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2009-03-16_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 16, 2009 Committee of the Whole 1. Call to Order 6:00 p.m. Committee of the Whole 8th Floor Boardroom - City Hall 1.0 Personnel Issue 10.2(4)(j) 1.1 Personnel Issue 10.2(4)(f,g,j) 1.2 Personal Matter 10.2(4)(b,h) Regular Meeting 1. Call to Order - Prayer 5:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of February 16, 2009. 2.2 Minutes of March 2, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Teed Letter Regarding West Side Salt Storage (Recommendation: Refer to the City Manager ) 5.2 Teed Letter Regarding Purchasing Products from Simms Company (Recommendation: Receive for Information) 5.3 New Brunswick Police Commission Letter to Council Regarding Complaint Process, NB Police Act (Recommendation: Receive for Information and Refer to Police Commission) 5.4 Patricia Dashwood Letter to Council Regarding Taxes (Recommendation: Receive for Information) 5.5 Patricia Dashwood Letter to Council Regarding Pot Holes (Recommendation: Receive for Information) 5.6 Urban Design Committee (Recommendation in Report) 5.7 Spring Street Repairs & Winter Cut Reinstatements (Recommendation: Receive for Information) 5.8 Referred and Tabled Items (Recommendation: Receive for Information) 5.9 Request for Grant in the Amount of Municipal Fees for Newport Village of the United Church of Canada Inc. (Recommendation in Report) 5.10 Request for Grant in the Amount of Municipal Fees for South City Housing Cooperative (Recommendation in Report) 5.11 Rezoning Application for 1671 Sandy Point Rd, City Owned Harrigan Lake Property, by North Star Holdings Inc. (Recommendation in Report) 5.12 Hotel Courtenay Bay Sale of Freehold Interest (Recommendation in Report) 5.13 Stewart St, Manchester Ave to Porter St, Street Reconstruction and Union St, at Carmarthen St Intersection, Intersection Improvements (Recommendation: Receive for Information) 5.14 Engagement of Consultants - 2009 Leisure Services Capital Program (Recommendation in Report) 5.15 Design and Constriction Management Kennebecasis Drive Culvert Replacement (Recommendation in Report) 5.16 Design and Constriction Management: SCADA Supervisory Control and Data Acquisition Upgrade (Recommendation in Report) 5.17 Public Information Session Simms Corner Phase L Fairville Blvd - Lancaster Mall to Catherwood St (Recommendation: Receive for Information) 5.18 One Mile House Interchange Municipal Services Modifications (Recommendation: Receive for Information) 5.19 Participation in Industry Canada's BizPal Program (Recommendation in Report) 5.20 Mispec Park Operations for 2009 (Recommendation in Report) 5.21 Coburg Street & Waterloo Street Traffic By-Law Amendment (Recommendation in Report) 5.22 Engagement of Engineering Consultants 2009 Capital Program (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 World Water Day March 22, 2009 8. Delegations / Presentations 5:00 P.M. 8.1 Commissioner Jean-Guy Finn: Building Stronger Local Governments and Regions 9. Public Hearings 7:00 p.m. 9.1(a) Darling Constriction Request to Withdraw Application to Proposed Re- Zoning 1671 Sandy Point Rd 9.1(b) Proposed Municipal Plan and Zoning By-Law Amendment 9.1(c) Recommendation from Planning and Development 9.1(d) Letter of Opposition to Proposed Re-zoning 9.2(a) Proposed Zoning By-Law Amendment 1186 Loch Lomond Rd 9.2(b) Planning Advisory Committee Recommending Denial of Proposed Re- Zoning 9.3 Proposed Street Closing - Hospital St 9.4(a) Proposed Amendment Section 39 Conditions - 91 Ocean Dr 9.4(b) Planning Advisory Committee Recommending Section 39 Amendment 9.5(a) Proposed Amendment Section 39 Conditions - 41 Adelaide St 9.5(b) Planning Advisory Committee Recommendation to Deny Section 39 Amendment 9.6(a) Proposed Amendment Section 39 Conditions - 703 Highmeadow Dr 9.6(b) Planning Advisory Committee Recommendation to Deny Section 39 Amendment 2 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Public Record of Motions (Deputy Mayor Chase) 11.2 Saint John West Business Association Business Improvement Area (Councillor Farren) 113 Public Inquiry into City Pension Plan (Councillor Farren) 11.4(a) Council Inquiries to Staff (Councillor Sullivan) 11.4(b) Protection of Personal Information Act 11.5 Follow-Through on Motions (Councillor Sullivan) 11.6 West Saint John Recreational Opportunity - Lancaster Kiwanis Field Project (Councillor McGuire) 11.7 West Saint John Economic Development (Councillor McGuire) 11.8 Westfield Road - Area Snow Clearance for Roads and Sidewalks (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Proposed Business West Side Improvement Area 12.2 City Solicitor: Inclusionary Zoning 12.3 City Solicitor: Traffic By-Law Amendments 12.4 City Manager: Lead Results Update 12.5 City Manager: Initiate Street Closures for Peel Plaza 12.6 City Manager: Eastern Wastewater Treatment Facility 12.7 City Solicitor: Pension Act Amendments Legal Advice 12.8 City Manager: Accountability Framework for the City of Saint John 12.9 City Manager: Sustainable Transportation Plan 13. Committee Reports 13.1 Finance Committee: Terms of Reference 13.2 Finance Committee: Financial Advisory Services for Pension Plan Review 13.3 Committee of the Whole Report: Terms and Conditions of Employment - Management and Professional Personnel 13.4 Committee of the Whole: Appointments to Committees 13.5 Water Committee: Water Committee Report 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Rockwood Park Golf Course and Aquatic Driving Range Report 15.2 Symphony New Brunswick Request for Funding 16. Adjournment City of Saint John Seance du conseil communal Le lundi 16 mars 2009 Comite plenier 1. Ouverture de la seance 18 h - Comite plenier - salle de conference du 8e Rage, h6tel de ville 1.0 Question relative au personnel - alineas 10.2(4) j) 1.1 Question relative au personnel - alineas 10.2(4) f, g, j) 1.2 Question relative au personnel - alineas 10.2(4) b, h) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h - Salle du conseil 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue le 16 fevrier 2009 2.2 Proces-verbal de la seance tenue le 2 mars 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre revue de M. Teed concernant le stockage de sel du quartier West Side (recommandation : remettre au directeur general) 5.2 Lettre revue de M. Teed concernant 1'achat de produits de 1'entreprise Simms (recommandation : accepter a titre informatif) 5.3 Lettre revue de la Commission de police du Nouveau-Brunswick adressee au conseil concernant le processes relatif aux plaintes en vertu de la Loi sur Icrholice (recommandation : accepter a titre informatif et transmettre a la Commission de police) 5.4 Lettre revue de Patricia Dashwood adressee au conseil concernant les imp6ts (recommandation : accepter a titre informatif) 5.5 Lettre revue de Patricia Dashwood adressee au conseil concernant les nids de poule (recommandation : accepter a titre informatif) 5.6 Comite de conception urbaine (recommandation figurant au rapport) 5.7 Reparations et restauration en raison de la transition « hiver-printemps » - nee Spring (recommandation : accepter a titre informatif) 5.8 Points soumis et presentes (recommandation : accepter a titre informatif) 5.9 Demande visant l'obtention d'une subvention au montant des droits municipaux pour le village de Newport de la part de la United Church of Canada Inc. (recommandation figurant au rapport) 5.10 Demande visant l'obtention d'une subvention au montant des droits municipaux pour South City Housing Cooperative (recommandation figurant au rapport) 5.11 Demande de rezonage visant le 1671, chemin Sandy Point (propriete du lac Harringan appartenant a la municipalite) presentee par North Star Holdings Inc. (recommandation figurant au rapport) 5.12 Vente de 1'interet franc de 1'h6te1 Courtenay Bay (recommandation figurant au rapport) 5.13 Refection de la rye Stewart, de l'avenue Manchester a la rye Porter, et travaux d'amelioration a 1'intersection de la rye Union et de la rye Carmarthen (recommandation : accepter a titre informatif) 5.14 Nomination d'experts-conseils relative au programme d'immobilisations des Services des loisirs de 2009 (recommandation figurant au rapport) 5.15 Gestion de la conception et de la constriction visant le remplacement des buses de la promenade Kennebecasis (recommandation figurant au rapport) 5.16 Gestion de la conception et de la constriction : Mise a niveau du systeme SCADA (systeme d'acquisition et de contr6le des donnees) (recommandation figurant au rapport) 5.17 Seance d'information publique relative a la phase 1 du coin Simms boulevard Fairville - du centre commercial Lancaster a la rue Catherwood (recommandation : accepter a titre informatif) 5.18 Echangeur d'un mille - Modifications des services municipaux (recommandation : accepter a titre informatif) 5.19 Participation au programme PerLE d'Industrie Canada (recommandation figurant au rapport) 5.20 Exploitation du parc Mispec pour 2009 (recommandation fi(-,,urant au rapport) 5.21 Rue Coburg et Waterloo (recommandation figurant au rapport) 5.22 Nomination d'experts-conseils relative au programme d'immobilisations de 2009 (recommandation fi(-,,urant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee mondiale de 1'eau le 22 mars 2009 8. Delegations et presentations 17h 8.1 Commissaire Jean-Guy Finn : Renforcer les gouvernements locaux et les regions 9. Audiences publiques 19h 9.1a) Demande de Darling Constriction visant le retrait de la demande de rezonage propose visant le 1671, chemin Sandy Point 9. lb) Projet de modification du plan municipal et de 1'arrete de zonage 9.1c) Recommandation du service Urbanisme et developpement 9.1d) Lettre d'opposition au rezonage propose 9.2a) Projet de modification de 1'arrete de zonage visant le 1186, chemin Loch Lomond 9.2b) Comite consultatif d'urbanisme recommandant le rejet du rezonage propose 9.3 Projet de fermeture de la rye Hospital 9.4a) Projet de modification des conditions imposees par Particle 39 relativement au 91, promenade Ocean 9.4b) Comite consultatif d'urbanisme recommandant la modification de Particle 39 9.5b) Comite consultatif d'urbanisme recommandant le rejet de la modification de Particle 39 9.5a) Projet de modification des conditions imposees par Particle 39 relativement au 41, rue Adelaide 9.6a) Projet de modification des conditions imposees par Particle 39 relativement au 703, promenade Highmeadow 9.6b) Comite consultatif d'urbanisme recommandant le rejet de la modification de Particle 39 10. Etude des arretes municipaux It. Interventions des membres du conseil 11.1 Archive publique des motions (maire suppleant Chase) 11.2 Zone d'amelioration des affaires - Saint John West Business Association (conseiller Farren) 113 Enquete publique sur le regime de retraite de la Ville (conseiller Farren) 11.4a) Demandes formulees par le conseil a l'intention du personnel (conseiller Sullivan) 11.4b) Loi sur la j)rotectiora des i•eraseigraernaeratvl)et•,soraraels (conseiller Sullivan) 11.5 Donner suite aux motions (conseiller Sullivan) 11.6 Possibilite recreative dans Saint John Ouest - Projet de terrain Kiwanis de Lancaster (conseiller McGuire) 11.7 Developpement economique dans Saint John Ouest (conseiller McGuire) 11.8 Chemin Westfield - Deneigement de chemin et des trottoirs (conseiller McGuire) 12. Affaires municipales evoquees par les fouctionnaires municipaux 12.1 Greffiere communale : Projet de zone d'amelioration des affaires dans le quartier West Side 12.2 Avocat municipal : Zonage d'inclusion 123 Avocat municipal : Modifications de 1'arrete sur la circulation 12.4 Directeur general : Le point sur les resultats 12.5 Directeur general 12.6 Directeur general 12.7 Avocat municipal relatives a la Loi sur le 12.8 Directeur general 12.9 Directeur general Fermetures de rue pour la place Plaza Installation de traitement des eaux usees du quartier Conseil juridique en ce qui concerne les modifications 1-cgirne de retraite Cadre redditionnel de The City of Saint John Plan de transport durable 13. Rapports deposes par les comites 13.1 Comite des finances : Mandat 13.2 Comite des finances : Services consultatifs financiers aux fins de 1'examen du regime de retraite 13.3 Rapport du comite plenier : Conditions de travail du personnel de direction et des employes professionnels 13.4 Comite plenier : Nominations aux comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Rapport sur le terrain de golf et champ d'exercice de golf aquatique du parc Rockwood 15.2 Demande de subvention presentee par l'Orchestre symphonique du Nouveau -Brunswick 16. Levee de la seance is 4 The city of saint John March 13, 2009 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 At its meeting on November 17, 2008, Common Council passed the following resolution: "RESOLVED that all agenda items considered for Committee of the Whole closed session meetings contain a preamble explaining the justification for the item being handled confidentially". The Common Council meeting of March 16, 2009 contains the following items on the agenda: 1.0 Personnel Issue 10.2(4)(j)-, 1.1 Personnel Issue 10.2(4)(f,g,j); 1.2 Personal Matter 10.2(4)(b) Section 10.2(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 1.0 Personnel Issue 10.2(4)(j): ""Labour and employment matters". 1.1 Personnel Issue 10.2(4)(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; (j) "Labour and employment matters"; 1.2 Personal Matter 10.2(4)(b) "personal information" Respectfully Submitted, Jonathan Taylor, distant Common Clerk SAINT JOHN P.C. Box 1971 Saint John, NB Canada E2L 40 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 94-290 COMM COLMUCONSOL COMML FEBRIWRY 16, 2MM-E 16 FEVNER 2009 COMMON COUNCILM EnNG-THECITYOFSAINTJOHN CITY HALL- February 16, 2009 5:00 P.M Present: Ivan Court, Maya- Deputy Nhyor Chase and Councillors Court, Fan-en, Higgins, McGuire, Mott, Srock, Sullivan, and Titus - and - P. V\bcds, Deputy City M3wjer, J. Nugent, City Solicitor, G Yeonans, Comissiaier of Fnarrce and Treasurer, P. Groody, Comissiaierof MLnicipal Ciperations; K Fon~est, Conrnssior-ff of Planning and Development; A Poffenroth, Deputy Con rissioner of Buildngs and Inspection Services; D. Scrihrff, Police Inspector, E Goimey, Corrn-on Clerk and J. Taylor, Assistant Cam-on Clerk SEANCE DU CONSOL COMMmWL DE THE CITY OF SAINT JOHN A uHOTO_ DE MLLE, le 16 fevrier 2009 a 17 h Sant presents : Ivan Court, naire le noire suppleant Chase et les conseillers Court, Fanen, Higgins, McGuire, Mbtt, Shook, Sullivan et Titus et P. V\bods, dinecteu-general adjoint; J. Nugent, avocat munidpal; G Yeorrins, oonmssaire aux finances et tresoner, P. Groxly, oomrissaire aux operations n-nicipales; K Forest, conrrissaire a I'urbanisrra et au d6veloppen al; A Poffenroth, oomrissaire a4an t aux services dinspection et des batimants; D. Scribner, irspecteur de police, ainsi que E Gormley, greffiere cwTm-ale et J. Taylor, gieffier carrn -d a4an t. Call To Order -Prayer Mayor Court called the neeting to order and Reverend Lloyd Lake of the Chaplin for the Diocese of Fredericton offered the opening prayer. Ouverture de la seance, suvie de la priere La seance est ouverte par le noire Court et le pasteu- Lloyd Lake, du diocese de Fredericton, recite la priere douverture. 2 Appraval of Mnultees 21 Appraval of Mnutees of January 19~ 2009 Cn nation of Councillor Titus Seconded by Councillor McGuire RESCLVED that the ninutes of the meeting of ComTon Council held on January 19, 2009, be approved. Question being taken, the motion was carried 2 Approbation du proses-verbal 21 Approbation du proses-verbal de la seanceterxae le 19 janvier 2009 Proposition du oonseiller Titus Appuyee par le conseiller McGuire RESCLU que le procesrverbal de la seance du ocnseil corn axd tenue le 19janvier 2009 sat apIxo rve. A Tissue du vote, la proposition est adoptee. 94-291 COMM COLMUCONSOL COMML FE NUARY 16, 200M-E 16 FEVRI ER 2009 22 Approval of Mnutes of January 26, 2009 Cn motion of Ca.ncillor Titus Seconded by Councillor Snook RESCUED that the mates of the meeting of Cam-on Council held on January 25, 2009, be approved. Question being taken, the motion was carried 22 Approbation du proces-verbal de la seance tenue le 26 jarMer 2009 Proposition du oonseiller Titus Appuyee par le ocnseiller Snook RESCLU que le prooe&verbal de la seance du ocnseil omTax l tenue le26janvier2009 sat approvee. A Tissue du vote, la proposition est adoptee. a Approval of Agenda Cn motion of Ca,ncillor Titus Seconded by Caxncillor McGuire RESCUED that the agenda of this meeting v& the addition of item 13.2 Corrmttee of the Wale Repot - City Solicitor's Nbrrbership on the City of Saint John Fension Board as a Trustee and item 13.3 Corrrrittee of the VV-de Repot - Ernst & Yang Letter of Engaganant, be approved. Question being taken, the motion ves carried a Adoption de I'ordre du jour Proposition du oonseiller Titus Appuyee par le conseiller McGure RESCLU que I'ord-e du jour de la presente seance sat adopte, moyennant I'lout du point 13.2, Rapport du oonite plerier relatif a I'avocat munidpal siegeant au oonseil dada inistration du regime de retraite de The City of Saint John en tart que fiduciaire et du pant 13.3, Rapport du oomte planer relatif a la Iettre de n ission crEmst & Young. A Tissue du vote, la proposition est adolotee. 4. Disclosures of Corflict of Interest 4. Divulgations de corflits dirrterets 5. Consent Agenda 5.1 That the letter from the Fundy Region Solid VV?ste Corm ission dated January 29, 2009 regarding a User Fee Program for voste, be received for infam:ition. 5.2 That the letter from the Sault John Police Protective Association dated February 9, 2009 regarding amandn ents to the City of Saint John Pension Plan be referred to the cam-on Clerk to schedule. 5.3 Refer to item 14.1. 5.4 That the letter from AJ. Debly dated February 5, 2009 regarding epT#aition of lands in Red Head area be referred to the City Solicitor. 5.5 That as recommended by the City Mmager, the tenders for the supply of 1 rew n id size hybrid sedan and 4 rew oorrpact all v-ed dive sedans be awarded to the West bidders to meet the requirements of the tenders as indicated on the submtted sr rmaries of bids. 94-292 COMM COLMUCONSOL COMML FEt3RLIARY 16, 2MM-E 16 FEVRIER 2009 5.6 That as recommended by the City Manager: The City of Saint John acquire from Voyageur Properties United municipal services eases al in & through lands designated RD 00419101 upon the terms and conditions attached to the subrritted report NW 2009-040 for the sum of $800.0Q and 2) The Mayor and Conn on aerk be authorized to sign all necessary documentation. 5.7 That as recommended by the City Manage, the Rblic Hearing for the consideration of the passing of a B)~-lawto Stop tip and nose in its entirety a 743 square metre ± public street kncann as Hospital Street, be set for Mbncay, March 16, 2009 at 7:00p. m. in the Cou cil Charrben. 5.8 That as recommended by the City Manager, C Tmonr Candl cancel the March 2, 2009 Public Hexing for the rezoning application of Donald Cullinan (1186 Loch Lomond Road) and schedule a r w Public Hearing for this application for March 16, 2009; and further, Con non Ca.ndl schedule the public hearing for the Section 39 amendment applications of First Stop Auto 41 Adelaide street, 614564 N. B. Ltd. 91 ocean Drive and Troy Gallant 703 Hghn eadow Drive and for the rezoning application of North Star Holdings Ltd 1671 Sandy Point Road for Mbn d y, March 16, 2009 at 7.00 p. m in the Council Charrber, and refer the applications to the Planing Advisory Carrrittee for report and recommendation. 5.9 That as recommended by the City Manager in the submitted report entitled Advertising-2009 Experience New BrrsAck Cfficial Vacation Planner, Council approve the payment of $45,120.00 plus taxes to Hawk CaTnij ications for the placenrenrt of the inside back-cover gatefold ad in the 2009 Experience New BruiMck Cfficial Vacation Planner. 5.10 That as recommended by the City Manager, C Tmonr Candl approve the additional fee of $35,851.62 from Crandall Engineering Ltd. to provide engineering services (design and construction management) for the Mountain Road -Street Reconstruction prgect as outlined in the subrritted report. 5.11 That as recommended by the City Manager, the engineering services agreerrent v& Toughie Engineering for Prelin in>ary Design of the Eastern and V\bstern Potable V\bter Treatment Facilities be increased from $467,400 to $597,400. 5.12 That as recommended by the City Manager, CaTmonr Candl aruthaize V\bstpact to search out an architect by an interview process, engage the architect and be responsible for signing and approving the architect's invoices for services rendered up to, but not exceeding $48,75Q and further The C mmssioner of Finance be authorized to make payment of the architect's invoices based on receipt of a resolution of the Board of V\bstparct indicating the services have been satisfactorily rendered; and further The Commssioner of Building and Technical Services be authaized to allow reno~ aticns to commence by ~ upon his approval of the final drwrings of the vwrk to be done to this Oty-o ned facility. 5.13 That the submitted report from the Steering Conrrittee Peel Plaza Project dated February 10, 2009 entitled Peel Raza Project, be received for inform Lion. Cn motion of Cou cillor Titus Seconded by Cou cillor McGuire RESCLVED that the recommendation set out for each consent agenda item respectively, v& the exception of item 5.3 Rogers Letter Re aty Manager's Pension, W ich has been identified for debate, be adopted. Question being taken, the motion was carried 10 94-293 COMM COLMUCONSOL COMML FEBRUARY 16, 20M M 16 FEVRI ER 2009 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre presentee par la Carrrrission cle gestion des ded-ets slides cle la region cle Fundy clatee du 29janmer 2009 owcernant le programye cle frais cle rarrassage des o cl ures sat acoeptee a titre irfan dif. 5.2 Que la lettre cle clemncle sounise par la Saint John Pdioe Protective Association clatee du 9 fevner 2009 oonow- ant des modifications au regime cle retraite cle The City of Saint John sat transrrise a la greffiere oomlurrale pax qLf une date cle presentation sat fixee. 5.3 Vdr le pant 14.1. 5.4 Que la lettre cle AJ. Debly clatee du 5 fevrier 2009 relative a 1'e)gxgxiertion des bia-&fords situes clans le secteur Red Head sat transnise a I'avocat mmicipal. 5.5 Que, mm-? le recm rrar de le cirecteur general, les ocritrats relatifs a I'appromsiaT errernt dune nouvelle beriine hybricle cle taille intan'bdaire et de quatre nowdles beriines oorrpactes a quatre roues nmtnoes scent acoordes aux sounissiaTdres Ies n-dns cisant afin cle respecter Ies e>dgames visees par Ies oontrats, oomTe I'indiquent Ies som-fires des sa n issions presentees. 5.6 Que, mm-? le recorrrrande le cirecteur general : 1) The City of Saint John acquiere uie servitude cle services mxnidpaux cle Voyageur Properties United par le bien-fords inscrit sous le NID 00419101 oonforremmrt a la fame et aux cor ditions stipclees clans le rapport sounis du ocntrat rf NVC 2009-040 pour la same cle 800 2) Le mare et la greffiere cmnmrrale scent autonses a signer la docxxrientatiol requise. 5.7 Que, mm-? le recm rrar de le cirecteur general, I'aucfernce pr blique relative a 1'exarren cle I'adoption dun arrete visant a farmr et a barrer integrale ml 743 metres canes environ cle la rue publique om- ie sous le nom de rue Hospital, sat terxie le laid 16 n-ars 2009, a 19 h, clans la salle du oa-seil. 5.8 Que, ocnT ? le recm rrande le cirecteur general, le ocnseil ocmmxal amine I'aucfence publique du 2 nmm 2009 relativemal a la clam orde cle rezonage cle Do kid Ccllinan (1185, dienin Loch Lonmnd) et fixe une r uvdle date daucfernce publique relative a oette derrande au 16 rrars 2009. Le omseil corm rial fixe la date daucfence pr blique au 16 nmm 2009, a 19 h, clans la salle du oonseil, reletivemaft aux clemncles cle rrocification des oonditions in posees par I'article 39 deposees par First Stop Auto (41, rue Adelaide), 614594 N. B. (91, prmmnade Ocean) et Troy Gallant (7013, pram-iade Hghnreaclovv) et relativemeft a la derr arde cle rezonage cle North Star Hdcings Ltd. (1671, den in Sandy Pant), et qu'il transrrette Ies clam ayles au C ri rte cor s ltatif durbanisme aux fins cle presentation dun rapport et cle rations. 5.9 Que, ocnT ? le recm rrande le cirecteur general dens le rapport presente intitule P+ blicite clans le guide touristique officiel 2009, Vivre vos vacances au Nouveau-13rur& do le conseil approuve le paiaml cle la somye cle 45120 taxes en sus, a 1'entreprise Ha* Caml.rications pour aver place uie ammnce a erncart int4b su' la cowerhxe amore irterieure du guide touristique officiel 2009, Vivre vos vacances au Nouveau-Bruns kk 5.10 Que, cm7m Ie recaTrTur de Ie cirecteur general, le ocnseil cmm -d apprauve Ies frais supplerrentedres au mmntant cle 35 851,52 $ clerrar dbs par Crandall Engineering Ltd. relatifs aux services dingenierie (gestim cle la cameption et cle la construction) pour Ies travaux cle refection sur le dienin Mx twin, tel que le souligie le rappot preserrte. 5.11 Que, ocnT ? le reco mpricle le cirecteur general, la convention des services dingerierie condue alre Touchie Engineering et la Ville, relativement a I'avant-projet sawdre relatif aux installations cle traitemart cle 1'eau potable des quartiers est et ouest, sat rrodifiee en faisant passer le mmntant cle 467 400 $ a 697 400 11 94-294 COMM COLMUCONSOL COMAVAL FE RLIARY 16, 200M-E 16 FEVNER 2009 5.12 Que, came le recmTrarde le cirecteur general, le ccnseil commi-al autaise V\bstpact a d-erd-er un archtecte par un prooessus dentrevue, a engager I'architecte et a pret-de la respanisabilite de signer et dapprouver les factures de I'architecte pour services rendus dune somnne rraxin-de de 48 750 Cue le corrmssaire aux finances sat autaise a acquitter les factures de I'architecte en s'appuyant su- une resolution du conseil dada iristration de V\bstpact indiquant que les services ont ete rendus de rreaniere satisfaisante. Cue le oamissaire aux services ted-niques et des bttirrents puisse autonser V\bstpact a commencer les renovations sous reserve de I'approbation des dessins finaux des travaux a effectuer dens oette propn6te de la Mlle. 5.13 Cue le rapport presalb par le ocmte directeu-de la place Peel concernant le prco de la place Peel, date du 10 fevrier 2009 et intitule « Projet de la place Feel sat accepte a titre infonratif. Proposition du conseiller Titus Appu* par le eonseiller McClure RESCLU que la recomn- andation fam,iee pcu- drawr e des questions seumses a I'approbation du eonsal, a 1'exdusion du point 5.3, Lettre de Rogers eonoernant le regime de retraite du cirecteur general, qui a ete selectionnee aux fins de deliberations, sat adoptee. A Tissue du vote, la proposition est adoptee. 6. Members C nnents The Mayor earnented on camtnity events. 6. Comrrentaires pr&ux tes par les membres Le moire dseute de diverses activites oorrrrr nautaires. a DelegationslPresentafions a Delegations et presentations 9. Public Hearings 7:00 P.M 9.1(a) Proposed Zoning Br-LawAmerndment 170 Germain Stand 181 Chadotte St The Corrrnan Clerk advised that the necessary advertising was eomPeted with regard to amending Schedule "A', the Zoning Mep of The City of Saint John, by re-zoning a parcel of land located at 170 Gem-dri Street, having an area of approArrately 128 square metres, also identified as being a portion of R D number 00010744, from "IL-1" Neighbourhood Institutional to"B3' Central Business. Consideration was also given to a report from the Planning Advisory Corrrrittee subrritting a copy of Planning Staff's report considered at its February 10, 2009 meeting at which the Corrrrittee decided to recommend the rezoning of a parcel of land located at 170 Germain Street as described above. The Mayor called for members of the public to speak against the re-zoning with no ore presenting. The Mayor called for members of the public to speak in favor of the re-zoning with Fick Tuner appearing on behalf of the applicant indcating that he was in agreement with the staff report and reeorrmerdertion. Cn motion of Cou cillor Farren Seconded by Cou cillor Snook RESCLVEDthat the by-lavventitled, "A Lavvto Amend the Zoning By-Lawof the City of Saint John' arending Shced ule "A the Zoning Map of The City of Saint Jehn, by re-zoning a parcel of land located at 170 Gem n Street, having an area of approaanrtely 128 square metres, also identified as being a portion of RD number 00010744, form "I L-1" Neighbourhood Institutional to "B,3' Central Business, be read afirst time. Question being taken, the motion was carried 12 94-295 COMM COLMUCONSOL COMML FEQRUARY 16, 2MM-E 16 FEVRI ER 2009 Read a first time by title, the by-lawentitled A La tvto Amand the Zoning 13~LaNof the City of Saint John'. Cn motion of Camcillor Faren Seconded byCou cilorSullivan RESCL\EDthat the by-laNentitled, "A LaNto Amand the Zoning B)~-Lawof the City of Saint John' annending Sdnedude "A', ft Zoning Nap of The City of Saint Jehn, by re-zoning a parod of land located at 170 Germain Street, having an area of apprommately 128 square metres, also identified as being a potion of RD number 00010744, form "IL-1" Neighbourtnood I nstitutioned to "B-3' Central Business, be read a second time. Question being taken, the mmtion was carried Read a second time by title, the by-laNentitled, "A LaNto Amend the Zoning B)~-LaNof the City of Saint Jch Y. 9. Audiences publiquess a 19 h 9.1a) Projet de mocification de I'antte de zoroge visarrt le 170, rue Germain et le 181, rue Charlotte La greffrere conmrrale indique que des avis requs ont ete publies relativemant a la modification de I'annexe «A plan de nonage de The City of Saint John, en vue du rezonage dune parcelle de terrain dune sr mficie denviron 128 metres canes situee au 170, rue Germain, insdte en pantie sous de NID 00010744 afin de faire passer la classification s'y repportant de zone de quartier a vocation collective « I L-1 » a zone centrale eorrrerciale «B-3 Exarrren dun rapport du Comte cansi ltatif dutx-nisme, acconpagne dun exerrpdaire du rapport du personnel du service dubanisme, dtudie dors de la seance du 10 fevrier 2009, a dagAle de Comte a dedde de recorrnunler I'approbation de la daTen to de remnage dune paroelle de terrain situee au 170, nae Gern-dn, telle gUelle est decrite ci-dessus. Le moire invite de public a se prononcer eontre de rezonage, n-ds personne nee prend la parole. Le moire invite des merrbres du public a e)#n-er Ieur appui quart as rezonage. Fick Turner, as nom du damndeur, unique ga'il est daccord avec de rapport et la recormner dation du personnel. Proposition du conseiller Faren Appuyee pa- le conseiller Snook RESCLU clue I'arete intitdle «Arrete rrodifrant I'arete de nonage de The City of Saint John nmdfrant a I'annexe «A plan de zanage de The City of Saint Jdnn, le zanage dune parcelle de terrain dune -%Wiide derMron 128 rretres canes situee as 170, nae Gemnain et en patie sous de NID 00010744, afin de faire passer la dassifrcatim s'y mpportart de zone de quatier a vocation collective « IL-1 » a zone eentrade eo Trerdale « 13-2 fasse I'objet dune praniere lecture. A Tissue du vote, la proposition est adoptee. Pren iere lecture pa- titre de I'arete intitude «Arrete nmdifrant I'Arrete de zonage de The City of Saint John Proposition du conseiller Faren Appuyee par de conseiller Shcivan RESCLU que I'arete intitdle «Arrete rrodifrant I'arete de nonage de The City of Saint John rrocifrant a I'annexe «A plan de zonage de The City of Saint Jdnn, le zonage dune parcelle de terrain dune superfrde derMron 128 rretres canes situee au 170, nae Gemnain et en pantie sous de NID 00010744, afin de faire passer la dassifrcatim s'y rapportart de zone de quatier a vocation collective « IL-1 » a zone eentrade eo Trerdale « 13-3 fasse I'objet dune dlewderre lecture. A Tissue du vote, la proposition est adoptee. Deuiaerre lecture par titre de I'arete intitude «Arrete rrodifrant I'Arrete de zonage de The City of Saint John 13 94-296 COMM COLMUCONSOL COMML FE RLIARY 16, 2MM-E 16 FEVRIER 2009 9.2 Proposed Saint John Heritage Areas Qy-Law Arrrrent The Common Clerk advised that the necessary advertising was eonpleted wth regard to the proposed Saint John Heritage Areas By-IaAtAnmrd7Bnt. Consideration was also given to a report from the City Manager reeonTcendiing the proposed amendment. The Mayor called for rnanters of the public to speak against the Saint John Heritage Areas By-IauvArrendrnent vvith no one presenting. The Mayor called for rnanters of the public to speak in favour of the Saint John Heritage Areas By-Iauvkm-drrrent vvith Bob NbVicar, Chair of the Heritage Development Board, and Cardin LaMon endorsing the amandrrent. Cn motion of CaAricillor Fan-en Seconded byC uricillor5dlivan RESCLVED that the by-ladventitled, "Saint John Heritage Conservation Areas By-Law H&01" arrwcled by adding to Section 2(1) of the By-LawSdnedude "J" Lancaster Avenue Heritage Conservation Area and Schedule "K' Br nsvvicker/Ordnance Corps Heritage Conservation Area, be read a first tin-e. Question being taken, the motion vvas carried Read a first time by title, the by-ladventitled, "A LaNtoAmend the Saint John Heritage Conservation Areas By-IaW Cn r notion of Councillor Fan-en Seconded by Councillor5dlivan RESCLVED that the by-ladventitled, "Saint John Heritage Conservation Areas By-Law H&01" arrwcled by adding to Section 2(1) of the By-LawSdnedule "J" Lancaster Avenue Heritage C iservatien Area and Schedule "K' Hu-&mcker/Ordnance Corps Heritage Conservation Area, be read a second tine Question being taken, the motion vvas carried Read a second time by title, the by-ladventitled, "A LaNto Amend the Saint John Heritage Conservation Areas By-law" 9.2 Projet de modification de I'arrete relatif auxsecteus sauvegardes de Saint John La greffrere oonTa Hale indique cue les avis requs ort ete pubdies relativerrrexrt au projet de m clifrcation de I'arrete sur les secteurs sauvegardes de The City of Saint John. Examan dun rapport preserlte par le drecte,r general reeamandant la modification proposee. Le moire invite le public a e)#n-e son opposition gLant a la modification de I'arrete sur Ies secteurs sauvegardes de The City of Saint John, rnis persanne ne prend la parde. Le moire invite de public a se pro noncer en fave,r de I'arrete sLr des secteurs sauvegardes de The City of Saint John. Bob NbVicar, president du Comte de revision des arretes m_nicipaux cumernant de patrimdre et Cardin LaMon ont ratifre la modification Proposition du conseiller Farren Appuyee par de eonseiller SUlivan RESCLU que I'arete intitUb «Arrete n°HG01 redatif ax aares de conservation du patriman de The City of Saint John » , modifre par Tajo, a I'artide 2(1) de I'arrete de I'arnexe «J acre de conservation du patrinbre de I'avenue Lancaster et de I'annece « K» , afire de conservation du patrimdre du service du materiel - Ba nsvvicker, fasse I'dtjet dun prep iere lecture. A Tissue du vote, la proposition est adoptee. Pren iere IectLre par titre de I'arrbte intitU6 «Arrete n odfrant I'arrete relatif a x aires de 14 94-297 COMM COLMUCONSOL COMML FEQRUARY 16, 200M-E 16 FEVRI ER 2009 conservation du patriabne de The City of Saint John Proposition du conseiller Farren Appu yee par le conseiller Shcivan RESCLU que I'arrete intituie, «Arrete n° HG01 relatif aux acres de conservation du patrimoine de The City of Saint John n-odifi6 par I'ajout a I'artide 2(1) de I'arrete de I'arrexe «J sire de conservation du patriabne de I'aven.e Lancaster et de I'annece « K» , sire de conservation du patrin-dre du service du rreteriel - l3runsWcker, fasse I'objet dine dwderre lecture. A Tissue du vote, la proposition est adoptee. Dewderre lecture par titre de I'arrete nmdifrart I'arrete relatif aux sires de conservation du patrimdne de The City of Saint John. 9.3 Proposed By-LawArr nt Stop up and Close a Portion of Kng Street East The Corrnm Clerk advised that the necessary advertising was ow-pleted wth regard to the proposed by-lawramandrrent to stop-up and dose a portion of King Street East, by adding thereto Section 200 immediately after Section 199 thereof, \t& no o4ections received. The Nbyor called for rrenters of the public to speak against the proposed amenddrrent \t& no one presenting. The Nbyor called for rrenters of the public to speak in favour of the proposed amandrrent wth Fick Turner appearing on behalf of the applicant indicating that he was in agreement \Mh the staff report and rec ama-elation. Cn motion of Camcillor Farren Seconded byCou cillorSullivan RESCL\EDthat the by-lawrentitled, "A B)~-lawr Respecting the Stopping Up and closing of Hghw,ays in the City of Saint Johri' regarding a portion of King Street East by adding thereto Section 200 imrediately after Section 199 thereof, be read afrrst tine. Question being taken, the mmtion was carried Read a first tine by title, the by-lawentitled A By-law Respecting the Stopping Up and closing of Hghw,ays in the City of Saint John„ Cn motion of Camcillor Farren Seconded by Councillor Snook RESW ED that the by-law entitled, "A By-law Respecting the Stopping Up and closing of Hghw,ays in the City of Saint Johri' regarding a portion of King Street East by adding thereto Section 200 imrediately after Section 199 thereof, be read a second tine. Question being taken, the mmtion was carried Read a first tine by title, the by-lawentitled A By-law Respecting the Stopping Up and closing of Hghmys in the City of Saint John„ 9.3 Modification proposee de I'ant#e su- le zonage Asarnt la ferrtu-e et le ban-age dun troncon de la rue Kng Est La g-effrere conmriale indique que les avis requis ont ete publies relativemant au projet de modification de I'arrete sur la femyeture de routes en vue de fem er et de barrer un traVn de la rue Nng Est, et par I'4out de I'artide 200 a la suite de I'artide 199, et qu'aucxrie opposition n'a ete reg-e. Le rraire invite le public a e)#n-e son opposition quant a la modification proposee, mars persanne ne prend la parole. Le rraire invite les maTbres du public a e)#n-er leur appui quart a la rrodfrcation proposee. Fick Tuner, au nom du derrandeur, indique qu'il est dacccrd aver le rapport et la reoorrrrarrdation du personnel. 15 94-298 COMM COLMUCONSOL COMML FEBRIWRY 16, 2MM-E 16 FEVNER 2009 Proposition du conseiller Fayren Appu* par le conseiller Sullivan RESCLU que I'arete intitulb «Arrete su- I'intemption cle la circulation et lafenretu-e des routes dens The City of Saint John concernant un trongon cle la n,e Nng Est par I'ajout cle I'article 200 a la suite cle I'article 199, fasse I'objet dune prep iere lecture. A Tissue du vote, la proposition est adoptee. Pren iere lecture par titre cle I'arrete intitulb «Arrete eoncemant la ferrreture et le barrage cle routes dens The City of Saint John Proposition du conseiller Farren Appuyee par le conseiller Snook RESCLU que I'arete intituie, «Arrete su- I'intemption cle la circulation et lafern eture des routes dens The City of Saint John concernant un trongan cle la n,e Nng Est par I'ajout cle I'article 200 a la suite cle I'article 199, fasse I'dbjet dune decuderre lecture. A I'issue du vote, la proposition est adoptee. D&Dd6ra lecture par titre cle I'arete intitulb «Arrete ooncemant la fenmbre et le barrage cle routes clans The City of Saint John 9.3 (a) Proposed By-Law Arnandmant Kng Street East Cn nmtion of Councillor Fan-en Seconded by Cou cillor Court RESCLVED that: 1. In the event that the tm (2) portions of King Street East, 2.1 square metres and 0.4 square metres, are stopped-up and dosed, The City of Saint Jdnn sell its fee simple interest therein to Card Ann Mlne for $3,217.00 plus HST, if applicable, on or before May 29, 2009, and further, 2. The Meyor and Corrnnorr aerk be authorized to sign any documents required to finalize the transfer. Question being taken, the motion was carried 9.3a) Projet de m)dficafion de 1'an-ete visant la rue Kng Est Proposition du conseiller Farren Appuyee par le conseiller Court RESCLU que : 1. Au cas ou les deux (2) tm ngans cle la n,e King Est, dune superficle respective cle 2,1 mares canes et cle 0,4 rckre cane, sont ferrTbs et banes, The City of Saint John procede a la vente cle I' intent a Card Arrn Mlne pour 3 217 TVH en sus, s'il y a lieu, au plus tard le 29 mei 2009. 2. Le moire et la greffiere ocmTunale slant autorises a signer toute la cloc urns station reguise afin cle c:ondu-e le transfert. A I'issue du vote, la proposition est adoptee. 10. Consideration of Byaaws 10.1 Third Peadrig Zoning BV-LmAme nEr t 296 Pb son F ad Cn motion of Councillor Fan-en Seconded by Councillor Snook RESCLVED that the by-lam entitled, "B~Iatv Nu Ter C.P. 110-95 A lawto A Tend the Zoning By-Lawaf the City of Sedr t John' amending Sdiedule "A', the Zoning Map of The City of Saint Jdnn, by rezoning a parcel of land located at 295 Morrison Road, hawing an area of approm ately 1.14 hectares, also identified as being a portion of RD ruTber 55071351, from " P' Park to "RR' Cne Farrily Rural Residential, classification, be read. Question being taken, the motion was carried 16 94-299 COMM COLMUCONSOL COMML FE NUARY 16, 2MM-E 16 FEVRI ER 2009 The by-lawentitled, "By-Ia01irrber C. R 110-96 A Lawto An>?nd the Zorrng By-law of the City of Saint John", was read in its entirety. Cn motion of Cou cillor Titus Seconded by Councillor Farren RESCUED that the by-laiv entitled, "B)~-Iadv Nurimr C.P. 110-96 A Law to Amend the Zoning By-LaN of the City of Saint John' amanding SdiedAe "A', the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 295 Monson Road, having an area of approximately 1.14 hectares, also identified as being a portion of RD mni)er 55071351, from" P' Park to `RR' Cne Fanily Rural Residential, classification, be read a third time, enacted, and the Corporate Cgn7rm Seal affixed thereto. Question being taken, the notion ves carried The by-lawentitled, "By-law Nurber C. P 110-96 A Lawto Anend the Zoning By- law Of the City of Saint John", was read a third time by title. 10. nude des antes nxxricipaux 10.1 Trasieme lecture du projet de modification de I'An-&6 de zonage Asant le 296, chemn Morrison Proposition du eonseiller Farren Appuybe par le conseiller Shook RESCLU que I'arrete intitcle «Arrete n° C. P. 110-96, Arrate nrxifiant I'arrete de zorege de The City of Saint John rracifiant I'anrwe «A plan de zonage de The City of Saint John, en prockdant au rezonage dune parcelle de terrain situee au 296, chenin Morrison, dune &Wiide approx imative de 1,14 hectare, inscrite en partie sous le NI D 55071351, afin de la faire passer de zone de parc « P» a zone residentielle rurale- habitations unifaniliales RR fasse I'objet dune lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitcle «Arete no C. P. 110-96 rrodifiant I'Arrete de zonage de The City of Saint John est lu integralenant. Proposition du eonseiller Titus Appuybe par le conseiller Farren RESCLU que I'arrete intitule «Arrete n° C. P. 110- 96, Arrete modifiant I'arrete de zonage de The City of Saint John rrodifiant I'annexe «A plan de zonage de The City of Saint John, en prooedant au rezonage dune parcelle de terrain situee au 295, ch&n n Morrison, dune superfine approAaEtive de 1,14 hectare, insciite en pantie sous le NI D 55071351, afin de la faire passer de zone de parc « P» a zone residentielle ruale- habitations unifaniliales « RR fasse I'oW dune trasiene lecture, que ledit arrete sat edidb et que le sceau oon axial y sat s6- A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete n° C.P. 110-96, Arrete nmdifiant I'arrete de zonage de The City of Saint John 10.2 (Alb) Proposed M1.rricipal Ran and F booning Airerlaents Peel Plaza 10.2(c) Section 39 Conditions Cn motion of Camcillor Farren Seconded byCcu cillorSullivan RESCUED that the by-law entitled, "By-law NuTber CP 105-24 A Law to Anend the Uncipal Ran By-LaW amending Schedule 64 of the Uptaiun Strategy, by redesignating an area of appr Amately 51,000 square metres, identified as RD Nuribe's 00040014, 00039075, 00037747, 55105062, 00037481, OOCbt 1.9, ODCut ib2, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 551 ioiy2, 00038455, 00037697, 000399033, 55033773, 00039735, 55190151, 55190177, 5508891a and a portion of 00037689 from LoN Intensity Mx to Hgh Intensity Mx classification, be read. 17 94-300 COMM COLMUCONSOL COMAVAL FE NLIARY 16, 200M-E 16 FEVNER 2009 Question being taken, the motion was carried The by-lawentitled, "B)~-law Number C.P 105-24A La mtoArrend the M.nicipal Ran B)~-La,V, was read in its entirety. Cn motion of Cou cillor Titus Seconded by Councillor Farran RESCLVED that the by-lam entitled, "B~Iatv Nu Ter C.P 105-24A LarwtoAmehd the M.nicipal Ran B)~-LaW amending Schedule 64 of the tJp aw Strategy, by redesighating an area of approAnEitely 51,000 square metres, identified as RD Nurrbas 00040014, 00039875, 00037747, 55108062, 00037481, 000ot isj, 000 t tb2, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 551ibiu2, 00038455, 00037697, 00039933, 550,wi:5, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689 from LoN Intensity Mx to Hgh Intensity Mx classification, be read a third time, enacted, and the Corporate Comm Seal fixed thereto. Question being taken, the motion was carried Read a third tine by title, the by-Iawentitled, "B)~-law Nurrber C. R 105-24, A LaNVto Amend the Municipal Ran B)~-lawdf The City of Saint John. Cn notion of Couhc illor Titus Seconded by Councillor Farren RESCLVED that the by--law entitled, "B)~-la tv NuTber C. P 110-97 A Law to Amend the Zoning B~-Law of The City of Saint John' ananding Schedule "A', the Zoning Map of The City of Saint John, by rezoning an area of approximately 51,000 square rretres, identified as RD Nuni)ers 00040014, 00039875, 00037747, 55108062, 000337481, OOCui ice, 000, i ib2, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 550:5;51 i:5, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689, from "IL-1" Neighbourhood Institutional, "FM1" Three Storey M itiple Residential, "1-2' Heavy Industrial and "B-2" General Business to " B-3" Central Business pursuant to a resolution adopted by Corn-ion Council under Section 39 of the Camtnity Ranning Act, be read. Question being taken, the motion was carried The by-lawentitled, "B)~-law Number C. P 110-97, A Lawto ArTend the Zoning B)~-lawof The City of Saint John, was read in its entirety. Cn notion of Cou cillor Titus Seconded by Councillor McGuire RESCLVED that, pursuant to the provisions of Section 39 of the Commmity Raining Act, the proposed development of a parcel of land \t& an area of approxin- tely 51,000 square metres, identified as RD Nuni)ers 00040014, 000339875, 00037747, 55108062, 00037481, OOUSi i:59, 000.5i ib2 00037507, 000337499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 000337697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689 be subject to the fdloWng conditions: Specific to the Justice Facilitv a The site be developed in general acoordanoa\t& the submitted site plan prepared by the developer and subject to the approval of the Development Cfficer, illustrating the location of all buildings, structures, parking areas, diveAays, signs, landscaping and other site featires. b. The structure be erected in general accordance \t& the subrritted building elevation plans and be a4ect to the approval of the Development Officer. Sm ifictotheParidnaFacility a The site be developed in accordance \t& a detailed site plan prepared by the developer illustrating the location of all buildings, structures, parking areas, driveways, sighs, landscaping and other site featires. 18 94-301 COMM COLMUCONSOL CON LA AL FE NUARY 16, 2MM-E 16 FEVRI ER 2009 b. The appearance of the structure be in accordance \t& detailed building elevation plans. c. The developer mast have the Section 39 conditions to include the detailed site plan and building elevation plans. d. The developer provide a traffic study identifying the impacts of the proposed parking structure on existing City streets and provide mooimmndations on any injxovenrents to the street neN%ork required to facilitate the developrrent to the satisfaction of the Developrnent CfFicer and the Chief City Engineer. Specific to the P1.blic Raza a The City of Saint John provide the public \t& an opportunity for input on the final design of the public plaza prior to its oanstruction. Applicable to Arne Develoarnent on the SLd*d Pro eyrt a M.nicipal servicing be provided to the satisfaction of the Chief City Engineer or his designate. b. All development mast be in as ordance i& a detailed drainage plan, sAect to the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried Cn motion of Councillor Titus Seconded by Councillor Fa-ren RESCL\EDthat theby-lam entitled, "B)~-law Number C. P 110-97 A Lawto Amend the Zoning B)~-Lawof The City of Sa in John" amending Schedule "A', the Zoning Nap of The City of Saint John, by rezoning an area of approximately 51,000 square mitres, identified as RD Nurbers 00040014, 00039875, 00037747, 55108062, 00037481, COO& 1-,,9, ODCbt ib2, 00037507, 00037499, 00037515, 55088900, 55094908, 56084420, 551 ibia2, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689, from" IL--1" Neighbourhood Institutional, "FM 1 " Three Storey Multiple Residential, "I-2" Heavy Industrial and " B-2" General Business to " B-3" Central Business pursuant to a resolution adopted by Comm Council under Section 39 of the Cam-.pity Planning Act, be read a third time, enacted, and the Corporate Comm Seal affixed thereto. Question being taken, the motion was carried Read a third time by title, the by-law entitled, "By-law Nuni)er C. R 110-97, A Law to Ar and the Zoning By-lawof The City of Sault John. 10.2a,b) Projet de modification du plan municipal et du rezonage Asant la place Peel 10.2c) Corxitions inposees par I'artide 39 Preposition du oonseiller Farren Appcyee par le conseiller Shcivan RESCLU que I'arrete intitdle «Arrete W C. P 105- 24 mbdifiant I'arrete rdatif au plan mmicipal modifiant a I'alme, «64» de la strategie de Uptam Saint John la dassificaticn dune paroelle de terrain dune superficie denviron 51000rretres canes, pcrtant les NID0004C014, 00039875, 00037747, 55108062, 00037481, OOCbi i s9, COCbi ib2, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918 et une partie du NID00037689, pax la faire passer de zone de melange a faible densite a zone de rrdange a forte densite, fasse I'otjet dune lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitcle «Arrete n° C. P. 105-24 rrocifiart I'arete rdatif as plan municipal » est lu integalema'rt. 19 94-302 COMM COLMUCONSOL COMAVAL FEQRLIARY 16, 2MM-E 16 FEVRIER 2009 Proposition du connseiller Titus Appuyee par le conseiller Fan-en RESCLU que I'arrete intitUb «Arrete n° C. P. 105- 24 rrodifiarlt I'an-6te rdatif au plan nwicipal rracifiant a I'annexe «6A» de la strategie de Loom Saint John la classification dune parcelle de terrain dune sLWiide dermron 51000 rckres canes, portant Ies NID 00040014, 00039875, 00037747, 55108062, 00037481, OOCbi i.s9, 0OC t ib2, 00037507, 00037499, 00037515, 55088900, 56094908, 55084420, 551 ibiy2, 00038455, 00 tw7, 00039933, 5503ot ib, 00039735, 55190151, 55190177, 55088918 et we pantie du NI D 000337689, pour la faire passer de zone de melange a faible densite a zone de rrelange a forte densite, fasse l'objet dune troisieme Iedure, que ledit arrete scit edicte et que le sceau ccmT lnal y sat appose. A Tissue du vote, la proposition est adoptee. Troisieme ledLre par titre de I'an-6te intitule «Arrete rP C.P. 115-24 rrodifiarlt I'arrete relatif au plan m_nicipal de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller Fan-en PESCLU que I'arrete intitule «Arrete n°CP 110- 97 modifiant I'arrete relatif au plan nu icipal de The City of Saint John modifiant I'annexe «A plan de zonage de The City of Sairt John, en prooedant au rezonage dune parcelle de terrain dune superficie der Mron 51000 metres canes, portal les NID 00040014, 00039875, 00037747, 55108062, 00037481, OOC.si r s9, 000337762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 551 ibiy2, 00038455, 00037697, 00039933, 550miib, 000339735, 55190151, 55190177, 55088918 et we pantie du NID000337689, pour la faire passer de quartier a vocation odledive <d L-1 de zone residentielle dinTcabes a logennants m ltiples de trois etages «PM-1 de zone dindustrie lourde < I-2» et de zone oorrrerciale generate «B,2» a zone centrale c orrnerdale «B,3 »,ocrfarrren'ent a we resolution adoptee par le ocnseil coim'r.rral en vertu de I'artide 39 de la Lol surl'urbadsrre, fasse l'objet dune lechxe. A Tissue du vote, la proposition est adoptee. Lan-6te intitdb «Arrete n° C P. 110-97 rr-odfiart I'An-6te de zonage de The City of Saint John est lu integrderrr A Proposition du conseiller Titus Appuyee par le conseiller McGAre PESCLU gUen vertu des c ordtionrs prevues a I'artide 39 de la Ld surl'urbanisrre, I'arrenagennant propose dune parcelle de terrain dune superfide derrviron 51000 metres canes, portal les NI D 00040014, 000339875, 00037747, 55108062, 00037481, 000.si i:s9, OOC.si ib2, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 551 ibiy2 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918 et une pantie du NI D 00037689, sat assujetti aux conditions sLivantes : Proore au centre iucidaire a) L'arrenagerrent de 1'errplacerrent dat titre oonforn-e de rreniere generate au plan de situation presente, prepare par le pronmterx et sujet a I'approbation de I'agent darrenagenBnt, indiquant l'errplacennnt de tous Ies batiments et de toles Ies oonshictions, les aires de stationnement, les voies dacobs, les affid-es, les espaces paysagers et Ies adres caracteristiques de 1'errplacerrent. b) Le batimert dat titre edifie oonforrT'bmmnt, de rra iere ger&de, aux plans delevaticn presentes et titre so a I'approbabon de I'agent dom. Prome au varo de statiommient a) L'antnagen-ent de 1'errplacerrent doit titre oonfom-e au plan de situation detaille, prepare par le pro r oteur, indiquant 1'"acerrent de tous Ies batiments et de toles Ies oonstnudions, les aires de stationnennant, les voies dacoes, les affid-es, les espaces paysagers et les adres caracteristiques de 1'errplacerrent. 20 COMM COLMUCONSOL COMA AL FEQRUARY 16, 2MM-E 16 FEVRI ER 2009 b) L'asped dlu batin-erl cat titre oanfaire a.u(plans del6vation dbOlles. c) Le prorrroteu- doit respecter les conditions de I'artide 39 afin dintegrer le plan de situation detaille et les plans del6vatial d) Le prorrroteu- fcumit uhe etude de la droAaticn d keminant les inddenoes de I'aire de statiornennant proposee su- les rues existantes de la Ville et erret des mocniT claitions relatives aux ahn?Iiorations rkessaires du reseau urban pour faiciliter la rise en came, a la satisfaction de I'agent danYmgenmrit et de I'ingenieur mxicipal en chef. Promo re a la place pWiq e a) The City of Sault John acoorde au public la possibilite de s'e)#rrer relatives ent au concept dfiirrtif de la place publique avant sa censtruction. Applicable a tous les arr6naconants de la orooriete en auestion a) Des services m napaux convert titre assures a la satisfaction de I'ingenieur m,nidpal en dhef ou de son rerrpla~ant. b) To is les arr 6nagerrents davent titre oorfan-es a un plan de drainage deta ille sujet a I'approbation de I'ingenieur mahidpal en chef ou de son rerrplagant. A Tissue du vote, la proposition est adoptee. Proposition du croseiller Titus Appcyee par le conseiller Fan-en RESCLU que I'arete intitdle «Arrete W C. P. 110- 97 rrodifiaht I'arrete relatif au plan municipal de The City of Saint John n-cclifiant I'annexe «A plan de zonage de The City of Saint John, en prooedant au rezonage dune parcelle de terrain dune superficie denviron 51000 metres canes, pcrtant les NI D 00040014, 00039875, 00037747, 55108052, 00037481, OOCut 1-,,9, OOO.si rot, 00037507, 00037499, 00037515, 55088900, 56094908, 55084420, 551 ibiy2 00038455, 00037697, 00039933, 550,,ot t6, 00039735, 55190151, 55190177, 55088918 et une partie du NID 00037689, pa,r la faire passer de quartier a vocation collective « I L-1 de zone residentielle din reubles a logerrents mitiples de trois etages « RNf1 de zone dindustrie Ieurde «1-2» et de zone c orrrerdaie generale «B-2» a zone eentrale c orrrerdaie «13,3 corfonrerrent a une resolution acloptee par le croseil oarrrunal en vertu de I'artide 39 de la Ld suffurbanisrre, fasse I'oW dune trdisierre lecture, que (edit arrete sat edicte et que le sceau ocmmnal y sat appose. A Tissue du vote, la proposition est adoptee. Troisierre lecture par titre de I'arete intitule «Arrete n° C.P. 110-97 rrcdifiaht l'An-dte de zahage de The City of Saint John 11. Subnissions by Council Members 11.1 Garbage Collection SchedAe for Priority Neighbouiioods (Councillor Shook) Cn motion of Ca,ncillor Shook Seconded by Ca,ncillor Titus RESCL\ED that the City Manager bring favvard a report outlining the challenges of inplerrenting a bi-vveekly garbage collection schedule in Saint John's five priority neighbourhoods and in doing so, state the rationale for weekly garbage pick-up, and further, the report provide possible strategies the mxicipaiity could inplement in order to facilitate the elin ination of this accormuclaition. voting nay. Question being taken, the nmtion vves camed vvith Councillor McGuire 21 COMMM COLMUCONSOL COMA AL FE RLIARY 16, 200M-E 16 FEVRIER 2009 11. Intwv entions des mrenixes du Conseil 11.1 Horaire de collecte des ordures pow les quartiers prioritaires (Conseil ler Snook) Proposition du conseiller Snook Appuyee par le conseiller Titus RESCLU que le directeu r general presennte un rapport cOnissant les cUs de raise en came dun horaire bihebdor ctiire de cdlecte des ordures dais les cinq quartiers prier taires de Saint John, gdil presennte les avantages du rarrassage hebdorradaire des ordu-es et que le rapport propose des strategies pa A/ant titre raises en place par la m xicipalite afln de faciliter la suppression de tie service. A Tissue du vote, la proposition est adoptee. Le Conseiller McGuire vote centre la proposition 12 Business Matters - Municipal Wicers 121 C.amittee of the V\hole Meetings Location Gun motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that as recommended by the Comrrm Clerk, coundl approve the fdloning nrotions: 1) Resolved that the motion of Noverrber 10, 2008. "RESOLVEDthat unless otherwise approved, that adl open Corrmttee of the V\nole meetings take place in the Council Charrber.", be rescinded, and father 2) Resolved that at the discretion of the Com-ncn Clerk committee of the whole meetings be scheduled in the ca ndl amber, 8'" floor board room, or other appropriate location, subject to diange by a vote of Council. Question being taken, the motion was carried 12 Affaires nwicipales evoqu6es par lesfonctionnaires m ur icipaux 121 Lieu de reunion du comiite plenier Proposition du oonseiller Titus Appu.iyee par le eonseiller McGuire RESaU que, oomYe le recd - ande la greffiere ccmTurale, le Conseil approve les diangerrents suivals : 1) Resdu que la proposition du 10 novenrbre2008 : « RESCLU que, a moins qu'il ne scit appro rve autm ent, toutes les seances p,blig-es du comite plenier se tiernent clans la Salle du Conseil sat revoquee. 2) Resolu qda la discretion de la greffiere ccnTax ale, les seances du ocn ite plenier se tiernent clans la salle du censeil, dans la salle de conference du T etage, ou dans un autre lieujuge adequat, sujet a mocificeitions par un vote du Conseil. A Tissue du vote, la proposition est adoptee. 122 Water & Sewerage Byaaw- Imposition of Fines uidw the Municipalities Act Gun motion of Councillor Titus Seconded by Councillor Fan-en RESCLVED that as recommended by the City Solicitor, The City of Saint John undertake the appropriate initiatives to acheve amandnal of the MxnicipalitiesAct so as to permt the irrposition of the fdloning fines for violation of a n-Lnicipal water and se,nerage by-laN. (a) for an individual - afire not exceeding $10,000 for a first offence; not more than $20,000 for a subsequent offence, and (b) for a corporation - a fine not exceeding $50,000 for a first offence, not more than $100,000 for a subsequent offence. Question being taken, the motion was carried COMM COLMUCONSOL CaMML FE NUARY 16, 200M-E 16 FEVRI ER 2009 122 Antt& concernant ies reseaux Beau et degouts - Imposition damendes en vertu de la Lai sur les nunicipalites Proposition du connseiller Titus Appcyee par le conseiller Farren RESCLU que, c cmTe le reconnnande I'avocat m i nicipal, The City of Saint John prenne Ies iritiatives adequates pour mcdfier la La surles rrunidc a ites afin dautoriser I'irrposition des arr endes suivantes pax une infraction a I'arrete m xiicipal concernannt Ies resealed dean et degouts : (a) pour une personne- uie arr ende n'exceclant pas 10 000 $ pour une prenriere infraction; n'exoedant pas 20 000 $ pour uie infraction clterieure, et (b) pour une entreprise- une a ende n'exoedant pas 50 000 $ pour une premiere infraction; n'excedant pas 100 000 $ pour une infraction ulterieure. A Tissue du vote, la proposition est adoptee. 123 Legal Services - Fuel Raza Pedmdopirm t Cn motion of Councillor Titus Seconded by Councillor Farren RESCL\ED that as reocrm-ended by the City Sol icitor, Common CcundI approve the moment of the Ste,nard NIJ<~elvey firm to assist the City Sdidtor's Office in providing legal services throughout the issuance of the Request for Qualifications associated v& the Peel Plaza Project, and in the event that Conrrrm Caml decides to proceed with the public-private partnership procurerre t process, throughout the issuance of the Request for Proposals to the financial dose, in accordance with the ted•rnical and financial proposals subrntted by the firm voting nay Question being taken, the ruction ves camed v& Councillor Hggins 123 Services juriciques reiatifs au roan mgement de la place Fbel Proposition du conseiller Titus Appcyee par le conseiller Farren RESCLU que, oomre le recomnande I'avocat rrt icipal, le ocnseil commi-al approuve I'engagerrent du cabinet davocats StaAert MJ<dvey pour fournir des sermoesjuiciques au cabinet de I'avocat rrr.nicipal pax 1'errission de la derna nde de qualifications relative au projet de la place Feel, et au cas oiu le oonseil car rnunal decide de proceder au processus daprmAsionnerr ent dun partenariat public prive, pendant 1'errission dune deem-dle de propositionsjusguia la doture finandere, ocrfornt nrennt a x propositions techniques et financieres presentees par le cabinet davocat. A I'issue du vote, la proposition est adoptee. Le oonseiller Hggins vote ocntre la proposition 124 Water Street and Pedestrian Services Cn motion of Councillor Titus Seconded by Councillor Faren RESCL\ED that as recorrrmyled by the City Nbnager in the submitted report entitled Venter Street and Pedestrian Services, Corrnon Council: 1) Declare that making Saint John the most liveable vUnter city possible is a shared responsibility and requires the cooperation on the entire corrrr unity, and; 2) Recognize that variable vUnter conditions vWI affect the delivery and cost of writer street and pedestrian services, and that service planning shall reflect this reality, and; 3) Redefine service levels and update perfom 3me expectations by Nbrch 30`", 2009, and; 4) In light of variable and unpredictable vkE#-er conditions, consider incorporating a ocrrtingercy funding nednanismfor anro-d operating budgets for venter services, and; 23 COMM GOLMUCONSOL COMA AL FEQRI.WRY 16, 2MM-E 16 FEVRIER 2009 5) Adopt the 7-point approach to vUnter m-street parking, identified in the submitted repot, and ask the City Solidtor to w* wth staff to deft appropriate by-lawpromsions or an endmmnts and associated operating procedures by march 30`", 2009, and; 6) Reiterate that no person shall place s mor ice upon arpr street or sideAk in a mmnner that in pedes or is likely to inpede the moverrent of traffic or pedestrians, or restricts and inpedes v~inter snwoantrol operations or delivery of services, ark 7) Accept in principle the need for by-lauvan endments to better deal \t& those who deposit s mon mmidpal sidewalks, and request the City Sdidtor to craft by-lauvarrendrrents s r mrized in the submitted repot for Council's consideration by march 30?", 2009, and; 8) Recognize that snow ren-Oval based on the priorities identified in the submitted report is an essential part of the Otys v~inter street and pedestrian services, and; 9) Support an enhat-ced public infomnation model for v~inter services, and; 10) Ask n eda agendes to vD-k censtructivdy \t& the Qty tanrards improving winter street and pedestrian services, and; 11) Consider the policy aspects of the wand Ice Cantrd Pan by march 30?", 2009. Question being taken, the motion was carried 124 Services pietorrrriers et roubers dhiver Proposition du oo nseiller Titus Appuyee par le conseiller Fan-en RESaU que, oomre le reconTmnde le directe,r general dens le rapport presente intitcle Services pi&n niers et routiers dhiver, le censeil ccn7Ylxd : 1) Dedare que fedre de Saint John la ville la plus agreable possible en hiver est we respansabilite partagee et request la cooperation de to ute la odlectivite; 2) Reom'dt que les conditions dimatiques variables de I'hiver aurant we incidence sur la livraison et le coat des services 06torrriers et ro utiers dhiver, et que la plarifrcation des services dot refieter oette realite; 3) Redefinit les riveaux de service et net ajar les attentes en matiere de render ernt did le 30 mars 2009, 4) En rauscn des oondtians dimatiques variables et inprNsibles, envisage dincorporer un n bccanis m de frnanoaml durgernce pour les budgets de fanctiannen ent annuels des services dhiver, 5) Adopte I'approche en 7 points du stationnen-e nt sur nue en hiver precisee dans le rapport so umis et dam-de a I'avocat rrwidpal de travailler avec le personnel pax rediger les dispositions et les amanderrernts de I'arrete et Ies nmdalites de fanctionnen ent oorespo ncantes did le 30 rrars 2009, 6) Rdtere quil est interdit a quieonque de duo de la rage ou de la glace scr to ute rue ou taut trottar de rreniere a obstwer, ou a axcasiorrner des possibilites dobstnuction de la circulation ro utiere au pedestre, au encore a restreindre et a gener les services de deneigement au les services de Iivraison; 7) Acaepte en prinncipe le besan de modifications de I'arrete afin de mieux gerer c eux qui deposent de la neige sur les trotters mxidpaux et danar- to a I'avocat mmicipal de rediger des modifications de I'arrete resurrees dais le rapport saumis aux fins dexarren par le oanseil did le 30 rings 2009, 8) Recm'dt que le deneigement, tel qu'il est cUn par Ies pnontes predsees dans le rapport so umis, est une pantie essentielle des services pietonniers et ro utiers dhiver de la Ville, 9) Est en faveur dun n-dlleur nnclde dinfom-ation publique six Ies services dhiver, 10) DaTeride aux agences des n bdias de travailler de rreniere c:onstnuctive avec la Ville afrn dan-diorer les services 06tonniers et rautiers dhiver, 11) Prend en consideration les aspects politiques du programl•e de deneigement et de deglapage did le 30 mars 2009. A Tissue du vote, la proposition est adoptee. 24 94-307 COMM COLMUCONSOL CON LA AL FE NUARY 16, 200M-E 16 FEVRI ER 2009 125 Saint John ftter-2008 Annual V oter Report Cn motion of Councillor Snook Seconded by Councillor Titus RESCUED that as recammi-ided by the City Manager in the submitted report entitled Saint John V\bter -2008 A T ual Waste later Report, Cam-on Candl receive and file the said report, and authorize the City Manager to forward the 2008 Saint John V\bter-A TW VasteNater Report to the Department of Envircm-art on behalf of The City of Saint John (Approval Holder). Question being taken, the ruction was carried 125 Rapport annuel de 2008 relatif au reseau daqueduc et degm is de Saint John Proposition du croseiller Snook Appuyee par le conseiller Titus RESCLU que, came le recaTTTur de le directer r general dens le rapport presente intitcle Rapport annuel cle 2008 relatif au reseau daqueduc et degouts cle Sault John, le conseil eorrn xial a ccepte et classe ledit rapport et autaise le drecteur general a expecier le rapport de 2008 relatif au reseau daqued.rc et degouts cle Sault John au n irlstere cle I' Envirannen-ent au ran cle The City of Saint John (titulaire cle I'agr6mant). A Tissue du vote, la proposition est adoptee. 7. Proclamation 7.1 The M3ycr declared February 16, 2009 as Heritage Day in the City of Saint John. 7.2 The Nbyor declared the Veek of February 22~ to February 28'", 2009 as Freedom to Read V\bek. 7. Proclamation 7.1 Le n-dre dledare que le 16 fe mer 2009 est la Fete du patrimane clans The City of Sault John 7.2 Le n-dre dledare que la semeine du 22 au 28 fevner 2009 est la semne cle lecture en toute liberte. 126 Vacant and Derelict Buildings Update Cn motion of Councillor Titus Seconded by C un illor McGuire RESCUED that the report dated February 12, 2009 entitled Vacant and Derelict Buildings, be received for infwmition. Question being taken, the ruction was carried 126 Mse a jour relative aux b5timents vacarrts et abandonnes Proposition du croseiller Titus Appuyee par le conseiller McGuire RESCLU que le rapport date du 12 fevner 2009 intitule Batiments vacants et abandomes, sat acoepte a titre irlfam:rtif. A Tissue du vote, la proposition est adoptee. 1211 Tema; of the Fall 2008 Debenture Issue Cn motion of Councillor Titus Seconded by Councillor Fa-ren RESCUED that as recammi-ided by the treasurer, the report dated February 5, 2009 entitled Terms of Fall 2008 Debenture issue be received for irfam:tion Question being taken, the ruction was carried 25 CONNIM COLMUCONSBL COMA AL FEt3RLIARY 16, 2MM-E 16 FEVNER 2009 1211 Concitions de ('emission dobligations de I'automie 2006 Proposition du omseiller Titus Appuyee par le conseiller Farren RESCLU que, comTe le reconT aide le tresorier, le rapport date du 5 fevrier 2009 intitcle Conditions de 1'errission dodigartions de I'automie 2008 sat accepte a titre irforn-atif. A Tissue du vote, la proposition est adoptee. 1212 Pevision to the 2009 General Fund Capital Budget Cn motion of Deputy Nhyor Chase Seconded by Ca,ncillor McGuire RESCLVED that as recommended by the treasurer, Common Counal approve the revision to the General Fund Capital Budget in the sum of $1,651,900 as outlined in sr omitted report. Question being taken, the motion was carried 1212 FWsion du budget dinyiobilisations de 2009/Fords dadminisbation Proposition du rreire suppleaht Chase Appuyee par le eonseiller McGuire RESCL.U que, comTe le recon rande le tresorier, le conseil eommral appro uve 1'4usterrrant au budget dirrrrrbilisations du fonds dadrrinistration dune somre de 1651900 tel que le sculigne le rapport presente. A Tissue du vote, la proposition est adoptee. 13.3 C:onnittee of the Wide Report Ernst &Young Letter d Engagement. Cn motion of Councillor McGuire Secorxled by Deputy Mayor Chase RESC LVED that the Mayor and Common aerk are hereby authorized to execute the Agreement submitted by Ernst & Young in the form of a Letter of Eingager ernt for the development of a Perfanwoe ManagerTEnt Program for the four positions reporting cirectly to Comm icn Ca icil, vUth the revisions that: (1) the Agreement be construed in accordance wth and a4ect to the lams and courts of New Bu-&mck; and (2) that ComrTm Council be identified as the authority to approve and inplenent such a program Question being taken, the motion w?s carried vUth Councillor Hggins voting nay. 13.3 Rapport du conite piaiier relatif a is lettre de mission dEmst &Young Proposition du eonseiller McGuire Appuyee par le rraire suppleant Chase RESC_U que le rraire et la g-effiere con axde sciert autaises a signer I'aceord presente par Ernst &Yo ung sous la forme dune Iettre de mission pour le develcppement dun prograrrrre dr gestion du rerrdeniant pour Ies quatre postes rdevart cirectement du eonseil oomrn nal avec Ies agustemants suivants : (1) I'accord est interprets corforntnrent a x Ias et a x ocurs de justice du NouveaxkBru mv ck et Ieur est assujetti; et (2) le ocnseil commt-al est pradse c m m-e I'autonte paavant Waiver et mettre en oeuvre un tel progaTn-e. A I'issue du vote, la proposition est adoptee. Le oonseiller Figgins vote centre la proposition 2s 94-309 COMM COLMUCONSOL COMA AL FE NUARY 16, 200M-E 16 FEVRI ER 2009 127 Request for Open Cony ittee of theVUnole Meeting - March 9, 2009 Cn motion of Councillor Titus Seconded by Councillor McGuire RESCUED that as necorrrrerrded by the City Menager, Corrmron Council meet in open session of Corrmftee of the V\rde on March 9, 2009 at 5:00pm to receive presentations from Dr. Mctrael Irdna respecting Saint John's current planning process and from Staff and the Design and Bindings Standards Cormittee regarding urban design, and further, that Council invite the Planning Advisory Corrmttee to attend and participate in the discussions. Question being taken, the mmtion was carried. 127 Demande dune seance publique du Comte planer le 9, im s 2009 Proposition du conseiller Titus Appcyee par le conseiller McGuire RESCLU que, oam e le recornunde le directeu- general, le Conseil communal se reunisse pour une seance publique du oor ite plenier le 9 nears 2009 a 17 h pour assister aux presentations de M. Mdnael I rdna concernant le processus aduel de planification de Saint John et du personnel et du oomte su- les norrres de cameption et de construction concernant I'art uibain, et que le Conseil invite le Comte consr ltatif durbanisme a assister et a participer a x discussions. A Tissue du vote, la proposition est adoptee. 129 Nominations to the Registers of Fistoric Places Cn motion of Deputy Mayor Chase Seconded by Councillor McGuire RESCL\ED that Comm Ca nci l: 1) List the following properties on the City of Saint John Register of Fistoric Places: a) 274 Sydney Street -fan-er H MSC Bummcker/Crdinance Caps (Buldings#36) PID#55153423and b) 266 LancasterAveme PID ~~r; (Earl Estate) including the buildings and structures at: 3 Dunedin Lane; 5 Drnedin Lane; 11 Dnnedin Lane; 16 Dunedin Lane; 20 Dunedin Lane; 522 Efwards Avenue; 532 Edwards Avenue; 266 Lancaster Avenge; 2 Tipperary Court; 3 Tipperary Court; 5 Tipperary Court; 6 Tipperary Court; and further, 2) Ncn inate the properties noted in 1) above to be listed on the New RunsWck Register of Fistonc Races and Canadian Register of Fistoic Races. Question being taken, the nmtian ves carried 129 Nominations aux Repertoires canadens des lieux historiques Proposition du moire suppleant Chase Appcyee par le conseiller McGuire RESCLU que le Conseil comunal 3) Inscrive les proprietes sukertes au Repertoire des lieux histc iques de The Qty of Saint John : a) 274, nee Sydney -anden service du ni t6nel-HVSC Rn ns mcke- (bati ment n° 35) NI D n° 55153423 b) 266, avenue Lancaster NID n° OM''nr; (Earl Estate), dent les batiments et les constructions sites aux : 3, adlee Dunedin; 5, allee Drnedin; 11, adlee Dunedin; 16, allee Dunedin; 20, adlee Dunedin; 571 avenue Edwards; 532, avenue bards; 266, avenue Lancaster; 2, court Tipperary, 3, court Tipperary; 5, court Tipperary, 6, oourt Tipperary; 4) Propose I'inscriptian des proprietes mentionnees plus haut 1) au Repertoire des lieux histong-es du Naavea +Brur&mck et au Repertare canadien des lieux historiques. A Tissue du vote, la proposition est adoptee. 27 94-310 COMM COLMUCONSOL COMAVAL FEQRLIARY 16, 2MM-E 16 FEVRIER 2009 128 Advertising Public Tenders Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that as recom mnded by the City Manager, the report entitled Advertising Rhic Tenders be received for infaTTEition. Question being taken, the motion was carried Cn motion of Caxcillor Farren Seconded by Councillor Snook RESCLVED that CanrTm Council extend its meeting beyond 10:00 p.m Question being taken, the motion was carried wth Deputy Mayor Chase and Caxxillors Titus, McGuire, and Hggins voting nay. 128 PL.blication des appels doffres Proposition du ocriseiller Titus Appuyee par le oonseiller McGJre RESCLU que, oomre le reconTmncle le direr teu- general, le rapport relatif a la presentation des appels doffres sat acoepte a titre irfom-atif. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Farreh Appuyee par le conseiller Shook RESCLU que la seance du conseil conT L d sat prda*e auclela de 22 h. A Tissue du vote, la proposition est adoptee. Le moire suppleant Chase ainsi que les conseillers Titus, McGuire et Hggins voteht oo ntre la proposition. 1210 Fuiding -Cherry Brook Zoo Cn motion of C un illor Sullivan Seconded by C un illor Farren RESCLVED that as recoaTnencled by the Treasrer, the City of Saint John pay the Cherry Rook Zoo's property taxes for 2009 and kither that the Zoo receive the fill $50,000 approved by Council. The Co rmssiaher of Finance advised Council that as part of the 2009 General Fund gcerating budget a pant of $50,000 % as approved for the Cherry Brook Zoo, hoover, he noted that Carol was not made aware at that tirre of the outstanding property taxes oned by the Zoo. He stated that the City has been paying the property taxes and invoicing the Zoo and that for the years 2003-2008 the outstanding charges oA,ed are $52,580.18. Councillor Court stated that he does not support this motion as hevvas not anare that the Zoo oA,ed The City of Saint John mmney for property tax and had he been aware of that fact he would not have voted for the original $50,000 for the Zoo. Councillor Shook stated that he does not feel that Council should provide additional funds over and above the $50,000 to vAch it had preciously agreed. Councillor Mott indicated that in his vieNCouncil should not provide any additional funds to the Zoo. Question being taken, the motion was defeated \t& the Maya and Councillors Court, Snook, McGuire, Titus, and Mott voting nay. Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the process of wthholdng the amou-Tt of the annual property taxes related to the prenises being utilized by the Cherry Book Zoo fromthe approved g-arrt for the Cherry Brook Zoo is ccntinued and further that the outstanding account for the zoo be w itten off prodded that the 28 94-311 COMM COLMUCONSOL COMA AL FEQRUARY 16, 200M-E 16 FEVRI ER 2009 Cherry Brook Zoo be advised that in the future the amount of any grant from the City will beret of the applicable property taxes. Question being taken, the notion was camed with Deputy Mayor Chase and Councillors Higgins, and Sullivan voting ray. 1210 Fnanoement du Zoo Cheny Brook Proposition du conseiller Sullivan Appuyee par le conseiller Fan-en RESCLU que, ocmTe le reocn n ande le tresorier, The City of Saint John aoquitte l'in 0 fonder du Zoo Cherry Brook pour 2009 et que le Zoo regave la some totale de 50 000 $ approuvee par le ocnseil. Le oonmssaire aux finances arose le conseil gUen tart que pantie du budget de fonctiannerr ent du fonds dadn iristration de 2009, we subvention de 50 000 $ est approuvee pour le Zoo Cherry Book; toutefds, it note que le Conseil ne om'dt pas pax ('instant I'irrpat fonder arriere du par le Zoo. I I indique que la Ville a paye I'irrpat fonder et I'a facture aU Zoo et que pour les annees 2003 a 2008, les frais arrieres dus s'elevent a 52 580 Le conseiller Court indique qu'il riappuie pas oette proposition, car it ne savait pas que le Zoo deAt de I'argent a The City of Saint John pour l'inlDa fonder et que s'il I'avait su, it daurait pas vote en faveu- des 50 000 $ irrtiaux verses au Zoo. Le conseiller Snook indique qu'il ne pence pas que le oanseil dove fo rnir des fonds supplerrentaires en plus des 50 000 $ pax lesquels it avant donne son accord. Le conseiller Mott indique qu'il pence que le c onseil ne devrait pas foxrir des fonds supP&nmtaires au Zoo. A Tissue du vote, la proposition est rejetee. Le rreire ainsi que les conseillers Coat, Snook, McGuire, Titus et Mott votent contre la proposition. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESCLU que la retenue de l'inpot fonder annual qui s'applique aux locawc utilises par le Zoo Cherry Brook sur la subvention appmuvee pax le Zoo Cherry Brook scit prdongee et que le Conpte en souFfranoe du Zoo scit annule a condition que le Zoo Cherry Book sdt aAse coti I'avenir la some des subventions de la Ville sera nette de l'inpot fonder. A Tissue du vote, la proposition est adoptee. Le rraire suppleant Chase ainsi que les ocnseillers Higgins et Sullivan votent Contre la proposition. 13. Cormittee Rgxx is 13.1 Ear h Fbu' Participation - Sa sday, March 28 at 8:30-9:30p.m Cn motion of Caxrollor Titus Seconded by Caxrollor McGuire RESCUED that as recornrmyled by the Saint John Einvirom-ert Comrittee, the City of Saint Jdnn encourage all residents and local businesses to take part by turning off na-ressential lights during Earth Hour on Saturday, March 28 at 8:30 - 9:30 p. m Question being taken, the notion was carried 13. Rapports deposes par les conites 13.1 Participation a Une here pour la planate le sameci 28 mars de 20 h 30 a 21 h 3O Proposition du conseiller Titus Appuyee par le conseiller McGuire RESCLU que, came le recorrnande le Comte sur 1'envirannen a nt de The City of Saint Jdnn, The City of Saint John encourage tous Ies residents et Ies entreprises locales de par taper a Une heure pour la plarete en eteignant Ies Iun ieres suipeiflues le sarredi 28 rrars de 20 h 30 a 21 h 30. A Tissue du vote, la proposition est adoptee. 29 94-312 COMM COLMUCONSOL COMAVAL FEBRUARY 16, 200M-E 16 FEVNER 2009 13.2 Conrrittee of the Wiole City Solicitor's Mentershp on the City of Saint John Pension Board as a Trustee Cn nmtion of Camcillor Sullivan Seconded by Ca.ncillor McGuire RESCLVED that fdknMng the discussion Wth an outside legal advisor, the City Solicitor is legally able to sit as a rrerr mr on the City of Saint John's Pension Board as a trustee and furthermore that Comm Council supports his rrerrbership on this board. voting nay. Question being taken, the motion was carved \t& Ca xillor Farren 13.2 Conine plenier relatif a I'avocat municipal siegeant au Conseil dadninistr ition du regime de reti-aite de The City of Saint John en tant que fiduciaire Proposition du conseiller Sullivan Appuyee par le eonseiller McGuire RESGL.U cldti la suite de la discussion aver un conseillerjuridique incl6penclant,1'avocat municipal scit legalemant habilite a sieger au Conseil cradn irrstration du regin-e de retraite de The City of Saint John en tart clue fidudaire et clue le eonseil eorrnunal appuie son adhesion a oe Conseil. A Tissue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 14. Consideration of Issues Separated from Consent Agenda 14.1 Rodgers Letter City Mangers Pension The Mayor called a pant of order in response to the discussion and suggested that this item is a personnel natter W ich should be disciissed in a c mTTittee of the W-de meeting. Cn mmtion of Couxillor Sullivan Seconded by Councillor Court RESCLVED that item 141 Rodger Letter Re Qty Manager's Pension be deferred to the next meeting of Council pencing a verification of the public record. Question being taken, the motion was carved \t& Ca xillor Titus voting nay. 14. nude des sujets ecartes des questions sounises a I'approbation du conseil 14.1 Lettre de Rogers relative au regime de retraite du cirectew general Le mare saal&e une dejection en repcnse a la cisa ts§cn et suggere guiil s'agit dune question relative au personnel qui devrait titre discutee au eours dune seance du oon ite plenier. Proposition du eonseiller Sullivan Appuyee par le conseiller Cart RESaU clue le point 14 1, lettre de Rogers relative au regime de retraite du directeur ger&J, scit reporte a la prod-dr a seance du Conseil, en attente de la verification des archives publiques. A Tissue du vote, la proposition est adoptee. Le conseiller Titus vote centre la proposition 30 94-313 COMM COLMUCONSOL COMA AL FEQRUARY 16, 2MM-E 16 FEVRI ER 2009 15. General CaTEMS ence 15.1 Conservation Council of New Bmr Mck Cn motion of Ca.ndllor Court Seconded by Ca ncillor Titus RESCL\EDthat letter from the Conservation Council of %w Buis ck dated Jan iary 19, 2009 regarding the forest nmnagement strategy in %w d~ be received for infomiaticn. Question being taken, the motion was carried 15. Convspondance gen6Me 15.1 Conseil de cmBervation du Nouvnu-Bnxrswick Proposition du conseiller Court Appuyee par le conseiller Titus RESCLU que la lettre revue du Cari.seil de conservation du Nouveau-Buis ck datee du 19janvier 2009 ccncanant la strategie de gestion de la font au Nowea+BuisWck, sat acceptee a titre irfomlatif. A Pissue du vote, la proposition est adoptee. 16. Adjouim- ent The Nfyor declared the meting adjourned 10:00 p.m 16. Levee de la seance Le rraire declare que la seance est levee a 22 h N/byor/n-dre Comirnon a Wg-effiere c:ornrr uncle 31 94-313 COMMON COUVCIL/CONSOL CAN LAI JAL MARCH 2, 2009/LE 2 MARS 2009 COMMON COUNCIL mEEnNG- THE aTy OF SAINT JOHN aTY HALL- March 2, 2009 5:00 P. M Presert: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, McGuire, Mott, S -a)K, and Titus - and - T Totten, City Manager, J. Nugent, City Solicitor, G Yeomans, Corrrrissiorier of France and Treasurer, S. Galbraith, Director of Municipal Operations; K Forrest, Comrissioner of Planning and Development; A Poffenroth, Deputy Comrissionerof Buildings and Inspection Services, D. Parks, Police Inspector, K Clifford, District Fire Chief, B. Morrison, Comrissioner of Leisure Services; E Gomiey, Common Clerk and J. Taylor, Assistant cam-ion aerlc SEANCE DU CONML COMMUNAL DE THE aTYOF SAINT JOFN A uHOTEL DE MLLE, le 2 rears 2009 A 17 h Sort presents : Ivan Court, maire le maire suppleant Chase et les co nseillers Court, Farran, McGuire, Mott, Shook et Titus et T Totten, directeur general; J. Nugent, avocat m nidpai; G Yeomans, oa mssaire aux finances et tresorier, S. Galbraith, directeu- des operations n-Lnicipales; K Forrest, oorrrrissaire a I'urbanisme et au d6velopperrent; A Poffenroth, ccr nissaire adjcint aux services dinspection et des batimants, D. Pais, inspecteu- de police, K Gifford, d-d du service dir mr die de district; B. Morrison, ccimissaire aux Services des lasirs alnsi que E Gorn iey, greffiere c nTm-ale et J. Taylor, greffier corrnUnal a4oint. 1. Call To Order -Prayer Mayor Court called the rreeting to order and Deacon Bob Freill of the Diocese of Saint John offered the opening prayer. 1. Ouverture de la seance, sLivie de la priere La seance est ouverte par le maire Court et le cfacre Bob Freill, du diocese de Saint John, recite la priere douverture. 2 Approval of MimAm On motion of Councillor Shook Seconded by Councillor McGuire RESCL\/ED that the ninutes of the meeting of Cgn7rm Council, held on February Z 2009 be approved. Question being taken, the motion was carried 2 Approbation du proces-verbal Proposition du conseiller Snook Appcyee par le conseiller McGuire RESCLU que le prooes-verbal de la seance du Conseil omTax l tenue le 2 f&Aer 2009 scit eppro ive. A I'issue du vote, la proposition est adoptee. 32 94-314 COMMON ©OLMUCONSBL CANNLAVAL IMARCH 2, 2009/LE 2 MARS 2009 a Approval of Agenda Cn rrrtio n of Councillor Titus Seconded by Ca.ndllor McGuire RESOLVED that the agenda of this rreeting v& the addition of item 13.2 Oorrmttee of the V\hde-Appointments to Corrmttees, be approved. Question being taken, the motion w?s carried a Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le eonseiller McGure RESOLU que l'ord-e du jour de la presente reunion sat approve, rroyennant 1'4out du pant 13.2, Rapport du Comte plerier-nominations pour siegar aux corntes. A Tissue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de corflits dinterets 5. Consent Agenda 5.1 That as mcomh>?rr W by the City Manager, Council approve an expenditure in the an-curt of $95,060.00, payable to Ashford Properties Inc, as the City s share in the purchase and installation of a new en-ergency generator for City Ha11. 5.2 That as recorrn encled by the City Manager, Council accept the tender submitted by Hall Bros. Ltd., for the supply of one only 2009 Kubota model B3030HSDC farm style tractor c/wattachmants, in the amxnt of $36,665.00 plus tax 5.3 That as recon n encled by the City Manager, the proposal for the provision of engineering services related to the investigation, design, specification, and project manage -al of the derroliticn and installation of newin-floor ice wroldng requirenents to the Lord Beaverbrook Fink and the Chases G wan Arena, be amrded to NOW Nbrioor Ltd. 5.4 That as recorrn encled by the City Manager, and notwithstanding the fact that only one proposal was received, Council accept the bid offered by Jacques Whitford Stahtec Ltd., in the am it of $84,100.00, HST included, for the prevision of engineering services as required in the call for proposals, to successfully replace the roof on the Canada Games Aquatic Centre. 5.5 That as recorrnencled by the City Manager, Cam-on Council accept the proposal of NCEVailue Engines Inc. for valueengirreering services related to the Potion Ran for Safe, aean Drinking V\bter and that the Mayor and Cam-on aerk be authaized to exea,te the appropriate doa ruff tation in that regard 5.6 Refer to item 14.1 5.7 That as recon n encled by the City Manager, the City of Saint John consents to the submitted Arm-dmant to Lease for Pa-de Inc; and ka-er that the Mayor and canTon aerk be autho ized to execute such doomentation to give effect to the staff- given consent. 5.8 That as rec orr milled by the Deputy City Manager, Comm Council ratify the Deputy aty NhrragEes execution of an Indernificatien Pee rent (Firefighter Training) betv%,een Her Mhjesty the Queen in Fight of Canada and the City of Sairt John, dated February 23, 2009. 5.9 Refer to item 14.2 5.10 That as recorrn encled by the City I\/bnW. 1) Council grant $10,000 from the Land for FLb1ic Purposes Fund in support of Samuel de Chan-plain playground project; and further 33 94-315 COMMON COIAV UCONSOL CORM AI JAL MARCH 2, 2009/LE 2 MARS 2009 2) That such funding is contingent upon receipt of a certificate fromthe Superinterideht, District #1 and ARC f de Saint-Jean, stating that the property to be used for the davelopaBl is sdhod property and that the playground vvill be open for the recreational use and enjoyment of the general public; and further 3) That such funding is contingent on the equipmht and installation being Cam, approved and that a letter fromthe equipment supplier stating this fact be sent to the City Leisure Services Department; and further 4) That a letter stating that the maintenance of this newplayground develop m-t is to be the respcnsiUility of the School District and ARC:f cle Saint-Jean. Can mction of CAUncillor Titus Seconded by CAUncillor McGuire RESCL\/ED that the reommixlation set out for each consent agenda item respectivedy, with the exception of item 5.6 Cranston Avexie R D 00026674 I-BL Rentals Inc. Ex rroachnent on City Fight of V\by, and item 5.9 Prqect ReADD Inc Request to Present, \A hich have been identified for debate, be adopted Question being taken, the nmtion was carried 5. Qjestions soumises a I'approbation du Conseil 5.1 Cie de ve se TBI dun nmrtant de 96 050,00 payable a I'ordre de Ashford Properties Inc, en tart qua part cle la Ville clans I'acl-d et ('installation dune nouvelle generatrice durgenoe pour I'hotel cle ville, sat approuee par le Conseil, savant la ration du drecteur g6nbral. 5.2 Cie la scun issioh presentee par Hall Bros. Ltd. pour la fourriture dun seul tracteur agdoole avec equipment, nmdble B3030-ISDC cle marquee Kubota 2009, sat accept6e par de Conseil, savant la reconTc ndation du directeur general. 5.3 Cie la proposition de foumiture cle services dingeniaie lies a la recherche, a la conception, a la specification et a la gestion du prget cle dbnbition et dinstallation dune nouvelle plaque cle glace co foYne aux e>dgames pour la patincire Lord Beaverbrook et I'arena Charles Ga~ sat attribuee a NMNaricor Ltd., suivant la reconTce xlatioh du drecteur generai 5.4 Cie de Conseil aocepte la seun issioh proposee par Jacques Whitford Stantec Ltd., au nm ntant cle 84100,00 TVH incluse, pour la fourriture cle services dingenierie requs dens I'appel cle propositions pour rehplace- le tat du Centre aquatique des Jeux du Canada, suivant la reomn7rdatioh du directeur ger&J et nonobstant le fait qu'une seule proposition a ate regue. 5.5 Cie le Conseil ccnTa rnal aceepte la proposition cle 1'ehtrose NCE Value Engineer Inc. relative aux services dingenierie cle la valeu- lies au plan daction pour la salubrite et la proprete cle I'eau potable, et que le moire et la gieffiere corrrnnale scent aiutoises a signer la documentation emgee a oat egard, savant la motion du drecteur general. 5.6 Var le pant 14.1. 5.7 Cie The City of Saint John conse-te a la modification cle bail presentee pour Pa-de Inc. et que le moire et la greffiere commnale scent autaises a signer toute clocxxrertation exigee afin cle m=ttre en vigueu- le censenten ant susrrentianne, suivant la ration du drecteur g6nbrat. 5.8 Cie le Conseil ccnTa rnal ratifie la signature par le directeur gd-6rd adjoin dune convention dindennisation (foYretion des pooers) entre Sa Nbjeste la Reine et The City of Saint John, en date du 23 f&Aer 2009, suivarit la mo nTrarndation du directeur general adjant. 5.9 Var le pant 142 34 94-316 COMMON OOLMUCONSOL CANNLAVAL MARCH 2, 2009/LE 2 MARS 2009 5.10 Que, oomre le recarna de le cirecteur general : 1) le conseil verse une subvention dun rrnrtant de 10 000 $ provenant du fonds relatif auxterrains dutilite publique afin deppuyer le projet de terrain de jeux Sam iel de Charrpkin; 2) C Uun tel financennent depencle de la reception dui certificat du surintendant du district n° 1 et de I'Association regonale de la oamn.redb francophone (ARCS de Saint John, &blissait que la propriete utilisee pa,r le projet irrrnobilier est le terrain de 1'eoole et que le terrain dejeux sera ouvert a des fins reorbe Lives et pour le divertissenent du grand public, 3) Que ee finaxaTent depencle de I'approbation par I'Assodation Jenne de norn-disation (C SA) de I'equipemnt et de l'installation et gdune Iettre du fam isseu- de 1'ecl iperal etablissait ee fault sat envoyee aux Sevioes des Iasirs de la ville; 4) Wune Iettre etablisse que 1'entretien de ce prget de nouveau terrain dejeux est de la respcnsabilite du district sodaire et de I'ARCf de Saint John. Proposition du eonseiller Titus Appuyee par le eonseiller McGuire RESCLU que Ies moon rrendations fan glees pa,r d-acme des questions sournses a I'approbation du eonseil, a 1'exception des points 5.6, Avenue Cransten NID 00026674 (HBL Rentals Inc.) - Errpietennent su- le drat de passage de la vi11e, et 5.9, Derrencle de presentation scumse par Project ReADD Inc., qui ont ete selectiomes aux fins de deliberation, scent adolotees. A Tissue du vote, la proposition est adoptee. 6 Members comments Council rrerrbers oonTnented on vaious c cn n.rity events. 6. comrrentaires pr6serrtes par les membres Les manixes du eonseil s'e #ffe-t sur civerses activites con mnautaires. 7. Proclamation 7. Proclamation 9. Public Hearings 7:00 P.M 9.1 595 Hillcrest Road Request by Applicant to WthdrawApplication for Pawning. Cdr motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that as recorr nancled by the City Manage-, Common C Lml wthdraNthe application to rezone a parcel of land located at 595 Hllcrest Road as requested by the applicant. Question being taken, the motion was carried 9. Audiences publiques a 19 h 9.1 Dmwide du requerant de retirer la demande de rezonage-595, dierrin Fillcrest Proposition du eonseiller Titus Appuyee par le eanseiller McGuire RESC LU que, oomre le recamrencle le cirecteur general, le Conseil corm rxd a retire la clam-de cue rezenage da la parcelle cue terrain situe aU 595, chemn Hllcrest, suivant la denrarnde du reqi -rant. A Tissue du vote, la proposition est adoptee. 35 94-317 COMMON OCILML/CONSOL COAMLINAL MARCH 2, 2009/LE 2 MARS 2009 9.2 783 Fillcrest Road Request by Applicant to Postpone Public Hearing Cn motion of Councillor Titus Seconded by Councillor Snook RESCLVED that Caml postpone the Public Hearing to rewne 783 Fillcrest Road to a later date as requested by Kain Steele, the applicant, i his subnitted letter to Ca,ncil. Question being taken, the rrotion was carried 9.2 Derrande de report de I'aucience pddique presentee par le requerarrt - 783, dvnin Fillcrest Proposition du conseiller Titus Appuyee par le conseiller Snoek RESCLU que le conseil reporte I'auclienee publique pour le rezonage du 783, cherrin Hllcrest a une date ulterieure, a la derr orde, de Kevin Steele, le requerant, presentee dens sa Iettre au ocnseil. A Tissue du vote, la proposition est adoptee. 10. Consideration of By--laws 10.0 Proposed W icipal Ran Amendment 1989 Mlanawagonish Road Cn motion of Councillor McGuire Seconded by Cou cillor Titus RESOLVED that the proposed W icipal Plan B)~- LauvArrendrral regarding 1989 Mer-a agmsh Road be referred to the Planning Advisory Corrmttee for a report and recorm rdetion and the necessary advertising be authorized v& a Public Hearing to be held on Tuesday, April 14", 2009 at 7.00 p.m in the Council C harrber. Question being taken, the rrotion ves carried 10. nude des arretes nxxricipaux 10.0 Projet de modification du plan nxxricipal relatif au 1989, dnenin Mlanavuagonish Proposition du conseiller McGure Appuyee par le conseiller Titus RESaU que le prget de rrodfication de I'arrete portant sur I'adoption dun plan municipal visant le 1989, chenin Nbna,&agonish sat transnis au Conite ocnscltatif durbanism en vue de 1'etablissennent dun rapport et de la presentation de recorriTwdatiens, que la publicatien des avis edges sat autaisee et qu'une audience prblique sat fixee au rreardi 14 avril 2009, a 19 h, dens la salle du ocnseil. A Tissue du vote, la proposition est adoptee. 10.1 Third Reading Zoning By-LaiwAnrendment 170 Germain Street Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVEDthattheby-ladventitled, "B)~-Lavv Nuricer C.P. 110-98 A Lawto Arrend the Zaing By-Lawof the City of Saint John' amending Sdned.le "A', the Zoning Map of The City of Saint John, by re-zening a parcel of land located at 170 Germain Street, having an area of approArretely 128 square metres, also identified as being a portion of RD nurrber 00010744, form "IL-1" Neighbourhood Institutional to `B-3" Central Business, dassificetion, be read. Question being taken, the rrotion was carried The by-Iavventitled, "By-law Nurrber C. P 110-98 A Lavvto Arrend the Zc ing By-Lawof the City of Saint John", was read in its entirety. 36 94-318 COMMON OOLMUCONSOL CANNLAVAL MARCH 2, 2009/LE 2 MARS 2009 Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the by-lam entitled, "B~Lam Nu Ter C.P. 110-98 A Lawto Amend the Zoning By-Lauvof the City of Saint John' anmriding Schedule "A', the Zoning Map of The City of Saint John, by re-zening a parcel of land located at 170 Gerrrrain Street, having an area of approximately 128 square metres, also identified as being a portion of R D nurrber 00010744, form "IL-1" Neighbourhood Institutional to `B-3' Central B-siness, classification, be read a third time, enacted, and the Capo-ate Comm Seal affixed thereto. Question being taken, the motion was carried The by-lawentitled, "B)~-laN Number C. P 110-98 A LaNto Amend the Zoning B)~-Lawof the City of Saint John", was read a third time by title. 10.1 Troisieme lecture du projet de modification de I'anlrte de zonage Asarrt le 170, rue C-errnain Proposition du oonseiller Titus Appuyee par le oonseiller McClure RESCLU que I'arete intitcle «Arrete n° C. P. 110-98, Arrete modifiaht I'arete de zcnage de The City of Saint John » rracifiant a I'annexe «A plan de zcnage de The City of Saint John, le zonage durhe paroelle de terrain dune superfide denviron 128 metres canes situee au 170, rue Gerrmn et en pantie sous le NID 00010744, afin de faire passer la classification s'y rapportant de zone de quartier a vocation collective « I L-1 » a zone centrale caYmerdale « 13-3 fasse I'objet dune lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete n° C R 110-98, Arrete n to ifiant I'arete de nonage de The Qty of Saint John est lu int4alanent. Proposition du oonseiller Titus Appuyee par le oonseiller McClure RESaU que I'arete intitcle «Arrete n° C. P. 110-98, Arrete modifiaht I'arete de zcnage de The City of Saint John » rracifiant a I'annexe «A plan de zcnage de The City of Saint John, le zonage dune paroelle de terrain dune superfide denviron 128 metres canes situee au 170, rue Gerrmn et en pantie sous le NID 00010744, afin de faire passer la classification s'y rapportant de zone de quartier a vocation collective « I L-1 » a zone centrale caYmerdale « 13-3 fasse I'objet dune trcisierre lecture, que ledit arete sat edicte et que le sceau omTaxd y sat appose. A Tissue du vote, la proposition est adoptee. Trdsieme lectuie par titre de I'arrete intitule «Arrete nP C.P. 110-98, Arrete modifiant I'arete de nonage de The City of Saint John 10.2 PL"ic Presentation-Proposed N1.rricipal RanAmaxlIrrent 185-187 Golden (rove Road A Public Presentation was given for a proposed annendrTBnt to the Unicipal Development Pan W ich would re-designate on Schedule 2-A of the M.n cipal Pan, from Law Density Residential to Light Industrial, a parcel of land v& an area of approximately 438 square metres, located at 185-187 Golden Grove Road, also identified as being a portion of RD NuTber 00312116 to expand the area currently designed as Light Industrial to include an existing garage as requested by Douglas E Mtton. 10.2 Presentation publique relative au projet de mocification du plan municipal Asant le 185-187, chemin Golden (rove Une presentation publique a eu lieu relatives ant a la modification preposee du plan dantriagen-ent rrr.nicipal visart a rracifier la classification a I'ahnexe 2-A du plan rrr.nicipal, faisaht passer de zone residentielle de foible densite a zone dindustrie legion une parcelle de terrain dune superficle eWoAm tive de 438 metres canes, situee au 37 94-319 COMINM COLMUCONSOL CAN LAI JAL MARCH 2, 2009/LE 2 MARS 2009 185-187, dnen in Golden Grove, inscrite sous le N D 00312116, afin craccroitre la zone actuellemant designee c am-e zone dinclastrie Iegere en indu,iant Lin garage existant, savant la reel-ke de Douglas E Won. 10.3 Public Presentation -Proposed Nknicipal Plan Amerrdrrrernt 188 and 1% Mount Pleasant Avenue Fast A Public Presentation was given for a proposed annernnTnt to the M.ninpal Developrrent Ran W ich would redesignate on Sdnedule 2-A, the Future Land Use Ran, by redesigning parcels of lard v& an area of al proxin- tely 2,080 square metres, located at 188 and 196 Mount Reasant Avenue East, also identified as being R D Unters 00346916, 00347443 and 00417634, from Heavy I ndustrial to LDv Density Residential classification to recognize the eAsting residential use of the properties. 10.3 Preserrtation publiqu.re- Projet de modification du plan nis icipal Asant le 188 et le 1 avenue Mount Pleasant Est Une presentation pu bliqu,ie a eu lieu relativerrent a la rracification preposee du plan dantriagen-ent nn_niapal visant a modifier la classification a I'anrwe 2-A du plan, faisant passer de zone dindustrie Ieurde a zone residentielle de fedble densite des parcelles de tenpin cruse superfine approArmtive de 2 080 metres canes, situees au 188 et au 196, avenue Mount Pleasant Est, incites sous les NID 00346916, 00347443 et 00417634, afin de recenrditre I'usage residentiel actuel de oes propretes. 10.4 Third Reading-Heritage Conservation Areas By4_awArrerndment Cn motion of Ca.ncillor Titus Seconded by Ca.ncillor Snook RESCL\/EDthattheby-laNentitled, "B)~-Lav Unioer HG1, A Lavto Amend the Saint John Heritage Conservation Areas BBL aW annended by addng to Section 2(1) of the BBL aNSdned,ie "J" Lancaster Avenue Heritage Conservation Area and Sdnedule "K' SunsWcker/Crdr erm Corps Heritage Conservation Area, be read. Question being taken, the mmtion was carried The by-lauventitled, "By-L aN N rTber HG1, A Lavto Arrend the Saint John Heritage Conservation Areas By-L- -W', was read in its entirety. Cn motion of Cou cillor Titus Seconded by C un illor Snook RESCL\/EDthattheby-laNentitled, "B)~-Lav Unioe' HG1, A Lavto Amand the Saint John Heritage Conservation Areas BBL a V' amended by addng to Section 2(1) of the BBL aNSdned,ie "J" Lancaster Avenue Heritage Conservation Area and Sdnedule "K' SunsWcker/Crdrranoe Corps Heritage Conservation Area, be read a third time, enacted, and the Corporate C Tin- on Seal affixed thereto. Question being taken, the mmtion was carried The by-lauventitled, "By-L aN N rTber HG1, A Lavto Arrend the Saint John Heritage Conservation Areas By-L avV, was read a third time by title. 10.4 Troisieme lecture du projet de mocifrcation de I'anift-t& relatif aux aires de conservation du patrimdne Proposition du conseiller Titus Appuyee par le censeiller Snook RESCLU que I'arrete intitule «Arrete n° HG1, Arrete modifiant I'arrete rdartif a ux aires de ration du patrimoine de The City of Saint John » modifier par I'4eut a I'artide 2(1) de I'arrete de I'annexe «J afire de conservation du paten ane de I'avenue Lancaster et de I'annex-_ «K afire de conservation du patrimane du service du rn t6nel - Brtns mckar, fasse I'ebjet dune lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitu fie «Arete n° HG1, Arrete rrrxifiant I'arrete relatif aux caress de conservation du patrinbrie de The City of Saint John » est lu integ-arennent. 38 94-320 COMMON OOLMUCONSOL CANNLAVAL MARCH 2, 2009/LE 2 MARS 2009 Proposition du conseiller Titus Appuyee par le conseiller Spook RESCLU clue I'arr6tb intitule «Arrete n° HG1, Arrete rrodifuant I'arr6tb relatif aux sires de conservation du petrimane de The City of Saint John » , modifie par I'ajout a I'artide 2(1) de I'arr6tb de I'anneace «J sire de conservation du patrinbr e de I'avenue Lancaster et de I'anneace « K» , sire de conservation du patrinbr e du service du rr abiel - BwsWcker, fasse I'objet dine troisierre lecture, que (edit ante scit edicte et qua le sceau eon nAnal y sat appose. A Tissue du vote, la proposition est adoptee. Troisierre lecture par titre de I'an-6te intitule «Arrete rf HG1, Arrete nm ifrant I'arr6tb relatif aux sires de conservation du patriabr e de The City of Saint John 10.5 Third Peading - Street Closing BV-Law Amend nt Portion of King Street East Cn mmtion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the by-laiventitled, "B)~-Ladv Nurr ber M-23, A By-La vto Arnend a B)~-Lauv Respecting the Stopping-up and closing of Hghmys in the City of Saint John" regarcing a portion of Nrig Street East, be read. Question being taken, the motion was carried The by-lauventitled, "B)~-Iadv Nurber M-23, a B)~-laAvto Amend a B)~-lam Respecting the Stopping-up and Closing of Hghmys in the City of Saint Johri' was read in its entirety. Cn nmtion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the by-Iaiventitled, "B)~-ladv Nuriber M-23, a By-lawto Amend a By-Iadv Respecting the Stopping-up aril Closing of Hghmys in the City of Saint John" regarcing a portion of Nrig Street East, be read a third tirre, enacted, and the Corporate Corrrnon Seal affixed thereto. Question being taken, the motion was carried Read a third tirre by title, the by-Iawentitled "B)~-Iadv Nurber M-23, a B)~-Iadvto krend a B)~-ladv Respecting the Stopping-up and Closing of Hghways in the City of Saint John.,, 10.5 Troisieme lecture du projet de modfication de I'An-&6 concernant la femieture de routes visant un troncon de la rue King Est Proposition du conseiller Titus Appuyee par le eonseiller McGAre RESCLU que I'arr6tb intitr lb «Arrete n° M-23, Arrete rrodifuant I'arr6tb sur I'interr tion de la circulation et la ferrreture des routes dans The City of Saint John relativerrent a ur trorigon de la rue Nng Est fasse I'objet dune lecture. A Tissue du vote, la proposition est adoptee. L'an-61:e intitr lb «Arrete n° U23, Arrete modifrant I'arr6tb sur I'interrption de la circulation et laferrns-tue des rates dens The City of Saint John est lu integralement. Proposition du conseiller Titus Appuyee par le eonseiller McGAre RESCLU que I'arr6tb intitr lb «Arrete n° M-23, Arrete rrodifuant I'arr6tb sur I'interr tion de la circulation et la ferrreture des routes dans The City of Saint John relativerrent a ur trorigon de la rue Nng Est, fasse I'objet dare troisierre lecture, que ledit ante sat edicte et qua le sceau eorrraxd y sat appose. A Tissue du vote, la proposition est adoptee. Troisierre lecture par titre de I'an-6te intitule «Arrete n° M-23, Ante rrodifuait I'an-6te cone errant la ferrreture et le barrage de routes dans The City of Sault John 39 94-321 COMMON OCILMUCONSOL COAMLINAL MARCH 2, 2009/LE 2 MAIDS 2009 12 Business Matters - W icipal Officers 121 Connissioner of Finance: 2009 Bornawing Rnolution Cn motion of Councillor Titus Seconded by Councillor Court RESCL\ED that for general operating purposes. 1) The Cayn issioner of Finance is hereby authorized to borrow, on behalf of The City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time five n illion dollars ($5,000,000) to meet oumrent egaenditu-es of the Corporation for the year 2009, aid further 2) That any tv&,o of the Corrimssioner of Finnan-, the Deputy City Manager, Comptroller or Assistant CzVrdler are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from tirre to time a prorrissory note or notes sealed wth the corporate seal for the sum or sums so borroned v& i nterest at such rate as the bank may from time to ti me detemi ne; and further 3) That the Corrrrissioner of Fnauoe is hereby authorized and directed to furnish to the Bank at the time of each borroWng and at such other times as the Bank may from time to time request, a state nent shoeing the nature and amount of the estin fed revenues of the current year not yet collected or W-eB the estimates for the year have not been adopted, a statenent shcrning the nature and amount of the estin-Eited re✓enues of the Corporation as set forth in the estimates adopted for the next preceding year and also shmng the total of any amounts borroned in the cunal year and in any preceding year that have not been repaid, and further 4) That the Comrrissioner of Fnauoe is hereby authorized and directed to apply in paymmnt of all suns borroned fromthe Bank, v& interest thereon, all of the monies hereafter collected or received on ac oast or realized in respect of the taxes levied for the current year and for any prececling years and all of the monies collected or received from any other source; and further 5) That for the purposes of bridge financing on Capital Epenclitures, that the City of Saint John establish a revolving term loan on bridge finance capital experxitures to a maximum of $25,000,000 and the Commissioner of Finance be authorized to bwwfrom the Bank to the specified lint, and further 6) That any tveo of the Commssioner of Finanoe, the Deputy City Nbnager, CzVrdler or Assistant CzVrdler are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a prcn issory note or notes sealed wth the corporate seal for the sum or sums so borroned v& i nterest at such rate as the Bank may from time to ti me detemi ne, aid further 7) That any tveo of the Commssioner of Finnan-, the Deputy City Nbnager, CzVrdler or Assistant CzVrdler are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement of Agreements under the seal of the Corporation provicing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank wth interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time detemine. Question being taken, the motion was carried 12 Affaires nxxnicipales evoq uees par lesforctiornnaires nis icipaux 121 Connissaire auxfinances : Enprul par voie de resolution pow 2009 Proposition du omseiller Titus Appuyee par le ocnseiller Coot RESCLU QUE, aux fins du fonctionnement gbnbd: 1) le oonrrissaure aux finances sat, par les presentes, autorise a erpiunter, au nom de The City of Saint John (la << Corporation a la Banque Scotia (la Banque » a tout m xrerrnt, par 1'entremse de billets a ordre, une somrre ou des somrres qu ne peuvent depasser, c haque fds, dnq n illions de dollars (5 000 000 afin de oa Ar Ies depenses ocurantes de la Corporation pour I'anee 2009, 40 94-322 COMMON OOLMUCONSOL CANNLAVAL MARCH 2, 2009/LE 2 MARS 2009 2) deux des persm-es suvantes, sat le ean7rissedre aux finances, le directeur general adjant, le oontrdeur ou le oontrdeur a4cint, scent autaisees a signer au nom de la Corporation et a fournir a la Barque, a tout moment, un ou des billets a orcre, revetus du soeau de la Corporation, pax la ou les so rrr es ainsi enpiuntees avec intents au taux que la Banq..ie detemine penodiquerr e nt; 3) le Corr i rissaure aux finances sat, par les presentes, ordanne et autaise de presenter a la Banque, au monnant de dnaque enpiunt et a tout autre moment juge opportun par la Barque, un releve inciquant la nature et le montant des recettes estini tives de I'annbe courante qui riont pas encore ete penes ou, si le budget n'a pas ete adopte, ul releve indiquant la nature et le montant des recettes estimatives de la Corporation etedes dans le budget adopte pour I'an nee prececlente et fausant etat egalerent du total des som ies enpru ntees pendant I'a mbe ca.rante et les amees preolentes qu dont pas ete ren-bou-sees; 4) le Corr i rissaure aux finances sat, par les presentes, ordanne et autaise dappliquer au pauenrent de toutes les son Tres enpiuntees a la Banque, avec intents, les sormes perpues ou rep-es en aomVe as r6disees a 1'egard des taxes fo nderes prelevees pour I'amee ocurarte et pour Ies annees precedentes, et toutes Ies son Tres perpues as repues de toute autre source, 5) aux fins definancement promsare des depenses en inTmIcilisatio ns, que The City of Saint John puisse negode- un cantrat de audit renouvelable pour le financennant provisare des clepenses en inm bilisatio ns jusqua oonc arrence de 25 000 000 $ et que le can7rissaure aux finanoes sat autaise a errp ante- a la Banque une some aillart jusgclau mecc rrr.mfixe; 6) deux des persannes suvantes, sat le ean7rissaire aux finances, le directeu- general adjant, le oontrdeur ou le oontrdeur a4cint, scent autaisees a signer au nom de la Corporation et a fournir a la Barque, a tout moment, un ou des billets a ocre, revetus du soeau de la Corporation, pax la ou Ies som es ainsi enpiuntees avec intents au taux que la Banque determne penodiquerr e nt; 7) deux des persannes suvantes, sat le ean7rissaire aux finances, le directeu- general adjant, le oontrdeur ou le oontrdeur a4cint, scent autaisees a signer au nom de la Corporation et a fournir a la Barque une ou plusieu s conventions, revetues du soeau de la Corporation, pnvoyant le rerrba rserrent a la Banque de toutes Ies som-es devant titre versees par la Banque au titre de dnaque billet a acre de la Caporation garanti par la Barque avec intents au taux que la Banque detern ine pedodiquamant et le paierrent dune cornrnssion de garantie a 1'egard de dnaque billet a orlre au taux que la Barque detemine p6iociquament. A Tissue du vote, la proposition est adoptee. 122 City Manager: Demolition of Fire Damaged &.ilcing at 132 Lansclim nne Avenue Cn rrotio n of Ca.ndllor Titus Seconded by Ca.ndllor McGuire RESCLVED that as recarrrer>ded by the City Manager, Comncn Council authorize staff to take the necessary actions to have the builcing at 132 Lmsdwe Avenue demolished. Question being taken, the motion was caned 122 Directeu- general : Derndifion du bafiment endormiage par le feu, au 13Z avenue LansdImune Proposition du conseiller Titus Appuyee par le eanseiller McClure RESaU que, come le recorrrrancle le directeu- gerieral, le omseil wmTurEd autonse le personnel a prendre Ies rresures necessaires pax la demolition du batimant situe au 132, avenue Lansdaune. A Tissue du vote, la proposition est adoptee. 41 94-323 CONNION COLMUCONSOL COMA~IAL MARCH 2, 2009/LE 2 MARS 2009 13. Corrnittee Reports 13.1 Saint John Parking Commission Appointment of Br-LawlErforcemar t Cffic er Cn nation of Councillor Titus Seconded by Councillor Court RESCL\ED that pursuant to Section 14 of the Police Act of the Promnoe of New B ns mck, the ConTnon Council of the City of Saint Jdhn does hereby appdrt the fdlowng rrenizer of the Canaxfan Corps of Cormssionaires as By-LawEnforcerrent Cffiicer\mth the responsibility and authority to enforce provisions of the Parking Nbter By-Ladvand the provisions of Section 5, Section 7, Section 8(1), and Section 15 of the Saint Jdhn Traffic By-Law, namely: Peter Cox; and further, that this appointment shall continue until such time as the appointee ceases to be a mmn-ber of the Canadian Corps of Conmssionaires or until the appointment is rescinded by Comm Candl, Mid-ever con-es first. Question being taken, the mmtion was carried 13. Rapports deposes par les comites 13.1 C mission su- le static menrerrt de Sairrt John- Nonination dui agerrt de»ation des anttes nxxricipaux Proposition du cahseiller Titus Appuyee par le conseiller Cart RESCLU que, en vertu de I'artide 14 de la Ld sur la police de la province du Nouveau-Du -&mcK le Conseil wmTunal de The City of Saint John, par les presentes, name le mmnlxe savant du Caps men des carmissaires a titre dagent dexeoution des arretes rrr.nidpaLK investi de la respcnsabilite et de I'ar rtorite dappligraer les dispositions de I'arrete sur Ies pa roan-tres et Ies dispositions des articles 5, 7 et 15 et du pa rag-aphe 8(1) de I'arrete sur la circulation, notanTre rt : Pete- Cox et, de plus, que oette norination sit en vigueur jusqula tel moneht as oette personne cesse detre mmnibre du Corps canacfeh des oor mssaires as juscoti ce que telle nomination sit anhnulee par le Conseil conrYl nd, selon la preniere eventuelite. A Tissue du vote, la proposition est adoptee. 8. Delegations/Preserrtations 8.1 Saint John Suicide Prevention Camittee Referring to a summtted presentation, Hardd Stevens and Lorene Johnson, Canadian Nbntal Health Association, updated Council vvith respect to the issues surrounding suicide, and they responded to a variety of questions posed by Council. a Delegations et presentations 8.1 Conte de prevention du suicide de Saint John Faisant reference a une presentation anterieu-e, Hardd Stevens et Lorene Johnson de I'Association canadienne pour la same nn?rntale, inform le Conseil des nises ti jour omoerrrant les questions relatives au suicide et repondent a dive ses questions posees par le oc nseil. 11. Subnissions by Council Members 11.1 Public Process- Further Developing Accountability and Transparency (Deputy Mayor Chase) Cn motion of Deputy Nbyor Chase Seconded by Councillor MoGuire RESCL\EDthat Council, as part of its rules of procedure, irrplerent the rule that any item brought from dosed session or Carrrittee of the W de mast be tabled on the subsequent nmeting of an open session and only considered in a fdloning open session of Council vvith at least a v/eek in separation. Cn motion of Councillor Titus Seconded by Councillor Mott RESCL\EDthat item 11.1 Public Process- Further Developing Accountability and Transpairehcy (Deputy Mayor Chase) be tabled pending the C.ahnhncrr ae-k providing Council vvith an outline of the procedural irrpliceitions if the resolution veere to be adopted. 42 94-324 COMMON OOLMUCONSOL COMAVAL MARCH 2, 2009/LE 2 MARS 2009 Question being taken, the motion was carved \mth Deputy Mayor Cease and Councillor Mcu.irevoting nay. 11. Intm entions des rrierr ores du Conseil 11.1 Processus public -Valorisation accrue de la transparenceet de ('obligation de rendre cmpte (maire suppleant Chase) Proposition du rreire suppleant Chase Appuyee par le eonseiller McGuire RESCLU que le Conseil, dans le cage de ses regles de procedure, applique la regle selon laquelle tous les pants evoques dans we reunion privee ou en oarite plenier dcivent titre sour is a la discussion lors de la seance publique suivante et uiiquerrent pris en ocnTte clans une seance pi.blique du Conseil se tenant apres un intavaille dau mans une sermne. Proposition du conseiller Titus Appuyee par le conseiller Mott RESCLU que le pant 11.1 Processus public- Vadaisation accrue de la transparence et de I'obligation de rendre couple (rreire suppleant Chase) sat reporte le temps que la greffiere coimn.nale deoive aU ocnseil Ies in plications prookl urailes en cas dadoption de la resolution. A I'issue du vote, la proposition est acceptee. Le moire sr.ppleant Chase et le cCnseiller McGuire votent ocntre la proposition. 11.2 V\inter Services Furring - Streets and Sidewalks (Councillor McGuire) Cin mmtion of Ca mcillor McGuire Seconded by Councllor Titus RESCLVED that Camm Ca mcil direct the Corrmssiorrer of France to recorrnend the procedures and methods required to establish an appropriate reserve/ eontingencyfunding mad-arismforvUnter vices. Question being taken, the motion w?s carried 11.2 Fnancenrent des services dhiver- mes et trottars (conseiller McGuire) Proposition du eonseiller McGuire Appuyee par le conseiller Titus RESC LU que le Conseil camxrd dnarge le car mssaure aux finanoes de faire des rations quant aux procedures et aux m7thodes requires pour mettre en place un rrecaris m de finanoanrent durgence ou de reserve approprie pour les services dhiver. A Tissue du vote, la proposition est adoptee. 11.3 The City of Saint John, Enterprise Saint John and Priority KMyl xrhoods Econonic GrovAh Partnership (Councillor McGuire) Cin mmtion of Ca mcillor McGuire Seconded by Ca.ndllor Titus RESC LVED that the sr.bm ted report entitled The City of Saint John, Erterprise Saint John and Prioity Neighbourhoods Em- nic Growth Partnership, be received for infarration. Question being taken, the motion w?s carried 11.3 Partenariat su- la croissance eco nonique entre The City of Saint John, Enterprise Saint John et les quartiers prioritaires (conseiller McGuire) Proposition du eonseiller McGuire Appuyee par le conseiller Titus RESC LU que le rapport intitule « Partenariat su- la crassance edonomque entre The City of Sault John, Enterprise Saint John et les quartiers prioritaires» sat accepte a titre irfom-atif. A I'issue du vote, la proposition est adoptee. 43 94-325 COMMON OCILML/CONSOL COAMLINAL MARCH 2, 2009/LE 2 MARS 2009 13.2 Cormittee of the VVhole -Appointments to Committees Can motion of Councillor Court Seconded by CAUncillor Snook RESCUED that the fdloWng the Camittee of the VV-de having met earlier this evening and made the fdlo rig app ointments be approved: Rockwood Park Advisory Board: that Henry Briggs and Candllor Nllen be re- appointed each for a one year term ending March 2, 2010, and that Councillor Snook assurre the role of Moe Chair. Aquatic Centre: that Councillor Sullivan be appointed to replace Ms. Stephenson for a three year term ending March 2, 2012 Saint John Energy (Power Cormissim): that Councillor Titus be re-appointed for a three year term from March 14, 2009 to March 14, 2012, and Chris Cook and Bernard Des mnd be re-appointed each for a two year term from March 13, 2009 to March 13, 2011. PRO Kds: that Adrian Adams and Danny Jardine be re-appointed and Katie Langmd be appointed each for a two year term encing Dec 31, 2010, and that Connie Coffin be appointed v& the rre)d vacancy. Saint John Developmrent Corporation: that Chases 9,n,ehtoh be re-appointed for a three year term from March 29, 2009 to March 29, 2012. Ta)acabAdvisory Committee: that Ronald Maunnier be appointed for a two year term from March 2, 2009 to March 2 2011. Destination Marketing Organization: that Tanury LeBlanc, Glenda MacLean, Helena Mllar, Brian Clark and Jane Fullerton be appointed each for a nha)drrr m of one year from March 2, 2009 to March 2 2010. Greater Saint John Senors Advisory Committee: that Councillors Mott and Snook be appointed as liaisons until the end of their present terms on Council. Question being taken, the ne>tion ves carried 13.2 Comte plater - nominations pomx sieges aux comites Proposition du conseiller Court Appuyee par le ocnseiller Snook RESCLU que les nominations suvahtes elfectuees par le oomite pienier qui s'est reui pus tot en soiree scent appro woes : Conseil c onsultatif du pare Rockwood : Que Henry Briggs et le ocnseiller Nllen scent doc un no Tres a nouveau pour un nuidat de un an se tennnant le 2 oars 2010 et clue le eonseiller Snook assu m le role de vice-president. Centre aquatique : Clue le eonseiller Sullivan sat nmTrb en renplacernent de NC Stephenson pour raiplir un mmxlat de trois ans se tern inapt le 2 nears 2012. Saint John Energy (caYrrission denerje) : Qie le ocnseiller Titus sat non-m>? a nouveau pour nn rrandat de trois ans allant du 14 rrers 2009 au 14 nmrs 2012 et clue Chris Cook et Bernard Desmmrd scent norrmps a nouveau, cf>acx n pour nn nmrhdat de deux ans apart du 13 nmrs 2009 au 13 nmrs 2011. PRO Kds : C UAdrian Adams et Danny Jarcine scent norrrras a nouveau et clue Katie Langnmid sat norrm>ree, dhacun pour un n eclat de deux ans se tern inant le 31 deoffTbre 2010 et clue Connie Coffin sat nom b b a la prochaine vacance de poste. Satiate de d6ve1oppemrent de Saint John : Clue Charles &&einton sat non-m-b a nouveau pour nn n mndat de trois ans allant du 29 mars 2009 au 29 nmrs 2012. Comte oarnsultatif sax les taus : C ie Ronald MLarrier sat nmTrb pour un mmndat de deux ans allaht du 2 nmrs 2009 au 2 mars 2011. 44 94-326 COMMON ©OLMUCONSBL CANNLAVAL MARCH 2, 2009/LE 2 MARS 2009 Organisation de marketing de destinations : Que TamYty LeBlanc, Glenda Mad-ean, Helena Mllar, Brian Clark et Jane Fullerton scent norms, chaan pax un nvrdat rre n- m de ui an allant du 2 rrars 2009 au 2 rrars 2010. Comite c onsultatif des ain6s; du Grand Saint John : Que les conseillers Mott et Shook scent naT m&s afin crassu-er la liaison jusqu'a I'6chbanoe des nvrdats actuels du o0nselI. A Tissue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Cranston Avenue R D 00026674 HBL Pentals Inc. Eno oadyr'errt on City Fight of Way. Cn motion of Deputy Mayor Chase Seconded by Ca,ncillor Titus RESOLVED that the report entitled Cranston Avenue RD 00026674 HBL Rentals Inc. Encroadinert on City Rght of V\by, be referred to the City Manager to explore the possibility of reacting an agreanant between The City of Saint John and the property aAr-er. Question being taken, the motion was carried 14. nude des sujets 6mvt6s des questions sounises a I'approbation du conseil 14.1 Avenue Cranston ND 00026674 (HBL Rentals Inc.) - Empietenrent sur le droit de passage de la Alle Proposition du rreire suppleant Chase Appuyee par le conseiller Titus RESCLU que le rapport intitule << Avenue Cranston NID 00026674 (HBL Rentals Inc.) - E -obta ent sur le drat de passage de la ville» sat transnis au directeur general pour quf it e)Iore la possibilite dune entente entre The City of Saint John et le proprietaire. A Tissue du vote, la proposition est adoptee. 14.2 Project FeADD Inc. Request to Present Cn motion of Camcillor McGuire Seconded by C Ancillor Titus RESCLVED that the request to present made by Project ReADD Inc., be referred to the Clerk to sdieduie and that the subnitted doourrert be received for infoTTation. Question being taken, the motion was carried 14.2 Demande de presentation soumse par Project FeADD Inc. Proposition du oonseiller McGuire Appuyee par le conseiller Titus RESCLU que la dam-de de presentation saunise par Project ReADD Inc. sat transmse a la greffiere afin de fixer we date de presentation a I'ordre du jour et que le doaxr ent foumi sat ac cepte a titre inforrratif. A Tissue du vote, la proposition est adoptee. 15. General Correspondence 15. Correspondance g6n6r-ale 16. Adjouiim-ent The Mayor declared the meeting a4owied at 8:45 p.m 45 94-327 COMMON COLMUCONSOL COMA~IAL MARCH 2, 2009/LE 2 MARS 2009 16. L ev6e de la seance Le mare dedare que la sea-o-- est levee a 20 h 45. N/byuftdre Lamm a Wg'effiere ccmTunale 46 17A Eric L. 'Feed., O.C., C. D.9 r'V. . 127 Prince William Street, Saint John, New Brunswick, E2L 2B4 Tel: (506) 634-7324 Fax: (506) 634-7423 February 25th, 2009 Common Council City of Saint John 15Market Square Saint John, NB EM 1E8 Your Worship and Councillors, The problems caused this year by snow, rain, and freezing have created a cost problem for City Staff in salt sanding the streets and side walk for safety and traveling purposes. It is understood that all salt and sand now is stored in the east side of the city.. As a result , City vehicles working on the West side of the Harbour and river must travel through the City to the eastern storage location. This is not only time consuming but expensive for the taxpayer and poor for traffic circulation. The trucks must travel back and forth adding to the traffic crowding. Council is urged to arrange for a reasonable quantity of salt and to be stored in West Saint John for use here when required. If City Staff have what they feel are valid reasons for not doing this, it would be appreciated to learn of such. Then residents here might be able to present reasons to change the practice to be less expensive and more effective. Yours truly, 47 r` Eric L. Tsui, 'r e, C. Q. C. 127 Prince William Street, Saint John, New Brunswick, E21, 2134 Tel: (506) 634-7324 Fax: (506) 634-7423 March 10th, 2009 Common Council City of Saint John 15Market Square Saint John, NB E2L 1E8 Your Worship and Councillors, The announcement of a repayable loan to the T.S Simms and Co. Ltd by the Honorable Greg Byrne M.L.A. to keep the manufacturing company operating and which enabled 67 persons to keep being employed is a positive form of Provincial economic assistance. A resolution of appreciation to the Minister and Premier could be appropriate. 1 ask the City Council to show leadership to all citizens by adopting a resolution directing the City to purchase products made by this company, which is located within the City, whenever the products manufactured meet the City requirements. This would set an example for all residents of the City to make purchases of products made in Saint John. For Saint John Business and residents to follow such example will benefit the company and maintain or increase the work force. This in turn will be of benefit to other businesses through the expenditure of money earned by the employees of the business. Yours truly, :dy 48 New Brunswick Police Commission Fredericton City Centre 435 King Street, Suite 202 Fredericton NB E313 1E5 Telephone: (506) 453-2069 / 1-888-389-1777 Facsimile: (606) 457-3542 www.onb.cafoolico.cotnmission E-rnail: nnl ocr@anb.ca March 06, 2009 Commission de police du Nouveau-Brunswick edifice Centre-vibe 435, rue King, piece 202 nils Fredericton (N: B.) E3B 1E5 Telephone : (506) 453-2069 11-888-389-1777 Telecopieur : (506) 457-3542 www.gnb.ca(comrrii$siondenolice Courriel : ,ponb rfr anb.ca Le 06 mars 2009 TO: NB Mayors and Councillors SUBJECT: Complaint Process, NB Police Act Your Worship and Councillors: 1 wish to bring to your attention new requirements incorporated in revisions to the Police Act in 2008. Section 25, reproduced below, permits any person to file their complaint„ service or police complaint relating to municipal or regional police conduct or police services directly with the "civic authority", which includes the city, town or village council or any person designated by the civic authority to act on its behalf. This could include the Mayor, a Councillor, municipal staff and legal representatives. 25(1) if a person has a conduct complaint, the person may file his or her complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority. DESTINATAIRES : Maires et conseillers municipalux du Nouveau-Brunswick OBJEET : Processus de traitement des plaintes-Lo sur la police du Nouvea°u- Brunswick Madame, Monsieur, ode tiens a porter a votre attention de nouvelles exigences qui tint ate etablies par l'interrnediaire de modifications apportees a la Loi sur la police en 2008. L'article 25, que vous trouverez en partie ci-dessous, permet a toute personne qui formule une plainte relative a une inconduite, aux services et aux politiques des services de police municipaux ou regionaux de la deposer directement aupres de 1'autorite municipale appropriee, qui comprend le Conseil municipal de la cite, de la ville ou du village et toute personne designee pour agir au nom de l"autorite municipale. Il pourrait s'agir du maire, de conseillers, de membres du personnel ou de representants juridiques. 25(l) Toute personne qui formule une plainte pour inconduite peut la deposer par ecrit aupres du president de la Commission ou aupres du chef de police ou de l'autorite municipale approprie. 49 -2- 25(2) if a person has a service or policy complaint, the person may file his or her complaint in writing with the chair of the Commission or with the appropriate chief of police or civic authority. 25(3) The chief of police, civic authority or Commission, as the case may be, shall provide the complainant with any information or assistance the complainant requires in filing the complaint. If a complaint is filed with a chief of police or civic authority, the chief of police or civic authority shall provide a copy of the complaint to the Commission. (emphasis added) Please ensure that all persons who might receive a Police Act complaint are aware of their duty to assist the complainant and to provide a copy of the complaint, as soon as possible, to the New Brunswick Police Commission at the address above. Thank you for your assistance. Sincerely, 9d : ~ ~ Deter Seheult Chair 25(2) Toute personae qui formule une plainte relative aux services ou aux politiques pent la deposer par dcrit auprds du president de la Commission ou aupres du chef de police ou de 1'autorite municipale approprie. 25(3) Le chef de police, 1'autorit6 municipa;l.e ou la Commission, selon le cas, doit fournir au plaignant taus les renseignements ou Faide necessaire fors du depot de sa plainte. 25(4) Lorsqu'une plainte est ddposde aupres dun chef de police ou dune autoritd municipale, le chef de police ou 1'autorite municipale en fournit une copie a la Commission. (caractdre Bras ajoutd par le soussignd) Veuillez-vous assurer que touter les personnel qui pourraient recevoir une plainte deposee sous le regime de la Loi sur la police soot au courant de leur devoir d'aider le plaignant et de fournir une copie de la plainte dans les plus brefs ddlais a la Commission de police du Nouveau-Brunswick a 1'adresse susmentionnde. Je vous remercie de votre collaboration A cet egard et vous prie d'agrder, Madame, Monsieur, 1'expression des mes sentiments les meilleurs. Le president de la Commission de police, f Peter Seheult 50 The police have special powers to enforce the law and restrict the free movement of citizens. Occasionally, conflicts between the public and the police may arise. It is important that the public gives feedback to improve the service the police provide to our conununities. This pamphlet explains how to make a complaint about a municipal or regional police officer or share concerns about policing services in New Brunswick. It explains the role of the Police Commission in resolving complaints in formal or informal ways. • is independent • investigates complaints about the conduct of police officers who are members of municipal or regional police forces • assesses the adequacy of municipal or regional policing in the province t cF t You may file a complaint against a municipal or regional police officer if you have reason to believe the officer acted improperly. The Commission has the power to resolve conflict and order disciplinary or corrective measures when it is appropriate. The Commission will N~~l also hear complaints from people who are concerned about municipal or regional police services or any other aspect of policing in New Brunswick. Complaints that are considered frivolous can be dismissed at an early stage. A complaint can be withdrawn but might still be investigated. It is best to make your complaint as soon as possible after the incident or concern arises. The longer you wait the more difficult it may be to investigate your complaint. You will generally have up to one year from the date of the incident to file your complaint. If it has been more than one year, you should contact the New Brunswick Police Commission. Depending on the circumstances, the Commission may grant an extension oftimeto allow you to file a complaint. You can make your complaint by putting the following details in writing: • Your name and contact information • Date, time and place of the incident Name(s) of the officer(s) involved, if known • Summary of your complaint If von would like assistance with making your complaint the Police Commission, your municipal council office or any municipal or regional police force will help you. Once you have written out these details, you may give your complaint to the police force where the incident occurred or send it directly to the New Brunswick Police Commission at the address below. If you have questions about filing your complaint, contact the Commission at its toll free number, 1-888-389-1777. 51 -'rYll •~IY:: H` I`,_5 11 Ie?(Li 1, ~ ~Ji I! I Ilr: - The Commission will review your complaint and decide whether to investigate the complaint itself or refer it to the local Chief of Police. Whenever possible, the Chief of Police or Commission will attempt to mediate a resolution. The Commission can appoint an investigator or conduct a hearing to gather information about the complaint. Generally the police officer(s) involved will continue to work during the investigation; however, it is possible that the officer may be suspended with pay until the matter is resolved. If the investigation finds evidence to support your complaint, the police force involved or the Commission will take steps to resolve the matter. They may decide that a police force must change its policies or procedures, hold a "settlement conference" and/or refer it to a hearing. The hearing would decide if the police officer(s) involved in the incident violated the "Code of Professional Conduct". If so, the outcome may range from a verbal reprimand to dismissal of the officer. t 1 r;'. You play request the Police Commission to review the decision of the Chief of Police. The Commission may refer the matter to an independent Arbitrator for a final decision. 717 You should contact The Commission for Public Complaints against the R.C.M.P. For information on their complaint process, visit the website at www.cpc-cpp.ge.ca. The New Brunswick Police Commission may be able to assist you in forwarding your complaint to the R.C. M. P. u n- Io a:_E t - ra Bz . r _ r Ii C OM n. nii -a ri un-p to rl u= _ try®ac New Brunswick Police Commission 435 King Street, Suite 202 Fredericton, NB E313 IE5 Telephone: 506-453-2069 Toll-free: 1-888-389-1777 Fax: 506-457-3542 www.gnb.ca/policecommission This publication was produced with the assistance of Public Legal Education and Information Service of New Brunswick. Public Legal Education and Information Service of New Brunswick w~ ww.legal-info-legale.nb.ca March 200& TSNB 978-1-55396-954-9 C 8`r`iCC g_ 30 Colpitts Avenue Saint John, NB E2M 5G7 March 8, 211119 His Worship Mayor Ivan Court & Members of Common Council Dear Mayor Ivan Court & Members of Common Council: Re. Subsidizing Taxes on Taxes In Saint John we have many who like to tear us apart, newspaper articles that print anything they want to with no editor signing it, Councillors who have their own agenda (time for their performance review) and people not living in Saint John want to tell us what is best for us and you spend our tax dollars to obtain their advise. YOU WOULD THINK THAT E WOULD DEMAND RESPECT BUT WE DO NOT, WE ALLOW THINGS WRITTEN IN THE PAPER LIKE, THE ENQUIRER. We all pay to subsidize our streets, highways, hospitals, schools, buses, power, wealthy businesses and so many more projects with our tax dollars. Whether we never use the bus, hospital, or travel by car on highways we still all help to pay with our taxes on top of more taxes. We all try to remain optimistic and open minded that subsidizing the LNG was bringing in better times for all. When any money is ever slated our way it is taken back at a quicker rate going to things that tax us more. People will never get any breaks. It is time for our city to demand a fair share of tax breaks for the citizens who for years have been paying through all the bad times, In reality, we are being gouged from everyone. The power company who claims, the rates have to go up because of the price of oil. Billionaires also demanding help; so where are the average taxpayers turning to get help. Politicians always talk about helping the poor and that never gets fixed; only bits and pieces of assistance ever happens and the poor are still poor. We have lived in our home 32 years and yes we do maintenance. Our assessment should not be increased because neighbours sell their homes and make a profit. 'l'ax the people who make a profit when they sell. The size of the house and lot should part of the assessment but not because people have bidding claims to obtain homes. This will eventually get seniors out of their homes and people who can't keep up will lose everything they worked for. Do not proclaim Council has reduced taxes; in reality that has not happened. You have a plan to tax us more for garbage removal when throughout the years we paid for all the errors in the flawed collection plan. (Our tax dollars will have to cleanup what is dumped else where). It will fail at the taxpayers' expense once again. Water conservation will be the biggest money loss that will ever happen. While you want the citizens to cut back you will grant all water use to the biggest corporation. at a discount while they make a profit on our water and greatly increase their use. Citizens deserve the use of water for everyday bathing, cooking, washing and drinking. The water is a resource like no other but we will allow this to go to billionaires at a fraction of the real cost. Affordable water for citizens is the only acceptable thing to do. If you want the people of Saint John to feel part of the big plan then why are you always coming up with new ways to tax us? Mr. Groody and some of the other Councillors have an income that does not reflect reality for the average people in. Saint John who live pay cheque to pay cheque (these are hard working people too). Caring for the taxpayer means more then just talking about it and paying for more audits. 52 Why are you saying it will cost us less when in reality you need more cash to fund your projects? It won't be the ones who use the most water that will pay; the rate increase will be passed onto the average taxpayer who can't afford another bill. You have been telling people that a meter will be cheaper then a fiat rate; will they be surprised. You will have more sickness in the city because people will bathe less and parents will tell their teenagers they can't shower. It is a real issue but not a concern to our Council. Cleanliness will be a luxury that most will struggle to afford. Just how much more can we pay; does it take a revolution. Please tell me why we subsidize buses and corporations but we can't subsidize the most important and necessary resource as drinking water. Not everyone wants to live like some people who drink their tea and wash dishes once a week; or turn their heat off; it is not reality. We want to take a daily shower and if we have a larger family that should not mean they can not use water. Some children, seniors or sick family members will require more water. We should not have to apply for assistance that does not work; just look to how heating programs are handled. People are beginning to sound very selfish about water when they say 11 am by myself so I should not have to pay for two'. We have to he inclusive when it comes to the use of water. The poorest city with highest taxes and we are going to meter water. If meters were used only for abuse that would be fine but that will not be the case. It is appalling and wrong; in 2009. We give our resources to the billionaires for very little in return so why not share our water with the citizens of Saint John. People have moved out of Saint John and many that remain here are beginning to question why we should stay here. Despite all the money spent on commercials to sell our city; we have less people living here and more people using our resources while working in our city and little help towards our taxes. Saint John is different than other cities in NB when it comes to taxes. We have the largest industrial businesses, which has created pollution in our air, land and water. This has sent people to the outside areas of Saint John and those who still live here pay for the short falls in taxes. Do you honestly think we believe in your polls and what you state people really wank? People can not really voice their opinions when they are working all day and night struggling to make ends meet. They do not have time to listen, read or see what is going on beyond their daily struggles. If you want to believe that the wealthy are the only ones who matter, then, you are on the right path. No matter what we write it is only received and filed. At the end of the day all we can do is try to get through your closed minded ways of taxing us further. Soon there will be a way to tax us on the air we breathe. Some claim, the air is cleaner in Saint John; have it tested and it will not be as clean as they claim. The chemicals in the air from just one stack have a profound affect on all of us; no ones lungs are protected. It is time for a new tax bill„ to corporations and this money is paid to each citizen living in Saint John. When will the people of Saint John benefit? Health issues are real and ignored for profit. If you think people are happy with all you claim in polls and people believe our objective newspaper; think again. People are not that gullible. Well maybe they are! Sincerely, C Patricia Dashwood 53 30 Colpitts Avenue Saint John, NB E2M 5G7 March 8, 2009 His Worship Mayor Ivan Court & Members of Common Council Dear Mayor Ivan Court & Members of Common Council: Re: Issue on Pot Doles This time of year you talk about pot holes. Some of these holes were their last summer and still there last fall. They increased in size with the frost. The transport trucks that go back and forth have done the main damage. When travelling along Chesley Drive and the Reversing Palls Bridge we see the damage done daily. You can fill the holes and patch them but nothing changes until the restriction is made for weight or obtain a bettor quality of pavement. At the intersection where transports tum they do there most damage. Just loop at intersections in front of Harbour Station, Simms Comer and Catherwood Street, they are just a few examples. We also have the shoddy jobs that Enbridge did throughout our city with their poor paving workmanship. That is not acceptable. We always have to fix problems that others create. We all drive the streets everyday but we do not create these craters. You can not put all the blame on the harsh winters. It takes months to fill these holes, but in a few weeks we see them reappear even in the summer. Just when will we ask for help from large corporations who have the resources to assist us? They know that these roads did not get that way just from regular wear and tear. Do we collect enough taxes from them to maintain these streets? Again do we enforce the weight restrictions on city streets that are all falling a part? Sincerely, Patricia Dashwood 54 March 3, 2009 Your Worship and Councillors: The Urban Design Committee was created by a resolution of Common Council in October 2006 to make recommendations to Council on what design and building standards should be implemented in Saint John. The Committee has met regularly since its appointment in February 2007, and has done an extensive review of urban design guidelines and review processes in an increasing number of North American municipalities, explored the current context of development and policies ragarduag urban design in Saint John and considered the potential benefits and options for introducing a system of urban design standards in Saint John. A very brief synopsis of the Committee's work is contained in this letter, as are the Committee's recommendations to Council for moving forward with an Urbana. Design process. A more complete discussion of the Committee's work is contained in the attached Urban Design. Background Report, Urban Design Urban Design is the art of snaking places for people. It is concerned with how places function as well as how they look, and it recognizes the far-reaching (and often unintended) impacts that the built form of our cities has on people. Urban design is a new way of looking at and building cities that analyses the connections between people and places, movement and urban form, nature and the built environment. It can be applied to both public and private spaces, including streets, sidewalks, open spaces, buildings and structures, and their connections to each other. Urban design brings together many strands of place-making, such as land use, environmental concerns, social equity and economic viability, to create places and communities that work for the people who use them and are sustainable for the long term. To do this, urban design incorporates the disciplines and learnings of land use and transportation planning, architectural design, development economics, sociology, landscaping and engineering to create a collective vision for an area and then ensure that it is delivered through all aspects of development. Good urban design benefits the vitality and sustainability of communities, enhances neighbourhood interactions and brings lasting environmental, social and economic benefits. Urban Design in Saint John Saint Johns has a unique competitive advantage over many communities in their quest to attract and retain people, people increasingly compelled by "quality of life" factors in their conscious choice of where to work, live, play and learn. Our city was built around a dense urban core that retains a vibrant mix of businesses, cultural and residential uses in a time when other cities are striving to revitalize abandoned downtown areas. Our city also offers a variety of distinctive 101 55 Urban Design in Saint John Page 2 March 5, 2009 character areas and an array of residential lifestyle choices in close proximity to services, industry, education, and other important institutions. These character areas and the identity of Saint John as a whole can be enhanced and enriched with an increased emphasis on good urban design. This Committee's review of Urban Design principles, standards and guidelines being applied in a variety of other municipalities across North America has convinced us that the adoption of planning and development policies and by-laws that require a high duality of urban, design will have long-lasting positive economic, social and environmental benefits. Research and anecdotal analysis shows that the application of Urban Design principles can help Saint John: attract and retain a diversified, adaptable and highly skilled workforce; - improve quality of life for residents increase its attractiveness as a place to live, work and learn; continue to grow as a diverse community with distinct character areas and lifestyle choices W provide increasing cultural, artistic and recreational opportunities, improve its environmental and social sustainability and economic resilience solidify and build on its unique appeal as a tourist destination. Urban Design standards or guidelines need to be tailored to each community according to a community-based vision and articulated through an updated Municipal Plan. While Zoning F3y- laws address some quantitative standards (such as building height, size, site coverage, and setbacks) and use restrictions that implement pieces of a community vision set out in the Municipal Plan, urban design standards are needed to address more detailed and qualitative aspects of development (such as architectural design, streetscapes, sustainability, and connectivity) to fully realize a community's vision for its form and ,function. Saint John's unique identity is the collective result of a wide variety of character areas throughout the city - neighbourhoods such as the Uptown, Lower West Side, Portland Place, Quinton Heights, and Forest Hills that are recognizably distinct and desirable for their individual qualities and sense of place. These character areas must be respected and enhanced by design standards that are sensitive and responsive to each community's needs, character and vision. It is important that Urban Design standards follow a community vision and policies laid out in the Municipal Plan; however, they also need to be translated into by-laws to provide predictability of process and enforceability. As well, the urban design process must be flexible enough to encourage and support creativity and innovation in development while still requiring consistent quality and compatibility with the character and needs of each individual area of the community, as defined through increased community participation in the design process. A review process based on clear standards and guidelines should be utilized to provide the required consistency, predictability and flexibility while maintaining the City's reputation for relatively quick plarming approvals. 102 56 Urban Design in Saint John March 5, 2004 Recommendations Page 3 That a comprehensive Urban Design process be created as part of the development of a Growth Strategy and new Municipal Plan for the City of Saint John. That this Urban Design process respect best practices and be tailored to Saint John. That, in the interim, amendments to the Municipal Plan be drafted to implement urban design review for those developments requiring Planning Advisory Committee or Common Council approval that are located in the Central Peninsula, including the Uptown, residential areas of the Peninsula and the Waterfront, and in those areas with "RM-IF" Multiple Residential Infrll zoning. Development in Heritage Preservation Areas would; however, be excluded from this review. That the Municipal Plan amendments, and any necessary Zoning By-law amendments, rely on an Urban Design Review Committee as a sub-committee of the Planning Advisory Committee to provide the design guidance for these developments. That the Urban Design Review Committee review development proposals against acknowledged Urban Design principles and accepted terms of reference, and then provide recommendations to the Planning Advisory Committee and Common Council on design issues. The Review Committee should consist of representatives of Common Council and the Planning Advisory Committee, representatives of architecture, planning and design professions, appointed by peer nomination, and members of the community at large. In order to ensure continuity and build upon this Committee's knowledge, it is further recommended that that the eligible members of the current Urban Design Committee matte up part of the Review Committee. Respectfully submitted, R Rkbq ' ID6yee ~or `-£~beth DeLuisa) Urban Design Committee. 103 57 M&C 2009 - 74 March 12, 2009 11 - m -0 ~1 ~ ~ His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Spring Street Repairs & Winter Cut Reinstatements PURPOSE III,. L& u: iia juhn Members of Council have requested information on what the administration's strategies are to deal with winter utility cuts, potholes and other damages to asphalt street surfaces that result from freeze and thaw in the street sub grade. This report will update Council on the approach Municipal Operations and Engineering is taking to deal with spring road damage and restoration of asphalt surfaces removed for emergency underground utility repairs over the winter. BACKGROUND Each winter a limited number of emergency repairs become necessary to underground infrastructure as a result of service failures (eg water breaks) which may result in the removal of street asphalt, curbs, sidewalks etc. These utility cuts are temporarily patched and maintained until spring with granular fills and/or cold mix asphalt until hot mix asphalt becomes available again when local plants open for the construction season. Winter maintenance of the cuts is less of a concern during cold winter temperatures when the ground remains frozen but they require more attention when temperatures moderate and/or rainfall causes runoff to occur. Potholes and other forms of damage to asphalt street surfaces also occur more frequently in the spring than at any other time of year. This is because in susceptible streets the asphalt layer gets weakened as it flexes upward from melt water entering the granular road base and freezing. The sub base expands, pushing the asphalt layer upward. As the sub base thaws and contracts again, the contraction and weight of heavy traffic causes a downward flexing of the asphalt layer. This flexing through repeated freeze thaw cycles weakens the pavement which can then break out under traffic loads and cause potholes and other forms of damage to appear in the road surface. This is also the reason that spring weight restrictions are imposed for Provincial and Municipal streets. 58 M & C ?009-74 Spring Street Repairs and Winter Cut Reinstatements Page ANALYSIS The best way to deal with the spring damage issue is proper road constriction in the first instance, with well maintained and properly graded, drained and impervious road surfaces underlain with well graded, well drained, and structurally sound base and sub base granular materials. The adage an ounce of prevention is worth a pound of cure is applicable. Even if all roads were well constricted and maintained winter utility cuts would be an issue. The evidence also suggests that a considerable number of Saint John's roadways have deteriorated beyond maintenance and are in need of rebuilding and/or are otherwise susceptible to the vagaries of spring freeze thaw cycles. Strategies are necessary to deal with these situations in the short term and more acute winter and spring seasons, in the constriction season when hot mix asphalt becomes available, and in the long term to have streets reconstructed and maintained in a sustainable manner. Short Term Strategies Emergency utility cuts in asphalt street surfaces made by Saint John Water over the winter period are maintained by Saint John Water staff (recorded, inspected, topped up with granular material and/or cold mix asphalt patching) until hot mix asphalt plants open in the spring. The cuts are listed and more permanent repairs are made with hot mix asphalt using the T-patch method. Traditionally utility cut reinstatements have been made by in house repair crews, but last spring the bulls of the winter utility cuts were contracted, allowing City crews to focus on repairs to potholes and other winter damages, and for a quicker overall completion of necessary work. The same approach is planned for this year. Potholes and other damages to City street surfaces that occur over the winter and spring are addressed by Saint John Works crews. Until the hot mix asphalt plants are open, cold mix asphalt patching is used for temporary repairs and applied by small crews as winter snow control operations allow. The same staff that plows and removes snow and sands and salts streets also repairs potholes and other street damages. The cold mix patching effort is augmented with two asphalt recycling porta-patchers that can produce a limited amount of "hot mix asphalt" to make a more lasting repair on the most troublesome damaged areas. Cold mix and hot mix recycling crews will be deployed daily, as snow control duties allow, from now until hot mix asphalt plants open. Two patch crews will also be deployed on nightshift to augment the dayshift effort for temporary patching. Records of areas patched and how often will be maintained for later reference when hot mix asphalt becomes available so that crews may be directed to make more lasting repairs of the worst damaged areas. 59 M & C 2009-74 Spring Street Repairs and Winter Cut Reinstatements Page 3 Hot Mix Asphalt Availability Council will recall that last spring hot mix asphalt was unavailable to the City (or any other local asphalt customer) until into the second week of May. Traditionally an asphalt plant has been open and hot mix asphalt available around the middle of April - our contract calls for no later than May I opening, but last year our supplier had a major mechanical breakdown in the plant and no other supplier was open early. The City Purchasing Agent has been in contact with our supplier and has been assured that an early opening is planned this year for the asphalt plant. This is a key to the spring effort to repair potholes and other damages and winter utility cuts. An early plant opening allows for a concerted effort to be made to address winter damages and get on to regular asphalt maintenance activity instead being in a position to try and catch up as other regular constriction activities begin eg underground utility maintenance, gas line and other construction that may have been delayed by the winter season. When the hot mix asphalt plant opens six city asphalt repair crews will be deployed, as well contracted support for winter utility cut reinstatements. Long Term Strategies Council is aware that the City of Saint John has acquired Micropaver Software to capture and analyse data on the condition of all City streets so to be better able to identify and target necessary maintenance and repair activities. This tool will help the City develop effective long term strategies to improve the overall conditions of the street inventory, and lead to the situation described at the outset of this report - the best defense against spring pothole damages being a well constructed and maintained street. A report detailing an overall strategy to improve the City street inventory is anticipated to be before Council in April. It will comment on three aspects of a strategy - 1) necessary ongoing resurfacing maintenance, 2) existing streets needing reconstruction, standards of new public infrastructure being developed, and 3) targeted maintenance until streets can be reconstructed. RECOMMENDATION It is recommended this be received and filed for information. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 60 REPORT TO COMMON COUNCIL M&C #2009 March I2, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: REFERRED AND TABLED ITEMS This past week the City Manager was contacted by the print media on an issue related to the listing of "Referred and Tabled Items" which the Common Clerk had provided to Council members for information. At the time, the City Manager had not seen the final listing but on Thursday, March 12, 2009, he had the opportunity to review it as well as read the concerns expressed to the media by Councillors. On that day, he also had a discussion with staff, who are directly involved. As a result, staff thought the following explanation's would be appropriate. The city of Saint john WITH RESPECT TO COUNCILLOR FARREN"s MOTION RELATED TO THE WESTFIELD AND LORNEVILLE ROADS: This issue was dealt with by Council and staff during our open budget deliberation meetings. Staff informed Council that work on the Lorneville Road was going to be limited in 2009 to work that can be funded through the Operating Budget. Mr. Groody had advised Council that emphasis was going to be on widening the road shoulder in certain areas to address pedestrian concerns. As for the Westfield Road, this too was the subject of open, public debate. Council was advised that the total investment required in the Westfield Road far exceeded what was originally anticipated. Nevertheless, the Council was made aware of the plans for this road and did approve an investment of $1,090,000. At the same time, staff encouraged Council to meet with their Provincial counterparts in an effort to secure an additional $2,180,000. WITH RESPECT TO THE ISSUE OF A SALT PROCUREMENT POLICY This matter was discussed publically as well. In this situation, Council was informed of the challenges to be faced by the Municipality as a result of the demolition of the west side salt dome in order to make way for retail development. Having said this, staff has been in constant contact with the supplier. The City of Saint John has a practise of immediately placing an order, as salt begins to be used for winter 61 Report to Common Council Subject: Referred and Tabled Items Page 2 snow control operations. This past winter a salt re-order was placed on December 1.8 and then a second one was placed on January 8. Augmenting this years effort and in light of absence of a second storage facility, City staff also ordered, obtained and stored an additional quantity of road salt under tarp on a concrete pad at the Boars Head Road Facility, in addition to the treated sand that has been traditionally stored outdoors at this site. Finally, staff would want to recognize and thank our supplier for taking the initiative to establish a Saint John Storage Facility that is available to receive and store additional production in the off season, and also to express appreciation to local district New Brunswick Department of Transportation staff for their assistance in providing additional material when requested. WITH RESPECT TO THE ISSUE OF "THE USE OF SALT BRINE" Apparently, the Clerk missed this particular referral and communicated this directly to the Deputy Mayor. In any event, the issue has not been, nor ever was, forgotten.. The Director of Saint John Works has informed the City Manager of the requirements and limitations associated with using this product and it will be dealt with as part of a comprehensive report on the "Winter Streets and Pedestrian Service" that will come before Council very shortly. The second part of the referral, which included potential use of "eco traction" abrasive material, will also be dealt with. From staff s perspective, our primary objective is to communicate fully and on a timely basis on all issues with Council. As it happened in two of the cases, staff had entered into public discussions directly with Council on these issues and thought these sort of open discussions would suffice. Secondly, in reviewing the listing from June 9, 2008, to March 3, there were approximately 283 items that were referred to various parties, most of which were to staff. Some of these referrals are simply not able to be returned to Council in two or four weeks. Many are extremely complicated issues and involve ongoing discussions with other parties. Finally, staff would hope that Council would appreciate that "not all resolutions are of equal importance." As such, staff must assign resources to those items that would appear to be more critical for whatever reason. Having said this, if at any time an elected official feels or notices that his or her request is not being followed up by staff on a timely basis, and if the elected official believes his or her resolution is Councils' priority, than staff would ask that the City Manager be contacted in order that he can consider refocusing staff's attention to this matter. RECOMMENDATION: d filed. 62 A OPEN SESSION M & C 2009-70 March 12, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Request for grant in the amount of municipal fees for Newport Village of the United Church of Canada Inc. City of Saint Jahn BACKGROUND Newport Village of the United Church of Canada Inc. has submitted a request for a grant in the amount of municipal fees for their affordable housing project at 30 Newport Crescent. The Newport Village project is a 31 unit not-far-profit housing project under the Federal / Provincial agreement on social housing. The project will provide 100 percent or 31 subsidized housing units. The foundation has been constructed under a phase one permit, and a permit application has been made for the remainder of the project. The value of the project is approximately $1,800,000, with municipal fees in the order of $18,488. ANALYSIS At the August 4, 2008 meeting of Common Council, a grant program was adopted to provide grants in the amount of municipal fees for registered non-profit organizations for the purpose of providing subsidized or low income housing. The program will be limited in total to $50,000 in a fiscal year, and grants will be restricted to a maximum of $5,000 per development (see attached). The Newport Village project meets the criteria for approval under the grant program as Newport Village of the United Church of Canada Inc. is a registered non-profit organization, providing subsidized or affordable housing with this development. Staff can recommend Newport Village for a. grant in the amount of $5,000. 63 M & C 2009 - 70 -2- March 12, 2009 RECOMMENDATION Your City Manager recommends that Council give a grant in the amount of $5,000 to Newport Village of the United Church of Canada Inc. on the condition that they sign the Agreement prepared by the City Solicitor pursuant to the August 18, 2008 Resolution; and That the Mayor and Common Clerk be authorized to sign said Agreement. Respectfully submitted, Amy Poffenroth, P.Fng. MBA Deputy Commissioner Buildings and Inspection Services William Edwards, P.Eng Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 64 Newport Village of the U 20 Newport Crescent Saint John,, N.B. E2K IYS April 4, 2008 The City Manager The City of Saint John P.O. Box 1971 Saint John, N.B. E21 ,4L1 Dear Sir- PROPOSED NEW AFF Church of Canada Inc. HOUSING PROJECT FOR SAINT JOHN Newport Village Inc. is a ~ n profit, 20 unit affordable housing project located on Newport Crescent, across from Baxter Dairies on Millidge Ave. in the North End. It was Built in 1990 under a Fed-'ral f Provincial agreement on affordable housing and is administered by a volunte ~ Board of Directors. i The Directors of Newport Village are trying to get a new 31 unit affordable housing project off the ground and, are trying to get work started on site by July 1. The land requires rezoning and the ;application in with the Planning Dept. with final reading scheduled for June 23d. By virtue of this letter, w are asking the city of Saint John to provide a grant that would in affect, cancel out any d elopment fees levied by the City in the process of the planning for and the consi ruction of this project. We understand that the Leinster Court project will be favored - i such a move by the City. It is requested that our re best be reviewed and a timely response provided to assist us in our planrnin . I can be rea hed at 658-1434 or by email at: fbtiaomas( .roaer!,com if any additional information is aired. Thank you Byror► Thomas Chairperson. Board of Cc. Peter Maguire, Councilor (Housing Issues) 9-d 660eE 13CM3SU-1 dH WU1e:0T 6002 frfJ 936 A a alo 93- COMMON COUNCILICONSEIL COMMUNAL , 2008 13.3 Nominations du Comit6 des candidatures Proposition du conseiller Titus Appuyde par le conseiller McGuire RESOLU qua les nominations suivantes soient approuv6es : Commission sur le stationnement de Saint John : La nomination de Lionel Bordage et du conseiller Killen pour remplir un mandat de trois ans seterminant le 18 aout 2011. Commission des transports de Saint John : La nomination du maire suppl6ant Chase et du conseilier Titus pour remplir un mandat de trots ans commengant le 2 septembre 2008 et se terminant le 2 septembre 2011. Saint John Jeux Canada Games Foundation : La nomination de Bill Thompson pour remplir un mandat de trots ans se terminant le 18 aout 2011. Comlte de surveillance du centre des congres : La nomination du conseiller Sullivan, de Ralph Hoiyoke, de Peter Gaulton at de Greg Yeomans pour remplir un mandat de trois ans se terminant le 11 ao0t 2011. Commission des installations regionales du Grand Saint John : La nomination du maire Court, du conseiller Sullivan et du conseiller Higgins, b titre de rerrplai~,ant, pour remplir un mandat de trois ans se terminant le 18 ao0t 2011. A tissue du vote, la proposition est adopt6e. 12.2 Grants for Low Income Housing On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: 1. Grants in the amount of municipal fees, be granted to registered non prott organizations for the express purpose of providing subsidized or low income housing; and 2. Such grants be restricted to a maximum of $5000. per development; and 3. Grants to be pro-rated in accordance with subsidized housing, market rents not eligible; and 4. Grant program to terminate April 30, 2011; and 5. Grant program be retroactive to May 1, 2008; and 6. Grant program to be limited in total to $50,000. in any given fiscal year„ and 7. Legal Department be directed to prepare the necessary agreement in order to protect the City's objectives and interests. Question being taken, the motion was carried. 12.2 Subventions pour les logements a foyer mod6r6 Proposition du maire suppl6ant Chase Appuy6e par le conseiller McGuire R~SOLU que, comme le recommande le directeur g6n6ral, les r6solutions suivantes soient adopt6es : 1, qua des subventions au montant des droits municipaux soient accord6es aux organismes sans but lucratif enregistr6s glans le but pr6cis d'offrir des logements 6 lover mod6r6 ou subventionn6s; 2, que chaque am6nagement regoive une subvention dont le montant maximal est de 5 000 66 & OPEN SESSION M & C 2009-71 March 12, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Request for grant in the amount of municipal fees for South City Housing Cooperative City of Saint John BACKGROUND South City Housing Cooperative, through Housing Alternatives Inc., has submitted a request for a grant in the amount of municipal fees for their affordable housing project at 66-68 (queen Street. The project will provide 21 non-profit affordable housing units to low-income single adults and families. The project will provide 100 percent subsidized housing units. Construction permits have been issued and the project is substantially complete. The value of the project is approximately $1,400,000, with municipal fees in the order of $12,968. ANALYSIS At the August 4, 2008 meeting of Common Council, a grant program was adopted to provide grants in the amount of municipal fees for registered non-profit organizations for the purpose of providing subsidized or low income housing. The program will be limited in total to $50,000 in a fiscal year, and grants will be restricted to a maximum of $5,000 per development (see attached). The South City Housing Cooperative project meets the criteria for approval under the grant program as it is a registered non-profit housing organization, providing subsidized or affordable housing with this development. Staff can recommend South City Housing Cooperative for a grant in the amount of $5,000. RECOMMENDATION Your City Manager recommends that Council give a grant in the amount of $5,000 to South City Housing Cooperative on the condition that they sign the 67 M & C; 2009 - 71 -2- March 12, 2009 N Agreement prepared by the City Solicitor pursuant to the August 18, 2008 Resolution, and That the Mayor and Common Clerk be authorized to sign said Agreement. Respectfully submitted, Amy Poffenroth, P.Eng. MBA Deputy Commissioner Buildings and Inspection Services William Edwards, P.Eng Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 68 bri. HOUSING ALTERNATIVES INC. 75 Adelaide Street, Saint John, N.B., E2K IW4 Tel : (506) 632-9393 • Fax : (506)632-1785 March 26, 2008 Mayor Norm. McFarlane Members of Common Council, P. 0. Box 1971, Saint John, NB E2L 4L1 Dear Mayor McFarlane: South City Housing Co-operative, a non-profit housing organization, intends to develop a 21-unit non- profit, affordable housing project for low-income single adults and families at 66-68 Queen Street, Saint John, NB. As a non-profit organization we are always faced with the challenge of working with very limited financial resources. In order to ensure the success of this desperately needed housing project we would respectfully request the waiving of all municipal fees relating to permits. Thank you in advance for your continued support of adequate and affordable housing for the citizens of Saint John. Yours truly, Kit Hickey Executive Director 69 93- COMMON COUNCILICONSEIL COMMUNAL tans 13.8 Nominations du Comite des candidatures Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que les nominations suivantes soient approuvees: Commission sur le stationnement de Saint John : La nomination de Lionel Bordage et du conseiller Killen pour remplir un mandat de trois ans se terminant le 16 ao0t 2011. Commission des transports de Saint John : La nomination du maire suppleant Chase el du conseiller Titus pour remplir un mandat de trois ans commencant le 2 septembre 2008 et se terminant le 2 septembre 2011. Saint John Jeux Canada Games Foundation : La nomination de Hill Thompson pour remplir un mandat de trois ans se terminant le 18 ao0t 2011. Comite de surveillance du centre des congres : La nomination du conseiller Sullivan, de Ralph Holyoke, de Peter Gaulton et de Greg Yeomans pour remplir un mandat de trois ans se terminant le 11 ao0t 2011. Commission des installations regionales du Grand Saint Jahn : La nomination du maire Court, du conseiller Sullivan et du conseiller Higgins, a titre de remplarant, pour remplir un mandat de trois ans se terminant le 18 ao0t 2011. A l'issue du vote, la proposition est adoptee. 12.2 Grants for Low Income Housing On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: 1. Grants in the amount of municipal fees, be granted to registered non profit organizations for the express purpose of providing subsidized or low income housing; and 2. Such grants be restricted to a maximum of $5000. per development; and 3. Grants to be pro-rated in accordance with subsidized housing, market rents not eligible; and 4. Grant program to terminate April 30, 2011; and 5. Grant program be retroactive to May 1, 2008; and 6, Grant program to be limited in total to $50,000. in any given fiscal year; and 7. Legal Department be directed to prepare the necessary agreement in order to protect the City's objectives and interests. Question being taken, the motion was carded. 12.2 Subventions pour les logements a loyer modere Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, les resolutions suivantes soient adoptees : 1. que des subventions au montant des droits municipaux soient accordees aux organismes sans but lucratif enregistres dans le but precis d'offrir des logements a foyer modere ou subventionnes; 2. que chaque amenagement regoive une subvention donl le montant maximal est de 5 000 70 REPORT TO COMMON COUNCIL M&C-2009-68 March 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application for 1671 Sandy Point Road (City Owned Harrigan Lake Property) by North Star Holdings Inc. BACKGROUND: Common Council at its December 8, 2008 meeting considered a report from City staff regarding the potential sale of the City owned property at 1671 Sandy Point Road (Harrigan Lake property) to North Star Holdings Ltd. Council adopted a resolution that deemed the subject property surplus to the City's needs, authorized staff to continue to negotiate exclusively with the proponent for an agreeable purchase price for a period of up to 100 days, and also allowed North Star to apply for a Municipal Plan and/or Zoning By-law Amendment for the site. City of Saint John Common Council, at its February 16, 2009 meeting, referred a rezoning application by North Star Holdings Ltd. to the Planning Advisory Committee for their report and recommendation.. The PAC meeting was to be held on March 10`x' with Council holding a Public Hearing on March 16'~'. The North Star Holdings proposal was to develop two, six-storey multi-residential condominium buildings, each having 83 dwelling units for a total of 166 units on the property. The rezoning application was to rezone the property from "R-IA" One Family Residential to "RM-2" High Rise Multiple Residential to accommodate the proposed development. In preparing the staff report to the Planning Advisory Committee regarding the above mentioned application, planning staff received a significant number of telephone calls and letters in opposition to the proposal. In addition, Planning staff had a number of concerns regarding the suitability of the development proposal for this property and area. Following discussions with Planning staff, the applicant agreed to withdraw the application and request that Common Council not hold the Public Hearing. It is the intent that North Star will meet with Planning Staff and also the concerned neighbours in the immediate area of the subject property to discuss the concerns by both parties of the original development proposal. It is anticipated the applicant 71 Report to Common Council Page 2 March 11, 2009 would then consider changing/amending their project and submit another application to the Planning Advisory Committee and Common Council for their consideration. As mentioned earlier in this report, Council agreed to provide North Star up to 100 days to allow Real Estate staff time to negotiate an agreement on the purchase of the property and to provide the applicant time to pursue any necessary Municipal Plan/Rezoning applications for their intended project. The 100 days will terminate on March 18, 2009. It is staffs desire to continue to negotiate with North Star for the purchase of the property, give the proponent sufficient time to meet with the concerned citizens and to submit a revised proposal for Council's consideration. "Therefore, staff is recommending that Council agree to deal exclusively with North Star Holdings Ltd. for a period not to extend beyond August 31, 2009, or until such time as North Star has stated in writing they are no longer interested in pursuing the subject property. RECOMMENDATION: 1. That Common Council authorize staff to continue to negotiate a purchase price for the property at civic #1671 Sandy Point Road, being a portion of PID ##418129, along with terms and conditions for an agreement with North Star Holdings Limited exclusively for a period not to exceed August 31, 2009, or until such time as North Star Holdings Ltd. has stated in writing they are no longer interested in pursuing the aforementioned property, whichever is the sooner of the two. 2. That North Star Holdings Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel, however Common Council are not explicitly or implicitly obligated to approve any amendment to the Municipal Plan or any rezoning. 3. That the Mayor and Common Clerk be authorized to execute any documents required to facilitate this process. 11") Respectfully submitted, ~f Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachment CL/c Terrence Totten, F.C.A. City Manager 72 12 ~P•IASr •n• Pr. ~ ~.=.aa g°res= Ah. 7^ACr PAlnr NC. J Subject Site Top of Slop ik N PID-. 418129 (portion of) ,Address: Civic #1671 Sandy Point Roa (Harrigan Lake Property Pan: N/A Date: November 26, 2008 73 Description of Plan: Sale and Development of City Land M&C-2009-061 March 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Hotel Courtenay Bay Sale of Freehold Interest in PID's # 00017905, 55045827, 55097075, and 55097091 BACKGROUND: On November 10, 2008 Common Council resolved to sell the lands at 350 Haymarket Square (Hotel Courtenay Bay). As the closing date for the transaction approached, it came to light that there was a 4th and adjacent PID (55097091) that was leased to 626922 N.B. Ltd. by the City under a separate 99 year lease entered into by the City and 626922 N.B.'s predecessor in title in 1964. This lease covers a 6,220 sq ft strip of land that forms part of the hotel's parking area. The lease term is from August 01, 1964 to July 31, 2063 with an annual rent of $1.00. The lease does not allow for any rental rate increases during the life of the lease. Staff inquired of deStetcher Appraisals what the fair market value of PID Number 55097091 would be. Its current fair market value is considered to be $1,948.00. The reasons that this value is so low, are due to the facts that: A) The parcel is locked into an income stream that will only generate $55.00 between now and 2063; and, B) The fee simple value of the 6,220 sq ft parcel will not return to its owner until the end of the lease in 2063, and therefore its estimated 2063 value of -$141,000 must be discounted 55 years resulting in a current market value of $1,893.00. C) The current market value is the sum of A+B, or 55 +1,893 = $1,948.00 74 Report to Common Council Page 2 March 13, 2009 The emergence of this 4th parcel within a week of the transaction's February 20, 2009 closing date resulted in its lapsing, while 626922 N.B. Ltd., Canada Mortgage and Housing Corporation, and staff considered and discussed possible paths forward to resolution of this issue. All parties desire to complete the transaction in accordance with the original terms & conditions and the following: 1) 626922 N.B. Ltd. completing a land survey of the 4 PID Numbers 00017905, 55045827, 55097075, and 55097091 at its expense, and, 2) 626922 N.B. Ltd. confirming to close a purchase transaction of PID Number 55097091 from the City at the price of $1,000.00 + any applicable HST, concurrently with the closing of the original $365,000.00 agreement for PID Numbers 00017905, 55045827, and 55097075, and, 3) The land survey referenced in sub-section 1) above confirming that the 4 PID Numbers 00017905, 55045827, 55097075, and 55097091 cover the total land being purchased by 626922 N.B. Ltd., and, 4) Common Council and Canada Mortgage and Housing Corporation approval, and, 5) Closing on or before August 31, 2009. The offered amount of $1,000.00 for the additional PID Number 55097091 is less than its considered market value of $1,948.00, but as 626922 N.B. Ltd. is incurring the cost of the confirmatory land survey which cost will exceed $1,000.00, staff consider the $1,000.00 offer to be reasonable. A copy of the proposed Agreement of Purchase and Sale, signed by 626922 N.B. Ltd. is attached hereto. RECOMMENDATION: That: 1. Provided the offer from 626922 N.B. Ltd. submitted with M&C 2009-061 is accepted by Canada Mortgage and Housing Corporation, the City sell to 626922 N.B. Ltd. the freehold interest in lands designated by PID Numbers 00017905, 55045827, 55097075, and 55097091 and for the sale price of $366,000.00; upon the terms and conditions set out in the said offer, and, 75 Report to Common Council Page March 13, 2009 The Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PW p 76 AGREEMENT OF PURCHASE AND SALE Subject to the approval/consent of Canada _ and Housing Corporation, the Purchaser agrees to purchase from the Vendor and , Vendor agrees to sell to the Purchaser the Vendor's Lands situate at 350 Haymarket Square, Saint John., New Brunswick, as hereinafter set out upon the following terms and conditions: Vendor: The City of ' rr P. 0. Box 1971 15 Market Square Saint John, NB E2L 4L I Attention: Common Clerk. Purchaser: 626922 N. B. Ltd. 550 Main Street Saint John, NB E2. 1 J4 Premises: 350 Haymarket Square Saint John, B Comprising PID's 917905, 455045827, #55097075 and #5509791 Purchase rice: $366,000.00 $20,000.00 (Paid) L-- ea $346,000.00 on Closing Closing ate: on or before ,xst 3l, 200!9 41 J J-2 ~ 77 Apeernent of Purchase and Sale the City of Saint John and 626922 NR Ltd. Page 2 'I`ra Purchaser shall pay HST if applicable but there shill be no other adjustments; normal adjustments already being to the account of the Purchaser. , The Purchaser may, at its expense, carry out a survey of the Vendor's Lands. Such survey and any plan resulting therefrom shall be completed by April 15, 2009. 5. The Vendor acknowledges receipt of the deposit which shall be returned to the Purchaser in the event that Canada Mortgage and Housing Corporation does not approve/consent to this sale and in the event that the Vendor does not accept the Purchaser's offer. 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 off -1 - e irrevocable by the Vendor until March 1, 200',, '4 acceptance by the P :teaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall be re all changes of gender or number required by the context shall be binding upon ti : aarties hereto, their respective heirs, executors, administrators, successors and assigns, and time shall in all respects be of the essence hereof. r 78 Agee tY9ent of !'tl1C' 1we and 'gale The City of Saint John and 626922 J.B. Ltd. Page 3 IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of , 2009. ` CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 1 2009. AND the is caused thew pi to t 'this day of 2;09. 626922 N. B. LTD. Per: ~2 1 P I I fj, F .SEA- A TJOHN, N. B, E K 4X2 506-649-5000 79 000 IRO55 44~ T 000U214 (700182 , r" 0 e" ~1 ,u I", I M & C2009 - '17 February 26, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2008-15: Stewart Street (Manchester Avenue to Porter Street) Street Reconstruction and Union Street (at Carmarthen Street Intersection) Intersection Improvements PURPOSE The purpose of this report is to update Council on the status of Contract 2008-15: Stewart Street (Manchester Avenue to Porter Street) - Street Reconstruction and Union Street (at Carmarthen Street Intersection) Intersection Improvements and the additional costs incurred. BACKGROUND The 2008 General Fund and Water and Sewerage Utility Fund Capital Programs included funding for the reconstruction of Stewart Street between Manchester Avenue and Porter Street and for intersection improvements on Union Street at the Carmarthen Street Intersection. Common Council at its meeting of April 18, 2008, awarded contract 2008-15 (M&C 2008-239) to Fairville Constriction Ltd. at a tender amount of $425,798.69. Under this contract the work included the following: • Stewart Street (Manchester Avenue to Porter Street) - Road reconstruction including new storm sewer, road widening, excavation, backfill, curb, sidewalk, paving and landscaping. • Stewart Street - Installation of 100m of new 200mm sanitary sewer and appurtenances to be done in conjunction with road reconstruction. • Union Street (at Carmarthen Street Intersection) - Intersection improvements including new concrete curb and sidewalk, traffic lights, paving and drainage improvements. 81 M&C2009-37 February 26, 2009 Page 2 ANALYSIS All work under contract 2008-15 has been completed. The final quantities and summary of change orders for the projects have been finalized and are presented as follows: 1. Variation in quantities (difference between estimated and final $14,958.04 quantities) associated with roadwork including placement of granular base material, installation of Allen block retaining wall, placement of asphalt concrete, type "D" mix (Stewart Street) and other related work. 2. Variation in quantities associated with the installation of concrete curb $32,363.00 and concrete sidewalk and placement of asphalt concrete type "D" mix (Union Street). 3. Additional work associated with the re-routing of an existing water $30,107.71 main, removal and regrading of existing driveways to create a positive slope toward the new road, storm drainage improvements and other related work (Stewart Street). 4. Additional work associated with the removal of an existing concrete $6,507.76 slab under the pavement, re-routing of an existing catch basin and other related work (Union Street). Total Variation in Quantities and Change Orders: Minus Contingency Allowance: Net Additional Cost: Cost Summarv Original Contract Value: Minus Contingency Allowance: Value of Original Estimated Work: Variation in quantities: Summary of Change Orders: Final Contract Value: $83,936.51 $35.595.00 $48,341.51 $ 425,798.69 - $ 35,595.00 $ 390,203.69 + $ 47,321.04 36.615.47 $ 474,140.20 The final construction cost of the project based on final quantities and change orders is $474,140.20. The difference between the final contract value and the original tendered price is $48,341.51 ($474,140.20 - $425,798.69). The approved budget for the project was $ 405,000.00 under the 2008 General Fund and Water and Sewerage Utility Fund Capital Programs. 82 M & C2009 - '17 Febwary 26, 2009 Page 3 The final net cost of this project including the construction costs, engineering services and after the City's eligible HST rebate is $473,386.50 - a positive variance of $18,02738 in the Water and Sewerage Utility Fund and a negative variance of $86,413.88 in the General Fund. This amount can be managed within the overall General Fund Capital Program envelop. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 83 M & C 2009 March 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: '111t. L& u: ia Juhn SUBJECT: Engagement of Consultants - 2009 Leisure Services Capital Program PURPOSE OF THIS REPORT The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of landscape architectural consultants to carry out design and constriction management services for a number of approved projects in the 2009 General Fund Capital Programs for Leisure Services. BACKGROUND Common Council approved the Leisure Services Capital Program on February 2, 2009. Identified in the description of certain approved 2009 projects is the requirement for design and/or constriction management work. The engagement of consultants is, in and of itself, a very involved, time-consuming process. As such, and given the overall workload of available staff, we are proposing for 2009 to hire specific consultants by the direct engagement method. The existing procurement policy calls for employment of "the Proposal Call method of vendor selection" for the engagement of professional services which require the approval of Common Council - those with an estimated value greater than $25,000. ANALYSIS The Proposal Call method requires a period of 7 to 8 weeks for each substantial project. The procedure is time consuming and costly, both for the City and the consulting firms involved. It includes: preparation of the request for proposal (RFP), advertisement of the RFP, preparation 11 - m -0 ~1 ~ ~ 84 M & C 2009 March 16, 2009 Page 2 and submission of a relatively elaborate proposal by each interested firm, detailed evaluation of each submitted proposal by an evaluation committee of staff (typically, 4 or 5 staff members from different departments), preparation and submission of a report to Council recommending the selection of a consultant, and, finally, notification of the selected consultant and confirmation of expectations. It is not staff's intention to request an amendment of the procurement policy for general application, but to obtain approval from Council to deal directly with particular consultants for a number of specified projects. The rationale for doing so is summarized herein. For those projects, the request is that Common Council authorize staff to conduct necessary negotiations with identified consultants on a project-by-project basis. It should be recognized that these identified projects are not the full range of approved projects for Leisure Services in 2009, most of the remaining projects will be advertized for competitive bidding. The following table identifies the consultants proposed for specific projects and includes the estimated amount that was approved in the 2009 Capital Program for Project Design and/or Construction Management services. CONSULTANT ENGAGEMENTS Estimated amount approved Project in 2009 Capital Program for Proposed Consultant Design and/or Construction Management Services Rockwood Park $170,000 BDA Landscape Architects Crescent Vallev (Fleming Court) $34,000 Pugslev Park $120,000 Robertson Square $26,000 Glenn Group Landscape Architects & Park Planners Victoria Square $~~,tuu) Visit Canada Visitez $40,000 Both consultants have previously carried out design work of a similar nature to proposed work and, in some cases, the work proposed for a consultant is an extension or the next phase of a project they were previously involved with. Appendix "A" is appended to this report and includes an explanation of the rationale used for matching a consultant with the planned project. 85 M & C 2009 March 16, 2009 Page 3 Staff has worked with these consultants over a number of years and has confidence in their ability to successfully carry out the work for which they are being recommended. It is proposed that staff be authorized to carry out negotiations with the consultants identified for the projects indicated. Provided an acceptable agreement can be reached with a proposed consultant, a subsequent report will be submitted to Council identifying the negotiated maximum or upset fee for the consulting services required and requesting Council's approval to engage the consulting firm. The negotiations would proceed as follows: A detailed scope of irol°h: irolrld be developed by staff Jbr each pl°oject circa' based oli that scope cif irork, the corlsultirlg.firin woisld be required to submit their prooposed pl•oject team, irork plan, schedisle avid art ispset I)rice to complete all the irork ldelTtlfled Staff Irolllcl thee? Yel'led' their submissloli alua' ew-111,1ate the PYOpOSed 111)set fee fol° the pl°oject. Staff Irould they seen: to settle oli ali acceptable upset fee frith the cortsilltartt foi• stlbntissioll to C'olmcil. Consulting fees to cover the cost of design and constriction management generally do not exceed 12-17% of the total overall project cost, depending on the nature of the project and the services required. Should staff be unable to reach an acceptable agreement with the proposed consultant, staff would report back to Council and seek approval to negotiate with an alternative consultant for the project or to implement a public call for proposals. INPUT FROM OTHER SOURCES This proposal has been reviewed with the Purchasing Agent and the City Solicitor. RECOMMENDATION It is recommended that notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council authorize staff to conduct negotiations for the engagement of consultants to carry out design and constriction management services for the 2009 General Fund Capital Programs for Leisure Services with the proposed consultants identified in the "Consultant Engagements" outlined in this report. Respectfully submitted, Bernie Morrison Terrence L. Totten, F.C.A Commissioner, City Manager Leisure Services 86 M & C 2009 March 16, 2009 Page 4 Appendix A CONSULTANT SELECTION RATIONALE Project Rockwood Park Crescent Valley (Fleming Court) Robertson Square Victoria Square Pugsley Park Visit Canada Visitez Rationale Page 1 BDA have been Nvorking with the City and the Saint John Horticultural Association during 2008 on the Rockwood Park Redevelopment Project (total value of Phase 1 design & construction management is $590,894.02). It is appropriate that they continue the involvement Nvith Rockwood Park Redevelopment Project. Glenn Group have been Nvorking with the City on concept and design of three community focused projects -Crescent Valley, Robertson Square and Victoria Square - it would be appropriate for them to continue in 2(_)(_)9 Nvith the construction management work. Glenn Group has also been Nvorking with the City and the Waterfront Development Partnership since 2(_)(_)7 on the design of Water Street Precinct - Parks. It would be appropriate for Glenn Group to continue in 2009 Nvith finalizing the detailed designs and to proceed Nvith construction management for Pugsley Park. Glenn Group completed the original design for the Visit Canada Visitez in Rockwood Park. It is appropriate for them to provide the final designs and to proceed with construction management of the remaining components. 87 M & C 2009- 66 February 26, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: DESIGN AND CONSTRUCTION MANAGEMENT: KENNEBECASIS DRIVE CULVERT REPLACEMENT BACKGROUND The 2009 General Fund Capital Program includes a project for the replacement of the culvert at Brother's Cove on Kennebecasis Drive. On September 7, 2008 the culvert and roadway at Brothers Cove on hennebecasis Drive sustained damage as a result of heavy rains associated with hurricane Hannah. On September 15, 2008 (M&C 2008-271) Council approved recommendations to: 1) engage contract resources to initiate immediate repairs at Kennebecasis Drive and, 2) direct engage Terrain Group to initiate design for replacement of the Kennebecasis Drive cross culvert. Terrain was requested to initiate the following engineering activities: • site surveys, preliminary investigation and data collection, • preliminary design, cost estimates and design report, • public consultation process, • detailed design, • constriction management and inspection services, and • record drawings in digital and hard copy formats. "t -0 COU 1, '71 L 88 M & C 2009 -66 Feb. 26, 2009 Page 2 PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for the project. ANALYSIS On January 6, 2009, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Terrain Group Inc. In response to this request, Terrain Group Inc. submitted a proposal on January 22, 2009. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Kennebecasis Drive Culvert Replacement. A Review Committee of staff completed an analysis of the submission: Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering John Campbell, P. Eng. Municipal Engineer, Municipal Engineering Graham Huddleston, P. Eng. Operations Manager, Transportation Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Terrain Group Inc. proposal. The upset price contained in the proposal was also evaluated by the committee and staff then negotiated with Terrain and settled on an acceptable fee with the consultant for submission to Council for approval. The submission from the Terrain Group Inc. met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost-effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from the Terrain Group Inc. to provide engineering design and constriction management services is approximately $72,121.94 including the City's eligible HST rebate. An amount of $350,000 was included in the 2009 General Fund Capital Program for design, constriction management and constriction. 89 M & C 2009 -66 Feb. 26, 2009 Page 3 Engineering fees to cover the cost of design and constriction management generally range between 12-17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 20 % of the total overall project cost, which is considered appropriate for this type of project. RECOMMENDATION It is recommended that the proposal of Terrain Group Inc. for engineering services (design and constriction management) for Kennebecasis Drive Culvert Replacement be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 90 ~ n ll~ ® " C ih~ M& C2009 - 62 March 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Design and Construction Management: SCADA (Supervisory Control and Data Acquisition) Upgrade PURPOSE ® mJ, LA..,.y of ~S~ I.I j,~kdA"La On November 3, 2003, Common Council approved the recommendation of M&C 2003-347 for the engagement of engineering services: "It is reeommewled that the proposal cif ('raridall Erighieering Ltd for enghieering services (desig» a»d coiistructioii ma»agemew) foi° the SCADA t pgrade Project be accepted " It was further recommended and approved by Common Council on November 8, 2004 the recommendation of M&C 2004-348: "It is reeommewled that C'onzmora ('oirracil approve the proposed additional fee of S75, 000 from CITI Call Engii?eering to provitle fOr engii?eering services f n- the .SCADA ( pgratle Prgject. The proposed cost of the work for Crandall Engineering Ltd. to complete Part A - Preliminary Design of the terms of reference was $64,500. The proposed cost of engineering services for Crandall Engineering to complete Parts - B, C, D & E was approximately $205,000. ANALYSIS All engineering services under this contract have been completed. The costs have been finalized and agreed upon between the City and the Consultant. Costs for Part A totaled $64,475.03; therefore coming within the proposed cost of $64,500. However, additional costs have been incurred for Parts B, C, D & E. The additional costs have been compiled into four categories as follows: 1. Re-Tendering Phase II Contract - When the Phase II Contract was initially tendered, no tender documents met all requirements of the City, following the technical review. A Radio Propagation Study had to be completed prior to re-tendering. Upon completion of the Study, Crandall Engineering revised tender documents, prepared the re-tendering package, 91 M&C 2000 - 62 Mauch 11, 2009 Page 2 reviewed tenders and provided recommendations. This work extended over approximately 12 months. 2. Phase II Contract Additional Work Some additional work items were added to Phase II to incorporate more of the City's water and wastewater sites into the SCADA System than initially planned. This expanded scope resulted in additional project management by Crandall Engineering. 3. Phase II Constriction Schedule - Original constriction schedule was 12 to 15 months in duration. The actual construction time was approximately twice as long due to complex work requirements, such as the constriction of large communication towers. This resulted in additional project management and construction supervision by Crandall Engineering. 4. Structural Reviews of Communication Tower Shop Drawings -The various communication towers required structural engineering design reviews of the shop drawings and the Contractor's design calculations. This was not included as part of the original scope of work. Total Additional Cost for all of the above additional work amounts to $33,270.31. FINANCIAL IMPLICATIONS The final costs for Crandall Engineering Ltd. to provide engineering services for Parts B, C, D & E (design and constriction) for the SCADA upgrade project are $238,270.31. The difference between the final costs and the original proposal amount is $33,27031 ($238,27031 - $205,000). The additional cost can be managed within the overall Water and Sewerage Capital Program envelop. RECOMMENDATION It is recommended that Common Council approve the additional fee of $33,270.31 from Crandall Engineering Ltd. to provide engineering services (design and constriction management) for the SCADA Upgrade project as outlined in this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Terrence L. Totten, F.C.A. Commissioner, Municipal Operations City Manager 92 I ~ ~I ~.w INFORMATION TO COUNCIL March 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Public Information Session Simms Garner Phase L Fairville Boulevard Lancaster Mall to Catherwood Street PURPOSE The purpose of this information report is to inform Council of a Public Information Session that will be held in relation to the Simms Corner Corridor Phase 1: Fairville Boulevard - Lancaster Mall to Catherwood Street Project, and to update Council on the status of the project„ BACKGROUND The approved 2008 General Fund Capital Program includes a project for the design and reconstruction ofFairville Boulevard from Catherwood Street to the Lancaster Mall entrance that includes: Road reconstruction of Fairville Boulevard between Catherwood Street and the Lancaster Mall entrance, • Relocation of Harding Street West Connector Road and • Realignment and signalization of intersection at Lancaster Mall entrance ANALYSIS Staff loops forward to the tender closing on April 15, 2009. Construction could begin shortly thereafter (depending on contractor schedules) and should be completed by the end of September 2009. This is a major project that will impact the local area during construction. For this reason, it would be appropriate to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session is scheduled to be held at the Branch 69 Legion at 714 Wilson Street on Wednesday March 18, 2009, from 2-4pm and 6-8pm. This report is being provided for 93 Information to Council March 11, 2009 Page 2 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 notice (copy attached) will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Res ectfully submitted, J. M. Paul Groody, P. Eng. City Manager 94 Terrence L. Totten, F.C.A. A a The City of Saint John March 11, 2009 INFORMATION NOTICE SIMMS CORNER: PHASE I CATHERWOOD STREET TO LANCASTER MALL The City of Saint John will be reconstructing Fairville Boulevard from Catherwood Street to the primary entrance to Lancaster Maly The street reconstruction will include renewing the watermain and storm sewer, installing a new sanitary sewer, installing new traffic signals, and road reconstruction consisting of road widening, new curb, sidewalk, and asphalt road surface within the construction limits. The reconstruction of Fairville Boulevard will begin in Spring 2009 and is expected to be completed by the end of September 2009. Prior to construction, another notice will be distributed to inform residents and business owners of the actual start date. For further details, a public information session will be held: DATE: March 18, 2009 PLACE: Royal Canadian Legion - Branch 69 Lancaster 71.4 Wilson Street TIME: 2:00 p.m.- 4:00 p.m. and 6.00 p.m.- 8:00 p.m. Interested residents and business owners are invited to attend anytime during these hours. For further information about this project, contact: City of Saint John Customer Service at (506) 658-4455 or Terrain Group Inc. at (506)-634-8719. 95 i. . M & C 2009 - 73 March 11, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, 21 SUBJECT: Contract No. 2008-36: One Mile House Interchange - Municipal Services Modifications PURPOSE The purpose of this report is to update Council on the status of the 2008 One Mile House Interchange - Municipal Services Modifications project and the additional costs incurred. BACKGROUND The New Brunswick Department of Transportation (NBDOT) is designing and constricting an interchange project at the One Mile House location. The total estimated cost is $45 Million ($37 Million for the stricture and $8 Million for the road work). The project finding is scheduled over a four year period. Constriction work identified for 2008/ 2009 includes: • Portion of east bound and west bound exits from Highway 41 • Soil reinforcement utilizing "Geopier" technology in the area of Russell Street and Marsh Creek • Relocation of utilities and City services in the Rothesay Avenue/ Russell Street area. The relocation of City services is complete (water, sanitary and storm infrastructure) and was necessary to make way for the constriction of the interchange stricture and its foundations. The soil reinforcement work by the Province in the area of Russell Street and Marsh Creek is continuing. On September 9, 2008 the Minister of Transportation sent a letter addressed to the Mayor advising of the requirement for the relocation work and further that the NBDOT accepts responsibility for constriction costs associated with the work estimated at that time to be $900,000. The Province proposed that the City tender the relocation project, look after the contract administration and then invoice NBDOT for the constriction costs. A revised letter was later received by the Mayor indicating the Province would reimburse the City for the frill amount of the constriction costs estimated at that time to be $1,484,797.40. 96 M & C 2009-73 March 11, 2009 Page 2 Contract 2008-36 consists of projects that were approved under the 2008 Water and Sewerage Utility Fund and General Fund Capital Programs as follows: 1. installation of approximately 175m of 600mm watermain, 2. installation of approximately 265m of various sizes of sanitary sewer, 3. Installation of approximately 175m of 450mm storm sewer and 4. Installation of approximately 400m of 400mm forcemain Common Council, at its meeting of September 29, 2008, awarded Contract 2008-36 (M&C 2008-297) to Galbraith Construction Ltd. at a tender amount of $1,484,797.40. ANALYSIS All work under Contract 2008-36 has been completed. The final quantities and summary of change orders for the project have been finalized and are presented as follows: 1. Change Order associated with boring under $91,306.84 Rothesay Avenue in solid rock as opposed to common material as was assumed in the tender documents. 2. Change order associated with deletion of boring $35,250.43 under railway tracks and the removal of an unexpected 900mm abandoned Hyprescon line. 3. Change order associated with removal of an $34,76532 existing underground chamber not shown on plans and the relaying of pipe with adjusted design grades. 4. Change order associated with items not included $48,986.50 in the schedule of quantities and unit rates. 5. Variation in Quantities - additional rock $73,340.18 Total Change Orders and Variation in Quantities $283,649.27 Minus : Contingency -$46,000.00 Net Additional Cost: $237,649.27 COST SUMMARY Original Contract Value: $1,484,797.40 Minus: Contingency Allowance: -$46,000.00 Value of Original Estimated Work: $1,438,797.40 Summary of Change Orders: +$210,309.09 Variation in Quantities: 73.340.18 Final Contract Value: $ 1,722,446.67 97 M & C 2009-73 March 11, 2009 Page 3 The final construction cost of the project based on additional quantities and change orders is $1,722,446.67. The difference between the final contract value and the original tendered price is $237,649.27 ($1,722,446.67 - $1,484,797.40). The approved budget under "other share" for the project is $1,490,000.00 ($1,095.000.00 under the 2008 Water and Sewerage Utility Fund Capital Program and $395,000.00 under the 2008 General Fund Capital Program). The final construction cost for this project is $1,722,446.67 - a negative variance of $327,868.92 in the Water & Sewerage Utility Fund and a positive variance of $90,219.65 in the General Fund Capital Program. It has been confirmed by the Province's consultant, ADI Limited (with a letter to follow from the Province) that the City will be reimbursed by the New Brunswick Department of Transportation for the entire cost of this project, including the additional costs listed above. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 98 I V ~ u i ii mm IIIIIII III OPEN SESSION M & 0009 - 69 March 11, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Participation in Industry Canada's BizPaL Program BACKGROUND lop *AG P -A 4 w ff'.~ .-5 ice] +Cit, of Saint John BizPaL is an on-line service that allows persons and businesses to find comprehensive information about the permits and licences required from all levels of government when it relates to growing or starting up a business in an area. BizPaL is currently being run as a project by Industry Canada in partnership with many provincial and local governments across Canada. In New Brunswick, Service New Brunswick is responsible for delivering the BizPaL tool and is presently coordinating the initiative on behalf of the Province. At present, the municipalities of Fredericton, Edmunston, Grand Bay-Westfield, Quispamsis and Rothesay are setup for the BizPaL program. BizPaL aims to reduce document research time and help entrepreneurs start up faster, while giving government organizations a method of providing information to persons and businesses. The BizPaL tool does this through a question and answer style interface that will generate a customized list of applicable permits and licences needed to startup or operate a business in the local area. Service New Brunswick has asked the City of Saint John to participate in the program, with a targeted launch date of March 31, 2009. As such, they have requested the City of Saint John to enter into a Memorandum of Understanding through the signing of the attached document. The document outlines the commitment expected of both the City and of Service New Brunswick, to make this a successful project. To complete the project, City of Saint John staff will work with Service New Brunswick. Efforts on our behalf are estimated to be approximately 20 hours amongst 2-3 resources and will reduce to a minimal level of effort once the BizPaL information is populated in the Service New Brunswick database. Efforts will be made to keep information up-to-date by using web links from the Service New Brinswick/BizPaL website to our www.saintiohn.ca website. As part of 99 M& C 2009 - 69 -2- March I L 2009 participation in the program, a link to BizPaL will also be required from the www.saintiohn.ca website. BizPaL's website can be found at www.bizoal.ca for a viewing of how the information is presented. On this website, you may also note the numerous Canadian municipalities that have participated in this project. As an additional note, in an October 2008 report, the Canadian Federation of Independent Business has reported that a city's participation in the BizPaL tool is one of 12 indicators of an entrepreneurial city. This report is included for your review. A staff member of the Legal Department has reviewed the Memorandum of Understanding and has presented no objections to the signing of the document. The Manager of Information Technology has also been provided with a copy of the Memorandum of Understanding because of the website link requirement and he is supportive of the project. RECOMMENDATION It is recommended that the City of Saint John enter into the agreement by signing the document. Respectfidly submitted, Amy Poffenroth, P. Eng., M.B.A. Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 100 CFIB CANADIAN FEDERATION OF INDEPENDENT BUSINESS. October 2008 Communities in Boom: Canada's Top Entrepreneurial Cities Ted Mallett, VP Research & Chief Economist Queenie Wong Research Analyst Contrary to what local politicians may say, cities are not the engines of economic growth-at least in the sense of cities as municipal administrations. The truer statement is that entrepreneurial people and businesses within cities are the engines of growth. There have been plenty of city ratings that have tried to rank Canada's cities on a host of broad-based qualitative and objective measures-usually aimed at measuring varying notions of quality of life. These measures can be interesting, but they are indirect in nature. Until now, no index has yet tried to look at the source components of economic and social wellbeing-entrepreneurship. In addition, no other index has incorporated direct measures of business climate-namely the actual perspectives of a community's business owners. No city or region can develop or flourish without a critical mass of individuals investing time, money and effort into building a future for themselves, their families and their communities. These investments are often made at considerable private risk, and entrepreneurs often have to persevere against a strong current of entrenched interests. Not all entrepreneurial efforts succeed, and very few actually evolve into global enterprises. But their success, as a group, is ultimately important to us all. www.cfib.ca 101 What makes an entrepreneurial city it may seem obvious, but the surest signs of an entrepreneurial hot spot are the presence of a high concentration of entrepreneurs and a high business start-up rate. It is also important that business owners have high levels of optimism and success in their operations. Good public policy is also critical, so we look at the presence of supportive local government tax and regulatory policies. CFIB assembled a listing of 12 indicators. Drawing from published and custom-tabbed Statistics Canada sources, the index also contains direct perspectives from CFIB's membership, which numbers more than 105,000 business owners across Canada. The city definitions are based on Statistics Canada's Census Metropolitan Areas and Census Agglomerations, which cover local economic regions better than simply using municipal boundaries. There are approximately 100 CMAs and CAs with populations above 25,000 in Canada. In some cases, CFIB disaggregates CMAs in Toronto, Montreal and Vancouver into core and Powered by Entrepreneurs. 1 ICJCUI L.r r Canada's Entrepreneurial Cities suburban areas, while Ottawa-Gatineau is split into its Ontario and Quebec components. Entrepreneurship index components: The 12 core indicators differ substantially from one another in the way they are measured. Therefore, CFIB transforms each one into a standardized index between 0 and 100. The CMA/CA with the lowest score is given the 0 score, while the one with the highest score is given 100. Every other city is given a proportionate score within that range. To arrive at a final score, the 12 index components are placed into three major group categories: presence, to indicate levels of entrepreneurial activity; perspective, to indicate their levels of optimism and business expectations; and policy, to indicate the influence of local governments on business decision making. Presence: 1. Net business start-ups: The change in the number of incorporated establishments as a percentage of population, between December 2007 and June 2008. Source: Canadian Business Patterns 2. Businesses per capita: The number of incorporated establishments in June 2008 as a percentage of total population. Source: Canadian Business Patterns and Census 2006 3. Self-employment intensity: The number of self employed persons in incorporated businesses in 2007 as a percentage of total employment. Source, The Labour Force Survey. 4. Industry employment diversity: The deviation of goods sector and service sector employment from the CMA/CA average (20.8 per cent and 79.2 per cent respectively). Source: Census 2006. O CANADIAN FEDERATION OF INDEPENDENT BUSINESS Perspective: 5. Future business performance: Percentage of respondents who reported that they expect their business to perform 'Much better' or 'Somewhat better' in the next 12 months. Source, CFIB Your Business Outlook Survey, aggregate results, Q2 2007 to Q3 2008. 6. Future hiring full-time hiring expectations: Percentage of respondents who expect to add to full-time employment levels within the next 12 months. Source, CFIB Your Business Outlook Survey, aggregate results, Q2 2007 to Q3 2008. 7. Local economic performance: Percentage of respondents who reported that they expect their local economy to perform'Much better' or 'Somewhat better' in the next 12 monthso. Source, CFIB Your Business Outlook Survey, aggregate results, Q2 2007 to Q3 2008. Policy: 8. Cost of local government: Percentage of respondents who indicate 'cost of local government' as a major concern for their business. Source: CFIB, Our Members' Opinions Survey, July 2007 to June 2008. 9. Local government sensitivity to local businesses: Percentage of respondents who give a 'Good' rating to their local government on'Awareness of small business'. Source: CFIB, Our Members' Opinions Survey, July 2006 to June 2007. 10. Local government regulation: Percentage of respondents who give a 'Good' rating to their local government on 'Fairness of bylaws and regulations'. Source: CFIB, Our Members' Opinions Survey, July 2006 to June 2007. 11. Local government tax balance: Ratio of commercial property tax rate to the residential tax rate. Source: various municipal and provincial governments. 12. Bizpal: Whether local government has subscribed to the 'bizpal' program, which aggregates all regulatory requirements of federal, provincial and municipal governments to a single point of contact. 102 Canada's Entrepreneurial Cities Results The results show how challenging a good entrepreneurial performance rating can be to achieve. A perfect `100' result is only a remote possibility because a city would have to have the best score of all 100 cities in all 12 categories. The top-11 scoring cities in Canada, therefore, still leave considerable room for improvement-collecting index measures closely packed between 73.7 and 56.6. Score (min=O, max=100) Lloydminster (Alta./Sask.) 73.7 Parksville (B.C.) 61.7 Grande Prairie (Alta.) 60.7 Fort St. John (B.C.) 60.1 Saskatoon (Sask.) 59.7 Kelowna (B.C.) 59.2 Sept-Iles (Que.) 58.8 Fort McMurray (Alta.) 58,1 Moose Jaw (Sask.) 58.0 Regina (Sask.) 57.3 '905' Region (Ont.) 56.6 O CANADIAN FEDERATION OF INDEPENDENT BUSINESS The findings also have a decidedly western flavour. Saskatchewan cities dominate the top- 11, while British Columbia and Alberta also have multiple representatives. The only eastern cities to make the grade are in Quebec and Toronto's 905 region. The reasons for their top-11 status can be for differing reasons. Some have good all-round scores, while others benefit from a strong category score making up for a weaker score in another area. Relative strengths legend: Weak 3 103 Memorandum of Understanding (MOU) for an online business permits and licence tool between: SERVICE NEW BRUNSWICK, a body corporate, 82 Westmorland Street, Fredericton, NB, E3B SG4 (hereinafter called "SNB") and The City of Saint John, a municipal corporation (hereinafter called "the Municipality") Hereinafter called the "Parties" BizPaL is a self service web-based tool that allows business clients to generate a customized list of permits, licences and other regulations they require from all levels of government. Its development was a collaborative initiative among the Government of Canada (Industry Canada), provinces, and municipalities. In New Brunswick, SNB is responsible to deliver BizPaL and is coordinating the initiative on behalf of the Province of New Brunswick. This Memorandum of Understanding (MOU) articulates an understanding between SNB and the Municipality to cooperate to achieve the BizPaL objectives. This MOU is a statement of the parties' intentions only and is not intended to create legally binding obligations. The parties enter into this MOU with a strong commitment to providing its citizens and business clients with a high quality of service, and mutually agree to the following overall objectives: To work together to ensure quality of information, sustainability of the service, and ongoing co- operation in the delivery of the service; To explore opportunities for streamlining and simplifying business information and service transformation and to eliminate regulatory overlaps, conflicts and inefficiencies; and To promote the use of the BizPaL service by businesses and other clients, such as business and trade organizations and public and private small business service delivery agents. RECOGNIZING THAT: a) The parties to this MOU acknowledge that a shared vision and investment in the BizPal_ service will help businesses start up and grow, and that the parties will work to establish a collaborative, cross-Canada approach that supports future planning, development and national implementation of the BizPaL service; b) The Municipality wishes to participate in the BizPaL service; C) The parties to this MOU will mutually agree on a targeted launch date for the service and each commit to extend best efforts towards adhering to the agreed upon schedule of tasks identified for a successful implementation; d) This MOU may be terminated by either party upon 30 days' written notice to the other party or at any time by mutual consent. MOU # 08-tom' 0 Page 1 of 3 104 The parties commit to supporting the following standards and principles set out with respect to: Content Development a) The parties will mutually agree upon the number and nature of industries to be included in the initial and any subsequent rollouts, taking into consideration those industries that the Municipality deems most appropriate and suitable. b) Each party will provide data and information on licences and permits in the required formats, and participate in research, analysis, and business process mapping of existing business permits and licences under their jurisdiction for each of the selected industry sectors. C) The parties agree that the BizPaL service must reflect accurate information and are committed to ensuring regular review and update of the data to ensure that the systems supplying information to the BizPaL service are up to date. Content Delivery a) The parties commit to ensuring that the public can successfully access the BizPaL service through their respective website(s). b) The parties agree to make their data accessible through other participating jurisdictions' websites. Costs a) SNB will incur the maintenance and operating costs payable to Industry Canada for access to the BizPaL service on behalf of the Municipality and the Province. b) Each party will be responsible for assigning and funding all appropriate resources and personnel in order to achieve successful implementation and maintenance of this service. G) Each party will be solely responsible for the costs of its own website development and for making any changes, modifications or additions to its own interface in order to use the BizPaL service, as well as all costs related to its involvement in the research and business process mapping activities, maintaining timely and accurate permit and licence data, staff training, and for incidental costs, such as travel costs incurred in participating in the maintenance and development of the BizPaL service. d) All participation on the part of SNB and the Municipality is subject to respective approval of budgets and approvals required for any legally-binding cost-sharing arrangement. Public Relations a) The parties agree to work together to coordinate and conduct media relations events and publications related to the launch of the Municipality's BizPaL service. Service Levels a) The parties commit to repairing or deleting any broken web links identified to them by the National BizPaL Office within 30 days. b) The parties commit to implementing any fixes to their BizPaL service, as identified by the National BizPaL Office, within the requested targeted timeframe, in order to ensure consistent presentation of accurate information across BizPaL. It is recognized that budget constraints and internal IT process MOu # 08- D~O Page 2 of 3 105 limitations may impact a party's ability to meet this target, where this is the case the parties will work together to determine an appropriate action plan. C) The parties agree to dedicate the adequate level of resources required to implement, launch and grow the initiative within the agreed upon timelines. d) The parties commit to putting an effective quality assurance process in place to ensure accurate and complete information is presented on their BizPaL sites. e) The Municipality commit to extend best efforts towards supporting their counterparts in other municipalities with their implementation projects, by providing advice and support as requested. Official Languages Considerations a) Industry Canada will ensure that the BizPaL service will, at the federal level only, adhere to the provisions of Part 4 of the Official Languages Act. b) SNB will ensure that the BizPal service will, at the provincial level only, adhere to the provisions of the New Brunswick Official Languages Act and Regulation. C) All BizPaL information originating from Industry Canada and from the Government of New Brunswick will be offered in English and French. d) The Municipality will conform to the New Brunswick Official Languages Act and Regulation when providing data and information on licences and permits for the BizPal service. When the Municipality is required to provide the information in both official languages, the Municipality will be solely responsible for costs associated with the translation of data and information for the BizPal Service. e) A reference and hyperlink to the federal BizPaL site will be included on the websites of the parties. This hyperlink will connect users to an information page that will be offered in both Official Languages. This MOU signifies the commitment of SNB and the Municipality to improving government services to business in Canada by: Working in collaboration to ease the regulatory burden; Delivering client-centered, whole-of-government services to business; and Supporting small business start-up and growth. Mayor City of Saint John. Date: MOU # os- d 90 f,/'President Service New Brunswick Date: ~~c~-• 2ei, -7-0 C-> ; Page 3 of 3 106 ® 1, M&C-2009 The 01, - of S :I[[ John March 16, 2009 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Proposal to Overate Mispec Park BACKGROUND: On February 23, 2009, a letter was received from the Mispec Park Recreation Committee Inc. seeking permission to operate Mispec Park for the 2009 summer season and for a grant to offset a projected deficit. In the early 1990's, as a means of controlling overall City expenditures a decision was made to reduce service to Mispec Park by eliminating the full time staff person. In 1996 a community group, The Mispec Park Recreation Committee Inc. undertook to operate Mispec Park with limited financial support from the city. This group operated the park successfully and with support from the City of Saint John and the Province of New Brunswick made many capital improvements to Mispec Park. In 2001, the Mispec Park Recreation Committee Inc. notified Council that they would not be operating the park in 2001. The Committee was not able to do so for the next three years. However, in 2005, the Committee developed a new interest in the park and once again with Council's permission took over the operation. The Committee operated the park from 2006 to 2008 and wishes to do so again in 2009. ANALYSIS: The Mispec Park Recreation Committee Inc. did maintain the park for nine years and provided significant developments. Staff has supported this initiative in the past and is supporting it at this time. The park is located outside the City boundaries and is somewhat isolated. This has made maintenance of the area difficult. Attached is a copy of the proposed agreement. 107 FINANCIAL: It is estimated that it will cost the City of Saint John approximately $60,000 to maintain Mispec Park for the 2009 season. The Mispec Park Recreation Committee Inc. has submitted a proposal to operate the park for the City for a grant of $28,500 (see attached Schedule C). This will be a saving to the City of approximately $31,500. The City has budgeted sufficient finds to support the request. RECOMMENDATION: It is recommended that: 1. Common Council accept the proposal submitted by the Mispec Park Recreation Committee Inc. for the operation of Mispec Park for the 2009 year, and that, 2. A grant in the amount of $28,500 be provided to the Mispec Park Recreation Committee Inc. as outlined in the above report, and that, 3. The City Solicitor be directed to prepared the appropriate documents, and that, 4. The mayor and Common Clerk be authorized to sign the documents. Respectfully submitted, x~) Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager 108 THIS ACREEME TrnWe this davof 2(M_)9. BYANDBETWEEN. NISPEC PARK REGZFATION C NrvITTFE LW-, a con}nn- dull incotpotated under the laws of the Province of Nevv Bnnsvv dc, kwing its bead office at the CAN- Smt John, in the Cou nt\- of Saint John, and Province of Ne\v° Bnnstvick, hereinafter called 'the Conyiittee" OF THEFIRSTPART - and - THE CITY OF SAINY JOI4, bavitg its City Hall at 15 NhdaA Sgrkw, Stitt John, Nety° Bnnstvick, a body cotpocie b\- Ro\al Charter; eonfimred and atm-ded by Acts of the Legislative Assembly of the Province of NevyBmrns"idc, hcreiruffer called "tbe City" OF THE SECONDPART WHEREAS the City is the onvmer of certain lands and pfunses located outside the boLmda ies of the City of Saint John, in the Province of 1V v Bnmvick, n-hich lands and prenrises are cctmmnly- lm-,n as 'Mspcc PW' (fiefeinafter the "Pti ) and outlined on the plan attaclied hereto as Scliedhtle "A'; A1\ID WHEREAS the Cotnrittee nvas civated in 196 by am residents interested in quve natirgthe Pali- AND WHEREAS the CanYmn Council of the Cite, at its nwitg held on Nitreh 16, 2(X)9, resolved to accept the proposal submitted by the Conyrittee for the operation of the Nic for the year 2(M_)9, a w" of Widi resolution is attad-rd to this Ag«iu t as Schedule `Y and foinv part berecC NOW THEREFORE THIS ACREEMENr WITNESSETH tlkrt in considcratio n of the mrtual covetrunts and agnmiu is herein and subject to the terns and conditions set out III tilts Agmwt, the parties -Uw as follows: 1. The City grants the nuts to the Comuttee to opiate and imntatn the P~uic and the canteen for the year 2(X 0. 2. The Cccanttee sl>itll opiate and trnintain the P~uic and the c tteen so di t it is attractive and safe fOr visitors. The City twill pm- to the Committee an armtunt of Twirty Fitt Thousand Five Hrnx1red Dollars ($28,50000) to cover the projected deficit shown on the budget Witeli is attadrd hereto as Schedule, Card fatnv part lureof. 4. In the event of a deficit gicater drai the amount projected in the ititial budget ($285 M ).t M the Cotnnittee slkall be responsible for absorbing the doficit, and the Cotnrittee admonvled ,es and agrees did the City twill not provide any additlorul finding or resources, otber d anv4-a is aht-A -provided herem The Cccauttee admoivledges and agrees that any equipim t purclkased by the Cotnuttee nvith the ,umitt refaTed to in p < slktll beootm ptopettyof the City_ once the Cotnrittee cases to operate the Pad-, 109 2N N -Aj =uAt EehN=i Mspoc RutReauMai Oninttee and Hie Gty 41,atin l I i P.ge 2 ofl 6. Prior to the Camittee cota-ameing operations of the Park, the City slull: a) lnspect and chair the m teen and other buildir~ to accxLtable s< and statxhlik b) Conduct a site assessimit of the pllNgoimd, the c tteeWiNashroonv building and the stainvaN- to the b m& and bring these mn pities up to proper safer standard; c) Mokup the eater and septic s~stanand atstue tfrd am-problaYV are connoted. 7. The Comuttee slull open Mspec Pack in 2(X)9acoording to the folloi-m g scheckk - Fr-anNlr-N ' 16 until June 7: WeekaA only - Fran Jture 8 urrtil Au'gust ;1: Dri1y - From SeptaAm-1 until October 25: WeekaA only 8. the Canuttee shall opal M.spec Pads acca> litig to the sclre He set out ni parab aph 7 atildusk only. Dusk isurxlastoodtonwui"tux, hagjunmeof(41i#rtifstux,ewif frqsk! 9. the Cotmrittee shall be tusponsible to provide all rrecessary sec utit< for the patio aril am- aril all bWduig located therein, mcluduig lodarig and tailoclatig the gtes to the Pads 10. Subject to < < 6, the Canrittee sWl be responsible for the nanul imu tefmce of the park and its mmuties, including landscaping, gi-ass cutting, trail N-,ak, brdl and fircility inspections and cleaning, etc. 11. The Camittee sfull record and report to the City am- questiorkable belr<lviour at or near the pads 12. The Connrittee shall iim tarn the pack tlrtougi its Atnnr l SpIim clean 4 Program It shall b responsible for the gareral nwitetraice of the park aril the guba e rennsal. 13. The Caniittee shall assume respalsib4- for bo4mig the picric areas, the ball fields, aril at-A- evats at the park 1=4. The Canruttee shall sock the penrvssion of the City before rldang am cl><artgp to the M=atte of the p tk 15. The Canrittee sl>all provide a report, including fituticki sUamnts, to the Cammn CounciI of the Citv bN- Jmkn-15, 21)11). 16. The Cantittee slull obtain liabilit<- insmance m an um it t of $19 X ),(X X ).(X and the polio shall row the City as a co-instued. The Camittee sfull provide a certificate of msmance to the City oithmig the above, prior to the City paling the um it t refirrecl to in 1atVg1 17. The CAN- sfull advise the Canruttee of its intention to femv- his Agreeinat, shaild it so dioose, by Febmarv 15, 21=)11). Perfoimunce 18. Both parties -gee to do eventhing rxcxs&u to erntne dxd the temv of this Agree wt take effect. Non-Performance 19. 'se failure ai the put of either putt- to o evcise of enface at-A- not cafened upai it utxler this Ag eetwit shall not be dec tired to be a NNaiver of at-A- suds tiort cc orate to bar the exercise or atforcemat thereof at am- tun: or tunes thaerfier. 110 2N N _Aj =uAt EehN=i Mspoc t'lur,~ReauMai Omixttee and Hie Gty 41,atin l I i PAge3 of7 Remeches 20. LTpai default by either part<-raider aruv-tenrs ofdis Agreaient, and at amTtnm after the default, the parties shall leave all iiglits and remedies provided b~Tlavyand bvthis Abe uAt. 21. No delay cc anissian by the Cite- in o ereisirg airs- riot or rened<- shall operate as a vvaaivcr of theirs or of am- other ri Ot or randy; and no sing he or partial exercise of a right or tetmdy shall precis do am- other or further exercise of theirs or the exercise of am- other ri Ot or rermdy. FUrtImmre, the City tray rermdv- am- default by the Corrnrtittee in am- reasotnable nnunre r vvithaout waiving the defnilt retnAed and vvithaout vv<aild am- other prior or subsechtcnt ddadt by the Cour ittee. All tights aril retrudies of the Cite- guted or reeVitzed in this Agieenent are emu lative aril nny be exercised at am-tin-e aril fimitine to time itid ides tlv or in corrbitnation Force Nfaieure 2. It is vued betvvem the parties that neiftT putt shall be held responsible for dainiges cause d by delay ar failure to peifannlis utxlettalangs urxler the terns of the Agreaixnrt when the delay ar failure is due to fires, strikes, floods, acts of God, lavvfitl acts of public authorities, or del<avs or defutlts ca m d bN- cotmmn carriers, which canmt be rutsornabh- foreseen or provided Reference to PriorAareetmt 23. This Agreetwit supersedes and t-kes the place of all prior Vwmtits entered irrto by the parties. Amendments 24. No charW ar modification of this Agreaitait shall be valid unless it be ni witug and signed b-,-eachpart<-. Rather Documents 25. The parties agree thnat e<rcla of theirs shall, upon teasonable request of the other, do or cattise to be done all fitrther lave RA acts, deeds and asst graces vvhnatever for the better petfon nuxe of the tenav and conditions of this Agmwit. Validity and btemretation 26. Dt smptive 1, mdi q_)~ ate inserted solely for con meace of reference, do not foirn part of this Agicetwit, aril are not to be used as an aid mi the itteiptetation of this Agicertut. 27. It is urtaxlf d that all piwisiotas of thus Ageaia rrt shall be fully buxling aril effectively beetvveeti the parties, but in the evat tfut are- partiatlar provision or provisions or part of one is found to be void, voidable or cutcufmcabble for am- reason whatsoever, then the particular provision or provisions or put of the provision shall be deamd severed from the reraninder of this Agreaixnrt aril all other piovisiarns shall rennin ni full fora:. Govenina Law 28. This Agreenent shall be goveriaed by aril construed in accordance with the laves of the Iii-ovince ofNV wBnulsvviclc 111 2N N -Aj =uAt EehN=i Mspoc PuckRecruMai Oninttee and Hie Gtv of satin l I i P ge-447 TH[S AC;ItFEEMENT shall entire to the benefit of and be binding on the respective heirs, ewwtois, achiumistiatots and assigns of cacti of the patties. IN WITNESS WHEREOF the Mities lave affixed their respective corporate sads attested b-,- the fkm& of their respective officers M a tfmzecl in tlrt beldf on the dam afa uruticned. SIC;NED, SEALED & DELIVERED ) In the presence of: ) MISPEC PARKRECRFATION I COI\MT fEE M Per: BrianlTuris, President THE CTTY OF SAINT JOIHN Ivan Court, Nlrvor J. Patrick Woods, Conyiron Cleric Column Council Resoldion: 2(X)9. 112 2N N -Aj riiAt EehN=i Mspoc PndtRecruMai Oninttee and Hie Gtv of loti t lhi Pie 5 47 SCI I®UU "N' h ANY ~ tt ~~f, Y r r ~ I 'r 'yy ~~jJ {t 7y r' ' ' ~~t, .1 4 a r r r r~ :7t ~ fir` i S~w r~ e y ~ y 4 y i 1 t'_ r` r- Yv s„ 113 2N N -Aj =uAt EehN=i Mspoc PndcReauMai Oninttee and Hie Gtv of stilt l I i Page 6 47 SCEEDULE"B" PROVIN E OF NEWBRUNMCK COUNTY OF SAINT JOHN L J.PATMCKWOODS, of the ON- of Sait Jolui in the Courrtv" of Sait Jolui and Province ofNe\vBnm Nick, DOHERMYCElrIIFY:- 1. That I amflie Comirti Clerk of flee said City- of Saint Jolui aril such have the cxrstodv of the ium tes and records of the Comm Council of the said City of Smt John and cfthe Comm Sal cfthe said City. 2. That the herein below-is a copy- ofa resolttionadopted at ai ing of the Ca mm Council of flee City of Saint John on the 16`x' ch- of Nh-di 2(X)9. That I l><1ve c~efiilly- coraued the said resoldion with the oripial and the sum is a true ccp~-tleieof. DATE Dat the Citv-of Sant Joluion the da<- of 3 09. IN TB MONYV&fREOF L the said Comm Cleric of the Cite- of Sant Min luw liereurrto affixed the Cotuiron Seal of the said Citv the day aril Near first hmiiMcce Witten J. Patrick Woods, Comm Clerk Much 16, 2(X P. RESOLVED tl-t Council approve the request fium Brian Harris, Clmuui, ?\4spx Pad,, Recreatiai Con-nittee hic. for ag<att of 0,5M. 114 2N N -Aj =iiAt EehN=i Mspoc 1'lutRecruMai Oninttee and Hie Gtv of loti t lhi Page 747 SCIi®UU "C" ISP PARK NONAM CCOMMITTEE I me, MAspee Perk P'blose . Opm. rng Bu get 2009 Pro,ieded R;NW ne hWincial Adc7g Cop t Wait Woo Pr%Tmri $13,i1dC 00 been ~14,N~1G~N~N,! TOW L#:eveout 5~9,UNMNpJI1Nl P eNSted Lain :aM Sa Hs ft (a) Prrl1 Time s2G.500,00 (lh) Part TimB 0,000.00 ~cD Cs (sair¢y~ ~,091pA0 3,40NI.01~ f a mm 5tnclc 0N1tI,N30 cAntemNuipment 1 SQ.0il Gsibqm](twwval I05d6 p0 New a4me Bing 7.%.0 mains RuppNim 500,09 Alot =P,,quipneenL 750,00 Akt me 5upplin 750,00 Faar r, M214 750.00 _)Ttl°MWM Mt*Cco}n'HF, UMhMi Wgt'phUde, fig#'A'fi SUOM ltcpaias to: sttuis, ob rvaiun dcuks, evil I-Au MAD Repairs tw piEic tkli%, kichm pknic s'hcitess ] MOLOO Sale motuuLl 2999.00 1I[1srr. 0.00 uefvn},eerRx s 12GCI.{lil TGbd P;uprnmus samom Grm PatrGN t N -Wld; cityw speetPla t N pm taad "Loal,0 is"anvaihtx,enm saUy.. Ek"ncian piumba am0rad m hook up powac and pliimNag in bDth sets of Coe ufHydra llii~ M il~Att Rfikt . P. 9, M 2414, ~AaW 4040, N,L HE 304 115 Saint John Parking Commission Commission sur le stationnement tie Saint John M&C 2009-47 March 5, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: 11th Floor, City Nall, 11 ieme Etage, Noted de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B./N.-B, E2 L 40 Tel / T6I: (506) 658-2897 Fax J Telecopieur: (506) 649-7938 E-mail / Courried: parking@saintjohn.ca SUBJECT: COBURG STREET & WATERLOO STREET TRAFFIC BBC-LAW AMENDMENT BACKGROUND Coburg Street and Waterloo Street are incorrectly listed under Schedule "A", Parking Times, 8:00 A.M. to 10:00 P.M., of the Traffic By-law. ANALYSIS In August 2003, alternate-side parking was implemented in the residential zones of the South/Central Peninsula and accordingly, the schedules of the Traffic By-law with respect to alternate side parking (H-1) and parking times (A-1) were updated to include all affected streets; however, Coburg Street and Waterloo Street were not added to Schedule A-1, Parking Times, 8:00 A.M. to 5:00 P.M., and still remain on Schedule A, Parking Times, 8:00 A.M. to 10:00 P.M. Signage on Coburg Street and Waterloo Street indicates two hour parking from 8:00 A.M. to 5:00 P.M. Any parking violations issued on Coburg Street and Waterloo Street under Section 7(5), 2 Hour Parking Restriction, 8:00 A.M. to 5:00 P.M. are invalid and will not be able to proceed to summons or court because these streets are listed on the incorrect schedule of the by-law. In order to give effect to what was intended for Coburg and Waterloo Streets, it is necessary to amend the Traffic By-Law as follows: • Coburg Street, West Side, Garden Street to Hazen Street, be removed from Schedule A, Parking Times, 8:00 A.M. to 10:00 P.M; • Coburg Street, East Side, Garden ,'Street to Cliff Street, be removed from Schedule A, Parking Times, 8.00 A.M. to 10:00 P.M; www.saj*Nohn,ca M&C 2009-47 March 5, 2009 Page 2 Waterloo Street, Both Sides, Richmond Street to Brunswick Drive, be removed from Schedule A, Parking Times, 8:00 A.M. to 10:00 P.M. Coburg Street, West Side, Garden Street to Hazen Street, be added to Schedule A- 1, Parking Times, 8.00 A.M. to 5:00 P.M; Coburg Street, East Side, Garden Street to Cliff Street, be added to Schedule A-1, Parking Times, 8:00 A.M. to 5:00 P.M, • Waterloo Street, Both Sides, Richmond Street to Brunswick Drive, be added to Schedule A-1, Parking Times, 8:00 A.M. to 5:00 P.M. RECOMMENDATION It is recommended that the City Solicitor be directed to draft the necessary Traffic By- Law amendment summarized in M&C Report 2009-47 regarding Coburg and Waterloo Streets. Respectfu su Ric' rd Smith Gen al anager Saint J Z Terrence L. Totten, P.C.A. City Manager 117 M& C2009 - 65 March 5, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engagement of Engineering Consultants - 2009 Capital Program PURPOSE OF THIS REPORT III,. LA' u: ia Juhn The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of engineering consultants to carry out design and constriction management services for a number of approved projects in the 2009 Water & Sewerage Utility Fund and General Fund Capital Programs. BACKGROUND On March 18, 2002 (M&C 2002-87) Common Council approved the direct engagement of Engineering Consultants to carry out design and constriction management services for nine specific projects approved under the 2002 Capital Program. This method of direct engagement proved to be an efficient and cost effective method for the hiring of consultants and the process was again utilized in 2003 (M&C 2003-368), 2004 (M&C 2004-34), 2005 (M&C 2005-42), 2006 (M & C 2006-31), 2007 (M&C 2007-29) and 2008 (M&C 2008-04) where Council approved the direct engagement process for eight, seven, six, thirteen, twenty-eight and twenty-two specific projects respectively under the 2003, 2004, 2005, 2006, 2007 and 2008 Capital Programs. Our professional engineering resources are filly tasked, with a very demanding workload expected of all your engineering staff The engagement of engineering consultants now will allow the preliminary design and detailed design work for specific projects to be completed so that constriction work can proceed this year. Identified in the description of certain approved 2009 projects is the requirement to hire outside consulting engineering services for design and/or constriction management work. 11 - m "0 ~I ~ ~ 118 M&C 2(_)(_)9 - 65 March 5, 2009 Page 2 The engagement of consultants is, in and of itself, a very involved, time-consuming process. As such, and given the overall workload of available staff, we are proposing for 2009 as we did in 2002, 2003, 2004, 2005, 2006, 2007 and 2008 to hire specific consultants by the direct engagement method. The existing procurement policy calls for employment of "the Proposal Call method of vendor selection" for the engagement of professional services which require the approval of Common Council - those with an estimated value greater than $25,000. ANALYSIS The Proposal Call method requires a period of 7 to 8 weeks for each substantial project. The procedure is time consuming and costly, both for the City and the consulting firms involved. It includes: preparation of the request for proposal (RFP), advertisement of the RFP, preparation and submission of a relatively elaborate proposal by each interested firm, detailed evaluation of each submitted proposal by an evaluation committee of staff (typically, 4 or 5 staff members from different departments), preparation and submission of a report to Council recommending the selection of a consultant, and, finally, notification of the selected consultant and confirmation of expectations. After the grouping of similar or related projects, there would be a need to carry out twenty-two proposal calls this year. The challenge before your staff is to strive to complete projects in the most efficient and cost-effective manner possible - over the long term. To do that, we need to find ways to optimize the available work time of the professionals responsible. These resources are presently stretched to the limit. It is not staff s intention to request an amendment of the procurement policy for general application, but to obtain approval from Council to deal directly with particular consultants for a number of specified projects. The rationale for doing so is summarized herein. For those projects, the request is that Common Council authorize staff to conduct necessary negotiations with identified consultants on a project-by-project basis. For the largest engineering projects planned for this year, as would be the case for those of future years, the request for proposal approach would continue to be used. The detailed design of the Water Treatment Facilities and other grouped projects identified under the Water Service Needs category of the Water & Sewerage Utility Fund Capital program will require a major engineering commitment. The public RFP approach may be used for other projects as well. The following table identifies the consultants proposed for specific projects and includes the estimated amount that was approved in the 2009 Capital Program for Engineering Design and/or Construction Management services. 119 M&C 2(_)(_)9 - 65 March 5, 2009 Page ; CONSULTANT ENGAGEMENTS Project Latimore Lake Road - Street Reconstruction Rothesay Avenue Wastewater Pumping Facility - Upgrade Simpson Drive Wastewater Pumping Facility - Upgrade Carpenter Place Wastewater Pumping Facility - Upgrade Sanitary Sewer System - Check valve installations at cross connections with storm Loch Lomond Road - Water, Sanitary & Street Reconstruction Cannaught Avenue - Storm Culvert Albert Street - Water, Sanitary, Storm & Street Reconstruction Douglas Avenue - Water, Sanitary & Storm Visart Street - Water, Sanitary & Storm Paisley Street - Street Reconstruction Glengarry Drive - Sanitary Sewer Ford Avenue - Sanitary Sewer Bonner Place - Street Reconstruction Fisherman's Road - Street Reconstruction Hickey Road - Street Reconstruction Estimated amount approved in 2009 Capital Program for Engineering Design and/or Proposed Consultant Construction Management Services $100,000 $70,000 $45,000 Godfrey Associates Ltd. Saint John, NB $30,000 $25,000 $65,000 $20,000 $120,000 ADI Limited Saint John, NB $155,000 $80,000 $25,000 $5,000 Dillon Consulting Ltd. $10,000 Saint John, NB $50,000 $20,000 $10,000 ILV M&C 2009 - 65 March 5, 2009 Page 4 Project Milford Road/Riverhill Drive Storm System Improvements - Study & Design Marsh Creels Storm Water Diversion Rothesay Avenue - Improvements at Intersection with Broadway Avenue Consumers Drive - Addition of Dedicated Turning Lane at Westmorland Road Mountain View Drive - Reconstruct & Widen Intersection at McAllister Drive Westfield Road - Street Reconstruction Brentwood Crescent Drainage Basin Storm Water Management - Study & Design Woodward Avenue Pressure Reducing Valve Renewal Sea Street Drainage Basin Study & Design Sherbrooke Street Drainage Basin Study & Design East Saint John Combined Sewer Separation Strategy Bleury Street - Storm Sewer Market Place - Sanitary, Water, Storm 8 Street Reconstruction Rodnev Terminal Storm Sever - Design King Street West - Water & Street Reconstruction - Design Watershed Protection Facilities Estimated amount approved in 2009 Capital Program for Engineering Design and/or Construction Management Services $90,000 $500,000 $90,000 $25,000 $20,000 $430,000 $300,000 $35,000 $75,000 $250,000 $400,000 $50,000 $440,000 $ 300,000 $110,000 $70,000 121 Proposed Consultant Terrain Group Saint John, NB CBCL Limited Saint John, NB Crandall Engineering Ltd. Saint John, NB M&C 2(_)(_)9 - 65 March 5, 2009 Page 5 Estimated amount approved in 2009 Capital Program for Project Engineering Design and/or Proposed Consultant Construction Management Services Mystery Lake Control Structure Spruce Lake Landfill Leachate Management System North End and South Central Peninsula Sanitary Sewer Infiltration Study Burpee Avenue Retaining Wall Loch Lomond Road Slope Stabilization - Design Lancaster Lagoon Lighting, Retrofit, VFD Installation & Oxygen Diffusion Investigation Lancaster Wastewater Treatment Facility - Backup Electrical System Peel Plaza - Sanitary, Water & Street Reconstruction $110,000 Gemtec Limited $100,000 Saint John, NB $150 000 Hydro Com , Fredericton, NB $70,000 Fundy Engineering & $30,000 Consulting Ltd. Saint John, NB $50,000 Ralph Smith Engineering Inc. $80,000 Fredericton, NB Stantec Consulting $320,000 Ltd. Fredericton, NB Certain consultants have previously carried out design work of a similar nature to proposed work and, in some cases, the work proposed for a consultant is an extension or the next phase of a project they were previously involved with. A table entitled "Consultant Selection Rationale" is appended to this report and includes an explanation of the rationale used for matching a consultant with the planned project. Staff have worked with these consultants over a number of years and have confidence in their ability to successfully carry out the work for which they are being recommended. It is proposed that staff be authorized to carry out negotiations with the consultants identified for the projects indicated. Provided an acceptable agreement can be reached with a proposed consultant, a subsequent report will be submitted to Council identifying the negotiated fee for the engineering services required and requesting Council's approval to engage the consulting firm. 122 M&C 2(_)(_)9 - 65 March 5, 2009 Page 6 The negotiations would proceed as follows: A detailed scope cif iroik woisld be developed hi, staff foi each project ciml based oil that scope of irork, the cousultiug. irm irould be required to submit their proposed project team, irork plan, schedule a»d a fee to complete all the irork ideutifieca' Staff irould theca revieir their submissiota and evaluate the proposed fee .1br the project. Staff irould theca seek to settle oya au acceptable fee frith the cousidtaut .1br submissioii to Coimcil. Engineering fees to cover the cost of design and constriction management generally do not exceed 12-17% of the total overall project cost, depending on the nature of the project and the engineering services required. The costs incurred by consultants would be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A": time based. Should staff be unable to reach an acceptable agreement with the proposed consultant, staff would report back to Council and seek approval to negotiate with an alternative consultant for the project or to implement a public call for proposals. INPUT FROM OTHER SOURCES As was done for the engagement of consultants in 2002, 2003, 2004, 2005, 2006, 2007 and 2008 this 2009 proposal has been reviewed with the Purchasing Agent and City Solicitor. RECOMMENDATION Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council authorize staff to conduct negotiations for the engagement of engineering consultants to carry out design and constriction management services for the 2009 Water & Sewerage Utility Fund and General Fund Capital Programs with the proposed consultants identified in the "Consultant Engagements" outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 123 M&C 2(_)(_)9 - 65 March 5, 2009 Page 7 CONSULTANT SELECTION RATIONALE Project Latimore Lake Road - Street Reconstruction Rothesay Avenue Wastewater Pumping Facility - Upgrade Simpson Drive Wastewater pumping Facility - Upgrade Carpenter Place Wastewater Pumping Facility - Upgrade Sanitary Sewer System - Check valve installations at cross connections with storm Loch Lomond Road - Water, Sanitan- & Street Reconstruction Cannaught Avenue - Storm Culvert Albert Street - Water, Sanitary, Storm & Street Reconstruction Rationale In 2007, Godfrev Associates Ltd. completed the design for the first phase of Latimore Lake Road- Street Reconstruction and in 2008 Godfrey completed preliminan- design work for upgrades to the Rothesay Avenue and Simpson Drive Wastewater Pumping Facilities. It would be appropriate for Godfrey to continue with the detailed design and construction management for the next phase of Latimore Lake Road and also with the detailed design and construction management for the pumping station upgrades. In 2007 and 2008 ADI Limited completed detailed design of the Glen Road/Simpson Drive-Culverts, Braemar Drive Street Reconstruction and Parkhill Drive - Watermain and Sanitary Sewer. The 2(_)(_)9 projects indentified for ADI would be considered work of a similar nature to the previously completed projects. The 2(_)(_)9 Loch Lomond Road project is adjacent to the One Mile Interchange project limits that ADI is carrying out on behalf of the Province. Douglas Avenue - Water, Sanitan- & Storm Visart Street - Water, Sanitan- & Storm Paisley Street - Street Reconstruction Glengarry Drive - Sanitary Sewer Ford Avenue - Sanitan- Sewer Bonner Place - Street Reconstruction Fisherman's Road - Street Reconstruction Hickey Road - Street Reconstruction In 2008, Dillon Consulting Ltd. carried out the detailed design work for the Brunswick Drive and Paul Harris Street - Water, Sanitan-, Storm and Street Reconstruction project. The 2(_)(_)9 projects identified for Dillon would be considered work of a similar nature to the previously completed projects. 124 M&C 2(_)(_)9 - 65 March 5, 2009 Page 8 Project Rationale Milford Road/Riverhill Drive Storm System Improvements - Study & Design In 2008, Terrain Group carried out prellminan- design Marsh Creek Storm Water Diversion Nyork on the Westfield Road Street Reconstruction project and completed a study of the Marsh Creels Rothesay Avenue - Improvements at Watershed in conjunction with the Storm Water Intersection with Broadway Avenue Management Strategy. Terrain has also recently completed detailed design Nyork for the Princess Street - Consumers Drive - Addition of Dedicated Road Reconstruction project. The 2(_)(_)9 Marsh Creels Turning Lane at Westmorland Road Storm Water Diversion project and Westfield Road - Street Reconstruction project would be considered an Mountain VieN-,- Drive - Reconstruct & extension to previously completed projects. The Widen Intersection at McAllister Drive remaining 2009 projects identified for Terrain are all projects of a similar nature to Nyork completed by Westfield Road - Street Reconstruction Terrain on other City projects. Brentiyood Crescent Drainage Basin Storm Water Management - Study & In 2008, CBCL Limited carried out preliminary design Design for the Millidgeville Storm Water Management project. Over the past several years CBCL has also completed Woodyard Avenue Pressure Reducing studies and design Nyork involving the City's sanitary Vale Renevval sewer system Nyith the Eastern Wastewater Treatment Facility Project and the WsteNyater Collection System Sea Street Drainage Basin Study & project in conjunction with Harbor Cleanup. The Design BrentN-,°ood Crescent Drainage Basin - Storm Water Management project and the East Saint John Combined Sherbrooke Street Drainage Basin Study SeNyer Separation Strategy project would be considered & Design extensions of projects recently completed or under`-,-ay by CBCL. The remaining 2009 projects indentified for East Saint John Combined SeNyer CBCL are all projects of a similar nature to Nyork Separation Strategy completed by CBCL on previous City projects. Bleurv Street - Storm Sevver Market Place - Sanitan-, Water, Storm & Street Reconstruction In 2(_)(_)8, a recommendation was adopted by Council to engage Crandall Engineering Ltd. to carry out design Rodney_ Terminal Storm Sevver - Design Nyork for the Market Place - Sanitan-, Water, Storm and Street Reconstruction project. Crandall has also carried King Street West - Water & Street out the design and construction management Nyork Reconstruction - Design associated with the 2(_)(_)6, 2(_)(_)7 and 2(_)(_)8 Watershed Protection Facilities projects. It would be appropriate for Watershed Protection Facilities Crandall to continue in 2009 vyith the constriction management portion of the Market Place project and to care out design Nyork on the Rodney Terminal and King Street West projects Nyhich are immediately adjacent to Market Place. It would also be appropriate for Crandall to continue in 2(_)(_)9 with design and construction management of the Watershed Protection Facilities Project. 125 M&C 2(_)(_)9 - 65 March 5, 2009 Page 9 Project Rationale MN-sten- Lake Control Structure In 2008, Gemtec Limited Nvas engaged by the City to carry out design work on the Mystery Lake Control Spruce Lake Landfill Leachate Structure. The design Nyork is nearing completion and it Management System Nvould be appropriate that Gemtec continue in 2009 with the construction management component of the project. Gemtec has also carried out the design Nvork between 2000 and 2002 for the Spruce Lake Landfill Closure and it would be appropriate for Gemtec to continue in 2009 with the Spruce Lake Landfill Leachate Management SNTstem design. North End and South Central Peninsula Sanitan- Sevver Infiltration Studv Hvdro Com Technologies Limited specializes in infiltration and flow monitoring studies and sanitary sewer system rehabilitation work. Hvdro Com has successfidly completed similar work for the City on past projects and it would be appropriate for them to continue in 2(_)(_)9 with the Sanitary Sewer Infiltration Study for the North End and South Central Peninsula. Buipee Avenue Retaining Wall Funlll' Engineering has successfidly completed Loch Lomond Road Slope Stabilization - retaining wall and slope stabilization designs for the Design City over the past few years on projects such as the Prince William Street Retaining Wall and FallsvieNV Drive Slope Stabilization. The Burpee Avenue Retaining Wall and Loch Lomond Road Slope Stabilization projects would be considered to be of a similar nature to the previousIv completed projects. Lancaster Lagoon Lighting, Retrofit, VFD Installation & Oxygen Diffiision In 2007, Ralph Smith Engineering Inc. Nyas engaged to Investigation complete design work on the Lancaster Wastewater Treatment Facility - Backup Electrical System project. Lancaster Wstevvater Treatment Facility_ It Nyould be appropriate for Ralph Smith to continue - Backup Electrical System with the construction management phase of the project in 2009. The Lancaster Lagoon Lighting, Retrofit, VFD Installation and Oxygen Diffiision Investigation would be considered an extension to the backup electrical system project. Peel Plaza - Sanitan-, Water & Street Reconstruction In 2(_)(_)8, Stantec Consulting was engaged to carry out design Nvork for the Peel Plaza - Water, Sanitan- and Street Reconstruction project. It would be appropriate for Stantec to continue with the construction management phase of the project in 2009. 126 1 ~n 11'' P I ~ LllA'. n ~L l JS The City of Saint John PROCLAMATION SAINT JOHN WHEREAS: l billion people around the world have no access to clean drinking water and 2/5 of the global population lack proper sanitation; and WHEREAS: the World Health Organization reports that contaminated water contributes to 80%Q of all sickness and disease worldwide; and WHEREAS: this global water crisis is caused largely by mismanagement of fresh water supplies and deeply inequitable access to water services; and WHEREAS: parts of the public asset/ service are being handed over to private companies that operate services for a profit and are not accountable to the public; and WHEREAS: the Canadian government is not actively taking steps to protect our water; and WHEREAS: 84% of Canadians strongly agree that Canada should adopt a comprehensive national water policy that recognizes clean drinking water as a basic human right. (April 2004, lpsos-R eid) NOW THEREFORE: 1, Mayor Ivan Court, of Saint John 'do hereby proclaim Sunday, March 22, 2009 as World Water Day in the City of Saint John. official seal of the Mayor of the City of Saint John, In witness whereof I have set m hand and aff,xPel thP y P.O. Box 1971 Saint Jahn, NB Canada EA 41 ! vw w.saintaohn.ca 127 CA 1971 Saint Jahn, tel.-,, - =1~-in n -er Local overnments an Regions - - - An Action Plea for the Future of = - - a - - Local Governance in New Brunswick- _ - - = - J~s I 128 Mandate -77 ❑ Independent review bringing together current best practices and results of prior studies in the area of local governance ❑ Comprehensive review of local governance & action plan: ✓ structure & organization ✓ regional cooperation ✓ property taxation ✓ local government funding arrangements ✓ legislative framework r"ide -cWp eh sivo amdW fir 4*qrqjoc41 ov r n _ 129 Context -77 • Appointment as a result of a recommendation made by the Self-Sufficiency Task Force • Concerns expressed about current size and number of local government bodies • Action plan needed to position New Brunswick's communities to contribute to and benefit from the self-sufficiency agenda 130 Current administrative units • 101 Municipalities (8 cities, 27 towns, 66 villages) • 3 Rural Communities • 267 Local Service Districts 20 First Nation Reserves • 12 Solid Waste Commissions • 12 District planning commissions • 15 Community Economic Development Agencies • Approximately 50 « taxing authorities -77 • Hundrec_s of other inter-municipal, single-purpose agencies v 131 _oca' Governance Units by P Population LSD Municipality Percent of / RC Population < 500 101(38%) 12(12%) 4% 500 - 1000 75(28%) 27(26%) 11% 1000 - 2000 64(24%) 29(28%) 18% 2000 - 5000 25(9%) 19(18%) 19% 5000-10000 2(0.1%) 7(7%) 8% > 10000 0 10(10%) 40% Total 267 10.4 IM Ij 132 Loca'- government functions • Forum for representation (local democracy) • Service agent (provider of services) -77 134 Unba'-anced governance structure • Abundance of structures and organizations • Weak tax and population base in many cases (affects ability to deliver services) • Democratic deficit: many residents without representation at a local level (35% of population and 90% of the provincial territory) and limited competition for elected offices (1/3 of councils with less than 2000 pop acclaimed) • Absence of common regional structure 135 Structura-- mismatch New Brunswick's local government map has been frozen, while we have seen significant changes in... • Population distribution (gain for few, decline for many, aging, more concentration) • Transportation infrastructure (widespread commuting ) • Communication technologies (distance servicing) • Economic structure • How other major government services are organized 136 Mismatch imp'-ications Municipal boundaries not aligned with true communities (artificial separations) Cost efficiencies constrained by current boundaries Misinterpretation of what constitutes rural and urban communities (`incorporated' equated with urban & `non- incorporated' with rural) LSD structure in semi-urban or suburban communities Growing number of underpopulated local communities / governments Frgmened serIce =provision 8 .csinktng E-j 137 Units size number: imp'-ications- Limitations on civic engagement (voter turnout, acclamations, availability of volunteers) • Limited tax base (limited revenue raising capacities) • Limitations on administrative & technical capacities (stretched staff, multi-tasking) Excessive community fragmentation 138 Units size & num_Der: imp _ications (cont'd) • Costly duplication of services, major ec uipment, and infrastructure (i.e., water treatment faci-ities) • Inter-community competition • Less strategic use of federal & provincial infrastructure funding • Limited ability to spread costs / share revenues 139 Differentia property tax regime r n om. 4. • Reinforces incorporated /non-incorporated, rural /urban splits • Makes it more difficult to manage development (sprawl, uncontrolled development) 140 sy). grant system -issues Unconditiona'-- • Does not encourage cost sharing & cost avoidance • Tends to foster financial dependency -77 • Undermines financial & fiscal accountability (those who spend do not always raise all the revenues) • Supports status quo in service 141 -77 Proposed New Framework 142 Ob.* ectives of proposed reforms r n om. • Strengthen local governments to better contribute to NB's self-sufficiency agenda • Adjust local governance institutions to reflect today's New Brunswick socio-demographic anc_ economic environment • Provide voice & decision-making for unincorporated areas • Improves electoral competitiveness in municipalities • Transform disj ointed & fragmented system into a more e )herent 4 e ec ve whop 143 Bui'-d on what is wor Kin • Division of responsibilities between province and local governments • Property tax administration and collection by province • Province-wide property assessment • Reasonably comparable local services at reasonably comparable tax levels 144 Proposed munlcl a- structures • Municipalization of entire province • Transformation of LSDs, rural communities, villages and towns to new, larger municipal entities • Adjustment of cities' boundaries to include adjacent unincorporated areas • Thresholds (minimum 4,000 pop or $200 million assessment) • 53 administrative units • Service provisions of Official Languages Act continue to apply • Detailed maps & descriptions included with report Ilk L 145 -77 Regiona'- service district (RSD) • 12 regional service districts (RSDs). Detailed maps & descriptions included with report • No taxation authority for RSD • Regionalization of select services • Board of RSD composed of elected municipal officials (weighted vote system) • No direct election to RSD board • Two to nine municipal entities per RSD • SWCs, DPCs & CEDAs folded into RSDs 146 Regiond-ized services • Regional planning- regional strategic plan (RSP) based on provincial planning statements • Solid waste management • Policing • Emergency measures • Economic development • Other services -regional & sub-regional (optional) 21147 New fisca'- and financing regime • Property tax room transfer ($1.50 and $.75) • Unconditional equalization transfer - abolish unconditional grant • Taxation rules & local taxation decisions • Revenue sharing on regional basis • Former LSD's will pay for policing through a municipal levy and the provincial levy will be reduced by $.20 • Adjustment and expansion of $.44 provincial levy in former LSDs 148 Taxation rues & _oca_ taxation= -77 decisions • Taxation classes (residential owner occupied, residential other, residential long-term rental, non residential) • Differential Tax rates -reflecting service levels (urban, suburban, rural rates) • Local council decision 149 Integrated regiona_ panning 12 regional strategic plans (RSPs) -77 RSP guides infrastructure location & investments in region • Comprehensive & integrated (econ develop & land use included) • Sector specific provincial planning statements 150 Proposa'- re: St-John area • Return to 1997 Cormier report (municipa'. conso-idation and legislated regiona-ization of certain services • Boundary adjustments (reduction in # of municipalities) 151 Reconfigured St-John (entity 40) • Portions of Westfield, Lepreau and Simonds LSDs -6 • LSD of Musquash • Current City of St- John • Pop 70,000 but declining (-6%) since 1996 97% live and work within reconfigured entity • $4.65 billion property assessment . ~ .rye.. - . . 152 St-John part of RSD 9 -77 • RSD 9 consists of existing: 1 city, 4 towns, 1 vi, AS, .y and 11 LSDs n • Based on boundaries of current Fundy Solid Waste Commission • Pop of 121,545 • $7.61 billion property assessment • 98% of pop live and work within RSD • Currently, 14% of pop -ive in unincorporated areas • Pop decrease of 2% since 1996 153 Stream-'ining: within provincia-' government • Consolidation of local governance related statutes (local government organization act, local government financing act) • Consolidation of most local governance related functions in one department • Establishment of « municipal affairs commission -A 4 154 Improved accountabi"ity & transparency • Access to information & privacy legislation applies • Municipal performance benchmarking • Clearer directions on open council meetings • Elected officials directly accountable • Update list of manc_atory municipal services • Property assessment (more information accessible) -77 • Separation of assessment notification & tax bill MIMI%Y155 Legis'-ative framewor_'K • Consolidates legislative provisions in more comprehensive statutes • Modernizes legislation (spheres of jurisdiction) • Removes outdated provisions and clarifies others • Introduces provisions (some temporary) to allow for implementation of this report 156 y). Overa'-- impact of proposed reform S_ • Brings elected local government to all of New Brunswick • Makes municipal governments more viable & autonomous • Builds regions and regional capacity • Preserves principles of Equal Opportunity Program • Preserves local/community identity while sharing services • Deals with land-use planning issues (sprawl, ribbon develop) 157 Overa'--'-- impact of proposed reforms Bridges rural/urban divide sy). (con t) Eliminates differential (municipal vs LSD) tax regime Reduces duplication & fragmentation Decentralizes decision-making to municipalities & regions Provides for integrated regional development Improves accountability • Improves range and level of services 158 sy). Pengagement/coca-involvement Provisional municipal committees (composed of current administrative units): • consultation on proposed boundaries • confirmation of boundaries • name of new municipality • representation & election system Provisional regional service district committees (composed of current administrative units forming RSD): 159 imp--ementation considerations • Regionalization alone will not work • Recommendations form an integrated package • Can't separate financial/taxation from structure & organization proposals • Multi-year phase-in of several recommendations • Can't be done on a voluntary basis • Province needs to provide clear direction & transitional funding 160 06-0-' OJ rilUINI-DAHLAU UONS'1`1- UG-FION 15065961611 T-685 P001l002 F-576 C o n s k r u c t l c, rl 148 Catlile CrzSQcnt Saint John, NB E2J 5C4 Tclephonc:.506.652,9908 FacsirnilC. 506.696.1611 Fax Transmission To: Fax Number: S -7 Pram.: Pate: Page of ~-~c. .-sr te www.darlingeons=ction.com _ infO@darl!ngcQnMuction,cozn 161 Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et a Varrete sur le zonage ~ Applicant Related Information f Renseignements sur le demandeur n, c -6pl,~,ncl . Name of Applicant / Nom du demandeuc>f 0 Mailing Address of applicant / Addresse postale du demandeuc Telephone Number / Numdro de tdldphone Home / Domicile Fax Number / Numdro de tdldcopieur ` Postal Code / Code postal Work / Travail Name of Property Owner (if different) /Nom du proprietaire (si different) Address / Adresse Postal Code / Code postal: Property Information / Renseignements sur la propriW PcV-~ 1`0'-., 64 -l Location/ Emplacement Civic # /No de voirie ✓ Street / Rue PID / NIP Lot Area / Superficie du lu 4(7 w Street Frontage I Fagade sur rue ' Existing Use of Property / Utilisation actuelle de la propridtd Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal Lo A_ns Resi -rAfia . Present Zoning / Zonage actuel "Ic? ' _ r t f=a_ ; J v r Amendments Requested / Modifications demandees Municipal Plan / Plan nicipal 1 Change Lan se Designation to odifier la ddsigna ` n de l'utilisati es terres a and/or/ ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By-law/ Arretd sur le Zonage rr p f 1 t'"f ' Change Zoning to /Modification du nonage a ~C t Z' tO°C and/or / ou ;d r-,-~ CI (,,t ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) 162 Development Proposal / Proposition d'amenagement Description of Proposal l Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site do it indiquer les dimensions de la propriete, 1'emplacement de la totalite des bdtiments, des allies, des aires de stationnement, des amcnagements paysagers et des panneaux de signalisation. II est important d'indiquer la distance entre les limites de la propriete et les batiments. Provide reasons why these amendments should be approved. I Fournir les raisons pour les quelles les modifications devraient titre approuvees. -c-c..,.~` d `"°,°..ry" --s... ~.r--e_d~r~.tr.✓ c~ .--mac?..e'..c,- t~~C';~rd.r..,.t.-,~3.,J Provide any other information about your proposal that would be helpful. ll~ ournir tout autre renseignement concernant votre proposition qui pourrait titre utile. V r Signature of Applicant / Signature du demandeur Date "1` /fir 11 $400 Application Fee Enclosed / Ci-joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below, The signature of veuillez ohtenir la signature du proprietaire dans la partie the owner authorizing this application to proceed is ci-dessous. La signature du proprietaire autorisant le required for consideration by Common Council. traitement de la presente demande est require pour que cette derniere soit examinee par le conseil communal. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) LU WZIM J rr 0-C- W ; CrR - 11'1 o Date 163 4 ZT 1 frf I fJ r C 7 c ~ d 1 Q ~ Q_ Q u~ ~C i t C O f Cdy aim sxs,al Jahn 459 ° o IIICIj n n n n n n n n Jo?.n Oedds < Eia,bare podd= Richard P- I Ail.uk. N..s 64.2 u~ Proposed Parcel Portion of PID 418129 t~ (Partiprt cf P1 418129) (To 6e consolidated with the adjacent City of Soint John property - PID 52506) I Area a= 3.3 3 h beckctvres Area = 1.9 hectares oanold T. Cusack F Eileen T C-. C) O iJ - 1- n i54 164 37 3 Richard Powell AY-' Nsse p® 551>~e4 a S2 Gky O 5 Of ~ Snt g aM 8 d s ~ r ~o Y,m PioYi>~ it ]tfCL~YR O m l~ eater B _ F Naa Marx City ai~5~in~k John ~~wuwn M .e .ss ~ ci+r $ b cm+cwtvN PwRc~ qty PM Bmv iara'. aaof wM AKa.'ui W Pray..y styes mq' wy roxow~ rtne sn. wa ror seture~a. S k. Rap Rockwood Condominium CAY of sai„ t Jahn Saint d hn C.Uisty, N.S. KIERSTEAD QUIGLEY L1J and ROBERTS Ltd. i Sa4dialu~, Naw &uvuwlck it D.v?r x,~y za, xaa >m lNg. No. T--03t7 ,i 1 I a V r _ L J: Y, T ~ ~ r r r Yr "ter y 17 i4 11 u y o y1 { i+ 0 N w 0 LO City of Saint John INTERNAL INSERTION For City of Saint John use only.. Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley phone: (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Reference. 1671 Sandy Point Road. Newspaper Insertion Dates (Check as applicable) (SJTJ= Faint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement - SJTJ Classifieds Date(s): February 17, 2009 and March 10, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want gold in Ad, Ventre, Tab, etc.) Section Headline: ❑ General Notice 0 Tender n Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gorn ley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 166 PROPOSED ZONING BY-LAW AMENDMENT RE; 1671 SANDY POINT ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, March: 16, 2009 at 7:00 p.m., by: Rezoning a parcel of land located at 1671 Sandy Point Road, having an area of approximately 3.3 hectares, also identified as being a portion of PID Number 00418129, from ""R-lA" One Family Residential to "RM-2" High. Rise Multiple Residential, as illustrated below: [INSERT MAP] REASON FOR CHANGE: To permit the development of six-storey condominium buildings. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE STIR LE ZONAGE OBJET; 1671, CHEMIN SANDY POINT Avis public est donn6, par la presente, que le conseil communal de The City of Saint John a 1'intention d'6tudier la modification suivante de 1'arret6 sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil pr6vue le lundi 16 mars 2009 a 19 h Bans 1a salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 3.3 hectares, situ6e au 1671, chemin Sandy Point, et 6tant une partie du NID 00418129, de zone residentielle - habitations unifamiliales <<R-IA» a zone de tours d'habitations a logements multiples «RM-2>>, comme le montre la carte ci-dessous [INSERER LA CARTE] RAISON DE LA MODIFICATION: Permettre I'am6nagement de batiments de condominium de six 6tages. Toute personne int6ressee peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a Ph®tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feri6s. Veuillez faire parvenir vos objections an projet de modification par ecrit a Pattention du soussigne a 1'h6tel de ville. Elizabeth Gormley, Greffiere communale 658-2862 167 co PUBLIC NOTICE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-lawn at its regular meeting to be held in the Council Chamber on Monday, March 16, 2009 at 1:00 p.m.. by: Rezoning a parcel of land located at 1671 Sandy Point Road, havsng an area of approximately 3.3 hectarm also identified as being a portion of P1D Number 00418129, from &l A" One Family Residential to "RNI.2" High Rise Multiple Residential. as illustrated hcl ow: REASON FOR CHANGE: To permit the development of six-storey condominium buildings The proposed amendment may be inspected by any interested person at the office of the Common Clerk, Or In the Office of Planning and Development, City Hall, 15 Market Square, Saint John. N.B between the hours of 8:30 a,m. and 4:30 p.m.. Monday through Friday. inelustve. holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Tonle personae interessee peut examiner le projet de modification an bureau du greffter communal ou au bureau de 1'arhatusme et du developpement a ]'hotel de ville au 15, Market Square, Saint John. N,-B., entrc 8 h 30 et 16 h 30 du lundi au vendredi, sauf leslours fines. Veuillcz faire parvenir vos objections au projet de modification par ecrit i ]`attention du soussigne a ]'hotel do ville_ 36695x5 Elizabeth Gormley Common Clerk Elizabeth Gormley, Greffiere communale 658-2862 658-2862 1 11 ' 11011 i t AVI PUBLIC Avis public est donne, par la presente, que le Conseil communal de The City of Saint John a l'intention detudier la modification suivante de l'arrete Sur le zonage de The City of Saint John, au cours de la reunion ordinarre do conseil prevue le londi 16 mars 2009 a 19 h daps la Salle du conseil: Rezonage dune parcelle de terrain dune superfine approximative de 3.3 hectares. situee au 1671, chemm Sandy Point, et etant one partie du NID 00418129. de zone residentielle - habitations unifamiliales ifR-1A>> a zone de tours dhabitations i logements multiples i<111-2>>. comme le montre la carte ci-dcssous a -'a Y. 7 RAISON DE LA MODIFICATION: Permetlre l'amenagement de balnncnts de condominium de s six stages 169 BY-LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 1671 Sandy Point Road, having an area of approximately 3.3 hectares, also identified as a portion of PID Number 00418129 from "R-IA" One Family Residential to "RM-2" High Rise Multiple Residential. - 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. 2009 and signed by: Mayor/Maire ARRETt No C.P. I 10- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr06 ce qui suit : L'arret6 sur le zonage de The City of Saint John, d6cr& le dix-neuf (19) d6cembre 2005, est modifi6 par : I La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier ]a d6signation pour unc parcelle de terrain dune superficie approximative de 3.3 hectares, situ6e au 1671, chemin Sandy Point, et 6tant une pantie du NID 00418129, de zone rdsidentielle - habitations unifamiliales aR-IA» a zone de tours d'habitations a logements multiples uRM-2». - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sccau communal sur le present arr6t6 le 2009, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 170 M&C-2009-68 March 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application for 1671 Sandy Point Road (City Owned Harrigan Lake Property) by North Star Holdings Inc. BACKGROUND: Common Council at its December 8, 2008 meeting considered a report from City staff regarding the potential sale of the City owned property at 1671 Sandy Point Road (Harrigan Lake property) to North Star Holdings Ltd. Council adopted a resolution that deemed the subject property surplus to the City's needs, authorized staff to continue to negotiate exclusively with the proponent for an agreeable purchase price for a period of up to 100 days, and also allowed North Star to apply for a Municipal Plan and/or Zoning By-law Amendment for the site. Common Council, at its February 16, 2009 meeting, referred a rezoning application by North Star Holdings Ltd. to the Planning Advisory Committee for their report and recommendation. The PAC meeting was to be held on March 10th' with Council holding a Public Hearing on March 16th The North Star Holdings proposal was to develop two, six-storey multi-residential condominium buildings, each having 83 dwelling units for a total of 166 units on the property. The rezoning application was to rezone the property from "R-IA" One Family Residential to "RM-2" High Rise Multiple Residential to accommodate the proposed development. In preparing the staff report to the Planning Advisory Committee regarding the above mentioned application, planning staff received a significant number of telephone calls and letters in opposition to the proposal. In addition, Planning staff had a number of concerns regarding the suitability of the development proposal for this property and area. Following discussions with Planning staff, the applicant agreed to withdraw the application and request that Common Council not hold the Public Hearing. It is the intent that North Star will meet with Planning Staff and also the concerned neighbours in the immediate area of the subject property to discuss the concerns by both parties of the original development proposal. It is anticipated the applicant 171 Report to Common Council Page 2 March 11, 2009 would then consider changing/amending their project and submit another application to the Planning Advisory Committee and Common Council for their consideration. As mentioned earlier in this report, Council agreed to provide North Star up to 100 days to allow Real Estate staff time to negotiate an agreement on the purchase of the property and to provide the applicant time to pursue any necessary Municipal Plan/Rezoning applications for their intended project. The 100 days will terminate on March 18, 2009. It is staff's desire to continue to negotiate with North Star for the purchase of the property, give the proponent sufficient time to meet with the concerned citizens and to submit a revised proposal for Council's consideration. Therefore, staff is recommending that Council agree to deal exclusively with North Star Holdings Ltd. for a period not to extend beyond August 31, 2009, or until such time as North Star has stated in writing they are no longer interested in pursuing the subject property. RECOMMENDATION: That Common Council authorize staff to continue to negotiate a purchase price for the property at civic 41671 Sandy Point Road, being a portion of PID 4418129, along with terms and conditions for an agreement with North Star Holdings Limited exclusively for a period not to exceed August 31, 2009, or until such time as North Star Holdings Ltd. has stated in writing they are no longer interested in pursuing the aforementioned property, whichever is the sooner of the two. 2. That North Star Holdings Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel, however Common Council are not explicitly or implicitly obligated to approve any amendment to the Municipal Plan or any rezoning. That the Mayor and Common Clerk be authorized to execute any documents required to facilitate this process. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Attachment CL/c Terrence Totten, F.C.A. City Manager 172 R4atkaC O n.• 6,• ror a?a!° ° 1e,,{ (io acres March 16, 2009 Mayor Court and Common Councillors Thank you for this opportunity to present my objection to the proposed re-zoning of 1671 Sandy Point Road. Summarv I wish to object to the approval of this rezoning for the following reasons. This property is within the Rockwood Park boundary. It opens the park to commercial interests which breaks the terms under which the Saint John Horticultural Association and the Rockwood Park Advisory Board are to operate. I am questioning the legality of the sale of the property. It does not fit the criteria of the City's Vision 2015 or the city's Sustainability principles. Before a decision is made by Common Council, I request answers to the questions I have posed. I ask Common Council not only to disallow this re-zoning but also to restore the property back to parkland. Respectfully submitted Joan Pearce 352 Pelton Road Saint John, NB, E2K 51-17 March 16, 2009 506-652-1551 174 Maps show that this subject property is within the boundaries of Rockwood Park. A 1959 plan shows that this property belonged to the estate of John O'Leary. The city acquired the property in 1971. Questions: 1. How exactly did the city acquire the property? I am familiar with the adjacent property which was owned by my uncle and grandmother in the 1940's and 50's. I have a recollection that the city acquired that property with the expressed purpose to enlarge the park. I have no idea when the Peacock property was zoned residential but am wondering if the city legally could acquire property for park purposes and then in turn sell it for residential use. Why was this subject property (former O'Leary property) purchased by the city? 3. How much did they pay for it? 4. What was the intended use? In 2005 a portion of this property was sold to a neighbouring property owner, apparently to provide a buffer zone. Question: 5. What was planned for this subject property that the neighbour felt they needed a buffer zone? In 2005 and again in 2007 the City of Saint John advertised for development proposals for this site but none of the suggested development plans were accepted. Questions: 6. Who in the city is charged with making a decision on what park properties can be sold? 7. If the property in question is within the boundaries of Rockwood Park, which it apparently is, why isn't it zoned parkland or is it? 9. In that case should not the advertisement have read from "Park to RM-? High Rise multiple residential? 8. Are there any other park properties that are in this same position and can be sold at the whim of someone within the city's organization? It could be argued by the proponent that this proposed development is not likely to result in significant adverse environmental effects. I respectfully disagree. No one can know what environmental effects will affect the park area because no baseline studies have been conducted in the park. Baseline studies are carried out before construction so that environmental effects can be monitored. Stewards of the park would insist on such a study. A street was developed on the subject site when water mains were laid along Sandy Point Road. At that time a rocky hillside was demolished, a huge mess was created, vegetation around Lake Harrigan was destroyed and a lot of muddy silt ran into the lake. 175 Questions: 10. Who built the street? Why? 11. Were appropriate permits received from the Department of the Environment under the Clean Air Act and the Clean Environment Act? 12. Has the local office of the provincial Department of the Environment been asked to comment on the effects a housing development so close to a lake will be? 13. Has the city of Saint John sold this property to a developer? 14. If so, when did the sale take place? 15. How much was it sold for? It is my understanding that there are three groups of people responsible for Rockwood Park. The Saint John Horticultural Association, The Rockwood Park Advisory Board and Common Council. The Saint John Horticultural Association is comprised of members who are members by nature of being invited to become a member. Each new member must be vetted-approved by all the others to be a member. The mandate of the organization by virtue of provincial legislation is to: "....to establish gardens and a park and pleasure resort in the City of Saint John and to acquire for such purpose by gift, purchase, lease or otherwise all such lands, lakes, ponds and premises as may be deemed necessary for that purpose and to have and to hold the same to said Association, its successors and assigns forever." (Victoria, 1894, c.74 s2- Act of Parliament) I understand that the Saint John Horticultural Association conveyed lands to the City of Saint John pursuant to an Agreement between the said parties inl967 and amended in 2002 and that there are several provisions of various private statutes relating to the Association that restrict the use of the Lands. Questions: 16. Did the Saint John Horticultural Association know that this subject park property was going to be offered as a residential development site? 17. Did the Saint John Horticultural Association approve the sale of this property to a developer? 18. When did meetings take place where this issue was discussed? 19. Were minutes taken? 20. Was there a quorum? 21. If a sale for residential purposes was approved what rationale was given? Another group that makes decisions for park use is The Rockwood Park Advisory Board which was formed in 1966 when the lands held by the Saint John Horticultural Association were conveyed in a deed of conveyance to the city. When the lands were conveyed several conditions formed the agreement. This board is comprised of The Mayor as Chairman of the Board, 5 members approved by Council on recommendation of the Association and 5 members appointed by Council. Under the terms of the agreement that established this committee the chair calls meetings. Questions: 176 22. How often has this Board met since 2005? 23. Who are the present members of this Board? 24. Are the 5 recommended by the Saint John Horticultural Association already association members? 26. Are any of the 5 appointed by the Common Council members of council? 25. Did the Rockwood Park Advisory Board meet to discuss the re-zoning of this park property? 26. Was there a quorum? 27. Were minutes of the meeting kept? 28. How many members actually made the decision? The third group that makes decisions for the park is Common Council. These three groups are chartered with the responsibility to provide good stewardship of the park. Allowing a street to be constricted and a housing development on this parkland property is showing a distinct lack of stewardship of the park. My definition of stewardship is related to the environment, the concept of responsible caretaking; based on the premise that we do not own resources, but are managers and are responsible to future generations for their condition. Supporting the proposed rezoning of this property without consideration of the detriments to the park is abdicating responsibility and breaking public tryst. I expect that the greatest argument that the proponent will make is that this re-zoning will bring economic benefit to the city. It may also be argued that this property is a prime location for up-scale development. I submit that there are properties in the area that are as yet undeveloped, are prime locations and do not encroach upon the park. The city of Saint John as recently as December 15, 2008 and again in February 9, 2009 have agreed to The Integrated Community Sustainabilitv Plan and The Corporate Strategic Plan which emphasizes sustainability in everything the city does. From Page 24 of The Integrated Community Su stainability Plan, here are some of the listed principles: • Principle 4. Respect Saint John's natural ecosystems by acting as a custodian for the biodiversity and natural ecosystems of Saint John and protecting and restoring them. There are small streams leading into the lakes of the park. A housing development on the edge of Lake Harrigan is not, in my opinion, respecting the ecosystem. • Principle 5. Model the development of Saint John on the characteristics of natural systems. • Principle 6. Strive to minimize Saint John's ecological footprint. Already industry and commercial interests that destroy wetlands are obligated by legislation to restore a wetland in another part of the city. Why destroy the wetland in the first place? • Principle 7. Establish a systematic process of continual improvement, based on action-planning, accountability, transparency and good governance. The sale and 177 proposed change in use of this property defies planning principles, indicates little accountability and very little transparency. Apparently the city has a Master Plan for Rockwood Park. How does the development of this property adhere to the Master Plan? Sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It means integrating the environment with the economy, it means protecting ecosystems, it takes into account the environmental and natural resource costs of different economic options and the economic costs of different environmental and natural resource options, it means preventing any kind of pollution and it shows respect for nature and the needs of future generations. In my opinion rezoning this park property will not follow the Principles of Sustainability that this Common Council has agreed to follow. Rezoning this property betrays a public trust to preserve park property from commercial use. I ask Common Council not only to disallow this re-zoning but also to restore the property back to parkland. Respectfully submitted Joan Pearce 352 Pelton Road Saint John, NB, E2K 51-17 March 16, 2009 506-652-1551 178 PAGE 07/'0 Applica at Related Information I Renseignements sur- Kc demaodeur Nam of Apphrznt I Nom dim der zr a, r' _ OS4q A 01 ibug Address of appliraur J Addrcsse postale du de e--ar 45 L q4 4col 'Y " 74 Home / Domicile OA- Fax Number { Num6ro de telccopieur 4-7 -1 , Name of Prm=m Owper (if diffarent) I Nam du propri&aiire (si di$' j cd,h4fl F~ (U///~Ckk AA~ Addr=fAdnme".J'C 6%,o !vbU'r r 179 ti~,~ Dal e 0011 Postal Cak / Code postal z 080111/2008 13: 55 1 PLANNING AND DEVELOP PAGE 08/08' Development Proposal l Proposition d'amia ngenvent Dc iptiaa of PmpQSal I Desaipdoan de la proposidon ( mac e, v5 a/ i ct r it r or You must provide a scaled site plan Mar illustrates your proposal You may also provide photogra k bvzIding plans, elea"=.on drawings and any other form of informcu7iam Vie plena must show the dimensions of the prbperry. the bcavon of all buid&,rags, driveways, parking areas, la nz&vc frig cmd siVw, It is tnap Pt arnt that the distance between ibee property b oundwy and buildings are shawn. Cs~v! oQ(co~ &W o "r..t~p Wous devez fnurnir vn plan du site ck 1'tchefie illustrunr uotre propont on, Youspouvez igakmenf fournir des photagraphies, des plans de W men(, des deswns de plan a"LlAtion et roaete a by forme de renseign,ement Le plan chit indigaaer les dimensions de in propraim, l'emplacemztrt de la totalIM des b6timents, des acmes, des titres de stratianraement, des aaati naagerraeants paysagers et despanneaur de sigrnalisation, 17 est impcrlarrt d"indiquer la distance eurre le-s limites de la proprMM er les hfrtimems Pmvide reasons why t should be approved.. / Fournw toast au rn=gn=kevt coaac mMat votre pwPo6tion qud l t We apprMw6es. conceTo= Provide my other information atom yaw pwposal that would be belpfa L ! Fo nm tent awe te=igueanmeut votre pra~sitioaa aiaei, pautxait ~ r.~ullc. See eA ck>44 Sipnat» m of Applicant ! Sipature du &i=&-a Kati dL tf.t/ 5400 Application Fee F losed l G'-joixd [es frais de demadc do 400 $ 1f yvu are not the r, wer of the kvd in question Si vaus rr'etes,pas le propriitairae du terrain en gauresnYon, pleease have the owner sign below, Me signature of v,eraillez obtetnlr la signature d v proprigraire daps to pantie the timer is rruzhmizzng this aappliccrUon to prat eed ckkssovs. La signahov dv p vprihtaire autorascarnt le for mnsider'atirrn by Common Council tratrenrcnt de tcrpr6wnte demranaTe pour que vane der ni6re soit exctrrairahe par le Conseil communal. SigaraataoQ>e of Owner (if applicable) Sim dace p ig (s'il y a lieu) 180 Date: DONALD I. CULLINANLAW OFFICES 56 Canterbury Street Saint John, N.B. EM 2C5 January 8, 2009 City of Saint John Planning & Development Saint John, N.B. Attention: Patrick Foran Tel: (506) 642-1234 Fax: (506) 642-1236 E:mail: culltpr q; bxa f Bff '"1, 4 r JAN t Re: Re-Zoning Application,4fN Loch Lomond Road, PID 3139234 ~ 1~:: Dear Sir: Further to the above application I am seeking to have the property, which is currently vacant land, re-zoned to allow for the construction of building a new professional building for my law office. I am a lawyer practising in Saint John for the last 11 years and my office presently consists of 2 employees and operates from approximately 8:30 am to 5:00 pm Mondays to Fridays with virtually no activity weekday evenings nor weekends; I envision my hours of operation at my new office remaining the same. I estimate that on average I would have 2 clients per day during those hours and other than daily mail delivery there would only be the occasional delivery for stationary which would be perhaps twice a month. As shown in the drawing accompanying the application, the building that I am looking to build will be that of very high duality bungalow type with paving and landscaping completed immediately after the construction ends. I am confident that my building will only add to the value of the properties in the immediate neighbourhood. for your time. 181 , /11 ,Ip # 313924 A2 FT~ p,REA i tTSGAPEt AREA PAVED PARKING d. P~p6 !t1 WN.lM7P`Y ,ogT U)IP -Y 390 +f- 6o FT- cep City of Saint John INT NAIL INSERTION ORDER For City of Saint John use only: Budget Number: 1100801 4422010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Reference: 1186 Loch Lomond Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) - sJ"I'J City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): February 17, 2009 March 10, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: [u General Notice Tender F-1 Proposal 19 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gonuley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 184 PROPOSED ZONING BY-LAW AMENDMENT RE: 1186 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, March 16, 2009 at 7:00 p.m., by: Rezoning a parcel of land located at 1186 Loch Lomond Road, having an area of approximately 2,740 square metres, also identified as PID No. 00313924, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business, as illustrated below: [INSERT MAP] REASON FOR CHANGE: To permit the establishment of a business office. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658--2862 PROJET DE MODIFICATION DE L'ARRETIJ SUR LE ZONAGE OBJET: 1186, CHEMIN LOCH LOMOND Avis public est donne, par la presente, que le conseil communal de The City of Saint John a Pintention d'Rudier la modification suivante de Parretti sur le zonage de The City of Saint Jahn, au cours de la reunion ordinaire du conseil prevue le lundi 16 wars 2009 a 19 h dans la salle du conseil: Rezonage dune parcelle de terrain dune superficie approximative de 2740 metres carres, situee au 1186, cheinin Loch Lomond, et identifiee sous Ie NIT) 00313924, de zone residentielle de banlieue - habitations unifamiliales et bifamiliales <<RS- 2» a zone commerciale generale << B-2 comme le montre la carte ci-dessous : [INSERT R LA CARTE] RAISON DE LA MODIFICATION: Pernnettre Pamenagenient d'un bureau d'affaires Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou an bureau de l'urbanisme et du developpernent a I'Mtel de ville au 15, Market Square, Saint John, N.-B., entre 8 b 30 et 16 h 30 du lundi au vendredi, sauf les jours ferias. VeuiIlez faire parvenir vos objections an projet de modification par ecrit a I'attention du soussigne a I'hotel de ville. Elizabeth Gormley, Greffiere communale 658-2862. 185 f - / t f lf, ,r ~(t F J✓~ / ~ ^`r ~ l r ti k ~,~vl. `e PUBLIC NOTICE Public Noticc is hereby given that the Common Council ol` 1'he C ily of Saint John intends to con: dcr amending The City of Saint John Zoning By-law al its regular meeting to be held in the Council C:hanibci, on Monday, March 16, 2009 at 7:00 p,m., by: Rezoning a parcel of land located at 11,96 Loch Lomond Road. having an area of approximalch, 2.740 square metres, also identified as PID No. 00313924, from "RS-2" One and Two Family Suburban Residential to "B•2" General Business, as illustrated belo`v to. REASON FOR CHANGE: To permit the establishment of a business office. Thu proposed amcndimm neat be inspected by any mteresled person at the office of the Common Ucrk. of to the office of Plannmg and Development. City hall. 15 Nhoket Square. Saint John. N.B. bclwecii the hours of 8.30 a.m, and 430 p.m... Monday through Friday. 1neh1SiVL. holidays caceptad. 41'iatlen objections to the amendment may be sent to the undersigned at City Hall Elizabeth Gormley. Common Clerk 658-2862 AVIS PUBLIC Avis public est donne, par 1a pi6senle, que le conseil communal de The City of Saint John a 1'intention d'titudier la modification suivante de 1'arrc1e sur le :nonage de The City o1' Sainl John, au tours do la reunion ordinairc du conscil picvuc lc hindi 16 mars 2009 a 19 h dans la Salle du conseil: Rezonage d'unc paicelle de tee'rain dune supeifcie approximative de 2740 metres \ carr& sitUac an 1186. chemin Loch Lomond, et idenlifiec sous It NID 00313924, de zone risidemiclle de banlieuc - habitations unifamiliales et bifainiliales «RS-2i> ii zone commereiale giukrale v B-2 comme le inontie la carte ci- dessous RAISON DE LA MODIFICATION. Permettre haminagement d'un bureau d'aflaires Toute personnc interessce pent examiner It pmget de modification au bureau du greffier communal on an bureau de l'urbanisme c1 du developpenient.a 116tel de ville an 15, Market Square. Saint John, N.-8... entre 8 It 30 et 16 If 30 du lunch an vendredi. sauf Ies joursfenes. Veuillez fairc° parvenir ves obections an prolet de modification par ecrit a ('attention du soussign6 a 116tel de vilie. Elizabeth Gormley, Greffiere communale 658-2862 31 187 BY-LAW NUMBER C,P.110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 1186 Loch Lomond Road, having an area of approximately 2,740 square metres, also identified as PID number 00313924, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business, - all as shown on the plan attached hereto and forming part of this by-law, IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2009 and signed by: Mayor/Mairc ARRtTE No C.P.110- ARRETE MODIFIANT L,ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d"une reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit : L°arrdtd sur le zonage de The City of Saint John, delcrdtd le dix-neuf (19) ddcembre 2005, est modifid par : 1 La modification de Vannexe «A», Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain dune superficie approximative de 2740 moires carrels, situele an 1186, chemin Loch Lomond, et identifiele sous le NID 00313924, de zone rdsidentielle de banlieue - habitations unifamiliales et bifamiliales «RS-2» a zone commerciale gdndrale <(B-2 - toutes les modifications sont indiqudes sur le plan ci joint et font pantie du prelsent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son secau communal sur le prdsent arretd le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 188 March 11, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 1186 Loch Lomond Road On February 2, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 10, 2009 meeting. The applicant, Mr. Donald Cullinan, appeared to speak in support of the application and noted that he had no issues with the staff recommendation as set out in the attached report. Mr. Cullinan pointed out that he sent registered letters to the neighbouring property owners in advance of his application and felt that his dealings with them had been positive. He also pointed out that the proposed building for the law office would be a small, well-built bungalow, and that his business is low-intensity and quiet so it would not detract from the neighbourhood. Mr. Bob Landry, the applicant's contractor and designer, appeared to speak in support of the application. Mr. Landry also pointed out that the proposed building had been designed to resemble a residential dwelling, and that would it suit the neighbourhood. Mr. Landry also noted that the proposed law office would be a quiet use, as there are only three employees and few clients would visit the site each day. Ms. Wendy Maber, owner of Galbraith Florists at 1210 Loch Lomond Road, also spoke in support of the application. She pointed out that more and more businesses will likely be relocating to this area and that although the neighbours keep complaining, she sees no issues with this proposal. Mr. Gary Forgey, of 1204 Loch Lomond Road, appeared to speak in opposition to the application. Mr. Forgey pointed out that this is the fourth rezoning application for this area in recent years, and that although the Planning Advisory Committee and staff recommended denial of the strip-mall at 1210 Loch Lomond Road and the autobody shop and car sales lot at 1265 Loch Lomond Road, these applications were approved by Common Council. He also pointed out that there is vacant commercially-designated land available along Commercial Drive, and that he feels businesses belong in business centres, not in residential neighbourhoods such as this one. Two letters of opposition were also received by the Committee and are attached. 189 Plaiming Advisory Committee March 13, 2009 Page 2 After considering the attached report and presentations by the applicant and those in favour of and opposed to the application, the Committee made a motion to adopt staff recommendation. The Committee was split three-three on the vote for this motion and the motion failed. As a result of the failure of the motion to recommend approval of the proposed rezoning (as recommended by staff), the recommendation of the Committee is that the application be denied. RECOMMENDATION: That the application to rezone the property at 1186 Loch Lomond Road from "RS-2" One and Two Family Suburban Residential to "B-2" General Business be denied. Respectfully submitted, Bernie Regenbogen Third Executive Member SKH Attachments Project No. 09-043 190 DATE: MARCH 6, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 10, 2009 -A YYNIC Holly McMackin Planner - Dillon Consulting Ltd. SUBJECT Name of Applicant: Donald Cullinan Name of Owner: Donald Cullinan and Tammy Moore Location: 1186 Loch Lomond Road PID: 00313924 Municipal Plan: Low Density Residential Zoning: Existing "RS-2" One and Two Family Suburban Residential Proposed: "B-1" Local Business Proposal: Construct a one-story professional building Type of Application: Rezoning 191 Rezoning Page 2 1186 Loch Lomond Road March 6, 2(_)(_)9 JURISDICTION OF COMMITTEE: The Conn mitt, Pla»»ing 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, March 16, 2008. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land located at 1186 Loch Lomond Road, having an area of approximately 0.64 acres, also identified as PID No.00313924, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business. 2. That pursuant to the provisions of Section 39 of the CorTZrTm»itt, Pla»»ing Act, the use and development of a parcel of land located at 1186 Loch Lomond Road, also identified as PID No.00313924, be subject to the following conditions: a. The use of the site be limited to a law office, b. On site sewage disposal be provided to the satisfaction of the New Brunswick Department of Health and that evidence of the necessary approvals be provided prior to the issuance of a building permit, c. The development be connected to municipal sanitary sewer when this service becomes available to the development, d. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, strictures, water transmission mains and easements, parking areas, vehicular manoeuvring areas, driveways, signs, landscaping and other site features, e. The developer must locate the City water transmission mains prior to site plan approval and ensure no strictures are placed over-top of the transmission mains or within the easements, f. Any pavement, driveways or parking areas over the limits of the transmission mains are to be engineered and drawings must be submitted to the City for review. Any additional weight (including asphalt, gravel, heavy equipment, etc.) proposed to be placed over top of the transmissions mains must be engineered to verify that the water mains can withstand the additional loadings; 192 Rezoning Page 3 1186 Loch Lomond Road March 6, 2(_)(_)9 g. Development of the site be in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, h. The development must have a City approved water meter installed. i. All parking areas shall be located behind the building, All parking areas, vehicular manoeuvring areas, and driveways be in accordance with a detailed plan and the requirements of the Zoning By-law, and be paved with asphalt and enclosed with cast-in-place concrete curbs to facilitate proper site drainage and to protect landscaping, lc. All parking areas be screened from adjacent residential properties by a board-on- board privacy fence, shown on the detailed site plan and subject to the approval of the Development Officer, Approved site plans be attached to any building permit application for the development, in. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and elevation plans be completed within one (1) year from the issuance of a building permit for the development, n. Signage be in accordance with the requirements of the Zoning By-law and be subject to the approval of the Development Officer, and o. No mobile signage be permitted on the site. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning application: All businesses must have a City approved water meter installed, There are 3 existing major water transmission mains through this parcel and the City has a right-of-way to such. Absolutely nothin<u is to be built overtop of these major transmission mains, the applicant's contractor must have these water mains located prior to construction to determine locations of such and ensure the building footprint is not over-top of the transmission mains or within the easements. Paving or parking over the limits of the water transmission mains is to be engineered and drawings submitted to the City for review. If additional weight (including asphalt, gravel, heavy equipment, etc.) is being proposed to be placed over top of the transmissions mains, this must be engineered to verify that the water mains can withstand the additional loadings. 193 Rezoning 1186 Loch Lomond Road Page 4 March 6, 2(_)(_)9 The width of the proposed driveway has not been included with the submission. As well, the proposed driveway at Loch Lomond Rd appears to be in close proximity to an existing utility pole - this may be a conflict for location, sight, etc. The applicant may wish to reconsider relocating the driveway to the eastern end of the lot. Any constriction of a new driveway that alters the existing curb and sidewalk is to be the responsibility of the applicant to reinstate to the City's satisfaction. A dropped concrete sidewalk will be required for the driveway and this shall be the applicant's responsibility to install. • There is no municipal sewer in the area. The nearest sanitary sewer is approximately 250 metres from the subject property. • All applicable permits from the City must be applied for and received prior to constriction. Building and Technical Services indicates there are no Building Code issues with this application at this time. NB Department of Public Health and Wellness indicates that this proposal will require a typical application for on-site sewage disposal. ANALYSIS: Site and Neighbourhood The subject site is an undeveloped lot located on Loch Lomond Road between Hickey Road and Bon Accord Drive in East Saint John (Figure 1). The 2,601 square metre (0.64 acre) site has approximately 23 metres (75 feet) of frontage on Loch Lomond Road. The property backs onto Little River. Existing single family dwellings are located on either side of the subject site. This portion of Loch Lomond Road is designated as an arterial street and serves as a link between the eastern area of the City and the Uptown, as well as a route to the McAllister/Westmorland regional shopping area. Many nearby properties are single family homes, however, there is a designated District Centre commercial area approximately 40 metres (130 feet) west of the subject site at the intersection of Loch Lomond and Hickey Road containing a variety of commercial, service and light industrial uses. As well, a long-standing gas station and convenience store is located near the subject site, on the other side of Loch Lomond Road. Recent amendments to the Zoning By-law and Municipal Plan have permitted the development of a small strip mall and an auto body repair shop and car sales lot to the east of the subject site. Development Proposal The applicant proposes to constrict a one-storey professional building to house a law office (Figures 2 and 3). Two employees will work at the office, which will operate between 8:30 am to 5:00 pm. The applicant expects that on average, 2 clients per day will visit the office, in addition to daily mail delivery and bi-weekly stationary deliveries. The proposed building will be set back 18.2 metres (60 feet) from Loch Lomond Road, 3.7 metres (12 feet) from the eastern property line and 5.9 metres (12.5 feet) from the western property line. There will be 85 metres (280 feet) 194 Rezoning Page 5 1186 Loch Lomond Road March 6, 2(_)(_)9 between the building and the rear property line. As shown in Figure 3, the development will have 8 parking spaces in two paved parking areas: 3 spaces in the front parking area and 5 spaces in the rear parking area. 4 parking spaces are required for an office development of this size. Zoning By-Law and Municipal Plan Direction The proposal meets all requirements of the `13-2" General Business zone, except for the landscaped area on the western edge of the property, which is proposed to be 1.5 metres (5 feet) wide. A 23 metres landscaped side yard is required by the zoning by-law, as the proposed business office will be adjacent to a residential property. The applicant has indicated he is willing to relocate the building and driveway to accommodate the required side yard. The applicant is requesting that the zoning for the subject property be changed from "RS-2" One and Two Family Suburban Residential to "13-2" General Business to permit the constriction of a one- storey professional building. The proposed amendment to the Zoning By-law would not require a change to the existing Loir De»siti Residewial designation in the Municipal Plan as the Plan permits commercial development in residential areas where the floor area is less than 1,000 square metres (11,000 square feet) in area, the use is located on an arterial or collector street, and the development is compatible with the surrounding residential neighbourhood. Considerations Although the proposed development is permitted in the Loir Derasiti, Residential area, the requested rezoning will result in the continued dispersion of commercial uses along Loch Lomond Road, producing a "strip commercial" appearance. Dispersed "strip" commercial development can increase traffic levels. Additionally, multiple accesses located close to one another without proper traffic controls disrupt the safe flow of traffic. In this location commercial traffic is already generated by several businesses in close proximity to each other, including the Loch Lomond/Hickey Road development, the gas station and convenience store, the strip mall and the auto body shop and used car lot. The close proximity of commercial and residential development in a low density residential area has the likelihood to impact adjacent residents. The commercialization of residential areas also impacts the development of designated commercial nodes and weakens their viability. With the increased dispersion of small commercial developments it also becomes less likely that the area will develop residentially as intended by the Municipal Plan and the existing land use designation. Although Municipal Plan policies are intended to direct the majority of commercial development into District Centres, commercial development has spread along Loch Lomond Road to the east of the District Centre (Figure 4). Examples include two recently rezoned properties, the strip mall rezoned in 2006 and the auto body shop rezoned in 2007. Within the District Centre, a strip mall is currently under constriction, consuming the last piece of designated commercial land in the area. Given the location of the subject property on an arterial street, near an established District Centre and several recent commercial developments, staff believe that the transition of this area 195 Rezoning Page 6 1186 Loch Lomond Road March 6, 2(_)(_)9 from low density residential use to commercial use is well underway. The size and style of the proposed building are compatible with surrounding residential uses, however the parking area in front of the building is not compatible. All parking should be relocated to the rear of the building, both for aesthetic reasons and to avoid potential conflict with the water transmission mains which Municipal Engineering has indicated cross this property parallel to Loch Lomond Road. As noted above this development only requires 4 parking spaces, giving the applicant the flexibility to remove some parking spaces and still meet the bylaw requirements. It should be noted that the context in which the proposed rezoning of the subject property is being considered is very similar to three other rezoning applications recently considered by the Committee: 1198 Loch Lomond Road, Golden Grove Road and 461 Millidge Avenue. In each case, the subject property was located in an area that was primarily residential at one time but has gradually become more commercial in nature as various rezoning applications have been approved to facilitate commercial development. In each of these recent cases, staff reached the conclusion that a critical mass of commercial development existed in the immediate vicinity of the subject property and the remaining residential development was not likely to be sustainable in the long term. The subject property does not have municipal sewer service. Municipal engineering has indicated the nearest sanitary sewer is approximately 250 metres from the subject site. An on-site septic system is generally inappropriate for most commercial development, however, given the low intensity of the proposed use, and the distance to services, on-site servicing can be supported as a temporary measure. The applicant must receive all permits for an on-site disposal system from the provincial Department of Health prior to the issuance of a building permit. When services become available to this property the applicant must connect this development to the municipal sanitary sewer system. CONCLUSION: Staff maintains that uncontrolled "strip commercial" development is generally inappropriate for the planning reasons discussed above. Staff recommended denying the rezonings of the strip mall at 1210 Loch Lomond Road and the auto body shop at 1265 Loch Lomond Road. This type of development was inappropriate at the time, however, given previous approvals there is now a critical mass of commercial uses in this area. It is difficult for staff to argue against an additional commercial use, especially as the proposed use, a lawyer's office with two employees, is far less intense than previously approved commercial uses on Loch Lomond Road. This proposal is quite small in scale, is compatible with this area of Loch Lomond Road and there is no longer any other vacant land in the Loch Lomond/ Hickey Road District Centre to accommodate additional commercial developments. This proposal can be supported, subject to appropriate Section 39 conditions. DILLON Project No. 09-043 196 Rezoning Page 7 1186 Loch Lomond Road March 6, 2(_1(_19 PLANNING AND Dr=VELOPMENT)URB ANI ME ET 13LIEL PPEMENT V/ i t 1 Ti . . B- .2 R S- 2 Slit; Subaeet Ite ite an question; PID(s)1NIP(s). 00313-924 Location: 1186 chcalrlin Loch Lomond Road Date: February 11 : 2009 ~t calelechelle: Not to scalelPas a f~-Chelle Figure 1. Location of 1186 Loch Lomond Road. 197 Rezoning 1186 Loch Lomond Road a i m. o11 i i i A Figure 2. Front rendering of proposed law office. Page 8 March 6, 2(_)(_)9 198 Rezoning 1186 Loch Lomond Road EID # 31X924 PAVED 12 FT. I kNDSCAPED PARKING AREA _ 280 FT. REAR ENTRANCE Page 9 March 6, 2(_)(_)9 ;I i 15 FT. I-AN DSCAPED AREA 12 FT. BULDING:1 19 FT 06 _ 44 FT ` IN. FT- Ir ILI, 4Wlai FRONT : - - ENTRANCE 60 FT. +1 - I 390 FT. 75 FT. +r~ - LOCH LC-INa RD. Figure 3. Proposed site plan for 1186 Loch Lomond Road. 199 Rezoning 1186 Loch Lomond Road Page 10 March 6, 2(_)(_)9 I . ^ A 4 1 II are ~ ~ ~ ~ ~ rv^~r 4.4 II v I ~h. t G~~4, u~'W, ° II N.,. h ° IMF • ° w ki, " u ° I ry ° h v a V Ir Nk I " V, ^ JJI 4 °uD i ° R J Figure 4. C'onnnerc ial areas and recent re-zonings near the Loch Lomond/Hickey Road District Centre. 200 Rezoning 1186 Loch Lomond Road Page 11 March 6, 2009 I yl~ I ~ ' I, , IIX ul~,ll, V Figure 6. 1186 Loch Lomond Road. 201 Page 1 of 2 Herring, Sarah From: Chown, Jeanne Sent: Tuesday, March 10, 2009 9:08 AM To: 'rnaxfred@nbnet.nb,ca; Herring, Sarah Cc: Taylor, Jonathan Subject: FW: Rezoning Attachments: newimage.jpg Dear Fred and Maxine Chamberlain; Your letter has been received and will be forwarded to the Public Advisory Committee to consider in their report to council. The first public hearing will be. March 16'h, 2009. Jeanne Beltrandi Chown Administrative Assistant Common Clerk's Office, City of Saint John 658-4079 From: maxine [mailto:maxfred@nbnet.nb.ca1 Sent: Monday, March 09, 2009 8:11 PM To: External - CommonClerk Cc: maxfred@nbnet.nb.ca Subject: Rezoning IWe am not sure if we are Emailing the right department. We am writing because we have concerns about a building that a lawyer wants to build next door to us . Our address is 1180 Loch Lornond Road. We don't agree that he should be able to build a office, There was a house 2 doors down which was bought with the purpose of opening a bridal shop and it was rejected. Common council for this proposal is march 16th and we just wanted them to know that we are strongly opposed to this plan. Thank you for taking the time to read our letter. If we send this letter to the wrong department please let me know so we may send it off to the right department. Fred and Maxine Chamberlain 3/11/2009 202 Lockhart, Lynda From, External - Planning Sent: Friday, March 06, 2009 8:37 AM To: Lockhart, Lynda Subject: FW: rezoning 1180 Loch Lomond Road From: CONNIE HANSON [mailto:ronconi@rogers-com] Sent: Thursday, March 05, 2009 10:15 PM To: External - Planning Subject: re: rezoning 1180 Loch Lomond Road Planning and Advisory Committee Without Prejudice Rezoning Property Located at 1180 Loch Lomond Road Please be advised that the property in question is located right next door to our home. It seems that we are constantly having to fight to keep businesses from locating in our area. Six months ago it was the property on the otherside of us and now it is the empty lot right next door that they want to rezone to allow a Lawyer's Office. This building will be so close to our house that it will be almost touching. This lot is way to narrow for such a set up. There is also have a drainage problem with that land next door. Please do not allow anymore businesses to locate in our area, we have had more than our share of having to fight every few months to try and keep businesses from locating literally in our backyards. I would like to thank Council for not allowing them to turn the house on the otherside of us into a businesses. Wouldn't that have been nice, we would have been sandwiched between two businesses. Our previous neighbor got so tired of fighting all the time to keep businesses away from us that he actually sold his home and moved. . This was a residential area when we moved here and within the last few years our neighborhood has been overrun with commercialism. It is so totally unfair that we have to go through this all the time, to watch our once residential neighborhood turn into an Industrial Park. We are asking that the Mayor, Deputy Mayor, Councillors and the Planning and Advisory Committee not allow anymore businesses in this area. If they want to build a business building then buy a commercial lot and build it. Do not buy a small narrow piece of land located between two private homes to locate your business. We are the ones that live here 2417, not the owner of the business, not the Mayor, not the Deputy Mayor, not the Councillors and not anyone on the Planning and Advisory Commitee so please think how you would feel if every six months or so you had to fight to keep businesses from locating literally right in your backyard. Thank you Ronnie and Connie Hanson 1190 Loch Lomond Road Saint John NB 203 E2J 1Z6 696-2384 roncon1 CcDrooers.com Please make sure that the Mayor, Deputy Mayor and all Councillors get copy of this email. Thank you. 204 PUBLIC NOTICE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-lain Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to he held on Monday, March 16, 2009 at 7:00 p.m. to stop up and close the following highway HOSPITAL STREET: 'That 15.24 metre (50 Pool) wide public street in the City of Saint John. County of Saint John and Province of New Brunswick called Hospital Street, from the western sideline of Waterloo Street in a weAwardly direction a distance of 48.77 metres (160 feed more or less to its western termination maintaining the breadth of 15,24 metres (50 ltct) throughout, comprising 743 square metres (7,997.3 square feet) more or less and shown on a Plan of Survey Uwg. No S0662613 surveyed Julv 29. 2008 certified correct by Hughes Surveys &Consultants Inc. and attached hereto. NVtitten objections to the proposed amendment may be :sent to the undersigned at. City Hall. The proposed amendment and plan 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.R. between the hours of 8 30 a.m, and 4:30 par. Monday to Friday inclusive, hclidays excepted. AIS PUBLIC par les presentes. un avis piiblic est donne par lequel le consul communal de The City of Saint John milique son intention de modifier 1'o arrite concemant la fermeture de routes dams The City of Saint John rr lots de la reunion ordinaire qui se liendra le lundi 16 mars 2009 a 14 h afin de fernier et de harrer la route suivante: RUE. HOSPITAL: Que la route publique dune largeur de 15,24 metres (50 peels) arpentee le 29 juillut 2008, situee dams The Citv of'Saint John. Bans le cointe do Saint John et dans fir province du Nouveau-Brunswick. appelee ruc Hospital. A partir de la limite laterale ouest de la ruc Waterloo en direction CUM SUr une distance approximativc de 45.77 metres (160 pieds) jusqu'a, son extremite guest, en conservant tout au long Sa largeur tie 15,24 metres (50 pieds), atyant une supenccie d'cnviron 743 metres carres (7 997.8 pieds earns) et dArmice sur le plan d'arpenlagc dessm no 50662613joinl aux preseutcs certifie conforme par Hugues Surveys & Consultants Inc Tonle personne inleressec peat examiner le projet do modification et le plan de la route &crit ci-dessus an bureau du greffier communal a I'liutel de ville an 15. Market Square. Saint .John. N.-B., entre 8 h 50 el 16 h 30 du lundi au vendredi, sauf les fours lens. Written objections to the proposed amendment may Vcuillez faire part cle vos objections au projcl do he sent to the undersigned at City Hall_ modification par ecrit it I'attcntion du soussigne a 1'hcitel de ville. F 1 M 205 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 ARRETE MODIFIANT M-23 ARRM MODIFIANT L'ARRETE SUP, L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANE THE CITY OF SAINT JOHN Be it enacted by the Common Council of the Lors d'une reunion du conscil communal, The City of Saint John as follows: City of Saint John a decrete ce qui suit : 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 19`h day of December, A.D., 2005, is hereby amended by adding thereto Section 201 immediately after Section 200 thereof, as follows: I Par les presentes, Farr&6 de The City of Saint John intitule, << L'arr&6 sur Finterruption de la circulation ct la fermeture des routes dans The City of Saint John deorete le 19 decembre 2005, est modifie par 1'ajout de Particle 201 immediatement apres Particle 200, comme suit : 201 The City of Saint John does hereby stop up and close permanently the following portion of highway: HOSPITAL STREET: That 15.24 metre (50 foot) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick called Hospital Street, from the western sideline of Waterloo Street in a westwardly direction a distance of 48.77 metres (160 feet) more or less to its western termination maintaining the breadth of 15.24 metres (50 feet) throughout, comprising 743 square metres (7,997.8 square feet) more or less and shown on a Plan of Survey Dwg. No. S06626B surveyed July 29, 2008 certified correct by Hughes Surveys & Consultants Inc. IN WITNESS WHEROF 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 201 Par 1es presentes, The City of Saint John barre et ferme de fagon permanente la portion dune route suivante : RUE HOSPITAL: Que la route publique d'une largeur de 15,24 metres (50 pieds) arpentee le 29 juillet 2008, situee Bans The City of Saint John, dans le comte de Saint John et Bans la province du Nouveau-Brunswick, appelec rue Hospital, a partir de la limite laterale ouest de la rue Waterloo en direction ouest sur une distance approximative de 48,77 metres (160 pieds) jusqu'a son extr6mite ouest, en conservant tout an long sa largeur de 15,24 metres (50 pieds), ayant une superficie d'environ 743 metres carres (7 997,8 pieds carres) et delimite'e sur le plan d'arpentage dessin no S06626B certitie conforme par Hughes Surveys & Consultants Inc. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisiemc lecture 206 5 T ow-,Ow mm a& p yIS Lo t 1 l Rf F"-fie F4Ef3t8113f - - • r -•t~i N f f ~..-rv~aua aitiRilfal t. t. a IL as. Pfww%F "*A* pas jw lom3w se~t Pat T PW" IV S n 7. ` 1 1. 1 l _ t}tom ~ - a} r - - t rst . 41t- r_ 3 ftd - T` A. - - !16 ~J- Est - em L, L- 7'S n c .a I.t € 6 U PmQmt I _ - f:~.1 ,:7 Y'..•. 7L_1.r - f'- :177 X t c ~ z1 f , .r r Saht r r ^n y C_ a ICMW MAW 97 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de Pentente relative a Particle 39 Applicant Related Information / Renseignements sur Ie~demandeur Name of Applicant / Nom du demandeur ~ 1,A4 S'c',4 ``I & • ri 1 R r> r? LL T 1 a Mailing Address of Applicant/ Adresse postale du demandeur JO L_17 _ / z-:,5 % 1-5-1 f "O "V - /3 Postal Code / Code postal E 5%r Telephone Number I Numdro de tdldphone: Home / Domicile _?3 3 ~ 4R" 3 7 Work / travail 7? 3 3 65"S-,3-7 Fax Number I Numdro de tdldcopieur Name of Property Owner (if different) i Nom du propridtaire (si diffdrent) Postal Code / Code postal Existing Resolution / Rksolution actuelle Date of Resolution to be Amended / Date de la rdsolution A modifier 5 ~ l~ 'j Location / Emplacement 0 !1 co`, It tl Civic No. / No de voirie Street / Rue I PID I NIP Applicant's Interest in Property / Intdrdt de demandeurs dan la propridtd 0-4cJ 1-j -7 What is your Proposal? 1 En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin enticrement cotd illustrant votre proposition. (Ddcrire la proposition en ddtail) -Try 13.~L_! b 5 -SCIto n-W f--t/-,k/ -C 0- A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John. Ci joint des frais de 300 $ sous forme de chdque ou de mandat-poste libelldi 1'ordre de The City of Saint John. Signature of Applicant I Signature du demandeur____4p fl s hV, • Lz-~ Date Signature of the owner must be included, / Lasignature due proprietaire doit rinClfM Signature of Owner (if applicable) / signature du propridtaire (s'il y, y lieu)j jI/~~„ I` ` l Date d 208 ~cl~ 1 ~ a\ M '°a \ o % \ a , y~ ryDi p, \ +S` 16 O's te) to \Qa~ PROPOSED SECTION 39 AMENDMENT RE: 91 OCEAN DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, March 16, 2009 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the November 19, 1973 rezoning of the property located at 91 Ocean Drive, also identified as PID number 55195333, as modified by a resolution dated February 2, 1998, to permit a revised proposal. (INSERT MAP) REASON FOR CHANGE: To permit a reduced front yard setback. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE UARTICLE 39 OBJET : 91, PROMENADE OCEAN Par les pr6sentes, un avis public est donne par sequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la rdunion ordinaire qui se tiendra dans la salle du conseil le lundi 16 mars 2009 A 19 h en apportant les modifications suivantes : Modification des conditions imposdes en vertu de Particle 39, le 19 novembre 1973, relativement au rezonage de la propri6t6 situee au 91, promenade Ocean et portant le NID 55195333, tel que modifi6 le 2 fdvrier, 1998, pour permettre la pr6sentation d'une proposition rdvisde. (INSERER LA CARTE) RAISON DE LA MODIFICATION : Permettre une reduction de la cour avant. Toute personne int6ress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau de I'urbanisme et du ddveloppement a Ph6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdri6s. Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du soussign6 a I'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 210 ~S~l~ ~i:.... T ~t ..ti f + `Y / h tF'~~~ ~ T r ~ r City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206' . m........................................................................... Contact: Elizabeth Gormley , Phone: (506) 658-2862 Fax: (506 674-4214 .....1 Special Instructions (if any): Reference: Proposed Section 39 Amendment- 91 Ocean Drive Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday February 17`h, 2009 And Tuesday March 10`h, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erklGreffiere communale Contact: Telephone: (506) 658-2862 212 PUBLIC NOTICE Public Notice is hereby given thaw the Common Council of The City of Sant John intends to consider a propaml at its regular meeting to be held in the Council C h amber on 49onday. \Jarch 16, 2004 at 7:00 p.m., by: Amending the Section 34 conditions unposed on the Noticmhcr 14, 1973 rezoning of the property located at ')I Ocean Dove, also identified as P1D number 55195333, as mixh6ed by a resolution dated February 2, 1998, to permit a revised pruposal. AVIS PUBLIC REASON FOR CHANGE. RAISON DF. LA To permit a reduced front 'MODIFICATION card setback t Permettre une reduction de vard setback The proposed amendment ~0 Toute personne imeressce may be inspected by any eao pew examiner la modification ~ interested person at the office O proposee an bureau du of the Common Clerk. or to inefJier communal on au the office of Plannine and bureau de 1°urbamsme ct du Development. City Hall. 15 developpement a 116tel de Market Squares Saint John, Mille au 15, Market Squaie. N.B. between the hours of Saint John. N -B., mire 9 It 30 810 a.m. and 130 p.m.. Monday through Friday, et 16h 30 du lundi au vendredi, said les fours ferias. inclusive, holidays excepted. Wntlen objections to the amendment may be sent to Veuiilez faire part de vos obtechons au projet de the undersigned at City Hall modification par sent a I`attention du sousstgne a 116tel de vtlle. Elizabeth Gormley, Common Clerk ElrzAbeth GnrrnleV. Grelliere communale 658.2962 658-2862 P BOX / ' 1971 SAINT f 'r (N.-B.) EA111 213 March 11, 2009 Your Worship and Councillors: SUBJECT: Section 39 Amendment Application - 91 Ocean Drive On February 16, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 10, 2009 meeting. The applicant, Mr. William Brennan, appeared to speak in support of the application and noted that he was in agreement with the staff recommendation as set out in the attached report. There were no presentations in favour of or opposed to the application and no letters were received by the Committee. After considering the attached report and Mr. Brennan's presentation, the Committee adopted the recommendation as set out below. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the subject site at 91 Ocean Drive (PID 55195313131) to permit a front yard setback of 6 metres. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 09-044 214 DATE: MARCH 6, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 10, 2009 ~1 )ry?r~-k- Holly McMackin Planner, Dillon Consulting Limited SUBJECT Name of Applicant: William Brennan Name of Owner: 614 594 NB Ltd. Location: 91 Ocean Drive PID: 55195333 Municipal Plan: Low Density Residential Zoning: "ID" Integrated Development Proposal: To construct a single family home with a front yard setback of 6 metres (19.6 feet). Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, March 16, 2008 at 7:00 p.m. 215 Section 39 Amendment Page 2 91 Ocean Drive March 6, 2(_)(_)9 STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the subject site at 91 Ocean Drive (PID 55195313131), to permit a front yard setback of 6 metres. BACKGROUND: The subject property is located in the Harbourview Subdivision in east Saint John, in a block of undeveloped properties bounded by Harbourview and Ocean Drives (Figure 1). Harbourview is a suburban area comprised of single family homes with suburban setbacks and moderately sized lots. The subject property is located in the "ID" Integrated Development zone. As shown in Figure 2, the ID zone outlines how the remaining undeveloped lots in that block must be developed. The properties surrounding the ID zone are zoned "R-1B" One Family Residential. On November 19, 1973 Common Council rezoned the undeveloped properties from "RM-1" Three Storey Multiple Residential and "R-1B" One Family Residential to "PD" Planned Development (now "ID" Integrated Development). This rezoning was part of a larger proposal to develop approximately 120 one-family dwellings and 52 townhouse units, 52 townhouse units and 4 one-family dwellings were to be developed in the area between Ocean Drive and Harbourview Drive. This part of the proposal was not undertaken, as evidenced by the lots remaining undeveloped. On January 29, 1998 Common Council amended this proposal for a portion of the Harbourview Subdivision identified as 103 Ocean Drive and 100 Harbourview Drive. Pursuant to Section 39 ofthe CorTZrTm»iti PIcuming Act, the proposal was amended to create an "ID" Integrated Development Zone. The amended proposal consisted of 21 units of single family or semi-detached dwelling. The following conditions were attached to the revised proposal: a) the development be limited to the constriction of one family or semi-detached dwellings, except for lots 97-13 to 97-16, which would be developed with only one-family dwellings, b) all the dwellings will be limited to a maximum height of 1 1/2 storeys; c) the minimum area, width, depths, for the proposed lots be in accordance with the submitted Revised Proposal 2 Plan (shown as Figure 2) dated January 14, 1998, d) the minimum front, rear and side yards for the future dwellings be in accordance with the submitted Revised Proposal 2 (Figure 2) dated January 14 1998, with Lots 97-13 to 97-1( having rear yards of 7.5 metres (25 feet), e) with the exception of the above-mentioned standards, the proposed lots be developed in accordance with Section 220 of the Zoning By-law of the City of Saint John and, for the purposes of Section 830 (Accessory Buildings and Strictures), the "R-2" requirements apply for this development, 216 Section 39 Amendment 91 Ocean Drive Page 3 March 6, 2(_)(_)9 f) Lots 97-13 to 97-16 be developed and maintained in accordance with a detailed building and site grading plan acceptable to the Chief City Engineer and Development Officer, and such plan be approved prior to the endorsement of any required building permit, and g) only a maximum of twenty-one (21) dwelling units be permitted until such time that: i) the lots are serviced by municipal water connected into the City-wide system, or ii) a detailed study of the existing water system is undertaken by the developer to the satisfaction of the Chief City Engineer confirming that additional capacity is available in the system to accommodate further dwelling units, or iii) if additional capacity still does not exist after five (5) years from the date of the tentative subdivision approval, the developer be permitted to supplement the well system in order to create the required additional capacity, and such work be subject to the approval of the Chief City Engineer. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to this proposal. Building and Technical Services has no objections to the proposal. ANALYSIS: The applicant began construction of the single family home at 91 Ocean Drive without the necessary permits and mistakenly poured the foundation with a 6 metre setback. As noted above, the minimum setback for this property and the remaining undeveloped properties fronting on Ocean Drive is 7.5 metres. Rather than a variance, a reduced setback in the ID zone requires a Section 39 amendment. No other Section 39 amendments are required for this proposal. Given that the foundation for this property has already been poured, it is possible to determine whether this setback fits the context established by neighbouring properties, which have setbacks of approximately 10 metres. Figure 3 shows that the property's smaller setback is not out of character with the setback of other properties on Ocean Drive. In addition, it should be noted that a pump house is located on the adjacent, larger property at 103 Ocean Drive, precluding any residential development on that lot in the future. This undeveloped property will create a transition between existing homes with setbacks of 10 metres and the proposed development, which will have a setback of just 6 metres. The proposed Section 39 amendments should be granted to allow the building at 91 Ocean Drive to be completed. DILLON Project No. 09-041 217 Section 39 Amendment 91 Ocean Drive Page 4 March 6, 2009 PLANNING AND DEVELOPMENTIURBJANI ME ET DE EL PPEMENT J x 4'* ~xJK 1. y`,~ M1x s 4x L ~,4• 4. ~ y ~ l ~f ~ .ti M1 4yY- b- rb~ ' o r ~ yt . s # J ~f4y f " 2s. .,x J x*, .y{l `y 'i...~^ % 106 \ s 10. % } ~ ~1 06 11,4 ~ 4 ~ + r • ~ l kl ~ l is AV pit •k i Subject Site/site en question- ~ " PID(s)INIP(s); OD416610 ,fC I, Location: 91 Ocean Drive/01 pmirl Ocean Dato: Feb. 13. 2009 i cafelechelle: Not to scale/Pas a I:echelle Figure 1. 91 Ocean Drive location. 218 Section 39 Amendment 91 Ocean Drive Page March 6, 2(_)(_)9 w V 1 y } . III ~ °~~'~.e7 f M''aIJ dA II d 0 fl 1QN I ~tl 1 Q 4 F ~ NI " ~ ~I 911 Y ry ~ M 7W .,I e ~u~ R p nux 'k d ~ Y •~1 Jn V R p „p., L1Y ~ ry~yV,~ p~..~ IIII 1111 F , 1 • B p vl ' I~AJ. . N Q d Y .,I.'Yba:u ~ I D a.~ h a' ! G u ° ~ ` f p P~ a~ c St" I °f flM N'~0 All°"'l rt,wr "I. C . -ma 4,ro e•1 f H u -Yp ac, llrq Irl it I~h ;ty p, fl 'e" r'. 3 W E W r D Y Ctl tl ~ ! 6"l . S d Q tt'~ r" nww~~ ~f n h l,l~ ~ ~ ~~;I a II , 7. bqp ~ C 4 r ~.:h, ~ a ,1 . h:Y . wdF'•~, Figure 2. The site plan for the "11) Integrated Development zone. The subject site, 91 Ocean Drive, is shaded yellow. 219 Section 39 Amendment 91 Ocean Drive Page 6 March 6, 2009 tr, Figure 3. The foundation at 91 Ocean Drive has already been poured. The lot to the right of the foundation contains the N ell and pump house for Harbour view subdivision and will remain undeveloped. 220 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de ['entente relative a ['article 39 Applicant Related Information 1 Renseignements sur le demandeur Name of Applicant / Nom du demandeur ri ~2 S S %-,4 Au -b ~~~~P7ir7~ Si Mailing Address of Applicant I Adresse postale du demandeur 5-,a,, r, r .'4 rW Telephone Number I Numdro de tdldphone, SZ/ Postal Code / Code postal ff-;) / Cj Home, !Domicile 3- 6 Work / travail 6 Fax Number 1 Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Z a 3 5 A 1C Postal Code / Code postal Existing Resolution / Rksolution actuelle Date of Resolution to be Amended / Date de la rdsolution d modifier '•1YtrL/ Location / Emplacement t F S - Civic No. /No de voirie Street / Rue Applicant's Interest in Property I Intdrdt de demandeurs dan la propridtd nP F What is your Proposal? / En quoi consiste votre proposition? <Am r PID /NIP ou)l q7 Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un~p7lan ou un dessin entidrement cot~d illustrant votre proposition. (Ddcrire la proposition en ddtail) ln/ C N vfyq t' "T „r c f, /tom i i i✓i; f? /-A `l S 7-2 y`~ ~J d 6, 5/,(-,o A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the of Saint John. Ci joint des frais de 300 $ sous forme de chdque ou de mandat- oste libelld a l'ordre de The of Saint John. 9.e~ Signature of Applicant 1 Signature du demandeur '~~~4~~►' a ' Date j; Signature of the owner must be included. / Lasignature due propridtaire doit @tre incluse. , Signature of Owner (if applicable) I signature du propridtaire (s'il y a lieu) Date i i 221 PROPOSED SECTION 39 AMENDMENT RE; 41 ADELAIDE STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, March 16, 2009 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the January 3, 1984 rezoning of the property located at 41 Adelaide Street, also identified as PID numbers 00374868, 00374876, and 00378976, to permit a revised proposal. REASON FOR CHANGE: To permit a portion of the existing garage to be converted to an auto body paint and repair shop. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET : 41, RUE ADELAIDE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 16 mars 2009 a 19 h en apportant les modifications suivantes : Modification des conditions impos6es en vertu de Particle 39, le 3 janvier 1984, relativement au rezonage de la propriet6 situ6e au 41, rue Adelaide et portant les NIDs 00374868, 00374876, et 00378976, pour permettre la presentation d'une proposition r6vis6e. RAISON DE LA MODIFICATION : Permettre une portion du garage existant d'etre convertit pour usage d'un atelier de peinture et de r6paration de carrosseries d'automobiles. Toute personne int6ress6e peut examiner la modification propos6e au bureau du greffier communal ou au bureau de l'urbanisme et du ddveloppement a Fh6tel 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 f6ries. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussigne a l'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 222 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71: Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (50§D 74-4214 Special Instructions (if any): Reference: Proposed Section 39 Amendment- 41 Adelaide Street Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday February 17'h, 2009 And Tuesday March 10'h, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice Tender ❑ Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common ClerklGreffiere communale Contact: Telephone: (506) 658-2862 223 PUBLIC NOTICE Public Notice is hereby given tf-A the Co . ion Council (if The C"iiy of Saint Jahn intends to consider a pioposal at its regular meeting to be held in the Council Chamber on \londay. March 16, 2009 at 7:04 p.m., by Amending the Section 39 conditions imposed on the Jxnaary 3. lipid rezoning of the propLxt located at 41 Adelaide Street, also identified as PID numbers 00374868. 0(1174976, and 04378976, to permit a revised proposal REASON FOR CHANCE: To permit a portion of the existing g,irage io be convened to an auto body pint and repair shop. The proposed amendment may he inspected li an% interested person at the office of the Common Clerk. or in the office of Planning and Development. City Ilall. 15 Market Squares Saint John, N B. between the hours of 9.30 a m. and 4.30 p.m., Munday dinlugh Friday, inclusive, holidays excepted. Written obtecttnns to the amendment array be sent to the undersigned at City l fall. Modification des conditions imposces on vertu de I'article39,1e3jamier1984,relali ementaurezonage de la propnete situee an 41, rite Adelaide at portant les NlDs 04374868, 00374876, et 40378975, pour permettre to presentation d'sine proposition r6l isce RAISON DE LA MODIFICATION : Permeltre une portion du garage emstant Vim convertrl pour usage d'un atelier de peiwtii r ct do reparation de carrossenes d'automobiles. Tome personne imt resaee pent examiner ]a modification prolwsee an bureau du gre]fier communal on an bureau de l'urbanisme at du &cloppement d t'h6lel de aille au 15, Market Square, Saint John, X-B., emre 9 It 30 at 16 h 30 du lunch an vendredi, sauf les lours ferias. Veuillez faire part de vacs obJenons au prrilet de modification par 6crn a ('attention du soussigne 6 11610 de villa. Elizabelh Gormley, Common Clerk Elizabeth Gurmlct, Greltlere cnrr munale 658-2862 658-28 224 March 11, 2009 Your Worship and Councillors: SUBJECT: Section 39 Amendment Application - 41 Adelaide Street On February 16, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 10, 2009 meeting. The applicant, Mr. Glen Jardine, appeared to speak in support of the application and indicated that he was not in agreement with the staff recommendation set out in the attached report. Mr. Jardine pointed out that he only recently took ownership of the business, and that the paint booth and the ventilation system have both been installed as his former tenant (and former owner of the business) was to have applied for the Section 39 amendment some time ago. He also pointed out that there are a number of businesses in this area, and that his property is one of the best maintained of all his neighbours. He also pointed out that his autobody shop is up to code and that he tries to be a good neighbour. No one appeared to speak in favour of or in opposition to the application and no letters were received by the Committee. After considering the attached report and the applicant's presentation, the Committee made the recommendation as set out below. RECOMMENDATION: That the Section 39 Amendment be denied. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 09-045 225 DATE: MARCH 6, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 10, 2009 Holly McMackin Planner - Dillon Consulting Ltd. SUBJECT Name of Applicant: First Stop Auto Name of Owner: Same Location: 41 Adelaide Street PID: 00378976,00374868,00374876 Municipal Plan: Light Industrial Zoning: -I-l- Light Industrial Proposal: To convert two existing bays into a body shop. Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, March 16, 2008 at 7:00 p.m. 226 Section 39 Amendment Page 2 41 Adelaide Street March 6, 2(_)(_)9 STAFF RECOMMENDATION TO COMMITTEE: The Section 39 Amendment be denied. BACKGROUND: These lots have been rezoned several times. Prior to 1965, the lots fronting on Adelaide Street were zoned for business, including a service station which apparently was the original use of the site. In 1965, the entire Adelaide Street area, including the subject properties, was rezoned to Three Storey Multiple Residential. In September of 1975, the lots were rezoned to "I-1" Light Industrial to permit a 40 foot expansion to the building which was being used as a muffler repair business. In July of 1978 the subject properties were rezoned from "I-1" Light Industrial to "RM-1" Three Storey Multiple Residential and "RM-2" High Rise Multiple Residential as one element of the North End Neighbourhood Plan. This was a conscious decision to make the muffler business a non-conforming use and to try and promote higher density residential development in this area of the North End. The Plan considered it to be a "classic example of spot zoning", which does not contribute to the North End residential community. On January 3, 1984 Common Council amended the North End Neighbourhood Plan to redesignate the subject properties fromlllethum Derasith Residential to Light Ilithistrial and rezoned the properties from "RM-1" Three Storey Multiple Residential and "RM-2" High-Rise Multiple Residential to "I-1" Light Industrial. The rezoning and redesignation was to allow the expansion of the existing muffler shop on the property, which had been operating as a legal non- conforming use since 1978. These changes were approved primarily because high density residential development had not occurred, and was unlikely to take place. In addition to the redesignation and rezoning, the Planning Advisory Committee approved variances for setbacks, yard standards and landscaping because the site and building did not meet the standards of the "I- 1" Light Industrial zone. Section 39 Conditions were placed on the properties restricting their use to a muffler and general auto repair garage. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: All businesses must have a City approved water meter • Absolutely no chemicals, paint solvents, etc. are to be discharged to the City's sewer systems. 227 Section 39 Amendment Page 41 Adelaide Street March 6, 2(_)(_)9 Building and Technical Services has the following comments: A permit was issued on November 28, 2006 to allow for an auto repair garage. The owner made application for installation of a paint room on June 11, 2008 but was refused because of the Section 39 conditions. The owner was advised on January 15, 2009 that the auto body repair and paint shop was operating without the proper permits being in place. We assume this notice resulted in the application for the Section 39 amendment. The operation of a paint booth is a serious fire hazard and appropriate measures have to be taken to address the hazard. The Building Code standards will require that the booth be constructed in a certain manner. Given that the booth already exists the Fire Department should be consulted for their input. Fire Department has no objections provided the site adheres to the appropriate standards, including but not limited to the following; • Spraying or undercoating operations, shall conform to the standards as identified in section 5.4 of the National Building Code of Canada 1995. • Construction and operation of repair garage should conform to NFPA standard on repair garages 30A sections 7.4, 7.5 & 7.6 • Hot works (welding, etc) operations shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1995. • The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. • The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B 149.2-00 of The Propane Storage and Handling Code. • The heating system within the garage must satisfy the National Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) shall make an assessment as to the appropriateness of the electrical system to support the garage operations. ANALYSIS: Subject Site and Neighbourhood The subject site in the North End is bordered by Adelaide Street to the east, Metcalf Street to the south and Durham Street to the west (Figure 1). The site is the location of a long standing one storey garage and muffler repair shop. The entrance to the three garage bays and office face 228 Section 39 Amendment Page 4 41 Adelaide Street March 6, 2(_)(_)9 Metcalf Street (Figures 2 and 3). On-site parking is provided in a small lot at the corner of Durham Street and Metcalf Street. Although the site and building would not normally conform to the setback, yard and landscaping requirements for the "I-1" Light Industrial zone, variances are in effect which resolve these issues. Neighbouring residential buildings on Adelaide Street and Durham Street are setback minimally from the garage. Most buildings in the immediate area are residential, with the notable exceptions of the fire station and the Home Hardware on Adelaide Street. Commercial uses are also found in the adjacent Lcm&k)ijve District Ceiare which is composed of Lansdowne Place and portions of Metcalf Street and Main Street. The built form of the area is predominantly small multi-unit residential buildings on small urban lots with minimal setbacks and yards. Proposed Section 39 Amendments The Municipal Plan directs that the effects of industrial zones on adjacent residential areas should be minimized by means of standards in the Zoning Bylaw relating to: • the location of parking, • the arrangement of lighting facilities, • the provision of landscaping, • the provision of buffer strips within industrial areas along street frontages and along boundaries which are adjacent to residential properties, and • the provision of vehicular access to industrial areas such that it will not be necessary for vehicular traffic to penetrate industrial areas. There are few opportunities on a lot this small to properly buffer adjoining residential properties. Significant variances have already been granted as the site does not conform to the Light Industrial zone standards. Although an auto body shop, with all work being performed within the building, is a relatively innocuous use compared to some uses permitted within the "I-1" Light Industrial zone, the effects of an auto body shop on surrounding residential properties must be considered. Light industrial areas are generally considered to be incompatible with residential areas. Auto body shops specifically are the source of significant conflict with residential areas. The North End is primarily a residential neighbourhood. It has been adversely impacted by uses incompatible with residential zones. Permitting more incompatible uses is not consistent with developing the North End as a strong residential community. Although the site has been occupied by a garage for decades, the zoning has been changed several times as the appropriateness of the use has been debated. Staff do not argue for complete separation of commercial uses from residential zones, however, allowing auto body shops in close proximity to residential zones is not appropriate, particularly given the minimal lot sizes and setbacks at this site. Many exceptions have already been made to allow the muffler shop to operate in this location. The most recent rezoning contained Section 39 Conditions limiting potential uses on the site - staff believe the proposed auto-body shop is the type of use these Conditions should prevent. 229 Section 39 Amendment 41 Adelaide Street DILLON Project No. 09-045 Page March 6, 2(_)(_)9 230 Section 39 Amendment 41 Adelaide Street Page 6 March 6, 2(_)(_)9 PLANNING AND DEVELOPMENT/URBAN ISM E ET DE ELOPPEMENT I II I ~ L rx _l.Ib.•8r a7_.5~_. 9§_ I3rv, nyelr,+s.- I xeun 211 l?~_l. a,aIN - { 1 1 ■ I■ I■ I gU4k kk++ IA* WanI Stj 11 IN I l I L i 10 1 F ■ G :A~ a f1°~AT-- 'ire, Ins.. I•y to I } 03 I s ~'1Y 1 rb i, I r I I ~inl _ ~earl 111C II ID ~a- 11ae III II 11712 i4M 4~r 87 10 I■ I Y HF ~ I~ ~F I■ 1 y ~ I _ ~~j~•L 9z ~ , Ir dp I * o-sl Ii 61 87 r? x+~ $ BY r4 ifi ll} it} 2t121r 2$;3r BII .RJ rue Victoria 8 I r I w 10 1 r l 7 1 r 11° F7 2 ir., -,a I iia ,ia 11171! , y, jtp ,i,tc lei 17U ;72 133 1 S C x v 1 75 • • - S r. I ! 72~ s. I ~51 06 +r:. 2TTWLUI } ~sb°J ss 1 113 -115 I1'r n? ,zi~17F2 ~.7Y7~ 15r ,ar .i■is+- i 17~271F~ rL~ 1 b rue hlletcalf StA 10 IN 116 r; I i I■ I■ t I■ 1■ I■ 1} I M I I Imo= - 7 T ~ 74Pdi - ~Y~ 1 1 I-,m7 4 W~L'4. 176 111 - .irB lrl yT',j 1ST I l4 Q21 ; I I I 1 I'A 1 } , 177 L r~ 1 is 1 y 1 L a- _ , 22 _ • iC I I 7~ - ~ I 1 I' 1 L - TY 1 T ~ 1 1 {7°''Illr,rA',L}i' I I pp B _ I V 1 ■ I i ' I ■{*if t- 2,5 1 1 1 , I , ----11- - - r. s., g jay-- - _ Ile iI + 6 j TO i I ■ J■ I r 7 I■ f 4 v I--'2~__y~rolr,n~,u~5'~I T 1 1 ,Ld r731S _ I ti l 7■ I I r ----.~b2_111 : 003M976, ubjeet itelsite en grlestien: Pio(s)rNiP(s) 00374868.00374876 Location: 41 Adelaide Street J 41 TuIs Adelaide Bate: Feb. 13, 2000 caleitchelle: Not to scale/Pas 6 l'&chejle Figure 1. 41 Adelaide location map. 231 Section 39 Amendment 41 Adelaide Street Page 7 March 6, 2009 232 too i 0„`01/19/2009 24:00 1 PLANNING AND DEVELOP PAGE 04/04 Application for Amendment to Section 39 Resolution or Agreement Denjande de modification de la ar6solution ou de Fentente relative a Particle 39 Applicant Related bformatioa / Renseignements su r le ddeinta/nJdeur Name of Applicant/ Nom du demandeur !`OC A f ? Q L L~ / Mailing Address of Applicant / A&csse poAale du demandeur ltn4 J0- ~n Telepbone Number / Numdro de tildphone: '7b 31~~'or Postal Code / Code postal Lo' 2 CT -J k -2, Home / Domicile. tP i a `I a Y Work / travail 5z)( Fax Number I Numdro de t616sopleur Name of Property Owner (if diffemnt) / Nom du propridtaire (si diff€rent) 11 , S PIrrn e Existing Resolution 1 Wsolutlon actuelle Date of Resolution to be Amended / Date de la Asolution A modifier kq7 dqs-?'0 '60 da f L/.. Postal Code / Code postal Location IEmplacement -1 U)-77-i P16 H"LOOOW DlZ1V~ Civic No. / No de voirie Street / Rue Applicant's Interest is Property / Intdret de demandeurs dan la propridtd What is your Proposal? I En gnoi consiste votre proposition? S k9rn e. PID I NF Note; Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) ota: Fournier un plan ou un less' cotd illustrant votre proposition. (Ddcrire la proposition en detail) 4ci C/h ni en :)entl6rement A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John, Ci joint des frais do 300 $ sous forme de ch ue ou de t-aste llbelld A 11ordre de The City of Saint John. Si!~ature of APPlicant / 3il3utore du demandeu VV T ij aj , v X)a e 12'n mo ~D 9 Signature of the owner must be incioded. I Laslgnatwe due prapritaire doit age tcr~'( lure. Signeture of Owner (if applicable) / signature du propridtai re (s it y e Lieu) Date J9,11 . 233 As a home owner of this location for approximately 10 years, I am applying to amend the bylaw regarding the permitting of storage facilities, to allow me to enjoy the same benefits as close to 60% of the other home owners do in the area. Many of these previously constructed facilities are much larger than my proposal, including the shed that belongs to the Loch Lomond Holdings Committee directly. In fact, my immediate next door neighbor has recently erected a shed very similar in size and design to my proposal. As well as the Treasurer of the Loch Lomond Holdings Committee who erected a shed just weeks ago. I am accused of having the only shed that is not permitted due to a previous bylaw amendment, and there is no action towards other related violators, who are obviously breaking the same law. How is this NOT discrimination? C9 234 cr r' M o s h e r C' h o LAvv ye rs The Fled Rose Tee Building 12 Smythe Street, Sth Floor Saint John, N,6, F-21- 5G5 From the Office of Martin D. Fineberg E-mail: mfineberg ,mosherchedore.ca i=i ~ 14339-0 January 22, 2009 M--itry of Saint John Planning & Development Department Attention: Mark O'Hearn dI C,t,, Hall, JAN 22 LUL;j 15 Market Square P1)Box1971 S tint John, NB E21- 41-1 Ike: Troy Gallant 703 Highmeadow Park, Saint John, N.B. PID # 1534997 Deer Mr. O'Hearn: With respect to this matter, enclosed please find the following documentation with respect to Mr. Gallant's application: 1 Application for Amendment to Section 39 Resolution or Agreement with attached drawing containing description and measurements of shed and a writing from Mr. Gallant; and Cheque in the amount of $300.00 to cover application fee. Kindly acknowledge receipt of this letter and enclosures. Yours very truly, MOSHER CHEDORE7 rtin D. Fineberg MDF:sc E d,,, Lela -906.63-1 1608 fox. 506M40740 all: ia,~ i nb.symrnpat.ir o.fie b. .moshesrchedore.ce ~ Nwo-o loft A loft Eft a-- 2 ft~ Back view Front view 1) shingled roof 2) pine doors 3) Siding to match home 4) +1- 4" adjustment waillroof thinkness 5ft 236 .Sft Eft 41--Front Side View City of Saint John INTERNAL INSERTION ORDER . M For City of Saint John use only. Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Reference: Proposed Section 39 Amendment - 703 Mighmeadown Drive Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad "SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday February 17'b, 2009 And Tuesday March 10th, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gonnley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 237 PROPOSED SECTION 39 AMENDMENT RE: 703 HIGHMEADOW DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, March 16, 2009 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the July 3, 1973 rezoning of the property located at 703 Highmeadow Drive, also identified as PID No. 00354191, to permit a revised proposal. PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET : 703, PROMENADE HIGHMEADOW Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lunch 16 mars 2009 a 19 h en apportant les modifications suivantes : Modification des conditions impos6es en vertu de Particle 39, le 3 juillet 1973, relativement au rezonage de la propri6t6 situ6e au 703, promenade Highmeadow et portant le NID00354191, pour permettre ]a pr6sentation d'une proposition r6vis6e. REASON FOR CHANGE: RAISON DE LA MODIFICATION : To allow the subject property to have a detached Permettre que ]a propri6t6 ait un batiment accessory building. accessoire individuel. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Toute personne int6ress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a Ph6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussigne a 1'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 238 PUBLIC NOTICE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday. March 16, 2009 at 7:00 .nl„ bs. Amending the Section Jet conditions imposed on the July 3. 1977 rezoning, of the property located at 703 Hiehmc.idou Drive, also identified as PID No. 00351191. to permit a revised proposal. Elizabeth Gormley. Common Clerk 658-2862 AVIS PUBLIC Par lei pre:enles, un avis public esl donne par Icquel !e cooseil comnt>o®wl de The City of Saint John indique son intention `exarnimer sane proposrlicm leas de la reunion ordmarre qui s€ tiendra dans la salle du conseil le I dl 16 mars 2009 a 19 en apporian[ lei modifcanons suivaeites : Modification des conditions i posees en Vertu de (article 39, le 3 iuillcl 1973, relatirerrt€nt an rezonage do la proprici~ situee an 703, promenade Hig meadow el portani le NID t111354191, pour perinestre ]a presentation d°une proposauon revisee. RAISON 1% LA %10DIFicxn0N Perinctire quc• la proprsW ail. un bahm ent accessone individual Toule personne intcressee pout examiner la modification proposce an bureau du greifier ou m nal ou au bureau de l°urbanismse et du deseloppement a lViel de ville au 15, Market Square, Saint John. N eB , entre 8 h 30 et 16 h 30 du lundi an vendredi. sauf lei fours feriL Veuiller fare parvemir vos objections an projet e modification par ecrit a fanenoon du soussigne a FhAtel de v°ille_ 239 March 13, 2009 Your Worship and Councillors: SUBJECT: Section 39 Amendment 703 Highmeadow Drive On February 16, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 10, 2009 meeting. The applicant, Troy Gallant, appeared before the Committee in support of the application. The applicant indicated that his shed was similar to other accessory buildings in the general area, and that he was willing to affixed colour- coordinated siding to the stricture and relocates it in the yard. Mr. Gallant also provided photographs of the shed and a petition of support for the proposal (see citochinews). In addition, there were also four other property owners from the area in support of the application. They spoke of the existence of a number of other sheds in Highmeadow Park and the need to have storage space. A presentation by Gail Powell of 705 Highmeadow Drive, immediately adjacent to the subject property, opposed the application and raised concerns such as the size of the stricture, roof drainage, the location of the shed with regards to visibility and buried services, loss of property value, and the poor aesthetics of the existing stricture. Concerns were also raised by Maureen Smith of 513 Highmeadow Drive with respect to the placement of accessory buildings over buried services. In addition to the petition received from the applicant at the meeting, the Committee also received two letters and a petition against the application (see wochinews). Staff informed the Committee that at the request of the trustees associated with Highmeadow Park, assistance would be provided in the development of appropriate accessory building standards for the entire area, and that a future Section 39 application could be considered involving all the properties (including the subject property) in the neighbourhood. 240 Plaiming Advisory Committee March 13, 2009 Page 2 After considering the report and presentations, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. RECOMMENDATION: That this application be denied. Respectfully submitted, Stephen Horgan Chairman MRO Attachments Project No. 09-034 241 DATE: MARCH 6, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 10, 2009 Marls O'Hearn Planning Officer SUBJECT Name of Applicant: Troy Gallant Name of Owner: Troy Gallant Location: 703 Highmeadow Drive PID: 00354191 Municipal Plan: Low Density Residential Zoning: "ID" Integrated Development Proposal: To allow a detached accessory building to remain on an individual townhouse lot. Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, March 16, 2009. 242 Troy Gallant 70 3 Higluneadow Drive STAFF RECOMMENDATION TO COMMITTEE: That this application be denied. BACKGROUND: Page 2 March 6, 2(_)(_)9 Highmeadow Park was rezoned from "RS-2" One and Two Family Suburban Residential to "PD" Planned Development (now "ID" Integrated Development) back in 1973. This type of zoning required the adoption by Common Council of a specific proposal pursuant to Section 39 of the Coo/71/711111111' PJc1111 ing Act. According to our records, a detailed site plan for the overall townhouse development was adopted by Common Council that illustrated all building locations, parking areas, driveways and fences. Accessory buildings were not shown, and, therefore, are prohibited. The Common Clerk's Office had a copy of this site plan for quite some time, but in recent years it was sent to the provincial archives for long-term storage. Highmeadow Park was undertaken in phases between 1974 and 1977. The initial phase consisted of two parts. Part I was developed under Highmeadow Holdings Inc., and consisted of 6 buildings with a total of 52 individually owned townhouse units near the McAllister Drive and Loch Lomond Road intersection. Part II was also developed under Highmeadow Holdings Inc., but the buildings were held under the ownership of a housing co-operative (Highmeadow Park Housing Co-operative Ltd.). Part II consisted of 4 buildings with 24 townhouse units. This area is located near the Loch Lomond Road and Silverstone Street intersection. According to provincial assessment records, three of these units (6, 106 & 304 Hi(-Ihmeadow Drive) have since become privately owned. Finally, Phase II to the north was developed under Loch Lomond Holdings Ltd., and consisted of 5 buildings with a total of 46 individually owned townhouse units. The subject property is situated in this phase of the development. Highmeadow Park has a total of 15 buildings with 122 townhouse units. Vehicular access to this development is provided by Highmeadow Drive, a private street constructed between McAllister Drive and Silverstone Street. Asphalt common driveways, with individual parking stalls, have been constructed over the trustee parcels. Landscaped amenity spaces have also been developed over these parcels. It should be mentioned that there is still a 9550 square metre (2.4 acre) undeveloped parcel of land to the northeast owned by Scottish Enterprises Ltd. This parcel is immediately to the east of the subject property. In 1983 the City considered a Section 39 amendment application by Highmeadow Housing Co-op Ltd. seeking permission to construct accessory buildings in their portion of Highmeadow Park. The applicant submitted detailed plans identifying the standards that would be used for these accessory buildings (see a ochinerlts). 243 Trov Gallant Page 3 7(_) 3 HiglnneadoNv Drive March 6, 2009 Planning staff recommended that these standards be adopted for the entire Phase I area consisting of all the buildings south of Highmeadow Drive. These standards would have allowed for accessory buildings with a maximum width, length and height of 2 metres (6.6 feet). Furthermore, these buildings would have been at least 1 metre (3.3 feet) from the rear property boundary. The proposal also encouraged sheds on adjoining individual townhouse part lots to be placed immediately adjacent to each other along the common (side) property boundary. No accessory buildings were recommended for the Phase II area north of Highmeadow Drive, since there was at that time opposition by some of the property owners of these townhouse units. Although the application was also recommended by the Planning Advisory Committee, it appears that due to opposition by local residents Common Council resolved not to adopt any changes to the existing Section 39 conditions. Therefore, the prohibition of accessory buildings in Highmeadow Park remained. In 1991 the City considered a Section 39 application by Highmeadow Holdings Inc. seeking permission to raise the height of permitted fencing facing McAllister Drive. This application was approved, which allowed a maximum fence height of 2.6 metres (8.5 feet) for properties situated between 502-524 and 902-920 Highmeadow Drive. Previously, only a maximum height of 2 metres (6.5 feet) was allowed. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no concerns with regards to this application. Buildings and Inspection Services has indicated that by-law enforcement action commenced late last year when a complaint was received concerning the placement of an accessory building on the subject property. This enforcement action is currently on hold pending the outcome of this application. Buildings and Inspection Services have also indicated that there are no other enforcement actions underway concerning other storage sheds in Highmeadow Park. According to their records, the complaint concerning the accessory building at 703 Highmeadow Drive was the first received by their department. Maritimes & Northeast Pipeline has no concerns with regards to the accessory building. ANALYSIS: The subject property is one of 122 townhouse part lots situated in Highmeadow Park (see locatio» map). This property is one of the eight associated with the townhouse building at 701- 715 Highmeadow Drive. The subject property has an approximate width of 6.6 metres (21.5 244 Troy Gallant 70 3 Higlmieadow Drive Page 4 March 6, 2(_)(_)9 feet), and a lot depth of 12.8 metres (42 feet). In addition to the individual townhouse unit, the subject property has a fenced yard with an approximate depth of 6.8 metres (22.3 feet). According to Buildings and Technical Services, a complaint by an area resident was received late last year concerning an accessory building on the subject property. By-law enforcement action commenced, and after discussions with the landowner's legal counsel, a Section 39 application was submitted. The application indicates that the accessory building is 2.44 metres (8 feet) by 3.05 metres (10 feet) with an average height of 1.68 metres (5.5 feet). No site plan was submitted, but a recent visit to the area revealed that it was situated within the fenced yard of the subject property near 705 Highmeadow Drive. Despite the prohibition of accessory buildings (see Backgi•oimtl), a number of sheds have been erected in Highmeadow Park. However, according to Buildings and Technical Services the complaint concerning the accessory building on the subject property is the first to be received by the City, and there are no other by-law enforcement action being undertaken at this time concerning the other accessory buildings in the area. It should also be mentioned that accessory buildings not greater than 10 square metres (108 square feet) in ground floor area do not require a building permit anywhere in the city. This may help to explain how this situation has occurred. Similar to the design of the townhouse development, approval of accessory buildings should only be considered holistically to ensure they complement the townhouse buildings. This type of approach was supported by planning staff back in 1983 when the housing co-operative proposed specific standards for accessory buildings in the Phase I - Part II development area (see Backgi•oimtl). These standards proposed a maximum width, length and height of 2 metres (6.6 feet) for accessory buildings. Such standards recognized the close proximity of the individual townhouse part lots and their very limited yards. The shed on the subject property has an area of 7.4 square metres (80 square feet), which is 185 percent more than what was proposed by the co-operative back in 1983. The height of the garage at its highest point would reach the maximum recommended standard of 2 metres (6.6 feet). While most properties do not contain sheds, those that do exist are not substantially different than the shed that has been placed on this property. The accessory building on the subject property could be finished with colour coordinated siding, with its roof pitch facing away from the building similar to the shed next door at 701 Highmeadow Drive. These changes would make the accessory building more compatible with the other existing sheds in the area. Notwithstanding, approval of this shed with its dimensions would suggest that these standards should be encouraged throughout Highmeadow Park. Staff believes that this particular shed is both too large and too tall to be considered appropriate. Therefore, approval of the requested Section 39 amendment to allow this accessory building to remain at 703 Highmeadow Drive cannot be supported, nor could staff support any other similar application until such time that standards for accessory buildings for this townhouse development were approved. Ideally, such standards should be proposed by the trustee and co-op groups associated with the Park. These 245 Troy Gallant 703 Highrneadow Drive Page March 6, 2(_)(_)9 groups could seek assistance from planning staff in formulating appropriate standards. The standards should not be determined by the dimensions of the existing illegal accessory buildings in the area. Whether it would be appropriate to provide recognition for some or all of these existing accessory buildings remains unclear at this time. This issue would have to be carefully considered when developing the design standards. MRO Project No. 09-034 246 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT SZ-5 ~ a`o • x~ !r o,~• .mss fro ' o ~~f i C '1 N I-1 I*""r'ai ■inri0 I - ID ' ,y • m ~ra r` y +}f,r y s~rrMV° • • y B- 2 ! •ya, US ~ M Subject Site /site en question: PID(s) / NIP(s): 00354'!91 Location: 703 Highmeadow Dr. / prom. Highmeadow Date: February / Wrier 9, 2009 A Scale I echelle: Not to scale I Pas a 1'echelle 247 N Q W -Sft w ~ ~ it 6ft Front -1Q ft ♦ w s 5ft Eft , w Side View i Back view Front view 1) Shingled roof 2) Pine doars homelVrovf thinkness 3) Siding to match 4) +1- qVl adjustment wa VN~ ~ p~ C a p,~ .ra ~oY , }I 7 hLas ~ , (~ya Eli y t L It D .i 3 • ~ DAY 5 ~Yh tIL _ o pY <.i 7 : TY} . RT ba 15 3 1 1 • I 8 in ' Q °K Z' FOG 11114H 111nll Hkrin. I• , ^~i.. .A'p j .V ~ • %L -w _ l tWIt1 ,1 11 ^o LitpI. 111111 $Q • 1•'~_- Y - 1 .4111, 4111 Ob T on dA kk ~IfA a' „11.11 A d'•'• - - - t, ''A J - 1 1 1,1 lln l,. if tl'~j! .5 a•., 40 r _ p0 13 i J . C+ '.fCD- f~'I 1q! y- 1S ' J17 • I.. ,1„'\, bl L ~ 33 ~ l • 1 t r. ~J 1.Y Day w! ..t Mill O ~r'e ~ • ~ ~ . aa~~lYUltHll~lln - ~a ~ ~ d ` Ddb Q 1. ~'hllnllr WY `1`t'• } yl o-41~ a~ .•II°, , L"a.Y,SR' }inn ~u t t .l r n 01, y-~ rN`~ 1"j~A~},.. 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B. a, e oa tea ',nj - 0 ig4 ow 4!V W i A tea P . s set up tee the P4, a?. nC: 7 as can Mc:la , oh h i i 4 Means, .-at opza- allonh of h . pa-' ( nowplow ' A a4e, a : Engp etc.). shy : the M O Saint John -M -in .A with p a t? az,uzfaez Tale W AW r nuaif y t the a .eaM OWne4 0 aaVZ4,5 . than maintenance and M 04C the .,+Qam and lees ; Deed, the c is vaa xoCWi - the majovity ago h 4uigh. o on$ to my & ion to why you peace invoived W z Me P40AM o/ Was, maz shed at an annual geneM 250 o*v../2 P a.nl n i o page meeting . homeoa; n appno i a a ay awa4 ago. Me majonify ail h.or-. --no voted 'N SUDS". a . . u M two , d w moved ara. aznfa"an ..ay the hukjeci h,aa; eomne4z. "aaan sa ga, :auly, 251 70a i _ _ Drive Say a ` -i, ; 7 3' March , 2009 Planning & Development P. Box 1971 .Saint Jahn, N. B. E21, 4LI Attn: Mr. Mark O'Hearn Dear . ~ OHearn: Re: &eaue%t for e°eL e _ Section 3 Amen ent For Accessory uildi-.g 703 i e ow rive q f' s lam st -s x_ neighboring prop - i > .gtuctxe/(/appY~~y ~ ; /Lga w y a W, mns io to to insist in reasons f "d A.o ri B.I S.Lw3 A. i.i.Z L,TAA.A':. J. The ss Diet, e h been y 7 a. l ecaus el-0,.';ry W z . C'e sunlight, Th - -iss, 'H. al-- be aL Ccted and moss gill -Yc Lad tak ~ -lie y-rd. 252 a Gaii Powell 253 III161' 1lLdlllur lu .ill.. II . rl ul 9dul of I I I III' i~~ IvIP ~u"I'hl n u Im vrvl MINI onl nl Ilflhpp Illlllllllil, I IIII II °°°°IIIII VIII Illlllllllllllllllplllllllllllulllllllllllllllllllp „~I~~Ih p Ir IIIII 111111 uuu II „III VVII I~~IIII„ ~I~~ i III luu. a"~~~ I V l~,~, uVl 1 Py N, i il ~ t' I 'r I. , w, ul' I Y d y , ~O , P ' 1 I. ryry ' 14 111 1 ~ . I I Ili 11 1 ~ III I I V r I I ~l 1 II ll W~ ~l~l \ i. If J l _ Ifu r NI yA n? ~ x I 1, t r. b x W" Y L..'. 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V ~wsm Thisbecomesec R true, if the accessory buildr__. :.3.- Aor_ uil °n and obstructs ; , view o the property. the Y :I j : veryone has experienced water being shut off: dire to ho eo% -r - ~i -time all bcr e Irs would without water could be increased from a fev ° . ew dad e on top o the lines and accesse °wp.,l` l r ~...~d ► -is n be c---- ed out. Gail Powell c w a Homeowners Tenants 8 , tw, u , 257 re~, ,a '`th h' I 7 v. 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I Y IIII ~ ' A ~ ~ Y / lr~~ ( / 1111111 1 1 p . I a 11111 258 page 259 I :,,Posed c , r._M t r Name Signature Unit , ` J)V t: for. Date 'in favour' Check 260 90 '1 C q111 14 t 4ca 44., . ,J*4 261 t 'ill ui arr i i r . l I61~ ,1 II r m .t~~r';1~?d~Mn►' ~ ~ I ill I tY it i I , 111 . .hfIAP4,AM'.. 7 71111~i1~ ~ I l i u . Q l l I Y t ~ u'I yt,~lrgA~It[Wf~411!/5E'Fh7IrRtYwf,M~ ~ I"III yy~ is I ?IIU! P~ l ,W I i41IMllu', lei V.. ~ r F~ 14 A r. xg:,y' r a 41, ii i S `u u mom " I r r,, My~ i M N I I~IIIIIII,Aulalw'IIV,e" IV1 "I. II. 1~1I~yh~~I~`Il~~l1uu '4)' Ili dla. db 1 VU' I II Illil""~y'. hla~;i; ~illlliP I~IIp~!'riI'N~IIrq ti~11, II I ld ICI III I~ I 1~`a n ~IOGp~'i rt " ^I i ~I'h~ 1Il j~l 1P11 II III ARM Ilu `IF~i, II III 11 to IlGlllll~ jl ICI IIIIi till~li ~ II~~ w 1 III DI d~illllu apu I II~I~II VII 'j 11~ 1 I ! G ~ CIA I ll~i ~jIII~~~GI Ilil elll~nu 11iGiii , ~ ~ ; I u ~ W 'I!; r pulp ~Illo-~ II ~ tlV I ' !;)illl;li'I v Ip ~ vu r I ~ ~ tl wmiiG i 111 r li ~I I ' I ~ ,,III IG ~~II Ik ,i1 III~IGuu;IVl IIIOUII w J ~t , I i' . r~- T W The City of Saint John March 11, 2009 Mayor and Council Re: Public Record of Motions A look at the table of motions indicates the magnitude of business generated from even just one meeting of council. For the most part much of the motions have been carried through (completed) with the majority of the remaining in progress - the 'in progress ones' typically hinge on a committee being formed or the gathering of information which may take some time. In terms of a general observation and comment, I understand that the public has not been able to access this document. I believe they should, if not for the simple reason that all the motions are in fact public already. But much larger than that reason, council and administration must recognize that the public is an integral component in the functioning of an open government. Council members construct their motions based on: staff reports; observations of the community; observations and knowledge of administrative and management processes; knowledge of programs; request by citizens or community groups, and, through consultations with citizens. Essentially, motions may be considered a measurement of the judgment and skills of council members collectively and as individuals in carrying out what is in the best interest of the city. It would follow, naturally, that the public has a vested interest i'n accessing this measurement of performance of the council members they elected. A running and publically accessible record of motion status would be a mechanism towards providing open, accountable and transparent government. It also serves as a reference point for staff and council members to what progress is being made on the business of the city. Moreover, with this reference point being set against the knowledge that public also has access to it, with the expectations of action being undertaken increases the level of accountability - again another measure of performance of both staff and council members by the public. Motion: Council direct the Clerk's office will to keep current this the motion list and make it available publicly. Sincerely, (Received by e-mail) Deputy Mayor Chase SAINT JOHN P.O. Box 1971 Saint John, SIB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 265 ~a The City of Saint John March 11, 2009 Your Worship Mayor Ivan Court and Fellow Members of Common Council Re: Saint John West Business Association "Business Improvement Area." At the Common Council meetings of March 17 18, 2008, there was a recommendation from the City Manager that advertisements be prepared for a public hearing concerning a Business Improvement levy for the West Side. Since that time a number of correspondence has traveled back and forth from the Business Association and City Hall inquiring about where this file sits in relation to being sent onto the next stage of its implementation. Whereas this request by the West Side Business Ass. to Council has already been properly dealt with by Council, I therefore bring forward the following motion: That staff prepare and advertise for a public hearing required to create a Business Improvement Area in West Saint John and that this be advertised within the next 5 working days. Respectfully, (received via einai6) Bill Farren Councillor, Ward 1 `I,hc City of Saint John -F t~ SAINT JOHN P.0, Box 1971 Saint Jahn, NB Canada E L 4L1 I vwww-v.saintJohn.ea I CA 1971 Saint. Jahn, N.-B. Canada E2L 4L1 266 ~J The City of Saint John March 11, 2009 Your Worship Mayor Ivan Court and Fellow Members of Council Re: Public Inauirv into Citv Pension Plan Your Worship, as you know in November of 2005 a motion was passed by this Council that a committee of three be established to bring back to a recommendation of engaging independent Legal counsel to explore the feasibility of proceeding to a public inquiry of the City of Saint John Pension Plan under our City's legislation. This motion was referred to the Nominating Committee for selection of the committee members. I am wondering when the Nominating Committee will be dealing with this issue and I want to state that I am willing to sit on this new committee. Motion: That a discussion be had on this issue and this document be received and filed. Respectfully, (received via email) Bill Farren Councillor, Ward 1 The City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wn w.saintyahn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 267 ti T~4(./~•- The City of Saint John 3/12/09 Your Worship Ivan Court Members of Common Council City of Saint John Lear Mayor Court and Members of Council Motion: Staff employed by the City of Saint John shall answer the question of a member of Common Council unless; 1) The information would breach the province of New Brunswick's Protection of Personal Information Act. 2) Gathering the information would take significant time away from the employee's regular duties. In the ease of #1 above the particular section of the Protection of Personal Information Act shall be referenced.. In the case of exception #2 above, the employee shall provide a time when the information will be available. In order for councillors to research practices and policies followed by the Corporate City of Saint John they must have ready access to information. Cooperation from staff is essential for the crafting of good policy. I have found responses from staff to be inconsistent to my requests for information. While most staff I have worked with have been very cooperative and helpful, f have heard the line "if that is Council's wish" more than once, and then not had a reply to my question. Through this motion I would like to make it plain that staff shall respond to individual Councillor's requests for information. It is difficult to awake informed decisions without information, and an inefficient use of time to bring difficult decisions to Council. With this motion as POLICY for the City of Saint John, staff may be held directly accountable should they decide not to supply the requested information, Respectfully Submitted (received via eonail) r Sullivan SAINT JOIN RO. Box 1971 Saint John, NB Canada E2L 4L1 I ww.+w,saintlohn.ca I CA 1971 Saint John, N.-B. Canada ER 40 268 CHAPTER P-14.1 Protection of Personal Information Act CHAPITRE P-19.1 Lai sur la protection des renseignements personnels ;assented to 1aebruai-v 26, 1998 Chapter Outline Definitions ...1(11 agent -agent personal information - renseignernent personnel public budy organisnte public Statutory Code of Practice Code de pratique statutaire Identifiable iudividuaL l (2), (3) Statutory Code ol'Practicc... . . .....2 Ornbudsinan.. . . . . . 3 Ri hl to lratin-merlion .4c.l. . . . . 4 Other Act or law .....5 Offences . . . . . . . . . . . . . . . . . . .6 Regulations .....7 Consequential amendments. . . . . . . . . . . . . . . . . . .8,. 9 C'ornmencement . . . . . ....l0 SCHEDULE A SCHEDULE B Scinc•tionnee le 26fivricr 19981 Sen-i111aire Munitions ...1(l ) agent agent Code de pratique statutaire - Statutory Code of Practice organisme public public body renseignement personnel - personal information Particulier identifiable 1(2).(3) Code de pratique statutaire . .2 Onlbudsimn.... . .....3 Loi sur tc droi£ ri Piglbrrilulirm . . . . ...4 Autre loi ou droil . . . . . . . . .5 Infractions, . . . . . . . . . . . . . . . . .....b l'~eglerne;nts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Modifications correlatives . . . . . . . . . . . . . . . . . . . . . . . .8, 8,9 Env& en vigueur . . . 10 ANNEXE A ANNEXE B 269 Cha1a. P-19,1 Loi sur lo prolection cles renseigneincnts per•SorrnelS Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick;., enacts as fol- lows: 1(l) In this Act "agent" means (a) a person who collects personal information for a public body, and (h) a person to whom a public body discloses personal information so that the person may provide a service on behalf of the public body; "personal infornation" means information about an identifiable individual, recorded in any form; "public body„ rneans (a) a body to which the Right to Ira%orratation ,stet ap- plies, and (h) any other body, designated by regulation, that is established by a body referred to in paragraph (a) or by a public Act of New Brunswick, "Statutory Code ofPractice" means the code of practice set out in Schedule A, Sa Majesty, Sur 1'avis et du consentement de t'A.ssern- We ]cgislative du .Nouveau-Brunswick, dccrcte : 1(l) Fans la presente loi « agent » designe (r) une personne qui recucille des renseignements per- sonnels pour un organisrne public, ct h) une personne a qui un organisme public divu'Igue des renscignements personnels pour qu'elle puisse ren- dre un service au nom de l'organisme public; a Code de pratique statutaire » designe le code de pra- tique etabli a I"Annexe A; orgarlisme public s> designe ct) un organisme auquel la Loi star lc" clroit it l Vglbr- nrcrtion s'applique, et h) tout autre organisms, designs par reglement, qui est etabli par un organisme vise n 1'alinea a) ou par une loi d"interet public du Nouveau-Brunswick; u renscignement personnel » dcsigmc tn7 renscignement sur un particulier identifiable, enregistre sous quetque forrne que se soil. 1(2) Information that relates to an identifiable individual but is collected, used or disclosed in a form in which the individual is not identifiable is not personal information when so collected, used or disclosed, 1(3) An individual is identifiable for the purposes of this Act if (a) information includes his or her name, (h) information makes his or her identity obvious, or (c) information does not itself include the name of the individual or make his or her identity obvious but is likely in the circumstances to be combined with other information that does, 2(l) Every public body is subject to the Statutory Code of Practice. 1(2) Les renscignements qui eoncernent un particulier identifiable mais qui sent recucittis, utilises ou divulgues sous une forme daps laquelle le particulier nest pas iden- tifiable ne constituent pas des renseignements personnels lorsqu'ils sont recucillis, utilises ou divulgucs de cette fa- on. 1(3) Un particulicrest identifiable aux fans de la presente loi si des renseignernents a) cornprennent son nom, h) rendent evidente son identite, ou c) ne comprennent pas son nom ou ne rendent pas evidente son identite mais soot susceptibles daps les circonstances d'etre adjoints d d'autres renseignements qui cornprennent son nom ou rendent son identite evi- dente. 2(I) Tout or'ganasme public est sournis au Code de pra- tique statutaire.. 2 270 Protection of Personal hrfi)rmalion Act 2(2) The Statutory Code of Practice shall be interpreted and applied in accordance with Schedule B and with any regulations made under paragraph 7(b). 3(l ) The C7mbudvman Act applies to this Act and to the activities of any public body under it, whether or not that public body is otherwise subject to the 0117l udm7an Act. 3(2) Subject to sections 4 and 6, any complaint of"a vi- olation of this Act shall be made to the Ombudsman. 4(1) In relation to a public body to which the Right to Irrf n-ination Act applies, an individual may enforce under that Act any right to information that this Act confers. 4(2) Subsection (1) does not confer any right to obtain under the Ris;ht to Ir7fi)nnation Act information to which there would not otherwise be a right unifier that Act. 5(1) Nothing in this Act displaces any duty of confiden- tiality that exists in relation to personal information under any other Act or law. 5(2) Where another Act confers on a public body, or an officer or employee ofa public body, a discretion that may be exercised in relation to personal information, that body or person shall have regard to this Act in the exercise of that discretion, to the extent that the other Act allows. 6(l) A public body, or an officer, employee or argent of a public body, who collects, uses or discloses personal in- formation in wilful contravention of Principles 3, 4 or 5 of the Statutory Code of Practice commits an offence pun- ishable under Part 11 o~fthe Provincial C)fft~ncc Procedure Act as a category F offence. 6(2) A person to whom a public body discloses personal information on terms that lianit the further use or disclosure of the information, and who wilfully contravenes those terms, commits an offence punishable tinder Part 11 of the Provincial Qjer7ces Procedure Act as a category F of- fence. 7 The Lieutenant-Governor in Council may snake rcgu- lations Chap P-19.1 2(2) Le Code de pratique statutaire doit titre interprets ct applique confonnement a ]'Annexe B et a tous regle- rnents 6tablis en vertu de Palinea 7b). 3(1) La Loi star ['01771 utisrntan s'applique a la presente loi et aux activites de tout organisme public etabli sous son regime, que cet organisme soft ou non assujetti de toute autre maniere a ]a l of sur 1'[7ratbtta`;sman. 3(2) Sous reserve des articles 4 et 6, toute plainte contre Line infraction a la presente loi doit ctre portse levant FO nbudsman. 4(7) Un particulier peat, relativement a un organisme public auquel la1.oisur ledroit u I "infr"rrmation s'applique, exercer en vertu de cede loi tout droit a Pinformation que confere la presente loi. 4(2) Le paragraphe (1) tic confere aucun droit d'obtenir des renseignements en vertu de la Loi stn- Ie droit 6 1'in- 1607101iOH qui tie pourraient de toute autre fa~on care obtenus en vertu de cette loi. 5(1) Aucune disposition de ]a presente loi tie supprinne ]'obligation de contidentialite a FBard des renseigne- ments personnels imposee par toute autre loi on droit. 5(2) L.orsqu'une autre loi accorde a un organisme pu- blic, ou a un dirigearit ou a tan employe dun organisme public, un pouvoir discrstionnaire qui petit titre exerce re- lativement a des renseignements personnels, cet orga- nismeou cette personne doit prendre en consideration la presente loi Bans 1'cxercice de cc pouvoir discretionnaire, daps la mesure ou Fautre loi lc pertnet. 6(l) Comtnct une infraction punishable en vertu de la Partie 11 de ]a Loi stir 1a proc~ lure relative aux hifiwc•tions provinciales a titre ('infraction de la classe T', tout orga- nisme public, ou tout dirigeant, tout employe ou tout agent d'un organisme public qui recucille, utilise ou divu(guc des renscignetnents personnels en contravention d6liber6c du Principe 3, 4 ou 5 du Code do pratique statutairc. 6(2) Com.met unc infraction punishable en vertu de la Partic 11 do IaLoi sur lahrocedure relative anx igfractions I)rovinciale,s a titre d'infraction de la classc F, toute per- sonne a qui un organisme public divulgue des renscigne- ments personnels a des conditions qui limitent ]'usage ou la divulgation ultdrieurs des renscignements et qui dclibs- rcment contrcvient a ces conditions. 7 Le lieutenant-gottverneur en conseil peut etablir des reglements 271 Chap. P-19.1 Loi surr la protection cles renseignements persolmels (a) designating bodies as public bodies, a) designant des organismes a titre d'organisrnes pu- blics; (h) snaking special provision respecting the interpre- tation and application of the Statutory Code of Practice in relation to h) prenant des dispositions speciales relativement a Pinterpretation et a l'application du Code de pratiquc statutaire relativement (i) particular public bodies, (ii) particular kinds of personal information, or (iii) particular activities involving the handling of personal information; (c) respecting forms to be used under this Act; (d) respecting procedures to be followed under this Act; (c) respecting fees payable under this Act; (f) respecting exemptions from this Act for personal information, or for any arrangement for the manage- ment of personal information, that exists on the com- mencement of this Act. 8(1) Section 1 of the Archives Act, chapter A-11.1 q f, the Acts of New Brunswick, 19 77, is amended. (a) by adding= after the definition "hospital corpo- ration "tire following: "identifiable individual" means an individual who can be identified by the contents of information because the information (cr) includes the individual's name, (h) stakes the individual's identity obvious, or (c) is likely in the circumstances to be combined with other information that includes the individual's name or stakes the individual's identity obvious; (b) by repealing; the definition "personal informa- tion " andsubstituting the following: (i) a des organismes publics partiersliers, (ii) a des genres particuliers de renseignements personnels, ou (iii) Ades activites pas-ticulieres comportant le. trai- tement des renseignements personnels; c) concernant les formules A Utiliser en vertu de la presenteloi; d) concernant les procedures a sUivrc en vertu de la presente loi; e) concernant les droits a payer en vertu de la presente loi, f) concernant les exemptions a la presente loi en ma- ticre de renseignements personnels ou de n,esures rela- tives A la gestion des renseignements personnels, qui existent logs do 1'entree en vigucur de ]a presente loi. 8(1) L'article I de la Loi sur les Archives, ehapitre A-11.1 des Lois der Alouveau-Brunswick de 1977, est modif i a) par l'adjonction apres la definition as Ministre u de ce qui suit : particulier identifiable » designe rrn particulier qui peut Metre identifie par le contenu de renseigncinents qui a) cornprennent son nom, h) rendent son identite evidente, on sont suseeptibles daps tes circonstances rl'etre ad- joints a d'autres renseignements qui comprennent son nom ou rendent son identite evidente; b) par l'abrolation de la definition as renseignement personnel o et son remplacenrent par ce qui writ : "personal information" means information about ail <r renseignement personnel » designe un renseignement identifiable individual; sur un particulier identifiable; 4 272 Protection o,l'PerronalInfin-mation Act Chop. P-19.1 8(2) Subsection 10(-3)oftheActisamended byadding 8(2) Le paragraphe 10(3) de la Lai est modiflW par after paragraph (b) the following: Padjonction apres Palinea b) de ce qui suit : (1).1) would reveal personal information concerning the applicant that (i) was provided by another person in confidence, or is confidential in nature, or (ii) could reasonably be expected to threaten the safety or mental or physical health of the applicant or another person; 9(l) Section 1 of the Right to InforrnationAct, chapter R-10.3 of the Acts of Nero Brunswick, 1978, is amended (a) by adding after the definition "hospital corpo- ration " the. following: b.1) pourrait devoiler des renseignements personnels sur le demandeur- qui (i) ont ete fournis par une autre personne a titre confdentiel, ou qui sort de nature confidentielle, ou (ii) pourraient raisonnablernent menacer la secu- rite ou la santd rmentale ou physique du demandeur° ou d'une autre personne; 9(1) L'article 1 de la Loi srzr le droit d l'irzfor•niatiorr, chapitre R-10.3 des Lois du Nouveau-Brunswick de 1978, est rrzodifre et) par Pu4jonction apres la definition o winistre competent r, de ce qui suit : "identifiable individual" means an individual who can « particulier identifiable r> designe un particulier qui be identified by the contents of information because the peut titre identifie par le contenu de renseignements qui information (a) includes the individual's narne, (h) makes the individual's identity obvious, or (c) is likely in the circumstances to be combined with other information that includes the individual's name or snakes the individual's identity obvious, (b) bjr repealing the definition "personal informa- tion "and substituting the following: "personal information" means information about an identifiable individual; a) comprennent son nom, 17) rendent son identite cvidente, ou c) sent susceptibles Bans les circonstances d'etre ad- joints a d'autres renscignements qui comprennent sont nom ou rendent son identite evidente; b) par Pabrogation rte la definition a renseignement personnel o et son remplacement par ce qui suit : « renscigncrnent personnel » designs un renscigncrnent sur un particulier identifiable. 9(2) The Act is amended by adding after section 2 the 9(2) La Loi est rnodifice par l'adionction apres l'arti- following: cle 2 de ce qui suit : 2.1 Without limiting section 2, subject to this Act, every 2.1 Sans restreindre la portee de ]'article 2 et sous re- individual is entitled to request and receive information serve de la prdsente loi, tout particrrlier a le droit de about himself or herself. demander et de recevoir toute information sur tui-mernc. 9(3) Section 6 of the Act is amended by adding after paragraph (b) the following: 9(3) L'article 6 de la Loi est modifre par Pagljonction apres Palirrea b) de ce qui writ : (b. 1) would reveal personal information concerning the applicant that (i) was provided by another person in confidence, or is confidential in nature, or b.1) pourrait devoiler des retiseignements personnels concernant le dernandcur qui (i) ont etc fournis par uric autre personne a titre confidentiel, ou qui sont de nature confidentielle, ou 273 Ch(q). P-19,1 Loi sarr• lei Pr'oteCtivrr cleS rWtsei nemen(v personnels (ii) could reasonably he expected to 'threaten the (ii) pouzraient misonnahlement menacer la secu- safety or mental or physical health of the applicant rite ou la sante mentale ou physique du demandeur or another person; ou d'unc autre personnc; 10 This .let or any provision of it comes into.foree on 10 La presente loi ou Pune guelcongare de ses dislrosi- a clan or dizvs to be f ved bj, proclamation. tiorzs entre era vigueur c la date ou arrx dotes frxeec par proelumatiom 274 Pr°otectiort ol'Persoiwl hifi -malion .9ct Chap. P--15.1 Schedule A Annexe A The Statutory Code of Practice Code de pratique statutaire Principle 1: Accountability A public body is responsible for personal information un- der its control. The chief executive officer of a public body, and his or her designates, are accountable for the public body's compliance with the following principles. Principe I : Responsabilite Un organisme public est responsable des renscignernents personnels dont it a la gestion. Lc directeur- cxecutif d'un organisrne public et ses representants doivent s"assurer du respect par Forganisnic public des principes suivarits. Principle 2: Identifying Purposes The purposes for which personal information is collected shall be identified by the public body at or before the time the information is collected. Principle 3: Consent The consent of the individual is required for the collection, use, or disclosure of personal information, except where inappropriate. Principle 4: Limiting Collection The collection of personal information shall be limited to that which is necessary for the purposes identified by the public body, Information shall be collected by fair and lawful nicans. Principle 5: Limiting Use, Disclosure and Retention Personal information shall not be used or disclosed for purposes other than those for which it was collected, ex- cept with the consent of the individual or as required or expressly authorized by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes. Principle 6: Accuracy Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. Principle 7: Safeguards Personal information shall be protected by safeguards ap- propriate to the sensitivity of the information. Principe 2 : Determination des fins de la collecte Les fins pour lesquelles les renseignernents personnels soot recucillis doivent titre d6terniin6cs par- l'organisrne public avant ou au moment do la collecte. Principe 3 : Consentement Tout particulier doit consentir a toute collecte, utilisation ou divulgation de renseignements personnels, a moins qu'il ne soit pas appropric de le faire. Principe. 4 : Limitation do la collecte L'organisnle public ne pent recueillir clue les renseigne- ments personnels necessaires aux fins determinees et doit proceder de fa5:on honn6te et licitc. Principe 5 : Limitation de Putilisation, de la divul- gation et de la conservation Les renseignernents personnels ne doivent pas titre utilises ou divulgues a des fins autres clue celles auxquelles ils ont &6 recueillis, a nioins que le particulier n'y consente ou que la loi ne 1'exige ou ne 1'autorisc expressdrnent. On lie doit conserver les renseignernents personnels qu'aussi longtemps que necessaire pour la r6alisation des fins de- terrninees. Principe 6 : Exactitude Les renseignernents personnels doivent titre aussi exacts, complets et a jour que 1'exigent les fins pour lesquelles ils doivent titre utilises. Principe 7 : Dispositifs de protection Les renseignernents personnels doivent titre proteges par des dispositifs de protection correspondant a leur degrc de sensibihte. 275 Chop. P-14.1 Loi sur la protection ele.s 1•ci2scigncinent.s p r,sonnety Principle 8: Openness Principe 8 : Transparence A public body shall inake readily available to individuals specibc information about its policies and practices relat- ing to the management of personal information. Un organisnic public doit met.tre a la disposition des par- ticuliers des renseignerncnts pr6cis sur ses politiques et ses pratgces concernant la gestion des renseignements per- sonnels. Principle 9: Individual Access Upon request, an individual shall be inforined of the ex- istence, use and disclosure of his or her personal intbrina- tion and shall be given access to that information, except where inappropriate. An individual shall be able to chal- lenge the accuracy and completeness of the information and have it amended as appropriate. Principle 111: Challenging Compliance An individual shall be able to address a challenge con- cerning compliance with the above principles to the indi- vidual or individuals accountable for the public body's compliance. Principe 9 : Accits individuel Un organisine public doit informer tout partierrlicr° qui en fait la demande de Pexistence de renseignernents person- nels qui le concernent, de ]'usage qui en est fait ct du fait qu'ils on( eta divtdguds a des tiers et lui perinettre de les consulter, a rnoins qu'il ne soit pas approprie de le faire. 11 sera aussi possible do contester- 1'exactitude et 1'etat cornplet des renscignernents et d'y faire apporter les cor- rections approprices. Principe 10 : Possibilite de porter plainte contre le non-respect des principes Tout particuher doit titre en rnesure de se plaindre du non-respect des principes indiqurs plus haut en commu- niquant avee le ou les particuliers responsables de les faire respecter au scin de 1'organisme public. 276 Pr oteclion of Personal Iglbrination Act Owl), P-19.1 Schedule B Annexe B Interpretation and Application of Interpretation et application du the Statutory Code of Practice Code de pratique statutaire The provisions of the Statutory Code of Practice that are referred to in this Schedule shall be interpreted and applied in accordance with this Schedule. .Les dispositions du Code de pratique statutaire qui sont visecs dans la presente annexe doivent titre interpretees et appliquecs conformdment a la presente annexe. Principle 2: Identifying Purposes 2.1 The purposes identified by the public body must di- rectly relate to an existing or proposed activity of the public body. 2.2 The public body must document, in relation to any personal records system, the purpose or purposes for which the personal information in the system is held. 2.3 A "personal records system" is a computerized or manual records system which contains information about individuals and which is structured in such a way that in- formation about specified individuals can be easily recov- ered. Principle 3: Consent 3.1 Consent may be express or implied. 3.2 The actions for which consent can be implied are those that an individual should reasonably expect the pub- lic body to take, and would be unlikely to disapprove of, having regard to (a) the nature of the personal information in question, including whether it is or is not sensitive or confidential, (b) any benefit or detriment to the individual, (c) any explanation that the public body has given of its intended actions, (d) any indication that the individual has given of his or her actual wishes, and (e) the ease or difficulty with which the actual wishes of the individual might be discovered. 3.3 Consent can be given by a parent, guardian or other representative of the individual in appropriate circurn- stances. Principe 2 : Determination des fins de la collecte. 2.1 Les tins determinees par 1'organisme public doivent se rattacher directernent a Line de ses activites existantes ou proposdes. 2.2 L'organisme public doit documenter, relativement a tout systeme d'enregistrement des renseignernents per- sonnels, la ou les fins pour lesquelles les renseignements personnels sont conserves dans le systenne. 2.3 Un a systenie d'cnregistrernent des renseignernents personnels est un systr me d'enregistrement informatise ou rnanuel qui contient des renseignernents sur des parti- cutiers et qui est organise de manidre it dormer facilement acces a des renseignemcnts sur des particuliers spccifi- ques. Principe 3 : Consentement 3.1 Un consentement peut We expresso ou tacite, 3.2 Les ►nesures pour lesquelles un consentement petit titre tacite sont celles que to particulier devrait raisonna- blement s'attendre A voir prendre par Porganisme public, et qu'i1 n'est pas susceptible de desapprouver, cu egard a a) la nature des renseignernents personnels err ques- tion, y compris la question de savoir si les renseigne- ments ont ou non Line nature sensible ou confidentielle, b) tout avantage ou inconvenient pour lc particulier. c) toute explication que 1'organisrne public a donne des mesures qu'il entend prendre, d) toute indication que le particulier a donne de scs desirs reels, et e) la facilite ou la diffrculte aver laquelle les ddsirs reels du particulier peuvent ctre identifies. 3.3 Un consentement pent titre donne par urn parent, un tuteur ou un autre representant du particulier selon les cir- constances. 277 Chap. P-19..1 l.oi sur laprolection des renseignements personnels 3.4 Consent is not required when a public body collects, 3.4 Un consentement nest pas requis lorsqu'un or-,-,a- uses or discloses personal information nisrne public rectieillc, utilise ou divulguc des renscigne- ments personnels (ca) to protect the health, safety or security of the pub- lic or of an individual, (11) for purposes of an investigation related to the en- forcernent of all enactment, (c°) to protect or assert its own lawful rights or those of another public body, including lawful rights against the individual. (d) to verify the individual's eligibility for a govern- ment program or benefit for which the individual has applied, (c:) for purposes of legitimate research in the interest of science, of learning or ofpublic policy, or fair archival purposes, (J) as required or expressly authorised by law, or (g) for some other substantial reason in the public in- terest, whetheror not it is similar in nature to paragraphs (a) to (1), 3.5 A public body may disclose personal information underparagraph 3.4(g) in furtherance of the public interest in open government. U) pour proteger ]a santd ou la security du public ou d'un particulier, h) aux tans dune enquete liee a 1'execution dune inesure ldgislative, c•) pour proteger ou affinner ses propres droits legaux ou ceux d'un autre organisme public, y compris des droits legaux contre le particulier, d) pour verifier l'admissibi]itd du particulier a un pro- gramme au a unc prestation gouvernelnental pour le- quell ]c particulier a fait une demande, e) pour Ics fins de toutc recherche ldgitimc faite dans Pint&& de la .science, de 1'enseignement ou do 1'ordre public ou pour des travaux d'archives, f) tel que requis ou expressement autorise par la loi, ou fir) pour toute autre raison importante daps 1'intyret du public, qu'cllc suit our non seinblable a ccllc des alincas a) a f). 3.5 Un organisme public peut divulguer des renseigne- ments personnels en vertu de 1'alinea 3.4g) dons l'interct du public de rendre le gouvernement plus transparent. 3.6 Before collecting, using or disclosing personal in- formation without consent under paragraph 3.4 or 3.5, a public body shall consider the nature of the information in question and the purpose for which it is acting, and shall satisfy itself that in the circumstances that purpose justifies the action proposed. 3.7 Any collection, use or disclosurcof personal infor- mation without consent shall be limited to the reasonable requirements of the situation. Principle 4: Limiting Collection 4.1 A public body may collect personal information 3.6 Avant de recueillir, d'ut.iliser ou de divulgucr des renseignements personnels sans consenternent en vertu du paragraphe 3.4 ou 3.5, tin organisms public doit prendre en consideration la nature des renseignements en question et la fin des mesures qu'il prend, et doit se convaincre que dans les circonstances cette fin justifie Ies mesures proje- tees. 3.7 Toute collecte, toute utilisation ou toute divulgation de renseignements personnels sans consentement doit se limiter aux exigences raisonnables de la situation. Principe 4 : Limitation de la collecte 4.1 Un organisme public peut recueillir des renseigne- Inents personnels aupri s (ca) from the individual, 0 du particulier, 10 278 Protection raf 'Per.`onul hifbrinution ,4ct (h) from another person with the individual's con- sent, (c°) from a source and by means available to the public at large, (d) from any source if the public body is acting under paragraphs 3.4 to 3.7. 4.2 An individual shall not be refused a service or benefit because he or she declines to provide personal information which is not necessary for a legitimate purpose of the pub- lic body. Principle 5. Limiting Use, Disclosure and Detention 5.1 A public body may discharge its obligation not to retain personal information by converting that information into non-identifying; form. 5.2 personal information that is maintained outside a personal records system and is not readily accessible to a person who has no prior knowledge of' the information shall be decried to be converted into non-identifying form when the use of the information ceases. Principle 7: Safeguards 7.1 The safeguards to be adopted include training and administrative, technical, physical and other measures, as appropriate in the circumstances, and include safeguards that are to be adopted when a public body discloses per- sonal information to a third party or snakes arrangements for a third party to collect personal information oil its be- half. Principle 9: Individual Access 9.1 A public body to which the Right to Iglbrination .4et applies may only refuse to provide an individual with personal information relating to himself or herself if the individual would have no right to that information under the Right to InIbrrrrcrtion Act. 9.2 A public body to which the Right to Igl'orinotion .4et does not apply shalt establish a procedure comparable to the procedure in that Act for the purpose of ensuring Chap, P-19.1 h) d'une autre personne avee le conscnterrient du par- ticulier, c•) dune source ct par des nloyens qui sont a la dis- position du grand public, d) de touts source si Porganisrne public agit en ver_u des alincas 3.4 a 3.7. 4.2 11 est interdit de refuses tout service on totIte presta- tion a un particulier qui refuse de fournir des renseigne- ments personnels qui ne sont pas necessaires pour UnC fill legitirnc de 1'organisiric public. Principe 5 : Limitation de l'utilisatlon, de la divul- gation et de la conservation 5.1 Un organistnc public pent satisfaire a 1'obligation de ne pas conserver des renseignements personnels en con- vertissant ties renscignernents sous unc forne non identi- fiable. 5.2 Les rensei,gnernents personnels qui sont conserves en deliors d'un syst4me d'enregistreinent des renseigne- ments personnels et qui ne sont pas facilernent accessibles a une personne qui n'a pas de connaissance prealable de ces renseignerents sent reputes titre convertis sous une forme non identifiable lorsque 1'usage des renseignements cesse. Principe 7 : Dispositifs de protection 7.1 Les dispositifs de protection qui doivent etre adoptes comprennent des mesures de foirnation et des mesures ad- ministratives, techniques, physiques et autres, comme it convicrit daps les circonstances, et comprennent les dis- positifs de protection qui doivent titre adoptes quand un organisme public divulgue des renseignements personnels a un tiers ou prend des mesures pour qu'un tiers recucille des renseignements personnels en son norm. Principe 9 : Acces individuel 9.1 Un organistnc public auquel la Los" sur le droit 6 Vhafwniation s'applique ne peut refuscr de fourtir a un particrdier des renseignements personnels qui le con- cement girc Si le particulier n'a aireun droit de les avoir en vertu de la Loi stir le droit a I 'h?i 6rniatioai. 9.2 Un organisme public auquel la Loi sur le droit 1i l 'irr&rmation ne s'applique pas doit etablir une procedure comparable a Celle de cette Lai pour s'assurcr clue les par- 279 Chap. P-19.1 Loi sur lei protection d6es renseignerrrerrts personnels that the individual can obtain access to information about ticuliers peuvent avoir accts aux renscigncments qui les himself or herself. concernent. 9.3 The procedure established under paragraph 9.2 may include exceptions to access comparable to those in the Right to lglbrination Ael. 9.3 La procedure etablie au paragraphe 9.2 peut com- prendre des exceptions a l'acccs aux renscignements per- sonnels comparables ii celles de la Lui sur le th,oit u 1 'irr fr~r•rnat ia~. 9.4 When an individual has made a challenge to the ac- curacy or completeness of personal information relating to himself or herself but has not satisfied the public body that an amendment is appropriate, the public body shall note that the individual disputes the information in its posses- sion. Principle 10: Challenging Compliance 10.1 A public body shall investigate in good faith the complaints it receives about its management of personal information and shall take appropriate measures if a com- plaint is found to be justified. N.B. This Act was proclaimed and came into force April 1, 2001. N.B. This Act is consolidated to March 31, 2001. 9.4 Lorsqu'un patliculier a conteste ]'exactitude ou 1'etat complet de renseignements personnels qui le con- cernent mail qu'il n'a pas convaincu l'organisine public qu'une modification s'imposait, l'organisme public doit noter que le particulier conteste les renseignements en sa possession. Principe 10 : Possibilite de porter plainte contre le non-respect des principes 10.1 Un organistme public doit faire unc enquete de bonne foi sur les plaintes qu'il re~oit sur sa gestion des renseignernents personnels et doit prendre les rncsures ap- proprices s'il s'avere qu'une plaints cst jttstifiee. N.B. La presente loi a ete proclamee et est entree en vi- gueur le 1" avri1200 1. N.B. La presente lei est r-efondue an 31 mars 2001. Q(Ii:[.:N', PRI* ITH H)R N17\t tI120.'NS'WIC'K ' IMI'Ri':I RIR DF I..1 R.IT~F N)LIR U: N(il XFAU-BRINS'\\ 1C'K All riLihts reserved / Toes draits re serve s 12 280 ~s The City of Saint Jahn 3/12/09 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council I am deeply concerned with lack of follow through on several motions passed by Common Council. A promised "teach in" on getting questions answered has not materialized, a committee has not been struck to engage a lawyer to investigate the possibility of a pension plan audit. and after two months there is still no obvious place to recycle at all of our facilities. I realize that as we pass motions in council it adds to workload however these are the marching orders for our staff. My expectations are not consistently being met with regard to either the completion of the motion or a follow up at a reasonable time to update council on the progress to date on the stated initiative. I do not believe it is Council's responsibility to chase staff to find out the status of a duly passed motion, but that it is the responsibility of staff to carry out the instructions in a reasonable time frame (if not expressly stated in the motion) or within the time fame given in the motion. Recommendation Committee of the Whole, in closed session direct our 4 Senior Staff to ensure that the above principals be followed with regards to Council Motions. Respectfully Submitted (received via einail) Clary Sullivan SAT NT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 N www:saintjohn.ca ~ C. 1971 Saint John, N.-B. Canada E2L 41L1 281 0 The City of Saint John March 12, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: West Saint John Recreational Opportunity - Lancaster Kiwanis Field Project With the apparent recreational renaissance occurring in Saint John it would seem to be an appropriate time to examine a recent recreational opportunity put forth by the West Side Community. Led by the Lancaster Kiwanis, through its former President Mr. Jim Sullivan, a significant amount of work was completed on this project. One of the key elements of this project was a synthetic turf field. Currently, the project has lost some momentum but Mr. Sullivan is more than willing to discuss its merits with City officials. Motion: That the City Manager convene a meeting with Mr. Sullivan and appropriate City Staff to discs' he Lancaster Kiwanis Field Project A^~A r Res ctfully submitt~q r I~ Peter McGuire Mll SAINT JOHN P.O. Box 1971 Saint John, NB Canada F2L 40 j www.saintjohn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 282 .-r x ks . . The City of Saint John March 12, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re. West Saint John Economic Development Several months ago I made a motion, which was unanimously adopted by Council, that requested Enterprise Saint John to assign a staff person to examine the economic needs of the West Side of the City. This was to also include the Lower West Side of the City. I am very pleased to inform Council that Mr. Jay Reid has been selected by Enterprise Saint John as their resource person for the West Saint John economic file. Jay is a graduate of UN'BSJ, a West Side resident and has a strong background with both the government and the private sector. He is an extremely strong choice for this needed economic development function. Motion: That this report be received for information Respectfully submitted, Peter McGuire as SAINT JOHN RO.. Box 1971 Saint John, NB Canada E2L 40 N vvww.saintjohn.ca CA 1971 Saint Jahn, N.-B. Canada E2L 4L1 283 O 1 AI^ The City of Saint John March 12, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Westfield Road - area Snow Clearance for Roads and Sidewalks As Mr. Groody prepares his report to Council examining snow clearance for roads and sidewalks I must advocate for the above identified area. Its rural nature does provide some unique challenges but it appears to be an area in need of a new model of operational support. My advocacy to some degree is based upon the number of contacts sent to me over the past several weeks but to a greater extent, the abandonment felt by residents. Motion: That this report be received for information Respec#ullyubmitted, m J eter PV1cGulr SAINT JOHN P~ P.J. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca N C.P. 1971 Saint John, N.-B. Canada E2L 40 284 r" The City of Sant John March 16, 2009 His Worship Mayor Ivan Court And Councillors Subject: Proposed Business West Side Improvement Area Your Worship and Councillors, Background The Saint John West Business Association Inc. began the process of requesting a Business Improvement Area (BIA) for a portion of the west side in 2006. Discussions have taken place on this matter at Council and between the association and City Manager, and the attached reports provide some history on this subject. Based on the City Manager's research and experience of BIA, Council's direction in November 2007 was to advise the West Side Business Association to consider a smaller more focused area. The City Manager had discussions with the association as a result of Council's direction, however the association continued in its assertion that the larger area was appropriate. The City Manager reported this to Council in March, 2008. As a result of this report Council passed the following resolution on March 17/18, 2008. "That as recommended by the City Manager, advertisements be prepared for a Public Hearing required to create a Business Improvement Area in West Saint John in the larger area illustrated in the submitted sketch as requested by the Saint John West Business Association". Subsequent to March 2008, 1 had ongoing communication with the Saint John West Business Association to collect the necessary documents to prepare for the advertisement. The proper documentation was finalized in the fall of 2008 at which time I contacted the province to advise them of our intention to advertise the proposed BIA. Mr. Wayne Smith of the Provincial Department of Local Government communicated to me that he thought the proposed area was too large and inappropriate, and wanted to meet with the association to discuss the matter. Discussions between the province and the association took place, and early in 20091 was advised by Mr. Smith that he met with the association and advised that he would not be recommending the BIA as it is proposed. I then contacted Mr. Boyle of the association and he informed me that he would be addressing the issue at their March meeting, and would advise of the outcome. Mr. Boyle called me last week to inform me that, notwithstanding Mr. Smith's recommendation, the membership of the association resolved not to alter the area in its request for the BIA. W' SAI N, j OH P.O. Box 1971 Saint John, NB Canada E2L 4L1 I mvw.,auntjohn.ca I CA 1971 Saint John, N.-B. Canada ER 41-1 285 Summary Mr. Smith of the Department of Local Government advised that the proposed area is not appropriate under the Business Improvement Area Legislation, and that he will not be recommending approval to the Minister. The West Side Business Association has advised that it is not prepared to alter its application. As directed by Council the advertisement is prepared, and we now need Council's direction to advertise the proposed West Side Business Improvement Area or to deny the request of the Saint John West Side Business Association as submitted. Sincerely, Elizabeth Gormley Common Clerk attachments 286 M & C - 2008-44 March 12, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Westside Business Improvement Area (BIA) BACKGROUND: On November 19, 2007 a report recommending that a potential BIA on the Westside be more focused on a smaller area was tabled to facilitate further discussions with the Saint John West Business Association. On December 10, 2007 a number of staff and councillors attended the Association's regular meeting to discuss the proposed BIA and provide an update on the proposed Simms Corner reconstruction. The representative attending this meeting was firm that the larger area would be appropriate for West Saint John. It was felt that the larger then normal area was appropriate given the character of the Westside business community. While reservations were expressed with respect to provincial approval being granted, staff undertook to recommend the necessary advertisements and Public Hearing for the larger area. RECOMMENDATION: That advertisements be prepared for a Public Hearing required to create a Business Improvement Area in West Saint John in the larger area illustrated in the attached sketch as requested by the Saint John West Business Association. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A City Manager JRB/mmf 137 287 Report to Common Council March 12, 2008 Page 2 s j` I 1 fir( ~f, 138 288 REPORT TO COMMON COUNCIL la 484 M & C - 2007-369 b. November 16, 2007 City of Saint john His Worship Mayor Norm? Rc. ; a :lane and Members of Common Council Your Worship and Councillors: SUBJECT: Saint John WVe;t BIA BACKGROUND: On September 10, 2007 a requ s was received to designate the significant portion of West Saint John as a Bus:n s Improvement Area. This in fact was the second request and is larger than a • eq a _t made in 2006. At that time the Saint John West Business Association ai, t een requested to consider a reduced area. ANALYSIS: The map submitted was hi map has been drawn illust requested. This area is too The Province has passed legisl, more Business Improvemen. A business but focus in on the are area on the attached plan ills A Saint John. The designation of additional tax onto all come :er considered. i on a generic "Google" printout. The attached larger area encompassing all of the properties a BIA area and can not be supported. in which allows municipalities to create one or s (BIA). These areas do not typically include all with concentrated business cluster. The darker s the concentrated business cluster in West !IA area allows for the imposition of an properties and therefore needs to be carefully It should be noted that the L pt BIA includes the most concentrated core only and not all the business area I Golden Ball Building, Crown Street and Prince Edward Square are not inch A%. 289 Report to Common Council November 16, 2007 Page 2 The Province must also appr )v t roposed BIA designation, and initiell discussion suggests that the larger props s i > not what was anticipated. BIAS in Other areas of the province have a more :o ed area. RECOMMENDATION: That the Saint John West Bu ;in s ; Association be advised of Council's willingness to only consider hen tore focused area outlined in the attached plan. Respectfully submitted, ,T m R. Baird, MCIP Commissioner 7tLPIannin and Deve lo ent ~ Terrence Totten, F.C.A. City Manager !RB/mmf Attachment 290 2~1 0tv Solicitor's Office Bureau de Pavocat nnunicipal March 12, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Inclusionary Zoning At a meeting of Common Council held on January 12, 2009, questions were raised regarding the legal authority for considering the implementation of a zoning model which is commonly referred to as "inclusionary zoning." Accordingly, Common Council adopted the following resolution: RL, OL TED that ul)oii receiving Dr. lrchci 's report oii the current plaul»i»g pi°ocess, that staff provide to Council a report o» the lssite of lulxecl hicollie developsnew, after relleichig legiskitloii oii the subject, to deternihie if it is mkiscible for it to become the preferred model of the immicipalith cf ,Scthit Jolm, especially hi areas ichere poverty alreac1' exists. lii citklitloi?, .S'ali?t.lohii i?oi?- profit housing irill be asked to present to Cowicil, their recommemkitioiis frith respect to besthrcictices for the iumiicipality c f ,Saint Johii. Based on the foregoing resolution, I have reviewed the New Brunswick Community Planning Act (the "Act") in order to determine whether it enables a municipality to incorporate the inclusionary zoning concept in its zoning by-law. Before commenting on the relevant provisions of the Act, it may be helpful to provide a brief overview of the typical features of inclusionary zoning. /2 292 Common Council CAN, solicitor March 12, 2009 Page 2 Re: Inclusionary Zoning The term "inclusionary zoning" refers to a concept legislated in local zoning regulations, pursuant to which a portion of new construction developed in a particular area is to be affordable to people earning low to moderate incomes. In the United States, where inclusionary zoning is prevalent in several jurisdictions, two basic models for inclusionary zoning have emerged: (1) mandatory and (2) voluntary (i.e. incentive-based). In Massachusetts, for example, legislation was introduced in 1969 which permits developers to deviate from certain local zoning restrictions in those municipalities that are identified as having insufficient affordable housing stock (i.e. less than 10%). In New Jersey, a series of judicial decisions based on a novel interpretation of the New Jersey State Constitution required municipalities to use their zoning powers in an affirmative manner so as to provide an opportunity for the constriction of housing stock affordable to people earning low to moderate incomes. These decisions were subsequently codified in New Jersey's legislation. As of the date of writing this correspondence, the leading New Jersey decision has not been judicially considered in Canada, nor have the terms "inclusionary zoning" or "inclusive zoning." In Canada, there are very few examples of inclusionary zoning models. In order to implement such a zoning model, it is first necessary for a municipality to consider whether the provisions of the relevant enabling legislation permit it to pursue such a model. In other words, the ability of the City of Saint John to provide for inclusionary zoning in its Zoning By-Law depends on the authority given to it by the Province of New Brunswick. The authority for enacting a zoning by-law and establishing the parameters of such a by-law's content is set out in subsections 34 to 41 of the Act. In reviewing these provisions, I did not identify any statutory authority under which the City of Saint John could adopt an inclusionary zoning model. In contrast, the British Columbia Legislature, has specifically allowed for municipalities to pursue the adoption of inclusionary zoning under subsections 904 and 905 of its Local Government Act. I understand that very high housing costs and rapid population growth has made it difficult for those earning low to moderate incomes to afford housing in several areas of British Columbia. Subsections 904 and 905 serve as a legislative pressure valve for these challenges. / 3 293 Common Council CAN, solicitor March 12, 2009 Page 3 Re: Inclusionary Zoning in conclusion, I also wish to refer you to the decision of the Supreme Court of Canada in R v. Bell, [1979] S.C.J. No. 44, in which the Court was required to consider the validity of a provision of a municipal zoning by-law that restricted the occupation of a "dwelling unit" to a "family", being defined as "...a group of two or more persons living together and inter-related by bonds of consanguinity, marriage or legal adoption, occupying a dwelling unit." The validity of this provision was challenged by the tenant of a dwelling unit who lived with two individuals who were unrelated to him and contributed to household costs. A majority of the Court found the provision in question to be outside the authority of the municipality because it "was not regulating the use of the building but who used it." Put another way, this provision amounted to "land zoning by people zoning" and, consequently, was not within the scope of the enabling legislation. Based on the foregoing, it is my opinion that the Act does not provide the requisite authority for the City of Saint John to pursue the implementation of an inclusionary zoning model. Consequently, it would be necessary for the New Brunswick Legislature to amend the Act in order to enable municipal zoning by- laws to enact inclusionary zoning provisions. Respectfidly Submitted, John L. Nugent City Solicitor 294 0tv Solicitor' Office Bureau de Pavocat nnunicipal March 12, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Traffic By-Law Amendment Coburg and Waterloo Streets It has been recommended to Common Council that it amend the Traffic By-Law so as to include Coburg and Waterloo Streets in Schedule "A-I - Parking Times 8:00 am to 5:00 pm." Paragraph 113(1)(a) of the Alotor 1 ehicle Act (Chapter M-17) provides that a municipality may make by-laws for regulating the standing and parking of vehicles. Subsection 113(4) of the same act provides that no provision of a by- law is effective until a "traffic control device (i.e. a sign) giving notice of the local traffic regulation is placed upon or at the entrance to the street or portion thereof affected". The City, at subsection 7(5) of its Traffic By-Law, prohibits the parking of a motor vehicle between the hours of 8:00 and 17:00 hours "on the streets between the limits designated in Schedule "A-1" for a period longer than the time specified in the said schedule unless the motor vehicle bears either a valid residential zone parking permit, or a temporary residential zone parking permit". The City put up signage on Coburg and Waterloo Streets indicating 2 hour parking from 8:00 until 17:00, but inadvertently omitted to add these streets to Schedule A-1. Consequently, no parking ticket issued on Coburg and Waterloo Streets can be prosecuted because those two streets do not fall within the ambit of the prohibition at subsection 7(5) as they do not appear in Schedule A-1. /2 295 Common Council march 12, 2009 Re: Traffic By-Law Amendments Coburg and Waterloo Street CAN, Solicitor Page 2 The Legal Department has been working with the Parking Commission on the necessary amendment to the by-law that would ensure successful prosecution of tickets issued on Coburg and Waterloo Streets. The attached amendment will remove Coburg and Waterloo Streets from Schedule A, where they are currently mistakenly located, and place them in Schedule A-1, where they were intended to be. It will also bring the provisions of the By-Law in line with the current signage on Coburg and Waterloo Streets. The amendment also corrects a mistake in the French version of the title of Schedule A-I which currently states "de 8h a 22h", when it should state « de 8h a 17h Common Council may give first and second reading, if it so wishes. Respectfidly Submitted, John L. Nugent City Solicitor Attachment 296 BY-LAW No.: 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 ARRETE No : ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors dune reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By-law of The City of Saint John entitled "A By-law Respecting Traffic On Streets In The Citv of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", enacted on the 19"' day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Farrete de The City of Saint John intitule « Arrete relatif a la circulation dans les noes de The Citv of Saint John edicte conformement a la Loi sur les vMicides a moteur (1973) et modifications afferentes decrete le 19 decembre 2005, est modifie comme suit : 1 "Schedule A - Parking Tunes 8:00 a.m. to 10:00 p.m." is amended by deleting the folloNving Nvords under the folloNving headings: Street Side Limits Time Coburg West Garden St. 2 hr St. to Hazen St. Coburg East Garden St. 2 hr St. to Cliff St. Waterloo Both Richmond 2 hrs St. St. to Brunswick Dr. 2 "Schedule A-1 - Parking Times 8:00 a.m. to 5:00 p.m." is amended by deleting "22H" in the French version of the title of the Schedule and replacing it with "17H". 1 « L' Annexe A - Durees de stationnement de 8 h a 22 h est modifiee par la suppression des mots suivants sous les titres suivants Rues Cote Limites Duree Me ouest de la rue 2 h Coburg Garden a la rue Hazen nee est de la nee 2 h Coburg Garden a la nee Cliff rue des deux de la rue 2 h Waterloo cotes Richmond a la promenade Brunswick 2 « L'annexe A-1 - Durees de stationnement de 8 h a 17 h est modifiee par la suppression des mots « 22H dans la version franraise du titre de 1'Annexe et leur remplacement par les mots « 17H 297 3 "Schedule A-1 - Parking Times 8:(_)(_) a.m. 3 « L'annexe A-1 - Durees de stationnement to 5:00 p.m." is amended by adding the folloNving de 8 h a 17 h est modifiee par Fadjonction des words under the folloNving headings: mots suivants sous les tit res suivants Street Side Limits Time Rues Cote Limites Duree Coburg West Garden St. 2 hr rue ouest de la rue 2 h St. to Hazen Coburg Garden a la St. rue Hazen Coburg East Garden St. 2 hr nee est de la nee 2 h St. to Cliff St. Coburg Garden a la rue Cliff Waterloo Both Richmond 2 hrs. rue des deux de la rue 2 h St. St. to Waterloo cotes Richmond a Brunswick la Dr. promenade Brunswick IN WITNESS WHEREOF The Citv of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le present arrete Citv to be affixed to this bN_--law the day of le fevrier 2009, avec les signatures Februarv, A.D., 2009 signed bv: suivantes Mavor /mire Common Clerk/greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 298 ' e M& C 2009 - 72 March 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Lead Results Update PURPOSE In follow up to the 2008 Annual Water Report which was presented to Common Council on February 2, 2009, the purpose of this report is to provide Council with an update and share publicly the data collected through follow-up testing for lead in drinking water. BACKGROUND During the 2008 Annual Water Report presentation at the February 2, 2009 meeting of Common Council, there was a discussion on lead in drinking water. Within the 2008 Annual Water Report, it was noted that during the water distribution system cleaning and lining project of 2008, some small lead deposits were found. It is believed the lead was the remains of the original pipe installation when molten lead was poured around the joints to secure them, a common practice during early pipe installation. Considering this discovery, Saint John Water staff notified Department of Health officials and discussed a means to further assess the situation. It was agreed that Saint John Water would collect water samples for analyses. Samples were collected by means of uni-directional flushing program which was underway at the time providing the ability to collect a large number of samples for analyses. Samples were collected from various fire hydrants across all of the west water system and from a portion of the east side system and samples were subsequently analyzed. Of the 130 samples collected and analyzed during the uni-directional flushing program, results indicated that some locations had elevated lead levels, four of which exceeded the Guidelines for Canadian Drinking Water Quality. Upon reviewing the results with the Department of Health, it was decided the following actions would be undertaken. ♦ Resample locations that had elevated lead levels to determine if the lead results were due to the presence of lead within fire hydrants (or fire hydrant piping) from which samples were collected or from watermains themselves. (Fire hydrants have internal brass components and brass contains lead). ♦ If the resample result is lower and within acceptable limits no action is necessary. 299 Lead Results Update Mauch 11, 2009 Page 2 However if resample results are elevated, additional samples would be collected on either side of the sample location to isolate the area where results were elevated. A process to understand what may be contributing to the elevated results would begin and options for a solution discussed with Department of Health officials. The Guidelines for Canadian Drinking Water Qualit)7', published by Health Canada on behalf of the Federal -Provincial-Territorial Committee on Drinking Water, cover a wide range of water quality related parameters. Lead is among the chemical parameters listed in the Guidelines. The maximum acceptable concentration (MAC) of lead in drinking water is 10 ug/L (10 parts per billion), measured at the tap. The guideline for drinking water was established to be protective of the most vulnerable population, children. Consuming water over the course of a lifetime (i.e., 70 years) with lead levels at or near the guideline value is considered to be protective of human health.' The World Health Organization has also established a guideline of 10 ug/L for lead in drinking water, whereas the U. S. Environmental Protection Agency has established a drinking water standard of 15 ug/L. ANALYSIS Humans are exposed to trace amounts of lead through air, soil, household dust, food, drinking water and various consumer products. Historically, lead in tin cans and paint were major sources of exposure in food and air respectively. Drinking water is not generally the most significant source of exposure to lead in Canada, however, under certain conditions, lead can leach into drinking water through a process called corrosion.' The major source of lead in drinking water is through leaching of older household plumbing fittings and solders. For example, water from drinking fountains may have higher levels of lead than water from nearby taps, since it may sit in the fountain for a longer period and there may be more soldered joints in a given length of pipe than in household plumbing.' Lead was a common component of distribution systems for many years. Some older neighbourhoods in Canada were serviced by lead service lines. The National Plumbing Code allowed lead as an acceptable material for pipes until 1975 and in solder until 1986.' For the most part, the amount of lead in natural water sources in Canada is very low; however, as noted, lead can leach into the drinking water supply from lead service lines (water pipes that link the house to the main water supply), lead solder in plumbing, or brass plumbing components such as faucets. This corrosion process is affected by a number of factors, including the age of the plumbing system, the chemistry of the water, and the amount of lead leached will also depend on the length of time the water sits in the pipes.' 300 Lead Results Update Mauch 11, 2009 Water Chemistry Page 3 Lead levels in drinking water also depend on the chemistry of the water supply. Lead-based pipes and other plumbing materials are more likely to corrode if the water has a low pH (is very acidic) or if the alkalinity (the ability of the water to stabilize the pH) is too low, as is the case in Saint John. These factors are generally controlled by the utility at the water treatment facility that supplies drinking water, however given the current limited treatment capabilities, Saint John is unable to control pH or alkalinity. Future water treatment facility or facilities will have the ability to adjust water chemistry, in particular, the pH and alkalinity of the water would be carefully controlled at the treatment plant(s) to both reduce corrosion and ensure effective treatment of the water to eliminate health risks from microbiological organisms. Changes in treatment, primarily pH and alkalinity adjustments, alone or in combination with corrosion inhibitors, can significantly reduce the leaching of metals that drinking water comes in contact with such as copper, iron, brass and lead. Raising the pH remains the most effective method for reducing lead corrosion and minimizing lead levels in drinking water. The optimal pH for lead control falls between 7.5 and 9.5, while the optimal alkalinity ranges between 30 and 75 mg/L as calcium carbonate and is typically adjusted in combination with pH adjustment.' The pH of Saint John's drinking water typically ranges between low to mid 6 and the alkalinity around 5 mg/L as calcium carbonate. Drinking Water Sampling Plan Saint John Water collects samples for numerous parameters in accordance with its most recent Clean Water Act Sampling Plan. The Plan is approved and issued by the Department of Health, however management of sampling plan information is the responsibility of the Department of Environment. The approved Sampling Plan from the Department of Health requires that samples be collected weekly at thirty locations across the three water systems for microbiological testing. Eighteen of the sites are analyzed semi-annually for inorganic parameters and quarterly for organic parameters. Lead is one of the eighteen inorganic parameters. Samples collected for lead as per of the Sampling Plan are typically non-detect or are detectable but well below the Guidelines for Canadian Drinking Water Quality. It was expected that the reason four results (of the 130 samples collected) exceeded the Guidelines for Canadian Drinking Water Quality was as a result of water stagnating in the fire hydrants and the fire hydrant piping prior to analyses. To verify this, uni-directional flushing sequences were recreated to replicate how water samples were previously collected. 301 Lead Results Update Mauch 11, 2009 The four results that initially exceeded the Guidelines were as follows: Summit Drive (East) > 100u(-"/L Bing Avenue (East) 44ug/L Rocky Bluff Terrace (West) 21ug/L Lancaster Avenue (West) 15ug/L Page 4 After replicating the sequences and running the fire hyrdrants to flush any stagnant water out of the fire hydrant piping leads, resamples were collected on February 6, 2009. The resamples yielded the following results which are all well below the MAC (I Oug/L Summit Drive < 2ug/L Bing Avenue < 2ug/L Rocky Bluff Terrace 2ug/L Lancaster Avenue 2ug/L A meeting was held February 10, 2009 with key representatives of the Department of Health to provide them with the updated lead results. It was frirther agreed that additional testing would be completed after a few weeks of water stagnating in a fire hydrant pipe. The purpose was to analyze standing water and then fresh water within the water distribution system. In addition, it was decided to collect samples on either side of the fire hydrants from residences. The following resamples were completed at fire hydrants on February 24, 2009. A first draw sample was analyzed followed by a 10 minute flushing of the fire hydrant. Summit Drive - 4:15pm - first draw 7 pg/L Summit Drive - 4:25pm - after flush 2 µg/L Bing Avenue - 4:40pm - first draw 86 pg/L Bing Avenue - 4:50pm - after flush <2 µg/L Rocky Bluff Terrace - 3:07pm - first draw 15 pg/L Rocky Bluff Terrace - 3:18pm - after flush < 2 µg/L Lancaster Avenue - 2:55pm - first draw >100 pg/L Lancaster Avenue - 3:05pm - after flush <2 µg/L This clearly demonstrates the source of the high lead results was attributable to water sitting in fire hydrants and fire hydrant piping. As per the process agreed to with Department of Health officials, arrangements were made at residences and on March 5, 2009 sampling of the homes on either side of the 4 hydrants that generated elevated lead levels during the UDF were completed with the following results: "X" Summit Drive - 10:45am - first draw 2 µg/L 10:50am - 5 min flush <2 pg/L 302 Lead Results Update Mauch 11, 2009 "X" Bung Avenue - 10:30am - first draw 10:3 5 am - 5 min flush "X" Rocky Bluff Terrace - 1:45pm - first draw 1:50pm - 5 min flush "Y" Rocky Bluff Terrace - 2:00pm - first draw 2:05pm - 5 min flush "X" Lancaster Avenue - 2:25pm - first draw 2:30pm - 5 min flush "Y" Lancaster Avenue - 2:1 Opm - first draw 2:15pm - 5 min flush <2 pg/L 3 pg/L 2 pg/L 4 pg/L <2 pg/L 2 pg/L 2 pg/L 27 pg/L 2 pg/L 2 pg/L Page 5 There were two exceptions, the fire hydrant is located at the dead-end of Bing Avenue and therefore no samples could be collected after the hydrant and secondly one sample on Summit Drive was collected on March 6, 2009 with the following results: "Y" Summit Drive - 1:45pm - first draw 19 µg/L 1:50pm - 5 min flush 2 pg/L The results above indicate that internal plumbing or plumbing components are the sources of lead and that flushing water from the water service prior to consumption (as is recommended by Health Canada) brings the levels down well below the MAC for lead. It should be noted that in addition, Clean Water Act (CWA) sampling over the years at 18 locations has consistently shown results well below the Guidelines for Canadian Drinking Water Quality and source or raw water has been below detectable limits. Where there were exceedences, as noted above, at the time of first draw (after water had been sitting for some time) of a water sample, the individuals were informed of the results along with the recommendation that the tap be allowed to nm a few minutes after it sat for a while to "freshen" the water prior to consumption. In summary, municipally delivered drinking water meets the MAC for the lead parameter of the Guidelines for Canadian Drinking Water Quality. Methods of Minimizing Exposure to Lead For homeowners and consumers that may have concerns about internal plumbing problems, there are ways to minimize exposure to lead. Since lead levels in water will increase as water stagnates in pipes, it is recommended when water is not used for several hours, such as overnight or during working hours, that the cold water be nun first trig in the morning or any 303 Lead Results Update Mauch 11, 2009 Page 6 other time the plumbing system hasn't been used for a number of hours. Running the water would flush out any leached lead. Health Canada recommends that homeowners let the water nun to get rid of the water that stayed in the plumbing system. It is suggested one can either let the water nm for upwards of five minutes, or one could flush the toilet, take a shower or start your laundry and then nun it until it gets cold (about one minute) before drinking or cooking with any of the water from the tap. It is further recommended that cold tap water be used for drinking or cooking, since hot water increases the leaching (or dissolving) of lead and other metals. t While a fixture water treatment facility or facilities will have the ability to adjust water chemistry to greatly reduce corrosion, the only guaranteed way to lower lead levels in water is to identify and remove all sources of lead which is not simply lead service pipe but also to a lesser extent lead solders, brass plumbing or fittings and leaded soldering pastes. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations Terrence L. Totten, F.C.A. City Manager (irriclelirres for' C'urrudturr Dl'irrktrrg iFuter l hrulih°, Health Canada, Ottawa. May 2008 Minimizing Exposure to Lead from Drinkin, Water Distribution Systems, Health Canada, ( )ttawa, 2007 a 3 LEAD and Your Health, New Brunswick, Health and Communih- Services brochure 304 M & C -?009-63 March 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: INITIATE STREET CLOSURES FOR PEEL PLAZA - CHIPMAN STREET, PORTIONS OF PEEL STREET AND HAZEN AVENUE BACKGROUND: As Common Council is aware, the development of Peel Plaza for the purpose of constructing a new City Police Station and a Provincial Courthouse will commence this year. In preparation of the start date for the construction of these two facilities, a few property details must be resolved, one being the stop-up and closure of the remnant portion of Chipman Street and portions of Hazen Avenue and Peel Street (see attached survey plan). Portions of these streets will be consolidated with adjoining parcels to provide the necessary land for the footprint of the above noted developments. Once construction is near completion, a further survey plan will be submitted for Council's review, illustrating a new street layout that will facilitate access to the development. The recommendation contained in this report will initiate the process for the street closures required for the development proposed for the Peel Plaza Project. RECOMMENDATION: That the Public Hearing for the consideration of the enacting of a By-law to Stop Up and Close in its entirety an 837 square metre ± public street known as Chipman Street, a 1,387 square metre portion of Hazen Avenue and a 1,033 square metre portion of Peel Street, all as shown on a Plan of Survey by Hughes Surveys & Consultants Inc. dated March 6, 2009, be set for Tuesday, April 14, 2009 at 7:00 p.m. in the Council Chamber. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL/c 305 M& C2009 - 67 March 9, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2008-24 - Eastern Wastewater Treatment Facility INTRODUCTION III,. LA' u: Aa juhn Sahit Johii Harbour C lecm-(1) is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service since 1990. The purpose of this report is to recommend award of the contract for constriction of the new Eastern Wastewater Treatment Facility to service the east and south central areas of the city; a 35,000 m3/day secondary-level conventional activated sludge treatment facility - the pivotal component in the Harbour C lecm-(1) initiative. Overall Wastewater Structure Municipal wastewater in Saint John will be organized into three area wastewater schemes, each supported by a modern, secondarv-level treatment facility with associated collection and pumping systems: ca Lancaster Scheme (West) The Lancaster Lagoon system was upgraded in 1991 to handle 23,000 m3/day. Extensive maintenance work has been undertaken in recent years to restore frill operating capacity. ca Millirlgeville Scheme (North) The Millidgeville activated bio-filter plant was expanded in 2003 to 10,000 M3 /day. ca Eastern Scheme (East/South-Central) The Eastern WWTF will replace two existing plants (to be decommissioned) and provide substantially greater treatment capacity for east and south-central areas of the city. 11 - m "0 ~I ~ ~ 307 M & C 2009-67 March 9, 2009 Page 2 BACKGROUND On March 16, 2007, finding approval for the Saint John Harbour Clean-Up Program was announced by the three levels of Government. Each level of Government committed $26.6 million for a total amount of $79.8 million. The Contribution Agreement for the Harbour Clean- Up Program was signed on September 17, 2008 and under Schedule B of the agreement it is identified that the Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. The design work for the Wastewater Collection System is continuing while the tender for the constriction of the Eastern Wastewater Treatment Facility closed on February 11, 2009. The 2008 and 2009 Water & Sewerage Utility Fund Capital Programs include funding for the constriction of a new 35,000 M3/day conventional activated sludge wastewater treatment facility at Hazen Creek. TENDER RESULTS Tenders closed on February 11, 2009, with the following results: 1. Pomerleau Inc., Dartmouth, NS $51,805,878.30 2. Bird Constriction Company, Quispamsis, NB $54,885,799.52 3. Maple Reinders Constrictors Ltd. $56,646,352.29 Mississauga, ON The Engineer's estimate for the work was $46,720,394.66 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects, with the exception of the tender submitted by Pomerleau Inc. which contained an error in mathematics. The error in mathematics was corrected in accordance with Division 2 - Instructions to Tenderers and Tendering Procedures, Section 2.18. The above Tender Results include the corrected total for Pomerleau Inc. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is to be charged against the 2008 and 2009 Water & Sewerage Utility Fund Capital Programs. Funding for the Eastern Wastewater Treatment Facility has been budgeted evenly between the 2008 and 2009 Water & Sewerage Utility Fund Capital Programs for a total amount of $47,520,000. Assuming awarding of the Contract to the low tenderer, an analysis has been completed which includes an amount of $51,805,87830 for constriction of the Eastern Wastewater Treatment Facility, the estimated amount of work for constriction 308 M & C 2009-67 March 9, 2009 Page 3 management by the consultant ($1,550,000) and an amount of $5,700,000 which is the estimated cost for the outfall constriction to be tendered early in 2010 under a separate contract. The analysis concludes that a total amount of $47,520,000 was provided in the budgets and that the projected completion cost of the project components as described above is $54,053,793.15 including the eligible H.S.T. rebate - a $6,533,793.15 projected negative difference in the Wastewater Treatment category budget of the Water & Sewerage Utility Fund Capital Program. The signed Contribution Agreement stipulates that the City of Saint John is responsible for all project costs that exceed the amount of the Agreement. There is however, a mechanism to adjust project component funding within the overall Harbour Clean-Up fund. The plan is to tender the Wastewater Collection System projects in approximately 20 separate tender packages. As the tenders are closed staff will monitor the overall Harbour Clean-Up costs and identify opportunities to adjust project component funding between the two major Harbour Clean-Up projects. Should it not be possible to balance the overall project costs against the total budget, then staff would report back to Council recommending that Council direct staff to draft a letter on behalf of Mayor and Council requesting additional funding from the other two levels of government to cost share the total project costs. The Eastern Wastewater Treatment Facility project is the pivotal project for Harbour Clean-Up and must be completed before any additional raw wastewater is intercepted and redirected to the Hazen Creek site as the existing treatment plant is operating at capacity. The work under Contract 2008-24: Eastern Wastewater Treatment Facility is vitally important to the overall Harbour Clean-Up Program and as such, staff strongly recommend that the project proceed. Indications are that if awarded the project, the contractor wants to start work near the end of April 2009. Once the Eastern Wastewater Treatment Facility is completed early in 2011 then raw sewage that currently discharges untreated within the east and south/central parts of the City can be intercepted and redirected to the new facility. The Wastewater Collection System constriction is expected to be completed by 2012. POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. This will be the single largest constriction contract ever awarded by Saint John Council. Development of project plans and specifications involved a lengthy planning, design and review process, extensive consultation with intergovernmental partners, and detailed environmental analysis. The tendering process included broad based advertisement and two extensions to the closing date were given to enable general contracting firms and sub-trades to fairly price the project. The resulting cost, we believe, was influenced by a busy constriction climate in Southern New Brunswick and competitive demand for certain sub-trades. 309 M & C 2009-67 March 9, 2009 Page 4 RECOMMENDATION It is recommended that Contract No. 2008-24: Eastern Wastewater Treatment Facility be awarded to the low tenderer, Pomerleau Inc., at the tendered price of $51,805,878.30 as calculated based upon estimated quantities, and further that the Mayor and Common Cleric be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 310 0tv Solicitor-'s Office Bureau de Pavocat rrrunicipal March 13, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Pension Act Amendments - Legal Advice Last month Council directed me to prepare the text of changes to the City of ,Sault John Peyisioyi Act (the Act). Recently I have completed a preliminary draft of those amendments. In the course of doing so and in considering the issues to which the proposed amendments give rise, I have concluded that it would be prudent to revisit with Council my conflict of interest arising from my membership in the Pension Plan which is governed by the Act. In light of my October 29, 2004 Disclosure of Interest filed with the Common Cleric on that date respecting my membership in the Pension Plan and the obviousness of my personal interest as a City employee in the terms of the Act, this might seem gratuitous but I would not want any doubt or misunderstanding in this regard to exist in the mind of any member of Council. The Disclosure of Interest which I filed on October 29, 2004 with the Common Clerk pursuant to the provisions of Section 90.1 of the llhiriicil)alities Act is a public document and in it I stated: "This disclosure relates to the folloiring matter: the heriefits 1)rovided h1, and the fimtlhig required f )r The City of,Sclillt Johil Peiisioi? Plal? That Disclosure was precipitated by Council's anticipated consideration of possible changes to the design of the Pension Plan. Obviously providing advice to Council with respect to potential changes to my benefits or obligations under the Plan would place me in a conflict position. /2 311 Committee of the Whole March 13, 2()()9 Re: Pension Act Amendments - Legal Advice City Solicitor Page 2 Subsequently, Council adopted the following resolution on November 22, 2004: " RL, OLT ED that C'ommoti C'onncil ciekiaowledge the Disclosure of Interest filed by each of the Citt Alanager, the Commissioner of Finance, the Depntt Citt Alanager Common Clerk and the Citt ,Solicitor relciting to the City of Saint John Peyisioyi Plan and farther, request sitch advice as each might provide frith respect to that p/c/11. " That resolution was able to be adopted pursuant to the provisions of Section 90.8(1.1) of the -A-Iimicihalities Act which provides that a senior officer of the municipality may, at Council's request, provide advice on a matter with respect to which he has a conflict, with knowledge of the Council. Prior to Council's adopting that resolution I suggested that before making such a decision a discussion with the senior officer in question would be advisable. Clearly drafting possible amendments to the Act or providing any other advice to Council respecting those possible changes or their operation from a legal perspective, engages the same type of conflict on my part. It should be noted that on July 17, 2007 Common Council resolved to engage David O'Brien of Barry Spalding to provide advice oyi pension matters when the C'ith Solicitor rieetls to irithdreiw from meetings beeciuse (?fa conflict of li?terest aS It relates to his seri,ing oil the Cit1' s Peiisioi? BocCYd Of Trustees. The conflict which is germane to the proposed Pension Act amendments is based solely upon my being an employee of the City of Saint John and thus a member of the Pension Plan. The drafting of the changes identified in the recent Council resolution has given rise to the need to consider of the legal footing for those proposed amendments, e.g. are changes to indexing of pensions and the definition of "average salary" for pension calculation purposes in the Plan able to be given retrospective application for current members of the Plan? / 3 312 Committee of the Whole March 13, 2()()9 Re: Pension Act Amendments - Legal Advice City Solicitor Page 3 The operation of pension legislation is not without its challenging legal issues, and these are questions having a potential impact upon my own rights and obligations under the Plan. These are also questions that might well "cast too close to the bo»e " and as a result it is my suggestion that outside legal counsel be retained to continue with this work. This should cause no material delay in the presentation of the proposed changes to the Legislature since the work which I have done would be available to outside counsel. Respectfully Submitted, John L. Nugent City Solicitor 313 -L REPORT TO COMMON COUNCIL March 16, X109 His Worship Mayor Ivan Court And Members of Common Council City of Saint John Your Worship and Councillors: RE: An Accountability Framework for the City of Saint John When Council met in September of 2008 to establish priorities for their four year term of office the following goals were identified: - We will have City services that are delivered efficiently and effectively at an equitable tax rate - Our citizens/ratepayers consistently recognize municipal service as being effective at a supportable cost Associated with these goals Council established the following priority: - Value for money audit and management benchmarks will be complete. Upon completion, staff will develop a plan that mandates a report on efficiency and effectiveness three times a year. Over the past several months staff has been working on an accountability framework for the City of Saint John. This framework sets out actions that are being taken to address Council's priority. While a significant amount of work has been completed we are at a point where we need to have discussions with Common Council to ensure that the direction being taken will meet your needs. Staff would like to have an opportunity to present the Accountability Framework to Common Council at an open Committee of the Whole session. We would request that Council consider holding this meeting on Monday, March 23rd at 5:00pm. Respectfully submitted, w Beckett C. - Prop-rams & Priorities .A,l "b" Imo , Terry L. ~Ttten F.C.A. CityMa er 314 REPORT TO COMMON COUNCIL March 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: city of saint John RE: Sustainable Transportation Plan BACKGROUND At the January 20, 2049 meeting of Common Council a request was received from the Saint John Transit Commission for the City to undertake the development of a Master Transportation Plan. The purpose of this report is to provide information to Common Council on the steps that are being taken to respond to this request. ANALYSIS A Project Team has been established with representatives from Planning & Development, :Municipal Operations & Engineering, Saint John Transit, Saint John Parking Commission and the Finance Department. The intention is also to add others to this group (Province of New Brunswick, Regional Municipalities, Active Transportation Network, etc.) as the work moves forward. We want to ensure that the Plan that is developed is City focused but regionally informed. Based on a review of actions taken in other municipalities these types of plans are referred to as Sustainable Transportation. Plans. In the past our Transportation Planning has tended to focus on our roads and streets network. Sustainable Transportation Plans have a much broader focus as they attempt to set a direction for the movement of people, goods and services and consider many different modes of transportation. Initially the Project Team will be working to help develop a Terms of Reference for the Plan, identify possible funding sources to help cover some of the costs associated with developing the Plan and developing a Call for Proposals for professional services required to complete the Plan. Some research is required to establish best practices and clearly identify what factors should be considered as part of the Plan. To date staff has had some initial discussions with Canadian Urban Institute and we are reviewing information from the Transportation Association of Canada.. This Plan will be a key strategic document for the City and will guide significant public expenditures over the next 10-15 years. As such care must be taken to ensure that the direction taken is consistent with the long-team wishes of the community and industry 315 best practices. The work will be guided by the City's Sustainability Principles, the Community Vision and the 20 year community goals. As a result of the research and discussions to date it is clear that the first step in process of developing the Sustainable Transportation Plan is to complete a Growth Strategy for the City. The need for this Strategy has previously been presented to Council by Mr. Forrest as part of the process in updating the City's Municipal Planning Strategy. In particular through the development of this Strategy the City will establish planning objectives that address the following items that relate to the transportation study: - Desired future transportation modal splits (future reliance on various modes of transportation) - Transit-supportive development options - Integration of pedestrian and cycling infrastructure into new development A Call for Proposals to carry out this work will be issued by mid April. It is anticipated that the work associated with developing this Strategy, which will include Public Consultation, will take approximately 12-18 months. While the Growth Strategy is being developed the Transportation Project Team will work on developing a detailed Call for Proposals for development of the Transportation Plan.. We will also seek ways to secure funding to assist with completion of this work. It is anticipated that the Call for Proposals will be issued in early 2010 with an approximate timeline for completion of the work being 9-12 months. Regular updates will be provided to Common Council as work is completed on this project. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, Andr w P. Beckett C.A. Deputy ty Manager Pro ams & Priorities Terry L. Totten FCA City Manager 316 AN- P The city of Saint John Mayor and Council March 12, 2009 RE: 'Perms of Reference - Finance Committee Your Worship and Members of Council: In the adoption of the 2009 City of Saint John Operating Budget, Council passed as resolution policies tasking the Finance Committee with certain responsibilities- • That the Finance Committee he given the responsibility of making recommendations, in collaboration with the City Manager and Commissioner of Finance to Common Council with respect to any corrective actions that are required. o That the Finance Committee, no later than September 30 of each year, be responsible for receiving and reviewing the initial budget Submissions from the various ABC's and the Administration compiled on the following basis. 0 2010 - Submissions shall not exceed the 2009 Approved Budget plus 4.5%. 0 2011- Submissions shall not exceed the 2010 Approved budget, plus 4%, n 2012 - Submissions shall not exceed the 2011 Approved Budget plus 4%. e Accompa.r%v those submissions must be documentation that identifies: o Mission critical services that cannot be funded within the budget envelope. • Requests from citizens that cannot be funded within the budget envelope. • Value added services not previously funded. Submissions on each issue roust be short, direct, to the point and not exceed one page in length. The Finance Committee shall be given the responsibility to work with the City Manager and. Commissioner of Finance to table an initial draft Budget Document with Council, not later than October 31, of each year. J SAINT JOHN P.O. Box 19'71 Saint John, NB Canada E2L 41-1 I www.saintJohn.ca N C.P 1971 Saint John, N.-B. Canada E2L 4L1 317 Further, on recent occasion the Finance Committee has been requested to make recommendations to Council on the engagement of financial services for pension plan review and recommendations of a strategic plan in regard to the pension plan. The Finance Committee has also deliberated on its role in the `Value for Money' review program, which Council has also adopted as part of the 2009 Operating Budget. These undertakings both requested of the Finance Committee are significantly greater in scope than the committee's historical role. Accordingly, the Finance Committee requests Council to direct the City Solicitor to review the Terms of Reference currently set out for the Finance Committee. While the Finance Committee embraces the additional responsibilities asked of it and remains committed to serving Council, it wants to be certain that the terms of reference reflect the nature of work being requested. The City Solicitor should be able to determine if the terms of reference governing the finance committee need any amendments or if it can be affirmed as is. Recommendation: Council refer to the City Solicitor, the Terms of Reference of the Finance Committee for review and recommendation for any necessary changes in regard to the additional roles Council has requested of the Finance Committee. Received by e-mail Stephen Chase Deputy Mayor and Chair, Finance Committee 318 n 'me City of Saint John Mayor and Council March 12, 2009 RE: Financial Advisory Services for Pension Plan Review Your Worship and Members of Council: The following direction from Council Committee of the Whole was given to the Finance Committee: RESOLVED that the Finance Committee provide recommendations to Council with respect to Morneau Sobeco's proposed financial advisory services for the City of Saint John Employee Pension Plan prior to the scheduling of a closed Committee of the Whole meeting to discuss the Pension Plan. The committee considered the matter at its meeting of March 9, 2009 and offers to Council the following recommendation: Council engage the Services of Morneau Sobeco to review possible changes to the pension plan and the effect of these changes in reducing liabilities, costs and the impact to plan members. Please see attached for costs. Stephen Chase Deputy Mayor and Chair, Finance Committee SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 V wwwsaintiohn.ca ~ C.P. 1971 Saint John, N.-B. Canada E2L 4L1 319 taroject cysts Morneau Sobeco is pleased to present this cost proposal for financial advisory services in respect of the City of Saint John Employee Pension Plan. This document provides cost information for the project described in our proposal. Because there may be considerable variability in the efforts to complete this project, we are quoting our fee on a per diem basis to allow some flexibility in the budget. We have provided the per diem rates for our consultants in the table below, along with a rough estimate of the time to complete the project. Based on our current understanding of your needs, we have assumed three full-day meetings (including one to present the final report) and preparation time, There are no travel charges unless you require more than three meetings as described below, Based on the per diem rates and our estimate of the effort involved, we have arrived at a rough estimate of the total project fee. Please note that there may be some additional or out-of=scope work that arises after the project begins as such, our fee total in the table below represents only a median point in a possible range of fees. The actual project fee may have a range within 2'0% of the total fee quoted below. (Where unanticipated additional work may arise, we would discuss the new budget with you and get your approval before proceeding,) Per diem rates $ 2,750 $ 2,250 $1,250 $1,000 Meeting days I 3 3 I 2 0 8 Preparation a 5 I 5 I 7 20 Total days B I 8 7 I 7 I 28 Estimated Fee I $16,500 $18,000 $ 8,750 $ 7,000 I $ 50,250 Our fees include all incidental costs such as photocopying, postage, computer usage, travel and long-distance telephone charges. Any applicable taxes, such as HST, would be additional to our quoted fees. We thank you for allowing us the opportunity to submit this proposal. We look forward to serving the City of Saint John in this additional capacity. Respectfully submitted, MORNEAC3 SOBECO Mel Bartlett partner 320 REPORT TO COMIMON COUNCIL ~l of March 16, 2009 The City of Saint John Deputy Mayor Stephen Chase And Members of Common Council Members of Council:. SUBJECT: PERSONNEL. ITEM: TERMS AND CONDITIONS OF EMPLOYMENT MANAGEMENT/PROFESSIONAL PERSONNEL BACKGROUND: Attached please find the above noted Terms and Conditions of Employment. This document has been discussed at two Committee of the Whole meetings (February 16`s and March 2"a) and the Committee has now recommended its adoption to Common Council ANALYSTS: For the most part, the Terms and Conditions of Employment being recommended are generally the same as those that are currently in place with the following exceptions: a) For the first time, the Employer is stating that working in excess of 50 hours in any given pay period shall be considered. Extraordinary. Should this occur, the employee shall be entitled to time off at a mutually agreeable time, on an hour for hour basis. b) Retirement Pay for Managerial/Professional staff is being phased out in a similar fashion as Service Pay has been phased out Council should be aware that many of the longer serving employees in this group have already "opted out" in order to eliminate this liability from the City's records. c) Vacation entitlement is being enhanced for this group so as to mirror more closely the vacation entitlements the City has agreed to provide to its Unionized Workforce and to reflect the City's actual experience in recruiting professionals to this organization. d) For the first time, the Employer is clearly stating its expectation of any employee who is absent from work for ten consecutive days. The Policy talks of the role of the Occupational Medical Advisor and the Return to Work Committee. All of our efforts are aimed at having employees at work. 321 Report to Common Council Page 2 ,Subject: Terms and Conditions of Employment Most significant is that this document unequivocally states: "The City shall endeavour to acquire and maintain an Insured Lang Term Disability Flan (LTD) for this group of employees." Until such time as this Plan is put in place, the City's current practice remains in place. The proposed Terms and Conditions will result in the Managerial Professional Employees taking a leadership role in the City's efforts to acquire an "Insured Long Term Disability Plan" but more importantly it will lay the ground work for the eventual removal of the provision for Long Term Disability Benefits from the City of Saint John Pension Fund. FINANCIAL IMPLICATIONS: In total it is estimated that adoption of the proposed Terms & Conditions of Employment will result in increased annual costs of approximately $60,000. (Details attached as Appendix B) RECOMMENDATION: On the recommendation of Committee of the Whole that Common Council approve the Terms and Conditions of Employment for the Management/Professional Personnel as attached with an effective date of January 1, 2009. Respectfully submitted, " I _A Mayor Ivan Court 322 City of Saint John Terms and Conditions of Employment Management/Professional Personnel January, 2009 City of Saint John January, 2009 323 Terms and Conditions of Employment -hlanagementlProfessional Personnel TABLE OF CONTENTS Introduction 4 Employer 5 Effective mate 5 Coverage and Application 5 Policy Statements 6 PART ONE, Hours of Work 7 Regular Hours of Work 7 Overtime 7 Extraordinary Overtime 7 On-Gall Assignments 7 Extraordinary On-Call 8 Saint John Emergency Management Organization 8 PART TWO: Salaries 8 Salary.Administration 8 Remuneration for Service beyond established hours of work 9 PART THREE: Benefits 10 Annual Vacation 10 Statutory, Designated and Proclaimed Holidays 11 Health & Dental 11 Basic Life Insurance 12 Optional Life Insurance 12 Voluntary Accidental Death & Dismemberment 12 Employee and Family Assistance Program 12 Deferred Salary Leave Program 12 PART FOUR: Absences due to Illness, Injury or disability..... 13 Sick Leave; defined 13 Sick Leave benefits 13 Return to Work 14 Long-Term Disability 14 City of Saint John 2 January, 2009 324 Terms and Conditions of Employment ManagementtProfessional Personnel PART SIX: Maternity and Paternity Leave 15 PART SEVEN: Health & Wellness 16 PART EIGHT: Employee Development 16 PART NINE: General 17 Probationary Period 17 Workplace Conflict Resolution 18 City of Saint John January, 2004 325 Tenors and Conditions of Emplovnient -ManagementtProfessional Personnel TERMS AND CONDITIONS OF EMPLOYMENT Management/Professional Personnel Introduction This document sets out the terms and conditions of employment for Management/Professional personnel employed by the City in full-time permanent positions. Clearly articulating Terms & Conditions of Employment represents best practice for any employment relationship. It is a foundational document that helps establish trust in the employment relationship. The City of Saint John Corporate Strategic Plan establishes the following goal: Corporate Goal The City of Saint Jahn is a great place to work, a people focused organization that recognizes the value of individuals united in public service. Our commitment to public service is clearly articulated in our Mission, Vision & Values: Our Mission - Why We Exist To serve our City with pride, to provide our citizens with quality service, and to contribute to the overall economic, social and environmental well-being of Saint John. Our Vision - What We Want To Be We are energized, engaged people committed to working together to provide services that are responsive to Community needs and delivered in a sustainable, cost-effective way. Our Values - How We Do It Commitment - fulfilling the expectations we create in our promises, both direct and implied. Integrity - conducting oneself honestly, fairly, respectfully and ethically. Responsibility - accepting accountability, expectations and values based decision- making. City of Saint John 4 Januat , 2009 326 Terms and Conditions of Employment - Management/Professional Personnel Employer The City of Saint John, hereinafter referred to as "The Employer", is a body corporate in the County of Saint John, in the Province of New Brunswick. Effective Date Effective January 1, 2009, these Terms and Conditions of Employment ManagementlProfessional Personnel will supersede all previous versions and amendments of applicable Human Resource Policies. Human Resource Business Practices, approved by the City Manager, will be developed as needed to provide administrative direction associated with this document. These Terms & Conditions will be reviewed at least once in every 5 year period and updated as necessary. Coverage and Application These Terms and Conditions o Employment apply to all full-time permanent management and professional employees of the Employer. In cases where individuals are engaged in any of these positions under an employment contract the provisions of the contract will prevail. Within the document, the term "Supervisor" refers to the person who supervises the position, the supervisor in some cases may also be the manager; and the term "Manager" refers to the division level manager. Questions regarding the contents or administration of the Terms and Conditions of Employment - Management Personnel may be directed to Human Resources personnel. The City Manager is responsible for maintenance of these Terms and Conditions of Employment with all amendments being subject to approval of Common Council. Managers and Supervisors are responsible for: - developing a sound working knowledge of this document and associated Business Practices, including revisions and additions; - making every effort to ensure that staff are aware of and understand applicable policies and practices; - applying policies and practices in an equitable and fair manner, utilizing sound judgment, and; reporting as necessary the need for periodic revisions or additions. All City of Saint John employees have a responsibility to be familiar with the Municipality's policies and practices as they relate to their role and employment. City of Saint John 5 January, 2009 327 Terms and Conditions of Employment - Management/Professional Personnel POLICY STATEMENTS These Terms and Conditions of Employment have been developed to provide clarity and direction with regards to the employment relationship between the Employer and its Management/Professional personnel. The following policy statements have guided the preparation of this document. Organizational Performance The City of Saint John is committed to achieving excellence throughout its operations. To meet this objective, we will ensure our workforce is skilled and knowledgeable, consistently demonstrating commitment, integrity and responsibility in our service to the citizens of Saint John. Employee Remuneration The City of Saint John recognizes the contributions and achievements of employees and provides a total compensation package, which is intended to achieve the following three objectives: (1) To attract, retain and motivate highly qualified employees. (2) To contribute to the recognition and reward of employees' individual performance. (3) To maintain a competitive compensation structure that compares favorably with others in the marketplace and can be supported by the financial position of the City. Employee Development The City of Saint. John supports employee learning and development as a strategic opportunity to develop a qualified and motivated workforce. Employee Wellness and Productivity The City of Saint John promotes employee wellness that encourages a shared responsibility to develop and achieve personal and organizational goals. City of Saint John & January, 2009 328 Terms and Conditions of Employment - Management/Professional Personnel PART" ONE: ours of or Regular Hours of Work Business hours as well as the "regular" hours of work for City employees vary from department to department and employee group to employee group. For instance the City's Inside Workers have a 35-hour work week, Outside Workers have a 40 hour regular work week and Fire Operations average a 42 hour regular work week which does include meal time. The large diversity in "regular" hours of work among employee groups presents a problem in clearly defining the regular hours of work for management and professional personnel. For all intents and purposes, the regular hours of work for each manager shall be directly related to the regular hours of work of the reporting employee group. If the manager has no employees reporting to him /her; then the regular hours of work will be based upon the public business (office) hours of that department or division. Overtime It is anticipated that managers and professional personnel will be required to work extra time reasonably required to get their job done. This additional commitment is inherent to every management job and accordingly is incorporated in the compensation structure. It is considered reasonable for management staff to be required to work up to 50 hours in any given week. This overtime requirement however is not to be considered acceptable, nor should it be expected to occur for more than two consecutive weeks and in no way should be considered acceptable for scheduling of regular work duties. Extraordinary Overtime Time worked in excess of 50 hours in any given week shall be considered extraordinary overtime. On-Call Assignments Some Management and Professional personnel are expected to support public and employee safety by being on-call. Where operationally feasible such assignments will be rotated amongst the applicable managers. To support the health and wellness of employees, it is the Employer's objective not to place an employee in a weekly on-call assignment more often than once in a 12 week period; however it is still considered reasonable to be given an on-call assignment on average of once in every eight weeks. An employee cannot be on-call during vacation leave. This includes weekends (or regularly scheduled days off) that abut the vacation leave as well as any statutory holidays that abut or fall within the vacation leave. City of Saint John 7 January, 2009 329 Terms and Conditions of Employnient - Management/Professional Personnel Extraordinary 4n-Call On-call assignments that occur more frequent than once in every 8 weeks on average shall be considered extraordinary on-call. Saint John Emergency Management Organization A call-out or an extended response to a matter of public emergency, public safety or incident mitigation shall be included in the tabulation of regular hours worked, reasonable overtime and extraordinary overtime. PAR TWO: Salaries The City Manager is responsible for reviewing and making recommendations to Common Council regarding total compensation initiatives as they fit into the organizations overall total compensation strategy. The City Manager will recommend inclusion of sufficient resources in the annual budget and plan to implement salary and other total compensation initiatives once approved. In conjunction with the annual budget approval process, the City Manager shall make a recommendation to Council as to an appropriate adjustment to the Pay Scale for management personnel. The recommendation shall be based upon: Economic factors such as Cost of Living, Inflation rates, etc. • pair and equitable internal comparisons with other City of Saint John employee groups; • Comparisons with relevant external employers for the purposes of attaining and maintaining market competitiveness and thus suitable attraction and retention; and • Consistent policy directions and programs and services for all City of Saint John employee groups. • Any specific direction provided by Common Council. Principles of Salary Range Administration The following basic principles apply to salary administration: • Jobs will be assigned to various classification levels in the salary system based on job evaluation. • The City Manager has the authority to adjust the classification group up or down one level based on: the accountabilities of the role; the gap between supervisor and reporting employee group(s); or market conditions. All other adjustments require the approval of Common Council. City of Saint John January, 2009 330 Terms and Conditions of Employment-ManagementfProfessional Personnel ® There is a salary established for each position that is based on an individual having all of the necessary qualifications and experience to carry out the full responsibilities. Individuals are placed in these positions at a salary level that is 90-93% of that set for the fully qualified individual. The employee moves toward the fully qualified salary on an annual basis based on satisfactory performance appraisals. • The scheduled date for adjustments within the salary range will be the anniversary date of appointment to the job. The due date of the completed performance planning and appraisal report shall be 60 days prior to the employee's anniversary date. a An employee who has not performed the job in a satisfactory manner duly addressed with the employee and documented by the supervisor through the performance appraisal process will not be eligible to receive a salary adjustment. In such cases a performance improvement plan will be prepared and monitored by the manager and/or supervisor; ® There will be no further salary adjustments once an employee's salary has reached the maximum of the job classification. Remuneration for Service beyond established Hours of Work On-Cali When an employee is required to be on-call they shall receive one day off with pay for each week on-call to be taken immediately following the week. If a Statutory Holiday falls within the on-call week and additional day off will be granted to be taken immediately following the week. Extraordinary On-Call When an employee's average on-call rotation exceed that considered to be part ofa normal rotation as defined in the Hours of Work, the employee will be remunerated for the additional on-call time at the rate of one day's pay for each week on-call, Extraordinary Overtime When an employee's weekly accumulative hours of work (including call-outs) exceeds that considered to be reasonable overtime as defined in the Hours of Work, the employee will be given equivalent time off (with pay). In extreme cases where operational requirements do not allow for scheduling of time-off the employee will be remunerated for each additional hour of work at his/her straight time rate of pay. Service Pav Consistent with the policy direction established by Common Council, service pay will continue to be paid only to permanent members of management staff employed on or City of Saint John 9 Januaiy, 2009 331 Teams and Conditions of Employment - Management/Professional Personnel before I June 1992. Members of management staff hired after 1 June 1992 are not eligible for service pay. Retirement Pay For those management employees who are eligible, upon retirement they will receive one month's pay for every five years of service or fraction thereof to a maximum of six months pay. To qualify, an employee must have a minimum of five years continuous service with the Employer. The benefit shall not apply when an employee resigns from service or is dismissed for cause. The employee may request in writing a one-time-only payment in lieu of retirement pay at any time prior to retirement. Such payment shall be made in an amount as defined above, based on the date the request is made. To qualify, the employee must have a minimum of five (5) years continuous service. Upon such payment the employee would waive all entitlement to further retirement pay. Employees who are leaving the organization within ninety (90) days shall not be eligible for the retirement pay option outlined herein. Retirement pay will continue to be paid only to permanent members of management staff employed on or before the date of approval by Council of these Terms and Conditions and who have not chosen the opting out provision. PART THREE: Benefits Annual Vacation Management personnel of the City of Saint John shall earn vacation as follows: • Less than 6 years continuous service _ 3 weeks. • Six 6 years continuous service - 4 weeks. • Thirteen 13 years continuous service - 5 weeks. • Twenty 20 years continuous service - 6 weeks. • After 25 years of continuous service each employee shall receive 1 additional day per further year of continuous service to a maximum of 5 days. All employees follow the above schedule except in cases where a different entitlement was negotiated at the time of appointment and agreed to by the City Manager, City Solicitor, Common Clerk or Common Council as applicable. In such cases the employee will progress through the above schedule as if he/she had the continuous years of service to earn the vacation negotiated at the time of hire.. The vacation year shall be from January 1 to December 31. Vacation must be taken in the current calendar year and is to be scheduled by a supervisor or manager in consultation with the employee. City of Saint John 10 January, 2009 332 Teams and Conditions of Eniploynient - Management/Professional Personnel An employee may carry from one calendar year to the next, a maximum of two weeks vacation. An employee may accumulate up to a total of four weeks of vacation carryover at any time. Any additional vacation carryover must be approved by the City Manager. An employee who has used vacation time and terminates employment before his/her anniversary date of continuous service shall repay the applicable pro-rated proportion of vacation. Such payment will be deducted from any severance pay or hold back. Displacement of Vacation If an employee is hospitalized during his/her vacation period, such time in the hospital shall not be considered vacation time but shall be considered sick leave. Statutory, Designated and Proclaimed Holidays Management staff shall be entitled to Statutory, Designated and Proclaimed Holidays as follows: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed by the Federal, Provincial or Municipal Governments as a holiday. Management staff are entitled to statutory, designated and proclaimed holidays from the date of commencement of work with the City of Saint John. In addition to the above Statutory, Designated and Proclaimed Holidays, each management person who has completed one (1) year of continuous service shall be entitled to one day as a floating holiday, to be taken at a mutually agreed time, each calendar year. There shall be no carry-forward of this holiday or any pay-out of the holiday upon termination of employment. Health and Dental All management employees as well as their spouses and dependent children are eligible to participate in this plan. Participation in the plan is mandatory for all employees hired after May 1, 2009. The costs of the program are shared at 75'0! from the Employer and 25% from employees. Any employee who is not a participant in the plan shall not be entitled to a cash payment in lieu of the Employer's contribution to the cost. Effective May 1, 2009 current employees not participating in the plan will no longer be eligible to participate in the plan now or in the future. Employees impacted by this provision will be eligible to enter the plan provided they register no later than April 1, 2009. City of Saint Jahn I 1 January, 2009 333 Terms and Conditions of Employment- ManagemeaitlProfevsioaialPersonnel Basic Life Insurance Basic Life including Accidental Death and Dismemberment Insurance is a mandatory benefit for all permanent management employees. The Employer contributes 75%p of the cost of the program with employees being responsible for the remaining 25%©. Upon retirement the employee will be entitled to a $5,000 life insurance policy with monthly premium costs being paid for by the City. Optional Life Insurance Optional Life Insurance, through the City's insurance provider, is not a mandatory benefit. It is, however, available for purchase for employees, their spouses and dependants. Employees are responsible for 100% of the premium. Voluntary Accidental Death & Dismemberment Voluntary AD&D is available for employees, their spouses and dependants. Employees are responsible for 100'% of the premium. Employee and Family Assistance Program The Employee & Family Assistance Program (EFAP) is a service that provides confidential, professional assistance to employees and their family members to resolve problems that affect their personal lives and in some cases Job performance. The EFAP is provided at no cost to employees or immediate family members subject to certain exceptions that are detailed in a separate Business Practice. Deferred Salary Leave Program The City of Saint John wants employees to have opportunities to develop their skills and knowledge to the utmost. To assist permanent employees who aspire to develop themselves by attaining further education or who wish to have time off for personal growth, the City of Saint John will hold a portion of an employee's salary for a specified period of time and then allow the employee to take up to one year off with pay equivalent to the amount withheld. Employees who wish to participate in this program must apply in writing to their department head. The department head will consider the request and forward it, along with a recommendation, to the City Manager for a decision on the request. Under these terms and conditions, the employee would agree to be paid a reduced percentage of his or her gross salary for a specified period of time not to exceed five years. The remaining portion of the employee's salary would be paid out at regular intervals (i.e., weekly, bi-weekly, monthly) once the employee begins the leave of absence. City of Saint John 12 January, 2009 334 Terris and Conditions of Employment - Management/Professional Personnel During the entire term of the program, including the leave of absence, the employee would continue to pay his portion of benefit costs through payroll deduction and benefits coverage would continue. Participants would make Pension Plan contributions in accordance with the provisions of the City of Saint John Pension Act. Canada Pension Plan premiums, Employment Insurance premiums and income tax would be deducted in accordance with Revenue Canada guidelines. PART FOUR: Absences due to Sickness, Injury or Disability Sick Leave Defined Sick Leave means the period of time an employee is absent from work by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the \workers' Compensation Act. Routine examinations by or visits to physicians, chiropractors, or dentists are not considered to be part of sick leave. Sick. Leave Benefits The City of Saint John will continue to pay the salary of employees for a period of six (6) months while on sick leave, provided the employee meets their obligation to the employer with respect to the Return to Work Program. All absences of ten continuous working days or greater will be referred to a third party Occupational Medical Advisor (OMA) or Medical Doctor in order to be considered for ongoing Sick Leave Benefits. Also, if an employee has accumulated 10 days of sick leave within a calendar year the City of Saint. John has the right to request medical evidence at any time in order for the employee to be considered for ongoing Sick Leave Benefits. Employees off work due to illness or injury will continue to earn a vacation entitlement for absences up to six (6) months in duration. Return to Work A return-to work team shall be established to work with the employee in circumstances where a return-to-work plan is required. The team shall include the employee, a person City of Saint John 13 Januaay, 2009 335 Terms and Conditions of Employment - ManagementlProfessional Personnel designated by the Employee (optional) and a person designated by the Department Head, and will be administered by a Case Manager (from Human Resources staff). The City will appoint an OMA to objectively assess medical information to make recommendations for design of individual return-to-work plans, and to act as a liaison with the employee's attending physician to understand relevant restrictions or limitations. The OMA shall be knowledgeable of the Employer's and the Employee's obligations and responsibilities concerning accommodation and return-to-work, as well as the various agencies and professionals available to assist in the return-to-work process. The involvement of an OMA is aimed at the individual's prognosis and assisting in determining steps that need to be taken to facilitate a timely return to work. The focus during this process will be on working with the individual employee directly or through their doctors to ensure a timely return to work. Using a case management approach the OMA will provide the following: identification of functional abilities determination of whether a disability exists determination of anticipated duration of illness or disability identification of work accommodations that might promote an earlier return to work At any time during this process when it appears that the individual will meet the requirements for long-term disability as set out in the City of Saint John Employee Pension Plan an application will be filed by the employee with the Board of Trustees of the Plan. Upon approval of a Disability Pension Benefit, the Sick Leave benefit will terminate and the claimant will be transferred to the City of Saint John Pension Plan subject to the terms & conditions applicable to that Plan. All costs associated with the OMA service including any fees associated with medical advice required by the service will be paid for by the Employer. Lang-Term Disability The City of Saint John shall establish and maintain an insured Long-Term Disability Plan which provides: payment equal to 66 2/3% of salary for a period of up to two years where an individual is unable to return to their own occupation due to illness or disability. Payment equal to 66 2/3 % of salary until age 65 where an individual is unable to return to any occupation. The frill details of the plan will be determined through negotiation with the insurance provider. It is the intention of the City to structure the coverage so that it is coordinated with all other disability programs (ie. Canada Pension Plan, City of Saint John Employee pension Plan) such that an individual's total disability compensation is no less than 90% of their current net salary. In addition changes may be required to the City of Saint John City of Saint John 14 Janaaxy, 2009 336 Terms and Conditions ofEniployment _ Management✓Professional Personnel Employee Pension Plan to ensure that individuals in receipt of insured disability benefits continue to accumulate years of service in the Plan. Adjudication and administration of all claims under this Policy will be the responsibility of the insurance provider. Until such time as this insured program is established the City will continue its existing practice ofpaying an employee their salary, in addition to the provision of the Sick Leave benefit, for up to eighteen (18) months subject to the employee fully cooperating with the requirements set out by the OMA and Return to Work Committee. PARS" SIX: Maternity and Paternity Leave Maternity Leave Maternity Leave shall cover a period of 17 weeks. An employee who resigns for maternity reasons shall be considered as having been on leave without pay if she is re- employed within six (6) months of the date of her resignation. Suolementarv Unemployment Benefit Plan a) This plan is conditional upon the approval and continued approval of the Federal Government. b) An employee who provides proof that she has applied for and is eligible to receive Employment Insurance Benefits pursuant to the Employment Insurance Act, shall be eligible to be paid a maternity leave allowance in accordance with the Supplementary Unemployment Benefit Plan for a period not to exceed seventeen (17) continuous weeks inclusive of the two (2) week waiting period for Employment Insurance benefits. c) In respect of the period of maternity leave, payments made according to the Supplementary Unemployment Benefit Plan will consist of payments equal to the difference between the Employment Insurance benefits the employee is eligible to receive and ninety percent (90%) of her regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in a decrease in employment insurance benefits to which the employee would have been eligible if no extra monies had been received during this period. d) Regular rate of pay shall mean the rate of pay the employee was receiving at the time maternity leave commences, but does not include: overtime, or any other form of supplementary compensation. During the period of maternity leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health & Dental and Group Life Insurance. The employee also agrees to pay her share. When an employee decides to return to work after maternity leave, she shall provide the employer with at least two (2) weeks notice. On return from maternity leave, the employee shall be placed in her former position or if that position no longer exists one of equivalent stature within the organization. Employees shall be permitted to accumulate vacation credits while on maternity leave. City of Saint John 15 January, 2009 337 Terms and Conditions ofEmployment-Management/Professional Personnel Parental Leave Parental leave shall be unpaid and cover a period of up to thirty-seven (37) weeks after the birth of a child or adoption of a child under the age of nineteen. During the period of parental leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health & Dental and Group Life Insurance. The employee also agrees to pay his/her share. When an employee decides to return to work after parental leave, he/she shall provide the employer with at least two (2) weeks notice. On return from parental leave, the employee shall be placed in his/her former position or if that position no longer exists one of equivalent stature within the organization. Employees shall not accumulate vacation credits while on parental leave. AIN'T SEVEN: Health and Wellness The Employer shall reimburse an employee 50% of the costs, up to a maximum of $600 plus HST per calendar year, for fees associated with. • Membership in a fitness centre, aquatic centre or gymnasium. • participation in healthy living, healthy eating or weight lass/management programs. smoking cessation. any physical or medical examination(s) that facilitate optimal participation in any of the above related activities / programs. PART EIGHT: Employee Development The City of Saint John is committed to providing assistance to all management and professional employees in their on-going professional development. The Employer agrees to pay all or a portion of tuition and related fees (including books) to be incurred by the employee to acquire any certifications, designations, under graduate or graduate degrees that would help fulfill their current or potential future responsibilities with the Employer. The degree to which a particular program will be supported will be based on its applicability to the needs of the organization. This shall include travel costs, if travel is required to meet course requirements. Payment by the Employer is to be agreed to by the employee, his/her manager and the City Manager or designate prior to registration or participation in any course or program. City of Saint John 16 January, 2009 338 Terms and Conditions ofEmPloyment-ManagenentlProfessional Personnel Employees receiving financial support from the City to pursue under graduate or graduate degrees shall be required to continue working for the employer for a minimum of four years following completion of the degree. In the event that the employee terminates their employment with the City prior to completion of this requirement they shall reimburse the City for a pro-rated portion of the costs incurred. The employee shall work on all courses and assignments on his/her own time, however, when the employee is required to travel to a conference, course, or program during normal business hours, the employee is not required to make the time up and shall be paid as if at work. Nothing herein shall guarantee a promotion as there are other factors beyond education that determine the best qualified person for a position. Maintenance of Professional Designations or Certifications Maintenance of professional designations and certifications is a demonstration of competence that is an essential component to the effective delivery of many City Services and in many cases is a prerequisite for carrying out certain responsibilities on behalf of the employer. Accordingly, the Employer agrees to pay the cost(s) associated with the employee maintaining his/her professional designation or certification. Transfer of Knowledge If a certification, designation, under graduate or graduate degree was obtained with the financial support of the Employer, then at the request of the Employer, the employee will participate in any program or initiative that helps transfer the employee's acquired knowledge to other employees of the organization. Such an expectation will be discussed with the employee prior to participation in the subject course or program. PART NINE: General Probationary Periods All newly hired employees must serve a probationary period of 12 months from the date of appointment. During such period the Employer shall evaluate the suitability of the employee for continued employment. Upon successful completion of the probationary period, the employee shall be confirmed in the position. City of Saint John 17 January, 2009 339 Terms and Conditions of Employment - ManagementfProfessional Personnel Workplace Conflict Resolution Procedure Workplace conflicts are to be resolved quickly, in an orderly fashion with the least possible anxiety for all concerned. The Employer is committed to the development and maintenance of a conflict resolution procedure whereby employees can bring matters of concern to their supervisor; ensure fair and equitable treatment for all employees; eliminate dissatisfaction, and resolve problems so that constructive workplace relationships are established and retained. In collaboration with our employees the City of Saint John will develop a Business Practice detailing procedures to be followed with regards to conflict resolution. City of Saint John 18 January, 200.9 340 APPENDIX B March 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Terms & Conditions of Employment Management/Professional Personnel BACKGROUND At the February 16, 2009 Committee of the Whole meeting the City Manager presented a report regarding the proposed Terms & Conditions of Employment for Management/Professional Personnel. The purpose of this report is to provide costing information related to changes incorporated in the proposed Terms & Conditions. ANALYSIS Over-all the proposed Terms & Conditions of Employment are largely a codification of existing practices and as such the cost impact of adopting the document is not significant. There are some changes however, each of the sections of the proposed Terms & Conditions of Employment are discussed below to highlight cost implications. Hours of Work: This section of the document establishes the expectations from the employer with regards to Hours of Work. There are no cost implications in this section. Salaries: The salary administration practices documented in this section are existing practice so there are no new costs involved. There may be cost implications associated with payments for Extraordinary Overtime and On-call assignments. In each of these cases the document requires scheduling of time-off to compensate for these circumstances. It is recognized however that there may be operational limitations that may require payment of time accumulated under these provisions. 341 It is difficult to assess the cost implications associated with these sections as operational demands can vary significantly based on changing service demands due to weather, emergency situations, etc. It is estimated that the cost associated with payment for extraordinary overtime and on-call situations should not exceed $20-25,000 annually. Benefits: Most of the provisions in this section represent existing practice, the exception being the vacation entitlements. The proposed document lowers the thresholds for vacation entitlement. The cost implication associated with these changes comes in cases where individuals need to be replaced while they are on vacation. This does not happen often, in fact one of the concerns expressed by management personnel is that when they return from vacation they have a significant back-log of work to catch-up on due to their absence. There may be times however where operational requirements necessitate temporarily filling of positions while individuals are on vacation. The estimated cost of this change is $10-15,000 annually. Absences due to Illness, Injury or Disability: The provisions in this section call for the establishment of an insured Long-Term Disability program for Management/Professional employees. The cost of the insurance program will be bourne by employees so that any benefits paid from the program are not subject to income taxation. Given this and the fact that sick leave utilization associated with management/professional personnel is not significant there are no cost implications associated with this section. Maternity and Paternity Leave: "There are no new entitlements in this section. Health & Wellness: The proposed document provides for a payment of up to $600 per year for fitness related programs and fees. If all personnel take advantage of this provision the cost would be approximately $48,000 per year. Over the long-term it is anticipated that this cost will be off-set by reductions in costs associated with illness (sick time and prescription drugs) and increases in productivity. In recognition of the fact that not all employees will utilize this program and the potential for cost reductions the annualcost of this provision has been estimated at $24,000. 342 Employee Development: There are no new entitlements in this section. General: There are no cost implications in this section. SUMMARY: In total it is estimated that adoption of the proposed Terms & Conditions of Employment will result in increased annual costs of approximately $60,000. INPUT FROM OTHER SOURCES: The castings in this report have been reviewed by the Commissioner of Finance. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Andrew P. Beckett, C.A. Deputy City Manager Programs & Priorities Terry L. Totten, F.C.A. City Manager 343 March 16, 2009 Deputy Mayor Chase & Members of Common Council: Re: COW Report - Appointments to Committees The Committee of the Whole, having met on March 2, 2009 recommends the following appointment: Rockwood Park Advisory Board: Appoint Margaret Urquhart for a one year term ending March 16, 2010. Sincerely, Ivan Court Mayor 344 rn M ra The City of Saint John March 13, 2009 Members of Common Council: Re: Water Committee The Saint John Water Committee consists of Mayor Court, Deputy Mayor Chase, and Councillors Titus and McGuire. Council has clearly identified Safe, Clean, Drinking Water as its number one priority. To that end, the Water Committee is looking forward to meeting with key Provincial and Federal Representatives. Representation would include: Senator John Wallace and Members of Parliament Rodney Weston, Rob Moore and Greg Thompson. The Water Committee also looks forward to meeting with Provincial Representatives: Minister Jack Kier and Premier Shawn Graham in the near future to discuss this critical issue. Make no mistake about it: This is our number one priority. Motion: That Council send a letter to the Prime Minister of Canada and the Premier of the Province re-stating than Clean , Safe, Drinking Water is the number one priority to the City of Saint John. Sincerely, Water Committee Mayor Court, Deputy Mayor Chase, Councillors Titus and McGuire SAINT JOHN P.0, Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ea ~ C.P. 11971 Saint Jahn, N.-B. Canada E2L 4L1 345 1 a _ P. O. BOY, t ~ J~~'~7 i, r'`r11 March 11, 2009 ;k City of Saint John Attention: Elizabeth Gormley, Common Clerk 15 Market Square P.O. Box 1971 Saint John I.B. E2L 4L1 .J r v 5~ w- r.f 1 Re: Rockwood Park Golf Course and Aquatic Driving Range Report submitted pursuant to a Contract between The City of Saint John and Total Golf Management Inc. dated ,'March 0, 1999. Dear Ms. Gormley: This Mayor and Common Council represents the 6th council which this local golf course management company, Total Golf Management Inc., has had the honour to serve and report. to with respect to the private operation by TGMI of the Rockwood Park Golf Course and Aquatic Driving Range, owned by the City of Saint John. The 2009 golf season will be the 15th year of private operation of the golf facilities by TGMI. Done of the current councillors were members of Common Council in March 1995 when TGMI was selected to operate the golf facilities on behalf of the City, under the terms and conditions of a contract signed by the late Mayor Tom Higgins. The original 10 year contract between the City of Saint John and TGMI was negotiated in February and March 1995 after a lengthy and comprehensive Call for Proposals process. The City's reason for seeking private proposal's to operate the golf facilities was best stated on page S of a staff report to Council dated 29 September 1994, as follows: "The pattern over the past five nears indicates there may alwavs be a deficit, since the operations have had good nears in the past as well. In other words, if the Citv continues to operate the golf course one would expect an average annual deficit of approximately $780.000." A subsequent Mayor and Council pledged their support in the continued private operation of the golf facilities by TGMI, when they approved a revised contract on March 1, 1999 with a renegotiated term extending through December 31, 2014 (The original contract term was to end on December 31, 2004). TGMI accepted almost all exposure to the cost of managing and operating the Golf Facilities, with the main exception of sharing the $50,000.00 annual amount specified for Capital improvements. TGMI also pays an annual lease fee of $30,000.00 to the City as a condition of the revised agreement. It should also be noted that the submission of this "Annual Report to Council" is a requirement of the contract. 346 During the 2007 and 2008 golf seasons TGMI completed a major Capital Project to build, rebuild and renovate the tee boxes on the Rockwood Park Golf Course. This project required the diligent efforts of the TGMI maintenance crew, with the assistance of local contractor Sam Maguire. The tees were constructed to golf industry specifications and required spending by TGMI of $65,000.00 beyond that required by contract. Refer to Annex IV for the details of why TGMI embarked on this project. TGMI continued to reflect on the condition of the golf course, with assistance / input from other experts in the golf industry. It was determined that there are many aging assets (several greens, some cart and equipment paths. the clubhouse parking lot and all sand trans) which have reached the end of their useful life and which should receive attention without delau. These proiects will require substantial Capital spending. It should also be recognized that there will be other major Capital expenditures lookingfive to ten years forward, as other assets require renovations / replacement at both the golf course and Aquatic Driving Range. TGMI would sueeest that a meeting; between TGMI and Citv Staff be arraneed to revisit the existing contract. This meeting would address the cavital requirements for the Citv's golf facilities. Such discussions could determine if there is interest in reneeotiatine some of the terms and conditions of the contract to address completion of the required capital proiects, with TGMI's involvement. TGMI has opted to freeze all season pass fees, and green fees for the 2009 golf season, in light of current economic conditions. The one exception to this is a $3.00 increase to the Senior green fee price to $25.00, tax included. This increase is reasonable considering that the tee time restrictions from 2008 have been eased significantly.(See Note 1 in Appendix 61) Common Council should be aware that TGMI currently owns more than $300,000.00 (all purchased new) in specialized golf course maintenance equipment. For the spring of 2009 TGMI has procured a new state of the art aerator, with a price tag of $16,000.00, which is required for necessary maintenance on tees and greens. It should also be noted that TGMI owns 35 power carts, all purchased new, with a replacement cost of $180,000.00. A full time mechanic is employed to manage preventive and corrective maintenance and thus protectthe investment in all equipment. TGMI has managed to continue to succeed at the Rockwood Park Golf Course during some very difficult times in the golf industry. All Golf Trade magazines have reported that annual rounds played across North America have declined each year since 2002 and many golf courses have not survived this trend. In fact, 2007 was the first year since the end of WWII that there were more golf course closures than openings. The Rockwood Park Golf Course and Aquatic Driving Range have experienced the same trend of decreasing usage (rounds played) since 2002. In 2001 there were 32,000 rounds played at Rockwood. [wring the 2005 golf season there were less than 26,000 rounds played. TGMI has survived through this period by managing the entire operation more efficiently and reacting to the decreasing usage by reducing expenditures. 347 Within this annual submission to Common Council, please find a report from Total Golf Management Inc. to the City of Saint John which is being provided in accordance with Article IV(11), IV(13) and IV(15) of the contract between the City of Saint John and Total Golf Management Inc. dated March 5, 1999 involving the Rockwood Park Golf Course and Aquatic Driving Range. Attached to the report are four (4) Appendices as follows: - Appendix I provides a summary of enhancements, accomplishments, refinements, improvements and operating highlights of the past year as set out in Article V(13). Appendix II provides a summary of the proposed 2009 Fee Structure with the 2008 rates for comparison purposes as contemplated by Article IV(11). - Appendix III provides the proposed Capital Improvements forthe facilities during 2009. - Appendix IV provides details on why the progressive and expensive tee refurbishment project proceeded. TGMI hopes that the report is received favourably and filed by Common Council and that the proposed golf fees are approved. Respectfully submitted, J Gerry lChnolly President, Total Golf Management Inc. cc: Gary Lawson 348 TOTAL GOLF MANAGEMENT INC. -and- THE CITY OF SAINT JOHN Rockwood Park Golf Course and Aquatic Driving Range Report 349 INDEX Appendix I Accomplishments / Enhancements 2008 Golf Season Appendix II - Proposed 2009 Fee Structure Appendix III - Proposed Plans / Enhancements 2009 Golf Season Appendix IV - Details on why TGMI proceeded with the tee refurbishment project 350 351 APPENDIX I Accomplishments / Enhancements 2008 Golf Season. City staff conducted site visits to assess TGMI`s contractual performance. Feedback from the City to TGMI indicated that it is fully cornoliant with contract terms and conditions. Similar annual performance reviews have transpired each year since contract signing. It should be noted that Citv staff were especially complimentary about the remarkable ranee, depth and quality of Capital work completed during the 2447 and 2448 eolf seasons; This work by TGMI was far in excess of that required by contract. TGMI continued to operate a Junior Golf Program for many local youth between the ages of 10 and 18 years. The program has been offered' each year since 1995 and provides great value. The Program includes. 1) A series of golf clinics and, in some cases, private instruction, 2) an Opening Field Day to kick off the golf season once school classes end, 3) a club championship whereby a junior male and female club champion are crowned, 4) a Closing Field Day in late August and 5) an opportunity to play a lot of golf for a very reasonable annual fee, with few restrictions. There were a total o 25,243 rounds of golf played at the Rockwood Park Golf Course during the 2008 golf season. The approximately 250 season pass holders accounted fort 1,658 rounds of golf, about 46% of total usage. It should be noted that the City has specified an annual contractual limit of 250 Season Passes to ensure that the local general public, who pay daily fees / green fees ( accounting for the other 54% of total usage), have fair access to the golf course. Appendix lI explains the remarkably great value which a. Season Pass provides. The Rockwood Park Golf Course hosted the local United Way Charity Golf Tournament again in 2008. TGMI waives all green fee costs associated with this annual event. contributing si%nificantly to the annual bottom line of the charity. The resultine lost revenue to TGMI for this "in-kind" community support was more than $ 3,744.44 in 2448. The golf course also continued to host other Charity golf tournaments and worked diligently with tournament organizers to maximize event fund raising. Several corporate golf outings were again scheduled throughout 2008. These events allow TGMI to showcase this wonderful City asset to local residents and visitors to the City of Saint John. Cruise ship passengers and crew are also regular customers at the Rockwood Park Golf Course and are widely complimentary of the quality and value of the golf experience offered. The Carnival Cruise Line has already initiated discussions with TGMI to arrange continued cruise / golf packages at the Rockwood Park Golf Course in 2009. 352 A very unique and effective annual fund raiser, a Helicopter Ball Drop, was again hosted by the Rockwood Park Golf Course in support of the local Animal Rescue League. Numbered golf balls are sold throughout each summer and the golf ball numbers are cross referenced to the name of each purchaser. All of the registered bal Is are then dropped from a helicopter onto a temporary green on Rockwood' Park's first fairway. The ball that finishes either in the hole or closest to the hole wins the grand prize; a $5,000.00 cash award in 2008! The Helicopter Ball Crop event raised $19,000.00 for the ARL. TGMI's assistance in delivering this flawlessly organized fund raiser is performed at no cost. TGMI completely reconstructed the teeing grounds (enlarging the surface area and building additional tees where possible) on holes #1, #2, #3, #4, #5, #8, #9 and #14. The tee reconstruction / expansion project began in 2007 after a detailed plan was developed with significant input from two very well respected industry experts (golf course superintendents from Mactaquac and Hampton), and with the approval of City staff. This major Capital project was completed in 2008. The tee boxes had been, for the most part, too few, too small and were constructed using non spec material. While TGMI has maintained the tees in accordance with contract specifications throughout the contract term, they were beyond the end of their useful life, as they were in 1995 when this public / private agreement began. TGMI excavated the subbase of each reconstructed tee to a depth of approximately 18 inches, replaced it with a specified sand / soil material, levelled and enlarged the usable area on most tees, replaced all irrigation lines and components, constructed stairways and protective barriers where required and, finally, sodded to finish the job. Again, TGMI spent $65,000.00 more on Capital work in 2007 and 2008 than required by contract. 353 APPENDIX If 354 APPENDIX 11 Proposed 2009 Fee Structure (HST included) GREEN FEES - 7 davs a week 2008 2009 7am-1 pm $ 37.00 $ 37.00 1:10pm-3pm $ 31.00 $ 31.00 After 3pm $ 25.00 $ 25.00 Senior green fee (See Note 1) $ 22.00 $ 25.00 Junior green fee $ 18.00 $ 18.00 Note 1 - Senior green fee players were restricted to afternoon golf rounds each Monday through Thursday in 2008. Responding to feedback by many seniors wanting fewer restrictions i.e. morning play in prime time, the senior fee now applies all day each Monday through Fridav through the entire golf season, for any golfer who has reached their 60`u' birthday SEASON PASS ANNUAL FEES 2008 Adult $ 960.00 Senior (restricted) $ 710.00 Senior (unrestricted) $ 850.00 Student $ 410.00 Junior $ 285.00 2009 $ 960.00 $ 710.00 $ 850.00 $ 410.00 $ 285.00 USEFUL INFORMATION ABOUT SEASON PASSES AT ROCK'WOOD PARK Question: What is the difference between a Membership and a Season Pass? Answer: Membership does have its privileges but it also comes with risk. That is. an overall financial loss at a member oriented golf club will lead to an equal monetarv "assessment" on each member to cover the loss. Season Passes carry no risk of additional cost bevond annual dues and are generally purchased to reduce an individuals usage cost oer round. Question: How many Saint John residents have a Season Pass at Rockwood Parr Golf Course? Answer: Season Pass holders comprise about 114 of 11% (about 250 individuals) of the Citv population, while consuming almost T/2 of the tee times. Question: Do all City tax payers have equal access to a Season Pass each year? Answer: No thev do not. By contract, anvone who attains a Season Pass does not have to ready for a Season Pass the following wear, or in any subsequent vear, unless then choose to not renew. This process began in 1995, immediately after contract signing. The Citv Provided TGMI with a list of Season Pass holders from the 1994 golf season (while the golf course was operated by the Citv) and it was required that those individuals would be guaranteed a Season Pass in 1495 and bevond, if thev so wished. Manv of them still retain their Pass. 355 Question: Is there a fairer system that could be employed to select Season Pass holders each year, similar to the annual provincial moose license draw, for example? Answer: Perhaps there is a fairer system, but the current method must be followed under the terms and conditions of the existing contract. Question: Does a Season Pass at Rockwood'. Park provide good value? Answer: While TGMI is obviously in a position of bias regarding this question. it does submit that, excluding lunior golfers. all other Season. Pass categories combined pav less than $10.00, net of taxes, on average per round of golf. This is much less than the average net revenue reauired to meet the cost of delivering each round of golf at this 18 hole golf course, based on 28,000 total rounds. The best evidence of this value is that the annual demand for Season Passes continues to be high. In fact.. Season Pass fees are artificially low thanks to the much higher fee per round generated by daily fee or tournament golf i.e. greens fee players. Question: Should the existing contract terms and conditions be amended to either eliminate Season Passes or to allow an unlimited number of Season Passes to be offered to the general public each golf season. Answer: TGMI believes that the current contractual terms and conditions pertaining to Season Passes are sustainable. Most pass holders are ambassadors of Rockwood Park Golf Course and take pride in the general auality of the overall product for the fee. Finallv, anv increase in the contractual Season Pass limits would require significant increases in annual Season Pass fees and would certainly move this municipal facility in the direction of becoming a limited access or private golf operation which is not desirable for anv Municipal facility. 356 APPENDIX III 357 APPENDIX III Proposed Plans/ Enhancements 2009 Golf Season. TGMI, in consultation with other golf industry experts, has identified the following golf course assets which require imminent rebuilding/ renovation: - Green #15 Green #5 Green #4 - Green #7 and - AI I sand traps Some cart paths and the unpaved portion of the clubhouse parking lot The City and TGMI will collectively spend $ 50,000.00 on Capital work in 2009 as required by contract. The selected projects, from the above list, shall be chosen in consultation between TGMI and City Staff. Again. TGMI offers to meet with City Staff to revisit the existing contract. Perhaos discussions could determine if there is interest in reneRotiatinR some of the terms and conditions of the contract to address comDletion of imminent Cax)ital broiects with TGMI's involvement. TGMI will continue to spend significantly on marketing/ advertising the many attributes of the golf course. Radio and print have been the main focus of media advertising, with occasional ads in the Board of Trade News Letter. A website is available at www.rockwoodDark2olf.com. It is a comprehensive website, developed by a local company at considerable cost to TGMI, to promote the golf course as another one of the many assets in this diverse City. 358 ik?PENDIX IV 359 APPENDIX IV Interactionslcommunications between the City and TGMI have been cordial, for the most part, since 1995. Reluctance by some members of Common Council to approve proposed adjustments to the fee structure first surfaced in the spring of 2003, and continued for the next couple of years. Criticism of TGMI's Annual Report to Council was almost singularly focussed on opposition to any increase to Season Pass Fees.( See Appendix II, attached, for details pertaining to Season Passes) In july 200" it was publicly reported that TGMI was allegedly breaching its contract with the City at the Rockwood Park Golf Course. The remarkably severe criticism, attributed to two councillors, alleged that TGMI was not meeting contract terms and conditions with respect to golf course maintenance. The criticism was subsequently determined to be unfounded in a detailed Staff Report to Council. Ironically, one conclusion of the Report was that golf course maintenance was being delivered as required, but the approach to proposed fee increases by some past councils was a deterrent to course improvements. The negative press generated as a consequence of these reckless and unwarranted public allegations resulted in an immediate discernable decrease in golf course revenues. After a few days of deliberation TGMI decided the best rebuttal to the negativity would be to immediately embark on a major Capital project; a project that would require spending far beyond that specified within the terms and conditions of its contract with the City. TGMI responded by completing a major project whereby new tee boxes were constructed and existing tee boxes were either renovated or rebuilt. The details of the project are provided in Appendix 1. TGMI, however, is unable to continueto exceed spending on Capital work beyond the contractterms and conditions. TGMI will spend $ 25,000.00 towards Capital work in 2009, as specified by contract. Combined with the City's matching Capital contribution, there will be $50,000.00 allocated for Capital this year, which is far short of the substantial investment required for imminent Capital work. This situation is exacerbated by the contractual condition which excuses TGMI from contributing to Capital spending in years 2010 through 2014 (In contemplation that TGMI would receive little or no benefit from such long term capital expenditures). It may be worthwhile, as suggested within this report, for the City and TGMI to meet and develop options for moving forward with necessary and immediate Capital projects. 360 Symphony New Brunswick Symphonie Nouveau-Brunswick March 12, 2009 Mayor Ivan Court and Members of Saint John Common Council City of Saint John 15 Market Square C.P.1971 Saint John (NB) E2L 4L 1 Your Worship and Members of Saint John Common Council, As President and Board Chair of Symphony New Brunswick, I wrote on behalf of the Board of Directors to the then Mayor and Members of Common Council on April 14, 2008 requesting that our annual grant be increased from $5,000 to $10,000. After the municipal election, I met with Mayor Court to discuss my earlier request. There were inquiries from several City Departments over the summer and fall about our request and we were asked if we wished to appear before Common Council. We agreed but nothing was scheduled. I was, therefore, quite disappointed to learn from Mayor Court today that we did not make the budget cut at all. Symphony New Brunswick is the only major provincial performing arts organization based in Saint John. Theatre New Brunswick is located in Fredericton and Atlantic Ballet Theatre is based in Moncton, both have regular performances in Saint John. SNB has its regular season in Fredericton and Moncton as well as in Saint John, where the largest audiences are. Our audiences in Saint John at the Imperial Theatre are nearly full houses, with attendance numbers ranging from 550 to 850. TNB receives annual operating support from the City of Fredericton and Atlantic Ballet Theatre has a I 0-year commitment for $50,000 per year. Our request is small in comparison. I am attaching hereto the most recent data from Orchestras Canada, which shows the municipal/regional grants for orchestras across the country in 2007-08. As you can see, Saint John is very near the bottom when compared to orchestras in the other municipalities. Since you have my earlier letter, which lays out the reasons why an annual grant from the City of Saint John is important to SNB,1'll not try to repeat the arguments here. I'll only underscore two points. The Symphony presence in Saint John is a great draw to companies, agencies and individuals thinking of locating to Saint John. Given the growing internationalization of Saint John, you should know that new immigrants attend our concerts, are involved in our youth apprenticeship program, and are even members of the orchestra so that SNB is a draw for new immigrants. Secondly, in approaching individuals, companies and foundations for support, we are frequently asked what the City of Saint John does financially for SNB. To be able to say that we have the support of the City is therefore important in raising the additional funds necessary to put on our Brunswick Square, Level 119, 39 King Street, Saint John, NB E2L 4W3 T. 506-634-8339 F: 506-634-0843 Ismail: symphony 9nbnet.nb.ca Websit+e. www.symphonynb.com 361 annual schedule of concerts. Our outreach program extends to school children around southern New Brunswick and has been well received by music teachers, principals and students. We have glowing letters from children and principals that speak to the importance of our outreach program should you wish to see them. We have an excellent symphony orchestra that Saint Johners are justifiably proud of and grateful to have in the community. Under our new Music Director, the orchestra continues to improve in quality and range of music it performs. Over the last five years we have worked our way out of debt so that we no longer have any accumulated debt and have had a small surplus on our operating budget in each of the past five years. We have a strong volunteer base in Saint John and the other two cities. Like all orchestras in Canada, we derive only about 40 percent of our operating budget from ticket sales and must rely on provincial government and Canada Council support together with annual giving and sponsorships from companies, foundations and individuals to make up the difference. It is a challenge every year but we have managed. Annual support from the City of Saint John has certainly helped. I must ask you to reconsider our request for support. If there are any unallocated funds available, I would ask that we be given serious consideration. We are, and wish to remain, a feather in Saint John's cap and wish to remain so. With your help we can do so. Our budgets range annually from $500,000 to $725,000 and much of the money is spent in Saint John. The Board understands it is a tight budget year for the City and we certainly are aware of the challenges. If the increase to $10,000 is unattainable this year, a grant of $7,500 would greatly help as would a continuation of the past level of support of $5,000. ~rioely, J Thomas J. Condon, CM., Ph.D. President and Board Chair 362 Orchestras Canada Comparative Report 2007-08 Municipal/Regional Grants Montreal Toronto National Arts Vancouver Calgary Edmonton Winnipeg Quebec Kitchener Centre Waterloo $435,000 $1,004,000 $1,002,175 $287,003 $330,000 $240,000 $547,506 $394,483 Tafel-Musik London Victoria Metropol- Nova Scotia I usicie Windsor Regina Thunder Bay itain Montreal $135,000 $463,591 $367,900 $255,000 $15,000 $75,000 $300,000 $97,500 $170,000 Saskatoon Hamilton Phil Trois Laval Manitoba Kingston Newfoundland Kamloops Okanagan Orch Rivieres $46,579 $107,689 $90,000 $80,000 $41,000 $85,000 $50,000 $75,793 $66,793 Ottawa New Saguenay- Niagara Prince Vancouver Mississauga Red Deer Timmins Brunswick Lac St. Jean George Island $72,000 $5,000 $45,000 $10,000 $90,000 $57,200 $90,000 $14,000 $0 Sudbury Lethbridge International Oakville Brantford Georgian Prince Edward Peterborough Orchestra Bay Island Toronto $26,000 $46,000 $0 $12,000 $12,300 $0 $2,500 $0 $18,000 North Bay Sault Guelph Kootenays Sooke Quinte Cathedral Huronia Hamilton Bluffs $0 $5,000 $3,000 $5,150 $0 $0 $10,500 $17,000 $12,044 co co co Selected Cities With Comparable Orchestra Presences - Municipal /Regional Support 2007-8 Regina 97,500 Prince George 30,000 Mississauga 90,000 Ottawa 72,000 Vancouver island 57,200 Newfoundland 50,000 Saskatoon 46,500 Lethbridge 46,000 Saguenay-Lac St. Jean 45,000 Sudbury 26,000 Orchestra Toronto 18,000 Halifax 15,000 Red Deer 14,000 Georgian Bay 13,282 Guelph 12,000 Niagara 10,000 Saint John 5,000 ,zT co M