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2010-03-01_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 01, 2010 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Litigation 10.2(4)(f,g) 1.3 Litigation 10.2(4)(b,g) Regular Meeting 1. Call to Order — Prayer 5:15 p.m. Council Chamber 1.0 Service -Based Budgeting Presentation 2. Approval of Minutes 2.1 Minutes of February 15, 2010 3. Adoption of Agenda 4. Disclosures of Conflict of Interest Items Forwarded from the February 15, 2010 Agenda 1. Economic Development (Councillor McGuire) 2. Common Clerk: Review of Council's Procedural By -Law 3. City Manager: Hillcrest Aquifer Carrying Capacity Study 4. City Manager: General Specifications - Division 28 Chip Seal 5. Planning Advisory Committee: Proposed Subdivision - 130 Gault Rd 5. Consent Agenda 5.1 Master Promotions Ltd Letter - Trade & Convention Centre Renovation (Recommendation: Receive for Information) 5.2 E. Betts letter: Trade and Convention Centre Renovation (Recommendation: Receive for Information) 5.3 Jackson Letter regarding Blueberry Hill Lands (Recommendation: Receive for Information) 5.4 Teed Letter regarding Lord Beaverbrook Art Gallery (Recommendation: Receive for Information) 5.5 E. Teed Letter: Support for Mount Carleton National Park (Recommendation: Mayor Send Letter of Support to Bathurst) 5.6 E. Teed Letter: Saint John Geopark (Recommendation: Receive for Information) 5.7 Enterprise Saint John Letter of Support for Trade and Convention Centre (Recommendation: Receive for Information) 5.8 Sale of Portion of Weldon Avenue (Recommendation in Report) 5.9 Acting City Manager (Recommendation in Report) 5.10 2010 NBCC Public Works Training Agreement (Recommendation in Report) 5.11 Proposed Public Hearing Date 1666 Hickey Rd and 25 -35 Bentley St (Recommendation in Report) 5.12 Brentwood Crescent Storm Sewer Easement 92 Brentwood Crescent (Recommendation in Report) 5.13 Residential Infrastructure Assistance No. 57 - 435 Boars Head Rd (Recommendation in Report) 5.14 Westfield Rd Reconstruction Project Acquisition of Freehold Portion of PID 55172209 (Recommendation in Report) 5.15 Westfield Road Reconstruction Project Acquisition of Easement through Portion of PID 00290254 (Recommendation in Report) 5.16 Harbour Clean Up Newman's Brook Sewer Separation NB Supply and Services PID 00046524 (Recommendation in Report) 5.17 155 Mystery Lake Ltd. Zoning & Section 39 Compliance (Recommendation in Report) 5.18 Initiate Stop -up and Closure for Portion of Elgin St (Recommendation in Report) 5.19 Stop -up and Close Portion of Water St (Recommendation in Report) 5.20 Ventilation system Replacement Rothesay Avenue Maintenance Garage, Tender 2009 085002T (Recommendation in Report) 5.21 Space Needs and Future Usage Analysis Saint John City Market Tower (Recommendation in Report) 5.22 Bilingual Services Program Coordinator Saint John 225 (Recommendation in Report) 5.23 Gault Road Wastewater Lift Station Reconstruction (Recommendation in Report) 5.24 Establishment of Permanent Positions (Recommendation in Report) 5.25 Request to Present: Terrain and ADI Studies (Recommendation: Refer to the Clerk to Schedule) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 7:15 p.m. 8.1(a) Nature Trust of New Brunswick and Friends of Blueberry Hill 8.1(b) Report to Council 8.1(c) Letters of Support 9. Public Hearings 7:00 p.m. 9.1(a) Proposed By -Law Amendment Stop Up and Close a Portion of Weldon Ave 10. Consideration of By -laws 10.1 Third Reading - Proposed By -Law Amendment to Stop Up and Close a Portion of Hazen Ave 10.2 Third Reading - Zoning ByLaw Amendment 130 Gault Road 11. Submissions by Council Members 11.1 Lancaster Avenue Property Issue (Councillor McGuire) 11.2 Tracking of Council's Motions (Councillor Snook) 11.3 Vacant and Derelict Buildings By -Law Implementation (Councillor Snook) 11.4 Alter Criteria for Snow Ban Street Exemptions (Councillor Sullivan) 11.5 ONE Change Application for Neighbourhood Funding (Councillor Sullivan) 11.6 District Energy System: Economic Opportunities (Deputy Mayor Chase) 11.7 Westfield Road Safety Concerns (Councillor McGuire) 12. Business Matters — Municipal Officers 12.1 City Manager: Canada Games Aquatic Centre Roof Replacement 12.2 City Manager: Public Information Session Newmans Brook Sewer Separation 12.3 City Solicitor: The Hardman Group Limited Mortgage to CIBC Mortgages Inc. 13. Committee Reports 13.1 Committee of the Whole: Recommending Saint John Adventures be Given Authorization to Apply for a Variance on City Owned Property 13.2 Board of Police Commissioners: 1 % Budget Cap for 2011 Budget 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 3 The City of Saint John Seance du conseil communal Lundi 1" mars 2010 Comite plenier 1. Ouverture de la seance 17 h — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces- verbal 10.2(4) 1.2 Litiges — alinea 10.2(4)f , g) 1.3 Litiges — alinea 10.2(4)b), g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17h :15 1.0 Presentation du budget fonde sur les services 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 15 fevrier 2010 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets Points reportes de 1'ordre du jour du 15 fevrier 2010 1. Developpement economique (conseiller McGuire) 2. Greffier communal: Examen de 1'arrete procedural du conseil 3. Directeur general : Hillcrest Aquifer Carrying Capacity Study (Etude sur la capacite limite des aquiferes de Hillcrest) 5. Comite consultatif d'urbanisme : Projet de lotissement au 130, chemin Gault 4. Directeur general : Specifications generales — Division 28 relative a la pause d'enduit superficiel 5. Questions soumises it 1'approbation du conseil 5.1 Lettre de Master Promotions Ltd — Renovation du Centre du commerce et des congres (recommandation : accepter a titre informatif 5.2 Lettre de E. Betts : Renovation du Centre du commerce et des congres (recommandation : accepter a titre informatif 5.3 Lettre de M. Jackson concernant les terres de Blueberry Hill (recommandation : accepter a titre informatif) 5.4 Lettre de M. Teed relative a la Galerie d'art Lord Beaverbrook (recommandation : accepter a titre informatif 5.5 Lettre de E. Teed: Soutien au parc national Mont Carleton (recommandation envoi de la lettre d'appui a Bathurst par le maire) 5.6 Lettre de E. Teed : G6oparc de Saint John (recommandation : accepter a titre informatif) 5.7 Lettre de soutien d'Enterprise Saint John au Centre du commerce et des congr&s (recommandation : accepter a titre informatif) 5.8 Vente dune partie de 1'avenue Weldon (recommandation figurant au rapport) 5.9 Directeur g6n6ral par int6rim (recommandation figurant au rapport) 5.10 Entente de 2010 relative a la formation en travaux publics au CCNB ( recommandation figurant au rapport) 5.11 Date propos6e pour la tenue dune audience publique concernant le 1666, chemin Hickey et les num6ros 25 a 35, rue Bentley (recommandation figurant au rapport) 5.12 Croissant Brentwood — Servitude pour une installation d'eau d'6gout au 92, croissant Brentwood (recommandation figurant au rapport) 5.13 Programme d'aide a 1'infrastructure r6sidentielle relativement aux num6ros 57 a 435, chemin Boars Head (recommandation figurant au rapport) 5.14 Projet de r6fection du chemin Westfield — Acquisition dune parcelle de propri6t6 franche portant le NID 55172209 (recommandation figurant au rapport) 5.15 Projet de r6fection du chemin Westfield — Acquisition dune parcelle de terrain portant le NID 00290254 ( recommandation figurant au rapport) 5.16 Nettoyage du port — S6paration de 1'6gout de Newmans Brook — minist6re de 1'Approvisionnement et des Services de la province du Nouveau - Brunswick, NID 00046524 (recommandation figurant au rapport) 5.17 155 Mystery Lake Ltd. — Zonage et conformit6 a Particle 39 (recommandation figurant au rapport) 5.18 136but de fermeture et de barrage dun trongon de la rue Elgin (recommandation figurant au rapport) 5.19 Fermeture et barrage dune partie de la rue Water (recommandation figurant au rapport) 5.20 Remplacement du syst6me de ventilation de 1'entrep6t du mat6riel d'entretien situ6 dans 1'avenue Rothesay, soumission 2009 085002T (recommandation figurant au rapport) 5.21 Analyse relative au vide de construction et a l'utilisation future de la tour du march6 municipal de The City of Saint John (recommandation figurant au rapport) 5.22 Coordonnateur du programme de services bilingues du Saint John 225 (recommandation figurant au rapport) 5.23 R6novation de la station de rel6vement des eaux us6es du chemin Gault (recommandation figurant au rapport) 5.24 Etablissement de poster permanents (recommandation figurant au rapport) 5.25 Demande pr&sent&e par: Etudes de terrain et d'ADI (recommandation transmettre a la greffi&e pour qu'une date de pr6sentation soit fix6e) 6. Commentaires present6s par les membres 7. Proclamation 8. Delegations et presentations 19 h 15 8.1(a) Fondation pour la protection des sites naturels du Nouveau - Brunswick et Friends of Blueberry Hill 8.1b) Lettres d'appui 9. Audiences publiques 19h 5 9.1a) Modification propos6e de Parret6 sur le zonage visant la fermeture et le barrage d'un trongon de 1'avenue Weldon 10. Etude des arretes municipaux 10.1 Troisieme lecture de la modification propos6e de 1'arr6t6 sur le zonage visant la fermeture et le barrage dun trongon de 1'avenue Hazen 10.2 Troisieme lecture de la modification de 1'arr6t6 de zonage visant le 130, chemin Gault 11. Interventions des membres du conseil 11.1 Probleme lib a la propri6t6 de Pavenue Lancaster (conseiller McGuire) 11.2 Suivi des motions du conseil (conseiller Snook) 11.3 Mise en oeuvre de 1'arret6 concernant les batiments vacants et abandonn6s (conseiller Snook) 11.4 Crites de modification des exemptions d'interdiction de stationnement dans les rues (conseiller Sullivan) 11.5 Demande de ONE Change pour un financement de voisinage (conseiller Sullivan) 11.6 Syst6me 6nerg6tique au sein du district : Possibilit6s 6conomiques (Maire suppl6ant Chase) 11.7 Pr6occupations en mati&e de s6curit6 concernant le chemin Westfield (conseiller McGuire) 12. Affaires municipales evoqu6es par les fonctionnaires municipaux 12.1 Directeur g6n6ral : Remplacement du toit du Centre aquatique des Jeux du Canada 12.2 Directeur g6n6ral : S6ance informative publique relative a la separation de 1'6gout de Newmans Brook 12.3 Avocat municipal: The Hardman Group Limited Mortgage a CIBC Mortgages Inc. 13. Rapports deposes par les comites 13.1 Comit6 pl6nier : Recommandation pour que Saint John Adventures soit autoris6e a pr6senter une demande de d6rogation pour une propri6t6 appartenant a la municipalit6 13.2 Bureau des commissaires de la police : 1 % de d6penses en capital du budget pour le budget de 2011 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance gen6rale 16. Levee de la seance 0 March 1, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of September 14, 2009 contains the following items on the agenda: 1.1 Approval of Minutes 10.2(4); 1.2 Litigation 10.2(4)(f,g); 1.3 Litigation 102(4)(b,g) Section 102(4) of the Municipalities Act states: "If it is necessary at a meeting of council, or committee of council, to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion ": (b) "Personal Information" (f): "information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business ". (g) "litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal' Respectfully Submitted, XJonathan Tay or, Assistant Common Clerk r4 - SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 I www saingohn.ca I C.P. 1971 Saint John, N: B. Canada E2L 4L1 /�,0 REPORT TO COMMON COUNCIL February 25, 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Common Council ,Subject: Service -Based Budgeting Presentation The My QFSWU John In June of 2009, Common Council adopted an accountability framework that aims to create a strong focus on results. The framework identifies service -based budgeting as an essential component to demonstrating accountability for service results. A service -based budget is an integrated annual performance plan and annual budget that shows the relationship between funding levels and expected results on a service by service basis. A presentation will be made to Common Council March 1, 2010 to create a better understanding of what service -based budgeting is and how this accountability tool can be used by Council to make policy decisions that support effective and efficient delivery of service. Attached are materials that support this presentation for Council's review. • Presentation Slides: City of Saint John 2010 Service -Based Budget • Service Plan Reader's Guide • Sample Service Plan: Sports and Recreation Facilities Service • 2010 Service -Based Budget Summary Respectfully submitted, r teph nie Rackley -Roach Eng Manager, Corpor e Planning 1 J. atrick Woods, CGA CW Manager 2/25/2010 John, City of Saint '2010 Servic'e-Based Budget, FW s ` R i $J! A Commitment to Demonstrating Accountability Focused on achieving results that address community needs. • Planning Framework: Translating Vision into Action • Service -Based Budgets: Services versus Structure • Process: Engaging Citizens and Service Providers • Service Plans: Citizen Focused • Accountability: Planning for Results • Alignment: Effective and Efficient Service Delivery 2010 Service -Based Budget 55RIlUkIV 1 E ectakos Integrated Community Sustaina'vdiiy Plan 2010 service -Based Budget 2/25/2010 Planning Framework: translating community vision into action Ensuring services have an impact on the things that matter to Saint Johners .ter M4 • Community Plan • Roads • Recreation 4) • Stormwater Management 2010 Service -Based Budget 2 10 2/2512010 An integrated performance plan and annual budget that shows the relationship between funding levels and expected results on a service -by- service basis. 2010 Service -Based Budget MINtXXLN i M "'Budget: Why do it Supports Council in strategic, policy based discussions to evaluate: • What services should the City of Saint John be providing? • Are the public's needs being addressed? • Are citizens getting good 'value for money'? • Are there alternative methods of delivering or funding a service? • How effectively are service goals being achieved? • What difference is the service making to quality of life? 2010 Service -Based Budget strT xAn 11 i ! Service Standard Priority 1: 8 hours after end of storm - bare pavement, travel lanes 2 days after end of storm - bare pavement, curb to curb l Priority 2: 8 hours after end + of storm - bare pavement, centre line 2 days after end of storm - bare pavement, travel lanes 2090 Service -Based Budget e e , o c�.� o a u 0 0 0 0o-6 0 0 Naighbourh0_*] Irii :nivu innnl C'am. LIAkp, Planning Service Sports & Rectl;et-�n Fse�ts!len Ooyer�prw!nlAdvisory and Approval Seance Arts & Culturr GervltM Tcur —Lm [;eestinafion Marketing Service Heritage Conairurd4m aivloa EC.arerrri� Development Service Affordable Ht filti6S.iwic& tktsullS.adevelopmenlService bvl,rrlr lwa Park Development Service • ncy Management Service -afely Communication Service Rescue Services rescue and Suppression Seance cal Rescue Service ..-dour Materials Emergency Response Service •evention Service _ vestigation Service +: ' . al First Responder Service ervices Reduction Service H a ,ency Response Service 13N r nforcemenl Service Services Order Service s Enforcement Service on and Enforcement Service 2010 Service -Based Budget 12 S Nd Wash Management Service Parka & Ofy Landscape Service IrMustriei Water Service' prinking Water Service' Wastewater Service' Roadway Main::.:;. =rr . Sidewalk Maintar. lm'wi,icL Pedestrian and Trrdifir.'rkarugernart. Str`dp4 Stormwater Ma- ai]rnirm Sor-Ats Transit Service Parking Service. iii 2/25/2010 2010 Service -Based Budget 2010 Service -Based Budget u� F Service Drivers 0 U 0 Quick Facts E Strategic Focus Areas E- Performance Measures Budget Allocation 13 ;r 2/25/2010 2/25/2010 2010 Service -Based Budget MA 2010 Service -Based Budget aUNT ON 14 2010 Service -Based Budget 0 2010 Service -Based Budget 15 2/25/2010 Quick Facts 2010 Service -Based Budget Slralogic Foicuu areas %�?2S1 201D Service -Based Budget 16 2/25/2010 Performance Measures 2010 Service -Based Budget 0d r _ u Service Ob]eclive Percentage of time first truck arrives at To ensure timely response incidents in six (6) minutes or less to incidents to reduce loss. _ i (emergency calls only) The target for effective ' I ao I response time is within six minutes 90 %of the time. Why Measure? i One indicator of how 0 effective service delivery is f I at minimizing loss. auur wus 2010 Servce -Based Budget 17 2009 L7,XA Ce X.r 2/25/2010 0 Citizen:Satisfaction Recreation Facilities Ir Service Objective } To provide safe, quality sport and recreational facilities that foster participation in sport and physical activity. i Target 85% satisfaction - Ipsos Reid norm. Why Measure? Indicatnr Uf huw effective service delivery as at meeting recreation needs. 2010 Service -Based Budget Percentage of citizens satisfied with municipal recreation facilities (community centres, sports fields, arenas) 100 50 i a y 2009 2010 r 2011 2OXX Budget Allocation 2010 Service -Based Budget 18 2/25/2010 10 Operating Budget— Roadway Maintenance Service Service Revenue z5anno 258,000 0 Other funding Sources 0 0 0 Total Revenue 258,000 256,000 0 SaNdas & 66oafru 5,310,969 S,A02,455 117 Goods aUrAces 5,492,780 8,29A,112 14.7 Total EHporWIMas 14,603.,771 11,700,576 U GereeralFund 10,545,771 11,442,578 63 "Fa 77 e2 Operating Budget — Breakdown of Cost by Sub - Service Street Cieanirgi 1,795,161i 1,836,291 2.3 i r Snow & Ice Control ; 3,992,359 4,223,600 5.8 w 5¢rT7ca Maintenance 5,016,230 � 5,640,687 12.4 � 2010 Service -Based Budget i Impact Resource requirement to meet demand to ensure availability of parking spaces. j Offset expenditure with `l revenue generated from tickets and fines. 2010 Service -Based Budget Expenditure Revenue 19 11 2/25/2010 11 Jraw Jury August H S.ploMber Octobai t: o-armbaf flocemher rEe. Capital Bu7get Picccs�. tr. City Manager and Commissioner of Finance responsible for managing process. 2010 Service -Based Budget • Tool to make policy decisions with respect to spending public funds. • Builds common understanding of why we deliver service and service level standards (what). • Supports continuous improvement efforts — synergies and alignment. • Allows us to better demonstrate accountability for results. 2010 Service -Based Budget 20 `_ KV rte_ J %T llW% 2/25/2010 12 2010 Service -Based Budget 2010 Service -Based Budget 21 G, -- LNT MV MfH914 2/25/2010 13 • Committee System • Agenda Management 2010 Service -Based Budget Considerations • Clear Accountability • Effectiveness • Efficiency 2010 Service -Based Budget 22 Agenda Example Policy Consideration Community Enrichment Public Safety Development and Growth Environment Transportation Administrative Services SST "DI Examples • Solid Waste Management Service — City Collection — FRSW Management • Agencies, Boards and Commissions — Purpose — Interaction — Accountability — Outcome 2/25/2010 14 2/25/2010 • Performance management — Performance measurement and reporting — Process and service improvement initiatives • Detailed action planning by service areas • Outcome mapping • Governance • Organizational Structure and Service Alignment 2010 Servic"ased Budget sum xHv 15 23 Svry ci+. Plan Outctrntes The City of Saint John has made a commitment to accountability. In support of its accountability objectives, the City has adopted a results- oriented approach to service delivery — adopting an Hi& development t,i accountability framework that guides Council and the Administration in establishing clear Serv,'ce dT +rir�s outcomes for all services; focusing on continuous improvement; and measuring and reporting on results. Supvrjr!4 tie City`: Service -based budgeting and related service planning is just one of many initiatives that will be a,cc6or kah,.lity ob)oct+vea implemented to support the move to a results- oriented organization — focusing on the citizen - eibsur rir. i hat servic and community needs. Service -based budgeting consists of an integrated annual performance sd lrisa.th • dr' rc plan and annual budget that shows the relationship between funding levels and expected results ill, r ed arors �f rl on a service by service basis. It indicates what performance targets should be achieved at a he efficient, in The n�i?sxfhc�ent, given level of spending. The service -based budget provides direct links between investments and =ustainablo Ia>aner results. Service plans supporting the budgeting process have been developed using a collaborative . SUPPUi15 tki;- n'c'Ve IG a approach — bringing together service providers at all levels of the organization to brainstorm and O'101140cu5ed develop strategies for effective and efficient service delivery. The following narrative outlines orgs7nlvation - pl8nninE the content contained in each of the service plans. Grid f0l :USirxq� €KI reRVIiS mail matter try the Community Outcomes: Defines the impact service delivery has in the community. Outcomes are comn'lLl01Y to.assure the identified based on the benefit to citizens as a result of service delivery. pithlic they are reez "s41ing dollars. and Description: Provides a brief explanation of the service - describing what the service is and what is involved in the delivery of service. Service Drivers: Identifies anything that has influence (opportunities or constraints) over how service is delivered. These drivers directly impact the level of service provided to the community. Typical examples include legislation, standards, regional considerations, socio- economic conditions, internal business processes, and environmental awareness. Strategic Focus Areas: Identifies service initiatives that will be undertaken in the next three to five years to enhance or improve service delivery and support the achievement of desired outcomes in the community. Focus areas are high level in nature and will require the development of more detailed action plans to implement. Quick Facts: Presents information related to the service that provides 'a picture' of the volume and type of work that is completed as part of service delivery. Performance Measures: Describes effectiveness and /or efficiency measures For each service that will be used as indicators in determining how well service delivery is meeting the needs of the community. Measures are based on service objectives which are designed to support the achievement of desired outcomes in the community. For each measure, the service objective, a description of the measure, and a brief explanation of the importance of the measure are provided. — SAINT JOHN 24 City of Saint John Public Facing Service Plans A program is a collection of services that work together to support the achievement of one or more common outcomes for the community. An outcome is a benefit or desired change in the community that is achieved as a result of coordinated service delivery. Services have been organized into six different programs that address a number of community outcomes including social well- being, public safety, economic vitality, a healthy environment, mobility, and governance and administration. I ##t R Neighbourhood Support and Social Development Service Sports and Recreation Facilities Service Arts & Culture Service Heritage Conservation Service Affordable Housing Service Emergency Management Service Public Safety Communication Service Fire and Rescue Services Fire Rescue and Suppression Service Technical Rescue Service Hazardous Materials Emergency Response Service Fire Prevention Service Fire Investigation Service Medical First Responder Service Police Services Crime Prevention Service Emergency Response Service Law Enforcement Service Victim Services Public Order Service By -Law Enforcement Service Inspection & Enforcement Service I Community Planning Service Development Adv.,sory and Approvai Service Tourism Destination Marketing Service Economic Development Service Urban Redevelopment Sarvice Industrial Park 7 -evhluorrient Service Service Plan Reader's Guide -- 2010 Service Plans Solid Waste Management Service Parks & City Landscape Service Industrial Water Service* Drinking Water Service* Wastewater Service * i. Transpo �- Roadway Mairtenance S+e Jce Sidewalk f A,FiIkwayr Mairmenarce SnrvJce Pedestrian and'Ir0fic Maraagernmi Service 25 Stormwater Mana gem mit S�_rvice Transit Service Parking Service Legislative and Corporate Administration Program i Legislative Service Legal Service Corporate Management Service Financial Management Service Purchasing and Materials Management Service Risk Ma nagem ent Se rvice Human Resource Management Service Customer and Employee Communication Service Information Management Service Asset Management Service . Denotes service Is Funded under the Water & Sewerage Utility Fund. q SAINT JOHN Community Outcome$ The Sports and Recreation facilities Service is a public service that provides all citizens with access to a T., t, f c,r r (.irid Re rearipn wide range of indoor /outdoor sport and recreation opportunities. This service is delivered through the F4TT'Jliris 5r�rnee._, scheduling, booking and maintenance of facilities that include sport fields, arenas, parks, playgrounds, and beaches. The service also provides event management support and coordination of special • Leads to the community events. dr= velctPmeat of t hyNical &nd rilErltill Lveid -b�l;;g rrts'�ll Oilzely; • l T) hi-,net- ; a u a i iTy fif i ffe III the cemratinity by 5Lppnr8 1nF a varaekv of Spin 171ariciif- ceanonM Opportullaki s. • ontril ule5"o life rKp('Fik "nCE : TIT-iit Impact lb; body, Oul,.m6 mind brrllding rgof- J Uaiuus .and chary t_ r. 1hii; is an invtasI -Pie li for future Ctadf.rs iivi • 1= �ilrarir��,rrtcsr��ical. coppc'ouniries frwr tlw City (A Saint P.11111 hV attrarti:lv_ fipw rpsitiem Vlsiinrs, ana husine5 Service Drivers M • Ability to access funding for capital • Growth and resulting diversity in the improvements. population (age, culture, accessibility) • Recreation recognized as a priority for the impacts recreation needs throughout the community. community. • Awareness of environmental issues affects • Service expectations are based on the maintenance requirements of facilities. availability of facilities. Quick • 4 arenas • 28 baseball /softball diamonds • 12,656 hours (approximate)of available ice time • 20 special events supported (approximate) • 4 beaches (lifeguard supervised) • 2 beaches (unsupervised) • 71 playgrounds 7 multipurpose sports fields (not including School District fields) • 22 tennis courts • 1 regional skate park Areas Strategic Focus • Develop operational plans to enhance • Review scheduling guidelines and fee scheduling and maintenance of sport and structure that maximizes facility usage. recreation facilities. • Invest in the development of four (4) mini • Conduct a gap analysis on sport and recreation skateboard parks in strategic locations across ..verb —A :nr•r.rr.r.ro +a --J +e tha r i+,, lr SAINT JOHN Performance Measures Objectives Measure Why Measure? To provide safe, quality sport and Citizen Satisfaction: Measure of the This measure is an indication as to recreational facilities that fosters community's satisfaction with the how well the City is addressing sport participation in sport and physical scheduling and condition of sport and and recreational facility needs and activity. recreation facilities. availability. To ensure the efficient scheduling, usage and maintenance of sport and recreation facilities. operating Budget for Service Service Revenue Other Funding sources Total Revenue Efficiency: Total operating costs per person. 772,900 0 772,900 This measure provides an indication of the costs associated with the scheduling and maintenance of sport and recreational facilities. Salaries & Benefits 1,998,344 Goods & services 1,105,059 _ Total Expenditures 3,103,403 General Funding Required 2,330,503 Full Time Equlvalent Staff (FTE) 29 Arena Maintenance Sports Fields/ Other Maintenance Sport Administration Other Facilities. Lord Beaverbrook Aquatic Centre 1,j11,3�5 1,554,406 237,642 145,000 228,135 D4b,YW , s 84,000 1 40,000 g Sports and Recreation Facilities Service SAINT JOHN 27 City of Saint John 2010 Budget Summary Total Expenditures $126,939,949 $134,203,729 5.72% Less Non -Tax Revenue 9,133,592 10,082,189 10.39% 12,086,876 117,806,357 124,121,540 5.36% Unconditional Grant 19,499,823 19,499,823 0.00% Net Budget 98,306,534 104,621,717 6.42% Tax Denominator $5,507,368,788 $5,861,160,628 6.42% Tax Rate 1.7850 1.7850 0.00% 2010 Budget Summary by Program n" 1* Community Enrichment Program 7,467,226 806,400 6,660,826 r.0 Public Safety Program jj� Development and Growth Program (i) Environment Program A Transportation Program Legislative and Corporate Administration Program Other Expenditures and Revenue Pension 2010 Service -Based Budget Summary 28 51,631,813 2,386,175 49,245,638 7,952,027 1,733,826 6,218,201 6,651,149 7,300 6,643,849 24,879,024 2,073,500 22,805,524 17,832,126 2,094,500 15,737,626 13,067,364 980,488 12,086,876 4,723,000 0 4,723,000 � lr, SAINT JOHN Gw City of Saint John 2010 Service -Based Budget Programs and Services Neighbourhood Support and Social Development Service Sports and Recreation Facilities Service Arts & Culture Service Heritage Conservation Service Affordable Housing Service Emergency Management Service Public Safety Communications Service Fire Services Fire Rescue and Suppression Service Technical Rescue Service Hazardous Material Emergency Response Service Fire Prevention Service Fire Investigation Service Medical First Responder Service Police Services By -Law Enforcement Service Inspection and Enforcement Service Other: Street Lighting Community Planning Service Development Advisory and Approval Service Economic Development Service Urban Redevelopment Service Industrial Park Development Service Solid Waste Management Service Parks & City Landscape Service Other: Environment Committee Roadway Maintenance Service Sidewalk Maintenance Service Pedestrian and Traffic Management Service Stormwater Management Service Transit Service Parking Service 2010 Service -Based Budget Summary 29 2010 2010 2010 eadIVIFras Revenues Net 2,768,707 33,500 2,735,207 3,476,538 772,900 2,703,638 972,028 0 972,028 224,953 0 224,953 25,000 0 25,000 320,000 0 320,000 2,231,000 436,925 1,794,075 22,333,554 40,000 22,293,554 80,359 0 320,000 148,145 150,000 (1,855) 830,140 4,000 826,140 90,568 0 90,568 85,473 0 85,473 22,672,700 150,000 22,522,700 819,647 94,000 725,647 1,020,226 1,511,250 (491,024) 1,000,000 0 1,000,000 a 1,209,771 0 1,209,771 782,441 37,500 744,941 3,364,580 561,125 2,803,455 2,272,360 1,135,201 1,137,159 322,875 0 322,875 4,233,745 5,000 4,228,745 2,412,884 2,300 2,410,584 4,520 0 4,520 11,700,578 275,000 11,425,578 1,750,790 0 1,750,790 1,567,918 25,000 1,542,918 3,321,432 0 3,321,432 6,010,489 0 6,010,489 527,817 1,773,500 (1,245,683) 1E SAINT JOHN City of Saint John 2010 Service -Based Budget Programs and Services 2010 2010 2010 Expenditures Revenues Net Legislative Service 1,617,411 0 1,617,411 Legal Service 791,307 0 791,307 Corporate Management Service 1,254,789 0 1,254,789 Financial Management Service 2,883,736 0 2,883,736 Risk Management Service 737,000 0 737,000 Customer and Employee Communication Service 527,989 0 527,989 Human Resource Management Service 1,456,474 0 1,456,474 Purchasing and Material Management Service 1,237,788 0 1,237,788 Information Management Service 2,250,523 25,000 2,225,523 Asset Management Service 5,075,109 210,000 4,865,109 Other; Administrative Cost Recoveries 0 1,859,500 (1,859,500) • and Revenues 13,067,364 ••. Debt Payments 13,067,364 0 13,067,364 Short Term Interest 0 200,000 (200,000) Miscellaneous 0 398,000 (398,000) Surplus 2nd Previous Year 0 382,488 (382,488) Pensio ,U[)Cl 00• Funding Charge 2004, 2005 and 2006 1,765,250 0 1,765,250 Current Year Special Payment 3,257,750 0 3,257,750 Additional Employee Contributions (300,000) 0 (300,000) 1 2010 Service -Based Budget Summary % SAINT JOHN 30 City of Saint John 2010 Service -Based Budget (Program, Service and Sub - Service Details) ,#1 Community Enrichment Program 2010 2010 2010 Services Expenditures Revenue Net Neighbourhood Support and Social ll�vie�+ntriil 58rviea, Community Centres 864,240 11,500 852,740 Lifeguard Program 80,000 80,000 Summer Program 120,000 120,000 Minor Hockey Subsidy 192,361 192,361 Special Populations e.g., Seniors 80,000 4,000 76,000 Community Development 291,552 291,552 ProKids 78,321 18,000 60,321 Grants: Other Loch Lomond Community Centre 45,000 Mind care 5,000 Recreation Community Groups 36,000 Mispec Park 25,000 Seniors Resource Centre 3,000 South End Days 1,000 Boys and Girls Club 1,000 Women's Wellness 2,300 Library 433,233 UNBSI Capital Campaign 200,000 Senior Citizens Centre 31,000 Human Development Council 48,000 PRUDE 22,000 Ability Advisory Committee 3,000 Seafarers Mission 1,500 Neighbourhood Development 150,000 Key Industries 30,000 St. Joseph's Hospital Foundation 23,000 1,062,233 1,062,233 Neighbourhood Improvement and Social Development Service 2,768,707 33,500 2,735,207 Sports and Recreation Facilities Servic€ Arena Maintenance 1,311,355 648,900 662,455 Sport Fields / Other 1,554,406 84,000 1,470,406 Sport Admin 237,642 40,000 197,642 Other Facilities Lord Beaverbrook 145,000 Aquatic Centre 228,135 373,135 _ 373,135 Sports and Recreation Facilities Service 3,476,538 772,900 2,703,638 2010 Service -Based Budget Summary SAINT JOHN 31 City of Saint John 2010 Service -Based Budget (Program, Service and Sub - Service Details) Arts & Culture Service 972,028 0 972,028 Heritage Conservation Service Heritage Conservation Service 224,953 0 224,953 Affordable Housing 5ervlre Affordable Housing Service iii i 25,000 Community Enrichment Program,. 7,467,226 806,400 _ I, 6,660,826 2010 Service -Based Budget Summary 32 SAINT JOHN Community Enrichment Program 2010 2010 2010 Services Expenditures Revenue Net Ar'i & Culture Service Cultural Affairs Office 110,000 110,000 Grants: Arts & Culture Organizations Imperial Theatre 313,869 Saint John Arts Centre 104,159 Arts & Culture Board 80,000 Symphony 5,000 NB Arts Board 40,000 Opera NB 3,000 Cultural Capitals 150,000 Imperial Theatre Campaign 25,000 ASJ Theatre Arts 10,000 731,028 731,028 Grants: Arts & Culture Events / Other Jazz and Blues Festival 20,000 Festival de la Baie Francais 5,000 Other 45,000 Fundy Bay Festival 7,500 New Years / Canada Day Celebrations 15,000 Remembrance Day Ceremony 2,000 225 Events 15,000 International Francophone Day Festivities 2,500 NB Historical Society 14,000 St. John River Society 5,000 131,000 131,000 Arts & Culture Service 972,028 0 972,028 Heritage Conservation Service Heritage Conservation Service 224,953 0 224,953 Affordable Housing 5ervlre Affordable Housing Service iii i 25,000 Community Enrichment Program,. 7,467,226 806,400 _ I, 6,660,826 2010 Service -Based Budget Summary 32 SAINT JOHN City of Saint John 2010 Service -Based Budget (Program, Service and Sub - Service Details) �~ 2010 2010 2010 Services Expenditures Revenue Net Emergency Management Service Emergency Management Service Public Safety Communications Service Public Safety Communications Service Fire Services Fire Rescue and Suppression Service Fire Rescue and Suppression Operations and Training Water Supply and Hydrants Technicai Rescue Service Hazardous Materials Emergency Response Service Fire Prevention Service Fire Investigation Service Medical First Responder Service Fire Services Police Services Police Services By -Law Enforcement Service By- Law - Enforcement Animal and Pest Control By -Law Enforcement Service Inspection and Enforcement Service Inspection and Enforcement Service 320,000 0 320,000 2,231,000 436,925 1,794,075 20,033,554 562,647 163,000 2,300,000 22,333,554 40,000 22,293,554 80,359 725,647 80,359 148,145 150,000 (1,855) 830,140 4,000 826,140 90,568 90,568 85,473 85,473 23,568,240 194,000 23,374,240 22,672,700 150,000 22,522,700 656,647 94,000 562,647 163,000 163,000 819,647 94,000 725,647 1,020,226 1,511,250 (491,024) Other Items Street Lighting 1,000,000 1,000,000 Public Safety Program 51,631,813 2,386,175 49,245,638 2010 Service -Based Budget Summary 33 SAINT JOHN City of Saint John 2010 Service -Based Budget [Program, Service and Sub - Service Details] D- s. . . o, 2010 2010 2010 Services Expenditures Revenue Net Community Planning Service Community Planning 453,271 453,271 Municipal Plan 756,500 756,500 Community Planning Service Development Advisory and Approval Service Development Advisory and Approval Service Economic Development Service City Market Grants: Other Service Providers Enterprise Saint John Saint John Trade & Convention Centre Harbour Station Tourism Promotion Cherry Brook Zoo Grants: Economic Development Events Pavilion Cup International Police Conference 2010 Canadian Masters Curling Acadian Games Economic Development Service Urban Redevelopment SeruicL- Grants: Other Service Providers Waterfront Development Saint John Development Corporation Market Sq Common Urban Redevelopment Service 1,209,771 0 1,209,771 782,441 37,500 744,941 881,773 485,625 396,148 432,750 565,818 387,033 1,000,706 60,000 2,446,307 5,000 10,000 1,500 20,000 36,500 3,364,580 105,000 175,000 1,992,360 75,500 2,370,807 36,500 561,125 2,803,455 2,272,360 1,135,201 2,272,360 1,135,201 1,137,159 1,137,159 Industrial Park Development Service Grants: Other Service Providers Saint John Industrial Parks Ltd 322,875 322,875 Industrial Park Development Service 322,875 0 322,875 Program 6,218,201 2010 Service -Based Budget Summary 34 SAINT JOHN City of Saint John 2010 Service -Based Budget (Program, Service and Sub - Service Details) 2010 Services Expenditures Solid Waste Management Service Solid Waste Collection 4,233,745 Solid Waste Management Service Parks & City Landscape Service Parks and Open Space Maintenance Rockwood Park Grants: Other Service Providers Saint John Horticultural Association Parks & City Landscape Service 4,233,745 2,194,493 178,391 40,000 40,000 2,412,884 2010 2010 Revenue Net 5,000 4,228,745 5,000 4,228,745 2,194,493 2,300 176,091 40,000 2,300 2,410,584 Other Items Environment Committee 4,520 4,520 7,300 2010 Service -Based Budget Summary SAINT loxiv 35 City of Saint John 2010 Service -Based Budget (Program, Service and Sub - Service Details) �jj Transportation Progr2 Sidewalk Maintenance Service Sidewalk Maintenance 831,047 Sidewalk Snow and Ice 919,743 Sidewalk Maintenance Service Pedestrian and Traffic Management Service Pedestrian and Traffic Management Service Stormwater Management Service Stormwater Management Service Transit Service Transit Operations Transit Debt Transit Service 1,750,790 0 1,750,790 1,567,918 25,000 1,542,918 3,321,432 0 3,321,432 4,451,050 1,559,439 6,010,489 0 6,010,489 Parking Service Parking Service 527,817 1,773,500 (1,245,683) Transportation Program 24,879,024 2,073,500 22,805,524 2010 Service -Based Budget Summary 36 SAINT JOHN 2010 2010 2010 Services Expenditures Revenue Net Roadway Maintenance Service Street Cleaning 1,836,291 Snow and Ice Control 4,223,600 Surface Maintenance 5,640,687 Roadway Maintenance Service 11,700,578 275,000 11,425,578 Sidewalk Maintenance Service Sidewalk Maintenance 831,047 Sidewalk Snow and Ice 919,743 Sidewalk Maintenance Service Pedestrian and Traffic Management Service Pedestrian and Traffic Management Service Stormwater Management Service Stormwater Management Service Transit Service Transit Operations Transit Debt Transit Service 1,750,790 0 1,750,790 1,567,918 25,000 1,542,918 3,321,432 0 3,321,432 4,451,050 1,559,439 6,010,489 0 6,010,489 Parking Service Parking Service 527,817 1,773,500 (1,245,683) Transportation Program 24,879,024 2,073,500 22,805,524 2010 Service -Based Budget Summary 36 SAINT JOHN City of Saint John 2010 Service -Based Budget (Program, Service and Sub- Servlce Details) Services Legislative Service Mayor's Office Common Council Common Clerk Grants: Legislative Events Twin City Meetings Legislative Service Legal Service Legal Service Corporate Management Service City Manager's Office Corporate Planning Corporate Management Service Financial Management Service Finance Properly Assessment Financial Management Service Risk Management Service Risk Management Service CuStoiner and Employee Communication Service Customer and Employee Communication Service Human Resource ManagempnESPrWre Human Resource Management Service Purchasing and Materials Management Service Purchasing and Materials Management Service 2010 Service -Based Budget Summary 37 2010 2010 2010 I x re )J1Lures Revenue Net 220,200 220,200 565,000 565,000 826,711 826,711 5,500 5,500 5,500 1,617,411 0 1,617,411 791,307 0 791,307 717,824 717,824 536,965 536,965 1,254,789 0 1,254,789 1,711, 504 1,711,504 1,172,232 1,172,232 2,883,736 0 2,683,736 737,000 0 737,000 527,989 0 527,989 1,456,474 0 1,456,474 1,237,788 0 1,237,788 SAINT JOHN City of Saint John 2010 Service -Based Budget (Program, Service and Sub - Service Details) Program Legislative and Corporate Administration 2010 2010 Services Expenditures Revenue information Managemment Service Information Technology 1,958,191 Geographic Information Systems (GIS) 292,332 25,000 Information Management Service 2,250,523 25,000 Asset Management Service Municipal Engineering Engineering Infrastructure Development Corporate Properties and Facility Management Facility Management Carpentry Shop Real Estate City Hall Building Fleet Management Asset Management Service 599,260 235,277 1,038,057 453,297 405,983 1,573,460 834,537 500 2010 Net 1,958,191 267,332 2,225,523 834,037 3,470,797 204,500 3,266,297 769,775 5,000 764,775 5,075,109 210,000 4,865,109 Other Items Administrative Cost Recoveries 0 1,859,500 00 Council and Corporate Administration Service 17,832,126 2,094,500 15,737,626 2010 Service -Based Budget Summary 38 lr,__ SAINT JOHN 95 -171 COMMON COUNCIL / CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 15, 2010 - 6:00 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Mott, Snook, Sullivan, and Titus -and — P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; B. Connell, Deputy Police Chief; M. Gillen, Deputy Fire Chief, J. Taylor, Assistant Common Clerk and K. Tibbits, Administrative Assistant SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 15 FEVRIER 2010 A 18 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Higgins, McGuire, Mott, Snook, Sullivan et Titus et P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; B. Connell, chef de police adjoint; M. Gillen, chef adjoint du service d'incendie, J. Taylor, greffier communal adjoint et K. Tibbits, adjointe administrative. 1. Call To Order — Prayer Mayor Court called the meeting to order and Jerry Chiasson, Associate Pastor at Full Gospel Assembly, offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. Le pasteur Jerry Chiasson de la Full Gospel Assembly recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Snook Seconded by Councillor Mott RESOLVED that the minutes of the meeting of Common Council, held on February 1, 2010 be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Snook Appuyee par le conseiller Mott RESOLU que le proces- verbal de la seance du conseil communal tenue le 1 er fevrier 2010 soit approuve. A I'issue du vote, la proposition est adoptee. 39 95 -172 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of item 13.5 Committee of the Whole: Reversing Falls Restaurant Lease Arbitration Appeal, and further, that the following items be withdrawn: 12.2 Tender - Ventilation System Replacement Rothesay Ave Maintenance Garage; 13.3 Planning Advisory Committee: Proposed Subdivision — 130 Gault Rd Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 13.5, Comite plenier : Demande d'arbitrage concernant le bail du restaurant aux chutes reversibles Reversing Falls, et le retrait des points 12.2, Soumission — Remplacement du systeme de ventilation de 1'entrep6t du materiel d'entretien situe dans I'avenue Rothesay et 13.3, Comite consultatif d'urbanisme : Projet de lotissement au 130, chemin Gault. A I'issue du vote, la proposition est adoptee. 5. Consent Agenda 5.1 That the Revolution Strategy letter dated February 1, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.2 That the R. Holyoke letter dated January 29, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.3 That the Hospitality Saint John letter dated February 1, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.4 That the Saint John Board of Trade letter dated February 4, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.5 That the Hilton Worldwide letter dated January 22, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.6 That the Tim and Liz Isaac letter dated February 1, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.7 That the Venue Saint John letter dated January 22, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.8 That the Crescent Valley Community Tenants Association letter of January 27, 2010, regarding Winter Snow Clearing of Taylor Avenue be referred to the City Manager. 5.9 That the Saint John High School Canadian Law class request to present on the topic of Crime Reduction be referred to the Clerk to schedule. 5.10 That the L. Miller letter of February 9, 2010 regarding Parking Restrictions be received for information. 5.11 That the H. Toole letter of January 28, 2010 regarding the Police- Justice Complex tunnel entrance be referred to the Peel Plaza Steering Committee. 5.12 That the G. Bremner letter dated February 10, 2010, in support of proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.13 That the letter from Fundy Trail Development Authority Inc. regarding a City appointment to the Board be referred to the Nominating Committee. 40 95 -173 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 5.14 That the letter from the Saint John Board of Trade nominating Bill MacMackin as the Board of Trade's appointee to the Saint John Development Corporation, be referred to the Nominating Committee. 5.15 That the Fundy Minor Football Association letter of January 27, 2010 regarding the Canada Games Stadium refurbishment be received for information. 5.16 That as recommended by the City Manager in the submitted report M &C 2010- 40: Tender for Stair Replacement, the tender submitted by W &S General Contractors, for the supply of all necessary labour, materials and equipment required to remove the existing concrete entrance stairs and replace them with new concrete and steel stairs as per the specifications and requirements of the tender, and in the amount of $39,650.00 plus tax, be accepted. 5.17 That as recommended by the City Manager in the submitted report M &C 2010- 37: Amendment to Sale of Portion of Hazen Avenue, in the event that a portion of Hazen Avenue is stopped -up and closed, The City of Saint John sell its fee simple interest in Parcel "A" having an area of 517 square metres, as shown on the submitted Preliminary Amending Subdivision Plan, subject to any necessary municipal and / or public utility easements and an easement to permit underground passage therein, to the Province of New Brunswick for $50,000 plus HST (if applicable) on or before December 31, 2010 and further that the Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. 5.18 That Common Council schedule the public hearings for the rezoning applications of Paul Melanson (1 Millard Robson Lane) and Saint John Industrial Parks Ltd. (adjacent to 3550 Lorneville Road) for Monday, March 15, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.19 That as recommended by the City Manager in the submitted report M &C 2010- 44: Harbour Clean -Up — Newman's Brook Sewer Separation, The City of Saint John acquire from New Brunswick Housing Corporation an easement and rights in lands designated as PID number 411942 and PID number 411959 for the sum of $33,138.00 upon the terms and conditions set out in the Agreement of Purchase & Sale submitted with said report and that the Mayor and Common Clerk be authorized to sign all documents necessary. 5.20 That as recommended by the City Manager in the submitted report M &C 2010- 38: Westfield Road Reconstruction Project, The City of Saint John acquire: 1) the fee simple interest in a 122 square metre portion of PID number 00289629 — 1920 Westfield Road — and 2) a municipal services easement in a 21 square metre portion of PID number 00289629 — 1920 Westfield Road — all as shown on a Subdivision Plan entitled "Mary Leanne Straight and William Harland Straight Subdivision" dated December 16, 2009, from Mary L. Straight and William H. Straight for the all encompassing price of $3,000.00 (plus HST if applicable) upon the terms and conditions contained in the Agreement of Purchase & Sale submitted with M &C 2010 -38. 5.21 That as recommended by the City Manager in the submitted report M &C 2010- 36: Brentwood Crescent Storm Sewer Easement - 400 Woodward Avenue, The City of Saint John accept the offer of Herzl Jacob Kashetsky and Faith Eileen Kashetsky, affected land- owners as set out in the Agreement of Purchase & Sale submitted with M &C 2010 -36 and acquire the easement interest in, and through the portion of PID numbers 55005896 and 55005904 described in the Agreement for the aggregate sum of $2,341.00 (plus HST if applicable) upon the terms and conditions contained in the said Agreement and authorize the Mayor and Common Clerk to sign any document(s) necessary to finalize this transaction. On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. 41 95 -174 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Revolution Strategy, datee du 1 er fevrier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.2 Que la lettre de R. Holyoke, datee du 29 janvier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.3 Que la lettre de Hospitality Saint John, datee du 1er fevrier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.4 Que la lettre de Saint John Board of Trade, datee du 4 fevrier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.5 Que la lettre de Hilton Worldwide, datee du 22 janvier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.6 Que la lettre de Tim et Liz Isaac, datee du 1 er fevrier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.7 Que la lettre de Venue Saint John, datee du 22 janvier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.8 Que la lettre de I'Association des locataires de la collectivite de Crescent Valley en date du 27 janvier 2010 concernant le deneigement de I'avenue Taylor soit transmise au directeur general. 5.9 Que la lettre de demande soumise par le responsable du cours de droit canadien de I'ecole secondaire Saint John High School visant a faire une presentation sur la reduction de la criminalite soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.10 Que la lettre de L. Miller en date du 9 fevrier 2010 concernant les restrictions relatives au stationnement soit acceptee a titre informatif. 5.11 Que la lettre de H. Toole en date du 28 janvier 2010 concernant 1'entree de tunnel du centre judiciaire et policier soit transmise au comite directeur de la place Peel. 5.12 Que la lettre de G. Bremner, datee du 10 fevrier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.13 Que la lettre de la Fundy Trail Development Authority Inc. concernant la nomination d'un membre du conseil au sein de son conseil d'administration soit transmise au Comite des candidatures. 5.14 Que la lettre de la Saint John Board of Trade proposant Bill MacMackin pour sieger au conseil d'administration de la Saint John Development Corporation soit transmise au Comite des candidatures. 5.15 Que la lettre de I'association de football mineur de Fundy en date du 27 janvier 2010 concernant la remise en etat du stade des Jeux du Canada soit acceptee a titre informatif. 5.16 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-40: Soumission relative au remplacement de Fescalier, la soumission presentee par 1'entreprise W &S General Contractors concernant I'approvisionnement de la totalite de la main - d'oeuvre, du materiel et de 1'equipement necessaires au retrait des escaliers d'entree actuels en beton et a leur remplacement par de nouveaux escaliers en acier et en beton, conformement aux specifications et exigences visees par la soumission, pour la somme de 39 650 $, taxes en sus, soit acceptee. 5.17 Que, comme le recommande le directeur general dans le rapport soumis intitule 42 95 -175 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 M/C 2010-37: Modification a la vente dun trongon de Favenue Hazen, dans le cas ou une partie de I'avenue Hazen etait fermee a la circulation, The City of Saint John vende I'interet en fief simple de la parcelle « A », dont la superficie est de 517 metres carres, tel qu'il est illustre sur le plan modificateur de lotissement preliminaire presente, sous reserve des servitudes municipales ou de services publics necessaires et d'une servitude pour permettre un passage souterrain a cet egard, a la province du Nouveau - Brunswick pour la somme de 50 000 $, TVH en sus (le cas echeant), le 31 decembre 2009 ou avant cette date, et que le maire et la greffiere communale soient autorises a signer toute documentation requise pour conclure le transfert. 5.18 Que le conseil communal fixe la date d'audiences publiques relativement aux demandes de rezonage presentees par Paul Melanson (1, allee Millard Robson) et par Saint John Industrial Parks Ltd. (terrain adjacent au 3550, chemin Lorneville) au lundi 15 mars 2010, a 19 h, dans la salle du conseil et qu'il transmette les demandes au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.19 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-44: Nettoyage du port — Separation de 1'egout de Newmans Brook, The City of Saint John acquiere une servitude et les droits dans les terrains inscrits sous les NID 411942 et 411959, appartenant a Habitation Nouveau - Brunswick, pour la somme de 33 138 $, conformement aux conditions etablies dans la convention d'achat -vente presentee avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer tous les documents necessaires. 5.20 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-38: Projet de refection du chemin Westfield, The City of Saint John acquiere 1) I'interet en fief simple de la parcelle de terrain situee au 1920, chemin Westfield, inscrite sous le NID 00289629, 2) une servitude de services municipaux sur la parcelle de terrain situee au 1920, chemin Westfield, inscrite sous le NID 00289629 — le tout illustre sur le plan de lotissement intitule « Mary Leanne Straight and William Harland Straight Subdivision » ( lotissement de Mary Leanne Straight et William Harland Straight) date du 16 decembre 2009, appartenant a Mary L. Straight et William H. Straight, pour le montant global de 3 000 $ (TVH en sus le cas echeant), conformement aux conditions enoncees dans la convention d'achat -vente presentee avec le rapport M/C 2010 -38. 5.21 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-36: Croissant Brentwood — Servitude pour une installation d'eau d'egout au 400, avenue Woodward, The City of Saint John accepte I'offre de Herzl Jacob Kashetsky et Faith Eileen Kashetsky, les proprietaires touches, telle qu'elle est presentee dans la convention d'achat -vente soumise avec le rapport M/C 2010 -36, pergoive les interets generes par la servitude associee a la parcelle de terrain portant les NID 55005896 et 55005904 decrits dans la convention comme le montant global de 2 341 $, TVH en sus le cas echeant, conformement aux conditions enoncees dans ladite convention et autorise le maire et la greffiere communale a signer tout document necessaire pour conclure cette transaction. Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 3.1 Heritage Development Board — Annual Heritage Awards Leona Laracey, Chair of the Heritage Development Board, presented photographs of the heritage projects that were completed by the Heritage award recipients for projects completed in Saint John during 2008 and 2009. The Mayor and Councillor Snook presented recipients with the following awards: 43 95 -176 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15,2010/ LE 15 FEVRIER 2010 Heritage Awards 2009 Heritage Fagade - Commercial Infill: 17 Canterbury Street Owner: Commercial Properties Architect: Tom Johnson Architects General Contractor: FCC Engineering Heritage Fagade - Masonry Repointing: 71 Sydney Street Owner: Chipman Hill Suites Masonry Contractor: Montford Masonry Heritage Fagade - Masonry & Stonework: 79 Orange Street Owner: Lawrence Anderson Stone Artisan: Ludwig Hartmann — Old World Masonry Heritage Storefront — Storefront Restoration: 74 Prince William Street Owner: Commercial Properties General Contractor: FCC Heritage Storefront — Commercial Signage — 128 Germain Street Owner: Trinity Galleries Inc. Woodcarver /Artisan: Grant Kelly Heritage Fagade — Residential Restoration: 21 Orange Street Owner: Diana & Stephen Alexander Contractors: Greg Paterson + Christoph Malinowski Heritage Maintenance: Residential Painting — 61 Queen Street Owner: Nick Fanelli & Heather Lambert Contractor: Ting Painting Heritage Awareness: Publication John Leroux — Building New Brunswick: An Architectural History Heritage Awards 2009 Commercial Heritage Fagade — Restoration: 14 -18 Canterbury Street Owner: William Rector Contractor/Woodcarver Artisan ( Signage): Steve Judge Institutional Heritage Fagade — Window Restoration: 164 Germain Street Owner: St. Andrew & St. David Church Contractor /Artisan: Murray Gower 3.1 Conseil d'amenagement du patrimoine — prix annuels relatifs a la conservation du patrimoine Leona Laracey, presidente du Conseil d'amenagement du patrimoine, presente des photos des projets lies au patrimoine qui ont ete completes a Saint John en 2008 et 2009 par les recipiendaires des prix du patrimoine de ce soir. Le maire et le conseiller Snook prbsentent les prix suivants aux recipiendaires : Prix du patrimoine 2009 FaQade patrimoniale — Remplissage commercial : 17, rue Canterbury Proprietaire : Commercial Properties Architecte : Tom Johnson Architects Entrepreneur general : FCC Engineering Fagade patrimoniale — Rejointoiement en magonnerie : 71, rue Sydney Proprietaire : Chipman Hill Suites Entrepreneur en magonnerie : Montford Masonry Fagade patrimoniale — Magonnerie et magonnerie de pierre : 79, rue Orange Proprietaire : Lawrence Anderson Tailleur de pierres : Ludwig Hartmann — Old World Masonry 44 95 -177 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15,2010/ LE 15 FEVRIER 2010 Devanture de magasin du patrimoine — Restauration de la devanture de magasin : 74, rue Prince William Proprietaire : Commercial Properties Entrepreneur general : FCC Devanture de magasin du patrimoine — Affichage commercial : 128, rue Germain Propribtaire : Trinity Galleries Inc. Sculpteur sur Bois /Artisan : Grant Kelly Fagade patrimoniale — Restauration residentielle : 21, rue Orange Proprietaires : Diana et Stephen Alexander Entrepreneurs : Greg Paterson et Christoph Malinowski Entretien du patrimoine — Peinture residentielle : 61, rue Queen Proprietaires : Nick Fanelli et Heather Lambert Entrepreneur : Ting Painting Sensibilisation au patrimoine : Publication John Leroux — Building New Brunswick: An Architectural History Prix du patrimoine 2009 Fagade commerciale patrimoniale — Restauration : 14 -18, rue Canterbury Proprietaire : William Rector Entrepreneur / Sculpteur sur Bois (enseignes) : Steve Judge Fagade institution nelle patrimoniale — Restauration des fenetres : 164, rue Germain Proprietaire : Eglise St. Andrew et St. David Entrepreneur /Artisan : Murray Gower 7. Proclamation 7.1 Freedom to Read Week in Saint John February 21St- 27t`', 2010 The Mayor proclaimed the City of Saint John a Freedom to Read zone. 7. Proclamation 7.1 Semaine de lecture en toute liberte a Saint John du 21 au 27 fevrier 2010 Le maire declare que The City of Saint John est une zone de lecture en toute liberte. 10. Consideration of By -laws 10.1 Third Reading Traffic By -Law Amendment On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto," amending Schedule B, Schedule H and Schedule R, be read. Question being taken, the motion was carried with Councillor Higgins voting nay. The by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" was read in its entirety. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto," amending Schedule B, Schedule H and Schedule R, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 45 95 -178 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 Question being taken, the motion was carried with Councillor Higgins voting nay. Read a third time by title, the by -law entitled, "A Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto." 10. Etude des arretes municipaux 10.1 Troisieme lecture de la modification de I'arrete concernant la circulation Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe B, I'annexe H et I'annexe R, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. L'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe B, I'annexe H et I'annexe R, fasse ('objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Troisieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur /es vehicules a moteur (1973) et modifications afferentes ». 10.2(a) Third Reading Zoning By -Law Amendment 783 Hillcrest Road 10.2(b) Section 39 Conditions On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -135, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land having an area of approximately 8 hectares, located at 783 Hillcrest Road, also identified as being a portion of PID numbers 00310680 and 00353276, from "RS -1" One and Two Family Suburban Residential and "RF" Rural to "RR" One Family Rural Residential, be read. Question being taken, the motion was carried with Councillor Higgins voting nay. The by -law entitled, "By -Law Number C.P. 110 -135, A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 8 hectares, located at 783 Hillcrest Road, also identified as a portion of PID numbers 00353276 and 00310680 be subject to the following conditions: 46 95 -179 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 (a) That the developer and any subsequent lot owner be required to disclose the existence and location of the adjacent pit and quarry operations to any subsequent purchaser of the lot; and (b) That the developer and any subsequent lot owner be required to disclose the potential for low well yields and possible water treatment within the rezoned area; and (c) That the developer and any subsequent lot owner be required to disclose the potential that blasting in support of the adjacent pit and quarry operations may impact water quality and quantity. Question being taken, the motion was carried with Councillor Higgins voting nay. On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -135, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land having an area of approximately 8 hectares, located at 783 Hillcrest Road, also identified as being a portion of PID numbers 00310680 and 00353276, from "RS -1" One and Two Family Suburban Residential and "RF" Rural to "RR" One Family Rural Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -135, A Law to Amend the Zoning By -Law of The City of Saint John." 10.2a) Troisieme lecture du projet de modification de I'Arrete de zonage visant le 783, chemin Hillcrest 10.2b) Conditions imposees par I'article 39 Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C.P. 100- 135 modifiant I'Arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain situee au 783, chemin Hillcrest, d'une superficie d'environ 8 hectares et portant les NID 00310680 et 00353276, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » et de zone rurale « RF » a zone residentielle rurale — habitations unifamiliales « RR », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. L'arrete intitule « Arrete no C.P. 110 -135 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur Furbanisme, I'amenagement propose d'une parcelle de terrain d'une superficie d'environ 8 hectares, situee au 783, chemin Hillcrest et inscrite sous les NID 00353276 et 00310680, soit assujetti aux conditions suivantes : (a) le promoteur et tout proprietaire subsequent du terrain doivent divulguer 1'existence et 1'emplacement de 1'exploitation des sablieres et des gravieres adjacentes a tout acheteur subsequent du terrain; (b) le promoteur et tout proprietaire subsequent du terrain doivent divulguer la possibilite d'un puits a faible rendement et de traitement des eaux dans le secteur rezone; 47 95 -180 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 (c) le promoteur et tout proprietaire subsequent du terrain doivent divulguer la possibilite que le dynamitage lie a 1'exploitation des sablieres et des gravieres adjacentes puisse avoir une incidence sur la qualite et la quantite d'eau. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C. P. 100- 135 modifiant I'Arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain situee au 783, chemin Hillcrest, d'une superficie d'environ 8 hectares et portant les NID 00310680 et 00353276, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » et de zone rurale « RF » a zone residentielle rurale — habitations unifamiliales « RR », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -135 modifiant I'Arrete de zonage de The City of Saint John ». 13. Committee Reports 13.1 Pension Board of Trustees: Limits on Pension Transfers for Terminating Employees On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Common Council agree to fund and provide the full commuted value of pensions for employees terminating employment with The City of Saint John at the time of termination. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Farren, Higgins and Sullivan voting nay. 13. Rapports deposes par les comites 13.1 Conseil d'administration du regime de retraite : Restrictions relatives aux transferts de pensions des employes cessant leur emploi Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil communal consente a financer et a offrir la pleine valeur de rachat des pensions aux employes quittant leur emploi au sein de The City of Saint John au moment de leur depart. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase et les conseillers Farren, Higgins et Sullivan votent contre la proposition. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 130 Gault Road 9.1(b) Planning Advisory Committee Recommending Rezoning The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A" the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2.2 hectares, located at 130 Gault Road, also identified as being a portion of PID number 00403618, from "RM -1" Three Storey Multiple Residential to "TH" Townhouse with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its February 9, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 130 Gault Road as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. 48 95 -181 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 The Mayor called for members of the public to speak in favour of the re- zoning with Mitchell Webster appearing on behalf of the applicant, Galbraith Construction Ltd, indicating that he was in agreement with the staff report and recommendation. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A" the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2.2 hectares, located at 130 Gault Road, also identified as being a portion of PID number 00403618, from "RM -1" Three Storey Multiple Residential to "TH" Townhouse, 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 Sullivan Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A" the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2.2 hectares, located at 130 Gault Road, also identified as being a portion of PID number 00403618, from "RM -1" Three Storey Multiple Residential to "TH" Townhouse, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage visant le 130, chemin Gault 9.1 b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage Le greffier communal adjoint mentionne que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 2,2 hectares situee au 130, chemin Gault et inscrite sous une partie du NID 00403618, afin de faire passer la classification s'y rapportant de zone d'edifices A logements multiples de trois etages RM -1 » A zone de maisons en rangee « TH », et qu'aucune objection n'a ete reque A cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 9 fevrier 2010, A laquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 130, chemin Gault, telle qu'elle est decrite ci- dessus. Le maire invite le public A se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public A exprimer leur appui quant au rezonage. Mitchell Webster, au nom du demandeur, A savoir Galbraith Construction Ltd., indique qu'il est d'accord avec le rapport et la recommandation du personnel. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant A I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 2,2 hectares situee au 130, chemin Gault et inscrite en partie sous le NID 00403618, afin de faire passer la classification s'y rapportant de zone d'edifices A logements multiples de trois etages « RM -1 » A zone de maisons en rangee « TH », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. 49 95 -182 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 2,2 hectares situee au 130, chemin Gault et inscrite en partie sous le NID 00403618, afin de faire passer la classification s'y rapportant de zone d'edifices a logements multiples de trois etages « RM -1 » a zone de maisons en rangee « TH », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.2(a) Proposed Section 39 Amendment 33 Smythe Street 9.2(b) Planning Advisory Committee Recommending Section 39 Amendment The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the June 23, 1980 rezoning of the Market Square complex, also identified as PID number 55011878, to permit the renovation of the fagade of the Harbourside Apartments tower, with one letter of support received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 9, 2010 meeting at which the Committee recommended the amendment of the existing Section 39 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Jean - Phillipe Foisy appearing to speak on behalf of the applicant, ADI Limited, indicating that he was in agreement with the staff report and recommendation. On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that Common Council amend the Section 39 conditions imposed on the June 23, 1980 rezoning of the Market Square complex, also identified as PID number 55011878, to permit the proposed exterior renovations to the apartment tower at 33 Smythe Street in general accordance with the submitted plans and subject to Development Officer approval of the final plans. Question being taken, the motion was carried. 9.2a) Modification proposee aux conditions imposees en vertu de I'article 39 relativement au 33, rue Smythe 9.2b) Comite consultatif d'urbanisme recommandant la modification de I'article 39 Le greffier communal adjoint indique que les avis requis ont ete publies en ce qui a trait a la modification proposee en vertu de I'article 39, modifiant les conditions imposees le 23 juin 1980 relativement au rezonage du complexe Market Square, inscrit sous le NID 55011878, afin de permettre la renovation de la fagade de la tour d'habitation Harbourside, et qu'une lettre d'appui a ete reque a cet egard. Un examen a egalement ete effectue concernant un rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du Service d'urbanisme, qui a fait ('objet d'un examen lors de la seance du 9 Wrier 2010 au cours de laquelle le Comite a choisi de recommander la modification des conditions en vigueur a I'heure actuelle en vertu de I'article 39. 50 95 -183 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Jean - Phillipe Foisy, au nom du demandeur, a savoir ADI Limited, indique qu'il est d'accord avec le rapport et la recommandation du personnel. Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que le conseil communal modifie les conditions imposees par I'article 39 le 23 juin 1980, relativement au rezonage du complexe Market Square, portant le NID 55011878, afin de permettre les renovations exterieures proposees a la tour d'habitation situee au 33, rue Smythe, conformement, de maniere generale, aux plans presentes, et sous reserve de I'approbation des plans definitifs par I'agent d'amenagement. A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets Items Forwarded from Meeting of February 1, 2010 1. Saint John Harbour Bridge Authority: Financing for Bridge Deck Rehabilitation and Seeking Budget Approval On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the submission from the Saint John Harbour Bridge Authority entitled Financing for Bridge Deck Rehabilitation be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that Common Council approve the submitted 2010 -2011 budget of the Saint John Harbour Bridge. Question being taken, the motion was carried. Points reportes de la seance du 1" fevrier 2010 Administration du pont du port de Saint John : Financement relatif a la refection du tablier du pont et demande d'approbation du budget Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la proposition de ('Administration du pont du port de Saint John intitulee Financement relatif a la refection du tablier du pont soit soumise aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que le conseil communal approuve le budget 2010 -2011 presente par I'Administration du pont du port de Saint John. A ('issue du vote, la proposition est adoptee. 51 95 -184 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 2.(a,b) Third Reading Proposed By -law Amendment 172 -176 Beacon Street On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -134, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land with an area of approximately 690 square metres, located at 172 -176 Beacon Street, also identified as PID numbers 55027858, 00344143 and 55027866, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -134, A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 690 square metres, located at 172, 174 — 176 Beacon Street, also identified as being PID numbers 55027866, 00344143 and 55027858, be subject to the condition that the use of the property is limited to a maximum of three dwelling units. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -134, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land with an area of approximately 690 square metres, located at 172 -176 Beacon Street, also identified as PID numbers 55027858, 00344143 and 55027866, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -134, A Law to Amend the Zoning By -Law of The City of Saint John. 2.a), b) Troisieme lecture du projet de modification de I'Arrete de zonage visant les 172 -176, rue Beacon Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete no C.P. 110- 134 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 690 metres carres, situee au 172 -176, rue Beacon et portant les NID 55027858, 00344143 et 55027866 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -134 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur Furbanisme, I'amenagement propose d'une parcelle de terrain situee au 172,174 et 176, rue Beacon, d'une superficie d'environ 690 metres carres et inscrite sous les NID 55027866, 00344143 et 55027858, soit assujetti a la condition que ('usage de la propriete se limite a un nombre maximal de trois logements. A ('issue du vote, la proposition est adoptee. 52 95 -185 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete no C.P. 110- 134 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 690 metres carres, situee au 172 -176, rue Beacon et portant les NID 55027858, 00344143 et 55027866 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -134 modifiant I'Arrete de zonage de The City of Saint John ». 3.(a) Third Reading Proposed By -Law Amendment 34 -36 Jean Street 3.(b) Section 39 Conditions On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -133, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as PID numbers 00318055 and 55020903, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 10 -133, A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as being PID numbers 00318055 and 55020903, be limited to a four unit dwelling and associated parking and amenity spaces. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Mott RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -133, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as PID numbers 00318055 and 55020903, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -133, "A Law to Amend the Zoning By -Law of The City of Saint John. 3.a) Troisieme lecture du projet de modification de I'Arrete de zonage visant les 34 -36, rue Jean 3.b) Conditions imposees par I'article 39 Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete no C.P. 110- 133 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 850 metres carres, situee au 34 -36, rue Jean et portant les NID 00318055 et 55020903 afin de faire passer la 53 95 -186 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -133 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surFurbanisme, I'amenagement propose d'une parcelle de terrain situee au 34 -36, rue Jean, d'une superficie d'environ 850 metres carres et inscrite sous les NID 00318055 et 55020903, soit restreint a un nombre maximal de quatre logements et a des aires d'agrement et de stationnement connexes. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Mott RESOLU que 1'arrete intitule « Arrete no C.P. 110- 133 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 850 metres carres, situee au 34- 36, rue Jean et portant les NID 00318055 et 55020903 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -133 modifiant I'Arrete de zonage de The City of Saint John ». 4. Recommendation Regarding Saint John Transit (Councillor Titus) The Mayor stated that Councillor Titus' motion contains two distinct propositions, noting that Council should vote separately on each. On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that Council consider the proposal in Councillor Titus' submission entitled Recommendation: Saint John Transit as one motion. Question being taken, the motion was defeated with the Mayor, the Deputy Mayor and Councillors Court, Farren, and Sullivan voting nay. On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that Common Council: Request the Province of New Brunswick to acknowledge the benefit of public transit and support it in a tangible way (financial) by way of, for example: a) a fuel rebate b) assessment of vehicle licenses c) exempt public transit buildings / garages from property tax. Question being taken, the motion was carried. On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that Common Council: Request the Leader of the Opposition Party to acknowledge the benefit of public transit and support it in a tangible way (financial) by way of, for example: a) a fuel rebate 54 95 -187 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 b) assessment of vehicle licenses c) exempt public transit buildings / garages from property tax And further that Leader of the Opposition Party commit to make this issue a part of his party platform for the upcoming Provincial election. Question being taken, the motion was defeated with the Mayor, the Deputy Mayor and Councillors Court, Farren, and McGuire and Sullivan voting nay. 4. Recommandation relative a la Commission des transports de Saint John (conseiller Titus) Le maire declare que la proposition du conseiller Titus contient deux propositions distinctes, soulignant que les membres du conseil doivent voter separement sur chacune d'elles. Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que le conseil etudie la proposition presentee par le conseiller Titus intitulee Recommandation : Regroupement des deux propositions relatives a la Commission des transports de Saint John. A ('issue du vote, la proposition est rejetee. Le maire, le maire suppleant et les conseillers Court, Farren et Sullivan votent contre la proposition. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le conseil communal: demande a la province du Nouveau - Brunswick de reconnaiire les avantages du transport en commun et de le soutenir de maniere tangible (financierement), notamment, par exemple : a) en reduisant le prix du carburant; b) en evaluant les couts lies a I'immatriculation des vehicules; c) en exemptant les batiments ou garages de transport en commun de I'impot foncier. A ('issue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le conseil communal: demande au chef du parti de ('opposition de reconnai"ire les avantages du transport en commun et de le soutenir de maniere tangible (financierement), notamment, par exemple : a) en reduisant le prix du carburant; b) en evaluant les couts lies a I'immatriculation des vehicules; c) en exemptant les batiments ou garages de transport en commun de I'impot foncier. Et, de plus, que le chef du parti de ('opposition s'engage a integrer ces elements au programme de son parti lors de la prochaine election provinciale. A ('issue du vote, la proposition est rejetee. Le maire, le maire suppleant et les conseillers Court, Farren, McGuire et Sullivan votent contre la proposition. 11.(a) City Manager: Criteria for Determining a Winter Streets Parking Restriction Exemption 11.(b) City Manager: Traffic By -law Amendment — Winter Street Parking Restrictions On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that as recommended by the City Manager, Common Council adopt the criteria for determining a Winter Streets Parking Restriction Exemption as detailed in the submitted report M &C 2010 -25. Question being taken, the motion was carried. 55 95 -188 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 11.a) Directeur general : Criteres pour determiner une exemption des restrictions relatives au stationnement sur la rue en hiver 11.b) Directeur general : Modification de I'Arrete relatif a la circulation — Restrictions relatives au stationnement sur la rue en hiver Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general, le conseil communal adopte les criteres pour determiner une exemption des restrictions relatives au stationnement sur la rue en hiver, comme le precise le rapport presente intitule M/C 2010 -25, A I'issue du vote, la proposition est adoptee. 8. Delegations /Presentations 8.1 Canadian Rivers Institute — Watersheds Research Consortium Referring to a submitted presentation, Kelly Munkittrick, Associate Director of the Canadian Rivers Institute (CRI) updated Council with respect to the CRI, the Canadian Water Network and the Watersheds Research Consortium. 8. Delegations et presentations 8.1 Institut canadien des rivieres — Consortium de recherche sur les bassins hydrologiques Faisant reference a une presentation anterieure, Kelly Munkittrick, directrice associee de I'Institut canadien des rivieres (ICR), renseigne le conseil au sujet de I'Institut canadien des rivieres, du Reseau canadien de I'eau et du consortium de recherche sur les bassins hydrologiques. 5. Vacant Land and Surplus Properties (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the City Manager be directed to submit a solution- focused action plan to Council with respect to transforming vacant land and surplus properties (both city and provincially owned) into growth opportunities for Saint John no later than March 15, 2010. Question being taken, the motion was carried. 5. Terrain vacant et surplus de terrains (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le directeur general soit charge de soumettre au conseil un plan d'action axe sur des solutions, au plus tard le 15 mars 2010, en ce qui a trait a la transformation des terrains vacants et des terrains en surplus (appartenant a la municipalite et a la province) en possibilites de croissance pour Saint John. A I'issue du vote, la proposition est adoptee. 6. Martinon Strategic Green Plan (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the submission from Councillor McGuire entitled Martinon Strategic Green Plan, be received for information. Question being taken, the motion was carried. 56 95 -189 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 6. Plan vert strategique Martinon (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que la proposition du conseiller McGuire intitulee Plan vert strategique Martinon soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 7. City Manager: Sandy Point Road Planning Study Referring to a submitted report, Nayan Gandhi, Planner for The City of Saint John, updated Council with respect to the Sandy Point Road Planning Study and responded to questions from Council members. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report, M &C 2010 -32: Sandy Point Road Planning Study, Common Council direct staff and the consultant to undertake a public consultation exercise as set out in the report, including a public event on March 10, 2010. Question being taken, the motion was carried. 7. Directeur general : Etude de planification portant sur le chemin Sandy Point Faisant reference a un rapport anterieur, Nayan Gandhi, urbaniste de The City of Saint John, informe le conseil de 1'etude de planification portant sur le chemin Sandy Point, puis repond aux questions des membres du conseil. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -32 : Etude de planification portant sur le chemin Sandy Point, le conseil communal charge le personnel et le consultant de realiser un exercice de consultation publique, comme I'indique le rapport, y compris la tenue d'un evenement public le 10 mars 2010. A ('issue du vote, la proposition est adoptee. 8. City Manager: Saint John Water 2009 Annual Water Report 9. City Manager: Saint John Water 2009 Annual Wastewater Report Referring to two submitted reports, Brent McGovern, Deputy Commissioner of Saint John Water, provided highlights with respect to the 2009 annual Saint John Water and Wastewater reports and he responded to questions from Council members. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the 2009 Saint John Water — Annual Water Report be received for information. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the 2009 Saint John Water — Annual Wastewater Report be received for information. Question being taken, the motion was carried. 57 95 -190 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 8. Directeur general : Rapport annuel de 2009 relatif au reseau d'aqueduc de Saint John Water 9. Directeur general : Rapport annuel de 2009 relatif au reseau d'egouts de Saint John Water Faisant reference a deux rapports anterieurs, Brent McGovern, commissaire adjoint de Saint John Water, enonce les faits saillants des rapports annuels de 2009 relatifs aux reseaux d'aqueduc et d'egouts de Saint John Water et repond aux questions des membres du conseil. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport annuel de 2009 relatif au reseau d'aqueduc de Saint John Water soit accepte A titre informatif. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport annuel de 2009 relatif au reseau d'egouts de Saint John Water soit accepte A titre informatif. A I'issue du vote, la proposition est adoptee. 12.3 City Manager: Beaverbrook Avenue Watermain Installation and Street Reconstruction On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that Common Council: 1) Award Contract number 2009 -24: Beaverbrook Avenue Watermain Installation and Street Reconstruction, to the low tenderer, Galbraith Construction Ltd., at the tendered price of $3,314,842.57 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents; and 2) Continue its efforts to encourage a reasonable degree of flexibility in the utilization of infrastructure stimulus funding. Question being taken, the motion was carried. 12.3 Directeur general : Installation d'une nouvelle conduite d'eau principale et travaux de refection dans I'avenue Beaverbrook Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le conseil communal: 1) attribue le contrat 2009 -24, concernant ('installation d'une nouvelle conduite d'eau principale et les travaux de refection dans I'avenue Beaverbrook, au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 3 314 842,57 $, etabli A partir de quantites estimatives, et que le maire et la greffiere communale soient autorises A signer les documents contractuels necessaires; 2) poursuive ses efforts pour encourager un degre raisonnable de souplesse dans ('utilisation des fonds de stimulation de ('infrastructure. A I'issue du vote, la proposition est adoptee. 12.5 City Manager: Engagement of AON Consulting Inc. On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that AON Consulting Inc. be retained to provide actuarial services with respect to options identified in developing a long -term solution to the pension plan funding issue for a cost not to exceed $75,000 plus HST and expenses, subject to the approval of the Commissioner of Finance. The Deputy Mayor stated that AON could be in a conflict of interest, as the firm is the Actuary for the pension plan. 58 95 -191 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 Councillor Farren stated that the City should continue to use the services of Morneau Sobeco. Question being taken, the motion was carried with the Deputy Mayor and Councillor Farren voting nay. 12.5 Directeur general : Recours a AON Consulting Inc. Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que les services d'actuariat de 1'entreprise AON Consulting Inc. soient retenus relativement aux options determinees dans I'elaboration d'une solution a long terme au probleme de financement du regime de retraite, jusqu'a concurrence de 75 000 $, debours et TVH en sus, sous reserve de I'approbation du commissaire aux finances. Le maire suppleant declare que 1'entreprise pourrait titre en conflit d'interets, etant donne qu'elle est I'actuaire du regime de retraite. Le conseiller Farren indique que la municipalite doit continuer a avoir recours aux services de Morneau Sobeco. A I'issue du vote, la proposition est acceptee. Le maire suppleant et le conseiller Farren votent contre la proposition. 12.8 Commissioner of Finance: Capital Financing Responding to a question regarding why the funds were needed, the Commissioner of Finance stated that the City is borrowing funds to complete projects that have already been approved by Council in the 2009 Capital Budget. His Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of 30 days from this day, move or cause to be moved the following resolution: On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: General Fund General Government $ 500,000 Protective Services $ 1,000,000 Transportation Services $ 6,800,000 Environmental Health $ 200,000 Economic Development $ 2,000,000 Parks and Recreation $ 4,500,000 15,000,000 Water & Sewerage Utility Water System $ Sewer System $ 5,000,000 5.000.000 Total $20,000,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assemby 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $20,000,000. voting nay. Question being taken, the motion was carried with Councillor Higgins 59 95 -192 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 12.8 Commissa ire aux finances: Financement des immobiIisations Repondant a une question concernant la raison pour laquelle les fonds etaient necessaires, le commissaire aux finances mentionne que la municipalite emprunte des fonds pour terminer des projets qui ont deja ete approuves par le conseil dans le budget d'immobilisations de 2009. Monsieur le Maire donne lecture de I'avis de motion suivant : « Par les presentes, je vous avise, qu'au cours d'une seance du conseil communal, tenue a la suite de 1'expiration d'un delai de 30 jours a compter de ce jour, je presenterai ou ferai presenter la resolution suivante : Proposition du conseiller Titus Appuyee par le conseiller McGuire Compte tenu de la necessite, dans I'interet public, de proceder a 1'execution de travaux publics et d'apporter certaines ameliorations municipales, relativement aux elements enumeres ci- dessous : Fonds d'administration Administration generale Services de protection Services de transport Salubrite de 1'environnement Developpement economique Pares et loisirs Services d'agueduc et d'egouts Reseau d'aqueduc Reseau d'egouts Total 500 000 $ 1 000 000 $ 6 800 000 $ 200 000 $ 2 000 000 $ 4 500 000 $ 5 000 000 $ 15 000 000 $ 5 000 000 $ 20 000 000 $ IL EST RESOLU que des obligations non garanties soient emises conformement aux dispositions des lois de la Chambre d'assemblee, 52 Victoria, chapitre 27, article 29, ainsi que les modifications afferentes, pour le montant de 20 000 000 $. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 12.4 City Manager: Service -Based Budgeting Presentation On motion of Deputy Mayor Chase Seconded by Councillor Mott. RESOLVED that Common Council schedule the staff presentation on Service -Based Budgeting in an Open Committee of the Whole Session for Monday February 22, 2010 at 5:00 p.m. Question being taken, the motion was defeated with Councillors Court, Higgins, McGuire, Snook and Titus voting nay. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that Common Council schedule the staff presentation on Service -Based Budgeting in an Open Committee of the Whole Session for Monday, March 8t", 2010 at 5:00 p.m. Question being taken, the motion was defeated with Councillors Court, Higgins, McGuire, Snook and Titus voting nay. On motion of Councillor Titus Seconded by Councillor Snook. RESOLVED that Common Council schedule the staff presentation on Service -Based Budgeting on Monday, March 1St, 2010. Question being taken, the motion was carried with Councillors Farren and Sullivan voting nay. .� 95 -193 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 12.4 Directeur general : Presentation du budget fond6 sur les services Proposition du maire suppleant Chase Appuy6e par le conseiller Mott RESOLU que le conseil communal fixe la date de la pr6sentation du personnel sur le budget fond6 sur les services lors d'une seance publique du comite pl6nier qui se tiendra le lundi 22 f6vrier 2010, a 17 h. A ('issue du vote, la proposition est rejet6e. Les conseillers Court, Higgins, McGuire, Snook et Titus votent contre la proposition. Proposition du conseiller Farren Appuy6e par le conseiller Sullivan RESOLU que le conseil communal fixe la date de la presentation du personnel sur le budget fond6 sur les services lors d'une seance publique du comit6 pl6nier qui se tiendra le lundi 8 mars 2010, a 17 h. A ('issue du vote, la proposition est rejet6e. Les conseillers Court, Higgins, McGuire, Snook et Titus votent contre la proposition. Proposition du conseiller Titus Appuy6e par le conseiller Snook RESOLU que le conseil communal fixe la date de la pr6sentation du personnel sur le budget fond6 sur les services au lundi 1er mars 2010. A ('issue du vote, la proposition est accept6e. Les conseillers Farren et Sullivan votent contre la proposition. 10. City Manager: Traffic Signal Device — Sandy Point Road / Foster Thurston Drive On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -24: Traffic Signal Device — Sandy Point Road/ Foster Thurston Drive, Common Council follow the Traffic Engineer's process, based on the Transportation Association of Canada Guidelines for evaluating the requirement for a traffic signaling device for the Foster Thurston Drive and Sandy Point Road intersection (near the Cherry Brook Zoo). Question being taken, the motion was carried. 10. Directeur general : Dispositif pour feux de circulation a ('intersection du chemin Sandy Point et de la promenade Foster Thurston Proposition du conseiller Court Appuy6e par le maire suppleant Chase RESOLU que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2010 -24 : Dispositif pour feux de circulation a ('intersection du chemin Sandy Point et de la promenade Foster Thurston, le conseil communal suive la m6thode de I'ing6nieur de la circulation, fond6e sur les lignes directrices de I'Association des transports du Canada, pour 6valuer la n6cessit6 d'installer un dispositif pour feux de circulation a ('intersection de la promenade Foster Thurston et du chemin Sandy Point (pres du zoo Cherry Brook). A ('issue du vote, la proposition est adopt6e. 12. City Manager: Westfield Road Street Lighting On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -26, Common Council authorize staff to request Saint John Energy to implement the 39 therein -noted Westfield Road street lighting enhancements on the City's behalf. Question being taken, the motion was carried. 61 95 -194 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 12. Directeur general : Eclairage du chemin Westfield Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M &C 2010 -26, le conseil communal autorise le personnel a demander a Saint John Energy de mettre en oeuvre, au nom de la municipalite, les 39 ameliorations a apporter a I'eclairage du chemin Westfield qui ont ete notees a cet egard. A I'issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee: Proposed Emerald Lake Estates Subdivision, Phase 1 On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Common Council: 1) assent to one or more subdivision plans for the submitted Emerald Lake Estates Subdivision (Phase 1), and to any required municipal services and public utility easements; 2) authorize the preparation and execution of a City / Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Question being taken, the motion was carried with Councillor Higgins voting nay. 13.2 Comite consultatif d'urbanisme : Phase 1 du projet de lotissement Emerald Lake Estates Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil communal: 1) approuve le ou les plans de lotissement afferents au projet de lotissement (phase 1) presente par Emerald Lake Estates, de meme que toute servitude de services municipaux ou de service public exigee; 2) autorise la redaction et la signature de contrats de lotissement entre The City of Saint John et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, notamment en ce qui concerne I'elaboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 13.4 Planning Advisory Committee: Assent of Public Utility Easement 3705 King William Road On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that as recommended by the Planning Advisory Committee in the report entitled Assent of Public Utility Easement 3705 King William Road, Common Council assent to the submitted Saint John Industrial Parks Subdivision tentative plan with respect to any necessary public utility easements. Question being taken, the motion was carried. 13.4 Comite consultatif d'urbanisme : Approbation de la servitude de service public visant le 3705, chemin King William Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU que, comme le recommande le Comite consultatif d'urbanisme dans le rapport intitule Approbation de la servitude de service public visant le 3705, chemin King William, le conseil communal approuve le plan de 62 95 -195 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 lotissement provisoire presente par Saint John Industrial Parks relativement a toute servitude de service public exigee. A I'issue du vote, la proposition est adoptee. 13.5 Committee of the Whole: Lease Arbitration Appeal On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the City Solicitor or his designate is hereby authorized to initiate proceedings in the Court of Queen's Bench for an appeal from the January 27, 2010 decision of the Arbitration Tribunal in the matter of an arbitration between 056975 N.B. Ltd. and The City of Saint John. Question being taken, the motion was carried. 13.5 Comite plenier : Demande d'arbitrage concernant le bail du restaurant aux chutes reversibles Reversing Falls Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que I'avocat municipal ou son representant soit, par les presentes, autorise a entreprendre une procedure d'appel a la Cour du Banc de la Reine relativement a la decision rendue par le conseil d'arbitrage le 27 janvier 2010 dans I'affaire d'un arbitrage entre 1'entreprise 056975 N.B. Ltd. et The City of Saint John. A I'issue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.1 Harbour Bridge Authority (Councillor Sullivan) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that Common Council suggest to the Harbour Bridge Authority, through the city's appointees on the Board, that a planned one day closure of the Harbour Bridge take place. Responding to a question regarding what liability the City would face if the bridge were closed, the City Solicitor advised that if there is control in the Harbour Bridge Authority respecting the continued operation of the bridge, then any decision taken by the Harbour Bridge Authority could not impose liability on The City of Saint John. Mr. Nugent stated that the logistics of closing the bridge, and the possible legal and operational ramifications, are presumably issues that Council would want to examine carefully prior to making a decision in that regard. Question being taken, the motion was defeated with the Mayor, Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire and Titus voting nay. 11. Interventions des membres du conseil 11.1 Administration du pont du port (conseiller Sullivan) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de I'arrete procedural. A I'issue du vote, la proposition est adoptee. 63 95 -196 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 15, 2010/ LE 15 FEVRIER 2010 Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le conseil communal propose a ('Administration du pont du port, par 1'entremise des personnes nommees par la municipalite pour sieger au conseil d'administration, de prevoir la fermeture du pont du port pendant une journee. Repondant a une question concernant la responsabilite legale de la municipalite advenant la fermeture du pont, I'avocat municipal indique que si I'Administration du pont du port decidait d'aller de ('avant avec I'ouverture continue du pont, toute decision prise par cette derniere ne pourrait imposer une responsabilite a The City of Saint John. M. Nugent mentionne que la logistique relative a la fermeture du pont et les repercussions operationnelles etjuridiques possibles sont vraisemblablement des questions que le conseil voudra examiner attentivement avant de prendre une decision a cet egard. A ('issue du vote, la proposition est rejetee. Le maire, le maire suppleant et les conseillers Court, Farren, Higgins, McGuire et Titus votent contre la proposition. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 10:05 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 22 h 5. The following Items were forwarded to the Council meeting of March 1, 2010 11.2 Economic Development (Councillor McGuire) 12.1 Common Clerk: Review of Council's Procedural By -Law 12.6 City Manager: Hillcrest Aquifer Carrying Capacity Study 12.7 City Manager: General Specifications — Division 28 Chip Seal 13.3 Planning Advisory Committee: Proposed Subdivision 130 Gault Road Les points suivants sont reportes a la seance du conseil du 1" mars 2010. 11.2 Developpement economique (conseiller McGuire) 12.1 Greffiere communale : Examen de 1'arrete procedural du conseil 12.6 Directeur general : Hillcrest Aquifer Carrying Capacity Study (Etude sur la capacite limite des aquiferes de Hillcrest) 12.7 Directeur general : Specifications generales — Division 28 relative a la pause d'enduit superficiel 13.3 Comite consultatif d'urbanisme : Projet de lotissement au 130, chemin Gault Mayor /maire Common Clerk /greffiere communale 64 February 11, 2010 Dear Mayor Court and Councillors, issue: Economic Development context: In recent weeks it is becoming clearer that economic opportunities for Saint John may require a fresh approach both in structure and implementation. There is a great deal of positive effort being made in a number of organizations with respect to growing the economy of our city. It may be the appropriate time to review and update how we look for economic opportunities. As we have seen the global economy is affecting our city which may require new delivery mechanisms and fresh ideas to deliver sustainable economic "wins" for our city. motion: That the City Manager, in collaboration with key economic organizations in Saint John, examine possible new and innovative delivery frameworks to pursue and deliver new economic opportunities for Saint John. A report back to Council in two months is requested. Si re r Councillor Pet r McGuire r TNT IOHN P.O. Box 1971 Saint John, NB Canada 1121-40 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L4L1 65 February 15, 2010 His Worship Mayor Ivan Court And Councillors Subject: Review of Council's Procedural By -law Your Worship and Councillors, Council enacted its procedural by -law on January 3, 2006 in compliance with the Municipalities Act, and has been conducting itself according to the by -law since then. Four years have passed since the by -law was enacted, and Council is now familiar with the order of business for the meetings. It is recommended that Council review its contents and bring forward any revisions which may enhance the procedures outlined in the by -law. I have attached the document with some suggested changes which Council may wish to incorporate. You may also want to consider the start and end times of Council meetings. I mention this to call attention to the issue of important decisions being made frequently late in the evening after hours of debate. One alternative could be to begin the meeting at 3:45 p.m. with a break for supper at 5, or some other alternative that may be suggested. Recommendation: Council members review the attached procedural by -law and report their input at the next meeting of Council. Elizabeth Gormley Common Clerk SAINT JOHN P.O. Box 1971 Saint John, NB Canada F2L 40 I www saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 .. BY -LAW NUMBER M -5 A BY -LAW RESPECTING THE PROCEDURES OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN Section 1 SHORT TITLE 1.1 Citation Section 2 INTERPRETATION 2.1 Clerk - defined 2.2 Committee - defined 2.3 Committee of the Whole - defined 2.4 Corporation - defined 2.5 Council — defined 2.6 Councillor - defined 2.7 Deputy Mayor - defined 2.8 Hearing - defined 2.9 Holiday - defined 2.10 Mayor - defined 2 .' 'ins €e�-de#�n� 2.112 Meeting - defined 2.123 Member - defined 2.13_4 Point of information - defined 2.145 Point of order - defined 2.156 Point of procedure - defined 2.167 Presiding Officer - defined 2.178 Question of privilege — defined 2.184 Quorum - defined 2.19 Recorded vote - defined 2.20 Rules of procedure -- defined 2.21 Sergeant -at -Arms - defined 2.22 Special committee — defined 2.23 Whole of Council — defined Section 3 GENERAL PROVISIONS 3.1 Rules -regulations - observed -by Council 3.2 Reference - Robert's Rules of Order 3.3 Conflict - Robert's Rules of Order 3.4 Conflict - statutory provisions 3.5 Rules - suspension - alteration - 2/3 consent - required 3.6 Quorum - majority of members 3.7 Quorum - not present - adjournment - exception 3.8 Decisions - Council - expressed - resolutions - by -laws 3.9 Resolutions - by -laws - passed - enacted - majority vote 3.10 Motion to Rescind 3.11 Motion to Reconsider 3.12 Adjournment - due to hour 3.13 Meeting - extension — not beyond 11:00pm 67 3.14 Adjournment - meeting not extended 3.15 Orders - authority - reserved - with Council 3.16 Recording - permitted - exception - closed meetings 3.17 Recording - broadcasting - pennitted - conditions 3.18 Amendment - repeal - majority vote - required Section 4 MEETING 4.1 First meeting - Municipalities Act - applicable 4.2 First meeting - date - place - fixed by Clerk 4.3 Council business - Regular Meetings - Mondays 4.4 Regular meeting - location 4.5 Special meeting - other committee meeting - location 4.6 Holiday - meeting - next following day - not holiday 4.7 Public meeting - time - commencement 4.8 Public meeting - notice 4.9 Public meeting - notice -- cancellation- rescheduled - change of time 4.10 Additional - subsequent meeting - majority vote 4.11 Audience - Council meeting - restrictions 4.12 Public member - expulsion - improper conduct 4.13 Regular Meetings - simultaneous interpretation Section 5 SPECIAL MEETING 5.1 Summoned - by Mayor - at any time 5.2 Summoned - by Clerk - majority - petition of Council 5.3 Notice -48- 24 hours in advance - requirements 5.4 Emergency - prior notice - not required 5.5 Emergency - notice - method - location 5.6 Business - stated - in notice - other - prohibited 5.7 Special meeting - notice - public Section 6 COUNCIL MEETINGS 6.1 Council Meetings - types 6.2 Open to Public - exception 6.3 Closed - shall be - reasons 6.4 Closed - compliance - statutory requirements Section 7 ORDER OF BUSINESS 7.1 Quorum - present - meeting - call to order 7.2 Mayor absent - Deputy Mayor - call to order - presiding 7.3 Mayor absent - Deputy Mayor - call to order - presiding 7.4 Quorum - not present - in 30 minutes- adjournment 7.5 Adjournment - agenda - consideration - subsequent Section 8 AGENDA 8.1 Agenda - order of business 8.2 Agenda - order of business - alteration .: 2 8.3 Consent agenda - consideration of recommendations 8.4 Headings - order - prepared by Clerk 8.5 Submissions - listed - public matters 8.6 Delivery - to members - prior to meeting 8.7 Win- Made available - to officials - staff 8.8 Distfibution Made available - agenda - public 8.9 Not delivered - meeting valid 8.10 Submissions - to Clerk - deadline 8.11 Special meeting -preparation -requirements Section 9 REPORTS - PETITIONS 9.1 Included on agenda - by Clerk 9.2 Public Reports - Planning Advisory Committee Section 10 DELEGATION/PRESENTATION S 10.1 Delegations /Presentations - request on agenda 10.2 Delegations /Presentations - permission to appear 10.3 Delegations /Presentations - submission of materials 10.4 Delegations /Presentations - requested - at meeting - two thirds consent 10.5 Delegations /Presentations - maximum duration 10.6 Delegations /Presentations - addressing Council 10.7 Delegations /Presentations - finalization of matters Section 11 ROLES- MAYOR, DEPUTY MAYOR, COUNCILLORS 11.1 Role of the Mayor - Preside - provide leadership 11.2 Deputy Mayor - appointment - by election 11.3 Deputy Mayor - absence - inability to act 11.4 Deputy Mayor - powers - duties 11.5 Councillors - Responsibilities - participation - duties 11.6 Presiding Officer - duties at meetings Section 12 RULES OF CONDUCT - DEBATE 12.1 Speaking - Presiding Officer - not to leave chair 12.2 Speaking - order - determined - by Presiding Officer 12.3 Speaker - recognition - by Presiding Officer 12.4 Speaking - twice only - exception - Council approval 12.5 Speaking - twice - all members heard from 12.6 Motion - member making - additional 3 minutes 12.7 Speaking - time limitation 12.8 Question - put through - Presiding Officer 12.9 Motion - in debate - read - at any time 12.10 Disturbance - disorderly conduct - prohibited 12.11 Insults - offensive words - prohibited 12.12 Disobedience - rules - Presiding Officer - prohibited 12.13 Disturbance - leaving seat - during vote - prohibited 12.14 Interruption - speaker - prohibited - exception 9 .• Section 13 QUESTION OF PRIVILEGE - POINT OF INFORMATION - ORDER 13.1 Consideration - immediate 13.2 Question of privilege - order - over all matters 13.3 Point of information - answer - by Presiding Officer 13.4 Speaker - interruption - decision - Presiding Officer 13.5 Cdr Presiding Officer - challenged - overruled - procedure 13.6 Call to order - member - decision to expel Section 14 CONFLICT OF INTEREST 14.1 Ethical standards - reporting conflicts 14.2 Disclosure - file with Clerk - upon assuming office 14.3 Disclosure of conflict - while in office 14.4 Disclosure - to be filed with Clerk's office 14.5 Disclosure - during meeting 14.6 Declaration of conflict - must not participate 14.7 Declaration - Clerk to record 14.8 Members required to withdraw - quorum Section 15 MOTIONS - ORDER 15.1 Moved - seconded - before debate - vote 15.2 Withdrawal - at any time - before vote 15.3 Public - to be heard - only after hearing 15.4 Motion Put - public participation - prohibited 15.5 Debate - amendment - permitted 15.6 In order - procedure 15.7 Adjourn - requirements 15.8 Adjourn - time specified - amendable 159 Proceed -beyond 10:00 p.m. -requirements 15.10 Tabling Motion - requirements 15.11 Put the question - requirements 15.12 Defer - certain time 15.13 Defer - Indefinitely 15.14 Refer - requirements 15.15 Amendment - requirement 15.16 Amendment - one at a time - limitation 15.17 Amendment - put „ reverse order- voting procedure 15.18 Introduction - without notice - leave 15.19 Matter - on agenda 15.20 Procedure - introduced orally 15.21 Suspend - rules - regulations 15.22 Point of order - procedure -- information - privilege 15.23 Other - routine - as required 15.24 Motion by Member - notice - to Clerk - time limitation 15.25 Motion by Member - printed in full - on agenda 15.26 Motion by Member - in writing - mover - signature 4 70 Section 16 VOTING 16.1 Motion - multiple - distinct propositions 16.2 Motion - after all spoken - put by Presiding Officer 16.3 Motion - put to vote - speaking - prohibited 16.4 Motion - vote - required - unless disqualified 16.5 Failure - to vote - deemed affirmative 16.6 Mayor - to vote 16.7 Equality of votes - decision - deemed negative 16.8 Method - recorded vote 16.9 Result - announced - by Presiding Officer 16.10 Result - disagreement - immediate - recorded vote 16.11 Recorded vote - when requested - or required 16.12 Recorded vote - all required to vote 16.13 Names - votes - negative - position - recorded 16.14 Majority - requirement - by by -law 16.15 Greater than majority - required - recorded vote Section 17 BUSINESS 17.1 New business - consideration - requirements 17.2 Motion - not on agenda - Presiding Officer - advised 17.3 Motion - not on agenda -- staff request Section 18 BY -LAWS - RESOLUTIONS - CONTRACTS 18.1 Consideration - approval - by Council 18.2 Bylaws - three readings same day - not permitted 18.3 Reports, Resolutions - filed with the Common Clerk Section 19 MINUTES 19.1 information - requirements - taken by Clerk 19.2 Previous meeting - read aloud - two thirds majority 19.3 Approval - regular and special meetings 19.4 Approval - closed meeting 19.5 Public Record - closed meeting Section 20 COMMITTEES 20.1 Establishment - standing committees - as necessary 20.2 Budget Committee of the Whole - establishment 20.3 Budget Committee of the Whole - responsibilities 20.4 Budget Committee of the Whole - Chair - Vice -Chair 20.5 Budget Committee of the Whole - meetings - day - time 20.6 Budget Committee of the Whole - business - procedure 20.7 Special Committee - Appointment - by Council 20.8 Chair - appointed - procedures - determined - Council 209 Work - report - complete - committee dissolved 20.10 Mayor - ex- officio member - all committees 5 71 20.11 Committee Meetings — open to public Section 21 COMMITTEE OF THE WHOLE - PROCEDURE 21.1 Agenda - prepared by Clerk 21.2 Agenda - delivery - to members - prior to meetings 21.3 Agenda - to officials - staff 21.4 Agenda - not delivered - meeting valid 21.5 Agenda - submission - filing deadline 21.6 Agenda - special meetings - preparation 21.7 Chair - to preside - all meetings - voting authority 21.8 Vote - equal - deemed - negative 21.9 Presiding Officer - powers - responsibilities 21.10 Quorum - majority of members 21.11 Meeting - day - time 21.12 Special meeting - called - by Chair 21.13 Special meeting - called - written request - majority 21.14 Special meeting - Committee of the Whole - procedures 21.15 Business - procedure - exceptions 21.16 Metier seeexding ne! required 21.16-7 ,Speaking - no limitations 21.178 Speaking - to motion - once - until all spoken 21.183 Recorded vote - not required 21.1928 Motion - to close debate - prohibited 21.20 -1 Chair - participation 21.212 Point of order - procedure - decision - Chair 21.223 Delegations - hearing of — rules 21.234 Delegation/Presentation — prior notice 21.245 Address - no notice - majority consent - required 21.256 Address - maximum duration 21.26-7 New motion - notice - in writing - deadline 21.275 Report - to Council - all matters - recommendations 21.289 Minutes - Committee of the Whole- taken by Clerk 21.2938 Open meetings -- exception 21.301- Proceedings - adopted - confirmed - by Council - motion 21.312 Recommendation - vote — requested Section 22 ENACTMENT 22.1 Effective date SCHEDULE Schedule `A' - Motions — Table of precedence 72 A PREAMBLE WHEREAS, the Province of New Brunswick Municipalities Act hereinafter referred to as the "Municipalities Act ", provides for the regulation of the meetings of the Common Council and the conduct thereof by By -law; AND WHEREAS it is deemed expedient that rules be made for the better regulation and conduct of such meetings, and that such rules be supplemental to and interpreted in accordance with the statutory provisions of the Municipalities Act; Be it enacted by the Common Council of The City of Saint John as follows; Section 1 SHORT TITLE 1.1 Citation This Bylaw may be cited as the "Procedural By -law." Section 2 INTERPRETATION 2.1 Clerk - defined "Clerk" means the Common Clerk or the Assistant Common Clerk of the City of Saint John. 2.2 Committee — defined "Committee" means a committee provided for or created by Common Council, 2.3 Committee of the Whole - defined "Committee of the Whole" means a committee of Council composed of all of the members sitting in committee as Committee of the Whole. 2.4 Corporation - defined "Corporation" means The Corporation of the City of Saint John. 2.5 Council - defined "Council" means the Mayor and Councillors of The City of Saint John 2.6 Councillor — defined "Councillor" means a member of Council other than the Mayor. 2.7 Deputy - defined "Deputy Mayor" means the member of Council who has been elected to act in the place or stead of the Mayor in the absence or incapacity of the Mayor. 2.8 Hearing — defined "Hearing" means a meeting of Council or that portion of a meeting of Council which has been given authority to conduct a hearing in matters pursuant to any legislation which requires Council to hear interested parties or to afford them an opportunity to be heard before taking action, passing a bylaw or making a decision. 2.9 Holiday — defined "Holiday" means any holiday as defined in the Interpretation Act. 2.10 Mayor - defined "Mayor" is the member of Council holding the office of Mayor. i17. Fds ; e ft;..g ale per-sons inelude female 2.112 Meeting - defined "Meeting" means any regular, special, or other meeting of the Council. 2.123 Member - defined "Member" means any person elected to the Council and includes the Mayor. 2.134 Point of information - defined 7 73 "Point of information" is a request directed to the Presiding Officer or to another member or to staff of the Corporation, for information relevant to the business at hand, but not related to a point of procedure. 2.1 `'' Point of order - defined "Point of Order" is the raising of a question by a member for the purpose of calling attention to any departure from this By -law or the customary modes or proceedings in debate or in the conduct of the Council's business including; (a) any breaches of the Procedural By -law; or (b) any defect in the constitution of any meeting of the Council; or (c) the use of improper, offensive or abusive language; or (d) notice of the fact that the matter under discussion is not within the scope of the motion; or (e) any other informality or irregularity in the proceedings of Council. 2.156 Point of procedure - defined "Point of Procedure" is a question directed to the Presiding Officer to obtain information on a matter of the procedural rules or the rules of the Council bearing on the business at hand in order to assist a member to make an appropriate motion, raise a point of order or understand the parliamentary situation or the effect of a motion. 2.16a Presiding Officer - defined "Presiding Officer" means the Mayor or in his/her absence the Deputy Mayor, or in the absence of both of them, the member appointed under Section 11.3 to act in their absence, while presiding at meetings of Council. 2.175 Question of privilege - defined "Question of Privilege" is the raising of a question or request for the immediate consideration of a matter affecting the comfort, safety or orderliness of a member or the Council collectively, when a member believes that another member has spoken disrespectfully towards him or the Council, or when he believes his/her comments have been misunderstood or misinterpreted by another member or members. 2.1$1 Quorum — defined A majority of all the members elected to the Common Council shall constitute a quorum at any regular or special meeting of the Common Council. 2.19 Recorded vote — defined "Recorded vote" means a vote taken by a show of hands. 2.20 Rules of procedure - defined "Rules of Procedure" means the rules and regulations provided in this Bylaw. 2.21 Sergeant -at -Arms —defined Any member of the City Police shall be a Sergeant -At -Arms on call of the Presiding Officer. 2.22 Special committee - defined "Special Committee" means a committee of Council except Committee of the Whole which is established to consider and report on a specific subject, project, or undertaking. 2.23 Whole of Council — defined "Whole of Council" means those members of Council, including the Mayor, who are not disqualified from voting. Section 3 GENERAL PROVISIONS 3.1 Rules - regulations - observed - by Council The rules and regulations contained in this Bylaw shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business in Council, committees and Committee of the Whole. A 74 3.2 Reference - Robert's Rules of Order When any matter relating to proceedings in Council or in committees or Committee of the Whole arises which is not covered by a provision of this By -law, the procedure to be followed shall be decided with reference to Robert's Rules of Order (10 "' Edition). 3.3 Conflict - Robert's Rules of Order In the event of any conflict between the provisions of this By -law and the provisions of the authority referred to in Section 3.2 the provisions of this By -law shall apply. 3.4 Conflict - statutory provisions The provisions of this By -law are subject to any statutory provisions in effect from time to time and in the event of any conflict between such statutory provisions and the provisions of this By -law, the statutory provisions shall apply. 3.5 Rules - suspension - alteration - 213consent required Notwithstanding geeiien 3.19 or any other provision of this By -law, in the absence of any statutory obligation the rules and regulations contained in this By -law may be suspended or altered for a single occasion with the consent of not less than two- thirds of the total membership of Common Council. 3.6 Quorum - majority of members A quorum of Council shall consist of a majority of the members of the Council. 3.7 Quorum - not present - adjournment - exception If at any meeting the number of members is reduced to less than a quorum, subject to the provisions of the Municipalities Act the Council meeting shall stand adjourned. 3.8 Decisions Council - expressed - resolutions - by -laws The Corporation makes decisions and expresses itself by Council passing resolutions and enacting by -laws. No act or decision of Council is valid unless it is authorized or adopted by a by -law or resolution at a Regular or Special Council meeting. 3.9 Resolutions - by -laws - passed - enacted - majority vote Except as otherwise provided, resolutions and by -laws are passed and enacted by majority vote. 3.10 Motion to Rescind teFffi Of that r-..... ei The motion can only be made by a member who voted with the prevailing side, requires a two - thirds vote for adoption and can be applied to the vote on any motion except a) an affirmative vote whose provisions have been partly carried out; b) an affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; c) any vote which has caused something to be done that it is impossible to undo. 43.11 Reconsideration - any decision A motion to reconsider any action taken by the Common Council may be made only during the same meeting or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, takes precedence over all other motions, may be made at any time, requires a majority vote of the members present and it shall be debatable. Nothing herein shall be construed to prevent any member of the Common Council from making or remaking the same or any other motion at a subsequent meeting of the Common Council. 3.12 Adjournment - due to hour A regular or special meeting of Council shall adjourn .,t the he..- of. (no later than110:00 p.m. if in ...,....:on at that time and shall reconvene at such other day and time as Council by resolution may direct. 3.13 Meeting - extension — not beyond 11:OOpm 75 Notwithstanding Section-3,44—C3.121, Council may agree to an extension of a meeting beyond 10:00 p.m., but not beyond 11:00 p.m, if a majority of the members agree to do so. 3.14 Adjournment - meeting not extended If a Council meeting is still in session at 10:00 p.m. or if extended, at 11:00 p.m. the Clerk shall rise to notify Council and members of the public that the meeting is adjourned and of the date and time to which the meeting is adjourned. 3.15 Orders - authority - reserved - with Council E icc. wi p�-avided in Seetion 6.5—, Nno order or authority for the Corporation or any of its employees to do any matter or thing shall be recognized as emanating from a committee or Committee of the Whole, the authority of committees and Committee of the Whole being limited to the making of recommendations to Council, provided, notwithstanding anything in this By -law to the contrary, a committee shall have the authority to direct employees to report to it on any matter within that committee's jurisdiction as set forth in this By -law. 3.16 Recording - permitted - exception - closed meetings Council and Committee of the Whole meetings may be recorded by the Clerk or his/her designate as a means of assisting in the preparation of the minutes of that meeting. 317 Recording - broadcasting - permitted - conditions Council and Committee of the Whole meetings which are not closed to the public in accordance with the provision of this By -law may be taped, televised or otherwise electronically or mechanically recorded by a cable television company or by any other licensed telecommunications company provided that such taping, televising or recording is carried out in a manner which does not interfere with proceedings at the meeting. 3.18 Amendment - repeal - majority vote - required This By -law may be amended or repealed by a majority vote of the whole of Council. Section 4 MEETING 4.1 First meeting - Municipalities Act - applicable The first meeting of Council after a regular election shall be held no later than the Fifteenth day in June following the Council's election. 4.2 First meeting - date - place - fixed by Clerk The first meeting of Council after a regular election shall be held at a time and place fixed by the Clerk. 4.3 Council business -- Regular Meetings - Mondays Except for the first meeting in a term of Council or as otherwise provided regular meetings of Council shall be held bi- weekly on Mondays for the purpose of transacting all business of Council..-, with the provision for a Council anti /or Coininittee of the Whole meeting as required on the alternate Monday. Business which was originally scheduled for a Regular Council meeting and is left unfinished or is to be reconsidered shall be scheduled for the next Regular Council meeting. 4.4 Regular meeting - location Unless otherwise specifically set out in the notice for a meeting, all regularly scheduled meetings of Council, shall be held in the Council Chamber Lobby Level, 15 Market Square, City of Saint John. 4.5 Special meeting - other committee meeting - location Special or closed meetings of Council, Committee of the Whole and Budget Committee of the Whole and meetings of other committees created under this By -law shall be held at a place and time set out in the notice for the meeting. 4.6 Holiday - meeting - following day - not holiday 10 76 If a regular meeting falls on a holiday, the meeting shall be at the same hour on the following day not being a holiday, unless otherwise determined by Council. 4.7 Public meeting - time - commencement Regular meetings referred to in Section 4.4 shall commence no earlier than 5:00pm and no later than 7:00 pm as determined by the Clerk and set out in the notice for the meeting. 4.8 Public meeting - notice The Clerk must give public notice of the time and place of a Regular Council, Committee of the Whole, Budget Committee of the Whole meeting by notifying the local media and by posting notice of the meeting on The City of Saint John web site (www.saintjohn.ca) the Friday before the date of the regular meeting. 4.9 Public meeting — notice — cancellation- rescheduled The Clerk must give public notice of a cancelled or rescheduled meeting or of the change of time or location by notifying the local media and posting notice to the public on The City of Saint John web site (www.saintjohn.ca) at least 24 hours before the date and time on which the Regular Council, Committee of the Whole, Budget Committee of the Whole meeting was to have been held. 4.10 Additional - subsequent meeting - majority vote Council by a majority vote of members present at a regular meeting of Council may determine that a subsequent meeting is to be held on a day or at a time different from that specified in Sections 4.3, 4.6 and 4.7. 4.11 Audience - Council meeting - restrictions Members of the public who constitute the audience in the Council Chamber during a Council meeting: (a) may not address Council without permission of the Council, (b) shall maintain order and quiet, (c) shall not interrupt or interfere with the proceedings, (d) shall not display signs or placards 4.12 Public member - expulsion - improper conduct Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while in the Council Chamber or addressing the Common Council and refuses to apologize or withdraw his/her remarks when so directed by the Presiding Officer, or willfully obstructs the conduct of business, and refuses to desist when called upon to do so by the Presiding Officer, may be ordered by the Presiding Officer to leave the Common Council Chamber for that meeting, and, if he /she refuses to do so, he/she may, on the order of the Presiding Officer, be removed from that meeting. if necessary the Presiding Officer shall seek the appropriate assistance from the Sergeant at Arms or any member of the Saint John Police Force. He/she, or they, shall carry out all orders and instructions given by the Presiding Officer for the purposes of maintaining order and decorum at the Common Council meeting. 4.13 Regular Meetings -- simultaneous interpretation Simultaneous interpretation services in both official languages will be provided at all regular Council meetings. An inability to provide interpretation services will not invalidate the Council meeting or any proceedings thereat. Section 5 SPECIAL MEETING 5.1 Summoned - by Mayor - at any time The Mayor may, at any time, through the Common Clerk summon a special meeting of Council. 5.2 Summoned - by Clerk - petition of Council 11 77 The Clerk, upon receipt of the petition of any three members, shall summon a special meeting for the purpose and at the time specified in the petition. 5.3 Notice —48- 24 hours in advance - requirements Except as provided in Sections 5.4 and 5.5, The Clerk must give at least 49,1 hours notice in writing, signed by the Mayor or members responsible for calling the special meeting, stating the date and hour of the meeting and the purpose for which the meeting was called, to each member, either: (a) by leaving a copy of the notice with the member; or (b) by leaving a copy of the notice at the place of residence or business of the member; (c) by emailing a copy to the member's Cite email address. 5.4 Emergency - prior notice - not required The notice requirement in Section 5.3 shall not apply to a special meeting summoned to deal with an emergency. 5.5 Emergency - notice — method - location For an emergency meeting the Clerk shall use his/her best efforts to give notice of the emergency meeting and the purpose or purposes of the meeting to each member, either email, verbally or in writing, and notice shall be given as far in advance of the meeting as practicable. An emergency meeting may be conducted in person or from remote locations by use of telecommunications equipment. 5.6 Business - stated - in notice - other - prohibited No business other than that stated in the notice shall be considered at the special meeting. Council may determine with the unanimous consent of the members present to suspend this provision. 5.7 Special meeting - notice - public The Clerk must give public notice of the time and place of a special meeting by notifying the local media and by posting notice of the meeting to the public on The City of Saint John web site (www.saintjohn.ca) 4 - hours before the date and hour of the meeting. Section 6 COUNCIL MEETINGS 6.1 Council Meetings — Types There shall be the following types of Council Meetings: Regular, Special, Emergency and Legal. 6.2 Open to public - exception Unless a meeting or portion thereof is closed to the public in accordance with the terms of applicable Provincial legislation, a member of the public may be excluded or removed from a Council meeting only for misconduct. 6.3 Closed - shall be — reasons A meeting shall not be closed to the public unless and until the Council has adopted a resolution to that effect, which resolution must also state the basis under the Municipalities Act for doing so. 6.4 Closed - compliance - statutory requirements Council proceedings and the record to be kept thereof are subject to the provisions of the Municipalities Act, including those dealing with the obligations of members of Council to vote when present; the circumstances in which the public may be excluded from a meeting; the scope of decisions which may be made at a meeting closed to the public, as well as the record which must be kept of such a meeting and its availability to the public. For ease of reference excerpts of the Municipalities Act are appended to, but do not from part of this by- law. Section 7 78 12 QUORUM 7.1 Quorum - present - meeting - call to order When there are sufficient members present to constitute a quorum at the time set for the commencement of the meeting or as soon thereafter as the quorum is present, the Mayor, or if the Clerk has been advised that the Mayor will be absent or late, the Deputy Mayor shall take the chair and call the meeting to order. 7.2 Mayor absent - Deputy Mayor - call to order - presiding In the event the Mayor does not attend within ten minutes after the time appointed, the Deputy Mayor shall assume the chair, call the members to order, and if a quorum is present preside during the meeting or until the arrival of the Mayor. 7.3 Mayor - Deputy Mayor - absent - procedure In the absence of the Mayor and Deputy Mayor, if a quorum is present within ten minutes after the appointed time, the Clerk shall call the meeting to order and a Presiding Officer shall be chosen from the members present, who shall preside during the meeting or until the arrival of the Mayor or Deputy Mayor. 7.4 Quorum - not present - in 30 minutes - adjournment If there is no quorum within thirty minutes after the time appointed for the meeting, the Clerk shall record the names of all members present at that time and the meeting shall be deemed to be adjourned until the next regular meeting, unless a special meeting is called for that purpose in the meantime. 7.5 Adjournment - agenda - consideration - subsequent If Council is unable to meet for want of a quorum the agenda delivered for that Council or Committee meeting shall be considered at the next Council or Committee meeting prior to consideration of the agenda for the subsequent meeting or it shall be the agenda for a special meeting called for that purpose. Section 8 AGENDA 8.1 Agenda - Order of business The normal order of business for regular and special meetings of Council shall be as set forth in the agenda prepared by the Common Clerk. 8.2 Agenda - Order of business - alteration A member may, during a Council meeting, request that items on the agenda be rearranged in order to conduct the business before Council more expeditiously. 8.3 Consent agenda - consideration of recommendations The consent agenda items of business are considered to be routine and do not require debate or discussion. The items listed will be disposed of with one unanimous motion. Items on the agenda for regular meetings of Council including correspondence from citizens, groups and organizations and reports containing recommendations from the Clerk, from the Committee of the Whole, from other Committees, or from the Chief Administrative Officer or other Council Appointees may be adopted in a single motion of Council, but any of these items will be transferred to the regular agenda for consideration and debate upon the request of any member at the time of adopting the consent agenda. 8.4 Headings - order - prepared by Clerk Promptly at the hour set by this by -law on the day of each regular meeting, the Councillors., the Common Clerk, Chief Administrative Officer, City Solicitor and Mayor shall take their regular seats in the Council Chamber, and the business of the Common Council shall be taken up for consideration and disposition. 13 79 The Clerk shall prepare for the use of members at all Regular meetings of Council, other than Committee of the Whole, an agenda under the following headings: 1. call to order /invocation 2. approval of the minutes of previous meeting(s) of Council 3, adoption of agenda 4. disclosures of conflict of interest 5, adoption of consent agenda 6. members comments 7. proclamations 8. delegations/presentations 9. public hearing(s) 10. consideration of by -laws 11. submissions by Council members 12. business matters - Municipal Officers 13, committee reports 14. consideration of issues separated from consent agenda 15. general correspondence 16. adjournment 8.5 Submissions - listed - public matters The Clerk shall have prepared for the use of the members at all Regular Council meetings an agenda and Council kit, in electronic or printed format, which shall include all items in respect of the agenda matters. 8.6 Delivery - to members - prior to meeting The Clerk shall use his/her best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are delivered in printed format and/or distributed electronically to each member so that they will be received in each case by the Friday immediately preceding the Regular meeting. 8.7 DistAbutien Made available - to officials - staff The Clerk shall use his/her best efforts to ensure that electronic copies of the agenda and Council kit for regular meetings of Council are distributed, iH— •°•'Ra� and/or eleetr-enieallyrmade available to all C- corporation officials and staff who are to receive copies thereof as determined by the Chief Administrative Officer on the Friday immediately preceding the meeting. 8.8 Julien- Made available— agenda- public Copies of the agenda shall be made available to the general public at the Office of the Common Clerk and on the website of The City of Saint John by 4:30 p.m. on the Friday preceding the meeting. 8.9 Not delivered - on schedule - meeting valid Failure by the Clerk to meet the schedule set out in Sections 5- 5 -8.6., 8.7and 5-.6-8.8will not invalidate the Council meeting or any proceeding thereat. 8.10 Submissions - to Clerk - deadline All submissions for inclusion in the agenda for regular meetings of Council shall be submitted to the Clerk not later than 4:00 p.m. on the Thursday prior to the date on which the agenda is to be distributed to members. 8.11 Special meeting - preparation - requirements For special meetings, the agenda shall be prepared as the Mayor, or in the case of a petition, the Clerk, may direct. Section 9 :E 14 REPORTS - PETITIONS 9.1 Included on agenda - by Clerk On receipt of a petition intended for Council the Clerk may include it as an item on the agenda for the next regular meeting of Council for which the Clerk is accepting agenda items in full or in summary form as he/she sees fit. 9.2 Public Reports — Planning Advisory Committee If a public meeting has been scheduled at the direction of the Planning Advisory Committee prior to consideration of its report by Council, then all documents, staff reports and plans shall be made available for viewing before and at such public meeting of the Planning Advisory Committee. Section 10 DELEGATIONS /PRESENTATIONS - PUBLIC 10.1 Delegations/Presentations - request on agenda - prior notice When a member of the public or a representative of any group of persons seeks to address Council, he /she shall submit a request, in writing to the Common Clerk, addressed to the Mayor and Councillors prior to 4:00 pm on the Thursday preceding the scheduled Council meeting. The Clerk will include the request on the agenda of the next regular meeting. 10.2 Delegations /Presentations — permission to appear Upon considering the request to make a presentation or hear a delegation Council may; a) decline to hear the delegation/presentation or b) set a date, no earlier than the next regular meeting, to hear the delegation/presentation or c) instruct the Clerk to schedule a mutually convenient time and date to hear the del egation/presentation 10.3 Delegations/Presentations — submission of materials When a member of the public or a representative of any group is scheduled to address Council a copy of their presentation shall be submitted to the Common Clerk prior to 4:00 pm on the Thursday preceding the scheduled Council meeting. 10.4 Delegations/Presentations - requested - at meeting - majority consent No member of the public or representative of any group of persons will be permitted to address Council without the prior consent of two thirds of the total membership, other than persons entitled by statute to be heard or persons invited by notice authorized by Council, who have not been included in the agenda by the Clerk. 10.5 Delegations/Presentations - maximum duration - limitations Except with consent of Council, no member of the public shall address Council for more than fifteen minutes, exclusive of the time required to answer questions put to him/her by Council, except that a group of persons may have more than one spokesperson provided that the total length of time such spokes address Council shall not exceed fifteen minutes, exclusive of the time required to answer questions put to them by Council. 10.6 Delegations/Presentations — addressing Council Each member of the public or spokes -� !ire - ; on behalf of a delegation addressing the Council shall give his/her name and address. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Presiding Officer. No question shall be asked except through the Presiding Officer. 10.7 Delegations/Presentations — finalization of matters Finalization of matters presented by a delegation shall not be dealt with until after all items on the agenda have been dealt with. Section 11 ROLES - MAYOR, DEPUTY MAYOR, COUNCILLORS 15 N 11.1 Role of the Mayor — preside — provide leadership The Mayor shall; (a) preside at all meetings of Council, except as provided for otherwise in this by -law (b) provide leadership to Council, (c) communicate information and recommend actions to Council for the improvement of the municipality's finances, administration and government, (d) speak on issues of concern to the municipality on behalf of Council, and (e) perform any other duties conferred upon him or her by this by -law or any Act or by Council. 11.2 Deputy Mayor - appointment - by election At the first meeting, Council shall elect a member to act as Deputy Mayor for the term of office of the Council 11.3 Mayor/Deputy Mayor — absence — inability to act In the absence or inability of the Mayor and Deputy Mayor to act, Council, by a majority vote, may appoint any other member to act in the place of the Mayor. 11.4 Deputy Mayor - powers - duties In the absence or inability of the Mayor to act, or if the office of Mayor is vacant, the Deputy Mayor shall act in the place of the Mayor, and while so acting, he /she possesses the powers and shall perform the duties of the Mayor as designated under the Municipalities Act and this By -law. 11.5 Councillors — responsibilities — participation - duties A Councillor shall; (a) consider the welfare and interests of the entire municipality when making decisions, (b) bring to the attention of Council matters that may promote the welfare or interests of the municipality, (c) participate in developing and evaluating the policies and programs of the municipality, (d) participate in meetings of Council, Council committees and any other body to which he or she is appointed by Council, and (e) perform any other duties conferred upon him or her by this or any other Act or by Council. 11.6 Presiding Officer — duties at meetings It is the duty of the Presiding Officer to; 1. open meetings of Council by taking the chair and calling the meeting to order; 2. to receive and submit, in the proper manner, all written motions presented by members; 3. put to a vote all questions which are regularly moved and seconded or necessarily arise in the course of proceedings; 4, determine what motions or amendments are in order, subject to an appeal to Council, and decline to put any motion or amendment before Council which he /she deems to be out of order or contrary to law; 5. state every question coming before the Common Council, announce the decision of the Common Council on all subjects; 6. follow the rules of procedure and keep the members, when engaged in debate, within the rules of procedure; 7, observe and enforce on all occasions order and decorum among the members and the public; S. call by name any member persisting in breach of the rules of procedure and, subject to a majority vote of members present, order him/her to vacate the Council Chamber; 9. consider proclamations and announce them to the Council; 16 82 10. authenticate by his/her signature, when necessary, all by -laws, contracts and other documents as required by statute or by -law; 11. respond to Council regarding points of order, when so requested by a member or members; 12. represent and support Council; 13. if he/she considers it necessary because of grave disorder, to adjourn the sitting or suspend the sitting for a time to be named by him/her. Section 12 RULES OF CONDUCT - DEBATE 12.1 Speaking - Presiding Officer The Presiding Officer may answer questions and may if he/she wishes, speak on a question, take a definite position and endeavor to persuade Council to support that position, while continuing to chair the meeting. The Presiding Officer will leave the chair if lie /she wishes to introduce a motion. 12.2 Speaking - order - determined - by Presiding Officer When two or more members wish to speak, the Presiding Officer shall name the member who is to speak first. 12.3 Speaker - recognition - by Presiding Officer When a member wishes to speak at a Council meeting he shall be recognized by the Presiding Officer before doing so. No member will speak on any subject other than the subject in debate. 12.4 Speaking - twice only - exception - Council approval Members shall not speak more than twice on a motion except with the consent of the Presiding Officer. 12.5 Speaking - twice - all members heard from No member shall speak a second time unless all members have had an opportunity to speak once. 12.6 Motion - member making - additional 3 minutes Notwithstanding Sections 12.3 through 12.5 inclusive, the member who has made a motion (other than a motion for an amendment or a procedural motion) shall be allowed to close the debate for a maximum of an additional three minutes after all other members have been given an opportunity to speak. 12.7 Speaking - time limitation A member shall speak for a maximum of three minutes each time when speaking on a main motion and three minutes each time when speaking on any amendment. 12.8 Question - put through - Presiding Officer A member may ask a question of a previous speaker only through the Presiding Officer and the question must relate to the speaker's remarks but, in any event a member may ask a question of the Presiding Officer or of staff through the Presiding Officer prior to the motion being put to a vote. 12.9 Motion - in debate - read - at any time Any member may require the motion under debate to be read at any time during the debate. 12.10 Disturbance - disorderly conduct - prohibited No member shall disturb the proceedings of Council or another member by any disorderly conduct. 12.11 Insults - offensive words - prohibited No member shall use offensive words or insulting expressions in referring to Council, any other member, any employee of the City or any member of the public. 12.12 Disobedience - rules - Presiding Officer - prohibited 17 83 No member shall disobey the rules of procedure or decision of the Presiding Officer or of Council on questions of order or practice or upon the interpretation of the rules of procedure. 12.13 Disturbance - leaving seat - during vote - prohibited No member shall leave his/her seat or make any noise or disturbance while a vote is being taken or until the result is declared. 12,14 Interruption - speaker - prohibited - exception No member shall interrupt a member while speaking, except to raise a point of order or question of privilege. Section 13 QUESTION OF PRIVILEGE - POINT OF INFORMATION /ORDER 13.1 Consideration - immediate Whenever a question of privilege or a point of order arises it shall be considered immediately. 13.2 Question of privilege - procedure - over all matters A member may rise at any time on a question of privilege and a question of privilege shall take precedence over all other matters. 13.3 Point of information - answer - by Presiding Officer When a point of information is raised, the Presiding Officer shall answer the question or direct the question to the appropriate member or staff member. 13.4 Speaker - interruption - decision - Presiding Officer A member may interrupt the person who has the floor to raise a point of order or a point of procedure when such member feels that there has been a deviation or departure from the rules of procedure and upon hearing such point of order or point of procedure, the ruling of the Presiding Officer shall be final unless a challenge is made pursuant to Sections 13.5 and 13.6. If a member, while speaking, be called to order, he /she shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed. 13.5 Fhn-ir-Presiding Officer- challenged - overruled - procedure Whenever a member wishes to challenge the ruling of the Chair Presiding Officeron a point of order (including a determination that a motion is out of order) he shall make a motion substantially as follows: "That the decision of the Cdr - Presiding Officer be overruled." Thereafter the question shall be put to Council and Council shall decide the matter, by majority vote of members present, immediately without debate and this decision shall be final. 13.6 Call to order - member - decision to expel If any member uses insulting or improper language to the Presiding Officer or any member, and refuses to apologize or withdraw his/her remarks when so directed by the Presiding Officer, or willfully obstructs the conduct of business, and refuses to desist when called upon to do so by the Presiding Officer he/she may be ordered by the Presiding Officer to leave the Council Chamber for that meeting, and, if he /she refuses to do so, he /she may, on the order of the Presiding Officer, be removed; and on making an apology to the Presiding Officer and to any member insulted by him/her, may by a majority vote of the Common Council be permitted to resume his/her place at such meeting. Section 14 CONFLICT OF INTEREST 14.1 Ethical Standards - reporting conflicts Council Members shall be expected to maintain high ethical standards appropriate to their public office, and shall be expected to report any conflict of interest, as required in the Municipalities Act. 14.2 Disclosure - file with Clerk - upon assuming office 18 84 Upon assuming office, each member shall file with the Clerk in the form prescribed a statement disclosing any conflict of interest of which he/she has knowledge or should reasonably have knowledge; but a member need not disclose particulars of his/her financial interest or the extent of any interest in any matter giving rise to a conflict of interest. 14.3 Disclosure of conflict — while in office A disclosure similar to that described in 14.2 shall forthwith be made by each member where a conflict of interest arises while he /she is in office. 14.4 Disclosure — to be filed with Clerk's office Every disclosure of interest filed shall be recorded and kept in a file by the Clerk, and that file shall be open during regular office hours for inspection or examination by any person qualified to vote under the Municipal Elections Act. 14.5 Disclosure — during meeting Where a member has a conflict of interest with respect to any matter in which the Council is concerned and he /she is present at a meeting of Council, a committee of Council or any other meeting at which the business of Council is conducted; and /or at which the matter is a subject of consideration he /she shall, a) as soon as the matter is introduced, disclose that he /she has a conflict of interest in the matter; and b) forthwith withdraw from the meeting room while the matter is under consideration or vote. 14.6 Declaration of conflict — must not participate After making the declaration, the member must not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter. 14.7 Declaration — Clerk to record When a verbal declaration is made; (a) the person recording the minutes of the meeting must record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and (b) the person presiding at the meeting must ensure that the member is not present at the meeting at the time of any vote on the matter. 14.8 Member required to withdraw - quorum Where the number of members who, by reason of the provisions of the Municipalities Act, are required to withdraw from a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, notwithstanding any other general or special Act the remaining members shall be deemed to constitute a quorum if there are not fewer than three. Section 15 MOTION - ORDER 15.1 Moved - seconded - before debate — vote A motion shall have no standing and debate on it shall not commence until it has been moved and seconded and has been stated by the Presiding Officer as pending before the Council. 15.2 Withdrawal - at any time - before vote After a motion has been moved and seconded and stated by the Presiding Officer it is in the possession of Council for consideration but, with the consent of the majority of Council and without debate, it may be withdrawn by the mover and seconder at any time before it has been voted on. 15.3 Public - to be heard — motion only after hearing If members of the public are to be heard on a matter, no motion shall be received until they have been heard. 15.4 Motion Put - public participation - prohibited 49 85 No further public participation on a matter will be allowed after the motion has been duly made and seconded. 15.5 Debate - amendment - permitted All motions which properly are before Council for consideration are open to debate and may be amended except as specifically provided elsewhere in this By -law. 15.6 In order - procedure When a motion has been moved and seconded and is being considered by Council, no motion shall be received except a motion: (a) to set the time to adjourn; (b) to adjourn the meeting; (c) to lay the question on the table; (d) to put the previous question (close the debate); (e) to defer the question to a certain time or date; (f) to refer the question to some other person or group for consideration; (g) to amend the amendment; or (h) to amend the main motion; which shall have precedence in the order in which they are named and as more particularly referred to in Schedule `A'. 15.7 Adjourn - requirements A motion to adjourn: (a) shall not be amended or debated; and (b) shall always be in order except when a member is speaking or the members are voting. 15.8 Adjourn - time specified - amendable Notwithstanding Section 15.7 where a motion to adjourn includes the time at which the adjourned meeting will continue, that motion may be amended and debated as to that time. 15.9 Proceed - beyond 10:00 p.m. - requirements Subject to Section 3.14, a motion to proceed beyond the hour of 10:00 p.m.: (a) shall not be amended or debated; and (b) shall always be in order except when a member is speaking or the members are voting 15.10 Tabling Motion — requirements • motion to table a motion shall state a reason, always be in order and shall not be debatable. • motion to take up a tabled matter is not subject to debate or amendment. A motion that has not been taken from the table for six months is deemed to be withdrawn. 15.11 Put the Previous Question - requirements A motion to put the question: (a) shall not be amended or debated; (b) shall not be received in any committee or in the Committee of the Whole; and (c) requires the affirmative vote of two - thirds of the members present. 15.12 Defer — certain time A motion to defer to a certain time or date: (a) shall be open to debate only as to advisability of postponement; and (b) may be amended as to the time or date to which the matter is deferred. 15.13 Defer - Indefinitely A motion to defer a pending resolution or By -law indefinitely, is debatable and requires a majority vote to adopt. Its effect is to dispose of the resolution or By -law without a direct vote on it. The resolution or By -law which is postponed indefinitely cannot be brought up again at the same meeting. There is no obligation to take the resolution up at a future meeting, but it can be raised at a future meeting. 15.14 Refer - requirements A motion to refer a matter under consideration to Committee of the Whole, a Committee, Chief Administrative Officer, City Solicitor, Common Clerk, or as otherwise directed: 20 IN (a) shall be open to debate only on the propriety of referring the question and may be amended; and (b) shall include the terms on which the motion is being referred, and may include the time at which the matter is to be returned and whatever explanation may be necessary as to the purpose of the motion. 15.15 Amendment — requirement An amendment is a motion that the wording of another motion be changed before the vote on it is taken. The following main rules apply to amendments: (a) An amendment must be in one of these three forms: (1) to amend by inserting or adding text; or (2) to amend by striking out text; or (3) to amend by striking out text and inserting other text in its place. (b) An amendment is debatable, and requires a majority vote to adopt. (c) An amendment must be germane to (closely related to, or in some way involve) the motion which it seeks to modify and shall not be directly contrary to the main motion. 15.16 Amendment - one at a time — limitation There may be up to two amendments pending at the same time, while the resolution or By- law is on the floor: (1) a primary amendment (an amendment to the main motion); (2) a secondary amendment (an amendment to the amendment). (3) only one amendment at a time shall be presented to the main motion and only one amendment at a time shall be presented to an amendment. 15.17 Amendment - put - reverse order - voting procedure The Presiding Officer shall put amendments in the reverse order to which they have been moved and when all amendments are voted upon, the Presiding Officer shall put the main motion, incorporating any adopted amendments. 15.18 Introduction - without notice - leave Except as otherwise provided in this By -law, only the motions set out in Sections 15.19 through 15.23 inclusive, may be introduced orally without notice and without leave. 15.19 Matter - on agenda A motion on any subject matter that appears on the agenda for that meeting may be introduced orally without notice and without leave. 15.20 Procedure - introduced orally Motions listed in Section 15.6 may be introduced orally without notice and without leave. 15.21 Suspend - rules - regulations A motion to suspend the rules and regulations of this By -law may be introduced orally without notice and without leave. 15.22 Point of order - procedure - information - privilege A motion on a point of order, point of procedure, point of information or question of privilege may be introduced orally without notice and without leave. 15.23 Other - routine - as required Other motions made upon routine proceedings as may be required for the observance of the proprieties of Council; the maintenance of the authority of Council; the arrangement of its proceedings; the correctness of its records; or the fixing of its meetings or the dates and times of its meetings, may be introduced orally without notice and without leave. 15.24 Motion by Member - notice - to Clerk - time limitation A member wishing to place an item on the agenda, other than a motion referred to in Sections 15.19 through 15.23 inclusive, for consideration by Council shall deliver a motion, in writing, 21 87 to the Clerk not later than 4:00 p.m. on the Thursday in the week that immediately precedes the day of the Council meeting. 15.25 Motion by Member - printed in full - on agenda The motion mentioned in Section 15.24 shall be printed in full for inclusion in the Council Kit for that meeting of the Council. 15.26 Motion by Member - in writing - mover - signature The motion mentioned in Section 15.24 shall be submitted to the Clerk in writing or by fax over the signature of the mover or from the member's known email address and shall provide sufficient background information relating to the motion. Section 16 VOTING 16.1 Motion - multiple - distinct propositions When a motion under consideration contains two or more distinct propositions, where any member so requests the vote upon each proposition shall be taken separately. 16.2 Motion - after ail spoken - put by Presiding Officer The Presiding Officer shall put a motion to a vote immediately after all members desiring to speak on the motion have spoken. 16.3 Motion - put to vote - speaking - prohibited After a motion is put to a vote by the Presiding Officer, no member shall speak to that motion. 16.4 Motion - vote - required - unless disqualified Unless disqualified to vote by reason of conflict of interest or otherwise upon a by -law, resolution, motion or for any other purpose, each member present, including the Mayor, shall announce his/her vote openly and individually, and the Clerk shall record the decision, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. 16.5 Failure - to vote - deemed affirmative Every member, including the Mayor, present at a meeting who is not disqualified from voting in accordance with Section 16.4, shall be deemed to be voting in the affirmative for the motion if he/she fails to announce his/her vote. 16.6 Mayor - to vote The Mayor, when present at a meeting of the Common Council shall preside and shall vote on all questions. 16.7 Equality of votes - decision - deemed negative The Mayor shall not have a casting vote but if because of the absence of a Councillor or Councillors there should be a tie upon any question such question shall be considered and declared lost. 16.8 Method — recorded vote A recorded vote shall be taken by a show of hands for each member present and qualified to vote. 16.9 Result - announced - by Presiding Officer The Presiding Officer shall announce the result of every vote. 16.10 Result - disagreement - immediate - recorded If a member disagrees with the announcement by the Presiding Officer of the result of any vote, he may object immediately to the Presiding Officer's declaration and require that a recorded vote be taken. 16.11 Recorded vote - when requested - or required A recorded vote shall be taken when called for by any member immediately prior or immediately subsequent to the taking of a vote or when required by law or under this By -law. 16.12 Recorded vote - order 22 :: When a recorded vote is taken all members including the Mayor must vote unless disqualified by statute and any failure to vote by a member including the Mayor who is not disqualified shall be deemed to be an affirmative vote. 16.13 Names - votes - negative - position - recorded Unless required by any member present, only the names of those who voted against a motion shall be entered in the minutes. The members may request that the reasons for their nay vote be noted in the minutes. 16.14 Majority - requirement - by by -law Whenever this By -law requires a vote of a simple majority of Council, the requirement shall be interpreted as meaning such majority, of the members who are present and qualified to vote on the matter provided that this By -law or a relevant statute does not specify differently. 16.15 Greater than majority - required - recorded vote Whenever this By -law or any statute requires that a by -law be passed or any other action taken by a vote of two - thirds or any other fraction of Council greater than a majority, that vote shall be taken by recorded vote. Section 17 BUSINESS 17,1 New business - consideration - requirements No member shall present any matter to Council for its consideration at a meeting unless: (a) the matter appears on the agenda for that meeting; or (b) it is in accordance with Sections 15.7 through 15.23 inclusive; or (c) Council by two thirds majority vote of the membership grants leave to include the matter on the agenda without prior notice. 17.2 Motion - not on agenda - Presiding Officer - advised The Presiding Officer shall be advised of any motions proposed to be introduced which are not in the agenda and which do not come within Sections 15.7 through 15.23 inclusive at the time of adoption of the agenda. 17.3 Motion - not on agenda — staff request The Chief Administrative Officer, City Solicitor, Commissioner of Finance or Common Clerk of the Corporation may request that Council consider a matter not included in the agenda which calls for immediate and urgent consideration and Council, by a vote of two - thirds majority of the membership, shall determine whether or not to consider this matter. Section 18 BY- LAWS - REPORTS - RESOLUTIONS - CONTRACTS 18.1 Consideration - approval - by Council All by -laws, resolutions and contract documents shall, before presentation to the Common Council, have been approved as to form and legality by the City Solicitor or his/her authorized representative, and shall have been examined and approved for administration by the Chief Administrative Officer or his/her authorized representative where there are substantive matters of administration involved. 18.2 Bylaws - three readings same day — not permitted Unless otherwise provided by statute, a by -law shall be adopted in both official languages and may not receive three readings on the same day. 18.3 Reports, resolutions — filed with Common Clerk All reports and Ft—i m iot - rpolions shall be filed with the Common Clerk. Section 19 MINUTES 19,1 Information - requirements - taken by Clerk 23 - The Clerk or his /her designate shall take minutes of each Council meeting which minutes shall record, without note or comment: (a) the place, date and time of meetings; (b) the name or names of the presiding member or members and the record of attendance of the members and senior staff members; (c) the adoption of the minutes of prior meetings, and if requested, correction and; (d) all resolutions, decisions and other proceedings of Council. 19.2 Previous meeting - read aloud — 213 majority request The minutes of the previous meeting shall be presented to Council for approved in both official languages as circulated, subject to corrections of any errors found therein and shall not be read aloud. 19.3 Approval of Minutes The minutes of all Regular Council and Special Council meetings shall be adopted at a Regular Council meeting. The minutes of a Committee of Council shall be approved at a meeting of that Committee of Council and the recommendations from Committee of the Whole shall be considered for adoption at a Regular Council meeting. 19.4 Approval of Minutes — Closed Meeting The minutes of any meeting or portion of a meeting of Council or a committee of Council that was closed to the public shall be approved at the following closed meeting of Council or committee of Council. The minutes of any meeting or portion of a meeting of Council or a committee of Council that was closed to the public pursuant to subsection 10.2(4), of the Municipalities Act shall not be open for inspection or examination by members of the public. 19.5 Public Record — Closed Meeting A record of the closed meetings shall be prepared and signed by the Common Clerk containing only the following: (a) the type of matter under subsection 10.2(4) of the Municipalities Act that was discussed during the meeting; and (b) the date of the meeting. The record made shall be available for inspection in the office of the Clerk during regular business hours. Section 20 COMMITTEES 20.1 Establishment — standing committees - as necessary Council may by bylaw or resolution create such standing committees as are necessary or expedient for the orderly and efficient handling of the affairs of the Corporation and shall establish generally or in detail the duties and responsibilities, composition, and duration of a committee established. 20.2 Budget Committee of the Whole - establishment There shall be a Budget Committee of the Whole. 20.3 Budget Committee of the Whole - responsibilities The Budget Committee of the Whole shall consider matters and issues relating to the preparation, administration and monitoring of the operating and capital budgets of the Corporation, Water and Sewerage Utility, Trust Funds and other current and long -range fiscal planning for the Corporation. 20.4 Budget Committee of the Whole - Chair - Vice -Chair The Mayor and in his/her absence the Deputy Mayor shall serve as the Chair of the Budget Committee of the Whole. 20.5 Budget Committee of the Whole - meetings - day - time Meetings of the Budget Committee of the Whole may be called by the Chair whenever he /she considers it necessary. 24 ., 20.6 Budget Committee of the Whole - business - procedure The business of the Budget Committee of the Whole shall be conducted in accordance with the rules governing the procedure of Committee of the Whole. 20.7 Special Committee - Appointment - by Council Council may by resolution appoint a Special Committee to consider and report on a specific subject, project or undertaking. 20.8 Chair - appointed - procedures - determined - CounciI When a Special Committee has been appointed by Council, Council shall; a) name the member of that Special Committee who is to act as Committee Chair, and in the absence of such direction the committee shall appoint its own chair, and b) shall determine whether or not the rules of procedure for Committee of the Whole apply to that special committee. 20.9 Work - report - complete - committee dissolved When a special committee has completed its work and made its report to Council, that committee shall be deemed to be dissolved. 20.10 Mayor - ex- officio member - all committees The Mayor shall be ex- officio a member of all standing and special committees, has all the privileges of committee membership, including the right to make motions and to vote but is not counted in determining the number required for a quorum or whether a quorum is present. 20.11 Committee Meetings -- open to public All meetings of a committee of Council shall be open to the public. Sections 6.3 to 6.6 inclusive shall apply if it is necessary to close a committee meeting or portion of a committee meeting to the public. Section 21 COMMITTEE OF THE WHOLE - PROCEDURE 21.1 Agenda - prepared by Clerk The Clerk shall prepare an agenda for all Committee of the Whole meetings. 21.2 Agenda - delivery - to members - prior to meetings The Clerk shall use his/her best efforts to ensure that a .: °,the agenda and Council kit for regular, budget and special meetings of Committee of the Whole are delivered- available in electronic or printed format to each Committee of the Whole member so that they will be received in each case on the Friday of the week preceding the week of the meeting. 21.3 Agenda - to officials - staff- public hearing The Clerk shall use his /her best efforts to ensure that copies of the agenda and Council kit for regular, budget and special meetings of Committee of the Whole are distributed in electronic or printed format to all Corporation officials and staff, who are to receive copies thereof as determined by the Chief Administrative Officer, on the Friday of the week preceding the week of the meeting. 21.4 Agenda - not delivered - on schedule - meeting valid Failure by the Clerk to meet the schedule set out in Sections 21.2 and 21.3 will not invalidate the Committee of the Whole meeting or any proceedings thereat. 21.5 Agenda - submission - filing deadline All submissions for inclusion in the agenda for regular, budget and special meetings of Committee of the Whole shall be in the submitted to the Clerk not later than 4:00 p.m. on ___ z_, Thursday prior to the date of the meeting. 21.6 Agenda - special meetings - preparation For special meetings of the Committee of the Whole, the agenda shall be prepared as the Committee Chair, or in the case of a petition, the Clerk, may direct. 21.7 Chair - to preside - all meetings - voting authority 25 91 The Mayor and in his/her absence the Deputy Mayor shall serve as the Chair of the Committee of the Whole. The Committee Chair, or in his/her absence, such other member of the committee as may be chosen by the committee, shall preside at every meeting and may vote on all questions submitted. 21.8 Vote - equal - deemed - negative In a case of an equal division of votes, the Committee Chair shall not have a second or casting vote and the question shall be deemed to have been decided in the negative. 21.9 Presiding Officer - powers - responsibilities Except as otherwise provided in this By -law, the committee member presiding at a Committee of the Whole meeting, while presiding, shall have all of the powers and responsibilities of the Presiding Officer at a meeting of Council. 21.10 Quorum - majority of members A quorum of any Committee of the Whole shall be the majority of its members. 21.11 Meeting - day - time Unless otherwise provided by resolution at a Regular Council meeting, meetings of the Committee of the Whole shall be scheduled prior to a Regular Council Meeting commencing at a time to be set by the Clerk or on the Monday of the week falling between the bi- weekly Regular Council meetings. 21.12 Special meeting - called - by Chair A special meeting of a Committee of the Whole may be called by the Committee Chair whenever he /she considers it necessary. 21.13 Special meeting - called - written request - majority The Committee Chair or in the case of his/her neglect or failure, the Clerk, shall call a special meeting of Committee of the Whole whenever three of the members of that committee request in writing such a special meeting. 21.14 Special meeting - Committee of the Whole - procedures The provisions of Section 5, so far as they are applicable, apply to special meetings of Committee of the Whole. 21.15 Business - procedure - exceptions The business of Committee of the Whole shall be conducted in accordance with the rules governing the procedure of Council, so far as they are applicable, except as otherwise set out in this section. 21.16-7 Speaking - no limitations There is no limit to the number of times or length of time a member may speak to a motion in Committee of the Whole. 21.178 Speaking - to motion - once - until all spoken A member shall not speak more than once to a motion until every member who desires to speak has spoken once in Committee of the Whole. 2 1. 18 Recorded vote - not required No recorded vote shall be required. 21.2019 Motion - to close debate - prohibited A motion to put the previous question shall not be permitted in Committee of the Whole. 21.2470 Chair - permitted a position - without leaving The Committee Chair or other presiding member may take a definite position and endeavor to persuade the Committee of the Whole on that position without leaving the chair in Committee of the Whole. 21.21. A Point of order - procedure - decision - Chair When a point of order or procedure is raised or when a member is called to order in Committee of the Whole, the same procedure shall be adopted as in Council 92 ap . 21.223 Delegations - hearing of — rules When a person or a representative of any group is scheduled to address Committee of the Whole a copy of the presentation shall be submitted to the Common Clerk prior to 4:00 pm on the Thursday preceding the scheduled Committee of the Whole meeting. 21.2 Delegation/Presentation - prior notice When a person or representative of any group of persons wishes to address Committee of the Whole he /she shall submit a request in writing to the Common Clerk, addressed to the Mayor and Council, prior to 4:00 p.m. on the Thursday preceding a Regular Council meeting. 21.2,,,-1 Address - no notice - majority consent - required No person or representative of a group of persons who has not received the prior consent of the Council or Committee of the Whole will be permitted to address the Committee without the consent of a majority of the membership of Council. 21.256 Address - maximum duration Except with the majority consent of the Committee of the Whole, no person shall address the Committee for more than twenty minutes, exclusive of the time required to answer questions put to him/her by the Committee, except that a group of persons may have more than one spokesperson provided that the total length of time such spokesperson addresses the Committee shall not exceed thirty minutes, exclusive of the time required to answer questions put to them by Committee. 21.267 New motion - notice - in writing - deadline A member of Committee of the Whole wishing to introduce a motion, other than the type listed in Sections 15.7 through 15.23 inclusive, for consideration by Committee of the Whole shall deliver the motion in writing to the Clerk by 4:00 pm on the Thursday before the meeting of Committee of the Whole and shall provide the background associated with the item and the proposed motion. 21.279 Report - to Council - all matters - recommendations Committee of the Whole shall report to Council on all matters connected with the duties imposed on it and all matters referred to it and shall recommend such action as it deems appropriate. 21.2_',,_I; Minutes - Committee of the Whole - taken by Clerk The Clerk or any employee of the Corporation designated by the Clerk shall take minutes of the Committee of the Whole meetings. 21._. � ".= Open meetings - exception The provision of Sections 6.2 through 6.6 inclusive, regarding closing meetings to the public, apply to regular and special meetings of Committee of the Whole and except as permitted or provided in the Municipalities Act, Committee of the Whole meetings shall be open to the public. 21.31- Proceedings - adopted - confirmed - by Council - motion The recommendations of Committee of the Whole meetings may be adopted by Council in a single motion and the passage of such motion shall be taken to confirm all of the proceedings taken in the Committee of the Whole meeting except for those matters dealt with or voted on separately. 21.31: Recommendation - vote - requested A member may request prior to the adoption of the Committee of the Whole report or recommendations that Committee recommendations be voted on separately and such a request shall not require the introduction of a motion. Section 22 ENACTMENT 93 27 22.1 Effective date This By -law shall come into force on the l st day of January, 2006. SCHEDULE A TABLE OF PRECEDENCE 1. MOTION TO SET THE DATE AND TIME OF THE NEXT • Ensure that MEETING. those who must - Requires a mover and a seconder leave, know the - Requires, for adoption, a majority vote time and place of - May be debated, but only as to the date and time. the next meeting. 2. MOTION TO SET THE TIME TO ADJOURN. *To limit the - Requires a mover and a seconder length of the - Requires, for adoption, a majority vote meeting. - May be debated, but only as to the time of the adjournment 3. MOTION TO ADJOURN. •To terminate - Requires a mover and a seconder meeting. - Requires for adoption, a majority vote - May be debated 4. MOTION TO RECESS *Cooling off - Requires a mover and a seconder period. - Requires a majority vote - Must not be debated 5. MOTION TO RAISE A QUESTION OF PRIVILEGE •Ventilation - Requires a mover only, who may interrupt another speaker *Disorder in - Requires no vote gallery - Must not be debated *Any rights of members 6. MOTION TO RAISE A POINT OF ORDER *To call attention - Requires a mover only, who may interrupt another speaker *Failure to - Requires no vote observe rules. - Must not be debated 7. MOTION TO LAY ON THE TABLE OR MOTION TO *Consider REMOVE FROM THE TABLE immediately. - Requires a mover and a seconder - Requires a majority vote - Must not be debated 8. MOTION TO PUT THE PREVIOUS QUESTION *To limit - Requires a mover and a seconder amendments and 28 94 - Requires a two - thirds vote force a direct vote - Must not be debated on the main motion. 9. MOTION TO DEFER TO A DEFINITE DATE AND TIME. •Make way for - Requires a mover and a seconder more urgent - Requires a majority vote business. - May be debated, but only as to the time •Cooling off period. .Postpone • Way of determining support 10. MOTION TO REFER (e.g. TO A STANDING OR *When additional SPECIAL COMMITTEE) information or - Requires a mover and a seconder discussion is - Requires a majority vote needed. - May be debated 11. MOTION TO AMEND •To add, delete, or - Requires a mover and a seconder substitute words in - Requires a majority vote the main motion. - May be debated 12. THE MAIN MOTION •The proposal - Requires a mover and a seconder before the - Requires a majority vote meeting. - May be debated 14. MOTION TO RESCIND *Annul a motion - Is a main motion that has been - Requires a mover from the prevailing side and a seconder passed. - Requires a two - thirds vote 29 95 REPORT TO COMMON COUNCIL M & C — 2010 -045 February 12, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Hillcrest Aquifer Carrying Capacity Study BACKGROUND: City of Saint John On April 24, 2009 Common Council accepted a proposal submitted by Dillon Consulting Limited for the services of a qualified hydro - geologist and land use planner to study the carrying capacity of the aquifer(s) supplying water to private wells for existing and future development in the Loch Lomond and Hillcrest Road area. This study was precipitated by concerns from Planning staff and Council arising from an increasing level of unserviced development activity in the Loch Lomond - Hillcrest area, and the receipt of recent water assessment reports citing issues with both water quality and quantity for proposed developments in this area. Dillon Consulting Limited has provided the City with a Study that includes: - an analysis of the carrying capacity of the aquifer(s) supplying water to wells in the area; - the recommendations of a professional land use planner converting the aquifer findings into appropriate land uses policies and regulations to ensure the long -term sustainability of the residential development being introduced in this part of the City; and - recommendations on changes to the City's application process for unserviced residential developments. M & C — 2010 — 045 - 2 - February 12, 2010 ANALYSIS: Dillon Consulting Limited (Dillon) submitted a final report for the Hillcrest Aquifer Carrying Capacity Study to the Planning and Development Department in September of 2009. The full study has been attached for your reference, and will be discussed in summary in this report. In order to characterize the aquifer, Dillon gathered information from a variety of sources. The New Brunswick Department of Environment provided information on the region's bedrock geology from the Generalized Surficial Geology Map of New Brunswick. A door -to -door survey of 32 residents in the Greenwood Subdivision (adjacent to the study area) provided anecdotal evidence on the current quality and quantity of well water in the area, and water supply source assessments completed for recent residential subdivisions in the area provided information regarding well depth, well yield, and water chemistry. Analysis of this data led Dillon's hydrogeologist to conclude that it does not appear that there will be systemic water quality or quantity issues associated with future unserviced development in the study area. However, individual wells in the area may have water quality or quantity problems in the future depending on the bedrock and surficial geological conditions for each water well. Although the hydrogeological conclusion of this study suggests that continued development of the Loch Lomond - Hillcrest area could be supported by aquifer, Dillon does not suggest this to be sustainable for the groundwater resource or the development of the City of Saint John as a whole. In the attached report, Dillon identifies several potential long -term financial implications of unserviced residential development to the City, including large amounts of infrastructure and services (roads, snow ploughing, garbage collection) for a low density of population. In order to provide recommended planning policy changes, Dillon reviewed provincial and municipal policies and development processes in place in Halifax, Moncton and Charlottetown against current practices in Saint John. This review of best practices related to unserviced residential development revealed that Saint John appears to be the only major city in Atlantic Canada that allows and encourages unserviced residential development and that our development application fees are low in comparison to those charged by other jurisdictions. As well, the consultant identified several inconsistencies in the City's unserviced subdivision application process and reiterated Planning staff's concerns that current lot -by -lot water supply assessments may not be sufficient to ensure that the water supplies for proposed subdivisions are sustainable over the long term. Although the Provincial Departments of Environment and Health require and review water and septic system assessments, their program is targeted more 97 M & C — 2010 — 045 - 3 - February 12, 2010 toward smaller rural residential developments in the unincorporated areas of the Province, and it would be beneficial for the City to develop a "made in Saint John" system that better safeguards our interests and residents. Stemming from these findings, Dillon provided a series of recommendations in their Final Report as set out below: 1) That future potable wells in the study area be extended to a depth where the minimum yield is attained or to a total depth where the combination of in -bore storage and the estimated yield can provide the required demand. Conversely, increased storage could also be obtained with the installation of a larger diameter casing and bore. 2) That the City initiate an education and awareness mail -out campaign on residential wells and septic systems. 3) That the City not support proposed changes of land use in the study area that would permit uses that can pose significant risks to groundwater quality. 4) That the upcoming Growth Management Strategy /Municipal Plan Review include an examination of developing conditions that would discourage unserviced residential subdivision development. 5) As additional unserviced residential subdivisions are proposed in other rural areas of the City, consider undertaking a similar study to characterize the water supply in order to identify potential water quality and quantity issues related to the proposed development. 6) That the City retain the services of an individual (or firm) with qualified hydrogeologist(s) on an as- needed basis. 7) That an amendment be made to the Subdivision By -law to include the following: a. Create a new class of subdivision for Unserviced Rural Residential; b. Require a Comprehensive Water Supply Source Assessment for an application with 25 or more total lots (including all proposed phases) to be submitted to the Province and the City for review. The staff report to PAC shall include comments from the hydrogeologist retained by the City; and c. Outline an application fee for Unserviced Rural Residential subdivisions; the application fee for all other subdivisions will .; M & C — 2010 — 045 - 4 - February 12, 2010 remain at the current $200 plus $10 per lot for each lot above the tenth lot. The average cost per application to have a hydrogeologist on retainer is estimated at $1,000. Therefore, for the purposes of cost recovery, the application fee for Unserviced Rural Residential subdivision is recommended to be $1,200 plus $100 per lot for each lot above the tenth lot. 8) That the City standardize the application process for unserviced residential subdivisions with respect to the following: a. Identify when, in the process, a water supply assessment report is requested and submitted (e.g. must be submitted with the tentative plan, may be submitted after the tentative plan, may be submitted after tentative plan approval); b. Whether comments from the Province must be received prior to advancing the application (e.g. comments must be received prior to approval of tentative plan, may be received after approval of tentative but prior to Development Officer approval of final plan); Whether a necessary rezoning to "RR" Rural Residential must be done in advance of tentative subdivision plan approval or concurrently; and d. Adopting a standard template for a water quality advisory note to be placed on final subdivision plans in order to communicate potential water quality issues to homebuyers. 9) That the City initiate discussions with the Province in regards to access to geo- referenced water quality and quantity data for study purposes. FINANCIAL IMPLICATIONS: There are no financial implications with respect to the recommendation contained in this report. Should Common Council choose to implement any or all of the recommendations contained in the Study, there will be both revenue and expenditure implications. Staff would fully detail these implications in a future report containing staff's recommendations to implement the results of this Study. 9 M & C — 2010 — 045 - 5 - February 12, 2010 RECOMMENDATION: That Common Council receive and file this report and the attached Hillcrest Aquifer Carrying Capacity Study prepared by Dillon Consulting Limited. Further, it is recommended that Common Council direct the City Manager to prepare a report for Common Council outlining a plan to implement the recommendations contained within the Hillcrest Aquifer Carrying Capacity Study. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Acting City Manager SH 100 Submitted by E r.. MS .� DILLDN L SW F ✓ `/ CONSULTING } �.; ScT �r G' c D V� �l JI City of Saint John 1 _iLZ !LZC / � / LZC I/ I L CC L?C CC o r �,r LZ _ EZGH ECMA/ (. NAL REPORT 09- 1952 -1000 Table of Contents Glossary....................................................................................... ............................... Executive Summary .................................................................. ..............................1 1.0 INTRODUCTION ..................................................................... ..............................4 2.0 GEOLOGICAL BACKGROUND ......................................... ..............................6 3.0 HYDROGEOLOGICAL DATA COLLECTION AND FINDINGS ...............9 3.1 Compilation of Available Records ................................................................................ ..............................9 3.1.1 NBDENV Water Well Drilling Records ................................................... ..............................9 3.1.2 NBDENV Geochemistry Data .............................................................. ............................... 10 3.1.3 Water Supply Source Assessments ( WSSA) ................................... ............................... 10 3.2 Survey of Local Residents ............................................................................................... ............................... 13 3.3 Interviews ................................................................................................................................ ............................... 15 3.4 Hydrogeological Geographic Information System (GIS) Database Development....... 15 4.0 PLANNING DATA COLLECTION AND FINDINGS ..... .............................17 4.1 Provincial Policies Regulating Unserviced Development .............................. ............................... 17 4.1.1 Water Supply ................................................................................................ ............................... 17 4.1.2 Septic System ............................................................................................... ............................... 18 4.2 Municipal Policies Regulating Unserviced Development ............................. ............................... 19 4.2.1 Municipal Plan ............................................................................................. ............................... 19 4.2.1 Zoning By- law ............................................................................................... ............................... 19 4.2.1 Application Process .................................................................................. ............................... 20 4.3 Review of Existing and Proposed Development ................................................ ............................... 21 4.4 Best Practice Review ........................................................................................................ ............................... 24 4.4.1 Halifax Regional Municipality .............................................................. ............................... 24 4.4.2 Greater Moncton District Planning Commission ....................... ............................... 25 4.4.3 City of Charlottetown .............................................................................. ............................... 26 5.0 ANALYSIS ............................................................................... .............................27 5.1 Hydrogeological Analysis Results ............................................................................... ............................... 27 5.1.1 Water Quantity Assessment ....................................................................... ............................... 27 5.1.3 WSSA Summary ................................................................................................ ............................... 36 5.1.4 Water Quality Assessment .......................................................................... ............................... 36 5.2 Planning Analysis Results ................................................................................................... .............................40 6.0 RECOMMENDATIONS ........................................................ .............................42 6.1 Site - Specific ............................................................................................................................. .............................42 6.2 General .................................................................................................................................... ............................... 43 7.0 REFERENCES .......................................................................... .............................46 Hillcrest Aquifer Carrying Capacity Study i 102 LIST OF APPENDICES Appendix A — Survey Notification Letter and Results Appendix B — WSSA Report Summary LIST OF FIGURES Figure 1 — Site Location Map ........................................................ ............................... 5 Figure2 — Local Geology ............................................................. ............................... 8 Figure 3 — Site Location WSSA Coverage Plan ............................ ............................... 12 Figure 4 — Well Survey Locations ................................................ ............................... 14 Figure 5 — Conceptual Design Flow Diagram For GIS ................... ............................... 16 Figure 6 — Subdivision Development Summary ............................. ............................... 23 Figure 7 — Groundwater Profile Using IDW Interpolation .............. ............................... 30 Figure 8 — Groundwater Profile: Well Depths .............................. ............................... 31 Figure 9 — Well Depth Frequency Plot ......................................... ............................... 32 Figure 10 — Well Depth vs. Estimated Yield ................................. ............................... 33 Figure 1 1 — Estimated Yield Frequency Plot ................................. ............................... 35 LIST OF TABLES Table 1 — Summary of lots created in the study area since 1990 .. ............................... 22 Table 2 — Estimated Yield Distribution of GIS Database ............... ............................... 28 Hillcrest Aquifer Carrying Capacity Study 103 Glossary Aquifer — Rock or sediment that is saturated and sufficiently permeable to transmit economic quantities of water to wells and springs (Fetter, 2001,552). AWSA — Abbreviated Water Supply Assessments provide recommendations on the suitability of potential potable water wells, based on a collection and analysis of existing information on water quality and quantity. Bedrock Geology — Is the native consolidated rock underlying the surface of the earth. CDWQC — Canadian Drinking Water Quality Guidelines provide minimum standards which every water system should meet in order to deliver safe and clean drinking water (Health Canada, Canadian Drinking Water Guidelines). CWSA — Comprehensive Water Supply Assessments provide recommendations on the suitability of potential potable water wells, based on the installation of test wells and subsequent pumping tests and geochemical analysis, in addition to an analysis of existing information on water quality and quantity. EIA — Environmental Impact Assessment Fracture — Cracks or faults in rocks (Dolgoff, 1996, 595). GIS — Geographic Information Systems are database systems for the storage, mapping and analysis of geographic data. GUDI — Groundwater Under Directive Influence (of surface water) is any groundwater supply which receives part of its recharge directly from surface water. Influence Area — Influence areas are geographic zones defined by developments, which contains multiple groundwater draws sharing the same groundwater resource (aquifer). NBDENV — New Brunswick Department of Environment NBDNR — New Brunswick Department of Natural Resources Normal Estimated Yield — Normal Estimated Yield is commonly assumed by hydrogeologists to be the acceptable well yield for a residential dwelling with a modest number of residents (4 members) which requires an approximate yield of 9 Litres / minute. Well yields below this value may still sustain the requirements of the household, although it will likely be storage dependent. OWLS — Online Well Log System refers to NBDENV's online database of well log information. This information is general in nature and is not property- specific. Permeability — The capacity of a material to conduct a fluid; measured by the volume of fluid that will move through a cross - sectional area in a given period of time, subject to a given pressure difference (Dolgoff, 1996, 599). Hillcrest Aquifer Carrying Capacity Study 104 Porosity — The ratio of the open space to total volume of a subsurface material (Dolgoff, 1996, 599). RPDC — The Rural Planning District Commission is the agency which delivers planning and building inspection services to unincorporated areas of New Brunswick through the jurisdiction of the Department of Environment. RR — One Family Rural Residential zone RS -1 — One and Two Family Suburban Residential zone Storativity — The volume of water an aquifer releases from or takes into storage (Fetter, 2001, 559). Surficial Geology — Refers to those broken and weathered unconsolidated rocks and soils lying on top of the bedrock, also referred to as Quaternary geology. Transmissivity — The rate at which water is transmitted through an aquifer (Fetter, 2001, 560). WSSA — Water Supply Source Assessments are evaluations of potential water supplies to ensure they will supply a suitable long -term yield of potable water. Hillcrest Aquifer Carrying Capacity Study iv 105 Executive Summary The Loch Lomond /Hillcrest area of the City of Saint John is currently identified as appropriate for residential development in the Municipal Plan and has been developing at an increasing rate in the past few years. Recent water supply assessment studies in the area have identified concern for the long -term sustainability of the aquifer in light of on- going subdivision development. Dillon Consulting was hired by the City of Saint John to (1) characterize the aquifer to determine the potential implications of continued development on water quality and quantity (2) recommend planning policy changes to address those implications and (3) review the application and review process for unserviced residential subdivision. As described in Section 3 of this report, Dillon proposed a multi -level characterization of the region's bedrock geology using information from a variety of sources currently available through the New Brunswick Department of Environment (NBDENV) to generate a Geographic Information System (GIS) Database. NBDENV has removed property identification number, which had historically been available, from the Well Log Information database such that they can no longer be linked to an individual property. As a result, Dillon compiled a GIS database utilizing various other resources available at the time of this study. Hydrogeological findings in the report (see Section 5.1) are related to water quantity, quality and previously completed water supply source assessments. In particular, potable wells assessed have significant variability of total well depth and estimated yield which is likely associated with the occurrence, density and connectedness of water bearing fractures at a specific location. Approximately 82% of potable wells assessed produce groundwater at yields above the acceptable minimum yield. Remaining wells located within the study area do not appear to present a concern to current home owners, as they have likely been installed deep into the bedrock aquifer providing significant storage. Dillon completed a door to door survey of 32 residents located in the study area. Based on this survey, the aquifer underlying these properties currently provides sufficient groundwater quantity to the users of this densely populated section of the study area. It is likely that continued development of the area similar to that in the surveyed subdivision could be supported by the aquifer; however, Dillon does not suggest this to be sustainable for the groundwater resource. Water source supply assessments completed in the vicinity of the study area, with the exception of the Bally Desmond study suggest that there is adequate water quantity. The Bally Desmond study suggested that test well installed in the proposed development could not be identified as high yield wells. These observations are consistent with Dillon findings that well yields in the study area are dependent on the fracture density encountered at a Hillcrest Aquifer Carrying Capacity Study 1 106 specific location and for circumstances where insufficient yield is encountered that additional storage be provided. Water quality within the study area is generally observed to be good (analytical summary and those surveyed) with the majority of noted water quality related issues being associated with aesthetic parameters. There were, however, instances where exceedances to the Health based Canadian Drinking Water Quality Guidelines (CDWQG) were noted for arsenic and lead and in these cases, Dillon has suggested that further evaluation of arsenic and lead in the general area or resampling of impacted wells be considered. Planning data in the report includes a brief overview of provincial and municipal policies that are applicable to unserviced residential development, the application and review process, a review of existing and proposed development in the study area and a relevant best practice review of the processes used by the Halifax Regional Municipality, Greater Moncton District Planning Commission and City of Charlottetown. Planning issues related to unserviced residential development identified in this report (refer to Section 5.2) include: • The best practices review reveals that the City appears to be a minority in allowing and encouraging unserviced residential subdivision development and that subdivision application fees also appear to be low. • The City does not currently have a hydrogeologist on staff. • Inconsistencies were identified in the process used to receive and review applications. • Concerns have been raised by both the Province and City Planning and Development staff about water supply assessments taking place on a small scale (i.e. phase by phase) rather than a big picture approach. Based on the results of the hydrogeological analysis (refer to Section 5.1), it does not appear that there will be systemic water quality or quantity issues associated with future development in the study area. However, individual wells may have quantity or quality issues depending on conditions found at each particular well location. Additional detail on the recommendations below can be found in Section 6.0. Recommendation 1: That future potable wells in the study area be extended to a depth where the minimum yield is attained or to a total depth where the combination of in -bore storage and the estimated yield can provide the required demand. Conversely, increased storage could also be obtained with the installation of a larger diameter casing and bore. Recommendation 2: That the City initiate an education and awareness mail -out campaign on residential wells and septic systems. Recommendation 3: That the City not support proposed changes of land use in the study that would permit uses that can pose significant risk to groundwater quality. Hillcrest Aquifer Carrying Capacity Study 2 107 Recommendation 4: That the upcoming Growth Management Strategy /Municipal Plan Review include an examination of developing conditions that would discourage unserviced residential subdivision development. Recommendation 5: As additional unserviced residential subdivisions are proposed in other rural areas of the City, consider undertaking a similar study to characterize the water supply in order to identify potential water quality and quantity issues related to the proposed development. Recommendation 6: That the City retain the services of an individual (or firm with) qualified hydrogeologist(s) on an as- needed basis. Recommendation 7: That an amendment be made to the Subdivision By -law to include the following: a) Create a new class of subdivision for Unserviced Rural Residential; b) Require a Comprehensive Water Source Supply Assessment for an application with 25 or more total lots (including all proposed phases) to be submitted to the Province and the City for review. The staff report to PAC shall include comments from the hydrogeologist retained by the City; and c) Outline an application fee for Unserviced Rural Residential subdivisions; the application fee for all other subdivisions will remain at the current $200 plus $10 per lot for each lot above the tenth lot. The average cost per application to have a hydrogeologist on retainer is estimated at $1,000. Therefore, for the purposes of cost recovery, the application fee for Unserviced Rural Residential subdivision is recommended to be $1,200 plus $100 per lot for each lot above the tenth lot. Recommendation 8: That the City standardize the application process for unserviced residential subdivisions with respect to the following: a) Identify when, in the process, a water supply assessment report is requested and submitted (e.g. must be submitted with the tentative plan, may be submitted after the tentative plan, may be submitted after tentative plan approval); b) Whether comments from the Province must be received prior to advancing the application (e.g. comments must be received prior to approval of tentative plan, may be received after approval of tentative plan but prior to Development Officer approval of final plan); c) Whether a necessary rezoning to "RR" Rural Residential must be done in advance of tentative subdivision plan approval or concurrently; and d) Adopting a standard template for a water quality advisory note to be placed on final subdivision plans in order to communicate potential water quality issues to homebuyers. Recommendation 9: That the City initiate discussions with the Province in regards to access to geo- referenced water quality and quantity data for study purposes. Hillcrest Aquifer Carrying Capacity Study 108 3 1.0 INTRODUCTION Existing land use policy and regulation in the City of Saint John permits unserviced residential development in a number of locations. These policies were put in place a number of decades ago as one part of an attempt to promote development within City boundaries, as neighbouring municipalities began to experience significant growth. Other policies at the time did assist in stimulating growth but until recently, those particular unserviced area policies had no significant effect in achieving that goal. In recent years however, the pace of growth in the City has begun to increase and those policies have become effective at facilitating unserviced, residential subdivision development. Unfortunately, the results of that effectiveness have raised some concerns for the City. In addition to facilitating rural growth rather than serviced, urban growth, these policies promote growth in a manner that could have potentially negative environmental impacts for both the City and residents. The Loch Lomond/Hillcrest Road area (Figure 1) is one of the areas experiencing an increasing number of subdivision and development applications. A number of recent applications (and their associated water assessment studies prepared for the Province of New Brunswick), have raised concerns about the amount and quality of groundwater in the area. As a result of these concerns, the City engaged Dillon Consulting to determine the characteristics of the water resource and to make recommendations for appropriate changes to land use policy that will facilitate development in a manner that does not impact the sustainability of the aquifer. Hillcrest Aquifer Carrying Capacity Study 4 109 110 2.0 GEOLOGICAL BACKGROUND Based on the Generalized Surficial Geology map of New Brunswick (Rampton, 1984, 2002 Ed.), the native surficial geology of the subject area, has surficial soils which appear to be predominantly Late Wisconsinan aged galciaofluvial sediments, including loamy lodgement till, minor ablation till, minor silt, sand and gravel, loamy, lodgement, and stony till of varying thickness (0.5 - 3 metres in thickness). Field observations from logs collected within the study area had reported ranges in depth of surficial soils from 2 m to 60 m. New Brunswick (1:10,000) Topographic Mapping of the region suggests that the area has a significant number of wetland areas. Given the presence of these potential wetlands, combined with concerns associated with groundwater quality and the limited thickness of surficial material, surficial gravel (glacial deposits) or other shallow sourced groundwater supplies may not represent viable options for potable wells in the area. These types of aquifers are of particular importance in the northern parts of the United States and Canada, as they can often provide an enhanced capacity for groundwater use. Access to a clean shallow groundwater source from a glacial deposit may be possible, but consideration for the potential for Groundwater Under Direct Influence (GUDI) of surface water should be given. The aforementioned limitations for groundwater development in the shallow aquifer have led to consideration for the deeper bedrock hydrogeologic units for use as a potable water supply. The bedrock geology in the study area is complicated by its varied and numerous bedrock geologic units. The Department of Natural Resources Geological Map of New Brunswick (New Brunswick Department of Natural Resources (NBDNR), 2000) suggests that the regional bedrock geology is generally characterized by predominantly Neoproterozoic - Cambrian aged sediments and volcanics. General depth to bedrock is shallow ranging from 2 m — 9 m along an elevated ridge running southwest- northeast across the study area. Depth to bedrock increases to 9 m — 60m on the northern and southern flanks of the ridge. The regional geology is generally divided into two distinct geological groups, the Saint John Group and the Cold Brook Group with the boundary running southwest by northeast, approximately parallel with Loch Lomond Road. The Saint John Group is divided into ten similar formations mainly consisting of Early Cambrian to late Ordovician sedimentary rocks, including dark siltstones, shales and sandstones with minor limestone and metamorphic components. Outcrops of the Silverfalls formation are visible near the subject area in Lakewood Heights. The Silverfalls formation is greater than 70m thick and extends as far as 2km southwest to the Saint John city center. This formation predominantly consists of grey to black shale as also noted in select driller logs. Hillcrest Aquifer Carrying Capacity Study 6 111 The Cold Brook Group is divided into fourteen similar formations consisting mainly of Late Neoproterozoic volcanics including basalt, rhyolite and lapilli tuffs with minor sedimentary components. The Cold Brook Group can be found extensively in southern New Brunswick from the North End of Saint John to Fundy National Park. These geological groups typically have very low primary porosity and permeability. The implication of this is important as these properties have a direct influence on the transmissivity and storativity of an aquifer. Transmissivity and storativity of an aquifer are typically used as the measures of a productive aquifer for water well exploration with high values indicating subsurface materials with high porosity and permeability which typically result in productive water - bearing formations. Part of the challenge in characterizing the groundwater resource in the study area is that there is significant variation in the bedrock geology types found there (see Figure 2). Ultimately, given the bedrock geology for the region, the expectation is that individual well yields will be based on the occurrence, density and connectivity of water bearing fractures at any particular location. Consolidated rocks often have significant fractures within 100 metres of ground surface which generally decrease with depth. This typically results in more productive wells being those that are constructed in these near surface fracture zones. Unfortunately, fracture density (a measure of the relative amount of fractures located in a geologic unit at any particular density) is difficult to predict and, when estimated empirically from drillers' log information and anecdotal /qualitative information directly from homeowners on well yield, fracture density observations are qualitative at best. Generally speaking, a bedrock unit which has a higher fracture density will yield higher volumes of groundwater and be productive uniformly across a larger geographic area. As well, in most cases in these types of bedrock, the yield of water at any particular location is basically dependent on the fracture density in that location encountered by the well driller. The region does have a fault contact mapped south of the Loch Lomond Road, which separates some of the older Neoproterozoic Aged Coldbrook group from the younger Carboniferous Aged Cumberland group. This geological group does present a higher potential for productive and better quality groundwater, although this contact zone may have limited potential for development as it is located south of the study area. Hillcrest Aquifer Carrying Capacity Study 7 112 113 3.0 HYDROGEOLOGICAL DATA COLLECTION AND FINDINGS 3.1 Compilation of Available Records Specific information associated with the hydrogeological characterization of the study area would be very costly to collect and generally site specific. Given the complexities of the bedrock geology and the magnitude of the study area, Dillon proposed a multi -level characterization of the region's bedrock geology using information from a variety of sources currently available through the New Brunswick Department of Environment (NBDENV). Upon compilation, this information was used to generate an informed opinion of the hydrogeologic conditions of the study area. Further, this information was utilized to generate a geographic information system (GIS) database, which would allow for graphic interpretation of the data. 3.1.1 NBDENV Water Well Drilling Records Population of the NBDENV Domestic Water Well Database began on January 1, 1994 in conjunction with the New Brunswick Potable Water Regulation (New Brunswick Regulation 93 -203). Information from this database can be retrieved using a well tag number or PID number. Radius searches can also be conducted using the PID number or with coordinates. Well logs requested for wells drilled prior to the January 1, 1994 cut off date are often not readily available. An older well log database containing information from the mid 1970s to December 31, 2003 is available. No PID numbers, well tag numbers or civic addresses are associated with these well logs and as such many of them do not have any spatial information associated with them. Well logs associated with residences built prior to 1994 are often unavailable and as such older developments located in the study area have limited information available. Dillon proposed to collect available well logs for the study area in an effort to populate a GIS database with relevant information to this study given that the well logs referenced spatially via a PID, had historically been public record. Upon award of the Hillcrest Aquifer Characterization Study, Dillon contacted the NBDENV to access all available well logs within the study area. NBDENV has recently made efforts to make Well Logs more accessible via an online database referred to as Online Well Log System (OWLS); however, through this process spatial identifiers have been removed from these well logs, such that they can not be linked to an individual property. In order to complete this study an alternative approach was required to access this information which was to use well log information appended to published Water Supply Source Assessments (WSSA). As a result, well log information required for this study was obtained through historical documentation within existing WSSA Reports. Fortunately, a requirement of these reports is inclusion of available well logs located within 1 kilometre radius of the study area and Dillon collected information on well logs from these reports in order to Hillcrest Aquifer Carrying Capacity Study 9 114 compile a GIS database with considerable, although not complete, coverage of hydrogeological information for the study area. 3.1.2 NBDENV Geochemistry Data The NBDENV maintains records of analytical results compiled for geochemical testing that is completed on most newly installed wells. This information, although available by request from the NBDENV was not provided with any spatial reference as minimum informational requirements are mandated by the NBDENV in order to protect the privacy of individual potable well owners. The database of geochemical results has also been populated by wells completed after January 1, 1994, again in conjunction with the New Brunswick Potable Water Regulation. The associated limitations of the data available from NBDENV with respect to the well logs discussed in Section 3.1.1, also apply to geochemical results. Dillon met with the NBDENV on July 28th, 2009 in an additional effort to retrieve as much relevant geochemical information as possible to better characterize potential trends observed in the study area. Information obtained as a result of these meetings has not been compiled for the supplied database, due to the above noted Provincial restrictions in spatial references. However, NBDENV is interested in supporting this study and is investigating a mechanism whereby spatial information can be released. As a result Dillon may gain access to spatially characterized geochemical information pending approval from the NBDENV policy group. The timing of this approval process is not known. In the event this information is made available Dillon will consult with the City to assess the merit of incorporating it into this report. 3.1.3 Water Supply Source Assessments (WSSA) Both comprehensive and abbreviated WSSA are completed to gather information to determine if there is a high probability for adequate groundwater quantity and groundwater quality to be supplied from drilled groundwater wells in a proposed development. WSSA completion requirements are defined in the Rural Planning District Commission's (RPDC) Water Supply Assessment Guidelines of August 1998 (Revised April 2009) document. The intent of the document is to assist the planning authority with reviews of subdivision plans. Specifically, an Abbreviated Water Supply Assessment (AWSA) is required for a subdivision that would create 10 or more lots, whereas a Comprehensive Water Supply Assessment (CWSA) is required for a subdivision that would create 25 or more lots. In areas that are under the Royal District Planning Commission (south - central part of the province) an AWSA is required for 5 or more lots due to the complicated geology in the area and a potential for karst features (M. Gillis, Personal Communication, July 7, 2009). Hillcrest Aquifer Carrying Capacity Study 10 115 The Rural Planning District Commission (2009) advise that AWSA should be completed by a qualified hydrogeologist or a qualified professional engineer with training in groundwater science, with recommendations based on the following: i. A site visit; ii. discussions of the proposal with local well contractors; iii. review of DENY publications on groundwater potential (e.g., existing yield test studies produced by the Province); iv. assessment of local geology and soils information; v. development of property maps for lands considered to be within the influence area or supplied with water from the same groundwater resource; vi. determine if there are, or have been, uses in the assumed groundwater vii. influence area that may contaminate groundwater resources; viii. determine if there are uses in the assumed groundwater influence area that draw large quantities of water; ix. examine nearby water wells and DENV water well records for water quality or quantity concerns, and for well design or construction abnormalities (well depth, casing length, low static water level, etc.); x. examine available groundwater studies and /or literature on the area; and xi. Consultant's own familiarity with the area. CWSA requirements are similar to those of the AWSA requirements defined above, with the addition of minimum requirements on the installation of test wells and requirements with respect to subsequent pumping tests and geochemical analysis. Dillon collected available abbreviated and comprehensive WSSA reports for assessments completed in proximity to the study area. The WSSA reviewed by Dillon as part of the hydrogeological study included: • AWSA Loch Lomond Hachey Subdivision • AWSA Emerald Lake Estates • AWSA Hillcrest Heights North Subdivision • AWSA Fundy Bay Subdivision • AWSA Proposed Little River Estates, Phase I • CWSA Latimore Estates Subdivision, Phase III • CWSA Bally Desmond Subdivision, Phase II, Stage I Locations of the respective subdivisions identified above, as well as the 1 kilometre radial distance of available well logs utilized in the GIS database are illustrated on Figure 3. Hillcrest Aquifer Carrying Capacity Study 116 I MERALD LAKE ESTATES I I FUNDY BAY SUBDIVISION 1 \ L� I LOCH LOMOND ROAD SUBDIVISION I HILLCREST HEIGHTS SITE LOCATION MAP LEGEND STUDY SITE BALLY DESMOND SUBDIVISION O 1 KM RADIAL DISTANCE \ I LITTLE RIVER ESTATES I \ �I LATIMER ESTATES PHASE III / TITLE PROJECT No. SITE LOCATION WSSA COVERAGE PLAN 09 -1952 DILL ®N CONSULTING PROJECT HILLCREST AQUIFER CAPACITY STUDY FIGURE No. DATE SAINT JOHN, NB 3 SEPTEMBER 2009 CITY OF SAINT JOHN 3.2 Survey of Local Residents As previously indicated the NBDENV Well Log and Geochemical database has been populated since the New Brunswick Potable Water Regulation was implemented January 1, 1994. Subdivisions developed prior to this time are likely to have limited information with respect to well logs and geochemical information. As a result, Dillon proposed and completed a door -to -door survey to obtain additional information on water quantity and quality. This survey (a sample questionnaire has been included in Appendix A) took place in the residential development located on Greenwood Road (off of Loch Lomond) which is one of the older subdivision developments in the subject area and has relatively small lot sizes. Dillon selected this area for two reasons: (1) As an older subdivision, developed prior to 1994, long -time residents of this area were more likely to be familiar with any water quality or quantity - related issues that may exist and of which there would currently be no record and (2) given the small existing lot sizes, this survey provided valuable insight to potential water quality and quantity related issues in an area with this type of density (the highest in the study area). Dillon completed the door to door survey on June 9th, 2009. A notification letter (a copy of the letter is presented in Appendix A) was mailed by the City of Saint John to residents located on Asied Street, Greenwood Street, Loch Lomond Road, Mallette Road, Maureen Avenue, Sharon Avenue, Shelia Street and Karen Street. In addition to providing information to residents about the project and the survey, the letter also encouraged residents to contact Dillon if they missed the survey but were interested in providing information. Domestic well information obtained through the survey provided additional coverage of the study area. Information regarding the construction details of the individual potable wells, as well as any point of use treatment systems was determined. Dillon was able to conduct surveys with approximately 32 homes in the subdivision area, which represents a significant sample size of the population. Properties with which Dillon was able to conduct interviews with are presented on Figure 4. Data from the survey is also presented in Appendix A. Hillcrest Aquifer Carrying Capacity Study 118 13 0 0 0 0 0 O O O O O POIN krip" o� y O O w C O O O O �r �' °G O O � 7� °o d e�` ante O o 0 xu 119 i IIWF- je 04A, kF4 Figure 4: Well Survey Locations Hillcrest Aquifer, Saint John, NB. Map Elements O Well Survey Locations Property Boundaries Study Site W N +E S 0 0.05 0.1 0.15 0.2 Km Project Name: Hillcrest Aquifer Capacity Study DILLUN Map Created By. CRM Map Checked By: RCD CONSULTING Date Created: 07/13/09 Date Modified: 09/01/09 Source: City of Saint John 3.3 Interviews Dillon consulted with local well drilling contractors experienced in drilling potable wells in the study area. It was their opinion that potable wells are often very deep with typically low yields, which supports the preliminary view that well yields are variable and that higher well yields would typically be associated with greater water bearing fracture densities. Dillon also consulted with Mallory Gillis (NBDENV Hydrogeologist) during two separate meetings conducted on June 18'", 2009 and July 28'", 2009. Mallory Gillis is one of the NBDENV hydrogeologists responsible for the review of WSSA for the Saint John Region. Ms. Gillis provided insight into available WSSA for the Hillcrest Area, beyond the original documents provided by the City. These surveys were integral in providing additional coverage of the study area. Additionally, Ms. Gillis provided support in our effort to retrieve spatially referenced geochemical information for the study area by providing Dillon with the opportunity to meet with the GIS group at the NBDENV. The interest and co- operation of the NBDENV is acknowledged. 3.4 Hydrogeological Geographic Information System (GIS) Database Development A spreadsheet summarizing hydrogeological information provided via the above noted information sources was developed for usage in the GIS. A conceptual model illustrating how the GIS was developed is presented in Figure 5. GIS information compiled for this database, where available, included well tag information, PID numbers, date of well completion, depth of casing, total well depth, bedrock depth, estimated safe yield, water bearing fracture depths and water bearing fracture flow rates. GIS layouts produced for this report highlight the study area. The study site's geographic extents are approximately 2541 290.82E — 2545667.31 E by 7370967.95N — 7367551.49N and represent an area of approximately l Okm2 in size. All layouts were projected using national grids referenced to the North American Datum of 1983 (NAD83), Canadian Spatial Reference System (CSRS), New Brunswick Stereographic. This projection was used in accordance with the Surveys Act, which declared that NAD83 CSRS is to be the official reference system used for the province. The chosen projection was selected as it maintains a conformal mapping plane and preserves angles when mapped onto the plane surface. Inverse Distance Weighting was used for interpolation purposes. A variable search radius using 9 observations was used to represent approximately 10% of all observations. Any layout that was created using proportional symbols was done so for approximation purposes only. The proportional symbols were not used to represent accurate orders of magnitude between observations. ArcMap 9.3 was the GIS software Hillcrest Aquifer Carrying Capacity Study 120 that was used during the duration of the project. ArcMap is a desktop software package developed by ESRI. GIS data was provided to Dillon from the City of Saint John's GIS department. Figure 5 — Conceptual Design Flow Diagram For GIS NBDENV Records Well Driller Logs jNo Spatial Referencey °Geochemlcal 0ta (No Spatial Reference NBDENV Records 'r Well Driller logs ($pallally Referenced) Rural Planning Water Supply Dlstrrct Sou rce Comm'isslon Assessments Geochemical Data (Spatially Referenced] Door to Door Survey Irsteruiem * Dillon is currently+ awaiting approval from the NBDENV policy group for use of spatially referenced Geochemksl Mapping. Hillcrest Aquifer Carrying Capacity Study 121 0 4.0 PLANNING DATA COLLECTION AND FINDINGS 4.1 Provincial Policies Regulating Unserviced Development 4.1.1 Water Supply Tentative subdivision plans must meet the requirements of Section 49 of the New Brunswick Community Planning Act which requires that tentative subdivision plans "shall show the nature of domestic water supplies ". This section of the Community Planning Act gives the Development Officer the jurisdiction to request information from developers regarding well water, to seek advice on that information and to make decisions based on that information. The Province (through the Rural District Planning Commission) has developed a series of guidelines for the review of subdivisions serviced by individual wells. Although the guidelines are intended to assist Planning Commissions in the review of subdivision plans, the City refers to these guidelines on a regular basis. The guidelines have a number of objectives including: • To provide consistency in the review process; • To provide technical and administrative guidance to development officers and developers; • To identify the level of technical information necessary for conducting water supply assessments; • To ensure a high probability that future owners of homes and lots will obtain adequate water supply of suitable quality and quantity for domestic consumption; and • To ensure a high probability that drinking water supplies for existing development will not be adversely affected by future development. The guidelines identify two types of water supply assessments (abbreviated or comprehensive) which must be completed under the direct supervision of a qualified hydrogeologist. A completed report, along with the tentative subdivision plan, is submitted to the appropriate planning authority. The planning authority, in consultation with the Departments of Environment and Health, will check the report for conformity with the requirements set out in the guidelines. Dillon interviewed Mallory Gillis, a hydrogeologist working with the NBDENV, to discuss the Province's role in assessing water quality and quantity for proposed unserviced subdivisions. Ms. Gillis reviews all of the Water Supply Assessment Reports which are submitted to the Province by municipalities. Some municipalities submit several reports per year for review, some submit only a few and others submit none. Hillcrest Aquifer Carrying Capacity Study 17 122 Reviewing an abbreviated report typically takes one to two weeks and reviewing a comprehensive report takes between two and three weeks. However, during summer months when the majority of reports are submitted, a backlog of 3 to b months can develop. Through the Department of Environment, the Province will provide the municipality with a recommendation (that may include suggested conditions of approval) but ultimately the municipality has jurisdiction to approve or deny an application. The Department of Environment does not track which recommendations are accepted by municipalities. In reviewing water supply assessment reports, the Province is concerned about limiting potential risks for future homeowners. Of primary concern is that the water supply is often assessed at a small scale (on a development by development basis), rather than from a broader perspective. Although there is almost always a way of mitigating risks associated with water quality or quantity on a site - specific scale (e.g. storage tanks or treatment systems), some of these issues can be a significant concern on a larger scale. In other words, the large scale implications of unserviced development on water quality and quantity in incorporated areas are not being considered. This is in contrast to unserviced residential subdivisions developed in unincorporated areas, where an Environmental Impact Assessment (EIA) is required for all major residential developments of more than 50 lots or an area of greater than 40 hectares (approximately 100 acres). An EIA is a comprehensive process that considers water, wetland and wildlife, etc. This process allows for more detailed analysis, requiring a more comprehensive standard of water assessment (e.g. longer and more pumping tests). Although the Province, through their recommendations and conditions, identify risks for potential home owners, there is a concern that these risks are not being adequately communicated to buyers. For example, in some cases water quantity risks may be described on an approved subdivision plan, but that provides no guarantee that a potential buyer has read and understood this potential risk. 4.1.2 Septic System Septic systems are regulated under the Health Act (New Brunswick Regulation 88 -200) and approved by the Department of Health. The Provincial requirements for septic approval are a minimum lot size of 4,000 square metres (1 acre), a minimum width of 54 metres (177 feet) and a depth of at least 38 metres (1 25 feet). If municipal lot standards are greater than 4,000 square metres the Province will only approve septic systems on lots which meet the municipal standards. Percolation tests are also conducted by the Province to ensure lots have suitable soil for on -site septic systems. Hillcrest Aquifer Carrying Capacity Study 123 18 4.2 Municipal Policies Regulating Unserviced Development 4.2.1 Municipal Plan The Municipal Plan designates the study area as Unserviced Development, a designation which allows Rural Residential subdivisions to be developed with on -site well and septic systems. These developments are intended to be low- density, residential subdivisions which are physically separated from existing urban developments. They are provided with minimal or no urban servicing; on -site servicing is meant to be a permanent feature of this type of development. Section 2.4.4.13 h) of the Municipal Plan requires all rural residential subdivisions to have "an independent private sewage disposal system and water supply for each lot acceptable to the [Provincial] Department of Health and the City of Saint John." In practice the Department of Health reviews only the septic system and the Department of Environment reviews private wells. The City of Saint John Municipal Plan adopted in 1973 was designed to be able to accommodate extensive potential development that was anticipated as a result of the Federal Government's "Growth Centre" policies. That Plan envisioned that a much larger area of the City would be serviced; however, the Federal Government did not implement its Growth Centre Strategy and a slower pace of development resulted in much of the future land to be serviced remaining undeveloped. To reflect this reality, the Municipal Plan was amended in 1985 to reduce "staged" or future service areas to their current boundaries in order to avoid major extensions of city services in the future. It should be noted that the total area of the City is extensive (315 square kilometres) and the size of the original staged area for services was estimated to accommodate a population of 125,000 based on current land use and zoning policies. Given a former maximum population of approximately 90,000 and a current population of less than 70,000, this was seen as a prudent provision. Staged areas in the Municipal Plan are identified as either Stage 1 (land that either already is or will be connected to City services when developed) or Stage 2 (land that should be connected to City services when developed, but that can only be developed after nearby Stage 1 lands have been developed). Any development outside the Stage 1 or 2 areas must be provided with on -site water and sewer services. The City has no plans to extend central servicing into the study area; on -site servicing is intended to be a permanent feature of development in unserviced areas. 4.2.1 Zoning By -law The City also created the "RR" One Family Rural Residential zone in 1985 to facilitate the creation of rural residential subdivisions in the Unserviced Development and Rural designations. A rezoning to "RR" is required for any unserviced subdivision requiring a new public street. The "RR" zone requires a minimum lot size of 5,000 square metres Hillcrest Aquifer Carrying Capacity Study 19 124 (approximately 1.25 acres), which is larger than the provincial minimum lot size of 4,000 square metres (1 acre) required for septic approval. There are two main reasons for this larger minimum lot size: there is very little topsoil in the Saint John area so a larger lot size is advisable for septic systems; and the larger lot size encourages "estate- style" subdivisions with larger houses on larger lots, which are popular in the current housing market. The "RS -1" One and Two Family Suburban Residential zone also allows unserviced development; 4,000 square metres is the minimum lot size in the "RS -1 "zone for a one - family development and 5,400 square metres (1.3 acres) is the minimum lot size for a two - family development. 4.2.1 Application Process Dillon interviewed Mark O'Hearn and Randy Pollock from the City of Saint John Planning and Development Department to discuss the application process for unserviced developments. The City's application process is the same for serviced and unserviced subdivisions. The subdivision fee is $200, plus $10 per lot for each lot above the tenth lot. A rezoning fee of $400 is charged when rezoning to the "RR" Rural Residential zone that is required to facilitate development of a rural subdivision. Applicants submit a tentative subdivision plan (along with a rezoning application if necessary) to the City's Planning Department, who circulate the application to municipal and provincial departments for review. The City's Municipal Operations and Engineering Department reviews road standards and storm water management, the Provincial Department of Health approves septic systems and the Department of Environment reviews groundwater quantity and quality for proposed wells, watercourse buffers and wetland buffers. At some point during the application review process, the City requests that the applicant complete a water supply assessment report. Upon receipt of this report, City planning staff review the executive summary before requesting comments on the report from the Province. The City does not have employees with the expertise to review the water assessments and therefore relies on Provincial comments to judge the suitability of wells in proposed subdivisions. Although the municipality has authority over whether or not a proposed development will proceed due to potential concerns about water, it should be noted that to -date the Planning Department has not recommended approval of a subdivision when the Province has suggested that the proposed private wells may not have appropriate water quantity or quality. However, Planning Department staff indicate that comments received from the Province can be ambiguous on occasion and present a challenge for interpretation, particularly with no hydrogeologist or other experienced person on staff to assist with interpretation. It addition, it can also be challenging at times for the City to determine whether an abbreviated or comprehensive water supply assessment would be more appropriate for a particular application. Although the process described above is generally followed for most applications, some inconsistencies have been noted. For example, water supply assessments have been Hillcrest Aquifer Carrying Capacity Study 125 20 requested and completed at different times in the process for different applications. There is currently no City policy stipulating that water supply assessments must be completed prior to re- zoning to "RR" in order to undertake a rural residential subdivision. Common Council has approved re- zonings to "RR" prior to a water supply assessment being undertaken. The cost of a water assessment can be significant and applicants are hesitant to incur that expense without some prior approvals from the City. The position of the Planning Department has been that rezoning provides a public process whereby concerns of neighbouring residents may be heard prior to dealing with technical issues associated with on -site servicing during the subdivision process. A second example of inconsistencies is how the City chooses to process applications prior to receiving comments from the Province on the water supply assessment. The City has moved forward with rural subdivision applications prior to receipt of comments from the Province, although typically third reading of Council is withheld pending comments from the Province. In some cases it may take up to six months to receive comments on the water assessments, particularly during busier summer months when the majority of assessments are done. This can be problematic for the City as the Community Planning Act requires that third reading must be given by Council within six months of when the rezoning application is first publicly advertised. Applicants have been obliged to reapply as a result of the water supply assessment not being completed or comments from the Province not being received within the six month time limit. 4.3 Review of Existing and Proposed Development Development in the area is serviced by private on -site wells and septic systems, with the exception of a small portion of the Greenwood subdivision which has shared services. Figure 6 identifies the following types of subdivision development in the study area: • Existing subdivisions are those subdivisions that are already built -out (approximately 350 lots); • Approved subdivisions are those that have received approval from the City of Saint John; some of these subdivisions are currently under construction (approximately 80 lots); • Proposed subdivisions are those for which a tentative subdivision plan has been submitted to the City of Saint John (approximately 60 lots). It should be noted that some of these subdivisions (e.g. Hachey subdivision) may not move forward due to Provincial concerns unrelated to water or septic systems • Potential subdivisions are future phases of existing or proposed subdivisions for which no plans have yet been submitted to the City. Based on the size of these potential subdivisions there are approximately 60 potential lots in the study area. There are several undeveloped pieces of land which have additional potential for lot creation in the future. Hillcrest Aquifer Carrying Capacity Study 126 21 Older subdivisions in the study area (Greenwood and the subdivision off Spring Garden Road) date from the early 1970s. Lots in these subdivisions average 1,500 square metres (0.3 acres) in area, which was the minimum lot size required by the Province for approval of on -site septic systems, before 1977 when the standard was increased to 4,000 square metres (1 acre). Unserviced lots created after 1977 are a minimum of 4,000 square metres (1 acre). Lots in the "RR" zone (created in 1985) generally meet this zone's minimum lot requirement of 5,000 square metres (1.25 acres), although variances have been granted to allow 4,000 square metre lots (1 acre) in some cases. In addition to increasing lot sizes for the reasons described above, two other notable trends emerge upon review of the existing subdivision developments in the study area: the pace of development is increasing and the size of proposed developments is also increasing, as shown in Table 1. Approximately 50 lots were created in the Secord Subdivision, the MacDonald Subdivision and the Sunrise Park Subdivision during the 1990s. Between 2003 and 2006 approximately 50 lots were created in the area, primarily in Little River Estates and Hillcrest Heights. In 2008 alone, 61 lots were approved in two phases of the Bally Desmond Subdivision, the Simpco Subdivision, the Secord Subdivision and the first phase of Hillcrest Heights North. The largest development yet proposed in the area was the Bally Desmond Subdivision; in August of 2007 the applicant proposed to create 89 unserviced residential lots. The application was denied, and the applicant is moving forward in several smaller phases; however, the Bally Desmond Subdivision application was twice as large as Hillcrest Heights, the largest subdivision recently constructed in the area. There are also several large, undeveloped parcels within the study area that could potentially be subdivided for development. Table 1 — Summary of lots created in the study area since 1990. Time Period Approximate Number of Lots Subdivisions Created Created 1990-2000 50 Secord, MacDonald, Sunrise Park 2003-2006 50 Little River Estates, Hillcrest Heights 2008 60 Bally Desmond (Phase 1 &2), Simpco, Secord, Hillcrest Heights North Hillcrest Aquifer Carrying Capacity Study 22 127 9 • ;t� Figure 6: '1�� i� -.•.•- ;i- i s a"'LL1 a� �, JAI _ L Subdivision 4 � Development Summary: 1 _ Hillcrest Aquifer, Saint John, NB. 41 -Y _ i$ � r t Map Elements `Y Property Boundaries A."� � Streets '' �'• �€�e�� 6� 5 ?�-aa° •�'JS \'�,'��q� l�„I.'+ ��: � q� Mli ,S�r+� Study A 5 �• L Subdivision Development Status - L o�r� a . r� Y ' � .n .$ �y /... 7-1 ;.L•� \ \` Approved w. Proposed Potential 4 '..,x, �, '9e \� i,� +i�1 •'r '0 1 .fir # ,,• 44, �' r 's.�� . MIN o- 1 r �• • •• • .•• • -• •• • .•• • • ••• •• • • 1 1 - • 1 0.25 0.5 1 • • •• • • • ••• -• • ' • .•• • -• •' Km • • •• • • • .•• • -• 11' • 1 • • •- '• .•• • -• • • • • .•• • 1 • Project Name: Hillcrest Aquifer • • •• • • • .•• • -• 11' Capacity Study DILLJON 1• .•• • ••• • .•• • • ••• •• • •• • • .•• • Date x ,, • • • • .•• • -• ••• • .•• • • • -- 09/0 1/09 Source: City of Saint John 128 4.4 Best Practice Review 4.4.1 Halifax Regional Municipality Dillon interviewed Julie McLennan, a Planning Technician with Halifax Regional Municipality, regarding the approval process for unserviced developments in the HRM. HRM requires all unserviced subdivisions of greater than eight lots to undergo a hydrogeological assessment. These subdivisions are approved through the development agreement process. Hydrogeological assessments for wells are the responsibility of the developers and are carried out by private consultants. Results of the assessments are reviewed in- house. The approval process for unserviced development requires the Nova Scotia Department of Environment (Health Services Branch) to review lot sizes and soil types for septic suitability. HRM engineering also reviews septic systems. There is no difference in cost for an unserviced subdivision application compared to a serviced subdivision. HRM has several different Land -Use By -laws, each with different standards for unserviced lots. Lot size depends on servicing and suitability for septic as determined by the Province. Neither HRM's Municipal Planning Strategies nor its Zoning By -laws have specific policies to protect groundwater; most policies are designed to protect surface water, such as the requirement to maintain a twenty metre riparian buffer. HRM's Regional Municipal Plan allows the Municipality to consider large -scale unserviced subdivisions only through development agreement, if the subdivision is an open space design concept which leaves a significant portion of the site undisturbed. The Municipal Plan requires that HRM consider appropriateness of groundwater supply, as analyzed by a hydrogeological assessment, when approving these types of developments. Two types of open space subdivisions are considered by HRM. The first type consists entirely of private lots with private on -site services; development densities for these subdivisions are limited to 1 unit per hectare. In the second type of subdivision, at least sixty percent of the land is held in common under a condominium form of ownership. This land is left undisturbed and available for a combined septic system. The subdivision approval process in HRM is a multi -stage process. No fees are charged for the initial stage, in which a sketch of the proposed subdivision may be submitted to Municipal staff for comment prior to proceeding beyond the preliminary stage. Submissions beyond this point require a subdivision plan prepared by a surveyor. A concept plan is then submitted if new roads will be constructed in the subdivision. A tentative plan must be submitted for approval, showing servicing and schematics for new streets. Final subdivision approval is only given after construction of roads and servicing (if applicable) has been reviewed by HRM and found satisfactory. Fees are $250 for concept plan approval, $250 for tentative subdivision plan approval and as follows for Hillcrest Aquifer Carrying Capacity Study 129 24 final subdivision plan approval: $250 for up to ten lots; $500 for up to twenty lots; $1,000 for up to 50 lots; and $1,500 for over 50 lots. 4.4.2 Greater Moncton District Planning Commission Dillon interviewed Gordon Locke, the Manager of Subdivision Approval for the Greater Moncton Planning District Commission, regarding the approval process for unserviced developments in Greater Moncton. Unserviced development is almost non - existent in urban areas of Greater Moncton. Moncton, Dieppe and Riverview all require a minimum lot size of 5 acres for unserviced development, a virtual prohibition which makes unserviced development impractical. To protect their drinking water reservoir, the City of Moncton does have watershed protection areas zoned "WS1" Watershed Zone which requires a 50 acre minimum lot size. In unincorporated areas of the District unserviced development is allowed, provided lots receive septic approval from the Provincial Department of Health and are at least one acre, as required by the Provincial Subdivision Regulation, which regulates subdivision in unincorporated areas and rural communities without Subdivision By -laws. The Provincial Department of Environment reviews subdivisions for watercourse and wetland buffers, in addition to reviewing water supply assessments to ensure groundwater quality and quantity for proposed domestic wells. Although there is no official Planning Commission policy in place, the Commission relies on the Provincial Water Supply Assessment Guidelines to determine whether a comprehensive, abbreviated or any water supply assessment is required for a particular subdivision. Recommendations provided by the Province are simply recommendations; however, the Commission does not ignore or contradict the advice given by the Province as it does not have employees with the expertise to review or comment on the reports. A common condition of approval recommended by the Province and put in place by the Commission is that homeowners be made aware that treatment systems may be required for drinking water to meet guidelines. Typically, this condition includes a requirement that this warning be placed on the approved subdivision plan. In addition, the date of the water assessment and contact information of the professional who prepared it is also made available to potential buyers. The goal is to have a transparent process providing information to potential buyers. In the unincorporated areas the fees for subdivision approval are standardized by the Provincial Subdivision Regulation at $500 plus $50 per lot for subdivisions which require new roads (Type II subdivisions) and $250 plus $25 per lot for subdivisions which do not require new roads (Type 1 subdivisions). The fees were recently raised to cover the cost of planning at the District Commissions. Hillcrest Aquifer Carrying Capacity Study 25 130 4.4.3 City of Charlottetown Dillon interviewed Laurel Palmer- Thompson, a Planning and Development Officer with the City of Charlottetown, regarding unserviced developments in the City. The City of Charlottetown requires that all new development be connected to services, which are available throughout most of the City. In very rare cases, where a proposed subdivision is very far from existing servicing, property owners are given approval from Charlottetown's Director of Public Services to have on -site servicing. They must agree to connect to Municipal services if they are extended to their area. This type of approval is exceedingly rare; only a handful of lots have been created this way in the last five years. The City of Charlottetown's subdivision fee is $200 plus $20 for every lot over three. The City has no policies relating to groundwater protection as their water supply is outside the City limits. In Prince Edward Island, some subdivisions in unincorporated areas are being required to install central servicing rather than individual wells and septic systems. This approach is an attempt to address some of the issues associated with traditional on- site servicing. Hillcrest Aquifer Carrying Capacity Study 131 26 5.0 ANALYSIS 5.1 Hydrogeological Analysis Results The hydrogeological assessment with respect to this study was limited to a desktop analysis of compiled information identified in Section 3.0 of this report. Potable wells assessed have significant variability of total well depth and estimated yield which is likely associated with the occurrence, density and connectedness of water bearing fractures at a specific location. Approximately 82% of potable wells assessed produce groundwater at yields above the acceptable minimum yield. Remaining wells located within the study area do not appear to present a concern to the current home owners, as they have likely been installed deep into the bedrock aquifer providing significant storage. Dillon completed a door to door survey of 32 residents located in the study area. The aquifer underlying these properties currently provides sufficient groundwater quantity to the users of the most densely populated section of the study area. It is likely that continued development of the area similar to that in the surveyed subdivision could be supported by the aquifer, however Dillon does not suggest this to be sustainable for the groundwater resource. WSSAs completed in the vicinity of the study area, with the exception of the Bally Desmond study, suggest that there is adequate water quantity. The Bally Desmond CWSA suggested that test wells installed in the proposed development could not be identified as high yield wells. These observations are consistent with Dillon findings that well yields in the study area are dependent on the fracture density encountered at a specific location and for circumstances where insufficient yield is encountered that additional storage be provided. Water quality within the study area is generally observed to be good (analytical summary and those surveyed) with the majority of noted water quality related issues being associated with aesthetic parameters including iron and manganese; turbidity; hardness; chloride; copper; and zinc. There were, however, several instances where exceedances to the Health based CDWQG were noted for arsenic and lead. Additionally bacteria (the presence of total coliforms) have been detected for several water sources. A summary of the details compiled from this desktop analysis are described in further detail below. 5.1.1 Water Quantity Assessment As indicated in Section 3.0 of this report Dillon proposed a multi -level characterization of the region's bedrock geology using information from a variety of sources currently available through the New Brunswick Department of Environment (NBDENV). The Hillcrest Aquifer Carrying Capacity Study 27 132 information obtained from this data compilation, specifically the well drillers logs and the door to door surveys were incorporated into a GIS database. This database was utilized to evaluate spatial trends identified with respect to groundwater quantity in the study area. There were limited trends observed with respect to estimated yields and attributable spatial variation within the study area. Of the 1 14 well logs utilized to generate the GIS database for this study approximately 93 wells yield water at rates higher then the minimum acceptable yield of 9.1 L /minute. Table 2 presents the distribution of the estimated yields observed for the GIS database. Further discussion of the distribution of yields in the study area is discussed below. Table 2 — Estimated Yield Distribution of GIS Database Estimated Yield (L /minute) Number of Wells Observed in Study Area 0-9.1 21 9.1 —22.7 51 22.7-159.1 42 Further evidence of the limited trends observed with respect to water quantity was observed upon review of Figure 7, which presents an inverse distance weighting interpolation (IDW) of estimated yields for the potable wells located in the study area. There is a group of relatively high yielding wells located along the southern and eastern boundaries of the study area. However, these wells may not be installed sufficiently into the bedrock. There are examples of some wells in the area being installed within the shallow surficial soils (as indicated from residents interviewed during the survey). Shallow wells constructed in the productive surficial soil could result in high yielding wells, however given the significant wetland areas in the region there is a strong potential for the quality of this resource to be susceptible to bacterial contamination. Figure 8 illustrates the total depth of each of the potable well records collected. Potable wells located within the study area have significant variability of total well depth which is likely associated with the estimated yields and water bearing fractures encountered rather than spatial variability of bedrock. These estimated yields are a product of the occurrence, density and connectedness of fractures at a specific location. Figure 9 presents a frequency distribution plot of total well depths located within the study area. As evidenced from this plot, there are some potential outliers representing high yielding shallow potable wells or low yielding deep potable wells, however the overall population is representative of varied fracture frequency and depth. Hillcrest Aquifer Carrying Capacity Study 133 28 Figure 10 presents well depth versus estimated yields. This figure illustrates that wells drilled to total depths of 60 m or less are more likely to result in higher capacity wells (20 L/minute or higher) than those drilled deeper into the bedrock. This observation is as expected as potable wells are typically drilled to the minimum depth necessary to produce an acceptable amount of water or to provide an acceptable level of in -bore water storage and productivity of wells generally decrease with increasing depth. Consolidated bedrock often exhibit fractures within 100 metres of the surface. Hillcrest Aquifer Carrying Capacity Study 134 29 1 0 kwad, ME RUA Elements o Groundwater Wells S Property Boundaries 0 0.2 Streets 0.6 0.8 Study Site Estimated Well Yield Value High : 227.3 Project Name: Hillcrest Aquifer Capacity Study DII1.rJN Map Created By: CRM Map Checked By: RCD r � Date Created: 07/13/09 Date Modified: 09/01/09 Source: City of Saint John .. • J� �x4 "IT,�ry I L• I� ��. l � �I1� I.. v 135 0 Figure 7: Groundwater Profile Using IDW Interpolation: Hillcrest Aquifer, Saint John, NB. Map Elements o Groundwater Wells S Property Boundaries 0 0.2 Streets 0.6 0.8 Study Site Estimated Well Yield Value High : 227.3 Low: 4.5 W N +E S 0 0.2 0.4 0.6 0.8 Km Project Name: Hillcrest Aquifer Capacity Study DII1.rJN Map Created By: CRM Map Checked By: RCD CONSULTING Date Created: 07/13/09 Date Modified: 09/01/09 Source: City of Saint John 136 Figure 9 - Well Depth Frequency Plot 25 ■ Frequency 20 15 - 10 w 5 Lj 0 Well Depth (metres) Hillcrest Aquifer Carrying Capacity Study 137 32 180 160 140 120 .� 100 y 80 60 40 w 20 0 Figure 10 - Well Depth vs. Estimated Yield 0 20 40 60 80 100 120 140 160 180 200 Hillcrest Aquifer Carrying Capacity Study Well Depth (metres) 138 33 ♦ ♦ ♦ ♦ ♦♦ ♦ ♦ ♦♦ ♦ ♦ 0 20 40 60 80 100 120 140 160 180 200 Hillcrest Aquifer Carrying Capacity Study Well Depth (metres) 138 33 Dillon completed a door to door survey of 32 residents located in the study area. Dillon selected this area because as an older subdivision, developed prior to 1994, long -time residents of this area were more likely to be familiar with any water quality or quantity - related issues that may exist and of which there would currently be no record and given the small existing lot sizes, this survey provided valuable insight to potential water quality and quantity related issues in an area with this type of density. Of the residents surveyed no one indicated groundwater quantity issues beyond minor concerns associated with future development in the area. This "worst case scenario" for residential property density identified no complaints of groundwater quantity issues. The aquifer underlying these properties currently provides sufficient groundwater quantity to the users of this densely populated subdivision. It is likely that continued development of the area similar to that in the surveyed subdivision could be supported by the aquifer; however, Dillon does not suggest this to be sustainable for the groundwater resource. Hillcrest Aquifer Carrying Capacity Study 139 34 Figure 11 - Estimated Yield Frequency Plot 18 16 14 12 - c� y 10 - 8 � 6 4 2_ O N M 4�6 01 1; M vi 00 O Nkr� t-: r4 `O Okr� 4 00 O M `O 01 � Estimated Yield (L /minute) Hillcrest Aquifer Carrying Capacity Study 140 35 5.1.3 WSSA Summary Dillon reviewed AWSA and CWSA provided by the City that were located in proximity to the study area and identified in Section 3.1.3 of this report. The intent of these reports is to assess the probability that there will be adequate groundwater quantity and groundwater quality supplied from drilled groundwater wells in the area proposed for development. The WSSA Guideline document defines an adequate water supply for residential development must be able to supply each end user with at minimum 450 L/person — day, with a peak demand rate of 3.75 L/minute occurring for a period of 2 hours each day (typically occurring in the morning and early evening). A summary of the WSSA reports provided by the City is included in Appendix B. Each of the WSSAs completed in the vicinity of the study area, with the exception of the Bally Desmond study suggest that there is adequate water quantity to meet the needs of each of the proposed subdivisions. The Bally Desmond CWSA did suggest that the test wells installed as part of that assessment could not be identified as high yield wells, and further, depending on water extraction rates, may not supply enough water to meet the demands of the subdivision. Fundy Engineering recommended in the assessment report that the developers look to optional methods of on -site water storage to accommodate demand during peak flow periods. These findings are consistent with our observations that well yield is dependent on the fracture density encountered at a specific location and for circumstances where insufficient yield is encountered that additional storage be provided. The WSSAs also suggest that the groundwater quality is adequate for residential potable water supplies, however the quality cannot be guaranteed for any of the on -site potable groundwater wells drilled for the developments. It should be noted that only one of the CWSAs were completed within the study area, which resulted in a potential for inadequate groundwater supply. The remaining CWSA which was completed outside the study area was located in Cumberland bedrock group, which may explain the significant differences in the values of hydrogeologic parameters calculated for the two CWSAs. Further CWSAs completed in the study area may result in similar properties as those calculated for the Bally Desmond study. 5.1.4 Water Quality Assessment Overall water quality within the study area is generally good with the majority of noted water quality related issues being associated with aesthetic parameters including iron and manganese; turbidity; hardness; chloride; copper; and zinc. There were, however, several instances where exceedances to the Health based CDWQG were noted for arsenic and lead. Additionally bacteria (the presence of total coliforms) have been detected for several water sources. Hillcrest Aquifer Carrying Capacity Study 141 36 Arsenic in groundwater represents a potentially significant health issue as arsenic is classified as a human carcinogen and every effort should be made to maintain levels in drinking water as low as reasonably achievable. Arsenic is typically considered a natural contaminant of groundwater and given the relatively rural non - industrial development in the area it is likely that the arsenic source is geological. Given recent changes in the Health Canada drinking water quality guidance for arsenic (the guideline has been lowered from 0.025 to 0.010 mg /L) and the detections of arsenic above this guideline consideration should be given to further evaluation of arsenic in the general area or resampling of the impacted wells to confirm the concentrations of arsenic. Lead in groundwater can represent a significant long term health risk; however, lead can also come from plumbing or service connections. According to the Health Canada guideline technical document for lead: "Lead is present in tap water as a result of dissolution from natural sources or from household plumbing systems containing lead in pipes, solder or service connections to homes. The amount of lead from the plumbing system that may be dissolved depends upon several factors, including the acidity (pH), water softness and standing time of the water, with soft, acidic water being most plumbosolvent ". Given the detections of lead above the CDWQG consideration should be given to further evaluation of lead in the general area and, at a minimum, resampling of the impacted wells to confirm the concentrations of lead. The detection of the presence of total coliform bacteria represents a concern from both a health perspective and the possibility of a GUDI groundwater source. While bacteria can exist naturally, bacteria can also occur as a result of contamination from human or animal waste. The Health Canada guideline technical document for total coliforms states: "Some of these are capable of causing illness in humans. Surface water sources, such as lakes, rivers, and reservoirs, are more likely to contain microorganisms than groundwater sources, unless the groundwater sources are under the direct influence of surface water." Given the detections of total coliform bacteria above the CDWQG consideration for further evaluation of bacteria and the potential for GUDI water supplies in the general area should be given. The aesthetic exceedances for iron and manganese are based on the likelihood of staining on plumbing fixtures, taste and colour issues related to the red brown colour of the associated minerals. These issues can be readily addressed with water treatment systems. The likely source for the iron and manganese, as with any groundwater based water supply, is the dissolution of naturally occurring minerals containing iron and manganese (iron is the fourth most abundant element in the earth's crust and manganese is present in over 100 common salts and minerals [Health Canada guideline technical documents]) and as such exceedances to these CDWQGs are not considered significant. Hillcrest Aquifer Carrying Capacity Study 37 142 Turbidity, while potentially a health based concern for surface water and GUDI groundwater supplies, is generally the result of particulate matter and for groundwater sources with high levels of iron and manganese (as is generally indicated by the associated number of iron and manganese exceedances noted above) is to be expected with the precipitation of iron and manganese based minerals. According to the Health Canada guideline technical document for turbidity: "The nature of turbidity and its health implications vary with the type of source water. Turbidity in surface water and groundwater that comes into contact with surface water (referred to as groundwater under the direct influence of surface water), however, is generally organic in nature and may contain toxins, harbour pathogens or lead to the formation of Trihalo - Methanes (THMs). Turbidity in secure groundwater supplies (i.e., not under the influence of surface water) is generally non - organic and should pose no health threat. The health -based guideline and target for turbidity therefore apply only to surface water sources and groundwater under its influence." Should high levels of turbidity be noted for shallow water supplies with significant bacterial detections (total coliform, a coli, etc.) it should be considered a health based issue and treatment systems should seek to reduce turbidity as noted in the Health Canada technical document for surface and GUDI groundwater supplies. There is no official CDWQG for hardness as public acceptance of hardness may vary considerably according to the local conditions, however water supplies with values greater than 200 mg/L are generally considered poor and those in excess of 500 mg/L are considered unacceptable for domestic use. As stated in the Health Canada guideline technical document for Hardness "Water hardness is a traditional measure of the capacity of water to react with soap. Hard water requires a considerable amount of soap to produce a lather, and it also leads to scaling of hot water pipes, boilers and other household appliances. Water hardness is caused by dissolved polyvalent metallic ions. In fresh waters, the principal hardness - causing ions are calcium and magnesium; strontium, iron, barium and manganese ions also contribute." Based on the relatively infrequent occurrences of hardness in excess of the recommended concentrations the exceedances are not considered significant. The CDWQG for chloride is based on the salty taste it will impart on waters with significant concentrations of chloride and the increased corrosion potential that salty waters have on water distribution systems. Potential sources of chloride in the study area include road salt (for shallow water supplies located in close proximity to roadways, driveways or other places where salt is stored or applied) and naturally occurring minerals (salt content generally increases with depth due to the increased age and mineral content of older formation waters). Based on the relatively infrequent occurrences of chloride the exceedances to the CDWQG are not considered significant. Hillcrest Aquifer Carrying Capacity Study 143 38 The aesthetic exceedances for copper and zinc are based primarily on taste, the tendency to stain plumbing and, in the case of zinc, due to its tendency to impart an opalescent quality to water where it also tends to develop a greasy film when boiled. As with iron and manganese both these metals are naturally occurring and relatively abundant in the environment. Unlike iron and manganese, plumbing and fixtures often tend to be a significant source of these metals in a domestic setting as many pipes and fixtures are made of copper and /or zinc alloys. Based on the relatively infrequent occurrences of the exceedances to the CDWQG for copper and zinc and considering the potential plumbing source(s) these exceedances are not considered significant. Given the relatively few and generally aesthetic water quality issues noted for the area it is not surprising that the majority of survey respondents indicated that they considered their potable water to be of high quality. Although this survey is entirely qualitative, only 2 respondents indicated that they considered their potable water to be of low quality. Hillcrest Aquifer Carrying Capacity Study 39 144 5.2 Planning Analysis Results There are both provincial and municipal policies that regulate unserviced residential development in Saint John. The Municipal Plan contains policies that identify which lands are designated for Unserviced Development. These lands are intended to be low- density residential developments with minimal or no urban servicing; on -site well and septic are meant to be a permanent feature in these types of developments. The Zoning By -law includes two primary zones that facilitate unserviced residential subdivision development: "RR" One Family Rural Residential and "RS -1" One and Two Family Suburban Residential. Minimum lot sizes in these zones are 5,000 square metres (1.25 acres) in "RR ", 4,000 square metres (1 acre) for a one - family dwelling in "RS -1" and 5,400 square metres (1.3 acres) for a two - family dwelling in "RS -1 ". These minimum lot sizes are either equal to or larger than the minimum lot size of 4,000 square metres (1 acre) as required by the Department of Health for on -site septic systems. Development in the study area has been increasing in a number of ways in recent years. Lots sizes have increased since the 1970s, from lot sizes of approximately 1,500 square metres (0.3 acres — the Department of Health Requirement at the time) to the larger abovementioned sizes in recent years. The pace and size of subdivisions have also been increasing. Approximately 50 lots were created in the study area throughout the 1990s. Between 2003 and 2006 an additional 50 lots were created and in 2008 alone, approximately 60 lots were created. Section 49 of the Community Planning Act provides the City with jurisdiction to request information regarding well water, to seek advice on that information and to make decisions based on that information. The Province has developed a series of guidelines for the review of subdivisions serviced by individual wells. The guidelines identify two types of water supply assessments (abbreviated and comprehensive) and criteria for determining which type may be appropriate. Based on these guidelines, the City will request that the applicant prepare the appropriate water supply assessment. The report is submitted to the City and passed along to the Department of Environment for review and comment. Subsequent comments and recommendations from the Province are considered by the City and to -date the City has never approved an unserviced subdivision against those recommendations. Section 4 of this report identifies a number of challenges currently being faced by the City with respect to water concerns associated with unserviced residential subdivisions. A brief summary of these issues is provided below: • A best practices review of other Maritime municipalities reveals that the City appears to be a minority in not only allowing but encouraging unserviced residential subdivision development. The Saint John subdivision application fees also appear to be low in comparison to other Maritime jurisdictions, particularly in Hillcrest Aquifer Carrying Capacity Study 145 40 light of the amount of unserviced residential subdivision development being encouraged and developed. • The City does not currently have a hydrogeologist on staff; this presents a challenge to Planning and Development staff in a number of ways. Upon receipt of a water supply assessment report, City staff do not have the expertise to review the report in- house. Rather, staff rely on input and recommendations from the Province which, in some cases can take up to six months to receive and can be challenging for staff to interpret. • Inconsistencies were identified in the process used to receive and review applications. Examples include a) at what point water supply assessment reports are requested and received in the application /approvals process and b) proceeding or not proceeding with processing the application prior to receipt of comments from the Province. • Concerns have been raised by both the Province and City Planning and Development staff about water supply assessments taking place on a small scale (i.e. phase by phase) rather than a big picture approach. Although this study does provide a summary of water supply assessment information for the study area, the small scale approach remains a concern for other areas of unserviced residential subdivision development within the City. Based on the results of the hydrogeological analysis of Section 5, it does not appear that there will be systemic water quality or quantity issues associated with future development in the study area. However, individual wells may have quantity or quality issues depending on conditions found at each particular well location. A gap analysis was originally proposed as a part of this study. The purpose of that analysis would have been to assess how the existing application review process would address potential water issues arising from future development as identified in Section 5.2. However, given that no potential water issues from future development were identified, the gap analysis was not considered necessary at this time. Hillcrest Aquifer Carrying Capacity Study 146 M 6.0 RECOMMENDATIONS Based on the findings of this report, two scales of recommendations have been developed: site - specific and general. Site - specific recommendations apply to the project study area and general recommendations have a broader or City -wide scope. 6.1 Site - Specific Recommendation 1: That future potable wells in the study area be extended to a depth where the minimum yield is attained or to a total depth where the combination of in -bore storage and the estimated yield can provide the required demand. Conversely, increased storage could also be obtained with the installation of a larger diameter casing and bore. As described in Section 5, given that potential issues with water quality or quantity associated with future development in the study area will be dependant on conditions found at individual well locations, Recommendation 1 is intended to help mitigate the likelihood of water quantity issues on an individual well basis. Although no trends were identified through this study between water quality /quantity and existing development in the study area, there are still potential long term implications of continued development in the study area that should be considered. Of primary concern is potential contamination of the groundwater; two main sources of potential contamination are septic systems and existing or future land use activities that involve potentially harmful substances. These include the possibility of systemic failure of septic systems in the study area and the presence of existing or future land uses that could lead to point source contamination of the water supply. These concerns are addressed by Recommendations 2 and 3 described below. Recommendation 2: That the City initiate an education and awareness mail -out campaign on residential wells and septic systems. Septic system failure is a common cause of groundwater contamination. Avoiding septic system failure is dependant not only on quality of the initial system installation but also on continued system maintenance throughout its life cycle. Although provincial guidelines are in place to ensure that septic systems are appropriately constructed to prevent failure, there are no regulations for homeowners with respect to on -going maintenance or use of the system. Property owners are often unaware of maintenance requirements and this can lead to potential system failures. Similarly, many homeowners are not aware or do not understand the importance of well maintenance and the potential threat that some household activities and substances can pose to water quality. An education and awareness mail -out campaign for residents of the study area would be a simple way of reducing these contamination risks. The goal of the campaign would be to educate and Hillcrest Aquifer Carrying Capacity Study 42 147 raise awareness on well and septic maintenance requirements and activities that can threaten groundwater quality (e.g. changing oil in the driveway, flushing chemicals, improper storage of paints and solvents, etc). The Province of New Brunswick has developed informational brochures on these topics which could be used as a part of the mail -out campaign. The information could be attached to regular municipal mailings such as tax bills for cost efficiency. Recommendation 3: That the City not support proposed changes of land use in the study that would permit uses that can pose significant risk to groundwater quality. In addition to septic system failure, a variety of residential and commercial land uses can present a risk to groundwater quality. Examples include: repair garage, service station, dry cleaners, large scale agricultural operations, commercial pool cleaners and fertilizer supply stores. The majority of properties within the study area are suburban residential zones, in which these uses would not be permitted. Future rezoning applications in the study area to facilitate uses that pose a significant risk to groundwater quality should not be supported by City staff. 6.2 General Recommendation 4: That the upcoming Growth Management Strategy /Municipal Plan Review include an examination of developing conditions that would discourage unserviced residential subdivision development. In general, the municipalities evaluated in the Best Practice Review (Section 4.4) discourage or prohibit unserviced rural residential subdivision development. This type of development is generally seen as unsustainable and can result in significant long -term costs for the municipality. For example, this type of development is typically very low density, resulting in increased road infrastructure, increased distances for plowing and garbage pick -up, increased travel by car and increased potential for long term water and septic issues. Current municipal policies and by -laws in the City facilitate this type of development and make it attractive for developers; as a result, although the City is growing it is becoming more rural rather than more urban. The pending Growth Management Strategy /Municipal Plan Review is an important opportunity to review existing policies and develop conditions that would discourage this type of development in the future. In the interim, it is recognized that this type of development will continue to take place and as such a number of recommendations should be considered. These are outlined on the following page. Hillcrest Aquifer Carrying Capacity Study 148 43 Recommendation 5: As additional unserviced residential subdivisions are proposed in other rural areas of the City, consider undertaking a similar study to characterize the water supply in order to identify potential water quality and quantity issues related to the proposed development. Although the rock type in the study area results in access to water being fracture - specific rather than related to existing development trends and characteristics, this may not be the case for other rural areas of the City that are or will be experiencing increased development. For example, the area south of the study area is composed of a more permeable rock type where water access would be more directly impacted by density of development. Recommendation 6: That the City retain the services of an individual (or firm with) qualified hydrogeologist(s) on an as- needed basis. The hydrogeologist would review water source supply assessment reports submitted by applicants and liaise with the NBDENV on the City's behalf in order to fully understand provincial comments and recommendations. In addition to these application- specific services, the hydrogeologist would also be able to provide the City with an understanding of water quality and quantity issues on a larger scale, carrying out studies similar to this one as needed. Recommendation 7: That an amendment be made to the Subdivision By -law to include the following: d) Create a new class of subdivision for Unserviced Rural Residential; e) Require a Comprehensive Water Source Supply Assessment for an application with 25 or more total lots (including all proposed phases) to be submitted to the Province and the City for review. The staff report to PAC shall include comments from the hydrogeologist retained by the City; and f) Outline an application fee for Unserviced Rural Residential subdivisions; the application fee for all other subdivisions will remain at the current $200 plus $10 per lot for each lot above the tenth lot. The average cost per application to have a hydrogeologist on retainer is estimated at $1,000. Therefore, for the purposes of cost recovery, the application fee for Unserviced Rural Residential subdivision is recommended to be $1,200 plus $100 per lot for each lot above the tenth lot. Hillcrest Aquifer Carrying Capacity Study 149 44 Recommendation 8: That the City standardize the application process for unserviced residential subdivisions with respect to the following: e) Identify when, in the process, a water supply assessment report is requested and submitted (e.g. must be submitted with the tentative plan, may be submitted after the tentative plan, may be submitted after tentative plan approval); f) Whether comments from the Province must be received prior to advancing the application (e.g. comments must be received prior to approval of tentative plan, may be received after approval of tentative plan but prior to Development Officer approval of final plan); g) Whether a necessary rezoning to "RR" Rural Residential must be done in advance of tentative subdivision plan approval or concurrently; and h) Adopting a standard template for a water quality advisory note to be placed on final subdivision plans in order to communicate potential water quality issues to homebuyers. Recommendation 9: That the City initiate discussions with the Province in regards to access to geo- referenced water quality and quantity data for study purposes. One of the primary challenges of this study was acquiring geo- referenced water quality and quantity data from the Province for analysis purposes; the Province has recently restricted access to this information to protect the privacy of individual property owners. With the lack of provincial data, the analysis carried out in this study was only possible due to the geo- referenced data in the previously prepared water sources supply assessment studies that had been submitted to the City. Studies such as this one, which are often important tools for preventing future issues, typically rely on this type of geo - referenced data. Without access to the geo- referenced data held by the province, these studies may no longer be possible and municipalities will lose an important resource. Hillcrest Aquifer Carrying Capacity Study 45 150 7.0 REFERENCES Community Planning Act. in Revised Statutes of New Brunswick. c. C -12. Accessed electronically from www.gnb.ca /0062 /acts /acts /c -1 2.htm Dolgoff, A. 1996. Physical Geology. D.C. Heath and Company. Lexington. Massachusetts. Fetter, C.W. 2001. Applied Hydrogeology, 4th ed. Prentice Hall. Upper Saddle River. New Jersey. Fundy Engineering. 2008. Comprehensive Water Supply Source Assessment for PID 00326223: Bally Desmond Subdivision, Phase 2, Stage 1. Fundy Engineering & Consulting Ltd. Saint John, NB. Fundy Engineering. 2008. Abbreviated Water Supply Source Assessment for PID 55181242, Hillcrest Heights North Subdivision. Fundy Engineering & Consulting Ltd. Saint John, NB. Fundy Engineering. 2008. Abbreviated Water Supply Source Assessment for PID 00310680: Emerald Lake Estates off of Hillcrest Road. Fundy Engineering & Consulting Ltd. Saint John, NB. Fundy Engineering. 2004. Abbreviated Water Supply Assessment, 2420 Loch Lomond Road: Hachey Subdivision. Fundy Engineering & Consulting Ltd. Saint John, NB. Fundy Engineering. 2004. Abbreviated Water Supply Assessment: Fundy Bay Subdivision. Fundy Engineering & Consulting Ltd. Saint John, NB. Fundy Engineering. 2008. Comprehensive Water Supply Source Assessment for PID 00433367: Latimore Estates Phase III. Fundy Engineering & Consulting Ltd. Saint John, NB. Health Canada - Canadian Drinking Water Guidelines. Accessed electronically from: http:// www. hc- sc. gc. ca/ ewh- semt/ water - eau / drink -potab /guide /index- eng.php Health Canada - Guidelines for Canadian Drinking Water Quality — Technical Documents Accessed electronically from: http:// www. hc- sc.gc.ca /ewh -semt /pubs /water- eau /index- eng.php #tech_doc Jacques Whitford. 2001. Abbreviated Water Supply Assessment, Proposed Little River Estates Subdivision, Phase 1. Jacques Whitford Environmental Ltd. Fredericton, NB. New Brunswick Department of Natural Resources (NBDNR). 2000. Bedrock Geology of New Brunswick. Minerals and Energy Division. Map NR -1. New Brunswick Geoscience Database. Accessed electronically from: http: / /www l .gnb.ca/ 0078 /GeoscienceDatabase /index.htm New Brunswick Regulation 93 -203 under the Clean Water Act. Accessed electronically from: www.gnb.ca /0062 /regs /93- 203.htm New Brunswick Regulation 88 -200 under the Health Act. Accessed electronically from: http: / /www.gnb.ca /0062 /regs /88- 200.htm Rampton, V.N. 1984. Generalized surficial geology map of New Brunswick. Department of Natural Resources and Energy. Minerals, Policy and Planning Division. NR -8. Rural District Planning Commission. 1998. Water Supply Assessment Guidelines for Subdivisions Serviced by Individual Private Wells. (revised 2009). Hillcrest Aquifer Carrying Capacity Study 46 151 9-ilicrest Aquifer Carrying Capacity Study Report to Common Council February i5, zoio Hillcrest Aquifer Carrying Capacity Study Reason for Study Study Area Study Proposal Information Sources Study Recommendations Staff Recommendation to Council 153 Reason for Aquifer Study Increasing residential development on private well and septic systems Recent water assessments indicating issues with both water quality and quantity 154 Study Area Iml Study Area Current Municipal Plan designates the study area as `Unserviced Residential' Subdivisions on new streets facilitated by rezoning to `RR' Rural Residential zone 156 Study Proposal Dillon Consulting Limited proposed to: Characterize the aquifer Determine potential implications of continued development Recommend planning policy to address implications Review City's application and review process for unserviced residential subdivisions Council accepted Dillon's proposal on April 24, 2009 157 Information Sources Generalized Surficial Geology Map of New Brunswick Water Supply Source Assessments Door -to -door survey in Greenwood Subdivision Discussions with local well drillers and NB Department of Environment Hydrogeologist Subdivision policies and practices in Saint John Policies and practices in other Maritime municipalities 158 Observed &Interpolated Yields �T 1 4E Ji Flgare7: 4,roundwrater Profiler Using IDW Imerpolatlo.n: Hillc rest Aquiter, �r P }, T f r n ` = 4 �R 4 159 Map Element ,.; • GroUr dwala Y+kl�s Ff�l7k� �J7,G[1G�h *uY t Es6makd Wed Yipid I#: 2273 Low: 4.5 � F x r o0 wrr r;«P4q!i� �• "'" rim Study Recommendations Drill wells to a greater depth Initiate an education and awareness campaign 3. Prohibit uses that pose a risk to groundwater 4. Consider discouraging unserviced development in new Municipal Plan � Undertake similar study in other areas of the City 6 Retain a hydrogeologist to review applications � Amend the Subdivision By -law 8 Standardize the subdivision application process -.. Staff Recommendation It is recommended that Common Council receive and file the staff report and the attached Hillcrest Aquifer Carrying Capacity Study. Further, it is recommended that the Common Council direct the Commissioner of Planning and Development to prepare a report for Common Council outlining a plan to implement the recommendations contained within the Hillcrest Aquifer Carrying Capacity Study. 161 Questions? 162 REPORT TO COMMON COUNCIL M &C2010 -23 n_ January 27, 2010 His Worship Mayor Ivan Court The City of Saint Fain And Members of Common Council Your Worship and Members of Council, SUBJECT: General Specifications — Division 28 Chip Seal PURPOSE The purpose of this report is to make a recommendation for the appropriate use of Chip Seal on City of Saint John roadways. BACKGROUND At a meeting of the Common Council, held on December 21, 2009 the following resolution was adopted, namely; "RESOLVED that Council consider the appropriateness of chip -seal as an acceptable road cover for rural roads and direct the Acting City Manager to submit a report to Council by January 31, 2010 outlining a policy that would determine a standard for the use of chip seal, and further, would explore additional opportunities for which chip -seal could be used in the municipality beyond just those roads classified as rural." ANALYSIS Chip Seal is a pavement surface treatment which is a combination of a layer of liquid asphalt followed by a layer of crushed aggregate. Chip Seal is often referred to as an "asphalt surface treatment" which is applied to a structurally sound asphalt pavement surface to prolong its life. It is generally accepted that a single coat application of Chip Seal can extend the life of an existing asphalt pavement surface by 5 or 6 years. Most agencies that utilize Chip Seal apply it to low volume rural roads. The City of Saint John has not typically used Chip Seal as a "surface treatment" but rather as an alternative to gravel on low volume rural and urban roads. In the past, a single or double layer of Chip Seal has been applied to existing low volume gravel roads in an effort to improve ride ability and dust control. The City of Saint John currently maintains 57 lane kilometres of Chip Sealed roads; about 4% of the City's' network of streets. SAINTJOHN ... LIFE ON YOUR TERMS 163 General Specifications — Division 28 Chip Seal January 27`h, 2010 Report to Common Council, M & C 2010 - 23 Page 2 Regional Use of Chip Seal The City of Moncton, Halifax Regional Municipality and the City of Fredericton presently do not have a Chip Seal program. NBDOT has an extensive Chip Seal program where it is applied on low volume rural roadways. The application of Chip Seal is used primarily on existing asphalt pavements in an effort to prolong the life of the pavement. Surface Treatment Selection When exploring the feasibility of using Chip Seal as a surface treatment on a roadway, all other surface treatment alternatives should be considered. Prior to selecting a surface treatment, the advantages and disadvantages of each type of surface treatment and a life cycle cost analysis should be included as factors in the selection process. Available surface treatments: Cost/ m2 life expectancy • Micro - surfacing $7.50 6 -8 years • Fog Seals $1.50 1 -3 years • Slurry Seals $3.50 4 -6 years • Chip Seals $6.78 5 -7 years • Asphalt Overlays $13.00 15 years The life cycle cost analysis of each surface treatment can vary depending on conditions such as volume and type of traffic, environmental conditions, roadway alignment, etc. The above life cycle cost values are used for general comparisons between each surface treatment. The cost of each treatment can vary from one agency to another depending on several factors such as available local contractors, available material, size of the project, etc. A surface treatment selection for one agency may not be appropriate for another. Life Cycle Costing (Chip Seal versus Asphalt Overlays) Staff has completed a life cycle cost analysis, using 2009 contract prices along with each treatments life expectancy, which has concluded that an existing asphalt pavement would best be treated with asphalt overlays rather than applications of Chip Seal. This analysis was based on a 60 year life cycle of an asphalt pavement. SAINTJOHN ... LIFE ON YOUR TERMS 164 General Specifications — Division 28 Chip Seal Report to Common Council, M & C 2010 - 23 Advantages of Chip Seal: January 27`h, 2010 Page 3 • Relatively low initial application cost compared to an asphalt overlay. • Roadway can be reopened to traffic just after the application of aggregate. • Provides a skid resistant surface. • Corrects ravelling and seals small cracks in pavement surfaces. Disadvantages of Chip Seal: • Loose stones can cause damage to windshields. • Rougher wearing surface generates more roadway noise than asphalt. Sound intensity increases with higher vehicle speeds. • Rougher wearing surface causes increased tire wear in all types of tires. • Environmental issues (deposition of foreign material into drainage courses) • Safety concerns — loose chips can cause loss of control to motorcyclists, and cyclists. • Public disapproval — residents with previously paved street will often react negatively to an application of chip seal. • Dust is created during brooming of the loose aggregates. • Chip Seal provides no structural strength to a roadway. INPUT FROM OTHER SOURCES Planning & Development: Use of Chip Seal for Roads in New Developments The City of Saint John Subdivision Bylaw sets out the minimum requirements for new infrastructure that is to become the operational responsibility of the municipality. The Bylaw requires that all roads in the City of Saint John be surfaced with asphalt and the cost of this installation is the responsibility of the developer. It should be understood from the outset that any move to permit new roads to be surfaced with chip seal will require substantive amendments to the City's Subdivision Bylaw. New rural roads are commonly constructed by development creating unserviced residential subdivisions in the City. These subdivisions represent a significant percentage SAINTJOHN ... LIFE ON YOUR TERMS 165 General Specifications — Division 28 Chip Seal January 27`h, 2010 Report to Common Council, M & C 2010 - 23 Page 4 of the new residential activity in the community and staff and Council have expressed significant concern recently with respect to the fiscal and environmental sustainability of this form of development. Staff are of the view that it is critically important that the municipality adopt policies and regulations that encourage serviced, mixed use urban residential neighbourhoods. Existing City policy already provides a significant disincentive to serviced development by permitting rural residential developments to adopt a much lower standard for municipal infrastructure. Revisions to the City's policies permitting chip seal as an acceptable surface for new rural roadways will provide another significant financial incentive to pursue rural residential development instead of serviced, urban development. As a result, the City could reasonably expect that more dense urban residential development will become even less attractive than it is currently, further challenging the City's to raise tax revenue and afford the costs of providing service to our residents. Given the City's stated desire to secure more urban residential development, a move to permit chip sealed roads is not recommended from a land use planning perspective. Conclusions That the City not initiate amendments to the Subdivision Bylaw to permit chip seal as a surface treatment for new rural roadways. CONCLUSIONS 1. Chip Sealing should not be used as a surface treatment for existing asphalt roadways. 2. All new street developments will be constructed in accordance with the City of Saint John General Specifications. 3. All existing gravel roads and Chip Sealed rural roads not originally built to City standards will be reconstructed under the Rural Roads Upgrade Program in accordance with the City of Saint John General Specifications as funding permits. 4. The existing network of Chip Sealed roads not scheduled for reconstruction will continue to be maintained with Chip Seal until such time as available funding permits reconstruction in accordance with the City of Saint John General Specifications 5. Staff will annually monitor market prices for all surface treatments and will explore surface treatment options based on life cycle costing while considering advantages and disadvantages of each treatment. SAINTJOHN ... LIFE ON YOUR TERMS 166 General Specifications — Division 28 Chip Seal Report to Common Council, M & C 2010 - 23 January 27`h, 2010 Page 5 6. No changes are made to the General Specification Division 28 for Chip Seal. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering J. Patrick Woods, CGA City Manager SAINTJOHN ... LIFE ON YOUR TERMS 167 February 10, 2010 Your Worship and Councillors: SUBJECT: Proposed Subdivision - 130 Gault Road The Committee considered the attached report at its February 9, 2010 meeting. It should be noted that the Committee's recommendation with respect to the rezoning of the property was the subject of a separate letter from the Committee to Council. Mr. Mitchell Webster appeared on behalf of the applicant, Galbraith Construction Ltd., and indicated that he was in agreement with the staff report and the revised recommendations. Mr. Lanigan asked the applicant if the proposed storm water system could handle all of the flows for the entire site. Mr. Webster indicated that their engineering consultant has designed the system to ensure the flow would be controlled and no increase in flow outside of the site. Mr. Kraglund asked what the applicant proposed to use the remaining lands, and the applicant responded that it will remain in industrial use. No one else appeared before the Committee in respect of the application and no letters were received. Separately, the Committee approved the street name `Hitachi Crescent' for this subdivision development. After taking into consideration staff s report and the comments made by the applicant, the Committee adopted staff's revised recommendation: RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed street and land for public purposes, as generally indicated on the submitted plan entitled `Hitachi Crescent Townhouse Development', as well as any necessary municipal services easements and public utility easement, provided that a note is placed on the final subdivision plan(s) indicating to future landowners that their properties are located within the Emergency Protection Zone for Brunswick Pipeline's natural gas pipeline. 168 IPM 2. That Common Council assent to the proposed Land for Public Purposes dedication of approximately 1,852.5 square metres (0.47 acres) in the vicinity of Gault Road, Pipeline Road and Hitachi Crescent. 3. That 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 or his designate. Respectfully submitted, Carl Killen Chairman NG Project No. 10 -13 169 DATE: TO: FROM: FOR: SUBJECT: FEBRUARY 8, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING • PLANNING AND DEVELOPMENT MEETING OF FEBRUARY 9, 2010 6&-all Naykn Gandhi, MCIP, RPP Planner Rezoning and Subdivision Application -130 Gault Road Staff has amended the recommendation set out in the original report to ensure that all necessary assents are included if and when third reading is given by Common Council. The following recommendation now includes those necessary assents and replaces the recommendation in the original report. It should be noted that Recommendation 4 in the original report has now been incorporated into Recommendation 2 set out below. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 2.2 hectares, located at 130 Gault Road, also identified as being a portion of PID No. 00403618, from "RM -1" Three Storey Multiple Residential to "TH" Townhouse. 2. That, if and when third reading is given to the proposed rezoning, Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed street and land for public purposes, as generally indicated on the submitted plan entitled `Hitachi Crescent Townhouse Development', as well as any necessary municipal services easements and public utility easement, provided that a note is placed on the final subdivision plan(s) indicating to future landowners that their properties are located within the Emergency Protection Zone for Brunswick Pipeline's natural gas pipeline. 3. That Common Council assent to the proposed Land for Public Purposes dedication of approximately 1,852.5 square metres (0.47 acres) in the vicinity of Gault Road, Pipeline Road and Hitachi Crescent. SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 7La I www saintjohn.ca I C.P. 1971 Saint John, N.-B, Canada E2L 41 Galbraith Construction Ltd. Page 2 130 Gault Road February 8, 2010 4. That 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 or his designate. S. That the Planning Advisory Committee approve the new street name `Hitachi Crescent' for this subdivision development. NG Project No. 10 -13 171 Z. The City of &dnt John y,�! DATE: FEBRUARY 5, x.010 TO: PLANNING AIISORY COMMITTEE FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 9, 2010 Naylin Gandhi, MCIP, RPP PlaKner SUBJECT: Name of Applicant: Galbraith Construction Ltd. Name of Owner: Galbraith Construction Ltd. Location: A portion of 130 Gault Road PID: A portion of 00403618 Municipal Plan: Low Density Residential Zoning: Existing "RM -1" Three Storey Multiple Residential Proposed: "TH" Townhouse Proposal: To rezone and subdivide the property to enable the development of 36 townhouse units and associated infrastructure. Type of Application: Rezoning and Subdivision. SAINT JOHN P.O. Box 1971 Saint john, NB Canada ER 4411 wwwsaintjohn.ca I C.P. 1971 Saint John, NA. Canada E2L 41 Galbraith Construction Ltd page 2 A portion of 130 Gault Road February 9, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, February 15, 2010, The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City/Developer Subdivision Agreements. The Subdivision By -law authorizes the Planning Advisory Committee to approve the names of new streets in conjunction with the subdivision of land. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a portion of the land with an area of approximately 2.2 hectares, located at 130 Gault Road, also identified as being a portion of PID No. 00403618, from "RM -1" Three Storey Multiple Residential to "TH" Townhouse. 2. That Common Council assent to the proposed Land for Public Purposes dedication of approximately 1,852.5 square metres (0.47 acres) in the vicinity of Gault Road, Pipeline Road and Hitachi Crescent. 3. That 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 or his designate. 4. That the Planning Advisory Committee give tentative approval of the proposed subdivision subject to the following: a. That a note is placed on the plan that indicates to future landowners that their properties are located within the Emergency Protection Zone for Brunswick Pipeline's natural gas pipeline. 5. That the Planning Advisory Committee approve the new street name `Hitachi Crescent' for this subdivision development. BACKGROUND: Need for a Rezoning Application The property was rezoned by Common Council in 1975 to the "RM -1" Three Storey Multiple Residential zone to allow for a townhouse development of 53 units to be developed (see enclosed plan). A Section 39 condition was applied which states: "... on the change of the zoning district the land shall not be developed or used except in accordance with the proposal of the said owner with such_ proposal to be carried out by the owner within twelve months. " This development was not carried out in the required timeframe. 173 Galbraith Construction Ltd Page 3 A portion of 130 Gault Road February 9, 2010 The applicant now wishes to develop the property and has been working with staff on since late 2009 to discuss a revised townhouse development on the subject land. Based on the Section 39 condition applied to the property in 1975, the applicant must either apply to amend the condition, or to rezone the property to another zone. In discussions with City staff, the applicant has now proposed the townhouse development subject of this application and would prefer to seek to rezone the property the "TH" Townhouse zone, which more appropriately reflects the type of development proposed. It should be noted that the "TH" Townhouse zone did not exist within the Zoning By -law when the 1975 rezoning application was considered, although a townhouse development was always envisaged on the property. Services Extension The City has awarded a contract to extend services to the area from Manawagonish Road, and this work is expected to be completed in the 2010 construction season. This will bring both water and sewer services to the subject site, thus enabling the development to take place from this perspective. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning and subdivision application: • Detailed engineering drawings from a qualified professional engineering consultant must be submitted to the City for review and approval. • Capacity and fire flow requirements will have to be verified by the developer's engineering consultant and included with the detailed drawing submission. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from this proposed development and confirmation that there is enough capacity to support this proposed development. This information is to provided to the City for review and approval. • Any new water mains installed must be interconnected with existing mains; there are to be no dead -ended water mains. • The developer must provide a detailed site storm water drainage plan and report indicating how storm water collection and disposal will be handled. • An engineering sewer analysis may need to be completed in order to determine the impact this development will have on the existing sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing system (Note: there has been system upgrades recently completed and currently proposed for 2010 --- this study may not be required of the developer). • Upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must be submitted prior to determining this. • All grades for existing water and sewer systems must be verified by the developer's engineering consultant. • The developer should extend the existing sidewalk on Gault Road, approximately near proposed lots #26 and 33 going southwardly to the Pipeline Road (end of this development site). 174 Galbraith Construction Ltd Page 4 A portion of 130 Gault Road February 9, 2010 • A sanitary lift station is proposed to facilitate this development. Detailed engineering drawings completed with a design report for this station must be submitted to the City for review /approval. All pumps, accessories, etc. are to be as approved by the City. • On the tentative plan, there is a reference to a proposed easement where the proposed lift station would be situated. There must be either a suitable Municipal Services Easement provided to the City or the land on which the lift station is situated, vested to the City entirely. • Depending on the final design of the proposed storm water detention, approved fencing (incl. possible gating) may be required around the perimeter of the pond for safety. This shall be determined at the discretion of the City and provided by the developer. • The proposed storm water detention pond is proposed to overflow /discharge to adjacent land owned by the developer and not the City. There may need to be a legal agreement between the land owner and the City for this directing of stormwater flow onto lands not owned by the City. Buildings and Inspection Services has no concerns. Real Estate Services has no concerns. Saint John Fire Department has no objection to this application provided that the National Building & Fire Codes are adhered to, as summarised below: Fire Separations satisfy requirements of the National Building Code of Canada 1995/2005 (Sections 9.10.11, 9.10.14.11 & 9.10.14.12) Water supply: Hydrants are extended in accordance with the policy as adopted by Saint John Water. Street Network adheres to the National Building Code Standard 3.2.5.6. Access Route Design. The Saint John Fire Department reserves the right to accept any turn- around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn around areas. Geographic Information Systems (Planning and Development) indicates that the proposed street name `Hitachi Crescent' does meet NB 911 standards and is therefore acceptable. Saint John Transit indicates that there is transit service in the area. Maritimes & Northeast Pipeline has indicated the location is clear of its facilities. Brunswick Pipeline has no objection to the development of the area located at 130 Gault Road provided that development occurs only on the north side of Pipeline Road. Saint John Energy has been advised of this application. Leisure Services has been advised of this application. N.B. Department of Environment has'. as been advised of this application. School District S has been advised of this application. 175 Galbraith Construction Ltd Page 5 A portion of 130 Gault Road February 9, 2010 Atiant has been advised of this application. Rogers has been advised of this application. Enbridge Gas has been advised of this application. ANALYSIS: Site The subject site is located along the east side of Gault road immediately north of Pipeline Road in West Saint John, and forms part of a larger piece of property which stretches from just north of Manawagonish Road and incorporates the subject site (see location plan). The subject site itself is currently vacant and contains a large stand of mature trees. The total area of the subject site is approximately 2.2 hectares (7.2 acres), and has a slight slope from north -west to south -east leading to Pipeline Road. It has a frontage of approximately 197.3m (647.3ft) on Gault Road and 167.8m (550.5ft) on Pipeline Road. Surroundings To the north of the subject site is serviced suburban residential development along Alvic Place. To the south of the site is Pipeline Road, which is used to access a number of residential properties located off Pipeline Road and to the east of the subject site. Pipeline Road itself is developed over a City -owned and operated major water pipe which serves west Saint John from Spruce Lake. The Brunswick Pipeline natural gas pipeline runs immediately south of Pipeline Road and turns southwards near the subject site. Across the road and to the north -west of the subject site is the Monte Cristo serviced subdivision comprised of mainly large single family dwellings on Iarge Iots. A large residential subdivision (Westgate Subdivision) is also located along Pipeline Road east of the subject site and is comprised of a mix of apartment buildings and townhouses along with single - family dwellings. Hamilton Homestyle Daycare has recently been established south of the subject property (70 Gault Road), which was subject to a rezoning application in Fall 2009. In the wider surroundings, the owner of the subject site operates a gravel pit, which is accessed directly off Gault Road south of the pipeline corridor. The Highway 7 interchange with Route 100 is located west of the subject site and can be used to access a variety of destinations, including Spruce Lake Industrial Park as well as Highway 1 towards Uptown Saint John and the wider region. Proposal The applicant is seeking to subdivide part of their property into 36 units in a series of single- storey townhouse blocks, and has provided a number of drawings illustrating the proposed development (see enclosed site plan and elevation drawings). As set out above, the applicant is seeking Council's authorisation to rezone the property to enable the development to take place. The applicant is also seeking tentative subdivision approval at this time, along with the necessary assents, to enable a final subdivision plan to be prepared and eventually endorsed. The proposal also includes the construction of a new local street to access these units (to be named `Hitachi Crescent'), 176 Galbraith Construction Ltd Page 6 A portion of 130 Gault Road February 9, 2010 along with land dedicated for public purposes, a utility easement and a storm water retention pond. The applicant has indicated that the street details would satisfy the Subdivision By -law requirements. Municipal Plan Direction The subject site and the surrounding area is designated Low Density Residential by the Municipal Plan. This property is located within Staging Area 1 of the City's serviced area in the Municipal Plan, and services will be available in the area in 2010. Gault Road and Pipeline Road are identified as Collector Roads in the Municipal Plan. The nearest District Centre is the region around Lancaster Mall, which contains a number of retail outlets, including a food store. A number of major employment areas, including Ocean Westway, Fairville Boulevard Service Corridor, Spruce Lake Industrial Park and employment centred around Main Street West are nearby. The Plan's policies for low density residential areas provide for a wide range of housing, so long as the density does not exceed 37 dwellings per hectare. The proposal seeks to develop a residential development, which would diversify the type of residential housing in the wider neighbourhood and it does not exceed density limitations of the existing designation (being only 16.4 dwellings per hectare). Transit services are provided along Gault Road and provide connections to the wider region, including employment and key destinations. The proposed rezoning is therefore consistent with the Municipal Plan. Request far Rezoning Without rezoning (or an amendment to the current Section 39 condition attached to the property), the property is undevelopable at present. Therefore, the principal consideration is whether to authorise the rezoning to enable development to take place in a way similar to that originally envisaged. In other words, the rezoning request seeks to recognise that townhouse development was already envisaged on the property and now that a "TH" Townhouse zone exists, that the property should be designated accordingly. It is unusual circumstances that the development cannot take place without such a request but it was a normal practice at the time of the previous rezoning application for the site that Section 39 conditions were applied restricting the timeframe to undertake the proposed development. Council no longer imposes conditions limiting timeframes for the development (only for post - construction visual improvements such as landscaping and paving) as there may be factors (e.g. market uncertainty) which can affect the timing of the development, rendering an impossible situation to develop the property if it is delayed. The principle of the proposed townhouse development was established with that previous rezoning. Any deemed impacts were assessed at that time (e.g. traffic, etc). In fact, it could be argued that there will be 17 less units than the previous proposal, lessen any potential impacts. The proposal also complies with the Zoning and Subdivision By -laws (see below for more details). The rezoning can be supported. In addition, staff is of the view that this rezoning application also should be supported for the reasons identified below: 177 Galbraith Construction Ltd Page 7 A portion of 130 Gault Road February 9, 2010 • This would assist in achieving an increase in density, therefore maximising the use of the land. The long term sustainability of the City of Saint John will depend, in part, on the community's ability to facilitate more dense urban development. • Transit service is already provided in the area, connecting the site with the wider region in a sustainable way. Higher density residential development generally makes transit service more efficient and it results in increased ridership for the service. • Increased density provides a range of houses in the wider area which can be marketed to different customers such as empty nesters, first-time buyers, young families, etc. Mixed density housing helps the City achieve its goal of developing diverse neighbourhoods that cater to people with a range of incomes, ages, and family situations. Indeed, the applicant has indicated they are targeting empty - nesters and those who are seeking to downgrade from larger house types, particularly elsewhere in the City and in the wider region. • Increased residential density generally provides more tax base and revenue per metre of urban infrastructure which is a more fiscally responsible approach toward growth and development. It assists in achieving a wider benefit to the community by reducing the costs of maintaining development in the long -run. Provisions of Work and Facilities The Subdivision By -law requires the developer to construct the proposed new public streets to the Local Streets standards and as required by the Commissioner (Chief City Engineer or his designate). This will include at least a 11 metre (33 feet) wide asphalt driving surface, concrete curbing along both sides, and the installation of a 1.52 metre (5 feet) wide concrete sidewalk along one side of the street. Underground public utilities, street lighting, and full municipal services (i.e., sewer, water, and storm) will also have to be provided by the developer. The developer is also prepared to provide a sidewalk along Gault Road to assist new residents to access the wider community by foot, including nearby transit stops. A utility easement is also shown on the plan which has been provided in accordance with a request from Municipal Operations and Engineering. The staff recommendation includes all the necessary assents and approvals for this proposed subdivision. Also, the application will be required to submit site drainage plans and a design brief respecting storm water collection for the approval of the Chief City Engineer or his designate in order to ensure proper drainage of the property. There will also be other requirements expected of the developer (see the comments from Municipal Operations and Engineering earlier in this report). Land for Public Purposes The applicant is proposing 1,852.4 square metre (approximately 0.46 acre) Land for Public Purposes (LPP) dedication in a number of separate locations (see attached plan): • at the centre of the overall subdivision development (816 square metres); • at the south - eastem corner of the, subject site (895.9 square metres); and • three 0.5m wide strips along Gault Road and Pipeline Road (totalling 140.5 square metres). The central portion abuts a number of townhouse units and provides an ideal location for park space. The LPP dedication in the south - eastern corner of the subject site provides an opportunity to link the community with residential communities along Pipeline Road and beyond, as well as to protect some of the mature vegetation on the site. The strips are being acquired to prevent future land owners from 178 Galbraith Construction Ltd Page 8 A portion of 130 Gault Road February 9, 2010 developing access points directly onto Gault or Pipeline Roads. This dedication is consistent with previous practice. Overall, the applicant is proposing a LPP dedication of 8.4% of the total land area, which is in accordance with the Subdivision By -law. Street Naming The developer has proposed the new street name "Hitachi Crescent" for this subdivision development. This name has been carefully reviewed by City staff and have been determined acceptable. Therefore, they have been recommended for approval by the Planning Advisory Committee. All other requirements (e.g. setbacks, etc) have been met. It should be noted the applicant has made a revision to the site plan from the set sent to neighbouring residents in light of comments received from residents on Alvic Place. The primary change is to reduce the front yard setback (to Hitachi Crescent) for the townhouses closest to Alvic Place to the minimum required (3 metres or 10 feet) which will provide a greater physical space between the new townhouses and the existing residents (although this will be rear yard space). CONCLUSION: The proposal seeks to rezone the property to enable a 36 -unit townhouse development to take place. The applicant chose to rezone the property instead of seek an amendment to the Section 39 conditions currently attached to the property as the new zone would better reflect the nature of development. The proposal meets all of the requirements of the Zoning and Sub - division By -laws, and is likely to have less impact than the previously approved proposal as it contains 17 less units. In general, the proposal maximises the use of land and assists in providing a mix of dwellings in the wider area to cater to a diverse range of people. This request is consistent with the policies of the Municipal Plan and is an example of more sustainable urban residential development. The rezoning application can be supported. All the necessary assents and approvals for the subdivision development have also been recommended, as is the proposed street name. NG Project No. 10 -13 179 :m ! • • s uV {C plies •►,•. .�. !• ''r; :�r�:'.: 046 tj LA Ir ra "A 1A. 40 4.11 CA Li ral • �'•`•rr`••' � - S �\ mod. � _�+ � �. ��++:::iii • , A; \• / . �.y .�• °i :'.'.' ••:,- ` ',• � '{�' •� � � � N � fly • • ■• r: m �r J� m m U _ 3p jai j U U cn N d q G I y U o (n 6 z 0 0 o a m u 66 1 LL r� 1 r � � s s � 1 xF 3 � ' Ill u a 3 s + mS � N �'s C � a V PR DUM a it ll jil 183 PR DU EL Y AN AU E EDU A of U fill a II ll II II ® 11 II 11 II 11 11 II 11 11 11 II I, II 11 ,1 11 1[ i 1, le II li 11 1[ i `I:1 11 11 II rf If I 11 11 '•1 11 ® 11 1] 11 11 11 11 11 li Il tl ei ''1 ii ii --- -_ - -ii II 11 11 I1 li II 11 II Ej it II fl ® 11 II •: e, el rl 11 11 it[I 1 'IS I I 1 I 1''�•'.— I I 11 � II If II 11 11 f I f' 1 1 t 1 y � I - ]� IMC3 C3 1 ll II II 11 11 it I1 �i i' 11 7e r! 1 _ ------- i rl : 1I ! If Il it II II it {1 I 1 �ii:g'I 1 t %jl 1 i 1NYY 184 11111 mox me. ooze .000+1 Y AN AU ©E,.; U A iONti . R DU T a• U � ! 1 3 185 4 7 a 4VMaster Promotions Ltd. February 5, 2010 His Worship mayor Ivan Court and members of common council, P.O. Box 565 Saint John, N.B. E2L 3Z8 Canada Phone: 1-888-454-7469 Fax: 506-658-0750 Master Promotions Ltd has been using the Saint John Trade & Convention Centre since its opening in 1985. We have produced various trade and -� insumer shows over the years, including the NB Boat Show, Women's World, as well as several business -to- business shows, as recently as last November. As Canada's largest trade & consumer show management company, owned and based here in Saint John, we have the opportunity to produce shows in various venues across the country. The Saint John Trade & Convention Centre is certainly equal to, or exceeds, any other venue we use in Canada and can continue to surpass any other venue of this type, new or old, in New Brunswick, due to its overall larger capacity, easier logistical amenities and access to accommodations, restaurants and entertainment. An upgrade now will certainly assure the Saint John Trade & Convention Centre continues to rise to the top, when compared to existing and new competition, and continue to attract the high quality events it has become known for well into the future. I strongly recommend to the City of Saint John that renovations begin as soon as possible, to assure our Convention Centre continues to be the venue of choice for conventions, trade shows and special events in the Province of New Brunswick. The continued economic spin -offs for the 17ity in the long term are well worth the expenditure. Feel free to contact me, if you would like to discuss this matter further. Yours truly, I�D--�, Keith Peacock, VP of Operations & Sales 186 February 16, 2010 His worship The Mayor and Member's of Council The City of Saint John P. O. Box 1971 Saint John, N.B. E2L 4L I Dear Mayor and Council: I am writing to express my support for the proposed renovation of the Saint John Trade and Convention Centre. As a business person and taxpayer I feel the economic benefit generated by this facility is very important to many businesses, not only in Uptown Saint John, but throughout the city. In recent years we have heard a lot about the expansion of the cruise business in our city, and rightly so. Any industry which has a spin off for the local economy of between 26 -30 million per year deserves to be supported and further developed. Put in perspective, the Saint John Trade and Convention Centre, with an average economic spin -off of 24 million per year (over each of the past 10 years) has contributed to our city's economic growth in equal measure. With the opening this year of Convention Centres in Fredericton and Moncton, the Saint John Trade and Convention Centre's contribution to the local economy can no longer be taken for granted. Renovations are needed in order for the Trade Centre to remain competitive and be seen as a first class convention facility. A more modern, updated Centre, such as the one proposed is key to maintaining our city's growth — both economically and in terms of national recognition. The Saint John Trade and Convention Centre is owned by the citizens of our city and we all benefit from it. As a community we must support its long term development. I urge council to approve the necessary funding and permit the renovation to commence as soon as possible. Yours Sincerely, P '' Edward J. Betts, C. A. Chair, Trade and Convention Centre Oversight Committee EJB:kt 187 199, Nerepis Road, Grand Bay - Westfield, NB E5K 2Z7 February 22 2010 Dear Mayor Court and Council, We are neither residents nor tax payers of the City of Saint John but we are among the "Friends of Blueberry Hill Group ". As such we hope to attend the meeting with Council on Monday March 1st to show our support for this project. we are sending this letter to Council in case we are prevented from attending for any reason. We feel that the offer of this parcel of land is a very generous one and we would hope that Council will agree to join with the Nature Trust of New Brunswick and the Friends of Blueberry Hill Group to adopt this land for the benefit of the citizens of Saint John and the Province of New Brunswick. We think we are right in saying that there is no land for public purposes set aside for the people living along the Westfield Road. We also think that all the waterfront in that area is privately owned and therefore unavailable for use by the general public. Blueberry Hill is a wonderful natural area and is already used both in Summer and Winter for walking and skiing. There is a small beach also included with this parcel of land which would be a great asset to the community. we hope that Council will recognise this generous offer and support The Nature Trust of New Brunswick to obtain this land for all to enjoy. Yours sincerely, i, C k� , A '_ - 188 kSon� T-; t ✓ "u' ct Erik L. Teed, O.C, CA, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 6726856 Non - Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E2L2C6 Tel(506) 632 -0096 Fax: (506) 6329114 Common Council City of Saint John February 22nd, 2010 RE: CITY GIVING TO LORD BEAVERBROOK GALLERY Your Worship and Councillors: I have read the news articles that Lord Beaverbrook Art Gallery feels Saint John should pay to help keep this Gallery functioning. I suggest the following for your consideration: The proposal that all Municipalities should make a payment to the Lord Beaverbrook Art Gallery in Fredericton made by CEO Bernard Richardson is not only strange but completely fails to recgonize the obligations and responsibilites of a Municipality. The primary duty is to provide service of necessities to the residents. The second duty is to endeavour to promote concepts which will be of benefit to the resident without expense to the taxpayer or not in competition with activities which can be of economic benefit to the taxpayer. Tourists and visitors to Saint John can be of value in spending money locally. Saint John should be a Destination City. This does not mean sending money to another Municipality or for an attraction in another Municipality. Would Fredericton send money to Saint John to help maintain the Arts Center? The support for this is a Provincial or Fedral matter, not a municipal one. Saint John has many attractions including churches, old buildings, offices, and the former UNBSJ Law School premises all of which are older than most of Frederictons or even Moncton's. Does Fredericton or Moncton support these? Paul Thompson, as a spokesman for Moncton couldn't see funding a gallery located in Fredericton from the Moncton area. If Moncton feels it illogical then surely Saint John, as the leading City in New Brunswick., will follow. Further is Saint John going to ask Fredericton and Moncton to send funds to our major attraction here? And what would Saint John expect the answer to be? Yo r I , L- �Te d/ 189 ,5.s Eric L. Teed, O.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672 -6856 Non - Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E2L 2C6 Tel: (506) 632 -0096 Fax: (506) 632 -9114 Common Council City of Saint John City Hall, 81 Floor P.O. Box 1971 Saint John, N.B. E2L 4L1 Your Worship and Councillors: February 23rd, 2010 RE: Support for Mount Carleton National Park It is suggested the recent proposal that the Mount Carleton Provincial Park, the highest point in the Atlantic Provinces, be developed as a Federal Park should be fully supported. When one arrives at the top of Mount Carleton, the view is outstanding and will be remembered a lifetime. All New Brunswickers should support this whether or not they are now able to climb or otherwise arrive at the top. The N.B. Historical Society feels this development marks an event which is historic and part of our heritage, and should be supported. The Mayor of Bathurst has expressed his disappointment at the apparent refusal of the Federal Authorities to take such action. It is suggested the City of Saint John pubically support this feature and encourage all N.B. Residents to call their member of Parliment or their member of the Legislature or write, fax, or email or use another form of communication to show their support. There should be no reason why such a distinctive land mark should not be fully recognized. The City could also contact the Mayor of Bathurst expressing the City's support. Yours Truly, ric 190 5, � Eric L. Teed, O.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672 -6856 Non - Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E2L 2C6 Tel: (506) 632 -0096 Fax: (506) 632 -9114 Common Council City of Saint John City Hall, Bch Floor P.O. Box 1971 Saint John, N.B. E2L 41_1 Your Worship and Councillors: February 23rd, 2010 RE: Oldest Rocks and Fossils a positive attraction in a Geopark Involving Saint John It is understood the Provincial Governments Development Corporation will help defray the costs of the delegation from the City of Saint John to attend the International UNESCO Conference on Geoparks being held in Malaysia in April 2010. This can be of major benefit in promoting the City as a world wide attraction which in turn could assist in encouraging visits to see this unique feature. Rocks dating back a billion years are located in the Saint John region and too often are not appreciated by our residents. The Fort Howe Limestone continues to have the oldest fossile remains in Canada if not worldwide. While Norton contains the remains of the last dinosaur of the period which are not available elsewhere. Bill Merrifield, the chairman of the Stone Hammer Geological Park Project and Goodfrey Howlan Chairman of the Canadian Geoparks Committee will be part of the Saint John region delegation. Others scheduled to attend are Charlie Swanton, Jane Fullerton the CEO of the N.B. Museum and Gail Bremner representing the Tourism Industry. This is important as plans can then be made to develop the oldest Fosil rock in North America. It is suggested Council commend the Provincial Government Development Corporation for their initiative and recognition. Fort Howe Limestone is unique. Further is is suggested the details of the attendance at the conference be requested from those attending by the City. This should assist the City in determining how to institute development for the overall beauty of the City. Yours Truly, Eric ,,.-- ..ENTERPRISE SAINT JOHN February 25, 2010 Mayor Ivan Court Members of Saint John Common Council City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Your Worship and Members of Common Council, RE: In support of the Saint John Trade & Convention Centre Proposed Renovation Project The Saint John Community has come a long way in positioning itself as a magnet for innovation, creativity and business investment. The proposed upgrade of the Saint John Trade bt Convention Centre ( SJTCC) is an important initiative in helping to solidify that positioning, both inside and outside our region. We believe that, by inspiring and supporting people, ideas and investment will follow. Since its opening in 1984, the SJTCC has supported many people. It has been a key economic driver for our Community, as well as a centre for hosting numerous social, arts and cultural events. The proposed upgrades will enable the SJTCC to continue providing residents and visitors alike with world class convention facilities. The benefits spill over into hotels, restaurants, and bars, as well as transit, leisure and tray trip operators, rental agencies, cultural and educational venues, art galleries and the numerous retail operators in the Uptown core and beyond. The need for a major upgrade was recognized a number of years ago, but has become more urgent with the announcements of new convention facilities opening later this year in both Fredericton and Moncton. We are very concerned that these new centres will be competing directly with Saint John and directing business away from our Community. Immediate capital investment will enable the SJTCC to continue to be the premier trade & convention destination in the province. In addition to civic pride, it drives tens of millions of dollars in economic spin -off and hundreds of full and part time jobs for our Community. As your Economic Development Agency, we urge Council to approve the necessary funding and permit the renovation. Together, with Common Council, staff and the private sector, we will continue to build a community where you can live life on your terms. Yours truly, Ap. A/It-A 1 Bob Manning ■ . Chair, Enterprise Saint John Grand Bay- Westfield • Quispamsis - Rothesay • St. Martins • Saint John 192 M & C — 2010 -59 February 26, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: SALE OF PORTION OF WELDON AVENUE BACKGROUND: In 1984, the property owner of the lot on either side of the undeveloped right -of- way (at that time it was one contiguous property) wanted to split the property into 2 lots. Their intent was to construct a dwelling on one portion of the parent parcel and hold the remainder for future development. City Engineering of the day wanted Weldon Avenue to be extended to Loch Lomond Road and the cost of development to be borne by the property owner. The proponent indicated they had no intention or the financial ability to construct the road and had only wanted their lot split into two, each having frontage onto Loch Lomond Road. The City compromised by accepting the land as vested street right -of -way, but it was not constructed (see attached subdivision plan). The City would at some later date develop the street. The property owner of both lots; identified on the 1984 subdivision plan as Lot #84 -1A and #84 -1B (land on either side of the undeveloped road) would like to reacquire the undeveloped street right -of -way. The proponent has indicated the undeveloped right -of -way has hindered his attempts to sell the land (presumably due to the property being split, rather than one whole parcel. ANALYSIS: Staff has had discussions with the two property owners who abut this undeveloped street. It is the City's policy to offer a proportionate share of the "to be closed" street to the adjoining properties. At this time, only one property owner, Mr. Charles Cochrane, wishes to acquire the property (being the owner of the properties on either side of the undeveloped street). It is also staff s opinion that should this portion of Weldon Avenue be stopped -up and closed, it should in its entirety, be offered to the property owner that had at one time had the parcel of land as one contiguous parcel. Furthermore, as the undeveloped street was acquired by the City through a subdivision process where there would have been no compensation for the transfer of this land, it should be offered back to the owner under the same circumstances. The proponent is agreeable to pay for all 193 registration, administration or other costs required to transfer this property. Mr. Cochrane is also responsible for the costs related to the advertisement and translation of the public notices that would have appeared in the local newspaper. The recommendation contained in this report will facilitate the sale of the subject property, should Common Council Third Reading be given for the Stop -up and Closure of this undeveloped street. RECOMMENDATION: 1. That in the event a portion of Weldon Avenue a 20.12 metre (66 foot) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick designated "Weldon Avenue (Public) " on a subdivision plan titled: "Subdivision Plan Kathleen LeBlanc Subdivision, Parish of Simonds, City of Saint John, New Brunswick" dated January 25, 1984 assented to by the Common Council of the City of Saint John on January 3, 1984, approved by the Development Officer on January 26, 1984, approved by the Director of Surveys on January 30, 1984 and filed in the Saint John County Registry Office on Jan. 31, 1984 as Number 1592 is stopped -up and closed, The City of Saint John sell its freehold interest to Charles Cochrane for $1.00 plus HST (if applicable) on or before May 29, 2009, subject to the conditions in the Offer of Purchase and Sale attached to M &C 2010 -59. 2. That the Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager CL /c 194 Offer of Purchase and Sale Portion of Weldon Avenue Street Right -of -way (if stopped -up and closed) In the event that the portion of Weldon Avenue, as shown on a subdivision plan titled, "Subdivision flan Kathleen LeBlanc Subdivision, Parish of Simonds, City of Saint John, New Brunswick ", dated January 25, 1984 and is identified as "Weldon Avenue (Public)" is stopped -up and closed, as shown on attached plan, The City of Saint John offers for consideration the sale of the aforementioned parcel to Charles Cochrane, for the sum of $1.00 plus HST (if applicable). As part of the transaction, The City of Saint John is responsible to prepare the public advertisement notifications that are required to satisfy the procedural regulations, prior to the consideration by Common Council to stop -up and close a street. Charles Cochrane is responsible for: 1. Any administrative document or any other associated administrative or registration costs that are required to secure their interest in the above mentioned properly; and 2. To pay for the public advertisement notifications and translation cost that is required to satisfy the procedural regulations, prior to the consideration by Common Council to stop -up and close a street. A deposit is required in the form of a certified cheque equal to $500.00 plus H.S.T. which must be received by the City of Saint John prior to any initiation of this procedure to stop -up and close the street. The deposit will go towards the cost to complete the advertisement and translation costs associated with this process. Mr. Cochrane is responsible to pay the outstanding balance plus HST of the advertising and translation costs associated with the street closing process at the time of closing. Once the advertisement for the potential stop -up and closure has occurred and if in the event the street is not stopped -up and closed, the amount paid by Charles Cochran to The City of Saint John will not be refunded. This offer is subject to Common Council approval. I owner of 4333 Loch Lomond Road hereby accept the offer contained herein. Signature Date 195 0 Rl'. POO 4 461T W*T TTIM Iva! ON "Oo P Law 40 71�rh p / '�O i d> ,� � } � r � % JO. :� �.. :ate s, iOb�� J r le, \ r •a /./ PIX AL- Ljj u: —9 '42 414 KAM 196 r. Y V mi -Ar MIR I 19 a 9 h S -0 9m . " ............ .... 2zi Y. 0 Rl'. POO 4 461T W*T TTIM Iva! ON "Oo P Law 40 71�rh p / '�O i d> ,� � } � r � % JO. :� �.. :ate s, iOb�� J r le, \ r •a /./ PIX AL- Ljj u: —9 '42 414 KAM 196 City Manager's Office P.O. Box /C.P. 1971 Bureau du directeur general Saint John, NB /N. -B. Canada E2L 4L1 ;oF www.saintjchn.ca = February 25, 2010 0 The city of saint John His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, Subject: Acting City Manager Your City Manager will be absent on vacation during the last two weeks of March. In addition, I will from time to time be attending conferences and professional development programs. It is therefore necessary to have a staff member to assume an acting position during my absences. The Deputy City Manager, A. Beckett, is capable of assuming these responsibilities on an interim basis. A comprehensive corporate structural review is currently being developed. Once this process has been completed a permanent arrangement will be identified. Recommendation That A. Beckett CA be appointed Acting City Manager during the scheduled absences of the City Manager. Respectfully submitted, 1 L�S- atrick Woods CGA City Manager 197 REPORT TO COMMON COUNCIL M &C2010 -64 February 24, 2010 n_ His Worship Mayor Ivan Court City of Sint Fain And Members of Common Council The City Your Worship and Members of Council, SUBJECT: 2010 NBCC — Public Works Training Agreement BACKGROUND Municipal Operations provides a series of essential public facing services: roadway and sidewalk maintenance (including winter operations), pedestrian and traffic management, stormwater management and solid waste management. Structured training is integral to improving and maintaining the quality of these services by ensuring that personnel are skilled, knowledgeable and capable of carrying out their responsibilities to the highest standards. Since 2001, we have been working with NBCC Saint John in the development of training programs. Fundamental and intermediate level blocks have been developed for each of the above services. ANALYSIS The City of Saint John enters into an annual Training Sales Agreement with NBCC to provide training to operational personnel. FINANCIAL IMPLICATIONS The 2010 Training Sales Agreement amounts to a total of $63,509.63. RECOMMENDATION It is recommended that Common Council authorize the Mayor and Common Clerk to sign the subject Training Sales Agreement for on behalf of the City of Saint John. Respectfully submitted, J.M. Paul Groody, P. Eng. J. Patrick Woods, CGA Commissioner, City Manager Municipal Operations and Engineering SAINTJOHN ... LIFE ON YOUR TERMS 198 REPORT TO COMMON COUNCIL M &C- 2010 -56 February 23, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Proposed Public Hearing Date 1666 Hickey Road and 25 -35 Bentley Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment 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 hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Tom Smith 1666 Hickey Road "RM -2" "R -2 To permit the & "RS -2" creation of 3 new lots for two- family dwellings Boyle Real 25 -35 Bentley Street "B -2" Section 39 To permit an Estate Develop- office and ment Inc. residential condominium development 199 M & C — 2010 — 56 - 2 - February 23, 2010 RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Tom Smith (1666 Hickey Road) and Boyle Real Estate Development Inc. (25 -35 Bentley Street) for Monday, March 29, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager KF /r 200 M &C- 2010 -53 February 26, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Brentwood Crescent Storm Sewer Easement 92 Brentwood Crescent BACKGROUND: On July 20, 2009 (M &C 2009 -199) Common Council adopted a recommendation from Municipal Operations staff regarding Stormwater Management — Brentwood Crescent Rider Sewer to engage CBCL Limited to carry out the engineering design and construction management of the project. The Rider Storm Sewer will provide flood protection for those homes on Brentwood Crescent and Woodward Avenue that have been experiencing recurring flooding during heavy rainfall events. The final alignment of the new rider storm sewer is within the street right -of -way. However, the construction activity will encroach upon private lands making easements a requirement. ANALYSIS: In October 2009, Real Estate staff was requested by Municipal Operations to secure all necessary easements that were required for the above noted project. In total there are 17 parcels, involving 11 different property owners. The new storm sewer line will run from Brentwood Crescent in a westerly direction along Woodward Avenue and intersect with an existing, larger pipe at the Millidgeville North School soccer field. Real Estate Services have met and/or corresponded with all of the property owners for this project. The majority of the property owners have been quite receptive as it is in their best interest to support the project in any way possible. Once all of the necessary land interests are acquired, construction of this new storm sewer pipe line will commence either late spring or early summer of this year. 201 Report to Common Council February 26, 2010 Page 2 The terms and conditions contained in the attached agreement have been reviewed by the City's Legal Department. The amount of compensation to the property owner is fair and consistent with other recent offerings involving other City projects of this nature. This report to Council will secure the fifth parcel of the 17 in total. As agreements with the property owners are acquired they will be presented to Council for their consideration. The following recommendation will secure the easement necessary from the subject property in order for this project to proceed. RECOMMENDATION: 1. That The City of Saint John accept the offer of Mary McIsaac, affected land -owner as set out in the Agreement of Purchase and Sale attached to M &C 2010 -53 and acquire the easement interest in, and through the portion of PID # 55047559 described in the Agreement for the aggregate sum of $452.00 + HST if applicable, upon the terms and conditions contained in the said Agreement; and 2. authorize the Mayor and Common Clerk to sign any document(s) necessary to finalize this transaction. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager CL /c Attachments 202 AGREEMENT OF PURCHASE „AND „SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement /easement for municipal services in and through the Vendor's lands PID# 55047559 as hereinafter set out upon the following terms and conditions: Vendor: Mary Mclsaac 92 Brentwood Crescent Saint John, NB E2K 4R5 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21_41_1 Attention: Common Clerk Premises: Easement in and through of Civic #92 Brentwood Crescent, also identified as PID # 55047559, comprising 32 square metres +/- on a drawing titled `BRENTWOOD CRESCENT STORM SEWER EASEMENT" (hereinafter called the "Real Property "), photo- reduced copy of said drawing attached hereto. Purchase Price: $452.00 + HST if applicable Deposit: $200.00 payable upon the adoption of the Common Council Resolution Balance: $252.00 + HST if applicable on Closing Closing Date: On or before March 31, 2010. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Real Property to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re- instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the initial installation. 1 203 Agreement of Purchase and sale Mary Mclsaac and The City of Saint John 2. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the,Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 3. In the event that the Vender's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 4. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 plus H.S.T. for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, Grant of Easement and the Postponement. 5. The Purchaser will have vacant possession of the Real Property on Closing. 6. if the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages or the Vendor may at its option compel the Purchaser to complete the sale. 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on .20 ' and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 204 Agreement of Purchase and Sale Mary Mclsaac and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this 6� day of 20 114. p� 20 os:�X 's 4# Vendor Vendor AND the Purchaser has caused these presents to be executed this day of ,20 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 205 at BRE14TW004 eFtESCE14T y 1' C3 bh Ir a. IL i. G' 206 w (n 0 IL Li Lu 0 LL] 0 / W En En 3 Im ziIn t7. BRE14TW004 eFtESCE14T y 1' C3 bh Ir a. IL i. G' 206 w (n 0 IL Li Lu 0 LL] 0 / W REPORT TO COMMON COUNCIL M &C- 2010 -50 March 1, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance #57 435 Boars Head Road On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. The following application has been received and qualifies for assistance as set out in the program guidelines: City of Saint John No. Applicant Location No. & Type of Units Estimated 2010 Assistance 57 NJP Developments Inc. 435 Boars Head Road 6 lots/6 townhouses $36,000.00 The actual amount of assistance provided will depend on the actual service costs experienced, and the phasing of the development. RECOMMENDATION: It is recommended that Common Council approve a Residential Infrastructure Assistance for NJP Developments Inc. at 435 Boars Head Road with an estimated expenditure of $36,000.00 Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 207 Application for Residential Infrastructure Assistance Demande relative au programme d'aide # 11infrastructure r6sidentielle Applicant Related Information/ Renseignements sur le demandeur Name of Applicant / Nom du demandeur T 1 -0 Eve co P#" e-'V T i T.-v C - Mailing Address of Applicant/ Adresse. postale du demandeur A S 4 s ft V �D y P -f- 9�> - A + T 1'0 IV IF> Postal Code / Code postal K S t % Telephone Number / Numdro do tdlephone [ r ^C Home / Domicile o t D — Work / Travail � �.. p_._....- 7 Fax Number/ Numdro de tdidcopieur O ' 3 t r Development Information / Renseignements sur le dhveloppement Name of Development Norn du ddveloppment YZ0A(ZS 14E/ > 0,0 Location 1 Emplacement VAO NEAD OPOAt> - No. / No de voirie Sheet / Rue Name of Property Owner (if different) / Now du propridtaire (si diti6rent) Postal Code / Code postal Nature of Development Proposed (plans enclosed) / Nature du d6veloppement proposd (plans inclus) 94f 33 PID / NIP L fi-+�'; 0^/ FL L t Total Number of Lots / Nombre total de lots // Lots Proposed for Please One (2004) / Lots proposes pour la phase 1 (2004) C} Type of Development / Type de d6veloppement J Singles J Two Family 4a Townhouse J Apartments 6J Habitations unifamiliales -1 Habitations bifamiliales J Habitations en rangde J Apparternents Is the property properly zoned for proposed development? I Le zonage de la propri6td des I Otte U No I Non a -tal bien approprid pour le d6ve1oppement propose? Will the property be subdivided? I La propri&d sera -Mlle divisde. en lots? Grir,—, I Oui ❑ No I Non Has the development received tentative subdivision approval? I Le ddveloppement a- Wfe-s I Oui p No I Non t -ii reru rapprobation pour un lotissement provisoire? Do you wish to direct $2,000/unit of your grout to the purchaser of the new dwelling unit? I Voulez vous attribuer 2 000 S de votre subvention par logement, U Yes I Oui �Vo I Non 6 racheteur de la nouvelle unitd de logement? Signature of Applicant / Signature du demandeur 208 nm 7. uj r if TOM MY oil . .............. . ............. 8y y ti 6s .......... " ........... 11�ld CD I I. Ng 209 M &C- 2010 -51 February 26, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project Acquisition of Freehold Portion of PID # 55172209 BACKGROUND: The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. A portion of the project requires replacement of an old storm sewer culvert that crosses beneath the road at civic # 1925 Westfield Road. A larger culvert will be put in its place with an improved drainage channel guiding the storm -water towards the St. John River. On 17 February 2010, Michael J. And Bonnie L. Duffy signed an Agreement of Purchase and Sale document (copy attached hereto), offering to sell the required land to the City. The negotiated price of $1,655.00 is voluntarily agreed to by the land owner and considering that it includes an early access provision to the City, is considered within fair market value range. The provision whereby the City can have early access to the lands, if necessary, was negotiated so that the Westfield Road Reconstruction Projects timelines are protected. 210 Report to Common Council February 26, 2010 RECOMMENDATION: Page 2 1. That The City of Saint John acquire the fee simple interest in a 113 square meter portion of PID 55172209 — 1925 Westfield Road - as shown on a Terrain Group Inc. sketch #508053 -580 dated January 21, 2010, from Michael John and Bonnie Lynn Duffy for the all encompassing price of $1655.00 (plus HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M & C 2010- 51. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments PW /p 211 Description of Plan: Westfield Road Reconstruction Project—. Phase 1 area location N PID: 55172209 Address: 1925 Westfield Rd A PAN: 05591349 Date: February 18, 2010 212 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold interest in a portion of the Vendor's Lands bearing PID No. 55172209 as hereinafter set out upon the following terms and conditions: Vendor: MICHAEL JOHN DUFFY and BONNIE LYNN DUFFY 1851 -1925 Westfield Road, Saint John, NB E2M — 6C7 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21, 4L 1 Attention: Common Clerk Premises: Freehold interest in a portion of PID 4 55172209 Comprising 113 sq. m. +1- Designated as WESTFIELD ROAD (PUBLIC STREET) 113m2 on a sketch No. 508053 -580 prepared by Terrain Group Inc. (hereinafter. called the "Real Property") (Photo - reduced copy of said plan attached hereto) Purchase Price: $1,055.00 + HST if applicable Early Access: $600.00 Total: $1,655.00 Deposit: $655.00 payable upon adoption of the Common Council Resolution Balance: $1,000.00 payable on Closing Closing Date: No later than 45 days following the satisfaction of'the condition precedent set out in Clause 1 herein. Condition Precedent: 1. The Purchaser shall obtain, at its expense, all approvals and assents necessary to effect the creation and subdivision of the premises from its parent parcel PID 55172209. 1 213 lgeement of Purchase and Sale fluffy and The City of Saint John General: 2. The Purchaser may examine the title to the Real Property at its own expense until closing. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property, 3. The Purchaser shall acquire from the Vendor the unencumbered freehold title in the Premises. 4. (i) The Purchaser shall prepare at its cost any Subdivision Plan required to effect the conveyances herein contemplated; and (ii) The Purchaser shall contribute $500.00 plus HST towards the legal fees incurred by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all fees charged by the mortgagee to the Vendor (if applicable) to produce the Partial, Discharge of Mortgage required by the Purchaser; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Partial Discharge. 5. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no other recourse against the Purchaser. 6. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on 19 March, 2010 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto, 7. This offer when accepted shall be read with all changes of gender or number required by the context shall' be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 2 214 Agreement of Purchase and Sale Duffy and The My of Safnt John 8, AND FURTHER, the parties agree that, before the transaction is closed and the Subdivision Plan which will vest the Premises in the Purchaser upon it being filed in the Registry Office is signed aitd registered, the Purchaser, by its authorized representatives, and with such equipment as may be. necessary -has a right of access to, in and upon the Premises at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out: a) The right of access is to allow the Purchaser to make improvements to the Westfield Road embankment to render it more safe; b) Any entry to, in and upon the Premises shall require 24 hours prior written notice to the Vendor; c) Any entry by or on behalf of the Purchaser shall be at its risks, costs and expenses; d) The Purchaser for itself and its authorized representatives hereby indemnifies and.,saves harmless the Vendor from and against all matters arising by reason of the Purchaser exercising its right of access granted herein. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this ` day of February, 2010. MICHAEL JOHN DUFFY _"A 1-1p J_ .1-. BONNIE LYNN DUFFY 3 215 Agraamant of Purchua and Sale Cully and The Clty of Saint John AND the Purchaser has caused these presents to be executed this day of 2010. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: a 216 qc ID w� P o �e a � pp 16 � 1 � l 217 M &C- 2010 -49 February 26, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project Acquisition of Easement through Portion of PID # 00290254 BACKGROUND: The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. A portion of the project requires replacement of an old storm sewer culvert that crosses beneath the road at civic # 2130 Westfield Road. A larger culvert will be put in its place with an improved drainage channel guiding the storm -water towards the St. John River. On 16 February, 2010 Christa Dawn MacInnis signed an Agreement of Purchase and Sale document (copy attached hereto), offering to sell the easement required for said storm sewer improvements to the City. The negotiated price of $1,200.00 is voluntarily agreed to by the land owner and considering that it includes an early access provision to the City, is considered within fair market value range. The provision whereby the City can have early access to the lands, if necessary, was negotiated so that the Westfield Road Reconstruction Projects timelines are protected. 218 Report to Common Council February 26, 2010 RECOMMENDATION: Page 2 1. That The City of Saint John acquire a municipal services easement in a 118 square meter portion of PID 00290254 — 2130 Westfield Road - as shown on a Terrain Group Inc. sketch #508053 -579 dated January 19, 2010, from Christa Dawn MacInnis for the all encompassing price of $1200.00 (plus HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M & C 2010- 49. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments PW /P 219 Description of Plan: Westfield Road Reconstruction Project area location N PID: 00290254 Address: 2130 Westfield Rd PAN: 01504332 Date: February 18, 2010 220 AGREEMINI OF P CH S The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement in and through a portion of the Vendor's Lands bearing PID 290254 as hereinafter set out and upon the following terms and conditions: Vendor: Christy Dawn MocInnis 2130 Westfield Road, Saint John, NB E2M 6112 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 4L1 Attention; Common Clerk Premises: Easement in and through a portion of PID # 290254 Comprising 118 m? +/- Designated as "MUNICIPAL SERVICES EASEMENT (M.S.E.) 1 I Bm� " on a Terrain Group Inc. sketch # S08053 -579 dated 19 January, 2010, a copy of which is attached hereto as Schedule A (hereinafter called the "Easement Lands "). Purchase Price: $600.00 + HST if applicable Early Access: $600.00 Total: $1,200.00 Deposit: $600.00 payable upon adoption of the Common Council Resolution Balance: $600.00 payable on Closing Closing Date: On or before May 31, 2010. Ge 1. The Purchaser may examine the title to the Easement Lands at its own expense until closing. If within that time any valid objection to the title to the Easement Lands is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding i 221 Agreement of Pumhase and Sale Maclnnis and The City of Saintlohn any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Easement Lands. 2. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Easement Lands with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Easement Lands to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Easement Lands any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re- instate any portions of the Easement Lands disturbed by work or excavation to the same or better condition existing prior to the initial installation. 3. (i) The Purchaser shall prepare at its cost any Plan of Survey and other documents required to effect the conveyances herein contemplated; and (ii) The Purchaser shall contribute $500.00 plus HST towards the legal fees incurred by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all fees charged by the mortgagee to the Vendor (if applicable) to produce the Postponement required by the Purchaser; and (iv) The Purchaser snail pay for registration & filing fees at SNB, if applicable, for the Easement Document and the Postponement. (v) The Purchaser shall pay for any charge for an amendment to the Vendor's Title Insurance Certificate; and 4. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no other recourse against the Purchaser. z 222 . Agreement of Purchase and Sale `lrlaclrtnis end The My of Saint John 5. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on 19 March, 2010 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 6. This offer when accepted shall be read with all changes of gender or number rewired by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 7. AND FURTHER, the parties agree that, before the transaction is closed and the Easement Document is signed and registered, the Purchaser, by its authorized representatives, and with such equipment as may be necessary has a right of access to, in and upon the Premises at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out: a) The right of access is to allow the Purchaser to enter the Easement Lands to make improvements to the Westfield Road, including installing municipal works, to render it more safe; b) The initial installation of municipal works will include lowering the roadway slightly and also installing a new sidewalk in front of PID #00290254. As the house on PD) 000290254 is lower than the current roadway, the proposed changes should be beneficial to the existing driveway gradient. The newly constructed storm drainage course will be directed and channeled down to the river on a routing that is no closer the house on PID #00290254 than the present drainage course; c) Any entry to, in and upon the Easement Lands shall require 24 hours prior written notice to .the Vendor; d) Any entry by of on behalf of the Purchaser shall be at its risks, costs and expenses; e) The Purchaser for itself and its authorized representatives hereby indemnifies and waves harmless the Vendor from and against all matters arising by reason of the Purchaser exercising its right of access granted herein. 3 223 Aomeement of Purchase and Sew madnnis and The CRy of Saint John INwnNpsWUREOF thq Vendor has caused these presents to be executed this A6 day of 2010. C STA DAWN MAC S Ven or AND the purchaser has caused these presents to be executed this day of 2010. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 4 224 � p6 � a N lip 4c r t N 225 M & C — 2010 -48 February 26, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up — Newman's Brook Sewer Separation N.B. Supply and Services — PID # 00046524 BACKGROUND: At its meeting of 30 March 2009 Common Council adopted a number of resolutions recommended in M &C 2009 -60 relating to the City's proposed acquisition of real property rights for the Harbour Clean -Up project. As part of Harbour Clean -Up a series of projects are required to intercept untreated wastewater. The Newman's Brook Sewer Separation is a project that requires the separation of the combined sanitary and storm sewer from MacLaren Boulevard to Sandy Point Road behind both the Hazen - White /St. Francis School and N.B. Housing's residential buildings on Flemming Court. The selected routing of the required easement traverses PID # 00046524 being lands currently owned by the Province (Education).. Staff has successfully negotiated a proposed agreement with the Province (Supply & Services), subject to Cabinet approval and also subject to Common Council's approval, for the purchase of the easement on, over, & through a portion of PID # 00046524. A copy of the Agreement letter is attached hereto, along with a copy of the tentative Subdivision plan prepared by Kierstead Quigley and Roberts Ltd. The negotiated price falls within the resolution adopted by Common Council for the Harbour Clean -Up project. The market value of the easement requirement was determined by appraisal to be $35,430.00. The negotiated price is $44,283.00, being 125% of the appraised value. 226 Report to Common Council February 26, 2010 Page 2 New Brunswick Supply and Services have also indicated that they would be open to allowing the City early entry to the lands if necessary, such that the project timelines can be met. RECOMMENDATION: That subject to Cabinet approval, the City of Saint John acquire from the Province of New Brunswick an easement for municipal services in and through lands designated as PID # 00046524 along the routing as generally shown on the tentative subdivision plan attached to M &C 2010 -48 for the sum of $44,283.00 and that the Mayor and Common Clerk be authorized to execute all necessary documents. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments PW /P 227 Description of Plan: Harbour Clean -Up — Newman's Brook Sewer Separation area location N PID: 00046524 Address: Sandy Point Rd A PAN: 01667025 Date: February 18, 2010 228 B NewANouveau rfxnswZk C A N .A D A February 17, 2010 Fife k 11 -278 Mr. Paul W. Wilson Real Estate Officer Planning & Development City of Saint John PO Box 1971 Saint John, NB E2L 41-1 Dear Mr. Wilson: Re: Easement behind St. Francis /Hazen White School, Saint John, NB (Saint John Harbour clean up) This is with regard to the City's request to obtain an Easement crossing the St. Francis /Hazen White School property. Please be advised I am prepared to recommend to Executive Council that the required Easement area be conveyed to The City of Saint John for the purchase price of $44,283. Should you require anything further in the interim, feel free to contact this office. Yours very truly, Leah Essensa, Director Property Management Branch /pb Tel_P'fBieghvne: (506) 453 -2221 Supply and Services /Approvisionnesnent et Services Fax/T6It=pieur. (506) 444 -5653 P.Q. Box 6000 Fredericton New Brunswick Canada E38 51-11 case postale 6000 Fredericton General Wehsite Nouveau - Brunswick www.9nb.ca Canada E38 5H1 Visit us at our web site: Visitez notre site Web: ffi .pnb,Cai 11 www•anb.0122211index -f.asn 229 s F. •gi a z- 1 a c� $„ ao u� 8 EE s MIS x�loot OOAR < Y czcaeu� rv•u+ ^w0 1 1 szoa a�a w�la5 P°wwuy°YI °qud z °wi10,4 wn .+u'.wwn.Mnv qo it OS.SYI6Z �LI�IVi' S+��71�'� I z 1 G L N �y tit• •� Z F.P. Of �8 1 rat - oNe'ei ..,a goy ••s ` o r � C qy` 40��/�`��L d EL Q �n°� = U Ln al- H4 � � e $ r w, oo`s� �m o S "'n � 6' ` \�pG6S R R�Y�n� x � a v n tl o 0 0 f �m :v r� 4 D�uN n � �s x« 1� •ll a U 0 0 c O a v C i 0 I14 N nxx � x I Ll G L N �y tit• •� Z F.P. Of a o ci rat - oNe'ei ..,a goy ••s ` o r � C qy` 40��/�`��L d EL Q �n°� = U Ln al- H4 � 1 YY o S "'n 6' ` \�pG6S R�Y�n� v m g n:'m��nw�oeoa��al'g v C i 0 I14 N nxx � x 9Z6Z 230 �y tit• •� Z F.P. Of rat - oNe'ei ..,a goy ••s ` zYanY aid uollueyo� au inq'hTOe Y� I�wnie wzH C qy` 40��/�`��L d EL Q �n°� 9Z6Z 230 REPORT TO COMMON COUNCIL February 25, 2010 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: D.D. 155 MYSTERY LAKE LTD. (SKYLINE CONDOMINIUM) 155 Mystery Lake Drive — PID 373381 h ►} The City of Saint John As per the attached, I have had communication with Mr. Randy Pollock of the Planning Department and as Mr Pollock has confirmed that he has reviewed the department's file on the property and found no concerns with respect to compliance with the Zoning and Section 39 Conditions that are applicable to the property, I have concluded that the following recommendation would be appropriate. Resolved that the City of Saint John consents to the Declaration of D.D. 155 Mystery Lake Ltd. pursuant to the Condominium Property Act for lands at 155 Mystery Lake Drive having PID 373381, and that the Mayor and Common Clerk sign the Schedule B Consent of Encumbrancers attached to the said Declaration. Respectfully submitted, Y'P^atrick Woods, CGA MANAGER Attachment 231 % ack\7 Lynda D. Farrell Direct Line: 506.656.4096 Fax No.: 506.649.7939 Email: Iynda.tarrelJ @saintjohn.ca February 25, 2010 J. Patrick Woods City Manager 8th Floor, City Hall Dear Sir: Re: D.D. 155 Mystery Lake Ltd. (Skyline Condominium) 155 Mystery Lake Drive — PID 373381 Mr. James A. Whelly, solicitor for D.D. 155 Mystery Lake Ltd. (the Company), advises that his client, as owner of PID #373381 (the Lands), intends this development to be governed by the Condominium Property Act (the Act) and requests the City to give its consent to the Company's actions. All persons /corporations having registered encumbrances against the Lands must give their consent or the owner cannot complete his application under the Act. The City has, pursuant to Section 39 of the Community Planning Act (the CP Act) imposed conditions upon the use of the above noted property. The conditions were imposed by Common Council resolution adopted December 22, 1986 (No. 380746, Book 1597, Page 519) amended September 6, 1994 (No. 396294, Book 1733, Page 474) and further amended February 27, 1995 (No. 399261, Book 1759, Page 23). All certified copies are recorded in the Saint John County Registry Office. ... I2 tiA[N ±' 1E ► ► -1_M P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintiohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L41 232 City Manager February 25, 2010 Page 2 Re: D.D. 155 Mystery Lake Ltd. Should you be prepared to recommend to Common Council Mr. Whelly's request, the following wording would be appropriate: Resolved that the City of Saint John consents to the Declaration of D.D. 155 Mystery Lake Ltd. pursuant to the Condominium Property Act for lands at 155 Mystery Lake Drive having PID 373381, and that the Mayor and Common Clerk sign the Schedule B Consent of Encumbrancers attached to the said Declaration. Yours truly, r Lynda D. Farrell Solicitor C: James A. Whelly Randall G. Pollock 233 Farrell, Lynda From: Pollock, Randy Sent: Thursday, February 25, 2010 11:22 AM To: Woods, Pat Cc: Farrell, Lynda; Forrest, Ken Subject: Condominium Declaration -155 Mystery Lake Drive Patrick, Further to my conversation with Lynda Farrell regarding the above, this will confirm that I have reviewed our department's file on the property and have found no concerns with respect to compliance with the zoning and Section 39 conditions that are applicable to the property. Randy Randall G. Pollock, MCIP, RPP Planner 234 M & C — 2010 -55 February 26, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: INITIATE STOP -UP AND CLOSURE FOR PORTION OF ELGIN STREET BACKGROUND: Brian and Tracy Blanchard own a multi -unit residential building at the corner of Elgin and Main Streets (see attached map). They have removed a dilapidated set of stairs and landing and intend to reconstruct the access. However, upon review of an application for a building permit it was determined the access landing was situated within the Elgin Street right -of -way. This structure had existed for a number of years. Building and Technical Services have indicated the building is required by the National Building Code to maintain an access at this location. However, the reconstruction of the landing and stairs is not permitted to encroach onto the street right -of -way (grandfathering does not apply). The remedy would include a stop up and closure of that portion of street right -of- way encroached upon by the stairs and landing (see attached survey plan). There appears to be approximately 3.8 metres between the property line abutting Elgin Street and the edge of the travelled surface. The encroachment of 1.7 metres for the proposed landing /stairs would still leave approximately 2.1 metres between the landing and the travelled street. Municipal Operations and Building and Technical Services are both supportive of this process to resolve the need for a new access to the building. Once stopped up and closed, the parcel would remain as City owned land and the City could grant an easement to the owner(s) of 183 Main Street to permit the encroachment, subject to the following: • that the owners of 183 Main Street must indemnify and save harmless The City of Saint John from any damages caused in the event the City must perform work within the easement; • that the owner(s) of 183 Main Street agree to annually reimburse the City for any real property tax levied against the newly created parcel of land; • the owner(s) of 183 Main Street agree to pay annually to the City an amount equal to the annual municipal tax rate; and 235 • that the property owner shall reimburse the City for costs incurred to enact the by -law and finalize this transaction including but not limited to survey, translation, publishing, and recording costs. The purpose of this report is to request Common Council to initiate the street closing process and to set a public hearing date. The recommendation contained in this report will facilitate the process for the street closure of the subject property. A further report will be presented to Council regarding the particulars of agreement with the land owner. RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a portion of Elgin Street, a public street, being approximately 4.28 square metres, as illustrated on the Plan of Survey showing a portion of Elgin Street attached to M &C #2010 -55, be set for Monday, March 29, 2010 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager C L/c Attachment 236 U70 P72 iie Sy1j2Ta4 &126 Tas 1L 1 iiy1j11� i1]7� l• 76 TeeHt I 1% A 1w, gp3Tr4i1 ° 123 125 °124 131 133 133 sB 741 ;� 1M 163 lee, 1s9' 1 ,T3I m 4 ,e6 203 2,7 2'17 is ° 106 1 rue Victoria St. 110 74 i 4 1 1 a s ri72 �7e 112 114 119 ITZ 1 4 140 142 1" 144 149 160 162 164 7e 90 92 ere 92 94 94 M 1K 102 Of 72 17 %6j14a49 -'4 0 - 6 00 3746 5 0 G � y 1116 633 4193 W w` ° • w ,� ti 7 ayyT 34 • • P 49 y 32 r P CD E,13T426* 23: 39 99 73 7 777r M e5 07 % r3% 111 113 115 1,7 11 123 13.9 137 145 1 ° ` S3 63 rue Metcalf St. U70 iie Sy1j2Ta4 &126 P P I =. 3i •1, is 100 104 VID11 111 100 104 m ~ a3 Lfl a � • 1 1 w • .. 151 1 rue Main s- D 154 iie 17 16 1 m 1 192 1 2 204 210 +t . rt 'e 234 o 7 . 9 . 11 17b 17 i 35 7 , 15 � 25 43 17 rue Clarendon St. 6 1214 16 it 22 24 24 . 36 3r ,r a 42 Description of Plan: Stop -Up and Close portion of Elgin Street to facilitate new access for 183 Main Street. N PID: 380477 (portion of) Address: 183 Main Street Pan: Date: February 23, 2010 237 iie 49 &126 Tas 16 iiy1j11� i1]7� l• 76 TeeHt A 1w, gp3Tr4i1 p •+1 3 T T 4g12 B gij4iy3 26 p0'ii4a3 is 100 104 VID11 111 100 104 m ~ a3 Lfl a � • 1 1 w • .. 151 1 rue Main s- D 154 iie 17 16 1 m 1 192 1 2 204 210 +t . rt 'e 234 o 7 . 9 . 11 17b 17 i 35 7 , 15 � 25 43 17 rue Clarendon St. 6 1214 16 it 22 24 24 . 36 3r ,r a 42 Description of Plan: Stop -Up and Close portion of Elgin Street to facilitate new access for 183 Main Street. N PID: 380477 (portion of) Address: 183 Main Street Pan: Date: February 23, 2010 237 o ZH - r W� �Y w� k1 U) i o JWco Z W Z f=ry W � d �W O LU m Z~ b WSaJ wµ Z Z� U UW QZ FLGIN ST i- ❑ F- T -+ 5 U0, J ~ CL s �w W S a I.- z z �g a 0 IL �, to Y ma d a w k� O W g F ( N ui r ° ;4 Q HiNON OINO AOIMSNmje M3N W rn Ln w w ca co LL7 aC ui pCZ,0C4rn'o�cMLnP,w lJJ o zz LU �z<c ao p» J J ui co �O mco �WZticoco�mm^fnm w� �g CO '' d oECassi_ z rl-MwI�NONOLo NLU O � -0 p ,-rNO O�O z LU tR! U r fn Cl Lq z Q C"4 col NIrNM N�V CO O (D wZNNN NNN NNN Q > QW Y Fntinr�r -inn _ V S NNN NNN NNN U'Q a LLJ U f'7f'7,- L., M"CICJ Uj U �� Hyv1 �e7 �n �n �n �n v7 i/i d' p0'� ' W Q' LU (n W NNN NNN NNN W m LL LLRS OY /y Lu W Z� NU LL OW �i ul Ix a0t`7V Vwu7 Loou)m ' W W J mfr i ►� Qv �' w Lu Z fn LL LL ZY z s lw 'Nr, v S Tg rs 16T °1850° n W Y° c0 Lp L�Gf� tie 59 10 ti.52 C 4 4P 'O G 15.24) R �D�HIR oacae5z: nm a n Oils` O z €s0 z liff yet gg b, p �6;�$ x�CiI � d a ' m ❑ f�' 238 REPORT TO COMMON COUNCIL M & C — 2010 -63 February 26, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSE PORTION OF WATER STREET BACKGROUND: City of Saint John Hughes Surveys and Consultants Inc. are representing Ellerdale Properties Ltd. who recently acquired the property from the City, located at 230 Water Street. The proponent plans to construct apartment /condos on the site in the near future. Due to recent modifications to the proposed building elevations, stairways will be required in front of the dwelling units facing Water Street. The stairways will encroach onto a narrow sliver of the Water Street right -of -way. At present, the sidewalk along the subject property is 3.0 metres wide. If the street closure is approved, the sidewalk will be approximately 2.5 metres wide at its narrowest point. City Engineering is aware of this issue and it is expected that they will comment prior to 3rd reading of the Bylaw. Staff has not discussed with the proponent the sale price for the affected parcel of land if the street is closed. It is expected the transaction will include market value for the closed street and the proponent will be also be responsible for all costs associated with the street closure; including advertisement, translation and survey work. Staff will provide a further report to Council for their consideration on this matter once the total price is determined. The recommendation contained in this report will facilitate the process to initiate the street closure of the subject property. RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 36 square metre f portion of a public street known as Water Street, be set for Monday, March 29, 2010 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development CL /c 239 J. Patrick Woods, C.G.A. City Manager WERV g Description of Plan: Stop-Up and Close portion of Water Street to facilitate new multi-residential development. N PID: N/A Address: 230 Water Street tPan: N/A Date: February 25, 2010 240 P411 x. ,' r 33 -_" 41 \ n wit twos I � 1,a 4 MOW- Volk pw 1 ,Ss1O 1 ,. a as a TThhTFFhT � �� NNNNN NNNNM }} l 241 REPORT TO COMMON COUNCIL M &C2010 -41 February 15, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT f City of Saint john Tender 2009- 085002T: Ventilation System Replacement Rothesay Avenue Maintenance Garage BACKGROUND The City's maintenance garage at 175 Rothesay Avenue was built in the early to mid 1950's and has undergone a series of renovations and additions over the years. Most recently a welding shop was added to the building in 1986 and an upper floor consisting of office space was added in 1990. A mechanical engineering firm was engaged in 2008 to perform an engineering assessment of the ventilation system. The assessment found that the building ventilation system does not meet the Building Code and Workplace/Health guidelines. Also, the building service /repair garage is not equipped with a combustion gas detection system. A mechanical engineering firm (Hatch Mott MacDonald) was engaged to manage the complete project and prepare contract design documents. A public tender call was issued for Phase 1 of this contract and included the following: ➢ The supply and installation of a new central AHU for the main garage area. ➢ The supply and installation of AHU distribution ductwork. ➢ Modifications to the existing building to accommodate the new AHU and ductwork. ➢ The supply and installation of a new vehicle exhaust extraction system. ➢ The supply and installation of a new gas detection system. ➢ Supply and installation of associated energy management system controls, electrical power, supports, cutting and patching 242 M & C 2009 — - 2 - December 17, 2009 ANALYSIS The tender closed on December 16, 2009, with the following results: 1. J. E Wilson Ventilation Ltd. - $ 680,260.00 HST Included 2. Fundy Ventilation (2006) Ltd. - $ 593,573.00 HST Included ** Staff Estimate - $ 344,650.00 HST Included The bids were reviewed by staff from Facilities Management and Materials and Fleet Management and both were found to be formal in all aspects; however the tender submissions were substantially over the staff estimate for this project. Upon review the consultant concluded that the estimate for this project was affected in large part by the following conditions: ➢ Increase in material cost between the time the estimate was prepared and the tender call was issued. ➢ Contractor's costs were increased due to the time of year the work is to be completed. ➢ Unforeseen civil work due to the age of the building. In an effort to reduce cost, the consultant with the approval and input of Facilities Management staff and in keeping with accepted practice in the tendering process when all bids are much higher than the purchaser's estimate and /or budget, undertook discussions with the lowest bidder which resulted in some changes to the scope of work. This change in the scope of work and the corresponding lowered bid price were reduced in writing, in the form of a Post Tender Addendum, which forms part of the contract documents and Fundy Ventilation (2006) Ltd's bid. Also of note, is the fact that although the time allotted in the contract documents for the City to accept a bid has expired, Fundy Ventilation (2006) Ltd. has confirmed in writing that it is prepared to honour its revised bid price until March 12, 2010. The following items were deleted or reduced: Delete the vehicle exhaust extraction system. This system will now be included in phase 2 • Relocate the distribution ductwork and reduce the civil component • Delete the need to remove existing plumbing components 243 M & C 2009 — - 3 - December 17, 2009 • Reduce components of the Energy Management Control System Based on the above cost saving measures the revised tender price is $428,547.98 HST included. FINANCIAL IMPLICATION The total cost to supply and install new ventilation systems at the maintenance garage if awarded to the lowest bidder as recommended will be $428,547.98 HST included. This is a planned expenditure and as such funds to cover the cost are included in the 2009 Facility Management Capital budget. The shortfall between what remains of the initial project funding and the total cost of this job, can be covered through savings already realized from projects included in the 2009 Facilities Management Capital Budget. RECOMMENDATION It is recommended that the tender submitted by Fundy Ventilation (2006) Ltd., with the attached Post Tender Addendum outlining some changes in scope and the corresponding lowered tender price in the amount of $428,547.98, inclusive of HST, for the replacement of the ventilation system at the maintenance garage at 175 Rothesay Avenue be accepted, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, ~ f .. David J. Logan Purchasing Agent Patrick Woods City Manager 244 REPORT TO COMMON COUNCIL M & C — 2010 -60 26 February 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: M Giiy of Saint Jahn SUBJECT: Space Needs and Future Usage Analysis — Saint John City Market Tower BACKGROUND: The east end of the Saint John City Market consists of a four (4) storey structure that is currently occupied by various non -profit organizations. This area of the building is currently under consideration for upgrades including life -cycle replacement of interior /exterior finishes and equipment, as well as barrier -free accessibility and building code upgrades (including sprinkler replacement). It is anticipated that future upgrades of the Tower may include the resizing /reconfiguration of the existing tenant spaces to meet current and future needs. In addition, the potential for more efficient use of the existing space may open up some area for new tenants and/or other types of usage. An RFP was issued to engage professionals to conduct an analysis of the space needs of the existing tenants of the Saint John City Market Tower and to evaluate the potential options for the future usage of the Tower. The project will consider the life - cycle, accessibility, and code upgrades that are required within the Tower. Prime considerations of this study will be the building's heritage and the existing tenants. ANALYSIS: The RFP was issued on January 18, 2010 with a Closing date of February 11, 2010. Two firms chose to respond by submitting offers: TOSS Solutions Saint John, NB DFS Architecture and Design Saint John, NB 245 PAGE TWO ANALYSIS CONT'D: A proposal evaluation committee, consisting of representatives from Materials and Fleet Management and Facilities Management reviewed each submission against standard evaluation criteria including: ➢ Quality and completeness of submission ➢ Demonstrated experience in similar projects ➢ Expertise and qualifications of staff ➢ Methodology ➢ Ability to meet schedule requirements ➢ Cost Upon completion of the proposal review, the evaluation committee unanimously ranked the proposal from TOSS Solutions as the highest as it fully encompassed the proposed Scope of Work at the most aggressive price - point. FINANCIAL CONSIDERATIONS: The total cost for professional services to conduct an analysis of the space needs of the Saint John City Market Tower and to evaluate the potential options for the future usage of the Tower (while considering life- cycle, accessibility, code upgrades and heritage) if awarded as recommended will be $45,780 plus tax. This is a planned expenditure for which funds have been allocated in the 2009 Facilities Management Capital Budget. RECOMMENDATION: It is recommended that the proposal submitted by TOSS Solutions to conduct an analysis of the space needs of the Saint John City Market Tower and to evaluate the potential options for the future usage of the Tower (while considering life - cycle, accessibility, code upgrades and heritage) at a cost of $45,780 plus tax be accepted. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods City Manager 246 REPORT TO COMMON COUNCIL M & C — 2010 -64{ 26 February 2010 Giiy of Saint Jahn His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Bilingual Services Program Coordinator — Saint John 225 BACKGROUND: Saint John 225 is the official title of the anniversary celebrations of the City of Saint John and its incorporation as Canada's first, or original, city. Saint John 225 is a year -long program that explores the flow of people and ideas through the City's history and culture. The Mandate of Saint John 225 is to increase participation, access and awareness of arts, culture and heritage programming in Saint John. An RFP was issued to engage professional service providers to carry out various translating, proofing, scheduling, design and coordinating activities as detailed in the scope of work of the RFP document. ANALYSIS: The RFP was issued on February 8, 2010 with a Closing date of February 18, 2010. Three providers chose to respond by submitting offers: Michele C. Brideau Consulting Ltd. Rothesay, NB Patricia Allan -Clark Saint John, NB Erik Vogel Rothesay, NB A proposal evaluation committee, consisting of representatives from the Saint John 225 Committee reviewed each submission against standard evaluation criteria including: ➢ Quality and completeness of submission ➢ Demonstrated experience in similar projects ➢ Expertise and qualifications of provider ➢ Methodology ➢ Cost 247 M & C — 2010 -64 PAGE 2 ANALYSIS .... CONT'D: Upon completion of the proposal review, the evaluation committee unanimously ranked the proposal from Michele C. Brideau Consulting Ltd. as the highest, as it demonstrated that they fully understood the proposed Scope of Work, have the most experience with respect to similar projects and are the most fluently bilingual of all respondents to this RFP. FINANCIAL CONSIDERATIONS: The total cost for professional services to carry the tasks as detailed in the scope of work if awarded as recommended will be $40,000 plus tax. This is a planned expenditure for which funds have been allocated in the Saint John 225 Operating Budget. RECOMMENDATION: It is recommended that the proposal for the provision of professional services submitted by Michele C. Brideau Consulting Ltd. at a cost of $40,000 plus tax be accepted. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods City Manager 248 REPORT TO COMMON COUNCIL M &C2010 -62 February 24, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Gault Road Wastewater Lift Station Reconstruction BACKGROUND The City of Saint Tohn On Saturday January 30th, 2010 at approximately 8:30am, the wastewater lift station located at 300 Gault Road was hit by a pickup truck and severely damaged resulting in the station being torn from its concrete foundation. The above - ground structure which had been rebuilt in 2008 houses the electrical panel and controls while the pumps are located below ground. The accident left the station inoperable and as a result arrangements were quickly made to keep the system functioning by using vacuum trucks, thus preventing sewage from bypassing to a nearby natural stream. In order to return the lift station to operation as quickly as possible (and discontinue the use of vacuum trucks every 6 hours), the damaged equipment was cleared away from the site and on Febuary 3rd, 2010 temporary power and controls were installed. The system has been operating under these temporary measures over the past couple of weeks while a quote was sought for the reconstruction of the station to pre- accident condition. The cost of the reconstruction is to be covered by the driver's vehicle insurance. ANALYSIS The Gault Road Wastewater Lift Station was completely rebuilt in 2008 by O'Brien Electric Co., Ltd., under contract 2008 -7. In order to reconstruct the lift station as rapidly as possible staff sought a quote from O'Brien Electric to directly engage the company in the repair efforts. This eliminates the need to redesign the facility so as to accommodate alternative materials and equipment, particularly the fiberglass structure which houses the equipment. RECONSTRUCTION ESTIMATE O'Brien Electric Co., Ltd., Saint John, NB $ 40,000 249 M &C2010 -62 February 24, 2010 Page 2 FINANCIAL IMPLICATIONS The cost to reconstruct this station will be recovered from the driver's vehicle insurance. It is essential that the lift station be restored to full operation as quickly as possible as it collects and sends to treatment the sewage from numerous homes along Gault Road. RECOMMENDATION It is recommended that staff be authorized to issue a purchase order to O'Brien Electric Co., Ltd., for the reconstruction of Gault Road Wastewater Lift Station at a budgeted cost of $40,000 as calculated based upon estimated work. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, C.G.A. City Manager 250 S'�j REPORT TO COMMON COUNCIL 25 February, 2010 HIS WORSHIP MAYOR IVAN COURT AND MEMBERS OF COMMON COUNCIL Your Worship and Couneillors SUBJECT: ESTABLISHMENT OF PERMANENT POSITIONS BACKGROUND City of Saint John The purpose of this report is to clarify the 2010 Establishment that was approved by Common council for the Fire Department. In July of 2007 The City of Saint John Pension Board notified an employee that her disability pension would cease. This member was not eligible to retire under the Plan because of age, i.e. less than 55 years of age. A doctor selected by the City, determined that the employee would be able to return to work and the City endeavoured to find suitable employment for her. The Fire Department was in need of administrative help and it was determined that the City would employ her in the department on a return to work program. The attached Letter of Agreement and necessary establishment change were put in place. Once she retired the established position was to be deleted and the Letter of Agreement would no longer have any force or effect. ANALYSIS The employee retired on October 9, 2009 and the resolution of Common Council adopted in 2007 effectively deleted her position from the 2009 Establishment upon her retirement. Given this, the administrative positions in the Fire Department were reduced from three to two. However, when the 2010 establishment was prepared by Human Resources this position was considered vacant and consequently the position was retained in the establishment approved by Common Council. The administrative work demands in the Fire Department are substantial and there exists an ongoing need for the administrative position. Staff are therefore requesting that the vacant administrative position be confirmed in the 2010 establishment for the Fire Department. 251 RECOMMENDATION That Common Council approve the addition of one administrative position in the 2010 Fire Department Establishment to replace the position deleted by the retirement of the incumbent. Respectfully submitted, John J. McIntyre, CHRP Manager, Human Resources &atrick oo ds, CGA City Manager 252 LETTER OF AGREEMENT BETWEEN THE CITY OF SAINT JOHN, NEW BRUNSWICK "THE EMPLOYER " AND THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL NO. 486 "THE UNION" SUBJECT: This agreement is entered into on a Without Prejudice Basis and is not intended to prejudice either Party. Whereas _. commenced receiving a disability pension under the City of Saint John Pension Act (Pension Act) in January of 1999, and Whereas disability pension ceased in August of 2007 as the result of the board of trustees of the City's Pension Plan determining, based upon review of existing disability pensions, that was no longer entitled to receive one; and Whereas was left without her primary source of income as a result, and Whereas has sought re- employment with the City and the City is prepared to offer re- employment to her upon certain terms and conditions, Now therefore the City and the Union agree that: 1. The City's establishment for the Fire Department shall be increased by one position in the scope of Local 486 immediately upon the parties duly executing this agreement. 2. The City will offer in writing to employment in the Fire Department, specifically in the aforesaid position to be added to the establishment. 253 3. The provisions of the collective a (-rPPmPrt rAtween the City and the Union shall apply to employment with the exception that: (a) the position offered to her shall not be posted, nor will it be available at any time to any other member of the union. (b) should accept the aforesaid offer of employment, the position added to the establishment of the Fire Department as a result will be automatically deleted from the establishment should she leave the City's employment. employment with the City shall commence on Monday October 151h, 2007 in the event that she accepts the City's offer and the City and the Union have duly executed this agreement. SIGNED on this day of September, 2007. 254 93-31 COMMON COUNCtIJCONSEIL COMMUNAL SEPTEMBER 10, 2007/LE 10 SEPTEMBRE, 2007 5.14 That as recommended by the City Manager, the submitted report advising Council that change order was issued for $33,164. for the drain the work for the Allison Grounds Project, be received for information. 515 That as recommended by the City Manager, Common Council authorize Materials and Fleet Management to issue a Purchase Order to Saint John Energy in the amount of $55,000. to proceed with the work for the Red Head Secondary Access Road Illumination, as indicated in the submitted report. 5.16 That as recommended by the City Manager, the proposal of Ralph Smith Engineering Inc. for engineering services (design and construction management) for the Rothesay Avenue Complex — Emergency Power Upgrade project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.17 That as recommended by the City Manager, Contract 2007 -45: Reversing Falls Slope Failure be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $53,440. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.18 That as recommended by the City Manager. 1. The City or Saint John enter into the letter of Agreement regarding Lift Station #22 as attached to M &C 2007 -296 with Emera Brunswick Pipeline Company Ltd. for land identified as PID 415208;. 2. The City of Saint John enter into the "Option for Easement° agreement and, subsequently, the Easement Agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions submitted with report M &C # 2007 -298 for land identified as PID 415208; 3_ The City of Saint John enter into a "Temporary Working Room Contract' Agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions submitted with report M &C #f 2007- 298 for land identified as PID 415206; 4. the Mayor and Common Clerk be authorized to execute the Options for Easement and the Temporary Working Room Contracts, 5.19 That as recommended by the City Manager, Common Council increase the Establishment of the Saint John Fire Department by two positions, one each in Local 486 and Local 771, if staff is successful in arriving at satisfactory arrangements with two former employees, and further, the increase in the Establishment with respect to Local 771 be effective August 1, 2007, and that the increase in the Establishment of Local 486 J be effective September 5, 2007, and finally, that these two positions are automatically deleted from the Establishment in the event that those persons being placed in either of these positions leave the City's employment for any reason. 5.20 That as recommended by the City Manager, The City of Saint John execute the submitted documentation indemnifying the Port for use of their property for the Red Friday Support Rally. 5.21 That the letter from the Saint John West Business Association applying to have status as a Business Improvement Area, be referred to the City Manager. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. S. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Sandy et Diane Robertson, faisant part de lours preoccupations relativement a la securite sur I'avenue Woodward en raison de la circulation, soft transmise. au di'recteur genera[. 5.2 Que la demande de Uptown Saint John visant a faire une presentation de son budget soft transmise au greffier pour qu'il face une date de presentation. 255 REPORT TO COMMON COUNCIL M &C 2010 February 29, 2010 His Worship Ivan Court And Members of Common Council: Your Worship and Councillors: The City of Saint John SUBJECT: Request to Present to Council a) Trails and Bikeways Strategic Plan by the Terrain Group b) Infrastructure, Facility and Program Inventory Study by ADI Limited BACKGROUND: 1. Trails and Bikeways Strategic Plan by the Terrain Group On September 14, 2009 Common Council authorized city staff to engage the professional consulting services of The Terrain Group for the purpose of creating a comprehensive City of Saint John Trails and Bikeway Strategic Plan. Presently, the City of Saint John has a number of trails in various areas of the City, however, there is no interconnectivity and the trails are at various stages of development. This strategic plan will be used in the planning, construction and maintaining an active transportation trail network for the City of Saint John. This study is nearing completion and the Terrain Group is prepared to present their report at the March 15, 2010 Common Council Meeting. 2. Leisure Services Infrastructure, Facilities and Programming Inventory Study by ADI Limited On August 17, 2009 Common Council authorized city staff to engage the professional consulting services if ADI Limited for the purpose of undertaking an inventory study of the Leisure Services infrastructure, facilities and programming. The City of Saint John is in the process of developing a new growth strategy and updating the municipal plan. This study will serve as a technical background report that will effectively position Leisure Services with the municipal plan process and will guide the development of recreation into the future. ADI Limited is nearing completion of this study and is requesting to present their report at the April 12, 2010 Common Council Meeting. 256 These studies undertaken by the Terrain Group and ADI Limited will serve as technical background reports to the Growth Strategy and Municipal Plan process. Each report will guide the development of recreational services, facilities and infrastructure into the future. Following these presentations to Common Council the next step in the process is to refer each report to the Municipal Planning process for further input by the community. RECOMMENDATIONS It is recommended that Council refer this report to the Common Clerk for the purpose of scheduling presentations by: 1) The Terrain Group on the Trails and Bikeways Strategic Plan. 2) ADI Limited on the Infrastructure, Facility and Program Inventory Study. Respectfully submitted, Bernie Morrison, Commissioner Leisure Services Patrick Woods City Manager IMI, 257 i' \1s. j MU Blueberry Hill Nature Trust of New Brunswick and The Friends of Blueberry Hill �q Blueberry Hill owe, Ti,,eNature Trust aNeiv Rmnswiek Inc. Am" *71t j �e3 Sites naturels du Num&-Aruaswick Inc. RATUAE PRESERVES AND CONURVATION' EASEMENTS MiSEA rr VAT-LUE1 I ES ET YERVO TUDI-S iC0U7G?QfPE5 p I aaxw WYK. 'A.Zy W[ eras i.os- yAteaNOdl -V t- 41W is R u WFI vv I C K NO LIVE A U-B RU N5 W I CK p F I I pl:- jvYM jd6L ED '417'. 0, - C- h OU L E 17S5f F42m RvAr.,z - qaswm &-m&mTo Pro&2dwAr&9J am puiMm Us -A *- WMmeO (An""Ann PN-. CY*vms Background • Size 48.9 acres • One of the last undeveloped properties in the area • 5different habitat types • Beautiful waterfront 2 IF BiUMERRY HILL t� W-ft Ste iocati-o y- oea Aerial Map t � 4 Aerial Map - Blueberry Hill Property Jurne Y1, Z009 s 41.1 bstacles encountered Deteriorating culverts suffering from corrosion Access to the property - Liability Safety concern Environmental concern MM � Y Accomplishments to Date • Baseline report • Open Space and Trail Study • Three Public meetings • Public bird walk • Friends of Blueberry Hill support group was established • Botanical survey • Pledges received from Town of GB -W and Saint John Outdoor Enthusiast Club 263 i. �� 5 . _ V w , r __ t accomplishments to Date cont. Applied for multiple funding (-$11 OQ NTNB Board agreed to accept the property when funding for culvert removal received and 75% of stewardship funds raised; Friends of Blueberry Hill and NTNB launched fundraising campaign Blueberry Hill was recognized as an important area of Saint John in the Trails and Bikeways Study by Terrain - consulting company hired by the SJ Parks and Services 264 Open Space and Trails Study Results • Option A - Culvert removal, site restoration • Option B - Culvert repair /replacement, rustic non - motorized trail development and maintenance • Option C - Culvert repair /replacement and extensive trail network development M 265 Next steps • Raise stewardship funds • Take ownership of the property once funds received • Remove culverts • Build a walking bridge and enhance trail system • Continue involve community in stewardship and management of the property ai Trail Options Summary I1 I .Summary of the Three different Approaches to the Trail Treatment on the Property Designed by the Glenn Group - please see the report for more detailed information Option "A" Removal of the culvert and active encouragement of regeneration of the property into a natural state. Estimate includes site restoration to an environmentally sound condition. ➢ Returning the property to a more natural state ➢ Removing the culvert and actively encouraging natural regeneration ➢ Monitoring and removal of invasive and/or exotic species and allowing plant succession ➢ Restriction of access to the footpaths, therefore no maintenance ➢ Limited access to the waterfront ➢ Winter users would be left to their own devices to break ski or snowshoe trails because paths would not be open enough to get grooming equipment through. TABLE Capital -Cas *IonaA "— CulaertRenual Trails I Ouandy I Unn Pree Cost 4aies E r7env, Gak-$ CUWA Assessment $6,777 �l 3 G.CC6 $4,N3 -3a S 4.E9 CUN" r- phase 5ee qne r. 1 I $113,5 9a 5 11's.:LC k"MYal n" Figure 1: Option A - Culvert removal /site rehabilitation map and capital investment (cost includes site restoration) The general consensus at the moment seems to lean toward this option. As it stands the property seems to be used quite a bit for walking and running. At the very least, most people who were asked would like to see the property maintained and kept accessible as it is in its current state. The one stumbling block in this option is the removal of the culvert. While it will likely have long term benefits by returning the creek to a more natural state and permanently solve the "culvert" issue, it also has some drawbacks. First, the removal and creek bed restoration will be a significant undertaking and cost. Second, the majority of the property will be less accessible. This is not likely to be popular among local residents who enjoy the property now. Adopting this option could result a reduction in sources of community and funding support. 267 Trail Options Summary 12 In addition, reducing the accessibility to the property may actually cause more problems with fringe behavior — providing a perfect oasis for undesirable behavior. It may also result in more damage to the lowlands by forcing traffic down and across the creek as opposed to keeping it on the road. Option `B" Minimal improvement and limited access. ➢ Using the existing trail alignment with little improvement such as installing gates, signage, and addressing areas of the trail are in need of maintenace ➢ The existing trail is approximately 1,400 in in length. Of that length, approximately 1,000 in is the existing gravel road. The remaining distance is a loop that is a rudimentary footpath. With that, the existing trails would likely be classified as a Class "Y in the case of the gravel portion and a Class "1" for the remaining portion in their current states. ➢ A Class "Y trail is a "man altered" trail that would be wide enough for two way passage and maintained on an annual schedule. However, the gravel area under this scheme would be maintained as a Class "2 ", which is considered "infrequent grooming and maintenance every few years in response to problems. Class" 1" maintenance would be on an "as needed" basis to address unsafe conditions. ➢ Proper grooming for ski trails would be unlikely. Figure 2: Option B - Trail loop and minimal maintenance and capital investment ( note 2 options - culvert repair and replacement) Option `B" would result in a bit more human impact, but considering the level of impact the property has and will likely continue to be exposed to, it should not result in any significant amount of degradation from its current state. The property is actually in quite a fair state and short of a few areas, such as the "party area ", small amount of ATV tracks in the old fields and some junk on the shore, experiences little human impact. Most people using the property appear to remain on the footpaths that have already been established and the rest of the property is left alone. The only changes would be to make minor upgrades 268 Trail Options Summary 13 to the trail system for improved access and safety. This option involves maintaining the creek crossing and completing the trail loop along the upper bank on the shore to a link that will run along the south side of the property back to the established central trail. This option will allow for the establishment of an improved trail system that will allow it to become part of a larger network. It would also keep the amount of development impact to a minimum with only minor upgrades to the already established trails and improved access to the waterfront. Regeneration could still be encouraged on the property because, as stated earlier, most of the human impact involves use of the trails themselves. Therefore, the local residents could still remain physically connected to the property and experience the natural systems as they evolve. Costs may be comparable to Option "A" due to "A" still having the culvert cost associated with it. In addition, the likelihood of contributions from municipalities, groups, and associations would be higher because it would be seen as a more tangible amenity to be enjoyed by the community. Option "C" Network of trails that would create access to a wider cross section of users. Option "C" is the most intense alternative. This option proposes to construct a highly accessible trail system throughout the property and essentially establish it as a naturalized park. It would allow for multiple active uses such as walking, running, and biking. This option also would include maintaining the creek crossing and would also have the added expense of trail construction and maintenance. However, the improvements proposed could be coordinated with the Trail Council, local groups and municipalities to assist in securing funding and resources. If the trails were part of the Sentier NB Trail system, they would be covered for maintenance and liability for a small annual membership fee. This option would also be fit well with the alternate access road proposed by GBW. The establishment of spine road through the site would offer better access alternatives to be explored. That being said, this type of property would be well outside Nature Trust's typical mandate of preserving and maintaining properties in their natural state. The impacts to the property would be higher and regeneration would not be as feasible — more likely the property would be maintained in a static state. It would, however, provide a significant amenity to the area and would be a great addition to the area's active transportation network. Figure 3: Option C - Multi -use trail system and capital investment ( note 2 options - culvert repair and replacement) 269 310M 2%mud= 1r r c.r2. slut: Y.thnmkmh r4— kJ.—S Trail FFL Wp k% '4.— uL,Qaew 1]5ml SW SY m.' e,.. &I xoq m 1..7'.0 rN Asa m 521Lgn $.IAA m S 43,771 $, 15i5m � r mI ."m Lllsl'k Uo l2.w ml 7.Z*U FSdI M,12; mF MV .a m m C tbeA sig— F'ho Opl dd [imtia UlIkId Ink. S Ulm W Ji 4kV1 4T,50O P-A hwu Bq— 95ou as 4 4 .tm c.e.. C"J. -L lu.aa.m�.ai I�.tpr ry r a i ca PM— L7, Iti`is % 12Tar 3 T,'t&1 cuU t dl +hliiian)ld Sri M 7PI .. Y LYa%� 4ai,M FJnloe 0 We ea S 4goo Figure 3: Option C - Multi -use trail system and capital investment ( note 2 options - culvert repair and replacement) 269 " Fu.l.wl kh-ri 5pila Low" wi mr .5.96rre' 1 SRfF �eLL'ta' m � 14,41f1 Lllsl'k Uo l2.w ml 7.Z*U BYf,IIULI 3,Wq.m fxl -sh ;L3.) TM i1.DGa *256h4m 4T,50O Ay m Ste- Dm.,4,.';wjwd FC r4Wh 41 f97t1 ao f LYa%� 4ai,M FJnloe 0 We ea S 4goo $ C."d ekl BArl au $ d fffl AcaeenmJnk r,,.rart I` peaact xsa QIICfG in ■ i5 d06m i 1 "We RtNir a21, TOM M.W Figure 3: Option C - Multi -use trail system and capital investment ( note 2 options - culvert repair and replacement) 269 Trail Options Summary 14 Recommendations: The Advisory committee selected the " option A and B ". From the perspective of public who attended public meetings and events, they prefer option B as well. The property is used for recreational activities and the community members who expressed an interest stated that they would like to see the property in the natural stage. They are not against the Option A - removal of the culvert but their main concern is that the public will not have access to the remainder of the property and the project will not gain as much future public support. It is clearly unfeasible for the Nature Trust to adopt an Option C. This option requires the highest capital investment and does not meet the requirements as a nature preserve. 270 Blueberry Hill I1 Blueberry Hill Property Report prepared by: Renata Woodward Size of the property: 48.9 acre PID #: 00295279 Owners: WorkSafe New Brunswick (WSNB), the owners of the property and the WRC have offered to turn ownership of the property over to the Nature Trust of New Brunswick (NTNB). Memorandum of understanding was reached and signed by WSNB and NTNB in October, 2008. Location: The Blueberry Hill property (PID 00295279) is an undeveloped property that is located east across the railway tracks behind the Worker's Rehabilitation Centre (WRC) at 3700 Westfield Road. Figure 1 and 2: Saint John River water front and meadow in Blueberry Hill respectively Nature Trust of New Brunswick (NTNB) is an incorporated, charitable land trust, founded in 1987. Since its early days the Nature Trust's main goals have been to protect those areas in New Brunswick that are ecologically significant, and to educate New Brunswickers on the importance of land conservation and the province's natural heritage. Our focus is on acquiring private lands and ensuring that the biological diversity is protected in perpetuity. Since 1987 the Nature Trust has helped conserve thousands of acres of land throughout the province. It is our mandate to manage these lands while maintaining healthy ecosystems, diversity, native species and their habitat. At the same time the Nature Trust researches areas with high ecological sensitivity, undertake outreach and education through landowner contact and events, promotes sustainable stewardship practices, and involves communities in the monitoring of our properties. Property Description: Blueberry Hill is one of the last undeveloped properties in the area. (Figure 1 and 2) This property contains five main habitat types. 1. Graminoid meadow and small brook. In the south a large wetland complex borders Henderson Brook. This has at times been modified by beaver activity. 2. Dry open old field that is in various states of forest regeneration. 3. Shrub wetland found along the western portion of the property. Composed mainly of young Red Ash, Mountain Ash and Speckled Alder. 4. The northern portion of the property that covers the hillside sloping down to Grand Bay shoreline is dominated by mature Red Spruce which are frequently 40 -50 cm in diameter at breast height and White and Red pine. 5. Rocky shoreline and outcrop along Grand Bay (B &B Botanical,2009). 271 Blueberry Hill 12 Accomplishments to date: Since October, 2008, the Nature Trust has become active in the area and following steps /tasks were completed: ➢ Baseline report completion. ➢ Crane Mountain Enhancement Fund - $11,000 grant received to complete the Open Space and Trail Study. ➢ First Public meeting in Grand Bay - Westfield, about 65 participants from Saint John and Grand Bay - Westfield expressed a great interest to protect the BH property. ➢ Town of Grand Bay - Westfield has made a $5,000 pledge towards the stewardship fund. ➢ Saint John Outdoor Enthusiasts Club contributed $1,000 pledge towards the stewardship fund. ➢ Glenn Group was hired to complete the Open Space and Trail Study. ➢ Advisory Committee consisting of several board members, staff and local representatives was formed to oversee the study and the progress of this project (Total of 8 people). ➢ Committee meeting with the Glenn Group consultant discussed the report and made recommendation. ._ ➢ Public event in form of Bird _ - -j walk was carried out with the attendance of 5 esl M3TSh 0 N t,. pre=ens, rt6aan.a NYBU. approximately 40 people 0 pmposed ],,d don n ( ➢on propose 4 0 P, �p[C ry L-d from City of Saint John and M anawagonesh Islantl 7 d® to C— pmvin . a N & Coe my iC—da Town of Grand Bay - 1 v i C� de b N�.e C_do o cks uncmted / Cono+dc dr,.2a: Westfield. 4V\ ' y ➢ Second public meeting was w�.k. held in Saint John - Rockwood Park. An action plan was discussed and assembled. The best option for the Blueberry Hill was discussed and selected. The Friends of Blueberry Hill support group was established in order to help with fundraising and future stewardship if property accepted by the Nature Trust. This group consist of people from City of Saint John and from the Town of Grand Bay - Westfield. The group currently consist 28 members. Figure 3: Location of Blueberry Hill Property 1, ➢ At a community wide meeting, the River Road community Alliance, Inc. unanimously passed motion in support of the Blueberry Hill project. 272 Blueberry Hill 13 ➢ Several groups in the Westfield Road area of Saint John have been approached to show support of this project - Scouts groups, Crane Mountain Enhancement Fund, Outdoor enthusiasts club and many individuals provided NTNB with letter of support (Please see attached letters). ➢ Botanical Survey was completed August 2009. The Blueberry Hill property possesses more than 178 species of plants including an "impressive stand" of mature red spruce. In addition, the Anticosti Aster "Aster anticostensis ", a threatened species, was potentially found (the specimen's identification is being confirmed by an outside source) along the shoreline. Figure 4: Blueberry Hill Property 1a ➢ September, 2009, Open Space and Trail Study was completed outlining three options. These options describe characteristics of the property and provide recommendations of potential trail configurations along with the subsequent cost of installation and maintenance. (Please see report outlining summary of options). ➢ October, 2009. Presentation for council was requested. ➢ November, 2009. Nature Trust has applied for several funding sources to remove the culverts and restore the Henderson Brook and wetland ( — $110,000). ➢ October, 2009. NTNB Board of Directors made a motion that once the culverts issue is dealt with the Nature Trust will take over ownership of the property. ➢ December 2009. Friends of Blueberry Hill public meeting was held. It was decided that the Friends of Blueberry Hill together with the Nature Trust will work towards raising $35,000 in pledges for the stewardship fund that is necessary to establish prior acceptance of any property by the Trust. This fund will be managed by NTNB and will provide for any future stewardship costs of the property. January, 2010. The NTNB Board passed a motion that the Nature Trust will accept the property once the funding for culvert removal is in place and 75% of the stewardship funds in pledges are raised. 273 Blueberry Hill 14 ➢ Friends of Blueberry Hill Fundraising Committee Meeting -January 28, 2010 - fundraising development plan was established in order to raise stewardship funds that are required to raise prior Nature Trust take ownership of the land. The total amount is $35,000. So far we raised $6,000 or 17 %. Current Conditions and obstacles The property was once a farm, intended to be a cattle quarantine area by the Federal government prior to being given to WSNB. The property has not been cultivated for some time and is in an multiple regeneration stages of reverting to a natural area. The mature coastal forest and presence of Anticosti aster makes this property ecologically significant. This property has existing trails (Figure 3) that consist of a gravel road which dissipates to a narrow trail. The narrow trail is fairly rustic but according to the public it is the preferred walking trail. The DOE database was searched for property -based environmental information and the parcel does not contain any indication of environmental degradation. The Blueberry Hill Property has been identified as an important area in the "Saint John Trails and Bikeways Study" by the Terrain consulting company hired by the Saint John Parks and Services Department. Public Relations The Town of Grand Bay - Westfield has already expressed an interest in contributing to making the property a natural amenity for the area and connecting it with their local trail system. In addition, the Town would like to use a portion of the property to construct an alternate connection to Shannon Road that would act as an emergency access route across the railway tracks should the Station Road railway crossing become blocked. The Town has suggested that they would be willing to provide a parking area on Shannon Road for the trail users. The City of Saint John does not appear to have active plans for this area yet. The City has, however, been quite receptive to creating a dialogue regarding future plans for Blueberry Hill and its potential as a green space. In addition, the City has been quite active in recent years in establishing and revitalizing open space /amenity areas for its residents. Unfortunately, most of the prominent projects have focused on the City core. The community is extremely supportive of this project and perceives the Nature Trust as a great owner. Henderson Brook Culverts: The main obstacles to establishing a nature preserve on Blueberry Hill are the two culverts across Henderson Brook. There were several engineers and consultants who visited the site and provided the Nature Trust with an estimate for the culvert removal, replacement or repair. These estimates revealed that the only feasible option for the NTNB is to remove these culverts and restore existing Henderson Brook and associated wetland if necessary. NTNB applied for funding to remove the deteriorating culverts, complete stream and wetland restoration through proper data collection and through self - sustainable design that will thrive for the highest ecological integrity. This project will also allow for installation of native species and bank stabilization. The outcome of the culvert removal will stop the current degradation of the stream and wetland. This project will return this area into a resilient and self - sustaining natural system that will be able to accommodate stress and change. The area will provide improved habitat for native fauna and flora. The completed project will provide local schools, youth groups, and the general public with environmental education through signage on the trail that leads to the wetland. Once the culverts are removed and 75% of stewardship funds raised, the Nature Trust will take an ownership of the property. We will construct a walking bridge across the Henderson Brook and ensure that the land is accessible buy the public. 274 Blueberry Hill 15 Figure 5 and 6: Culverts How can City of Saint John Assist the Nature Trust and local citizens who would like this property conserved: 1. Provide Nature Trust with Stewardship Fund that exceeds or match the Town of Grand Bay - Westfield's contribution of $5,000. The Nature Trust is unable to take ownership of the property prior raising 75% of the $35,000 stewardship fund. 2. Provide Nature Trust with in -kind support in one or more following needs ➢ Equipment use for culverts removal ➢ Material necessary for repairing the banks - riprap ➢ Engineer expertise ➢ Bridge construction ➢ Material for bridge ➢ Trail Development ➢ Trail Maintenance 3. Provide Nature Trust with financial assistance to remove culverts, re- establish the Brook and associated wetland, construct bridge and extend trails. 275 V CRANE MOUNTAIN _ENHANCEMENT INC. Box 3263, Grand Bay - Westfield, E5k 4V8 October 16, 2009 The Nature Trust of New Brunswick P.O.Box 603 Station A (404 Queen St., 3rd floor) Fredericton, NB, E3B 5A6 Attention: Renata Woodword -1 At our Oct 13th meeting, the Board of Directors of Crane Mountain Enhancement Inc. voted unanimously to support The Nature Trust of New Brunswick in their efforts to obtain ownership of the Blueberry Hill property, to preserve it in its natural state and make it accessible to the public for passive recreation. Yours truly, Thomas Simpson Chair, Crane Mountain Enhancement Inc. 276 2009 -11 -18 To: The Nature Trust of New Brunswick To whom it may concern. From: Michael Dillon Ph.D. P.Ag(Ret) This is to confirm that I am a volunteer with the Nature Trust and a Trustee Emeritus. I served for 9 years as a Board of Trustees member, 2 of them as President in the 1980's. I have a doctorate in land resource management from Cornell University and worked as a land use specialist with the New Brunswick Department of Agriculture for 24 years before retirement. I am willing to work 50 hours, and more, as a volunteer with the Nature Trust assisting them on projects, including the acquisition and management of the "Blueberry Hill" property. Michael J. Dillon 277 90 Lawrence Long Road Saint John, NB E2M 5Z6 The Nature Trust of New Brunswick 404 Queen St. 3rd floor (at York) P.O. Box 603, Station A Fredericton, New Brunswick E3B 5A6 Canada Attention: Renata Woodward RE: Participation with Blueberry Hill, Saint John Dear Renata This is to confirm that I am available to provide 50 hours of volunteer time towards the Blueberry Hill project. As the President of the local community association (River Road Community Alliance), I will be working with the members of our community to gain volunteer support. I look forward to working with you on this important project. Sincerely, Mike Bonga 278 October 30th' 2009 Dear EcoAction Selection Committee, Re: In -Kind Support to the New Brunswick Nature Trust for Henderson Brook and Wetland Restoration Project This letter is a confirmation that Ducks Unlimited Canada will provide in -kind contribution to the Nature Trust of New Brunswick outlined in the EcoAction Proposal: "Henderson Brook and Wetland Restoration involving the local communities ". The in- kind support is $550 for staff time. We are pleased to support this project and look forward to continuing to work with the Nature Trust of New Brunswick. Sincerely, Adam Campbell New Brunswick Conservation Program Specialist Ducks Unlimited Canada 752 Union St., Fredericton, NB EM 3P2 Ph: (506)- 458 -8848, Fax: (506) 458 -9921, E -mail: a_campbell @ducks.ca, Website: ducks.ca 279 �TZv4k� kmi Ti November 5, 2009 To Renata Woodward, Nature Trust of New Brunswick My name is Gary Mittelholtz. I'm a resident of Grand Bay - Westfield and have been involved with the Blueberry Hill property as a member of the local advisory committee. We've just formed a'Friends of Blueberry Hill' group involving people from the local community, both Grand Bay - Westfield and Saint John, and I've agreed to chair this organization. I'm recently retired from CBC where I spent over 30 years working as a broadcast - journalist and host on CBC Radio and TV. I'm currently the publisher- editor ofRiverValleyNews.ca, a community newspaper and website covering the area from West Saint John to Gagetown . I'm also a new media content creator, producing audio and video for the web and traditional distribution. One of those projects is a podcast called Doing Stuff Outdoors, a program for outdoor enthusiasts. I've produced over 100 programs and the show is averaging about 8,500 downloads a month. My main contribution to the Blueberry Hill project is in the communications area. I've already published a number of stories and updates on this project in the newspaper and online. I will continue to cover this story and keep people informed about the project. As a member of the 'Friends' group, I'm willing to help with planning, fund raising, trail building, etc, whatever is needed to make this project happen. As an avid outdoor enthusiast, I want to see this property preserved and enjoyed by people for generations to come. I will contribute what I can to help make Blueberry Hill a reality. Sincerely, Gary Mittelholtz, Publisher - Editor RiverValleyNews.ca PO Box 3069 Grand Bay - Westfield, NB E5K 4V3 Phone: 217 -0224 Fax: 217 -0225 rivervalleynews.ca 280 PAR IS H geomorphic October 29, 2009 Conservation Program Director The Nature Trust of New Brunswick P.O. Box 603 Station A (404 Queen St., 3rd floor) Fredericton, NB E3B 5A6 346 Queen Street, Suite 203 Fredericton, NB E3113 11132 Phone: (506) 472 -8440 Fax: (506) 472 -6250 Re: In -Kind Support to the New Brunswick Nature Trust for Henderson Brook and Wetland Restoration Project Dear Ms. Woodward, Parish Geomorphic Ltd. would be pleased to provide you with in -kind consultation costs of $7,500.00 for the Henderson Brook and Wetland Restoration Project. The in -kind support provided by Parish for this project is contingent on The Nature Trust of New Brunswick receiving funding for this project. Sincerely, (Digitally signed) Ron Jenkins, AScT Aquatic Habitat and Restoration Specialist 281 GC16 6 32 4999 WHSCC WHSCC /CSSIAT Catherine Stanley 130 Park Dr. Rothesay, NB E2H 2S6 To whom it may concern: 04.50:07 p.m. 11 -18 -2009 Nov. 18, 2009 I am willing to contribute 50 hours or more towards the Blueberry Hill Project in Westfield / Grand Bay with Nature Trust of New Brunswick. Yours, Catherine Stanley 282 12:22 536 6Z2 4'H99 M P. !_11 Town of Grand(Bay-Westfiefd Mayor Grace Losier 609 River Valley Drive • P.O. Box 3001 • Grand Bay - Westfield, N.B. • E5K 4V3 Tel: (506) 738 -6433 • Fax: (506) 738 -6424 • losier @town.grandbay- westfield.nb.ca November 3, 2008 Margo Sheppard The Nature Trust of New Brunswick PO Box 603, Station A Fredericton, New Brunswick E3B 5A6 Dear Ms Sheppard: On behalf of the Council of the Town of Grand Bay - Westfield, I wish to congratulate you on the recent announcement of a Memorandum of Understanding signed between the Nature Trust and WorkSafeNB. The Town is proud to be a partner in this initiative to conserve such a pristine natural area to the benefit of the local area and particularly for our residents. The area is a haven for wildlife and will be a natural addition to our own Restoration Area at the outfall of Henderson Brook into the Saint John River. The Town has established a Waterfront Development Plan which identifies other significant wetlands such as those found on the Blueberry Hill Site. The Town has undertaken to protect these areas and has actively sought financial partnerships to enhance native planting, encourage waterfowl nesting, and to educate the public on the importance of these resources within our community. We would like to work with you in the development of this site, through physically developing the access into the site through Town property. We would further like to support your initiation of a Stewardship Fund Raising Campaign by indicating our intention to provide a $5,000 contribution to launch the campaign in 2009. We have noted your efforts in 2008 to solicit funding through the local Benefits Fund and we are willing to provide a letter of support for a second 08Mayor. Nature Trust http: / /www. town.grandbay- westfield. nb. ca 283 NATURE TUST OF NEW BRUNSWICK NOVEMBER 3, 2008 application to the Crane Mountain Enhancement Fund for this project within the Host Community, which includes Grand Bay - Westfield. Council is honoured to have your proposal to establish a Nature Trust property within our community and we will actively work with you to ensure the project is a benefit to not only the residents of our town but the province as a whole. Sincerely, Grace Losier Mayor GL /lt 08Mayor. Nature Trust 284 Susan West, 5 River Bend Court, Grand Bay - Westfield, N.B. E5K 3J3 November 4, 2009. The Nature's Trust of New Brunswick, P.O Box 603, St. A, Fredericton, N.B. E3B 5A6 I am a resident of Grand Bay - Westfield and enjoy the outdoors and all it has to offer in our community. Another protected green space as Blueberry Hill in our Town for all surrounding residents to enjoy would be a terrific addition. I was an active member in the Benefits Council/ Crane Mountain Enhancement committee representing residents concerns for 10 years during the development of Crane Mountain Landfill. I have participated in the Beautification Committee and recently in a residents group concerned with development in our Town. I look forward to working with the Committee to further the development of this exciting project with the expected 50hr. Commitment. Yours truly, Susan West. 285 November 4, 2009 Dear EcoAction Selection Committee, Re: In_Kind Support to the New Brunswick Nature Trust for Henderson Brook and Wetland Restoration Project This letter is a confirmation that interested volunteers will provide in -lgnd contribution to the Nature Trust of New Brunswick outlined in the EcoAction Proposal: " Henderson Brook and Wetland Restoration Involving the Communities of Saint John and Grand Bay- Westfield ". In -kind support will be 15 -20 hours per individual directly helping with this project. This project will benefit both of our communities, Saint John and Grand Bay - Westfield. We look forward to work with the Nature Trust of New Brunswick and the Friends of Blueberry Hill support group. tflGvA%) i br,t <E� cRbnek:- V, 1b. "- !�. L nn Caull ver 286 '73,t- k� 19 6S M /41 L> r �d.eq co, . r. cam 1 - ah n r.yll vtyo�pb' cup. Name Si nature Phone number 1 o VJ LSd� (,j ;(64. '7'5'9 6 7 8 (frame 4 5 6 ) 7 9 10 ?)q 12 Curo [ Ate,,, p Q rPCt auk . 7 - 3 7 7 13 — -- !�. L nn Caull ver 286 '73,t- k� 19 6S M /41 L> r �d.eq co, . r. cam 1 - ah n r.yll vtyo�pb' cup. 9.1 (0,) BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 208 immediately after Section 207 thereof, as follows: * The City of Saint John does hereby stop up and close permanently the following portion of highway: WELDON AVENUE: That a portion of Weldon Avenue a 20.12 metre (66 foot) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick designated "Weldon Avenue (Public) " on a subdivision plan titled: "Subdivision Plan Kathleen LeBlanc Subdivision, Parish of Simonds, City of Saint John, New Brunswick" dated January 25, 1984 assented to by the Common Council of the City of Saint John on January 3, 1984, approved by the Development Officer on January 26, 1984, approved by the Director of Surveys on January 30, 1984 and filed in the Saint John County Registry Office on Jan. 31, 1984 as Number 1592. 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. 2010 and signed by: Mayor /Maire ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a decret6 ce qui suit : 1 Par les presentes, 1'arret6 de The City of Saint John intituld, a L'arrete sur ]'interruption de la circulation et ]a fermeture des routes dans The City of Saint John », decrete le 19 d6cembre 2005, est modifi6 par l'ajout de ]'article 208 iinmediatement apres I'article 207, comme suit : * .Par les presentes, The City of Saint John barre et ferme de fagon permanente la portion d'une route suivante : AVENUE WELDON : Un trongon de I'avenue Weldon, une route publique d'une largeur de 20,12 metres (66 pieds) situee dans The City of Saint John, dans le comtd de Saint John et dans la province du Nouveau - Brunswick, connue sous le nom de << avenue Weldon (rue publique) », telle que d6limit6e sur un plan de lotissement intitul6: ((Plan de lotissement Kathleen LeBlanc, paroisse de Sin:ond s, The City of Saint John, Nouveau- Brunswick)) date du 25 janvier 1984 et sanetionne par le conseil communal de The City of Saint John le 3 janvier 1984, approuve par 1'agent d'amenagement le 26 janvier 1984, approuvd par le directeur de I'arpentage le 30 janvier 1984 et depose au bureau de 1'enregistrement du comt6 de Saint John, le 31 janvier 1984, sous le n° 1592. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrete le * 2010, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 287 STREET CLOSING WELDON AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, March 1, 2010 at 7:00 p.m. to stop up and close the following highway: WELDON AVENUE: That a portion of Weldon Avenue a 20.12 metre (66 foot) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick designated "Weldon Avenue (Public) " on a subdivision plan titled: "Subdivision Plan Kathleen LeBlanc Subdivision, Parish of Simonds, City of Saint John, New Brunswick" dated January 25, 1984 assented to by the Common Council of the City of Saint John on January 3, 1984, approved by the Development Officer on January 26, 1984, approved by the Director of Surveys on January 30, 1984 and filed in the Saint John County Registry Office on Jan. 31, 1984 as Number 1592. The proposed amendment of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. 288 FERMETURE DE ROUTE AVENUE WELDON Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'c< arret6 concernant la fermeture de routes dans The City of Saint John » lors de la reunion ordinaire qui se tiendra le lundi 1 mars 2010 ii 19 h afin de fermer et de barrer la route suivante : AVENUE WELDON: Un trongon de I'avenue Weldon, une route publique d'une largeur de 20,12 metres (66 pieds) situ6e dans The City of Saint John, dans le comt6 de Saint John et daps la province du Nouveau - Brunswick, tonne sous le nom de ((avenue Weldon (rue publique) », telle que d6limit6e sur un plan de lotissement intitule : « Plan de lotissement Kathleen LeBlanc, paroisse de Simonds, The City of Saint John, Nouveau- Brunswick)) date du 25 janvier 1 984 et sanctionne par le conseil communal de The City of Saint John le 3 janvier 1984, approuve par 1'agent d'am6nagement le 26 janvier 1984, approuve par le directeur de l'arpentage le 30 janvier 1984 et depose au bureau de l'enregistrement du comte de Saint John, le 31 janvier 1984, sous le n° 1592. Toute personne interessee peut examiner le projet de modification de la route decrit ci- dessus au bureau du greffier communal a 1'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. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussign6 a 1'h6tel de ville. .� L_! ..ic fir. ..r •• .,. r 9., •,.��,� " ..'g rr. ,. rr. •�_; y V -•" �.:: C� +; �rY•,; ,.W,, {SSI�: aka.. ��•• . �'• r;4; °• ri.'i¢'Y'' i`� • �s ,t t�`•r.'�:. 1 `� •+. °J:n , r.' ;°`i' ' _:s- 'fir {�S•a ��• • +��' - .a�l.,yi.Y•`. ; .T'�h. 0, �i:� i.. ' d .'R . �•�.i-. jj��{ . ��. �.a,.' '� *{ ' A•• :i ::�;•.: S ._ ,�iti "s "i `yam ��. ". �f,^��„«y`% '[ Ira �,Q }` ! •. •' � "• , �yj' f .. .'xf •�\ / //�` V i '� IH inli�FrtlM 1E.11 :gl, -� any i • J • • i Q cr ta •. : «w ?' a "sue °:t '> Ilse« :6�g- �e M5 o a ; d �1 r r E ' , ; 289 5 Cf+i;rnl: T P PEEL PLAZA PROJECT PERFECTION IS OUR GOAL EXCELLENCE WILL BE TOLERATED February 24, 2010 M &C - 2010 -57 Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Re: Proposed By -law Amendment to Stop Up and Close a Portion of Hazen Avenue Background On April 14, 2009 Common Council gave first and second readings to a new by -law amending By -Law Number M -23 a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John regarding a portion of Hazen Avenue. Third and final reading was tabled until such time that the street stopping -up and closing could coincide more closely with the start of construction for the Saint John Law Courts. The tender closing date for foundations and steel for the Saint John Law Courts was February 25, 2010. The Province intends to award a contract (should bids received be within the budget established) shortly after tender closing and mobilize the site within the first two weeks of March. As such, Council is requested to provide third and final reading of the proposed by -law amendment to allow that portion of Hazen Avenue to be stopped up and closed. Respectfully submitted, Wm. Edwards, P. Eng. Project Manager Peel Plaza Project Ijaf I . �•C atrick Woods, CGA City Manager SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saint ohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 r 1 290 BY -LAW NUMBER M -23 A BY-LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: I A by -law of The City of Saint John entitled, "A By -law Respec&g The Stopping Up and Closing of Highways in The City of Saint John ", enacted on the nineteenth day of December. A.D. 2005, is hereby amended by adding thereto Section 204 inmwdistely after Section 203 thereof; as follows: 204 The City of Saint John does hereby stop up and close permanently the following portion of highway: HA2E14 AVENUE: All that portion of Hazen Avenue, an 18.29 metro wide public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,387 square metres and more particularly shown on a Plan of Survey, dated March 6, 2009 attached hereto. 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. 2009 and signed by: Mayor/Maire AR"T9 No M413 ARRftt MODMANT L'ARjd- ' SUR L'naM 'ION DE LA CIRCULATION ET LA FERMETURE DES ROB DANS THE CITY eF mw JOHN Lots d'mte r&Won do eousail communal, The City of Saint Join a ddcrttd ce qui suit ; 1 Par in *sontcs, l'affetb d@ ThQ City of Saint john indtW6, «L'wW ffu 11iaterruptiou de la eiNlatloD 0 la fetmetu re des routes# daus The City of 661 John v, d6ardtd la 19 460a o 2005, 99 modind par rejout de 1'WA91@ 204 ingnWatemont aprds 1'01010 20% QOMW suit: 204 Par In prfterfa, `ba City of Sault John bane at fetmo do fqen pa==% l@ portion dune route suivante ; AVENUE HAZEN t Touto to Panic d@ 11avenue HUM dram une Me Pubhge@ dime largeur do 1 5,29 MWN alter dW The City of Saint John, dare It wwA do Saint John at dmu la provinee do 1* ORYON= Bnmwick, dune aupafl@io d@ 1387 mitres e417a, Pius PATUG&MM ddlimitde our le pla_u d%M01W MOW dat6 du 6 mare 2009• EN FOY D8 QUOL The City Of 6991 JWM a fait apposer eon aecu mmmul ow 1@ prdsent arr&6 le ** ** * * ** 3009, avoe IN signatures suiventea Common Clerk/Groff e eomrnuale First Reading - April 14, 2009 Premidre lear< ra • le 14 ovril 3009 Second Reading - April 14, 2009 DmW6me lecture - It 14 avril 2009 11drd Reading - Troisidmo lecture - 291 110,01 ..d.' W01 Sao y..� CA t "► ` appall OPP- II Ik I w p r at� as 4 .°' -° for mod Opp OOOP �.. O .4 ilrt,fsesM:�4 3fW.cres:.nla syc.�. -•.1 �i do 1 :Rra��a✓`n- cr C.ams Aura r era bwa.m 04 ! d+r. K .. err a Ma.r•t... AA ffm a m.r W. 7 1 EK.rf.•. a.I ■ � CN irhL+ r.IW r. iwir r L Mn�. "rot 29!07 AN / j rte.. s�e.rw red w a.iic b.rr er r� ..Me.+ PW II�e.e w .tfe+r fy� I.en +M►++a. Avg at ffi�w V4"4 0600 cmxm=ftm Po~ bommill" Y I+ -rd4 . r 1 AN da "awes d we ow a 'w�t� •�Ow r iyuW aru rr • �� ii �f1Ya d Jiill lYM � _• Y i- ll��irf�.ataa��.�. atdrrrrdmolaw4 trr�rrAfi&.� i�rel:e �o tee Wok Vrw 0.2 BY -LAW NUMBER C.P. 110 -136 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 2.2 hectares, located at 130 Gault Road, also identified as being a portion of PID No. 00403618, from "RM- I" Three Storey Multiple Residential to "TH Townhouse - 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. 2010 and signed by: Mayor/Maire ARRETE No C.P. 110 -136 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6crete ce qui suit : Uarret6 sur le zonage de The City of Saint John, d6cr&6 le dix -ncuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superficie d'environ 2.2 hectares, situde au 130, chemin Gault, et 6tant aussi une partie du NID 00403618, zone d'ddifices a logements multiples de trois 6tages uRM- 1 > a a zone de maisons en rang6e « TH » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arretd. EN FOI DE QU01, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrete le 2010, avec les signatures suivantes Common Clerk/Greffier communal First Reading - February 15, 2010 Premiere lecture Second Reading - February 15, 2010 Deuxi6me lecture Third Reading - Troisi6me lecture 293 - le 15 fevri er 2010 - le 15 fevrier 2010 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John r, } t t�v .I 1. FROM I DE TO 1 A RM -1 TH Three Storey Multiple Residential Town_ Townhouse 1 Zone de maisons 1 Zone d'edifice A logements en rangee multiples de trois etages Applicant: Galbraith Construction Ltd. Location: Portion of/de 130 chemin Gault Road PID(s)INIP(s) Portion of/de 00403618 06N55SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: February 25 fevrier, 2010 Considered by P.A.C.Iconsidere par le C.C.U.: February 9 fevrier, 2010 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistr& le: By -Law #IArrete #: 294 > February 16, 2010 To Mayor & Council: issue: Lancaster Avenue property Issue context: This property which has been in an incomplete state for many months still remains a major "eyesore" to the residents of West Saint John. Discussions have taken place on this important file, but now we need to make some decisions regarding the future of this property. Discussions on this file have not led to this property being improved upon. This property represents a wonderful opportunity to increase our tax base and enhance the quality of life for West Saint John. I need solutions for this urban challenge. motion: That the City Manager present to Mayor & Council a solution -based document to rectify the property challenge on Lancaster Avenue. A report in one months" time is requested. S' erely f Councillor Peter McGuire l� SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41-1 295 i€ "lei +.i February 11, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Tracking of Council's Motions On October 30, 2008 1 submitted the following to Common Council: "1 feel it is necessary for the city manager to create a systematic and routine way to communicate with Common Council on work ,being done in response to motions made by Councillors. I believe regular and consistent reporting between staff and Council in regard to this matter will facilitate a greater level of efficiency and accountability. I recognize that some motions include "time frames" which addresses the question of when staff should be prepared to have the motion's work completed. Every motion, however, should be "tracked" and have realistic time restrictions applied. Motion: I propose that the city manager present on a regular basis progress reports to Council in regard to motions passed by council. These reports, whenever possible, should include realistic time frames and deadlines for the completion of work." This motion was passed unanimously on November 3, 2008. Currently, I have the following concerns with regard to motion quarterly reports: 1. Time frames for the completion of work with regard to motions of Council have not always been identified. 2. Updates on the status of incomplete work with regard to motions made prior to January 2009 do not appear on the Motion quarterly report. lr SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwwv saintjohn.ca I C.!? 1971 Saint John, N. -B. Canada E2L 4L1 296 3. Motion quarterly report omissions. Specifically, Council's motion with regard to conducting a review of the hiring practices of the City of Saint John in relation to persons with disabilities was omitted from the most recent report. Motion: The City Manager will ensure the following with regard to Motion quarterly reports: 1. Time frames for the completion of work for each motion of Council will be included. 2. Updates on the status of incomplete work with regard to motions made prior to January 2009 will be included. 3. Insure the inclusion of all motions of Council by first correcting any current omissions. Respectively Submitted, Councillor Snook 297 P�1 • 1 February 25, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Vacant and derelict by law implementation In August 2008, Saint John City Council began a process to create a strategy to reduce the number of vacant and derelict buildings around our city. Our Building Inspection Department was given a directive from council to take a more aggressive approach in dealing with this issue. In April 2009, Council affirmed a newly written by law. Since then, Council appointed Councillor Peter McGuire to work with the Provincial Government to get this new legislation passed. In my opinion, we should be prepared to "hit the ground running" upon the passing of this legislation. I believe city staff should immediately begin preparing for the implementation of this new by law. It is critical the city prepare preliminary estimates on the level of funding that will be required to adequately resource this work. Taking this "next step" will ensure that our new by law doesn't just "sit on a shelf'. SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saint ohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 298 Motion; I propose that upon the passing of the above mentioned legislation, the City Manager will present a report to council on the level of funding that will be required to adequately resource the implementation and enforcement of the new vacant /derelict buildings by law. Respectively Submitted, Councillor Donnie Snook 299 ti '1 i'.0t fjo Dfsamtwn February 26, 2010 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: The criteria for Snow Ban parking street exemptions be altered to allow for multiple vehicles at a home until the homeowner has had a reasonable amount of time to alter their property to accommodate parking for all of their vehicles. In one motion in the fall, Council made it illegal for several Saint John homeowners to own a vehicle and park it in front of their home. While we have made allowances for other situations that have come to our attention, the criterion stating that only one vehicle should be expected per family home is not reasonable at this time. When Council passed third reading of the bylaw in the fall, we effectively said to people that they had to IMMEDIATELY spend money to alter their property, sell their vehicle, move or walk a distance greater than "one or two blocks" in order to park. A recent example: A family with three vehicles has been parking one vehicle on the street for many years. Now they cannot due to the bylaw. After receiving their first ticket the family has squeezed their three vehicles into their driveway almost touching bumper to bumper. The third vehicle has approximately 1 to 1.5 feet on the sidewalk but not on the street. This sidewalk is not a plowed sidewalk in our winter management plan. The family has received a second ticket. The closest parking to their home is 350 metres away, one of our city rinks with a sign that reads "No Overnight Parking." City staff has been cooperative in working with me on this file; however I have been informed that there is nothing that can be done due to the criteria for exemptions regarding "space for one vehicle ", thus the need for a change in the criteria. Respectfully Submitted (via e-mail) Gary Sullivan SAINT IfJ'HN P.O. Box 1971 Saint Win, N$ Canada E2L 40 I wAw.sAntjohn.ca I C.P. 1971 Saint John, N 0, Canada E2L 4L 300 cq-. 44, or <° Mayor and Council City of Saint John February 26, 20010 RE: District Energy System: Economic Opportunities The proposed District Energy may have opportunities to attract new commercial enterprise to Saint John that would add to the city's economic diversification and vibrancy. One such opportunity may be `Server Farms' which require extraordinary amount of cooling stems to make theirs operationally viable. In fact, countries that have natural environmental cooling assets are leveraging their capability to attract such industry. "Here's just one amazing factoid: According to a study last year by Lawrence Berkeley National Lab (download - PDF): "A single high-powered rack of seri�ers consumes enough energy in a single year to power a hybrid car across the United States 337 limes. " That's not all. Additional power is needed to remove the huge quantity of heat generated by these newer machines. If the machines aren't cooled sufficiently, they can shut down, with potentially devastating consequences to affected businesses, agencies, or other organizations. All told, server farms consume many times more energy than office facilities of equivalent size. G-4- SAINT JOHN PO, Box 1971 Saint John, NB Canada E2L4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -a. Canada E2L4L1 301 For those who operate server farms, this has become a nontrivial issue. While energy costs represent less than 10% of a typical company's information technology (IT) budget, that could rise to more than 50% in the next few years, says Gartner. For companies like Google, whose massive computing infrastructure, by one estimate, gives it "the largest utility bill in the planet," the push to make servers run cooler and more efficiently has taken on added urgency. According to Google engineer Luiz Andre Barroso, writiLig in the September issue of the Association for Computing Machinery's Queue: The possibility of computer equipment power consumption spiraling out of control could have serious consequences for the overall affordability of computing, not to mention the overall health of the planet. So the IT world is stepping up, with manufacturers of chips (AMD, Intel) and servers (Dell, HP, IBM, Sun) competing as feverishly on energy efficiency as they do on speed and other perfonnance characteristics." Source: Serving Up Energy Efficiency, Market -Style Joel Makower, 13 Nov 06 Motion: Request Enterprise Saint John to investigate the opportunities the District Energy System could provide in regard to attracting new commercial enterprise. Regards (via email) Stephen Chase Deputy Mayor See attachment for more information 302 Server Farm A server farm or server duster, also called a data centerl'I, is a collection of computer servers usually maintained by an enterprise to accomplish server needs far beyond the capability of one machine. Server farms often have backup servers, which can take over the function of primary servers in the event of a primary server failure. Server farms are typically co- located with the network switches and /or routers which enable communication between the different parts of the cluster and the users of the cluster. The computers, routers, power supplies, and related electronics are typically mounted on 19 -inch racks in a server room or data center. ;f 1 P E. p: I -f i This server farm supports the various computer networks of the Joint Task Force Guantanamo Server farms are commonly used for cluster com utin . Many modem supercomputers comprise giant server farms of high -speed processors connected by either Gabit Ethemet or custom interconnects such as Infiniband or Myrinet. Another common use of server farms is for web hosting, which are sometimes referred to as web farms. 303 Server farms are increasingly being used instead of or in addition to mainframe Computers by large enterprises, although server farms do not as yet reach the same reliability levels as mainframes. Because of the sheer number of computers in large server farms, the failure of individual machines is a commonplace event, and the management of large server farms needs to take this into account, by providing support for redundancy, automatic failover, and rapid reconfiguration of the server cluster. Performance The performance of the very largest server farms (thousands of processors and up) is typically limited by the performance of the data centers cooling systems and the total electricity cost rather than by the performance of the processors. E21 A computer that runs 24/7 consumes (over its lifetime) electricity worth many times its initial purchase cost. For this reason, the critical design parameter for both large and continuous systems tends to be performance per watt, rather than cost of peak performance or (peak performance / (unit * initial cost)). Also, for high availability systems that must run 24/7 (unlike supercomputers that can be power - cycled to demand, and also tend to run at much higher utilizations), there is more attention placed on power saving features such as variable cloc�eed and the ability to turn off both computer parts, processor parts, and entire computers (WoL and virtualization) according to demand without bringing down RMILANTS Performance per watt The EEMBC EnergyBench, SPECpower, and the Transaction Processing Performance Council TPC- Energy are benchmarks designed to predict performance per watt in a server fan-n. L=31 The power used by each rack of equipment can be measured at the power distribution unit. Some servers include power tracking hardware so the people running the server farm can measure the power used by each server. The power used by the entire server farm may be reported in terms of power usage effectiveness or data center infrastructure efficiency. Environmental impact According to some estimates, for every 100 watts spent on running the servers, roughly another 50 watts is needed to cool them. Iceland, which has a cold climate all year as well as cheap and carbon- neutral geothermal electricity supply, is building its first site.0 Fibre optic cables are being laid from Iceland to North America and Europe to enable companies there to locate their servers in Iceland. 304 March 1, 2010 Dear Mayor and Councillors, Issue: Westfield Road Safety Concerns: (a) Railway Overpass Structure and (b) Intersection Old Martinon By -Pass (Route 177 to Grand Bay) Context: At a recent meeting I attended held between the City of Saint John, Department of Transportation, the Minister of Energy and residents of the Westfield Road area, the above mentioned safety concerns were discussed and "move ahead" solutions debated. The City of Saint John, through Mr. Shayne Galbraith, has sent a written request to the Department of Transportation to take action to address the two safety concerns on the Westfield Road involving New Brunswick Department of Transportation facilities. The two safety issues are: the existing railway overpass structure near Station Road is too narrow to allow for roadway facilities and the nearby intersection with the old Martinon By -Pass (Route 177 to Grand Bay) is a safety concern in its present configuration. The City of Saint John has requested the support of Department of Transportation in reviewing the issues together to develop appropriate solutions. It should be noted that at this meeting City of Saint John officials, Mr. Groody and Mr. Galbraith, were extremely professional and knowledgeable with respect to these safety concerns. Motion: To Receive for Information. Sincerely, Councillor Peter McGuire SAINT inHN P.O. Box 1971 Saint John, NB Canada E2L4L7 I www.saintjohn.ca I C.P. 1971 Saint John, NA. Canada EA 4L1 305 REPORT TO COMMON COUNCIL OPEN SESSION M &C2010 -58 February 24, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Canada Games Aquatic Centre Roof Replacement BACKGROUND City of Saint John On December 7, 2009 (M &C 2009 -399), Common Council approved the award of the tender for the replacement of the roof of the Canada Games Aquatic Centre to Flynn Canada Ltd. in the amount of $1,205,710.00 (including HST). Staff explained to Council at the time, that there were two bidders for this project and that the tender specifications had required each bidder to include an amount that could be deducted from the tender should the City opt not to award the full project. This was identified as a "breakout price" for the cost of a Decor Profile that was intended to be aesthetic in nature but not integral to the project. Given the cost of this option identified in the lowest bidder's tender, staff opted not to include this as a requirement of the tender and reduced the bid price accordingly. During initial project start up discussions with the Contractor, it became apparent there had been a misinterpretation of the scope of work, specifically related to breakout pricing that was requested by City staff in the original tender. In general, the submitted bid price for the Decor Profile incorrectly included the cost for the replacement of various sections of roof within the area identified in the specifications for the Decor Profile. For this reason, the breakout price quoted was much higher than it should have been for the Decor Profile only. 306 M & C 2010 — 58 - 2 - February 24, 2010 ANALYSIS In the original tender, City staff requested a breakout price for the supply and installation of a series of "ribs ", that were to be installed on the sloped roof membrane surfaces to give the roof sections the same visual appearance of the existing metal roofs which they were to replace. City staff originally requested this breakout price in order to justify the cost associated with this aesthetic feature. The breakout price from Flynn Canada Ltd. for this feature was $230,000.00 (excluding tax). City staff could not justify this amount of money for a purely aesthetic feature, as such, it was omitted from the total bid price submitted by Flynn Canada Ltd. Furthermore, the amount submitted to and approved by Common Council also excluded this amount. During initial project start up discussions with the Contractor, it became apparent there had been a misinterpretation of the scope of work, specifically related to this breakout pricing. While City staff wanted breakout pricing only for the supply and installation of the "ribs" themselves, the Contractor provided breakout pricing for the supply and installation of the complete roof system in the areas in which the "rib" was to be installed. Therefore, the bid price presented to Common Council for approval did not include many of the roof systems that are currently in need of replacement. Upon discovery of this misinterpretation, City staff initiated various discussions with Flynn Canada Ltd. and looked at options available to reduce costs on this project without adversely affecting the integrity of the competitive bidding process. After review with Purchasing and Legal, it was determined that discussions with Flynn after having awarded the contract were not in keeping with the competitive bidding process and as a result other, more appropriate solutions were explored. Options The City of Saint John has a number of options available to it, including forcing the bidder to accept the award of the tender as submitted or forfeiting the tender deposit for failure to accept the award. Cancelling the entire tender and recalling the bid with a change in scope is another option. And finally, adding back into the original tender the cost identified by each bidder for the breakout pricing and awarding the entire tender, as originally called, to the lowest bidder — provided the bidder agrees to honour its tender price (as the bids were only open for acceptance for 60 days, which have long passed). In the case of the first option, staff of Facilities Management is of the opinion that there was no intent on the part of the low bidder to mislead or otherwise misrepresent their bid. Staff believes, upon review of the tender documents, that 307 M & C 2010 — 58 - 3 - February 24, 2010 the failure to quote the breakout pricing as required by the City was a simple misunderstanding of the requirements and specifications of the tender for this particular requirement. In other words, the bidder made a mistake. When deciding whether to force this bidder to honour its bid, one should consider the following: our future dealings with this contractor; the fact that its prices are significantly lower than the competition; the fact that it would be good to have this contractor continue to bid on our projects to keep the prices down, and the risk of poor quality of work on a job "forced" upon them. While cancelling the tender, revising the specifications and recalling the bid is a possible option, staff are of the belief that this will not result in a significant reduction in the cost of this project, but that given the significant difference in pricing between the lowest bidder and the second bidder that there exists a possibility that this project could in fact cost more than has already been quoted. Therefore the best option is to add back into the tender prices the cost identified as "breakout" pricing for the D6cor Profile and to award the tender as originally specified and in its entirety, to the lowest bidder. Although the tender was only open for acceptance until December 7, 2009, the low bidder has indicated that it agrees to honour its bid price of $1,491,600.00 until March 31, 2010. Financial Implication Two companies responded to the City's public call for tenders for the replacement of the roof to the Canada Games Aquatic Centre, as follows; Flynn Canada, Dieppe $1,491,600.00 Dowd Roofing, Saint John $1,962,697.00 *Total Cost Includes Tax This is a planned project which was identified for inclusion in the 2009 Capital Budget. Input From Others Both the City Solicitor's Office and The City's Purchasing Agent have reviewed this tender, the City's Procurement Policies, Industry Standards and the Legal aspects of these options and offer that the solution put forward in this report is the best outcome to meeting the City's needs and requirements. 308 M & C 2010 — 58 - 4 - February 24, 2010 RECOMMENDATION: Your City Manager recommends that Council amend its December 7, 2009 resolution by deleting "$1,205,710.00" and replacing it with "1,491,600.00 ". Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager 309 REPORT TO COMMON COUNCIL M &C2010 -47 February 16, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Public Information Session — Newmans Brook Sewer Separation PURPOSE M. The City of Saint John The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Newmans Brook Sewer Separation project, and to update Council on the status of the project. BACKGROUND The approved 2010 Water & Sewerage Utility Fund Capital Program includes a project for the removal of sanitary flows from the Newmans Brook Storm Sewer in the area of Sandy Point Road and MacLaren Boulevard. This sanitary sewer collection project is included under the Harbour Clean -Up Program. ANALYSIS Staff looks forward to the tender closing on March 16, 2010. Construction could begin shortly thereafter (depending on contractor schedules) and would continue until September 1, 2010. This project will have some impact on the local area during construction. For this reason it is appropriate to hold a Public Information Session to allow local residents and others an opportunity to view the project design drawings, ask questions and give their feedback on the construction project. This Public Information Session is scheduled to be held at Hazen White /St. Francis School on Sandy Point Road on Wednesday, March 10, 2010 from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councilors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. 310 M &C2010 -47 February 16, 2010 Page 2 RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 311 Y� YiW r 'kitt The 011 of Saind. John PUBLIC INFORMATION SESSION Newmans Brook Sewer Separation The City of Saint John will be completing a sanitary sewer separation project in the area of Sandy Point Road and MacLaren Boulevard. This sanitary sewer project is included under the Harbour Clean -Up Program. Construction work is anticipated to start in the spring of 2010 and would continue until September 1, 2010. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, March 10th, 2010 Place: Hazen White /St. Francis School Time: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m. For further information about this project, contact the Consultant, CBCL Limited, Consulting Engineers, at (506) 633 -6650 or contact Municipal Operations & Engineering at (506) 658 -4455 312 �2 City Solicitors Office Bureau de Pavocat municipal The City of Saint John lr SAINT JOHN February 25, 2010 Common Council of The City of Saint John Your Worship and Councillors: Re: The Hardman Group Limited Mortgage to CIBC Mortgages Inc. Franklin O. Leger, Q.C., solicitor for CIBC Mortgages Inc. (CIBC) has advised of a leasehold mortgage from The Hardman Group Limited (Hardman) to CIBC of Hardman's leasehold premises in Market Square. The terms of the Market Square Central Building Complex Lease to the Rocca Group Limited, now Hardman, requires any leasehold mortgagee to enter into an agreement with the City of Saint John, whereby such mortgage shall be "postponed, subordinated and rank after' the City's interests in the Library Premises, the Parking Garage Premises and the Trade Centre Premises (Section 18.01(c)). The agreement attached to this correspondence has been executed by CIBC pursuant to Section 18.01(c) of the Central Building Complex Lease. It is in order for the City to execute the agreement in acknowledgement and the following resolution would be appropriate: RESOLVED that the Mayor and Common Clerk sign the agreement made as of February 4, 2010 between CIBC Mortgages Inc. and The City of Saint John. Respectfully Submitted, i John L. Nugent City Solicitor Attachment P.O. Box 1971 Saint john, NB Canada EK 4L1 I wwwsaingohn.ca I C.P. 1971 Saint John, N. -B. Canada E7L4LI 313 t�- THIS AGREEMENT made as of the 4' day of February, 2010. BETWEEN: CIBC MORTGAGES INC., a company incorporated under the laws of Canada, having its head office at the City of Toronto, in the Province of Ontario, hereinafter called "CIBC" OF THE FIRST PART -and- THE CITY OF SAINT JOHN, in the County of Saint John and Province of New Brunswick, a body corporate, hereinafter called the "City ", OF THE SECOND PART WHEREAS The Hardman Group Limited (hereinafter called the "Company ") has executed in favour of and delivered to CIBC a mortgage (the "Mortgage ") in the principal amount of $12,500,000.00 on even date herewith; AND WHEREAS the Mortgage creates a first fixed charge by way of sub -lease on the leasehold interest of the Company under a certain indenture of lease from The Market Square Corporation (now known as Saint John Development Corporation) to The Rocca Group Limited dated October 14, 1980 and amended by amending agreements dated as of the 2 "d day of August, 1982, as of the 31" day of May, 1983, as of the 10`h day of September, 1985, as of the 20th day of March, 1985 and as of the I" day of January, 314 2 1991 (the said lease, as so amended, being hereinafter called the "Central Building Complex Lease "); AND WHEREAS the Company is the present assignee of the lessee's interest under the Central Building Complex Lease; AND WHEREAS, in order for the Mortgage to be construed as a Leasehold Mortgage (within the meaning of that term as defined and used in the Central Building Complex Lease), it is required under the Mortgage, inter alia, that CIBC enter into the within agreement with the City. NOW THEREFORE THIS AGREFMEIvT WITNESSES that in consideration of the premises and the sum of One Dollar (S 1.00) of Iawful money of Canada now paid by CIBC to the City, the receipt of which is hereby acknowledged, CIBC covenants and agrees as follows: 1. The interest of CIBC under the Mortgage, either at law or in equity, is hereby postponed and subordinated and shall rank after, and take effect in all respects subject to the interest of the City in the Library Premises under the Library Sublease, in the Parking Garage Premises under the Park Garage Sublease and in the Trade Centre Premises under the Trade Centre Sublease (within the meaning of those terms as defined and used in the Central Building Complex Lease). 2. It is acknowledged and agreed by CIBC that neither the Mortgage, nor any provision thereof, nor any acknowledgement or acceptance by Saint John Development Corporation, as lessor under the Central Building Complex Lease, of CIBC AS A Leasehold Mortgagee (within the meaning of that term as defined and used in the Central Building Complex Lease), shall in any way or manner have the effect of or be construed 315 3 as restricting, amending, limiting or altering any of the obligations of the Company to the City as existing under or by virtue of the Central Building Complex Lease. 3. CIBC hereby acknowledges having received a conformed copy of the Central Building Complex Lease. 4. This agreement shall be construed in accordance with and governed by the laws of the Province of New Brunswick. 5. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns IN WITNESS WHEREOF the said CIBC Mortgages Inc. has hereunto affixed its corporate seal attested by the hands of its duly authorized officers as of the day and year first hereinbefore written. SIGNED, SEALED AND DELIVERED in the presence of By Shanta Rar Senior N- aOP- Cc' Commcrc..3f AM1n. By Dlane Fournier Senior mortgage Analyst/ Funder Commensal Mort" Pmoowng original of this agreement on behalf of The City of Saint CIBC MORTGAGES INC. Alyssa Cohen Team Leader Commercial Mortgage Processing Receipt of a duplicate is hereby acknowledged John. DATED February 2, 2010 316 4 .4 J The ab ofsstint inhn February 22, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Committee of the Whole, having met on February 22, 2010, made the following recommendation: "That Saint John Adventures be given authorization to apply to the Planning Advisory Committee for a variance on the City owned property required by Saint John Adventures to be used in conjunction with its proposed zip line development. " ReSPe0Qlly Submitted, eL � Jonathan Taylor, Assistant Cornmon Clerk SAINT JOHN P.O. Bux 1.471 Saint Whn, N5 Canada E1L 40 I www. saintlohn.ca I C.P. 1971 Saint Jahn, N,-E, Canada EA 4L1 317 r SAINT JOHN POLICE FORCE PO Box 1971 Saint John, New Brunswick Canada EM 4L1 Service de police de Saint John C.P. 1971 Saint John Nouveau- Bruns%,ick Canada E2L 4L1 "We Serve and Protect — with Respect" "Noes Servnns er Protegeons — avec Respect" William G. Reid Chief of Police/ Chef de Police Address all correspondence to.- Office of the Chief of Police invoyer route la correspondence au: Bureau du Chef de Police TelephoneIT61 (phone: (506) 648 -3200 FaxIF919copieur: (506) 648 -3304 E- mail/Courriel: police @saintjohn. ca SAINT JOHN Explore our past/ Explorez noire passL5 Discover your future/ D &ouvrez vorre avenir February 24, 2010 Mayor Ivan Court and Members of Common Council 8a' Floor, City Hall Saint John, NB E2L 4L1 Your Worship and Councilors: Subject: Future Costs of Policing Services We have been advised by the Common Clerk that at its meeting on February 1, 2010, Common Council adopted the following motion: RESOLVED that the Board of Police Commissioners be requested to submit recommendations to Council no later than February 28, 2010, with options / consequences for a spending cap of I % for the 2011 budget," This motion is, we understand, an amendment to a motion previously considered by Council, wherein the recommendations were to be submitted on or before June 7, 2010. We further understand that the change was made on the advice from the City Solicitor based upon on the legal considerations inherent in the collective bargaining process. The Board of Police Commissioners has an obligation to submit an annual operating budget to Council that provides for adequate policing. As Chief, I am responsible to the Board for the operation of the Force within the budget approved. During the budget process leading to the approval of the 2010 Operating Budget, I indicated to Council and to the City Manager, that the proposal to limit the Force's budget to a 1 % increase in 2011 and 2012, could result in the need to eliminate eight to ten positions within the Force. This was a "broad brush" response to a need to deal with a potential budget reduction of about $800,000 over this two year period. The current contract with Local 61 includes a `No Layoff' clause — present incumbents cannot be laid off during the term of the agreement. As such, any reduction in the number of Local 61 positions that are occupied, would, if required, occur through attrition. Proceeding in this manner, would not require a change to the contract with Local 61 — during the freeze period or otherwise. A 318 Mayor Ivan Court and Members of Common Council February 24, 2010 Subject: Future Costs of Policing Services decision to fill or not fill a position, or to undertake any expenditure, has to be taken in the context of the budget available. We recognize Council's need to understand the opportunities associated with the City's financial position. We welcome the opportunity to provide Council with a comprehensive understanding of the options and consequences of limiting the increase in the Force's budget in 2011 and 2012. The analysis will consider and recognize the limitations of the current contract while not negatively impacting our capability and capacity to develop a new agreement with Local 61. However, the quality of analysis that I anticipate the Police Commission and Common Council expects from me as Chief, cannot be achieved by February 28, 2010. It can, however, be provided by June 7a', as originally understood. Yours truly, it vf o�li ref o 319