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2006-05-08_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, May 08, 2006 Common Council Chamber Committee of the Whole 1. Call to Order — 5:00 pm 1.1 Nominating Committee 10.2(4)(b) 1.2 Personnel Matter 10.2(4)(b,j) 1.3 Commissioner of Finance Vacancy 10.2(4)0) 1.4 Personnel Matter 10.2(4)0) 1.5 Revisiting the 2002 Organizational Renewal Strategy 10.2(4)(b) 1.6 Staffing Processes - Spring 2006 10.2(4)(b) 1.7 Legal Session - Rockwood Park 10.2(4)(f,j ) Regular Meeting 1. Call to Order — Prayer, 6:30 p.m. 2. Approval of Minutes 2.1 Minutes - April 24, 2006 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Adoption of Consent Agenda 5.1 Communities in Bloom Letter of Appreciation and National Symposium (Receive for information) 5.2 Health Canada Letter of Thanks Conference on Drinking Water (Receive for information) 5.3 Fundy Skateboard Association Request to Present (Refer to Clerk to schedule) 5.4(a) Dr. Jim Stephenson Drainage Problem Ragged Point (Refer to City Manager) 5.4(b) Dr. Stephenson Request for Water and Sewerage (Refer to City Manager) 5.4(c)Dr. Stephenson Deer Population Ragged Point (Refer to City Manager) 5.4(d) Dr.Stephenson Speed Limit Ragged Point Road (Refer to City Manager) 5.5 Symphony NB Request for Financial Assistance (Refer to City Manager) 5.6 Horst Sauerteig Routing of LNG Pipeline (Refer to City Manager) 5.7 Request for Financial Support (Recommendation) 5.8 Name Change - Centennial School Field to the Jack Kyle Memorial Field (Recommendation) 5.9 Planning Advisory Committee Executive 2006 (Receive for Information) 5.10 Public Hearing Dates - 120 McDonald Street, 1032 McCavour Drive and 2075 Loch Lomond Road (Recommendation) 5.11 Partners for Climate Change (Recommendation) 5.12 MC2006 -120, Minimum Property Standards Program Update (Receive for Information) 5.13 Update on Mobile Signs (Receive for Information) Update on mobile signs. 5.14 Notice to Council - 310 Westmorland Road (Refer to PAC) 5.15 Rescheduling of Street Closing Hearing - Bayside Middle School Site (Recommendation) 6. Members Comments 7. Proclamation 7.1 Proclamation Police Week and Peace Officers Memorial Day 7.2 Proclamation World Lupus Day 7.3 Proclamation Census 2006 Week 7.4 Proclamation - National Day Homophobia and Transphobia 7.5 Proclamation Emergency Medical Services Week 8. Delegations / Presentations 8.1 6:45 p.m. NBCC Foundation 8.2 7:30 p.m. Saint John Port Authority 9. Public Hearings 9.1(a)(b) 7:00 p.m. Public Hearing - Proposed Municipal Plan & Zoning By -law Amend - 71 & 84 Kennedy St 9.1(c) Planning Advisory Committee Recommending Proposed Municipal Plan Amendment and Rezoning 71 and 84 Kennedy Street 10. Consideration of By -laws 10.1(a)Third Reading - Municipal Plan Amend - 14 Castle St. 10.1(b)(c) Third Reading - Zoning By -law Amend & Section 39 Conditions - 14 Castle St. 10.2(a)(b) Third Reading - Zoning By -law Amend & Section 39 Conditions - 125 Daniel Ave. 11. Submissions by Council Members 11.1 Recreation Services - Crescent Valley (Councillor McGuire) 11.2 Federal Investment in Public Transit (Councillor Titus) 11.3 Harbour Bridge speed limit (Councillor Chang) 11.4 Natural Forms of Energy (Councillor Chang) 11.5 Immigration Strategem (Councillor Chang) 11.6 2006 Census (Councillor McGuire) 11.7 Town Hall Meeting - Loch Lomond Villa (Councillor McGuire) 11.8 NBCC Funding Campaign 12. Business Matters — Municipal Officers 12.1 Recommendation for Approval of Tender - Asphalt Planer for MT Trackless Machine 12.2 Fire Apparatus Replacement - Update 12.3 Recommendation for Tender - Trailer Mounted Valve Operating System 12.4 Tender Recommendation - Contract 2006 -8: Mill Road Vault - Valve Renewal 12.5 Recommendation Award of Contract 2006 -3: Newman Street - Victoria St. Water & Sewer Construction and Street Reconstruction Rothesay Road (Route 100) - Road Reconstruction Provincially Designated Highways Improvement Program 12.6 Recommendation of Tender - Removal of Hydrocarbon Impacted Soil Lantic Sugar 12.7 Recommendation of Agreement- Communications - Simonds Fire Dept. 12.8 Lease Stalls B 1 & Al - City Market 12.9 Bentley Street/Harbour Passage (Phase 3) Right of Way Agreement with NB Southern Railway 12.10 Properties Recommended for Canadian Register of Historic Places 12.11 P.R.O. Kids Annual Report 12.12 Request for Surrender of Lease - Exhibition Assoc. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Canadian Cancer Society Pesticide By -Law 16. Adjournment City of Saint John Seance du conseil communal Le lundi 8 mai 2006 Salle du conseil communal Comit6 pl6nier 1. Ouverture de la s6ance : 17 h 1.1 Comite des candidatures — alin6a 10.2(4)b) 1.1 Question relative au personnel — alin6a 10.2(4)b) et j) 1.3 Poste du commissaire aux finances a pourvoir — alin6a 10.2(4)j) 1.4 Question relative au personnel — alin6a 10.2(4)j) 1.5 Wexamen de la strat6gie de renouvellement organisationnel de 2002 — alin6a 10.2(4)b) 1.6 Processus de dotation en personnel — Printemps 2006 — alin6a 10.2(4)b) 1.7 Seance juridique — Parc Rockwood — alin6a 10.2(4)f) et j) Seance ordinaire 1. Ouverture de la r6union, suivie de la pri&re 18h30 2. Approbation du proces- verbal 2.1 Proc6s- verbal — 24 avri12006 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Adoption de 1'ordre du jour relatif aux questions soumises a 1'approbation du conseil 5.1 Lettre de remerciements de 1'organisme Communaut6s en fleurs et Symposium international (accepter a titre informatif 5.2 Lettre de remerciements a 1'endroit de Sant6 Canada relativement a la conference sur 1'eau potable (accepter a titre informatif) 5.3 Demande de la Fundy Skateboard Association de se pr6senter devant le conseil (transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.4a) Probl6me de drainage relatif au chemin Ragged Point pr6sent6 par le Dr Jim Stephenson (transmettre au directeur g6n6ral) 5.4b) Demande du Dr Stephenson relative aux r6seaux d'aqueduc et d'6gouts (transmettre au directeur g6n6ral) 5.4c) Dr Stephenson — Population de chevreuils — Chemin Ragged Point (transmettre au directeur general) 5.4d) Dr Stephenson — Limite de vitesse — Chemin Ragged Point (transmettre au directeur g6n6ral) 5.5 Demande d'aide financi6re de la Symphonie Nouveau - Brunswick (transmettre au directeur g6n6ral) 5.6 Trac6 du pipeline de gaz naturel liqu6f16 de Horst Sauerteig (transmettre au directeur g6n6ral) 5.7 Demande d'aide financiere (recommandation) 5.8 Changement de nom du terrain de 1'6cole Centennial (Centennial School Field) a Jack Kyle Memorial Field (recommandation) 5.9 Comit6 consultatif d'urbanisme — direction 2006 (accepter a titre informatif) 5.10 Dates d'audiences publiques relatives aux biens -fonds situ6s au 120, rue McDonald, au 1032, chemin McCavour et au 2075, chemin Loch Lomond (recommandation) 5.11 Programme « Partenaires dans la protection du climat » (recommandation) 5.12 Mise a jour du programme de normes minimales r6gissant les r6sidences (accepter a titre informatif) 5.13 Mise a jour des panneaux mobiles (accepter a titre informatif 5.14 Avis au conseil — 310, chemin Westmorland (transmettre au Comit6 consultatif d'urbanisme) 5.15 Remise de 1'audience portant sur la fermeture de rue — Terrain de 1'6cole secondaire interm6diaire Bayside (recommandation) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Proclamation de la Semaine de la police et de la Comm6moration des agents de la paix 7.2 Proclamation de la Journ6e mondiale du lupus 7.3 Proclamation de la semaine du recensement 2006 7.4 Proclamation de la Journ6e nationale de lutte contre 1'homophobie et la transphobie 7.5 Proclamation de la Semaine nationale des services m6dicaux d'urgence 8. D616gations et pr6sentations 8.1 18 h 45 Fondation CCNB 8.2 19 h 30 — Administration portuaire de Saint John 9. Audiences publiques 9.1 a),b) 19 h — Audience publique relative au projet de modification du plan municipal et de 1'arrete sur le zonage visant le 71 et le 84, rue Kennedy 9.1c) Comite consultatif d'urbanisme recommandant le projet de modification du plan municipal et du rezonage visant le 71 et le 84, rue Kennedy 10. Etude des arrWs municipaux 10.1 a)Troisieme lecture du projet de modification du plan municipal visant le 14, rue Castle 10.1b),c) Troisieme lecture du projet de modification de 1'arrete sur le zonage et des conditions imposees par Particle 39 relativement au terrain situe au 14, rue Castle 10.2a),b) Troisieme lecture du projet de modification du plan municipal et des conditions imposees par Particle 39 relativement au terrain situe au 125, avenue Daniel 11. Intervention des membres du conseil 11.1 Services des loisirs — Crescent Valley (conseiller McGuire) 11.2 Investissement federal dans le service de transport en commun (conseiller Titus) 11.3 Limite de vitesse sur le pont du port (conseiller Chang) 11.4 Sources d'energie naturelles (conseiller Chang) 11.5 Strategie relative a l'immigration (conseiller Chang) 11.6 Recensement 2006 (conseiller McGuire) 11.7 Assemblee publique locale relative a la Loch Lomond Villa (conseiller McGuire) 11.8 Campagne de fmancement du CCNB 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Recommandation visant 1'approbation de la soumission — Aplanisseuse a asphalte pour tracteur Trackless MT 12.2 Mise a jour sur le renouvellement de 1'engin d'incendie 12.3 Recommandation relative a la soumission — Systeme de fonctionnement des valves sur remorque 12.4 Recommandation relative a la soumission visant le contrat 2006 -8 Enceinte du chemin Mill — Renouvellement des valves 12.5 Recommandation de 1'attribution du contrat 2006 -3 : Amenagement dun reseau d'acqueduc et d'egouts pour les rues Newman et Victoria et refection des rues — Refection du chemin Rothesay (route 100) — Programme d'amelioration des routes designees provinciales 12.6 Recommandation dune soumission — Enlevement des sols contamines aux hydrocarbures — Propriete de Sucre Lantic 12.7 Recommandation dune entente — Communications — Service d'incendie de Simonds 12.8 Marche municipal — location des etals ri « B 1 » et « Al » 12.9 Rue Bentley et Passage du port (phase 3) — Convention d'emprise avec le Chemin de fer du Sud, Nouveau - Brunswick 12.10 Proprietes recommandees aux fms d'inscription au Repertoire canadien des lieux historiques 12.11 Rapport annuel de P.R.O. Kids 12.12 Demande de cession de bail — Exhibition Association 13. Rapports de comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Societe canadienne du cancer — Arrete sur les pesticides (DVD disponible au bureau du greffier) 16. Cloture de la reunion 92 -173 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — APRIL 24, 2006 - 7:00 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors 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; R. Simonds, Fire Chief; B. Fillmore, Deputy Police Chief; D. Logan, Manager, Materials & Fleet Management; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Ferguson, A L'HOTEL DE VILLE, LE 24 AVRIL 2006 a 19 h Sont presents : Norman McFarlane, maire le maire suppleant Hooton et les conseillers Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; A. Beckett, directeur general adjoint, programmes et priorites et tresorier par interim; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; R. Simonds, chef du service d'incendie; B. Fillmore, chef de police adjoint; D. Logan, chef de I'approvisionnement et du parc automobile; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. Call To Order— Prayer Mayor McFarlane called the meeting to order and Reverend Hodge of the Grand Bay - Westfield Anglican Church offered the opening prayer. Ouverture de la reunion, suivie de la priere. La seance est ouverte par le maire McFarlane. Le reverend Hodge, pasteur de I'Eglise anglicane Grand Bay Westfield, recite la priere d'ouverture. 2 Approval of Minutes On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on April 10, 2006, be approved. Question being taken, the motion was carried. 2 Approbation du proces- verbal de la derniere reunion Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la reunion du 92 -174 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 conseil communal tenue le 10 avril 2006 soit approuve. A Tissue du vote, la proposition est adoptee. 3 Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of items 12.15, 12.16, and 15.2(a). Question being taken, the motion was carried. 3 Adoption de I'ordre du jour Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de cette reunion soit adopte, moyennant I'ajout des points 12.15, 12.16 et 15.2a). A Tissue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Adoption of Consent Agenda 5.1 Rebecca Bourdage Letter and Petition St. Peters Court Traffic Concerns (Refer to City Manager) 5.2 Saint John West Business Association Request for Business Improvement By -law (Refer to City Manager and City Solicitor) 5.3 Amending Resolution for Sale of 14 Castle Street (Recommendation) 5.4 Public Hearing Date - 725 Westmorland Road (Recommendation) On motion of Seconded by Question beir 5. Adoption de I'ordre du conseil Deputy Mayor Hooton Councillor White RESOLVED that the Consent Agenda be approved ig taken, the motion was carried. du jour relatif aux questions soumises a I'approbation 5.1 Lettre et petition reques de Rebecca Bourdage relatives a ses preoccupations visant ('impasse St. Peters (transmettre au directeur general) 5.2 Demande de la Saint John West Business Association relative a I'arrete concernant la taxe d'amelioration des affaires (transmettre au directeur general et a I'avocat municipal) 5.3 Resolution modificative visant la vente du bien -fonds situe au 14, rue Castle (recommandation) 5.4 Date de la tenue d'une audience publique relativement au 725, chemin Westmorland (recommandation) Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour relatif aux questions soumises a I'approbation du conseil soit adopte. A ('issue du vote, la proposition est adoptee. 92-175 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 6. Members Comments Council members commented on various community events. 6. Commentaires presentns par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 9. Public Hearings 7:00 P.M. 9.1 (a) (b) Public Hearing - Municipal Plan - Zoning Bylaw - 14 Castle Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment to re- designate on Schedule 2 -C of the Future Land Use Plan, from Medium Density Residential to Major Community Facilities classification, a parcel of land with an area of approximately 440 square metres, located at 14 Castle Street, also identified as being PID Number 14506, and the proposed re- zoning of the same parcel of land from "RM -1" Three Storey Multiple Residential to "IL -2" Major Institutional classification, as requested by Atlantic Health Sciences Corp. to develop an additional parking lot for St. Joseph's Hospital. 9.1(c) Planning Advisory Committee Report Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its April 18, 2006 meeting at which the Committee decided to recommend approval of the proposal; and recommending that Common Council approve the application to amend the Municipal Plan described above, and the proposed re- zoning of the same parcel of land from " RM- 1" Three Storey Multiple Residential to "IL -2" Major Institutional classification with Section 39 Conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By -law ", by re- designating on Schedule 2 -C of the Future Land Use Plan, from Medium Density Residential to Major Community Facilities classification, a parcel of land with an area of approximately 440 square metres, located at 14 Castle Street, also identified as being PID Number 14506, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law To Amend The Municipal Plan By -law ". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend The Municipal Plan By -law ", by re- designating on Schedule 2 -C of the Future Land Use Plan, from Medium Density Residential to Major Community Facilities classification, a parcel of land with an area of approximately 440 square metres, located at 14 Castle Street, also identified as being PID Number 14506, be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "A Law to Amend the Municipal Plan By -law ". 92 -176 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning the same parcel of land located at 14 Castle Street from "RM -1" Three Storey Multiple Residential to "IL -2" Major Institutional classification with Section 39 conditions, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning the same parcel of land located at 14 Castle Street from "RM -1" Three Storey Multiple Residential to "IL -2" Major Institutional classification with Section 39 conditions, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9. Audiences publiques a 19 h 9.1a), b) Audience publique relative aux modifications du plan municipal et de I'arr@te sur le zonage visant le 14, rue Castle Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du plan municipal en vue de modifier, a I'annexe 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain, d'une superficie d'environ 440 metres carres, situee au 14, rue Castle, portant le NID 14506, pour la faire passer de zone residentielle de densite moyenne a zone d'installations collectives majeures, et au projet de rezonage de la meme parcelle de terrain pour la faire passer de zone residentielle d'immeubles a Iogements multiples de trois etages RM -1 » a zone d'equipement collectif majeur « IL -2 », a la demande de la Corporation des sciences de la sante de I'Atlantique pour permettre I'amenagement d'une aire de stationnement supplementaire pour I'h6pital St.Joseph's. 9.1(c) Rapport du Comite consultatif d'urbanisme Examen d'un rapport du Comite consultatif d'urbanisme accompagne d'une copie d'un rapport du personnel d'urbanisme qui a ete etudie lors de la reunion du 18 avril 2006 au cours de laquelle le comite a decide de recommander I'adoption de la proposition, et a prescrit que le conseil communal approuve la demande de modification du plan municipal decrit ci- dessus ainsi que le projet de modification du zonage de la meme parcelle de terrain afin de faire passer la designation s'y rapportant de zone residentielle d'immeubles a Iogements multiples de trois etages a RM -1 » a zone d'equipement collectif majeur a IL -2 » , conformement aux conditions prevues a I'article 39. Le maire invite le public a exprimer son opposition au rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui au rezonage, mais personne ne prend la parole. Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal », visant a modifier, a I'annexe 2C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 14, rue Castle, d'une superficie d'environ 440 metres carres et portant le NID 145065 pour la faire passer de zone residentielle de densite moyenne a zone d'installations collectives majeures, Passe I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee 92 -177 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 Premiere lecture par titre de 1'arrete intitule < Arrete modifiant 1'arrete relatif au plan municipal >>. Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule a Arrete modifiant 1'arrete relatif au plan municipal >>, visant a modifier, a I'annexe 2C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 14, rue Castle, d'une superficie d'environ 440 metres carres et portant le NID 145067 pour la faire passer de zone residentielle de densite moyenne a zone d'installations collectives majeures, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete relatif au plan municipal >>. Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John » , relativement au rezonage d'une parcelle de terrain situee au 14, rue Castle, afin de faire passer la designation de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 > a zone d'equipement collectif majeur < IL -2 », conformement aux conditions prevues a I'article 39, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule << Arrete modifiant l'arrete sur le zonage de The City of Saint John >>. Proposition du maire suppleant Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain situee au 14, rue Castle, afin de faire passer la designation de zone residentielle d'immeubles a logements multiples de trois etages << RM -1 >> a zone d'equipement collectif majeur < IL -2 >>, conformement aux conditions prevues a I'article 39, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete sur le zonage de The City of Saint John >>. 9.2(a)(c) Public Hearing - Zoning By -law Amendment - 125 Daniel Avenue and Letters of Support The Common Clerk advised that the necessary advertising was completed with regard to a proposed re- zoning from 'R -1A" One Family Residential to "R -2" One and Two Family Residential classification, a parcel of land located at 125 Daniel Avenue, with an area of approximately 5750 square metres, also identified as being PID Number 55176457, to permit the construction of five two - family dwellings and one one - family dwelling as requested by Spectrum Enterprises Ltd, with letters of support received. 9.2(b) Planning Advisory Committee Report Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its April 18, 2006 meeting at which the Committee decided to recommend approval of the proposal; and recommending that Common Council approve the re- zoning from "R -1A" One Family Residential to "R -2" One and Two Family Residential classification, a parcel of land located at 125 Daniel Avenue, with an area of approximately 5750 square metres, also identified as being PID Number 55176457 with Section 39 Conditions. The Mayor called for members of the public to speak against the re- zoning with the following presenting: 92 -178 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 Bill Neal, 151 Daniel Avenue appeared before the Council in opposition to the proposed rezoning indicating that he would prefer to see the site developed with one - family dwellings, and expressed concerns about the density of the proposal and traffic impact. The Mayor called for members of the public to speak in favour of the re- zoning with the following presenting: Rick Turner of Hughes Surveys & Consultants Inc., on behalf of the applicant advised that he is in agreement with the Planning Advisory Committee and staff recommendations. Melanie Dowd spoke on behalf of the applicant, Spectrum Enterprises Ltd. She described the proposed development, and advised that she has individuals on a wait list for the homes. Mr. Bruce Dowd and Lisa Hovey, 54 Westminster Court spoke in favour of the re- zoning. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning the parcel of land with an area of approximately 5750 square metres, also identified as being PID Number 55176457 located at 125 Daniel Avenue from 'R-1A" One Family Residential to "R -2" One and Two Family Residential classification with Section 39 Conditions, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning the parcel of land with an area of approximately 5750 square metres, also identified as being PID Number 55176457 located at 125 Daniel Avenue from 'R-1A" One Family Residential to "R -2" One and Two Family Residential classification with Section 39 Conditions, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9.2a), c) Audience publique relative a la modification de I'arrete sur le zonage visant le 125, avenue Daniel et Iettres d'appui Le greffier communal indique que les avis requis ont ete publies relativement au rezonage propose dune parcelle de terrain situee au 125, avenue Daniel, d'une superficie d'environ 5 750 metres carres et portant le NID 55176457, pour faire passer la designation s'y rapportant de zone residentielle — habitations unifamiliales « R -1A » a zone residentielle - habitations unifamiliales at bifamiliales a R -2 », afin de permettre la construction de cinq habitations bifamiliales et d'une habitation unifamiliale, a la demande de Spectrum Enterprises Ltd., et que des Iettres d'appui ont ete revues a cet egard. 9.2b) Rapport du Comite consultatif d'urbanisme Examen d'un rapport du Comite consultatif d'urbanisme accompagne d'une copie d'un rapport du personnel d'urbanisme qui a ete etudie lors de la reunion du 18 avril 2006 au cours de laquelle le comite a decide de recommander I'adoption de la proposition, et a prescrit que le conseil communal approuve la demande de rezonage visant une parcelle de terrain d'une superficie d'environ 5 750 metres carres, situee au 125, avenue Daniel, et portant le NID 55176457, afin de faire passer la designation de zone residentielle — habitations unifamiliales « R -1A » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 » , conformement aux conditions prevues 6 I'article 39. 92 -179 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 Le maire invite le public a venir exprimer son opposition au projet de rezonage et la personne suivante prend la parole : Bill Neal, residant au 151, avenue Daniel et oppose au projet de rezonage, indique qu'il prefererait que le terrain soit amenage avec des habitations unifamiliales et exprime son inquietude quant a la densite de la proposition et a ('incidence de la circulation. Le maire invite le public a se prononcer en faveur du rezonage, et les personnel suivantes prennent la parole : Rick Turner de Hugues Survey & Consultants Inc., au nom du demandeur, indique qu'il appuie les recommandations formulees par le Comite consultatif d'urbanisme et le personnel. Melanie Dowd s'exprime au nom du demandeur, Spectrum Enterprises Ltd. Elle decrit I'amenagement propose et mentionne qu'elle a une liste d'attente sur laquelle sont inscrits les noms de personnel desirant une habitation. Bruce Dowd et Lisa Hovey, residant au 54, cour Westminster, s'expriment en faveur du rezonage. Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 5 750 metres carres situee au 125, avenue Daniel, et portent le NID 55176457, afin de faire passer la designation de zone residentielle — habitations unifamiliales « R -1A » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 >>, conformement aux conditions prevues a I'article 39, Passe ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que I'arrete intitule a Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 5 750 metres carres situee au 125, avenue Daniel, et portent le NID 55176457, afin de faire passer la designation de zone residentielle — habitations unifamiliales « R -1A » a zone residentielle - habitations unifamiliales et bifamiliales « R -2 », conformement aux conditions prevues a I'article 39, Passe ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John ». 8. Delegations /Presentations 8.1 Downtown Ministers' Association - Racino Reverend Dr. Paul A. Brown, Reverend Don Uhryniw, and Reverend Dave Nicholson representing the Downtown Ministers' Association, expressed concerns on the proposed establishment of a Racino in Saint John. They pointed out the danger of addiction and some moral and ethical issues facing communities with gambling institutions. 8. Delegations et presentations 8.1 Downtown Ministers' Association (Association des ministres du culte du centre - ville) relativement a un casino situe dans un hippodrome Le reverend docteur Paul A. Brown ainsi que les reverends Don Uhryniw et Dave Nicholson, representant I'association des ministres du culte de Saint John, expriment 92 -180 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 leurs inquietudes quant au projet d'etablissement d'un casino dans un hippodrome a Saint John. Its soulignent le danger de dependance au jeu et certaines questions ethiques et morales auxquelles font face les collectivites relativement aux etablissements de jeux. 8.2 Atlantic Health Sciences Corporation — Sudden Cardiac Arrest Referring to a submitted report, Ian Watson of Atlantic Health Sciences Corporation presented facts about sudden cardiac arrest. He explained the advantages of using an automated external defibrillator to address cardiac arrest and noted some of the measures that have been taken to improve responses. • Integrated 911 call- taking and dispatching • Pre -alert dispatching of EMS units • AEDs in EMS supervisory and admin. vehicles • Zone deployment for EMS units • Co- response programs with SJFD and RRFD On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the presentation from Atlantic Health Sciences Corporation on Sudden Cardiac Arrest in Saint John requesting that Council consider formally endorsing AHSC's Defibrillation program as a means of enhancing cardiac arrest survival and the acquisition and strategic placement of Automatic External Defibrillators (AED's) in the City's public venues together with resources to train affected City Departments in CPR and AED application, be referred to the City Manager. Question being taken, the motion was carried. 8.2 Corporation des sciences de la sante de I'Atlantique relativement aux arrets cardiaques soudains Se reportant a un rapport presente, Ian Watson de la Corporation des sciences de la sante de I'Atlantique presente les faits concernant les arrets cardiaques soudains. II explique les avantages de ('utilisation des defibrillateurs automatiques externes pour traiter les arrets cardiaques et mentionne certaines des mesures qui ont ete prises pour ameliorer les interventions : • integration de la prise et de la repartition des appels du service 911; • repartition des prealertes des services medicaux d'urgence (SMU); • presence de defibrillateurs externes automatiques (DEA) dans les vehicules de supervision et d'administration des SMU; • deploiement des zones des SUM; • programmes d'interventions conjointes avec le service d'incendie de Saint John et le Rothesay Regional Fire Department Inc. (service d'incendie regional de Rothesay). Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que la presentation de la Corporation des sciences de la sante de I'Atlantique sur les arrets cardiaques soudains dans The City of Saint John demandant au conseil d'envisager d'appuyer officiellement le programme de defibrillation de la Corporation comme un moyen d'ameliorer le taux de survie des personnes subissant un arret cardiaque, de faire I'acquisition de defibrillateurs externes automatiques (DEA) et de proceder a leur installation strategique dans les lieux publics de la ville et de trouver des ressources pour former le personnel des services municipaux touches relativement a ('utilisation des DEA et a la reanimation cardio- respiratoire (RCR), soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 92 -181 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 15. General Correspondence 15.2 Friends of Rockwood Park re Maritimes Northeast Pipeline and Horticultural Association 15.2(a) Clarification on Discussions with Maritimes Northeast Referring to his submitted report, the City Manager read the report which outlined steps he had taken to gather information on the proposed pipeline through the City and Rockwood Park. He presented several questions that need responses and advised that he is continuing to seek these answers through discussions with the Rockwood Park Advisory Committee, the Horticultural Association, Friends of Rockwood Park and Maritimes and Northeast Pipeline. Mr. Totten further advised that he will bring all the information he is able to gather back to Council. On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that the City Manager be directed to continue discussions with the Rockwood Park Advisory Committee, the Horticultural Association, Friends of Rockwood Park and Maritimes and Northeast Pipeline and report his findings back to Council. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Tait RESOLVED that item 15.1, Latimore Lake Community Association Request for LPP Funding be brought forward. Question being taken, the motion was carried. 15. Correspondance generale 15.2 Friends of Rockwood Park (amis du parc Rockwood) relativement a la Maritimes & Northeast Pipeline et a I'Association d'horticulture 15.2a) Eclaircissements sur les discussions engagees avec Maritimes Northeast Se reportant au rapport qu'il a presente, le directeur general lit le rapport soulignant les etapes qu'il a suivies pour recueillir des renseignements sur le projet de pipeline qui traverserait la ville et le parc Rockwood. II presente plusieurs questions qui necessitent des reponses et indique qu'il continue a chercher ces reponses au moyen de discussions avec le Comite consultatif du parc Rockwood, I'Association d'horticulture, les amis du parc Rockwood et Maritimes & Northeast Pipeline. M. Totten precise egalement qu'il apportera au conseil tous les renseignements qu'il pourra recueillir. Proposition du conseiller Tait Appuyee par le maire suppleant Hooton RESOLU que le directeur general soit charge de poursuivre les discussions avec le Comite consultatif du parc Rockwood, I'Association d'horticulture, les amis du parc Rockwood et Maritimes & Northeast Pipeline et de presenter ses conclusions au conseil. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Tait RESOLU que le point 5.1, Demande de financement de I'Association de la collectivite de la region du lac Latimore pour une parcelle de terrain soit examinee. A ('issue du vote, la proposition est adoptee. 92 -182 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 15.1 Latimore Lake Community Association Request for LPP Funding On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the letter from Colette McGrath, Chair of the Latimore Lake Community Association requesting financial assistance through the LPP Fund towards the development of a playground, be referred to the City Manager for a report to Common Council, and to the Common Clerk to schedule a presentation. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the meeting be extended to 10:30 as provided for in Council's Procedural By -law. Question being taken, the motion was carried. 15.1 Demande de financement de I'Association de la collectivite de la region du lac Latimore pour une parcelle de terrain Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU clue la lettre revue de Odette McGrath, presidente de I'Association de la collectivite de la region du lac Latimore, demandant de I'aide financiere par le truchement du fonds de terrains d'utilite publique qui servira a I'amenagement d'un terrain de jeux, soit transmise au directeur general aux fins de presentation d'un rapport au conseil et au greffier communal pour que soit fixee une date de presentation. A Tissue du vote, la proposition est adoptee. Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU clue la reunion soit prolongee jusqu'a 22 In 30, conformement aux dispositions de 1'arrete procedural du conseil. A Tissue du vote, la proposition est adoptee. 10. Consideration of By -laws 10. Etude des arretes municipaux 11. Submissions by Council Members 11.1 Municipal Magazine On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that item 11.1 Municipal Magazine, tabled on April 10, 2006, be lifted from the table. Question being taken, the motion was carried. Consideration was given to a copy of a municipal magazine published in the City of Hull, UK presented by Councillor Chase. Councillor Chase proposed that the City of Saint John consider a similar publication. On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that the copy of the municipal magazine, 'Hull in Print' be referred to the City Manager for consideration under the communication strategy. Question being taken, the motion was carried. 92 -183 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 11. Intervention des membres du conseil 11.1 Revue municipale Proposition du conseiller Farren Appuyee par le maire suppleant Hooton RESOLU que le point 11.1, Revue municipale, qui a ete reporte lors de la reunion du 10 avril 2006, soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. Etude d'un exemplaire d'une revue municipale publiee dans la ville de Hull, au Royaume -Uni, presente par le conseiller Chase. Le conseiller Chase propose que The City of Saint John envisage une publication semblable. Proposition du conseiller Chase Appuyee par le maire suppleant Hooton RESOLU que 1'exemplaire de la revue municipale intitulee c Hull in Print >> soit transmis au directeur general aux fins d'examen dans le cadre de la strategie de communication. A I'issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 (a)(b) City Solicitor Report - Noise By -law Referring to his submitted report, the City Solicitor advised that third reading of the Noise By -law is in order, first and second readings having been given on November 7, 2005. He noted that two changes have been made, the first involving restricting the persons who may lay Informations to the Common Clerk and to persons who have been designated by Common Council to do so, and the second involving changing the amount of the proposed minimum fines to $250.00 from $200.00. He explained the process which would be followed for the laying of an information which is detailed in his report. On motion of Councillor Farren Seconded by Councillor Tait RESOLVED that the Common Clerk, J. Patrick Woods, Sergeant Bill Crowley, Constable Gary Boyle, Constable Kent Atherton, and Constable Cory Jamieson are hereby designated and authorized to commence proceedings on behalf of The City of Saint John by laying Informations in the Provincial Court of New Brunswick with respect to breaches of the Saint John Noise By -Law. The designation and authorization of each person shall cease when it is revoked by Common Council or when the officer ceases to be a member of the Saint John Police Force, whichever comes first. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number M -22, A By -law Respecting the Prevention of Excessive Noise in the City of Saint John ", amended by repealing Sections 3, 5 and 6 and inserting substitutions, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -22, A By -law Respecting the Prevention of Excessive Noise in the City of Saint John" was read in its entirety. On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -22, A By -law Respecting the Prevention of Excessive Noise in the City of Saint John ", amended by repealing Sections 3, 5 and 6 and inserting substitutions, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 92 -184 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -22, A By -law Respecting the Prevention of Excessive Noise in the City of Saint John' . 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 a), b) Rapport de I'avocat municipal sur I'arrete concernant la prevention du bruit excessif Se reportant au rapport qu'il a presente, l'avocat municipal indique que la troisieme lecture de 1'arrete concernant la prevention du bruit excessif est en regle etant donne que la premiere et la deuxieme lecture ont eu lieu le 7 novembre 2005. 11 mentionne que deux modifications ont ete apportees : la premiere concerne la Iimite des personnes pouvant deposer des denonciations aupres du greffier communal et des personnes qui ont ete nommees par le conseil communal pour le faire, et la deuxieme, le changement du montant des amendes minimales proposees en le faisant passer de 200 $ a 250 $. 11 explique le processus qui serait suivi pour le depot d'une denonciation qui est detaille dans son rapport. Proposition du conseiller Farren Appuyee par le conseiller Tait RESOLU que le greff ier communal, J. Patrick Woods, le sergent Bill Crowley et les agents de police Gary Boyle, Kent Atherton et Cory Jamieson soient, par la presente, nommes et autorises a entamer des procedures pour le compte de The City of Saint John an deposant des denonciations a la Cour provinciale du Nouveau - Brunswick relativement aux violations de 1'arrete concernant la prevention du bruit excessif de Saint John. Les nominations et les autorisations pour chaque personne demeureront en vigueur tant qu'elles ne seront pas revoquees par le conseil communal ou que les agents de police seront membres du corps de police de Saint John, selon la premiere eventualite. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le maire suppleant Hooton RESOLU que I'arrete intitule « Arrete no M -22, concernant la prevention du bruit excessif dans The City of Saint John », soit modifie en abrogeant les articles 3, 5 et 6 at en ajoutant des substitutions, Passe l'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -22 concernant la prevention du bruit excessif dans The City of Saint John » est lu integralement. Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete no M -22, concernant la prevention du bruit excessif dans The City of Saint John », soit modifie en abrogeant les articles 3, 5 et 6 at en ajoutant des substitutions, Passe I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no M -22 concernant la prevention du bruit excessif dans The City of Saint John >>. 12.2 Fire Apparatus Replacement Program On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Council adopt the proposed Apparatus Replacement Strategy that would see pumper and tanker trucks removed from front line service and placed in reserve after fifteen (15) years, rescue units placed in reserve after 10 years and aerial trucks after 20 years, and allow for the expansion of the Fleet Replacement Program to encompass 92 -185 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 fire apparatus so that the above program becomes a part of a sustainable fleet replacement program. Question being taken, the motion was carried. 12.2 Programme de renouvellement de 1'engin d'incendie Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil adopte la strategie de renouvellement de 1'engin d'incendie propose' e visant le retrait des autopompes et des camions - citernes a eau des services de premiere Iigne et Ieur mise en reserve apres quinze (15) ans, la mise en reserve des vehicules de sauvetage apres dix (10) ans et celle des camions elevateurs, apres vingt (20) ans ainsi que le prolongement du programme de renouvellement du parc de vehicules en vue d'englober 1'engin d'incendie de sorte que le programme susmentionne fasse partie du programme de renouvellement du parc de vehicules durable. A ('issue du vote, la proposition est adoptee. 12.3 Replacement - Fire Apparatus On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, subject to final inspection and acceptance of the vehicles offered, the proposal submitted by E -One Canada Corp. for the supply of 2 only stock demonstrator pumper trucks in the amounts of $319,207.84 and $321,319.00 respectively and 1 only demonstrator pumper /rescue unit in the amount of $417,295.77, plus (the cost of required modifications and) sales tax, be accepted. Question being taken, the motion was carried. 12.3 Renouvellement de 1'engin d'incendie Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, sous reserve de ('inspection finale et de I'approbation des vehicules offerts, la proposition soumise par E -One Canada Corp. relative a la fourniture de deux autopompes de demonstration seulement aux montants de 319 207,84 $ et 321 319 $ respectivement et d'une seule autopompe / sauvetage de demonstration au montant de 417 295,77 $, en plus du coot des modifications requises et de la taxe de vente, soit acceptee. A ('issue du vote, la proposition est adoptee. 12.4 Tender - Traffic Paint On motion of Councillor Court Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the tender for the supply of Premium /High Performance Traffic Paint be awarded to Laurentide Atlantic Ltd., as indicated on the submitted summary of bids. Question being taken, the motion was carried. 12.4 Soumission relative a la peinture de signalisation routiere Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, la soumission relative a la peinture de signalisation routiere de haute qualite ou haute performance soit accordee a Laurentide Atlantic Ltd., comme I'indique le resume des soumissions presente. 92 -186 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 A Tissue du vote, la proposition est adoptee. 12.5 Contract 2006 -7 -McAllister Wastewater Pumping Station -Electrical Service Repairs On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Contract 2006 — 7: McAllister Wastewater Pumping Station — Electrical Service Repairs, be awarded to the low tenderer, G.N. LeBlanc Construction Ltd. at its tendered price of $63,500.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.5 Contrat n° 2006 -7 relatif aux reparations effectuees au service electrique du poste de pompage des eaux usees de la promenade McAllister Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le directeur general, le contrat no 2006 -7, relatif aux reparations effectuees au service electrique du poste de pompage des eaux usees de la promenade McAllister, soit accorde au soumissionnaire moins - disant, G. N. LeBlanc Construction Ltd., au prix offert de 63 500 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. A Tissue du vote, la proposition est adoptee. 12.6 Engagement of Engineering Consultant - 2006 Rural Roads Upgrade On motion of Councillor White Seconded by Deputy Mayor Hooton 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 Hughes Surveys & Consultants Inc. to carry out design services for the 2006 Rural Roads Upgrade Project as contained in the approved General Fund Capital Program — Transportation Category. Question being taken, the motion was carried. 12.6 Nomination d'un ingenieur- conseils relativement au projet d'amelioration des routes rurales 2006 Proposition du conseiller White Appuyee par le maire suppleant Hooton 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 communal autorise le personnel a entreprendre des negociations pour embaucher Hugues Surveys & Consultants Inc. afin que cette entreprise fournisse les services de conception du projet d'amelioration des routes rurales 2006, compris dans le programme d'immobilisations generales approuve, categorie des transports. A Tissue du vote, la proposition est adoptee. 12.7 Contract 2006 -14 - Old Black River Road - Sanitary and Storm Sewer Installation On motion of Councillor Farren Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2006 — 14: Old Black River Road — Sanitary Sewer & Storm Sewer Installation and Road Reconstruction be awarded to the tenderer, Galbraith Construction Ltd, at its tendered price of $2,369,906. as calculated based upon estimated quantities, 92 -187 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.7 Contrat no 2006 -14 relatif au reseau d'egouts pluvieux et sanitaires du chemin Old Black River Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le contrat no 2006 -14, relatif au reseau d'egouts pluvieux et sanitaires et aux travaux de refection du chemin Old Black River, soit accorde au soumissionnaire moins- disant, Galbraith Construction Ltd., au prix offert de 2 369 906 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. A ('issue du vote, la proposition est adoptee. 12.8 Contract 2006 -2 -Sydney Street -Water and Sewer Renewal On motion of Councillor Farren Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2006 -2: Sydney Street - Water & Sewer Renewal be awarded to the tenderer, Galbraith Construction Ltd., at its tendered price of $498,571. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.8 Contrat no 2006 -2 relatif au renouvellement du reseau d'aqueduc et d'egouts de la rue Sydney Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le contrat no 2006 -2, relatif au renouvellement du reseau d'aqueduc et d'egouts de la rue Sydney, soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 498 571 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. A ('issue du vote, la proposition est adoptee. 12.9 Tender- Carleton Accessible Playground Equipment On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the tender for the playground safety surface be awarded to PlayTeck in the amount of $68,000. plus HST and the tender for playground equipment at the Carleton Community Centre be awarded to Little Tikes Commercial in the amount of $120,705. plus HST as indicated on the submitted summary of bids. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the meeting be extended in order to complete the agenda as provided for in Council's Procedural By -law. Question being taken, the motion was carried. 92 -188 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 12.9 Soumission relative au materiel de terrains de jeux pour le terrain de jeux de Carleton Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le directeur general, la soumission relative a la surface securitaire du terrain de jeux soit attribuee a PlayTeck pour la somme de 68 000 $ (TVH en sus) at que la soumission relative au materiel du terrain de jeux du centre communautaire de Carleton soit attribuee a Little Tikes Commercial pour la somme de 120 705 $ (TVH en sus), comme I'indique le resume des soumissions presente. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que la reunion soit prolongee afin de terminer l'ordre du jour, conformement aux dispositions de 1'arnR6 procedural du conseil. A Tissue du vote, la proposition est adoptee. 12.10 St. Pius Church -Traffic Lights at Crosswalk On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that Council deny the City Manager's recommendation to receive for information the request for traffic signals to be installed at the crosswalk at St. Pius Church. Question being taken, the motion was carried, with Councillor Tait voting 'nay'. The City Manager advised Council that the crosswalk at St. Pius Church is not a suitable location to place traffic lights. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the issue of traffic problems with pedestrians crossing in front of St. Pius Church and the proposed installation of traffic lights, be referred to the City Manager to explore alternatives with input from the community. Question being taken, the motion was carried. 12.10 Feux de circulation au passage pour pietons situe devant 1'eglise St. Pius Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que le conseil rejette la recommandation du directeur general visant a accepter a titre informatif la demande d'installation de feux de circulation au passage pour pietons situe devant I'eglise St. Pius. A ('issue du vote, la proposition est adoptee. Le conseiller Tait vote contre la proposition. Le directeur general indique au conseil que le passage pour pietons situe devant I'eglise St. Pius n'est pas un endroit adequat pour installer des feux de circulation. Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que la question des problemes de circulation lies au passage pour pie tons situe devant 1'eglise St. Pius et le projet d'installation de feux de circulation soient transmis au directeur general pour qu'il envisage des solutions de rechange par I'intermediaire des commentaires recueillis aupres des membres de la collectivite. 92 -189 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 A ('issue du vote, la proposition est adoptee. 12.11 Annual Sidewalk Vendor Auction On motion of Councillor Tait Seconded by Councillor Ferguson RESOLVED that the issue of the annual sidewalk vendor auction and the rental increase for sites, be referred to the City Manager to report back to Council with a proposed increase in site rental amounts using a graduated scale over time. Question being taken, the motion was defeated with the Deputy Mayor and Councillors Chase, Court, Farren, and McGuire voting 'nay'. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, sites 2 and 11 be eliminated and that a new site be established on reconstructed Water Street adjacent to Loyalist Plaza as indicated on the submitted map, and further that the minimum bid price be increased from $600. to $2,000., and staff be authorized to advertise and conduct the auction in May 2006. Question being taken, the motion was carried, with the Mayor and Councillors Ferguson, Tait and White voting 'nay'. 12.11 Vente aux encheres annuelle des vendeurs sur le trottoir Proposition du conseiller Tait Appuyee par le conseiller Ferguson RESOLU que la question relative a la vente aux encheres annuelle des vendeurs sur le trottoir et a I'augmentation de la location des emplacements soit transmise au directeur general aux fins de presentation d'un rapport au conseil dans Iequel it proposerait une augmentation du montant des locations des emplacements a I'aide d'une echelle graduee au fit des ans. A ('issue du vote, la proposition est rejetee. Le maire suppleant et les conseillers Chase, Court, Farren et McGuire votent contre la proposition. Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, les emplacements 2 et 11 soient elimines, qu'un nouvel emplacement soit etabli sur la rue Water reconstruite qui est attenante a la place Loyalist Plaza, comme I'indique le plan presente, que le prix minimal offert passe de 600 $ a 2 000 $ et que le personnel soit autorise a annoncer et a effectuer la vente aux encheres qui aura lieu en mai 2006. A ('issue du vote, la proposition est acceptee. Le maire et les conseillers Ferguson, Tait et White votent contre la proposition. 12.12 Bill 34 - Substandard Housing Consideration was given to a report from the City Manager advising that on Thursday, April 13, 2006, Bill 34, an act to amend the Municipalities Act which gives significant new powers and authorities respecting substandard housing and dangerous and unsightly premises to municipalities throughout the province, received third reading and royal assent. He added that within a few months it is expected that new regulations will be in effect and that the City's Minimum Standards By -law will be amended to reflect the changes in legislation. On motion of Councillor Farren Seconded by Councillor White RESOLVED that as recommended by the City Manager, the report on Bill 34, an act to amend the Municipalities Act with regard to Substandard Housing, be received for information. Question being taken, the motion was carried. 92 -190 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 12.12 Projet de loi 34 relatif a I'habitat defectueux Examen du rapport presente par le directeur general dans lequel it indique que, le jeudi 13 avril 2006, le projet de loi 34, visant a modifier la Loi surles municipalites qui accorde aux municipalites a la grandeur de la province de nouveaux pouvoirs et autorites importants concernant I'habitat defectueux et les batiments inesthetiques et dangereux, a ete Iu pour la troisieme fois et a requ la sanction royale. 11 ajoute que, dans quelques mois, on prevoit que de nouveaux reglements seront en vigueur et que 1'arrete sur Ies normes minimales applicables aux biens -fonds de la ville sera modifie pour refleter Ies changements apportes a la loi. Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le rapport sur le projet de loi 34 visant a modifier la Loi surles municipalites en ce qui concerne I'habitat defectueux, soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 12.13 Saint John Water - Review of Rates and Rates Structure Options On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, the proposal of R. V. Anderson Associates Limited for a review of rates and rate structure options be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 12.13 Reseau d'aqueduc et d'egouts de Saint John - Evaluation des tarifs et options relatives a la grille tarifaire Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, la proposition presentee par la firme R. V. Anderson Associates Limited, visant I'evaluation des tarifs et options relatives a la grille tarifaire, soit acceptee, et que le maire et le greffier communal soient autorises at signer la documentation exigee a cet egard. A Tissue du vote, la proposition est adoptee. 12.14 Sale of City Land - Corner Millidge Avenue and Somerset Street On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the City of Saint John sell the fee simple interest in PID Number 47381, subject to any necessary municipal services easements /easements for municipal services to 600608 N.B. Ltd. for $3,500. (plus HST, if applicable) on or before July 30, 2006 and the above noted transaction be subject to the following terms and conditions: a) placement of access to the subject property from a public street is subject to approval by the Chief City Engineer or his designate, and a restrictive covenant that the placement of access, as approved by the City Engineer will not be enlarged, amended, extended or replaced, unless prior written approval has been obtained from the Chief City Engineer or his designate; b) the subject property must be connected to municipal water and sewer services, prior to any occupancy of the building; c) that a restrictive covenant be placed on the deed /title limiting the development of this site to a single family dwelling; and d) if construction of the above said building, including the foundation for the dwelling has not commenced within six months of the transfer of the property to 600608 N.B. Ltd., the 92 -191 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 City has an option to repurchase the subject property within 90 days of the City giving written notice to the purchaser and that the repurchase of the said property shall be for $3,500. and that the Mayor and Common Clerk be authorized to sign any necessary documents required to finalize this transaction. Question being taken, the motion was carried. 12.14 Vente d'un bien -fonds municipal situ& a ('intersection de ('avenue Millidge et de la rue Somerset Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande le directeur general, sous reserve de toute servitude necessaire aux fins de services municipaux/servitudes de services municipaux, The City of Saint John transfere I'interet en fief simple dans le terrain portant le NID 47381 a 600608 N.B. Ltd., pour la somme de 3 500 $ (TVH en sus, le cas echeant), au plus tard le 30 juillet 2006, et que la transaction susmentionnee soit assujettie aux conditions suivantes : a) que ('installation d'un acces au terrain en question at partir d'une rue publique soit assujetti a I'approbation de I'ingenieur municipal en chef ou de son representant, et qu'une clause restrictive stipule que ('installation de I'acces, approuvee par I'ingenieur municipal en chef, ne sera pas agrandie, modifiee, prolongee ou remplacee, sans avoir obtenu au prealable une approbation ecrite de I'ingenieur municipal en chef ou de son representant; b) que le terrain en question soit relie au reseau municipal d'aqueduc et d'egouts, avant ('occupation du batiment; c) qu'il y ait adoption d'une servitude afferente at I'acte de transfert/titre dans le but de restreindre I'amenagement de ce terrain at des habitations unifamiliales; d) si la construction dudit batiment, y compris la fondation de I'habitation, n'a pas commence dans les six mois du transfert du terrain a 600608 N.B. Ltd., que la ville ait une option de rachat du terrain en question dans les 90 jours de la remise de I'avis ecrit a I'acheteur par la ville, que le montant du rachat dudit terrain soit de 3 500 $ et que le maire et le greffier communal soient autorises a signer toute documentation requise afin de conclure ladite transaction. A ('issue du vote, la proposition est adoptee. 12.15 Human Rights Complaint - Public Transit - Tentative Settlement On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Solicitor, the City accept the terms of settlement in the matter of the Human Rights Complaints regarding public transit as set out in the City Solicitor's submitted report dated April 24, 2006, and the Mayor and Common Clerk be authorized to sign any necessary documents required to finalize this transaction. Question being taken, the motion was carried. 12.15 Rdglement provisoire relatif aux plaintes en mati &re des droits de la personne Proposition du conseiller Farren Appuyee par le maire suppleant Hooton RESOLU que, comme le recommande I'avocat municipal, la ville accepte les modalites du regtement relatif aux plaintes en matiere des droits de la personne, telles qu'elles sont enoncees dans le rapport present& par I'avocat municipal date du 24 avril 2006, et que le maire et le greffier communal soient autorises a signer toute documentation requise afin de conclure ladite transaction. A ('issue du vote, la proposition est adoptee. 92 -192 COMMON COUNCILICONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 12.16 Ratification - Settlement of Legal Proceedings On motion of Councillor Farren Seconded by Deputy Mayor Hooton Whereas settlement was concluded in the spring of 2004 with respect to three actions brought against The City of Saint John identified as Cause Numbers S/C /463/00, S/C /500/00 and S/C/441/02; and Whereas the aforesaid settlements were inadvertently concluded without their having been authorized by resolution of Common Council adopted in Open Session; Now therefore be it resolved that Common Council does hereby ratify the payment of $10,000. to the plaintiff in each of the said actions respectively, in full, final and conclusive settlement of their actions against The City of Saint John. Question being taken, the motion was carried. 12.16 Ratification du reglement relatif aux procedures judiciaires Proposition du conseiller Farren Appuyee par le maire suppleant Hooton Attendu qu'un reglement a ete conclu au printemps 2004 relativement a trois actions intentees contre The City of Saint John, portant les numeros S/C/463/00, S/C /500/00 at S/C/441/02; attendu que les reglements susmentionnes ont ete conclu par inadvertance sans avoir ete autorises au moyen de I'adoption de la resolution du conseil communal au cours d'une reunion publique; pour ces motifs, it est resolu que le conseil communal ratifie, par la presente, le paiement de 10 000 $ au plaignant de chacune desdites actions respectivement, ce qui represente un reglement total at definitif de leurs actions intentees contre The City of Saint John. A Tissue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Proposed Subdivision - Palmer Subdivision On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the Planning Advisory Committee: 1. Common Council assent to the submitted photo- reduced Huxtable Subdivision tentative subdivision plan illustrating the extension as a public street, as well as any necessary municipal services and public utility easements on the condition that any new driveway entrance on the proposed Cottonwood Court be limited to the portion of the street surfaced with asphalt and a note to this effect be placed on the final subdivision plan. 2. Common Council 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. The Planning Advisory Committee approve the street name of Cottonwood Court. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Lotissement propose sur le lotissement Palmer Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que, comme le recommande le Comite 92 -193 COMMON COUNCIUCONSEIL COMMUNAL APRIL 24, 2006/LE 24 AVRIL 2006 consultatif d'urbanisme : 1. le conseil communal approuve le plan provisoire present& avec photo r&duite relatif au lotissement Huxtable, delimitant le prolongement d'une voie publique, ainsi que toute emprise exigee aux fins de services municipaux et de services d'utilite publique, a condition que la nouvelle voie d'acces pour automobiles donnant sur le projet de ('impasse Cottonwood soit restreinte a la partie de la rue qui est asphaltee, et qu'une note at cet egard soit jointe au plan de lotissement final; 2. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la ville et le promoteur afin de permettre 1'ex6cution des travaux requis et la mise en place des installations necessaires, y compris 1'elaboration de plans de situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef; 3. ce dernier approuve le nom de la rue de l'impasse Cottonwood. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets &cartes des questions soumises a ('approbation du conseil 16. Adjournment The Mayor declared the meeting adjourned at 11:30 p.m. 16. Cloture de la reunion Le maire declare que la seance est levee a 23 h 30. Mayor /maire Common Clerk/greffier communal ada i+ I Communities Collectivites in Bloom `= en fleurs People, Plains and Pride._ OoMs at esperes carts en harmonie.. Growing Together are sorAle lloriaante April 17, 2006 City of Saint John Mayor & Council PO Box 1971, 15 Market Square Saint John New Brunswick E2L 4L1 His Worship Mayor Norm McFarlane & Council, This letter is to express our appreciation to the City of Saint John for its participation in the 2006 National Edition of Communities in Bloom. Your involvement provides our organization with valued information to nurture, and develop our network of information for the benefit of all provincial participants, national and international finalists. We are looking forward to another exciting year... particularly with the development of the CiB Foundation, our Community Tourism Initiatives and the growth of our WinterLights Celebrations. We anticipate learning more about your community, and hope that you will be able to attend the National Symposium and Awards in Brandon, Manitoba, to be held September 20a' -24h, 2006. Thank you for your continued support of Communities in Bloom. Most Sincerely, Ted Blowes National Chairman People, Plants add Pride... Growing Together/Citoyens et ecpaces vests en harmonie.., one societ6 florissante 112, Terry Fox, Kirkland, Quebec H9H 4M3 • Tel.: (5 14) 694 -8871 Fax: (514) 694-3725 &Mail/Courriel : bloom.fleurs@sympatico ea Web Site: www.communitiesinbloom.ca • Site Internet : www.colleetivitesenfleurs.ca ' ,,,Health Canada Healthy Environments and Consumer Safety Branch 13 April 2006 Mayor and Common Council City of Saint John 15 Market Square PO Box 1971 Saint John New Brunswick E2L 4L1 Sante Canada Direction generale, Sante environnementale et securite des consommateurs Dear Mayor and Common Council Your Nle vorre ret4rence Our Ne Notre reterence On behalf of the Federal - Provincial - Territorial Committee on Drinking Water and the Technical Programme Committee I would like to thank the City of Saint John for recently hosting the 12th National Conference and the 3rd Policy Forum on Drinking Water. This very successful event attracted approximately 300 delegates from across Canada and beyond to your beautiful, historic city. Many of the delegates took time to visit Saint John and experience the warm hospitality of your citizens. The conference programme emphasised the important roles that researchers, consultants, regulators and elected officials play in keeping abreast of and responding to current and emerging drinking water issues. Mayor McFarlane's welcoming remarks at the Conference Dinner and the participation of Councillors Court and Tait in the Public Forum were greatly appreciated. Thanks are extended to Al Phinney from the Municipal Operations and Engineering Department for the displays at the New Brunswick Museum and the Saint John Free Public Library. This is the first time that such displays have been part of the National Conferences; they underscore the importance that safe drinking water piays in the history and development of communities. In closing I would like to extend special thanks to Peter Hanlon, City of Saint John Water for his hard work on -site to make this such a successful conference. Sincerely, William Robertson Co- Chair, National Conferences on Drinking Water and Head, Microbiological Assessment Section Water Quality and Health Bureau Health Canada Canada 2006. Ma rch.30. Na yyUt ,r COLIACi11OYs Comfion Clerk's Office City of Saint John #15 Market Square Saint John, New Brunswick E2L 41.1 Re: Fundy Skateboard Association- Presentation to Saint John Common Council The Fundy Skateboard Association and the community committee working toward construction of the proposed waterfront skatepark wish to request a date to make a presentation to Common Council at the earliest available opportunity. The presentation will include updates on the status of the project and will require approximately twenty minutes to one -half hour. Please contact the undersigned with any questions or directions. Thank you. Jim Fleming , 648 -3250 639 -4240 cell AJo yz jim.fleming @saintjohn.ca Ragged Ends 509 Ragged Point Road Saint John N.B. E2K 5C6 Mayor and Councilors City of Saint John Apri124th 2006 Dears Sirs: It is approximately one year since my last request to have something done about the drainage of road water from the cul -de sac at the end of the Ragged Point Road. The run- off continues to collect and gather in my driveway and end up at my back door. Please have the city engineers come up with a solution and implement it this construction season. I can be reached at 506- 636 -1168 or 506- 648 -9098 or doctookawalk@hotmail.com for any questions. Sincerely Dr J D Stephenson Ragged Ends 509 Ragged Point Road Saint John N.B. E2K 5C6 Mayor and Councilors City of Saint John Apri124th 2006 Dears Sirs: It is approximately one year since my last request to have something done about the drainage of road water from the cul -de sac at the end of the Ragged Point Road. The run- off continues to collect and gather in my driveway and end up at my back door. Please have the city engineers come up with a solution and implement it this construction season. I can be reached at 506- 636 -1168 or 506- 648 -9098 or doctookawalk@hotmail.com for any questions. Sincerely Dr J D Stephenson Ragged Ends 509 Ragged Point Road Saint John N.B. E2K 5C6 April 24, 2006 Mayor and Councilors City Of Saint John Dear Sirs: This year has seen another large increase in the deer population in our area. There is at least one large herd of ten and many other scattered deer. This continues to be a safety hazard and I am writing in the hope of some appropriate warning signage. Sincerely Dr J D Stephenson 5 q A Ragged Ends 509 Ragged Point Road Saint John N.B. E2K SC6 April 24, 2006 Mayor and Councilors City of Saint John Dear Sirs: I am writing to request a review of the speed limit on Ragged Point Road which at present is 50km/hr from the Samuel de Champlain Centre to my house at the end. Around Batten Terrace the road becomes significantly narrower and the sight lines are more difficult. The "joy riding "and "Sunday driving" seasons approach. There are more young children on the street than in previous years and they are now out on bikes. We have no sidewalk and the road is not standard width. I think revising the posted limit to 40 km/hr would be a wise move for the safety of all. Please consider this. I can be reached at 506- 636 -1168 or 506- 648 -9098 or at doctookawalk @hotmail.com for any questions. Sincerely Dr J D Stephenson Symphony New Brunswick Symphonic Nouveau - Brunswick April 23, 2006 Mayor Norman McFarlane and Members of Common Council City of Saint John 15 Market Square Saint John, NB E2L IE8 Your Worship and Members of Common Council, On behalf of the musicians and the members of the Board of Directors of Symphony New Brtmswick/Symphonie Nouveau- Brunswick I want to express our thanks once again for your generous donation of $5,000 last year at this time. We ended our fiscal year last June in the black with a small surplus, the second year in a row, and we are looking for similar results at this year end. Our concert season this year was outstanding with excellent guest artists, including some Saint John artists. I am happy to report that we had sold out performances in Moncton and Fredericton as well as Saint John for two of our concerts. We put on a fund raising concert in Sussex in September and ran out our December concert this year to St. Andrews, the first time we have played in those communities. As you know, we appointed a new Music Director/Principal Conductor in the early fall. St6phane Laforest brings a great deal of experience to SNB and we are expecting great things from him in continuing to improve the excellence of the orchestra. The news conference/reception to introduce our new Maestro to Saint John which you graciously allowed us to have in the Red Room at City Hall in September was a great success and brought together a large number of people from the business community, the three levels of government, and classical music fans. We were especially grateful to Mayor McFarlane for saying a few words of welcome since he had only returned from China the previous evening. We were also pleased that the Red Room was made available for the launch of the latest CD of the Symphony's String Quartet, the Saint John String Quartet in January of this year. The Quartet members are very familiar figures in Saint John, have an association with L NB Saint John, and are sought after to perform at many civic and business events in the greater Saint John area. These musicians and others from the orchestra continued offering concerts in schools around Saint John and the province during the past year and serve also as the major music teachers for young people in Saint John who, when they reach a high level may be asked to become apprentice members of the orchestra, some moving on to regular members in time. 32 King Street, Saint John, NB E2L 1G3 * Tel: 506- 634 -8379 Fax: 506- 634 -0843 Email: symohonv(i0bnet.nb.ca Website: www.symphonynb.com SNB derives about 40 percent of its revenue from box office sales and subscriptions. Tne rest must come from the federal and provincial governments, municipal governments, corporations, foundations and individuals. Our budget this year is around $650,000. So ate Board of Directors must do a lot of fund raising annually. Sustaining grants are received from the Canada Council and the Arts Branch of the Government of New Brunswick. The City of Saint John benefits greatly from having SNB based in Saint John. Much of our budget in terms of compensation, goods and services remains in the city. The symphony is the jewel in the musical crown of the City and the Province. Through its teaching and performance it adds greatly to the quality of life that we enjoy. Its presence, along with the many other fine arts organizations, is an aid in recruiting newcomers and immigrants to our businesses, our hospital, our university, community college and schools. Most cities of our size and even a few smaller ones have a symphony orchestra and most receive support from their municipalities. We would be diminished as a city and province without our symphony orchestra. But we must also recognize the cost of having one in our midst. I would like to ask the Mayor and Members of Common Council for a renewal of its grant of $5,000 to SNB. The dollars are important to our financial well being but a grant from the City also sends a message to others. When we seek support from corporations and foundations and from the senior levels of government, we are often asked what the City of Saint John is doing to help. And so your help is important in itself but also as a means of encouraging others to give. We have made requests to the Cities of Fredericton and Moncton and I am hopeful that we might be successful this year. Our Board has been working hard to help itself and is committed to following a plan which it believes will lead to stability and sustainability for the future. The Board believes that the City of Saint John needs to be a vital part of this. My colleagues on the Board and I would be pleased to meet with you to discuss our request if you wished and to answer any questions you may have. We very much hope that the Mayor and Council can respond positively Sincerely, Thomas J. Condon President and Board Chair HORST SAUERTEIG +I ;it I, , � , 11 6 m Aiy 'h'. 1 il 1,111i 1:i11 11 ;i) I I! , .`1 u11i"h c. C: April 26, 2006 To Mayor Norm McFarlane and Councillors of the City of Saint John Re.: The Routing of the LNG pipeline Your Worship and Councillors, Attached please find the copy of a letter dated April 24, 2006 to Mr. Doug Bloom, president of the Maritimes & Northeast Pipeline (M &NP) on the subject of their forthcoming application to rout the pipeline through the city. A lot of discussion has been taken place recently about Rockwood Park, if the pipeline should go through the park or around it, and if the Horticultural Association (HA) or the Rockwood Park Advisory Board, where half the members are again from the HA, should pre -empt the M &NP application and negotiate with the M &NP or the National Energy Board (NEB) for funds for the park in return for acquiescence in the routing of the line through the park. It seems to me that considerations other than the restoration of HA finances should be made. The line does not begin and end in the park. It runs through a lot of residential areas. Furthermore, the `Nature Path' in the park is actually the pipeline's 30 metres wide Right of Way (ROW) which has on each side another 30 m of a Safety Zone, and which will probably have a road along the ROW to accommodate inspection- and emergency vehicles. I attach a copy of page 64 of the NEB's "Pipeline Regulation in Canada". In my letter to Mr. Bloom I compare the risks of on -shore and off -shore pipelines and come to the conclusion that submarine pipelines have a much better safety record than those being routed through populated areas like the proposed LNG line. I take issue with a City Councillor who aligned himself publicly with the M &NP's proposition of an on- shore pipeline because "he researched the issue and came to the conclusion that a submarine pipeline would disturb the delicate ecosystem of the Bay "(an on -shore line might blow up the neighbourhood, but the Bay is safe) and than will not respond when challenged to defend this ridiculous statement and to show the extent of his research. The purpose of my letter is to invite Common Council to request from Mr. Bloom data and studies showing why the M &NP can not rout the pipeline under the mouth of the Saint John River and by -pass the city, which is a safer solution for the city's residents. Sincerely, U Attached: as noted HORST SAUERTEIG �.14d,i! +c .0 w! .I; 1'k 11 1 1 . u,,..... rout .._. April 26, 2006 To Maritimes & Northeast Pipeline 1801 Hollis Street, Suite 1600 Halifax NS B3J 3N4 Att.: Mr. Douglas Bloom, President Re.: Proposed Brunswick Pipeline Dear Sir, I am a resident of Saint John and have attended your company's Information Session in Millidgeville and also a later one by the National Energy Board. During both sessions it was stressed that the M &NP would apply shortly for a permit to construct and operate a natural gas pipeline from the LNG Terminal in Mispec to the US border and beyond, and that, concerning Saint John, your Co. would present three alternative routes; one through Rockwood Park and one each to the North and the South of the park. In any case the line would run through residential areas of the city. There have in Europe been explosions of gas pipelines resulting in many casualties, and accidents have also occurred in Canada resulting in casualties. Natural gas consists mainly of Methane gas which is also a by- product of the Municipal Solid Waste landfills. Here the tendency of the gas to escape laterally and underground from the waste piles has been recognized, and its undetected seeping into the underground infrastructure and into basements etc. adjacent to the waste piles has been experienced, and appropriate countermeasures such as the installation of monitoring probes are required, in order to prevent explosions. It seems to me that a 30 cm pipeline operating under 1,440 psig pressure in a residential street with asphalt paving to contain the gas needs not a break in the line but only a pinhole for enough gas to escape over a given time to blow up the neighbourhood, and in all probability the pressure drop from a deficiency as small as a pinhole will not even register with your automatic safety shut -off valves to prevent such a catastrophe. There is also the additional inconvenience for property owners along the pipe line route with the 30 m Right of Way (ROW) and the 30 m Safety Zones on each side of the ROW. The Safety Zones cover sections of all private properties along the street and the property owners have to get M &NP's permission to dig a hole to plant a tree, or for any other underground work requiring power machinery. Put yourself into these people's shoes. What do they get for this obvious reduction in their quality of life and the risk to life and limb? There are a lot of people in Saint John who ask the question why the M &NP does not run a submarine pipe across the mouth of the Saint John River instead of going through residential areas. We have had in the city already several accidents with the "Enbridge" pipelines although they have been installed only a short while ago, and they operate under much less pressure than the proposed M &NP pipeline would. I was the General Manager of the Construction Company which, with the assist from McDermott International, did assemble and install the submarine pipeline to the Mispec Monobuoy. This line has operated without accidents ever since. It lays perpendicularly to the prevailing tide movements. I attach the charts of the highest in -and outgoing tides issued by the Canadian Hydrographic Service. They show that the outgoing tide is at its strongest at Mispec, and that also an incoming tide has a current which increases the most along the Mispec shore. On the other hand even the weak currents shown on the charts in the area between Campobello Island and Maces Bay are absent at the mouth of the Saint John River. This means that laying a submarine pipeline at Mispec has been a more difficult an undertaking than it would be to lay one, for example, from Mispec to Saints Rest. Technically, in my opinion, such a submarine pipeline is entirely feasible. Your company has laid and is operating the submarine pipeline from Sable Island to Goldboro in NS, and I know of many submarine pipelines in the Baltic- and the North Seas, and I have not heard of any of them blowing up (or of disturbing a 'delicate ecosystem', as a Saint John City Councillor claims). They are much safer than land -based pipelines. The NEB will eventually make the decision what the "least intrusive "route is for the `Brunswick Pipeline ", but many Saint John residents consider the submarine pipeline route the "least intrusive" one and will say so in the official hearings. I certainly do not want to tell you as the president of M &NP how to proceed, but I would like to suggest, and it seems to be prudent, that you make public prior to or at least include in your application to the NEB, which will also be made public, a very detailed in -depth study why a submarine pipeline by- passing the city is not feasible. Otherwise you might be required to submit such a study after your application has been filed with the NEB and there are demands for this information, and this would delay your project. Sincerely, Original Signed By H. SAUERTEIG (H.Sauerteig) Attached: 2 Charts of Tidal Currents in the Bay of Fundy Cc: The Honourable Trevor Holder, Minister of Envir ent The Common Council of the City of Saint John Mr. Mark Tunney, Editor of the Telegraph- Journal 16 o �aZ H wo ^ J QWO yaNr2 f--7 a �- lillll d � x�N � dill o ° w 11111 � x illll l o A6 z 5111 ll wzU �I !!l 111 PC4 00 IMP Cc i 1 W he Y Y Y Y] C Ul W N •ice �• ��•�•'••1• OOO�NN O0C3OIn O �TTttt oyLLy1�LL�J. y�►�yy111L11 J. l oo1sIVvlSy- �1ry.1. OR ,L llsJ- ll�y�►yy1 z ry N<� .o a KI win= o <Z WU� _J ul �� H WdC ' tW� 11i1 tii o A Z x 1111111 =3< �' 11111 Z M°(' z 11111 V2 TTT1* T o AW 1111 1t z t,- z o e � ttt 111 w <� 1 rt 1111 o _ TTT 1111 W it N TT1111 YYYYYY ��ouOou) 00. -+ANN T TT1T111 °CD"' CD �N CD CD 2 T T't1TTT11 �TTTTt ea Tt • r\���TT1T T xe Wt7N Right of way and 30 m safety zone 1 , I 1 , I t ` . I ` � 1 . 1 ` Right of way I — ~ I I 1 1 1 30 metre (100 foot)_ O� r 30 metre (100 foot) 1 safety zone safety zone I 1 / I What activities are restricted within the 30 m safety zone? Although the cxistcncc of the 30 nt safety -none does not prcccut land devolopmcut within the zone, the NEB Art refltl anv individual who wants to dig rising explosives or power machinery within the 30 pt safety zone to first obtain approval from the pipeline company. 11 the compauc is confident that the work will not interfere with fit(- pipeline mud will not threaten public safety. the company mac give its pci- mission. If the comtauy (hies not giee you permission, you can apph to have the NEB consider your re(Il What activities are restricted within the right of way? The NEB Act prohibits construction and excavation acIivitit•s using utal or explosives uule,s the Board or the pipeline company has provided perntissiou." Construction and excavation activities ;it(- prohibited to ensure voursafet}S the safety of the pipchiw and tlit, protection of the enviroumil Ust l the• easement agreement will include a clause stating that the laudowncr shall not, without prior consent front the company, cxcavau•, drill, install or, erect any pit, wl pipeline, finnulatinn, pavement, building or other sn,octwr, aross, on, along or under the right of way. Section 112111 of the NcB Act states that "No person shall . unless leave is first obtained trom the Board, cons:ruct a fam6ly across, on. along or under a pipeline or excavate using power operated equipment a1 eapiossves within thirty metres of a pipeline." See also the brochure "Living and Work Ong Mew Popehnes" ` Subsection 41b, and &pb of the %atecvrar Energy Board Prpe �•ne Crossing Regulations. Parr r M &C 2006 May 5, 2006 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: Request for Financial Support BACKGROUND: Council received a request for financial support from Jacob Kilpatrick of the Reds Juvenile Boys Volleyball Team. This matter was referred to staff along with a suggestion of creating a policy supporting young athletes financially. ANALYSIS: At one time the City provided grants through the Recreation and Parks Advisory Board. It was a difficult process that had too many boundaries to be consistent and fair. Sports requests in the early part of the year would use up most of the money. There would be difficulty in determining between individual and teams applying for funding and what amount was fair. The location of the event and the status would also be determining factors. Should youth take precedence over adults and what age determined youth? There never seemed to be enough funding to make this program effective. The Canada Games Foundation provides funding for quality athletes and awards grants twice a year. However, this does not usually cover the unexpected winning athlete or teams whose schedules do not match the funding applications. For the above reasons, staff does not recommend awarding funds to athletes. It is felt it would become quite expensive and cumbersome to administer. FINANCIAL: There are no funds available at this time to cover the costs of such requests. RECOMMENDATION: It is recommended that this request be denied. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager M &C 2006 May 5, 2006 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: Request to Change the Centennial School Field to the Jack Kyle Memorial Field BACKGROUND: At the meeting of Common Council held on April 10, 2006 a request was received to have the field located behind Centennial School renamed the Jack Kyle Memorial Field. The matter was referred to staff for a recommendation. ANALYSIS: Staff can support the renaming of the Centennial Field to the Jack Kyle Memorial Field. Jack Kyle was a city fireman who had a long -time volunteer role with the North End Little League. The minor baseball field is only named after the adjacent Centennial School for reference purposes not any significant reason. This is similar to most minor fields next to schools throughout the city. School District 8 will have to be approached since the field lies on both city and school property. See attached property map. The field will be undergoing significant renovations to extend the outfield for greater use. The official naming will be good recognition to the newly renovated field. FINANCIAL: There will be no funding requirements to the renaming of the field. The City is a partner, however, in the renovations of the existing field along with the Province. The City's involvement will be relocating the fence and installing five trees. 2 RECOMMENDATION: It is recommended that the City support the renaming of the Centennial Field to the Jack Kyle Memorial Field with the understanding that permission is also required from School District 8. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager Property Map showing the ownership of Centennial School Field 1 4 i r1 3 May 5, 2006 Your Worship and Councillors: SUBJECT: Planning Advisory Committee Executive 2006 The Planning Advisory Committee Rules of Procedure provide for the election of an executive on a yearly basis. The Committee at its May 2, 2006 meeting elected the following individuals as members of the executive for the year 2006. Chairman Vice - Chairman Third Executive Member RECOMMENDATION: That this report be received and filed. Respectfully submitted, Philip Hovey Chairman Philip Hovey Stephen Horgan Stephen Cronk M & C — 2006 — 109 May 3, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Dates 120 McDonald Street, 1032 McCavour Drive and 2075 Loch Lomond Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the Rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Crombie Develop- 120 McDonald "SC -2" Section 39 To permit an ments Ltd. St. (Loch Amendment additional Lomond Mall) licensed lounge in the mall Hughes Surveys & 1032 "R -1A" "TH" To permit the Consultants Inc. McCavour Dr. lot to be included in a proposed town- house develop- ment for the adjoining lands Sean Luck, Judiane 2075 Loch "RS -1" & `B -2" & To expand the Luck & Eire Holdings Lomond Rd. `B -2" Section 39 `B -2" area and Ltd. Amendment allow additional commercial uses Report to Common Council May 3, 2006 RECOMMENDATION: Page 2 That Common Council schedule the Public Hearings for the rezoning and Section 39 applications of Crombie Developments Ltd. (120 McDonald Street), Hughes Surveys & Consultants Inc., (1032 McCavour Drive), and Sean Luck, Judiane Luck and Eire Holdings Ltd. (2075 Loch Lomond Road) for Monday, June 5, 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 M &C — 2006 -117 May 8, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Partners for Climate Change At the meeting of April 10th, Council approved joining the Partners for Climate Change program sponsored by the Federation of Canadian Municipalities. The next step in that process is to formally submit the resolution (attached) and to name the corporate staff person and the elected official to be the program contacts. RECOMMENDATION: That Common Council submit the formal resolution and name Craig Campbell as the staff contact and Councillor Ivan Court, who has Council's environment portfolio, as the elected official contact. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development CLC A* I C L E I F4Pt vi-llIIIvnts. for su!italn.i I.1 I lity WHEREAS the International Panel on Climate Change (IPCC) has observed that global average surface temperature has increased over the 20th Century by about 0.6 degrees Celsius, that snow cover and ice extent have decreased, that global average sea level has risen and ocean heat content has increased; WHEREAS the IPCC concludes in its 2001 Third Scientific Assessment that "there is new and stronger evidence that most of the warming observed over the last 50 years is attributable to human activities "C; WHEREAS the IPCC projects that global average temperature will increase between 1.4 to 5.8 degrees Celsius by 2100 if current trends in greenhouse gas (GHG) emissions continue; WHEREAS federal and provincial costs related to extreme weather events in Canada increased from $500 million in 1980 -1984 to $5.3 billion in 1995 — 1999, exclusive of municipal costs not yet measured on a national basis; WHEREAS greenhouse gases (carbon dioxide, methane, nitrous oxide), released from burning coal, oil and natural gas and from cutting trees and clearing land for agriculture and development, are the primary cause of climate change; WHEREAS the Government of Canada ratified the Kyoto Protocol in December 2002, committing Canada to reducing GHG emissions by six per cent below 1990 levels by 2012; WHEREAS the Federation of Canadian Municipalities (FCM) and ICLEI — Local Governments for Sustainability have established Partners for Climate Protection (PCP) to provide a forum for municipal governments to share their knowledge and experience with other municipal governments on how to reduce GHG emissions; WHEREAS over 120 municipal governments across Canada representing more than 60 per cent of the population have already committed to reducing corporate and community GHG emissions through PCP; WHEREAS PCP participants commit to working towards reducing GHG emissions in municipal operations by a suggested target of 20 per cent below 1994 levels, and a suggested target of six per cent reductions below 1994 levels throughout the community within ten years of joining the PCP initiative; WHEREAS PCP is based on a five - milestone framework that includes completing GHG and energy use inventories and forecasts for community and corporate sectors, setting a GHG reduction target, developing and implementing a local action plan and monitoring the plan; and WHEREAS municipal investments in building retrofits, community energy systems, water conservation, renewable energy technologies, waste reduction, landfill gas capture, fleet management and public transit reduce operating costs, help maintain community services, protect public health and contribute to sustainable community development while cutting GHG emissions contributing to climate change; BE IT RESOLVED that the communicate to FCM its support for PCP and its interest in participating in PCP; BE IT FURTHER RESOLVED that the municipality of a) Corporate staff person b) Elected official appoint the following: to oversee implementation of the PCP Milestones and be the points of contact for PCP within the municipality; and BE IT FURTHER RESOLVED that the municipality of create a joint Council -staff committee to facilitate the implementation of PCP Milestones and to build commitment within the municipal corporation and the community. Signed Dated Next Steps.... a) Consider applying to FCM's Green Municipal Enabling Fund (GMEF) to secure a 50% grant towards the completion of milestones 1 -3. b) Contact a PCP program officer to discuss how you can get started and be networked with communities who are already involved. Call (613) 241 -5221 or e -mail pcp(@,fcm.ca c) Visit the Sustainable Communities Knowledge Network http: / /kn.fcm.ca where you can find out more details on PCP and sustainability. d) Identify existing municipal staff and fiscal resources that can be used to support the work. e) Identify potential community or business partnerships that can be used to support the work. OPEN SESSION M & C 2006 — 120 May 4, 2006 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Minimum Property Standards Program Update BACKGROUND During the 2005 budget deliberations, Common Council responded to community needs to improve the condition of substandard housing by increasing the funding to the Buildings and Inspection Services department for enforcement of the Minimum Property Standards By -law. Council also instructed staff to take whatever steps necessary to expedite the enforcement process. This report will briefly update Council on the expedited process, the enforcement actions taken since April 2005, and the associated expenditures. UPDATE The Minimum Property Standards enforcement process was improved last year with the increased funding from Council by streamlining the enforcement process, hiring an additional inspector to enforce the Minimum Property Standards by -law, and hiring a paralegal on an as- required basis. The enforcement process was streamlined so that substandard buildings could be dealt with more expeditiously than in the past. Historically, the process could literally take years from the time a building was first inspected to it being brought up to standard. A number of steps were streamlined so that the number of notices has been decreased before an Order is issued. Legal preparation time has been decreased with the hiring of the paralegal, who carries out the title searches and prepares all the Orders. The additional inspector allows for more properties to be M & C 2006 —120 - 2 - May 4, 2006 inspected and provides for quicker follow -up of active cases. This combination significantly decreased the length of time of the enforcement process and increased the number of actions taken by the City. Since April 2005, when the streamlined program was put into place, there has been an average of 57 minimum property standards inspections carried out every month, in comparison to an average of 12 inspections per month in previous years. These inspections resulted in 60 Orders to Comply to Standards being issued and 10 charges being laid in the past year. Before the program was put into place, no more than 10 Orders and six charges were issued in an average year. Approximately 80 percent of the cases in the past year in which an order was issued are now in compliance or are in the process of being brought up to standard. Council has allocated $100,000 in the operating budget for the Minimum Property Standards enforcement program. Since April 2005, $80,000 has been expended for the program. The breakdown is as follows: Additional inspector costs (incl. wages, vehicle, misc.) $64,559 Paralegal costs (incl. wages, title searches) $ 9,124 Notification expenses (incl. registered mail, document service) $ 5,283 Miscellaneous Administration costs $ 1,047 Total Expenses A r.1 /05— Mar.31 /06 $80,013 With the drafting of regulations relating to Bill 34, an Amendment to the Municipalities Act, it is anticipated that the process for dealing with substandard housing will be much improved. Staff will continue to update Council on this process and recommend policies and procedures to deal with these significant changes to the Act. It is further anticipated that Council will be requested to appoint and designate certain individuals in order to allow the provisions in the new Act to be enforced. Additionally, some changes will be necessary to City of Saint John's Minimum Property Standards By -law to ensure that the by -law is aligned with the new provisions of the Act. M & C 2006 —120 - 3 - May 4, 2006 RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully Submitted, Wm. Edwards, P.Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager OPEN SESSION M &C2006 -121 May 4, 2006 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Mobile Signs BACKGROUND The subject of mobile signs has been again raised at Council meetings. Over the years there has been much discussion with respect to enforcement of the Zoning By -law as it relates to mobile signs; and also with respect to the appropriateness of even permitting these signs in certain areas of the City. Concerns with respect to unsightliness, distraction to motorists, and visual obstruction have been the most prevalent concerns. Appended to this report is a copy of a report which went to Council in 1998 and as well a copy of a report prepared by the Planning Advisory Committee and submitted to Council in 2004. At that time Council simply received and filed the recommendation from the Planning Advisory Committee. Resulting from concerns expressed by the PAC and Common Council in 2004, the owners of the mobile signs reacted. There were a number of meetings held between the owners of the signs and City staff and as a result a commitment was made by the owners to self - regulate and adhere to the Zoning requirements. For a while this appeared to work out. Council will note from the attached memorandum from the Deputy Building Inspector that in 2004, 60 permits were issued for signs. Since that time there have been very few permits issued. Council should be aware that once a permit is issued the sign is permitted without any sunset date. Permits are not required on an annual basis. M & C 2006 —121 - 2 - May 4, 2006 Notwithstanding the regulatory framework which is currently in place, i.e. the city Zoning By -law, it is a difficult and time consuming process to enforce the provisions. The frontage of a property must be considered, the zoning of that parcel, and the property boundaries as it relates to the street right -of -way. This is information that is not readily available, particularly property lines. The City has an informal policy of requiring mobile signs to be removed when they obstruct the view of the traveling public, obstruct pedestrians on the sidewalk, or contain offensive messages. Apart from those circumstances mobile signs are allowed to remain on properties. Should Council be of the opinion that the regulations and/or enforcement policies be altered, then it would be appropriate for Council to give clear direction to staff as to its expectations. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Vii• -`�-� Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager Attachments REPORT TO COMMON COUNCIL OPEN SESSION M & C - 98 -60 March 4, 1998 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Mobile Signs BACKGROUND: 0113 In July 1993, Common Council amended the Zoning By -law with respect to the standards for mobile signs. It was the intent that the amendments would reduce the number of variance applications to the Planning Advisory Committee and to provide for more consistent standards for mobile signs. The new standards included: the permitted size of a mobile sign, the number of mobile signs permitted on each property and setback requirements from property boundaries. City of Saint John The provisions of the Building and Zoning By -law's relating to mobile signs have been difficult to administer and enforce for the past number of years. Enforcement has been on a complaint basis only. The proliferation of mobile signs in the City has increased public awareness and concern regarding the appropriateness and safety of these signs. Common Council, at its meeting of October 14, 1997 considered a letter from the Planning Advisory Committee recommending that mobile signs be prohibited. Council referred this item to the City Manager for a report on the implication of pursuing such an amendment to the Zoning By -law. Report to Common Council March 4, 1998 ANALYSIS: For Council's information, staff estimate there are approximately 300 mobile signs presently in the City. The majority of these signs are supplied by four companies with the remainder being privately owned by specific businesses. By -law Enforcement conducted a sample survey of these mobile signs. Of the 107 signs inspected, it was found that only 13 had valid permits. Of the 13 permitted signs, only two were placed in the correct location on the property. Of the 94 signs which do not have a permit, 75 are not properly located to meet the minimum setback required by the Zoning By -law. Currently, the Building By -law authorizes the issuance of a one time permit for the placement of a mobile sign on a property for a one time fee of $100.00, subject to meeting certain criteria. There are three options available to Council with respect to proceeding with a plan for the administration and enforcement of mobile signs. They are: Do not in . This would result in the continuation of the problem proliferation of mobile signs and inherent associated concerns. Prohibit mobile sins. This option will likely hurt the companies that build and supply the signs. It would also eliminate what many businesses consider to be an effective, cost effective method of advertising. This could have an adverse effect on several businesses in the community. Page 2 Amend the Building and /or Zoning By-law. Further amendments to the Building and/or Zoning By -law's would enable the City to place controls that can be more effectively enforced and at the same time, be agreeable to all parties involved. A meeting was held between the sign suppliers and City staff on November 14, 1997. All of the major mobile sign companies were invited to attend this meeting, however, only representatives from Meteor Signs and Magnetic Signs attended the meeting. The meeting was informative for both groups and consensus was reached on a number of items. It was agreed that the present system is not satisfactory but the City does have a significant role to play. It was suggested that if changes were to be made to the regulations governing the placement of mobile signs, it is imperative that a level playing field exist. The following issues were considered. Report to Common Council March 4, 1998 Cost of Permit The representatives suggested a building permit fee system that reflects the requested duration for the mobile sign to be located on a property. Currently, a building permit fee to place a mobile sign on a property costs $100. The mobile sign companies feel that a permit to place a sign for one week or one month should cost less than a permit for a sign to remain for one year. This would make it more economical for the customers for these signs and would help to reduce the number of signs which are placed without a permit. Staff will be exploring possible amendments to the Building By -law to address this issue. Enforcement The sign companies also agree with City staff that more "teeth" is needed to enforce the regulations for mobile signs. Under the present system, where mobile signs have been improperly placed on a lot or they have not obtained a building permit, letters are sent to the property owners stating they are in violation of the Building and Zoning By -laws. This enforcement process is both long and requires a significant amount of time and funds from Building and Technical Services. The Building Inspector will be exploring options to seek increased compliance of the By -laws. Who is Resnonsible for Obtaining a Permit It was also discussed as to who should be responsible for obtaining a building permit for a mobile sign. There are three possibilities: the property owner or manager of a property; the store owner or business manager; the owner of the sign. The difficulty of issuing the permit to the property owner is that in many cases the owners of larger commercial properties reside out of the Province and they may not be aware of the circumstances for obtaining a permit. Making a store owner or business manager responsible for obtaining a permit would create a large administrative problem dealing with a large number of people for enforcement issues. Additionally, it could cause problems for two or more tenants on one property as to who is allowed to have a permit for a mobile sign. The knowledge of the standards and the permit system for mobile signs would be limited for most retail operators. i Report to Common Council March 4, 1998 There are distinct advantages to issuing permits to the sign companies. The sign company owners have indicated they would welcome changes to the City's policy that would require the sign owners to purchase the permits in all cases. This option would have a significant advantage as this would mean the City would deal with only a few customers, therefore reducing administrative issues and costs to the City. Staff will be reviewing options as to who should be responsible for obtaining a permit. Zoning By -law Standards The Zoning By -law standards for minimum separations from street intersections, driveways entrances and property boundaries were amended in 1993. At that time staff had discussed the amendments with members of the mobile sign companies. The representatives were in agreement with the proposed changes. The sign companies are still supportive of the standard but indicated that it is difficult to determine where the property boundaries are so that the signs can be properly placed to meet the By -law standards. Staff are reviewing alternatives that would enable the sign companies to place the signs defined distances from more obvious points such as edge of street, curb line or edge of sidewalks. This would also facilitate enforcement. There was some discussion regarding the By -law standard for size of a mobile sign. Currently a mobile sign may have a maximum advertising area of 10 square metres (108 square feet). There are presently a few of these signs that exceed this standard. Larger signs would only further reduce the visibility of motorists accessing to /from properties and further detract from the appearance of developments. There was a consensus that the present standard is appropriate. CONCLUSION: The meeting with representatives of two of the mobile sign companies was insightful to both groups. In the near future, a further report will be submitted to Council recommending specific changes to the Building and Zoning By -laws that staff consider appropriate for mobile signs. A combination of changes to fee structures, applicant requirements and amended standards would assist in the enforcement process. Page 4 Report to Common Council March 4, 1998 RECOMMENDATION: That this report be received and filed. Respectfully submitted, R. Baird, MCIP Manager, Community Planning 4 MacKinnon, P.Eng. Commissioner Environment & Development Services CL /cl VO William Edwards Manager, Building and Technical Services Terrence Totten, C.A. City Manager Page 5 Planning and Development P.O. Box /C.P. 1971 ' urbanisme et ddveloppement Saint John, NB /N. -B. Canada E2L 4L1 o, e� www.saintjohn.ca G, DATE: SEPTEMBER 179 2004 The city of Saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF SEPTEMBER 21, 04 Gt; Ji . Baird, MCIP anning & Development SUBJECT: Mobile Signs The attached report provides a history of mobile signs and the regulatory framework which has resulted in the proliferation of mobile signs. This report was received by the Committee on July 27, 2004 and by Common Council on August 3, 2004. It was agreed that input from the public and business community would be solicited prior to making a recommendation to the Council. Staff has met with representatives of the two largest sign companies which have the vast majority of mobile signs in the City. They will be making a presentation to the Committee. Two notices have been placed in the City Information portion of the newspaper. It was also noted that both the Municipal Operations and Engineering Department as well as the Building and Technical Services Department would support an outright ban on mobile signs similar to that enforced in the City of Fredericton. Issues: The use of mobile signs in Saint John has become a problem in a number of ways. The following is a more detailed enumeration of these issues. Mobile Signs Off Site Advertizing: Page 2 September 17, 2004 This was best characterized by the numerous signs located on a vacant lot at the corner of Rothesay Avenue and McAllister Drive; Railway right of ways; Department of Highway right of ways; and other locations in the City. In many cases the locations are utilized without the owners permission. All of these signs are illegal. Since this became a public issue in August many of these signs have been removed. Recommendation: Mobile signs used to advertize off site businesses continue to be illegal and that steps be taken to confiscate such signs if found. Signs Located On The Street Right Of Way: This differs from the first issue in that these signs would be immediately adjacent to the business but clearly within the public right of way. Mobile signs located within the public street right of way are a traffic and public safety concerns. Recommendation: Mobile signs located within the public street right of way continue to be prohibited and steps be taken to confiscate signs found in the public street right of way. Number Of Signs Per Business /Lot: This is an issue of proliferation. The By -law presently permits one mobile sign on each street frontage or up to two mobile signs if the lot has a frontage of 75 metres or more, This standard is routinely ignored. In shopping centre areas (where each business is not on a separate lot) the proliferation of signs is particularly noticeable. Recommendation: That the Zoning By -law be amended to permit permanent freestanding signs which are presently permitted to also have an increased area for changeable copy signage and that mobile signs be specifically prohibited. CONCLUSION: The mobile sign companies are intending to make a presentation to the Committee. After hearing their presentations the Committee needs to indicate what action it would be recommending that Council take. Any change (other than the status quo) will require an amendment to the Zoning By -law. This will require a formal advertized Public Hearing by Common Council if changes are to be implemented. Planning and Development urbanisme et d6veloppement www.saintjohn.ca DATE: JULY 23, 2004 P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 27, 2004 SUBJECT: Mobile Signs INTRODUCTION: r� Randall . Pollock, r.. ,.r �h -'JIB At its meeting of June 1, 2004, the Committee requested that staff "provide the Committee with written background material on the signage regulations from the Zoning By -law with particular emphasis on mobile signs." This request has arisen out of an increasing concern on the part of the Committee about the proliferation of mobile signs throughout the City. In addition to aesthetic concerns about these signs, the Committee has expressed concerns about violations of Zoning By -law requirements, including setbacks and number of mobile signs on a property, placement of mobile signs in the street right -of -way, failure to acquire permits, and the lack of resources to enforce existing regulations. EXISTING REGULATORY FRAMEWORK: The existing regulations with respect to mobile signs were adopted in 1993 after a lengthy consultation process with the business community and the sign industry. Prior to that time, the Zoning By -law did not address the matter of mobile signs. As a result, they fell within the definition of a "freestanding sign ". In the `B" Business zones, if a property already had its maximum of one pylon sign, there was no opportunity for temporary advertising unless the main sign had a section for changeable messages. It should be noted that, at that time, the City was Mobile Signs Page 2 July 23, 2004 only dealing only with the `old- style" mobile signs. The larger mobile signs with black background and fluorescent lettering had not yet arrived in the City. In order to respond to a perceived need by the business community, the Zoning By -law was amended by adding a definition of mobile sign] and prescribing the following regulations: • Permitted in all Business, Institutional, Industrial, Rural and Park zones, except for the "AE" Adult Entertainment, `BP" Business Park and those portions of the Business zones that are within the Trinity Royal Preservation Area. • Limited to one mobile sign per street frontage, except where the frontage exceeds 75 metres (246 feet) where a maximum of two mobile signs per street frontage are permitted. o. Minimum sign setback from the front property line of the lesser of 3 metres (9.8 feet) or the required front yard for the zone. • Minimum sign setback from the side property lines of 1.5 metres (4.9 feet). • Maximum sign face area of 10 square metres (107.6 square feet) (total of all sides). • Not to be located within the triangular area formed by intersecting street lines and a line joining points on each street line, 3.0,metres (9.8 feet) from the intersection. • Not to be located closer than 3.0 metres (9.8 feet) from the edge of a driveway that provides access to the lot. In all cases, a one -time building permit is required in order to have a mobile sign on a property, at which time the Development Officer would review the submitted site plan to confirm compliance with the above standards. If in compliance with the standards, a permit would be issued for the mobile sign. In recommending these regulations, it was concluded that they would address the need of the business community to effectively advertise their products and services to the general public and still ensure that signage continues to be properly regulated through the By -law. It was also anticipated that the regulations would reduce the time and cost to City staff and the public. ISSUES: The adoption of the present regulations was followed fairly quickly by the arrival of the now widely -used "fluorescent" mobile signs and a concurrent reduction in budgetary resources available for enforcement of the regulations. Rather than working within the balanced regulatory framework that had been reached by consensus of all stakeholders in 1993, there has been an almost total disregard for the standards and permit requirements. As the Committee has noted, this has resulted in an increasing proliferation of mobile signs throughout the City, many of The definition reads "mobile sign" means a structure which is located on the ground but not permanently mounted on a foundation, which is capable of being easily relocated which contains or holds a sign and, which may have one or more faces. Mobile Signs July 23, 2004 9t which would not be eligible for a permit even if an application had been submitted. For example, Building and Inspection Services has advised that on June 21, 2004 there were 29 mobile signs located along the northwest side of Rothesay Avenue between Frederick Street and the Rothesay Avenue/Highway 1 interchange. The department has record of only eight mobile sign permits having been issued for that section of Rothesay Avenue since 1993. Staff and the Committee have recently noticed a new trend of certain businesses using mobile signs as mini - billboards in locations far removed from their place of business. For example, for the last few months there have been mobile signs in the Millidge Avenue street right -of -way near Boar's Head Road advertising a car sales lot and a day care centre that are located in other parts of the City. This particular car sales lot, which is located in the western part of the City, also has a mobile sign on a property near the intersection of Somerset Street and Churchill Boulevard, presumably with the property- owner's permission. In the past there have often been several mobile signs either within the street right -of -way or on the adjacent vacant property at the intersection of McAllister Drive and Rothesay Avenue, advertising a number of businesses and services located throughout the City. INPUT FROM OTHER DEPARTMENTS: Building and Inspection Services advises that the issue of mobile signs got out of hand some time ago, probably in the mid 1990s. The task of identifying and pursuing the owners for permits and other By -law issues simply became too resource intensive. The following items are identified as being problematic in enforcement of the mobile sign regulations of the Zoning By- law: • The By -law allows mobile signs based on zone and on street frontage. Difficulties arose in trying to determine whether a sign was permitted or not, requiring sometimes extensive file searches. • In some instances where a changeable content freestanding (permanent) sign was approved by the Planning Advisory Committee, the ability to have a mobile sign may have been eliminated in exchange, even thought the zone may have permitted a mobile sign. • Problems arose with large street frontage properties where there were more tenants wishing to have signs than there was frontage. Variances may have been approved by the Planning Advisory Committee allowing mobile signs on individual properties where mobile signs would not normally be expected. • Co- operation from the sign companies is non - existent. • The "here today, gone tomorrow" nature of the mobile sign industry has made enforcement difficult. Mobile Signs July 23, 2004 A search of the department's BIS database, using the Application type for signs, reveals that there were 63 mobile sign permits issued between April 1993 and August 2000. In the same time frame there were less than 400 sign permits in total and one could estimate that placements of mobile signs, either on a temporary or semi - permanent basis, were in the thousands. It is the opinion of Building and Inspection Services that mobile signs should be banned permanently and in exchange the other sign regulations should be changed to allow more "changeable copy" sections on permanent freestanding signs. Municipal Operations and Engineering advises that it has concerns with mobile signs when they are placed close to roadways. When placed close to the road they are a distraction to drivers because of the large amount of information they often contain. Whether they are in the right -of- way or simply at the property line, they can obstruct sight lines at intersections. Enforcement of existing regulations is lacking for a number of reasons. An outright ban would be easier to enforce. The appearance of these signs is poor. These signs are not and should not ever be permitted within the street right -of -way. Municipal Operations and Engineering would not object to an outright ban. EXPERIENCE IN OTHER CITIES: Officials from the cities of Fredericton and Moncton were consulted for information concerning regulation of mobile signs in their jurisdictions. Moncton's regulations are similar in many respects to those of Saint John, except that they also have a separate sign by -law (under the Municipalities Act) that requires the property- owners to agree when they get a permit that the City is allowed to confiscate the sign if it is in violation of the standards. The regulations also require an application for a sign permit to be made annually (rather than a one -time application as required in Saint John). Moncton has experienced many of the same issues as Saint John. The City of Fredericton has prohibited all mobile signs since 1995. Officials indicate that there has been some resistance or unhappiness about the ban, but most people have come to accept it as an element that makes Fredericton a desirable place. It should be noted that Fredericton also does not permit third -party advertising (i.e. billboards) either. CONCLUSION: In 1993 an attempt was made to strike a balance between the needs of local businesses to advertise their products and services and the desire of the general community to place controls on an over - proliferation of signage and the resulting aesthetic and traffic safety concerns. In the subsequent decade there has been little co- operation from businesses and sign companies, as well as reduced resources for enforcement of the regulations, resulting in the situation that we have Mobile Signs July 23, 2004 today. In addition, it has been suggested that some businesses would prefer not to have these mobile signs, but they have to compete with others. The City's options are to make no changes (thus permitting the existing situation to continue and probably worsen), allocate more resources to enforcement of the existing regulations, or amend the regulations so that, similar to Fredericton, mobile signs are prohibited within the City of Saint John. There are a variety of factors to be considered prior to finalizing any change to the present By -law standard. One of the most significant is the need to treat everyone fairly, including both businesses and citizens. An amendment that prohibits mobile signs, while allowing additional area for changeable copy signage as part of a permanent freestanding sign would be the fairest approach. RGP /r Planning and Development P.O. Box /C.P. 1971 ' Urbanisme et d6veloppement Saint John, NB /N. -B. Canada E2L 4L1 m car ;.aK= www,saintjohn.ca DATE: SEPTEMBER 172 2004 The City of Saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF SEPTEMBER 21, 04 LW Ji . Baird, MCIP anning & Development SUBJECT: Mobile Signs The attached report provides a history of mobile signs and the regulatory framework which has resulted in the proliferation of mobile signs. This report was received by the Committee on July 27, 2004 and by Common Council on August 3, 2004. It was agreed that input from the public and business community would be solicited prior to making a recommendation to the Council. Staff has met with representatives of the two largest sign companies which have the vast majority of mobile signs in the City. They will be making a presentation to the Committee. Two notices have been placed in the City Information portion of the newspaper. It was also noted that both the Municipal Operations and Engineering Department as well as the Building and Technical Services Department would support an outright ban on mobile signs similar to that enforced in the City of Fredericton. Issues: The use of mobile signs in Saint John has become a problem in a number of ways. The following is a more detailed enumeration of these issues. Mobile Signs Page 2 September 17, 2004 Off Site Advertizing: This was best characterized by the numerous signs located on a vacant lot at the corner of Rothesay Avenue and McAllister Drive; Railway right of ways; Department of Highway right of ways; and other locations in the City. In many cases the locations are utilized without the owners permission. All of these signs are illegal. Since this became a public issue in August many of these signs have been removed. Recommendation: Mobile signs used to advertize off site businesses continue to be illegal and that steps be taken to confiscate such signs if found. Signs Located On The Street Right Of Way: This differs from the first issue in that these signs would be immediately adjacent to the business but clearly within the public right of way. Mobile signs located within the public street right of way are a traffic and public safety concerns. Recommendation: Mobile signs located within the public street right of way continue to be prohibited and steps be taken to confiscate signs found in the public street right of way. Number Of Signs Per Business /Lot: This is an issue of proliferation. The By -law presently permits one mobile sign on each street frontage or up to two mobile signs if the lot has a frontage of 75 metres or more. This standard is routinely ignored. In shopping centre areas (where each business is not on a separate lot) the proliferation of signs is particularly noticeable. Recommendation: That the Zoning By -law be amended to permit permanent freestanding signs which are presently permitted to also have an increased area for changeable copy signage and that mobile signs be specifically prohibited. CONCLUSION: The mobile sign companies are intending to make a presentation to the Committee. After hearing their presentations the Committee needs to indicate what action it would be recommending that Council take. Any change (other than the status quo) will require an amendment to the Zoning By -law, This will require a formal advertized Public Hearing by Common Council if changes are to be implemented. Planning and Development Urbanisme et d@veloppement www.saintjohn.ca DATE: JULY 23, 2004 P.O. Box /C.P. 1971 Saint John, NB/N.-B. Canada E21, 4L1 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 27, 2004 1 ���ill.� /d� VIA I l,� Randall .. Planner T: Mobile Signs INTRODUCTION: I Wa `IEtc J At its meeting of June 1, 2004, the Committee requested that staff "provide the Committee with written background material on the signage regulations from the Zoning By -law with particular emphasis on mobile signs." This request has arisen out of an increasing concern on the part of the Committee about the proliferation of mobile signs throughout the City. In addition to aesthetic concerns about these signs, the Committee has expressed concerns about violations of Zoning By -law requirements, including setbacks and number of mobile signs on a property, placement of mobile signs in the street right -of -way, failure to acquire permits, and the lack of resources to enforce existing regulations. EXISTING REGULATORY FRAMEWORK: The existing regulations with respect to mobile signs were adopted in 1993 after a lengthy consultation process with the business community and the sign industry. Prior to that time, the Zoning By -law did not address the matter of mobile signs. As a result, they fell within the definition of a "freestanding sign ". In the "B" Business zones, if a property already had its maximum of one pylon sign, there was no opportunity for temporary advertising unless the main sign had a section for changeable messages. It should be noted that, at that time, the City was Mobile Signs July 235 2004 only dealing only with the "old - style" mobile signs. The larger mobile signs with black background and fluorescent lettering had not yet arrived in the City. IMj In order to respond to a perceived need by the business community, the Zoning By -law was amended by adding a definition of mobile sign and prescribing the following regulations: • Permitted in all Business, Institutional, Industrial, Rural and Park zones, except for the "AE" Adult Entertainment, "BP" Business Park and those portions of the Business zones that are within the Trinity Royal Preservation Area. • Limited to one mobile sign per street frontage, except where the frontage exceeds 75 metres (246 feet) where a maximum of two mobile signs per street frontage are permitted. • Minimum sign setback from the front property line of the lesser of 3 metres (9.8 feet) or the required front yard for the zone. • Minimum sign setback from the side property lines of 1.5 metres (4.9 feet). • Maximum sign face area of 10 square metres (107.6 square feet) (total of all sides). • Not to be located within the triangular area formed by intersecting street lines and a line joining points on each street line, 3.0,metres (9.8 feet) from the intersection. • Not to be located closer than 3.0 metres (9.8 feet) from the edge of a driveway that provides access to the lot. In all cases, a one -time building permit is required in order to have a mobile sign on a property, at which time the Development Officer would review the submitted site plan to confirm compliance with the above standards. If in compliance with the standards, a permit would be issued for the mobile sign. In recommending these regulations, it was concluded that they would address the need of the business community to effectively advertise their products and services to the general public and still ensure that signage continues to be properly regulated through the By -law. It was also anticipated that the regulations would reduce the time and cost to City staff and the public. ISSUES: The adoption of the present regulations was followed fairly quickly by the arrival of the now widely -used "fluorescent" mobile signs and a concurrent reduction in budgetary resources available for enforcement of the regulations. Rather than working within the balanced regulatory framework that had been reached by consensus of all stakeholders in 1993, there has been an almost total disregard for the standards and permit requirements. As the Committee has noted, this has resulted in an increasing proliferation of mobile signs throughout the City, many of The definition reads "mobile sign" means a structure which is located on the ground but not permanently mounted on a foundation, which is capable of being easily relocated which contains or holds a sign and, which may have one or more faces. Mobile Signs Julv 23. 2004 MI which would not be eligible for a permit even if an application had been submitted. For example, Building and Inspection Services has advised that on June 21, 2004 there were 29 mobile signs located along the northwest side of Rothesay Avenue between Frederick Street and the Rothesay Avenue/Highway 1 interchange. The department has record of only eight mobile sign permits having been issued for that section of Rothesay Avenue since 1993. Staff and the Committee have recently noticed a new trend of certain. businesses using mobile signs as mini - billboards in locations far removed from their place of business. For example, for the last few months there have been mobile signs in the Millidge Avenue street right -of -way near Boar's Head Road advertising a car sales lot and a day care centre that are located in other parts of the City. This particular car sales lot, which is located in the western part of the City, also has a mobile sign on a property near the intersection of Somerset Street and Churchill Boulevard, presumably with the property- owner's permission. In the past there have often been several mobile signs either within the street right -of -way or on the adjacent vacant property at the intersection of McAllister Drive and Rothesay Avenue, advertising a number of businesses and services located throughout the City. INPUT FROM OTHER DEPARTMENTS: Building and Inspection Services advises that the issue of mobile signs got out of hand some time ago, probably in the mid 1990s. The task of identifying and pursuing the owners for permits and other By -law issues simply became too resource intensive. The following items are identified as being problematic in enforcement of the mobile sign regulations of the Zoning By- law: • The By -law allows mobile signs based on zone and on street frontage. Difficulties arose in trying to determine whether a sign was permitted or not, requiring sometimes extensive file searches. In some instances where a changeable content freestanding (permanent) sign was approved by the Planning Advisory Committee, the ability to have a mobile sign may have been eliminated in exchange, even thought the zone may have permitted a mobile sign, • Problems arose with large street frontage properties where there were more tenants wishing to have signs than there was frontage. Variances may have been approved by the Planning Advisory Committee allowing mobile signs on individual properties where mobile signs would not normally be expected. • Co- operation from the sign companies is non - existent. • The "here today, gone tomorrow" nature of the mobile sign industry has made enforcement difficult. r, Mobile Signs July 23, 2004 im A search of the department's BIS database, using the Application type for signs, reveals that there were 63 mobile sign permits issued between April 1993 and August 2000. In the same time frame there were less than 400 sign permits in total and one could estimate that placements of mobile signs, either on a temporary or semi - permanent basis, were in the thousands. It is the opinion of Building and Inspection Services that mobile signs should be banned permanently and in exchange the other sign regulations should be changed to allow more "changeable copy" sections on permanent freestanding signs. Municipal Operations and Engineering advises that it has concerns with mobile signs when they are placed close to roadways. When placed close to the road they are a distraction to drivers because of the large amount of information they often contain. Whether they are in the right -of- way or simply at the property line, they can obstruct sight lines at intersections. Enforcement of existing regulations is lacking for a number of reasons. An outright ban would be easier to enforce. The appearance of these signs is poor. These signs are not and should not ever be permitted within the street right -of -way. Municipal Operations and Engineering would not object to an outright ban. EXPERIENCE IN OTHER CITIES: Officials from the cities of Fredericton and Moncton were consulted for information concerning regulation of mobile signs in their jurisdictions. Moncton's regulations are similar in many respects to those of Saint John, except that they also have a separate sign by -law (under the Municipalities Act) that requires the property- owners to agree when they get a permit that the City is allowed to confiscate the sign if it is in violation of the standards. The regulations also require an application for a sign permit to be made annually (rather than a one -time application as required in Saint John). Moncton has experienced many of the same issues as Saint John. The City of Fredericton has prohibited all mobile signs since 1995. Officials indicate that there has been some resistance or unhappiness about the ban, but most people have come to accept it as an element that makes Fredericton a desirable place. It should be noted that Fredericton also does not permit third -party advertising (i.e. billboards) either. CONCLUSION: In 1993 an attempt was made to strike a balance between the needs of local businesses to advertise their products and services and the desire of the general community to place controls on an over - proliferation of signage and the resulting aesthetic and traffic safety concerns. In the subsequent decade there has been little co- operation from businesses and sign companies, as well as reduced resources for enforcement of the regulations, resulting in the situation that we have i.. Mobile Signs Tsily ll 9004 today. In addition, it has been suggested that some businesses would prefer not to have these mobile signs, but they have to compete with others. The City's options are to make no changes (thus permitting the existing situation to continue and probably worsen), allocate more resources to enforcement of the existing regulations, or amend the regulations so that, similar to Fredericton, mobile signs are prohibited within the City of Saint John. There are a variety of factors to be considered prior to finalizing any change to the present By -law standard. One of the most significant is the need to treat everyone fairly, including both businesses and citizens. An amendment that prohibits mobile signs, while allowing additional area for changeable copy signage as part of a permanent freestanding sign would be the fairest approach. RGP /r Buildings and Inspection Services P.O. Box/C.P. 1971 Services d'inspection et des b5timents Saint John, NB /N. -B, Canada E2L 4L1 Ago www.saintjohn.ca MEMORANDUM Date: May 4, 2006 To: Bill Edwards From: David Crawford Subject: Mobile Signs You had requested some information regarding Mobile Sign permits. The City or saint John I have retrieved data for Mobile signs from the computer system & have determined that there are 68 permits listed. They are broken down by issue date as follows; 1994 1 issued 1995 1 issued 1996 to 2003 inclusive none issued 2004 60 issued 19 in October 32 in November 9 in December 2005 5 issued 1 in January 2 in February 2 in May 2006 1 issued to date www.saintjohn.ca May 8, 2006 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors P.O. Box/C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 FW .r CL SUBJECT: Proposed Municipal Plan Amendment — 310 Westmorland Road A Public Presentation was made on March 27, 2006 of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan from Low Density Residential to Regional Centre, a parcel of land with an area of approximately 7640 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 00320150 and 55160105 to permit re- zoning of the land from "RS -2" One and Two Family Suburban Residential to "SC" Shopping Centre as requested by Horizon Management Inc. The required advertising has been completed, and attached you will find a copy of the application, public notice of the proposed municipal plan amendment and insertion order. No written objections to the proposed re- zoning have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, June 19, 2006 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, 7 Elizabeth Gormley Assistant Common lerk Attachment r 6582837• Mar -2 -06 2:21PM; Page 4/5 Sent By: CITY SAINT JOHN; o� Application for a Municipal Plan and Zoning By- law.Amendment Demande de modification au plan municipal et a Parretti sur le zonage Applicant Related Information / Renseignemeuts sur le dem�ianndeur 1 r i r !/! Ail Name of Applicant /Nom du demandeur . 2Y� �Y ` Mailing Address of applicant / Addresse postale du demandeur b f4 / /,(� Postal Code/ Code postal Z. Telephone Number / Numdro de tdldphone , _ Work /Travail E' N, Home / Domicile FaxNumherlNumdrodetdl @copieur Name of Property owner (if different) /Nom du propridlaire (si diffdrent) Address! Adresse^ z/ Postal Code / Code postal: — ro rite � Property Information ! Renseiiggnnements sur lap pr Sri /64%4 Location / Emplacement �1� I" ' 5 � Or� �"- ��7 PID! NIP Civic # !Node vmrre Street / Rue 1 /f+ i t � � � S / Street Frontage /Facade sur rue Lot Area / Superficie du lot 0 / Existing Use of Property / Utilisation actuelle de la propridtd � Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des ten-es sur le plan municipal �l!/ Present Zoning / Zonage actuel _- Amendments Requested l Modifications demandees unicipal Plan / Plan municipal Change Land Use Designation to / Modifier la ddsignation de 1'utilisation des tortes ii and /or ! ou Ll Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe Zoping By -law/ Arretd sur le Zonage �j Change Zoning to / Modification du zonage 8 -�`—�- and/or / ou attachment) /Modification due [exte (indiquez les ddtails en annexe) Text Amendment (indicate particulars Oil Sent By: CITY SAINT JOHN; 6582837; Development Proposal / Proposition d'am6nagement Description of Proposal / Description de la proposition / Mar -2 -06 2:21PM; Page 5/5 t .- i Z _ op ' .. ` s i n .- v �fdbr.s dar/(/ b (%U U U u you must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site 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 properry boundary and buildings are shown. Vous devez fournir un plan du site a Pilchelle iAuslranl votre proposition. Vous pouvez egalement Fournir des photographies, des plans de batiment, des dessins de plan d'elevation or toute autre forme de remeignement. Le plan du site doit indiquer !es dimensions de la propriete, pemplacement de to totalite des batiments, des alMes, des sires de stattonnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites tie la propriete el les batiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait Otte utile. Signature of Applicant / Signature du demandeur 7� Datc ❑ S400 Application Fec Enclosed / Ci -joint lea frais de demande de 400 S Ifyoa are not the owner of the land in question Si vous n, &es pas le proprietaire du terrain on question, please have the owner sign below. The signature of veuillez oblenir la signature du proprietaire Bans la partle the owner authorizing this application to proceed is ci- dessous. La signature du proprietaire autorisant le required for consideration by Common Council traitement de la presente demande est require pour que cede derniore soil examinee par le coned communal. Signature of owner (if applicable) signature du propridtaire (s'il y a lieu) _ Date 6 PLANNING AND DEVE�JPMENT / URBANISME E D�VELOPPEMENT � Ra Se r �) �y <5r•/ i� i J/P �r U 40r C0W i Mfile Rwnswirk Square Tel 506 632-8900 Sulk IWo Fax 506632 -8809 B0.F)a 1324 lull Flee 1888699 -//46 Sml lohn,New Brunswick wm11,1l1monpherca L / LIMP Me PATTERSON PA�I�R March 3, 2006 James Baird Commissioner of Planning and Development C1 of Saint John 10 Floor City Hall Saint John NB Dear Mr. Baird: Raymond F. Glennie, Q.C. Direct: (506) 633 -2713 E -mail: rglennie @pattersonpalmer.ca RE: Application to Amend Municipal Plan and Zoning By -Law Horizon Management Limited — PID's 320150 and 55160105 (the "Properties) You have received an application from Horizon Management Ltd. to amend the Municipal Plan and Zoning By -law of the City of Saint John. Not all of the properties that are involved in this application are in the name of Horizon Management Ltd. Horizon Management Ltd. through one of its affiliated companies has entered into an agreement with Mrs. Sophie O'Brien, the owner of the Properties. The agreement states that Mrs. O'Brien authorizes Horizon to make application on behalf of Mrs. O'Brien to the City of Saint John "for the purpose of requesting amendments to the municipal plan (if required) and the zoning by -law so that the Property may be used for the purpose planned..." If you have any questions, please do not hesitate to call. Yours truly, PATTERSON PALMER 'r \ Raymond F. Glennie, Q.C. RFG /mhm NOVA SCOTIA • NEW BRUNSWICK • NEWFOUNDLAND AND LABRADOR • PRINCE EDWARD ISLAND PROPOSED MUNICIPAL PLAN AMENDMENT RF.: 310 WESTMORLAND ROAD 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 redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Regional Centre, the following property: A parcel of land with an area of approximately 7640 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 00320150 and 55160105. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 27, 2006 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RS -2" One and Two Family Suburban Residential to "SC" Shopping Centre. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 26, 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 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 310, CHEMIN WESTMORLAND Avis public est donne, par la pre'sente, que le conseil communal de The City of Saint John a Pinention d'etudier la modification du plan d'amenagement municipal afin de faire passer la designation du lot suivant dans I'annexe 2 -A du plan de zone rdsidentielle de foible densite a zone de centre regional : une parcelle de terrain d'une superficie d'environ 7640 metres carves (1,9 acres), situee au 310, chemin Westmorland, et portant les NID 00320150 et 55160105. Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 27 mars 2006 dans la salle du conseil, an niveau du hall d'entre'e, a I'hotel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales a RS -2 » a zone de centre commercial « SC ». Veuillez faire part au conseil par 6crit de vos objections an projet de modification au plus tard le 26 f6vrier 2006 a I'attention du soussigne. Pour toute demande de renseignements, veuillez communiques avec le bureau du greffier communal on le bureau de 1'urbanisme et du developpement a I'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours feries. J. Patrick Woods, Greffier communal 6582862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 310 WESTMORLAND ROAD 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 redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Regional Centre, the following property: A parcel of land with an area of approximately 7640 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 00320150 and 55160105. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 27, 2006 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit rezoning of the land from "RS -2" One and Two Family Suburban Residential to "SC" Shopping Centre Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 26, 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 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 310, CHEMIN WESTMORLAND Avis public est donne, par in pre'sente, que le conseil communal de The City of Saint John a Pintention d'etudier la modification du plan d'amenagement municipal afin de faire passer la designation du lot suivant dans I'annexe 2 -A du plan de zone residentielle de faible densitd a zone de centre regional: one parcelle de terrain d'une superficie d'environ 7640 metres carres (1,9 acres), situee an 310, chemin Westmorland, et portant les NID 00320150 et 55160105. Une presentation publique du projet de modification aura lieu lots de la reunion ordinaire du conseil communal le lundi 27 mars 2006 dans la salle du conseil, au niveau du hall d'entree, a 1'hotel de ville. RAISON DE LA MODIFICATION: Permettre le rezonage du terrain afin de faire passer la designation s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de centre commercial a SC ». Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 26 fevrier 2006 a I'attention du soussigne. Pour tome demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de 1'urbanisme et du developpement a I'h6tel 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 6582862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 De artment: Common Clerk's Office (Account # 7120 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, March 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 ® Public Notice if applicable): ESub-Headline INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.Y. 105 -_ A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 7640 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 00320150 and 55160105, from Low Density Residential to Regional Centre classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE N° C.P. 105 -_ ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une rdunion du conseil communal, The City of Saint John a ddictd cc qui suit : L'arrR6 relatif au plan municipal de The City of Saint John d6cr6te' le 3 janvier 2006 est modifi6 par: 1 la modification de I'annexe 2 -A, relative an plan d'utilisation future des terres, afin de faire passer la d6signation dune parcelle de terrain d'une superficie d'environ 7640 metres carrels (1,9 acres), situde au 310, chemin Westmorland, et portant les NID 00320150 et 551601059 de zone r6sidentielle de faible densite a zone de centre r6gional; - toutes les modifications sont indiquees sur le plan ci -joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2006, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxidme lecture Third Reading - Troisie'me lecture city Solicitor's Office Bureau de Pavocat municipal www.saintjohn.ca 6,15 May 5, 2006 Common Council of The City of Saint John Your Worship and Councillors: P.O. Box/C.P. 1971 Saint John, NB /N. -B, Canada E2L 4L1 Re: Rescheduling of Street Closing Hearing Bayside Middle School Site The City or Saint John Common Council at its Open Session meeting of April 10, 2006 authorized the commencement of the street closing process for a number of undeveloped streets lying within the Bayside Middle School site. The date set for Council's considering the matter was May 8, 2006. The necessary publication of notice has not occurred and consequently, the hearing must be rescheduled. The following is the text of the appropriate resolution in that regard which I recommend Council adopt: RESOLVED that the Common Council resolution of April 10, 2006 authorizing, inter alia, publication of notice of Council's intention to consider at its meeting of May 8, 2006 the stopping up and closing of the portions of Westmorland Road and Saint Catherine Street lying within the boundaries of PID #322180 and Hays Avenue in its entirety, is hereby amended by deleting the words " ... the 8`" day of May, 2006 " and substituting therefor the words " ... the 19th day of June, 2006 Respectfully Submitted, John .l'ugent City Solicitor N SAINT JOHN The City of Saint John P.O. Box /C.P. 1971 PROCLAMATION Saint John, NB /N. -B. Canada E2L4L7 WHEREAS: The Government and Prime Minister of Canada have designated May www.saintjohn.ca 151h as Peace Officer's Memorial Day, and the week in which May 151h falls as National Police Week; and WHEREAS: the Saint John Police Force will be recognized as providing exemplary leadership and service reflective of the public safety needs of the community to enhance the quality of life; and WHEREAS: the Saint John Police Force has grown to be a modern and scientific law enforcement body, which increasingly provides a vital public service; and WHEREAS: everyday, law enforcement officers render dedicated service to their community, often times exposing themselves to substantial risk of death or great bodily harm; and WHEREAS: as concerns about crime rise, the way Canadians think about policing transformed. Integration of the creative thinking of law enforcement administra tors and academics With a wide body of policy research findings has yielded the concept of community policing. Unlike programs intended to address specific problems faced by law enforcement, community policing calls an all - encompassing change in the way police perform their duties; and WHEREAS: it is important that all citizens know and understand the problems , duties and responsibilities of their police force, recognize their duty to serve the people by safeguarding life and property, by protecting them against deception and the weak against oppression or intimidation. NOW THEREFORE: I, Mayor Norm McFarlane A jo� on behalf of the Citizens of Saint john, do hereby proclaim the week of ay 14" to May 19th 2006, as POLICE WEEK and do further proclaim Monday, May f5 th, 2006 as PEACE OFFICERS' MEMORIAL DAY. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. I.A Explore our past/ Explorez notre pass€ Discover your future DOcouvrez votre avenir Grand Bay - Westfield • Quispamsis • Rothesay • St. Martins • Saint John PROCLAMATION WHEREAS: lupus is an autoimmune disease that causes tissue and organ damage of to any organ in the debilitating body and, in some cases, death; and WHEREAS: more than five million people worldwide suffer the devastating effects of this disease and each year over a hundred thousand women, men and children are newly diagnosed with lupus, the great majority of whom are women of childbearing age and women of color; and WHEREAS: medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are under - funded in comparison with diseases of comparable magnitude and severity; and WHEREAS: many physicians worldwide are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment; and WHEREAS: there is a deep, unmet need worldwide to educate and support individuals and families affected by lupus; and WHEREAS: there is an urgent need to increase awareness in communities worldwide of the debilitating impact of lupus; NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John proclaim May 10, 2006 as World Lupus Day and join with lupus organizations around the globe in calling for increases in public and private sector funding for medical research on lupus, targeted education programs for health professionals, patients and the public, and worldwide recognition of lupus as a significant public health issue. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: Statistics Canada will conduct the Census of of Population Mayor of the on Tuesday, May 16, 2006; and WHEREAS: the City of Saint John supports the census because grants are provided to our city based on a complete enumeration; and WHEREAS: census information is vital to support policy analysis and public debate by governments, businesses and institutions for a wide variety of social and economic issues such as health, immigration, education, training, housing, income support, and the environment; and WHEREAS: the Statistics Act of Canada requires that personal information provided on census questionnaires will be kept strictly confidential; and NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby declare the week of May 14 to 20 as CENSUS WEEK in Saint John and call upon all residents to complete and return their census questionnaire online at WWW. CENSUS2006. CA or by mail by Tuesday, 2006. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the New Brunswick Human Rights Act prohibit discrimination on the basis of sexual orientation; and WHEREAS: we are striving to make New Brunswick a society open to everyone regardless of sexual orientation, gender identity or gender expression; and WHEREAS: homophobia and transphobia remain present in society despite efforts to the contrary; and WHEREAS: there is a widespread general agreement opposing discrimination and more specifically homophobia and transphobia; and WHEREAS: the seventeenth day of May is the National Day Against Homophobia and Transphobia; and WHEREAS: May 17th, 2006, shall be National and International Day Against Homophobia and Transphobia; and WHEREAS: there is reason to endorse the efforts of Fondation I mergence, PFLAG Canada -Saint John Chapter, Centenary Queen Square United Church, Port City Rainbow Pride, Fundy Region Safe Spaces, AIDS Saint John, and the UNBSJ Q- Collective in holding this day; NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby declare May 17th, 2006 as "National Day Against Homophobia and Transphobia". In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: emergency medical services is a vital public service; and WHEREAS: the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS: access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS: the members of the emergency medical services teams, whether career or volunteer, engage in thousands of hours of training and continuing education to enhance their lifesaving skills; and WHEREAS: Canadians benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS: it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designing Emergency Medical Service Week; and WHERAS: injury prevention and the appropriate use of the EMS system will help to reduce national health care costs; and NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim the week of May 14 -20, 2006 as EMERGENCY MEDICAL SERVICES WEEK. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. .. I MF s ' New Brunswick Commun ty College Saint John Campus Major Fund - Raising Campaign • NB1 Why Are We Raising Funds for ■ Over 50% of the NBCC Saint An additional 27% require as ■ Nationally 36% of prospective si not going to school, while 28% i for not furthering their studies. • Less than 5% of NBCC Saint Joh bursaries annually. • Lack of skilled labour is consider Canada: 66% of employers in C� to a lack of suitable talent. • The 2005 Saint John Work Force this Employment Gap. • The Bursary Fund will primarily Students? Campus ce from cite fi Campus studenits are a significant treat ]a report having di found NBCC Foundation SupportAchie ement? I cannot begin to express my gra education possible. It was very ii a college education. Having the them. Stephen Raye, NBCC Saint john iilT to the scholarslp do g to realize jus how has irship moti ted i Student Bursary Fund educational debt. -aining Programs. rs as the reason for stated the same reason rded scholarships and economic prosperity in ulty filling positions due are concerned with the most need. Help Endow our students the Opportunities to suct •s and to the college for making ich employers and industry lead to set goals for myself and work Who Are Our Students? What Do We Give Them Now? They come from all walks of life and for all Les than 5% of the students at the NBCC different reasons: some directly from high Sa nt John Campus receive assistar ce through school; others come with a university degree; awards, scholarships, and bursarie . and a majority from the workforce. They . 12 students received NBCC Entrance can be single parents, young adults, or Sc olarships to NBCCSJ of $10 0 each. mature learners. The one thing m hey all have in common is the cost of e ucation. 15 students received a total cf $13,850 The average NBCC student debt load is from 24 donors from the Fall A vards $12,250 per year, with some stu ents owing pr gram. close to $20,000 after a two-yez r program. • 156,000 total in additional aw irds were Where Do Students Get Their Funding? given to 10 students for the 20115/2006 • 49% of students at the NBCC Saint year. John Campus applied for Pro Ancial and There is a need for funding and thi i is all Federal Student Loans for the year that is available! 2005 -2006. A cholarship and bursary fund f r the • 27% of students at the NR CC Saint benefit of the students at NBCC Sa nt John John Campus are sponsored hrough Campus will help those with the gi eatest Government Training Programs. financial strain. Without student fina vial assistance I would not have been able to complete my Education at NBCC -SJ. I graduated last year from th Office Technology Program. I am really enjoying my job here at the Sain John Sea Dogs office a the Office Coordinator. I am gaming an unbelievable amou t of experience 1hanks t my education from NBCC —SJ. Taking the course was the best ove I could haVE made. Trisha Erb, Class of 005 I believe the greatest problem facing t ie const uction industry in the years to com will be acquiring a trained, knowledgeable w rkforce We will be looking to the NBCC system to assist us in providing the education ne essary o develop a skilled workforce. This campaign will assist those who would not otherwise have the opportunity to attend college. it is these people who wiI I be I he future of the ir dustry. Bruce Dowd Chair, NBCCSJ Regional Committee, BCC F nd— Raising Campaign How Will the Employment Gap i The 2005 Saint John Work Forc found that businesses are concert the availability of skilled labour region. NBCC Saint John Campus enrolrr to increase from 1500 to 2000 (ir 34 %) over the next four years to r workforce needs of Greater Sait One of the major barriers to post - training is lack of funding. Natior of prospective students reportec financial support to be a barrier tc How Will This Fund Assist You? With additional financial suppor students will be able to attend the Saint John Campus, increasing th of skilled talent in the workforce. Money raised by the NBCCSJ Rel Raising Committee will be direct students of the Saint John CampL lffect You? Survey ied about in this ent needs crease of neet the it John. - secondary ally 36% a lack of i education. more NBCC amount ;ional Fund — M to the s of NBCC. The financial objective provincially for this campaign is $2.5 million. The Government of New Brunswick has pledged to support the campaign with its own contribution of $0.50 for every dollar raised. All donations are tax deductible and a tax receipt from the New Brunswick ommunity College Foundation will be sent to all donors. A donor recognition program will acknow- ledge the generosity of donors 4nd the collaboration between the com unity and the College w up during the Great know what it is like to have little. e my money to help those veith attend the NBCC Saint join ipus to pursue their dream . Th Late Frances Hood, A riend of the College SJ Regional Committee, Fund — Raising Campaign Dowd d Roofing Curry ica Center for Energy Forestell Wheatley inator of Student Services Saint John Campus ey Leahy nting Officer Saint John Campus McGill Saint John Campus ;et Oland t Manager Telecom Rignanesi ment Head Saint John Campus Nt�Riley Bus ess Agent ILA ocal273 NBCC Saint John Campus Programs Pllu eb Engineering Technology (ca • School of Applied Arts Pr TechnologY Early Childhood Education Pulp and Paper Process Technician Human Services g School of Health and Academic Se • School of Business Academic Studies Business Administration Medical Laboratory Technology Accounting Nuclear Medicine Technology Marketing (delivered jointly with UNB -SD Computer Programming Technol gy Pharmacy Technician Programmer /Analyst (co-op) practical Nurse Office Administration Respiratory Therapy Executive Ad jitional Training opportunities • School of Technology and Trade (including but are not restricted to): Automotive Marketing and Early Childhood Education Business Studies (co -op) (Di Lance Education Online) Automotive Service Technician Hoe Support Chemical Technology (co-0p) Medication Administration Electrical Phlebotomy Electrical Engineering Technolog Health Care Aide Electronic Communication Systems (co-op) Transition to Practical Nurse Computer Systems (co -op) Special Care Home Worker Industrial Control Technology (co-op) Gas Technician Industrial Mechanics Roofer Machinist painter and Decorator Mechanical Engineering Technology small Engine & Equipment Repair Buildings: Energy and Environment (co-op) welding CAD /CAM (co -op) W ter & Waste Water Operator Production Management (co -op) Co itinuing Education (Night School) Mechanical Technician (co-op) Ap 3renticeshiP Training in 14 Trad Motor Vehicle Body Repairer and Painter Cu tomized Corporate Training For more information contact: N CC Saint John Campus; 3 Locations: Peter McGill, Over 3000 students 0 Grandview Avenue Principal NBCC Saint John Campus 156 Instructors ■ Nor :h End Centre 95 Staff PO Box 2270, 950 Grandview Avenue 0 Reg nal Hospital Saint John, NB E2L 3V7 Telephone: (506) 658.6798 Regular Programs Intern tional Projects Contract Training Cuba, ndia, China, Kenya Fax: (506) 658.6792 United _ istance Learning Kingdom, Mexico, E -mail: peter.mcgill(Ngnb.ca Jordan pprenticeship over 20 Articulation and Transfer Academic Studies agreern _ is with post- secondary institute its including: UNB, STU, ® Continuing Education CBU and MUN. L Zia Who Are We? ,'Saint John Co End Centre td Hospital What Do We D 25 programs In Applied Arts Business • Hcalth & Acedeonic Services • TechncloV 2 What Do Over 3000 students i5 • Regular Programs 95 • Customized Cotpmate Training • Contract Training • Distance Learning • Apprenticeship • Academic Studies • canunuing Education 11 What De W+ Over 20 Articulation and Trandar agre=ctas witli poa'sccondary insUhAM including: • UNB • STU CBU MUN What Do We Do for Y tt? Water and Wastei vater Opeaators • Hampton • Quispamsis • Saint John ... Roads Scholar • Saint John Hvw Do Students and.StaRContribute - S4 million spent petyM by students • $l million spent per year bysteff,`. 2 Our per a wAth some students • vv close to UC after a two -year We Give Them Now? strsdc= a the NBCC S ' John assistance though awards, Oholmhipo. •l2 • 35 sdNa '1'i<e9 aro: They come Fell Awards a3 . f Seigle Forams Uireclly fmm high school #,r Xmmg sdults witha ivcmitydegree t Giatureleamm Fromt wotld'orm per a wAth some students • vv close to UC after a two -year We Give Them Now? strsdc= a the NBCC S ' John assistance though awards, Oholmhipo. •l2 • 35 sdNa revived awards dv Fell Awards e $6,000t al m additisaal awards w elzn to 10 amd" 3 ffn •' Jim 2005 Saint Jahn Work For survey found that businesses are enncemed a m the availability of skilled labour in s region of employers apart difficulty This Mean foi You? is Real! lout more stuaents a enamg Saint John Campus is skilled ployee shortage will w. .© ". I believe the greatest problem facing the construction industry in the ars to came will be r enquiring a trained, knowledgeable warkfarce. t, We will he looking to the NB M system to assist 1. us in providing the education nacessary to develop a skilled workforce. 's campaign will '.'. assist those who would not at terwise have the '< opportunity to attend college. It is these people who will be the future of& i whomy. :: Bruce Dowd Chair, NBCCSS Regional Committee, NSCC MgorFund- Raising Campailis .© •Baanswick Community Saint dolor Campus X Student Bursary Fund will primarily upport the Stu den is with the most need Can We 14, IReRC1al�QpO[I, mot he ahle toa dM7S7, e amowII of s fled talent in 8u Regional he directed to ofthe Saint 5 How Will The The Govenunent of New Brunewiok has " pledged to support the campaign with its own contrlhution of $0.50 for every dollar miscd All donatians are tax deductible our students with to . ,I grew up during the Great Depi assion and know ehatitisliketohavelittle. Igi mymoneyto (( ielp those with little attend the I MCC Saint John .Tim Late Frances Hood t� Friend of the College E7 Questions and Anstirers Nei it Brunswick ConununityColleyc PA( IN, 1>CC I ounJ )lion MajorFund- KaisingCanri�aign tjr,yp In the name of 1 support the majo fund - raising campaign for the N aw Brunswick Community College Foundation, and 1 pledge to give the total sum of: CHEQUE My donation will be paid In five annual instalments, beginiiing First instalment Please makeyourt i IJeim Nrunsi��ick I CREDIT CARD ._._. Number Expiration date Name Organization Address City Province Postal Code ETelephone (office) - ---....._ Email tueor loney orderpoyahle to: m)Ifn1It I Col(vcle I'oundot ion Visa Master Card I authorize __.__.. and the nmc -- I authorize - - - -- but not the: - I prefer my - - -- contribution to publicize my name of my contribution. to publicize my name, int of my contribution. e and the amount of my lain confidential. Date May 4th, 2006 Port Update to Mayor & Council May 8th, 2006 Opening remarks Overview of our business Major challenges Growth opportunities Future direction Port of Saint John As a Canada Port Authority and a government business enterprise, we operate closer to the private sector model than ever before. We are required to operate both in a commercially oriented fashion and with public transparency. Our operations and our working capital are sustained solely from port fees, lease rentals and our investment income. Saint John Port Authority - Structure Board of Directors 20 employees Economic Engine The port has always been and continues to be a major economic engine for our community, our region and New Brunswick. New Brunswick industry is the cornerstone of our business. • Our deep water port is a key part of having Canada's largest refinery in Saint John and the attraction for bringing LNG to this port; • Barrack Point Potash Terminal was built for and serves as the marine gateway for NB potash exports; May 4th, 2006 • We have a second -to -none marine terminal to serve the forest products sector; and • We are a tourism gateway into New Brunswick. Core Business • Potash • Containers • Cruise • Other Bulk • Forest products /break bulk cargo Challenges • Lack of growth in marine business • Dredging costs • Aging Port Infrastructure Growth opportunities • Recyclable metals • Containers • Cruise • Bulk cargo • Diversification True Growth Agenda — Economic Community New developments around the region present some opportunities for the port: • Point Lepreau refurbishment • Construction of the LNG Terminal • Wallboard production at the dry dock. • Revitalizing the Uptown. 2 May 4th, 2006 • Development of the energy hub Our five municipalities are now working together to make the "True Growth Agenda" a reality. Industry, trade development and transportation infrastructure have to be a part of that agenda. Atlantica /Atlantic Gateway Initiative The importance of trade and transportation has been well recognized on the West Coast. The BC Ports strategy and the recently announced Pacific Gateway Council are both driven by the huge growth potential from China and the Far East and focus on a long -term strategy to provide the necessary infrastructure to handle these increases. Attention is now turning towards the East and a potential Atlantic gateway and there are a number of related initiatives already in play: • The Bangor /Saint John trade corridor • Development of the East /West highway • The Atlantica concept and the development of the international north -east as a cross border economic region; and • Prospects of an Atlantic gateway The potential exists to develop a strong cross - border region which can ultimately result in increased economic activity throughout the international north -east region. Conclusion The Port Authority is prepared to work with other stakeholders to achieve these objectives. 3 May 4th, 2006 We need to ensure that economic development priorities include trade and transportation; We need to be part of Atlantica; We need to be part of the dialogue regarding an Atlantic Gateway We are all champions in moving our region, our City and our port forward. Thank you in L 4166 BUSINESS "Pop 2=00, SAINT JOHN PORT AUTHORITIM�t t I, P ')R v T SAINT JOHN ADMINISTRATION PORTUAI RE DF, SAINT J01 IN 2005 annual report olaikoilr- Vision To be the pon of choice in the Chosen areas of specialization. M dada PAGE 1 2005 ANNUAL REPORT the port of saint john The Port of Saint John, New Brunswick's largest and most diverse marine gateway, is a bulk and break bulk port with the capacity to handle containers and is the second largest Atlantic Canadian port of call for cruise ships. The Port is a commercially viable, self- sufficient business enterprise and a cornerstone of the local economy. It is a critical component of the region's transportation infrastructure, essential to many of New Brunswick's major industries engaged in international trade, and provides deep - water, ice -free access to shipping year round. Saint John is one of nineteen Canada Port Authorities established under the Canada mandate In accordance with the Canada Marine Act, the mandate of the Saint John Port Authority is to oversee the operation of the Port of Saint John, provide the required port infrastructure to support maritime trade and to promote the port in the best interests of Canada's domestic and international waterborne trade.'` Marine Act. These ports handle over 250 million tonnes of goods valued at $100 billion, creating in excess of 250,000 direct and indirect jobs and contributing over $20 billion to the Canadian economy each year. The City of Saint John has grown and flourished around its port since this con in was established in 1783. The community is steeped in maritime history and has a legacy of seafarers, maritime traders and shipbuilding expertise that have made Saint John what it is today —an internationally recognised seaport of strategic importance to our nation. * mission To facilitate maritime trade and maximize the use of port assets by providing facilities, services and business development expertise for customers and stakeholders in order to ensure a thriving long-ten it port. * 133 Prince William Street 5th Floor I SaintJohn New Brunswick Canada I E2L 2B5 I Telephone charting the course... It is my pleasure to jointly, with our CEO, present the 2005 annual report of the Saint John Port Authority. The closure of the Nackawic Mill in 2004 highlighted the dependency of our port on too few large customers. In order to correct this shortcoming, the Board has worked very actively with management and staff during the past year to increase port tonnage. This effort was divided between working with our current client base and additionally, seeking new business opportunities. In addition to our "Port Progress" initiative we have worked at strengthening our relationships with the three levels of government and the business community. During the coining year, we hope to further strengthen our relationships with our stakeholders with a view to building an even more prosperous port A thriving and profitable port confers widespread benefits in this conuriunity and beyond. Through our planning process, the Board has worked closelywith senior nanagement to identity not only opportunities but strategies to take advantage of these opportunities. We are confident these initiatives will result in some positive outcomes in 2006. I would like to thank the current Board of Directors for their valuable input and guidance.' Through their contributions at Board meetings and committee work they each made positive contributions to our collective efforts. During the year we said good -bye to departing directors Stephen Campbell, Rolf Spangenberg and the out going Chair, Keri Walker. On behalf of the Board, I thank them for their years of service. Finally, on behalf of the Board, I would like to thank the management and staff of the fort Authority for the support they provided the Board during the year. * Peter "I : Led Chairman board of directors Peter T. Zed, Chair Saint John, New Brunswick Todd M. Stephen, Vice Chair SaintJohn, New Brunswick Lorne J. DeGaust Quispannsis, New Brunswick Edward A. Farren Saint John, New Brunswick Anne Marie McGrath SaintJohn, New Brunswick James W Orr Saint John, New Brunswick John B. VI'heatley Rothesay, New Brwissvick. 506.636.069 1 Fax. 506.630.4443 1 wwwsjportcom PAGE 2 2005 ANNUAL REPORT senior management the challenge ahead... 4 r- - Alwyn G ' So ppitt President &GEC] Paula Small Executive Asssistvant & Corporate Secretary Ralph Seelr, Vice President, Finance & Technical Services Andrew Dixon, Vice President, Trade & Operations PAGE 3 2005 ANNUAL REPORT As we close out 2005, cargo at private facilities exceeded 26 million tonnes and cargo at Fort Authority facilities reached ahnost 1.4 million tonnes. This resulted in the highest tonnage ever handled at the Port of Saint John, exceeding 27 million. tonnes. Activity at our own facilities saw continued increases in container business and our third best year in the cruise sector: While there were declines in some commodities, our greatest challenge was in the forest products sector as we experienced the full impact of the 2004 closure of the Nacka,Mc pulp ntill.1"his resulted in a loss of 300,000 tonnes of forest products exports for the year. This occurrence is symptomatic of the state of the forest products industry in North America which is facing offshore competition for supply of raw materials. The state of this industry will present some continuing challenges for the port. An important initiative launched by the PortAuthority in 2005 was "Port Progress" This is a forum of leading members of the port community who seek to reinforce communication amongst port stakeholders in order to Facilitate necessary change at the port through a coordinated, cooperative approach, and explore new business opportunities, promoting true growth and prosperity for the Port of Saint John. The Port Authority is committed to increasing shipping, cargo and activity at the port. This requires not ottly the focus of the port: community but also that of our municipal and provincial governments as well as the conu- nunity at large T he potential of the port as an economic engine is far - reaching; if the port flourishes, the community will flourish. We are ready for the challenge and we are committed to working with our stakeholders on a number of fronts to bring our port to its full potential. In short, we are "open for business". I would like to acknowledge and thank all of customers for placing their confidence in our port. Thanks also to our Board of Directors, management and staff for their commitment to guiding this port further into the 21st century. I look forward to continuing the dialogue and the staying the course which will lead us to success. * President & Chief Executive Officer port traffic Cargo handled atthe Port ofSaintJohn totalled 27.5 million tonnes in 2005, an increase of almost 5 %, primarily attributed to increases in petroleum. At Saint John Dort Authority facilities, cargo throughput totalled 1.3 million tonnes. While this was down from the previous year, declines are expected to be temporary and recovery is expected in all sectors in 2006. * potash & salt Potash and salt exports continue to be the backbone of business conducted at Port Authority facilities with an average of 800,000 tonnes exported annually. In 2005, over 848,000 tonnes was exported through Barrack Point Terminal. The Potash Corporation of Saskatchewan, who own the storage sheds and loading equipment, lease the terminal while Furncan Marine Limited, a division of Empire Stevedoring in Montreal is their appointed forest products The Port of Saint John, which has been a leading load centre: for pulp € nd palxa- pnAucts for the past three decades, felt the hill impact of the closure of the Nackawic mill, a direct result of the bankruptcy of St Anne Nackawic Pulp Company in September of 2004. Consequently, the port experienced a 63% Total Pori 30 25 H 20 d ,a C 15 o n o � 1D ° s 0 xuua M terminal operator. Exports are forecast to remain stable in the year ahead and the potential exists for further 2 expansion of the mine. +! Saint John Part Authority 2X41 209 2004 2005 and forest products tonnage should increase within a short period of time. However the North American forest products industry is facing strong offshore competition for supply of pulp and die port must be highly cost - effective, competitive and productive in order to retain and increase cargo in this sector. drop in forest products in 2005.71-tis had a major impact on port workers, who have seen a 40% reduction in man -hours and on the ° 4' Iri terminal operator, who has suffered the loss - - - - - -- of its major customer and over 50% of its a 15 cargo. VLith the acquisition of the mill by the AX Group, production•res6u> l ed.early in 2006",Z .�:. ° xu�4 M AF In 2005, cargo handled at the Port of SaintJohn increased by almost 5 %. Z* PAGE 4 2005.A\NUAL REPORT year in review containers Rodney Container Terminal is leased and operated by Logistec Stevedoring Atlantic Inc. and has two gantry cranes and supporting equipment sufficient for today's level of business. Container traffic continues to grow in Saint John through Tropical Shipping and Indotrans. Over 287,000 tonnes of containerised cargo was handled in 2045 in almost 50,11{0 T Us. With world bjTmk�th in this sector, Saint John fore Authority will be working with the terminal operator in the year ahead to bring additional container lines and other cargo A number of nixed bulk commodities are handled at Port Authority facilities through the year. Fish meal and fish oil are imported and distributed for processing for the aquaculture industry; calcium chloride is imported for use as a substitute for road salt; limestone is imported and transported to Coleson Cove Generating Station to be used for purifying air emissions; and finally molasses is imported for consumer markets. Overall, over 74,000 tonnes of these bulk commodities were handled in 2005. Other cargo at the port consists of export recyclable metals, import bagged tapioca and some project cargo. Due to market conditions and timing only sixteen thousand tonnes of recyclable metals was exported in 2605, however, there was a strong start in January, PACE 5 2005 ANNUAL REPORT services to the port There is sufficient capacity at Rodney Terminal to easily double container volumes and the fort Authority has set a high priority on attracting an additional Line to the port in 2006.* Tonnage 279.100 287.000 1 I 1 0 �t8.700 49,900 and significant improvement is forecast for 2006. Over 15;000 tonnes of bagged tapioca destined for customers in Maine, was imported from South -east Asia in 2005. This has been a welcome contribution to the break bulk sector in the face of the reductions in forest products. A new commodity in 2005 has been the export of livestock to Cuba. This was successfiilly handled at the floating facility at Navy Island Forest Products Tennninal and it is expected to continue in the coming year. * Nr r 200.700 d ta9.aoo a cruise Two thousand and five was another successful cruise season with over 90,000 passengers visiting our community on 3 7 vessel calls, This represents our third best year in this business and Sault John continues to be a mayor player in the Canada -New England market. The outlook is positive. Carnival Cruise Lines, Princess Cruises and Royal Caribbean Cruise Lines are the cornerstones of our success, while we continue to encourage other lines to call. The highlight of the season was the inaugural call of Queen Mary 2. A warm welcome was afforded the ship and was much appreciated by Commodore Richard Warwick , the ship's master who, in an open letter to the community, expressed his passengers' appreciation as fbllows: "The reception centre on the dock is a. credit to the community and creates an important first impression to those who choose to take their vacation on a cruise diversified operations The Port Authority continues to look at ways to maxiinize use of its facilities. While the priority is on marine cargo, there are other activities incidental to the marine sector, which contribute to port revenue streams: • At Long Wharf and Pugsley C, Fumcan Marine provides warehousing for non- marine paper products. • On the 'West side, the Autoterm distribution centre supplies new DaimlerCluysler vehicles to Atlantic Canada. ■ Also on the West side, in 2W5, the Floating Pipe Company sub - leased Shed D from Logistec Stevedoring Atlantic Inc. for the fabrication of gas transportation modules. This business ship." This vessel is scheduled to return twice in 2006. Our long -term goal is to have Saint John recognized is a marquee port while our business objectives are to establish 100,000 passengers per year as a baseline and ultimately to exceed 200,000 passengers a year. Number of Cruise Ships: r117W 2005 G;i 37 Number of Cruise Guests: 2004 2005 138,8W 90,20D s 200rt 2005 venture is expected to lead to import of raw materials and the subsequent fitting out of vessels with the finished product. * At Pugsley Cruise Terminal, we have leased the Dockside Market to Hayward & Warwick who provide a "taste of New Brunswick" to visiting cruise guests, enhancing their experience when visiting our community The Port Authority -rill be seeking other potential diversified uses of its facilities in the year ahead, including consolidation and distribution centres, which can be closely associated with attracting container lines to the port. * Two thousand and five was anotlrersuccessful cruise season... our third busiest year in the business.. . PAGE 6 2005 ANNUAL REPORT tho Ito "17/10 272 review In 2005, the Port Authority invested over $1.5" million in its .facilities. PAGE 7 2005 ANNUAL REPORT private facilities Saint John is home to one of Canada's largest refineries and petroleum products represent the highest volume of cargo being handled at the port and have a significant impact on the Saint John economy. In 2005, petroleum products totalled over 26 million tonnes, the a safe, secure port Provision of port seanityis a jointresIxx-rsihility of the Port Authority, its tenninal operators, Canada Border Services Agency (CBSA), and law enforcement agencies. Strict security measures must be in place and enforced in order for a port to he certified to handle international shipping. All Port of Saint John facilities meet those requirements and there are security plans in place for each terminal. Both the Port Authority and port operators have invested heavily in meeting these requirements and have taken advantages: of the Marine Security Contribution Program to capital investments Upkeep of port infrasvucttrre and continuing development of Port facilities are essential to a port's ability to do business. Saint John Port Authority continues to invest in its facilities both from a development and sustainability perspective. In 2005, the Port Authority invested over $1.5 million in its facilities with the major projects being at Rodney Terminal and Navy Island. The greatest infrastructure challenge facing the Port Authority is the condition of Piers 10 through 12. These older piers are made of timber cribs, wooden pilings and beams with highest tonnage to date. This industry continues to grow and a planned LNG terminal for Mispec Point in the Outer Harbour will bring over 100 additional vessels to the port, commencing in 2008. * recoup some of their costs. Adjustments to security measures continue and in 2005, with the co-operation of the terminal operator and the Port Authority, CBSA installed a radiation detection portal at the container terminal to enhance security inspections. This was a first in Canada. As security regulations and requirements continue to evolve, further enhancements will continue in the year ahead respecting restricted access areas, security clearance protocols and the provision of waterside security. IM a relieving platform of backfill. Due to their construction and age, the piers are gradually deteriorating. The first priority will be to ensure that these piers do not collapse, however what is needed is the replacement of the piers with modern wharf construction. Without a significant business case for use of the area, the estimated cost of replacement is well beyond the financial capacity of the Port Authority and in the year ahead, the Port Authority must decide the appropriate course of action to mitigate this situation.* summary of financial statements income statement statement of cash flows (in thousands of dollars) (in thousands of dollars) Audited financial statements are available upon request at the offices of the Saintjohn Port Authority. 2005 2004 {Operations Revenue from port operations 9,891 10,710 Expenses from port operations 621 2,039 Maintenance and repair costs 2,855 2,504 Salaries, fees and benefits 1,985 1,765 Operating and administrative 1,571 1,750 Amortization 2,657 2,567 Professional fees 202 394 Grants in lieu of municipal taxes 320 328 Gross revenue charge 221 257 9,811 9,565 Income from port operations 80 1,145 Investment income 526 890 Gain on sale of capital assets 15 4 Net income 621 2,039 balance sheet (1,548) (7,253) (in thousands of dollars) 15 39 Long -term investments 2005 2004 (2,444) (1,748) Assets 1,091 (611) Cash and investments 1,616 525 other current assets 1,222 1,487 Long -term investments 11,492 10,694 Fixed assets 65,028 66,137 79,358 78,843 Liabilities Current liabilities 1,036 1,130 Long tenn liabilities 335 347 1,371 1,477 Equity of Canada Contributed capital 61,659 61,659 Retained earnings 16,328 15,707 77,987 77,366 79,358 78,843 Audited financial statements are available upon request at the offices of the Saintjohn Port Authority. PAGE 8 2005 ANNUAL REPORT 2005 2004 Cash provided by (used in): Operating activities Net income 621 2,039 Amortization 2,657 2,567 Accrued benefit asset 85 (143) Gain on sale of capital assets (15) (4) 3,348 4,459 Net change in non -cash working capital balances 171 (353) Employee future benefit accrual (12) 3 3,507 4,109 Financing Activities Lease receivable 28 28 28 28 Investing Activities Additions to capital assets (1,548) (7,253) Proceeds on disposal 15 39 Long -term investments (911) 2,466 (2,444) (1,748) Net change in cash and cash equivalents 1,091 (611) Cash and cash equivalents, beginning of year 525 1,136 Cash and cash equivalents, end of year 1,616 525 PAGE 8 2005 ANNUAL REPORT the year in revi*ew other part initiatives port progress In 2005, Saint John Port Authority launched "Port Progress," an initiative to bring key decision makers in the port community together to create a vehicle for communication amongst key port users; to Facilitate necessary change within the port community, allowing a coordinated cooperative approach to achieve desired results; and to explore new business opportunities, promoting true growth and prosperity for the Port of Saint John. The group met on three occasions during the year forming working sub - groups to focus on identified areas that include port competitiveness, infrastructure and c'on rmunication, legislative outlook canada marine act Late in 2005, amendments to the Canada Marine act were introduced into Parliament and received First Reading. However, with the subsequent election call, Sill C -61 did not PAGE 9 2005 ANNUAL REPORT amendments introduced were, in the opinion of Canada's ports not far-reaching enough to meet the concerns of ports. Key issues yet to be addressed are port competitiveness, infrastructure demands, removal of financial constraints and a more effective process for land transactions. In the corning year, these will be high on the agenda of all of Canada's ports and Saint John Port Authority will be working both independently and within the Association of Canada Port Authorities to push for amendments in these areas. atlantic gateway With the recent commitrnentoffiundstowards the formation of a Pacific Gateway, attention is turning towards the development of the Atlantic {Gateway. It is essential that Saint John Port Authority be engaged in this initiative. As one of Atlantic Canada's largest ports, our port can play a significant role in establishing this gateway:. atIanticafinternationaI north -east economic region Coruplenlenting the idea of an Atlantic Gateway, an initiative to develop the North- East United States and Atlantic Canada in an econoinic partnership is being promoted. Saint John is ideally positioned in the centre of this zone and the Port Authority will be joining with local advocates to promote this irnportant trade corridor in the best interests of our port and community. community support Each year, Saint John PortAutltc)r ty pro -,ides support to the community through direct donations, in -kind contributions and use of port property for community events. Without doubt, the highlight of this support each year is the Harbour Lights campaign where the Authority partners with CBC Radio One Information Morning to raise funds for area food banks. In its ninth year, over $80,000 was raised, a testament to how our community rallies and supports those less fortunate. This year, for the first time, the United Way with the cooperation of the Port Authority Placed a donation station at the cruse terminal. The funds raised during the 2005 cruse season were applied toward United Way services in our community. Other agencies to which the Port Authority provided support were Saint John Seafarers Mission, Romero House, Carleton Community Centre and various smaller organizations. waterfront development As development of the public waterfront evolves, the Port Authority continues to promote the interests of the mrnmercial port and the necessary balance between the port and the community. The most significant development in 2005, which impacted on Port Authority property, was the redesign and rebuilding of Water Street by the City of Saint John. The City of Saint John is to be commended on making this significant investment, which will greatly complement ca vise terminal operations and provide easier and more attractive access to the community for visiting cruise guests. The Port Authority will continue to work within the Saint John Waterfront Development Partnership as other development opportunities come forward. true growth for the greater saint john region The five regional Mayors of Greater Saint John launched True Growth in 2004 as the long -term plan for the region, True Growth aims to engage all sectors of the community to ensure future planning is done through a collaborative partnership across the economic sector, the social and environmental sectors, and the cultural and academic sectors. For Saint John to achieve True Growth, it strives to balance the priorities of each sector. The Port of Saint John is a proud and important contributor to the economy of the region, recognizes the importance of True Growth for our community and has a key role to play in this concept. The Pon of Saint john is a proud and imporwnt contributor to the economy of the region. PAGE 10 2005 ANNUAL REPORT the o team a � Linda Garvin 1, (Accounting Clerk) Tanya Richard (Accountant & Information Systems) Pamela Flen-uning P (Administration & Property Officer) Susan Keeley (Recepti oni stlClerk) Allen Fraser (Payroll & Revenue Officer) Krista Foster' (Accountant & Information Systems) 'absent from photo Rod Knox (Outside Services) Andrew Somerville . (Supervisor, Operations & Outside Services) Mike Hellingwerf (Outside Services) Betty MacMillan (Manager Trade Development) Captain John McCann �l (Harbour - Master and Port Security Officer) Shannon Patterson` (Marketing Assistant) is Brooks Robinson (Engineering Technologist) Rachel LeBlanc (Administrative Assistant) Jody Potter _ (Engineering Technologist) Steve McCavour (Manager, Technical Services) PAGE 11 2005 ANNUAL REPORT :,�1" Application for a Municipal Plan and Demande de modification au plan mu Applicant Related Information / Name of Applicant/ Nom du demandeur Mailing Address of applicant / Addresse postale du By -law Amendment et a Varrete sur le zonage sur le demandeur 0 Postal Code / Code postal E Z L1 4 C Telephone Number / Numdro de tdldphone Q �SU Home / Domicile _ LG� r3�- (-,J— � 0 �5' Work /Travaih Fax Number/ Numdro de tdldcopieur i �d �a J7 0(/� Name of Property Owner (if different) / Nom du proprridtaire (si diiffdrent) IIE Address /Adresse Uera;�a R. (rrtlnr� Ilc,v_ �or�to�.� ��i Postal Code / Code nostal: F Property Information / Renseignements sur la F ropriStd Location / Emplacement � 1 i 3 Civic # / No de v irie Street / Rue PID / NIP Lot Area / Su erficie du lot 1% I L p � JStreet Frontage / Fagade sur rue 11 Existing Use of Property / Utilisation actuelle de la propridtd F i j S Present Municipal Plan Land Use Designation II I 11 Designation actuel de utilization des terres sur le plan municipal 1i t di diet S' TS Present Zoning / Zonage actuel Al- Amendments Requested / Modifications Pylunicipal Plan / Plan municipal r �j Change Land Use Designation to /Modifier la ddsignatio de l'utilisation des terres a L)kl and/or /ou ❑ Text Amendment (indicate particulars on attachment) / Zoning By -law/ Arretd sur le Zonage Change Zoning to / Modification du zonage 3 and /or/ ou ❑ Text Amendment (indicate particulars on atta du texte (indiquez les ddtails en /Ana DE ) / Modification due (indiquez les ddtail en JAN ^ "i l J 4.o0 7?i� Development Proposal / Proposition d'am6nageme t Description of Proposal / Description de is proposition u0n; c i vl' $( - 2 iQ GT91Q ek 1 ��` You must provide a scaled site plan that illustrates Vous dev fournir un plan du site a lVehelle illustrant 1 otre your proposal. You may also provide proposal n. Vous pouvez egalemeni fournir des photographs, building plans, elevation drawings photogra hies, des plans de bdtiment, des dessins de pl n and any other form of information. The site plan d'elevatio i et toute autre forme de renseignement. Le pl n du must show the dimensions of the property, the site dolt i diquer les dimensions de la propriete, location of all buildings, driveways, parking areas, Template ent de la totalite des bdtiments, des allees, d s landscaping and signs, It is important that the acres de s ationnement, des amenagements paysagers a des distance between the property boundary and pannea de signalisation. II est important d'indiquer 1 buildings are shown, distance ntre les limites de la propriete et les bdtiment . Provide reasons why these amendments should be approved. / oumir les raisons pour les quelles les modific tions devraient etre approuvdes. P(es¢ ( ff " % ^C i o� In t i� rn o` ra a u e 9nU; PIV i s jj let 6 v¢ "c ei n Z n � C r' All uM n(JI Provide any other information about your proposal that would a helpful. / Fournir tout autre renseignement oncernant votre proposition qui pourrait etre utile. ny COMponv 9110woNg U p i r IM &A cid A I e k A d tXh a JU 1 > b . ¢ � r T e tAQ Signature of Applicant / Signature du demandeur --(( Date de de 400 $ $400 Application Fee Enclosed / Ci les frais de dema joint If you are not the owner of the land in question Si vo s n'etes pas le proprietaire du terrain en ques ion, please have the owner sign below. The signature of veull z obtenir la signature du proprietaire dans l partie the owner authorizing this application to proceed is ci -de sous. La signature du proprietaire autorisant e required far consideration by Common raite ent de la presente demande es! reguise pour que ett erniere soit examinee par le conseil commun 1. Signature of Owner (if applicable) :71 Signature du propridtaire (s'il y a lieu) Date PLANNING AND DEVELOPMENT/ ■ veo P ■_ u • • e ■ eY — el r 1 . ,.I _ 1 r — u • H b 1 le a PI a eo SME ET DEVELOPOEMENT 1r � • eP • 1M � 1W 71 0 0 `. �.,. I.I X11 ,•`■ o RM- 1 e Subject Site: Location: 71 and 84, rue Kennedy St. Date: January/janvier l 1, 2006 Scale /6chelle: 1:2000 A i6 site en question: 00377101, 100377218 Iu 1 ■I ■I ■1 ■1 ■1 lam, M 4)0 cb c A a 1 A� PO OO e,\ ,t t h y \ vV 9� A Pr 0(pnSwlCk __ � Ldd si te;t� m 1 S m ^` v ? v r m D -{ � o° BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Redesignating on Schedules 2 -A and 2 -13 of the Municipal Plan, from Medium Density Residential to Light Industrial classification, the following properties: a) a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID Number 00377101,and ARRETE No C.P. 105 - ARRETE MODIFIANT VARRI RELATIF AU PLAN MUNICIP Que soft edicte par le communal de The City of Saint dument convoque, ce qui suit: L'anete relatif au plan munici al de The City of Saint John edicte le 3 janvier 2006 est modifie par: 1 la modification du plan muni aux. annexes 2 -A et 2 -13, en vue de passer la designation des prop suivantes de zone residentielle de d moyenne a zone d'industrie legere: a) une parcelle de terrain c superficie d'environ 1 190 metres c (12 809 pieds carres), situee an 71, Kennedy et portant le NID 003 77 10 1; b) a parcel of land with an area of ) une parcelle de terrain c approximately 450 square metres (4,844 uperficie d'environ 450 metres carres square feet), located at 84 Kennedy Street, 4 844 pieds carres), situee au 84, also identified as being PID Number ennedy et portant le NID 00377218. 00377218. 2. Adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: 1'ajout des parcelles de terrai tes a la liste de zone a industr A titre de developpement approuve 12.4.7.15: "xx) parcels of land with a total area of xx) les parcelles de terrain d'i approximately 1,640 square metres (17,653 uperf1'ie totale d'environ 1 640 met square feet), located at 71 and 84 Kennedy arres (17 653 pieds carres), situees aux Street, also identified as being PID t 84 , rue Kennedy et portant les 1% Numbers 00377101 and 00377218." 0377101 et 00377218.» - all as shown on the plan attached hereto toutes les modifications sont it and forming part of this by -law. r le plan ci joint et font partie du IN WITNESS WHEREOF The City of N FOI DE QUOI, The City of Saint Jo Saint John has caused the Corporate a fait apposer son sceau communal sur Common Seal of the said City to be affixed went arrete le * jour de * 2006, avec to this by -law the * day of *, A.D. 2006 sgnatures suivantes: and signed by: Mayor/Maire Common First Reading — P emiere lecture — Second Reading — D uxi8me lecture — Third Reading — T oisieme lecture — BY -LAW NUMBER C.P. 110- ARRETt No C.P. 110 -A MODIFIA T A LAW TO AMEND L'ARRETE' SUR LE ZONAGE D THE ZONING BY -LAW THE CITY OF SAINT JOHN OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lots d'une reunion du co seil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By -law of The City of L'arrete sur le zonage de The ity Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf 19) December, A.D. 2005, is amended by: de'cembre 2005, est modifie par: at 71 Kennedy Street 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by rezoning, from 11RM -1" Three Storey Multiple Residential to "I -1" Light Industrial, the following properties: 1 la modification de I'annexe u du plan de zonage de The City of 5 John, en procedant au rezonage proprtes suivantes, de zone resident d'immeubles a logements multiples de i etages a RM -1 » a zone d'industrie lege I -1 » : a a) a parcel of land with an area of a) une parcelle de terrain d' ne approximately 1,190 square metres (12,809 superfcie d'environ 1 190 metres ca es square feet), located at 71 Kennedy Street (12 809 pieds canes), situee au also identified as being PID number 71, rue Kennedy et portant le 003 77 10 1, and I NID 00377101; b) a parcel of land with an area of b) me parcelle de terrain d' ne approximately 450 square metres (4,844 superficie d'environ 450 metres c es square feet), located at 84 Kennedy Street, (4 844 pieds canes), situee au also identified as being PID number 84, rue Kennedy et portant le 00377218. I NID 00377218. - all as shown on the plan attached hereto - routes les modifications sont indiquees and forming part of this by -law. le plan ci joint et font partie du present arreete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal su le Common Seal of the said City to be affixed present arrete le * jour de * 2006, aver les to this by -law the * day of *, A.D. 2006 signatures suivantes: and signed by: Mayor / Maire Common First Reading - Second Reading - Third Reading - communal Premiere lecture Deuxieme lecture Troisi6me lecture 5, t Common Clerk's Office Bureau du greffier communal ww, w, saintjoh n. ca April 12, 2006 511789 N.B. Inc. (Service Master) P.O. Box 906 Saint John, NB E2L 4C3 Dear Sir: At a meeting of the Common resolution was adopted, namely:- P. . Box /C. P. 1971 Sant John, NB/N. -B. Ca ada E2L 4L1 -_ held on March 27, 2006, the "RESOLVED that the proposed Mu icipal Plan Amendment for 71 & 84 Street be referred to the Planning Adviso Committee for a report and recomn and that the public hearing be held on May 8, 2006 in the Council Chamber." Enclosed is a copy of the Public Notice in this regard. Yours truly, Elizabeth Gormley Assistant Common Clerk EG /slc Enclosure City of Saint John PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 71 & 84 KENNEDY STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, May 8, 2006 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A and 2 -13 of the Plan, from Medium Density Residential to Light Industrial, the following properties: a) A parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID number 00377101, and b) A parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID number 00377218 as illustrated below. (INSERT MAP) 2. Adding the following to the list of Approved Light Industrial Developments in sub - section 2.4.7.15: "xx) parcels of land with a total area of approximately 1,640 square metres (17,653 square feet), located at 71 and 84 Kennedy Street, also identified as being PID numbers 00377101 & 00377218." 3. Rezoning the same parcels of land from "RM- 1" Three Storey Multiple Residential to "I -1" Light Industrial. PROJETS DE MODIFICATION DI�PLAN MUNICIPAL ET DE L'ARRETE S R LE ZONAGE OBJET : 71 et 84, RUE Par les pr6sentes, un avis public est onn6 par lequel le conseil communal de The C6 of Saint John indique son intention de modifier le plan d'ame'nagement municipal et Parr&6 sur le zonage de The City of Saint John, lors de a rdunion ordinaire qui se tiendra le lundi 8 mai 2 06 a 19 h, en apportant les modifications suivantes : 1. Modification de la d6signation des lots suivants aux annexes 2 -A et 2 -13 du plan de zone rdsidentielle de densitd moyenne a zone 'industrie 16g&e : a) one parcelle de terrain d'une I superficie d'environ 1 190 metres carrels (12 809 pi ds carres), situde au 71, rue Kennedy et rtant le NID 00377101; b) une parcelle de terrain d'une I superficie d'environ 450 metres carr6s (4 844 pies carrds), situde an 84, rue Kennedy et ortant le NID 00377218; comme le montre la carte ci- dessous. (INSERER LA CARTE) 2. L'ajout des parcelles de terrain sui) liste de zone a industrie Idg&e ddveloppement approuv6 a 1'aline'a 2.4.7. rites a la titre de 5: o xx) les parcelles de terrain d'une superficie totale d'environ 1 640 metres carre's (V 653 pieds carrels), situdes aux 71 et 84, rue Kennedy et portant les NID 00377101 et 00377218. 3. Modification du zonage de ces m6mes parcelles en vue de les faire passer de zone r' identielle d'immeubles a logements multiplesl de trois 6tages «RM -1 » a zone d'industrie 16g re « I -1 ». REASON FOR CHANGE: MOTIF DE LA MODIFICATION: To permit an expansion of the existing Service Pour permettre ]'expansion de 1'en eprise de Master cleaning business. nettoyage existante, Service Master. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 Toute personne interestee peut ex miner la modification proposee au bureau d greffier communal on an bureau de I'urbanis a et du developpement a I'hotel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 d lundi an vendredi, sauf les jours feries. Veuillez faire part de vos objections a projet de modification par ecrit a ('attention du s ussigne a I'h6tel de ville. J. Patrick Woods, greffier communal, 658 -2862 PROPOSED MUNICIPAL PLAN) RE: 71 and 84 ZONING BY -LAW NEDY STREET Public Notice is hereby given that the Common Co ncil of The City of Saint John intends t consider amending the Municipal Development Plan and The City of Saint John Zoning By -law at is regular meeting to be held in the Council Chamber on Mond y, May 8, 2006 at 7:00 p.m., by: I. Redesignating on Schedule 2 -A and 2 -B of t e Plan, from Medium Density Residenti 1 to Light Industrial, the following properties: a) a parcel of land with an area of at located at 71 Kennedy Street, also b) a parcel of land with an area of located at 84 Kennedy Street, also as illustrated below. 2. Adding the following to the list of 2.4.7.15: dy 1,190 square metres (12,809 square feet), as being PID number 003 7710 1, a d .rely 450 square metres (4,844 s uare feet), as being PID number 00377218 Light Industrial Developments in "xx) parcels of land with a total area ol approximately 1,640 square metres (17, 53 square feet), located at 71 and 84 Kenn dy Street, also identified as being PI numbers 00377101 & 00377218." 3. Rezoning the same parcels of land from Light Industrial. (INSERT MAP) REASON FOR CHANGE: To permit an expansion of the existing Service The proposed amendment may be inspected by any or in the office of Planning and Development, City hours of 8:30 a.m. and 4:30 p.m., Monday through F Written objections to the amendment may be sent to J. Patrick Woods, Common Clerk 658 -2862 PROJETS DE MODIFICATION DU OBJET: 71 et VI -1" Three Storey Multiple Residential to cleaning business iterested person at the office of the Com on Clerk, all, 15 Market Square, Saint John, N.B. etween the day, inclusive, holidays excepted. ie undersigned at City Hall. MUNICIPAL ET DE I7ARRETE UR LE RUE KENNEDY Par les pre'sentes, un avis public est donne par 1e uel le conseil communal de The City o Saint John indique son intention de modifier le plan d'amenag ment municipal et l'arrete sur le zonage a The City of Saint John, lors de la reunion ordinaire qui se t endra le lundi 8 mai 2006 a 19 h, en a portant les modifications suivantes : 1. Modification de la designation des lots suivants aux. annexes 2 -A et 2 -B du r6sidentielle de densite moyenne A zoned industrie le'gere : a) une parcelle de terrain d'une su erficie d'environ 1 190 metres carres carres), situee au 71, rue Kennedy 0 portant le NID 00377101; de zone 12 809 pieds b) une parcelle de terrain d'une superficie d'environ 450 metres carrels (4 844 pies carres), situee au 84, rue Kennedy et portant 10 NID 00377218; comme le montre la carte ci- dessous. 2. L'ajout des parcelles de terrain suivantes developpement approuve a 1'alinea 2.4.7.15 : s xx) les parcelles de terrain d'une sul carr6s), situdes aux 71 et 84, rue I In liste de zone a industrie leg6re titre de totale d'environ 1 640 metres carr6s (I 653 pieds ly et portant les NID 00377101 et 0037 218. » 3. Modification du zonage de ces memes parce les en vue de les faire passer de zone re identielle d'immeubles i logements multiples de roil etages a RM -1 » a zone d'indust 'e 16gere «I -1 ». (INSERER LA CARTE) MOTIF DE LA MODIFICATION: Pour permettre 1'expansion de 1'entreprise de nettoya a existante, Service Master. Toute personne interessee peut examiner la modific ion proposee au bureau du greffer com unal ou au bureau de l'urbanisme et du de'veloppement a l'hatel de ville situe' au 15, Market Square, a Sai t John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du Lund' an vendredi, sauf les jours f6ries. Veuillez faire part de vos objections an projet de mo ification par ecrit a 1'attention du soussi e a I'hotel de ville. J. Patrick Woods, greffier communal, 658 -2862 ,� ue reedy o. �1 sio �G �d City of Si int John INTERNAL INS RTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 General Notice Department: Common Clerk's Office Acc unt # 71206 Contact: J. Patrick Woods erk/Greffier communal Public Notice) Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper (Check as (SJTJ= Saint John " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds (Boldface anything you want ph Journal) Tuesday, April 11, 2006 Tuesday, May 2, 2006 in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® erk/Greffier communal Public Notice) Contact: Telephone: (506) 658 -2862 Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common C erk/Greffier communal Contact: Telephone: (506) 658 -2862 y.� Common Clerk's Office Bureau du greffier communal www. saintjohn. ca March 27, 2006 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan A Public Presentation was given on Februar amendment to re- designate on Schedule 2 -f an area of approximately 1,190 square metre Kennedy Street, also identified as being PIE with an area of approximately 450 square mi Kennedy Street, also identified as being PID Residential to Light Industrial classification tc "RM -1"Three Storey Multiple Residential to' N.B. Inc. The required advertising has been con application, public notice and insertion No written objections to the proposed i Box /C.P. 1971 t John, NB/N. -B. Ida E2L 4L1 M — 71 & 84 Kennedy Saintlohn 13, 2006 of a proposed municipal pla and 2 -B of the Plan, a parcel of land ith s (12,809 square feet), located at 71 Number 00377101, and a parcel of laid Tres (4,844 square feet), located at 8 slumber 00377218, from Medium Den 3ity permit rezoning of the properties frorr -1" Light Industrial as requested by 511789 , and attached you will find a copy of if the proposed municipal plan amen ig have been received. If Council wishes, it may choose to refer theJ r iatter to the Planning Advisory Committee for a report and recommendation and authori a the necessary advertising with a PL blic Hearing to be held on Monday, May 8, 2006 t 7:00 p.m. in the Council Chamber, c r not to proceed with the proposed amendment prc icess, and adopt a resolution to deny the application and receive the attached docume itation for information. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk Attachment PROPOSED MUNICIPAL PLAN AMENDMENT RE: 71 & 84 KENNEDY STREET 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 Schedules 2 -A and 2 -13 of the Plan, from Medium Density Residential to Light Industrial, the following properties: a) A parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID number 00377101, and b) A parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID number 00377218 as illustrated below. (INSERT MAP) and 2. Add the following to the list of Approved Light Industrial Developments in sub- section 2.4.7.15: PROJET DE MODIFICATIJ DU PLAN MUNICIPAL OBJET : 71 et 84, RUE Par les presentes, un avis public est I donne par lequel le conseil communal de Th City of Saint John envisage d'examiner des mo ifications a apporter au plan d'amenagement munici al afin de: 1. Faire passer la designation des l is suivants aux annexes 2 -A et 2 -B du plal de zone residentielle de moyenne densit' a zone d'industrie legere a) une parcelle de terrain dune sup ficie d'environ 1 190 metres carres (12 809 pi ds carres), situee au 71, rue Kennedy et portant le NID 00377101; b) une parcelle de terrain d'une su erficie d'environ 450 metres carres (4 844 pied carres), situee au 84, rue Kennedy et portant le NID 00377218; comme le montre la carte ci- dessous. (INS$RER LA CARTE) et 2. Ajouter les parcelles de terrain uivanteE la lisle de zones a industrie leg&e a titr de developpement approuve a 1'alinea 2.4. .15 A "xx) parcels of land with a total area o « xx) les parcelles de terrain d'un superficie approximately 1,640 square metres (17,653 square totale d'environ 1 640 metres carres (7 653 pieds feet), located at 71 and 84 Kennedy Street, also carres), situees aux 71 et 84, rue ennedy et identified as being PID numbers 00377101 & portant les NID 00377101 et 00377218. » 00377218" A public presentation of the proposed amendr will take place at a regular meeting of Com Council on Monday, February 13, 2006 in Council Chamber, Lobby Level, City Ball. Une presentation publique du projet de modification aura lieu lots de la reunion ordinaire du conseil communal le lundi 13 fevri r 2006 dans la Salle du conseil de I'h6tel de ville, au niveau du hall d'entree. REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit rezoning of the properties from "RM -1" Permettre le rezonage des proprietes on vue de les Three Storey Multiple Residential to "I -1" Light faire passer de zone � edifices a logements Industrial. multiples de trois etages a RM -1 >) h zone Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 15, 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 d'industrie legere a I -1 ». Veuillez faire part an conseil par e rit de vos objections au projet de modification an Ins tard le 15 mars 2006 a 1'attention du soussigne Pour toute demande de renseignements, veuillez v us adresser au bureau de la greffier communal ou a bureau de Purbanisme et du developpement a Ph tel de ville an 15, Market Square, Saint John, . -B., entre 8 h 30 et 16 h 30 du lundi au vendre i, sauf les jours feries. J. Patrick Woods Greffier communal City of Saint John INTERNAL INS RTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (A aunt # 71206) Call to Action: J. Patrick Woods, Common Contact: J. Patrick Woods Contact: Telephone: (506) 658 -2862 Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper (Check (SJTJ= Saint Jo " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds (Boldface anything you Section Headline: ❑ General N ® Public No applicable) Telegraph Journal) Tuesday, January 31, 2006 Bold in Ad, Centre, Tab, etc.) ❑ Tender ❑ Proposal Sub- Headline if applicable): Text: Re - MPA - 71 & 84 Kennedy St. Call to Action: J. Patrick Woods, Common lerk/Greffier communal Contact: Telephone: (506) 658 -2862 Common Clerk's Office P. . Box /C.P. 1971 Bureau du greffier communal S int John, NB /N. -B. - C nada E2L 4L1 �� ����c.saintjolut.ca January 23, 2006 / 23 janvier 2006 511789 NB Inc. P.O. Box 906 Saint John, N.B. E2L 4C3 Dear Sir or Madam: Re: 71 & 84 Kennedy St. Monsieur, Madame, Objet : 71 et 84, rue Kennedy Enclosed is a copy of the Public Vous trouverez ci- annex6e une Notice regarding a proposed I'avis public relatif a une m1 Municipal Plan amendment for envisag6e au plan municipal en redesignation of the above redesignation de la propri (§t(§ ci -c property. Following the date for the receipt of objections, namely, March 15, 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 encl. / P. j �.is la date de reception des obj t -a -dire le 15 mars 2006, le imunal pourrait autoriser la pul avis n (§cessaires en vue de I'a lique et demander les opini nit(§ consultatif d'urbanisme. Veuillez agr (§er, Monsieur, Madar 1'expression de nos sentiments di City of Saint John m de la ctions, ication dience ns du ues. OPEN SESSION May 5, 2006 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning - 71 and 84 Kennedy Street On March 27, 2006 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 2, 2006 meeting. Ken McCurdy, of Service Master, attended the meeting and addressed the Committee in support of the application. Mr. McCurdy expressed agreement with the recommendation in the report with the exception that the parking lot be paved with asphalt. He indicated that he had recently surfaced the parking lot with crushed gravel and that he had future development plans that would necessitate the removal of portions of the pavement should it be required. No other persons attended the meeting and no letters were received. After considering the matter, the Committee adopted the recommendation in the attached report, including the granting of the necessary variances for reduced landscaping and the imposition of additional conditions on the establishment and operation of a paved parking area. RECOMMENDATION: 1) That Common Council redesignate on Schedules 2 -A and 2 -B of the Municipal Development Plan, from Medium Density Residential to Light Industrial, the following properties: a) a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID number 00377101, and b) a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID number 00377128. Planning Advisory Committee May 5, 2006 Page 2 2) That Common Council rezone the same parcels of land from "RM -1 " Three Storey Multiple Residential to "I4 "Light Industrial. 3) That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning be subject to the following conditions: a) the use of the property located at 71 Kennedy Street, also identified as being PID number 00377101, be limited to the use of offices for a cleaning service including incidental cleaning on the premises, warehousing and indoor parking facilities; b) the use of the property located at 84 Kennedy Street, also identified as being PID number 00377128, be limited to the use of a parking lot for the light industrial business located at 71 Kennedy Street, also identified as being PID number 00377101; Respectfully submitted, Philip Hovey Chairman PF Attachments Project No. 06 -014 DATE: APRIL 28, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 2, 2006 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Ken McCurdy Name of Owner: 511789 NB Inc. (Service Master) Location: 71 and 84 Kennedy Street PID: 00377101 and 00377218 Municipal Plan: Existing: Medium Density Residential Proposed: Light Industrial Zoning: Existing: "RM -1" Three Storey Multiple Residential Proposed: "I -1" Light Industrial Proposal: To construct a 114 square metre (1,230 square feet) addition to the existing Service Master building and to recognize the use of a vacant property as a parking lot. Type of Application: Municipal Plan Amendment, Rezoning, Conditional Use and Variances Ken McCurdy Page 2 71 and 84 Kennedy Street April 28, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, May 8, 2006. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a parking area in the 1 -1" Light Industrial zone. STAFF RECOMMENDATION TO COMMITTEE: 1) That Common Council redesignate on Schedules 2 -A and 2 -13 of the Municipal Development Plan, from Medium Density Residential to Light Industrial, the following properties: a) a parcel of land with an area of approximately 1,190 square metres (12,809 square feet), located at 71 Kennedy Street, also identified as being PID number 00377101, and b) a parcel of land with an area of approximately 450 square metres (4,844 square feet), located at 84 Kennedy Street, also identified as being PID number 00377128. 2) That Common Council rezone the same parcels of land from "RM -1 " Three Storey Multiple Residential to `74 "Light Industrial. 3) That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning be subject to the following conditions: a) the use of the property located at 71 Kennedy Street, also identified as being PID number 00377101, be limited to the use of offices for a cleaning service including incidental cleaning on the premises, warehousing and indoor parking facilities; b) the use of the property located at 84 Kennedy Street, also identified as being PID number 00377128, be limited to the use of a parking lot for the light industrial business located at 71 Kennedy Street, also identified as being PID number 00377101; 4) That the Planning Advisory Committee impose the following conditions on the establishment of a parking area at 84 Kennedy Street: Ken McCurdy 71 and 84 Kennedy Street Page 3 April 28, 2006 a) The site must be developed and maintained in accordance with a detailed site plan submitted by the applicant and approved by the Development Officer, or his designate, such plan illustrating the driveway access, parking area, landscaping, guardrails and retaining walls; b) Such site plan must provide for asphalt paving of all driveways and parking areas as well as poured -in -place concrete curbing where necessary. As well, site drainage must be provided in accordance with a detailed drainage plan prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) All areas of the site not occupied by parking areas, driveways and walkways must be landscaped by the developer in accordance with the variances outlined below, and such landscaping must extend into the Kennedy Street right -of -way to the edge of the City sidewalk; d) A guardrail must be installed along the top of the embankment that extends roughly parallel with the southern property line; e) The work outlined above be completed within one year of the date of the Committee's approval; 5) that the Committee grant the necessary variances to reduce the required landscaping buffers as outlined below, in order to permit a parking lot at 84 Kennedy Street: a) from 3 metres (10 feet) to approximately 2.2 metres (7.2 feet) along the northern property line b) from 3 metres to 0 (zero) metres along the eastern and southern property lines c) from 6 metres (20 feet) to depths varying between 0 (zero) to 6 metres (20 feet) along the western property line. BACKGROUND: In January of 1979, the Committee approved a change in non - conforming use to permit the existing building to be used for an office and packaging facilities for a product called Safe -T -Flue. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering have no objections to this application. Ken McCurdy Page 4 71 and 84 Kennedy Street April 28, 2006 Building and Technical Services indicate that a building permit with drawings will be required and any Code issues will be addressed at that time. ONE Change Inc. has verbally indicated that they do not have concerns with the proposal as long as the use of the properties is restricted to what is outlined in the application and as long as none of the neighbouring property owners are opposed to the development. ANALYSIS: The subject sites are located near the end of Kennedy Street in the City's Old North End, near the Saint John Power Boat Club. The applicant is proposing to construct a 114 square metre (1,230 square feet) addition to the existing Service Master building at 71 Kennedy Street in order to accommodate additional indoor parking for his company's' service vehicles. The building is presently used for office space, warehousing, and incidental cleaning. The premises currently contain some indoor parking for company vehicles with supplemental outdoor parking contained within a fenced compound. The applicant is seeking to expand the indoor parking to provide greater security for his company's fleet of vehicles. As the present use of the property is non- conforming, the Community Planning Act does not permit the building to be enlarged. Consequently, the applicant has requested to change the designation and zoning of the property to permit the proposed addition. The applicant has also applied to redesignate and rezone the property at 84 Kennedy Street in order to use it as a parking lot for his employees. The lot is currently being used as a parking lot although no approval has been obtained to do so. No further development of the site is planned. The neighbourhood surrounding the subject sites is urban in nature and is primarily residential in character, containing multi - family dwellings with varying numbers of units. However, as identified in the North End Neighbourhood Improvement Plan, prepared in 1977, there are several properties containing non - conforming commercial / light industrial uses. Although the Improvement Plan considered the non - conforming uses as detracting from the quality of the North End as a residential neighbourhood, many of the concerns relate to the poor state of repair of the buildings as well as outside storage of material and equipment, unsightly debris, and on- street parking. At the time of the site visit, there were numerous vehicles parked on the street, but it is not clear how many belonged to clients or staff of Service Master. The other issues identified in the Improvement Plan are not factors in this instance. In this case, the building is well- maintained and other than the vehicles parked within the fenced compound nothing related to the business is stored outside. The Neighbourhood Improvement Plan sought to encourage residential uses in the Old North End, but it acknowledges that in some instances non - residential uses have been able to fit in quite Ken McCurdy 71 and 84 Kennedy Street Page 5 April 28, 2006 well with the surrounding neighbourhood. One example of which is the H.H. Hickman & Sons Plumbing & Heating building located at the corner of Main and Kennedy Streets. In light of the above, and the fact that the records of the Building & Technical Services Department do not indicate that any complaints have been received concerning the Service Master business, the proposed Plan and Zoning amendments can be supported so long as Council imposes conditions limiting the property to its current use of offices for a cleaning service including incidental cleaning on the premises, warehousing and indoor parking facilities. Any change in use would require a subsequent amendment, at Council's discretion, and would provide an opportunity neighbouring landowners to raise their concerns. As mentioned previously, the applicant has also requested that the property at 84 Kennedy Street be re- designated and rezoned in order to permit the site to be used as a parking lot for his employees. A parking area is a permitted use in the "I -1" Light Industrial zone but is subject to such terms and conditions as may be deemed reasonable by the Committee. Although the use of the property as a parking lot appears to alleviate the amount of vehicles parking on the street, there are aspects of the current use that do not conform to the provisions of the Zoning By -law. Specifically, the Zoning By -law requires landscaped strips with a minimum width of 3 metres (10 feet) and 1.5 metres (5 feet) along the side and rear property lines respectively. An additional buffer of 6 metres (20 feet) is required along the front property line, except where the driveway entrance is located. Due to severe topographical constraints, the amount of land on the property that can be used for parking is limited and this has contributed to a deficiency in the amount of land available for landscaping as well. Other than a landscaped strip approximately 2.2 metres (7.2 feet) wide along the northern property line there is no discernable vegetation on the site. Although less than the required 3 metre width, this buffer follows an embankment and does contain some shrubbery to prevent the vehicles' headlights from spilling over onto the adjacent property and appears to be adequate. The property rises towards the rear before dropping off steeply towards the Power Boat Club property. This change in grade acts as a natural buffer and further landscaping at the toe of slope (i.e., along the rear of the property) would not be reasonable. Along the southern property line is a retaining wall and embankment that limits the area that could be used for landscaping in this area. Due to the change in grade, however, it is recommended that a guardrail be placed along the top of the retaining wall and embankment to ensure safety during slippery winter driving conditions. Concerning the landscaping buffer at the front of the property, the topography limits the configuration of both the drive aisle and the parking spaces. In order to provide a reasonable amount of parking spaces on the lot, the current configuration is probably the most suited Ken McCurdy Page 6 71 and 84 Kennedy Street April 28, 2006 although it requires drivers to back out onto Kennedy Street. The current parking layout could also provide for a landscaped area in the triangular area formed between the edge of the curb on Kennedy Street and the first parking space. The recommended Section 39 conditions require a detailed site and drainage plan and the above - mentioned variances will be incorporated in the parking layout. Typically, site and drainage plans include the required cast -in -place concrete curbing around the entire paved area. However, given the grade changes on the site, as well as the limited lot area, it is recommended that the curbing be reduced to a section defining the driveway entrance and landscaped area at the front of the lot. CONCLUSION: Given that the business has been established at 71 Kennedy Street for a number of years, without complaint, the proposed Municipal Plan and Zoning amendments can be supported, with the above - mentioned conditions restricting the use of the property. Although the parking lot at 84 Kennedy Street was established without prior approval and does not meet all of the provisions of the Zoning By -law, it does reduce the on- street parking congestion. PF Project No. 06 -014 PLANNING AND DEVELOPMENVURBANISME ET OLVELOPPEMENT P ,jai fl r "III I. L It.& I T. 11C IL T 4S. 4" t T 19 r "L K01 7 1. A 4L W, T ir - L 'P IV R Ni - 1 t�.ject S i `eisi to en quest on,- P I D(s);N I �1(6): 0037� 1 O� & 7 0031 7218 Location: 71 & 84. Rie Kennady Street Date- April 1'avr il 18, 2036 Sc.alla!6chelle: Not toscale/Pas A V6chelle IL LU ^ \ \\ � �� � . PA . _\ \ BY -LAW NUMBER C.P. 105 -4 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 440 square metres, located at 14 Castle Street, also identified as being PID Number 14506, from Medium Density Residential to Major Community Facilities classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor /Maire ARRETE No C.P. 105 -4 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du Conseil communal, The City of Saint John a edicte ce qui suit : L'arrete relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par : 1 la modification de I'annexe 2 -C, relative an plan d'utilisation future des terres, afin de faire passer la designapion d'une parcelle de terrain d'une superf�cie d'environ 440 metres carres, situee au 114, rue Castle et portant le NID 14506, de zone r6sidentielle de densit6 moyenne a zone d'installations collectives majeures; I - toutes les modifications sont indiqueesisur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint J�hn a fait apposer son sceau communal su le present arrete le 2006, avec les signatures suivantes: i Common Clerk/Gref3ier communal First Reading - April 24, 2006 Premiere lecture - 24 avril 2006 Second Reading - April 24, 2006 Deuxieme lecture - 24 avril 2006 Third Reading - Troisi6me lecture - PLANNING AND DEVELOPMENT/ URBANISME ET I)MLOPPEME T MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT Amending Schedule 2 -C Modifiant annexe 2 -C If i I� S � / fe rd D r ���� / // % / ao A �4e �..�! FROM / DE TO / A Medium Density Residential Major Community Facilities residentielle de densiti§ moyenne d'6quipement collectif majeur; IIi I Applicant: Atlantic Health Sciences Corporation Location: 14 rue Castle Street i I PID(s) /NIP(s) 00014506 I Drawn By /Cr66e Par: Tamara Duke Date Drawn /Carte Creee: April 25 avril, 2006 Reoommended by P.A.C./Recommand6 par le C.C.U.: April 18 avril, 2006 Enacted by Councll/Approuve par le Conseil: Approved by Minister /Approuv(§ par le Ministre: Filed in Registry Office/Enregistre le: BY -LAW NUMBER C.P. 110 -7 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE N° C.P. 110 -7 ARRETE MODIFIANT VARRE' SUR LE ZONAGE DE THE CITY SAINT JOHN Lors dune reunion du ( communal, The City of Saint J decrete ce qui suit The Zoning By -law of The City of Uarrete sur le zonage de The ity Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf 19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 14 Castle Street, having an area of approximately 440 square metres, also identified as being PID No. 00014506, from "RM -1" Three Storey Multiple Residential to "IL -2" Major Institutional classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. 1 La modification de I'annexe ok Plan de zonage de The City of Saint Joh le rezonage d'une parcelle de terrain situ au 14, rue Castle, d'une superficie approximative de 440 metres carres, identifiee sous le NID 00014506, afin di faire passer la classification de zone d'edifices a logements multiples de troi; etages uRM -1» a zone conforrrement une resolution adoptee par le conseil municipal en vertu de Particle 39 de la I sur Purbanisme d'equipement collectif majeur « IL -2 ». - toutes les modifications sont indiquee sur le plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint In Saint John has caused the Corporate a fait apposer son sceau communal s r le Common Seal of the said City to be affixed present arrete le 2 06, to this by -law the * day of *, A.D. 2006 avec les signatures suivantes: and signed by: Mayor /Maire Common Clerk/Greffier communal First Reading - April 24, 2006 Premiere lecture - 24 avril 2006 Second Reading - April 24, 2006 Deuxieme lecture - 24 avril 2006 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT URBANISME ET DI=VELOPPEME T REZONING 1 I ILEZONAGE Amending Schedule " V of the Zoning By -Law of the City f Saint John Modifiant Annexe «A du Rdg/ement de zonage De The Cit of Saint John e rr �. r d � / �, �� w Cd W 7 0/1 h9 St d i, FROM /DE T /A RM -1 -Three Storey Multiple FUE IL -2 - Major Institutional Residential RR d'Aquipement collectif majeu rdifices A logements multiples de trois Atages 1 Pursuant to a Resolution under Section 39 of the Community Planning Act 7� Conform6ment A une resolution adopt&e par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisnie Applicant: Atlantic Health Sciences Corporation Location: 14 rue Castle Street PID(s) /NIP(s) 00014506 O6N -98NW Drawn By /Cr66e Par: Tamara Duke Date Drawn /Carte CrL&6e: April 25 avril, 2006 Recommended by P.A.C. / Recommandb par le C.C.U.: April 18 avril, 2006 Enacted by Council/Approuv6 par le Conseil: Filed in Registry Office /Enregistre le: SECTION 39 14 That, pursuant to the provisions of Sectio the proposed development of the parcel c having an area of approximately 440 squ Number 00014506, be limited to the use any structure thereon must be developed proposal and condition identified herein. STREET 39 of the Community Planning Ac , land located at 14 Castle Street, e metres, also identified as being ID a parking lot, and that the land a d nd used in conformity with the BY -LAW NUMBER C.P. 110 -12 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 110 -12 ARRETE MODIFIANT L'ARRE' SUR LE ZONAGE DE THE CITY SAINT JOHN Be it enacted by The City of Saint Lots d'une reunion du John in Common Council convened, as communal, The City of Saint follows: decrete ce qui suit : The Zoning By -law of The City of L'arr@te sur le zonage de The Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 125 Daniel Avenue, having an area of approximately 5750 square metres, also identified as being PID No. 55176457, from "R -IA" One Family Residential to "R -2" One and Two Family Residential classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act - all as shown on the plan attached hereto and forming part of this by -law. 1 La modification de ]'annexe < Plan de zonage de The City of Saint J permettant de modifier la designation d parcelle de terrain situee au 125, av4 Daniel, d'une superficie approximatiw 5750 metres canes, identifiee sous le 55176457, de zone residentielle habitations unifamiliales <<R-IA)) a residentielle — habitations unifamiliak bifamiliales «R -2n conformement A resolution adoptee par le conseil muni< en vertu de ]'article 39 de la Loi Purbanisme - toutes les modifications sont indiquees le plan ci -joint et font partie du present arrete, j m et IN WITNESS WHEREOF The City of EN F01 DE QUOI, The City of Saint J hn Saint John has caused the Corporate a fait apposer son sceau communal sut le Common Seal of the said City to be affixed present arr &6 le 2 06, to this by -law the * day of *, A.D. 2006 avec les signatures suivantes: and signed by: Mayor /Maire Common First Reading - April 24, 2006 Second Reading - April 24, 2006 Third Reading - communal Premiere lecture - 24 avril 2006 Deuxie'me lecture - 24 avril 2006 Troisieme lecture - PLANNING AND DEVELOPMENT URBANISME ET Dr-VELOPPEME T REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of the Cit of Saint John Modifiant Annexe «AN du Reglement de zonage de The City of Saint John j Martin 01- 1 oft I - I I 1 Grant Gr. /� / i U {01 Pa. an It V °A A A � L \ / ositc` c � w p FROM DE TO /A R -1A - One Family Residential R -2 -One and Two Family Resident al r6sidentielle- habitations unifamiliales residentielle- habitations unifamiliales et bifamiliales 1 Pursuant to a Resolution under Section 39 of the Community Planning Act 7f Conformitiment 6 une resolution adopt6e par le Conseil municipal en VertL de I'article 39 de la Loi sur I'urbani me Applicant: Spectrum Enterprises Ltd. Location: 125 avenue Daniel Avenue P I D (s) /NIP (s): 55176457 07N -60SE Drawn By /Creee Par: Tamara Duke Date Drawn /Carte Creee: April 25 avril, 2006 Recommended by P.A.C. /Recommand6 par le C.C.U.: April 18 avril, 2006 Enacted by Council/Approuve par Its Conseil: Filed in Registry Office /Enregistre le: SECTION 39 125 That, pursuant to the provisions of Sectio the proposed development of a parcel of 5750 square metres, also identified as be two- family garden home development be the proposed lot that abuts the property a 55054258) is restricted to a one - family d% rezoning the area, the land and any build developed and used in conformity with th herein. AVENUE 39 of the Community Planning A t, nd having an area of approximately ig PID No. 55176457, with a one- anc ubject to the condition that the use of 151 Daniel Avenue (PID No. filling, and further that upon the g or structure thereon must be proposal and condition identified May 4, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councillors, Re: Recreation Services — Crescent Valley Update I am requesting a report from the City Manager on the status of Recreational Service and Facility improvements that were planned and approved for the residents of the Crescent Valley area. Respectfully submitted, Peter McGuire Councillor May 8, 2006 Mayor Norm McFarlane and Councillors Subject: Federal Investment in Public Transit I put forth the following for Council's consideration: WHEREAS public transit provides essential and universal mobility to residents within Canada's urban areas, and; WHEREAS public transit increases roadway capacity by offering people a transportation choice other than the automobile, and; WHEREAS public transit reduces greenhouse gas emissions and air pollution, and; WHEREAS transit infrastructure investment needs for Canadian transit systems in the period 2006 -2010 stand at $20.7 billion, with over $5 billion of this amount not fundable under current programs, and; WHEREAS municipalities have inadequate revenue tools to finance the full cost of transit infrastructure; THEREFORE BE IT RESOLVED that this Council call on the Federal Government to: Make permanent the federal investment in public transit provided under the Public Transit Capital Trust announced in Budget 2006; Ensure that this investment is distributed equitably to all transit systems across Canada; Ensure that this investment is over and above any existing federal or provincial funding already in place. I request Council's support of the above resolution. C.T. Titus Councillor May 2, 2006 Your Worship, Deputy Mayor and fellow Councillors; I would like to recommend that this letter be submitted to the Saint John Harbour Bridge Authorty for implementation. That the Harbour Bridge Authorty place 25 locations around the toll bridge for the reduce congestion for customers. Regards, (Received by e -mail) Jay -Young Chang Saint John City Councillor km /h road signs at suitable safety of employees and to May 4, 2006 Your Worship, Deputy Mayor and fellow Councillors, Subject: Natural Forms of Energy I am asking for Council's support on this issue and move the following: 1. That all new buildings constructed for the City of Saint John, including the New Police Complex be subjected to feasibility studies on natural forms of energy usages such as solar, wind, etc. to demonstrate our commitment to the environment and secure our position as the energy hub of Atlantic Canada. 2. Instruct the City Manager to investigate all funding programs available from FCM, the Province and the Federal government to assist Saint John in taking a leadership role on this issue. Regards, (received by e -mail) Jay -young Chang City Councillor www.saintjohn.ca May 3, 2006 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Mayor, Deputy Mayor and fellow Councillors: l Background: The City of Saint John and the Province of New Brunswick are currently experiencing increasingly challenging recruitment issues. The combined result of out - migration and an aging population is resulting in a reduction of skilled workers across the province. By 2011, we will witness a 17% increase in retirees. Who will be their replacements? The short-term recourse is to increase wages according to the market, but to what extent and how many times, as demand for these workers increase across the country. Over the next 6 years, we will continue to be in the middle of a reality we are currently witnessing, yet at a more severe level. Skilled workers have more choices and for this organization to remain competitive we have to make hard choices. It's getting to the point where it's becoming unfeasible to hire the most qualified person to do the job, but settle for the person who may eventually be able to do the job. A study performed by Gwen McKay, stated that "Saint John population is expected to decline by 3.2% or 3,897 people between 2000 and 2025 due to deaths. The 65+ age cohorts will almost double from 17,177 to 30,107 (75.3% increase) and represent 25% of the total population compared with only 14% in 2000." This information is essential for all citizens and this Council to understand. In 6 years, we will see the dynamic of an unsustainable economy. We WILL NOT be able to sustain ourselves in the future. Health care costs will increase, the brain drain will accelerate and the tax base will drop while expenses will increase as we care for our aging population. "We must aggressively pursue select initiatives to offset imminent demographic impacts if we want to emerge as a robust, vibrant community sustainable in an increasingly global economy." This is a challenge that should be on the minds of all and we should take steps to ensure our readiness. The answer is that "Saint John must strategically position itself to proactively attract and retain immigrants as a priority component of its economic development strategy." As a city we must create an atmosphere of acceptance, openness and patience. We must engage and be leaders. Life will not get easier for employers - big, medium or small. In 6 years, we will feel the pressure of having our work force demand higher wages and incentives because head hunters are promising greener pastures elsewhere. Saint John should take the lead and Mayor, Deputy Mayor and fellow Councillors: May 3, 2006 Page 2 champion these immigration initiatives creating a clearer path for other businesses to follow suit. Immigration must be a priority for Saint John, waking up to the truth that our population is in fact declining. At the same time we can lessen the impact if we act together in a co- coordinated effort with the stake holders. I move that the City Manager perform the following tasks, 1. Converse with all stakeholders including the Saint John Immigration Board, Enterprise Saint John, and our federal and provincial counterparts etc. to devise a strategy to proactively offset our eventual demographic fate, with respect to actively pursuing employees internationally to fill vacancies within the establishment. 2. Initiate a leadership role in creating a perception of transparency and acceptance by using ethnic and international reference in 50% of all city publications, including advertisements, tourism brochures etc. to complement the City's proactive position on immigration - A reference such as a photo, a quote, various types of businesses, individual profiles, etc., any type of information that describes Saint John as a multicultural community. Respectfully submitted, (Received by e-mail) Jay -young Chang City Councillor SAINT JOHN IMMIGRATION STRATEGEM 2004-2007 EXECUTIVE SUMMARY Submitted by: & AMULET 678 Charlotte Street Fredericton, NB E3B 1M3 Tel: (506) 451 -9021 Fax: (506) 454 -1607 Email: gwen.mckay@amulet.nb.ca October 2004 SAINT JOHN IMMIGRATION STRATEGEM EXECUTIVE SUMMARY REGIONAL CAPACITY ANALYSIS Canadian Demographic Realities • Greying • Declining natural population growth • Urbanization Canadian Immigration 1900 —2000: 12 million immigrants TODAY: estimated 230,000 /annum • 60% Economic • 29% Family • 11% Refugees • 94% urban magnets • Toronto: 47% • Vancouver: 17% • Montreal: 12% New Brunswick and Saint John Demographic Realities • Population decline: out - migration by educated young people exceeds in- migration • Greying • 50:50 urban : rural split • Impacts on economic development • Fiscal challenges • Attractiveness for business /economic development • Workforce skills: quantity and quality New Brunswick and Saint John Immigration • New Brunswick: 700 -800 immigrants /annum • Skilled workers: 33% • Refugees: 23% • Family: 25% • Provincial Nominees: 15% • Business: 5% NOTE: approximately half are English speaking and 40% do not speak English or French • Saint John 2003: 123 immigrants • 34% Refugees • 28% Skilled workers • 22% Family class • 16% Provincial Nominees Saint Jahn Immigration Strategem 2004 - 2007 Executive Summary Page 1 Community Immigration Best Practices • Government leadership, commitment, resources and collaboration at all levels and at every stage of the immigration continuum • Respected community champions • Community consensus • Public awareness and education about: • Community economic challenges and rationale for immigration • Socio- economic benefits of immigration ■ Settlement barriers and stresses all newcomers face: economic immigrants, refugees, parents, children/youth, etc. • Immigration strategy driven by economic mandate • Integrated social and economic policies • Engagement and active involvement of ethnocultural communities • Encouragement of family /friends sponsorship • Full and equitable access by immigrants to economic opportunities • Business community leadership, commitment and workplace participation • Marketing that consistently communicates key immigrant: community match criteria and resources to facilitate enquiry and application processes • Recruitment balance in ethnocultural diversity, immigrant category, age /gender, etc. ■ Long term resources Saint John Immigration Capacity Analysis Strengths: • Investing in People: Community Growth Strategy focus • Immigration: Community Growth Strategy priority • Immigration Support Team • Proposed Waterfront Development Project • Increased number of prospective immigrants • Immigration consultants • International students • Civic and business awareness of importance, benefits and opportunities from immigration • Media profile about immigration Issues: • Reactive response • Highly fragmented with gaping holes • Driven by perceived need to respond to any and all potential immigrants • Minimal siloed settlement/integration services that are severely under- resourced • Invisible to civic and business communities Saint John Immigration Strategem 2004 - 2007 Executive Summary Page 2 Opportunities: • Tap into regional knowledge, expertise, networks, etc. • Leverage Saint John assets and resources effectively through collaboration and co- operation • Focus on select immigration opportunities /activities that match Saint John economic, settlement /integration and social inclusion capacity • Match individual/family immigrants to Saint John realities • Invests in long -term retention by developing and sustaining high quality professional integration capacity. • Aggressively manage immigration as a community economic necessity. Threats: • Myopic perspective on globalization and multicultural diversity • Continued silo approaches to immigration that stretch limited resources and do not achieve full community social, cultural and economic returns on investment • Focus on short term immigration "quantity" objectives and ignore long -term immigration capacity- building IMMIGRATION STRATEGEM FRAMEWORK Purpose: overarching direction to effectively co- ordinate Saint John immigration and internationalization efforts to maximize economic, cultural and social benefits to the region Goals: • Build Saint John capacity to attract, recruit, settle and integrate immigrants • Recruit and retain significant numbers of immigrants to have a notable positive impact on regional demographics, workforce capacity and entrepreneurial activity Principles: 1. Long -term commitment and resources 2. Collaborative stakeholder goals and focused priorities. 3. Multi - stakeholder responsibility and accountability to pool resources to achieve significant socio- economic retums -on- investment. 4. Integrated, client - driven service approach. S. Strategic win -win regional, provincial, national and international partnerships. 6. Strategic management. Framework: The Immigration Strategem is founded on a singular regional thrust that demands collaboration, cooperation and seamless integration of multi - stakeholder expertise and resources (Figure 1). Saint John Immigration Strategem 1004 -1007 Executive Summary Page 3 \ J } ) ! |#, }\ 72 k | $ !,! I \ /)\ /� /� /� u !! )/ \\ !� ! �§ !e! ©\ \ \ k & - ) e & CO \ 4 E 7 - 2 \ ) / ! |#, }\ 72 k | $ !,! I \ /)\ /� /� /� u !! )/ \\ !� ! �§ !e! ©\ � / k k � \ izk ) i m k & - ) � / k k � \ izk ) i m ) ) \N \� \ \) B� ƒ) ]) . ) ` &) ■ � »a IF �) / $ !)I « { « ;r E! k §t @7 \ 7i e; \) )> I Capacity- Building: 12 interdependent community capacity - building blocks that must be equally developed and fully integrated to support sustainable immigration success. CAPACITY BUILDING BLOCK 2004 -2007 GOAL CRITICAL ELEMENTS Community Assets and Comprehensive, readily • Immigration expertise Resources accessible, user - friendly, just -in- • International expertise time database of Saint John • International experience, immigration assets and resources • Immigration resources: programs, services, etc. • Infrastructure resources • International leadership participation • Communi volunteers Community Internationalization Community knowledge of and • Continuous immigration/ commitment to economic, social diversity awareness and and cultural diversity and education inclusion • Community events that celebrate diversity Immigration Advocacy Five year pilot program to • Federal, provincial and demonstrate, test and evaluate regional leadership and innovative immigration committed resources for the approaches five year pilot • Supportive GNB immigration strategy • Federal and provincial readiness to enable innovative policies, programs and processes to support pilot program • Start-to- finish pilot program research, analysis and reporting Infrastructure Newcomer Cultural Resource • Sustainable newcomer Centre cultural resource centre that integrates multi- agency welcome, orientation, settlement, employment and business development resources Saint John Immigration Strategem 2004 — 2007 Executive Summary Page 6 CAPACITY BUILDING BLOCK 2004 -2007 GOAL CRITICAL ELEMENTS Community Volunteer Citizen, employer and employee • Inventory of volunteers Development volunteers. • Volunteer recruitment, communication, training, management and recognition processes. Saint John Economic Advantages Accurate, reliable, and timely • Employer projected labour Saint John economic advantages force shortages by for immigrants occupation • Workforce development strategies for resident education/training and repatriation • Workforce supply:demand planning tool(s) • Foreign investment strategy • Confidential business opportunities portfolio Immigrant Identification, Immigrant: Saint John matching • Immigrant: Saint John Selection and Recruitment processes feasibility assessment • Recruitment efforts • Geographic and ethnocultural target marketing • Crafted site visits by potential immigrants Immigrant Welcome and Comprehensive community • Integrated, community- based Orientation welcome and orientation welcome and orientation from resources point of immigrant arrival through stages of adaptation Immigrant Settlement and Comprehensive and fully • Multi- agency system Integration integrated immigrant approach to service delivery settlement/integration resources • Multi- agency People Oriented Planning (POP) • Continuous and enhanced settlement and integration programs /services • Readily accessible cultural resource centre Saint John Immigration Strategem 2004 —1007 Executive Summary page 7 May 5, 2006 Your Worship Mayor McFarlane and Councillors, Subject: 2006 Census Many federal and provincial programs including the Employment Insurance Act, Canadian Charter of Rights and Freedoms, Canada Pension Plan, Official Languages Act, Old Age Security and Child Tax Benefit use census information. Census data are also used in calculating transfer payments from the federal government to the provinces and territories, and from the provincial /territorial governments to municipalities. Census data are vital to all municipalities for: • used to calculate transfer payments from the federal government to the province, and from the provincial government to municipalities • make policy decisions about our economic and social needs • assess the need for community programs and services • for planning public transportation, fire and police protection • planning public services such as subsidized housing, education, employment and training programs • developing policies relating to municipal infrastructure, barks, economic development, future developments and growth management • determining municipal boundary and electoral areas I request that Council support the following resolution: Be it resolved that the Common Council of The City of Saint John supports the 2006 Census and encourages all residents to complete their census forms online at www.census2006.ca or by mail by Tuesday, May 16, 2006, so that accurate and complete data will be available to support programs and social services that benefit us all. Respectfully submitted, P. McGuire Councillor F- 13 -06 -E 06 -01 -13 06 -01 -11 F- 13 -06 -E 06 -01 -13 06 -01 -11 May 4, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councillors, Re: Town Hall Meeting — Loch Lomond Villa The next Town Hall meeting will be held on Tuesday May 30, 2006 at 7:00 pm in the Auditorium at Loch Lomond Villa. The general focus of this meeting will be on disability issues facing our citizens. I would like to extend an invitation to one and all to attend this session to share their concerns. I am pleased to advise that this Town Hall meeting will be supported by a number community based services with refreshments provided by Simply Good Catering, interpretation Services for the deaf provided on site and transportation services from Handi -bus will be provided by the Ability Advisory Committee. This is part of Council's ongoing efforts to consult with the community on a regular basis and I encourage you to mark Tuesday, May 30 at 7:00 pm at the Loch Lomond Villa in your calendars. Respectfully submitted, Peter McGuire Councillor May 8, 2006 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Fellow Councillors, Re: NBCC Funding Campaign The New Brunswick Community College will be making a presentation to Council seeking support for their funding campaign. The City has supported similar requests from the Atlantic Health Sciences Corporation and the University of New Brunswick. The NBCC in Saint John plays a vital role in the development of our community in terms of educating our students, meeting the needs of our employers and supporting a range of development initiatives. I believe City support for the NBCC Campaign is warranted and I am requesting that Council consider making a contribution to their campaign. Respectfully submitted, C. Titus Councillor REPORT TO COMMON COUNCIL f City of saint I-oh n M & C — 2006-116 5 May 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: ASPHALT PLANER FOR MT TRACKLESS MACHINE BACKGROUND: The Works Division of the Municipal Operations Department are in need of three (3) asphalt and concrete cold planer attachments for the MT5 trackless sidewalk units presently in the City's fleet. The cold planer attachment is used for repairs to asphalt abutting manhole covers, curbsides, gutters and driveways and can also be used to repair potholes and utility cuts. The purchase of these 3 units will expand and enhance the roll of the trackless machines by allowing them to be used year round. ANALYSIS: Attachments for the MT Trackless equipment are only available from an authorized Trackless dealer and at present there is only 1 Trackless dealer in the Maritimes. Not withstanding this, staff called bids in the hopes that an after market dealer would have access to used attachments in good condition. Unfortunately that did not prove to be the case as only one bid was received in response to the tender call. The tender received was from Saunders Equipment Ltd. and did include the option to purchase 1 used/demonstrator unit. Page Two FINANCIAL IMPLICATIONS: The cost of the (3) asphalt planer attachments for the MT trackless vehicles, if awarded as recommended, ie for 1 used unit at a cost of $21,780.00 and 2 new units at a cost of $23,280.00 each, will be $68,340.00 plus tax. Funds to cover the cost of this equipment are included in the Municipal Operations annual operating budget. RECOMMENDATION: It is recommended that the tender of Saunders Equipment Ltd., in the amount of $68,340.00, plus tax, for the supply and installation of 1 used and 2 new asphalt planer attachments for the MT trackless vehicles be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Commissioner of Finance T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL M & C — 2006-114 5 May 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Replacement Fire Apparatus - Update BACKGROUND: f City of saint J1--oh iI At its regularly scheduled, open session, meeting of Monday April 24, 2006 Council approved the recommendation of staff for the purchase of 3 replacement fire trucks. Staff as a result of a proposal call, for used or demonstrator trucks, and after evaluating several units chose to recommend 1 used pumper rescue unit, 1 used pumper unit and 1 demonstrator pumper unit as offered by E -One Canada Ltd. Unfortunately the City of Saint John was not the only municipality interested in these trucks and as much as we attempted to get assurances from the dealer we were working with, one of the three units is no longer available. Staff apologizes for the confusion surrounding the purchase of these replacement fire units, however as much as we attempted to ensure delivery of all 3 units it is the standard practice, given the financial investment on the part of the builders, to only guarantee delivery upon receipt of a purchase order. ANALYSIS: Through the efforts of the E -One representatives, the Deputy Fire Chief and staff of Materials and Fleet Management another truck has been located. Page Two ANALYSIS ... Cont'd; A stock model pumper truck of similar configuration to the lost unit is in production in the E -One factory. E -One have offered, after much discussion and negotiation, to modify this new truck to meet the minimum requirements of the Saint John Fire Department at a significantly reduced cost. And while the end price is higher than that of the previously selected unit, this truck has many advantages over the other truck. It is a new 2006 model unit, not a 2005 used demonstrator truck. It comes complete with a Foam Pro 30 gallon foam tank and delivery system that exactly matches the system employed by the Saint John Department. The previous truck had a foam system but it was limited in the type of foam to be used and not completely compatible. The 425 hp Cummings engine is slightly larger and more powerful than the 400 hp engine in the 2005 truck. It has a new truck warranty and is fully compliant with the new emission control regulations. As well, this new truck, as did the 2005 demo truck, comes complete with a new set of Hurst HRT Jaws of Life. This last option is a much needed requirement of the Fire Department that was originally scheduled for funding in 2006 but which had to be set aside given the funding requirements of the more critical apparatus replacement. FINANCIAL IMPLICATIONS: The previously recommended, 2005 used fire pumper truck had a cost, after alterations, of $319,207.84, plus tax. The replacement, 2006 unit, has a final total cost of $362,060.31, plus tax. This cost is still significantly lower than the estimated cost for a tendered unit and will be available to the Saint John Fire Department in September 2006. This delivery is also significantly quicker than the normal 8 to 10 month delivery window for a new tendered unit. In addition to this, the dealer, given the fact that he was unable to hold the second truck for us and that the City has had to remove 2 units from service, is going to provide the City with the loan, at no cost to the City, of a used fire pumper to be placed in reserve service until the new unit arrives. Council, during the review of the 2006 Capital Budget included $700,000.00 for the purchase of 2 replacement fire pumpers. The total revised cost to replace these 2 units with 1 previously approved, used unit at a cost of $321,319.00 and 1 proposed new unit at a cost of $362,060.31 is now $683,379.31, plus tax. Page Three RECOMMENDATION: It is recommended that Council withdraw its approval of April 26, 2006, to purchase the used 2005 fire pumper truck from E -One Canada Corp. in the amount of $319,207.84 and further that Council accept the offer of E -One for the purchase of 1 only 2006 Typhon style fire pumper truck in the amount of $362,060.31, plus tax. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Commissioner of Finance T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL f City of saint I-oh n M & C — 2006-113 5 May 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Trailer Mounted Automated Valve Operating System BACKGROUND: The Water and Sewerage Department currently have a truck mounted Valve Operating system. This equipment is approximately 15 years of age and has reached the end of its useful life expectancy. The decision was made by staff of the Water and Sewerage department to purchase a trailer mounted system rather than a truck mounted system for two reasons. 1.) When the truck is down for repair, the valve operating system is also out of commission unlike a trailer mounted system which could be hauled by another vehicle. 2.) There is a substantial cost associated with the transfer of a truck mounted system to a new truck when the vehicle is replaced. ANALYSIS: Due to the specialized nature of this equipment the tender call was issued for a WACHS Trailer Mounted Valve Maintenance System or an acceptable equivalent system. Not withstanding this, bids were received for the WACHS system only. Page Two FINANCIAL IMPLICATIONS: The cost of the trailer mounted valve maintenance system, if awarded as recommended, will be $59,744.72 plus tax. Funds to cover the cost of this equipment are included in the annual operating budget of the Water and Sewerage Division. RECOMMENDATION: It is recommended that the tender of Saunders Equipment Ltd., in the amount of $59,744.72, plus tax, for a trailer mounted valve maintenance system for the Water and Sewerage Division of the City of Saint John be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Commissioner of Finance T.L. Totten, FCA City Manager City of Saint John Tender 2006- 259002T VALVE MAINTENANCE SYSTEM DESCRIPTION SAUNDERS EQUIPMENT LTD. Tendered Price for Valve Maintenance System $59,744.72 M &C2006- 108 May 3, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT CONTRACT 2006 -8: MILL ROAD VAULT — VALVE RENEWAL BACKGROUND This Contract consists of a project that is approved in the 2006 Water & Sewerage Capital Program as follows: 1. At Chamber No. 33 —Mill Road, renew the 600mm back pressure sustaining valve on the 600mm transmission main. TENDER RESULTS Tenders closed on May 2, 2006 with the following results: 1) G. N. LeBlanc Construction Ltd. $106,000.00 Grand - Barachois, NB 2) Fairville Construction Ltd. $108,600.00 Saint John, NB The Engineer's estimate for the work was $100,000.00. ANALYSIS The tenders were reviewed by staff and the tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. M & C 2006 -108 May 3, 2006 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital work project. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $100,000.00 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $96,334.37, including the City's eligible HST rebate - a $3,665.63 positive difference in the Water & Sewerage Utility Fund Capital Program. RECOMMENDATION It is recommended that Contract 2006 -8: Mill Road Vault — Valve Renewal be awarded to the low tenderer, G.N. LeBlanc Construction Ltd., at their tendered price of $106,000.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J.M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering M & C 2006 - 115 May 4, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT CONTRACT 2006 -3: NEWMAN STREET — VICTORIA STREET WATER & SEWER CONSTRUCTION AND STREET RECONSTRUCTION ROTHESAY ROAD (ROUTE 100) — ROAD RECONSTRUCTION PROVINCIALLY DESIGNATED HIGHWAYS IMPROVEMENT PROGRAM BACKGROUND This Contract consists of projects that are approved in the 2006 Water & Sewerage Capital Program and under the 2006 General Fund Capital Program as follows: 1. A 200mm watermain on Newman Street, from Adelaide Street to Civic #210, to replace an existing watermain which is in poor condition. 2. A 300mm storm sewer on Newman Street, from Adelaide Street to Civic #210, to separate storm flow from sanitary in accordance with the City's separation policy. 3. A street reconstruction on Newman Street, from Adelaide Street to Elgin Street, which includes curb, sidewalk, traffic lights, cold milling and paving. 4. A street reconstruction on Victoria Street, from Adelaide Street to Durham Street, which includes curb, sidewalk, landscaping, trees, cold milling and paving. 5. A road reconstruction on Rothesay Road (PDH #100), at Ashburn Road (Drury Cove Road) intersection, which includes raising the road elevation. M &C2006- 115 May 4, 2006 Page 2 TENDER RESULTS Tenders closed on May 3, 2006 with the following results: 1) Galbraith Construction Ltd. Saint John, NB 2) Lafarge Canada Inc. Saint John, NB The Engineer's estimate for the work was $506,016.00. ANALYSIS $607,425.00 $681,035.77 The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The contract includes work that is charged against five different capital work projects with the Newman StreetNictoria Street projects being funded by the City and the Rothesay Road project being funded by the Province as follows: • Newman StreetNictoria Street (City) 355,000 • Rothesay Road (Province) 110,000 TOTAL: $465,000 Assuming award of the contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on the projects that will be performed by City forces and others. The analysis conludes that the anticipated completion cost of the work specified, incorporating in the eligible HST rebate, is estimated to be approximately $603,300. • Newman StreetNictoria Street (City) 414,600 • Rothesay Road (Province) 188,700 TOTAL: $603,300 M &C2006- 115 May 4, 2006 Page 3 FINANCIAL IMPLICATIONS (CONT'D) Staff have contacted the Province and provided them with the tender closing results and they have given their approval to proceed with the Rothesay Road project. At this time, the Province is unable to give a firm commitment that they will fund the entire cost of the Rothesay Road project beyond the original approved $110,000 budget but the Province has requested the City provide the final cost invoices to the Province for consideration. It has been our experience with similar projects in the past that the full project cost is recovered although it may take until 2007 to process the invoices. If the additional $78,700 ($188,7004110,000) is not covered by the Province then staff will identify an offset within the existing approved 2006 General Fund Program Transportation category to cover the additional costs. Staff will provide a follow -up report to Council for their approval identifying any funding adjustments. The current analysis concludes that a total amount of $465,000 ($355,000 City share and $110,000 Provincial share) was provided in the budgets and that the projected completion cost of the projects included in the contract are estimated to be $603,300 including the City's eligible HST rebate — a $32,000 negative difference in the Water & Sewerage Utility Fund Capital Program and a $106,300 negative difference in the General Fund Capital Program. The budget shortfalls can be managed within the overall Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program budget envelopes for 2006. RECOMMENDATION It is recommended that Contract 2006 -3: Newman Street — Victoria Street: Water & Sewer Construction and Street Reconstruction, Rothesay Road (Route 100) — Road Reconstruction - Provincially Designated Highways Improvement Program be awarded to the low tenderer, Galbraith Construction Ltd., at their tendered price of $607,425.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J.M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering OPEN SESSION M &C2006 -119 May 4, 2006 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Removal of Hydrocarbon Impacted Soil, Lantic Sugar BACKGROUND As Council is aware, the City of Saint John entered into an agreement with Lantic Sugar approximately four years ago. This agreement resulted in the City arranging and supervising the demolition of the buildings and subsequently being the owner of the lands. Lantic Sugar provided $1 million to the City as a contribution toward the demolition and remediation costs. At the time the agreement was reached the City of Saint John acknowledged that the funding provided by Lantic Sugar would not be sufficient for all the work that was required at the site. Council was advised that the City of Saint John would expend between $100,000 and $200,000 making the lands ready for development. This process has been underway even before demolition of the structures had begun. City staff, in consultation with a specialized consultant, have been working with the Province of New Brunswick in an effort to get an "all clear" from the Department of the Environment. This is essentially a brownfield site. This means that there are some pollutants on the site; however with proper treatment development can occur. Presently, there are two outstanding issues to be resolved with the Province of New Brunswick. One issue relates to heavy metal contamination in certain areas which were probably the result of operations by a foundry in years past. Staff believe that this is an issue that can be readily resolved simply by covering the area with soil, asphalt, or other medium. The City has proposed this solution to the Province and are awaiting a response. M & C 2006 —119 - 2 - May 4, 2006 The second issue relates to the subject matter of this report, i.e., hydrocarbon impacted soil. In the area immediately below and surrounding the old boiler house at Lantic Sugar, the soil contains residue from years of fueling the refinery. Although the City has on a continuing basis pumped groundwater from the site, results have shown that in an area representing approximately 700 or 800 metric tonnes of earth, the residual hydrocarbons have not been substantially reduced. The City's consultant has estimated that the pumping of groundwater would have to continue for 50 to 100 years to bring the material to an acceptable level. The alternative is to simply excavate the area and incinerate the hydrocarbon impacted soil. This is the more practical option. The City consequently called a tender for this work which closed on the 3rd of May 2006. Because the amount of soil to be removed cannot be absolutely established the contract was called on a unit cost basis. Three companies responded, the low bidder being W & S General Contractors. It is staff's opinion that this company has the expertise and the personnel to adequately carry out the work and, therefore, staff are recommending the award to the low bidder. Estimated quantities of 700 to 800 metric tonne would result in a contract for $48,000 plus HST. Funds were identified in the Capital budget approved by Council for this work. RECOMMENDATION Your City Manager recommends that the tender for the removal of Hydrocarbon Impacted Soil be awarded to W & S General Contractors as indicated on the enclosed summary of bids. Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager Attachment -A CD m C. m O 7 7 N W 0 '0 C CD CL m 0 m N a m d O W N O O O N a T O O 0 0 v O. O O 9 y GW O m N O D CD 3 C (D CD 3 0 m 0 x Q O n d 0 O 7 O .n. m Q 0 0 �n K) CD C O 0) , W = CD O r+ ..� w o 0 3 0 v < m v m m ° m ° 0 ° m N 3 m x a N .D n CD --I m -i n N m° fn/1 y a y .n. N O. 'D a 0 o 1° 7 = _ CD. N 0 ° N CD g .. m ° c m 3 .° ° w c o m � c o 90 o C, te 69 (10 Cl) 0) °, N m �. 0) w W j N 0 W 0 CD CL N -+ m ((D CD m °o 0 0 CD N °o 0 o NtZ d °0 a D v m w CD to � m n N 0) � W o z. 0. N) 0 0 0 o CD CL cn o m m °1 N -A CD m C. m O 7 7 N W 0 '0 C CD CL m 0 m N a m d O W N O O O N a T O O 0 0 v O. O O 9 y GW O m N O D CD 3 C (D CD 3 0 m 0 x Q O n d 0 O 7 O .n. m Q 0 0 �n K) CD C O 0) , W = 0) O r+ ..� w o 0 May 08, 2006 His Worship Norm McFarlane and Members of Common Council SUBJECT Proposed Agreement - Province of New Brunswick Communications Services Simonds Volunteer Fire Department BACKGROUND In late 2005, the Simonds Volunteer Fire Department, through the regional office of Environment and Local Government, requested a proposal from the City to provide communications services through the Public Safety Communications Centre. The purpose of this report is to request Council's approval of an agreement with the Province to provide the requested services. ANALYSIS The Simonds Fire Department (SFD) responds to an estimated 40 calls per year within a large unincorporated area immediately east of Saint John. The Department is totally volunteer and operates from one station. The PSCC currently processes all 911 calls made from within the SFD territory. Services to Be Provided It is proposed that the PSCC will, in general, provide the following services for SFD: • Process all calls for services that are made within its coverage area that are received through the NB911 system • Process all calls for services from other services with which SFD has a mutual aid agreement • Utilize the radio network designated by SFD. Report to Common Council May 08, 2006 Page 2 • Record voice communications on the logging recorder located within the PSCC • Log calls for service within the Computer Aided Dispatch (CAD) application. • Staff the PSCC on a 24/7 basis to a level necessary to ensure service levels are to acceptable standards SFD /the Province will, in general, be responsible for: • The operation and maintenance of the fire service to a level and standard required by the applicable provincial legislation. • Acquiring, maintaining and paying the associated costs of providing the telephone and radio system to be used by the PSCC to communicate with the SFD. • The Province will provide appropriate liability insurance protection covering the City against any actions or losses as a result of providing the service. Term of Agreement and Base Fee It is proposed that the agreement will have a term of 2.5 years — from July 01, 2006 to December 31, 2008. The proposed fees, payable quarterly will be: Period Fee July 01, 2006 to Dec. 31, 2006 $3500.00 2007 $7350.00 2008 $7600.00 In addition the Province will, prior to July 01, 2006, pay the City $1412.00, the cost associated with connecting the SFD radio system to the PSCC. FINANCIAL CONSIDERATIONS The PSCC can meet the terms of the proposed agreement within existing resources. Report to Common Council May 08, 2006 Page 3 The City currently has similar agreements with the Province for the Musquash Fire Department and for processing 911 calls, with Grand Bay - Westfield Fire Service and with Atlantic Health Sciences Corp. for EMS communications. Total revenue from these agreements is about $570,000. INPUT FROM OTHER SOURCES The terms of the proposed agreement are acceptable to the Province. They are currently reviewing the proposed agreement. RECOMMENDATIONS It is recommended that Common Council: 1. Approve the attached 'Agreement Respecting Communications Service' between the Department of Environment and Local Government for the Province of New Brunswick and the City of Saint John, relative to services provided to the Simonds Fire Department, subject to a final review of the document as to form, by the Legal Department. 2. Authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. Respectfully submitted, W. D. Todd Director, Information Systems and Support Terrence Totten, FCA City Manager Report to Common Council May 08, 2006 Page 4 AGREEMENT RESPECTING COMMUNICATION SERVICES THIS AGREEMENT made in triplicate. BY AND BETWEEN: The Department of Environment and Local Government for the Province of New Brunswick hereinafter called "The Province" -AND- The City of Saint John, hereinafter called "the City" WHEREAS the Section 23 of the Municipalities Act provides for the establishment of local service districts outside the territorial limits of a municipality; AND WHEREAS Sections 23.1, 24 and 25 of the Municipalities Act, permits The Lieutenant - Governor in Council to make regulations defining the boundaries of a local service district and prescribing services to be provided under the Act; AND WHEREAS the Simonds Volunteer Fire Department (SFD), provides fire protection and other associated functions in portions of the Parishes of Simonds, as generally outlined in Schedule A, and herein after known as the `Coverage Area' and in so doing receives financial support from the Province; AND WHEREAS it is the objective of the City to deliver quality emergency services within the municipality of Saint John on behalf of its citizens, at an affordable cost; AND WHEREAS in so doing, the City has established a Public Safety Communications Centre (PSCC), whose role it is to provide emergency and non - emergency communications services to its Police Force and Fire Department; AND WHEREAS the Province and the Simonds Volunteer Fire Department wish the City, through the PSCC, to provide communication services within the Coverage Areas; THE PARTIES HERETO HAVE AGREED to provision of communications services to the SFD by the PSCC on the terms and conditions hereinafter set out. Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 2 ARTICLE I - INTERPRETATION 1.01 In this agreement: Business Day means a day other than a Saturday, Sunday or a holiday under the laws of New Brunswick or the federal laws of Canada. Call Processing means the procedure whereby an operator in the City's PSCC receives a request for the SFD, dispatches the required fire apparatus, if that response is deemed appropriate in the circumstances, provides enroute and at scene support if required, and records the caller and the responder information and all status changes. Computer Aided Dispatch (CAD) means the utilization of a computer system to determine the appropriate response to an emergency based upon the type of incident and its location. The Incident Processing component of CAD allows report numbering and applicable call information to be generated from the system. Coverage Areas means those areas described in Schedule W. Emergency means a situation where the safety of people or of property is at risk. It is a situation where special services and assistance are required immediately. PSCC means the Public Safety Communications Centre as operated by the City. VHF Radio System means a method for two way radio communications. 1.02 Governing Law This agreement is to be governed by and construed in accordance with the laws ofthe Province of New Brunswick and the laws of Canada. ARTICLE II - TERM OF AGREEMENT 2.01 This agreement is effective July 1, 2006, and continues in full force until December 31, 2008. 2.02 This agreement may be terminated by either party giving the other written notice of a minimum of nine (9) months. Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 3 ARTICLE III - SERVICES TO BE PROVIDED BY THE CITY The City, through its Public Safety Communications Centre (PSCC), shall provide the following communications services within the Coverage Areas: 3.01 Call Processing Process emergency calls for the SFD which are made from within the Coverage Area and are received through the NB911 service or from other Emergency Service Providers. .2 Provide all enroute and at scene support, as required, such as notification of appropriate utilities, and appropriate public works organizations. 3.02 Radio Utilize the radio system established and operated by Simonds Fire Department and have access to one (1) specific channel - a dispatch channel. Provide for daily testing of the system. Any other demand for service will be on a full cost recovery basis. 3.03 Telephone Termination in the PSCC of the non - published telephone number for the SFD. 3.04 Logging Recorder Tapes Record all voice communication on incoming telephone lines and on the SFD radio dispatch channel, on a logging recorder operated and maintained by the PSCC. .2 Provide access to the recordings to the SFD, on an `as required' basis, and maintain the logs as the property of the City for a period consistent with the PSCC's Standard Operating Guidelines. 3.05 Computer Aided Dispatch Process all calls, using the CAD system, based upon the level of information contained therein at the time of execution of this agreement. Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 4 3.06 Staffing Staff the PSCC on a 24 -hour basis to a level necessary to ensure the services provided to the SFD are to mutually agreeable standards. ARTICLE IV - SERVICES TO BE PROVIDED BY THE PROVINCE 4.01 General The Province is responsible for the operation and maintenance of the Simonds Volunteer Fire Department to a level and standard required by the Fire Marshall's Office of the Province of New Brunswick. 4.02 Telephone System The Province and the SFD will be responsible for acquiring and maintaining access to the telephone system used by the PSCC for SFD fire calls including all associated costs, and appropriate publication of numbers. 4.03 Radio The Province and SFD will maintain the necessary access to the radio system, including all necessary software and hardware and all associated costs directly related to the SFD. .2 The Province and SFD, are responsible for ensuring that the total Coverage Area is adequately served by the radio system, both with portable and mobile radios, to ensure efficient radio communications between the PSCC and fire apparatus and personnel. ARTICLE V - JOINT RESPONSIBILITIES OF THE PARTIES 5.01 The parties will co- operate in the development, implementation and maintenance of the necessary adjustments /additions to the CAD system as it relates to the SFD. 5.02 The parties, within twelve months of the execution of this agreement, will develop and implement appropriate service standards, for those services to be provided by the PSCC. Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 5 5.03 The parties agree that the all written and verbal communications between the PSCC and the SFD will be in English. ARTICLE VI - INDEMNIFICATION 6.01 The City indemnifies and saves harmless the Province and its directors, officers, employees and agents from and against all actions, causes of actions, proceedings, claims, demands, losses, costs, damages and expenses, including legal expenses on a solicitor and his own client basis, whether direct or indirect or consequential, arising out of or in any way attributable to damage to property of any person, injury to or death of any person or losses suffered by any persons caused by any intentional or negligent act or omission, including any negligent misrepresentation, of the City of Saint John or any of its officers, employees, agents or personnel arising out of the provision of services by the City as set out in Article 3 hereof 6.02 The Province indemnifies and saves harmless the City and its directors, officers, employees and agents from and against all actions, causes of actions, proceedings, claims, demands, losses, costs, damages and expenses, including legal expenses on a solicitor and his own client basis, whether direct or indirect or consequential, arising out of or in any way attributable to damage to property of any person, injury to or death of any person or losses suffered by any persons caused by any intentional or negligent act or omission, including any negligent misrepresentation, of the Province or any of its directors, officers, employees, agents or personnel arising out of the provision of services by the Province, as set out in Article 4 hereof. ARTICLE VII - FINANCIAL CONSIDERATIONS 7.01 Base Fees The Province shall pay the City following base fees plus applicable taxes, payable in quarterly payments. This fee is calculated based upon an estimated Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 6 call volume of 40 calls for service per annum. Period Base Fee 2006 $3500.00 2007 $7350.00 2008 $7600.00 .2 For each call in excess of 50, the Province agrees to pay $125.00 per call, plus applicable taxes. The City will provide the Province with appropriate documentation to support the charging of such additional fees, if any. The Province will pay the invoice for such additional fees, if any, within thirty days (30) days of receipt. 7.02 On or before July 01, 2006, the Province will pay the City $1412.00, representing the costs incurred by the City in providing the connection to the SFD radio network. ARTICLE VIII - DISPUTE RESOLUTION MECHANISM 8.01 If, at any time, and during the term or any renewal of the term, any dispute, difference or question shall arise between the parties concerning any matter arising out of this agreement, every such question shall be referred to a single agreed upon arbitrator, or otherwise to three arbitrators who shall act as an arbitration board, one to be appointed by each of the parties, and a third to be appointed in writing by the first two selected before entering upon the business of the reference. The award or determination, which shall be made by the arbitrator(s) or a majority of them, shall be final and binding upon the parties, their successors and designates. The decision ofthe Chairman shall be the award or determination of the arbitration board if there is no majority. 8.02 If any party refuses or neglects to appoint an arbitrator within fourteen (14) days after the other party has appointed an arbitrator and has served written notice by prepaid certified mail upon the first- mentioned party requiring that party to go to arbitration and to make an appointment of an arbitrator, then the arbitrator first appointed shall, at the request of the party appointing him, proceed to hear and determine the matter in dispute, difference, or question as if he were a single arbitrator appointed by both parties in reference. Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 7 ARTICLE IX - DEFAULT AND TERMINATION 9.01 Default will be deemed to have occurred if a party has failed to observe or perform any term, covenant or obligation contained in this agreement and such party has not, within thirty days of receiving written notice of such default from the other party, either remedied the default or referred the matter to arbitration as provided herein. 9.02 Upon any default, the party who is not in default may terminate this agreement by serving a notice of termination on the other party, and the service of such notice shall not prejudice any existing right, remedy or relief of the party serving the notice. ARTICLE X - NON WAIVER 10.01 The failure on the part of either party to exercise or enforce any right conferred upon it under this agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. ARTICLE XI - BINDING EFFECT 11.01 This agreement is binding on and endures to the benefit of the Province and its successors and assigns and to the benefit of the City and its successors and assigns. ARTICLE XII - NOTICE 12.01 Any notice, request, statement, record, or other communication required or permitted to be given under this agreement is to be in writing, and is to be given by hand delivery, by registered mail (return receipt requested), or by facsimile, addressed as follows: (a) in the case of the Province Department of Environment and Local Government Marysville Place, P.O. Box 6000 Fredericton, N.B. E3B 5H1 (b) in the case of the City Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 8 City of Saint John Attention: Common Clerk P. O. Box 1971 Saint John, N. B. E2L 4L1 12.02 Any notice or communication given by hand delivery is to be deemed to have been given and received on the date of delivery. Any notice or communication sent by registered mail is to be deemed to have been given and received five (5) days after the date of mailing in Canada. Any notice or communication given by facsimile is to be deemed to have been given on the next business day after such notice or communication was sent by the notifying party. Either party hereto may change its address for service including its facsimile number at any time by notice in writing given as aforesaid to the other party hereto. ARTICLE XIII - ENTIRE AGREEMENT 13.01 This Agreement and the schedule referred to, constitutes the entire agreement between the parties with respect to the matters referred to herein and any previous agreement, warranty or representation of any kind, written or oral, express or implied, between the parties hereto or on their behalf relating thereto, are hereby terminated and cancelled and each of the parties hereby releases and forever discharges the other of and from all manner of actions, causes of action, claims and demands whatsoever under or in respect of any such agreement, warranty or representation. ARTICLE XIV - TIME 14.01 Time is of the essence of this agreement. Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 9 ARTICLE XV - MISCELLANEOUS 15.01 The insertion of headings in this agreement is for convenience of reference only and shall not affect construction or interpretation of the agreement. In this agreement, words importing the singular number include the plural and vice versa and words importing gender include both genders. IN WITNESS WHEREOF the parties have caused this agreement to be duly executed. Signed, sealed and delivered on behalf Her Majesty The Queen In The Right Of The Province OfNew Brunswick on the day of , 2006 Department of Environment and Local Government Signed, sealed and delivered by the City of Saint John on the day of , 2006 THE CITY OF SAINT JOHN Mayor Common Clerk Date of Common Council resolution Draft Version 1.0 May 02, 2006 AGREEMENT RESPECTING COMMUNICATIONS SERVICES PAGE 10 Schedule "A" Draft Version 1.0 May 02, 2006 M & C — 2006 -112 May 5, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Space Stall No. B1 & Al - The City Market BACKGROUND: Graham Stillwell has owned and operated a store doing business as " Jeremiah's" in the City Market for 25 years. Mr. Stillwell has a tremendous history of providing Market visitors with quality delicatessen and restaurant offerings. His operation is iconic in Saint John having served thousands of customers over the years. In the course of negotiating with Mr. Stillwell during the past several months it had become apparent that both the City and Jeremiah's has a vested interest in securing a long term arrangement which would allow the Jeremiah tradition extend to over the next 10 years at the expiration of the proposed lease. Mr. Drummond and Mr. Stillwell performed a thorough review of Jeremiah's sales performance and business plan in order to structure the lease to the benefit of both parties. The tenant is current with stall rents at the time of this report. The attached Lease is highlighted by a term of 10 years which will provide the tenant ample term to continue to justify investing in the operation. The rent structure calls for rents to increase 20% in the first year to $24.00 p.s.f and increase annually until the 10th year where rents reach $32.00 p.s.f A three month rent free period is afforded the tenant to offset some minor renovation expenses and legal costs incurred to finalize this negotiation. Report to Common Council May 5, 2006 Page 2 The purpose of this report is to seek Council's concurrence to enter into a lease with Stillwell Foods Ltd. operating as Jeremiah's, for Stall B1 and Al in the City Market. RECOMMENDATION: 1. That The City of Saint John enter into a lease of space for Stall `B1 & Al" in The City Market with Stillwell Foods Ltd. upon the terms and conditions as set out in the Lease attached hereto; and 2. that Common Council give 1St and 2nd reading to the "City Market By- Law" whereby Section 5(2) is amended to add following Section 5(2) (h), Section (5)(2) (i) Stall Al & B 1; and 3. further that the Mayor and Common Clerk be authorized to sign the Lease or any other document required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager BI /mmf Attachment Form A19 LEASE Standard Fornts 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 — Stilwell Foods Ltd., 47 Charlotte Street, Saint John, New Brunswick, E21, 2118, a duly incorporated company, 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: 10 years February 1, 2006 January 31, 2016 First day of each and every month during 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 2006. SIGNED, SEALED & DELIVERED ) THE�Cl/jY OF SAINT JOHN In the presence of: ) �o \u�/ 1i N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: August _, 2005. STILWELL FOODS LTD, Pe' And: N G7 n� a O me „ z 0 a;o II A I o� m a N m a CC) r m D m D �N �n v SCIIEDULE "A"' I co Dr F DD F 23' -8 1/4" r r W O I� rn m x (n A z 0 0 I 6' -8 1 2" I I , I I I I I i I I I ! I r rn � m o I I m C: I z I I I I co Dr F DD F 23' -8 1/4" r r W O I� rn m x (n A z 0 0 WHTDULE "A" Page 2 I ,I .I I I I i MEZZANINE PLAN �LEASEABLE AREA 332 soft) SCALE; 1/4 " =1'- -0 LEASE PLAN for STIL /ELL FOODS LTD. (COPIES; 8 1/2" x 14" ARE NOT TO SCALE) I LEASE FOR STALL SPACE CITY MARKET STILWELL FOODS LTD. SCHEDULE "C" ARTICLE I DEFINITIONS 1101 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Date" means a date determined in accordance with the provisions of Section 2.03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire preventions, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and /or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium 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: STILWELL FOODS LTD. Lease for Stall Space —City Market 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. IIST 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. It) "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; "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by -law or regulation; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; 1) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year" shall mean a period of time, the first Lease Year commencing on the Commencement Date and ending on the 31" 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 31 ", 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 STILW ELL FOODS LTD. Lease for Stall Space —City Markel Schedule "C" -Page 3 - supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred in the preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; P) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; q) "Rent' means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non - structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D "; u) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; W) "Lessee" means the party named as Lessee in this Lease; and x) "Tenn" means the period referred to in Section 2.03. STILW ELL FOODS LTD. Lease for Stall Space — City Market Schedule "C" - Page 4- ARTICLE II GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stalls No. 131 and At are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of approximately Seven Hundred Eighty Eight Square Feet (788 W) together with approximately Fifteen (15) Feet of the adjacent Bench situate on the southern side of the City Market as shown on Schedule "A ", provided however, that vertical merchandising of the said bench is limited in the manner promulgated from time to time in Schedule "D" attached hereto. In addition hereto the Lessee shall have Three Hundred and Thirty Two Square Feet (332 fN) of Mezzanine Space located above Stalls 9 and 10 and Ninety Four Square Feet (94 ft') of Cooler Space. 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 Ten (10) Years to be computed from February 1, 2006 and fully to be completed and ended on January 31, 2016 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, ramatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form. STILWELL FOODS LTD. Lease for Stall Space— City Market Schedule "C" Page 5 - The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the rent -free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 2.04 Option to Renew The Lessee shall have the option to renew this Lease for a further one (1) term of five (5) years at the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later than six (6) months prior to the expiration of the Initial Term. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Twenty Eight Dollars ($28.00) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Year 1 - $1,576.00 monthly ($24.00 per square foot) Year 2 - $1,641.67 monthly ($25.00 per square foot) Year 3 - $1,707.33 monthly ($26.00 per square foot) Year 4 - $1,773.00 monthly ($27.00 per square foot) Year 5 - $1,838.67 monthly ($28.00 per square foot) Year 6 - $1,838.67 monthly ($28.00 per square foot) Year 7 - $1,904.33 monthly ($29.00 per square foot) Year 8 - $1,970.00 monthly ($30.00 per square foot) Year 9 - $2,035.67 monthly ($31.00 per square foot) Year 10 - $2,101.33 monthly ($32.00 per square foot) 3.02 Reports by Lessee a) The Lessee shall submit to the Lessor on or before the 10 "' day following the end of each calendar month during the Term and including the 10 "' day of the month following the end of the Tenn, 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. 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. STILW ELL FOODS LTD. Lease for Stall Space— City Market Schedule "C" - Page 6- 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 / NOT APPLICABLE 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 Tenn, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable STILWELL FOODS LTD. Lease for Stall Space —City Market Schedule "C" - Page 7- (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 IIST Payable by Lessee The Lessee shall pay to the Lessor all IIST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association ") is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by -laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by -laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. STILW GLL MODS LTD. Lease for Stall Space —City Market Schedule "C" - Page 8 - 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 operating the business of a delicatessen, lunch counter, take -out food and catering of the following products — sandwiches, soups, salads, French fries, ice cream, beverages, cooked meats, cheeses, imported and local groceries, assorted breads, desserts and assorted related items. 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 "Jeremiah's" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; STILWELL FOODS LTD. Lease for Stall Space — City Market Schedule "C" -Page 9- 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; If 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, binders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; ]r) 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 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; 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 STILWELL pOODS LTD. Lease for Stall Space— City Market Schedule "C" - Page 10 - 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. 7.04 Iazardous 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. STILW ELL FOODS LTD. Lease for Stall Space— City Market Schedule "C" -Page I I - 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. 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. STILW FLL FOODS LTD. Lease for Stall Space — City Market Schedule "C" - Page 12 - 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 leaseliold 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, subduer, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15 %) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate casements 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 strictures 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 STILW ELL FOODS LTD. Lease for Stall Space —City Market Schedule "C" - Page 13 - 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; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect and in the names of the Lessee and the Lessor as their respective interests may appear, the following insurance: i. All -risks (including flood and earthquake) insurance upon property of every description and kind owned by the Lessee or for which the Lessee is legally liable (including, without limitation, 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. Broad form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in the amount of not less than the replacement cost of all leasehold improvements and of all boilers, pressure vessels, air conditioning equipment and miscellaneous electrical apparatus owned or operated by the Lessee or by others (other than the Lessor) on behalf of the Lessee in the Leased Premises; iii. Business interruption insurance in such amounts as will reimburse the Lessee for direct . or indirect loss of earnings attributable to all perils insured against by the Lessee hereunder; iv. Public liability and property damage insurance including personal injury liability, tenant legal liability, contractual liability and owners' protective insurance coverage with respect to the Leased Premises and the Lessee's use thereof and the Lessee's use of the Common Areas. Such policies shall be written on a comprehensive basis within inclusive limits of not less than Two Million Dollars ($2,000,000) or such higher limits as the Lessor may reasonably require from time to time with provisions for severability of interest and cross - liability; SrILW ELL FOODS LTD. Lease for Stall Space —City Market Schedule "C" Page 14 - V. Any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in forni, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies required to be written on behalf of the Lessee pursuant to this Section 9.01 shall contain the Mortgagee's standard mortgage clause, and shall contain a waiver of any subrogation rights which the Lessee's insurers may have against the Lessor and against those for whom the Lessor is in law responsible, whether any such damage is caused by the act, omission or negligence of the Lessor or those for whom the Lessor is in law responsible. All policies will have deductibles not greater than three percent (3 %) of the amount insured and will be primary and not call into contribution or be in excess of any other insurance available to the Lessor or any additional insureds; c) 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; d) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance politics taken out or maintained by the Lessor, including any additional premium on any rental income insurance policy 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 Lessor's Insurance The Lessor shall at all times throughout the Term carry: (a) insurance on the City Market (including equipment used for the maintenance and operation of the City Market) and the machinery, boilers and equipment contained therein and owned by the Lessor or for which the Lessor has assumed responsibility; and (b) public liability and property damage insurance with respect to the Lessor's operations in the City Market; against such perils, in such reasonable amounts and with such reasonable deductibles as would be carried by a prudent owner of a reasonably similar city market, having regard to size, age and location, as determined by the Lessor from time to time, and shall also carry such other form or forms of insurance as the Lessor reasonably considers advisable including but not limited to rental income insurance. Notwithstanding the Lessor's covenant herein and the Lessee's contribution to the cost of the Lessor's insurance premiums: (i) the Lessee is not relieved of any liability arising from or contributed to by its negligence or its wilful acts or omissions; (ii) no insurable interest or other benefit (including an implied waiver of subrogation from the Lessor's insurers) is conferred upon the Lessee under the Lessor's STILW ELL FOODS LTD. Lease for Stall Space —City Market Schedule "C" Page 15 - insurance policies; and (iii) the Lessee has no right to receive proceeds from the Lessor's insurance policies. 9.04 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any properly 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. 9.05 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harrless 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 connnenced 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: 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 thereinto 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. STILW HLL rOODS LTD. Lease for Stall Space —City Market Schedule "C" Page 16 - The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and /or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3rd) 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 (t. 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 Canaria Business Coinorations 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). STILW ELL FOODS LTD. Lease for Stall Space — City Market Schedule "C" - Page 17 - 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. 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 tlhe 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 tlhe payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and STILW ELL FOODS LTD. Lease for Stall Space — City Market Schedule "C" - Page 18 - 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 tern 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 rc- 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 Tenn 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 amoral Rent for each year of the unexpired Tenn shall be equal to the greater of (a) the average amoral Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Terri 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. STILWELL FOODS LTD. Lease for Stall Space —City Market Schedule °C" - Page 19 - 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 %) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. ARTICLE XIV MISCELLANEOUS 14.01 Overholding 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: i. one and one half (1 '' /z) times the Gross Rent payable during the last month of the Temi; 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, tern 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. STILWELL FOODS LTD. Lease for Stall Space— City Market Schedule "C" - Page 20 - 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 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, E21, 4L1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at 47 Charlotte Street, Saint John, New Brunswick, E2L 2H8. 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. STILW ELL FOODS LTD. Lease for Stall Space— City Market Schedule "C" - Page 21 - 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 tern, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease 14;16 Quict 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 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 the period from and including February 1, 2006 to and including April 30, 2006. Utilities, Promotion Funds /Merchants' Association dues are payable during the Rent Free Period. SCHEDULE "D" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. S. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 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 mamrer as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally- illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8.5" x 11" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 1 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 ENCLOSE AN 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. s ' SCHEDULE "D1" -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) BY -LAW NUMBER C -1 A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By -law of The City of Saint John entitled "A By -law Relating to the Market In The City of Saint John ", enacted on the 18 °i day of May, A.D. 2005 is Hereby amended as follows: 1 Amending Section 5(2) by adding the following Immediately after subsection 5(2)(h): (i) Stall B I& Al IN WITNESS WFIEREOF 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 May A.D. 2006 and signed by: Mayor /Maire ARRETE NUMERO C -1 ARRETE CONCERNANT LE MARCHE DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John 6dicte: L'arretd concernant le march6 de The City of Saint John d6cr6t6 le 18 mai 2005, est modifid comme suit: I La modification du paragraphe 5(2) par Padjonction de cc qui suit imm6diatement aprds Palin6a 5(2)(h): (i) Kiosques B1 &A I EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le mai 2006, avec les signatures suivantes: Common Clerk/Grefie're communale First Reading - May 8, 2006 Premiere lecture - 8 mai, 2006 Second Reading - May 8, 2006 Deuxi6me lecture - 8 mai, 2006 Third Reading 2006 Troisi6me lecture 2006 REPORT TO COMMON COUNCIL M &C— 2006 -110 May 4, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Bentley Street/Harbour Passage (Phase 3) Right of Way Agreement with NB Southern BACKGROUND: City of Saint John The City of Saint John is partnered in an ongoing project involving the extension of Harbour Passage. The next phase of this project will see the extension of the trail crossing Chesley Drive at the foot of Bentley Street, extending Harbour Passage along the north side of Bentley Street to the point where it meets Douglas Avenue. This phase of Harbour Passage will be developed to the same high quality standards as the previous phases, including the red colored signature walkway. In addition, trees and other improvements will be incorporated into this project. The majority of work for this phase will be located within the present street right -of -way. However, in order to develop this portion of Harbour Passage to the same high quality standards as the previous phases, small portions of additional land is required from various property owners, located along the north side of Bentley Street. ANALYSIS: The parcel of land owned by N.B. Southern is identified as PID Number 55110217, of which approximately 43 square metres (463 square feet) will be used in conjunction with this phase of Harbour Passage. Tentative agreement was reached with NB Southern for the utilization of a portion of their property in December 2005. Since that time details of the agreement were being considered, which are now completed and are included in the attached document. Had the parcel of land not been made available to the City for Harbour Passage, the project would still have proceeded within the existing Bentley Street right -of -way for this portion of the project. Report to Common Council May 4, 2006 The attached license agreement has been reviewed by the City's Legal Department. The purpose of this report is to seek Council's support to enter into a legal agreement with New Brunswick Southern Railway Company Limited for the use of this parcel of land as part of Phase 3 — Harbour Passage. RECOMMENDATION: That The City of Saint John enter into the attached license agreement with New Brunswick Southern Railway Company Limited to acquire the necessary land rights in a 43 square metre f (463 square foot) portion of property adjoining Bentley Street, also identified as PID Number 55110217, as generally shown on an attached plan. As part of the transaction, The City of Saint John will: a) prepare any plan of survey required; b) pay to a maximum of $500.00 (H.S.T. inclusive), the legal fees required to finalize this transaction; c) where applicable, reinstate the subject property to the same condition as existed prior to construction; and d) that the Mayor and/or Common Clerk be authorized to sign any document necessary to finalize this transaction. submitted, Baird, MCIP Terrence Totten, F.C.A. City Manager CL /c S1Fhern lal way City of Saint John Planning and Development P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Dear Sirs: P.O. Box 3189, Star. B. Saint John, N.B., Canada E2M 4X8 Tel. 506 -632 -4712 Fax. 506 -632 -5818 May 4, 2006 Re: Saint John Harbour Passage - Phase III Bentley Street Mileage 1.02 McAdam Subdivision This is to confirm that New Brunswick Southern Railway Company Limited ( "NB Southern ") hereby consents to the City of Saint John by its servants, agents and contractors, entering upon those lands which are presently owned by NB Southern or on which NB Southern has an interest for the purpose of constructing, maintaining, repairing and replacing a pedestrian walkway for use by the general public known as Harbour Passage as setout on plans identified as Harbour Passage - Phase III City of Saint John Project # 2005 - 21 and to use of the said Harbour Passage by the general public. The work on land considered right of way is limited to the planting of trees, shrubs and other plants and the construction of one (1) pedestrian crossing. This permission is given on the express understanding that the City of Saint John will be fully responsible for any loss or damage or injury to persons and general public use arising out of the assessing and construction on the said lands and the existence of Harbour Passage and the City of Saint John will indemnify and save harmless NB Southern from any and all claims whatsoever arising out of the foregoing and that the work will respect sight lines and other safety requirements of NB Southern. /2 -2- Other conditions of this permission are that (1) neither the work nor the existence of the pedestrian walkway will impede in any way the operations of the railway, (2) all costs arising from the construction or existence of the pedestrian walkway are for the account of the City, (3) the design, construction and operation of the pedestrian walkway will conform fully to all requirements including those of Transport Canada, (4) there will be no restrictions on the operations of NB Southern arising out of Harbour Passage, and (5) all costs whatsoever arising out of Harbour Passage and its existence and operation shall be for the account of the City. It is further understood and agreed that the City of Saint John will pay a fee of $1.00 annually for the use of Right of Way Property for the said location identified in this Permit. This Permit in no way constitutes a change in ownership of Land Titles. This Agreement supersedes all previous communications representations, or understandings, either written or oral, and shall constitute the sole and only agreement between the parties in respect of the subject matter hereof. IN WITNESS WHEREOF the parties hereto have executed these presents. NEW BRUNSWICK SOUTHERN RAILWAY COMPANY LIMITED By: By: Date of Execution: CITY OF SAINT JOHN By: By: Dated: Pro I n Description of Plane Legal agreement with NB Southern Property in conjunction with the development of the Harbour Passage Trail, 0^ Q` Q 0 24;"d., a N PID: 55110217 Address: N.B. Southern Railway at intersection with Bentley Street A Pans N/A Dates December 21, 2005 ,. r,r, 3A •.,0 .18 Us Y ee as , ••• is 2 s so :a so to eft • °a' :as °0+, ft •° zi0 46 004 M 6, zse il" , �, xet a o oae zv xsa 0 core Ma° na , Jere ve ti for a ',,o a. xe 0a zze i' t6 u for fi zrz °•°rr °a x Poo °' • 1e Q 274 00, 32 ns ''•a St o a °•a a 69 xe0 at, of a•a o a e, a1a•a v xez ,, • z , sz °• zeoa °a• a r ' zu 262 xaa ea„ • m s, L ,l, raa U4w` as M Pro I n Description of Plane Legal agreement with NB Southern Property in conjunction with the development of the Harbour Passage Trail, 0^ Q` Q 0 24;"d., a N PID: 55110217 Address: N.B. Southern Railway at intersection with Bentley Street A Pans N/A Dates December 21, 2005 Qo`; �i� ccec li #1 loll ,, . I lit - z a Y 9AAAAA$ 111 lie " + ♦f4Px 3A3 s (T guis$e O Vas S mVT!v2v=%jj CL \ .: f 3 i i�� i) • �i g� � i�0 " 999998993399 � s � �' � � B �` d #L ♦ a a 41 ; off y !66 P alb�4w d oa, F kkA S rr; ,y y j¢ i68 hi aj 113 xox asx � �� au xcax '. Alt M &C — 2006 -111 May 8, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Historic Places Initiative - Properties Recommended for the Canadian Register of Historic Places (Submission 5) This report provides an update on the status of the Historic Places Initiative and recommends approval of an additional list of properties for the City of Saint John Local Register of Historic Places, and that they be referred for inclusion in the New Brunswick and Canadian Register. Background Canada's Historic Places Initiative — This initiative was put in place in 1999 with the following objectives: • To foster greater appreciation of historic places; • To strengthen Canada's capacity to take appropriate action to conserve and maintain the historical integrity of historic places; and • To provide financial incentives that will make the preservation and rehabilitation of historic places more viable. Canadian Register of Historic Places — The register developed by federal, provincial, and territorial governments, provides on -line listings of formally recognized historic places across the country. The register is located at www.historicplaces.ca and serves as a tool for Canadians to identify and promote historic places in Canada, and for travelers to locate places of interest across the country. It provides detailed information about historic places to planners, heritage professionals, policy - makers, developers, industry, community organizations, teachers and students. Finally, it defines the places eligible for the Government of Canada's Commercial Heritage Properties Incentive Fund and the Province of New Brunswick Property Tax Abatement Program.. To be eligible for nomination to the Canadian Register of Historic Places, a historic place must: 1. meet the definition of an historic place; 2. be formally recognized by a federal, provincial, or local authority (such as being designated under our Preservation Areas Bylaw); and 3. meet the required documentation standards. Inclusion of an historic place on the Canadian Register is honourific, and does not involve additional controls on the historic place. Commercial Heritage Properties Incentive Fund — The objective is to encourage taxable Canadian corporations in preserving Canada's heritage properties, to the benefit of Canadians and communities throughout Canada. The program is designed to award financial incentives to eligible commercial historic places listed on the Canadian Register of Historic Places in order to: • save threatened historic properties from demolition or destruction; • preserve historic properties for future generations through proper conservation; and • develop new or enhance existing commercial purposes for historic properties within the community. Currently this grant Program will fund 20% of total eligible costs, up to a maximum of $1,000,000. It is expected that this will become a tax credit program without this maximum. The rehabilitation project must be of substantial magnitude. For a project to receive funding, a Certification Agent accredited by the program, must certify the project to be consistent with the Standards and Guidelines for the Conservation of Historic Places in Canada. As you are aware, Commercial Properties Limited are receiving funding under this program for the first phase of the Centre Beam Place project at King and Prince William Streets. New Brunswick Property Tax Abatement Program for Heritage Properties — The program is an incentive for owners of heritage properties to conserve and use designated historic places, thereby extending their useful life and preserving their heritage value to the community. By undertaking an approved conservation project on a designated heritage property, the Property Tax Abatement Program for Heritage Properties allows the owner to be forgiven a portion of the net increase in provincial and municipal property taxes resulting from the increase in the assessed value of the property for a four - year period. Criteria for eligible projects include: • real property listed in the New Brunswick Register of Historic Places. • must undergo a significant restoration with construction costs of at least $100,000, or 20% of the current assessed value of the property prior to the conservation work, whichever is greater. • at least 75% of the finished floor area of the heritage property shall not be the primary residence of the owner. • must adhere to the Standards and Guidelines for the Conservation of Historic Places in Canada. The Heritage Development Board has sent a letter to the Minister expressing appreciation for the program. They also noted that our experience in Saint John is that most property owners consider an investment of $25,000. to $50,000. to be a major undertaking. Relatively few of these property owners may be able to invest the $100,000. currently required. The Board respectfully requested that consideration be given to expanding eligibility by means of a lower minimum investment. May 5, 2006 Page 3 Next Steps When we began preparation of registry documentation, the initial focus was those larger commercial buildings seen as most eligible for the initial financial incentive program under the Commercial Heritage Properties Incentive Fund. This was "fast tracked" so that owners who might be interested in doing work on their buildings soon, would have this criteria met for obtaining financial incentives. It is expected that the information on the Historic Places website will have an increasing influence on those making decisions regarding heritage tourism, a rapidly growing multi- billion dollar industry. We believe that it is important that Saint John be well represented. To that end, we are encouraging a broader registration of all eligible buildings. In the future under the Historic Places Initiative, there are proposed to be other incentive programs, including tax deductions, developed which may benefit a greater range of buildings. Properties to be Recommended for the Canadian Register of Historic Places To assist with compiling the material required for submission for buildings, funding was obtained through the Heritage Branch, Province of NB Department of Culture and Sport Secretariat. Under the direction of staff in the Planning & Development Department, consultants have been carrying out the research and documentation for each building where the owners have made a request. Our current funding for this second phase will carry this work for another few months and we are in the process of applying for additional funds for continuing work. The 62 properties listed below in the recommendation are proposed for inclusion in the Local Registry and submission to be included in the Provincial and National Registry of Historic Places. The Heritage Development Board has reviewed these properties and recommends them for listing on the registry. The owners of these properties have requested that their property be listed on the Canadian Register of Historic Places. A letter of consent from each of these owners has been received and will be part of the documentation. RECOMMENDATION: 1. That the Common Council of the City of Saint John list the following properties on the City of Saint John Local Register of Historic Places: 31 -33 Canterbury Street 35 Canterbury Street 149 Canterbury Street 151 Canterbury Street 153 Canterbury Street 175 Canterbury Street 143 -147 Charlotte Street 161 -163 Charlotte Street 201 -209 Charlotte Street 211 -213 Charlotte Street 261 -263 Charlotte Street 265 Charlotte Street 267 Charlotte Street 269 Charlotte Street 271 Charlotte Street 27 -29 Duke Street May 5, 2006 40 Duke Street 47 Duke Street 73 Duke Street 74 Duke Street 79 -81 Duke Street 82 -88 Duke Street 87 Duke Street 89 Duke Street 90 Duke Street 11 -13 Harding Street 19 Harding Street 17 Horsfield Street 18 Horsfield Street 19 Horsfield Street 21 -23 Horsfield Street 24 Horsfield Street 14 King Square South 24 King Square South 76 -78 Prince William Street 80 -82 Prince William Street 98 -100 Prince William Street 99 -103 Prince William Street 102 -108 Prince William Street 114 -116 Prince William Street 118 -120 Prince William Street 119 -125 Prince William Street 154 -158 Prince William Street 160 Prince William Street 175 -181 Prince William Street 240 -242 Prince William Street 260 Prince William Street 262 Prince William Street 266 Prince William Street 50 Princess Street 74 -76 Princess Street 80 -84 Princess Street 85 Princess Street 91 Princess Street 92 -94 Princess Street 98 Princess Street 101 -103 Princess Street 105 -107 Princess Street 109 -113 Princess Street 112 Princess Street 116 Princess Street 58 -60 Water Street Page 4 2. That the Council of the City of Saint John nominate the listed properties in the City of Saint John Register of Local Historic Places to the New Brunswick and Canadian Registry. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development CLC Terrence Totten, F.C.A. City Manager e Stag rue D D r N 'zz/ T,e Car\ ,ton a Y Z 0600 St. G A 01- V Market Wh o i a U eters Wh p 1 W a� i v O z o CG ` e s E ue K\ng N h Market tK�n9 S°'' N' °' K\ n 9 S t cn 0 Norr n °r d in = U car Km9 t Ster St. aD o ue \-ein h Wks ,. 00o car King Sud (D ue pr \ncess St o Keg Sq. s. w 0 o ` d ° pran9e St. °' \ an9 O rue U i o rue o ss pr\nce rue uke St. $ o o U) 0 0 \d S ai ur9 t. -a a S{\e U Meck \enb E r ao o (DO �ue D �JV �• �0 �y O o ueen n car_ Q o ee n nOfd IQ.0 o �ar Q n St. p�,e Quee • ar Queen HERITAGE PLACES RE ISTR o Previously Approv d o o�ue Nard%ng en sud• I is Recommended for pprova • o \, n p es ugh �'P \•pa uest.Jam rue ROSS St. ru e rue Queen St. N N St. rue Quee St. Sant N ,S S L yv m esS. CO N e St- Ja 3 0 o gr \tarn 3 rue 0 G a� rue Broad St. M &C 2006 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: P.R.O. Kids (Positive Recreation Opportunities for Kids) Annual Report BACKGROUND: In January 2002, P.R.O. Kids officially launched its program. P.R.O. Kids is a program offered by Leisure Services, adopted by Council on September 5, 2001 and is designed to assist financially challenged children to participate in the leisure pursuit of their choice. (For further information on the P.R.O. Kids program, please see pages 3 -5 of the 2005 Annual Report.) Presented with this report is the 2005 Annual Report. It is a requirement that P.R.O. Kids report to Council the activities of the program each year prior to April 30. RECOMMENDATION: It is recommended that: 1. The 2005 Annual Report be received and filed. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager Positive for Opportunities the won xOW SO" 09f pamwip dS -2- Table of Contents Whatis P.R.O. Kids? ................................................. ..............................3 • Vision Statement .............................................. ..............................3 • Mission Statement ............................................. ..............................3 How is P.R.O. Kids Different from Other Programs ? .............................4 Why is P.R.O. Kids Essential? .................................. ............................... 4 What are the Benefits of Recreation?.,,,"",", 1110.00 0 omens Romeo 0 .............. 111111111 5 How Does P.R.O. Kids Link Children to Leisure Opportunities ?......,.., 5 P.R.O. Kids Statistics for 2005 .................................. ............................... 6 • Municipality Breakdown'...,',,, room I Manor, room 10, 'Reason Mr. sommosam, IIIIIII.Mmm.. man, 7m,8 Type of Support Provided................................ ............................... 9 • Gender Ratio ..................................................... .............................10 • Age Breakdown................................................. .............................11 Financial Results 2005 ............................................... .............................12 Fundraising Events and Activities in 2005,,, ............ Mae ...... summon ......... 13,-16 Sponsorsin 2005 ...................................................... ..........................17 -19 AdvisoryCommittee................................................. ............................... 20 Conclusion................................................................ ............................... 21 P.R.O. Kids Annual Report 2005 April 2006 -3- P.R.O. Kids Positive Recreation Opportunities for Kids VISIONna Healthy Children and YOuth fto Healthy Community working Together What is P.R.O. Kids? The P.R.O. Kids' mission is: "To provide assistance to as many children and youth as possible who due to lack of funds, are unable to participate in sport, art, recreation or cultural activities" P.R.O. Kids is a service that matches children and teens up to the age of 18 with organized, registered recreation activities. P.R.O. Kids receives support from organizations, businesses and service providers by donating spaces in their programs, by providing financial or "in kind" assistance, and /or supplies, equipment and transportation to and from the activity or program. P.R.O. Kids is a proactive and confidential service offered by the Leisure Services Department of the City of Saint John to all children and youth living in poverty within the Towns of Grand Bay - Westfield, Rothesay and Quispamsis, as well as the City of Saint John. REGIONAL SERVICES Qulspamsis M move moans ° °1 rocraaHonal pna0rom will Q Quzi ba open io Vallay chl ldran C C, r � Se /yrnpAJan.ru/ e east N to fund is m we mis;,,g plans of the *^ Ma: .' 5chnare said is PRO Kids ode are e e yro- amwl dinnm Ho[ai P.R.O. Kids Annual Report 2005 April 2006 PRO Kids ode are e e yro- amwl dinnm Ho[ai P.R.O. Kids Annual Report 2005 April 2006 -4- How is P.R.O. Kids Different from Other Programs? P.R.O. Kids has a wide interest in providing opportunities for children and youth in a variety of activities beyond sports. The program is well promoted and the following issues are easy to address: Often families do not know who to ask for assistance within the organization. 0 Families are not aware that assistance is available. Many families are uncomfortable requesting financial assistance. It was difficult to determine whether the children who really need the support were getting the support. Why is P.R.O. Kids Essential? Financial barriers are not limited to people defined in the official poverty statistics. For a variety of reasons, hardship is being experienced by a growing number of families. Placing applicants through the P.R.O. Kids program assists in reducing these negative statistics and helps to better the community. _. P.R.O. KIDS RECEIVE $5,000 P.R.O. Kids Annual Report 2005 April 2006 -5- What are the Benefits of Recreation? According to the Canadian Parks & Recreation Association, becoming involved in a positive past time has great benefits to all citizens. It is important to instill this notion in people at a young age. P.R.O. Kids is committed to assist in providing this opportunity. Recreation... ✓ Builds healthy communities ✓ Is an investment in the future of our young people ✓ Fosters cooperation and good citizenship ✓ Promotes positive behaviors ✓ Encourages community involvement ✓ Develops leadership skills ✓ Builds a healthy lifestyle ✓ Develops physical and creative skills ✓ Provides fun and enjoyment ✓ Is an important tool in crime prevention ✓ Strengthens families • Promotes healthy development • Builds social skills ✓ Lowers rates of illness and associated costs ✓ Results in higher grades and to stay in school longer How Does P.R.O. Kids Link Children to Leisure Opportunities? Children and youth, or their parent/guardian or an agency working with the child can apply to P.R.O. Kids with a supporting reference to participate in an activity of their choice. A reference is required with each application. A reference can be: Community Police Officers, neighbors, and leaders in recreation and /or cultural programs. Referring agents could include a citizen who can verify that the child could benefit from a program and could not afford to participate. P.R.O. Kids then matches the applicant with an activity either through funding or donated space. P.R.O. Kids will fully respect the sensitivities, preferences and individuality of the client in making these critical decisions. i r P.R.O. Kids Annual Report 2005 April 2006 -6- P.R.O. Kids Statistics for 2005 PLACEMENT SUMMARY - OVERALL 4 1 2 1 6 1 Activity Participants 4 Aue Breakdown 2 Gender Additional Assist <6 6 7 8 9 10 11 12 13 14 15 16 17 18 M F E ui Trans ort. 2 f .'1 .- 1.. Art Classes 1 1.. .: 7.. 9'9'< '1 1 ..l�:I: 1 III . 1..... Skating 2 1 1 2 Ski lessens 1 3 1 1 'x a ... Baseball 12 3 1 2 1 Soccer 36 2 4 8 5 4 5 12 1 1 Ell 1111 1311 1 1 1 Horseback Riding 1 6 I I I I 13 1 1 1 1 1 1 f 1 1 1 1 1 1 1 1 5 1 1 1 Martial Arts 43 10 11 1 4 1 2 1 6 1 3 4 1 2 28 15 20 4 hlus' ..,_ Gft 1$ ' a 2 f .'1 .- 1.. ,.2. 1.. .: 7.. 9'9'< '1 ..l�:I: ,.2' . 1..... Skating 2 1 1 2 Ski lessens `` - 1 'x a ... _ 1 Soccer 36 6 3 8 5 4 5 5 3 1 1 22 14 11 1 hba4 . 2 ; ! . Summer Cam 21 5 1 1 4 3 2 4 1 10 11 -. . -.... -'.r � .. a ]"a w .:v .a. .: =a:.x .. �,:.. xnvA I I?T .4 1 `Y I I II_ Theatre Arts Camp 5 2 1 2 1 2 1 3 V06e114680061 8 1 440316+37 Total Applicants Placed 394 51 36 35 39 27 29 29 19 13 5 3 211 173 92 37 Unable to Contact 49 Total Applicants Not Placed 86 TOTAL APPLICATIONS 480 RECEIVED &PROCESSED r' d >< % P.R.O. Kids Annual Report 2005 April 21106 PLACEMENT SUMMARY - GRAND BAY- WESTFIELD Activity Participants is - i�1111 Gender Gender Additional Assist c6 6 7 8 9 10 11 12 13 14 15 18 17 18 M F Trans ul Trans ort. ort. 4 Fitness Membershi 1 Basketball �+ioimnastics 1 777"777777777 1 - 7 Day Came -777 1 1 s ..2 �0 Total Applicants Placed 10 1 2 1 0 1 1. Martial Arts �2� 0. 0 0 2 1 0 3 PLACEMENT SUMMARY - QUISPAMSIS Activity Participants Age bioakdown Gender 7 8 9 10 11 12 13 14 15 16 17 18 M F E ul Trans ort. Basketball 777"777777777 7 - 7 Day Came 1 Martial Arts Muni 3 2., .Lsoiis ;1 „..1, Skahn 2 q ,�, ` z Summer Camp 1 1 1 Total Applicants Placed 25 6 2 1 4 3 3 4 0 1 0 1 0 0 0 18 7 4 p PLACEMENT SUMMARY - ROTHESAY Activity Participa Age Breakdown <B B 7 8 9 10 11 12 13 14 15 76 17 18 M Gender F E ul Trans ort. Football 2 `.., .' =, r ; a 1 1 x 1 Horseback Ridin 7. 7"7 77777 Theatre Arts Camp1 1 1 Total Applicants Placed 15 0 2 2 2 0 1 1 3 3 0 1 0 0 0 12 3 0 D z P.R.O. Kids Annual Report 2005 April 2006 8- I 1 1 :ipants Age Breakdown Gender . _. _. ®�m� ©� Baseball 9 1 1 1 2 4 9 • Applications received according to municipality: Viftance runner will race horse SAINT JOHN - Distance 3% 6% runner Chris Brake will test his running skills against a stan- 4% dard6a'ed race horse as part of charity event Sunday, May 15 0 Grand Bay - Westfield (10) at Exhibition Park Ill in Saint John. The inaugural Neigh -Day ■ Quispamsis (25) Run is a fund -refs' event in support of the P.R.O. Rids recreation program. Tie race O Rothesay (15) will include a six - kilometre run and a one-mile wells, followed by a barbecue sponsored by the o Saint John (344) SamtJohn Hamm Horsemen's Association. 87% available information is available hum the P.R.O. Rids manager at 642 -7529. `; W P.R.O. Kids Annual Report 2005 April 2006 _... _.. . _. _. Baseball 9 1 1 1 2 4 9 Soouts/Guides ..,. 11 . 1 1 2 1 3 1 1 1 7 4 9 ., 1 .. ..... ., 1 .:. .,e y , CheerleadL 26 2 2 3 3 5 2 3 4 2 26 2 ., A i6 3, ;` g 1, 2 s M1,.. a 1, 4 1 11 Da Cam 10 1 2 3 2 1 1 8 2 1 1 `. esMei(�be_'Fai - '6 .. e, rvA a 1;2. 1 . _2 2 : - >', 6, . ,�2.a l 2 Football 1 1 G /1, a G mnastica 8 2 1 1 1 2 1 3 5 1 4',al.`.. .# Horseback Ridlnq 5 1 3 1 1 4 J1 Martial Arts 40 10 2 4 F3 T4 1 2 25 15 18 4 l 17 , 8 2' � 0 $25 $ 1 �': Soccer 31 2 3 4` 5 5 3 1 1 17 14 9 1 Softball 2 . _. 1 ". :: 1�, ., 2 - 1 ., Summer Camp 20 5 1 1 3 3 2 4 1 9 11 SwimMIng Qiassons (... 67 '.2M1 7 '6 9 8. 4 2 2 1 r4 3 . 2 1.. ' , . 1 ,: 28 -3 ®., .A 11 Theatre Arts Camp 4 2 1 1 1 3 .2 8 1 Total Applicants . Placed 344 43 32 31 34 33 26 34 22 24 27 17 13 5 3 175 169 88 34 • Applications received according to municipality: Viftance runner will race horse SAINT JOHN - Distance 3% 6% runner Chris Brake will test his running skills against a stan- 4% dard6a'ed race horse as part of charity event Sunday, May 15 0 Grand Bay - Westfield (10) at Exhibition Park Ill in Saint John. The inaugural Neigh -Day ■ Quispamsis (25) Run is a fund -refs' event in support of the P.R.O. Rids recreation program. Tie race O Rothesay (15) will include a six - kilometre run and a one-mile wells, followed by a barbecue sponsored by the o Saint John (344) SamtJohn Hamm Horsemen's Association. 87% available information is available hum the P.R.O. Rids manager at 642 -7529. `; W P.R.O. Kids Annual Report 2005 April 2006 -9- Type of Support Provided: • Applications processed according to support provided: Percentage of placements who received help with equipment 23% kee ,w Percentage of placements who received help with transportation 9% P.R.O. Kids Annual Report 2005 April 2006 �2b y k xn f � �' 1 i V e � �, } � "� t.p r ,� -�� w j ���, ,4 2�rt� �� C i n �i JS { � Yi*t - k � y��4 b Age Breakdown 7% 7% - 11 - • Applications processed according to age: 8% 9% ■ <6 years ■ 6 years ❑ 7 years ❑ 8 years ■ 9 years ■ 10 years ■ 11 years ❑ 12 years ■ 13 years ■ 14 years El 15 years El 16 years ■ 17 years ■ 18 years P.R.O. Kids Annual Report 2005 April 2006 -12- Financial Results 2005 P.R.O. Kids - Special Purpose Fund Statement of Receipts and Disbursements For the year ended December 31, 2005 prepared on March 30, 2006 Opening Balance, forward from December 31, 2004 27,663.36 Receipts 96,119.80 Disbursements Ball Hockey 869.25 Baseball 31130.00 Basketball 250 00 Boxing 300.00 Cheerleading 93245.00 Dance 8,476.38 Day Camp 978.70 Fitness Membership 2,079.74 Football 425.0 Golf 825.06 6 Gymnastics 11505.00 Hockey 127127.98 Horseback Riding 2,858.00 Indian Dinner Costs 109630.68 Lacrosse 500.00 Martial Arts 20,552.25 Music Lessons 6,138.84 Other 34.50 Scouts /Guides 31112.02 Skating 129.00 Ski Lessons 155.00 Soccer 31276.41 Summer Camp 1,288.50 Swimming lessons 12189.81 Theatre Arts Camp 550.00 Transportation 31752.00 Vocal Lessons 2,897.00 97,276.12 Ending balance 26,507.04 P.R.O. Kids Annual Report 2005 April 2006 -13- Fundraising Activities and Events in 2005 Kiwanis Calendars: Each year, the Kiwanis Club of Saint John sells Cash Calendars to help raise money for local charities. These calendars are sold for $20.00 a piece and allow the purchaser to have their name entered in various cash draws over the course of the year. In 2005, P.R.O. Kids was chosen as one of the charities to benefit from this campaign and thus received a donation of over $700.00. Pancake Breakfast: The City of Saint John's Leisure Services Department held a Pancake Breakfast in February in honor of Shrove Tuesday. City Staff were invited to enjoy a delicious meal of pancakes, sausages and beans. Donations were collected at the door, and all proceeds were donated to P.R.O. Kids. Curry Night Out: Curry Night Out was an exciting evening of good food, entertainment and great company. This was the third annual fundraising dinner for P.R.O Kids, held at the Delta Hotel in April. Over 300 people were in attendance that evening to enjoy the delicious Indian cuisine. Leadership Conference: Local entrepreneur, Ivan Sisco, held a Leadership Conference at Centre Samuel de Champlain in April. Those present joined over 70,000 business professionals from around the country via satellite for an unforgettable day of leadership development. P.R.O. Kids was one of two charities chosen to benefit from the proceeds of this unique event. rariona.wWMEFA Ksoon iz19GMrxJaVKNAt9 PRO Kids a community- driven program °ryi°"�.•�a.a..mY m�- ai�finea :- +�a+i�n.aro W�p amibanm. µyPYWFBS, P Wm4 un c.. womb aaaa &In� Y�reomsvl.dMYM t.�A.Wae.bw.q ter.. Ka ,. P.R.O. Kids Annual Report 2005 April 2006 n KH -DAY RM Man beats horse in challenge race -14- Neigh -Day Run: The first annual "Neigh -Day Run" was held at Exhibition Park Raceway in conjunction with the Harness Horsemen Association's Family Fun Day. Local distance runner Chris Brake drew a crowd to witness his victory over a racehorse during a '/ mile foot race. The event was sponsored by U.C.T. and all proceeds raised went to P.R.O. Kids. "" "°'�[T"` KVMHA 50150: The Kennebecasis Valley Minor Hockey L��M�M[ N�wej y��j Yp�wu U�np.btyMpy, �� e6�YSamu - ®ww yW[ WYm[WM44v[M1u Pu lmm Ym,rvN HYW Fn�Cm 9Y[Me la Association held a series of 50/50 draws over the spring months. A portion of the money raised was used to fund free hockey registrations for children and youth approved through P.R.O. Kids. The Dickie Crossman Memorial Golf nmrfKu: Tournament:'¢ It MELPEd MA - 1f E`AR'S This annual golf tournament, held at iECROS�i +AL OOL# '1',BIFJ Rockwood Park Golf Course, was started by N A"I 116 1 c...sm the friends and family of the late Dickie: Crossman. In 2004, P.R.O. Kids was �. chosen as the charity to benefit from the � e Witt, W � proceeds of this event on an annual basis. ` " °." In 2005, a total of $7,000.00 was raised in Mc iw[ fwr,ur, M mrne [`avmm IiwMOI pwt imn.m[m be mw ypuyn.¢b na,mp t[ ex°. support o P.R.O. Kids. We would like on thank the following apoeaore°ruhe 7005 Dkkk Cnowasan Men al GoVlbumarnat: aem ,mopwna egrun Marathon by the Sea — Community Partner: °gsa°��, 14a feGa[oln PmitiaBel GMC W, MuWmHmWO.tlnB U[[d4rflb "�IW.flyTWwaW. The Board of Directors for Marathon by the �==I Sea decided to choose a Community Q BV'HwrelfN+nrc. bYynetlN PN W. Ueon[n'v PoW Partner every two years to benefit from the �,„aftu& �. w.e�+ren0en[emau. funds raised by their event. In 2005, P.R.O. a 71" oo m__ Kids was chosen as their first Community Partner. The P.R.O. Kids Advisory Committee served dinner at the event's annual Pasta Party and received a donation in the amount of $5, 000.00 for the program. i j4 P.R.O. Kids Annual Report 2005 April 2006 n_�Y�iM1tlY�a�yy�pmy�ynQlp.��Y� MtIY�N1OrM ..eYOKyM�m{�r,Y�.MNMrM4b11i�smY W bWYpW\ RIIYVn" pb., ppppI1LO�1M�l V�y4W/uLIYY£�Yb�NMMtlw,lyMRiLUYY -15- Saint John Real Estate Board Community BBQ's: The Saint John Real Estate Board held a series of BBQ's throughout the community during the month of September. They raised money and awareness for P.R.O. Kids through the sale of hot dogs, hamburgers and pop. P.R.O. Kids Pumpkin Challenge: The Saint John Sea Dogs volunteered to carve pumpkins for the 2005 P.R.O. Kids Pumpkin Challenge. The pumpkins were then displayed for silent auction during one of their regular season games. Patrons bid on their favorite pumpkins to raise money for P.R.O. Kids. The Greater Saint John Community Foundation: During 2005, P.R.O. Kids was fortunate enough to be chosen to benefit from a total of $9,500.00 in grants from the Greater Saint John Community Foundation. Investors' Group High School Basketball Tournament: Investors' Group sponsored a High School Basketball Tournament for area schools. Each team paid a tournament fee to P.R.O. Kids, and a series of 50150 draws were also held. The event was well attended and coaches were already eager to find out information about next year's tournament. The Children's Foundation of the New Brunswick Protestant Orphans' Home: In November of this year, P.R.O. Kids applied to the Foundation of the New Brunswick Protestant Orphans' was granted funding in the amount of $25,000.00. Sport ,m P.R.O. Kids Annual Report 2005 Children's Home and April 2006 -16- Winter Lights — Blue Ribbon Campaign: As part of the 2005 Winter Lights competition, P.R.O. Kids sold blue ribbons at area Mall Displays to raise money. These gorgeous gift ribbons were well received by the public and were invaluable in raising awareness for the program. Mayor's Reception: In December, Mayor Norm McFarlane hosted a reception in the Red Room of City Hall to thank all of our major sponsors in 2005. The event was well attended and much appreciated by the supporters of P.R.O. Kids. * For a complete list of our generous sponsors in 2005, please see the Honour Roll on pages 17 -19. FUNDS FOR P.R.O. IODS P.R.O. Kids gets $34,500 boost ■redsboa[ =apaNaatbnoer SIM=mek7ar 2M ne.�e.. m w+nn..r..wweau.aeaa�o. P.R.O. Kids Annual Report 2005 April 2006 Sponsors in 2005 Sponsorship from local businesses, companies, organizations and individual citizens is a key factor for the success of the P.R.O. Kids program. The P.R.O. Kids Advisory Committee gratefully acknowledges the generous support of the following sponsors in 2005: 1 st. Ketepec Scout Troop AIDS Saint John Aliant Annie MacDonald Apple Auto Glass Ashe, Casey & Mills Chartered Accountants Association (des) scouts Saint- Frangois de Sales Atlantic Health Sciences Corporation Extra -Mural Program, Saint John Unit Bernie Morrison Bev Harrison Camp Glenburn Camp Medley Camp Sheldrake Canada Games Aquatic Centre CanSkate Figure Skating CBC Radio, Saint John (CBC Radio 1) Centenary Queen Square United Church of Canada Centennial Pontiac - Buick GMC Ltd. Centre Stage Dance Studio CFBC / C -981 K -100 Radio Station Champion Spirit Athletics All -Star Cheerleading Gym Chang Yong Tae Kwon Do Chito -Ryu School of Karate Clark Drummie Classic Auto Glass & Upholstery Clea Vye Connie Crowley Contours Express Studio Cooke Aquaculture Inc. Crowe's Place Ltd. D. J. Beardmore Dance Encore Danceability DanceZone Darren Davidson David Dow - Clarinet and Saxophone Studio David Somerville Debra Lindsay Delta Brunswick Hotel Dr. Mark J. Lowney M.D. East Saint John Minor Basketball Association East Suburban Little League Elaine Boulanger Evergreen Riding Centre Firefighters Local #771 Fred -Eric Poitras Full Gospel Assembly Fundy Gymnastics Club Fundy Minor Football Fundy Soccer Association FUSION General Freight Carriers Inc. Geoff Britt Geoffrey McCausland Girl Guides of Canada Golden Gloves Boxing Club GoodLife Fitness Clubs Grand Bay Home Hardware Grand Bay - Westfield Liberal Association Grannan Food Group Gymnastics Saint John H.E.L.P. Educational Services Hampton Bible Camp Hampton Pool Hampton Soccer Club Harbour Station Harbour View High School Health & Community Services Social Committee Healthy Touch Massage Hockey Canada — Atlantic Centre of Excellence Hockey Ministry of Canada Homeport Historic c1858 Bed & Breakfast/Inn Integrated Day Camp - Forest Glen Community Centre Irish Colleen Dinner Irving Pulp & Paper Ltd. Ivan Sisco Jerrys Taxi Judokai -Kan Ju -Jutsu Ken Gents Oldtimers Hockey Club Kent Building Supplies Key Industries Kim's Academy of Dance Kindermusik Kiwanis Charities of Saint John KV Atom 'AA' Sabres P.R.O. Kids Annual Report 2005 April 2006 F KV Minor Ball Association KV Minor Basketball Association KV Minor Hockey Association KV Raiders Football Labatt Breweries New Brunswick Lacrosse New Brunswick Lancaster Minor Baseball Lancaster Minor Hockey Association Lantic Sugar Limited Leisure Services Department — City of Saint John Lester Trophies Lise Allen Local 1418 CUPE M.D. Management Marco Polo Quilters Guild Margaret Wennberg Margaret Willow Edwards Martha Beardmore Martha MacLean McGrath School of Dance Media Planet Agency Mike Doyle Milford Community Centre Inc. Molson Coors Brewing Company Moosehead Breweries Mr. Edward D. Thornton N.B. Common Front for Social Justice N.B. Federation of Labour Women's Committee New Brunswick Community College Norrad Chrysler Ltd. North End Little League Okuden - Mixed Martial Arts Orthopaedics Plus Ltd. Owen McCausland Pam lype Perry's Market Ltd. Peter J. MacDonald Foley Mountain Resorts Ltd. Portland Scout Group Pro Co Hockey Inc. Quispamsis Figure Skating Club Quispamsis Tae Kwon Do Ray McCaskill River Valley Soccer Rob Scott Insurance Agency Ltd. Rockwood Stables Running Room Canada Inc. Ryan McHugh Saint David's United Church Saint John and District Labour Council Saint John Arts Centre Saint John Harness Horsemen's Association Saint John High School Saint John High School Performing Arts Summer Program Saint John Human Development Council Saint John Leadership Conference Saint John Portland Womens' Liberal Association Saint John Real Estate Board Inc. Saint John Sea Dogs Saint John Soccer Club Saint John YM -YWCA Saint John Youth Minor Hockey Association Sally -Anne Wagstaff Sandra Roy Scotiabank Scotiaview Seafood Inc. Scouts Canada Seaside Tent & Trailor Park Shelley Foster Shop 211 Atlantic Health Sciences Corporation Simonds High School Simonds Taxi Inc. Sisters of Charity of the Immaculate Conception Soong Badminton Academy South End Little League Southern Marine Inc. St. Joseph's Community Health Centre St. Paul's Anglican Church Stolt Sea Farm Tammy's Studio Tara Morrison TD Bank Canada Trust The Boys and Girls Club of Saint John Inc. The City Market The Fisher Foundation The Studio The Wave 97.3CHWV The Westfield Golf and Country Club Inc. Theresa Giddings School of Dance Tifani Cooke Tim Hortons — Run Through History Town of Rothesay Day Camps Ultimate Spirit Athletics All -Star Cheerleading UNBSJ Athletics Department Unique Signature Prints University of Saint John Residence Council Urban Core Support Network Valley Taxi 2002 Vibrant Communities Saint John William Ryan Windcrest Bible Camp WinterLights Celebrations — Saint John P.R.O. Kids Annual Report 2005 April 2006 19 P.R.O. Kids would like to extend a special thank You to the following major sponsors in 2005 for their generosity and support: The Children's Foundation of the N.B. Protestant Orphans' Home The Greater Saint John Community Foundation Dickie Crossman Memorial Foundation Marathon by the Sea Canadian Tire Foundation for Families — JumpStart Program Investors Group High School Basketball Tournament Alternative Measures Program Province of New Brunswick 2005 Neigh -Day Run United Way of Greater Saint John Inc. IBM Employees' Charitable Fund Saint John Real Estate Board Inc. United Commercial Travelers of America - Jack Kidd Council #755 Brent Kelly Memorial Fund Investors Group Financial Services Inc. Wayne Wolfe Thank you to the Towns of Grand Bay - Westfield, Rothesay and Quispamsis, as well as to the City of Saint John for covering the administration costs of P.R.O. Kids, allowing 100% of donations from our generous sponsors to go back to the children and youth of Greater Saint John. P.R.O. Kids Annual Report 2005 April 2006 20 Advisory Committee The success of P.R.O. Kids is greatly due to the volunteer efforts of its Advisory Committee. The committee is assembled to ensure we have representation from youth, recreation /sport/culture participants and volunteers, P.R.O. Kids financial supporters, marketing expertise, social /health services, parent, fundraising expertise, and community leaders. • Colleen Knudson — Co -chair Atlantic Health Sciences Representative 2; PetereMuire _h8irhlistW Wh. ,1 3. Adrienne Boudreau YM -YWCA — Director of Youth and Teen ,. Services 4. r Iut y tit w4;3oi g *�► Aa t ' '+p 1ilia P 3N i 'i • .n •T°'+,..4. S `Yf ,� y �y ir 5. Sherry Finley Physiotherapist s: Jaha3 $1�ye� Pint l! 00400 00 4..� 7. Monica Chaperlin Business Community Anti - Poverty Initiative 8. Pa #rt+rk t3emish Swde #�1BSJ, . 9• Terry Trecartin Mitchell McConnell Insurance Ltd. 10. itiirrdt 5#a#el J�it�rtahie 11. Christa Skinner First Steps Housing & FUSION 77% 77 °< t p Jasp�tl"ahenblLr�i'e►tir�t 71 '17 13. Chris Hoyt Saint John Fire Department Amy Schnare Manager — P.R.O. Kids _. P.R.O. Kids Annual Report 2005 April 2006 21 Conclusion P.R.O. Kids enjoyed another successful year in 2005. Once again over $100,000.00 was raised for the program through the hard work and dedication of the P.R.O. Kids Advisory Committee and the incredible community support. These funds allowed 394 children and youth to participate in positive recreation activities over the past year. The program regionalized in February of 2005 and now serves the residents of Grand Bay - Westfield, Quispamsis, Rothesay and Saint John. Over 1,000 placements have been done since the inception of P.R.O. Kids in 2001, but there is still much work to be done. The issue of poverty continues to threaten the future of our community, but we will continue to break this vicious cycle, one child at a time. P.R.O. Kids Annual Report 2005 April 2006 May 5, 2006 Common Council of The City of Saint John Your Worship and Councillors: Re: Request for Surrender of Lease The Exhibition Association of the City and County of Saint John (the Association) and the City entered into a Lease in March of 2003 which provided the City with a 66 year term in land adjacent to the site where the Simonds Centennial Arena once stood. By that time the state of the Arena required its demolition. The Association which owned the Arena site wished to pursue development projects in the area and consequently, an agreement was struck between the Association and the City which provided for the City's demolishing the Arena and surrendering its interest in that site to the Association. The agreement provided in exchange, for the Association's granting to the City the 66 year Lease mentioned. The Lease stipulated that it would automatically terminate: "In the event the Lessee does not commence the construction of any building on the Demised Lands within three (3) years of the Lease Commencement Date .... " The Lease Commencement Date is defined as March 1, 2003 and consequently the commencement of construction of a building on the site was required by March 1, 2006 in order for the Lease to continue. No such construction has occurred and the Lease terminated automatically as contemplated by its terms. The Association wishes to record documentation under the Land Titles Act providing public notice of the termination and as a result has requested that the City execute a Surrender of Lease in the Association's favour. The matter of the City's executing a Surrender is not addressed in the Lease itself, however, in my opinion the request is a reasonable one and I would recommend that Council accede to it. The following is the text of an appropriate resolution: ../2 Common Council May 5, 2006 Re: Request for Surrender of Lease City Solicitor Page 2 WHEREAS the Lease between the Exhibition Association of the City and County of Saint John as Lessor and The City of Saint John as Lessee of lands identified as Lot 03 -01 on a Subdivision Plan filed in the Saint John County Registry Office on February 18, 2003 as No. 15835771, and which Lease is dated as of March 1, 2003, has terminated pursuant to the terms of Section 5.05 thereof; AND WHEREAS the Exhibition Association has requested that the City execute a Surrender of Lease in order that notice of the aforesaid termination be recorded under the Land Titles Act; NOW THEREFORE BE IT RESOLVED that the Mayor and Common Clerk be authorized to execute a Surrender of the Lease between the Exhibition Association of the City and County of Saint John as Lessor and The City of Saint John as Lessee, which Lease is dated as of March 1, 2003, and notice of which was recorded in the Saint John County Registry Office on the 27th day of March, 2003 as Number 16000383. Respectfully Submitted, John L. Nugent City Solicitor Canadian Societe Cancer canadienne IMIM Society du cancer 113 municipal pesticide free by -laws across Canada have been enacted An additional 12 pesticide by -laws are at the draft stage pending adoption. May 1, 2006 Dear Mayor and Councilors On March 20". 2006, the Canadian Cancer Society — New Brunswick Division requested you to consider the adoption of a pesticide -free by -law for your municipality. We have since learned that the City of Saint agenda at their April 10th council meeting. As News report told us that the Environment C City not pursue a pesticide by -law. We would which the Environment Committee brought Council. John has put this issue on their a result of this meeting, the CBC ommittee recommended that the like to address some of the issues up in their 2005 report to the Point 1: The work being done by the government agencies appears to offer reasonable protection... Fact: The federal government's process for regulating these dangerous chemicals is going much too slow. In 2000, the Government of Canada pledged to re- evaluate 405 old pesticides as recommended in the report by the Standing Committee on Environment and Sustainable Development; "Perticides - Making the Bsgbt Choice". By 2004, 61 of the 405 were re- evaluated, and 53 of the 61 were taken off the market, with the remaining pesticides still available on store shelves. NFW BRUNSWICK DIVISION Affiliated with The National Cancer Inst]tLue ofCanade 133 Price William Street, Suite 201 RO. Box 208 Saint John,NB EI.31' Telephone: (500) 6346272 tax: (506) 634-3808 -loll pica- 1 SOD 455 -909C C'aneci Information Service 1 888 939 -3331 CanccrC'onnectior 1 800 203 -0750 Smoker's 11elpline 1 877 513 -5331 ccsnbCanh.caneer.cc www.cancer.cs Allen Murray, President Anne Mcliemnn- Gamble, Executive Directoi DIVISION DU NOl1VFAU- 13RUNSWICK Afftx A F Inetitut nationa da cancer du Canada 133, rue Prince William, bureau 201 C.P. NM Saint John, (N.-R.) F21 31-4 'Yelcphone (506) 634 -6272 1 elecopieur(506) 634 -390N Numero sans frais 1 800455 -9091 Service d'infonnation Sur le cancel 1 888 939 -3333 C'ancerConnectim- 1 800 263 -6751 rei6assislance pour fumeurs 1 877 513 -533' ecsnb rDnb.cancer.a ww W.Caneerci. Allen M kit 'ay, president Anne Me I iernan- Gamble, directrice genet alc Point 2: The Environment Committee is in agreement with the concept of provincial regulation rather than individual municipalities trying to enforce local regulations. provide no countervailing health benefits is Fact: Enforcement is not an issue. It's an excuse not to act. The majority of the public want a pesticide - free by -law and it will empower them to protect the health of their families and achieve a pesticide -free community. Municipalities have other by -laws, such as littering, vandalism, etc., which also have enforcement challenges, yet these by -laws are still in place and the majority of citizens respect and comply with these by -laws. Point 3: The Committee is concerned that the municipality does not have the appropriate mandate, knowledge, or resources to regulate pesticides. provide no countervailing health benefits is Fact: Regulation is not the issue. Banning the non - essential, cosmetic use of these dangerous pesticides which provide no countervailing health benefits is a right and responsibility of municipalities. Committee suggestion: In the meantime and in line with what a number of other municipalities are doing, we do suggest that the City of Saint John can play a role in protecting its citizens by making information more readily available. We commend the City of Saint John for providing its residents with information on the concerns regarding pesticides and on the alternatives to pesticide use. However; a comprehensive approach is needed in this area to ensure citizens are protected and citizens expect their municipal government to exercise the provision given them in the Municipalities Act and noted by the judges of the Supreme Court (case 11057 Canada Ltee (Spraytecb) vs. Town of Hudson, Quebec, June 28, 2001). We have been informed that the Council of the City of Bathurst will be requesting the Cities of New Brunswick Association to lobby the Provincial Government to develop policies, programs and by -laws to restrict the use of pesticides within the Province of New Brunswick. We encourage the City of Saint John to step forward and support this resolution. However; in the interim, we strongly recommend your City Council to exercise its right and responsibility to enact a pesticide -free by -law as a precautionary measure until provincial legislation can be adopted. The residents of Saint John expect you to act in their best interests, including the protection of their health from unnecessary exposure to known and probable carcinogens, as found in pesticides. Thank you. Kind regards, Lynn Ann Dufflcy, Director of Public Issues and Communications ®Canadian canad € Cancer canaienne Society do cancer Frequently Asked Questions by Municipalities The word `pesticides' is an umbrella term for a variety of formulated products, including herbicides, vermicides, fungicides, and rodenticides. Repeated exposure to pesticides has been linked to brain cancer, leukemia, non - Hodgkin's lymphoma and lung cancer. The cosmetic use of pesticides has been shown to pollute lakes, rivers and streams, and contaminate wells. 1- Why act now? • Pesticides are toxic and are designed to kill. Although pesticides used and sold in Canada are registered, this does not mean they are safe. Even the federal government regulators do not claim that registration equals safety. • Repeated exposure to pesticides has been linked to chronic effects such as neurological problems, brain and lung cancer, immune suppression, leukemia, Parkinson's disease, kidney damage, non- Hoddkin's lymphoma and reproductive disorders, including endocrine disruption, low sperm count and sterility (Environment Canada). • Repeated applications can cause soil to become conditioned, which speeds up degradation of the pesticides. This results in the need to apply increasingly toxic chemicals at more frequent intervals to control the pest problem. Meanwhile, beneficial organisms are killed off, soil can become sterile, and pesticide - resistant insects breed to produce a species able to withstand the toxins. • Biomagnification: Over time and with repeated use, the concentration of these chemicals increases in an organism and causes more harm. • Testing has revealed that a wide range of pesticides and their residues are found in human blood and tissue, drinking water, households, and other areas where they can cause harm. 2- What about enforcement? Enforcement is not an issue. it's an excuse not to act. The majority of the public want a pesticide -free by -law and it will empower them to protect the health of their families and achieve a pesticide -free community. Municipalities have other by -laws, such as loitering, vandalism, etc., which also have enforcement challenges, yet these by -laws are still in place and the majority of citizens respect and comply with these by -laws. 3- Does the NB Municipality Act provide enabling legislation for municipalities to adopt pesticide -free bylaws? Municipalities Act, R.S.N.B., C.M_22, S 190 (2), First Schedule, allows municipalities in New Brunswick to respond expeditiously to new challenges facing municipalities in protecting the general welfare of residents in their territory. The Supreme Court of Canada's decision on June 28, 2001 in the case 114957 Canada Lice (Spraytech) vs. Town of Hudson, Quebec, the judges noted that other provinces; including New Brunswick, have similar provisions enabling their municipalities to make such by -laws. Shediac, Caraquet and Sackville have all adopted pesticide -free by -laws using the authority to act, provided under the Municipalities Act. St. Andrews has drafted a pesticide by -law quoting the Municipalities Act provision. CELA, the Canadian Environmental Law Association has published their research concerning the legal right for Canadian municipalities to pass strong bylaws to protect citizens within their municipalities against the cosmetic use of pesticides. The document can be downloaded from the following site: http://www.flora.orp/healthyottawa/CITY OF OTTAWA UNIVERSITY OF OTTAWA SEPT 05 .pd