The URL can be used to link to this page

2009-06-15_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, June 15, 2009 Committee of the Whole 1. Call to Order 5:00 P.M. 8th Floor Boardroom 1. Employment Matter 10.2(4)(f,g j) 2. Legal Opinion 10.2(4)(f) 3. Legal Opinion 10.2(4)(f) Regular Meeting 1. Call to Order — Prayer 6:15 P.M. Council Chamber 2. Approval of Minutes 2.1 Approval of Minutes - May 25th, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 David Bird Letter Damage to Vehicle (Recommendation: Refer to the City Manager) 5.2 Eric Teed Letter Community Gardens (Recommendation: Receive for Information) 5.3 Canadian Emergency Management College Agreement (Recommendation in Report) 5.4 Princess Street Reconstruction (Recommendation in Report) 5.5 Red Head Rd Sanitary Forcemain (Recommendation in Report) 5.6 Westmorland Road Water Booster Station Upgrade (Recommendation in Report) 5.7 Saint John Transit Request to Present (Recommendation: Refer to Cleric to Schedule) 5.8 Design and Constriction Management: Albert St(Victoria St to Main St) (Recommendation in Report) 5.9 Tender for Market Square Boardwalk Refurbishment - Phase 1 (Recommendation in Report) 5.10 Tender for 1 Tonne Cab and Chassis (Recommendation in Report) 5.11 Tender for Arena Board Replacement - Peter Murray Arena (Recommendation in report) 5.12 Funding Support - Fundy Bay Festival (Recommendation in Report) 5.13 Street Name Change (Recommendation in Report) 5.14 Proposed Public Hearing Dates: 43 Downsview Dr, 130 Station St, 389 397 Millidge Ave, 1427 Rothesay Rd, 299 Golden Grove Rd, 100 Fallsview Ave (Recommendation in Report) 5.15 Acquisition of Land from Province of NB Connector Road between Harding St and Fairville Blvd (Recommendation in Report) 5.16 Maritime & Northeast Pipeline Crossing Agreement KP 92 at 500 Fairville Blvd (Recommendation in Report) 5.17 Saint John Salvage Corps & Fire Police Admission of New Member (Recommendation in Report) 5.18 Amendment to Sale of 225 Prince William St to Ellerdale Properties Ltd. (Recommendation in Report) 5.19 Frank Rodgers Letter Pension Arrangement (Recommendation: Receive for Information) 5.20 Contract No 2009 14 Asphalt Concrete Resurfacing 2009 (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 6:30 P.M. 8.1 Saint John 225 Committee 7:30 P.M. 8.2(a) Harry Kitchen and Enid Slack: Options for Financing Services and Infrastructure 8.2(b) Harry Kitchen and Enid Slack: Options for Financing Services and Infrastructure 8.2(c) Commissioner of Finance: Long -Term Financial Impact on Capital Program 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 806 Manawagonish Rd 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2 Proposed Street Closure - Crown Street 9.3 Proposed Street Closure - Mitchell Street 10. Consideration of By -laws 10.1 Third Reading - ByLaw Amendment Respecting Traffic on Streets in City of Saint John 10.2 Third Reading - ByLaw Amendment with Respect to Parking Zones, Parking Meters and Pay and Display Machines 11. Submissions by Council Members 11.0 Forestry Sector Crisis (Mayor Court) 11.1 Budget Submissions to Finance Committee (Councillor Sullivan) Tabled on June 1, 2009 11.2 Assignment of Lead Responsibility in Water Treatment Project (Deputy Mayor Chase)Tabled on June 1, 2009 113 Minimum Property Standards Statistics from May 2008 to May 2009 (Councillor McGuire) 11.4 West Saint John Recreation/Leisure Examination (Councillor McGuire) 11.5 West Saint John Retail Development Form Participant Feedback Summary (Councillor McGuire) 12. Business Matters — Municipal Officers 12.1 Common Clerk: Rogers TV Webcasting And Televising Coverage for Council Meetings 12.2 City Manager: Recent Amendments to Community Planning Act 12.3 City Manager: Municipal Plan Amendment & Rezoning Application - Sandy Point Rd 12.4 City Manager: Quality Asphalt Pavements A Commitment to Improving Saint John Streets (Recommendation in Report) 12.5 City Manager: Demolition of Dilapidated Building at 50 Durham Street 12.6 Common Clerk: Proposed Revised Business Improvement Area - West 13. Committee Reports 13.1 Planning Advisory Committee: 2377 Loch Lomond Road Secord Subdivision 13.2 Planning Advisory Committee: 20 Dutch Garden Lane Subdivision and Variance 13.3 Saint John Industrial Parks - Assent for Municipal Services Easements and Public Utility Easements 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 John Henderson Law Office Request to Present - A. Brun Building Certificate Application 15.2 Lily Lake Pavilion Request to Present 15.3 Request for Funding National Senior Little League Championship 16. Adjournment June 15, 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 The Common Council meeting of June 15, 2009 contains the following items on the agenda: 1. Employment Matter 10.2(4)(f,gj); 2. Legal Opinion 10.2(4)(f); 3. Legal Opinion 10.2(4)(f); 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": 1.1 Employment Matter 10.2(4)(f,gj): (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, including the negotiation of collective agreements 1.2 Legal Opinion 10.2(4)(f): (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; 1.3 Legal Opinion 10.2(4)(f): (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-, Respectfully Submitted, Elizabeth Gormley Common Clerk )�",I 94-460 COMMON COUNCIUCONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 25, 2009 5:00 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Mott, Snook, Sullivan, and Titus - and - T. Totten, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; B. Connell, Police Staff Sargent; K. Clifford, District Fire Chief; J. Taylor, Assistant Common Clerk and Jeanne Beltrandi- Chown, Administrative Assistant, SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN HOTEL DE VILLE — LE 25 mai 2009 A 17 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Mott, Snook, Sullivan et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; C. Graham, controleuse; P. Groody, commissaire aux operations municipales; K. Forrest, commissaire a I'urbanisme et au developpement; A. Poffenroth, commissaire adjoint aux services d'inspection et des b6timents; B. Connell, sergent d'etat -major du service de police; K. Clifford, chef du service d'incendie de district; J. Taylor, greffier communal adjoint et Jeanne Beltrandi- Chown, adjointe administrative. 1. Call To Order — Prayer Mayor Court called the meeting to order and Reverend David Nicolson offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur David Nicholson recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council held on April 27 & May 4, 2009 be approved. 94 -461 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 3. Approval of Agenda On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 3. Adoption de l'ordre du jour Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la pr6sente seance soit adopte. A Tissue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Eric Teed dated May 19`h, 2009, regarding the Mayor's position on the UNB Board of Governors, be received for information. 5.2 That as recommended by the Assistant Common Clerk, Common Council meetings be scheduled on June 1, June 15 and June 22, 2009, in order to comply with the procedural by -law. 5.3 That the letter from Donna Reardon dated May 13, 2009, regarding the replacement of granite curbing, be received for information. 5.4 That as recommended by the City Manager, the proposal submitted by Hatch Mott MacDonald to provide engineering services for the replacement of the existing vehicle exhaust system as well as the installation of a new make -up air system and a general exhaust/ventilation system complete with gas detection system at the Central Fleet Garage in the amount of $29,921.00 plus tax, be accepted. 5.5 That as recommended by the City Manager, the tender for the supply of all necessary labour materials and equipment required to upgrade the public washrooms at the City Market, submitted by ICR General Contractors Limited of Saint John, NB, in the amount of $64,950.00, be accepted. 5.6 That as recommended by the City Manager, the proposal of Conquest Engineering Ltd. for engineering services — asphalt concrete, Portland cement concrete and soils testing and inspection for 2009 be accepted; and further that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. 5.7 That the letter from the Leisure Services Advisory Board regarding the construction of a fence at the Samuel de Champlain field be received for information. 5.8 That as recommended by the City Manager, the report on Shamrock Park land issues be received for information. 94462 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 5.12 That as recommended by the City Manager, Common Council schedule the public hearing for the Section 39 application of W &S General Contractors Ltd. (251 Wentworth Street) for Monday, June 22, 2009 at 7;00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 5.13 Refer to 12.8 5.14 That as recommended by the City Manager, the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 126 square metre t portion of a public street known as Crown Street, be set for Monday, June 15, 2009 at 7;00 p.m. in the Council Chamber. On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 RESOLU que la lettre presentee par Eric Teed en date du 5 mai 2009 concernant la decision prise par le maire relativement au conseil des gouverneurs de UNB, soft acceptee A titre informatif. 5.2 Que les dates des seances du conseil communal solent fixees au ter, au 15 et au 22 juin 2009, afin de respecter 1'arrete sur le reglement interieur. 5.3 Que la lettre de Donna Reardon en date du 13 mai 2009 relative au remplacement des bordures en granite soit acceptee A titre informatif. 5.4 Que la proposition presentee par Hatch Mott MacDonald concernant la prestation de services d'ingenierie dans le cadre du remplacement des systemes d'echappement des vehicules ainsi que ('installation d'un nouveau systeme d'air d'appoint et d'un systeme complet d'echappement et de ventilation equipe d'un dispositif de detection de gaz dans le garage central de la flotte de vehicules pour is somme de 29 921 $, taxes en sus, soit acceptee. 5.5 Que la soumission presentee par ICR General Contractors Limited de Saint John (N. -B.) concernant I'approvisionnement en main - d'oeuvre, materiaux et equipement necessaires a la modernisation des toilettes publiques au marche municipal pour la somme de 64 950 $ soit acceptee. 5.6 Que la proposition presentee par Conquest Engineering Ltd. relativement aux services d'ingenierie (baton asphaltique, baton de ciment Portland et evaluation et inspection des sols pour 2009) soit acceptee et que le maire et le greffier communal soient autorises A signer la documentation exigee A cet effet. 5.7 Que la lettre revue du Conseil consultatif des services des loisirs relativement a l'installation d'une cloture autour du terrain du Centre scolaire- communautaire Samuel - de- Champlain soit acceptee A titre informatif. 5.8 Que le rapport sur les questions liees au bien -fonds du part Shamrock soit accepte 6 titre informatif. 94 -463 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 5.12 Que le conseil communal fixe la date de I'audience publique au lundi 22 juin 2009, a 19 h, dans la salle du conseil, relativement a la demande de modification des conditions prevues a I'article 39 presentee parW &S General Contractors Ltd. (251, rue Wentworth), et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.13 Voir le point 12.8 5.14 Que I'audience publique, relative a I'adoption d'un arrete visant a fermer et a barrer une partie d'une rue publique d'une superficie de 126 metres carres environ, connue sous le nom de rue Crown, soit tenue le lundi 15 juin 2009, a 19 h, dans la salle du conseil. Proposition du conseiller McGuire Appuyee par le conseiller Mott RESQLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A Tissue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 Disability Awareness Week May 31" to June 1P, 2009 The Mayor proclaimed the week of May 31St to June 6th, 2009 Disability Awareness Week in the City of Saint John. 7. Proclamation 7.1 Semaine de sensibilisation a la situation des personnes handicapees du 31 mai au 6 juin 2009 Le maire declare que la semaine du 31 mai au 6 juin 2009 constitue la Semaine de sensibilisation a la situation des personnes handicapees dans The City of Saint John. 7.2 National Safe Kid's Week May 25th to May 31st, 2009 The Mayor proclaimed the week of May 25" to May 315t, 2009 National Safe Kid's Week and call upon all citizens to take the time to prepare themselves and their children to think safety first this week and every week. 7.2 Semaine nationale SecuriJeunes du 25 au 31 mai 2009 Le maire declare que la semaine du 25 au 31 mai 2009 constitue la Semaine nationale SecuriJeunes. De plus, it encourage les citoyens a prendre le temps necessaire pour qu'eux -memes et leurs enfants placent desormais la securite au Coeur de leurs preoccupations. 8. Delegations /Presentations 94-484 No- ,TTL +]►[ +I ]►I+7I [ +]il+� L�+I+]ul'ullii:l MAY 25, 20091LE 25 MAI 2009 parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID number 00314427, from "R -2" One and Two Family Residential to "R -4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -101, A Law to Amend the Zoning By -Law of The City of Saint John, was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use and development of a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID Number 00314427, be subject to the condition that: a. the use of the property is limited to a maximum of three dwelling units, b. the applicant obtains a Change of Use permit for the three dwelling units to ensure that all Building and Fire Code standards are met; and further, that upon rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Question being taken, the motion was carried. On motion of Councillor Killen Seconded by Councillor Mott RESOLVED that the by -law entitled, "By- Law Number C. P. 110 -101 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID number 00314427, from "R -2" One and Two Family Residential to "R-4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -101, A Law to Amend the Zoning By -Law of The City of Saint John. 10. Etude des arretes municipaux 10.1aj Troisieme lecture du projet de modification de I'arrete de zonage visant le 37, avenue Northumberland 10A bj Conditions imposees par I'article 39 Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que 1'arrete intitule a Arrete n° C.P.110- 101 modifiant I'Arrete de zonage de The City of Saint John )f modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 873 metres carres situee au 37, avenue Northumberland et inscrite 94-465 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 Appuyee par le conseiller McGuire RESOLU qu'en vertu des conditions prevues a I'article 39 de la Loi sur 1'urbanisme, le projet relatif a ('utilisation et a I'amenagement d'une parcelle de terrain d'une superficie d'environ 873 metres carres, situee au 37, avenue Northumberland et portant le NID 00314427, soit assujetti aux conditions suivantes : a. que ('usage de la propriete soit limite a un nombre maximal de trois logements; b. que le requerant obtienne une modification du permis d'utilisation pour les trois Iogements afin de s'assurer que ces derniers respectent les normes etablies par le Code national du batiment et le Code national de prevention des incendies; et qu'a la suite du rezonage du secteur, le terrain et tout batiment ou construction soit amenage et utilise conformement a la proposition et aux conditions stipulees par les presentes, A ('issue du vote, la proposition est adoptee. Proposition du conseiller Killen Appuyee par le conseiller Mott RESOLU que I'arrete intitule cc Arrete no C.P. 110 -101 modifiant I'Arrete de zonage de The City of Saint John 3f modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 873 metres carres situee au 37, avenue Northumberland et inscrite sous le NID 00314427 pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales cc R -2 n a zone residentielle — habitations de quatre Iogements a R -4 r >, conformement a une resolution adoptee par le conseil communal en vertu de I'article 39 de la Loi sur 1'urbanisme, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule cc Arrete no C.P. 110 -101 modifiant I'Arrete de zonage de The City of Saint John ». 10.2(a) Third Reading Zoning By -Law Amendment 83 Hawthorne Avenue and 90 Parks Street Extension On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By- Law Number C.P. 110 -102 A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 90 square metres, located at 90 Parks Street Extension, also identified as being a portion of PID number 00027607, from "R -4" Four Family Residential to "R -2" One and Two Family Residential, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -102 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire 94-466 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 Read a third time by title, "By -Law Number C.P. 110 -102 A Law to Amend the Zoning By -Law of The City of Saint John." 10.2aj Troisieme lecture du projet de modification de I'arrete de zonage visant le 83, avenue Hawthorne et le prolongement donnant sur le 90, rue Parks Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arret6 intitul6 « ArrW no C.P. 110-102 modifiant I'arretd de zonage de The City of Saint John ry, modifiant I'annexe A, plan de zonage de The City of Saint John, en proc6dant au rezonage d'une parcelle de terrain situee au 90 du prolongement de la rue Park, d'une superficie approximative de 90 metres carr6s, inscrite sous le NID 0027607, afin de la faire passer de zone residentielle — habitations de quatre logements (( R -4 )) a zone residentielle — habitations unifamiliales et bifamiliales cc R -2 ff, fasse l'objet d'une lecture. A l'issue du vote, la proposition est adoptee. L'arrete intitule a Arrete no C.P. 110 -102 modifiant I'arrete de zonage de The City of Saint John » est lu int6gralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arret6 intitul6 cc Arrete no C.P. 110 -102 modifiant I'arret6 de zonage de The City of Saint John )), modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situ6e au 90 du prolongement de la rue Park, dune superficie approximative de 90 metres carr6s, inscrite sous le NID 0027607, afin de is faire passer de zone residentielle — habitations de quatre logements cc R -4 f) a zone residentielle — habitations unifamiliales et bifamiliales c( R -2 y), fasse !'objet d'une troisieme lecture, que ledit arret6 soit 6dict6 et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule a Arrete no C.P. 110 -102 modifiant I'Arrete de zonage de The City of Saint John ». 10.3 Public Presentation — Proposed Municipal Plan Amendment 994.1000 Rothesay Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan, from Low Density Residential to Service Corridor, a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as PID Nos. 55007264, 00296756, 00296541, 00297051 and 00297689 to permit the development of a recreational vehicle sales establishment as requested by Hughes Surveys & Consultants on behalf of Aberdeen The RV Place Ltd. 103 Presentation publique relative au projet de modification du plan municipal visant le 994 -1000, chemin Rothesay Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier la classification a I'annexe 2 -A du plan, la faisant passer de zone residentielle de faible densit6 a zone de corridor de service, une parcelle de terrain d'une superficie approximative de 1,2 hectare situee au 994 -1000, rhamin RnthP�nv insrritP snus IPs NID 95007264. 00296756. 00296541. 00297051 et 94467 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 00001594, 00001586 and 00001800 and also added to the list of Approved Commercial Developments in sub - section 2.4.6.28 to permit a parking area as requested by 514574 NB Ltd. 10.4 Presentation publique relative au projet de modification du plan municipal visant le 47.51 et le 63.69, rue Ross et le 72.74, rue St. James Une presentation publique est donnee relativement a un projet de modification du plan d'amenagement municipal afin de faire passer la designation, aux annexes 2 -A et 2 -C du plan d'amenagement, de parcelles de terrain situees au 47 -51 et au 63 -69 rue Ross et au 72 -74, rue St. James, d'une superficie approximative de 1880 metres carres, inscrites sous les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone residentielle a densite moyenne 6 zone d'amenagement commercial approuve et qu'elles soient ajoutees a la liste des zones d'amenagement commercial approuve prevue au paragraphe 2.4.6.28, afin de prevoir une aire de stationnement, a la demande de 514574 NB Ltd. 11. Submissions by Council Members 11.1 Employee Questionnaire (Councillor Higgins) On motion of Councillor Higgins Seconded by Councillor Sullivan RESOLVED that Common Council convene a committee of Councillors to compose a questionnaire to be distributed to all City of Saint John employees asking for input as to how The City of Saint John can find efficiencies and contribute to our City's fiscal, financial, social, and environmental futures. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Councillors Farren, Higgins and Mott be accepted as the members of the committee struck to compose a questionnaire to be distributed to City employees. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Questionnaires des employes (conseiller Higgins) Proposition du conseiller Higgins Appuyee par le conseiller Sullivan RESOLU que le conseil communal constitue un comite compose de conseillers afin d'etablir un questionnaire qui sera distribue a tous les employes de The City of Saint John, et ce, dans le but de recueillir toutes leurs suggestions relativement a la maniere dont The City of Saint John doit proceder pour realiser des economies et pour assurer I'avenir fiscal, financier, social et environnemental de notre ville. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RtSOLU que les conseillers Farren, Higgins et Mott fassent partie du comite dont le role est de mettre sur pied un questionnaire qui sera distribue aux employes de la Ville. 94468 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 2009/LE 25 MAI 2009 Question being taken, the motion was defeated with the Mayor, Deputy Mayor and Councillors, Farren, Higgins, Killen, McGuire, Mott, Snook and Sullivan voting nay. On motion of Councillor Higgins Seconded by Councillor Sullivan RESOLVED that all elected members of the municipality of Saint John have a 5% reduction in remuneration for the next two years. Question being taken, the motion was defeated with the Mayor and Councillors Court, Killen, McGuire, Mott and Snook voting nay. 11.2 Reduction de la remuneration des membres elus (conseiller Higgins) Proposition du conseiller Titus Appuyee par le conseiller Court RtSOLU que la soumission du conseiller Higgins intitulee Reduction de la remuneration des membres elus soit reportee jusqu'aux deliberations budgetaires de 2010. A l'issue du vote, la proposition est rejetee. Le maire, le maire adjoint ainsi que les conseillers Farren, Higgins, Killen, McGuire, Mott, Snook et Sullivan votent contre la proposition. Proposition du conseiller Higgins Appuyee par le conseiller Sullivan RESOLU que la remuneration de tous les membres elus de la municipality de Saint John soit reduite de 5 % pour les deux prochaines annees. A ('issue du vote, la proposition est rejetee. Le maire ainsi que les conseillers Court, Killen, McGuire, Mott et Snook votent contre la proposition. 11.3 Industrial User Water Rates (Deputy Mayor Chase) On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that Council direct the City Manager to provide, for Council's consideration, recommended industrial user water rates, based on consultation with industrial users; and further If the charge per unit of water cannot be determined, then an agreement on pricing principles and structures should be presented for Council's consideration, which must be agreed upon by the respective industrial users and the City; and further, This report shall be presented for the Council meeting of June 15, 2009. The City Manager stated that in the past 2 weeks the City has had very positive meetings with the City's large industrial users. Mr. Totten recommended that City staff meet with Council in a closed session of Committee of the Whole to further discuss this topic. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that a closed Committee of the Whole 94-489 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 11.3 Tarifs des utilisateurs d'eau industriels (maire suppleant Chase) Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que le conseil communal charge le directeur general de fournir, aux fins d'examen par le conseil, les recommandations visant les tarifs des utilisateurs d'eau industriels, apres consultation aver ces derniers. Si le tarif par unite d'eau ne peut pas titre fixe, une entente relative aux principes de tarification et aux structures devra alors titre presentee au conseil aux fins d'examen et elle devra titre conclue entre les utilisateurs industriels respectifs et la Ville; Ce rapport devra titre presente a la seance du conseil du 15 juin 2009. Le directeur general annonce que les reunions entre la Ville et les Brands utilisateurs d'eau industriels se sont bien deroulees durant ces deux dernieres semaines. M. Totten suggere que le personnel de la Ville se reunisse avec le conseil lors d'une seance privee du comite plenier pour discuter davantage de ce sujet. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU qu'une date de reunion privee du comite plenier soit fixee la semaine prochaine pour permettre au directeur general d'informer le conseil des reunions qui ont eu lieu entre la Ville et les Brands utilisateurs d'eau industriels de la Ville et que le conseil regoive les recommandations relatives a la maniere dont proceder. A ('issue du vote, la proposition est adoptee. Le directeur general annonce qu'il prevoit presenter au conseil, la semaine prochaine, un aperqu des discussions portant sur le tarif de 1'eau et des negociations auxquelles les grands utilisateurs d'eau industriels ont pris part. 11.4 Affordable Housing Strategy (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that Common Council provide its consent for Councillor McGuire to begin discussions concerning funding options with Benefits Blueprint officials with the goal of developing an affordable housing strategy for Saint John; and further that reporting back to the Mayor and Council with updates on this file will be mandatory. Responding to a request from the City Manager, Councillor McGuire indicated that he would also follow up with the Commissioner of Planning with respect to this file. Question being taken, the motion was carried. 11.4 Strategie en matiere de logements abordables (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le conseil communal donne son accord pour que le conseiller McGuire entame des discussions portant sur les options de financement avec les membres de ('initiative Prevision d'avantages, et ce, dans le but de mettre au point une strategie en matiere de logements abordables pour Saint John 94 -470 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 11.5 Enterprise Saint John Western Retail Development Forum (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submission from Councillor McGuire entitled Enterprise Saint John Vilest Saint John Retail Development Forum May 28, 2009, be received for information. Question being taken, the motion was carried. 11.5 Forum tenu par Enterprise Saint John concernant I'amenagement commercial a Saint John Ouest (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la sobmission du conseiller McGuire relative au forum du 28 mai 2009 tenu par Enterprise Saint John concernant I'amenagement commercial a Saint John Ouest soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Common Clerk: Efficiency of Council Meetings On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that as recommended by the Common Clerk, Council adopt the following recommendations: 1) The Clerk schedule items with anticipated long duration for an `off Monday'; 2) The Clerk schedule the procedural by -law for Council review for areas of efficiency opportunities; 3) The Clerk schedule the committee system form of governance for Council review; 4) Delegations and Council members are reminded of time limits and "questions -not comments ", at the beginning of every presentation; 5) The Clerk monitor individual members' debating times and advise the Mayor accordingly; B) A clock be placed at the podium for the benefit of presenters; 7) Council members respect the Chair as leader of the meeting; 8) Council members move their motions without reading text, and offer explanation only if requested; 9) At the beginning of each Council meeting, the presiding officer remind Council of the time limitations for speaking on agenda items and the rules around debate; 10) The presiding officer thank presenters on behalf of Council; 11) The presiding officer follow the same procedural rules as other members; 12) The procedural rules enforced by the Mayor and by other Council members if necessary. Councillor Snook stated that he did not agree with recommendations #8 or #3 of the report. Councillors Court and Killen sated that they do not agree with recommendation #3 of the report. 94-471 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 2009/LE 25 MAI 2009 1) Que la greffiere fixe la date des points dont la discussion sera longue A un (i lundi sans seance ordinaire f); 2) Que la greffiere fixe une date de presentation relativement a 1'arrete sur le reglement interieur pour permettre au conseil de determiner les domaines dans lesquels des economies peuvent We realisees; 3) Que la greffiere fixe une date de presentation du mode de gestion du systeme des comites aux fins d'examen par le conseil; 4) Que I'on rappelle aux delegations et aux membres du conseil que le temps de parole est limite et qu'il faut poser des questions et non pas faire de commentaires, au debut de chaque presentation; 5) Que la greffiere verifie le temps de debat imparti a chaque membre et informe le maire en consequence; 6) Qu'une horloge soit installee sur 1'estrade a ('intention des personnes prenant la parole; 7) Que les membres du conseil montrent le respect qui est du au president de seance; 8) Que les membres du conseil presentent une motion sans lire leur feuille et qu'ils ne fournissent des explications que s'ils sont invites a le faire; 9) A I'ouverture de chaque seance, que le president rappelle au conseil que les points a I'ordre du jour sont soumis A un temps de parole limite et que le debat est reglemente; 10) Que le president adresse ses remerciements aux personnes ayant pris la parole au nom du conseil; 11) Que le president du conseil respecte les regles de procedure au meme titre que les autres membres; 12) Que les regles de procedure soient appliquees par le maire et par les autres membres du conseil, si necessaire. Le conseiller Snook indique qu'il n'approuve pas les recommandations n° 8 et 3 du rapport. Les conseillers Court et Killen indiquent qu'ils n'approuvent pas la recommandation n° 3 du rapport. A ('issue du vote, la proposition est acceptee. Les conseillers Court, Farren, Higgins, Killen et Snook votent contre la proposition. 12.2 City Manager: Accessibility for Citizens with Disabilities On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Common Council direct the Common Clerk to contact the Ability Advisory Committee and schedule an Open Committee meeting with this Committee so as to allow for a free flow of information. Councillor Snook proposed an amendment to the motion, seconded by Councillor McGuire: that the Ability Advisory Committee make a presentation in a regular session of Council. Question being taken on the amendment, the motion was carried. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Common Council direct the Common Clerk to schedule a presentation from the Ability Advisory Committee in a regular session of Council. Question being taken on the motion as amended, the motion was carried. 94-472 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 Le conseiller Snock propose une modification a la proposition, appuyee par le conseiller McGuire, selon laquelle le Comite consultatif sur les personnes handicapees ferait une presentation devant le conseil lors d'une seance publique. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil communal charge la greffiere communale de fixer la date pour que le Comite consultatif sur les personnes handicapees fasse une presentation devant le conseil lors d'une seance publique ordinaire. A ('issue du vote, la proposition telle qu'elle est modifiee est adoptee. 12.3 City Manager: 85 Hayes Ave — Zoning By -Law Violation On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that whereas the records of the Saint John Registry Office show Edna L. Baribault and Wayne A. McGaughey to be the registered owners of the parcel of land located on the eastern side of Hayes Avenue, Saint John, NB at civic address 85 Hayes Avenue and designated as PID No. 408666; And whereas the said Property is zoned "RS -2 ", "One and Two Family Suburban Residential" under the Saint John Zoning By -Law; And whereas, contrary to and in violation of section 120 of the By -Law, and contrary to notices and an Order form the City of Saint John, the owners have continued to operated the vehicle repair business: That the Deputy Building Inspector, David Crawford, is hereby designated and authorized by the Common Council of the City of Saint John to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an Order that will require Wayne A. McGaughey and Edna L. Baribault to cease using or permitting the use of the property at 85 Hayes Avenue, Saint John, NB bearing PID No. 408666 for a vehicle repair business or other business. Question being taken, the motion was carried. 12.3 Directeur general : 85, avenue Hayes — Infraction a I'arrete de zonage Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que les registres du bureau de 1'enregistrement pour le comte de Saint John designent Edna L. Baribault et Wayne A. McGaughey comme les proprietaires de la parcelle de terrain situee au 85, avenue Hayes, du cote est de I'avenue Hayes a Saint John, au Nouveau - Brunswick, portant le NID 408666 et que ladite propriete soit classee comme zone residentielle de banlieue — habitations unifamiliales et bifamiliales ac RS -2 )f en vertu de I'Arrete de zonage de The City of Saint John; Et attendu que les proprietaires ont continue a effectuer des operations commerciales de reparation de vehicules en contravention et en violation de I'alinea 120 de 1'arrete, des avis et d'un decret de The City of Saint John; 94473 COMMON COUNCIUCONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 12.4 City Manager: 937 Hillcrest Rd. — Zoning By -Law Violation On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that whereas the records of the Saint John County Registry Office show Bertin Levesque to be the registered owner of the parcel of land located on the northern side of Hillcrest Road, Saint John, N.B. at civic address 937 Hillcrest Road and designated as PID No. 55090526; And whereas said property is zoned "RS -1 ", "One and Two Family Suburban Residential ", under the Saint John Zoning By -Law; BE IT RESOLVED that the Deputy Building Inspector, David Crawford, is hereby designated and authorized by the Common Council of The City of Saint John to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an Order that will require Bertin Levesque to cease using or permitting the use of his property bearing PID No. 55090526 and known as civic address 937 Hillcrest Road, Saint John, NB, as a repair garage and showroom or other business. Question being taken, the motion was carried. 12.4 Directeur general : 937, chemin Hillcrest — Infraction a 1'arrete de zonage Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que les registres du bureau de 1'enregistrement pour le comte de Saint John designent Bertin Levesque comme le proprietaire de la parcelle de terrain situee au 937, chemin Hillcrest, du cote nord du chemin Hillcrest a Saint John, au Nouveau - Brunswick et portant le NID 55090526; Et attendu que ladite propriete est classee zone residentielle de banlieue — habitations unifamiliales et bifamiliales (t RS -1 )) en vertu de I'Arrete de zonage de The City of Saint John; IL EST DONC RESOLU que l'inspecteur adjoint des batiments David Crawford est, par les presentes, charge et autorise a deposer une requete au nom de The City of Saint John a la Cour du Banc de la Reine du Nouveau - Brunswick visant a obtenir une ordonnance stipulant que Bertin Levesque doit cesser d'utiliser ou permettre ('utilisation de sa propriete situee au 937, chemin Hillcrest a Saint John, au Nouveau - Brunswick et portant le NID 55090526 comme garage de reparation ou comme un lieu servant a toute autre activite commerciale. A I'issue du vote, la proposition est adoptee. 12.5 City Manager — Pipeline Rd. West Water Transmission Main On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the report entitled Public Information Session — Pipeline Road West Water Transmission Main Installation from Spruce Lake to Gault Road, be received for information. Question being taken, the motion was carried. 12.5 Directeur general : conduite d'eau principale du chemin Pipeline Ouest 94 -474 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2009/LE 25 MAI 2009 12.6 City Manager: City of Saint John Website On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the submitted report entitled City of Saint John Website be received for information. Question being taken, the motion was carried. 12.6 Directeur general: Site Web de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport soumis intitule Site Web de The City of Saint John soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.7 City Manager: St. Joseph's Hospital Foundation On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council approve a total contribution of $100,000 to the St. Joseph's Hospital Foundation's Care Connection Campaign with payment to be made in three equal installments of $25,000 in each of the years 2009, 2010, 2011 and 2012. Question being taken, the motion was carried. 12.7 Directeur general : Fondation de I'hopital St. Joseph Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil communal approuve le versement d'un somme totale de 100 000 $ a la Fondation de I'hopital St. Joseph's dans le cadre de la Campagne Care Connections. Cette somme sera attribuee en quatre versements de 25 000 $ chacun pour chacune des annees suivantes : 2009, 2010, 2011 et 2012. A ('issue du vote, la proposition est adoptee. 12.8 City Manager: Stop Up and Close of Mitchell St. On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that as recommended by the City Manager, the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 1,689.2 square metre ± portion of a public street known as Mitchell Street, be set for Monday, June 15, 2009 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. 12.8 Directeur general : Fermeture et barrage de la rue Mitchell. 94 -475 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 12.9 City Manager: Presentation — Reversing Falls Master Plan On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the Common Clerk schedule the Glen Group for presentation on the Reversing Falls master plan. Question being taken, the motion was carried. 12.9 Directeur general : Presentation — Plan d'amenagement des chutes reversibles Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que la greffiere communale fixe la date de presentation par Glen Group concernant le plan d'amenagement des chutes reversibles. A I'issue du vote, la proposition est adoptee. 12.10 City Manager: Grant Requests — Boys and Girls Club of Saint John; South End Days Committee On motion of Councillor Snook Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager, Common Council: 1) Approve a grant to the Boys and Girls Club of Saint John in the amount of $1,000.00 as sponsorship of the National Youth Conference. 2) Approve a grant to the South End Days Organizing Committee in the amount of $1,000.00 in support of the South End Days Festival. Question being taken, the motion was carried. 12.10 Directeur general : Demande de subvention —Club garcons et filles de Saint John; Comite des journees du quartier sud Proposition du conseiller Snook Appuyee par le conseiller Higgins RESOLU que le Conseil communal: 1) Accorde une subvention au Club garcons et filles de Saint John pour un montant de 1 000 $ afin que celui -ci puisse participer a la conference de nationale pour les jeunes. 2) Accorde une subvention au Comite des journees du quartier sud pour un montant de 1 000 $ dans le cadre du soutien apporte au festival qu'il organise. A I'issue du vote, la proposition est adoptee. 12.11 City Manager: An Accountability Framework for The City of Saint John On motion of Councillor Titus Seconded by Councillor Maguire RESOLVED that as recommended by the City Manager, an open Committee of the Whole session be scheduled for staff to present the Accountability Framework to Common Council. 94-476 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 2009 /LE 25 MAI 2009 A ('issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 372 Ludlow Street 9.1(b) Planning Advisory Committee Recommending Rezoning The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 300 square metres, located at 372 Ludlow Street, also identified as PID number 00365924, from "R -2" One and Two Family Residential to "R -4" Four Family Residential as requested by Matrix Management, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 20, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 372 Ludlow Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with Derek Webster, the property owner, indicating that he was in agreement with the staff report and recommendation. On motion of Councillor Snook Seconded by Councillor Court RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule '`'A "', the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 300 square metres, located at 372 Ludlow Street, also identified as PID number 00365924, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 300 square metres, located at 372 Ludlow Street, also identified as PID number 00365924, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1 a) Projet de modification de I'arrete de zonage relatif au 372, rue Ludlow 9.1 b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage 94 -477 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 parcelle de terrain situee au 372, rue Ludlow, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par Particle 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Le proprietaire, Derek Webster, indique qu'il est d'accord avec le rapport et les recommandations du personnel. Proposition du conseiller Snook Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ry, modifiant i'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 372, rue Ludlow, d'une superficie approximative de 300 metres carres, inscrite sous le NID 00365924, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales cc R -2 rf a zone residentielle — habitations de quatre logements cc R -4 », fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule (t Arrete modifiant 1'arrete de zonage de The City of Saint John >}. Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que 1'arrete intitule cc Arrete modifiant 1'arrete de zonage de The City of Saint John y 7, modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 372, rue Ludlow, d'une superficie approximative de 300 metres carres, inscrite sous le NID 00365924, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales is R -2 n a zone residentielle — habitations de quatre logements cc R -4 », fasse I'objet dune deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant l'arrete de zonage de The City of Saint John fr. 9.2(a) Proposed Zoning By -Law Amendment 388 University Avenue 9.2(b) Planning Advisory Committee Recommending Rezoning The Assistant Common Clerk advised that the necessary advertising was completed with regard to Amending Schedule "A °, the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 12.7 hectares, located at 388 University Avenue, also identified as PID number 00424739, from "R -1A" One Family Residential and "RS -2" One and Two Family Suburban Residential to "IL -2" Major Institutional as requested by Julie Masan of the Department of Supply and Services, with written objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 20, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 388 University Avenue as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with Mr. Bob Ridgeway stating that Galbraith Construction's approved subdivision development on the adjacent land was being hindered by the parking area's storm drainage emptying onto 94 -478 [•I• i7 �iTi' iI •]►[*I•hI�[�]I�I•I•]►1,��1L�+�• 1 'Iulu[!1N. -IN MAY 25, 20091LE 25 MAl 2009 number 00424739, from "R -1A" One Family Residential and "RS -2" One and Two Family Suburban Residential to "IL -2" Major Institutional, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 12.7 hectares, located at 388 University Avenue, also identified as PID number 00424739, from "R -1A" One Family Residential and "RS -2" One and Two Family Suburban Residential to "IL -2" Major Institutional, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2a) Projet de modification de I'arrete de zonage visant le 388, avenue University 9.2b) Comite consultatif d'urbanisme recommandant le rezonage Le greffier communal adjoint indique que les avis requis ant ete publies relativement a la modification de 1'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parceile de terrain d'une superficie d'environ 12,7 hectares situee au 388, avenue University et portant le NID 00424739 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1A» et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales cc RS -2 » a zone d'equipement collectif majeur t( IL -2 )), a la demande de Julie Mason du ministere de I'Ap provision ne ment et des Services, et qu'aucune objection par ecrit n'a ete revue a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 20 mai 2009, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 388, avenue University, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par Particle 39. Le maire invite le public a se prononcer contre le rezonage. M. Bob Ridgeway indique que I'amenagement d'un lotissement approuve sur un terrain attenant de Galbraith Construction est entrave par 1'ecoulement des eaux fluviales de I'aire de stationnement jusqu'a son terrain. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Pierre McIntyre, du ministere de I'Approvisionnement et des Services, au nom du demandeur, indique qu'il est d'accord aver le rapport et la recommendation du personnel. Proposition du conseiller Titus Appuyee par le conseiller Mott RESOLU que 1'arrete 1ntitule a Arrete 94 -479 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 City of Saint John >7. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que I'arrete intitule (( Arrete modifiant I'arrete de zonage de The City of Saint John )), modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee au 388, avenue University, d'une superficie approximative de 12,7 hectares, inscrite sous le NID 00424739, afin de la faire passer de zone residentielle — habitations unifamiliales a R -1A » et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales cc RS -2 n e zone d'equipement collectif majeur « IL -2 », fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule tt Arrete modifiant 1'arrete de zonage de The City of Saint John ss. 9.3(a) Proposed Zoning By -Law Amendment 10 Technology Drive 9.3(b) Planning Advisory Committee Recommending Rezoning The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 10 Technology Drive, having an area of approximately 6,400 square metres, also identified as PID Number 55179576, from "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential as requested by Comeau MacKenzie Architecture, with written objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 20, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 10 Technology Drive as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with Ms. Genevieve Tozier appearing on behalf of the Somerset Park Executive stating that they are concerned that the landscaping for this development will not be completed. The Mayor called for members of the public to speak in favor of the re- zoning with Mr. Peter MacKenzie, Comeau MacKenzie Architecture, appearing on behalf of the applicant indicating that he was in agreement with the staff report and recommendation. He also stated that the developer would ensure that the landscaping was completed on this project. On motion of Councillor Mott Seconded by Councillor Titus RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 10 Technology Drive, having an area of approximately 6,400 square metres, also identified as PI Number 55179576, from "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential, be read a first time. Question being taken, the motion was carried. 94-480 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3ay Projet de modification de I'arrete de nonage visant le 10, promenade Technology 9.3b) Comite consultatif d'urbanisme recommandant le rezonage Le greffier communal adjoint indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain d'une superficie d'environ 6 400 metres carres situee au 10, promenade Technology et portant le NID 55179576 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales (t R -2 )) et de zone d'immeubles a Iogements multiples de trois etages cc RM- 1 n a zone d'immeubles a Iogements multiples de trois etages sc RM -1 >r a la demande de Comeau MacKenzie Architecture, et qu'aucune objection par ecrit n'a ete revue a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 20 mai 2009, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 10, promenade Technology, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite les membres du public a se prononcer contre le rezonage. M" Geneviere Tozier, au nom du dirigeant du parc Somerset, indique qu'elle est preoccupee par I'amenagement paysager qui ne serait pas termine. Le maire invite les membres du public a exprimer leur appui quant au rezonage. M. Peter MacKenzie, de Comeau MacKenzie Architecture, au nom du demandeur, indique qu'il est d'accord aver le rapport et la recommandation du personnel. II precise que le promoteur s'assurera que I'amenagement paysager sera termine pour ce projet. Proposition du conseiller Mott Appuyee par le conseiller Titus RESOLU que 1'arrete intitule cc Arrete modifiant I'Arrete de zonage de The City of Saint John n en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 10, promenade Technology, d'une superficie d'environ 6 400 metres carres et inscrite sous le NID 55179576, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales cc R -2 )) et de zone d'immeubles a Iogements multiples de trois etages « RM -1 ff a zone d'immeubles a Iogements multiples de trois etages (c RM -1 7), fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule c( Arrete modifiant 1'arrete de zonage de The City of Saint John )). Proposition du conseiller McGuire Appuyee par le maire suppleant Chase 94-481 COMMON COUNCIL/CONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 Deuxieme lecture par titre de I'arret6 intitule cc Arrete modifiant I'arrete de zonage de The City of Saint John )). 9.4(a,b) Proposed Municipal Plan and Zoning By -Law Amendments 188 and 196 Mount Pleasant Avenue East 9.4(c) Planning Advisory Committee Recommending Municipal Plan and Rezoning Amendments The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re- Zoning amendments by redesignating on Schedule 2 -A of the Municipal Development Plan, from Heavy Industrial to Low Density Residential, parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as being PID numbers 00346916, 00347443 and 00417634 and rezoning the same parcels of land from 1 -2" Heavy Industrial to "R -2" One and Two Family Residential to recognize the existing residential use of the properties as requested by John and Alvina MacDonald with no objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 20, 2009 meeting at which time the Committee recommended approval as set out in the staff recommendation, to re -zone parcels of land located at 188 and 196 Mount Pleasant Avenue East as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with the applicant, Mr. MacDonald, indicating that he was in agreement with the staff recommendation. On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A, the Future Land Use Plan, by redesignating parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as being PID Numbers 00346916, 00347443 and 00417634, from Heavy Industrial to Low Density Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A, the Future Land Use Plan, by redesignating parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as being PID Numbers 00346916, 00347443 and 00417634, from Heavy Industrial to Low Density Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law." 94 -482 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as PID numbers 00346916, 00347443 and 00417634, from 1-2" Heavy Industrial to "R -2" One and Two Family Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.4a, bj Projet de modification du plan d'amenagement et de I'arrete de zonage visant Iles 188 et 196, avenue Mount Pleasant Est 9.4c) Comite consultatif d'urbanisme recommandant Iles modifications relatives au plan municipal et au rezonage Le greffier communal adjoint indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et de zonage visant a modifier la classification a I'annexe 2 -A du plan d'amenagement municipal, faisant passer de zone d'industrie lourde a zone residentielle de faible densite, des parcelles de terrain d'une superf icie approximative de 2 080 metres carres, situees au 188 et au 196, avenue Mount Pleasant Est, inscrites sous les NID 00346916, 00347443 et 00417634, et a rezoner ces memes parcelles de terrain de zone d'industrie Iourde ss 1 -2 7> a zone residentielle — habitations unifamiliale et bifamiliale cc R -2 » afin de reconnaitre l'usage residentiel existant a la demande de John et Alvina MacDonald, et qu'aucune objection n'a ete revue. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, &66 fors de la seance du 20 mai 2009, a laquelle le comite a recommande I'approbation de la proposition, comme le souligne la recommandation du personnel, selon laquelle le conseil communal procede au rezonage des parcelles de terrain susmentionnees situees au 188 et au 196, avenue Mount Pleasant Est. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Le requerant, M. MacDonald, indique qu'il est d'accord avec la recommandation du personnel. Proposition du conseiller Killen Appuyee par le conseiller Farren RESOLU que I'arrete intitule cc Arr6te modifiant I'arrete relatif au plan municipal de The City of Saint John » modifiant I'annexe 2 -A, plan d'amenagement futur des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 2 080 metres carres situee au 188 et au 196, avenue Mount Pleasant Est et portant le NID 00346916, 00347443 et 00417634 de zone d'industrie Iourde a zone residentielle de faible densite, fasse l'objet d'une premiere lecture. 94-483 COMMON COUNCIUCONSEIL COMMUNAL MAY 25, 20091E 25 MAI 2009 au 196, avenue Mount Pleasant Est et portant le NID 00346916, 00347443 et 00417634 de zone d'industrie lourde a zone residentielle de faible densite, fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule cc Arrete modifiant I'arrete relatif au plan municipal de The City of Saint John n, Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule cc Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 188 et au 196, avenue Mount Avenue East, d'une superficie approximative de 2 080 metres carres, inscrite sous les NID 00346916, 00347443 et 00417634, afin de la faire passer de zone d'industrie lourde cc 1 -2 )) a zone residentielle — habitations unifamiliales et bifamiliales cc R -2 », fasse I'objet dune premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule i Arrete modifiant I'arrete de zonage de The City of Saint John ». Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule cc Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 188 et au 196, avenue Mount Pleasant Est, d'une superficie approximative de 2 080 metres carres, inscrite sous les NID 00346916, 00347443 et 00417634, afin de la faire passer de zone d'industrie lourde cc 1 -2 >) a zone residentielle — habitations unifamiliales et bifamiliales a R -2 », fasse l'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule cc Arrete modifiant I'arrete de zonage de The City of Saint John rr. 9.5(a,b) Proposed Municipal Plan & Zoning By -Law Amendments 185 -187 Golden Grove Road 9.5(c) Planning Advisory Committee Recommending Denial of Municipal Plan and Rezoning Amendments The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re- zoning amendments by redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential to Light Industrial, a parcel of land with an area of approximately 438 square metres, located at 185 -187 Golden Grove Road, also identified as being a portion of PID Number 00312116 and rezoning the same parcel of land from "RS -2" One and Two Family Suburban Residential to "I-1" Light Industrial to expand the area currently designated as Light Industrial to include an existing garage as requested by Douglas Mitton, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 20, 2009 meeting at which time the Committee recommended that Common Council deny the requested Municipal Plan and Zoning By -Law amendments. 94 -484 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 438 square metres, located at 185 -187 Golden Grove Road, also identified as being a portion of PID Number 00312116, be denied. Question being taken, the motion was carried. 9,5a, b) Projet de modification du plan municipal et de I'arrete sur le zonage visant les 185 et 187, chemin Golden Grove 9.5c) Comite consultatif d'urbanisme recommandant le rejet des modifications du plan municipal et du zonage Le greffier communal adjoint indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et de zonage visant A modifier la classification a I'annexe 2 -A du plan d'amenagement municipal, faisant passer de zone residentielle de faible densite a zone d'industrie legere, d'une parcelle de terrain dune superficie approximative de 438 metres carres, situees au 188 -187, chemin Golden Grove, inscrites sous le NID00312116, et a rezoner cette meme parcelle de terrain de zone residentielle de banlieue — habitations unifamiliales et bifamiliales (t RS -2 )) a zone d'industrie legere a 1 -1 a afin d'inclure un garage existant A la demande de Douglas Mitton, et qu'aucune objection n'a ete revue. Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 20 mai 2009 au tours de laquelle le comite a recommande au conseil communal de rejeter la demande de modifications du plan municipal et de 1'arrete de zonage. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public A exprimer son appui quant au rezonage, mais personne ne prend la parole. Proposition du conseiller Court Appuyee par le conseiller Killen RESOLU que la demande de modifications du plan municipal et de 1'arrete de zonage relativement a une parcelle de terrain d'une superficie d'environ 438 metres carres, situee au 185 -187, chemin Golden Grove et portant le NID 00312116, soit rejetee. A ('issue du vote, la proposition est adoptee. 12.12 City Manager: Value Engineering Update — Action Plan for Safe Clean Drinking Water Referring to a submitted report, the Commissioner of Municipal Operations updated Council with respect to the value engineering update regarding the action plan for drinking water. On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the report dated May 21, 2009 entitled Value Engineering Update Action Plan for Safe, Clean Drinking Water, be received for information. Question being taken, the motion was carried. 94485 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 2009ILE 25 MAI 2009 d'action pour la salubrite et la proprete de 1'eau potable, soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 12.13 City Manager: Westfield Road Reconstruction On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that as recommended by the City Manager in the submitted report entitled Westfield Road Reconstruction, Common Council approve Option 2 described herein for funding and implementation of Phase A of the Westfield Road Reconstruction project as follows: • An additional $647,500 be approved in the 2009 General Fund Capital Program and • $1,737,500 be pre - approved for the 2010 General Fund Capital Program Question being taken, the motion was carried. 12.13 Directeur general : Refection du chemin Westfield Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que, comme le recommande le directeur general dans le rapport presente concernant la refection du chemin Westfield, le conseil communal approuve ('option 2 decrite dans les presentes afin de financer et de mettre en oeuvre la phase A du projet de refection du chemin Westfield comme suit - qu'un fonds supplementaire de 647 500 $ soit approuve dans le programme d'immobilisations du fonds d'administration pour 2009; • que le montant de 1 737 500 $ soit preautorise dans le programme d'immobilisations du fonds d'administration pour 2010. A ('issue du vote, la proposition est adoptee. 12.14 City Manager: Proposed Zoning By -law Amendments for Accessory Buildings and Structures On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that Common Council schedule a public hearing for the proposed amendments to the Zoning By -law with respect to accessory buildings, for Monday, July 20, 2009 at 7;00 p.m. in the Council Chamber, and refer the proposal to the Planning Advisory Committee for report and recommendation. Question being taken, the motion was carried. 12.14 Directeur general : Projet de modifications de I'arrete de zonage pour les batiments et constructions annexes Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que le conseil communal fixe la date d'audience publique relative au projet de modification de I'arrete de zonage en ce qui a trait aux batiments connexes au lundi 20 juillet 2009 a 19 h dans la salle du conseil et transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de 94-486 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 RESOLVED that the City of Saint John enter into an ecoMobility Funding Agreement with the Federal Minister of Transport on condition that the Parking Commission and the Transit Commission enter a contract with the City, whereby those Commissions accept full responsibility to satisfy the obligations placed upon the City by the ecoMobility Funding Agreement, and indemnify the City from and against any and all claims which might be made against the City arising from the terms of the ecoMobility Funding Agreement, and further that the City Solicitor be directed to prepare such a contract and the Mayor and Common Clerk be authorized to execute it. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Commission sur le stationnement de Saint John : Entente relative au programme ecoMOBILITE — Financement de Transports Canada Proposition du conseiller Farren Appuyee par le conseiller McGuire R�SOLLI que The City of Saint John conclue une entente de financement du programme ecoMOBILITE avec le ministere des Transports federal a condition que la Commission sur le stationnement et la Commission des transports concluent un contrat avec la Ville dans laquelle ces Commissions acceptent la responsabilite entiere de repondre aux obligations de la Ville dans le cadre de 1'entente de financement du programme ecoMOBILITE et d'indemniser la Ville de taus les frais afferents aux modalites de 1'entente de financement du programme ecoMOBILITE et que l'avocat municipal soit charge de preparer ce contrat et que le maire et la greffiere communale soient autorises a le signer. A ('issue du vote, la proposition est adoptee. 13.2 Collection Proceedings — Water and Sewerage Arrears On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the City Solicitor or a designate thereof commence proceedings in Small Claims Court of New Brunswick against the owner of Service New Brunswick PID number 00412304 (the "Property") to collect water and sewerage arrears owing in respect of the Property. Question being taken, the motion was carried with Councillors Court and Higgins voting nay. 13.2 Procedures de collecte — Arrieres des services d'aqueduc et d'egouts Proposition du conseiller Farren Appuyee par le conseiller McGuire RtSOLLI que I'avocat municipal ou son representant correspondant entame des procedures a la Cour des petites creances du Nouveau - Brunswick contre le proprietaire du NID 00412304 {ci -apres appele la Propriete n} attribue par Services Nouveau - Brunswick pour collecter les arrieres des services d'aqueduc et d'egouts concernant ladite Propriete. A ('issue du vote, la proposition est acceptee. Les conseillers Court et Higgins votent contre la proposition. 13.3 Leisure Services Advisory Board: Renaming of Playground to the Mabel 94-487 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 2009/LE 25 MAI 2009 13.3 Conseil consultatif des services des loisirs : Changement de nom du Terrain de Jeu Mabel Phoebe Peters Proposition du conseiller Snook Appuyae par le conseiller Farren RESOLU que le nom terrain de jeu Allison Grounds soit dasormais appele le terrain de jeu Mabel Phoebe Peters Playground et, que le maire soit charge de communiquer aver la Federation canadienne des municipalites pour suggerer a d'autres municipalites de nommer un terrain de jeu en I'honneur de Mabel Phoebe Peters. A Tissue du vote, la proposition est adoptee. 13.4 Uptown Saint John: Request to Permit Statutory Holiday Shopping The City Solicitor stated that the determination of whether or not retail businesses can be opened on Canada Day and New Brunswick Day, each of which is a prescribed day of rest under the New Brunswick Days of Rest Act, lies within in the purview of the Days of Rest Act and not with The City of Saint John. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Uptown Saint John, having made a request to Common Council to permit statutory holiday shopping, be directed to the Days of Rest Act as this is within the purview of the Provincial Government and not with The City of Saint John. Question being taken, the motion was carried. 13.4 Uptown Saint John : Demande d'autorisation de magasinage les fours ferias L'avocat municipal indique que la decision pour determiner si les commences au detail peuvent titre ouverts ou non a la We du Canada et a la Fete du Nouveau- Brunswick, qui toutes deux, sont designees comme jour de conga en vertu de la Loi sur les fours de repos du Nouveau- Brunswick, releve de la Loi sur Ies jours de repos et non de The City of Saint John. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que Uptown Saint John, qui a fait une demande au Conseil communal d'autoriser le magasinage les jours ferias, soit charge de consulter la Loi sur les jours de repos comme cette question releve de la responsabilite du gouvernement provincial et non de The City of Saint John. A Tissue du vote, la proposition est adoptee. 13.5 Planning Advisory Committee: Douglas Heights Subdivision —Phase 4,296 Morrison Road On motion of Councillor Court Seconded by Councillor Snook RESOLVED that: 1) Common Council assent to one or more subdivision plans, in one or more phases, for the Douglas Heights Subdivision — Phase 4, as generally illustrated on the submitted tentative plan dated December 23, 2008, including any necessary municipal services __r _..LI:_ ...&AU. 4-L....,.,.- A;4*.. �k^4 mr.,n^&,mA I M AQ-A ie nnf raciri anti nIlxi 94-488 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 13.5 Comite consultatif d'urbanisme : Phase 4 du Iotissement Douglas Heights au 296, chemin Morrison Proposition du conseiller Court Appuyee par le conseiller Snook RESOLU que le conseil communal: 1) approuve le ou les plans de Iotissement en une ou plusieurs phases relatifs a la phase 4 du Iotissement Douglas Heights, comme le montre de maniere g&nerale le plan provisoire present& et date du 23 d&cembre 2008, d&limitant toute servitude d'utilite publique necessaire, a condition que le lot 08 -4 propose ne soit pas amenage de fagon residentielle jusqu'a ce que la tour de telecommunications soit entierement retiree des lieux; 2) que le Conseil communal accepte une compensation monetaire visant I'affectation du terrain d'utilite publique relativement au Iotissement propose; 3) que le Conseil communal autorise la redaction et la signature de contrats de Iotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, notamment en ce qui concerne 1'e1aboration de plans de situation et de drainage detaill &s soumis a I'approbation de I'ing&nieur municipal en chef. A Tissue du vote, la proposition est adoptee. 13.6 Uptown Saint John: Request to Reconsider Removal of Granite Curbing On motion of Deputy Mayor Chase Seconded by Councillor Killen RESOLVED the letter from Uptown Saint John dated May 11, 2009 regarding granite curbing, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 13.6 Uptown Saint John : Demande de reexamen du retrait des bordures en granite Proposition du maire suppleant Chase Appuyee par le conseiller Killen RtSOLU QUE la lettre de demande reque de Uptown Saint John, datee du 11 mai 2009, visant les bordures en granite, soit transmise au directeur gen&ral aux fins de rapport et de recommandations. A Tissue du vote, la proposition est adopt &e. 14. Consideration of Issues Separated from Consent Agenda 14.1 Capital Reallocation Saint John Industrial Parks On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council approves the reallocation of $150,000 of approved Capital to the following SJIPL projects; $50,000 towards the Spruce Lake Beautification program and $100,000 towards the White Rocks Road Storm Detention Pond project. 94-489 COMMON COUNCILICONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Reattribution des fonds des parts industriels de Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal approuve la reattribution du montant en capital approuve de 150 000 $ aux projets suivants du SISJ 50 000 $ pour le programme d'embellissement du lac Spruce et 100 000 $ pour le projet d'un Bassin de retenue des eaux pluviales du chemin White Rocks. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 15. General Correspondence 15.1 Canada Day Countdown Request to Appear Before Council On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Mr, Allen of Canada Day Countdown requesting funding and to make a presentation to Council, be received for information. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Demande soumise par Compte a rebours de la fete du Canada on vue de faire une presentation devant le conseil Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre reque de M. Allen de Compte a rebours de la fete du Canada visant A demander du financement et A se presenter devant le conseil, soit acceptee A titre informatif. A Tissue du vote, la proposition est adoptee. 152 New Brunswick Police Association Request to Present On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the request from the New Brunswick Police Association to present to Council be referred to the Clerk to schedule. Question being taken, the motion was carried. 15.2 Demande soumise par I'Association de police du Nouveau- Brunswick en vue de faire une presentation devant le conseil Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que la demande soumise par I'Association de police du Nouveau - Brunswick visant A se presenter devant le conseil, soit transmise A la greffiere pour qu'elle fixe une date de presentation. A I'issue du vote, la proposition est adoptee. 15.3 Rodgers Letter regarding 2002 Pension Resolution 94-490 COMMON COUNCILlCONSEIL COMMUNAL MAY 25, 20091LE 25 MAI 2009 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City Solicitor be directed by Council to comment with respect to advice that he had provided Council regarding the 2002 City manager pension resolution in a closed session of Council. Question being taken, the motion was carried. The City Solicitor stated that he did provide advice in 2002 to the former Council with respect to the possibility of providing an enhanced /supplemental pension arrangement for the City Manager, which would be an enhancement to the provisions under the City of Saint John Pension Act, Mr. Nugent stated that the advice that he provided at that time was that it was entirely within The City of Saint John's authority to provide such enhancements. However, he noted that the enhancements would be required to be borne by The City of Saint John as opposed to the Pension Fund. 15.3 Lettre de Rodgers concernant la resolution de 2002 relative au regime de retraite En reponse a une question soulevee par I'un des membres du conseil, I'avocat municipal fait savoir qu'afin de traiter la lettre de M. Rodgers, it doit fournir les conseils presentes au conseil lors d'une seance privee, ce qu'il ne peut pas faire sans obtenir le consentement du conseil. M. Nugent mentionne que si le conseil I'autorise a s'exprimer a ce sujet, cette autorisation, a son avis, n'expose pas la Ville a des consequences negatives. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLD que le conseil charge I'avocat municipal de fournir des commentaires a 1'egard des conseils presentes au conseil communal concernant la resolution de 2002 relative au regime de retraite du directeur general. A ('issue du vote, la proposition est adoptee. L'avocat municipal explique avoir presente des conseils en 2002 au conseil anterieur concernant la possibility d'offrir des dispositions du regime de retraite ameliorees ou supplementaires au directeur general, ce qui representerait une amelioration des dispositions en vertu de la Loi sur le regime de retraite de la Ville de Saint John. M. Nugent explique que ce conseil au moment de la presentation decoulait entierement de I'autorite de The City of Saint John pour apporter de telles ameliorations. II note toutefois que ces ameliorations devront titre assumees par The City of Saint John au lieu de la caisse de retraite. 16. Adjournment The Mayor declared the meeting adjourned at 8:30 p.m.. 16. Levee de la seance Le maire declare que la seance est levee a 20 h 30. I + / # 7401 Saint John City Council 15 Market Square Saint John, N E2L 4L1 To Whom It May Concern: On Thursday, April 23 at 6:16 p.m., I drove out from Lancaster Drive and onto Simms Comer when my car struck a large pot hole. I had not achieved the proper speed limit of 50 kph when I struck it. The -pot hole bent my strut, bent my rim, and damaged my tire to the point that shortly after striking the pot hole it blew due to a puncture that had cut into the belts of the tire. All of the damage was on the right -hand side with minor damage to the left -hand side. I am writing now because, it took until Friday, May 29 to finish having my car repaired by the dealer. I had my car checked out and routine maintenance done on my car the pervious Friday, April 17 and there was no damage to my vehicle at that time. My insurance company covered the damage except for my $250.00 deducibly. I am asking the city to reimburse me for this since 1) there was no damage to my car six days before, and 2) only a few days prior to my accident there was a work crew at that comer repairing the drain in front of the bus stop, and had parked their vehicles for several days while installing the asphalt. This means that they had to walk past the pothole several times and since they were installing asphalt, they could have easily brought additional asphalt to fill in a hole that they were walking by for those days. I am sure I am not the only one to strike that pot hole or any other one at that comer since it is a main street going and coming from the West Side of the city. Luckily, I and my wife were in a car and not on a motorcycle or this accident would have been much worse when it could have been completely avoid. Sincerely, David Bird W COMNIT,J C EM('C.a JUP11 8 Eric L. Teed, O.C., C.D., Q.C. 127 Prince William Street, Saint John, New Brunswick, E2L 2B4 Tel: (506) 634 -7324 Fax: (506) 634 -7423 June 9th , 2009 Common Council City of Saint John 15Market Square Saint John, NB EM lE8 Your Worship and Councillors, COMMUNITY GARDENS How to better them I bring the following matters to your attention as various planning for new structures may need revisions of building rules and regulations to allow or require such changes. The concept of more community gardens so people can grow their own vegetables is good but it has a flaw. In Urban Society, the areas of land for Community Gardens to be used is wasteful. While parts are useful to use, the same space for vegetable growing is not proper. It prevents Park users from enjoying the benefits of visiting a park. One should not use land for one purpose when it could be used for other purposes more beneficial to the public. A suggestion is to require every parking garage to have a community vegetable garden on the top floor. This would assist vegetable growing without being overshadowed by higher buildings. It would also assist in controlling destructive vandals and also vegetable theft. Further, High rise building could also be encouraged to have a community garden on the top of the building, something many of the residents could enjoy. Some Landlords in other areas already provide for community gardens on the top floor of their high rise buildings which gives many benefits to the area. For an example to have a Community Garden on the top of the Admiral Beatty Complex could be enjoyed by many seniors in providing not only work co operative exercise therapy but fresh food. It is hoped this concept will be accepted and Saint John continue in giving leadership to all. Yours ly, 37 M1N � m REPORT TO COMMON COUNCIL M & C -- 2009 -171 June 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Canadian Emergency Management College (CEMC) Agreement BACKGROUND: Based upon their subject knowledge expertise, designated personnel from the Saint John Fire Department are invited each year to serve as visiting instructors at the Canadian Emergency Management College (the "CEMC ") in support of the College's programs. This report serves to codify the Administrative Terms and Conditions of staff's participation, which are contained in the attached Memorandum of Agreement (the "MOA"). ANALYSIS Historically, a limited number of personnel from the Saint John Fire Department have been invited to serve as visiting instructional staff at the CEMC in support of National Emergency Management Programs. Staff participation in these training programs not only allows them to broaden and enhance their knowledge, it also serves to support their ongoing professional development and, by extension, elevates the profile of the City of Saint John within the National Emergency Management community. All costs associated with staff participation in the training programs are borne by the CEMC and all other business interests of the City of Saint John have been addressed in the MOA. The City Solicitor's Office has reviewed the MOA for legality and form. Report to Common Council Page 2 .tune 12, 2009 RECOMMENDATION: Based on the foregoing, it is proposed that the following resolution be adopted by Common Council: RESOLVED that The City of Saint John enter into a Memorandum of Agreement with the Canadian Emergency Management College, dated June 11th, 2009 respecting the participation of members of the Saint John Fire Department in the facilitation of Canadian Emergency Management College programming. Respectfully submitted, Robert (Rpb) Simonds, MAC, FO Fire Chef ..n Terry Totten, FCA City Manager Pubdc Sa" SricuriM pubtique Canada Canada MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS AND CITY OF SAINT JOHN REGARDING SERVICES TO BE PROVIDED TO THE CANADIAN EMERGENCY MANAGEMENT COLLEGE Date Prepared: Oct. 16, 2008 Date Amended: June 4, 2009 40 Whereas, this Memorandum of Agreement (MoA) establishes an agreement under which the Department of Public Safety and Emergency Preparedness (Public Safety) and the City of Saint John can provide for services of qualified professionals to act as Instructors /Subject Matter Experts for training offered by the Canadian Emergency Management College (CEMC). Whereas, this MoA shall allow CEMC to continue to provide for effective training by retaining instructors who are subject matter experts, have current skills and knowledge of emergency management practices, have current practical experience, understand the Canadian context of emergency management, and are active in the emergency management community. Whereas, this MoA contributes towards implementing the Strategy for Emergency Management Training in Canada, agreed on January 10, 2007 by the Federal, Provincial and Territorial Ministers responsible for emergency management. Whereas, the City of Saint John shall be provided under this MoA an opportunity that will broaden the skills of its resources, Improve training capacity within its own organization, and expand its network and interoperability within the emergency management and first responder community. ARTICLE 1: PARTIES TO THE AGREEMENT 1.1 This MoA, is between Public Safety, as represented by the Canadian Emergency Management College (CEMC), and the City of Saint John. ARTICLE 2: GOVERNING LAW 2.1 This MoA shall be governed by and shall be construed and interpreted in accordance with the laws of the Province of Ontario, subject always to any paramount or applicable federal laws. 2.2 All terms and conditions imposed by this MoA shall be interpreted in a manner that will comply with all federal laws, policies and directives. ARTICLE 3: SERVICES TO BE PROVIDED Under this MoA: 3.1 The City of Saint John, subject to sub - agreements that detail the tasks to be performed from the following, shall provide employees drawn from the Saint John Fire Department to perform some or all of the following: 3.1.1 Present CEMC - prepared lectures as required; (includes course preparation, delivery and post -course activities); 3.1.2 Act as a facilitator during group discussions as required; Page 1 41 3.1.3 Monitor course participant comprehension during lectures and respond appropriately; 3.1.4 Provide relevant examples to content provided by CEMC to increase clarity and relevance; 3.1.5 Coach course participants during learning activities as required; 3.1.6 Act as an advisor during CEMC- prepared simulations as required; 3.1.7 Complete course participant role assignments for the simulation activities; 3.1.8 Debrief course participants after learning activities and simulations as required; 31.9 Review course material as required; 3.1.10 Complete the Course Report, designed to capture observation on the course delivery and the course materials; 3.1.11 Share with personnel involved in the delivery of the course concerns and issues regarding the quality of the participants' learning experience; 3.3.12 Ensure that team members (comprised of course participants) are clear on the purpose and functioning of the simulation; 3.1.13 Ensure team members (comprised of course participants) are clear in how the team is expected to function during the simulation; 3.1.14 Ensure that all personnel (CEMC and (or) others) involved in the delivery of the course receive course kits and other relevant materials; 3.1.15 Monitor teams during simulations and provide appropriate support; 3.1.16 Coach team members and the team during simulation activities; 3.1.17 Coordinate /Participate in post- simulation meetings; 3.1.18 Brief team members during post - simulation debriefings; 3.1.19 Organize and chair meetings and debriefings, as prescribed in the course lesson plans as well as ad -hoc meetings and debriefings with personnel (CEMC and (or) other) involved the delivery of the course; 3.1.20 Coordinate the simulation exercises as the Simulation Director so as to facilitate its effective implementation; 3.1.21 Function as the primary point of contact for personnel (CEMC and (or) others) involved in the delivery of course and course participants on course, and for instructional issues throughout the course; 2 42 3.1.22 Participate /provide input into the development and design of course material (including attendance at course development workshops, when required); and 3.1.23 Carry out related duties as requested. 3.2 For greater clarity, the CEMC is responsible for course design and will provide the training plan for course delivery, including objectives, roles and teaching points for use by the Saint John Fire department employees carrying out the services listed in 3.1 to 3.1.23 above. 3.3 CEMC shall reimburse the City of Saint John as identified in the applicable Letter of Request for salary and benefit costs for the period of the work agreed to, and for overtime costs associated with back -fill of employees working on the tasks if required. 3.4 CEMC agrees to reimburse City of Saint John upon submission of original receipts and in accordance with the attached Treasury Board guidelines in Annex A, to cover Instructor personal costs related to meals not provided at the course, accommodations and travel costs. ARTICLE 4: PROCESS 4.1 The Parties shall provide each other with the title and contact information of the official responsible for the administration of the process. 4.2 CEMC may request services to be provided in the National Capital Region or elsewhere in Canada. 4.3 All requests for an agreement shall be in writing and include the following information (a sample is provided in Annex A): 4.3.1 A brief description of the course/workshop for which tasks are being requested, including the time, date and location; 4.3.2 The tasks being requested; 4.3.3 The maximum fee authorized for a task or a combination of tasks; and 4.3.4 Any other relevant information requested by the City of Saint John. 4.4 The City of Saint John shall notify the CEMC of an approval to a request within 14 days of the receipt thereof. 4.5 Payments shall be made upon the completion of a task and the receipt of an invoice. ARTICLE 5: TERM Page 43 5.1 This MoA shall be for a period of 36 months commencing upon signature of the Parties. ARTICLE 6: DURATION, WITHDRAWAL, & TERMINATION 6.1 The MoA shall remain in force until either of the Parties withdraws from or terminates its participation, or the completion of the term specified in Article 5. 6.2 Either Party may withdraw from this MoA after providing written notice at least 30 days before withdrawing. 6.3 This MoA may be terminated at any time with the mutual written consent of the Parties. 6.4 It is agreed and understood that an approved or in- progress agreement shall survive the terminating or withdrawing from this MoA. Termination does not release a Party from any obligations which accrued while the MoA was in force. ARTICLE 7: FINANCIAL CONSIDERATIONS 7.1 The Parties understand that this MoA is a commitment to provide a mutually beneficial service for advancing training in emergency management. Except that which is specifically provided otherwise in this MoA, each Party agrees to be solely responsible for the funding costs it incurs in its own interest related to the support of the MoA. ARTICLE 8: STATUS of PERSONNEL 8.1 Nothing in this MoA shall be read or construed as conferring upon the City of Saint John, represented by proposed employees thereof, the status of officer, employee, servant or agent of Canada. ARTICLE 9: LIABILITY 9.1 The City of Saint John acknowledges that its employees are acting within the scope of their terms of employment and that any injury (including, without limitation, death) to them resulting from the instruction services provided under this MOA will be covered through provincial or municipal insurance, or a provincial program, including the provisions of the New Brunswick Workers' Compensation Act, ch. W -13, as amended or replaced from time to time, and other related legislation. The Crown, in Right of Canada, including Pubiic Safety and the CEMC, acknowledges that its employees are acting within the scope of their terms of employment and that any injury (including, without limitation, death) to them resulting from their role(s) will be covered through federal or provincial insurance, or a federal or provincial program, Page 4 44 including the provisions of the Government Employees Compensation Act, c. G -5, as amended or replaced from time to time, and other related legislation. The parties to this MOA hereby reserve their respective rights arising under the common law in the event that injury, death or damage to property should arise in the course of carrying out activities under this MOA. ARTICLE 10: PRIVACY S ACCESS TO INFORMATION 10.1 The City of Saint John acknowledges that CEMC is subject to the Access to Information Act and the Privacy Act and that all information, both personal and otherwise, collected as a result of the request for services From City of Saint John or in the seeking of payment shall be subject to those Acts. ARTICLE 11: AMENDMENTS 11.1 Amendments may be made only with the written mutual consent of the Parties. ARTICLE 12: SETTLEMENT OF DISPUTES 12.1 Any disputes regarding the interpretation or implementation of this MoA shall be resolved only by consultation between the Parties and shall not be referred to a tribunal or any other third party for settlement. ARTICLE 13: ASSIGNMENT $ CROWN PREROGATIVE 13.1 This Agreement shall not be assigned, in whole or in part, without the prior consent in writing of the other Party and any purported assignment made without that consent is void and of no effect. ARTICLE 14: COMMUNICATION 14.1 All correspondence must be sent to the following respective mailing addresses of the Parties or by fax: To CEMC: Department of Public Safety and Emergency Preparedness Preparedness and Recovery Directorate Canadian Emergency Management College Page 5 45 1495 Heron Road Ottawa, Ontario K1V 6A6 Fax: (613) 949 -5046 To Saint John Fire Department 45 Leinster St. Saint John, NB E2L 1H9 506 - 658 -2910 Each participant must notify the other in writing of a change of address or fax number. ARTICLE 15; EFFECTIVE DATE AND SIGNATURES 15.1 This MoA shall become effective on the date of the later signature. Mayor Common Clerk usan Daly Executive Director, Canadian Emergency Management College Preparedness and Recovery Directorate Department of Public Safety and Emergency Preparedness Date: Date: JUN I 1 its Page 6 46 ANNEX "All TO MOA REGARDING SERVICES TO BE PROVIDED TO THE CANADIAN EMERGENCY MANAGEMENT COLLEGE Canadian Emergency Management College 1495 Heron Road OTTAWAON KiVBAB LETTER OF RE V S <date> Sent by FAX: <number> Treat as an original. superior's name and address> Dear <superior's name: This letter is to advise you that Public Safety Canada / Canadian Emergency Management College will be conducting a CBRN course. We are requesting your approval for the attendance of < instructor> to assist with instructor duties for the course. < Instructor> will be needed for the duration of the course. As per the terms of the MOA, between < organization and Public Safety 1 CEMC, your organization will be reimbursed for salary and benefit costs for this period. Course Number" Date : Days.. required . < course numbers <course date> < number> In addition, Public Safety 1 CEMC agrees to reimburse <instructor >, upon submission of original receipts and in accordance with the attached Treasury Board guidelines, the costs for transportation, accommodations, meals (except meals provided by CEMC will not be reimbursed) and incidentals, for her participation in conducting CBRN course. We will cover the costs associated with the use of personal vehicle or rental of a vehicle, whichever is the most cost efficient. Please note that when using personal vehicles, responsibility for all insurance coverage rests with the owner. 47 ANNEX "A" To MOA REGARDING SERVICES TO BE PROVIDED TO THE CANADIAN EMERGENCY MANAGEMENT COLLEGE Please sign your acceptance of attendance and terms in the space provided, and fax to the attention of Brenda J. S6guin at (613) 949 -5046. It is an explicit condition of this agreement that no Member of Parliament be admitted to any share or part of this agreement or to any direct or indirect benefit to arise there from. Further, please note that the Privacy Act applies to all personal information recorded in any form by your organization in connection to any services rendered to Public Safety / CEMC pursuant to this agreement. It is agreed and understood that the liability of Public Safety Canada / CEMC for expenses is limited to the reimbursement of those travel expenses and salary and benefit costs listed above, for these events only. Upon completion of the travel, the claim, including original receipts should be forwarded to the attention of Mrs. Brenda Seguin, Assistant Registrar, CEMC at the above address, referencing the course number on the claim. Public Safety / CEMC would like to thank you for your consideration of this request. Sincerely, S.A. Daly Executive Director Attendance Approved: I agree with the conditions stated in this Letter of Agreement: cc: <instructor> Attachments: <instructor's superior> <instructor> 1) Instructions for Air Travel Arrangements 2) Treasury Board Guidelines for Travel and Living 48 ANNEX " A" To MoA REGARDING SERVICES TO BE PROVIDED TO THE CANADIAN EMERGENCY MANAGEMENT COLLEGE Air Travel Arrangements Please contact Travel AcXess Voyage at 1- 877 - 661 -6656 provide agent with the Group Number: <course information> TIN Number: Y679565 (Travel Identification Number for the College). ➢ An agent will assist you with your reservation. We will fax you your flight itinerary as soon as we receive it from Travel AcXess. ACCOMMODATIONS <DRDC information or Ottawa hotel information> 49 ANNEX "A" To MoA REGARDING SERVICES TO BE PROVIDED TO THE CANADIAN EMERGENCY MANAGEMENT COLLEGE TRAVEL AND LIVING GUIDELINES Travel and living expenses are to be claimed at actual cost but not to exceed the guidelines as stated herein. MEALS At actual cost but not to exceed: For travel status of less than one full calendar day, Breakfast 13.70 (amounts change according to TBS guidelines) Lunch 13.15 (amounts change according to TBS guidelines) Dinner 37.40 (amounts change according to TBS guidelines) For full calendar day status all meals $64.25 (total of above) Meals served in -flight and at conferences, meetings or workshops will not be reimbursed. ACCOMMODATION Reimbursement at actual cost for the lowest negotiable rate for reasonable, non -luxury single commercial accommodation in pre booked hotels will be paid. INCIDENTAL EXPENSE ALLOWANCE (for miscellaneous expenses) $17.30 for each overnight stay. TRANSPORTATION Reimbursed at actual cost for economy or coach travel by air, bus or rail. Public transit, airport buses, etc., are to be used for local transportation where practical. Compact cars are to be used when car rentals are required. Car rentals are to be procured at the airport location with cost not exceeding $56 per day including Collision Damage Waiver (CDW) RECEIPTS AND VOUCHERS Receipts and vouchers for accommodation and transportation are to be submitted with claims. EXPENDITURE OF PUBLIC FUNDS In the event that you will not be making use of any of the above entitlements, during the course, we request you advise us thereof. In efforts to minimize expenditure of public funds please be considerate, i.e. checking out of your hotel if you will not be staying for the days reserved. (Entertainment is not an allowable cost) 01] M & C 2009 - 170 June 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Princess Street Reconstruction BACKGROUND The 01yof Safia John. As Council is aware, funding was approved in the 2008 Water & Sewerage Utility Fund and General Fund Capital Program for the design and reconstruction of Princess Street from Prince William Street to Charlotte Street. The General Fund provides $1,875,000 of which $355,000 is to be recovered from other sources and the Utility Fund provides $430,000 for the upgrade of underground services prior to surface reconstruction. Further funding was approved in the 2009 General Fund Capital program in the amount of $900,000. ANALYSIS The contract for Princess Street Reconstruction was awarded to Fairville Constriction Ltd. on February 2, 2009 and constriction began on April 20, 2009. The work that is underway maintains the standard of the Uptown Saint John Business District; the above ground electrical and communications utilities are relocated underground, fiull street reconstruction including new concrete curb and sidewalk, clay brick paver medians, and landscaping. The project also includes a new watermain, sanitary sewer, storm sewer and asphalt paving. All of this work is vital to promoting opportunities and growth in the heart of the City. The attached drawing provides an overview of the project and illustrates the effect of the new concrete sidewalk with clay brick paver medians. The five new `bullnoses' or curb extensions on the South side intersections will provide for safer pedestrian crossings as well as increase the usable sidewalk area. Letters were received by Council in May 2009 from Uptown Saint John and Donna Reardon requesting that the City reconsider the decision to utilize concrete curb as opposed to granite curb in the reconstruction of Princess Street. A design report was prepared during the design 51 M & C 2009 -170 June 11, 2009 Page 2 process and submitted to the City by the project consultant Terrain. The design report evaluated the possible use of the granite curbing as an alternative to the City's standard concrete curb. The analysis revealed that only a portion of the existing granite curb could be salvaged for reuse on Princess Street and that the cost difference between the removal and reuse of the existing granite curb combined with supply and placement of new granite curb versus supply and placement of concrete curb would be approximately $235,000. In addition, ongoing repair and maintenance costs would be substantially higher for granite curb. FINANCIAL IMPLICATIONS A very large commitment is being made to Princess Street. Given the limited amount of overall Capital funding available each year for street reconstruction projects, staff is of the opinion that it is in the best interest of the City to take advantage of the lower cost of utilizing concrete curb. An amount of $235,000 would be utilized for other reconstruction projects in our transportation network. RECOMMENDATION It is recommended that Council receive and file this report, and that copies be sent to Uptown Saint John Inc. and Mrs. Donna Reardon. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 52 N M & C 2009 - 152 June 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: C AI The City of' sabil John Contract 2007-32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction. PURPOSE The purpose of this report is to update Council on the status of Contract 2007-32 - Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction and the additional costs incurred. BACKGROUND The 2006 and 2007 General Fund Capital Programs included funding for the reconstruction of the Red Head Road and the stabilization of the slopes between Bayside Drive and the Hazen Creek Sewage Treatment Plant. The 2006 Water & Sewerage Capital Program included funding for the installation of a 600mm sanitary forcemain, 300 mm watennain and 200 mm gravity sewer. Common Council at its meeting of June 18, 2007, awarded Contract 2007-32 (M&C 2007-150),, - Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction to Fairville Construction Ltd. at their tender price of $3,695,480.00. At the March 4, 2008 meeting, Common Council authorized the curve realignment between Civic # 360 and Civic # 389 Red Head Road to be completed under Contract 2007-32 Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction by Fairville Construction Ltd. at an additional cost of $144,130.75 as calculated based on estimated quantities. Under Contract 2007-32 the work included the following: 1. A new 300mra watermain on Red Head Road from Midwood Avenue to the property of the future Eastem Wastewater Treatment Facility. 54 M & C 2009 - 152 June 10, 2009 Page 2 2. A new 600 mm sanitary forcemain on Red Head Road from the intersection of Bayside Drive to the property of the future Eastern Wastewater Treatment Facility and a new 200 mm sanitary sewer on Red Head Road from Midwood Avenue to Civic #315 Red Head Road. 3. Reconstruction of the Red Head Road from Bayside Drive to the existing entrance to Hazen Creek Sewage Treatment Plant. 4. Installation of approximately 11,000 tonnes of armor stone in selected areas along the west side of Red Head Road between Bayside Drive and Civic # 315 to stabilize the existing slopes in the area. ANALYSIS All work under contract 2007-32 has been completed. The final quantities have been calculated and summary of change orders for the projects are presented as follows: I Variation in quantities (difference between estimated and final $43,610.00 quantities) associated with force main - Additional 62 meters of force main piping was installed from Red Head Road onto City property leading to the Eastern Wastewater Treatment Facility. This additional force main was installed in this Contract to optimize the force main route and facilitate connection to the future Eastern Wastewater Treatment Facility. 2. Variation in quantities associated with the Slope Stabilization. $130,445.00 Additional slope stabilization work was required during the Contract as additional weak areas along the slope were identified and these areas threatened the integrity of the roadway. Variable toe of slope conditions were found during construction requiring variances in rock infill quantities. Slope Stabilization quantities were extremely difficult to estimate during the design phase because of the variation in the slope, 3. Liquid Asphalt Price Adjustment — As per clause 27.6.02 of the City of $65,974.01 Saint John General Specification, the asphalt binder payments have been adjusted based on the Ministry of Transportation of Ontario Performance Graded Asphalt Price Index. The Contractor is required to submit liquid asphalt unit price adjustments based on the price of asphalt binder on the date of asphalt installation compared to the date of the tender closing. The majority of the asphalt paving was carried out in August and September 2008 and there was a significant increase in liquid asphalt price compared to the tendered date of May 2007. 4. Variation in Quantities — miscellaneous items other than items $7,685.62 identified in 41 and #2 above. 55 M & C 2009 - 152 June 10, 2009 Page 3 5. Additional Work associated with maintaining temporary asphalt road $15,762.40 surface during winter months. 6. Additional work to install piping associated with forcemain clean out $36,535.00 station. 7. Additional work associated with installation of various items not $74,242.46 included in the schedule of quantities, new Allen block walls, installation of temporary concrete barriers during construction and other related work. Total Variation in Quantities and Change Orders: $374,254.49 Minus Contingency Allowance: $286,700.00 Net Additional Cost: $87,554.49 Cost Summary Original Contract Value: $ 3,839,610.75 Minus Contingency Allowance: - $ 286,700.00 Value of Original Estimated Work: $ 3,552,910.75 Variation in quantities: + $ 181,740.62 Summary of Change Orders: +$ 192,513:87 Final Contract Value: $ 3,927,165.24 The final construction cost of the project based on final quantities and change orders is $3,927,165.24. The difference between the final contract value and the original tendered price is $87,554.49. (3,927,165.24 - $ 3,839,610.75) There is adequate funding in the overall Capital Program budget envelopes to cover this cost difference. RECOMMENDATION It is recommended that Common Council receive and file this report. Z') 0 M &C2009 -161 June 4, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: The 01yof Safia John. CONTRACT NO. 2009 -04: WESTMORLAND ROAD WATER BOOSTER STATION UPGRADE BACKGROUND The 2009 Utility Fund Operating Budget includes funding for the upgrade of the Westmorland Road Water Booster Station. The work includes the removal and replacement of the existing pumps, piping, valves, controls, and the addition of a new above ground electrical enclosure. TENDER RESULTS Tenders closed on May 6, 2009 with the following results: 1) Fairville Constriction Ltd., Saint John, NB $137,747.00 The Engineer's estimate for the work was $131,500.00. ANALYSIS The tender was reviewed by staff and was found to be formal in all respects. Staff is of the opinion that the tender has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2009 Utility Operating Fund. While $80,000.00 was budgeted for this project, a review of the operating budget has been completed to ensure the difference between the tender price and the budgeted amount ($137,747.00 — $80,000.00 = $57,747.00) can be managed within the overall Utility Operating Fund. 57 M & C 2009 -161 June 4, 2009 Page 2 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. RECOMMENDATION It is recommended that Contract 2009 -04: Westmorland Road Water Booster Station Upgrade be awarded to the low tenderer, Fairville Constriction Ltd., at the tendered price of $137,747.00 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 58 Terrence L. Totten, F.C.A. City Manager SAINT JOHN June 11,2OO9 Lonwsr LAWLESS TRANSIT Cewrns eo,nwemus BLVD, /s51aouL.pmnv/ue oa/mruzxm.m.e CANADA /muwr JOHN, <m.a.>CANADA Ezmam Mayor Ivan Court and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB Dear Mayor Court and Councillors: TRANSIT INFORMATION (506) 658_4700 ww"m*^*^mIjvho.00m GENERAL OFFICES nnaa58-4ro FAX (506) 658-4704 The Saint John Transit Commissionvvuu|dNketorequestonopportumitytomakeapresertationkz Common Council ot your regular meeting of July 6,2OO9. The purpose of this presentation would beto provide Council with a full report on the new transit routing and schedules, which we plan to introduce on August 9, 2009, The Commission is very excited about our new, enhanced service and vve wish to share this information with Council. Frank McCarey General Manager Saint John Transit Wel M & C 2009 - 168 June 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: The 01yof Safia John. Design and Construction Management: Albert Street (Victoria Street to Main Street) — Watermain and Sanitary Sewer Renewal, Storm Sewer Installation, and Street Reconstruction BACKGROUND The 2009 General Fund and Water & Sewerage Utility Fund Capital Programs include projects for the installation of watermain, sanitary sewer and storm sewer as well as street reconstruction on Albert Street, from Victoria Street to Main Street. The projects include funding necessary to engage engineering design and constriction management services to complete the following: • Site surveys, preliminary investigation and data collection; • Preliminary design, cost estimates and design report; • Public consultation process; • Detailed design and specifications preparation; • Constriction management and inspection services and; • Record drawings in digital and hard copy format. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. .f M & C 2009 - 168 June 10, 2009 Page 2 ANALYSIS On April 27, 2009 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from ADI Limited. In response to this request, ADI Limited submitted a proposal on May 28, 2009. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Albert Street projects. A Review Committee consisting of the following staff completed an analysis of the submission: • Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering • Kevin O'Brien, P.Eng. Operations Manager, Municipal Operations • Jodi Stringer, MIT Project Coordinator, Municipal Engineering • David Logan, CPPB Purchasing Agent /Manager, Materials and Fleet Management Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the ADI Limited proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with ADI Limited to settle on an acceptable consultant's fee to submit to Council for approval. The submission from ADI Limited 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 for ADI Limited to provide design and constriction management services is $99,292 including the City's eligible HST rebate based on an estimated 40 day constriction management period. An amount of $690,000 was included in the 2009 General Fund and Water & Sewerage Utility Fund Capital Programs for design, constriction management and constriction. 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. This upset fee is approximately 14.4% of the total overall project cost, which is considered appropriate for this type of project. AX M & C 2009 - 168 June 10, 2009 Page 3 POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M &C 2009 -65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M &C 2009 -65 the costs incurred by the consultant will 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. The Constriction Management component of this project fee is based on an estimated constriction period. The final fee will be calculated based on the actual constriction management period. RECOMMENDATION It is recommended that the proposal from ADI Limited for engineering services (design and constriction management) for Albert Street (Victoria Street to Main Street) — Watermain and Sanitary Sewer Renewal, Storm Sewer Installation, and Street Reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 62 11 June 2009 His 'Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: 'render for Market Square Boardwalk Refurbishment — Phase 1 BACKGROUND: During preparation of the 2009 Capital Budget consideration and approval were given to cover the cost to refurbish the Market Square Boardwalk which was built in the early 1980s. The 2009 or first phase of this project includes the entire wooden boardwalk between the York Point gateway to Harbour Passage (including the stairs) and the end of the boardwalk where Market Slip meets the volleyball courts and the landscaped park centered among the Market Square housing components. The scope of the work includes the repair and replacement of deck planks, membrane waterproofing designed to seal the deck under the boardwalk and landscaped park, lighting, railings, landscaping, concrete curbs, planters and expansion joints. ANALYSIS: Tenders closed on Wednesday May 27, 2009 with 2 local companies opting to submit bids as follows; ICR General Contractors $448,000.00 Castle Rock Construction $449,300.00 *Engineers Estimate $554,826.66 63 Page Two ANALYSIS ... Cont'd, The tenders were reviewed by staffs of Materials Management, Facilities Management and the project consultants, ADI Limited and were found to be formal in all respects. Staff is confident that the low bidder has the necessary resources and expertise to perform the work and recommend acceptance of their tender. FINANCIAL IMPLICATIONS: The total cast to complete Phase 1 of the Market Square Boardwalk refurbishment, if awarded to the lowest bidder as recommended, will be $448,000.00, tax included. This is a planned expenditure and as such funds to cover the cost are included in the 2009 Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by ICR General Contractors , in the amount of $448,000.00, tax included, for the supply of all labour, materials and equipment necessary to complete Phase 1 of the Market Square Boardwalk refurbishment be accepted and that if required, the Mayor and Common Clerk be authorized to sign the contract documents. Respectfully submitted, David J. Logan Pure sing Agent T.L. Totten, FCA City Manager 64 REPORT TO COMMON COUNCIL M & C 2009-177 11 June 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: F.T.-TKIK" -111TUUMI City of Saint John Tenders closed on Wednesday June 3, 2009 for the supply of one only I tonne 4 X 4 cab and chassis c/w with front plow and a flat bed body. This truck, when delivered will replace vehicle number 589, a Ford F450 I tonne of similar configuration. As a part of the tender bidders were invited to submit bids to supply a complete truck, or a cab and chassis only or for the supply and installation of the plow and flat bed sections only. This approached has worked well for the City in the past as it provides us with the opportunity to evaluate bids on the bases of cost for a complete unit supplied by one vendor or a complete unit supplied by two vendors working under the direction of the Fleet Administration Section. UNK"MW Since no bidder offered to supply a complete truck, the best and only option available to the City is to purchase the cab and chassis from the truck dealer and award the assembly to the lowest of the two bidders for the supply and installation of the component parts. Staff of the Materials and Fleet Management Division — Purchasing and Fleet Administration Sections, have reviewed the bids and have found them to be complete in every regard. A summary of the bids is enclosed for your consideration. 65 Page Two FINANCIAL IMPLICATIONS: If awarded as recommended the total cost to purchase a 1 tonne 4 X 4, cab and chassis clw plow and flat bed body will be $49,687.00 plus tax. This is a planned expenditure as a part of the Fleet Replacement plan for 2009 and as such funds are available in the Fleet Replacement reserve fund to cover the cost. RECOMMENDATION: It is recommended that the tender submitted by Downey Ford Sales for the supply of a 2010 Ford F450 4X4 cab and chassis in the amount of $37,987.00 plus tax be accepted and further that the tender submitted by Saint John Spring Works for the supply and installation of a front plow in the amount of $4,500.00 plus tax and a flat bed body in the amount of $7,200.00, plus tax, also be accepted. Respectfully submitted, (jj e �� , David J. Logan Purch ing Agent T.L. Totten, FCA City Manager • Tender 2009-231002T Truck — One Ton Cab & Chassis with Flat Bed Body & Snow Plow Tender Opening: 2:30 P.M., Wednesday, June 03, 2009 2 "d Floor Boardroom, 175 Rothesay Avenue DESCRIPTION WHEY SA�lil� T j R DEL FORD. SPRING EQUIPMENT ORK 1. Cab & Chassis 2010 Ford F450 44 r 2. Flat Bed Body -Supply & Install $ 7,200.00 $ 7,515.00 3. Snow to - Supply & Install $ 4,500.00 $ 5,475.00 ( * ) Indicates Recommendation 67 165AN ` . ........ ii hus M & C — 2009-178 City of Saint John I1 June 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender 2009- 781001T Arena Board Replacement — Peter Murray Arena BACKGROUND: Facilities Management in conjunction with Leisure Services has identified a need to replace the arena boards at the Peter Murray Arena as the existing boards are deteriorated and in poor condition. Tenders were called for the supply and installation of complete factory prefabricated, arena board system with spectator shielding. ANALYSIS: Tenders closed on Wednesday, June 10, 2009 with 7 bidders responding. Staff of Materials & Fleet Management and Facilities Management have reviewed the tenders, and have found both to be complete in every regard. A copy of the bid summary is enclosed for Council's consideration. .. ` Page 2 FINANCIAL IMPLICATIONS: The total cost to replace the arena boards with a new prefabricated board system , if awarded as recommended to the low bidder, will be $188,200,00 plus tax. This is a planned expenditure and as such funds are available in the Capital Budget. The City of Saint John has submitted an application for funding under the Recreational Infrastructure Canada (RinC) Program but has not yet received confirmation on approval. This program would reimburse the City for one third of eligible costs. RECOMMENDATION: It is recommended that the tender in the amount of $188,200.00, plus tax, for the supply and installation of new arena boards at the Peter Murray Arena, be awarded to the low bidder, Erbs Enterprises, as indicated on the enclosed summary of bids. Respectfully submitted, David Logan, CPPB Purchasp*gAgent tA'ILL "t, T.L. Totten, FCA City Manager 'M City of Saint John Tender 2009-781001T Arena Board Replacement — Peter Murray Arena Tender Opening: 2:30 P.M., Wednesday, June 10, 2009 2"d Floor Boardroom, 175 Rothesay Avenue Erb's Sport ICR Avondale King Castle Rock Sound Enterprises Systems General Construction Construction Construction Barriers Ltd. Unlimited Contractors Limited Ltd. Services Inc. Corp. Limited $188, 200.00 $194,830.00 $209,900.00 $200,715.00 $210,000.00 $221,800.00 $189,300.00 Ve, i , \1 . .......................... ....................................................... .. . ............................... _.. _._.._......__.m City Manager's Office Bureau du directeur g6n6rat i.�,w w.sairQ-Jchn.ca June 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4LI Subject: Funding Support — Fundy Bay Festival Background: The organizers of the Fundy Bay Festival requested $ 10,000 in City funding support for the 2009 event. Common Council approved a $5,000 contribution as part of the annual budget process. The organizers have requested that Council increase the amount to be provided in order to support an increased marketing effort and in recognition of the increased costs associated with a growing event. Analysis This community based event continues to grow each year, their funding has stabilized and it continues to successfully retire its outstanding debt. Council has some flexibility in its unspecified grant budget to provide supplemental funding to the Festival to help increase their promotion efforts. Recommendation: That Common Council approve an additional $2,500 contribution, from the Unspecified Grants Budget, to the 2009 Fundy Bay Festival. tted, nods CGA Manager . Terrence L. Totten FCA City Manager FA M & C — 2009 - 162 June 15, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Street Name Change BACKGROUND As a result of recent development activity, Porter Street and Stewart Street are now connected and for all intents and purposes are now one street (see attached map). NB 9 -1 -1 guidelines dictate that a section of street must only have one unique street name. For this reason, it is necessary for us to eliminate one of the street names. This will reduce confusion for emergency service providers, when responding to 911 calls. In an effort to cause the least amount of disruption to the least amount of residents, Staff recommends that Stewart Street be renamed to Porter Street. REDOMMENDATION It is recommended that Common Council approve the following changes: 1. Rename rue Stewart Street to rue Porter Street; and 2. Remove rue Stewart Street from the list of Official Street Names. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager VA 72 Report to Common Council 73 Page 2 %A�N u IN WN M & C — 2009 — 166 June 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 43 Downsview Drive, 130 Station Street, 389 & 397 Millidge Avenue, 1427 Rothesay Road, 299 Golden Grove Road and 100 Fallsview Avenue BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Hughes Surveys & 43 DoN -,nsview `B -1" "RM -1" To permit a Consultants Inc. Drive four -unit (for Ellerdale toN -,rehouse Investments Ltd.) Hughes Surveys & 130 Station Street "I -1" `13-2" To permit Consultants Inc. consolidation (for Commercial with 124 Properties) Station Street Hughes Surveys & 389 & 397 Millidge "R -2" `B -1" To permit a Consultants Inc. Avenue medical office (for Dr. Kern- J. Sheppard Prof. Corp.) 74 Report to Common Council Hughes Surveys & Consultants Inc. (for Paul Tobias) Residential Contrac- tors Ltd. Saint John Adven- tures Inc. 1427 Rothesay Road "RS -2" `13-2" 299 Golden Grove "RS -2" "IL -l" Road 100 Fallsview Avenue "R -2" "P" RECOMMENDATION: Page 2. To permit medical offices To permit a group care facility To permit a commercial recreational facility That Common Council schedule the public hearings for the rezoning applications of Ellerdale Investments Ltd. (43 Downsview Drive), Commercial Properties (130 Station Street), Dr. Kerry J. Sheppard Professional Corporation (389 & 397 Millidge Avenue), Paul Tobias (1427 Rothesay Road), Residential Contractors Ltd. (299 Golden Grove Road) and Saint John Adventures Inc. (100 Fallsview Avenue) for Monday, July 20, 2009 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF /r 75 M & C — 2009 -165 June 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Land from Province of New Brunswick Connector Road between Harding Street and Fairville Blvd. BACKGROUND: As Council is aware, the City has awarded the contract to begin work on the section of Fairville Boulevard between the intersection of Catherwood Street and Simms Corner. This work will include street widening, new municipal services and realignment of the connector road between Harding Street and Fairville Boulevard. Counsel Corporation, owner of the Lancaster Mall has acquired adjacent property north of the existing connector road, as well as along the west side of Fairville Boulevard. They have proposed a land transfer with the City required to relocate the connector road northerly in trade for the remnant parcel where the connector road presently exists. This relocation of the connector road will properly align it with the entrance to Lancaster Mall where the intersection is now managed by recently installed traffic lights. In addition, they will also provide land along Fairville Boulevard required for widening as part of the fiiture Simms Corner reconstruction project. ANALYSIS: The above noted connector road was acquired by the Province of New Brunswick in or around 1972 for the purpose of providing a vehicular connection between Fairville Boulevard and Harding Street. The Province is now prepared to convey the property, identified on an attached map as PID 434785 to the City for $1.00. Once received, the City will acquire a portion of an adjoining parcel to the north from Counsel Corporation for the purpose of relocating the connector road. In Fee Report to Common Council June 12, 2009 Page 2 return, the City will convey to Counsel Corp. the remnant portion of PID 434785 to be added to their land holdings situated to the south. Real Estate Services are also negotiating with the Province to acquire a landscaped portion of Fairville Boulevard not used by vehicular traffic, for the purpose of conveying it to Counsel Corporation. This parcel would form part of the planned land exchanges between the City and Counsel Corporation. These discussions are ongoing and it is anticipated a further report will be forthcoming for Council consideration once discussions are completed. The recommendation contained below will facilitate the first phase of the various land exchanges between the Province, City of Saint John and Counsel Corporation. RECOMMENDATION: That The City of Saint John acquire from the Province of New Brunswick Supply and Services, a property identified as PID Number 34785, as is where is, for $1.00 plus H.S.T. (if applicable), as illustrated on the attached map; and 2. That the Mayor and Common Cleric be authorized to execute any document required to finalize this transaction. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c Attachment 77 rue Main met / Main St. W. *J, k7l I t 1, 0 W; I I irl I I Ul :5M, , NVE.-Hilm R Zs7l[.*l I i III, I i t iIII pillill T. 17,01,1111,1111"Limm= ZL M & C — 2009 -169 June 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Maritimes & Northeast Pipeline Crossing Agreement KP 92 + 500 Fairville Boulevard BACKGROUND: The City Nvill be installing new Nvatermain, sanitary and storm sewer lines as part of the Fairville Boulevard Reconstruction Project, between Catherwood Street and Simms Corner. The storm sewer line Neill cross or come Nvithin close proximity of the Maritimes & Northeast Pipeline's natural gas pipeline, located at approximately KP 92 + 500 on Fairville Boulevard. Maritimes & Northeast have reviewed the City's design drawings and have no objection to the crossing. Maritimes & Northeast have delivered to the City the required agreement. Staff reviewed the agreement and there are no concerns or objections. The purpose of this report is to present the agreement to Common Council for its consideration. RECOMMENDATION: That The City of Saint John enter into a Crossing Consent Agreement Nth Maritimes & Northeast Pipeline Limited Partnership, by its General Partner, Maritimes & Northeast Pipeline Management Ltd., subject to the terms and conditions in the attached agreement, for the purposes of facilitating the storm sewer installations as part of the Fairville Boulevard Reconstruction Project and that the Ma -Tor and Common Cleric execute the said agreement. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development CL /c Attachments "w Terrence Totten, F.C.A. City Manager No tteasst Pipeline May 15, 2009 Brett MacLean, P. Eng. Design Engineer Municipal Operations and. Engineering City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L.1 . 26 Adam Blvd_ Fredericton, New Brunswick Canada E3C 2N3 U: (506) 462.4800 Fax: (506) 482.4811 Web Site: www.mnpp.com SUBJECT: Crossing Consent Agreement for your proposed crossings, existing structure removals(within 3 m), and structure installations (within 3m). of Maritimes. & Northeast Pipeline (`M &NP') Saint John Lateral at approximate KP 92{500. M &NP has mvicwed the proposed crossings and associated activities and will consent to: it. in consideration of M &NP consenting to the crossing and associated activities, we ask that you agree to the following conditions precedent: 1. That you will comply with the general conditions for consent in Schedule "A ", attached hereto; 2. That you and your contractor will install the crossing strictly in the manner described in Schedule "B ", attached hereto; 3. That the crossing -will be designed and constructed strictly in accordance with. your drawings numbered File F007 -28 (sheets 1 and 2) date stamped April 23, 2009 and Addendum -1 drawing number S07018 -14 date stamped May 7, 2009 and approved by M &NP attached as Schedule "C ", hereto; 4. That the crossing will be completed within one (1) year of the date of this letter, otherwise this consent will terminate and a new application will be required. 5. That as per Schedule "A ", Section 10, all contractors working near an exposed pipeline are required to wear appropriate PPE and fire retardant apparel. 6. That as per Schedule "A ", Section 5, Applicant shall submit certificates or' other evidence of such insurance to M &NP prior to any work commencing for the Crossing. Please sign and return all three copies of the agreement, including the three copies of the enclosed drawings and schedules. We will subsequently sign the copies of the agreement and will return two for your use. Please ensure that a copy is sent to the persons who will be performing this work and that it is available "on- site ". Installation of the crossing can then proceed after giving a minimum of two business days advance notice to myself at (506) 462. 48031461 -5681. M This Agreement and Schedules "A ", "B" and "C" constitute the entire Agreement between M &NP and the Applicant and any change or alteration hereof shall be made in writing between the parties. Yours very truly, MARITIMES & NORTHEAST PIPELINE Andrew Langille, M.Sc., P.Geo. Lands & Public Awareness Coordinator Read and agreed to at Saint John, New Brunswick, this day of 2009. Applicant: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2009. m SCHEDULE `A' General Conditions for Crossing Consent L. . In this agreement: (a) the term "Applicant" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contractor" means'. the person(s) who constructs and installs the Facility; (c) the term "Facility" refers to the works of, the Applicant as described in the covering letter- agreement to this Schedule; (d) the term "Crossing" refers to the crossing of M &NP's pipeline(s) by the Facility at the location described in the covering letter - agreement to this Schedule. 2. M &NP consents to the Crossing to the extent that it has the right to do so and the Applicant shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Applicant agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. G. Applicant agrees to indemnify and save harmless M&NP against any claims, demands, actions, suits, proceedings, damages, injuries- (including injuries resulting in death) that may arise as a result of the construction, installation-and.operation of the Facility. 5. In connection with Clause 4, above, Applicant, or Contractor, at its own expense shall carry and keep in full force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000.00),'and; (b) Automobile Liability Insurance ( "owned" and "non- owned ") with an inclusive limit for bodily injury (including passengers) and property damage of One Million dollars ($1,000,000.00). Applicant shall submit certificates or other evidence of such insurance- to M &NP prior to any work commencing for the Crossing. 6. Applicant agrees to personally perform the installation and construction of the . Facility or else to closely supervise its installation and construction by a duly 82 qualified contractor(s) and to ensure that said contractor(s) complies witk all terms and conditions of this agreement. 7, The Applicant shall pay forthwith upon presentation of an invoice by M &NP, all reasonable costs incurred by M &NP for: .(a) Review, approval and inspection of the Crossing; (b) Reinforcing, modifying or relocating M &NP's pipeline(s) to accommodate the installation of Applicant's Crossing or the maintenance and repair of its Facility; (c) Any reasonable incremental costs inured by M &NP in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Crossing. 8.. The terms and conditions of this consent shall apply to the construction and installation of the Crossing and any future maintenance work that may be required. 9. This consent is for the Facility shown in Schedule `C' only and any additional works or facilities proposed by the Applicant shall be the subject of a separate agreement. 10. Applicant hereby agrees. and acknowledges that its rights in the Crossing are subordinate to the easement agreements) of M &NP that have been registered or obtained prior to this date and Applicant shall cooperate. with all reasonable requests made by M &NP related to the operation, maintenance and repair of M&NP's . pipeline(s) within the easement(s), in particular the use of Nomex or fire retardant equivalent apparel 11 _ In the case of default by the Applicant to carry out any of the provisions of this agreement or if the condition of Applicant's Facility has deteriorated and adversely affects the operation of M &NP's pipeline(s), M&NP may give written notice thereof. If the Applicant fails to take all reasonable steps to remedy the default or the deterioration of the Facility within fifteen (15) days after receipt of the written notice by M &NP, M &NP may take such steps necessary to remedy the default or deterioration and Applicant shall be liable for and shall pay forthwith all reasonable costs incurred by M &NP in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter - agreement and shall be deemed to be received on the fifth (5a') day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Crossing is situate. 14. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other party- 83 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years from the date hereof if the Applicant has. not completed the construction and installation of the Facility and restoration of the lands affected by the Crossing; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to M &NP and the owner of the property where the Crossing is situate; 16. if any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in full force and effect. 84 SCHEDULE W Excavation and Operation of Heavy Enuipment 17. The following conditions shall apply whenever any construction activities shall require the need for the operation of equipment or excavation near M &NP's Pipeline(s). (a) To protect exposed M &NP Pipeline(s) from damage during the proposed work, M &NP's on -site inspector may require the Applicant to install certain safety precautions before beginning construction. (b) To avoid possible damage to M &NP's Pipeline(s) while excavating, the Pipeline(s) shall be supported adequately, as directed by M &NP's on -site inspector. (c).To avoid possible damage to M &NP.'s Pipeline(s), 'heavy equipment shall be restricted to crossing within the travelled portion of the easement unless other crossing locations are approved by M &NP's on -site inspector. (d) Applicant shall provide at least three (3) business days' advance notice prior to commencing any excavation near M &NP's"Pipeline(s). General Conditions for Crossings of the Pipeline. by _Highways, Private Roads_ Railways and Utilities 18. The following general conditions shall apply to Crossings of M &NP's Pipeline(s) by a highway, private road, railway or utility: (a) In the case of a crossing of M &NP's.:Pipeline(s) by a highway, private road, railway or utility the Crossing shall, except as otherwise provided herein, conform to the respective specifications and requirements of the current Canadian Standards Association Code CAN /CSA Z662 --� 99 for Gas Pipeline Systems and if the facility will result in the Maritimes Pipeline not conforming, the Crossing may be made only if the M &NP's Pipeline(s) is reconstructed to conform to such requirements, the cost of which shall be borne and paid for by the Applicant. (b) The Applicant shall pay all costs to ensure M &NP's Pipeline(s) shall, in all cases, be of sufficient strength to withstand all stresses and strains resulting from the Crossing. (c) The Crossing shall be constructed so as to cross M &NP's Pipeline(s) at an angle as close as practicable to ninety (90) degrees but not less than forty -five (45) degrees. (d) Parallel easements shall not encroach on the M &NP's Pipeline(s) easement without the prior written consent of M &NP and the owner of the lands being crossed. 85 19. At any crossing of M &NP's Pipeline(s), except crossings by overhead telephone, telegraph or power lines, M &NP's Pipeline(s) and the Facility shall be identified by suitable markers. 20. A buried utility shall cross under M &NP's - Pipeline(s) unless otherwise approved by M &NP. A clearance of not less than 0.3m shall be maintained at the point of crossing between the utility and M &NP's Pipeline(s) and all other underground structures. In all circumstances, minimum clearances as . stipulated in the current edition of Canadian Standards Association CANlCSA- 2662 -99 "Gas Pipeline Systems" shall be complied with. Underground utility crossings shall also be subject to the - following design constraints; (a) Utilities must be installed at a level grade across the entire width of M &NP's Pipeline easement with the exception of gravity dependent structures. In such cases, the minimum clearances which are specified between the utility and M &NP's Pipeline(s) crossed must be maintained. (b) In the case of any Applicant's buried pipelines, no joints may be trade over or under any M&NP PipeIine(s). (c) If Applicant's pipeline(s) will operate under pressure, it/they shall be pr- tested to at least the required test pressure prior to its installation across M &NP's Pipeline easement. (d) If the case of buried power cables, the Applicant shall install a 75mtn thick concrete slab, or suitable equivalent, approved by M &NP, placed 300mm above the utility service installation, the full width' of M &NP's Pipeline easement. There shall be a minimum separation of 300mm between the top of the concrete slab and the bottom-of M &NP's Pipeline(s). This separation shall be maintained over the entire width of the M &NP Pipeline casement(s). The concrete slab should be un- reinforced red dye concrete. The utility shall be permanently identified with "caution" tape on top of the concrete slab. (e) In the case of buried cables, no joints, splices or other connections shall be made within the M &NP Pipeline easement. (f) The method of installation of all utilities crossing M&NP's Pipeline(s) below ground level must be specified in the Applicant's submission to M &NP. 21. A public highway, logging road or private road shall be constructed so that the traveled surface thereof shall be not less than 1.5m above the top of M &NP's Pipeline(s) or the casing pipe, where required. The bottom of the ditches shall be not less than 1.2m above the top'of M &NP's Pipeline(s) or casing pipe. Railway Cross ing Requirements :. 22. The following conditions apply to the crossings of M &NP's Pipeline(s) by railways and shall supplement or supersede the conditions detailed in Section 2, 3, 4 and 5. (a) Where M &NP specifications stipulate, M &NP's Pipeline(s) shall be encased in a metal casing pipe, to be installed by M&NP, the cost of which shall be borne and paid for by the Applicant. (b) Railway crossings shall be constructed. to allow the following minimum clearances: G) One point seven (1.7) meters between the top of M &NP's Pipeline(s) or casing pipe and the base of the rail for a distance of at least 8.0ra from the centerline of the outermost track. (ii) One point two (1.2) meters between the top of M &NP's ' Pipeline(s) or casing. pipe and the bottom of the railway right -of -way ditch and/or natural ground surface. Overhead Crossing Requirements 23. The following conditions apply to the crossing of M &NP's Pipeline(s). by overhead telephone, telegraph, telecommunication and electrical power lines: (a) Prior to construction, the Applicant shall determine if electrical interference between the Applicant's facilities and M &NP's Pipeline(s) will occur. If so, the Applicant shall be responsible for providing mitigation- design to a level of 15 volts A.C. Steady State; generally in accordance with CSA Standard C22.3 No 6M -1987 (or update), "Principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines ". (b) The vertical distance between the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical Code Part III (CSA Standard 022,3, "Overhead Systems and Underground Systems "). (c) The poles, pylons, towers, guys, anchors and any other supports of an overhead line shall be located outside the M &NP Pipeline easement and not within ten (10) meters of any M &NP Pipeline appurtenance. (d) The Applicant, for an overhead line shall, where directed by M &NP, install aerial warning devices for the protection of M &NP personnel and equipment conducting aerial patrols. Blasting Requirements 24. Prior written approval is required from M&NP if construction of the Facility requires the use of explosives. The Contractor shall comply with all- applicable government laws, regulations and orders concerning the use, storage and transportation of explosives, including, but not limited to, the Canadian Explosives Act. The Applicant shall comply with the safety requirements of M &NP. 87 25. The following conditions shall apply whenever any construction activities shall require the need for blasting when working within thirty (30) meters of M &NP's Pipeline(s): (a) The effects of blasting shall be controlled. (b) A leakage survey of the designated area shall be performed prior to and after blasting by the M &NP inspector to determine the effect of such operations, the cost of which shall be borne and paid for by the Applicant. (c) When blasting is necessary in the vicinity of M &NP's Pipeline(s) under pressure, the Applicant shall limit the intensity of the ground vibrations emanating from any particular blast, measured on the ground's surface above the pipeline(s) at the location nearest to the blast to the following specifications: (i) Maximum amplitude of vibrations 0.1524mm. (ii) Maximum horizontal peak particle velocity 50mmisec. (iii) The permissible quantities of explosive per delay period shall be governed by the recorded measurements as influenced by the work site conditions. (iv) Explosive agents must, in all instances, be acdeptable to M &NP. (v) Delays shall be designed to prevent double readings. (vi) Further restrictions shall be stipulated, as required, by M &NP. Cathodic Protection Re uirements 25. Applicant agrees to install, at its cost; all cathodic protection facilities deemed necessary by M &NP to protect M &NP's Pipeline(s) or otherwise reimburse M &NP for the cost of such facilities and installation. :: SCHEDULE `C' Plan Showing Approved Crossing (Prepare 3 prints of your proposal drawing as set out in this Schedule `C' and attach them to the copies of the letter- agreement you return to M &NP) A drawing of each crossing shall be prepared in accordance with sub- sections A, B and D below. The drawing shall show the location and dimensions of the crossing and the clearance between the lowest catenary and the surface of the ground within the pipeline right -of -way or its projects limits. Standard Drawing Reguirements . (NOTE. All views to be combined in one drawing) A. PLAN VIEW Scale: • In metric — scale of 1:500 or at a scale which clearly defines all details of the crossing Dimensions: • Distance along the M &NP Pipeline easement to the crossing from a definable legal limit (i.e. lot line, river, road allowance limit, etc.) • Width of the M&NP Pipeline easement to one -tenth (0.0) of a meter Location of M &NP's Pipeline(s) within the easement to one -tenth (0.0) of a meter at right angles to the pipeline easement • Angle of the crossing (measured to the M&NP Pipeline easement) • Show the width of the utility easement(s) to one tenth (0.0) of a meter • Width of streets in vicinity of crossing Identify: • Legal description of the crossing location (i.e. property metes and bounds, PID, Parish, town, village, etc.) - • All additional M &NP Pipeline appurtenances (i.e. concrete slabs, weights, pipeline markers, etc.) • North arrow • Scale B. SECTION VIEW :• The section view is to be along the proposed - utility that crosses M &NP's Pipeline. Scale: • In metric, vertical 1:100, horizontal 1:200 or to a scale that. clearly identifies all details of the crossing Dimensions: • Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter • Vertical distance of the proposed utility below grade to one -tenth (0.0) of a meter • Clearance to M &NP's Pipeline(s) + Diameter of each of M &NP's Pipeline to be crossed • Easement or right -of -way limits Identify: • If elevations are assumed, then reference the point of the assumed datum ' + Distance of the pipeline(s) to the M&NP Pipeline easement limits + Ground surface profile for the 20m on either side of crossing • Scale C. PROFILE VIEW The profile view is to be along M &NP's Pipeline(s) and is only required if the encroachments is on the M&NP Pipeline easement for a definable distance (i.e. parallel encroachments such as roads and any grading of the easement, etc.) Scale: • In metric, vertical 1:100, horizontal. 1.200 or to a scale that clearly identifies all details of the crossing Dimensions: • Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter • Depth of the proposed utility to one -tenth (0.0) of a meter j • Clearance to M &NP's Pipelines) • Diameter of each M &NP Pipeline to be crossed ! . Easement or right -of -way limits j Identify: j • If elevations are assumed, then reference the point of the assumed datum M + Distance of the pipeline(s) to the M &NP Pipeline easement limits to one -tenth (0.0) of a meter • Ground surface profile for 20m on either side of crossing • Scale • Existing M &NP Pipeline markers D. LOCATION PLAN VIEW Scale: • In metric, scale of 1: 12000 or to a scale that clearly identifies the location Dimensions: • Distance to the nearest town of major geographic feature to 0.1 of a kilometer Identify: + Parish, town, village, city, county, regional municipality, etc. • PID, street, highway, road, etc. • North arrow TITLE BLOCK Identify: • Name of the Applicant and the name of the engineering company who compiled the drawing (where applicable) • Drawing number and the date of the drawing • Revision dates (if applicable) • Signature of the applicant and the engineering company • Legal description of the crossing location • Description of the utility • Date of the survey ADDI73ONAL INFORMATION Identify: • All specifications of the utility (i.e.) diameter, wall thickness, material to be conveyed, minimum yield strength, operating pressure, field test pressure, mill test pressure, materials comprising the utility, protective devices to be installed and the proper method of installation • Show a note referencing compliance with all applicable CSA standards and the National Energy Board Pipeline Crossing Regulations • Date of the proposed crossing m a_ I� eI II ll t O g 4 I I I 92 j JZNZZ o ZIYtlr- 1� XQE �q z� a i R R s R N s a A A w� - fY Z F� w� �O O �K a a 0 E jr 1:141 ik Ni ,1 I 'e a l 1_ - fC0'3d 1 1 x I 5 1 3•� i�� f��rt� °+ I 11M, a_ I� eI II ll t O g 4 I I I 92 j JZNZZ o ZIYtlr- 1� XQE �q z� a i R R s R N s a A A w� - fY Z F� w� �O O �K a a 0 E I ...ii 17 *1� -.., 11+146 a: AS SHOW AND RELOCATE Ei112 AS SIIO�N C/. JOINT RACER VA F T lWn BLOCK AND TRACER MNT AtMIST 70 FLASH GRADE vne wassuo as 0860 .:..nas STA 11a144.31 0 11.06Tn nPE ELEVATHM AATT� LATERAL tlMITS OF wip MU E�TOPTOP : 2a6�6 Seem CONSTRUCTION DMC& QXARANM .. 37.41. NOTE: THIS ADDENDUM IS TO CLARIFY AN ERROR ON SHEET 1 OF 2 FROM THE AGREEMENT DRAWINGS. Tursil(i1Rpllp tia ds6111rRt 8t.811Y 6150 terrain no mcla+es of r,ueneJl1 �oLU,1oN� wwtrl�aMpoupaen� Rn-�n V k; �rm; V, MUNICIPAL OPERATIONS & ENGINEERING METRES O8 6 4 2 0 10 SCALE 1:500 M &NP AGREEMENT ADDENDUM ISSUED FOR TENDER ISSUED FOR TENDER REVIEW ISSUED FOR REVIEW REVISION DESCRIPTION CLIENT CITY OF SAINT JOHN Q 21 O O n O 2 M u) N 0 a 8 g a z z U 3 D 4 2 5 w rr tx w z z w Of i l53 of K k PROJECT s1llloaw■�erxA�sr 1rAa�risar (LAmm"MMUL ro�{?f�lllb0oswomm 11%H IIAf, S&WAlrrwliO S71Al■Ia��R R 2004 ; 0WAU AVMWA W A7�rMNQIIMfl111Cf11 W o z SAINT JOHN, NEW BRUNSWICK W •••••��C}� � SHEET DESCRIPTKNd CA ;� M&NP KP AGREEMENT DRAWING ADDENDUM OAK 05/07/09 DATE 05 -07 --2009 DRAWN JGL HORIZ. SCALE 1:500 CHECKED DAK VERT. SCALE N.T.S. DWG. NO. S07018-14 DAK 04/13/09 DAK 03/31/09 DAK 09/27/08 ADDENDUM -1 CHK'Dl OPEN SESSION M & C 2009-164 June 9, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Councillors: RE.- Saint John Salvage Corps & Fire Police Admission of New Member The following applicant has been selected for admission to the Saint John No. I Company Salvage Corps and Fire Police: Donald Cullen Captain Terrance Hopey is requesting that a warrant be issued for this prospective new member. RECOMMENDATION: It is recommended that Common Council issue a warrant for the following new member: Donald Cullen. Respectfully submitted '7 /X nonds Terry Totten, City Manager Attachment AM, faint 1,& SafvaqF- IA� 9i7Z J PO&11- EltoSL&J 1882 �Salnt Efin Chief Robert Simonds Saint John Fire Department 45 Leinster Street Saint John, N. B. E21, I H9 June 8, 2009 6,1 Dear Robeft.— 04 4=51ve-W ETanlwic� An application for membership has been accepted by the Salvage Corps and Fire Police as follows: Mr. Donald Cullen 126 Taylor Lake Rd. Saint John, N. H. E2S IRI Would you please make arrangements to have Common Council issue a warrant for Mr. Cullen. Thanking you in advance, I remain, Yours truly, Brenda S. McCormack Secretary 7AR REPORT TO COMMON COUNCIL M & C — 2009 -174 June 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Amendment to Sale of 225 Prince William Street (former Grain Elevator Property) to Ellerdale Properties Ltd. BACKGROUND: Common Council at its December 3, 2007 meeting resolved to sell the above noted City owned property (see attached plan) to Ellerdale Properties Ltd. under the terms and conditions contained in the Agreement of Purchase and Sale attached to the Report to Council in this regard. The terms and conditions included an agreed upon sale price and a closing date for the transfer of the property of (on or before) June 30, 2009. City of Saint John During the past 1 '/z years, Ellerdale Properties Ltd. have been finalizing their plans for development of the site; including the required Municipal Plan Amendment and.rezoning necessary to accommodate their proposal. There has been some recent "minor environmental conditions" that are currently being dealt with by both the City and Ellerdale Properties Ltd. that warrant the need to request a small extension to the closing date to on or before August 31, 2009. No other terms or conditions are to be changed or altered in the Purchase and Sale Agreement between the City and Ellerdale Properties Ltd. RECOMMENDATION: 1. That, with the consent and approval of Ellerdale Properties Ltd., The City of Saint John amend the Agreement of Purchase and Sale between The City of Saint John and Ellerdale Properties Ltd. dated the 4`h day of December, 2007 to extend the closing date stipulated at article 4 of the Agreement to, on or before August 31, 2009. Report to Common Council June 11, 2009 Page 2 2. that the Mayor and Common Clerk be authorized to execute the amending agreement. Respectfully submitted, Ken Forrest, MCIP. RPP Cornmissione Plannin d Terrence Totten, F.C.A. City Manager Attachment CLIc 'fl This agreement made this _-//* day of December, 2007. BY AND BETWEEN: THE CITY OF SAINT JOHN (the "City ") OF THE FIRST PART -and- ELLERDALE PROPERTIES LTD. (the "Company ") OF THE SECOND PART WHEREAS the City is the owner of the lands designated 05 -01 (4.083 m2) on a "Preliminary" Tentative Plan titled "The City of Saint John Subdivision, Situate Water Street, City of Saint John, Saint John County, New Brunswick" dated March 13, 2007, a photo reduced copy attached hereto as Schedule =`A" (the "Lands "); and WHEREAS by resolution adopted April 23, 2007 the City authorized the Company to apply for a rezoning of the Lands; and WHEREAS by resolution adopted October 22, 2007 the City initiated the process to consider a Municipal Plan Amendment for the Lands in anticipation of the Company's application for rezoning; and WHEREAS at a meeting of the Common Council of the City of Saint John held November 5, 2007 a public presentation was given for the proposed Municipal Plan Amendment; and WHEREAS the City and the Company have entered into an agreement whereby the Company has access to the Lands to carry out inspections, surveys, testing and environmental audits to, in and upon the Lands; and WHEREAS it is anticipated that the Company shall, in due course, make an application for the said rezoning of the Lands; and WHEREAS public hearings to consider such proposed amendments will be held; In consideration of the sum of Ten Dollars ($10.00) now paid by each party, one to the other, the receipt whereof is hereby acknowledged, the parties, provided the Company shall apply for and be granted an amendment to the City's Zoning By -Law from designations "Uptown Regional Centre" and "Medium Density Residential" to designation "Integrated Development" in respect of the Lands (it being understood that AT Agreement of Purchase and Sale -2- the City is neither implicitly or explicitly obligated to grant such amendment), and further provided that the City and the Company shall have executed a Developers Agreement drawn pursuant to Section 39 of the Community Planning Act, agree that the City shall sell the Lands to the Company and the Company shall purchase the Lands from the City upon the following terms and conditions: 1, The two (2) provisions hereinbefore set forth are conditions precedent and failure to comply with either provision by June 30, 2009 shall render this Agreement a nullity. 2. The conveyance of the Lands to the Company shall reserve to the City: a) any easements required for municipal services and public utilities; b) a restriction limiting use of a three (3) metre wide strip of land along the northern sideline of the Lands to use as a buffer; C) any public street and Land for Public Purposes (park) requirements; d) an option, irrevocable within the time limited for acceptance to purchase free from encumbrances and restrictions other than encumbrances and restrictions existing at closing, the Lands, which option shall arise on the first anniversary of the closing, if, at that time the Company has not commenced construction of the project upon the Lands; this option shall be open for acceptance in writing pursuant to clause 13 herein for thirty (30) days following the date,of its arising at the price of Four Hundred and Fifty Thousand ($450,000.06) Dollars payable at the closing of the re- purchase not later than thirty (30) days following acceptance, such closing shall take place, at the City Solicitor's Office. "Commencement of the project" means the completion of the foundation of the parking garage. 3. The sale price of the Lands is Four Hundred Fifty Thousand ($450,000.00) Dollars by certified cheque or bank draft at closing, subject to normal adjustments. 4. The closing shall take place on or before June 30, 2009 provided the conditions precedent have been fulfilled. The closing shall take place in the City Solicitor's Office, $t'' Floor, City Hall, 15 Market Square, Saint John, NB. 5. a) The Company's obligation to carry out the transaction contemplated by this Agreement is subject to the Company's satisfaction with the inspections, surveys, testing and environmental audits carried out to, in and upon the Lands pursuant to the Agreement authorized by the City on November 19, 2007. This condition is for the sole benefit of the Company and may be waived by the Company in its sole discretion; and (b) The Company shall provide the City with copies of all inspections, surveys, testings and environmental audits. Agreement of Purchase and Sale -3- 6. The City shall have good and marketable title to the Lands free and clear of all encumbrances. The Company shall not call for production of any title deeds, abstracts, surveys, building location certificates, or other evidence of title except such as are in the possession of the City. Up to the date of the enactment of the Zoning By -Law Amendment, the Company may examine the title to the Lands at its own expense. If within that time a valid objection to title is made in writing by the Company to the City, which the City shall be unable or unwilling to remove within ten (10) days of notification of the said objection or objections and which the Company will not waiver, this Agreement shall notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the City shall not be liable for any of the Company's costs or damages. Save as to any valid objections so made within such time the Company shall be conclusively deemed to have accepted the title of the City to the Lands. 7. The City shall deliver vacant possession of the Lands to the Company at closing. 8. Property Taxes shall be adjusted as of the closing. 9. Harmonized Sales Tax ( "HST ") payable in respect of this transaction shall be in accordance with the Excise Tax Act (Canada) (the "Act"). 10. The Company's solicitors are hereby appointed Agents of the City for the purposes of migration of the title to the Lands to the Land Titles System and the Company's solicitors shall at the sole expense of the Company, apply for the required PID Approval, certify title to the Lands for the purpose of migration to the Land Titles System and migrate the Lands to the Land Titles System. The Company shall forward to the City's solicitors at least five (5') business days prior to the closing date an Application for First Registration (Form 1.), and the City's solicitors shall forthwith return to the Company's solicitors an Affidavit of "Applicant (Form 2) and a Certificate of Notary under the Land Titles Act. 11, The Company is permitted to post signage upon the Lands for the purpose of promoting the development proposed by the Company provided that permission is exercised by the Company with as little disturbance as possible to the Lands and does not unduly interfere with the current use of the Lands. 12. Any tender of documents or money hereunder shall be made upon any party hereto or their solicitors and money may be tendered by negotiable cheque from a Canadian chartered bank or trust company. 13. Time shall be of the essence hereof. 14. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafter this section called a "notice ") to any party shall be in writing and shall be sufficiently given if delivered personally, or if sent III Agreement of Purchase and Sale - 4 - by 'p. t registered mail or if transmitted by or other form of o d d communication tested prior to transmission to each party: (a) In the case of the City at: 15 Market Square P. O. Box 1971 Saint John, New Brunswick E21, 4Ll Facsimile Number: 506 -674 -4214 Attention: Common Clerk (b) In the case of the Company at: 1190 Fairville Boulevard Saint John, New Brunswick E2M 5T7 Facsimile Number: Attention: John P. Rocca or at such other address as the party to whom such notice is to be given shall have last notified the party giving the same notice in the manner provided in this section. Any notice delivered to the party to whom it is addrei sled as hereinbefore provided shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day then the notice shall be deemed to have been given and received on the first - business day next following such day. Any notice mailed as aforesaid shall be deemed to have been given and received on the third business day following the date of its mailing. Any notice transmitted by facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. 15. The Company shall have the right to assign this Agreement and any of its rights or obligations hereunder to an affiliated entity. Subject thereto, neither this Agreement nor any rights or obligations hereunder shall be assignable by any party hereto without the prior written consent of the other party hereto. This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators and successors and permitted assigns. 16. The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to consummate the transaction contemplated hereby, and each party shall provide such further documents or instruments required by any other party as may be reasonably necessary or desirable to effect the purpose of this Agreement and carry out its provisions. 17. If any covenant or provision of this Agreement is prohibited in whole or in part, such covenant or provision shall, be ineffective to the extent of such prohibition without invalidating the remaining covenants and provisions hereof and shall be deemed to be severed from this Agreement to the extent of such prohibition. ffill Agreement of Purchase and Sale -5- 18. Except as specifically set forth or referred to herein, nothing herein, express or implied, is intended or shall be construed to confer upon or to give any person, other than the parties and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. 19. This Agreement may not be amended or modified in any respect, except by written instrument executed by all of the parties hereto. 20. This Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. The parties agree that the courts of New Brunswick shall have jurisdiction to entertain any action or other legal proceedings based upon any provision of this Agreement and each party does hereby attorn and irrevocably submit to the exclusive jurisdiction of the courts of New Brunswick. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED & DELIVERED) In the presence of: } } 3 } } } } } } 102 THE CITY OF SAINT JOHN i N.M. McFarlane, ayor Common Clerk Common Council Resolution: April 23, 2007. Amended December Okr , 2007. ELLERDALE PROPERTIES LTD. Per: John P/. WcVa, President C f!] ash' 4d ' 4 xx�a�Rx�� a�'.R Z�: 9 t 'aap a S� c �t y5 5 : B :'�aS �cpa' chi — n.'i :.� 9'9 ^° R ^.. � •paw c Ls 4 Prva6 ■i O "�is $� ➢ IM -01 x 5 .IS'aS7Si'1� ?1'�S�:�S�3�n' y ** YYYY YYy " U w 0,.5+(� � 3 H p t 4F s s., C 9 NM1NNN NNW NNNNNe wnnNnp ^ V) _ OS o ntr S Jou .•Fd �4 m winP�w ` O pa 9EOU � � s _ V NUl �•� y i e i ) j � � 5N 5°G • / 8 °l °n 1 le u ,6I r b a 1 m street na. WS��1pY'i1 io � �� » t�.•A 76pg 0!• - Q(,rlce t.eN °"..1 t6+"M"l t+" r y0.o+ lbw Ra°M+b a� Cn -N ,Yr �`y1At •R �" P d `a r 565 r 2.534 ii wrx wq �I J 0 a Q ---p5 —li t "u,wl . W w• m r,o v,511 w Street 5r W ater�h -„�.l —. f• � 6:d6W °lk 1• - 1• � � lnl .l°hn Y Terminal a °iaM :.�e Sa Pu96161Y -� ,ncN W'ent`na(,` Sage °peTC.ri` � d W °mot } ecer91ne , cna N a° 'S`c io ee ire Ll" rotaoi . e Y 1��scri9t�°n of Ps °Pa. Nrv.9 5 ° ° 8�SR�R38 a 'I t "A P 6rr-e1 1 i .46 m a "23 saV a ijt II ®i�i�oosaf (jiror.i 0 June 10, 2009. The Common Council of Saint John, Your Worship and Councillors. The silence with respect to the 2002 resolution has been broken. Unfortunately it was difficult to know what the City Solicitor was saying about Part 3 of the resolution. We are still waiting for the code to be cracked and to learn how the intricacies of Part 3 are connected to Part 2. However, there seems to be no doubt after the comments of the City Solicitor that the expenditure of funds is intended to be classified as pension. The resolution labels the benefit as a "supplemental pension. " The City Manager has publicly referred to it as pension. And the City Solicitor has confirmed that the action of Council was "to provide enhanced or supplemental pension arrangements to the City Manager. " As for the legal position, the City Solicitor has given an unsubstantiated opinion with respect to the Council's 2002 resolution and stated, among other things, "I don't believe there is anything in the statute law or the common law that precludes the City from undertaking an enhanced pension arrangement. '* The end result of "an enhanced pension arrangement" is not nary concern. The issue is with the means used to accomplish that result. The relevancy of the statute law pertaining to a statutory corporation including a Municipal Corporation, is the requirement to look to the statute for the powers to carry out its services, meet its objectives and fulfill its purposes. In New Brunswick, Municipalities are governed by the Municipalities Act. While section 162 of the Municipalities Act makes provision for a Municipal Pension Plan to be adopted by By- Law, the statute appears to be designed to regulate and control a group of employees through contributions and other normal pension rules that are standard for pension plans. The pension benefit to the City Manager and/or position that is anticipated in the 2002 . resolution is not part of any plan but is a supplemental pension with the funding "to be borne by the City of Saint John as opposed to the pension fund." The fact that the funding is not from the Pension Plan but instead from the City's general revenue is of no consequence as to determining the statutory authority to create the supplemental pension. A supplemental pension to a Municipal employee outside of any By -Law adopted for a general plan is not provided for in the Municipalities Act. Nor am I aware of any other statutory law in New Brunswick that specifically gives this power to the Municipality. As to the common law, if the City Solicitor is referring to the development of the law from the judgments of the Courts, I fail to see what support there is for the 2002 resolution from the fact that no Court cases have been found to "preclude the City from undertaking an enhanced pension arrangement." What has been found is that there has been a custom in New Brunswick for Municipalities to seek legislative authority to pay individual superannuation or retiring allowances to municipal employees. 104 While the custom does not go back to antiquity to form part of the common lama, it has been very customary in New Brunswick for Municipalities to seek legislation for the authority to pay pension benefits to individual employees, whether funded from a regular Pension Plan or funded from the general revenue. This custom is a strong indication that Municipalities, including Saint John with its Royal Charter power, have not recognized or attempted to rely on any implied or inherent power for granting enhanced pension benefits by mere resolution. The custom spans fifty years starting in the 1920s. In 1922, the Common Council of the City of Saint John petitioned the legislature for an Act to provide "an annuity or superannuation allowance to Herbert Edmund Wardroper, Common Clerk of the City of Saint John. "' Mr. Wardroper at that time had forty-four years services with the City. With respect to funding, the Act stated; "The said City of Saint John is hereby authorized and empowered to assess the said amount annually upon the inhabitants of the said City at the time of making its annual assessment for other civic purposes and collect the same in the like manner that other rates and taxes are assessed and collected, or the said City may pay the carne from the general revenue of the said City in the discretion of the Common Council." In 1932 a general superannuation scheme was adopted by the Council for all employees, and in 1933 Council passed a resolution stating that George Baxter, Police department,. and Robert Allan, fire department, who were retired before the Civic Employees' Superannuation Scheme came into effect, be brought under the said superannuation scheme, dating from 1s' January 1933, and paid the respective amounts due them under section 12 of the said Superannuation Scheme. This Superannuation Scheme continued until 1947 when the Council petitioned the legislature for the City's Pension Act. Irn 1944, the Municipality of the County and City of Saint John obtained legislation to pay a retiring allowance to a long serving employee with specific authorization to the Treasurer "to pay out of the contingent fund." In the 1940s and 1950s and into the 1960s, the City of Edmundston, the City of Fredericton and the City of Moncton obtained legislation for retiring allowances for long serving individual employees with funding specifically authorized from ,general revenue. In 1972 the City attempted to obtain legislative authority to pay a supplement pension to a former City Manager. Pension benefits and authorizing legislation seem to go together, and there are obvious public policy reasons for that openness and public awareness. The 2002 resolution is not part of a Plan, and not falling under the New Brunswick Pensions Benefits Act, there are no rules, guidelines, oversight or normal pension controls. Referring to the benefits under the resolution as enhanced does not alter the reality of what the Council adopted: namely, a supplemental pension with a mixed -up wording about retirement age and unclear references to an application patterned after the City's Pension Act. 105 Council's refusal to come to terms with the unclear and ambiguous resolution is indicative of the failure of Council and senior appointed officials to distinguish between means and ends. With an apparent view that expediency and pragmatism should be the driving force for Council action, you have come to believe that the end justifies the means. But that is not true, and in government action, for obvious reasons, the means should be as noble as the end. If Parts 2 and 3 of the resolution are not rescinded and those Parts are left to represent the law as supported by the City Solicitor, it will undoubtedly be the legal precedent for the City, and the precedent for fixture use to get around the maximum provision of the Pension Act or for some relief from that restriction. Therefore, with the legal position unsubstantiated and the existing doubt about the validity of the resolution, consideration will have to be given to taking whatever steps are necessary to have a Court determine the legal position of the City's authority to grant pension benefits in the manner of the 2002 resolution. These steps will be taken because of the concern about the means used, not because of the end result. It is a concern about the City's authority, and the right use of power, and under the circumstances as revealed by the action of former Councils in New Brunswick in dealing with a similar matter, the doubt about the legality of the resolution should be resolved in favor of the citizens for openness, transparency, clarity, and public debate. Yours truly, Source verified Prank Rodgers, Cc: The Telegraph- Journal FairTaxesFirst ie M & C 2009 - 163 June 5, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2009 -14: ASPHALT CONCRETE RESURFACING - 2009 BACKGROUND The 01yof Safia John. The 2009 General Fund Operating Budget for Municipal Operations & Engineering and the General Fund Transportation Capital Program include a provision for the resurfacing or paving of a number of streets in the City. This is an annual program to upgrade and maintain street surfaces under the maintenance and capital programs. This contract includes all work associated with the resurfacing of a total of 19 streets or segments of streets. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 13,538 tonnes of mix type "D" asphalt concrete and 112,433 m of asphalt cold milling, along with the adjusting and rebuilding of existing catch basins and manholes. Also included in this contract is the installation of approximately 3040 lineal meters of concrete curb and 1600 lineal meters of 1.5 metre wide sidewalk. TENDER RESULTS Tenders closed on June 3, 2009, with the following results: 1. Debly Enterprises Ltd., Saint John, N.B. $ 2,966,679.63 2. Classic Constriction Ltd., Saint John, N.B. $ 3,111,648.12 3. NRB Constriction Ltd., Saint John, N.B. $ 3 275 051.60 The Engineer's estimate for the work was $3,320,114.02 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 107 M & C 2009 -163 June 5, 2009 Page 2 FINANCIAL IMPLICATIONS This contract involves work that is to be charged to various operating and capital budgets. Assuming award of this contract to the low tenderer, an analysis has been completed which concludes that a total amount of $2,717,518.00 was provided in the various budgets and the projected completion cost of the projects included in this contract is estimated to be $2,763,701.95, including the City's eligible H. ST. rebate — a $316,075.12 negative difference in the General Fund Transportation Capital Program and a $269,891.18 positive difference in the General Fund Operating Budget. $203,356.76 of the $316,075.12 shortfall in the General Fund Transportation Capital Budget can be attributed to the resurfacing of Samuel Davis Drive. This project was included as part of the City's request under the Provincially Designated Highways Grant Program where the Province of New Brunswick was requested to provide fiinding in the amount of $185,000 for cost sharing in the rehabilitation of this street. The City received written notice earlier in the year from the Province of New Brunswick that the fiends for this project would not be made available in 2009. City staff determined that the resurfacing of this street could not be delayed any longer and a decision was made to include Samuel Davis Drive as part of this contract in order to preserve the street surface and ensure that this street does not fi rther deteriorate to a state requiring fill reconstruction. The City will submit the costs for resurfacing of this street to the Province of New Brunswick requesting consideration for cost sharing should the Province have funding available at the end of the year under the current program or perhaps under the 2010 program. The $203,356.76 amount will be allocated against the 2009 General Fund Operating Budget pending possible reimbursement by the Province which will reduce the negative difference under the General Fund Transportation Capital Program to $112,71836 which can be managed within the overall General Fund Capital Program envelope. 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. RECOMMENDATION It is recommended that Contract No. 2009 -14: Asphalt Concrete Resurfacing - 2009, be awarded to the low tenderer, Debly Enterprises Ltd., at the tendered price of $2,966,679.63 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfi lly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Wo Terrence L. Totten, F.C.A. City Manager X City of Saint John Contract No.: Project Manager: Engineer: Project Description: Technicians: Council's Approval to award contract: Date M & C approved Contractor's Name: Contractor's H.S.T. Number: Advertisement sent upstairs 1 wk prior to insertion in newspaper When Tender Closes: When Tender Awarded: Number of Days in Contract: Contract to be Completed By: City of Saint John Transportation Department 2009 -14 Rod Mahaney Asphalt Concrete Resurfacing 2009 Rodney Mahaney Who won bid? Important Dates ITI• if e O N O) U w Gl v U O U Q Q 1' Y Y 1' Y O O O O O '.. N (6. (6 N N Gl U U U U U U U U U U O U 0 O U H O U H O U H O U 0 '.. '.. O U N O F N � N U C U 00 N � N O N N N N cu cq d E U` t 0 d �° cu d d N fn t -C N N. O. W (n U T. � d c O W >�. W O (6 'O 3 N — O E N.. > N (6 N N N w — 'O. (6 01 U — U N. N: C. (6 (6 (6 N t O . 7 N O LL - > � 20 N p N O. N > N > O E . N E (� O U N O N. O N U U) N O ',.. N N U 0 m w 2 w d . U m ¢ fA (7 v N N O U O O tf > O fn E C 7 3 U > d d E N N O U t U, N N pt fn fn CY) O O 0 0) a) .0 -C c ? > , C IJ U E 0) 0 6 w ( a u � 44 Ln N N A O I �2 Saint John 225 or a JA Introduction In 20|8 the City ofSaint John will mark its 225m anniversary as Canada's first incorporated city. This historic event provides uu with the opportunity to celebrate our broader heritage, From the First Nations through the French, British, Loyalists, Irish and successive waves of immigrants, many people have left their mark on the Saint John region. Saint John %%5: The Original Ale originale vvU),eflec that diversity with o program ofevents that celebrates the creativity o[the people who have lived in Saint John. Our title - Saint John 225: The Original City/La ville ori iuole-bomtbneemueaoioQu`caohrcpreoen1iog an important aspect o[ Saint John. l. It reflects Saint John's historic roots as the first incorporated city in Canada; 2. It affirms the City's role as the originator of a number of Canadian movements, organizations and entities; and . 3. It highlights tbo1 spark of creativity that ignites artists and performers to express themselves with works of great originality. The Saint John 225 Program The Saint John 325 program was designed by the Saint John Community Arts Board and adopted by Saint John Common Council in September Z005.l{omuoiotnofoizuore programs and four supporting programs. Our primary Qpolingoucxateparticipudoniuourcity`ourtx,uu|tureuudhmhtugcpru@ranm».8aintJohu2Z5 iu grassroots — we're heading out into our neighbourhoods tnget Saint ]nhnom excited about life here in Saint John. The heart n{ our program is The Original City Social History Project. We are going to create u bvbos heritage museum online. We will invite people to submit stories, memories and insight related 1othe history of the Saint John region, aUofvvbiobv/iUbepntoodi^p}aytbn/nuhanbzUenactivcmodmeorcbub|u vvebvde. Submissions may ho via the written word, pictures, audio oc video. To compliment the public submissions, 3uio< John 225 will include o general history of the region and vvcwill recruit volunteers to go out into the community and record the stories of our seniors. We are giving 8ubtJoboero u platform tn tell their stories. The Original CbySouioJEDm1oryP rojoutvvill1eD[he stories of individuals and groups that lived, struggled and succeeded in the region. It will be fully accessible by anyone who wants to learn about Saint Jolm and we will actively encourage our local schools and community groups to use itand participate io its creation. This isa legacy project uoduttbcendof2Ol8bwi)l find u permanent home with o research facility where it will continue to grow and be used by students of history, regardless of age. We're also reaching out to children and families through n program called Where's Art? vnbbzb features Saint John`m225mumuot—u guy called Art. Where's Art? iou neighbourhood-based celebration ofthe unexpected. We will arrange for arts and cultural performances in non-traditional spaces such as public buildings, industrial and commercial zones, uchnn|a. shopping malls, super-markets, bomphu|u, seniors' homes, public parks etc. The perfboomouus and artistic displays will promote the activities and upcoming ovumtn of local arts and cultural groups and will feature an appearance by Art. Saint Jnbu rcwidooLo and visitors will hr encouraged {o watch out for Azt because wherever be is, creativity and originality vvil|hc close at hand. He's a cultural explorer, eager to discover, learn and experience cultural and artistic expression io all its forms and he is o)vvnyu eager to invite others 0o join him. Attached you will fiuduo outline of our core programs. You will also find the organizational cbortfhrdbe Saint John 225 committee. We came together in January to begin planning the Saint John 225 program, Draft: Friday, June 12, 2009 114 Saint John 225 The Original City /La ville originale Saint John 225 will be the premier event in Saint John in 2010. It will: • Increase regional tourism and package Saint John as the gateway to New Brunswick in 2010. It will be a primary focus for the City's 2010 tourism agenda, capitalizing on current trends that highlight cultural celebrations, social history and family- focused activities; • Increase participation in arts, culture and heritage, particularly among children and families. • Encourage community pride in our shared story and enthusiasm in the City; • Increase employment opportunities for cultural sector workers; and, Cultural Capitals of Canada Program To help fund Saint John 225, the City of Saint John applied, in December 2007, for a $750,0000 grant from the federal government's Cultural Capitals of Canada program. It will cover up to half the total cost of the full Saint John 225 program. The attached application details the program. We have recently been informed that the federal government will not announce the recipients of the Cultural Capitals of Canada funding until October 2009. This is simply too late to begin planning a year- long program that is supposed to begin on January 1. In particular it is too late to go looking for other sponsors, such as the provincial government and corporations. If we are going to find sponsors for Saint John 225, we need to be out asking right now. In December 2007 Common Council approved $225,000 contingent on receiving the Cultural Capitals of Canada program. Tonight 1 am seeking your approval to provide the balance of the funding, $150,000, without it being contingent on federal funding. This will do two important things. First it will allow us to begin to organize the events and pay our bills. Second, and more importantly, with a confirmed commitment from the City, we will be able to attract other sponsors such as the provincial government and corporations. I have two other requests. I ask that you approve /endorse the Saint John 225 Committee as Council's Committee to organize and promote the City's 225th Anniversary, and 1 request that Council allow us to return in October 2009 to update you on our activities. On behalf of the Saint John 225 committee, may I say we're really excited about what we've got planned and we thank you for your support. Draft Friday, June 12, 2009 115 �2 O co U) cu 4— 0 U) W 0 M cr) C) 0 C) M C: Lr) (D cu =3 �2 N ti rn L ° o0 U) U) a� o o as CL C6 O � �- .. o CL > a �o ° a� (D 4-j C/) C: cn _r_ -C 4) � o �, o (1) .L U C =3 Co (1} 0 Cu Q) > ❑ o ❑ w III I rn o 4-0 _ 0 cn 0, 0 cn W Q Q co w rn V] O O PLO H cn U a] A v 65 ti U � O � O � G4 � 3 a� o Z U 0] � C4 U Ln 0 N 1 N O IC o o OOo N w O Q Oo 04 ti Q Q� C $-4 Cd 9 ;-4 O Cd bg H cn U a] A v 65 ti U � O � O � G4 � 3 a� o Z U 0] � C4 U Ln 0 C� O 0. 7D m O U a� O U O cn r -W r A 0 L U !E O �1 .• . _ � U O C: V .' CU O 0. " cn ca. cm c: C: O C� O cb ._ aD C: �o cn '0 0 � x o 4-0 C: 0 0 C: C: C: O O V X 0 a� c: IN U a .Q x m 4-0 a� 4— Ca U I� �C a� 0 L O O U L.L CP O a� .0 O O 0 L 0 cn O a� cn O cn VJ �L C� O 0. 7D m O U a� O U O cn r -W r A 0 L U !E O �1 .• . _ � U O C: V .' CU O 0. " cn ca. cm c: C: O C� O cb ._ aD C: �o cn '0 0 � x o 4-0 C: 0 0 C: C: C: O O V X 0 a� c: IN U a .Q x m 4-0 a� 4— Ca U I� �C a� 0 L O O U L.L Liz N N U 4t 4� M .E h� 0 lop, ap-1 OIN `O r---1 U � 0 0 ti o o o o . .,-4 Cd • E P-4 --4 . 4 4 �s xi w IND � N � � 46S r- r 'cd o rws 4�oq s4l� �. cd ,� . ,-- . ,. bA Cd in, cd Cd Q a � U °.� Off•^ ��, cdZv� � 0 C% N _W U x .- m O � � L O co CL (1) O O a� O L N C a� V O L. O U) O L O x m A--+ c O C� .(n -U X Cu U O O U O -- 4-5 X c O }' Ile L V C� Cu C: c: U cm O o aE X ca. CU O O O � :3 O 0 Ln O O E O � O � x o L 0 c C: O � O -0 L.- � O o c: cu 0 (n C: V O •- 70 � C: O ci c L co :3 .0 C: O cm .— O Q - - to tJ� C -"-o U � U C: ,V C: _O L x O E W U O� _W U x .- m O � � L O co CL (1) O O a� O L N C a� V O L. O U) O L O x m A--+ c O C� .(n -U X Cu U O O U O -- 4-5 X c O }' Ile L V C� Cu C: c: U cm O o aE X ca. CU O O O � :3 O 0 Ln Options for Financing Services and Infrastructure in the City of Saint John A Report prepared for the City of Saint John by Harry Kitchen Trent University and Enid Slack University of Toronto February 2009 126 Options for Financing Services and Infrastructure in the City of Saint John This report was commissioned by the City of Saint John to address two major concerns about city finances. The first concern is that the city relies too heavily on the property tax to pay for operating expenditures. The second concern is that the city needs to finance infrastructure, not only to address the current infrastructure deficit but also to pay for the infrastructure that will be required to meet the projected growth for the city. This report describes and evaluates a series of financing tools that could be used to pay for operating and capital expenditures. Many of suggestions in this report will require the province to make changes to the city charter. Nevertheless, it is important to consider a range of options that will improve the local tax and finance system. It should be noted at the outset that this report only considers changes to municipal revenues that could be substituted for municipal property taxes. These changes should not be interpreted as a call for higher taxes and user fees overall. Rather, they are meant to design a revenue system that is based on correctly taxing and pricing municipal services. If these changes were implemented, the City of Saint John could move towards a more efficient, accountable, transparent, and equitable local finance system. This report does not consider expenditure issues, in particular how to reduce expenditures in the City of Saint John. To determine which expenditures could be reduced requires a major study with many components such as an organizational review, an evaluation of the way in which services are delivered, and an understanding of the extent to which services are valued by taxpayers. Moreover, this report does not consider whether property taxes are too high in Saint John because there is no unequivocal and generally accepted benchmark that measures how high those taxes should be or could be. The level of taxes depends on the quantity and quality of local services in the municipality and the size of the tax base. Nevertheless, the report does compare property taxes in Saint John 127 with property taxes in other New Brunswick municipalities and makes suggestions for reducing the pressure on the municipal property tax base. The outline of the report is as follows: • The first section provides some background information on the economic characteristics of the City of Saint John and the Saint John census metropolitan area (CMA) and it compares the city's finances with those of Fredericton and Moncton. • The second section sets out the principles of municipal finance and the characteristics of a good local tax. • The third section describes and evaluates current revenue tools (property taxes and user fees). • The fourth section discusses potential new financing tools (income tax, general consumption tax, hotel and motel occupancy tax, fuel tax, land transfer tax, tax on non - residential parking spaces, vehicle registration fees, development charges, value capture levies, and tax increment financing). • The fifth section provides estimates of the potential revenue that could be collected in the City of Saint John and the Saint John CMA for selected new taxes. 0 The sixth section evaluates the specific financial concerns of Saint John using the municipal public finance framework set out in the second section. • The seventh section provides some concluding comments. 0 128 1. Background Information The population of the City of Saint John in 2006 was 68,043, which represents more than half of the population of the CMA.' Table 1 compares some general information about the City of Saint John with the CMA for Saint John and the Province of New Brunswick. This comparison suggests that, although Saint John has just over 9 percent of the population of the province compared to almost 17 percent for the CMA, its share of after - tax income is only 9 percent compared to almost 20 percent for the CMA. Average incomes are almost 16 percent higher in the CMA than in the city. Economic activity, as measured by gross domestic product (GDP), is 9 percent of provincial GDP in Saint John compared to 19 percent for the CMA. Table 2 compares selected city revenue and expenditure information for the three major cities in New Brunswick — Saint John, Fredericton, and Moncton. Of the three cities, Saint John has the largest population but the smallest tax base per capita. It also has the highest expenditures (budget) per capita and levies the highest tax rate of the three cities. Higher tax rates in Saint John reflect a relatively smaller tax base and relatively greater expenditures. Table 3 provides a breakdown of municipal expenditures for each of the three cities by category of expenditure. It shows expenditures per capita and the distribution of expenditures by function. The largest categories of expenditure in all three cities are transportation, general government, police, fire protection, and fiscal services (debt costs and transfers). Within these categories, expenditures on general government are considerably higher in Fredericton than in the other two cities. Expenditures per capita are higher in Saint John for most categories but the differential is particularly large for fire protection, police, transportation, emergency measures, and environmental development. ' The CMA includes the City of Saint John, Rothesay, Grand Bay/Westfield, and Quispwnsis, 3 129 Table 1: General Information 130 Saint John Saint John New City CMA Brunswick Population — 20061 68,043 122,389 729,997 Number of private dwellings — 20061 29,310 53,583 295,871 Average household income before tax — 2005 dollarsl $52,950 $61,234 $55,010 Average household income after tax (disposable income) — 2005 dollars' $43,640 $50,468 $46,342 Estimated total after tax income $1 ,279 $2,704 $13,711 (disposable income) — 2005 dollars million million million Estimated gross domestic product in $2,369 $4,929 $26,410 20073 dollars million million million Estimated total after tax income $1,396 $2,952 $14,970 (disposable income) — 2007 dollars million million million 1 Data were obtained from Statistics Canada, 2006 Census — community profiles and income statistics. 2 An estimate of total after tax or disposable income for Saint John City, Saint John CMA, and New Brunswick was obtained by multiplying the 2005 average household income after tax by the number of private dwellings in each city /region. After tax income equals before tax income minus personal income taxes payable. 3 Gross domestic product (GDP) for New Brunswick was obtained from Statistics Canada. Saint John City and CMA GDP was estimated in three steps. First, GDP per capita for NB was obtained by dividing the GDP for NB by the 2006 population. Second, GDP per capita for the City and CMA was estimated by adjusting GDP per capita for NB by the same proportionate differential as existed for before tax income for households. Third, total GDP for the City and CMA was estimated by multiplying the GDP per capita for the City and CMA by their respective populations. 4 2007 total after tax or disposable income was estimated by increasing 2005 total after tax or disposable income by the same proportionate increase as existed for the increase in the provincial GDP. 130 Table 2: Selected Revenue and Expenditure Information - Saint John, Fredericton and Moncton, 2008 Note: Fiscal capacity is the ratio of the tax base per capita in the municipality to the average tax base per capita for all three cities. Source: New Brunswick, Annual Report of Municipal Statistics, 2008 Table 3: Municipal Expenditures- Saint John, Fredericton and Moncton, 2008 Saint John Fredericton Moncton Population 2006 (4) 68,043 50,535 64,128 Tax base per capita ($) 74,226 96,732 80,594 Fiscal capacity 0.90 1.17 0.97 Average tax rate 1.7950 1.4176 1.6525 Budget per capita {$) 1,751 1 1,631 1 1,677 Note: Fiscal capacity is the ratio of the tax base per capita in the municipality to the average tax base per capita for all three cities. Source: New Brunswick, Annual Report of Municipal Statistics, 2008 Table 3: Municipal Expenditures- Saint John, Fredericton and Moncton, 2008 Source: New Brunswick, Annual Report of Municipal Statistics, 2008 Table 4 provides a breakdown of municipal revenues for each of the three cities. In all cases, property taxes (the warrant) are the largest source of revenue ranging from 76 percent of total revenue in Saint John to 83 percent of total revenue in Fredericton. Saint John receives a Iarger unconditional transfer than the other two cities (reflecting its lower fiscal capacity as shown in Table 2). User fees account for only 2 percent of revenues in Saint John compared to 5 percent of revenues of Fredericton and 6 percent in Moncton. 5 131 Saint John Fredericton Moncton $ per % $ per % $ per % capita capita capita General government 186 10.6 381 23.3 203 12.1 Police 295 16.8 242 14.8 273 16.3 Fire protection 286 16.3 169 10.3 173 10.3 Water cost transfer 28 1.6 20 1.2 34 2.0 Emergency measure 34 1.9 0 0.0 0 0.0 Other protection services 25 1.4 13 0.8 23 1.4 Transportation 345 19.7 237 14.5 358 21.3 Environmental health 53 3.0 41 2.5 43 2.6 Public health 0 0.0 1 0.0 0 0.0 Environmental development 146 8.3 109 6.7 68 4.0 Recreation and culture 115 6.6 91 5.6 229 13.7 Fiscal services 239 13.7 329 20.1 279 16.3 Total expenditures 1,751 100.0 1,631 100.0 1,677 100.0 Source: New Brunswick, Annual Report of Municipal Statistics, 2008 Table 4 provides a breakdown of municipal revenues for each of the three cities. In all cases, property taxes (the warrant) are the largest source of revenue ranging from 76 percent of total revenue in Saint John to 83 percent of total revenue in Fredericton. Saint John receives a Iarger unconditional transfer than the other two cities (reflecting its lower fiscal capacity as shown in Table 2). User fees account for only 2 percent of revenues in Saint John compared to 5 percent of revenues of Fredericton and 6 percent in Moncton. 5 131 Table 4; Municipal Revenues — Saint John, Fredericton and Moncton, 2007 Source: New Brunswick, Annual Report of Municipal Statistics, 2008 Table 5 compares sources of municipal revenue by province in Canada for 2007.' A look at the main sources of municipal revenue shows the following: property taxes account for 56 percent of municipal revenues in New Brunswick and the range is from 33.5 percent of total municipal revenues in Alberta to of 66 percent in Nova Scotia. User fees (sales of goods and services) account for 26 percent of municipal revenues in New Brunswick and range from 17 percent in Quebec to 31 percent in BC. Provincial and federal transfers range from under 7 percent in BC to almost 24 percent in Newfoundland and Labrador, Manitoba, and Ontario. Transfers account for almost 16 percent of municipal revenues in New Brunswick. ' The only comparable data available is for all municipal governments aggregated by province. Statistics Canada does not provide information on municipal revenues and expenditures for individual cities. 0 132 Saint John Fredericton Moncton $ per % $ per % $ per % capita ca ita capita Property taxes (warrant) 1,332 76.0 1,354 83.0 1,332 79.4 Unconditional transfer 287 16.4 115 7.1 181 10.8 Services to other governments 9 0.5 16 1.0 15 0.9 Sales of services 42 2.4 84 5.2 105 6.3 Other own- source revenues 43 2.5 53 3.3 35 2.1 Conditional transfers 0 0.0 4 0.2 0 0.0 Other transfers 22 1.3 1 0.0 3 0.2 2005 Surplus I6 0.9 5 0.3 7 0.4 Total revenues 1,751 100.0 1,631 100.0 1,677 100.0 Source: New Brunswick, Annual Report of Municipal Statistics, 2008 Table 5 compares sources of municipal revenue by province in Canada for 2007.' A look at the main sources of municipal revenue shows the following: property taxes account for 56 percent of municipal revenues in New Brunswick and the range is from 33.5 percent of total municipal revenues in Alberta to of 66 percent in Nova Scotia. User fees (sales of goods and services) account for 26 percent of municipal revenues in New Brunswick and range from 17 percent in Quebec to 31 percent in BC. Provincial and federal transfers range from under 7 percent in BC to almost 24 percent in Newfoundland and Labrador, Manitoba, and Ontario. Transfers account for almost 16 percent of municipal revenues in New Brunswick. ' The only comparable data available is for all municipal governments aggregated by province. Statistics Canada does not provide information on municipal revenues and expenditures for individual cities. 0 132 m ►] a I G a d U U CyV � m M. cd G U a .a y b � G � U G � CD E r G cV � 0. cd fli � u C (d � R o a Vl G bo ® Xi N O � � O R„ M En b U U � V "O d U rn co U co �y U G +� Cd ai ai 0 0 p Z Z ch rl- Ch m \0 v5 O" d N N m kn N 12, \G It 00 O zN m ,--i ,--i C7 Q V N d P� M — �G V' . M �D r-^ lU d . W1 W1 d O O d N -• t+ O M N O M %D d u d M T d U'1 �O O V O O -• ei M v°i 00 V'7 m C N O m —O W)i D NknM —N C) CD Rnt- d Cq M N — °a ^ ^ o Q d�N doc m-- •0rC�v'tO\® 00 CA O �O N O d to O O M et et %C N 1.0 V] CD e7 N 00 - O U3 - -O —Nei• —\JD N V C-N cn O �ddd — V'1 "J' O ^- O O O e1' t' m cr 00 n M IL O . �m . . . 00m . O z m 00 O N CS O m -d d° oO O tl° — w1 d d 0ONOOOOCl- NWn NONLrt O � to ^ CO •--• •--• d d pq Q Q ®® Q Q Q 0 r W) WM z r ^ N d e9' i`• N O V°1 — ei• W � ei' �D -� d %D O M— d 0 d m N O N N— M N d ON d z — dC� ®C7 C7— —� ^ mac! �. 0 0 6 6 6 N d— N B C® dG Q Wj y En � U Gn U Ld it U xx G E V N CC i to U y o g o o G w a S CL7a a c1 cd y9 }a. m ►] a I G a d U U CyV � m M. cd G U a .a y b � G � U G � CD E r G cV � 0. cd fli � u C (d � R o a Vl G bo ® Xi N O � � O R„ M En b U U � V "O d U rn co U co �y U G +� Cd ai ai 0 0 p Z Z ch rl- Ch 2. Principles of Municipal Finance In terms of economic theory, the major role assigned to local governments within a federal system is to provide goods and services within a particular geographic area to residents who are willing to pay for them.3 Moreover, the sudsidiarity principle states that the efficient provision of public services requires decision making to be carried out by the level of government closest to the individual citizen (Barnett, 1997). For most services, this means that municipalities are in the best position to determine local priorities and to make decisions about what services to provide, how much to provide, and how to pay for them. Given this role for local government, the benefit model of local government finance is appropriate (Bird, 1993). Simply stated, those who benefit from local public services or infrastructure should pay for them (Tassonyi, 1997; Duff, 2003). The extent to which municipalities will be able to apply the benefits- received principle, however, depends on the nature and characteri stics of the services they provide. Services with Private Good Characteristics For services with private good characteristics (such as water, sewers, garbage collection and disposal, transit, and recreation), user fees are appropriate to fund at least some portion of the costs. In general, user fees are appropriate where there is a clear relationship between the fees charged and the benefits received, the taxpayer has the choice about the extent to which he or she uses the service, it is possible to collect the charge at a reasonable cost, and equity concerns can be addressed (for example by lowering or waiving fees for low - income users). User fees can play an important role in ' According to the public finance literature, local government should not do stabilization policy because they do not have access to monetary policy and because capital and labour flow freely across local jurisdictions. They should also not engage in redistribution because local efforts to address income disparities will likely result in the movement of high- income groups to low -tax areas and low - income groups to high -tax areas (Kneebone and McKenzie, 2003). Although local governments do engage in some redistribution through the act of taxing and spending, redistribution should not be the primary focus of what they do (Bird and Slack, 1993). 8 134 municipal finance by ensuring that governments do what people want and are willing to pay for. Services with Public Good Characteristics Services with public good characteristics (for example, police and fire protection, neighbourhood parks, local streets, and street lighting) have collective benefits that are enjoyed by local residents but which cannot easily be assigned to individual beneficiaries These services are more difficult to charge for and require some form of local benefit - based taxation such as the property tax. The property tax allows individuals to express their demand for services where benefits are consumed collectively. In this respect, the property tax can be considered to be a generalized, or non- specific, user charge (Kneebone and McKenzie, 2003). Services with Spillovers There are other services where the benefits (or costs) spill over municipal boundaries but where local provision is still desirable. Positive spillovers (externalities) occur if residents of neighbouring jurisdictions receive a service for free or at less than the cost of providing the service. For example, major roads constructed in one jurisdiction may be used by residents of another jurisdiction without any charge to them. The result will be an under - allocation of resources to that service because the municipality providing the service would base its expenditure decisions only on the benefits captured within its jurisdiction. It would not take account of the benefits to those outside the jurisdiction. One way to provide an incentive to the municipality to allocate more resources to the service generating the externality is a conditional, snatching transfer from the provincial government where the matching rate reflects the extent of the externality. Another way to address spillovers is to change municipal boundaries to include all of those who benefit from the service. Indeed, the Report of the Commissioner on the Future of Local Governance (the Finn Report) recognizes externalities in service provision and E 135 recommends the creation of twelve regional service districts and boards as well as a reduction in the number of municipalities in New Brunswick to fifty- three. Services that Redistribute Income Services that redistribute income should be paid for by senior levels of government because they have a wider range of taxes than local governments and they generally have taxes that are more closely related to ability to pay, such as income taxes. Although the primary role of local governments is to provide goods and services and not to redistribute income, many local governments do deliver services that are redistributive in nature (such as welfare assistance, health, and social housing). User fees and benefit -based taxes such as the property tax are not appropriate to fund these services. User fees defeat the purpose of redistribution and property taxes are more regressive than income taxes and thus are not appropriate for financing redistributive services. For these reasons, services that have a redistributive component should be funded from local income taxes or from federal and provincial revenues (which include income taxes). Public Finance Principles The following public finance principles are used to evaluate different revenue sources: • Economic (allocative) efficiency is achieved when the user fee or tax charged for the service equals the cost of providing that service. If the price or tax per unit is lower than the production and delivery cost, users will consume too much of the service and resources will be wasted or misallocated. If the price or tax per unit is higher than the cost of production, too little will be consumed and society will be worse off in the sense that too little of the service is consumed. • Equity or fairness within the benefits model is achieved because those who consume public services pay for them, just as someone who benefits from purchasing milk or a movie ticket pays for it. Fairness based on ability to pay 10 136 suggests that those with greater ability should pay more taxes. The ability -to -pay principle is Iess relevant for municipal governments because their primary responsibility is to deliver services that do not redistribute income, as noted earlier. Concerns about the tax burden on low- income individuals should be addressed through income transfers from the provincial or federal government and social assistance programs targeted to individuals in need. • Accountability means that taxes (charges) and expenditures should be designed in ways that are clear to taxpayers so that policyrnakers can be made accountable to the taxpayers for the services they deliver and the costs they incur. The closer the link between the beneficiaries of a government service and payment for that service, the greater is the degree of accountability. • Transparency is an extension of the accountability argument. Transparency is increased when citizens /taxpayers have access to information and decision - making forums so that the general public is familiar with the way in which local tax rates, charges and user fees are set. • Autonomy is best achieved when local governments are responsible for raising the revenue that they spend including responsibility for setting local tax rates. • Stability and predictability of revenues allows municipalities to budget and plan for future expenditures. • Ease of administration means that the time and resources devoted to administering the revenue tools is minimized. Characteristics of a Good Local Tax There are a number of characteristics that make for a good local tax. These characteristics were set out by (Bird, 2001b) and include the following: 11 137 • The tax base should be relatively immobile so that local governments can vary the tax rate without losing a significant portion of the tax base. The tax yield should be adequate to meet local needs, increase over time as expenditures grow, and be relatively stable and predictable. • The tax should not be one that is easy to export to non - residents. If taxes are exported to non - residents, then those who benefit from local services are not matched with those who are paying for them. • The tax base should be visible to ensure accountability. • Taxpayers should perceive the tax to be reasonably fair. The tax should be relatively easy to administer. Access to a Mix of Taxes Access to a mix of taxes would allow cities to levy taxes that achieve the full range of desirable characteristics. Moreover, a mix of taxes would also give cities more flexibility to respond to local conditions such as changes in the economy, evolving demographics and expenditure needs, changes in the political climate, and other factors. Sales and income (payroll) taxes, for example, are more effective than the property tax at linking the costs and benefits of services when people commute to work; that is, live in one jurisdiction and work in another jurisdiction.` Income and consumption -based taxes allow city governments to benefit from the prosperity in their cities during an economic boom. Property taxes, on the other hand, may be more appropriate than income and consumption -based taxes where there is a need for a stable revenue source. " U.S. evidence suggests that the cost of inner city services used by people who live in the suburbs and commute to work (in the city centre) exceeds, sometimes substantially, what they pay for inner city services (Chemick, 2002; and Chemick and Tkacheva, 2002). Local income and consumption -based taxes could be used to alleviate this disparity. 12 138 Furthermore, a single tax like the property tax is almost certain to create local distortions, some of which could be offset by other taxes. For example, the property tax may discourage investment in housing. The income tax, on the other hand, may encourage investment in owner - occupied housing because the imputed income of owner- occupied housing is not taxed. By having a number of different tax sources to rely on, there is the possibility that the distortions in one tax would be counteracted by the distortions in other taxes. Finally, to achieve administrative simplicity, any new tax should be piggybacked onto the provincial tax with the tax rate set locally; that is, city politicians should be responsible for setting local tax rates if accountability, efficiency and transparency is to be achieved. International experience tells us that the most responsible and accountable local governments are those who raise their own revenues and set their own tax rates (Bird, 2001 b; and Kitchen, 2003). Moreover, local tax rate setting provides predictability for municipal governments and gives them the flexibility to change rates in response to different circumstances. 3. Existing Municipal Taxes and Charges This section evaluates current revenue tools — property taxes and user fees — against the municipal finance criteria set out above. The use of these of revenue tools by Saint John is discussed in section 6 below. Property Tax The property tax meets the criteria for a good local tax better than any other tax. The tax base is largely immobile — property cannot move in response to a tax. Revenue is generally predictable and stable because it does not vary with the cyclical swings in economic activity as much as personal income and consumption based tax revenues. The residential property tax is unlikely to be exported to residents of other jurisdictions 13 139 (although the non - residential property tax may be exported to other jurisdictions through the price of products that are produced in one municipality and sold in another). The property tax is highly visible and fair to the extent that it pays for the benefits received from municipal services. A local property tax provides municipalities with local autonomy and flexibility. In nine Canadian provinces, however, the provincial government also levies a property tax (see Table 6). The original rationale for some provincial property taxation was to fund a portion of elementary and secondary schooling, but these funds are often not specifically dedicated to school expenditures. Provincial property taxes per capita are higher than municipal property taxes in PEI and they are also significant in New Brunswick. In both provinces, the provincial property tax is not specifically dedicated to education spending or any other service. Provincial property taxes in Newfoundland and Labrador are not dedicated to education either. In Alberta and BC, provincial property taxes are dedicated to education and are fairly significant when compared to municipal property taxes. Table 6: Breakdown of Property Taxes per Capita, 2007 * In Ontario and Nova Scotia, the province sets the tax rates for education and the municipalities collect the taxes and remit them to the school boards. In the FMS data, these education property taxes are included under school boards in Ontario and under municipalities in Nova Scotia. The Halifax Regional Municipality is permitted to levy a small additional property tax for schools. Sources: Statistics Canada. Table 385 -0024 - Local general government revenue and expenditures, current and capital accounts, CANSIM; Table 385 - 0009 -- School board revenue and expenditures, current and capital accounts, CANSIM; and Table 385 - 0002 -- Federal, provincial and territorial government revenue and expenditures, current and capital accounts, CANSIM. 14 140 Municipal Provincial School Board Total NL 525 6 0 531 PEI 392 483 0 875 NS 998 0* 0 998 NB 649 467 0 1,116 QC 1,026 0 159 1,186 ON 1,074 1* 522 1,597 MB 559 120 523 1,202 SK 691 1 815 1,508 AB 874 383 53 1,310 BC 678 416 0 1,094 CAN 935 1 1141 289 1 1,338 * In Ontario and Nova Scotia, the province sets the tax rates for education and the municipalities collect the taxes and remit them to the school boards. In the FMS data, these education property taxes are included under school boards in Ontario and under municipalities in Nova Scotia. The Halifax Regional Municipality is permitted to levy a small additional property tax for schools. Sources: Statistics Canada. Table 385 -0024 - Local general government revenue and expenditures, current and capital accounts, CANSIM; Table 385 - 0009 -- School board revenue and expenditures, current and capital accounts, CANSIM; and Table 385 - 0002 -- Federal, provincial and territorial government revenue and expenditures, current and capital accounts, CANSIM. 14 140 The Finn report recognizes the important role of the property tax for local autonomy and flexibility. It recommends that municipalities be given access to more revenues from a property tax room transfer from the province (using up to $1.50 of the non- owner- occupied residential and up to $0.75 of the non - residential tax rate in each municipality). It also suggests that each municipal entity determine how much of the tax room it would occupy in each category based on local needs and preferences. User Fees In most cities in Canada, user fees currently fund some or all of the costs of services such as water and sewers, public transit, solid waste collection and disposal, recreation, and parking garages. The City of Saint John currently funds all or part of these services from user fees with the exception of solid waste collection and disposal. Based on the public finance principles set out earlier, solid waste is an obvious candidate for user fees. The evidence shows that user fees would reduce garbage and improve fiscal and environmental sustainability (Kelleher, Robins and Dixie, 2005). User fees are ideal for funding local services where specific beneficiaries can be identified and non - payers can be excluded.' They may not be appropriate, however, for funding services such as local streets and roads because it is difficult or very costly to exclude someone from using them and where the additional cost of another person using the service is zero (Rosen et. al., 2003, chapter 4). User fees should also not be used for services that are primarily income redistributional in nature (social housing, for example). Opposition to user fees often arises because they are alleged to be regressive (that is, they absorb a higher percentage of lower income individuals' or households' income when compared with higher income individuals or households), but so is the price of milk and movie tickets. In some cases, user fees are resisted because cost data are not collected and recorded in a way that permits an estimation of marginal costs. This problem occurs with fixed costs or where there are joint costs with other services such as in assigning general ' It is interesting to note that, notwithstanding the importance of user fees for funding local services, the Finn report is silent on this topic. 15 141 government expenses to individual services. There is often political, and sometimes, administrative reluctance to alter user fee structures that have been around for a long time. It is critical to charge correct prices to achieve efficiency in service use and an optimal level of services and infrastructure. If prices are below the real cost per unit of services consumed, the service will be overused. Over- consumption, in turn, leads to demands for more infrastructure than can be justified on efficiency grounds. Overpricing, on the other hand, leads to under- consumption and under - building. In either case, people are not getting the level of service they desire. 4. Access to New Taxes for the City of Saint John This section considers possible new taxes for the City of Saint John to augment the property tax and user fees. Some of these taxes are levied by municipalities across Canada but some are not permitted by the provinces to be levied at the local level. Local access to a mix of taxes, as noted earlier, has a number of advantages. The Finn Report, however, rejects the notion of new municipal taxes in favour of a provincial- municipal revenue sharing arrangement for financing long term infrastructure and a property tax room transfer to municipalities. Notwithstanding his concerns, there are advantages (as noted earlier) for a mix of taxes at the local level. .Income tax Two quite different types of income tax are possible. The first, which is most commonly used in Europe, is to levy a local income tax which is simply a proportion of the federal or provincial income tax or is at least calculated on the same tax base. The Province of Manitoba, for example, shares the revenues from 4.15 percent of provincial income taxes 10i 142 (personal and corporate) with municipalities.' Revenue sharing is not the same as local taxation because local officials have no say over the tax rate or base. The second type is a separate, locally administered income tax. The second tax would be difficult to implement and very expensive to administer. Under the Rates and Taxes Act of 1924, municipalities in New Brunswick had access to taxes on personal income (as well as poll taxes, taxes on real and personal property, and some minor revenue sources). This access lasted until 1942 when the federal government negotiated an agreement with the provinces during World War II in which provincial and municipal governments gave up the right to levy taxes on incomes, corporations, and securities in return for federal grants (Martin, 2007). Although the right to levy income taxes was returned to the provinces after the war, it was never returned to municipalities anywhere in Canada. Similar to the property tax, an income tax would be a viable city tax. If a local council sets the local tax rate, it could be an accountable and efficient tax for funding municipal services. Unlike the property tax, however, the incidence of the tax would generally be progressive though it may not be clearly related to the benefits received from municipal services. Moreover, income tax revenues are more elastic than property tax revenues in that they increase (decrease) automatically as the economy expands (contracts).' An income tax on payrolls taxes commuters thereby permitting a municipality to tax those individuals who use city services but would not otherwise pay for them under the property tax. Some U.S. cities tax commuters through a payroll tax.' ' It also shares 2 cents per litre of provincial gasoline tax revenue, 1 cent per litre of provincial diesel fuel taxes, 10 percent of video lottery terminal revenues, and 100 percent of provincial fine revenues for municipalities that provide their own policing (urban municipalities with a population over 750). ' As noted recently in U.S. cities, however, revenue elasticity can be a problem when there is an economic downturn. The current recession in the U.S. has hurt those municipalities that depend on elastic tax revenues such as sales and income taxes. s Chemick and Tkacheva (2002); and Chernick (2002). New York, however, recently repealed its payroll tax. 17 143 There are three potential drawbacks to local income taxes. First, federal and provincial governments in Canada have recently lowered personal and corporate income tax rates to permit Canadians to remain competitive (or become more competitive) internationally. If cities are permitted direct access to income taxation, higher tax rates could offset federal and provincial initiatives and make it more difficult for Canada to compete. Second, the current practice in many countries, supported by the economic literature, is to lower reliance on income taxation and increase reliance on consumption -based taxes. This shift, it is argued, creates fewer distortions (Boadway and Kitchen, 1999). Third, if the tax is not levied on a region -wide basis, there could be problems with tax competition among municipalities. To the extent that tax differentials are matched by service differentials, however, competition will not lead to distortions. Nevertheless, income taxes can be justified at the local level on the grounds that local governments are increasingly being called upon to address issues of poverty, crime, regional transportation, and other region -wide needs. One tax alone -- the property tax -- cannot provide sufficient finds for these growing expenditure needs. Moreover, to the extent that some local governments are required to provide social services, an income tax is probably more appropriate than a property tax because the former is more closely related to ability to pay. Finally, a personal income tax at the City or CMA level could generate significant sums of revenue for local governments (see section 5 on revenue yields). General Consumption Tax The rationale for a general consumption tax as a supplement to the local property tax is similar to the rationale for a municipal income tax. As long as municipal services are funded only from property taxes imposed on local residents, some users might escape paying taxes for services consumed. Broadening the local tax base to include sales would help to address some of the externalities from municipal services (where some beneficiaries of services, such as commuters and visitors, do not pay for them), would 1S 144 give municipalities greater flexibility and breadth in determining their own tax structure, and would allow municipalities to benefit from growth in the economy. Nevertheless, evasion problems can sometimes be serious as well as economically distorting. Large rate differentials between neighbouring jurisdictions are unlikely to be sustainable over long periods of time. An additional city "piggyback" consumption tax of only 1 or 2 percent on a provincial tax system might minimize this problem, however. In the current Canadian context of lowering personal and corporate income tax rates, implementation of a city consumption tax would be preferable for the reasons noted above. Motel and Hotel Occupancy Tax An occupancy or room tax is an additional levy imposed on the existing provincial sales tax rate on hotels and motels. This tax is justified on the grounds that it compensates local governments for expanded services provided for tourists or visitors (for example, the additional police and fire protection, and highway and public transit capacity needed to meet weekend or peak convention and tourist demands). Although income and retail sales taxes fall on both residents and non - residents, a hotel and motel occupancy tax falls mainly on visitors. As with local income or sales taxes, there are two methods of administration. Local governments could simply piggyback onto the existing provincial sales tax on hotel and motel rooms through the addition of a few percentage points. Alternatively, local governments could set up their own administrative structure to administer and collect the tax. As with other possible tax sources, the piggyback scheme is administratively less expensive even though local governments would have less flexibility and no potential for altering the tax base. The levying of a hotel and motel room occupancy tax in selected municipalities and not in competing communities provides an incentive for individuals to stay in hotels and motels in those municipalities without the tax. The extent to which the differences in 19 145 price created by those differential tax rates would actually deter visitors from renting rooms is uncertain, however. If the demand for hotel and motel rooms is sensitive to price, then noticeable losses may occur. On that point, one might consider the impact on the convention business if a municipality were to impose a municipal hotel and motel tax that did not exist in other potential convention centres, since convention arrangements are often highly cost - sensitive. Municipalities should set the tax rate for the hotel and motel occupancy tax. If they get it wrong and drive tourists /convention business away, they will soon alter their rates to remedy the situation. As with each of the tax options described in this section, municipalities need to be accountable. Provincial and federal sales taxes are applied to hotel and motel accommodation in Canada. Municipalities in some provinces levy hotel and motel taxes; in other provinces, a voluntary levy is used. Where occupancy or room taxes are used, they are piggybacked onto the provincial tax and the revenue is collected by the province and returned to the municipality. The following examples highlight the use of hotel and motel occupancy taxes across Canada: • Halifax levies a 2 percent hotel tax and the funds are used for marketing. • Regina and Saskatoon levy a voluntary hotel tax with funds allocated to tourism. • Edmonton, Calgary, and Banff levy voluntary taxes with funds dedicated to tourism. • Incorporated municipalities in PEI have recently been granted permission to implement a hotel tax at a maximum rate of 2 percent with the funds being earmarked for tourism and special events. • Municipalities in BC can levy a hotel tax to a maximum of 2 percent and the tax has to be approved by the minister. There is also a new resort municipality revenue sharing program in BC for 13 resort municipalities whereby the province shares between 1 and 4 percentage points (amount determined by the 20 146 province depending on the type of development) of the 8 percent provincial hotel room tax. The funds are dedicated to the development of the tourism economies. Fuel Tax Municipal fuel taxes are a benefit -based tax for financing local roads and public transit. These revenues could provide cities with funds for improving and reconstructing local roads and for improving and expanding public transit. It would lead to a more efficient use of local roads (Slack, 2002a). Fuel taxes are, however, a blunt instrument for targeting congestion and other traffic- related costs that vary with location and time of use (Lindsey, 2007, p. 7). A municipal fuel tax is relatively inexpensive and simple to administer as long as the rate is set locally and `piggybacked' onto the provincial tax rate with provincial collection and remittance to the appropriate municipalities. This tax offers a number of advantages. It provides municipalities with more autonomy and makes them more accountable in their spending decisions. Local rate setting provides predictability for municipal governments and gives them flexibility to change tax rates in response to differing circumstances (Kitchen 2008b). A popular alternative to a municipal fuel tax is revenue sharing whereby the province sets the rate, collects the revenue, and remits it to eligible cities /regions. Revenue sharing is less desirable than municipal fuel taxes because municipalities are not required to set their own rates and hence, not required to be as accountable for their spending decisions. When the government making spending decisions differs from the government raising the revenue, local autonomy and flexibility are lost and local accountability is unlikely to be achieved (Kitchen and Slack, 2003; Finn, 2008). Although many U.S. cities levy fuel taxes, municipal fuel taxes do not exist in Canada. There are, however, some examples of fuel tax revenue sharing schemes: 21 147 • In Metro Vancouver, the province remits revenues equivalent to 12 cents per litre of its fuel tax revenue to the Greater Vancouver Transit Authority (Translink). This revenue is used for capital and operating costs of public transit and major roads within Metro Vancouver. • In the Capital Region (around Victoria), the province remits revenue equivalent to 2.5 cents per litre to be used for public transit operating and capital expenses. • Calgary and Edmonton receive provincial grants for transportation infrastructure that are estimated at five cents per litre from all provincial fuel tax revenue collected in the two cities. • The Agence Metropolitaine de Transport provides transit services to Montreal and surrounding municipalities and receives one and one -half cents per litre of all provincial fuel taxes collected on motor fuel sold in the Greater Montreal Area. • The federal government provides grants to municipalities (based on population and public transit ridership) equal to five cents per litre of federal gas tax revenue. Land Transfer Taxes A land transfer tax is levied at the time of sale of a property and usually is calculated as a percentage of the value of the property transferred. The tax, which must be paid before the transfer is registered, is like a sales tax payable by the purchaser and is calculated as a percentage of the purchase price. A number of variations on land transfer taxes exist. For example, the tax rate sometimes increases with the value of the property; in some cases, taxes are higher on nonresidents. This tax is not a particularly good tax for local governments. It bears no relationship to the benefits received for local services. It imposes a burden on those who buy property while placing no burden on those who remain in their existing property. Not only is this 22 148 tax unfair in its distributional impact, it reduces house sales and house prices and impedes household mobility (Dachis, Duranton, and Turner, 2008). The tax also provides an incentive for those who remain in their houses to demand municipal services knowing that they will be disproportionately paid for by those who buy property. Land transfer taxes are only levied at the municipal level in Nova Scotia, Quebec, and the City of Toronto. Municipalities in Manitoba are permitted to levy a land transfer tax but do not currently do so. In Nova Scotia, municipalities can levy a deed transfer tax up to a rate of 1.5 percent. Halifax Regional Municipality levies a deed transfer tax at the maximum rate but not all municipalities in Nova Scotia levy the tax. Tax on Non Residential Parking Spaces A tax on parking spaces is ideally suited to combat parking congestion. It is, at best, a crude instrument for handling traffic congestion because fees do not vary with time of use, traffic volume, distance travelled, and do not apply to through traffic. On the other hand, charges on parking space may address congestion if, in a second best way, they deter some traffic volume on highways into and out of the taxed area. A further advantage is that it could be a relatively cheap tax to administer and could be implemented fairly quickly. The only revenue that municipalities in New Brunswick currently collect from non- residential parking spaces is through the property tax. In many jurisdictions in the U.S., however, local governments levy a sales tax on parking fees in addition to the property tax. The new City of Toronto Act permits the City to levy a direct tax based on a fixed charge per square metre or parking space which can vary by area or zone. Metro Vancouver levied a non - residential parking tax within a specific transit zone in 2006 and 2007 with revenues dedicated to road and transit expansion. The tax rate was 78 cents per square metre or almost $25 per parking space and was included in the property tax bill. W 149 Vehicle Registration Charge Vehicle registration fees are levied on vehicle ownership. They could be based on factors such as age and engine size - older and larger vehicles generally contribute more to pollution - or emissions with lower charges on lower emission vehicles. Location could also be a factor - cars in cities add more to pollution and to congestion. Axle weight could also be a factor since heavier vehicles do substantially more damage to roads and require more costly roads to be built (Bird, 2004, p. 19). As with a tax on parking space, a vehicle registration tax is a crude instrument for curbing traffic congestion because it does not vary with time of use, traffic volume, distance traveled, or location of travel. Nevertheless, it is a charge on road use. It is also likely to be progressive in incidence because of the lower rate of car ownership among low income households. Administration costs would be relatively low if the charge were `piggybacked' onto the provincial charge and revenues collected by the same agency (many of the current collection agencies are private sector and not government owned) that collects the provincial charge. The municipal portion of the revenue collected would be remitted to the levying municipalities. To minimize tax avoidance, provincial requirements would have to be in place to prevent owners from registering their vehicles in a jurisdiction (such as cottage country) other than their principal place of residence. Municipal vehicle registration fees are usually a provincial charge. There are some exceptions, however. Toronto levies an annual fee of $60 for each car or truck and $30 for each motorcycle or moped. Commercial vehicles are exempt from the municipal tax. Revenues are not earmarked for public transit or transportation — they simply become part of the City's general revenues. Vancouver levies an annual commercial vehicle registration fee that is based on weight and ranges from $25 to $40 per year. Most large cities in Quebec levy an annual local registration fee of $30 which goes towards the funding of public transit systems. In Vancouver and Quebec, the fees are collected by the province and remitted to the municipalities. 24 150 Municipalities in many U.S. states levy motor vehicle registration fees. Fees range from being very simple, such as flat rate charges, to being fairly complex with a layer of state and local charges. Most revenues are earmarked for highway projects but some cities also use the revenue to fund public transit (Goldman and Wachs, 2003). Development Charges Development charges (also known as development cost charges and development levies) are levied by local governments to cover the growth- related capital costs associated with new development (or, in some cases, redevelopment). Development charges are generally levied for officially mandated programs and the funds collected have to be used to pay for the infrastructure made necessary by the development. The idea behind development charges is that "growth should pay for itself' and not be a burden on existing taxpayers. Development charges can be imposed on a uniform or area -wide basis. A uniform charge means that all developments in the municipality are charged the same amount per unit (per single family dwelling or per hectare for industrial). Variable charges can also be used within a municipality where specific areas are more expensive to service than other areas. Under area -wide charges, each development pays the costs imposed by that development rather than averaging the costs over the municipality. A further option is to create a "blended charge" that incorporates both a uniform region -wide charge for services where there are similar costs for all new developments in the region and area - specific charges where costs differ by area of the municipality. Development charges are permitted for all municipalities in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Yukon, and the Northwest Territories, but they are most widely used in British Columbia, Alberta, and Ontario. Table 7 shows the type of infrastructure for which development charges may be used in selected provincesherritories. Not every municipality in each of these provinces, however, uses development charges. They are generally levied in urban municipalities that are 25 151 experiencing growth. They are used much less frequently in smaller, rural, and slow- growing urban municipalities. Development or infrastructure charges are also used for a limited range of growth- driven infrastructure in the Halifax Regional Municipality, but not in other municipalities in Nova Scotia. Special infrastructure charges are used by two or three of the larger and rapidly growing urban municipalities in Newfoundland and Labrador. The City of Winnipeg Charter and the Planning Act provide the authority for municipalities to enter into development agreements. Through these agreements, municipalities may require the developer to pay for public works including, but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access and connections to existing services both on and off -site. They are used by the City of Winnipeg but not other municipalities in Manitoba. Ontario is the only province with separate development charges legislation (the Development Charges Act). In other provinces, the authority is contained in municipal or planning legislation. In Ontario, development charges can be levied for water supply services (including distribution and treatment services), waste water services (including sewers and treatment services), storm water drainage and control services, services related to a highway, police services, and fire protection services. Development charges can also be levied for other capital costs (listed in Table 7) but the costs are discounted by 10 percent. Value Capture Levies A value capture levy recovers the increase in land value arising from a public investment. City spending on public infrastructure and subsequent zoning decisions can increase the commercial value of holdings of private landowners. Value capture levies are justified if the public investment creates windfall gains for the private developer. The levy permits the municipality to capture (some or all of) the windfall gains accruing to the private sector that have been created by this local infrastructure spending. PM 152 The value may be captured in a variety of ways including a requirement that the developer provide various facilities and infrastructure or cash, in return for being permitted to undertake the development that the new municipal infrastructure facilitates and makes profitable. Value may also be captured through a tax on commercial revenues generated by property abutting the infrastructure. Alternatively and more likely, a special annual tax on property could be levied on value added (Tassonyi, 1997, pp. 191 -192). This tax would be relatively easy to implement and administer, although care would be required in estimating the value added to the property as a result of the public infrastructure (Kitchen, 2008b). Table 7: Comp arison of Char eable Services for Develo me nt/Infrastructure barges Charge Item Ontario Manitoba Saskatchewan Alberta BC Yukon NWT Water Supply X X X X X X Waste & Storm Water Services X X X X X X Highways & Roads X X X X X X Electrical Power X Fire Services X Police Services X Land Ambulance X Master Plans X Libraries X Recreation X X Works Yards X Transit Facilities X Parkland X X X Day Care Facilities X* Affordable Replacement Housing X * Rolling Stock & Equipment X Interest Costs X X X* * Education X *Vancouver Only * *Interim Debt Financing ... _ ....................... ............................... Source: SGE Acres, Inc., Enid Slack, and Harry Kitchen (2006), telephone interviews. 27 153 Value capture levies are most suitable for mega- projects such as rapid transit expansion. Although value capture levies are not widely used in North American jurisdictions, some Latin American jurisdictions do use these levies (known as "valorization ") to finance street improvements, water supply, and other local public services. The cost of the public works is allocated to property owners in proportion to the benefits conferred by the works (Bird, 2001c). Tax Increment Financing Tax increment financing (TIF) is a type of land value capture tax. TIFs were first introduced in the U.S. in 1952 in California and are now used by cities in 48 states. TIFs are used to revitalize blighted urban areas, stimulate downtown revitalization, encourage brownfield remediation, or to finance major infrastructure.' In the U.S context, TIFs generally follow a set of procedures: • A TIF district is proposed, based on planning criteria and what is permitted in the enabling legislation. The geographic boundaries reflect the area that is in need of redevelopment. • Public consultation is held as a redevelopment plan is developed. • Once the area has been given official status, the annual property tax revenue accruing to all taxing authorities within the district (the municipality, the county, school boards, etc.) is frozen at pre - revitalization levels. These are known as the base level property taxes. • For a period of time, generally between 15 and 35 years, all or some portion of the incremental tax generated (above the base level) accrues to the redevelopment agency to be used for the redevelopment. • In order to spur the redevelopment, infrastructure, land assembly, land write- ' There is an extensive literature on TIFs in the U.S. See, for example, Wassmer (1994), Anderson (1990), TD Economics (2004), and Slack (2005). 28 154 downs, and other improvements are undertaken. The source of financing for these front -end and periodic costs is usually borrowing or bonds issued against expected incremental tax increases. In this way -- lending on the basis of a district plan's expected tax increment -- the plan is financed through a public offering. After the TIF period expires, tax revenues from the expanded assessment base again flow to the taxing authorities. With a TIF, developers may benefit from a more appropriate or a more affordable site but they are not taxed at a different rate than other property owners. In other words, TIFs do not provide tax abatements whereby taxes are reduced or forgiven on a particular site. if the TIF achieves the results predicted, there is no direct transfer of funds from the government or any transfer of tax dollars from one business to subsidize another business. Dedication of TIF monies gives the private sector greater assurance that their investment will contribute to a revitalized district, thereby reducing their risk and uncertainty. There are some potential problems associated with TIFs, however. TIFs may not be able to generate the predicted tax revenues and the resulting lack of funds could threaten efforts to revitalize the designated area (Sands, Reese and Trudeau, 2005 and Weber et al., 2003). Other taxing authorities (such as school boards) resent that their property taxes are frozen at a time that they are experiencing growth in demand as a result of the revitalization. TIFs may merely accelerate development that would have occurred anyway. TIFs target funds to a designated area and this targeting may be at the expense of areas on the periphery of the TIF district or at the expense of overall municipal growth. One of the main criticisms of tax increment financing is that TIF bonds are more expensive than general obligation bonds. It has been suggested that, in the U.S., revenue bonds for TIF projects carry a risk premium in excess of 300 basis points over comparable general obligation bonds. The reason is that the default risk is transferred to bond holders instead of the municipality (TD Economics, 2004, pp. 31 -2). Debt FM 155 repayment depends on future increments in property tax revenues and the municipality has no obligation to pay bond holders if sufficient tax increments are not generated. TIFs are often favoured over general obligation borrowing in U.S. municipal jurisdictions because TIF bonds are not subject to constitutional and statutory debt limitations and they do not require voter approval (Johnson, 1999, p. 48). Canadian municipalities, on the other band, have much more leeway to use general obligation bonds because they have not used them as much as their U.S. counterparts (TD Economics, 2004, p. 33). TIF bonds are widely used in the U.S. Indeed, Johnson (1999) argues that, although it takes time for a new debt financing technique such as TIF bonds to become reliable as a means for raising capital, TIF bonds have developed into the "mainstream" of local government finance in the U.S. In many states, TIF bonds are secured primarily by incremental tax revenues but are frequently backed secondarily by the "full faith and credit" of the municipality (Johnson, 1999, p. 53). TIFs are not widely used in Canada but legislation does permit their use in some provinces: 0 Cities in Manitoba are permitted to use TIFs but do not currently use them. • Recent legislation in Alberta permits municipalities to use a form of TIF known as the "community revitalization levy." Under this legislation, municipalities are permitted to impose a levy "in respect of the incremental assessed value of property in a community revitalization levy area to raise revenue to be used toward the payment of infrastructure and other costs associated with the redevelopment of property in the community revitalization levy area." Municipalities can issue debentures to cover the costs of redevelopment and use the taxes collected on the increased assessed value to repay the debenture. Ontario municipalities have experience with Tax Increment Equivalent Grants (TIEGs) under Section 28 of the Planning Act. Under this program, 30 156 municipalities can designate an area or the entire municipality as a community improvement project area. They can then implement a community- improvement plan (CIP) with grants and/or loans which can, if the municipality chooses, be calculated on a tax increment basis. In other words, the municipality can offer developers a grant or loan that is based on the higher property tax that is generated from development (the tax increment). American -style TIFs, however, are only currently allowed for two pilot projects in the Toronto region under the Tax Increment Financing Act. 5, Estimates for Potential Revenues for Selected New Taxes This section provides estimates of additional revenue that could be generated in the City of Saint John and the Saint John CMA if they were given access by the province to additional tax tools. As noted above, these instruments are all used by some cities in Canada or around the world. Personal Income Tax Table 8 provides an estimate of the potential revenue yield from a 1 percent municipal surtax added onto the provincial personal income tax in 2006 in the City of Saint John and the Saint John CMA.10 This estimate is based on the taxpayer's residence (as opposed to place of work) and includes income from all sources. Assuming that the federal and provincial governments keep their same tax structure and rates, a 1 percent municipal surtax would increase the effective personal income tax rate (tax liability divided by total assessed income) by less than one -tenth of one percent. This higher effective tax rate, in turn, could lead to a reduced income tax base. A smaller tax base resulting from higher effective tax rates is referred to as the `tax price elasticity' (the responsiveness of total income to changes in effective tax rates). A number of studies have measured the tax price elasticity in the U.S. (Auten and Carroll, 1999; Blundell and 10 2006 is the most recent year for census data. 31 157 MaCurdy, 1999; Saez, 1999; and Slemrod, 1998) with results ranging from -.8 to -3.0. One Canadian study (Sillamaa and Veall, 200 1) estimated an overall tax price elasticity for working -age individuals of -.25, although it was higher for high- income individuals. To estimate the impact on the tax base arising from an increase in effective tax rates in the City of Saint John and the Saint John CMA, two different elasticities are used. These are the same as those in an earlier study for a number of Canadian cities (Kitchen and Slack, 2003). Specifically, a tax price elasticity of -.50 is used for the City of Saint John and a tax price elasticity of -.25 is used for the CMA. Different elasticities reflect differences in the geographic size of the taxing jurisdiction. The larger (smaller) the taxing jurisdiction, the smaller (larger) the elasticity because there is less (more) incentive for people to relocate to avoid the surtax. Based on these elasticities, the City of Saint John could have collected $1.1 million (Table 8) from a one percent surtax on the provincial income tax in 2006. This would have amounted to 1.34 percent of municipal property tax revenue. A one percent surtax for the Saint John CMA could have generated $2.2 million. This would have been equivalent to 2.12% of all municipal property taxes in 2006. General Sales Tax The estimate of sales tax revenues is based on the City of Saint John or the Saint John CMA piggybacking onto the provincial portion of the harmonized sales tax (HST) by adding one percentage point to the 8 percent provincial rate. Since the higher tax rate may have a negative impact on the tax base, it is necessary to determine the extent to which the tax base may be sensitive to higher sales tax rates. For example, if the same municipal sales tax rate is adopted in all contiguous municipalities, the impact on the tax base may be less than if it is imposed in one city and not in the contiguous municipalities. The incentive for `cross- border' (municipal) shopping will be greater under the latter scenario. M 158 Table 8: Estimated Revenue from New Taxes/CharLyes There are no empirical estimates in Canada of the sensitivity of the municipal sales tax base to an increase in the sales tax rate. One U.S. study (Haughwout, Inman, Craig, and Luce, 2000) indicated that general sales tax -price elasticity coefficients may range from - .60 to -.25. In other words, a one percent increase in the sales tax rate will lead to a decrease in the sales tax base (due to cross - border shopping and a lower level of economic activity) in the range of three -fifths and one - quarter of one percent. These coefficients were used in an earlier study estimating new revenues for Canadian cities (Kitchen and Slack, 2003) and they are used in this report. The larger elasticity is used for the City of Saint John and the smaller elasticity for the CMA. Based on these elasticities, it is estimated that the City of Saint John could have collected as much as $10 million in 2006 (Table 8) from a one percentage point increase in the 8 percent provincial portion of the harmonized tax (this represents an increase of 12.5 percent in the provincial tax). This would have amounted to 11.75 percent of municipal 33 159 City of Saint John Saint John CMA Revenue as 7 Revenue as Estimated percent of Estimated percent of revenue property tax revenue property tax revenues revenues Personal income tax (one percent surtax on provincial $1.1 million 1.34% $2.2 million 2.12/0 tax General Consumption Tax (one percentage point increase in provincial share of the harmonized sales t $10 million 11.75% $21 million 19.24% Motor Fuel Tax (one cent per litre ) $1.7 million 1.97% $3.5 million 3.19% Motor Vehicle Registration Fee ($30, on average, for each vehicle ) $1.4 million 11% $2.6 million 2.41% Non - Residential Parking Space ($25 per space, on $136 $177 average ) thousand 0.16% 1 thousand 0.16% There are no empirical estimates in Canada of the sensitivity of the municipal sales tax base to an increase in the sales tax rate. One U.S. study (Haughwout, Inman, Craig, and Luce, 2000) indicated that general sales tax -price elasticity coefficients may range from - .60 to -.25. In other words, a one percent increase in the sales tax rate will lead to a decrease in the sales tax base (due to cross - border shopping and a lower level of economic activity) in the range of three -fifths and one - quarter of one percent. These coefficients were used in an earlier study estimating new revenues for Canadian cities (Kitchen and Slack, 2003) and they are used in this report. The larger elasticity is used for the City of Saint John and the smaller elasticity for the CMA. Based on these elasticities, it is estimated that the City of Saint John could have collected as much as $10 million in 2006 (Table 8) from a one percentage point increase in the 8 percent provincial portion of the harmonized tax (this represents an increase of 12.5 percent in the provincial tax). This would have amounted to 11.75 percent of municipal 33 159 property tax revenue. The same tax increase in the CMA could have generated as much as $21 million. These revenues are equivalent to 19.24% of all municipal property taxes IMKIIIZ� Motor Fuel Tax Table 8 records the potential revenue yield that the City of Saint John and the Saint John CMA might expect from the imposition of a one cent per litre tax on fuel, piggybacked onto the provincial fuel tax. Once again, the tax base will likely respond to higher tax rates although it is far from obvious what this response will be since there are no Canadian studies that have measured fuel tax -price elasticity. Based on an earlier Canadian study (Kitchen and Slack, 2003), it is assumed that the tax price elasticity for the City of Saint John will be -.6 (a tax rate increase of 1 percent leads to a fall in the tax base of three -fifths of one percent) and for the CMA of Saint John, it will be -.25 (a tax rate increase of 1 percent leads to a fall in the tax base of one - quarter of one percent). The estimate here suggests that a fuel tax of one cent in the City of Saint John could have generated $1.7 million in revenue in 2006. This would have amounted to 1.97% of municipal property taxes in that year. For the CMA, a one cent tax could have produced $3.5 million in revenue, an amount that equaled 3.19% of all municipal property taxes. Motor Vehicle Registration Fee The estimate of motor vehicle registration fee revenues is based on data provided in the 2007 Canadian Vehicle Survey (Statistics Canada catalogue no. 53- 223 -X). From this survey, the number of vehicles registered in both the City of Saint John and the CMA were estimated. It was further assumed that an annual municipal motor vehicle registration fee of $30, on average, would be a reasonable charge (based on similar charges in other Canadian jurisdictions) that could be piggybacked onto the provincial fee. It was further assumed that this fee might reduce the number of registered vehicles. This reduction in registrations was calculated by using a tax price elasticity of -.04 (from 34 I e1 Hemson, 2007). Based on these assumptions, the City of Saint John could have collected $1.4 million in 2006 (Table 8). This would have amounted to 1.7 percent of municipal property tax revenue. The same tax increase in the CMA could have generated $2.6 million. This would have been equivalent to 2.41 % of all municipal property taxes collected in 2006. Tax on Non - Residential Parking Spaces It has been estimated that there are 5,500 parking spaces (including parking structures and lots as well as on -street metered or paid spaces) in the City of Saint John (data obtained from city officials). Based on other jurisdictions, it is reasonable to assume that an average fee of $25 could be charged for each space. Assuming a tax price elasticity of -.01 ( Hemson, 2007), this charge could have provided $136,000 in 2006 or 0.16 percent of municipal property tax revenues. For the Saint John CMA, it is estimated that there are about 7,150 non - residential parking spaces. It was estimated that these spaces could have yielded $177,000 in revenue in 2006 or an amount equal to 0.16% of all municipal property taxes. 6. Analysis of the Financial Issues in Saint John This section addresses the following financial concerns in the City of Saint John that were expressed by municipal officials: a The property tax rate is too high in Saint John. a Some services benefit neighbouring communities but the City is not compensated. • The grant system is out of date. 0 There are insufficient revenues to finance the infrastructure deficit and pay for the infrastructure that will be needed as a result of anticipated growth. 35 Mot The Property Tax Rate Although there is no benchmark to determine if property taxes are too high in Saint John, it is possible to compare different measures of the property tax burden among the three largest cities in New Brunswick. These measures (summarized in Table 9) include: the property tax rate, the ratio of residential to total assessment, average property taxes per dwelling, and average residential property taxes relative to income. The information in Table 9 shows that the residential property tax rate is higher in Saint John than in the other two cities (as noted earlier in Table 2). It also shows that the ratio of residential to total assessment is considerably lower in Saint John suggesting that the city has a much higher proportion of business properties than the other two cities. Although the residential property tax rate is higher in Saint John, average residential property taxes per dwelling (calculated as total residential property taxes divided by number of dwellings) are lower than in the other two cities. In terms of ability to pay, the ratio of property taxes to after -tax income is slightly lower in Saint John than in Fredericton and somewhat Iower than in Moncton. If the City wants to reduce its reliance on the property tax, three options may be considered — greater use of user fees, introduction of new taxes (such as vehicle registration fees, taxes on non - residential parking spaces, and a municipal fuel tax), and elimination of the provincial property tax. The first option is to substitute user fees for property taxes for some services. As noted earlier, the benefit model states that those who benefit from local public services or infrastructure should pay for them. User fees are currently used in Saint John for water and sewers, some transit, and some recreational programs and facilities. User fees could be extended, as suggested earlier, to solid waste collection and disposal. Substituting user fees for property taxes would reduce reliance on the property tax. Moreover, they would result in environmental benefits because user fees would encourage people to reduce the amount of garbage they produce. i1.1 162 Table 9: roperty rope Tax Comp arisons Sources: New Brunswick, Annual Report of Municipal Statistics, 2008 and Statistics Canada, 2006 Census — community profiles and income statistics. The second option is to substitute other revenues at the municipal or regional (Saint John CMA) level. Of the possible taxes discussed earlier, the easiest to implement would be a vehicle registration fee, a tax on non - residential parking spaces, and a municipal fuel tax piggybacked onto the provincial tax. The third option is to reduce the provincial property tax. The provincial property tax creates distortions and is unfair at the local level because it only taxes rented residential properties and business properties. It does not tax owner - occupied residential properties. It is not related to the benefits received from local services and thus hampers the ability of businesses to be competitive because it is like a fixed cost that must be paid (Kitchen and Slack, 1993, Vancouver Property Tax Policy Review Commission, 2007, Canada, 1998). It impedes local autonomy and flexibility because it restricts access to the property tax base that could be used for local purposes. In short, there is little economic justification for a provincial property tax. The Finn Report recommended that municipalities be given access to more revenues through a property tax room transfer from the Province using up to $1.50 of the non- 37 163 Saint John Fredericton Moncton Average residential tax rate (per $100 of assessed value) 1.7950 1.4176 1.6525 Residential assessment as % of total assessment 67.7% 78.9% 75.9% Average residential property taxes per dwelling $1,648 $1,984 $1,923 Average residential property taxes relative to after -tax income 3.8% 3.9% 4.1% Sources: New Brunswick, Annual Report of Municipal Statistics, 2008 and Statistics Canada, 2006 Census — community profiles and income statistics. The second option is to substitute other revenues at the municipal or regional (Saint John CMA) level. Of the possible taxes discussed earlier, the easiest to implement would be a vehicle registration fee, a tax on non - residential parking spaces, and a municipal fuel tax piggybacked onto the provincial tax. The third option is to reduce the provincial property tax. The provincial property tax creates distortions and is unfair at the local level because it only taxes rented residential properties and business properties. It does not tax owner - occupied residential properties. It is not related to the benefits received from local services and thus hampers the ability of businesses to be competitive because it is like a fixed cost that must be paid (Kitchen and Slack, 1993, Vancouver Property Tax Policy Review Commission, 2007, Canada, 1998). It impedes local autonomy and flexibility because it restricts access to the property tax base that could be used for local purposes. In short, there is little economic justification for a provincial property tax. The Finn Report recommended that municipalities be given access to more revenues through a property tax room transfer from the Province using up to $1.50 of the non- 37 163 owner - occupied residential and up to $0.75 of the non- residential tax rate in each jurisdiction." Recommendation 42 states the following:" It is recommended that tax room be made available from the provincial government to each new or reconfigured municipal entity equal to non- owner- occupied residential ($1.50) and non - residential ($0.75), thus eliminating the provincial non - owner - occupied residential tax rate and reducing the provincial non - residential tax rate from $2.25 to $1.50. Reducing the provincial tax rate by this amount would give municipalities additional tax room that they could use for municipal services (or they could decide to leave municipal property taxes at the current level so taxpayers enjoy a reduction in property taxes). The Finn Report also recommended that four municipal property classes be established and municipalities be allowed to set the local tax rate for each property class. Recommendation 43 states the following: It is recommended that four municipal property tax classes be established at the municipal level to accommodate the tax room transfer, namely: residential owner- occupied, residential long -term rental, residential other and non- residential. Allowing municipalities to set their own tax rates by property class would provide them with more flexibility and local autonomy than they currently have. Services Benefitting Neighbouring Communities Property tax rates in 2008 were higher in the City of Saint John (1.795) than in the surrounding communities of Rothesay (1.25), Grand Bay /Westfield (1.37), and Quispamsis (1.2656). One reason for the higher rates in Saint John is that it provides services that benefit neighbouring communities. The Finn Report recognized that An earlier Discussion Paper on New Brunswick's tax system produced by the Department of Finance in .Tune 2008 suggested a reduction in the provincial property tax as an option for consideration. 12 The property tax recommendation report does not mention LSDs because the report recommends that all LSDs become incorporated municipalities. 38 164 population growth is occurring outside of the municipal boundaries of the larger centres in the province and that tax rates are increasing in the larger centres to pay for services used by people in neighbouring communities. To address this problem of service spillovers, Finn recommends the creation of 12 regional service districts and the amalgamation of municipalities. Larger municipalities and districts would put all of the beneficiaries of local services within the boundaries of the municipality. The creation of larger municipalities is one way of addressing this concern about services spilling over municipal boundaries. Another option is to levy taxes that capture the benefits of services to commuters and visitors. The property tax is not an effective revenue tool to pay for services such as police and fire protection, and roads that are used by non - residents. Other taxes, such as payroll (income tax deducted at place of work) and general consumption and excise taxes (for example, a tax on fuel or hotel occupancy) would capture the cost of services used by non - residents. Saint John currently has a voluntary hotel tax but the revenues are dedicated to tourism and not used to pay for local services. To minimize cross border impacts, these taxes should probably be levied on a regional (Saint John CMA) basis. Both hotel and fuel taxes should be considered as possible additional revenue sources for the city and CMA, keeping in mind that provincial legislation would be required to implement them. The Grant System The grant system in New Brunswick is out of date. The provincial government introduced a new unconditional grant formula in 1997 that took account of differences in expenditure needs and fiscal capacity of municipalities for each of six groups of municipalities (Brett et al., n.d.). The total grant allocation was calculated as the per capita entitlement multiplied by population and then scaled so that the provincial grant total did not exceed a predetermined amount. The new grant system was to be phased in Q 165 from 1997 to 2001 but the phase -in was put on hold in 2000. The nominal value of the unconditional grants was frozen at the 2000 levels from 2001 to 2003. In 2004, total grants were reduced by 10 percent. In 2005, a new funding mechanism was introduced to be implemented over four years. Total grants were increased by $2.5 million and the distribution mechanism provided municipalities with below average tax bases with a % percent increase per point; municipalities with above average tax bases received what they did in 2004. In 2006, the grant was increased by $2.6 million and was distributed so that municipalities with below average tax bases received a 1 percent increase per point over 2004. Municipalities with above average tax bases received what they received in 2004. Finally, in 2007 and 2008, all municipalities received a 2 percent increase over the grant in the previous year. In essence, there is no longer an equalization formula or any formula for the distribution of unconditional grants. The system out of date and needs to be re- designed to achieve the original objective of equalization— each municipality should be able to provide an average level of service by levying an average tax rate. The Finn Report recognizes the problems with the current unconditional grant and recommends that it be replaced by a property tax room transfer and a new unconditional equalization grant. Financing Infrastructure Infrastructure is currently financed in Saint John from operating revenues (property taxes and user fees), federal and provincial transfers, and borrowing. Financing infrastructure — both the existing infrastructure deficit and the infrastructure anticipated as consequence of expected growth -- is a real concern for Saint John. A recent report anticipates significant growth in Saint John arising from major investments in a new potash mine in Sussex, a Liquefied Natural Gas facility and accompanying pipeline in Saint John and the refurbishment of the NB Power Point Lepreau Generating Station (Benefits Blueprint, 2008, p. 1). It also anticipates other projects that are being considered. Although these 40 WON investments are expected to have a positive effect on the city in terms of employment, they also present challenges for providing the needed infrastructure that is associated with growth. The Finn Report discusses the need for greater infrastructure investment in New Brunswick and recommends that the province provide funding for infrastructure from provincial income and sales tax revenues (Recommendation 66). Although this type of revenue sharing is one way to fund municipal infrastructure, it may fall short of satisfying the principle of accountability which requires that the government that spends the funds also raise the funds (as Finn himself suggests on page 15 of the report). There are other options for financing infrastructure. For growth - related capital expenditures, development charges would be appropriate on the grounds that growth should pay for itself and not be a cost on existing taxpayers. Experience with development charges across Canada can serve as a guide to implementation in Saint John. Other instruments for redevelopment, such as tax increment financing, should also be considered. Although there is little experience with this tool in Canada, they have been widely used in U.S. jurisdictions. 7. Concluding Comments This report has evaluated a number of ways to reduce reliance on the property tax and to fund infrastructure in the City of Saint John, based on a set of local public finance principles. The following are the four main conclusions of the report: • The transfer of provincial property tax room to municipalities, as recommended by the Finn Report, should be implemented. It would provide municipalities with more flexibility, accountability, and autonomy in local decision - making. 167 41 • The City should consider expanding its use of user fees to include solid waste collection and disposal. Not only could user fees reduce reliance on local property taxes, they would improve efficiency and relate the costs of the service to the benefits received. User fees also address concerns over environmental sustainability. • The unconditional grant needs to be re- designed to ensure that municipalities can provide an average level of service by levying an average tax rate. This recommendation can also be found in the Finn Report. • The City could benefit from new revenue sources, especially for infrastructure. Possible sources include a development charge, vehicle registration tax, non - residential parking tax, fuel tax piggybacked onto the provincial fuel tax, and tax increment financing. IN I REFERENCES Anderson, John (1990) "Tax Increment Financing: Municipal Adoption and Growth," National Tax Journal, 43(2): 155 -164, Auten, G. and R. Carroll (1999) "The Effect of Income Taxes on Household Income ", Review of Economics and Statistics, 81 (4): 681 -693. Barnett, Richard, R. (1997) "Subsidiarity, Enabling Government, and Local Governance." In Hobson, Paul A.R. and France St- Hilaire (eds). Urban Governance and Finance: A Case of Who Does What. Montreal: The Institute for Research on Public Policy. Bird, Richard M. (1993) "Threading the Fiscal Labyrinth: Some Issues in Fiscal Decentralization ", National Tax Journal, 46 (2): 207 -27. Bird, Richard M., (2001 a) "User Charges in Local Government Finance ", in The Challenge of Urban Government: Policies and Practices, edited by Mila Freire and Richard Stren (Washington, D.C.: The World Bank): 171 -82. Bird, Richard (2001b) "Subnational Revenues: Realities and Prospects ", World Bank Institute, Washington. Bird, Richard, M. (2001c) "Setting the Stage: Municipal and Intergovernmental Finance," in The Challenge of Urban Government: Policies and Practices, edited by Mila Freire and Richard Stren (Washington, D.C.: The World Bank): 113 -28. Bird, Richard M. (2004) "Getting it Right: Financing Urban Development in China ", International Tax Program Paper 0413 (Toronto: Joseph L. Rotman School of Management, University of Toronto). Bird, Richard, M. and Enid Slack (1993) Urban Public Finance in Canada 2nd edition (Toronto: John Wiley and Sons). Bird, Richard, M. and Thomas Tsiopoulos (1997) "User Charges for Public Services: Potentials and Problems." Canadian Tax Journal 45(1): 25 -86. Blundell, R. and T. MaCurdy (1999) "Labor Supply: A Review of Alternative Approaches ", in O. Ashenfelter and D. Card (editors), Handbook of Labor Economics, volume 3, Elsevier, Amsterdam. 43 I.• Boadway, Robin and Harry Kitchen (1999) Canadian Tax Policy, third edition (Toronto: Canadian Tax Foundation). Brett, Craig, Christina Tardif, Patrick Blagrave, and Nelson Paterson. "Financing Municipal Government in New Brunswick, Canada, 1983 -2003, n.d." tt :I ta,c �cre rase chi �anicialFin ce, d� Canada (1998) Report of the Technical Committee on Business Taxation, (Ottawa: Department of Finance) at chapter 2. Chemick, Howard (2002) "The Effect of Commuters on the Fiscal Costs of the District of Columbia ", mimeograph, 36 pages. Chernick, Howard and Olesya Tkacheva (2002) "The Commuter Tax and the Fiscal Cost of Commuters in New York City," State Tax Notes, 25 (6): 451 -6. Dachis, Benjamin, Gilles Duranton and Matthew Turner (2008) "Sand in the Gears: Evaluating the Effects of Toronto's Land Transfer Tax," Commentary No. 277, Toronto- C.D. Howe Institute. Dewees, Don (2002) "Pricing Municipal Services — The Economics of User Fees," Canadian Tax Journal, 50 (2): 586 -99. Duff, David G. (2003) "Benefit Taxes and User Fees in Theory and Practice," research paper 45 prepared for the Panel on the Role of Government in Ontario. Goldman, Todd and Martin Wachs (2003) "A Quiet Revolution in Transportation Finance," Transportation Quarterly, 57 (1). Haughwout, Andrew, Robert Inman, Steven Craig, and Thomas Luce (2000) "Local Revenue Hills: A General Equilibrium Specification with Evidence From Four U.S. Cities," National Bureau of Economic Research Working Paper No. 7603, National Bureau of Economic Research, Cambridge. Hemson Consulting (2007) "New Taxation Measures: City of Toronto Act ", a report prepared for the City of Toronto. Johnson, Craig, L. (1999) "Tax Increment Debt Finance: An Analysis of the Mainstreaming of a Fringe Sector," Public Budgeting and Finance, Spring: 47 -67. 44 170 Kelleher, Maria, Janet Robins, and John Dixie (2005) "Taking Out the Trash: How to Allocate the Costs Fairly," Commentary (Toronto: C.D. Howe Institute) Kitchen, Harry (2002) Municipal Revenue and Expenditure Issues in Canada (Toronto, Canadian Tax Foundation). Kitchen, Harry (2003) "Financing Cities and Fiscal Sustainability" in Paying for Cities: The Search for Sustainable Municipal Revenues, edited by Paul Boothe, Institute for Public Economics, University of Alberta, Edmonton, Alberta: 19 -36. Kitchen, Harry (2008a) "Tax and Spend: Improving the Efficiency and Accountability of Taxation in HRM," Atlantic Institute for Market Studies — available at www.aims.ca Kitchen, Harry (2008b) "Financing Public Transit and Transportation in the Greater Toronto Area and Hamilton: Future Initiatives ", completed for the Residential and Civil Construction Alliance of Ontario - available at www.recao.com Kitchen, Harry and Enid Slack (1993) Business Property Taxation, Government and Competitiveness Project Discussion Paper no. 93 -24 (Kingston, Ont.: Queen's University, School of Policy Studies). Kitchen, Harry, and Enid Slack (2003), "Special Study: New Finance Options for Municipal Governments," Canadian Tax Journal, 51 (6): 2215 -75. Kneebone, Ronald, D. and Kenneth J. McKenzie (2003) "Removing the Shackles: Some Modest and Immodest Proposals to Pay for Cities." In Paul Boothe (ed.), Paying for Cities The Search for Sustainable Municipal Revenues, Edmonton: Institute for Public Economics, University of Alberta. Lindsey, Robin (2007) "Congestion Relief. Assessing the Case for Road Tolls in Canada," Commentary (Toronto: C.D. Howe Institute). Martin, Geoffrey, R. (2007) "Municipal Reform in New Brunswick: Minor Tinkering in Light of Major Problems," Journal of Canadian Studies, 41(1): 75 -99. Mintz, Jack, M. and Tom Roberts (2006) "Running on Empty: A Proposal to Improve City Finances." Commentary, No. 226, Toronto: C.D. Howe Institute New Brunswick Department of Finance (2008) "A Discussion Paper on New Brunswick's Tax System." June. 45 171 Report of the Commissioner on the Future of Local Governance (Finn Report) (2008) Building Stronger Local Governments and Regions, An Action Plan for the Future of .Local Governance in New Brunswick. Rosen, Harvey S., Bev Dahlby, Roger S. Smith, and Paul Boothe (2003) Public Finance in Canada (Toronto: McGraw -Hill Ryerson). Saez, E. (1999) "The Effect of Marginal Tax Rates on Income: A Panel Study of `Bracket Creep," National Bureau of Economic Research Working Paper No. 7367, National Bureau of Economic Research, Cambridge. Sands, Gary, Laura Reese and Katherine Trudeau (2005) "Tips for TIFs: Policies for Neighborhood Tax Increment Financing Districts "(draft), paper presented at the Association of Collegiate Schools of Planning 46th Annual Conference, Kansas City, October 27 -30. Slack, Enid (2002) "Municipal Finance and the Pattern of Urban Growth," Commentary, (Toronto: C.D. Howe Institute). Slack, Enid (2005) "Easing the Fiscal Restraints: New Revenue Tools in the City of Toronto Act" (1� :: %C w.utoronto.cal cislimfipdf/Easin Fiscal estrains.d. Slemrod, J. (199 8) "Methodological Issues in Measuring and Interpreting Taxable Income Elasticities," National Tax Journal, 51 (4): 773 -88. Sillamaa, Mary -Anne, and Michael R. Veall (2001) "The Effect of Marginal Tax Rates on Taxable Income: A Panel Study of the 1988 Tax Flattening in Canada," Journal of Public Economics, 80: 341 -56. Tassonyi, Almos (199 7) "Financing Infrastructure in Canada's City- Regions" in Paul A.R. Hobson and France St- Hilaire, Urban Governance and Finance: A Question of Who Does What (Montreal: Institute for Research on Public Policy): 171 -200. TD Economics (2004) "Mind the Gap: Finding the Money to Upgrade Canada's Aging Public Infrastructure." Special Report, May 20. Vancouver Property Tax Policy Review Commission (2007) Report. Vancouver. 46 172 Wassmer, Robert (1994) "Can Local Incentives Alter a Metro City's Economic Development ?" Urban Studies, 31(8): 1251 -78. Weber, Rachel, Saurav Dev Bhatta, and David Merriman (2003) "Does Tax Increment Financing Raise Urban Industrial Property Values ?" Urban Studies, 40 (10): 2001 -21. rV� 173 _________ _.m,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,-. .............................., " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ` ....................................... mm°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°°`..................."""""""" �INIIIIIIIINNNNNNNNNNNNNNNNNNNNNNIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINNNNNNNNNNNNNNNY REPORT TO COMMON COUNCIL June 11, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Subject: Report on Long -term Financial Impact of the Capital Program INTRODUCTION A, City ot Saint John As Council has requested, the following is a report on the long -term financial impact on the City of our Capital Program. There are numerous factors that need to be considered in assessing and understanding the implications of Capital spending for both the short and long term. In November 2008, a presentation was made that discussed the debt levels and debt service implications of the anticipated capital program. This report, however, will provide, in addition to these items, an approach to determining the level of capital spending along with long -term recommendations on controlling our own destiny. This report will also revisit some of the issues raised in the June 2006 report to Council entitled "Long -Term Financial Outlook ". While this report is three years old, the long- term issues highlighted in that report are still the primary issues facing the City of Saint John. Steps have not been taken to address these issues and until they are addressed, the ability to see sustainable improvement in the financial health of our community will not manifest itself. As well, some of the content of this report will deal with information provided to Council in the Orientation presentation of July 2008. Since many of the members of Council were very new at that time, this review will afford them the opportunity to evaluate this information after a year in office. This report will also speak to the long -term funding implications and concerns resulting from the failure of the Provincial Government to implement the recommendations of the uuuulllllllllllllllllllllllllllllllllllllllllllluuuuuuullllllu� 174 Report on Long -term Financial Impact of Capital Program June 11, 2009 Finn Report, as well as the impact on the ability of the City to manage our business as a result of measures that the Province has indicated they plan to introduce related to assessment base growth and property tax rates for municipalities. As a prelude to the discussion about the impact the capital program will have on the operating budget, General Fund operating projections have been prepared using the original guidelines of 4.5% for 2010, and 4.0 % for 2011 and 2012. These projections also indicate the assessment base growth required in order to maintain a tax rate of 1.785 per $100 of assessed value. An additional set of projections have been included using 2.5% for 2010 and 4% for 2011 and 2012. The report will then outline the capital budget adopted for 2009 along with indications of the capital requirements for the years 2010, 2011, and 2012 that were included with the 2009 Capital Budget. The next step is to review the impact on the debt service ratio and total debt levels should all of these projects be undertaken in the four -year time frame. This is, in reality, an update of the presentation made to Common Council in November 2008 when a preliminary Capital Budget was presented. The report will conclude with a discussion of some options on addressing the capital needs as well as some recommendations for actions needed to ensure a financially sustainable future. Commissioner of Finance Report to Common Council — June 2006 In June of 2006 the Commissioner of Finance presented a report to Common Council — "Long -term Financial Outlook" (Appendix 1). This report presented a preliminary look at the 2007 General Fund Operating Budget but more importantly identified critical issues facing the City and their impact on the long -term financial well being of the City. These issues are still relevant today and continue to put stress on the long -term financial health of this organization. The critical issues are: Unconditional grant funding Required level of capital expenditures - Alternative sources of revenue - Pension plan funding 175 Page 2 of 12 Report on Long -term Financial Impact of Capital Program June 11, 2009 While the pension plan funding issue is significant the implications beyond the current funding levels have not been addressed in this report. Council is currently working on this issue and it would be inappropriate to presume and reflect an outcome at this time. Once decisions have been made their implications will be reflected accordingly. Each of these three remaining issues revolves around funding. It has been the approach over the last twenty years to try and address the funding issue by reducing expenditures. Ensuring that expenditures are at appropriate levels is unquestionably the first step in addressing the funding issue. As highlighted in the Slack/Kitchen report "to consider which expenditures could be reduced requires a major study with many components such as organizational review, an evaluation in the way in which services are delivered, and an understanding of the extent to which services are valued by taxpayers ". This approach is fundamental to ensuring that expenditure reductions are being made based on sound research and not simply as a measure to balance the budget. An approach of reducing expenditures to balance the budget does not lead to providing the required services, satisfied taxpayers, or a sustainable future. During the past twenty years the asphalt program has been one of the victims of this cut to balance the budget approach. As the Commissioner of Municipal Operations has advised Council, this approach has significant cost implications for the future. In a report prepared by the Commissioner of Municipal Operations Council will see firsthand the impact of this program. Currently 25% of the lane kilometers that the city maintains are below the critical PCI level and as such simply resurfacing those streets is no longer a viable option; they need to be reconstructed. The cost of this reconstruction is 4 to 5 times the amount that would have been required to replace the asphalt on a timely basis. The other area that was discussed at length is the benefit/need to funding recurring capital expenditures from operating funds. As identified in the June 2006 report, the recurring capital costs are approximately $14,000,000 per year. If we were only spending this amount once every 10 to 15 years it would acceptable to borrow to fund these expenditures. However, since this amount is being spent every year, if we borrowed the full $14,000,000 each year we would end up paying $14,000,000 annually plus the interest on $14,000,000. The interest cost on $14,000,000 for 10 years based on current interest rates would be $4,400,000. In his June 2006 report the Commissioner of Finance indicated that the tax rate would need to be increased to enable the City to eventually achieve the goal of funding Page 3 of 12 176 Report on Long -term Financial Impact of Capital Program June 11, 2009 recurring capital expenditures from operating. Unfortunately there has been no growth in this funding and actually beyond the contributions from operating for fleet and technology replacement, no funding is provided for this item. Commissioner of Finance Report to Common Council — December 2008 In December 2008, a presentation on the impact of capital expenditures was made to Common as part of the 2009 budget discussions. The information in that report has been updated to reflect the actual approved capital budget for 2009 as well as the needs identified for 2010, 2011, and 2012. The capital approved for 2009 and the needs identified for 2010, 2011, and 2012 are in summary: Year City Share Other Share Total 2009 $ 51,003,000 $ 26,782,000 $ 77,785,000 2010 $ 87,493,500 $ 18,518,000 $ 106,011,500 2011 $ 46,935,000 $ 17,865,000 $ 64,800,000 2012 $ 40,334,000 $ 6,675,000 $ 47,009,000 The total city share identified for this four year period is $225,765,500. There is also another $13,532,000 worth of projects carried forward from prior years for a total identified need of $239,297,500. The effects of spending this amount on capital over the next four years are outlined in Appendix 2. The highlights are that debt service costs would rise from approximately $10.5 million in 2008 to in excess of $28 million in 2012. The debt service ratio (the percent of the budget that goes to service the debt) would increase from approximately 8.7% in 2008 to more that 18% in 2012. These projections are based on interest rates remaining reasonably stable over this time frame. Should long -term interest rates start to escalate, the cost of debt repayment and the debt service ratio would also start to escalate. In terms of total outstanding debt for the General Fund, this level of capital spending would push the total from $59,000,000 at the end of 2008 to over $265,000,000 by the end of 2012. Although spending at these levels is within the legislated limits set by the Municipalities Act, it would not be prudent to adopt such an approach. Page 4 of 12 177 Report on Long -term Financial Impact of Capital Program June 11, 2009 Operating Budget Projections 2010 — 2012 As part of the 2009 budget approval, the following policy direction was adopted by Council: "That the Finance Committee, no later than September 30th 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: 2010 — Submissions shall not exceed the 2009 Approved Budget plus 4.5% 2011 — Submissions shall not exceed the 2009 Approved Budget plus 4.0% 2012 — Submissions shall not exceed the 2009 Approved Budget plus 4.0 %" Attached as Appendix 3 are detailed projections for the years 2010, 2011, and 2012 based on this policy direction along with the tax base growth required to maintain the tax rate at 1.785. The purpose of their inclusion in this report is not to spark debate on the 2010 budget but to provide Council with an order of magnitude indication of what the budget might look like based on the policy direction and to provide a backdrop for the discussion of capital spending over the next four years. Property Tax Accountability Mechanism An additional variable has been thrown into the budget preparation mix which is the introduction of what the Province of New Brunswick calls the Property Tax Accountability Mechanism. Appendix 4 is a copy of an excerpt of the relevant section from the March 2009 provincial publication "The Plan for Lower Taxes in New Brunswick 2009 — 2012 ". Appendix 5 provides an analysis which attempts to indicate the impact on taxation revenue of the application of this approach. The provincial document indicates how the tax rate would be computed but does not indicate to which Assessment Base this rate would be applied. Would it be applied to what is referred to as the Notional Assessment Base or the Actual Assessment Base of the New Year? The example starts with the 2009 Assessment Base and tax rate and performs the calculation using an assumed 7% growth in the Assessment Base. The resulting New Year Property Tax rate would be 1.7439. If this rate is applied to the Notional Assessment base, the result is additional property tax revenue for 2010 of $2,096,822. However if the rate is applied to the Assessment Base of the New Year, then the additional property tax revenue for 2010 would be $4,459,480. Applying the current tax rate of 1.785 to the Assessment Base of the New Year (the current practice) results in Page 5 of 12 178 Report on Long -term Financial Impact of Capital Program June 11, 2009 additional tax revenue for 2010 of $6,881,455. (These are the actual increases over the 2009 property tax revenue not incremental amounts.) The previous Council (as recently alluded to by Councillor McGuire) adopted a pro - development focus in an effort to bring growth to the City. Now that for the first time in years the City is experiencing a level of growth that will permit a commitment of resources to the challenges facing this community, the Province wants to curtail that g rowth . As Council was informed during the Orientation presentation in July 2008, the tax base growth for Saint John between 1990 and 2007 was 57.01% compared to 111.80% for Moncton and 99.58% for Fredericton. This additional assessment base growth has enabled these communities to meet expenditure needs with less impact on their tax rate. The City of Saint John has invested significant monies over the past number of years in an effort to grow the tax base. Programs such as the Upper Floors Program and the Housing Infill Development Program, along with investments in Economic Development (Enterprise Saint John, Saint John Industrial Parks and Waterfront Development) have all been geared to increasing our tax base to provide the means to improve this community and make up for the lean years of the 1990's. There are some significant concerns that the City should articulate in terms of the approach the Province is advocating. The Slack/Kitchen report identifies a series of Public Finance Principles (pages 10 & 11). One of these principles is autonomy. This principle states "Autonomy is best achieved when local governments are responsible for raising the revenue that they spend including responsibility for setting local tax rates ". Clearly this approach by the Province is undermining the municipality's autonomy. The Deputy City Manager has also offered the following concerns with this approach from notes he provided to the Cities Association: - CPI is not uniform across the province and as such the factor becomes arbitrary; - Municipal costs do not track the inflation rate and in fact often exceed CPI — arbitrated wage increases for Police and Fire, Insurance, fuel; - The strength of the current system is its objectivity and independence where valuations are based on arm's length market activity; - Political interference from the provincial level will undermine the integrity of a well respected system and open the door for other politically motivated adjustments in the future; Page 6 of 12 179 Report on Long -term Financial Impact of Capital Program June 11, 2009 - Proposed change would actually take political accountability away from local councils. It will be seen as the Province setting the local tax rate and Councils making adjustments; - Over time the well understood relationship between property evaluations and local tax rate will be eroded. Property owners will lose track of what exactly they are being taxed on; - This approach runs contrary to recommendations in the Finn Report (3's 49 & 50). Impact of Capital Expenditure Requirements on the Operating Budget The Capital budget process is a discussion around what the community needs in terms of capital investment versus what we can afford and over what time frame it can be accomplished. The role of city staff is to inform Council of what needs to be done. The role of the Commissioner of Finance is to inform Council when they can afford to undertake this capital work based on a series of assumptions. These assumptions cover such factors as interest rates, term (length) of borrowing, and assessment base growth. For the discussion in this report, we have assumed an interest rate of 5.5 %, a borrowing period of 15 years, and for the purposes of indicating to Council the extent of capital that can be undertaken in any particular year, an assessment base growth rate of 7 %. Not to be overlooked in a discussion on the financial impact of capital projects to be undertaken is the realization that there is also a significant future cost to be incurred for the deferral of a project. As the Commissioner of Municipal Operations has advised this Council on many occasions, the impact of not doing a particular project may have a far greater cost in the future than the additional cost of doing the project today. As members of this Council who were on the previous Council can attest, there is a significant infrastructure deficit, not only in Saint John, but across this country. This infrastructure deficit is a result of years of not putting adequate funding to capital maintenance and capital renewal. There seems to be a misunderstanding of how the capital program impacts the operating budget. Council needs to fully understand the impact on the operating budget of capital spending. Capital spending refers to an expenditure for an item (assets) with a useful life of greater than one year and a cost in excess of an amount set by policy, Page 7 of 12 i:6 Report on Long -term Financial Impact of Capital Program June 11, 2009 (i.e. $5,000). Many people believe that capital is the money we borrow. The money we borrow is one of several methods of funding capital, but is not what constitutes capital. Borrowing through the issue of debentures is the primary method the City uses to fund capital. Other sources of funding for capital include contributions from the other levels of government (i.e. infrastructure funding) and contributions from others, such as individuals or corporations (i.e. donations for Harbour Passage or Skateboard Park). This distinction between capital and funding is critical in terms of understanding the impact of capital spending on the City's operating budget. The more we borrow, the greater the impact on the operating budget. In 2004, Council made a decision to move from repaying capital borrowings from over 10 years to 15 years. The purpose of this change was to reduce the annual debt repayment. This reduction was to be allocated to the capital from operating component of the budget to allow the funding for this item to increase and thus reduce the amount of capital being funded by borrowing. If this program had been followed, the total in the capital from operating budget for 2009 would be approximately $2,000,000 and cumulatively would have reduced borrowing to December 31, 2009 by approximately $4,500,000. This discussion of the capital process is critical to understanding the impact on the operating budget and also critical in how the City deals with the capital budget in the future. A topic of frequent concern when discussing the impact of the capital program is the tax rate in Saint John. An issue is constantly made of the fact that we have the highest tax rate in New Brunswick. Once again referring to the Slack/Kitchen report (pages 36 & 37), a discussion is provided about the property tax rate. The comment in the report is that "although there is no benchmark to determine if property taxes are too high in Saint John, it is possible to compare different measures of the property tax burden among the three largest cities in New Brunswick ". Table 9: Property Tax Comparisons on page 37 of the report contains the average residential tax rate for each of the three cities: Saint John — 1.795, Fredericton — 1.4176, and Moncton 1.6525. There are two additional pieces of information contained in this table that are particularly interesting. The first is the average residential property taxes per dwelling: Saint John - $1,648, Fredericton - $1,984, and Moncton - $1,923. The average taxes per dwelling are significantly lower in Saint John than in the other two cities. Page 8 of 12 iE. Report on Long -term Financial Impact of Capital Program June 11, 2009 Equally as interesting is the information of the percent of average residential property taxes relative to after -tax income: Saint John — 3.8 %, Fredericton — 3.9 %, and Moncton 4.1%. As indicated earlier in this report, Appendix 2 summarizes the impact on the operating budget should the capital needs identified for the next four years be undertaken, completed and financed over this four -year time horizon. Suffice it to say, this is not a prudent path to venture down. The prudent approach in determining the appropriate level of capital expenditures is to determine a level of Debt Service that Council believes to be appropriate. Based on this level of debt service to be maintained, it is possible to work back using the assumptions on interest rates, length of borrowing and assessment base growth as well as current outstanding debt to determine the maximum amount of borrowings that can be incurred. This level of borrowing then determines how much can be spent on capital in any particular year. Based on current debt levels and assumed interest rate of 5.5% for debt to be funded over 15 years, the borrowing for the current and each of the next three years is summarized in Appendix 6. The available funding over this four -year time period is $120,000,000 which, based on the approach presented above means the City could spend $120,000,000 on capital over the next four years plus additional capital for funds contributed by others. As noted earlier, capital needs totaling $239,298,000 have been identified for this same four -year period. This results in what is termed a shortfall of $119,298,000. The adoption of this approach to determining how much will be spent on capital in any particular year will necessitate the prioritization of the capital requests on an annual basis. There is no doubt that this approach will cause concern; however, as noted earlier in this report and in the presentation in December 2008, it is not possible to undertake the magnitude of capital spending identified as required and stay within the fiscal constraints under which we operate. It is also important to understand that this level of capital spending is based on a set of assumptions as outlined above. Changing any of the assumptions will result in a change in the amount that can be spent. As an example, the borrowing term assumption is 15 years. It may be appropriate to borrow for a longer terms for a facility such as the Transit facility or the Police Facility. Facilities such as these have useful lives well beyond 15 years. If borrowing for such facilities were done over 20 or 25 Page 9 of 12 182 Report on Long -term Financial Impact of Capital Program June 11, 2009 years, then the annual debt service costs would be lower and as such additional projects could be undertaken. The Future — Where do We Go from Here This is about leadership, about making tough decisions, about changing how things are done. Earlier in this report, reference was made to the exercise of reducing expenditures to offset funding shortfalls. This has been the case whether the expenditures have been operating or capital. As highlighted in the Slack/Kitchen report, it is not about cutting expenditures — it is about increasing revenues. In Council's Orientation on the City's finances in July 2006 there was discussion about the need for a greater share of tax revenue. I have been told by staff members and others that this will never happen. It will certainly never happen if we do not bring the issue forward. If we have learned anything from the last 20 years it is that we cannot count on grants from the other levels of government to sustain our future. Reduction to the unconditional grant in the 1990's drove the tax rate up .20¢. The recommendation of the Finn Report that would have seen an additional $7 million in funding returned to the City. This report has been shelved. The inequity in tax sharing is demonstrated in the benefits blueprint expenditure analysis. It is not sufficient to have the senior levels of government commit to providing grants; there needs to be long term sustainable funding. Relying on grants causes problems on at least two fronts. Firstly, when times get tough, we usually get reduced funding. Secondly, the bureaucracy to qualify for and receive these grants is debilitating. The answer to ensure our ability to manage capital and also our operating budgets, is a greater share of the tax revenue collected in this country. This concession by the other levels of government will not come easily and will not come quickly, but it must come. Today's model is broken and must be fixed. This is not a new idea and it is not news. FCM have been preaching this since the 1970's. The Task Force from the PMO's office in 2002 concluded property taxes are not sufficient to allow municipalities to meet their obligations. This report recognizes that urban centers are the economic engines of this country and must be able to grow and prosper for the Page 10 of 12 183 Report on Long -term Financial Impact of Capital Program June 11, 2009 country to grow and prosper. The unfortunate reality is that despite the rhetoric, little has been done to alleviate this funding situation. In Section 5 - Estimates for Potential Revenues for Selected New Taxes of the Slack/Kitchen report, a discussion is presented related to Personal Income Taxes which states that "assuming that the federal and provincial governments keep their same tax structure and rates, ". Council needs to be clear that the author's are not recommending this approach nor does such an approach address the fundamental issue of the inappropriate share of total tax revenues being received by municipalities. The borrowings that we are making today have repayment terms that stretch out to 2024. If we do not initiate an aggressive campaign for a fairer share of tax revenue now, the future will continue to be a struggle economically as have been the last 20 years. As a community, we are well aware of the pitfalls of poverty and through initiatives such as the benefits blueprint program are attempting to address these pitfalls. This is a perfect analogy for the financial state of the cities in Canada. In the Slack/Kitchen report, the suggestion was made that a 1% surtax on provincial income tax would generate $1.1 million in additional revenue for Saint John. As opposed to a surtax, levy a 10% municipal income tax and reduce federal and provincial income taxes by a corresponding amount resulting in no increased burden to citizens but providing much needed funding to municipalities and at the same time taking off some of the pressure on property taxes as the primary source of revenue. It would be worthwhile understanding how the federal/provincial/municipal tax split would change as the result of the implementation of such an approach. If the 8% share of taxes that the City of Saint John generates is equal to $98,000,000 then does a 15% share of total tax revenues mean the City share would grow to $183,750,000? If this were indeed the case, there would be little need for grants from other levels. The problem with grants from other levels of government is that they can change or eliminate them at will. What is needed is an analysis of how the current 8% being received by municipalities can be increased without increasing the overall tax burden on citizens. Until such time as a new revenue sharing formula can be worked out, it is imperative that the administrative burden currently required to obtain and comply with federal and provincial grant funding (such as gas tax and infrastructure funding) be eliminated or at least significantly reduced. Page 11 of 12 184 Report on Long -term Financial Impact of Capital Program June 11, 2009 Conclusion There is a considerable amount of information contained in this report. Comprehension of this information is paramount to making informed decisions about the future. It is also obvious that there is not sufficient time available at open session to discuss this information. I extend the offer to the members of Council to meet one on one, or in groups of two or three to explain in greater detail the contents of this report. In terms of recommendations, there is the need as previously discussed to set up a committee of up to three councilors, the Commissioner of Finance, and either the City Manager or his designate to initiate discussions with the other levels of government for a more equitable sharing of tax revenues. There is a need to establish a multi -year capital budget that identifies the capital needs including the funding requirements and come up with a mechanism to prioritize these projects. Respectfully submitted, egory J /eons, CGA, MBA Commi ion nce 185 Page 12 of 12 Appendix 1 i:. + REPORT TO COMMON COUNCIL fl. June 5, 2006 CfW by Wat John Us Worship Mayor Norman McFarlane and Members of Common ccou cil YYour'War,ship and Councillors: I: L(mg Term )FInaneial QtJ'Nodk MRODUCTION ]hiring the 2005 Budget preparation process afl City DepaVmenEs, j3.Aards, Agencies and Conjnmissi(yn$ Wft asked to prepare and subrait 4eWletl estimates for a three year period 2005- 2007. D u dng the -206 Budget prpQess tbe, prOviously submitted estimates were refined and Council was presented with a 2006 Operating Budget and a preliminary Budget for 2007. The purpose of this report is to discuss, a number of items which have arisen since the preparation of the preliu navy 2006 Operating Budget wliob will challenge the .City's ability to maintain its ouacnt tax rate, In addition staff will pmen1t a lenger term overview of the City's fi ,coal picture. 2007 OPERATING DUj)QET In December of 2003 CM=On Council was presented with a prelirrunary estimate of the 2007 {operating Budget. StaiThas revised these estimate$ fpr44ect recent request a for funding and other factors based -on aetnal operatin# resu`it� to date. These revised estimates are attached as Appendix A. As can be seen from the Etttachrirent the preliminary estimates result in a property tax rate of $1.899 an increase of 1 DA cents or 5,79 %. hlcluded in these estimates are some significant changes from tho 2446 Budget year including the following items_ 187 CUO of Sg t John L008 T--FM Fin&nc}at Outtook June ,'i 2005 Page 2 1. Pension Elan fun g -- the estimates include Provision f or $1,550,000 to expwse a pardon of the funding required and paid for the years 2004 -2006. In addition there is provision for fimding required. in 2007ift the amount of S3,63S,000. 2. Police . .roraMjsgiQn -- estiajat l costs 050ri4ted wFth the addition of personnel regmsted by tbr, ,Police Commission during the 2006 Budget Procett are included in -the 2007 preliminary budget arnounts. 3. Road maWte tec the pftlx°katWry 2(147 estimates include provision for increasing tho amount o f mob:ey allocated for the as*It resurfacing program, This iS; part of a long- teen plan prepared by Municipal Operations showing a resources required to properly maintain the Oty's Toad network- 4, Cap}ltal'rom operatlug ` the $ mount allocated for capital has been iwcaW4 In OfM_ a Pe with: the .Ci. fy's long -twin financial plan aimed at reducing the CAY"k dependence on debt fif umririg for `recurring' capital -expvndihzes. It is Significant to note that the 1001lettiVO agreement with CUPP- Local l S (outside workers) expires on Decembor . 31, 2006, -CUPS Local 61 (police) expires on .Tune 30,.2007 and IAFF local'Ifii (�wfj&er,�) expires. on June 30., 2007. The police- agreement is of.particalar concern as wage settlements in -othex jurisdictions Dave been quite high leaving the -CiVs pay scario significantly behind comparative cotmunities. BEYOND 2007 Over the past several yeas staffhas been using a model for looking at the City's finan 'a' picture over a Mean to. twenty year iim*ame. The principal driver behind the original development nfthis model was the goal of Tedacing the City's reliance on debenture financing for its Ireeurring„ capital expenditures. Recurring Capita Expenditures The City's current capital psagram is made up largely of projects that are needed to maintain existing assets. The City has an extensive. array of services supported by a variety of infrastructure, fectlities and equipment, These capital assets require an on -going investment to ensure that the City sustains its ability to Provide services efficiently and effectively. This importance of this type of investment was clearly articulated in the Operational Review Report presented by Chartwell Inc. �_ cay of saw John Lortg Term F"A=eId Outlook JUMO V4, 2#06 Page 3 'MZ ftPga of #tot making these types ofimaestmnts is typically not seen in the OhIDII-te= h(jWeytr 6Ver time infrastructure'D W dderiorate and the Costs McciAtOd With teatoriftg A ill far oxeozd the coat of properly maintain ng the assets in questiou- The inveaWxiits re'quir'ed for these recurring' capital items are significant and w1, 11 be needed aMitally if service levela are to he maintained. Staffh4s previously estimated this roCluTitag. capital Aulftg `cgWrenteat at app, knately $14.5 mr7iion per yeu. In the CporatimW Review, Chartwrll Inc. came u� W—h aMounts ste of a similar magnitu. Rather than being incorporated in the Fi $Cal Services area of the City's Qperating g�I ed W t eats need to he properly incoaporateti into the an- din a s oia Wt h .af our sernir.IM so That Council and the pablir are g In 4 g open position to eve�luate the services attd to dOtemine alloeetion of limited rresourrm, Sines 2001 the City hat been fble to make some significaut tial steps in Phis regard. The City s budget now incorporates a full e<osti�g moeleX for bath flea and itporate -r mguf at `the Departmental Ievel. T trough this model opmong 4epartiutg ate charged both the ,00"st of naintaining there assets .as well as a charge for *rely replacement: lrr Addition since 2403 the -City's topecatiitg Budget:Us prouidod fir the fWl crost of our la�ourrdher d=,reVjrj bonuwing fWWs thraugla our capital Programs t9 pay for some of our labour exists, Fina�y there ha&. been im increased amto�mt allocated to- reounin capital co-$ itural in the City's Operating Budget. I ntotal ihese #ons have resulted in approximately $18 million dollars of ecurring capital expenses lacing incorporated into the City's purposed Operating Budget. for 2007. The goal of the long-term plan is tp slowly raise thia ama�i to the sum required to cover our zecurring capital.. It is currently estimated that this will achieved by 2020. . Long- Utmissaes The results of the &ancjqJ modeling acre presented in Appendix B. Aside ism dealing with the CaiVs recurring capital re uiremeaU $e,jong -tone fmaixcial consider. brings -to Iight a number of significant Points that Common Council should consider. I, Unvouditional Grant funding: Over the past few years the Province has been increasing the amount paid to the Litt' by approximately 2% per year. The amount to be paid by way Of the Unconditional Grant has been committed through to and including the 2008 fiscal year. There is no indication as to what action will be taken after that time. I:• Lily 6fSainr Jahn Long 'errrt FitnW44 Outlook A,�r�1e r, 2096 Page 4 2. AIWARtiEv-0 5aurces of Revenuer The on :going need for an uncogdifio gra4t from the Province �JnriplY highlights the fact that the services provided by thc City mot be PWPerlY funded by property taxation and ,der fee xcvetmes alone. As cari be seen in Appendix aB given the City's currently limited sources of revenue there is not suffiioierkt funds available to cover the on -going exPMSe,-- of the. City. With xao e � � t.� cux ven� generating capacity the long-term #end would r �QW8 Propc* tax rate ba grow by at lest 1.5 to 2 cczIts per yew. Our City as with every major urban .contee across this country needs. a source of revenue that is more closoly Iuued with economic activity in our community. A portion of Wes tax XUVe6,U,0 0x a percentage of income tax revCOuS would 4chieve this result and pl te, City in a muoh more viable 1049 -term financial position. 3, CaRltal Exlxenditures: In 2006 the City's Capital Budget WOS iAcrdlksed significantly resulting in an increase in our debenture financing requirements. If the capital Program remains at this bigh level our debt l is wR1 become unm_aua$eable. One major concern. as our debt, lcveIs Increase is our Vulnerability to increases in 16n,9 terror interest rates. 4. Wagc Cosh: Approximately So% of the City's Operating Budgot related to pers =el costs. Over thenext 5 -7 years the City can .expect thee costs t0 rise siguifiicatfay as the availability and coMjxeKti011 fQr skilled workers continues to rise. ime R CO�NDA'TON it is ===ended that this report be rev gved and filed. Respectfully §Wmlittr kn eau P. B.mkctt CA, Acting TrftWw in Appendix CRY of Saint Jahn Long -Terin FinancigJ Model June I, 2006 192 City Of Saitit John Lang Term Finaliciai Plan Tax Rate Implications Year Tax Rate increase cents o 2003 1.725 2054 ?D05 1.725 0:0 (0.00) 2006 1 jQ$ �.7s 7.0 4.OG 2097 1.899 0:0 10.4 -O. op 5.78 .20]]■/0J 8 1.922 2.3, ` 1.23 2010 1.SO 1.261 1,0 1.00 2011 1.979 2.0 1.8 1.03 0.02 2612 1.$6O AA (0.54) 2013 1488 2.0 1.00 2014 2.006 1.8 0.90 2015 2.023 1.6 0.82 2616 2.049 t9 0,94 2017 2.060 1.0 0:08 2018 2.078 1.8 0.88 2019 2.�20 0{+0� -7.4 (3.58) 2620 /4� 2:0 111 0_ 2021 2071 2.0$8 1.7 V4 0.86 2023 2.054 2.071 1.6 0.81 2024 2.087 1..7 0.81 2025 2.103 1.6 1.6 0.79 0.77 X426 2.119 1.6 0.78 2027 2028 2.135 1.5 0.73 2.150 1.5 0.71 193 City of Saint, jo,fm Long -Term Financial Mandel Key Assumptiarr, 1. 2003 2005 figures are actual approved budget for that year 2. One time funding received from the Pravince in 2004 has been etlmirra#ed for 2005 and beyond. 3. For 2007 and beyond the f0DOWtho factors have been appfred: OrroTating Experlditurat- Nan Tax Revenue - 3.25% Unconditional Grant - D fta Tax Base - OaOa 3t 4. Capital Program Expenditures reflect amounts needed to sustain a viable capital the same time moving torn►afds ,�Ilmirlation of debt financlna for recurring capital program while. at To far pmgmm. aaplfal expenditures provided for udder this program is as fplloWS: Recurring °othar Total oOplt41 CQphai caftal Program Prog arm Expenses 2403 2004 9,.26,000 2,613,000 12,133,000 2005 14, 00,000 14,�ao,DOa 14,,500,000 2QQG 2007 1�a421,0$7 = 14,x;000 it42'f,r7 1-7,42-f,%7 20"QS 14,5QD,<OQ0 - 14, Q4,Qt3D 14,�Q0,C�0Q 200 2011 Q 14.5QR,tfRO 141$00�OOO 14,560,bg0 11 14,$QD„V00 - 14,6t0,0Q0 14 500 000 2012 2013 - 14,50D,000 14,500,00D 14.,041 ;00¢ 2414 14,500,0.00 14,0Q,OD0 - 14,500,000 201 0 201.E 14.5b0,(�Q0 14,600,000 14,500,000 20 7 14,QU,OQa 14,500,000 14,500,aaD 2018 2419 14,500,000 14,500 ,Ci�]A 14, 500,000 2020 13,200,000 15;200,000 14,504,00 2021 14,00(1,000 1$.200,000 - 16,900,Mor 194 0 ��vp ao aas� g vi rt. - rft+r�rdf�C O6F`�fQtbaRci4i 4 0i Al 4rrrCl Q 2kV 0 4- rrN O0fGi`QG7(`�r� ter N� �DeF Q1 �D 1�- O l� Q .0 r k-. p) [� Q I� r 1ti Il} O]At^ Cl) frG.QC71wG0 Q CYr rpp NQp Lt7 Op r CD LO r CL3 IN f tP Ir r' N' 90 N t6 T" ,Q tp� ti (Q ECi�) 4 'm T h jY7 }ii LT O NJ �`? tp to (a � n- O r et Cal CtY tFx Vt tl- C} sf C11 r tti G[i [p s= N r co J-D O r- iM) i- w m tf! Lain Q CG! v--,qt to N t- 0�7 O N st ctI GD Q ial t- C) tp V qt et . UL� C6 La , 1Q cc 't+o tsi ° tq " b h h se co 06 r+ tll M" MN Ka 1) OaN LISA Y t�l Ga st t`A iF7 �.-. ppvco NU, m.Uait r OC•JrTl htDO 9` :%O Q ^S1 fi ItN I c w- C]QOOtF m tpC� C7qt V Q,Lc 0 �r j F� t� r� �o to tv r, ao U) ei � r t1 +e�' �+7 to �t MUD V- ,w- to ew t L Cif v corn M ! to Q Q? !� M r [c7 liY ib ra A O ,a CCa r Lfy S Q 0? of A r N t- r C% a>t C*7� 60 fl * cS ` � + COQ1t�bJ*CV tbt73Y7(D4L17 #71� Ln ch tDt7hN 0?to �. Q tQ 94 ti oD m EIS W 0? Q? F T N Flt 77 r-r r,rr7"'1,- r'r rrt'r -r t3}I��tV 14N NN C'UN.N N NN N NtV'N.CYJNCV N NiNCVN r ark Ch t0 Gp ? t� CC C1Q. PD Ca CD. oW�. 004 � 4�0a m pq 03; CZ q- aD fl0 3 ' �i� *Q ac} "sh t `d t7i 'tom A 90 C77 a3 t7T t77 t� Q1 cn c i m Q Im Ci t31 W or o] vi m C? 0) 1C cpohc+)vcpsfopCDltpcacD coc�aDcvtc�Ar.�csr�a��Q" �asC � 4.� m z is C tAC� a0 [lot (00, � q7 � � 4 } � � � [t7 � 4'7 10 I C*1 N C rti r m w F� C4 LC) 4] in co f4- [ii T- m .� s r �1T G�J P+ T- ti[? It M T` r lf� Q � c C6 G E C. , �c,a 475 h Lq to o ti Iti �4D oo QI as stce r r N 04 to char O� _C7C[3lNtik O�?Ota iNC'1t9oo,N(Na_1�pN to C 0 c r CAF N O tip m ti W C6 � 1 !cl th p fh�-i}� {t],JJ i+ t] �' tC Q> h to Co l(7 N N r- 1� O 0 f%% a � p � tQ l`� I � C' y �1 � f Id b; M 1+ � CCy � N � .rA 1p wry= cr ce "m F � fV 46 W r r r r r r r t- r r r r r T^ T r r r r r r N N N om .98' - �rr bold? Cr]QJDCta LA Q w. tlt � �r � pT� N h C' t [��f OY � � � � � �� fG t� dm NCiW'CQQNCGO4Q S��Crl rrY�]r4, hhLo 1` m li] CA C�] c� C] C', �p SC1 tp Lb .tG CD, N CCS tD At�atsco t3Jt75Ot7C7rr�N[��[NciN r. r40Cy�t�(��jj LLl r r-rrr t-r TT r=- T2CktlxCa�CQ 8to0 LoLoMmtip rrr C t71 Ohi Ct L'�mtor 0�LO0w N Lt7 � oD to L1> aD r L I I I I I I I N C+7 cal C3 L70 r" � tfY Cos 147NO)ppR+]MLinN SaSL9 p LL ki A a0 L h Ic r-_ to Oi iL r to LA LQ W q 1p * ,t US LD to 0 002 Cr*i Ls Ll]N f• rpCD"1c�.�frD siird}St'Nd I w 7 LO +t 7 MOrca po, m N D4� t iQo at O 8to 0 C30 W �tD IMP C Ct� r1l �r Cm +i o t!1 GD cri st Lp Liz tta 1': co Cb 0 C73 a C; r w h CD 95 p d. W r r r r r r r r r r r N N N N N N N cat N N C:t N N C10OOCd0 OOOOflOOOOOOO�OOCOO C*t N CSI N N N N N N N N N N (V N eat N cV N CV N N N N N N LO rn ILL ' REPORT TO COMMON COUNCIL July 4, 2006 His Wors* Mayar Norman McFarlme and Members of Cominon Couneff Xonr WgrgMp and Cquncailors; HE: FinnAdal Reporthtg & Wation Plan Ad.Wor�rtinrz nn Tie MY o"W" krbn During the present ion of the anfiuill Audited Financial Statements to Common Council on 1 ay 23, 2006 and more roeently at the meeting of Common Council on J=e 6, 2(*6 a tzumbPr of s%tements have been made ieh into question die secYUa�cy of tinfpxmatian presented to Council and the integrity of the Citrs professional std' and our indepeWcut Visors. Left unchallenged these statements leave an impression with the public that they may have some validity. This is simply unacceptable and is the reason behiva my wntiug to Council at this time, Financial Reportimg During the dxacussi on On th6 2005 Audited. Fiaaricial Statements, Couitciljor Ferguson stated that "there are Terrors atd differenew in the Financial Statements and no referenced explaiaativn or lbotnote." It is the responsibility of the City's Finance Cgnm S&ioner to ensure that ac+eurate and tuWely fi cial WOrmatian is preSez�ted to mmOx� Council and the Pry lie, With regards es annual izpanCial reporting, the PTOViAce of New Brunswick through Regclation prescribes the standards that a murricipalityy in, this Pro`Vil ce must adhere to in preparing Financial Statements. Once prepared., our annual financial statements are audited by an independent third party professional accounting firm hired by Common Council_ The purpose of their engagement is to provide a written report to Council that the Financial statements Prepared by management present fairly and 1easenably the financial position of the City in accordance with the prescribed reporting st=dards. , As a result of their work on the financial statements for the year ended. December 31, 2005 the City's auditors did not find any mrors in the financial stat=Mts except M relates to the failure to rmora the, sQ iveacy fimdinF Plan. , payments due to the City's Pen$joa If CO"nodk'r Fe%Ug0Ah9s specific in%nnatiOft that he feels dftcwtrates kft ftTdr in the financial en it reporting. t 1h is incumbent. on him to table it with Common Council so that it can be propaly assessed and addressed. In the absence of such information I feel that the cmucillor's earlier comments should be; publicly withdrawn so as to reMovo auy qufttiOn regard ing the credibility ofthe financial staterderits, and the -work pa%rmed by City staff and the Oys auditors. Pension Plan FtmdHmg Oze area that W drawn considerable disQwsion in relation tothefm=ciaj statements is the recording of a portion, of the PewiovL Plan special payments owing in both the G=eraLFutaatW 111O Water & Sewerage Utility, Them is CIMIY c0lifusionoverihis matter that I will attemptto afteqs. In the 2004 Financial $tatemetits there was no recording of any amount related to. funding Of the City's Pension Plan- This action was taken as the Actuarial valuation had not been completed and discussions vvem still On-going with the Province relative to possible exenlPtioji from Me fading r4iAquirmenjs, At the time of preparing the 200-5 fmancial statements it was clear that the City had an. obligation to fund at least the going- concern portion of the pension plan ffindhig. As -a result them was a requiremcat to record the expense associated with tha 1004 and 2005 mounts due, to the l,ensjon*plan. The total amount Owing. for the two years was 159- Tbi& total amount Ming to the Pension Plan was split between the General Pmd and the Water & Sewerage Utility on the basis of percentage of payrdli associated with each entity. The decision to record the .amount owing to the Pension Plan was not an arbitrary decision of management. In accordance -with generally Accepted Accounting Standards tire amount -Ming to the Fmsion Plan had to be recorded in this mariner. At the same time City staff had sent a request to the Province for an exemption from the Municipal Accounting and Reporting ,Standards to allow for recording of the amounts owed for 20D4-2006 inclusive aver a period not to exceed seven dream. This, action, vm taken in an attempt to havo our recording Practice match the budget actions approved by Common Council as part of the 2006 Budget Process. Approval was received for this request and the financial statements were Adjusted amordingly. 197 Pens%. Plan A.dm istration 13y far the most disturbing comment to date was reference by CauncilWrFoCgusw that he hoped we did not havc a `'San licgo situa oil' here. The situation rereixed to is a case of Possible cxtoTfion from that City's: lP`eAsion. Platt by two memhers of C!Oaft ll. This type Of casual infe=M to sefiOua criminal activity is deplorable. Great effort is put into safeguar&n.$ the City's Pension funds. All monies axe.held by a tl*d, party auatodiau, Royal Trust. All investments are made by professioAal investment managers hired by the Plan's ,Boar(. of Trustees based on their experdg�e anti perf0mance recc»rd. The PuBd is also audited on an annual basis and must file detailed repot with both Provincial and Fedexal regulatory bodies. COuneillorF.ezgas©nrs concerts SWn td have arisen over informadon provided by staff related to the costs of the 2002 Early Retir=ent Program, Courwilim Ferguson has noted that he has proof that the actual costs to the City's Pension Plan. are significantly Mott than the amounts reported by staff', As with the Financial Staternerat information noted earlier it is incumbent an .Councillor Ferg icon to prrovide Council with any and all information be may have. The pulblic's h*Test can only be served if'this infori Ation is presented and properly reviewed to deterMi to if in fact it has any validity. Respectfully submitted, �011 /%M:S- Andrew P. BoOkett C.A. Acting Treasurer 1w. Appendix 2 1 CITY OF SAINT JOHN DEBT CAPACITY IMPLICATIONS OF CAPITAL PROGRAM 200 v w 0 N ar rn 0 a 0 N 0 00 M co r O O 0 O CD CV) O O CD C) M m cM co M (D co N CA N d O r- O C'i C7 M c"i d CO 00 N N Cfj T- N L O CC] cC'7 � Cr) M CMY! co M (DD_ W) .� .� 'a CD N d CND N O L6 O M 0 r ° c*i OO (DMcm co O cci co tt M Q N O v M M O N O fD r O CCU O m(D ccn co O CNf) O N v v L6 C7� N s- to co O 1- c n C. 0 0 cn co O d d O co Cr/ 0 O cD co O N m 0 1l_ iD m CD O coo 00 M co M r d co r CCi M C> Oct ` N V) L In r ` r r co `f ,"' U CD 1., r � ` Z O m 7 W d O O O I� I c+7 c7 \ o O H COD Q (OD N cm d LO a L o ti LO d r N N W d o C3 co OM? ..... CO COO LL F+ N cD LO N 0 zLU }0�- VJ ; LL O O 0 OO O 0 O C7 O o 0 d 0 O O C Ce) co CA O O 0 00 N I;r O r O M O N C^) .... (D ti 00 N LO ti 00 cr N M �t N 1'- 00 CA O CU O d O r r C_ ip CU m O e C p c aD)o V m v� o o o 0 d `° m� ` ``' ao c "� � m .0 -0 -0 � �, "gyp ]+ a 0 CL "� C C. co w m c ca W Z Z Z Z Z jd C t ` ro y CL O m a H w Q U v w 0 N ar rn 0 a 0 N w 0 co aD cn m IL N O N °O CD O M o m N c+7 O M Co co v co O .-. O O O O O LO C9 O m O O Ln N O W O CD w CD ti. chi N N L C) .—. O (D O O O � O T" O CT l C6 Lo cli N LO � O O 00 O Or! c co cc o L L j O co Z O 2 Z N O O O O � N O O O O 0� F -) CeW o a CY) o ri O o O o O co O cri Z l le N oc P-i. O O L L) LO O N I— W m Q T- ti � N CN L" r co oar U ;> O O O O C\ O O o o c o a N 00 O O W O O O L6 N O r Ln N N y E b os 0 � a m cc .r �«- Co a) V m Co N CD CL a) m U= Vj m •- U O V L a� p Q. CD a) L cc U O .0 0 C m IL C CL 0 U a axi a) `o V d L 0 Z �0 H O H N O N It 0 v w m 0. Cl) O N CD CD Cr7 N Cn 0) 1` CD w o C14 N ° N C7 oo 0 � o m ri c co T O V- O os N Cn r cn co V N CD LO w col r r r' 0 O O Q r r N T- Lo r N T ti N N O cf) T O C O T Q O r N d' O O O 0 r o N M cv Q m � co a m w r T L f` a r co N O O1 co T Ol LO ti O o N co It co O ti [f) Lp CD ti Ch r T T C*] T O T" CO O CD T l() CO Cp ti _ oU) O N co c° 1- C*) CD T 00 O r- N O T CA Z V LL of o �' U m E U N =1 CV C a. C O H O cu Cif ❑ Cl) O N Appendix 3 204 CITY OF SAINT JOHN BUDGET PROJECTIONS 2010 - 2012 205 THE CITY OF SAINT JOHN 2010-2012 BUDGET PROJECTION SUMMARY 2010 2011 2012 TOTAL EXPENDITURES $134,012,593 $141,150,071 $146,832,182 LESS: NON -TAX REVENUE 9,283,630 9,292,253 9,316,490 124,728,963 131,857,818 137,515,692 UNCONDITIONAL GRANT 19,499,823 19,499,823 19,499,823 NET BUDGET 105,229,140 112,357,995 118,015,869 TAX DENOMINATOR $5,895,638,000 $6,293,594,000 $6,611,420,000 TAX RATE 1.7850 1.7850 1.7850 Required tax base growth to maintain current tax rate: 7.05% 6.75% 5.05% 206 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS Page 3 of 7 EXPENDITURES 2010 2011 2012 DEPARTMENTISERVICE MAYOR'S OFFICE 230,105 239,309 248,881 COUNCIL 440,338 457,952 476,270 LEGISLATIVE SERVICE - 670,443 697,261 725,151 CITY MANAGER 560,444 582,862 606,176 CORPORATE PLANNING 749,585 779,568 810,751 COMMUNICATIONS 562,792 585,304 608,716 COMMON CLERK 865,020 899,621 935,606 FINANCE 1,796,533 1,868, 394 1,943,130 LEGAL 791,307 822,959 855,877 GENERAL ADMINISTRATIVE SERVICE 5,325,681 5,538,708 5,760,256 MATERIALS MANAGEMENT 1,081,593 1,124,857 1,169,851 HUMAN RESOURCES 1,477,274 1,536,365 1,597,820 PUBLIC SAFETY COMMUNICATIONS CENTRE 2,263,451 2,353,989 2,448,149 INFORMATION TECHNOLOGY 2,026,216 2,107,265 2,191,556 FLEET SERVICES 771,062 801,904 833,980 ADMINISTRATIVE SUPPORT SERVICE 7,619,596 7,924,380 8,241,356 FIRE SERVICE EMERGENCY MANAGEMENT SERVICE BUILDING & INSPECTION SERVICES FACILITY MANAGEMENT CARPENTRY SHOP CITY MARKET CITY HALL BUILDING BUILDINGS AND INSPECTION SERVICE 207 21,268,300 22,119,032 23,003,793 322,838 335,752 349,182 1,609,896 1,674,292 1,741,264 1,074,038 1,117,000 1,161,680 516,052 536,694 558,162 934,230 971,599 1,010,463 1,546,616 1,608,481 1,672,820 5,680,832 5,908,066 6,144,389 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS EXPENDITURES MUNICIPAL OPERATIONS ADMIN INFRASTRUCTURE MANAGEMENT ENGINEERING & GROWTH TRAFFIC ENG & SYSTEMS SNOW CONTROL STREETS SNOW CONTROL SIDEWALKS STORM DRAINAGE STREET CLEANING (Included in Clean Saint John) CLEAN SAINT JOHN STREET SERVICES MUNICIPAL OPERATIONS - PUBLIC WORKS SERVICE COMMUNITY PLANNING REAL ESTATE G I S HERITAGE PLANNING ADVISORY COMMITTEE ENVIRONMENT COMMITTEE Page 4 of 7 2010 2011 2012 1, 728, 841 1,797, 995 1,869,915 316,157 328,803 341,955 455,151 473,357 492,291 1,383,101 1,438,425 1,495,962 5,249,965 5,459,964 5,678,363 696,148 723,994 752,954 2,332,379 2,425,674 2,522,701 0 0 0 5,506,275 5,726,526 5,955,587 5,631,561 5,856,823 6,091,096 23,299,578 24,231,561 25,200,824 1,463,607 428,246 306,931 242,175 13,292 4,723 PLANNING AND DEVELOPMENT SERVICE 2,458,974 ADMINISTRATION 854,115 FACILITIES 1,416,147 ARENAS 1,223,321 LANDSCAPE 1,943,437 WEST DISTRICT 334,642 CENTRAL DISTRICT 582,898 EAST DISTRICT 398,440 PRO KIDS 81,688 CONTRACTED SERVICES 146,300 SUBSIDIES: FACILITY USAGE 201,017 Loch Lomond Community Centre 35,000 RECREATION COMMUNITY GROUPS 37,620 LEISURE SERVICE 7,254,625 208 1,522,151 1,583,037 445,376 463,191 319,208 331,976 251,862 261,936 13,824 14,377 4,912 5,108 2,557,333 2,659,625 888,280 923,811 1,472,793 1,531,705 1,272,254 1,323,144 2,021,174 2,102,021 348,028 361,949 606,214 630,463 414,378 430,953 84,956 88,354 152,152 158,238 209,058 217,420 35,000 35,000 39,125 40,690 7,543,412 7,843,748 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS EXPENDITURES SERVICES DELIVERED BY OTHERS POLICE - PROTECTIVE SERVICE ECONOMIC DEVELOPMENT SERVICE REGIONAL ECONOMIC DEVELOPMENT (Enterprise saint John) SAINT JOHN DEVELOPMENT CORPORATION WATERFRONT DEVELOPMENT PARTNERSHIP SAINT JOHN INDUSTRIAL PARKS LTD MARKET SQUARE - COMMON AREA COSTS SAINT JOHN TRADE & CONVENTION CENTRE HARBOUR STATION TOURISM PROMOTION SERVICE ARTS AND CULTURE IMPERIAL THEATRE SAINT JOHN ARTS CENTRE ARTS AND CULTURE BOARD PUBLIC ART RESERVE FUND CULTURAL AFFAIRS OFFICE COMMITMENT TO CULTURAL CAPITALS IMPERIAL THEATRE CAPITAL CAMPAIGN SAINT JOHN THEATRE ARTS RECREATION/LEISURE SERVICE LORD BEAVERBROOK AQUATIC CENTRE SAINT JOHN HORTICULTURAL ASSOCIATION CHERRY BROOK ZOO 209 Page 5 of 7 2010 2011 2012 22,922,118 23,839,003 24,792,563 446,548 464,410 482,986 182,875 190,190 197,798 109,725 11 4,114 118,679 329,175 342,342 356,036 2,082,199 2,165,487 2,252,106 585,961 609,399 633,775 392,884 408,599 424,943 1,045,738 1,087, 568 1,131, 071 5,175,105 5,382,109 5,597,394 325,516 338,537 352,078 36,823 38,296 39,828 100,000 100,000 100,000 25,000 25,000 25,000 111,562 116,024 120,665 150,000 25,000 25,000 25,000 642,857 662,571 773,901 147,032 152,913 159,030 343,000 356,720 370,989 52,250 54,340 56,514 542,282 563,973 586,533 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS EXPENDITURES SERVICES DELIVERED BY OTHERS SPECIAL EVENTS: MANAGEMENT SERVICE LOYALIST HERITAGE FESTIVAL JAZZ AND BLUES FESTIVAL FESTIVAL de la BAIE FRANCAIS OTHER OLYMPIC TORCH RELAY- COMMITMENT MADE ACADIAN GAMES - CITY PROPOSAL ACCEPTED SOCIAL DEVELOPMENT SUPPORT SERVICE LIBRARY UNBSJ CAPITAL CAMPAIGN SENIOR CITIZENS CENTER ( free rent) HUMAN DEVELOPMENT COUNCIL (free rent - 8,000) P.R.U.D.E. ( free rent) ABILITY ADVISORY COMMITTEE SEAFARER'S MISSION YOUTH OTHER NEIGHBOURHOOD DEVELOPMENT KEY INDUSTRIES NON - PROFIT HOUSING ASSISTANCE PROGRAM HOSPICE PUBLIC TRANSIT SERVICE SAINT JOHN TRANSIT OPERATING SAINT JOHN TRANSIT DEBT OTHER WATER SUPPLY & HYDRANTS STREET LIGHTING PROPERTY ASSESSMENT LIABILITY INSURANCE PARKING ADMINISTATION SUPPORT ANIMAL & PEST CONTROL 210 Page 6 of 7 2010 2011 2012 3,135 3,260 3,390 15,675 16,302 16,954 5,225 5,434 5,651 62,700 65,208 67,816 25,000 520,201 541,009 111,735 90,204 93,811 5,854,794 - 427,604 444,708 462,496 200,000 200,000 200,000 32,395 33,691 35,039 50,160 52,166 54,253 22,990 23,910 24,866 3,135 3,260 3,390 1,568 1,631 1,696 1,568 1,631 1,696 0 0 0 156,750 163,020 169,541 30,000 30,000 30,000 25,000 25,000 25,000 951,170 979,017 1,007,977 4,433,852 809,383 4,611,206 841,758 4,795,654 875,428 5,243,235 5,452,964 5,671,082 2,280,000 2,470,000 2,710,000 1,045,000 1,086,800 1,130, 272 1,179,128 1,258,719 1,322,284 700,150 728,156 757,282 500,193 520,201 541,009 150,323 156,336 162,589 5,854,794 - 6,220,212 6,623,436 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS EXPENDITURES FUNDING OF THE GOING CONCERN PENSION LIABILITY FUNDING CHARGE 2004, 2005, & 2006 CURRENT YEAR SPECIAL PAYMENT ADDITIONAL EMPLOYEE CONTRIBUTIONS NET COST TO CITY SPECIAL PAYMENT NET IMPACT PENSION FUNDING FISCAL CHARGES DEBT PAYMENTS CAPITAL FROM OPERATING FLEET AND COMPUTER REPLACEMENT 2nd PREVIOUS YEAR DEFICIT FISCAL CHARGES TOTAL EXPENDITURES 211 Page 7 of 7 2010 2011 2012 1,765,136 1,691,886 4,777 3,257,750 3,362,341 5,157,414 (300,000) 0 0 2,957,750 3,362,341 5,157,414 4,722,886 5,054,227 6,162,191 13, 814, 500 16, 070,000 16,706, 300 13,814,500 16,070,000 16,706.300 134, 012, 593 141,150, 071 146,832,182 7,072,644 7,137,478 5,682,111 CITY OF SAINT JOHN BUDGET PROJECTIONS 2010 - 2012 With expenditure increases of 2.5% in 2010 and 4% in 2011 and 2012. 212 THE CITY OF SAINT JOHN 2010-2012 BUDGET PROJECTION SUMMARY 2010 2011 2012 TOTAL EXPENDITURES $131,862,847 $138,914,828 $144,507,269 LESS: NON -TAX REVENUE 9,283,630 9,292,253 9,316,490 122,579,217 129,622,575 135,190,779 UNCONDITIONAL GRANT 19,499,823 19,499,823 19,499,823 NET BUDGET 103,079,394 110,122,752 115,690,956 TAX DENOMINATOR $5,774,476,000 $6,170,028,000 $6,481,614,000 TAX RATE 1.7850 1.7850 1.7850 Required tax base growth to maintain current tax rate: 4.85% 6.85% 5.05% 213 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS EXPENDITURES 2010 2011 DEPARTMENT/SERVICE Page 3 of 7 2012 MAYOR'S OFFICE 225,701 234,729 244,118 COUNCIL 429,040 446,202 464,050 LEGISLATIVE SERVICE 654,741 680,931 708,168 CITY MANAGER 549,718 571,707 594,575 CORPORATE PLANNING 735,239 764,649 795,235 COMMUNICATIONS 552,021 574,102 597,066 COMMON CLERK 848,464 882,403 917,699 FINANCE 1,762,149 1,832,635 1,905,940 LEGAL 776,163 807,210 839,498 GENERAL ADMINISTRATIVE SERVICE 5,223,754 5,432,706 5,650,013 MATERIALS MANAGEMENT 1,060,892 1,103,328 1,147,461 HUMAN RESOURCES 1,449,000 1,506,960 1,567,238 PUBLIC SAFETY COMMUNICATIONS CENTRE 2,220,132 2,308,937 2,401,294 INFORMATION TECHNOLOGY 1,987,437 2,066,934 2,149,611 FLEET SERVICES 756,304 786,556 818,018 ADMINISTRATIVE SUPPORT SERVICE 7,473,765 7,772,715 8,083,622 FIRE SERVICE 20,861,251 21,695,701 22,563,529 EMERGENCY MANAGEMENT SERVICE 316,659 329,325 342,498 BUILDING & INSPECTION SERVICES 1,579,084 1,642,247 1,707,937 FACILITY MANAGEMENT 1,053,483 1,095,622 1,139,447 CARPENTRY SHOP 506,176 526,423 547,480 CITY MARKET 916,350 953,004 991,124 CITY HALL BUILDING 1,517,015 1,577,696 1,640,804 BUILDINGS AND INSPECTION SERVICE 5,572,108 5,794,992 6,026,792 214 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS Page 4 of 7 EXPENDITURES 215 2010 2011 2012 MUNICIPAL OPERATIONS ADMIN 1,695,753 1,763,583 1,834,126 INFRASTRUCTURE MANAGEMENT 310,107 322,511 335,411 ENGINEERING & GROWTH 446,440 464,298 482,870 TRAFFIC ENG & SYSTEMS 1,356,631 1,410,896 1,467,332 SNOW CONTROL STREETS 5,149,487 5,355,466 5,569,685 SNOW CONTROL SIDEWALKS 682,824 710,137 738,542 STORM DRAINAGE 2,287,741 2,379,251 2,474,421 STREET CLEANING (Included in Clean Saint John) 0 0 0 CLEAN SAINT JOHN 5,400,892 5,616,928 5,841,605 STREET SERVICES 5,523,780 5,744,731 5,974,520 MUNICIPAL OPERATIONS - PUBLIC WORKS SERVICE 22,853,655 23,767,801 24,718,512 COMMUNITY PLANNING 1,438,466 1,496,005 1,555,845 REAL ESTATE 420,050 436,852 454,326 G I S 301,057 313,099 325,623 HERITAGE 237,540 247,042 256,924 PLANNING ADVISORY COMMITTEE 13,038 13,560 14,102 ENVIRONMENT COMMITTEE 4,633 4,818 5,011 PLANNING AND DEVELOPMENT SERVICE 2,414,784 2,511,376 2,611,831 ADMINISTRATION 837,768 871,279 906,130 FACILITIES 1,389, 044 1,444,606 1,502,390 ARENAS 1,199,908 1,247,904 1,297,820 LANDSCAPE 1,906,242 1,982,492 2,061,792 WEST DISTRICT 328,238 341,368 355,023 CENTRAL DISTRICT 571,742 594,612 618,396 EAST DISTRICT 390,814 406,447 422,705 PRO KIDS 80,124 83,329 86,662 CONTRACTED SERVICES 143,500 149,240 155,210 SUBSIDIES: FACILITY USAGE 197,170 205,057 213,259 Loch Lomond Community Centre 35,000 35,000 35,000 RECREATION COMMUNITY GROUPS 36,900 38,376 39,911 LEISURE SERVICE 7,116,450 7,399,710 7,694,298 215 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS Page 5 of 7 EXPENDITURES 216 2010 2011 2012 SERVICES DELIVERED BY OTHERS POLICE - PROTECTIVE SERVICE 22,483,417 23,382,754 24,318,064 ECONOMIC DEVELOPMENT SERVICE REGIONAL ECONOMIC DEVELOPMENT (Enterprise Saint John) 438,002 455,522 473,743 SAINT JOHN DEVELOPMENT CORPORATION 179,375 186,550 194,012 WATERFRONT DEVELOPMENT PARTNERSHIP 107,625 111,930 116,407 SAINT JOHN INDUSTRIAL PARKS LTD 322,875 335,790 349,222 MARKET SQUARE - COMMON AREA COSTS 2,042,348 2,124,042 2,209,004 SAINT JOHN TRADE & CONVENTION CENTRE 574,746 597,736 621,645 HARBOUR STATION 385,365 400,780 416,811 TOURISM PROMOTION SERVICE 1,025,724 1,066,753 1,109,423 5,076,060 5,279,103 5,490,267 ARTS AND CULTURE IMPERIAL THEATRE 319,286 332,057 345,339 SAINT JOHN ARTS CENTRE 36,118 37,563 39,066 ARTS AND CULTURE BOARD 100,000 100,000 100,000 PUBLIC ART RESERVE FUND 25,000 25,000 25,000 CULTURAL AFFAIRS OFFICE 109,427 113,804 118,356 COMMITMENT TO CULTURAL CAPITALS 150,000 IMPERIAL THEATRE CAPITAL CAMPAIGN 25,000 25,000 25,000 SAINT JOHN THEATRE ARTS 764,831 633,424 652,761 RECREATION /LEISURE SERVICE LORD BEAVERBROOK 144,218 149,987 155,986 AQUATIC CENTRE 343,000 356,720 370,989 SAINT JOHN HORTICULTURAL ASSOCIATION CHERRY BROOK ZOO 51,250- 53,300 55,432 538,468 560,007 582,407 216 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS EXPENDITURES SERVICES DELIVERED BY OTHERS SPECIAL EVENTS: MANAGEMENT SERVICE LOYALIST HERITAGE FESTIVAL JAZZ AND BLUES FESTIVAL FESTIVAL de la BAIE FRANCAIS OTHER OLYMPIC TORCH RELAY- COMMITMENT MADE ACADIAN GAMES - CITY PROPOSAL ACCEPTED SOCIAL DEVELOPMENT SUPPORT SERVICE LIBRARY UNBSJ CAPITAL CAMPAIGN SENIOR CITIZENS CENTER ( free rent) HUMAN DEVELOPMENT COUNCIL (free rent - 8,000) P.R.U.D.E. (free rent) ABILITY ADVISORY COMMITTEE SEAFARER'S MISSION YOUTH OTHER NEIGHBOURHOOD DEVELOPMENT KEY INDUSTRIES NON- PROFIT HOUSING ASSISTANCE PROGRAM HOSPICE PUBLIC TRANSIT SERVICE SAINT JOHN TRANSIT OPERATING SAINT JOHN TRANSIT DEBT OTHER WATER SUPPLY & HYDRANTS STREET LIGHTING PROPERTY ASSESSMENT LIABILITY INSURANCE PARKING ADMINISTATION SUPPORT ANIMAL & PEST CONTROL 217 Page 6 of 7 2010 2011 2012 3,075 3,198 3,326 15,375 15,990 16,630 5,125 5,330 5,543 61,500 63,960 66,518 25,000 110,075 88,478 92,017 419,420 436,197 453,645 200,000 200,000 200,000 31,775 33,046 34,368 49,200 51,168 53,215 22,550 23,452 24,390 3,075 3,198 3,326 1,538 1,600 1,664 1,538 1,600 1,664 0 0 0 153,750 159,900 166,296 30,000 30,000 30,000 25,000 25,000 25,000 937,846 965,161 993,568 4,348,994 4,522,954 4,703,872 793,892 825,648 858,674 5,142,886 5,348,602 5,562,546 2,280,000 2,470,000 2,710,000 1,025,000 1,066,000 1,108,640 1,154,895 1,234,006 1,296,323 686,750 714,220 742,789 490,620 510,245 530,655 147,446 153,344 159,478 5,784,711 6,147,815 6,547,885 CITY OF SAINT JOHN 2010 - 2012 BUDGET PROJECTIONS EXPENDITURES FUNDING OF THE GOING CONCERN PENSION LIABILITY FUNDING CHARGE 2004, 2005, & 2006 CURRENT YEAR SPECIAL PAYMENT ADDITIONAL EMPLOYEE CONTRIBUTIONS NET COST TO CITY SPECIAL PAYMENT NET IMPACT PENSION FUNDING FISCAL CHARGES DEBT PAYMENTS CAPITAL FROM OPERATING FLEET AND COMPUTER REPLACEMENT 2nd PREVIOUS YEAR DEFICIT FISCAL CHARGES TOTAL EXPENDITURES 218 Page 7 of 7 2010 2011 2012 1,765,136 1,691,886 4,777 3,257,750 3,362,341 5,157,414 (300,000) 0 0 2,957,750 3,362,341 5,157,414 4,722,886 5,054,227 5,162,191 13, 814, 500 16, 070, 000 16, 706,300 13, 814, 500 16,070, 000 131,862, 847 138, 914, 828 16,706,300 144,507,269 4,922,898 7,051,981 5,592,441 3.88% 5.35% 4.03% Appendix 4 219 i 8. Provincial and Municipal Property Tax Accountability In recent years, concern has been raised that property tax revenues have increased significantly faster than Inflation. With increased assessment values over time, property tax revenues often increase beyond the cost of providing local services. During periods of rapid assessment growth, governments that hold property tax rates constant receive windfall revenues from the increase in property values. This is most pronounced in areas of strongest economic growth where the increase in the market value of properties can far exceed increases in the cost of providing local services. This escalation also occurs with provincial property taxes, placing an increased property tax burden, overtime, on all taxpayers, and particularly on those with fixed incomes. Government is committed to addressing this issue and making property tax revenue increases more transparent. The Budget introduces a mechanism to improve the accountability to taxpayers for both provincial and municipal property taxes. With this mechanism, an accountability adjustment factor will apply to both provincial and municipal property taxes. Increased revenues from growth In the assessment base associated with inflation and new constructlon will continue to automatically flow to municipalities and the Province. However, in order to gain access to the revenues from assessment base growth exceeding Inflation and new construction, municipalities or the Province will need to put any proposed tax Increases forward publicly, and to a vote by either municipal council or, in the case of the Province, a vote in the Legislature. The first step in the accountability mechanism is to establish the components of the assessment base for each municipality and the Province. In the illustration presented in Table 6, the assessment base is established to be $110 million. The growth in the assessment base is $10 million from the previous year.This is composed of growth from new construction of $4 million and a market increase of $6 million. Under the accountability mechanism, the inflation index will be the national Consumer Price Index (CPI). in this example, inflation Is assumed to be 3 %, so the market increase will be limited to $3 million. The result is that this jurisdiction's notional assessment base would be limited to $107 million. Table 6 - Establishing the Assessment Components Assessment Base of Prior Year $100,000,000 New C nstruction Component $4,000,000 1rket. Increase Component $6,000,000 sses Ument Base of Prior Year $100,000,000 New Conslrjjrction Component $4,000,000 Inflation Index (e.g. 3%) $3,000,000 However, the actual assessment base will not be limited to the lower amount. Instead, the municipal or provincial Property tax rate will be reduced to ensure that the revenue from the assessment base only reflects the growth due to inflation and new construction, as shown in Table 7. 220 In this example, the municipal rate would be automatically reduced from $1.42 per $100 of assessed value to $1.38 per $100 of assessed value. In the event that a municipality orthe Province wanted to benefit from the amount of the assessment base growth that exceeds Inflation and new construction, they would have to increase their rate backto $1.42 from the $1.38 estabilshed by the accountability mechanism - by a vote at municipal council or in the provincial Legislature, respectively. In the event that there was an assessment base decrease, this mechanism would not apply. Table 7 - Application of the Property Tax Accountability Mechanism = Notional Assessment Base of New Year/ Assessment Base of New Year $107,000,000/$110,000,000 = 4.9727 . .. . . . . . . . . . . . . . . . . . . . . = Accountability Adjustment Factor * Prior Year Property Tax Rate = (0.9727) * ($1.42) = $1.38 With the accountability mechanism, municipalities and the Province can continue to experience growth in annual o property tax revenues.The revenue growth is limited to the growth in the assessment base associated with inflati n and new construction. To exceed this amount, each municipality or the Province would need to increase their propert rates accordingly. y tax It is important to recognize that annual property assessment increases for Individual property owners will not be limited as a result of the accountability mechanism. Rather, the property tax rate that is applied to the annual property assessment will be adjusted. To the extent that municipal and provincial property tax rates are reduced through the application of the accountability mechanism, property tax relief will be provided to individual property owners by way of the lower rate. 15 221 Appendix 5 222 Property Tax Revenue Calculations for 2010 based on 7% Property Assessment increase with Accountability Adjustment Factor 2009 Tax Base 5,507,368,790 Tax rate 1.785 Percentage Increase 7% 2010 Tax Base Increase 385,515,815 New Tax Base 5,892,884,605 Tax Base Increase resulting from: New Construction 32% 123,365,061 Market Adjustment 68% 262,150,754 Assume National CPI 385,515,815 2.30% Assessment base of New Year 5,892,884,605 Assessment Base Prior Year 5,507,368,790 New Construction Component 123,365,061 Market Increase Component 262,150,754 Notional Assessment Base of New Year 5,757,403,333 Assessment Base Prior Year 5,507,368,790 New Construction Component 123,365,061 Inflation Index (National CPI) 126,669,482 Accountability Adjustment Factor 0.9770 New Year Property Tax Rate 1.7439 Tax Rate 1.7439 Additional tax Using Notional Assessment Base 5,757,403,333 revenue Property Tax Revenue 100,403,357 98,306,535 2,096,822 Tax Rate 1.7439 Assessment Base of New Year 5,892,884,605 Property Tax Revenue 102,766,015 98,306,535 4,459,480 Tax Rate 1.7850 Assessment Base of New Year 5,892,884,605 Property Tax Revenue J 105,187,990 98,306,535 6,881,455 223 Appendix 6 224 GENERALFUND CAPITAL SPENDING ASSUMPTIONS YEAR 2010 2019 2012 Assessment Base 5,895,638,000 6,308,333,000 6,749,916,000 % Increase 7.05% 7.00% 7.00% Keep tax rate at 1.785 in 2010, 2011, 2012 Projected interest rate: 5.5% Projected debenture discount: 1% Issue debentures twice a year in June and December General fund capital to be borrowed for 15 years Maximum Debt Service costs based on these assumptions 2010 13,814,500 2011 16,320,000 2012 19,156,300 Maximum amount of borrowings based on maintaining debt service costs 2009 2010 2011 2012 JUNE DEBENTURE 14,000,000 15,000,000 18,000,000 15,000,000 DECEMBER DEBENTURE 15,000,000 13,000,000 15,000,000 15,000,000 MAXIMUM BORROWING AMOUNTS 29,000,000 28,000,000 33,000,000 30,000,000 Maximum Capital Expenditures 29,000,000 28,000,000 33,000,000 30,000,000 Four year total funding available Four year needs (City share) Shortfall 225 120, 000, 000 239, 298, 000 119,298,000 GENERAL CAPITAL PROJECTS 2008 AND PRIOR DESCRIPTION MUNICIPAL OPERATIONS FACILITY MANAGEMENT LEISURE SERVICES TOTAL 2008 CARRY OVER 2009 CAPITAL BUDGET DESCRIPTION MO &E Environment, Storm, Transportation FM Facilities - Fire, Leisure Services, Mun Op, Fleet & others LS Parks, squares, play grounds, recreation, trees, venues... FD Fire service equipment, facilities E &T Fleet replacement municipal & transit, technology, communication SD Economic development, peel Plaza, T &CC, Transit facility, Waterfront TOTAL - 2009 BUDGET TOTAL 2008 CARRY OVER + 2009 BUDGET 2010 CAPITAL BUDGET DESCRIPTION MO &E Environment, Storm, Transportation FM Facilities - Fire, Leisure Services, Mun Op, Fleet & others LS Parks, squares, playgrounds, recreation, trees, venues... FD Fire service equipment, facilities E &T Fleet replacement municipal & transit, technology, communication SD Economic development, peel Plaza, T &CC, Transit facility, Waterfront TOTAL - 2010 BUDGET TOTAL ($ thousands) 9,136 1,519 5,162 15,817 OTHER SHARES ($ thousands) 2,045 240 2,285 CITY SHARE ($ thousands) 7,091 1,519 4,922 13,532 TOTAL OTHER SHARES CITY SHARE ($ thousands) ($ thousands) ($ thousands) 21,790 7,957 13,833 4,256 4,256 11,105 5,325 5,780 700 700 5,417 2,500 2,917 34,517 11,000 23,517 77,785 26,782 51,003 93,602 29,067 64,535 TOTAL OTHER SHARES CITY SHARE ($ thousands) ($ thousands) ($ thousands) 18,951 4,518 14,433 4,022 4,022 6,835 3,500 3,335 4,789 4,789 6,335 2,500 3,835 65,080 8,000 57,080 106,012 18,518 87,494 226 GENERAL CAPITAL PROJECTS 2011 CAPITAL BUDGET DESCRIPTION MO &E Environment, Storm, Transportation FM Facilities - Fire, Leisure Services, Mun Op, Fleet & others LS Parks, squares, play grounds, recreation, trees, venues... FD Fine service equipment, facilities E &T Fleet replacement municipal & transit, technology, communication SD Economic development, pee/ Plaza, MCC, Transit facility, Waterfront TOTAL - 2011 BUDGET 2012 CAPITAL BUDGET DESCRIPTION MO &E Environment, Storm, Transportation FM Facilities - Fire, Leisure Services, Mun Op, Fleet & others LS Parrs, squares, play grounds, recreation, trees, venues... FD Fire service equipment, facilities E &T Fleet replacement municipal & transit, technology, communication SD Economic development, peel Plaza, T &CC, Transit facility, Waterfront TOTAL - 2012 BUDGET Total identified capital expenditures 2009 - 2012 TOTAL OTHER SHARES CITY SHARE ($ thousands) ($ thousands) ($ thousands) 25,315 4,365 20,950 2,857 2,857 17,181 11,000 6,181 561 561 5,981 2,500 3,481 12,905 12,905 64,800 17,865 46,935 TOTAL OTHER SHARES CITY SHARE (� thousands) ($ thousands) ($ thousands) 25,561 4,175 21,386 1,698 1,698 241 241 4,359 4,359 6,590 2,500 4,090 8,560 8,560 47,009 6,675 40,334 311,423 72,125 239,298 227 APPLICATION FOR A ZONING B YLA W AMENDMENT Applicant Related Information Name of Applicant: Mailing Address: Telephone Number: Fax Number. Name of Property Owner.• Address: Property Information Comeau MacKenzie Architecture 69 King Street, Suite 200 Saint John, NB E2L I G5 506-657-1611 E-mail: 506-657-1614 Mona Teresa Scichilone 806 Manawagonish Road Saint John, NB F,2M 3XI mackarch@nbnet.nb.ca Location: Civic # 806 Street Manawagonish Road PID 55154322 Lot Area: 1,736 mz/0.43 ac Street Frontage: Manawagonish Road. 150' Birch Street: 140' Use, -of PrWertX: Residential: Sing1r, uUtuQ11VU _r lysulte Municipal Plan Land Use Designation: R2 Amendment Reques Present Zoning: R-2 Change Zoning To: R-4 Text Amendment: D/a Description of Proposal.- Proposal is for the elimination of an existing "family suite", while re-introducing a lower-level walkout suite and the creation of a two-storey level suite. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distances between the property boundary and buildings are shown. 228 1WR Provide reasons why these amendments should be approved. The subject building is a stately, 1930's built quality home, with strong Prairie-style and Wrightian influences. The owner is cognizant of the architectural value of the home, and does not want to detract therefrom in any way. Notwithstanding, the total finished area of the residence on the main and upper levels, totals to 3,700 square feet, and the owner seeks this re-zoning to assist with the operation maintenance and taxation costs associated with the property. Quantitative analysis indicates that the site area supports both the unit density for three (3) units, as well as the associated parking. No significant changes to landscape, green areas or existing driveways are contemplated. This proposal does not add any new built areas to the existing building footprint. LOT AREA ANALYSIS BYLAW MINIMUM AREA MINIMUM LOT AREA PER R4 ZONE Main Level Living: 2 bedroom/2,650 square feet 742 Upper Level Unit: I bedroom/765 square feet 441 550 M2 Lower Level Unit: I bedroom/880 square feet 441 Site Area 1.736 rn' Parking Required: 3 units x 1.25 4 cars This proposal is in support of several basic principles which serve to preserve and maintain older, larger homes and their neighbourhoods, viz: Exterior appearance of the home will be largely preserved. The residence will continue to be owner occupied. The existence of the two rental units would allow the owner to appropriately maintain, preserve and improve the property. Provide any other information about your proposal that would be helpful. Signature of Applicant: Date: D $400 Application Fee Enclosed Note. Ifyou are not the owner of'the land in question, please have the owner sign below. The signature of the owner is authorizing this application to proceed far consideration by Common Council. Signature of Owner (if not Applicant): Date: 4, 229 � w < CD I- CZ_> F cr e� f 0' LF Cry 0 N i, SAINT JOHN / „ ,,,,,,e �,wrr -imrr �r, ux, ir�Trur. ,� i nrr :, , , ,,, i ,. y�r ,ia„r�rvr,o >, „,xr W.r /i /ll!!Y/C9i�.:,�A ✓rF,N I,lx+G/Y/ w7 ,1L/ lA /.r4 fl/l ll ltlC'!! / YI �iA IL(4r ✓l!al�.�!?Nw�Lrn�'�d��I�UW Rt�dAL:f1CI7X/J.�II J(l!!ll&!ad/nGl7/Ldl Srai ,dw u a .ar! O M/„✓ l lC,/ P.rIo, , 231 Py 8 LLI LL a, w ko (D All LO Cl) C14 iv Al, FX15-flNC4— POWWAY PPIOP05EL9 51S FLAN 5CAX: I" — 20'-0" Iz w urm� APAMP-rWN Nl_p 'y 15IM64 5 NTPY mmo E-x5-nwwr4 �151r�Nc� �151L,)Ma 51S AMA 17576 m' (0,428 AC1�5) `ti �XISTYNG MWMAY5 -rLI) MWIN — -'� - - T, b —Pf- r,'-1 Y—LINT 42-1 9 —M -( F46 -3 MAKAWACAON15H WAP C�3 591-611 o Ir ----- - - - - +- -r- -- - - ---+- M,'OMM, M� RAPU5 �1.51 M rYJ5-nNrA t2PlVrWAY Y+'M 2009 09 KING STRM PbiD.tECT NO: 298 5 SURE 200 SAINT JOHN. NEW BWNS"W= UL I= PEOP-OSED REZONE SHtLT No' Taumi4r. (*[*) 651-16" Al rr,m (508) 657—l6l4 236 806 MANAWA_ONISE ROAD :yj rYJ5-nNrA t2PlVrWAY Y+'M 2009 09 KING STRM PbiD.tECT NO: 298 5 SURE 200 SAINT JOHN. NEW BWNS"W= UL I= PEOP-OSED REZONE SHtLT No' Taumi4r. (*[*) 651-16" Al rr,m (508) 657—l6l4 236 806 MANAWA_ONISE ROAD City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only. Bud getNumber: 11.0 0801 442 2010 nt # 712q6____ Contact: Elizabeth Gormley _ Phone: (506) 658-2862 Fax: ax: (506) 674-4214 Special Instructions (if any): Reference: 806 Manawagonish Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s). Tuesday, May 19, 2009 Tuesday, June 9, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: E] General Notice ] Tender 0 Proposal IN Public Notice Sub-Headline (if avt)licable): Text: INSERT ATTACHED Call to Action: Elizabeth Gonnlev, Common Clerk/Greffi&re communale Contact: Kelly Tibbits 237 Telephone: (506) 658-2856 238 PROPOSED ZONING BY-LAW AMENDMENT RE: 806 MANAWAGONISH 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, June 15, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1736 square metres, located at 806 Manawagonish Road, also identified as PID No. 55154322, from "R-1A" One Family Residential and "R-2" One and Two Family Residential to "R- 4" Four Family Residential. REASON FOR CHANGE: To permit a three-family dwelling. 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 Gon-nley, Common Clerk 658-2862 239 PROJET DE MODIFICATION DE L'ARRftt SUR LE ZONAGE OBJET: 806, CHEMIN MANAWAGONISH Par les pr6sentes, un avis public est donn& par lequel le conseil communal de The City of Saint John indique son intention d'etudier ]a modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de ]a reunion ordinaire qui se tiendra dans ]a salle du conseil le lundi 15 juin 2009 A 19 h : Rezonage dune parcelle de terrain dune superficie d'environ 1 736 metres caries, situ6e au 806, chernin Manawagonish, et portant le NID 55154322, de zone r6sidentielle —habitations unifamiliales <<R-IA)> et zone r6sidentielle — habitations unifamiliales et bifamiliales «R-2>> ii zone r6sidentielle — habitations de quatre logements «R-4>>. RAISON DE LA MODIFICATION: Permettre une habitation trifarniliale. Toute personne int6ress6e peut examiner le prQjet de modification au bureau du greffier communal on au bureau de lurbanisme et du d6veloppernent A 1'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit A 1'attention du soussign6 A 1'h6tel de ville. Elizabeth Gormley, Greffi&e communale 658-2862 BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 1736 square metres, located at 806 Manawagonish Road, also identified as PID number 55154322, from "R-IA" One Family Residential and "R-2" One and Two Family Residential to "R-4" Four Family 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 ARREA No C.P. I 10- ARRfTf MODIFIANT L'ARRE^ A SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : L'arr6t6 sur le nonage de The City of Saint John, d6cr&6 le dix-neuf (19) d6cembre 2005, est niodifi6 par, I La. modification do I'annexe oA», Plan de nonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie d'environ 1 736 metres carr6s, si.tu6e au 806, chemin Manawagomsh, et portant le NID 55154322, do zone r6sidentielle — habitations unifamiliales ��R-IA» et zone r6sidentielle — habitations unifamiliales et bifamiliales �(R-2>) � zone r6sidentielle — habitations de quatre logements ((R-4» - toutes les modifications sont indiqu6cs sur le plan ci-joint et font partie du pr6sent arr&. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le 2009, avec les signatures suivantes Common Clerk/Greffi&re communale First Reading - Premi&e lecture Second Reading - Deuxi&ine lecture Third Reading - Troisieme lecture June 3, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 806 Manawagonish Road On May 11, 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 June 2, 2009 meeting. Mr. Michael Schichilone appeared to speak on behalf of the application and indicated that he was in agreement with the recommendation set out in the attached report. No one appeared to speak in support of or in opposition to the application, but one letter of support was received by the Committee. After considering the attached report and the applicant's presentation, the Committee adopted the recommendation as set out below. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 1,736 square metres, located at 806 Manawagonish Road, also identified as PID No. 55154322, from "R-IA" One Family Residential and "R -2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of a parcel of land with an area of approximately 1,736 square metres, located at 806 Manawagonish Road, also identified as PID No. 55154322, be subject to the conditions that: a. The use of the site be restricted to a maximum of three (3) dwelling units within the existing dwelling; b. The maximum number of driveways be limited to one per street frontage should fiiture street reconstruction be undertaken on Manawagonish Road. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09 -163 241 DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: MAY 29, 2009 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING • PLANNING AND DEVELOPMENT MEETING OF JUNE 2, 2009 QaL4-4,� - Satfth44erring, MCI RPP Planner Comeau MacKenzie Architecture (on behalf of Mona Teresa Schichilone) Mona Teresa Schichilone 806 Manawagonish Road 55154322 Low Density Residential Existing: "R -1 A" One Family Residential and "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential To permit the creation of a third dwelling unit in the existing building. Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be �r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 1 www.saintjohn.ca I C.P.1971 Saint John, N. -B. Canada E2L 4L1 242 Comeau MacKenzie Architecture (on behalf of Mona Teresa Schichilone) Page 2 806 Manawagonish Road May 29, 2009 considered by Common Council at a Public Hearing on Monday, June 15, 2008. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 1,736 square metres, located at 806 Manawagonish Road, also identified as PID No. 55154322, from "R -1A" One Family Residential and "R -2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of a parcel of land with an area of approximately 1,736 square metres, located at 806 Manawagonish Road, also identified as PID No. 55154322, be subject to the conditions that: a. The use of the site be restricted to a maximum of three (3) dwelling units within the existing dwelling; b. The maximum number of driveways be limited to one per street frontage should future street reconstruction be undertaken on Manawagonish Road. BACKGROUND: On ,tune 7, 1994 the Planning Advisory Committee granted a variance to reduce the minimum required lot depth from 30 metres (98.4 feet) to approximately 23 metres (75.5 feet) for a proposed lot 94 -1. This variance allowed the property at 824 McAvour Drive to be subdivided from the subject site at 806 Manawagonish Road. Prior to this subdivision, the subject site at 806 Manawagonish Road extended back to McAvour Drive. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering points out that the number of existing driveways exceeds the Zoning By -law's provisions and Planning may want to regulate the number of permitted driveway entrances or advise the applicant that any future street reconstruction may alter the number and location of the driveways. The application does not indicate that there will be any servicing changes to the site. If this property is used for any purpose other than three (or fewer) dwelling units, a City- approved water meter must be installed by the applicant. Buildings and Inspection Services indicates that detailed floor plans will be required for the building permit application. Saint John Fire Department has no objection to this application provided that the following conditions are adhered to: 243 Comeau MacKenzie Architecture (on behalf of Mona Teresa Schichilone) Page 3 806 Manawagonish Road May 29, 2009 - Building and/or Fire Code violations, if any exist, are corrected as part of the renovations; - Appropriate Building Permits are obtained for the proposed work and the renovations are carried out in accordance with the National Building and Fire Codes, including, but not limited to: o Fire separation within the dwelling units; o Hard -wired smoke alarms in each unit; o Fire extinguishers on each floor; and o Submission of construction plans to the Department of Public Safety Technical Inspection Division for approval. ANALYSIS: The subject site is located at the corner of Manawagonish Road and Birch Street on the City's West Side. The subject site currently contains an older, one - and -a -half storey brick dwelling with driveway access from Manawagonish Road and Birch Street. The site is approximately 1,740 square metres (0.43 acres) in area, with approximately 43 metres (141 feet) of frontage on Manawagonish Road and approximately 36 metres (118 feet) of frontage on Birch Street. The surrounding area contains a variety of older single- and two- family homes, as well as the St. Rose and Barnhill Memorial Schools located just west of the subject site. Manawagonish Road is designated as a collector street by the Municipal Development Plan. An existing three - family home (zoned "R -4" Four Family Residential with conditions limiting the use to a maximum of three dwelling units) is also located at 12 Birch Street. The applicant has indicated that the dwelling currently contains two dwelling units — the owner's unit and an "in- family suite ". The applicant intends to eliminate this "in- family suite" and then create two dwelling units, in addition to the owner's unit. This would result in a total of three dwelling units in the existing building: an 82 square metre (880 square foot) one - bedroom unit in the basement, a 246 square metre (2,650 square foot) two - bedroom unit on the main floor, and a 71 square metre (765 square foot) one - bedroom unit on the upper floor. The applicant has indicated that the additional dwelling units are being sought in order to assist the owner in paying for the maintenance and taxation costs associated with the existing large dwelling and property. The exterior of the building will remain largely unchanged, save for the removal of an existing exterior entrance and the addition of a dormer and new exterior entrance on the Birch Street facade. No changes to the existing driveways or landscaping are planned. The subject site and existing dwelling along with the proposed changes to the interior dwelling units meets, and in most cases, exceeds the minimum requirements of the proposed "114" Four Family Residential zone. A Municipal Plan Amendment is not required for the proposed rezoning to "R -4" Four Family Residential. 244 Comeau MacKenzie Architecture (on behalf of Mona Teresa Schichilone) Page 4 806 Manawagonish Road May 29, 2009 CONCLUSION: Given the size of the subject site and existing dwelling and its location on a major street with ample on- site parking, the requested rezoning of the site from "R -1A" One Family Residential and "R -2" One and Two Family Residential to "R -4" Four Family Residential is recommended. The proposed addition of one dwelling unit within a large, existing dwelling in an area zoned for two - unit homes is not expected to have any impact on the surrounding neighbourhood; however, it is recommended that the use of the site following rezoning be limited to a maximum of three dwelling units. In staff's view, this proposal constitutes an appropriate re -use of a large existing home in a location that can support the additional density being proposed. SH Project No. 09 -163 245 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT �s fM . iM , +'♦ T N u l +` ♦I♦ > l r� N •` ♦' IN IN IL- 1 4et u ch S t n Ni Ill N3 „ Na m Subject Site /site en question: m � Nt ♦ 'I' • s ♦ m m ♦ ryrf m ♦' m n N MO • ♦ m m ♦ N � ♦+ a g� rod S � 9 i V Je t ,I I P1D(s) /NIP(s): 55154322 Location: 806 chemin Manawagonish Road Date: May 20, 2009 Scalelechelle: Not to scale /Pas a 1'echelle 246 „I IN i n Ni Ill N3 „ Na m Subject Site /site en question: m � Nt ♦ 'I' • s ♦ m m ♦ ryrf m ♦' m n N MO • ♦ m m ♦ N � ♦+ a g� rod S � 9 i V Je t ,I I P1D(s) /NIP(s): 55154322 Location: 806 chemin Manawagonish Road Date: May 20, 2009 Scalelechelle: Not to scale /Pas a 1'echelle 246 R 1 V I I I<xI%NG- MKWAY MOP05W 511'� PLAN ti I 1 + / W UP MR �� Ai'AlZTME ENFI?1' ,f � k571NG 5 39�_g�� mrnNG �slnlrNCE � . a, SkTI: Ak'1rA 1736 TYi2 ( OA78 AOT;5) 2 Izo I M51NG M/MAY5 M W MA#N .'n MANAWMONt5H POAP FROi'EM LII_ PA17iL15 x,51 M (li,5k F'f3 Z&e: I" - 20' -0" 0 5 10 20 80 ® KM 87FW SURE 200 m KW WIRO cK EROPOSEi3 HEZO TlT.E II (006) 857-7617 NE PWX Cale) 867 -16,• 247 $DB MANAZ&QQNM H_QAD ac�nc�n�u ncennwnnu R0 I l 1 1 % R 1 V I I I<xI%NG- MKWAY MOP05W 511'� PLAN ti I 1 + / W UP MR �� Ai'AlZTME ENFI?1' ,f � k571NG 5 39�_g�� mrnNG �slnlrNCE � . a, SkTI: Ak'1rA 1736 TYi2 ( OA78 AOT;5) 2 Izo I M51NG M/MAY5 M W MA#N .'n MANAWMONt5H POAP FROi'EM LII_ PA17iL15 x,51 M (li,5k F'f3 Z&e: I" - 20' -0" 0 5 10 20 80 ® KM 87FW SURE 200 m KW WIRO cK EROPOSEi3 HEZO TlT.E II (006) 857-7617 NE PWX Cale) 867 -16,• 247 $DB MANAZ&QQNM H_QAD ac�nc�n�u ncennwnnu R0 I l 1 1 i E45TING PRIVEWAY DAm Ewa. aoo9 I ramm M& 29m" �Ir Ko ttEV. All ti i E45TING PRIVEWAY DAm Ewa. aoo9 I ramm M& 29m" �Ir Ko ttEV. \\ \ 2 71 ��. �.� - - -�e �- \ �| - ' 71" t ��. �.� - Saint John Art Club Inc, Project manager John Noddin 809 Manawagonish Road Unt John NB E2M 3W9 Phone 635 -4587 May 27, 2009 City of Saint John Planning and Development Saint John NB Dear To who it may concern, This is to let you know that I john Noddin at 809 Manawagonish Road have no concern as to the change of zoning to the property at 806 manawagonish Road as it has plenty of parking area for multiple residency. It is next to two large four apartment properties to it right which have not caused any problem in the past and a building on it's left with several apartments. I do not think that a minor change will have any departmental affect on the community. Your consideration of this project is appreciated 249 Sincerely, John Noddin STREET CLOSING CROWN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of a Highway In The City of Saint John" at its regular meeting to be held on Monday, June 15, 2009 at 7:00 p.m. to stop up and close the following portion of highway: Crown Street: All that portion of Crown Street, a public street in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point on the western side of Crown Street, at its intersection with the northern side of Princess Street. Thence northward along the western side of Crown Street to the southern side of PID 55196950. Thence eastward along the southern side of 131D 55196950 to its southeastern extremity. Thence southwestward to the corner of Crown Streets and Princess Street, the point of beginning. A tract of land containing an area of 126 square inctres and being more particularly shown on a Plan of Survey Showing portion of Crown Street, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Inc. and dated.April 21, 2009, said plan signed by Wade M. MacNutt, New Brunswick Land Surveyor. (INSERT PLAN) The proposed amendment and plan of the above described portion of highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.in. and 4 :30 pan. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall.. RUE CROWN Par les pr&sentes, un avis public est donne par lequel le conseil de The City of Saint John indique son intention de modifier 1'« arrete concemant la ferineture de routes daps The City of Saint John » lors de la reunion ordinaire qui se tiendra le lundi, 15 juin 2009 a 19 h afin de termer et de barrer le tron4on de route suivant : Rue Crown : I.,a totalit& dune par tie de la rue Crown, Line rue publique situ &e dans The City of Saint John, dans le conite de Saint John et dans la province de Nouveau- Brunswick &taut decrite plus pr&cis&ment comme suit Partant d'un point du cote ouest de la Rue Crown, a soil interscction avec le cote nord de la Rue Princess. De la, vers le nord longeant la Rue Crown jusqu'au cote sud du NID 55196950. Ile 1a, vers Pest longeant le c6t6 sud du NID 55196950 jusqu'a 1'extr6init6 sud -est du NID 55196950. De la, viers le sud -guest jusqu'au coin des Rues Crown et Princess, le point de depart. Une &tendue de terrain comprenant Line superficie de 126 metres carres et etant designee plus particulierement sur Lin plan d'aipentage indiquant une partie de la Rue Crown, Ville de Saint John, Comte de Saint John, Nouveau - Brunswick, prepare par Hughes Surveys & Consultants Inc., date du 21 avril, 2009 et sign& par Wade M. MacNutt, arpenteur- gcometre du Nouveau- Brunswick. 250 (INStRER LE PI�AN) Toute personne int &ress &e peat examiner le projet de modification et le plan des tron4ons de route decrits ci- dessus au bureau du greffier communal a 1'h6tel de ville au 15, Market Square, Saint John (N. -B.), entre 8 It 30 et 16 It 30 du lundi au . vendredi, sauf les jours f &ri &s. Veuillez faire part de vos objections au projet de modification par &crit a l'attention du soussigne a 1'h6tel de ville. 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 N`7 M -23 ARRf. Clk MODIFIANT L'ARRETE SUR 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 City Lors d'une reunion du conseil communal, of Saint John as follows: The City of Saint John a decrete cc qui suit : I A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 206 immediately after Section 205 thereof, as follows: 206 The City of Saint John does hereby stop up and close permanently the following portion of highway: CROWN STREET: All that portion of Crown Street, a public street in The City of Saint John in the County of Saint John and Province of New Brunswick, comprising 126 square metres and more particularly shown on a Plan of Survey, dated April 21, 2009 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * ** day of ** A.D. 2009 and signed by: MayorlMaire 1 Par les presentes, 1'arrete de The City of Saint John intitule, « L'arrete sur ]'interruption de la circulation et la fermeture des routes dins The City of Saint John », decrete le 19 decembre 2005, est modifie par 1'ajout de ]'article 206 imin6diatement apres ]'article 205, comnle suit: 206 Par les presentes, The City of Saint John Barre et ferme de fa�on permanent.e la portion dune route suivante : RUE CROWN: Toute la partie de la rue Crown, etant une rue publique situee dans The City of Saint John, dans .le comte de Saint John et dans Ia province du Nouveau- Brunswick, dune supercie de 126 metres carr6s, plus particulierennent delimitee sur le plan d'arpentage ci -joint date du 21 avril 2009. EN FOI DE C, UOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * ** *** 2009, aver les signatures suivantes : Common Clerk /Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 251 q� 3 STREET CLOSING MITCHELL STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, June 15, 2009 at 7:00 p.m. to stop up and close the following highway: MITCHELL STREET: That portion of Mitchell Street in the City of Saint John, County of Saint John and Province of New Brunswick, comprising I,689.2 square metres (18,183 square feet) more or less and shown on a Plan of Survey, (Dwg. No. S08164G) surveyed March 18, 2009 by David V. Parkhill, N.B.L.S. #362, attached hereto. (INSERT PLAN) 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.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. FERMETURE DE ROUTE RUE MITCHELL Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indiclue son intention de modifier Vo arr&6 concernant la ferineture de routes dans The City of Saint John)> lors de la reunion ordinaire qui se tiendra le lundi 15 juin 2009 A 19 h afro de fen-tier et de barrer la route suivante : 252 RUE MITCHELL: La partie de ]a rue Mitchell, situ6e dans The City of Saint John, dans le comt6 de Saint John et dans la province du Nouveau-Brunswick, dune superficie denviron 1 689,2 metres carr&s (18 183 pieds carr6s), et d6limit6e sur un plan d'arpentage (dessin n' 508164G) ci-joint, dress6 le IS mars 2009 par David V. Parkhill, A. -G. N.-B. n' 362. (lNSERER LE PLAN) Toute personne int6ress6e peut examiner le projet de modification et le plan de ]a route d6crit ci-dessus an bureau du greffier communal A 1'h6tcl de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s . Veuillez faire part de vos objections au projet de modification par 6crit A Vattention du soussign6 I'h6tel de ville. Public Notice is hereby -lien that the Common Council of TheCityof SauntJohnintends toconsidei amending "A By -late Respecting The Stoppm- Up and Closing of Hightu ays In The City of` Samt John" at its regular heeling to be held on Monda };.Tune 15, 2009 at 7 :00 p.m. to stop up and close the following highway. MITCHELL STREET: That portion of 'Mitchell Street in the City of Saml John, Count) ol''Saint John. and Province of Nets• ISrunsnick, compnsing 1,689.2 square inelres lIS.183 square feet) more or less and shown on a Plan of 5urvev, (Dw-. No. S08164G) surveved March 18,2009 by David V. Parkhill, N.l3.L.S. #362, attached hereto I he proposed amendment and plan of the above described highway may he inspeeled by anyinteresled person at the office of the Common Clerk, City Hall, 15 Market Scloare, Saint John. N.B between the hours of 8:30 a:m. and 430 p.m Monday to Friday, inclusive„ holidays excepted. Par les presentes. un avis public est donne par lequel le conseil communal de The City of Saint John ineiique son intention de modifier F, arrete concernant la fermeture do routes daps The City of Saint ,John it lors de la reunuon ordinaire qui se bendra le lundi 15 juin 2009 a 14 h afn de fernier ct do harrer la route suivanle RUE MITCHELL : La partie de la ruc Mitchell, situee clans The City of Saint John. clans le comt6 de Saint John et clans la province du Nouvcau- Brunsin'tck, Am superficie d'environ 1 689,2 metres calms (18 183 plebs cams). et dehmatee sur im plan d'inpentagc (dessin n° S08164G) ci joint. dresse le 18 mars 2009 par David V. Parkhill. A. -G. N. R it,' 361 Written objections to the proposed amendment may° be sent to the undersi -ned at City Hall. Tonle personne ntleressee peut examiner le pi ojel de modification et le plan de ]a route decrit ci- dessus au bureau du greflier communal a I "hotel de ville au 15, Market Square.. Saint John, N.- B., entre 8 It 3f et 16 h 30 du lundi an vendredi, sauf lesjours feries. Vcuiller faire paint de vos objections an prolet do modification par ecrit a I'attention du soussigne a 1116tel de Ville. 253 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 N" M -23 A.RRETIa MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DAMS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors dune r6union du conseil communal, The City of Saint. John as follows: The City of Saint John a decrete cc qui suit :. 1. A by -law of The City of Saint Jolui entitled, "A By -law Respecting The Stopping Up and Closing of Highways in The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 205 immediately after Section 204 thereof, as follows: 1 Par les presentes, Parretti de The City of Saint John intitule, «L'arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 decenzbre 2005, est modife par l'ajout de I'article 205 immediatement apres Particle 2.04, comme suit : 205 The City of Saint John does hereby stop up 205 Par les presentes, The City of Saint John and close permanently the following portion of barre et ferine de fa�on permanente la portion highway: dune route suivante : MITCHELL STREET: All portion of Mitchell Street, a public street in the City of Saint John, County of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,689.2 square metres more or less and shown on a Plan of Survey, dated March 18, 2009 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the ** day of A.D. 2009 and signed by: RUE MITCHELL: Toute la partie de la rue Mitchell, etant une rue publiclue situee Bans The City of Saint John, dans le comte de Saint John et dans la province du Nouveau - Brunswick, dune superficie de 1,689.2 metres carres, plus particulierement delimitee sur le plan d'arpentage ci joint date du 18 marst 2009. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le ** 2009 , avec les signatures suivantes. Mayor / M:aire Common Clerk 1 Greffierre communale First Reading - Premierc .lecture — Second Reading - Deuxieme lecture — Third Reading - Troisieme lecture - 254 BY -LAW NO.: MV -10 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: MV -10 ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DAMS LES RUES DANS THE CITY OF SAINT JOHN EDICTE CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of The Lors d'une rdunion du Conseil municipal, The City of Saint John as follows: City of Saint John a ddcr6t6 ce qui suit: A By -law of The City of Saint John entitled "A Par les presentes, 1'arret6 de The City of Saint By -law Respecting Traffic On Streets In The City of John intitul6 cc Arr6t6 relatif a la circulation dans les rues Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19'h day of December, A.D. 2005, is hereby amended as follows: dans The City of Saint John 6dict6 conform6ment a la Lo[ sur les vehicules a moteur (1973) et les modifications aff6rentes », d6cr&6 le 19 d6cembre 2005, est modifi6 comme suit: Section 26 is repealed and replaced with the 1 L'article 26 est abrog6 et remplac6 par ce qui following: '126(l) Subject to subsections (2) and (3) of this section, any person who violates any of the provisions of this by -law is guilty of an offence and liable upon conviction to a penalty of not less than thirty dollars ($30.00) and not more than seventy -five dollars ($75.00). 26(2) Any person who violates sections 5(4)(d), 5(4)(6), 5(4)(i),10, 16(1) or 19 of this by -law is guilty of an offence and liable upon conviction to a penalty of not less than seventy five dollars ($75.00) and not more than one hundred and twenty five dollars ($125.00). 26(3)(a) A person who violates any provision of this by- law, other than sections 5(4)(d), 5(4)(e), 5(4)(i),10, 16(1) and 19, may pay to The City of Saint John, within seven (7) clear days from the date of such violation, a voluntary penalty of twenty dollars ($20.00) and upon such payment, then person who committed the violation is not liable to be prosecuted therefor. 26(3)(b) A person who violates sectons 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1) or 19 may pay to The City of Saint John, with 7 clear days from the date of such violation, a voluntary penalty of fifty dollars ($50.00) and upon such payment, the person who committed the violation is not liable to be prosecuted therefor." IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * * ** day of * * * *, A.D., 2009 signed by: suit : v 26(1) Sous r6serve des paragraphes (2) et (3) du pr6sent article, toute personne qui contrevient a une des dispositions du present arret6 est coupable d'une infraction et passible sur condamnation d'une peine An montant minimal de trente dollars (30$) de d'un montant maximal de soixante - quinze dollars (75$). 26(2) Toute personne qui contrevient aux articles 5(4)(d), 5(4)(c), 5(4)(i), 10, 16(1) ou 19 du pr6sent arret6 est coupable d'une infection et passible sur condamnation d'une peine d'un montant minimal de soixante - quinze dollars (75$) et d'un montant maximal de cent vingt -cinq dollars (125$). 26(3)(a) Toute personne qui contrevient a une disposition du pr6sent arret6, autres que celles pr6vues aux articles 5(4)(d), 5(4)(6), 5(4)(i),10, 16(1) et 19, peut payer a The City of Saint John, dans un d61ai de sept (7) jours francs a compter de la date de ladite infraction, un paiement volontaire de vingt dollars (20$) et ledit paiement d6gage la personne qui a commis ladite infraction de toute poursuite engag6e a 1'encontre de telle infraction. 26(3)(b) Toute personne qui contrevient aux articles 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(l) et 19, peut payer a The City of Saint John, Bans un d6lai de Sept (7) jours francs a compter de la date de ladite infraction, un paiement volontaire de cinquante dollars (50$) et ledit paiement d6gage la personne qui a commis ladite infraction de toute poursuite engag6e a l'encontre de telle infraction. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le pr6sent arret6 le ** * * ** 2009, aver les signatures suivantes : BY -LAW NUMBER M -7 A BY -LAW TO AMEND A BY -LAW WITH RESPECT TO PARKING ZONES AND THE USE OF PARKING METERS AND PAY AND DISPLAY MACHINES A I ARRETE NO: M -7 A A / ARRETE MODIFIANT L'ARRETE CONCERNANT LES ZONES DE STATIONNEMENT ET L'UTILISATION DES PARCOMETRES ET DES HORODATEURS Be it enacted by the Common Council of The Lors d'une reunion du comseil communal, The City of Saint John as follows: City of Saint John a decrete cc qui suit: A By -law of The City of Saint John entitled "A By -law With Respect to Parking Zones and The Use of Parking Meters and Pay and Display Machines" enacted on the 151h day of March, 2004 is hereby amended as follows: I Section 6 is amended by deleting subsection 6(4) and replacing it with the following: "6(4) The toll for parking a vehicle in a parking space that is located in a parking zone listed in Schedules "A ", "B" or "C" shall be One Dollar and Fifty Cents ($1.50) per hour." 2 Section 17 is amended by deleting subsection 17(1) and replacing it with the following: `` 3 7(I) A person who violates a provision of this by -law is guilty of an offence and is liable to the following penalties: a) a penalty of fifteen ($15.00) if payment is made within 7 days of the date of the offence; b) a penalty of twenty dollars ($20.00) if payment is made more than seven (7) days after the date of the offence but within thirty (30) days of the date of the offence; c) a penalty of fifty dollars ($50.00) if payment is made more than thirty (30) days after the date of the offence but before conviction in the Provincial Court of New Brunswick; d) a fine of seventy five ($75.00) upon conviction in the Provincial Court of New Brunswick." IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this By -law the * * ** day of * * * *, A.D., 2009 signed by: Par les presentes, 1'arrete de The City of Saint John intitule « Arrete concernant les zones de stationnement et l'utilisation des parcometres et des horodateurs» decrete le 15 mars, 2004, est modifie comme suit: 1 Le paragraphe 6(4) est modifie par la suppression de celui -ci et son remplacement par cc qui suit : o6(4) Le taux de stationnement d'un vehicule dans un emplacement de stationnement situe Bans une zone de stationnement figurant aux. Annexes «A)), «B» ou c<C>s sera d'un dollar cinquante (1,50$) I'heure. » 2 L'article 17 est modifie par la suppression du paragraphe 17 (1) et son remplacement par ce qui suit: ((17(l) Quiconque contrevient 6 une disposition du present arrW est coupable d'une infraction et est passible des sanctions suivantes : a) une amende de quinze dollars (15,00$) si la Somme est acquittee dans les Sept (7) jours de la date de l'infraction; b) une amende de vingt dollars (20,00$) si la somme est acquittee plus de sept (7) jours apres la date de l'infraction mais dans les trente (30)jours de la date de ('infraction; c) une amende de cinquante dollars (50,00$) si la Somme est acquittee plus de trente (30) jours apres la date de ('infraction mais avant une declaration de culpabilite a la Cour Provinciale de Nouveau - Brunswick ; d) une amende de soixante- quinze dollars (75,00$) sur declaration de culpabilitd a la Cour Provinciale du Nouveau - Brunswick. yy 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 : LATE RESOLUTION CITIES OF NEW BRUNSWICK ASSOCIATION Forestry sector crisis Presented at the Atlantic Caucus, Federation of Canadian Municipalities June 2009 By Edmundston Mayor Jacques P. Martin As you well know, the pulp and paper industry is an; important sector of the Canadian economy. It plays a vi'tai role in t�he economic and social sustai�na,bility of hundreds paper mill. And over 250 000 other indirect jobs are 257 But today, pulp and paper mills in Canada are confronted with serious inequities and just can't compete on a level playing field with their American counterparts. These inequities are caused by an unfair United States tax credit handed to American mills for their use of black liquor, a residue left over from the paper making process. While the tax credit isn't new, it's just in the past few months that American pulp and paper mills have found a loophole which gives them access to these funds. Just as an example, .,Northern an American competitor who has received more than 34# million dollars in grants from-the US government in just a few months this year. That mill is making more from the grant - n from actually making pap 258 This situation is having a profound impact on miills throughout Canada and could very well lead to their c;losure in the near future. Can you imagine our es losing all these jobs? Ladies and gentlemen, the situation is urgent and needs immediate attention from the Canadian Government. Thz. motion carried by the Cities of New Brunswick Association asks that the Government of Canada put in place ar, incentive program equivalent to the United States bio-fuel incentive program which would allow Canadian companies to compete on a level playing field with their American The motion also asksthat the Government of Canada, in compliance with the North American Free Tradg 259 Agreement (NAFTA), help the pulp and paper industry and affected communities go through the current crisis. We would not be here today if the situation weren't critical. The Federation of Canada Municipalities has all the who in turn should create a similar tax credit for our pulp and paper industry in respect of the North American Free This is why an emergency motion passed by the FCM is so very important at this time. And this is why I ask for your support in this critical matter. Thank you. 260 LATE RESOLUTION NEW BRUNSWICK MAYORS Forestry sector crisis Presented at the General Annual Meeting of the Federation of Canadian Municipalities June 2009 WHEREAS the pulp and paper industry is an important sector of the Canadian economy and plays a vital role in the economic and social sustainability of hundreds of communities across Canada; WHEREAS pulp and paper mills are present in nine provinces and more than 150 Canadian cities; WHEREAS the pulp and paper industry creates direct jobs to more than 50 000 Canadians, over 250 000 indirect jobs and has a production value of over 33 billion dollars; WHEREAS there exist serious inequities in the Canadian forestry sector compared with incentive programs the United States related to the bio-fuel use incentive program for pulp production; WHEREAS any slowing down of the pulp and paper industry has serious negative impacts on the local, provincial and national economy; WHEREAS there is an urgent need to counter these iniquities and the crisis hitting the Canadian forestry sector; CONSEQUENTLY, be it proposed by Jacques Martin, Mayor of Edmundston, and seconded by — that the Federation of Canadian Municipalities make the necessary representations so that: - The Government of Canada puts in place an incentive program equivalent to the United States bio-fuel incentive program which would allow Canadian companies to compete on a level playing field with their American counterparts; - The Government of Canada, in compliance with the North American Free Trade Agreement (NAFTA), help the pulp and paper industry and affected communities go through the current crisis, 261 I RESOLUTION TARDIVE MAIRES DU NOUVEAU-BRUNSWICK Crise du secteur forestier Pr6sentde lors de I'Assembl&e g6n6rafe annuelle de La F6d6ration canadienne des municipalit(§s Juin 2009 ATTENDU QUE l'industrie des p5tes et papiers est un secteur important de ['6conomie canadienne et joue un role vital pour la viabilit6 6conomique et sociale de centaines de collectivit6s de tout le pays. ATTENDU QU'on trouve des usines de pAtes et papiers dans neuf provinces et dans plus de 150 villes canadiennes; ATTENDU QUE l'industrie des pAtes et papiers procure des emplois directs A plus de 50 000 Canadiens, cr6e au-de[A de 250 000 emplois indirects et a une valeur des produits de plus de 33 milliards $ annuellement; ATTENDU QUE des iniquit6s existent dans le secteur forestier canadien vis -a-- vis les programmes gouvernementaux des Mats -Unis, li6es au programme pour ('utilisation de biocarburants dans la production de la pAte; ATTENDU les effets n6gatifs sur 1'6conomie regionale, provincials et nationale de tout ralentissement de l'industrie des pAtes et papiers; ATTENDU l'urgence d'agir pour contrer les iniquit&s et la crise du secteur forestier, EN CONSEQUENCE DE CE QUI PRECEDE, il est proposd par Jacques Martin, ►aire dEdmundston et appuy6 par que la 176d6ration canadienne des municipalit6s fasse les repr6sentations n6cessaires afin que: -Le Gou�vernement du Canada mette en place un programme financier equivalent au programme sur les biocarburants aux bats-Unix pour ainsi permettre aux entreprises canadiennes de concurrencer sur un pied d'6galit6 avec les entreprises am6ricaines; et -Le Gouvernement du Canada, dans le respect de I'Accord de libre-6change du Nord de I'Am6rique (ALENA), aide lindustrie et les communaut6s forestieres A traverser la crise actuelle. 262 The City of Saint John 5/28/2009 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: That the city administration, and all Agencies, Boards and Commissions reporting to the Common Council be advised that their budget submission to the Finance Committee (by September 30) be no more than 2.5% of their approved 2009 budget. This 2.5% replaces the 4.5% previously stated in the 2009 operating budget. Upward pressures on the tax rate from capital expenditures and pension responsibilities, along with uncertainty surrounding the method by which property taxes will be apportioned due to changes by the provincial government necessitate that we scale back our expectations for 2010. This 2% reduction converts to approximately $2.5 million dollars in reduction of budget submissions for next year. The remainder of the structure described in the budget (http://www.saintioliii.ca/documents/2009 Qp orating. pd p.10) remains in place, with one page (ii-iaximum) submissions describing: Mission Critical services that cannot be funded within the current envelope, requests from citizens that cannot be funded within the current envelope and value added services not previously funded. Respectfully Submitted Gary Sullivan M SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4LI I wwwsaintjohn.ca I C,R 1971 Saint John, N.-B. Canada E2L 40 263 Mayor and Council May 29, 2009 Re: Assignment of lead Responsibility in Water Treatment Project Motions: In regard to the Water Treatment Project: 1). Assign a key staff from the city - Possibly a deputy city manager - to tape the lead on all water treatment related issues. This would include regular liaison with relevant Federal and Provincial offices in regard to application process and status. This individual would provide a bi- weekly written report to council on the project's status. 2) Request MP Rodney Weston to assign a key staff member from the relevant department of the federal government and his own office in which City Staff can work with. 3) Request the Government of New Brunswick assign a key staff contact in which city staff can work with. Rationale Although various members of senior staff have been immensely involved in moving forward on the water treatment project, it has become apparent that an assignment of a. direct staff lead on this project would beneficial. Similarly, direct staff leads from the Federal Government and Provincial Government would be useful. The benefit would be more direct accountability and a clearer line of communication. Of course, elected members of council will still have an important role in terms of advocating for funding. Respectfully Submitted Stephen Chase Deputy Mayor 0 .. ........ . ............................ -- - - - ---------- ---------- - - - -- - -------------- SAINT JOHt"rTT RO. Box 1971 Saint John, NB Canada E2L 4L1 I www,saintjohn.ca I C. R 1931 Saint John, N. -B, Canada E2L 4L1 264 June 15, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Minimum Property Standards Statistics From May 2008 to May 2009 Context: A significant amount of staff time and expertise was utilized in creating this positive change direction. Mr. Edwards and Mr. Woods worked very closely with staff from the Department of Local Government to craft the legislative changes required by municipalities to enforce the required Data from May 2008 to May 2009 includes: 1) Minimum Standards violation letters issued-230+ 2\ Formal Notices 10 Comply issued for Minimum Standards —37 3) Court appearances for Minimum Standards (charges laid) —11 4) Courts have imposed a total of $5,490 in fines as a result of these enforcement actions. Motion: To have Ms Pmfhomroth, Deputy Commissioner Buildings and Inspection Services Department, speak to Council concerning the Minimum Property Standards statistics for the past year. Peter McGuire Councillor — City of Saint John Q00- SAINT JOHN P0.Box1971 Saint John, N8 Canada E2L4U | wwwsaintjohn.ca | C.P. 1971 Saint John N,8.[anmdm E2L4U The City of Saint John 11111111im�� Your Worship Mayor Ivan Court & Members of Common Council: Re: West Saint John Recreation/Leisure Examination Context: Several discussions have taken place between myself and Staff regarding this very important infrastructure issue. |t should be noted that 'Recreational Opportunities' were identified bv participants in the recently held West Saint John Retail Forum as a needed resource to assist in retail growth. The business case thinking is that enhanced: recreational opportunities will attract people who in turn will utilize retail establishments. In this context we must begin to view recreationa I growth as a contributing factor to economic growth, As feedback to Council we are in the preliminary stages of developing a template to identify the critical variables to complete this examination, I would like to thank the following staff for this effort as we move forward with this task: Mr. Bernie Morrison — Commissionerof Leisure Services Mr. Chuck Edison and Ms. Nancy Mcar Motion: Receive and File this report. CouncU|mr — CityofSaint]ohn SAINT JOHN —Le|sure Services Coordinator —Communications Director RO. Box 1971 Saint John, NB Canada E2L 4LI � wwwsaintjohn.ca I CA 1971 Saint John, N.-B. Canada E2L 41_1 '[he city of saint John June 15, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: West Saint John Retail Development Forum Participant Feedback Summary Context: As has been mentioned several times in Open Session, the above event was extremely meaningful and visionary in nature. The document presented provided Council with a pathway to enhance the growth of the very critical retail sector now emerging in West Saint John. The document mentioned above includes within its text a section entitled `Next Steps.' Three steps are identified but it is the second step which must be the focus for Council and which comprises the theme of the motion presented. Motion: That the City Manager establish a meeting with Ward One Councillors and the appropriate Senior Staff to examine ways of strengthening the pedestrian linkages between neighbourhoods and the shopping areas on Fairville Boulevard. rrM s miffed, r i Councillor — City of Saint John P.O. Box 1 971 Sant John, NB Canada E2L40 I wwwsaintJchn,,ca I C.P.. 1971 Saint John, N, -B. Canada E2L41-1 267 6j�e ENTERPRI S E SAINT JOHN West Saint John Retail Development Forum Participant Feedback Summary Over 100 citizens and retail community stakeholders gathered at the West Saint John Retail Development Forum on Thursday, May 27`' 2009 at Branch 69 Legion, 714 Wilson Street, to discuss and explore ways to retain and attract people, ideas and investment to West Saint John's retail sector. Guest speakers included developers, retailers and City of Saint John staff who shared their visions for infrastructure planning, retail growth and real estate management. Citizens were then invited to participate in working sessions to identify and prioritize desired retailers, infrastructure investments and amenities which would continue to build our Community where you can live life on your terms. The forum was coordinated by Enterprise Saint John, in partnership with the City of Saint John and the Saint John West Business Association. It was promoted through e- letters, newspaper advertising, the Enterprise Saint John web site, and hand delivered invitations to businesses along Fairville Boulevard. 268 "!t was very exciting to see the passion in the room.., everyone wants to play an active role in shaping the growing prosperity of West Saint John's retail sector." Jay Reid, Enterprise Saint John Current & Future Retail Projects The forum provided citizens, businesses, and property owners the opportunity to learn about significant retail projects underway and planned, and to learn about City of Saint John's capital infrastructure projects planned along the Fairville Boulevard Corridor. Highlights of the City of Saint John Infrastructure Projects Supporting Retail Growth for 2009 ■ Reconstruction of the Harding Street and Lancaster Mail intersection ■ Reconstruction of the roadway on Fairville Boulevard between Catherwood Street and the Lancaster Mall entrance ■ Surface reconstruction of the Catherwood Street and Fairville Boulevard intersection ■ Simms Corner Phase 1 redesign Discussion Panel Special thanks to our panel participants: Bruce Creber, VP Real Estate Operations, Counsel Corporation Madeleine Nicholls, VP Real Estate Leasing, Counsel Corporation Randy Pederson, Java Moose Bruce Schnare, The Plaza Group Joan Courtney, VP, Real Estate Development, Eastern Canada, Canadian Tire Madeleine Nicholls, vice- president of real estate leasing for Counsel Corporation, says the Lancaster Mall is poised to serve west skiers better. Brainstorming Working Sessions Citizens were provided the opportunity to share in the long term vision for the West Saint John retail sector through their participation in two brainstorming sessions. The information collected during these sessions will be used to: 1. Identify and attract retailers desired by the community; and 2. Help the City of Saint John determine the community's priorities as they plan future capital investments in West Saint John. Session #1: What Stores Would You Like to See? Identify and prioritize the top S types of retail stores that you feel are missing or wanted in West 5oint /ohn. Key Findings The top priority identified was the attraction of new family restaurants. Suggested restaurants included: Boston Pizza, East Side Mario's, Swiss Chalet and a seafood restaurant. A very close second was the attraction of a movie theatre complex. Rounding out the top 5 priorities based on participant feedback were the addition of a new shoe store, hardware /building supply store and co -ed fitness facility. 269 Many participants rose concerns over the lack of a quality footwear store on the west side. It was suggested that attracting a shoe store like Green Lee Shoes into the mall would fill that void. The hardware/building supply stores that were mentioned as good additions to the west side were Kent or Home Depot. With regards to the desire for a new co -ed fitness facility, many people suggested possible franchises like Nubody's and GoodLife Fitness. Other retailers and types of retailers that were mentioned included: Princess Auto, Bulk Barn, Michael's, Fabricville, a new car dealership, and outlet stores such as Tommy Hilfiger and the Gap in an outlet strip mall. It was also suggested that a gas station or Tim Horton's would be a welcomed addition off the highway on the route toward Point Lepreau to service the many people working in that area as those types of amenities are currently lacking. Given that the land on the Fairville Boulevard for further expansion of the retail sector in West Saint John; some people expressed that they felt that there should be some effort exerted to help re- locate the existing industrially -based businesses to the Spruce Lake Industrial Park. Listing of all submissions ■ Family Restaurants (Boston Pizza, Fast Side Mario's, Swiss Chalet, Seafood) ■ Movie Theatre ■ Shoe Stores • Hardware /Building Supply Store (Kent or Home Depot) ■ Co -ed Fitness Facility ■ princess Auto Attract a shoe store like Green Lee Shoes to the mall • Craft /Fabric Stores (Michael's, Fabricville) ■ Outlet Stores (Gap, Tommy Hilfiger etc.) Bulk Barn • Outlet Strip Malls (i.e. Kittery) • Outdoor Recreation/Amusement (Tree Go) ■ Amenities such as a Tim Horton's or Gas Station heading west toward Point Lepreau • New Car Dealership • Push OUR Industrial Park Session #2: Infrastructure Investments & Amenities Identify the infrastructure investments and amenities you feel are required to create an environment that will attract more retail development to West Saint John. Key Findings The responses gathered during this session reflected traffic and pedestrian safety issues, capital investments into roads, population density ideas, recreation opportunities and other. Traffic and Pedestrian Safety A common theme amongst the responses gathered was the need to create safe linkages from the residential areas of Greendale, Quinton Heights, Island View Heights, West Gate Park and other neighbourhoods to the shopping area on the Fairville Boulevard. They felt that these linkages could be created through the construction of a new sidewalk on the Kierstead Road and an expansion of sidewalks toward Gault Road. 270 Other suggestions to improve pedestrian safety included the addition to street lighting to follow the new sidewalks suggested and more crosswalks to ensure safe street crossings. Although safe driving and appropriate safety measures are recognized by the citizens, some suggested that they would like to see fewer traffic lights to eliminate the stop and starting that is common in the East Saint John shopping district. Capital Investments into Roads With regards to future investments into the road network, the participants mentioned the need to remediate potholes and ensure proper maintenance of the road infrastructure and they suggested improvements to Westfield Road to make it safer for residents in the Grand Bay - Westfield area to access the West Saint John shopping district. Population Density Ideas In order for a retail area to be successful, it needs to attract shoppers. One of the suggestions to create more density in the area was to construct a senior citizens complex comparable to the Loch Lomond Villa with various levels of assisted living available and located on a bus route. A second idea that was presented was the construction of new housing targeted for the 55 yrs. + age group. This could be in the form of new garden homes or upscale apartments. Recreational Opportunities A number of participants expressed the importance of creating additional recreational opportunities in West Saint John to attract more people to want to live in West Saint John and in turn, draw more people to support the retail sector. The suggestions gathered at the forum included the creation of more walking, hiking and biking trails, expansion of the west end of Harbour Passage, a gymnasium accessible to the public and the expansion of rinks. Other Some participants felt that there needs to be better recycling programs and better access to blue bins as communities are becoming more environmentally conscientious. Listing of all submissions ■ Family Restaurant (Arby's, Swiss Chalet, Seafood) • Gymnasium ■ Fewer traffic lights ■ Expand rinks • More walking, hiking and biking trails • Better recycling programs (Blue bin accessibility) • More Crosswalks ■ Walking access from Manawagonish Road to Fairville Blvd. (street lighting and benches) ■ Expand sidewalks etc. to complete Gault Road ■ Improve the road between Grand Bay (Westfield Road) to West Saint John ■ Senior complex comparable to Loch Lomond Villa (nursing, assisted living and senior apartments with access to public transportation.) ■ Expansion of Harbour Passage ■ Construction of housing and upscale apartments for people 55 yrs. + ■ Fixing pot holes and roads ■ Sidewalks for Keirstead Road 271 Next Steps 1. Enterprise Saint John and the Saint John West Business Association will work with developers and retailers to promote the priorities identified during the forum. 2. Ward 1 Councillors will meet with City of Saint John staff to look at ways of strengthening pedestrian infrastructure required for linkages between neighbourhoods and the shopping areas on Fairville Boulevard. 3. Enterprise Saint John will update progress of action items at a future ward meeting. 272 JUN/04/2009/THU 05.05 PM Rogers FAX 0,506 -64 -5116 P, 1001 N ROGERS M To; City of Saint John From: Rogers N Fa3a 674.4214 Pages; two Pholm Date: June 4, 2009 Re: Council Coverage cc: ❑ urgent ❑ For Revlaw ❑ Please Comment ❑ Plemm Reply ❑ Please Recycle • comments:. Please see the attached letter ftum Rogers N Reglonal Manager Scott Jackson If you have any ❑tnxibleThe information contained in this telecopy is intended only for the use of the recipient with this atrawnissionnamod above, This tof&�4py may contain privfleged, confidential or undisclosed Infomtattion. If the reader please Qcall the sender aiof this telecopy is not the intended recipient or an agent responsible for delivering it to the intended recipient, Oft number above, you are hereby notllied tltat you have received this telecopy in error, and that any review, dissemination, dlstributlon or copying of it is strictly prohibited. If you have received this In error, please notify us Immediately by telephone (lf necamary call the number above called) and return the orlglnal transmittal by mail. Thank you. 273 JUN /04 /2009 /THU 05;05 PM Rogers FAX No.506- 646 -5116 P.002 ROG ERS (D- Mayor Ivan Court and Councilors The City of Saint John 15 Market Square PO Box 1971 Saint John NB Canada E21- 41-1 by facsimile: 506.674.4214 June 4, 2009 Rogers TV a division of Rogers Cable Communications Inc. 55 Waterloo Street Saint John, New Brunswick EK 4V9 Tel. (506) 646 -5020 Fax (506) 646 -5116 re: Webeasting_ @nd televising coverage of Saint John Council via Rogers Mayor Court and Councilors, The recent mandate to webcast council coverage °live" has raised a number of points that need to be addressed, impacting both the live webcast on www.rociersty.com and the delayed broadcast on Rogers TV. With respect, it's important that council sessions begin on time, Webcast arrangements are made well in advance and if council coverage is delayed, we're left webcasting an empty chamber to viewers. Rogers' personnel refer to the posted City of Saint John agenda on your web site for start times. When council meetings are delayed more than 16 minutes without explanation, Rogers' personnel withdraw. Live webcasting also make "in camera" sessions and break times difficult to deal with. Our suggested way to deal with these is to ask that 'in camera" sessions be scheduled at the end of council sessions, and that break times be kept to a maximum of 5 minutes. Currently we conclude coverage if "in camera" sessions exceed 15 minutes. Communication between City Hall staff and Rogers' personnel is key in all situations. We've recently made arrangements with the Common Cleric's office to contact us directly regarding any schedule changes. Council sessions are complex meetings to schedule, and Rogers is in no way attempting to manipulate council format. The advent of live webcasting has made it necessary to draw these matters to your attention. I look forward to your response and would be pleased to answer any questions on this issue. With thoest interests of your public profile at heart, I remain yours truly, , Regional Manager, Rogers TV cc. 'flizabefih Gormley, Common Clerk, City of Saint John 0 ROGERS- 274 M & C — 2009 -167 June 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Recent Amendments to the Community Planning Act BACKGROUND In June 2007, the Legislative Assembly of the Province of New Brunswick passed Chapter 59 entitled an Act to Amend the Community Planning Act (Bill 77) with respect to the delivery of planning services. Portions of this legislation were proclaimed in 2007 and further provisions were just proclaimed a few weeks ago. The legislation is the result of a significant amount of consultation undertaken in the Province; and the various legislative changes significantly reduce the amount of red tape and time involved in delivering basic land use planning services. DISCUSSION Council and PAC need to be aware that this piece of legislation introduces a number of significant changes to how planning is implemented in New Brunswick. These changes will directly impact staff and the Planning Advisory Committee in particular. T'ariancesef -om the Zoning Bylaw Of most significance, the legislation provides authority to the Development Officer to make decisions on many applications for Zoning Bylaw variances. These powers were exclusively the domain of the Planning Advisory Committee in the past. Specifically, the legislation gives the Development Officer the authority to grant or refuse the following types of variance requests identified in Section 34(3)(a) of the Community Planning Act: 275 (i) the minimum size and dimensions of lots and other parcels into which land may be subdivided' and the minimum size and dimensions Of land regiuired for any particular class of use or size of building or structure, (iii) the height, number of storeys, ground area, floor area and bulk of buildings and structures, (iv) the percentage cif land that may be built upon, and the depth, size or area of yards, courts, parking areas and open spaces, (v) the placement, location and arrangement Of buuildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water, (vii) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects, (viii) the types, dimensions and location of means of access of lots to streets, (ix) the faculties to be provided and maintained for Off- Street parking and loading of vehicles, (xiii) the location, dimensions, standards of construction and purposes of public advertisement. Enabling the Development Officer to make decisions on these variance applications will significantly reduce the caseload of the Planning Advisory Committee, reduce costs for the City of Saint John in processing these applications, and reduce the amount of time it takes to process these applications. Implementing these legislative amendments will have the other important advantage of freeing up time for planning staff and the Planning Advisory Committee to focus more effort on substantive planning issues including long -range planning matters. The legislation provides authority to the Development Officer to determine how these variance applications will be processed and it would appear to provide the latitude for the Development Officer to choose to refer applications to the Planning Advisory Committee if staff is of the view that the application would benefit from a further level of review. This legislative approach is similar to the process used in other Canadian provinces. These legislative amendments represent a significant modernization of New Brunswick's planning legislation and bring our province more in line with other jurisdictions. Appended to this report is a statement of procedure that has been jointly developed by the Development Officers of the City of Saint John, City of Fredericton, Town of Rothesay, the Greater Moncton Planning District Commission, and the Miramichi Planning District Commission. The Development Officers in each of these jurisdictions intend to implement a common process in dealing with variance requests. The operational procedure has been provided for the information of Council (and will also be provided to the Planning Advisory Committee). 276 It is proposed that these new procedures and the authority prescribed by the legislation will be implemented concurrently by each of the planning agencies identified above in July, 2009. Variances from the ,Subdivision Bylcnj) Amendments to the Act have also been proclaimed that permit the Development Officer to grant variances from certain requirements contained in the Subdivision Bylaw. There will be occasional situations where the exercise of these powers will result in efficiencies but subdivision proposals that involve land for public purposes and /or public streets will continue to require the approval of Common Council after having obtained the views of the Planning Advisory Committee. The appended operational procedure will also be used for Subdivision Bylaw variances. Temporary t Lse Variances Among the other features of this legislation, the Act provides that the Planning Advisory Committee may delegate authority for decision making with respect to temporary use applications to the Development Officer. A new provision has also been added giving authority to the Planning Advisory Committee to consider temporary use applications for an additional year over the one year maximum currently permitted; but only when a zoning amendment application is under consideration. Transferring authority for temporary use applications to the Development Officer would have similar benefits for the City of Saint John and its citizens as those identified for the specific variances identified in the previous section of this report. Saint John, however, does not normally receive a significant number of temporary use applications so it is not recommended that authority be transferred to the Development Officer at this time. Fees Amendments to the Community Planning Act remove the reference to a maximum fee for rezoning requests and permits the levying of a number of new fees for planning services. As documented in the Ircha Report, Saint John's planning fees are among the lowest in New Brunswick and staff intend to provide further information to Council on this issue as part of the 2010 budget process. Changes to the Subdivision Process The new amendments to the Act include a number of positive changes to the legislation respecting the subdivision process. The amendments are largely technical in nature but can be summarized as reducing "red tape" for subdivision applications. Enforcement The Community Planning Act has been amended to provide further authority for both development officers and building inspectors to enforce bylaws relating to development for the 277 benefit of the community. The previous requirement that Common Council approval be obtained prior to commencing enforcement action under Section 93 of the Act has been removed and this authority has been delegated to the Development Officer and /or the Building Inspector. This will speed up the enforcement process and eliminate the need to prepare reports for Council and await Council's approval to proceed with enforcement action. RECOMMENDATION It is recommended that: 1) The portion of the report respecting variances from the Zoning Bylaw, variances from the Subdivision Bylaw, temporary use variances, changes to the subdivision process, and enforcement be received as information. 2) Common Council direct staff to bring forward a comprehensive review of the City's fees for planning services with recommendations for a new fee stricture to more accurately reflect the cost of providing the service as part of the 2010 budget process. Prepared by: Approved by: Ken Forrest, MCIP RPP Terry Totten, FCA Commissioner City Manager Planning and Development 278 Miramichi Planning District Commission Greater Moncton Planning District Commission City of Saint John, Planning and Development Department City of Fredericton, Development Services Department Town of Rothesay, Development Services Department TITLE: Development Officer Variance Procedure Date: May 29, 2009 — Final Draft PURPOSE: To establish a common operational procedure for the issuance of variances within the authority of the Development Officer pursuant to Section 35(2) and 46 (1.1) of the Community Planning Act. AUTHORITY: The Community Planning Act provides the authority, through Section 35 (2) to consider variances from the following provisions of the Zoning Bylaw (as identified in Section 34 (3) (a)): (i) the minimum size and dimensions of lots and other parcels into which land may be subdivided, and the minimum size and dimensions of land required for any particular class of use or size of building or structure, (iii) the height, number of storeys, ground area, floor area and bulk of buildings and structures, (iv) the percentage of land that may be built upon, and the depth, size or area of yards, courts, parking areas and open spaces, (v) the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water, (vii) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects, (viii) the types, dimensions and location of means of access of lots to streets, (ix) the facilities to be provided and maintained for off - street parking and loading of vehicles, 279 (xiii) the location, dimensions, standards of construction and purposes of public advertisement, Section 46 (1.1) of the Community Planning Act permits the development officer, subject to the terms and conditions that he or she considers fit, a variance from the requirements of Section 42 (3) (b) or (h) of the Act. (b) prescribe standards for the laying out of public and future streets, lots, blocks, land for public purposes, and other parcels of land in subdivisions; (h) subject to any applicable setback regulation, where no rural plan under subsection 27.2(1) or 77.2(1) or zoning bylaw is in effect, regulate by classes of subdivisions the location of buildings and structures on lots established subsequent to the adoption of a provision under this paragraph. PROCEDURE: A. Application: 1. The applicant shall submit an application for variance to the Development Officer in the form prescribed by the planning agency. 2. Where the applicant is not the owner of the property, written permission from the property owner shall accompany the application. 3. The applicant must submit a site plan detailing the proposed development in relation to property and street lines and existing buildings /structures (and other site features as determined by the Development Officer) on the subject property. 4. The Development Officer shall not consider an application complete unless it is accompanied by the applicable fee. 5. The applicant is encouraged (but not required) to obtain letter(s) of support from the abutting property owners. B. Processing: 6. After the application is deemed complete, the Development Officer shall conduct a site visit of the subject property. 7. The Development Officer may refer any application to the Planning Advisory Committee /Planning Commission for a decision. The Development Officer may only refer applications to the Planning Advisory Committee /Planning Commission prior to providing any written notice to property owners outlined in Section C of this procedure. 8. On the basis of the site visit, the Development Officer shall determine whether the variance(s) requested are likely to impact adjacent property owners. 280 C. Notice: 9. If the Development Officer is of the view that there may be impacts on adjacent property owners, the Development Officer may provide written notice to those owners of land likely to be impacted as a result of the variance(s) requested. When provided, written notice shall be delivered by hand to the abutting property owners. 10. A written notice to adjacent property owners shall contain the following information: - Details respecting the variances sought by the applicant; - An invitation to submit written comments with respect to the variance(s) to the Development Officer within five (5) business days of the date of the notice; - The date when the Development Officer intends to render a decision on the subject application; and - That a copy of the record of the Development Officer's decision may be obtained by contacting the Development Officer. D. Issuance: 11. The Development Officer may approve a variance(s) if in his /her opinion the variance is: - reasonable; - desirable for the development of the parcel of land or a building or structure; - within the general intent of the Zoning Bylaw, the Municipal Plan, and any other municipal by -law affecting the development; and - not the result of an intentional disregard of a municipal bylaw. 12. The decision of the Development Officer shall be communicated to the applicant in writing and the record of the Development Officer's decision shall include: - Details with respect to the variances sought by the applicant; - Indication of the date and time when the Development Officer conducted a site visit; - Whether notice was provided to adjacent property owners and the reasons for providing /not providing notice to adjacent property owners; - The decision of the Development Officer; - Any terms and conditions that the Development Officer considers fit; - The reasons for the Development Officer's decision; - The signature of the Development Officer deciding the outcome of the application and the date the decision was rendered; and - A statement disclosing any right of appeal to the New Brunswick Assessment and Planning Appeal Board. 281 Miramichi Planning District Commission Greater Moncton Planning District Commission City of Saint John, Planning and Development Department City of Fredericton, Development Services Department Town of Rothesay, Development Services Department TITLE: Development Officer Variance Procedure Date: May 29, 2009 — Final Draft PIRPOSE: • establish a common operational procedure for the issuance • variances within the authority of the Development Officer pursuant to Section 35(2) and 46 (1.1) of the Community Planning Act. AUTHORITY: The Community Planning Act provides the authority, through Section 35 (2) to consider variances from the following provisions of the Zoning Bylaw (as identified in Section 34 0) the minimum size and dimensions of lots and other parcels into which land may be subdivided, and the minimum size and dimensions of land required for any particular class of use or size of building or structure, (iii) the height, number of storeys, ground area, floor area and bulk of buildings and structures, (iv) the percentage • land that may be built upon, and the depth, size or area • yards, courts, parking areas and open spaces, (v) the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water, (vii) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects, M 1 01 11 � M I I (ix) the facilities to be provided and maintained for off-street parking and loading of vehicles, 282 (Xiii) the location, dimensions, standards of construction and purposes • public advertisement, Section 46 (1.1) of the Community Planning Act permits the development officer, subject to the terms and conditions that he or she considers fit, a variance from the requirements of Section 42 (3) (b) or (h) of the Act. ,]ism P LS IM I 9• N IN 0 • 11;%&IM I I IIIQ 0 1:4 Ile:] Rg] M K 1 a M I I W*14 I i• OT 283 284 REPORT TO COMMON COUNCIL M & C-2009— 173 June 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Plan Amendment & Rezoning Application for a Portion of PID 55059026 Sandy Point Road by Cavanagh Homes Ltd. BACKGROUND: City of Saint John 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 in that same time frame. At approximately the same time, City staff had received an inquiry from a prospective developer regarding the purchase of approximately 4 hectare of land adjacent the Harrigan Lake parcel and abutting two City owned lots off Sandy Point Road, civic #1581 & #1601. This parcel (see attached sketch) is partially zoned "R- IA" One Family Residential and the balance is zoned "P" Park. The City had called for proposals with respect to the Harrigan Lake parcel twice to no avail and once to no avail for the aforementioned lots prior to year end 2008. The land in question abutting the City lots and adjacent the Harrigan Lake parcel is considered extremely difficult to develop due to its topography; as such it did not form part of any previous request for proposals. The proponent has brought forth a proposal that would add a significant number of town house units; in all 48 units, to be developed in a series of 12 buildings along a 350 meter section of private road. The development would be under a "trustee ownership model" and built along a private street. The City's portion of tax base generated by this development when complete will exceed $200,000 annually. The development would also tie into the Harrigan Lake development (should it proceed), and feature a trail system linking the development off Sandy Point Road with Rockwood Park. Municipal Operations have indicated that the development would not place undue strain on the traffic flow along Sandy Point Road. 285 Report to Common Council June 10, 2009 Page 2 This project as proposed would involve significant costs that are above and beyond a typical development due to the rugged topography: Standard land value for such a development should be in the order of $7,500 per unit; approximately $360,000 for the entire project; Due to the topography and geotechnical challenges associated with this site, the exceptional costs to complete the project is estimated to be $466,000; and Exceptional project costs may be recovered via the Residential Infrastructure Assistance grant of up to $6,000 per unit less pipe materials rebate, resulting in cost recovery for the developer of approximately $144,000. A land value attributable to the specific parcel in question should also reflect the total cost to build the road under the challenging circumstances: • Exceptional budgeted road and infrastructure costs nets out at $322,000 ($466,000 less the net Residential Infrastructure Assistance grant recovery of $144,000); • The typical land value in a straight forward development (less topographical challenges) is $360,000 as suggested earlier; and • Reducing the typical land value by the exceptional cost to construct results in $360,000 - $322,000 in a residual land value of $38,000. As such, the proponent is offering $38,000 for the required land subject to and conditional upon the following: • The property receives rezoning approval to the "TH" Townhouse zone; • The property is to receive Subdivision Cost Sharing up to $6,000 /lot; • No additional levies be applied to the development; • The City coordinates the ability to service this subdivision through the adjacent Harrigan Lake Development (Rockwood Condominiums); • The City coordinates the ability to create trail links through the adjacent property to Rockwood park (see attached sketch); • The trail dedication meets the development requirements for LPP; and • If the Municipal Plan Amendment and the Rezoning application is successful, the applicant, Cavanagh Homes be given 90 days to perform any necessary geotechnical surveys and detailed site design to confirm costing. The proponent would like to have a commitment from Council that it would accept the financial proposal as outlined above and as attached and provide a period to seek the necessary Municipal Plan/Rezoning; estimated to be up to 120 -150 days and to further allow the proponent an additional 90 days for geotechnical work to verify project costs. 286 Report to Common Council .tune 10, 2009 Page 3 In order to seek feedback from the neighbourhood and community, staff believed that a developer facilitated public engagement led by a professional planning consultant should be held prior to the rezoning process to ensure neighbourhood concerns are identified, development plans are fully shared, and there is an opportunity to enhance the plans based on citizen comments. Staff also disagrees with the notion of no levies for water laterals. The infrastructure was placed in Sandy Point Road with the intention of adding serviced development density and based on cost recovery of said infrastructure. As such staff would recommend the levy be applied to each 4 unit improvement; a total of twelve levy's for water which would result in approximately $50,000 of infrastructure recovery in the event this project becomes a reality. RECOMMENDATION: That Common Council agrees to subdivide and sell a 4 ha +1- parcel of PID 55059026 to Cavanagh Homes Ltd. upon the conditions outlined in the attached proposal and conditional upon a successful municipal plan amendment and rezoning, and further. 2. That Cavanagh Homes 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, Attachment 287 Ref No. S08080 March 6, 2009 Mr. Brian Irving Senior Manager Real Estate Services Planning & Development PO Box 1971 Saint John, NB E21- 41-1 RE: Land purchase on Sandy Point Road Mr. Irving, terrai nT� Thank you for the opportunity to submit this proposal on behalf of Cavanagh Homes Inc. The proposal is based on the attached concept plan. A few details of this development are: • 4.Oha of land • Twelve - 4 unit townhouse buildings — trustee ownership model with a selling point of $225,000 to $250,000 • 350 metres of private street • Design avoids individual driveways onto Sandy Point Road • Trail system would link Rockwood Golf Course with Rockwood Park • Provides development potential for an otherwise undevelopable parcel of land Purchase price This development would involve significant costs that are above and beyond a typical development (see attached cost estimates for more detail). Typically land costs for a townhouse development would be in the range of $7,500 /unit. In this case there are 48 units proposed for a land cost of $360,000. THE SCIENCE OF PRACTICAL SOLUTIONS From the attached cost estimates it is clear that the extra site development costs are in the range of $466,000. Part of these extra costs would be recovered through the rebate of the additional materials required to construct the roads. It is assumed that additional funds would be available through the residential infrastructure grant up to the maximum of $60001unit. Based on this, this would result in a rebate of $288,000. Assuming that the materials costs are about 40% of the construction unit rates, the materials rebate for Terrain Group Inc. the theoretical street would be about $144,000. 58o Main street, Suite 0130 Saint John, New BrunsMck Canada E2K115 ServIngAttantic Canada with offices in Saint John, Moncton and Dartmouth. teL 506.634117xg fax 5o6.693.8oi6 ENGINEERING I PLANNING 1 SURVEYING www.ten-aingmup.com 288 terra Y n- From all this we can calculate a purchase price as follows: Extra development costs, less extra residential infrastructure grant $466,000 — ($288,000 - $144,000) _ $322,000 — difference between this and theoretical purchase price = offer price $360,000 - $322,000 = $38,000 Cavanagh Homes is proposing to purchase the property for a purchase price of $38,000 subject to the following conditions: • Property receive rezoning approval to the TH zone • Property receive Enhanced Subdivision Cost Sharing in the amount of $6,OO011ot • Ne additiemal 'at levies be applied te the M,5�0 • The City coordinate the ability to service this subdivision through the adjacent proposed development know as Rockwood Condominiums • The City coordinate the ability to locate a trail across the adjacent proposed development to link to the existing trails in Rockwood Park as generally illustrated on the attached sketch • The proposed trail network across this development and adjacent developments be given in place of Land for Public Purposes • Following rezoning, Cavanagh Homes have a period to perform due diligence such as topographic surveys and detailed site design to confirm preliminary cost estimates are reasonable We trust you will find this proposal satisfactory. If you have any questions or concerns or would like to discuss this in more detail please do not hesitate to contact us. Yours truly, TERRAIN GROUP INC. Andrew Toole, NBLS, P.Eng. I certify this offer was approved under my direction and agree to be bound by the terms set out above: MCLA.C- Mike Cavanagh Date FOR: Cavanagh Hom s Inc. 289 3. Sandy Point Road - Proposed Townhouse Development oral LmVth of Street 347. Cost r m of Street Cost Estimate - Class 'C' 100mm 0 PVC DR35 with crasket or approved equal lin. m $140.01) Based on survey n S08080-716 $60,480.00 3.2 Item Number D"criptlon Unit of Unit Estimated Unit $100,700.00 Measure Rate Quantity Cost 1. MASS EXCAVATION - Roadway (ROW to ROW) $380.00 $60,000.00 1.t Clearing and Grubbing mZ $5.25 4680 $24,570.00 1.2 Mass Excavation m3 $9.0p 4200 37,80 $37,8510 00 1.3 Mass X11 Placement and Compaction m $525 31880 $167,370.00 Subtotal - SANITARY SEWER SYSTEM Subtotal - MASS E7CGAVATI4N - Roadway (ROW to ROW) each $1,990.00 6 $11,940.00 $229,740.00 3. SANITARY SEWER SYSTEM oral LmVth of Street 347. Cost r m of Street 3.1 100mm 0 PVC DR35 with crasket or approved equal lin. m $140.01) 432 $60,480.00 3.2 200mm 0 PVC DR35 with casket or approved equal fin. m $190.00 530 $100,700.00 3.3 200mm sewer lateral connections to main each $380.00 1 $380.00 $60,000.00 Suppiy and Install 1050mm 0 precast MH complete with City adjustable frame and cover and Incl. all 1050mm 0 recast MH complete with City adjustable frame and cover each $3,690.00 5 3.4 labour & materlele necaseary to connect to new and ordatinp mains 8 latemb, phs bencfdrg, etc. each $3,1100.00 6 $2ZSW.00 Subtotal - SANITARY SEWER SYSTEM connections each $1,990.00 6 $11,940.00 Subtotal - STORM SEWER SYSTEM §1!34,360.00 4. STORM SEWER SYSTEM oral LmVth of Street 347. Cost r m of Street 4.1 150mm 0 concrete, class III with asket or approved equal fin, m $170.00 216 $36,720,00 42 200mm 0 concrete, class Ill with gasket or approved 2 qua[ tin. m $140.00 30 $4,200.00 43 300mm 0 concrete class III with gasket or aeproved equal tin. m $160.00 375 $60,000.00 4.4 1050mm 0 recast MH complete with City adjustable frame and cover each $3,690.00 5 $19,450.00 4.5 750mm 0 precast catch basin Type 11, complete with City standard frame and cover, incl. all connections each $1,990.00 6 $11,940.00 Subtotal - STORM SEWER SYSTEM $132310.00 no 39 1180. oral LmVth of Street 347. Cost r m of Street Fatal Number of Units Cost BE Unit 124. 110tes" 1. Estimate presented in 0D9 prices 2- Esftate does not IrrWe engineeft design or construction servitm. 4. Assumed that WI semr 'k, V a « I'M R, 290 am 1- 01111117 + Sandy Point Road - Proposed Townhouse Development Cost Estimate - Class 'C' Theoretical Street Rased on plan SOB080 -200 Item Numrber Description Unit of Measure Unit Rate Estimated Quantity Unit Cost Materials Cost Rebate 140%approx.l 1. MASS EXCAVATION - Roulw ROW to ROW) $M,920.00 1,A1 Clearing and Grubbim mZ $5.00 3000 $15,000m 2.3 1 A.2 Maas Excavation - Common Assumed Perceraa e = 20%) m' $9,00 0 $0.00 1.A3 Mass Excavation - Rock Assumed Percents e = 751/6 �rgO OO $50 -00 0 $0 -00 1 A.4 Mass Excavation - Unsuitable Material = Assumed Percents e = 5 % j $9.00 0 $0.00 tA.5 Mass F1Y Placement and Coin $5.00 0 50.00 Subtotal - WATER DISTRIBUTION SYSTEJA Subtotal - MASS EXCAVATION - Roodwa ROW to ROW) $15,000.00 $0.00 2. WATER DISTRIBUTION SYSTEM 2.1 50mm 0 T "IC' soft copper i Indudhy tracer wlra and connections 9n. m $160,00 432 $69,120.00 $M,920.00 2.2 200mm 0 PVC DR18 Class 150 or approved eqLW lnd!ELkN tracer wire and connections tin. m $230.00 230 $52,900.00 2.3 50mm curb stops complete, incl. connection to existing service pip[ng with necessary fillings each $500.00 12 $6,000.00 2.4 50mm corporation (main) stop complete with service saddle (bid. connection to rnaln, existing service i with all fittings, excavation and bacMl each �rgO OO 12 $6060 04 2.5 200mm dia. Tap into existing 300mm pipe each $f,000.00 1 $1,000.00 2,6 19re h rant complete lateral, lee, bends end a each $4,970.00 2 $9,940.00 Subtotal - WATER DISTRIBUTION SYSTEJA $145,920.00 $56 36Lf10 3. 1 SANITARY SEWER SYSTEM 3.1 1 00m 0 PVC DR35 with gasket or approved equal tin, m $140.00 432 $60,480.00 $M,920.00 3.2 200mm 0 PVC DR35 with gasKet or approved equal tin. m $190.0D 230 $43,700.00 $160.00 3.3 200mm sewer lateral connections to main each $380.00 1 $380.00 3.4 Supply and Install 1050mm 0 precast MH complete with City adjustable frame and corer and incl. all labour S materials neeessery to canned to new and existing mains fl Warals, pis benching. etc. each 53,800.00 3 $11,400.D0 each Subtotal - SANITARY SEWER SYSTEM $115,960.00 1 $46,364.00 4. STORM SEWER SYSTEM - 4 -1 200mm 0 concrete, class III with gasket or approved equal lin. m $170.00 216 25 $36,720.00 $3500-00 $M,920.00 200mm 0 concrete, class III with gasket or approved eg2al fin, m $140.00 4.2 300mm 0 ooncrete class Ilf with pasket or approved equal fin. m $160.00 225 $36,000.00 $100.00 4.3 1050mm 0 precast MH complete with City adjustable frame and cover each $3,890.00 3 $11,670= 200 4.4 750mm 0 precast catch basin Type II, complete with City standard frame and cover. Incl. all connections each $1,9w.00 4 $7,960.00 Subtotal - STORM SEWER SYSTEM $95,850.00 1 $38,340.00 5. STREET CONSTRUCTION - NEW STREETS 511 450mm litl of Pltrun Sub -Base m 525.00 1165 529125.00 $M,920.00 5.2 150mm 9h of 1 Omm Minus Grarrutar Base Course m, $27.00 400 $10,8M.00 5.3 50mm lift of T B Asphalt tonne $100.00 250 $25,000.00 5.4 40mm Ik o Asphalt tonne 110.00 200 322 000.00 HST 13% $65.020.15 m Subtotal - STREET CONSTRUCTION - NEW STREETS $127,42100 50.00 rsn ota ro SUMMARY 1 Subtotal - MASS EXCAVATION - Roadwa ROW to ROW $15 000.00 $0.00 2 Subtotal - WATER DISTRIBUTION SYSTEM $M,920.00 $58 368.00 3 Subtotal - SANITARY SEWER SYSTEM $115,960.00 $46,384.00 4 Subtotal - STORM SEWER SYSTEM $95,8M.00 $38,34.00 5 Subtotal - STREET CONSTRUCTION $127,425.00 $0.00 Total 55D0155.00 $143AZOO HST 13% $65.020.15 1 $18,801.95 rsn ota ro 55pg1 alel Length of Street 250. Bcast r m of Street $2,000.6 otel Number of Units 48. 122M per Unit $10,419.d Notes: 1. Estimate preserved in 2009 prices 2 Estimate does not include engineering design or construction services. 3. HST excluded from ao coils 4. Assumed Thal all sewer fkrm are by gravity, provisions have not been made for lift stations or pumping. 5. Estimate kwAides mean excavation for roadway {ROW to ROW) orgy 1of1 293 And Members of Common Council Your Worship and Members of Council, SUBJECT: QUALITY ASPHALT PAVEMENTS A COMMITMENT TO IMPROVING SAINT JOHN STREETS AN INVESTMENT IN VALUE A functional, well maintained network of streets is important to the community - for citizens and their neighbourhoods, for motorists, commerce, industry and our public institutions. Asphalt pavements also represent a major investment in public infrastructure. The City of Saint John has an expanding urban- suburban -rural network of 1,137 streets; 1,206 lane kilometres of pavements, comprising about 4,462,200 square metres of asphalt. As is the case for infrastructure generally, asphalt streets present a service and financial challenge for government. ca Can a standard be attained that meets expectations, creates a positive image for the community and minimizes adverse direct costs on users? Ga Can asphalt streets be kept in good repair and the growing "infrastructure deficit" related to asphalt pavements brought under control? ca Can such a standard be achieved in a manner that is affordable to taxpayers? Tansible Infrastructure Assets The replacement cost of tangible street assets (pavement and base materials only, not the entire street) is substantial; currently estimated at over $300 million. Factoring in everything that roads and streets mean to the life of the community and its economy, the all - inclusive value of this infrastructure is much higher. INVESTMENT IN THE COMMUNITY 294 'nk QUALITY ASPHALT PAVEMENTS M &C 2009 — 175, PAGE 2 °e. A COMMITMENT TO IMPROVING SAINT JOHN STREETS JUNE 10`", 2009 POLICY OF QUALITY STREETS A commitment to quality streets is good policy - social, economic and financial. This report follows -up on dialogue with Council during 2009 budget deliberations; it reviews the nature of asphalt pavements, the need for life -cycle management of these assets, and the level of investment required for Saint John streets. Councils have been warned for many, many years that the City has not invested adequately in its inventory of asphalt pavements — in a consistent, pay -as- you -go manner necessary to maintain desired service standards and to assure value for money over time. The consequence of insufficient renewal and resurfacing is seen in the deteriorating standard of many streets. The strategy set out herein seeks to chart a new direction. FINITE SERVICE LIFE OF ASPHALT PAVEMENTS Asphaltic concrete is a mixture of dried aggregates, heated and bound together into a mass by asphalt cement (an oil -based binder). The "hot mix" material is hauled from the mixing plant to a paving site where it is dumped into a mechanical spreader and placed in a smooth layer to be compacted by rollers. Compaction must be performed while the asphalt is sufficiently hot. Pavements are typically placed in two courses (base and seal) directly on a prepared sub -base or a single layer over an existing milled surface. Hot mix pavements are relatively durable and flexible, allowing streets to handle traffic loading, weather conditions, extreme temperatures and the contraction- expansion of freeze -thaw cycles. But, even the best constructed pavements have a finite life. The asphalt materials used in street construction deteriorate over time. As asphalt pavements age, several factors contribute to breaking down the asphalt oil (cement) that binds the material components together causing loss of ability to flex. The hot asphalt begins to cool immediately upon being laid; beginning a process that eventually robs the pavement of its life. Oxygen and water bathe the street surface reacting chemically with the "binder ". Initially necessary for pavement hardening, the reaction also causes materials to become more and more brittle. As aging progresses, the "binder" breaks down; resulting in the ravelling or breaking apart of aggregates. Regular maintenance such as crack - filling, patching and overlaying is essential to maximizing pavement life. However, maintenance alone will not preserve pavements indefinitely; replacement will be ultimately necessary. INVESTMENT IN THE COMMUNITY 295 QUALITY ASPHALT PAVEMENTS M &C 2009 •- 175, PAGE 3 E '?` A COMMITMENT TO IMPROVING SAINT JOHN STREETS JUNE IO' p 2009 Asphalt pavements age in a predictable way; moderate at first, the rate of deterioration accelerates after a number of years. Without timely maintenance and resurfacing intervention, the pavement structure and, hence, its surface condition transforms relatively quickly from fair to poor, to serious and then failure. Cost implications also increase significantly through this process of deterioration. C30OD N Typical Pavement Deterioration Curve SATISFACTORY $1.00 FOR FAIR REHAEIL.IATION E HERE SIGNIFICANT DROP VERY POOR IN CONDITION !1 WILLCOST ,L HERETO SS.00 SERIOUS FAILED SMALL % OF PAVEMENT LIFE TIME As asphalt ages, it becomes brittle and loses its ability to flex. Heavy loading (for example, heavy trucks and transports) causes pavement fatigue and combines with the effects of climate to cause more severe cracking, weathering and ravelling. The aging process is hastened where there are poor soils, utility cuts and other breaches of the surface, poor drainage and water infiltration. Heat and the ultra- violet rays of the sun accelerate decline. Water that penetrates the surface gets into the base course and undermines its integrity, leading to oxidization of the asphaltic cement binding the pavement materials together. Gasoline and oil spillage also soften and deform asphalt, speeding up its eventual failure. Adding to this "conspiracy" is winter; moisture trapped in the pavement structure freezes and thaws, leading to break -up and potholes. PRESERVATION - MAXIMIZING PAVEMENT LIFE A newly constructed (or reconstructed) and well paved roadway represents an ideal pavement state. Engineering standards, good design and proper construction are all part of achieving quality pavements. Once the asphalt surface is in place, the focus must become preservation; tracking condition, carrying out regular maintenance and timely pavement rehabilitation - to maximize economic service life of the pavement structure. Pavement preservation is the sum of activities that provide for and maintain streets in user - friendly condition. It aims to protect the investment in the street network, enhance its performance and minimize disruptions in service. Preservation activities optimize benefits over costs and extend the service life of streets by providing for a cost - effective set of treatments and repairs. INVESTMENT IN THE COMMUNITY 296 air,JJl QUALITY ASPHALT PAVEMENTS A COMMITMENT TO IMPROVING SAINT JOHN STREETS M &C 2009 - 175, PAGE 4 JUNE 10-, 2009 Based on the needs of the streets inventory and the service priorities of the community, pavements should be managed rationally and invested in on a system -wide, life -cycle basis - as a policy of Council. Regular maintenance and rehabilitation will prolong pavement life, but will not preserve street surfaces indefinitely. The timeliness of resurfacing, however, is very important. Inadequate investment in asphalt pavements is not good economics. All too common in Canadian cities is a tendency to defer necessary renewal of existing infrastructures; and, instead, to focus attention and resources on new, higher profile capital initiatives. Eventually, this lack of commitment to infrastructure renewal leads to a level of deterioration that becomes plainly evident, along with a growing "pavements deficit ". When a "need for renewal" becomes a "need for replacement ", cost implications increase substantially. It is more economical over the long -term to invest in and look after streets on an ongoing basis, spreading out costs over time - to all who benefit from the network. Municipal councils and administrators are generally familiar with this reasoning and, probably, agree with it. The real challenge, however, arises when the time comes to make the essential policy commitment in the annual budget. The outcomes possible are related directly to consistency of investments made. PAVEMENT CONDITION INDEX (PCI) A newly constructed (or reconstructed) and well paved roadway (ideal pavement state) has a Pavement Condition Index (PCI) of 100. PCI is a quantitative condition assessment of asphalt pavement based on distress type, severity and extent. INVESTMENT IN THE COMMUNITY 297 StArIC1161111 PV 100 PCI along Typical Pavement Deterioration Curve es $1 for RobabUltation Significant DMI) 40 in, Condllion 11L 10 Srr all % of ilv foment U14 Time INVESTMENT IN THE COMMUNITY 297 4 �� -' QUALITY ASPHALT PAVEMENTS M &C 2009 - 175, PAGE 5 `�� A COMMITMENT TO IMPROVING SAINTJOHN STREETS JUNE 10 ", 2009 MicroPAVERTM, an automated program developed by the US Army Corps of Engineers, has been introduced to help better understand and manage pavements from a full- system, life -cycle perspective. From inspection data, MicroPAVER produces a composite pavement condition index (PCI) - from 0 to 100 — that summarizes structural integrity and surface operational condition, and predicts maintenance and rehabilitation (M &R) needs into the future. Shown below are examples of pavement conditions in five of the seven PCI categories. INVESTMENT IN THE COMMUNITY 298 QUALITY ASPHALT PAVEMENTS A COMMITMENT TO IMPROVING SAINTJOHN STREETS M &C 2009 - 17S, PAGE 6 JUNE 10-, 2009 The network of streets has undergone its first full set of inspections; condition surveys of distress type, severity and quality. With this data, the predictability model has produced a full set of PCI ratings for city streets, showing an average network PCI of 67.04 (June 2009); this with average annual investments in recent years of about $4.5 million in resurfacing and pavement construction combined. PCI Summary Current PCI ratings of streets by category are summarized as follows: 1. Good PCI: 86 -100 220.14 lane-kilometres 18.25% 2. Satisfactory PCI: 71 -85 441.85 lane-kilometres 36.64% 3. Fair PCI: 56 -70 240.91 lane - kilometres 19.98% "critical" range 4. Poor PCI: 41 -55 146.12 lane-kilometres 12.12% 5. Very Poor PCI: 2640 6. Serious 7. Failed PCI: 11 -25 PCI: 0 -10 86.02 lane-kilometres 7.13% 32.67 lane- kilometres 2,71% 38.29 lane-kilometres 3.17% The regular program of inspections kicked off this summer will update condition information and enhance the level of confidence in the database. The full inventory of streets will be inspected on a two or three -year cycle, allowing the MicroPAVER predictability model to update condition ratings and PCT of street sections annually. Sample PCIs A small sample of individual street PCI ratings (2009) is set out below: Alvic Place Gault Road to end 94.00 City Road Garden Street to Delhi Street 62.86 Danells Drive Allingham Crescent to West Vale Park 56.43 Dorothea Drive Champlain Drive to Robar Court 42.69 Douglas Avenue Chesley Drive to Bentley Street 95.50 Douglas Avenue Clarendon Street to Alexandra Street 50.60 Golden Grove Rd Harmony Drive to John T MacMillan Ave 32.19 King Street Chipman Hill to Charlotte Street 89.50 Main Street West Church Avenue to Ready Street 73.51 Somerset Street Wellesley Avenue to Frink Street 47.70 Station Street Sewell Street to Garden Street 84.87 University Avenue Millidge Avenue to Candelwood Lane 42.40 Westmorland Road Consumers Drive to McAllister Drive 82.57 Westmorland Road Mountain Road to Glengarry Drive 34.18 INVESTMENT IN THE COMMUNITY 299 QUALITY ASPHALT PAVEMENTS r 3 A COMMITMENT TO IMPROVING SAINT JOHN STREETS CRITICAL PCI M &C 2009 - 175, PAGE 7 JUNE 10", 2009 The concept of "critical PCP' is based on the principle that it is more economical to maintain pavements in good condition, rather than try to recover deteriorated streets. "Critical PCP" is the point at which the rate of condition deterioration (PCI loss) begins to speed up with time and where the cost of applying localized preventive maintenance also rises sharply; usually in the range of 56 to 70 (fair PCI). It is generally recognized that repair and reconstruction costs for streets below the "critical PCP' range will be four to five times those of timely rehabilitation (resurfacing). Im 0 muumiiii Time ... Dependent on Local Conditions Although this might seem counter - intuitive, the primary focus should be on investing in streets that have not fallen below the "critical PCP' range. After that point, resurfacing and other preventive maintenance applications are, in most cases, not cost-effective.* M &R Activities Maintenance and rehabilitation (M &R) activities, organized into four levels, should reflect pavement condition and "critical PCP': t I. Localized Repair (Safety/: to keep pavement surface operationally safe (repair broken sections, fill potholes); applied to pavements below "critical PCP'. 2. Localized Preventive: distress maintenance performed with primary objective of slowing the rate of deterioration (crack sealing, area patching, including the T- patch standard); applied to pavements above "critical PCP'.* 3. Global Preventive: resurfacing and other extensive surface treatments applied to pavement sections with primary objective of slowing the rate of deterioration; applied to pavements above "critical PCP' *. 4. Major Rehabilitation: reconstruction and structural overlays applied to entire pavement sections to renew, correct or improve structural condition; to upgrade pavements that are below "critical PCP'. I Pavement Management forAirpons, Roads, and Parking Lots, M.Y. Shahin, Kluwer Academic Publishing, Boston, 1994/2002 INVESTMENT IN THE COMMUNITY 300 yJ �f r QUALITY ASPHALT PAVEMENTS A COMMITMENT To IMPROVING SAINT JOHN STREETS M &C 2009 1 75, PAGE 8 JUNE 10 -.2009 PAVEMENT MANAGEMENT: RECOGNIZING VALUE, UNDERSTANDING NEEDS The basic goals of pavement management are safety, maximizing the service life of streets and protecting the investment in these tangible assets. Asphalt streets have monetary value and, to optimize value for money and extend service life, adequate and ongoing funding for their care and renewal is essential; allocating resources in a way that recognizes the fundamental value to the community of good roads. Value of Good Roads The value of roadway infrastructure is linked directly to our city's functionality, its economy, the quality of life it offers and the strength of its tax base. A focused pavement management strategy should factor in: 1. Council policy on desired condition for the overall inventory of pavements; 2. Quality pavement design, construction, maintenance, and rehabilitation; 3. Ongoing research into long - lasting, low - maintenance asphalt pavements; 4. Systematic asphalt pavement management and preservation procedures; 5. Strict criteria for all excavations in and restorations of paved streets; 6. Adequate and ongoing funding for the network of municipal streets; and 7. Asset value accounting within a comprehensive asset management program. Policy Aim Common Council should adopt a policy aim of attaining and maintaining an overall network PCl (condition) of at least 70 for paved streets in Saint John; understanding that the higher the level sought in the near terra, the greater the short-range financial outlay required to achieve that goal. Life -Cycle Management Pavement management is an ongoing, life -cycle process; it identifies when specific streets require work and chooses the appropriate treatment. The strategy being proposed would budget systematically for maintenance and renewal, and establish the "right time" for the "right type" of repair. Timely rehabilitation during the early stages of deterioration is far less expensive than rebuilding failed streets. Council's Challenge The challenge for Common Council is to fundamentally change long standing investment patterns; to commit to a level of annual funding for asphalt pavements that will achieve the quality standard set out in its policy. Failure to appreciably alter the status quo will mean decline, dissatisfied citizens and, important to understand, poor "value for money" over the long terra. INVESTMENT SCENARIOS With substantial one -time funding assistance from the Province of New Brunswick, along with an expanded inventory, the City has invested in the order of $4.5 million per year over the past five years in resurfacing and reconstruction of asphalt pavements. INVESTMENT IN THE COMMUNITY 301 y QUALITY ASPHALT PAVEMENTS ,ya k A COMMITMENT TO IMPROVING SAINT JOHN STREETS M &C 2009 175, PAGE 9 JUNE 10"x, 2009 We will discuss next these two broad types of "streets investment"; first, the more economical maintenance resurfacing and, then, the very expensive Capital reconstruction. Maintenance Resurfacing It is more economical to maintain pavements in good condition than to allow deterioration to reach the point of needing full reconstruction. Streets below the "critical PCI" range of 56 to 70 typically require more expensive reconstruction. MicroPAVER indicates that 240.9 lane - kilometres or about 20% of the inventory of asphalt pavements is in the "critical PCI" range and, as such, in need of resurfacing in the relatively near term. We are confident this is a reasonable reflection of actual condition. The status of streets closer to the bottom of that range is more urgent than for those at the top end. This amount of resurfacing is estimated to cost $15.15 million in 2009 dollars. Proposed 5 -Year Maintenance Resurfacing Program Of the street sections in the "critical PCI" range, 68.8 lane - kilometres should be resurfaced in 2010, at an estimated cost of $4,330,000. Further deterioration of condition could mean the need for full reconstruction of those streets. As such, Option "A" averages the remaining amount in the "critical" range over the following four years (2011 to 2014); milling and resurfacing an average of 43.0 lane- kilometres annually. Alternatively, Option "B" spreads the work in the "critical" range evenly over the five years; 48.2 lane - kilometres per year. Year 2010 2011 2012 2013 2014 Option "A" Ln -Km Investment Option `B" Ln -Km Investment 68.8 $4,330,000 48.2 $3,030,000 43.0 $2,700,000 48.2 $3,030,000 43.0 $2,700,000 48.2 $3,030,000 43.1 $2,710,000 48.2 $3,030,000 43.1 $2,710,000 48.2 $3,030,000 Total 241.0 $15,150,000 241.0 $15,150,000 The amount available in the 2009 Operating Budget for resurfacing amounts to just over $2,100,000, representing an increase of $750,000 over previous years. The budget line has also covered the annual crack sealing and chip seal programs, as well as funding shortfalls for the adjustment of roadway structures (manholes and catch basins). We point out again that the ongoing system of inspections will update condition data and suggest program adjustments each year. Estimates will be adjusted (for inflation, contract costs and the like) and annual funding needs re- defined from one year to the next. INVESTMENT IN THE COMMUNITY 302 • ;`4`t QUALITY ASPHALT PAVEMENTS M &C 2009 - 175, PAGE 10 ` ' , A COMMITMENT TO IMPROVING SAINT JOHN STREETS JUNE 10-, 2009 Capital Reconstruction of Asphalt Pavements From the perspective of both service and financing, it is prudent to extend the life of a street and, along with that, defer the need for reconstruction for as long as possible. While asphalt pavements deteriorate in a predictable manner, service life can be extended by timely maintenance, including resurfacing before pavement condition falls below "critical PCI ". A well constructed roadway, to begin with, can provide good service for many, many years — as long as it receives ongoing care, with an appropriate level of resurfacing investment. But, streets eventually need to be reconstructed. Given the complexity of variables, we will not try to suggest an average reconstruction cycle (i.e. reconstruct every "x" number of years); focus on actual condition is more meaningful. MicroPAVER currently says that 303.1 lane - kilometres are below "critical PCI" (including currently programmed street projects) and, therefore, in need of reconstruction. This represents just over 25% of the overall inventory of asphalt pavements. (The actual condition of each of these street sections needs to be verified in the field. For example, staff has determined that some streets rated slightly below the critical range can be "saved ".) The estimated cost (2009 $) to reconstruct pavement and underlying base materials for this many streets is about $78.5 million. Additional street sections will reach the reconstruction stage each year, while others will be rebuilt in the same year. Several substantial street reconstruction projects are currently underway or planned in the 2009 Capital Program. Most of these projects involve the reconstruction of more than the asphalt pavement, and include new underground water and sanitary services, curb and sidewalk, stormwater systems and landscaping. Projects underway, soon to be underway or at various stages of engineering include: ca Princess Street (Prince William to Charlotte): 0.55 lane-kilometres ca Manawagonish Road (Westgate to Gault): 1.42 ca Paul Harris and Brunswick Drive (Paul Harris to Waterloo): 0.98 ca Braemar Drive (Westmorland to ): 0.68 cx Fairville Boulevard (Intersection at Catherwood to Mall entrance): 0.72 ca Rothesay Road (Railroad Overpass to Colony Road): 4.50 ca Westfield Road (Acamac Backland to Civic #2300): 4.10 ca Market Place (Saint John Street to King Street West): 1.26 ce Albert Street (Victoria to Main): 0.32 ca Bonner Place (Woodville to end): 0.52 ca Fishermans Road (Sand Cove to Seawood): 0.40 ca Latimore Lake Road (Phase III — Hickey to Civic #454): 2.80 INVESTMENT IN THE COMMUNITY 303 QUALITY ASPHALT PAVEMENTS M &C 2009 - 175, PAGE 11 A COMMITMENT TO IMPROVING SAINT JOHN STREETS JUNE 10-, 2009 Inspections by technical staff responsible for asphalt pavements have verified that at least 147.6 lane - kilometres (12.3% of inventory) are, in fact, in need of full reconstruction - beyond 2009 plans. The estimated cost of reconstructing this Iesser amount (pavement and underlying base materials only) is still considerable, about $38,230,000 (2009 $). Assuming 147.6 lane - kilometres for major rehabilitation at this time would still mean substantial reconstruction programs annually, if Council sought to have streets brought up to an acceptable standard in a reasonable timeframe. Also, given the need to do a certain level of reconstruction each and every year, it also important to consider how the work is to be funded. As a basic principle, the City should not borrow money to fund continuous programs of infrastructure renewal. Incurring debt for such work simply adds to the debt load, with interest costs eating up an ever growing share of funding capacity. A plan for Capital reconstruction will be put forward with 2010 budget submissions and include long range projections. Common Council will decide the specific Capital projects to be implemented - based on its assessment of community needs and priorities, and the engineering and financial advice put forward. Improving Overall Network PCI There is no simple, inexpensive answer for improving city streets. Common sense would advocate that a municipality adequately maintain the streets it operates. Alternatively, if it cannot afford to do so, it should reduce the size of its inventory. Failure to invest sufficiently leads to network deterioration, premature failure and a declining level of service. It is well established in the industry that greater economy (optimization) is achieved over the long term through an ongoing and adequate level of investment in maintenance and timely renewal of asphalt pavements. One of the particular challenges of this community is the relatively Iow density of tax base per lane - kilometre of roadway. This raises the question of inventory size; can the City of Saint John tax base support the size of its network of streets? Apart from seeking additional revenues, opportunities should be sought to "shrink" the inventory. This could include closing sections of street when the opportunity arises; for example, reducing Heatherway (between Hickey and Grandview) from four lanes to two. Such a move would align with an initiative to calm traffic in the neighbourhood. Other ideas include implementing a narrower roadway standard where possible and installing wider grass medians where under - utilized asphalt surfaces currently exist. If Council invests in the resurfacing of streets to the level proposed and implements substantial (to be defined) reconstruction programs each year going forward, it should expect to see gradual improvement in network condition (PCI). The actual level of improvement achieved will be verified through inspection and system analysis each year as progress is tracked. Actual dollar values needed are subject, of course, to the cost of materials, labour and contractor mark -up in any particular construction season. INVESTMENT IN THE COMMUNITY 304 QUALITY ASPHALT PAVEMENTS ?� A COMMITMENT TO IMPROVING SAINT JOHN STREETS A COMMITMENT TO IMPROVING SAINT JOHN STREETS M &C 2009 -- 175, PAGE 12 JUNE 10'-, 2009 A commitment to improving asphalt pavements is proposed, based on the following: A. System PCI of 70 The City of Saint John commit to achieving an average PCI of 70 for its network of streets, and then to maintain the system at that level or higher. B. Investment Required Achieving desired network condition will require considerable investment in resurfacing and reconstruction over a decade or more; a long -term plan of finances and outcomes would be updated in each annual budget. C. Better Level of Service Improved network condition will mean better service for motorists, cyclist and pedestrians, and increased public satisfaction with streets and neighbourhoods. Also, maintaining a PCT of 70, once attained, will be less expensive than operating within or below the "critical PCI" range. D. Inspection Cycle The inventory of street sections will be inspected on an ongoing basis, at least once every three years or less. Condition surveys and regular input of distress type, severity and quality information will allow the MicroPAVER predictability model to update condition ratings and PCI of street sections annually. E. FieldlEngineering Judgements Notwithstanding the value of automated systems, field and engineering judgements will still have to be made on planned resurfacing and roadway construction projects. Factors beyond pavement condition are considered and surface work is coordinated with underground renewal plans and other reconstruction priorities. F. Reporting on Status Staff will report annually to Council on status of asphalt pavements, including progress towards the overall system PCI goal. Subject to resources and technical feasibility, staff will seek to provide PCI information on about 2,500 separate street sections through the City of Saint John website in 2010. G. Maintenance and Rehabilitation M &R activities for asphalt pavements will be organized around the principle of "critical PCT ", as follows: i. Localized Repair (Safety) - only for pavements below the "critical PCI" 2. Localized Preventive - for pavements above the "critical PCI" 3. Global Preventive - for pavements above the "critical PCI" 4. Major Rehabilitation/Reconstruction - for pavements below "critical PCI" H. Infrastructure Asset Management Infrastructure assets require attention and an ongoing commitment of funding for necessary maintenance and rehabilitation - to prolong pavement life. Timely resurfacing is very important. INVESTMENT IN THE COMMUNITY 305 QUALITY ASPHALT PAVEMENTS A COMMITMENT TO IMPROVING SAINTJOHN STREETS FINANCIAL IMPLICATIONS M &C 2009 - 175, PAGE 13 JUNE 10' ", 2009 How much should be invested to achieve the desired pavement standard? What will a pavement condition index of "70" actually cost the municipality? Alternatively, what is the status quo currently costing taxpayers and users of streets? Every road user and property owner pays a price for poor road conditions. Deferring maintenance has cost implications beyond municipal budgets; it is not good economics. Localized Repair Safe and Preventive Maintenance The basic repair and preventive maintenance of asphalt pavements is carried out by municipal forces organized in crews of four to six people, depending on task scope and street circumstances. Current allocations for minor pavement repairs (material, personnel, contract and other costs) are at about $1,130,000 annually. That amount should be increased by $500,000 to $1,630,000, with additional work undertaken by internal and/or external resources. This funding would provide for M &R Category 1 [localized repair (safety)], and M &R Category 2 [localized preventive] activities. Street Resurfacing Funding for resurfacing, M &R Category 3 [global preventive], needs to be increased substantially. Two investment scenarios are presented for a 5 -Year Maintenance Resurfacing Program (2010 to 2014), with cost implications (2009 $) as shown. Street Reconstruction - 2009 The most costly challenge related to streets is the "infrastructure deficit" that has grown over decades. Substantial monies need to be allocated for the full reconstruction of asphalt pavements (M&R Category 4, major rehabilitation); a continuous level of renewal funding. Given the magnitude of the financial implications, it should be the subject of a broad -based dialogue in conjunction with the upcoming 2010 budget development process. INVESTMENT IN THE COMMUNITY 306 Option "A" Option `B" Year Ln -Km Investment Ln -Km Investment 2010 68.8 $4,330,000 48.2 $3,030,000 2011 43.0 $2,700,000 48.2 $3,030,000 2012 43.0 $2,700,000 48.2 $3,030,000 2013 43.1 $2,710,000 48.2 $3,030,000 2014 43.1 $2,710,000 48.2 $3,030,000 Total 241.0 $15,150,000 241.0 $15,150,000 Street Reconstruction - 2009 The most costly challenge related to streets is the "infrastructure deficit" that has grown over decades. Substantial monies need to be allocated for the full reconstruction of asphalt pavements (M&R Category 4, major rehabilitation); a continuous level of renewal funding. Given the magnitude of the financial implications, it should be the subject of a broad -based dialogue in conjunction with the upcoming 2010 budget development process. INVESTMENT IN THE COMMUNITY 306 QUALITY ASPHALT PAVEMENTS A COMMITMENT TO IMPROVING SAINTJOHN STREETS RECOMMENDATIONS It is recommended that Common Council: M &C 2009 - 175, PAGE 14 JUNE 10-, 2009 1. Support the strategy outlined herein to improve asphalt pavements; 2. Adopt a Pavement Condition Index (PCI) of 70 as the policy goal for the average or overall network condition of asphalt pavements; 3. Consider the funding levels required annually to raise the average PCI towards the desired condition rating of 70 and be prepared to increase Operating Budget allocations for streets as outlined in this report; 4. Expect specific resurfacing projects to be determined on a rational basis tied to improvement of street condition, considering street condition (PCI) and other planned infrastructure renewals in the street right -of -way; 5. Expect specific street reconstruction projects to be selected based on the needs and priorities of the community, with consideration of street condition (PCI), possible redevelopment and planned underground infrastructure renewal; b. Be prepared to consider reports on the status of pavement condition to be submitted not later than mid - October of each year; and 7. Schedule a full presentation of this report and the strategy presented herein. Terrence L. Totten, FCA City Manager INVESTMENT IN THE COMMUNITY 307 R. TOR.. D ', OPEN SESSION M & C 2009 172 June 10, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Demolition of dilapidated building at 50 Durham Street BACKGROUND The building located at 50 Durham Street is vacant, in dilapidated condition and poses a safety hazard to the public because it is not secure to casual public entry. The building is insufficiently boarded up at the first storey and a door on the right side of the building can be easily opened to gain access to the interior of the building. Also on the left side of the building is an exposed opening to the basement crawl space, permitting access to the interior of the building and contributing to the deterioration of the structure. Sheathing is missing at the right side of the building, creating another opening that may allow entry into the basement. A second storey door on the left side of the building is open, allowing the elements to penetrate the interior of the building, contributing to the further deterioration of the structure. The second storey windows are not secure and glass is loose and hanging in the frames, posing a safety hazard to the public passing by on the sidewalk directly below the front of the building or around the property. Broken glass from the front upper storey windows is on the sidewalk directly in front of the building. The interior of the building is dilapidated, with broken glass and debris on the floors. Power to the building has been removed, making it potentially difficult for emergency personnel called to the building to adequately maneuver around obstacles inside the building, The clapboards of the structure are deteriorated and in some areas, they are loose, hanging or missing. Debris on the ground to the right of the building has protruding nails in the construction material, presenting a danger. A Saint John Fire Department report of April 25, 2008, stated three small fires had been set in the building on the evening of April 24, 2008, On June b, 2009 the Fire Department was again called to the building to extinguish a fire. M & C 2009 —172 - 2 - June 10, 2009 The Saint John Police Force advises that they have had numerous calls to the building for unauthorized entry by youths and adults and fires set at the building. For the above reasons, a Notice to Comply to the Saint John Unsightly Premises and Dangerous Buildings By -law was issued to the property owner. This Notice described the conditions that are not in compliance with the By -law and provided options for remedial actions, including repair of the structure to an acceptable standard or its demolition. Service of the Notice to Comply on the property owner has proven difficult. At one time, the ownership belonged to an estate of a deceased individual. The will of the deceased indicates that the inheritor of the building is a son of the deceased, who has since declared bankruptcy. With advice from the Legal Department and the Certificate of Registered Ownership (CRO), the Notice to Comply was served to the son of the deceased, executor and trustee of the will, and to the trustee in bankruptcy. The building was posted with the Notice to Comply as an additional means of service. Compliance with the Notice to Comply was required by May 15, 2009. No appeal hearing was applied for, no permits were issued or applied for and no correspondence has been received from the executor of the estate. The Municipalities Act indicates that where a Notice to Comply has been issued arising out of a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the structure to be demolished. As required in the Act, a report from Pamela Bentley, P. Eng., Technical Services Engineer and Amy Poffenroth, P. Eng., Deputy Commissioner, Buildings and Inspection Services is attached and provides evidence to the building's dilapidation and hazard to the safety of the public. Attached for Council's reference is the Notice to Comply that was issued, the affidavits attesting to the service of the Notice to Comply to the estate, to the bankruptcy trustee and of posting the building, and photographs of the building. As it is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. The cost of demolishing the structure is estimated to be in the range of $15,000 to $20,000 and could be completed within the next 4 weeks. As provided in the Act, the cost of the remedial actions will be billed to the property owner. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By -law, arrange for the M & C 2009 - 172 - 3 - June 10, 2009 demolition of the building at 50 Durham Street, in accordance with the applicable City purchasing policies. Respectfully submitted, _ . P. Am P� enroth P En MBA Y g� Deputy Commissioner Buildings and Inspection Services �Vz�� Wm. Edwards, P. Eng. Commissioner Build, sand Inspectio /ervices l , � Terrence Tott en, A City Manager cm FORM I NOTICE TO COMPLY (Municipalides Act, R.S.N.B.1973, c.M -22, s.190.01(3)) Parcel Identifier: 374850 FORM[JLE 1 AVIS DE CONFORNIITE (Loi sur les municipathis, LKN: B. de 1973, ch. M -22, par. 190.01(3)) Num6ro d'identification de la parcelle : 374850 Address: 50 Durham Street, Saint John, New Adresse : 50, rue Durham, Saint John, Nouveau- Brunswick Brunswick Owner(s) or Occupier(s): Name: Estate of John Malcolm Ferris Address: 204-20 Prince Edward Street, Saint John, New Brunswick, EZ 3S2 Name: A. C. Poirier & Associates Inc. Address: 133 Prince William Street, Suite 401, Saint John, New Brunswick, E2L 2B5 Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings By -Law, By-law Number M- 30 and amendments thereto. Provision(s) contravened: Subsection 190.01(2) of the ,Municipalities Act. Description of condition(s): The building has become a hazard to the safety of the public by reason of dilapidation. The conditions of the building and premise are described in Schedule "A ", a true copy of the inspection report dated February 20, 2009 and February 24, 2009 prepared by Pamela Bentley, P.Eng., By -law Enforcement Officer and reviewed by Amy Poffenroth., P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premise into compliance with the aforesaid By -law. In the event that the owners do not remedy the condition of the building in the time prescribed by this Notice, the building will be demolished as the corrective action to address the hazard to the safety of the public. Propriftaire(s) ou occupant(s) : Nam : La succession de John Malcolm Ferris Adresse : 204 -20, rue Prince Edward, Saint John, Nouveau - Brunswick, E2L 3S2 Nom : A. C. Poirier & Associates Inc. Adresse : 133, rue Prince William, bureau 401, Saint John, Nouveau - Brunswick, E2L 2B5 Municipality signifiant l'avis : The City of Saint John Arrete enfreint : Arrete concernant les bdtiments inesthetiques ou dangereux de The City of Saint John, ArrW num6ro M -30, ainsi que ses modifications ci- apport6es. Disposition(s) enfreinte(s) : Le paragzaphe 190.01(2) de la Loi sur les municipalites. Description de la (des) condition(s) : Le batiment est devenu dangereux pour la s6curit6 du public du fait de d6labrement. Les conditions du batiment et des lieux soot d6crites a Pannexe (s A r ), une copie conforme du rapport d'inspection en date du 20 f6vrier 2009 et du 24 f6vrier 2009 et pr4ar6 par Pamela Bentley, ing., une agente charge; de 1' ex6cution des arret6s municipaux et r6vis6 par Amy Poffenroth, ing., une agente charg6 de 1'ex6cution des arret6s municipaux. Mesure(s) a prendre : Le propri6taire doit restaurer les conditions en se conformant aux recommendations du rapport d'inspection susmentionn6 et d'amener les le batiment et les lieux en conformit6s aver ledit arr&& Dans 1'6ventualitd que les proprietaires ne rembdient pas le batiment daps le temps prescrit par le pr6sent avis, le batiment sera d6noli comme mesure corrective compte tenu qu'il repr6sente un danger pour la s6curit6 du public. Brunswick, E2L 4LL Potential penalty for nom - compliance within specified time:z Subsection 190.01(2.1) and 190.03(1) of the Municipalities Act, and amendments thereto, states that a person who violates or fails to comply with Subsection 190.01(2) and fails to comply with the terms of the Notice to Comply given under section 190-011 of the said Act, commits an offence that is punishable under Part H of the Provincial Offences Procedure Act as a category F offence. The minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. Municipality's authority to undertake repairs or remedy:3 Subsection 190.04(1)(b) of the Municipalities Act, and amendments thereto, states that if a Notice to Comply has been given under section 190.011 of the said Act and the an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as consumed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the building or structure of that owner or occupier to be demolished and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Dated at Saint John the I day of March, 2009 Municipality: The City of Saint John of Municipal Officer: I& &V4 41e. Photel de ville, 8° 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4L1. P6nalit6 possible pour non- conformit6 dens le dilai prescritz : Le paragraphes 190.01(2.1) et 190.03(1) de la Loi sur les municipalites, ainsi que les modifications afff6rentes, pr6voient quiconque omet de se conformer au paragraphe 190.01(2) et omet de se conformer aux exigences formul6es dans un avis de conformm notifi6 aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie H de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. L'amende minimale qui pent etre imposee est Pamende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Pinfcaction se poursuit et, Pamende maximale qui peut etre imposee est 1'amende maximale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Finfraction se poursuit. Pouvoir de la municipafit6 d'entreprendre les reparations ou de prendre les mesures3 : Conform6ment au paragraphe 190.04(1)(b) de la Loi sur les municipalites, ainsi que les modifications afferentes si un avis de conformit6 a W signifi6 aux termes de Particle 190.011 de Iadite loi et, que le propri6taire ou Poccupant ne se conforme pas a cet avis de conformit6 dans le d6lai imparti, et, tel qu'il est r6put6 confam6 ou tel qu'U est confirm6 ou modifi6 par un comit6 du conseil ou par un juge en vertu de Iarticle 190.021 de ladite loi, la municipalit6 peut faire d6moliur le batiment ou la construction de ce propri6taire ou de cet occupant et les fails relatifs a 1'ex6cution de ces travaux, y compris toute redevance ou tout droit aff&ent, soot a la charge du propri6taire ou de Poccupant et deviennent une cr6ance de la municipalit6. Fait a Saint John le mars 2009. Municipality: The City of Saint John Signature du repr6sentant municipal : . . OM Telephone: (506) 658 -2199 Telecopier: (506) 632 -6199 Email: pamela.bentley @saintjohn.ca Seal of municipality % %uum T61ephone : (506) 658 -2199 T616copieur : (506) 632 -6199 Courriel: pamela.bentley@saintjohn.ca Sceau de la municipalit6 1%W INSPECTION REPORT Schedule "A" 50 Durham Street Saint John, New Brunswick PID# 374850 Inspection Date: December 18, 2008 Inspectors: Pamela Bentley, P. Eng. and David Somerville Inspection Date: January 5, 2009 Inspectors: Pamela Bentley, P. Eng. and Amy Poffenroth, P. Eng., MBA General Description of Conditions and Importance: The building on the property is a two storey wood frame structure. The front main door and lower windows are secured from entry with plywood panels fixed to the openings. The two front upper floor windows are not secured and have broken glass that is loose and hanging in the window frames. These conditions pose a safety hazard to the public passing by on the sidewalk directly below. The windows on the left side of the building have been boarded up to prevent entry at ground level. The second story door at the left side, near the rear of the building is wide open. There is a set of stairs lying on the ground between the buildings of 50 and 52 Durham Street. These stairs could be propped into place to allow access to the second story unsecured door. Additionally, the open door is allowing the elements to penetrate the building and this is contributing to deterioration of the structure. At the left side of the building, near the rear, are three windows on the upper floor with broken panes of glass. The glass is hanging and loose in the window frames and this is posing a danger to persons passing by on the property. Also, on the left side of the building near the front, is an exposed opening at the basement crawl space level. This is permitting access to this area of the building and is contributing to deterioration of the structure. On the right side of the building, the doors and windows at ground level have been boarded up with plywood to prevent entry. One door covering is loose and access can easily be gained to the interior of the building. The power to the building has been removed and for anyone gaining access to the interior of the structure, the lack of lighting could be hazardous to their safety. Inside the building, there is a large amount of broken glass and debris from fallen ceilings and not having a source of light to adequately see these impediments is dangerous. Access to the interior of the structure may be necessary for emergency personnel such as the Fire Department, Police Force or emergency medical services or may be gained through illegal entry, including by children and youths. It appears that persons have been trespassing in the building as there were beer cans and coffee cups discarded in several rooms of the building. A Fire Department report of April 25, 2008 stated three small fires had been set in the building on the evening of April 24, 2008. Also noted was mould growth on some walls of the structure. At the right side rear of the building, there is mussing sheathing, creating an unprotected opening to the basement area of the structure which is large enough to allow entry. The second storey right side windows have broken panes of glass which are loose and hanging in the window frames. The right side of the structure also has clapboards that are loose, hanging and/or missing. A set of stairs which appears to have been removed . , , • , • � Y_ - _ _Li -, .j .. -V 4L., 1.,,.1.7:,,,, Tl,n ors+ rnrr% rnr Mcr nA1fC in above. Also noted was broken glass from the upper storey windows on the sidewalk at the front of the property. It should be indicated that this building is within walking distance of the North End Community Center and Lorne Middle School, both of which attract pedestrian traffic comprised of children and youth on a daily basis. Required Remedial Actions; The owner must comply with one of the two options stated below. Option 1: Remedy the condition of the building and premise through repairs and remedial actions as listed below: 1. The broken panes of glass in the windows of the building must be replaced and/or repaired so as not to be a hazard to the public by reason of dilapidation. Alternately, the window openings may be secured from the exterior with appropriate types of construction material and fasteners such that they are not easily removed or pried off. The construction material is to be treated with paint, stain or other appropriate means so as to prevent deterioration. The exterior of the structure is to be made in compliance with the Saint John Minimum Property Standards By -law and Saint John Unsightly Premises and Dangerous Buildings By -law. 2. The unsecured doors and other points of entry must be made secure so as not to be a hazard to the public by reason of dilapidation. These points of entry must repaired or replaced, which ever is applicable, or made secure by covering with the appropriate types of construction materials and secured with fasteners so as not to be easily removed or pried off. The construction material is to be treated with paint, stain or other appropriate means so as to prevent deterioration. The exterior of the structure is to be made in compliance with the Saint John Minimum Property Standards By -law and Saint John Unsightly Premises and Dangerous Buildings By -law. 3. The construction debris is to be removed and properly disposed of in an appropriate manner so as not to be a hazard to the public by reason of dilapidation. The premise must be made free from conditions that may pose a tripping or safety hazard to persons passing by in proximity of the building. The premise must be made to be in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law. 4. The loose clapboards, shingles and other unsecured materials on the building are to be secured, repaired or removed so as not to be a hazard to the public by reason of dilapidation. The exterior of the structure must be made to be in compliance with the Saint John Minimum Property Standards By -law and Saint John Unsightly Premises and Dangerous Buildings By -law. Option 2 Demolition of the building and clean up of all debris as listed in actions below: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation. A demolition permit must be obtained to be in compliance with the Saint John Building By -law. The premise must be cleared of the construction debris from the demolition and the lot must be made level. The .. . .. n r 7 r7 . 1 17 T% _ -.I --- -7 Prepared by: t Y Pamela Bentley, P. Eng. Reviewed by: Date 6)07 Date CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE LIy. Ou Lv I of the City of Saint John in the County of Saint John and Province of New Brunswick MAKE OATH AND SAY 11f03.1'1 rr� 1 On the day of _ �QC]'i _, 2009, I served a L a�i �' with a Notice to Comply, Notice of Appeal and cover letter attach ereto as Exhibit "A ", by leaving a copy with hi l her at Ct t LLn- S 1 A i ru l u , New Brunswick. 2. I was able to identify the person served by means of the fact that e i she acknowle ged to me a she was b'I�l C 0 LPK I; f Sworn To before me at the City of Saint John, N.B., on the day of 2009 PAMELA M.H. BENTI COMMISSIONER OF OA MY COMMISSION EXPIRES DECEMBER 31 ST, 2013 mmM .1\ PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN u. AFFIDAVIT OF SERVICE I, e3f the City of Saint John in the County of Saint John and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: I. On the of 2009 I served Y > ✓ 11i rc"7c with a Notice VIN ct of Appeal and cover letter attached hereto as Exhibit "A� by lea h hi�m /,` her 1 Pf2j►vCr t cc- (dr;1 5 I - f r U / 7-2 4K0 / _L . h.'-�f, t-�`� New Brunswick. 2. I was able to identify the person served by means of the fact that he 1 ce acknowledged to me he she as Nh% C po�t2l�12 Sworn To before me at the City of Saint John, N.B., on e day of Nj� , 2009 PAMELA M. H COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31 5, 2013 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 50 DURHAM STREET, SAINT JOHN, N.B. ( PID number 374850) AFFIDAVIT OF SERVICE I, Jason Waye, of Quispamsis, N.B., Make Oath And Say As Follows: 1. I am employed by The City of Saint John in its Buildings and Inspection Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On N , at approximately jl -vo AM ., I posted a copy of the attached Notice to Com lt, marked hereto as Exhibit "A ", to the front door of the building that is located at 50 Durham Street, Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on � AgA � 3 , 2009 6�&� amela Bentley PAMELA M.H. BENTLEVI COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 311T,2013 f LA 0 c .3 L Q Q V) 0 m c 0 0 L cu z 0 FU 3 ° N 7 c 0 L LL L Ul E O �o N co ❑ Q) O = C 0 L a� c c c m v 0 0 v s v 0 .. 3 v v -Q (n N c- bD ii +� 0 E• =p N L 00 C, CU ° to c O 0 .� U (U L L 4J 0 m -0 .c c Q) 4-J L 0 zQ) iv Q) �v vs s4-J 4-J 'a 0 C 0 +J v 0E CL L aj aj C� 4-J a 0 c Q) CL L 0 Ul L m00 s -0 LJ L' C) .0 Ln 0 cn 0 0 �L n� a N N co V) 0 0 c f� 0 Q) s C V) V) m W c Q) 0 L V) L S Q) N R �4 +1 o vo C N V) m E m L � 0 � o� L c m Qj U L c Q) U a) 0 L CL S 4-+ a) 0 re Qj .' It V) to OC Qj N L ul E O mo � N L � �m O � o� L 74 Q) V) 0 0 s u s 3 a� c a� 0 L ai 0 Z 3 .j W N r* I ' W E L m �+ L Lll E0 °0 CU -0 N s = m p 3 v tl) C o�-i a f6 Q) 40 m E QJ L 0 L V) 0 0 s a Q, s L- 0 0 EN L- 0 �L. Q c L Vi p� E °o m N L �m ❑ v o L� V E O L- 4- V) cu v! cu L s I L O O L O �o Es +j .0 •O U L [ +j �L •C w s L U 0 s p� E' °o m _� N L M � 3 o C Lr)M� r- N L- 0 0 4- c 1� E L- 0 co c w cu L Eo m° s �m O v o c L� iI? 0 V 0 L m 4- 0 c 0 L m �Q 3 v a� s Q) Q) L ul 0) E °0 -C N L 0 _ L Z'p June 15, 2009 His Worship Mayor Ivan Court and Councillors Subject: Proposed Revised Business Improvement, Area - West Your Worship and Councillors, At the March 30, 2009 Council meeting the following resolution was passed: "Resolved that staff prepare the required advertisement for a public hearing respecting the proposed Business Improvement Area in West Saint John, and further that this be advertised within the next 2 weeks." At that same meeting Mr. Boyle of the Saint John West Business Association presented to Council advising that his association wanted to proceed with the proposed area as submitted. Subsequent to that meeting Mr. Boyle contacted me to advise that his association met following the March 30 Council meeting and resolved to propose a smaller business improvement area for Council's consideration. The revised area with civic addresses has been prepared by staff as directed by Mr. Blaine Harris of the West Saint John Business Association and is attached. Recommendation: that Council direct the Common Clerk to advertise the revised West Side Business Improvement Area as submitted and schedule a public hearing for July 6, 2009. Sincerely, Elizabeth Gormley Common Clerk Attachments - - - - - - - ------ ------------------------------------- - .. ....... .. - - - --------- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-11 wwwsaintjohn,ca I C.R 1971 Saint John, N.-B. Canada E2L 4LI 330 00 N a) to Q 1 G4 m a N f `r c 0 CL u Li CL 0 6 ct a� c r� w tr N m 0 0 ♦1 •r M• 0 • • w r • • 0 •r i • r • • •' m • r • • • • r • • r • r r r • r a • • r r • ❑ N w. x C> m Cif m Cn i + i In r-I d" 0 10 0 M 00 D H N N N N W W UO N Cis '';t 1,17 0 I-� N g M H '�3' 'T' d' M 0 1-- ,;t d N 1O M 0 0 rte, M O N N N M 0 M N M P', LO N C H M m cF m CO 0 C1 N M 0 M H 0 d W W 00 00 tai CJ) M 00 M H H 0 0 d Ln r i M d 'zt I 00 C* lD m 0 0 m 0 r- Q C7) 0 m tai 0 0 0 m m 0 0 H H r-L r- 0 0 m Ln Ln r- 0 f` I� M LD i` w LD rN w N w 1D LO w n L, L` 0 LD C, r"l L` r r- h'• � lD Q 0 0 i� tl- L< H Ln r-i H H H H qt H rL H H H vH ri r^i r-I Ln Ln Ln H ri H ut H r-i Ln Ln Ln TT ri lZr N d N C) 0 m 00 Qo ri N r-1 0) w Ln Ln Ln Gt N rn H 00 L.4 m d m Lf) et N LD vt N 00 o0 Q M a) M M r, H q ri LD t` fit' m m m Ci Ch F= q Ln N N a) a) N c0 m r- r t 0 N re M 175 r- 0 M .f H m M M Cn 0) 00 a) 'I Ln Ln 'C° N N 0 0 0 H M N m M m m N eh Li') CJ) CI) M t` LO W lO M L` 0 N Ln i` 'd° I- r- M 0 C3 o Ln Ln Li) m U,) M 0 M M M�® M 00 00 007 M M M M fy N 0 0 N. N C7 0) N r-i c f ri H C� rI Ln Li) Ln u1 Ln Ln Ln ul u1 Ln LC) Lf) Ln U) Ln Li) LO Ln Ln Ln Ln Ln Li) 0 u) Ln Lit in L!) Ln in LI) L r) Ln L.f) in w r • • rr • • r • • • • • N N N • • s • • • w • r • • s • • • 0 Z Q❑ F- cocz06www06 O Z UJ O ( CC Ln Ln 0 Z Z Z V) w ❑ O 0 co w CO LLJ Ln c❑i a w w w O D ❑ C F Ln LLno�°w`��Ln1n1n�LULIJ14 ~�C~"a�,�C7��pdt�r�c�Z F D l7 ❑ LA w .�, Q Q Q U U U Q Q w w w w n; w F-- Q w -j O O 'n C7 " t7 Z Z Z F- N F- Q F- 1, I - L%' CQL' < ❑ w O F- O� Z w In Z Z iu i LL LLl w w w Z Z Z Z Z w --, � a LuwlJL UQL>Li<< rL ❑❑❑�L.�QQQ QZQdC�cf r ❑ Q Q F- m �U U O O O Ln in v5 0 n U u U Z U Q U -❑ Ln 1- Q -j Ln w O Q Q F- i� w w w h 0C Q Q Q Q m Q w D- [1. M w O O F- LI) m r L� Ln > > 0 Ln Ln � z z 0 f✓ > > > � } Q > w Ln In 0 w -j U w w w m h F- 0 O LL 2 z z z a c :E �; �; Z Z v u u m m m u Q 0 u p Z 0 Z Z Z w w w Z U U � Q Q L`ra Q == Z = Z Z Q Z Q L!) Ln Ul O O O Ln l7 ❑ OC LY 0 LL "n In n Q LL u p© ..a -j Q Q Z Q Z d Z Z Z W in off$ w w w =_ w p Z O Q Z Ln N O w L fl Q Z❑❑❑ F- L LaG LY 02 Z wcZSc2fds OOO C71w- Q m F w � 0 ci ac �7 t V) LO cl"n C7 Z Z Z Z U U U Z ❑❑ (] LL i]. z z z D z O O w 0 w O w � n O O Q Z Z z Z 0a0.©7 CL > >r- cr- Q z❑Z ZO00 0i a Q iZ (D z m Zi O F- F- F- _ 7) x R R �( w O O( d m m m, O LL w m ��QQOOOUVOZwwm0w0wSzuw ❑ p r` c5- t u r u cc w w w w Ln w 7 L 3 ! >- 2 L ❑❑ c as m iu [3 ?" � 0< 0 w > w 7 m Ln Ln Ln Ln O O ri c-I r OCl N O O Ln Ln N Ln N r, O m w 07 H O m m m Ln O m m dt et �O � LO o� h t� h O Ln Ln cn � � Li3 � r• O Ds aLa rn oa Ln n O h LO w O w >l� LO n C%1 ua cr, c 0�0 mO0mmm mOmmmmm0,OmmmOmmmmmm ri c I rl e I r1 r1 rH N H H H H r[ ri r-1 r+ N H H H r-I ri ri N H H H N ri H ri r-1 H H U U U r! :° 1 rr ri Kf m U m ", I U m m ct "•r an d ct m m <t Ci Cr m m m m m lfl lfl lO rf O O LO Ci N m O H e-i rl l0 w CD O N Ln m m m N r- Ln fIl I e ® r Ln m Ln LO N N N d' CX) CY3 m q0 m N m ri r1 LO O N C'� �" '�7" �'-I Oi d0 m 0� Ck7 GO CJC1 �t I`+ N CX1 m m ct I` I` (� LO CCJ w Ln O N i+ w N N N m H rH m to Ln 0 w m w w O 0 w 0 w O w Q m lO lO lO c-i CIQ � rl C+C) Ct � UO @ (� C1C1 N CJl m ri e-i r^I rl CO C� LO lD Ln Ln 0(.1 m C7O Ln W CX7 N N N O m m O m m 07 m m 0's O O Q O O m ri r i d 01 1 0 0 0 0 0 0 0 0 0 0 Q 0 O N LO LO N W t.t`I tD 0 LO LO N I= N re- n m N r N tO N N r- r- N N r' I- r- r- N Ln m Ln H H r1 H H Ln r1 r1 ri H H H H H H Ln H H 111 Ln Ln rJ H r^I r1 H r-4 r1 H r1 rI H ri H N N W m H N H H m m aO M 04 N m H Ln Ln Ln Ni M1 01 N d' H Oi Ln LO m W ri. I°■ ( r` w r1 cn O rn u) N Ln H r^I q Ln N Ln 01 q m m N oo r-) Ln N rH n N Ln `;t LO N N N N O m I H m 00 M 00 00 d O m N N N LO ri q N R" O m m O N O N O 00 Ln N N N m ct m N m N N m N N N r% m N H Ln H GO N r- N rH l0 0 m h m M m N H M m m I� m 00 H m it m m m m 0 C) O 0) W Ln m m Ln LO Ln O N N O M O 0) 0 0 0 m H �t H m d m ri H et d' H H H It O O 1 mI:T m ct d q Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln • • w 0 0 0 M • • • M • i • • i ! • 0 • • • • • • • i • • • • 0 * • X x X ui m co k-- � V) Ln O 0 LW CL CL tL < < D Z - ..J o o Q d LLJ ® LLJ W %) 0 � ~] Q Q V' � Q LLJ J I J � < W Q QJ Q CO 06 CA. m � LL L. r ddd�- -j O� �'0uu06zw— k �W ©� �� Q� c LA L a uj -' LLB S -' p 0 2 U O � 0 Lu O Lu LEI � � Lr1 Lu LLI U Idi < �7 n C Ix pC CL' CL� dS < 0 Ln C>� F- I- J J O � v1 = cn V1 Of v1 V) ? w w � va ��QQCQV1v1z� `'f ' _LcL'w�LLaL�udwLuti'1u�2cS_ U U U LiJ Z d_ d J Q d Q LLJ w aY 5 C� C1 LL = C� 1> CL' w S dddd,00�w��7 w =dQLL dQd�Lre Qu~Jdddw�d �dl2 J J J U U m CL m m CL 0> V1 U h 0 U � U a- ? CL VD V1 ?: .J .J LJJ W a- 0 LLJ a J LL. H U Z z m W LL V1 ❑ Z LLJ GC CL dd W m W C 1' ❑ Ln z® WJ I- LU ❑ tz _ ^J z W U z J z J d cc W z CL Q U Z W LL ❑ Z d Z U d ❑ ❑ CO L.0 J LL. ❑ � CL' 0 ,D m® CC L4 LLJ z f uj LLJ } w Y F, C1" d IF«*i} U z W Z LLJ � J uJJ Q z C1. O Z LLJ W 0 z W ❑ z > d u LL -J F- J Z .~r1 ❑ ❑ = = 0 ❑ ❑ W w ❑ w V1 0 CL LJJ UJ H �. Ci li l F- J J J J CL' ❑ d J W UJ Ul LLI V1 W u z Cl V1 V1 V1 L/1 W© W CL w Q O u U U Z LLJ 0 w d W ry W d d d ❑, > 0 J z' = W 0 ❑ m � LU ❑ { m T- Q rrt... Z LJJ W LLJ H m W LL V1 ❑ Z LLJ GC CL dd W m W C 1' ❑ Ln z® WJ I- LU ❑ tz _ ^J z W U z J z J d cc W z CL Q U Z W LL ❑ Z d Z U d ❑ ❑ CO L.0 J LL. ❑ � CL' 0 ,D m® CC L4 LLJ J 0 z U J cc W LJJ { U U f-' J m f uj LLJ } w Y F, C1" d IF«*i} U z W Z LLJ � J Q Z 0 U > -.J -J F- J Z .~r1 J u — V1 0 CL �. Ci li l F- z ❑ d J W W ci. d LLJ Z Q ©= Z LLJ 0 Q W❑ V1 z .I d d ❑, > 0 J .`•. J = W 0 ❑ m � LU ❑ { m T- Q rrt... Z Y ;_... a LLO LLJ �' rl 0 m LLJ H m W LL V1 ❑ Z LLJ GC CL dd W m W C 1' ❑ Ln z® WJ I- LU ❑ tz _ ^J z W U z J z J d cc W z CL Q U Z W LL ❑ Z d Z U d ❑ ❑ CO L.0 J LL. ❑ � CL' 0 ,D m® CC L4 LLJ J 0 z U J cc W LJJ { U U f-' J m ! U W LA w LLJ a- C=L LLJ LLJ } w Y F, C1" d IF«*i} U z W Z LLJ � J m m m N 0 0 H 0 0 0 0 0 m r- 0 m m m r- 0 W 0 0 d w 0 H 0 0 ua�or��o 0Itq 0 L r%r®�r`mrN Lnto r• u) NNmoad 0)rn0)Cn 0rncn 00n cnmCnmmm a)0)0 Cn cn 0)Cncnc)0) H H H N rr H N H H H H H H H H H N r-i r-i ri H ri H H N o N w N x ! r CL1 N CL W 00 s $ r m r r ° LAG r i i a r CC1 rr m 0 g m w o �t p, N t m * m m C11 o r, N q m. m o q m m r-, Ln m w o w Ln Ln N Tz :r m H rr w 0 W' r, R m r`" r`+ ra N 0 m W 0 W 0 011 0 m r" m r9 ri d Ln w d 1 0 m r" W r• r` t` 0 r` r" d m q d to N N ra H fir' Lo 0 0(1 00 ifl H N t` W Cri Dd o0 W ri r-I r-I N Cs1 lC1 ri 0 e-i m Cil M1 I`t CYi r-1 W 0 0 H 0 N N 0 0 0 H N H rr O N Ln H H 0 m M M M M 0 M f`• r` N N m m r'* r~ r~ r` m m Uo tC] w cCa C17 r• N r" r� m 0 r r'� Ln H LO LD 0 0 N tO Cif C)1 r°I Ln cX1 0 m 0 N N m N rw N N 0 M Ln 'q 0 M m M 0 0 g N Ln W by N N CF's CX1 W q 0 Ln 0 m N M W 0 Cn W N m m d d W N H W m M H M Ln LO M Ln N Ln M Cry Ch C11 r`• H M m C11 M M 0 0 It N H H W N a' r N r' 0 H H m N 0 m r- m Ln Ln m M N 0 N N 0 N Ln M m m q W q N 0 0 H Ln m o N M M 0 W m m N M w 0 0 Crl 0 an 0 0 0 0 Ln U) m m m Ln m r" 0 N h N 0 r+ r-* W C'n M ct m m m r^ m ri c-r c 1 m eh ri d o + 0 q 0 Tt d' 0 H g d d m m o o a Lr) Ln V) Ln In LO Ln Ln In Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln vi Ln Ln Ln Ln Ln Ln • • • • • 0 • • • • • • ri r r • • • 0 • r • r • • • • • • • s �- w V} 0 z z I w V1 T cr- V1 w kn C d Q F- Z LLI $ w U. LL LLLL df p o 0C� w o2S CO ai ❑ °� ❑ 0 Q z co Ln - OU Q z Q°° D LLV)iV)0oZ% S0®ZU LLJ <tt�u�0ULi � w w ca= C>; _ O w l7 tTs ( -' ..j � a (` U" w €'� U d w c� - }- F- F- F- r- CO CY O O O Z Z m © Z Z ❑ Z Z Z V1 Z Z Z Z❑ O Z w w w Z Z Z w Z Z cn w UJ 0 d U U Q Q Q F�- u Q U U U O� � Q© m Lwi < U< � Q 0 0 F- F-� U ❑❑ U U U r n to U L. LL LL CSC Q U F- U M U_ a U w `� D d � � d Q Q w w < LL LL LL. Cl Q oC3 ❑ Q LL Q Q Q ❑ ❑ < 0 4 ? F- F- 7 > > C� C� 7 O 0 O O � > m Z m > O 7 V} i CO aC1 ca. cif CC `w m w Qu U U Z �~ ZZZ ❑ (0 D 0 d Z Z Z F- CC CL � cwi p O=Q0 w O c�c u Z z Q Q 4 Q u1 ❑ ❑ 0 Z ❑ w Z w U F r) O ❑ F- -j F- vy w V1 w V) w H ❑ ❑ ❑ w w w ❑ ui rn Q 0 0 I z z va U d < Q 0 0� CL CL CL Q CL a w w ❑ d °� 4 Q 2 Q ❑ Q C0} LUu ❑ ❑ d 1 G� w w Q� d w Ln 0 -j -j -ji �E Q U Z Z Z I� F_ F- - F- U Q Z ❑ ❑' d Q Imo- Fes- w L1C 5 O Q G co --- J LL' w CL CL CL U uJ LU F°' W U U 0 _ Y J I »I F F- (�} ® � it LL U. � � If) (AZZ'�,'- ®® 'ZZwwwww w 0 0Z v�Z_ �-J 0 0 Z Lj tA LA m Z w! J CL" SL © Y 2:G Z Z Z- Z W W �p (w ❑ ❑ V1 CL CL Z (� C) '" O -, C[ > > _ > > w cn Cl U ❑ U w l7 w U O G� O CCa en O o' d U �' :' Z Z? i F- w J 2 _2 Q F- F- C; W c� cG M w= w w w ©O Z Z Z (;7 Vr V 1 Z _Z °C Q 4 d d d w F- w I` ❑❑ ❑� a J Z m w Q 4 LL LL LL LL w 0 Z W I v1 o❑❑ Z Z Z u Q Q d c Z z w I� ✓`,1 Z V1 V) Z w w Lq r r 0 LLJ Z d m Z O w Q 4 Q Z 4 kx ❑ ® Q � [ Z � 0— er Ln � ❑ ❑ ❑ H �� 0 n n f 1 P1 1 � � � � VS CC F- F- F- A A A A �t . A m kD A m rr A A w... A A A• • A A 0 m A'.. m N w •• • r M A A • i Lo N •• r• it A A A A A • • •, • • � • • a • s • r • r r • : • • s ♦ r r • • • a • • • • r a • Cif C17 m m m m � ..'.. I:C 00 I� ci1 Li) Cil f�l Ci) CO rY1 CO 03 OC1 t� Cif C0 � [Ya ICL1 OC] txl GC1 aci w w w r-I d d D0 d N d oo N r-I N r^4 N rl d d 00 m CX7 rl C31 m Cif Ln 0 m a N N OOMHOCreOHMWMHorqLDHor-ioomHmlttomomwowl:tlt w w w 0 0 m H ll" r-i m m d r. N m N m N m N N m N m Ln Q Ln w r• 0 m tit w w r` r� r-I w 11 qt m r� 00 H ri N 0 00 00 00 00 00 00 00 00 0 0 to rR r-I r• H r` 00 r` 00 n r• a) C7i (7) 00 00 00 0 0 0 H 0 Ln 0 Ch 0) 0) Cn Cn a) 0) (3) 0 0 0 a) 00 0) 00 0) m m m m m ww 0 wwrrr` r• r, ra0r.wwLOwwwwwrr`r•wlztwlzrwwwkoww e-i ri r I H H r-I H ri H r-I rl Ln rd ri ri H r^ r^i H r H H rI rI r- Lf4 H Ln H rI ri rl r-d H a)NLnLOHrntzr Cl) r.0 o000m00m0mttLnLnr ` mr.,a ) alrH .tear mr,mm r° 00 V) w Ln d �t 00 rn ri Ln 0 m N Ln r LO N R LO w n C71 r- I H m 0 Cn 00 m 00 Ln LO N N h d' m m 'd` a) N Ln r" H 0 m 0 m 0 m 0 m m N Rt N w 0 to rw 00 r� ct r• 0) Cn N N N w Ln r* m Ln N N w 0 w m Cr m g m d m m w Lr) t0 N m N m N m N m N N o Ip rn 0mo 000 � ,� 0 0 H m H m m m m m m m m m m m m m m m m m m m m m m Ln Ln Lr) Ln Ln V Ln Ln Ln Ln * it ! A • A A A r A H A r A H 0 r.4 A N N N • N • 1 A . A A Ltr CC O F- F- 5; Q O O � l- 00 �C co 0`' 0 CS cz0 d 0 1 C� -i w -iCc t Z z w w f" 0Q06Qcod = r r °' a 0 ®d u 0 mk-m - 6OOOzO uj j ��i - -F- uujLLI z< I oif QQaQaQ = � < C]CJ7 C6 0 U Q ~O l= w l- = o?S o� dS a�i (A � LA <t Z Z 07� di O O O u V) Ln LL -_" z i Z z W LLJ V) w o w F- d 0 D Z D _j � _` LL 0 Q O <L D Q O u u u CL u CL Q �I - z z Q Q`z00aZL W< tADL V)IILLrQw0jtmQ0Tranmu7hH w w L,LI u LLz L,<I<tQ®0QL'd OwOwwwOI- 5 -) Q LL L.. LL O rr ] I: In m = u w u CL' a w M Q� V) w V) I- U) l- N p] N h- I- m Z Li! O Q z „a uj co z <L 4 �- :E z u 0 QuL Lu 0 L1! a Q < < 0 d � LLJ uj ( m * d u Z 0 D 0 a~2S G� D D 0 1 4 L F L ` u � z u H C O O z z z O z U) LLr -j w j -j -j -j -j uuu 0z O cu 3 w w LL w<<w V) Lo U") � LLJ �= � 1= V)Vt 4 uw Z u) � V) uj (A z w z Q LI u l.} 0 0 0 0(D 0 V) o� CMG ®" Chi. V) CAL < CL i"- O CL 0 0 0 F- Vr 0 Li LL LLI LL LL 5 -� r� tr_ Ll C� I %" w� a Ian O O F- LL F- rn D w L,� LL o7� LLJ LLI LLI Q 4 4 u u ? L l� u u u z 0 z_ z z z z? z z z �' �Z . O Lu LL' W m CO ,j - CO Dq L m m _ _ O= << z Lu LYJ 4 �I < <t Vi M O M _ M _ O C7 t� Q Q Q d <C Q <t cc ac m m O C3 Z-J U_ 0 Cj <C < O O O r-I H c) F- > cr- N N — N Va V d _, n 0 a a to Ln 0 0 H d O m 0 0 m to 0 0 0 0 et to 0 0 0� m w 0 N m r- wI�r H (. r. LD H tit D 0 Ln (p al 0 a H N V) Cn N m g m 0 W Cal 0) Ch Cll 0) C]l 0) 0) Ch m m m m Cif 0) cn 0) 0) di M Cn r H r- r-i H H H H s-I H rH r-i c- H H r -I H r-i H H r-1 r- N N N N N N N N N N N N N N N N N N N N N N N N N N N N N H N N co, I M1 ,yl� �y1ry �r�Iry P �Iry @ ,r l� I I co, �/1� �Ip I �1ry �I/ �,I/ E pI� �.yl/ �.,r1y � A� �I/ yi�y �./I� N W � a. •. • Ci FPM Q . � W � F.W�A ICI F.4.1 m m 6.1... 0d w m CL LJ..I 4+ I IJ 4.L.1 � •. r M to LO lO 0 N m 0 Oil W N 0 W N N M M M M 0 m 0 ttl f` m H m m r h 0 0 M 0 m ® � � d' ct m r� N 1p cn � +.� aca CU �-+ d' to to trl m 4C? �• to cal � N ® ua CJ N C� r-1 1p r� nc� ao co w o w r-I w w o w m to 0 0 nrl% N N 0 0 w N 0 N N q to m o w to m 0 0 m m m 0 m 0 m m 0 0 Cis m 0 a m m m 0 I`- 0 m m 0 Q 0 0 d O 0 0 0 0 r l(] Lo w uo I'" r� 0 0 r LD 0 0 r I`- lD w w to r r w 4o r r r r i~ r r r n E- r^I r i H r-i H r-) r i H r-i H H H H H H H r-i r4 H H I ri r'i H H H r"I H H r 1 r-4 r-i H e^i g m m 0 N 0 N W to to H 0 r, b M d M 0 H 0% t 0 m W N d° 0 m W 0 to N 0 (D m H o lA N Q 0 O m m H N Cif H to q H to 0 N r ct H 0 w H Ill to w m d to m w i r 0 w to to m to N r H f°- D 0 g H m�o m g H 0 +o ® hl. Idt H m H dt N m I~ rl l{} m m 0 m m m w m m 0 m Ill 0 0 m 0 N a N 0 0 m m 0 H Uo m Cif � 0 N m r`, m LD m m m m m m m m m m m m m UD g m q m H m m m m 0 m 0 m m 0 0 m Cal a q o 0 C a l H � m m m H d m m Ln tra 0 to in LI) ul Ul u7 Y} i w w • • +r 1N s r • 0 • w 0 i r • • • • +.. • H H H H ir.. re 4 Q 4 _ 0 Z� U aF- -j co L d © CL w C7 4! 0 5 Q c a 4 06 4 `� cta w w O F„ N d w h F-- ° 9— h- d � Q I-- }— F-� 4 Z oti 06 ® w © ® w 0flC- 744LUaC -j4 _j _jo6u CJ74Q Cw uua �fl(7 4F- }_ °12: ait',7�7a%000Z�N�F--<C' c0 �r�4�,��.�w� Z Z Z o"t! 06 Z w Z Z Z Z Z w w Q z Z Z a d Z w w w 0 w d < v�QQ Q Ud dd tQQ �'dd4a4c >- Ufw- < 4 Q Q Q 4 Q LL Q Q d Q Q LL w Q d Q Q w< LL w w 0� U >r Lamm2 >0a.CLh- c- a.4 07 > }ciaca.4w=F- Q0NHZE2 r` m 3 LA 0 rn cx 0 4 r�i d d >- O at ? w `U cc 4 4 d d d FF- w LLJ CL v) V) V) z D D d 4 ¢ C= I I '. d O V d u7uazZZcncn ct n a w Z Z Z Z W w d O ® m w w vl va Q Z (D < U U = «l 4444 w044Zbww czczcz2 z wQ9 t Z Z Z Z Q d Q p 4 V Z Z moaa mm °2Umm ©NNN4P ° mPwa Lna64 ®4 w F- CL t% ci w d 4 U w -' Qw = U U U U w w w w° m sr) to w� aG > 4( w CO 4 LW w w X M X® h w w Z Z Z Z Z Z ©� Z= 4 Q 4 0 4 U Z 0 w w w w 0 m U U U Z�� ¢,7 �� Q Q d c w'� (� > C 5 ;Y �� !?! 0 N 0 0 m m 0 m m Q0 0 w 0 0 ri ri m as 0 w oo H to m 0 a 0 w M LA 0 g W w 0 r. 000 cnrnu) N 000000 Mfy)uDa)Ul) r) mNNNt°`�o�o cD cn 0) 0 0 0) Cn 0) Cn 01 0) 0 0 0) (3) Cn 0) a) Cn CY) rn rn m 0) a) cn ri e I N 04 H ri r-I H Ti H N N H H r-I rq r- ri e-i H ri r# r" H H rl w N N N N N N N X N N N N N N � � i � � (� CS , , , , m m r„ j c,i CC) CL m CA C� CL.1 0 0 r] cC cY cO ! ! o C!} ! C0 m CC) ? r LL � 0 d" C` I* Db Ci''a C13 m f . La0 h if'1 ri r°Y m I`• i7'I N' N C4 lD q0 'C7 '�` f� lD Cn C11 t71 (ti l.Ci r# l!� tf1 oo Oq Lx} l(1 d d r i oGi u7 H N 0 u7 rl h P` m m 0 N 0 ch Ln m 0 m m m rl N m w cD H m h r- t- 0 0 N 0 0 0 0 00 W m 0 M 00 00 01 d' oo N N 00 H N N N H oR Cn N un ri 0 0 0 0 CA CL) 0 ri H H ri lid io 0 H 01 0) Cr a) m 0) Ch d* 0 0 07 0) a) 0 01 01 N w r, N u1 u) u°1 oo oo lam- N N czt df t it N N Lo ua w �o N w �o Lo m tN Ln w �O N LD �a m u1 r-I H V) 6f1 Ln d H H r- d' I;t V) U) ri H H ri H ri d ri V-1 I un H ri rl r-I H 74 ri i11 ri w m m m H ri 0 N m N N N d' L` 0 0 0 w w 0 N m w w m ri 0 ri m g m 11 un m ri m m m 0 m m 0 N m Cif m H 0 N m 0 g q N q W ri ri w w 0 01 00 w r o w 0 m 0 m m rI d H N m H N m to N 0 ri ri m 0 d N 0 m w w m r i t Ct g w 0 d 00 NLnM lmNw0NmHNd N tD N m m 0 N m N �oLn Mmmmmmd u� N ri m w 0 0 0 0 m 0 0 w 0 0 m m oo 0 m m u7 ri M m ri u'1 r-I m N N r-Y m H 0 m r H H g 0 m ri 0 0 g H m N H 0 H H H 0 rl ri d ri u1 ul U) u1 Lf) u1 u1 V1 X11 u'S u) iC1 u7 u'1 V) u7 un a) u1 In un u'3 u3 u*) Lr) a) u1 Ln u1 Ln u7 Ln Ln un ur1 un u'1 Lr) 0 r rr w m r r 0 • rr r• s N N 0. 0 •• w• w• r s 0 w•• Z w 0 0 0 Z ❑ d .j _1 0 Ll � � uj w 0 H � w � Z w LLI LLJ 0 � 06 LU � N LL LL LL LL ® � � °�{' rn L1. CL La � W � -I Q ® in C7 l7 < 0 0 < w 0 w w ❑ = L7 :) to v1 ua ❑ 0 H < 1® Z m w Z �7" Z F-� obi d Z Z w Q m 1 Q© z ° to i!4 j� ua m ap d- z d d d d l7 l' w Q❑❑ C? L G1 dJ q ui tidL�A�.d`1dC? <d cCd�� ❑zLww`x,�<(u�'a�dwwdil wu'.i m a LL d d Z Cp cA vl > rx x' U ri d J C) 1 00 2 m w Q U LLJ U 0 w w U W * z z Z 2 2 = ® H ❑ ❑ ❑ LU ua LL uj 2 ❑ r _a w w d d d La. _a w LU LU W d<C co Zz u ua z UUU LIJ Ua0 CL V) D LU o❑❑ Z U V °c LU nLL to cn ❑ Z Z ® Z o O o w Lli C7 d d a' � Q Q 0 Z�❑ LU — c rz 0 w w ui 0z 0uU ®C]2iud„lw U -J�-; --a p- p i J 0 d d © d d Z Z W n D w J U Vdi cd11 Ln CC -. : F 0604 � =OOL� � cnQ — — —Q ®d �, Up va U U❑ 4 U w M as LU Z Z 3 d � d U U w vZS co F- U F- LL ❑ 0 ® ❑ w w J w w w cn ❑ 0 -, -, <( Z t7 l7 0 0 U U Q U❑ Q Z Cd] Q <Oo m ❑� m❑ o❑ U ~ H 0 0 u7 ❑ uw1 d I Z Z I-- Z z Z Z® d D❑ LL n p Q d ❑� U w z 2 w w w w Z U d d w w w ❑❑ v1 ❑ Z Z w U w w w m d zp =oo0 ...��.Q— _ C)C)= u�wszp- ` �'I gGC �C wd w w d d of Q d-j � cn Ln �, U w �s w nod oG Z >» >= d❑ U Z LL Y GC GY CaC w .n v7 _ i 0 H I w Q Q D❑�n - m c 1 d> U U U .r 0 0 0 0 N m 0 0 m M Ln 0 0 m 0 r• N r" 0 N 0 N 00 m 0 0 0 0 Q 0 m 0 d 0 C0 C a [ n N m t 0 iD t0 0 l D to M1 �0 W 40 0C) O W N O O M O O 0) O1 0) 0) CT1 CT1 CF1 C3) ! 0) CI1 CJ} CJl O1 01 01 01 0) 0) O Ch Cn O) CT) H H H r-i H H H H H H H H H rl 'H H H H H N H H H H H pp co N N N N N N j U U U V U U H U H H H r m N m d m N H H N N N rq N N ri r` H l0 o m H m o l0 4i? l0 0 0 m UD 0 0 0 00 0 H r, r, H g H N d 0 CC) N t0 O N d M M M N 0 ct N N N N N N N N Ln to Ill Lf) '- H N', r- Ul O) tD an d 0 r'' H tll M to N t 0) M W N 0 r- h r• r- N N Cn r`- N N N m N r% LI) IJ) e7 00 W H LA ul Il) q 0 0 q 0) 0 0 0 O H H 0 0 LD 0 0 0 00 0 0) 0) 0) H d r` 0 O I• 0) 0 0) m m m O i" Q Q M 0 0 0 0 0 0 N N N N N N 0) N 0) 0) O) 0 0) CF) H ri Q 0) 0 0) D O 0 0 0) 0 0 l0 M1 h Pr r` N N ® C0 0 ® d Q Q 0 CD t0 l0 r- 0 Q0 h r� I'°+ l0 r• CO H H H rl l0 N t� H H H H H H H to to 0 II) m 0 H 0 H H H H 0 H H H H H H H Ln 0 Ln H H H H m 0 Ln Ln 0 "r 0 H H H H H H 0 H H H H m tit m Ln Ln m H Q t0 N 0 00 N d d 0 Ln Cn m m %t r" 0 N r* r- N N r- d' N N N N N W H r-I' 0) 00 N 00 O d "1 N H 00 rn lD cn r• m m H� et n r" h r` r� r� H�� d' �� m 00 r• H rn H rn m m m m r m r. r to 0 l0 t0 i0 0 N N N N N N 'zt N d q d' 0 N N 0 0 to If) M d' W l0 U] 0 Q0 q U) m m m m m m m m m m m m m cml m m m m m r, m m 00 0 m m m I m m r• m H N H H H H H Ian un Lr) to to Ln Ill u7 to U) LA Ln i N N i • i i i 0 i i 0 i i i i i i.. • i i i i i 0 • i • i i i LI I� 0L �/ r x x x x x x X co W W tkl t.t,l Ltl Q CL Q. 0. CL CL CL CL � Z G � 0 .°�' � Z ujuj ® 'Q ® < vt w -j -i -i -i -j d -1 Z I Q 0 1-- V) mm®' - - ddQQdd i C U dt°)❑ ❑ 2 =< F'-�02 Qd Q r-Qdda Zw Z o2Spo�f J U U=® w��' W W a x x x o< D J Q a w w U_j U �- Z Z kA Q W vi �I-n to r ° W w W F- U Q °7i �C 0 F- I- E-- Z d Z Z Z w W d> u Q Q d d Q d W d Z _' ul Z Z z Q d d w L'r W Q x Q ❑❑ Q d U U U U U U 'U U Q U( U = uj d d d X X❑ W❑ U �u7�,zzCC zzz zzLLZ U -U- Uuuwc z ,u QdW WQdadQQQQL-¢0c�ndo��llL dQdQddWDwd CL > cc z a o'_ (7 ,,J .J -j J J -j Q -1 u u u ] F" w 0 � � > > > D- 0- a- r,- LL = a 0) u z u z U Z - � O I- Z LU CL) ca u m LU m w 2 0- W LU z V) Z z CL Uj > LU LU LJ ❑ LLJ 0 DOS ❑Z * p F- H L7 1 to 0 a = 0 V) a CC W LU J -J U D � ❑ Z _ -' a -__® ❑ ®1❑CW1❑ O 00 U to cc V) ulJ______ U, I-- h w �- F- D d W t1J V1 V) J ..l I J J J J I J _ J e4 u -1 z z d U l!} d CC W cr. W LL' W C1 tll LL' tdl CY_ W J C1C ttl .9 J J d tL ❑ C1G t11 Z LL V) CL W 0C CC ❑ ❑ Z = > V) V) V) V) V) V) W JI V) CL CL ® Q On W F- W JJ Z Z ❑ ❑ ❑ tL ❑ CO LlJ ill Z Z ❑_ d ❑ d u Q U d u d U d u Q U> d U 0 0 D 0� — I J ui H Q w- > 0 Q F- �"" F- E-^° = Z Z Q U 0{ a> Z Z z Z Z Z f" +'` �_ �_ G W ( r� LL t1J W i = d W d d Q Q l7 i co J "_l Q i m 0 0 0 o o m m N m 0 0 O 0 un H 0 m o m 0 0 QD o 0 0 o N r, N N r` N N (3)c)Cr) ())0)0)G,0)0a rnrna) rn a) 0) c) mm0mma)m �� r-IHHri H�r-i � r- H H r-fH H r-irar-i H � r U , I i 1 p f 1 I I 1 I I 4 R 1 I I t 1 I I t i I d I I 1 U U U U U C1. fYl m m m m m M m m m m m m m C4 m m CO m m m m m m M to 0 0 0 0 0 0 N w w g m w 0 0 Ln M H rl m 0 N to 0 N w N N 0 m r4 rl QD Qo 0o m ri w H m m m 0 0 w 0 N rl o m w m r� 0 w LO 0 0 0 N N u U U U U U U m m r- o N m rl r4 r* QC1 ri ri O d m N N N w w r-[ m c r 0 in N r- U U U U U U' U ri 0 0 m 0 0 0 o r- H m 0 r II o0 o r4 0 0 m 01 0 m 0 M 0 0 o J 0 m O o o O m w m m O m 0 0 0 o m 0 O m O Q"1 m O o Q Q Q Q Q Q Q r` r< r~ 0 r r r~ r- Q D g Q o�D N Q a r- N N N c o Q s � r s- Q a n 0 w N r• O 0 0 0 0 0 O rl rl H ri ri r-I r-i rl H o H rl rl H r-i rl rr H rH H rl ri r1 rl ri rl r-r Z Z Z Z Z Z Z QA QD w r� m N N N w q' 0 0 ^Cr d 0 w rr r4 N 1 0 H m rl rr Qf1 lid r1 rl rl r-4 H H r1 u� r-I m m c7t � � r` CJ7 o m m m r4 D O qd r4 Cil r^l Qq Qp O Qf') t�1 d' �7' oa 1X) oo m fU oCt W N m d N 'Cr N g q W r" M m d W W LD Ili r-4 0 0 't 0 r" h ra O 0 r-1 H rl r-4 r-4 c-r r♦ QL1 0 QD ll 0 Qo 0 Ln N m It lzt tD QD Ill li} m 0 0 Ln m Ci 0 d It VD O N r` N N m m m m m m m m m m m m m m m m m m m m m m m m m m m oa oa on cx� ott) ay no 4f1 u7 Ln 0 0 0 0 0 • w 0 N H H H m r w s 0 w w• w w w H w w w w 0 w w w w: r r w 0 V) 0 Q0� z Z z Lij 0 z 0 j LL w W z z z z z z z wF- w F- Qn F- LA ° f" a (D F- O F- Q Q Q Q d Q U. w J w w Q 0 C0j m 0' w O 0 d -i-j - i -j -j J LL ❑ n. U 0 J J a= o?S l7 �! t7 06 U C7 � U L7 l7 Q Q Q Q Q Q Q G1 w LJ 0 Q Q Q Y 0 V, � � � w Q Y m .-� � � �,. �. �.. C. CL 11 CL D yz p� OQUUUZ,OE c fl(iLL7= cn= R E 2 0 w Q w Q Q Q Q LL Q Q L- w d Q Q Q Q F- Fh F- F- F- 2 c m cn w 0 0 F F- ]? 7 m O a F- a 0 CC 0- U IZ CL CL CL 0 0 0 0 cn 0 0 z 0 r- J uj fn Q W co 0 4n rl u4C iF iF 1F 1E � 11 dF 4F 0 = w. Q LA LU w m an W V w aUp d w 1f 1� 4t• ® 0 C) C) � d C) ® O O G) O Li �� incnvyuacr�Qncn ► c oG v) U � Q In 0 lrt V) in Z 0 Q 0 0 V) W w Z w _W w w Z w 0 w m w w w C� cl� G7C cl: w w w W w ce C� ce w w w z w O w W W w a. Qn D to L- uj LU Q � � � � � � _ � � � � � � � � CC W �w00�- FYcc� c a t FW_- as a s CL CL c1� - Q— °�maram�mmmcaca000 w v~i j w w w w❑ O O w D< a 0 O O w d n1 in Ln Ln us ii in ul Q W J O Z Z Q Q Q U Q Q® Q W CL1 J J Q Q Q Q Q Q Q LL J Q Q Z Qu W W w w 0 w, W w w Lul w W W w cri Q 0 d Q w w w w =w 0 00 O n U► LA 0 0 0 L1W 0 Ul) A! 0 V) V w Qw 1 Z Qn 0 ` � } 0 0tnLnr- ( d'Cn00N tD d'mm0 wLt) m m Cif Cif m m m m m 0) Crz c) C) C71 Ma) ri r•I N N a mrimmmmmr� 0U 1 Ul LLn UUd GY_ v7 U1 U) CC CSC C0 a U U U a ® m 0 p rr^i m 0 Q m m m 0 N ri U U U D D 0 0 00 w m m m D ri H D r-1 ri 0 Q Q Q D D D w td IrIr m m m 0 D D D D D D p © p r• r, r, 00 ^ct cn LD Li) �0 r, r• r• rr r, r` n Z z Z H ri H ft tin 0 H H H ri r-1 H ri ri H ri r r r-i H H N l0 H tt m w m m 00 ri r i 51 CD �D oca ot1 0a a0 W .t r,n r°+ r-1 d' r° r-i h� m m m (31 N m rir - N tQ0ImLn00 mnr•.var7�D * r,r r- r- LilQm(v�td d �r Lt) ww Ln o3Ln 00 00 00 as m a0 0�0 a) m m m m m m m m m m Lrt Lt) Ln N 1n U1 U} .... . ............0 a an 0 w d a q w Q d U oC U w V) z z z z 06 ul Q LQ m m J Q QJ A US t o a) m� r i h Ua F w w U1 w w c>C Z J J u A 00 ]� ()®cn ul z O U w LI Un U) 00 [01 CE ri m ri > 0C 5 C) N cis UJ r- It co cry U z z -a� wLLJ m O.. D w z d z U z Q m Z Z J re Ln D U Uy h U1 D D C] U 0 Z Ln w -- w tLA Q z Q�zw on U � U H Q d l�Mo<m wwo 0) —C Qwuof�2RRU rnH 0 w w w w < w U w 0 w m m m � � c[ w w w w GD = z °< 0 toy QQQQ KiCA ° �QOfzCL J J J J U 0 < U OW W U) m z Z r-1 I J >- >- >- % ."", G U1 an lI y `� .y June 3, 2009 Your Worship and Councillors: SUBJECT: Secord Subdivision 2377 Loch Lomond Road The Planning Advisory Committee considered the attached report at its June 2, 2009 meeting. The developer, Trent Mosher of Moosehorn Developments Ltd., appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this matter, and no letters from surrounding property owners were received. After considering the matter, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. RECOMMENDATION: That Common Council rescind its resolution of June 10, 2008 concerning the Secord Subdivision at 2377 Loch Lomond Road. 2. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the revised Secord Subdivision, Phases 1 [sic] and Future Phases tentative plan, including the proposed public streets and any necessary public utility easements. That Common Council assent to the proposed Land for Public Purposes dedications, as illustrated on the revised Secord Subdivision tentative plan, having an approximate area of 2.67 hectares (6.60 acres). 4. That Common Council authorize the release of a portion of an existing Land for Public Purposes dedication at the end of Gibbon Avenue, having an approximate area of 5185 square metres (55,813 square feet), and being the eastern portion of PID No. 55054266, as illustrated on the submitted tentative plan. 342 -2- That Common Council authorize the acceptance of a 6 metre (20 foot) wide drainage easement, as illustrated on the revised Secord Subdivision tentative plan, on the following conditions: (a) The drainage easement must be clearly shown on the final subdivision plan indicating the purpose thereof, as well as the necessary instruments registered against the subject land giving the City of Saint John the right to maintain and improve the anticipated drainage course; and (b) The development of a drainage course within this easement must be in accordance with a detailed drainage plan approved by the Chief City Engineer or his designate. 6. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and the work associated for the drainage course mentioned in clause (5). 7. That Common Council rename an undeveloped public street right -of -way adjacent to Karen Street from "Don Avenue" to " Secord Street." Respectfully submitted, Stephen Horgan Chairman MRO Project No. 08 -196 343 �kr DATE: MAY 29, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING * PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 2, 2009 �� Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. Name of Owner: Moosehorn Developments Ltd. Location: 2377 Loch Lomond Road PID: 55196588 Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To undertake a rural residential subdivision consisting of approximately 12 lots abutting new public streets. Type of Application: Subdivision JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. lr o SAINT JOHN P.O. Box 1971 Saint John, N8 Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21- 4L1 344 Secord Subdivision Page 2 2377 Loch Lomond Road May 29, 2009 STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rescind its resolution of June 10, 2008 concerning the Secord Subdivision at 2377 Loch Lomond Road. 2. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the revised Secord Subdivision, Phases 1 [sic] and Future Phases tentative plan, including the proposed public streets and any necessary public utility easements. 3. That Common Council assent to the proposed Land for Public Purposes dedications, as illustrated on the revised Secord Subdivision tentative plan, having an approximate area of 2.67 hectares (6.60 acres). 4. That Common Council authorize the release of a portion of an existing Land for Public Purposes dedication at the end of Gibbon Avenue, having an approximate area of 5185 square metres (55,813 square feet), and being the eastern portion of PID No. 55054266, as illustrated on the submitted tentative plan. 5. That Common Council authorize the acceptance of a 6 metre (20 foot) wide drainage easement, as illustrated on the revised Secord Subdivision tentative plan, on the following conditions: (a) The drainage easement must be clearly shown on the final subdivision plan indicating the purpose thereof, as well as the necessary instruments registered against the subject land giving the City of Saint John the right to maintain and improve the anticipated drainage course; and (b) The development of a drainage course within this easement must be in accordance with a detailed drainage plan approved by the Chief City Engineer or his designate. 6. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and the work associated for the drainage course mentioned in clause (5). 7. That Common Council rename an undeveloped public street right -of -way adjacent to Karen Street from "Don Avenue" to "Secord Street." INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments regarding this proposed subdivision: (a) The developer must provide a detailed engineering storm drainage plan and report. (b) Detailed engineering plans, including proposed easements, must be submitted by the developer's engineering consultant for approval. 345 Secord Subdivision Page 3 2377 Loch Lomond Road May 29, 2009 (c) It should be noted that the existing watercourses are not the responsibility of the City of Saint John (except for those portions to be vested as Land for Public Purposes). (d) The cul -de -sac at the end of Gibbon Road must be constructed to acceptable City standards. (e) Don Avenue must be improved to Country Road standards when the developer constructs Secord Street. (f) Adjacent to the subject property at 173 Karen Street (shown as Parcel S T on the revised tentative plan) there is an existing waste water treatment facility plant that overflows towards this area (NBDOE and DFO are aware of this situation). The City of Saint John must have uninhibited discharge of the waste water treatment facility effluent to the watercourse in order to maintain treatment effectiveness. Uninterrupted flow must be provided in the engineering design of this subdivision development. (g) In the near fixture there are proposed Capital projects to extend water and sewer from Lakewood Heights to Mallette Road. (h) This tentative subdivision plan appears to have a proposed street (Secord Street) through a wetland area. Approval from the N.B. Department of Environment must be obtained by the developer. Buildings and Inspection Services has no concerns with regards to this application. N.B. Department of Health has provided written confirmation that most of the originally proposed lots can be modified in order to be made suitable for the installation of private on -site septic disposal systems. However, Lots 07 -03 & 07 -04 (now shown as Future Phases -- Moosehorn Developmentss [sic] Ltd. — PID 55196588) are not presently acceptable. The front road culvert of these originally proposed lots is essentially a discharge stream for treated sewage effluent coming from the Karen Street Trickling Filter Sewage Treatment Plant operated by the City. This liquid often carries a strong odour and remains a potentially dangerous discharge from a public health point of view. For this reason these lots are unacceptable for the purposes of on -site sewage and well water development. N.B. Department of Environment has provided written confirmation that the lots shown on the revised tentative plan are acceptable. Any development occurring within 30 metres (98 feet) of a delineated wetland or watercourse is subject to the Watercourse and Wetland Alteration Regulation (Regulation 90- 80) under the Clean Water Act, and requires a permit through the N.B. Department of Environment. ANALYSIS: On May 20, 2008 the Planning Advisory Committee considered an application concerning a rural residential subdivision known as Secord Subdivision consisting of approximately 18 lots abutting new public streets (see attached report). 346 Secord Subdivision Page 4 2377 Loch Lomond Road May 29, 2009 The Committee resolved to recommend this subdivision development to Common Council, who provided the necessary assents and approvals on June 10, 2008, The Committee also granted the requested variances and proposed street names. Since that time the developer and his consultants have been working with N.B. Department of Environment with regards to the proposed subdivision and the existing wetlands situated on the property. An Abbreviated Water Supply Assessment prepared by Craig Hydrogeologic Inc,, has been favourably received. Fundy Engineering & ConsuIting Ltd. (Dr. Matthew Alexander, P. Geo) provided a report concerning the watercourses and wetlands situated on the subject property. The study identified three wetland areas, which are illustrated on the revised tentative plan. As a result of this further investigation and consultation with N.B. Department of Environment, there have been changes made to the subdivision plan resulting in fewer lots. Changes were anticipated in the previous PAC report. The subdivision development now consists of 12 unserviced residential lots instead of the original proposal for 18 lots. These lots can satisfy or exceed the minimum requirements of the "RR" One Family Rural Residential zoning, except as previously addressed by the granting of certain variances last year'. The street layout has remained the same as originally proposed and assented to by Common Council. However, the following two aspects have changed: A 6 metre (19.7 foot) wide drainage easement was originally proposed to cross over Lots 07 -07 & 07 -11. This easement was to be granted to the City in order to properly facilitate storm drainage from Abigail Place towards the stream near Secord Street. According to the applicant, this easement is no longer necessary as the grade of this street will now slope towards the west. However, a similar easement is necessary to the west of Lot 07 -16 (immediately adjacent to Moosehorn Developments Ltd. remainder) directing storm flow from Abigail Place to Graham's Brook. ■ The originally proposed Land for Public Purposes dedications have increased in their total area from 2.18 hectares (5.39 acres) to approximately 2.67 hectares (6.60 acres), a difference of 0.49 hectares (1.21 acres). If accepted, this will provide a credit of 1.46 hectares (3.61 acres) for future subdivision development that may occur to the west. Municipal Operations and Engineering has no objection to the change with respect to the drainage easement. The proposed Land for Public Purposes dedications are a slight enlargement of the previous dedications assented by Common Council. These dedications would protect the two watercourses and their associated wetlands. With respect to the wetland area on the north side of Secord Street, this area may later become acceptable to N.B. Department of Environment in the future should the proposed storm drainage sufficiently alter its characteristics. No lots will be approved by the Development Officer immediately behind the treatment facility unless confirmation is received from N.B. Department of Health that there is no longer any concerns. The recommendation includes all the Common Council assents and approvals necessary for the revised tentative. The previously granted variances and new street name approvals are still valid for this revised subdivision plan. 1 Please note that the depth variance for proposed Lot 07 -10 is no longer necessary due to changes made to its configuration. 347 348 1 i sx�, Ile s' �♦ .' ♦ 1 E� \♦ d3�p nr 349 1(� TP IN f 0 0\19 I J � -r DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: & 0-4- r 1W SAINT JOHN MAY 16, 2008 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF MAY 20, 2008 7. Mark O'Hearn Planning Officer Hughes Surveys and Consultants Inc. Trent Mosher 2377 Loch Lomond Road 00326884 Unserviced Residential "RR" One Family Rural Residential To undertake a rural residential subdivision consisting of approximately 18 lots on new public streets. Subdivision and Variances that would: (a) Reduce the minimum lot depth requirement of 40 metres (131 feet) to a varying depth between 20 metres (66 feet) to 71 metres (233 feet); RO. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 350 Secord Subdivision Page 2 2377 Loch Lomond Road May 16, 2008 (b) Reduce the minimum lot width requirement of 60 metres (197 feet) to approximately 54 metres (177 feet); and (c) Increase the maximum cul -de -sac length standard of 105 metres (344 feet) to approximately 145 metres (476 feet). JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City /Developer Subdivision Agreements. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning and Subdivision By -laws, Conditions can be imposed by the Committee. The Subdivision By -law authorizes the Committee to approve the name of new streets. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo - reduced Secord Subdivision tentative plan, including the proposed public streets and any necessary public utility easements. 2. That Common Council assent to the proposed Land for Public Purposes dedications as illustrated on the submitted tentative plan having an approximate area of 2.18 hectares (5.39 acres). 3. That Common Council authorize the release of a portion of an existing Land for Public Purposes dedication at the end of Gibbon Avenue, having an approximate area of 5185 square metres (55,813 square feet), and being the eastern portion of PID No. 55054266, as illustrated on the submitted tentative plan. 4. That Common Council authorize the acceptance of a 6 metre (20 foot) wide drainage easement over proposed Lots 07 -07 & 07 -11 on the following conditions: 351 Secord Subdivision Page 3 2377 Loch Lomond Road May 16, 2008 (a) The drainage easement must be clearly shown on the final subdivision plan indicating the purpose thereof, as well as the necessary instruments registered against these lots giving the City of Saint John the right to maintain and improve the anticipated drainage course; and (b) The development of a drainage course within this easement be in accordance with a detailed drainage plan, approved by the Chief City Engineer, which will properly facilitate surface runoff from proposed Abigail Place over the mentioned proposed lots and into the anticipated ditch along proposed Secord Street. 5. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, and the work associated for the drainage course over proposed Lots 07 -07 & 07 -11. 6. That Common Council rename an undeveloped public street right -of -way adjacent to Karen Street from "Don Avenue" to "Secord Street." 7. That the Planning Advisory Committee approve the new street names "Secord Street" and "Abigail Place." 8. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning and Subdivision By -laws for the proposed Secord Subdivision that would: (a) Reduce the minimum lot depth requirement of 40 metres (131 feet) to a varying depth between 20 metres to 71 metres (66 feet to 233 feet) for Lot 07 -10; (b) Reduce the minimum lot width requirement of 60 metres (197 feet) to approximately 54 metres (177 feet) for Lots 07 -11, 07 -12 & 07 -13; and (c) Increase the maximum cul -de -sac length standard of 105 metres (344 feet) to approximately 145 metres (476 feet) for proposed Abigail Place. BACKGROUND: In 1987 Common Council approved a Municipal Development Plan Amendment and concurrent rezoning that permitted the development of a rural residential subdivision consisting of 21 unserviced residential lots and 2 new public streets (i.e., Gibbon Avenue and Secord Place). Council also assented to Lot 87 -19 (PID No. 55054266) at the end of Gibbon Avenue as the required Land for Public Purposes for the subdivision. 352 Secord Subdivision Page 4 2377 Loch Lomond Road May 16, 2008 In 1994 the City approved another rezoning application to allow 6 further lots to be created from an extension to Gibbon Avenue. That proposal also involved a 0.99 hectare (2.44 acre) linear LPP dedication. The subdivision development did not occur and is the subject of this present application. In 1996 the original developer (Secord) requested to resubdivide property at the intersection of Loch Lomond Road and Gibbon Avenue in order to develop one lot for residential purposes and the other as an exchange for the existing LPP parcel at the end of Gibbon Avenue. After careful consideration the City (Common Council and PAC) decided not to release the existing LPP parcel for the other lot adjacent to Loch Lomond Road. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments regarding this proposed subdivision: (a) The developer must provide a detailed engineering site drainage plan including lot drainage, culverts, and stream relocation; (b) Detailed engineering plans for the proposed streets must be submitted to the City by the developer for review; (c) It should be noted that the existing brook/stream is not the responsibility of the City of Saint John; (d) The cul -de -sac at the end of Gibbon Avenue must be constructed as per City standards; (e) Adjacent to this site on Karen Street there is an existing sewage treatment plant that overflows towards this proposed subdivision (NBDOE and NBDFO are aware of this). The City has an approved project this year to repair this existing treatment plant; and (f) In the near future there are proposed Capital Projects to extend water and sewer from Lakewood Heights to Mallette Road. Building and Technical Services has no concerns with this application. Saint John Transit has been advised of this development. Saint John Energy has indicated that there are overhead facilities in the area that can be extended in order to provide services. 353 Secord Subdivision Page 5 2377 Loch Lomond Road May 16, 2008 Aliant Telecom has indicated that overhead facilities are available from Gibbon Avenue and Karen Street. An extension of these facilities will be required in order to service the proposed lots. This work will be jointly undertaken with Saint John Energy. Details and costs will be discussed with the developer. Rogers has been advised of this application. Maritimes & Northeast Pipeline has no concerns with this proposed development. Leisure Services has been advised of the proposed Land for Public Purposes dedications and the requested LPP release /exchange at the end of Gibbon Avenue. Fire Department has no objection to the proposed subdivision application provided the street network is properly constructed. Saint John Fire Department reserves the right to accept any turnaround areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turnaround areas. NB Department of Public Health and Wellness has been advised of this proposed subdivision. A site assessment will be conducted when the developer provides better access and delineation of the proposed lots with suitable test pits. The area of the proposed lots can exceed the requirements of the Health Act for the construction of one - family dwellings. NB Department of Environment and Local Government has been advised of this proposed subdivision development. NBDOE has indicated that there are wetlands on the subject property that must be registered for Environmental Impact Assessment prior to any approvals or development. School Board has been advised of the residential development. ANALYSIS: Subject Property and Neighbourbood The subject property is situated to the north of Gibbon Avenue in East Saint John (see attached location map). The site is primarily covered by trees with a stream running near the southern portion of the area and a more significant watercourse (Graham's Brook) situated to the north of the proposed development (see submitted tentative plan). The property has an undulating terrain with an elevation of 85 metres (279 feet) at Gibbon Avenue sloping down to an elevation of 72 metres (236 feet) in the vicinity of proposed Secord Street, a difference of 13 metres (43 feet).' ' The property drops to 65 metres (213 feet) in the vicinity of the proposed Land for Public Purposes adjacent to the stream, a difference of 20 metres (66 feet). 354 Secord Subdivision 2377 Loch Lomond Road Page 6 May 16, 2008 Then the property raises about 16 metres (52 feet) to an elevation of 88 metres (289 feet) in the vicinity of proposed Abigail Place. To the west is the Sunrise Park Subdivision that was developed with one - family homes having private on -site services. This is the same standard as the development along Gibbon Avenue. To the east is the Greenwood Subdivision that was developed at a higher density with a communal sewer system and private drilled wells. The lands to the north have remained undeveloped and are covered by a dense forest. Development Proposal and Requested Variances The developer is seeking permission to construct new public streets with 18 unserviced residential lots (see submitted tentative plan). Two of these proposed lots (Lots 07 -01 & 07 -02) would abut an extension (cul -de -sac turnabout) of Gibbon Avenue, with the remainder of the lots gaining access from streets abutting Karen Street in the Greenwood Subdivision. Despite the undulating terrain the streets and lots have been designed in such a manner to avoid steep grades, avoiding the hillside provisions of the Subdivision By -law that require increased lot sizes. The subject property has already been rezoned to "RR" One Family Rural Residential (see Background), permitting the development of a rural residential subdivision. While the proposal can satisfy most of the applicable requirements of the Zoning and Subdivision By -laws, the following variances are necessary: (a) A minimum lot depth of 40 metres (131 feet) is required, whereas Lot 07 -10 would have a varying depth between 20 metres (66 feet) to 71 metres (233 feet); (b) A minimum lot width of 60 metres (197 feet) is required, whereas Lots 07 -11, 07 -12 & 07 -13 would have widths of 54 metres (177 feet); and (c) A maximum cul -de -sac length of 105 metres (344 feet) is required, whereas Abigail Place would be 145 metres (476 feet). The lots with reduced depth or width contain more than sufficient area to accommodate the construction of one - family dwellings. These variances are considered reasonable, and, therefore recommended for approval. With regards to the cul -de -sac length variance, Subdivision By -law restricts a cul -de -sac street to a maximum length of 105 metres (344 feet). The proposed road would be approximately 145 metres (476 feet) from the proposed Secord Street intersection to the temporary turnabout. It has been mentioned in the past that this By -law standard is based on a serviced situation where a total of 14 lots could be developed. The proposed cul -de -sac would only provide access for 6 lots. Given the low density proposed along this slightly extended cul -de -sac street, this variance can also be recommended for approval. 355 Secord Subdivision Page 7 2377 Loch Lomond Road May 26, 2008 Municipal Development Plan and On -Site Servicing The Municipal Development Plan has designated the general area as Unserviced Residential. This Plan designation supports the development of rural residential subdivisions, which are planned subdivisions with new streets and unserviced residential lots. Rural residential subdivisions are approved on the basis that they are permanent features of the outlying areas of the city. Therefore, it's vital that the suitability for private on -site facilities (i.e., septic disposal systems and wells) is carefully considered. Both the Provincial Departments of Public Health Services and Environment are consulted in determining this suitability. At the time of preparing this report NB Department of Public Health Services had not yet undertaken their assessment of the proposed lots. This assessment is expected in the near future. They have indicated that the area of the proposed lots can exceed the minimum requirement of the Health Act for the construction of one - family dwellings. With respect to NB Department of Environment, An Abbreviated Water Supply Assessment has been submitted by the consultant (Craig Hydrogeologic Inc.) for consideration. Among other matters this report concludes the following: There is sufficient potential ground water resources for the intended use provided normal water conservation practices are followed; and The development will not aggravate any existing, or create any new, water supply problem. The report further indicates that water quality in the area is generally acceptable, with the exception of a relatively high incidence of elevated concentrations of iron and manganese, which is common in many areas of New Brunswick, and that treatment equipment is readily available within the financial means of most homeowners to resolve. NBDOE has indicated that there are wetlands on the subject property that must be registered for Environmental Impact Assessment prior to any final subdivision approval or development occurs. In discussing this matter with the surveying consultant approval has been granted by NBDOE to allow for the street preparation work that has undertaken to date. The consultant understands that NBDOE has conducted site inspections to ensure compliance. At this point it is unclear whether further approvals will be required with respect to the existing wetlands. While staff can recommend tentative approval of the proposed subdivision as submitted, the Development Officer cannot endorse any final subdivision plan until such time that written confirmation from both NB Departments of Public Health Services and Environment has been received regarding the provision of on -site services and the delineation of wetlands and watercourses. There is a possibility that such further approvals could result in revisions to the tentative subdivision plan. Depending on the nature of these changes further approval by the 356 Secord Subdivision Page 8 2377 Loch Lomond Road May 16, 2008 Planning Advisory Committee and Common Council could be necessary. The applicant has been made aware of this situation. Provision of Street Work and Facilities The Developer will be responsible to construct the proposed new streets to Country Road Standards, which involves an asphalt surface, ditching and overhead public utilities. No sidewalks or curbing is required. Future development towards the west would be provided by extending Abigail Place in Phase 2. It is understood that the landowner is negotiating the acquisition this immediately adjacent 14 hectare (35 acre) North Star Holdings Ltd. property. It is anticipated that Phase 2 would probably involve additional lots from this other property. The recommendation includes all the necessary assents and approvals for the proposed development. Included with the required City/Developer Subdivision Agreement will be detailed site and drainage plans for the approval of the Chief City Engineer. Part of the drainage system will involve a 6 metre (20 foot) wide drainage easement over proposed Lots 07 -07 & 07 -11. Land for Public Purposes The Subdivision By -law requires a Land for Public Purposes dedication of 1.21 hectares (4.32 acres) for the proposed subdivision of 18 lots. The proposal would dedicate approximately 2.18 hectares (5.39 acres) as Land for Public Purposes. The dedications would be situated mainly along watercourses running through the area. Should the application be approved as submitted, a LPP surplus of 0.97 hectares (2.40 acres) would be realized. However, as indicated on the tentative plan, the developer is seeking permission to acquire a 5185 square metre (55,813 square foot or 1.28 acre) portion of an existing LPP parcel at the end of Gibbon Avenue (see submitted tentative plan). This portion of the existing park dedication would be used to create the majority of proposed Lot 07 -01. If accepted this would reduce the LPP surplus to 0.45 hectares (1.11 acres). The Community Planning Act identifies LPP as land for the recreational or other use or enjoyment of the general public, including such as an access to a watercourse, a conservation area, an open space to afford a view to a watercourse, and to provide protection to a watercourse. The proposed tentative plan attempts to provide LPP dedications along two watercourses running through the area (see submitted tentative plan). Public access would be provided to these dedications. The proposed LPP dedications, including the request to acquire a portion of an existing LPP parcel, is in keeping with the intent for LPP dedication, and can be recommended for approval. It should be mentioned that the final subdivision plan will require any applicable watercourses and 357 Secord Subdivision Page 9 2377 Loch Lomond Road May 16, 2008 wetlands to be identified and the 30 metre (100 foot) associated buffer denoted with "this area is subject to the Clean Water Act — Regulation 90 -80. " Street Naming The requested new street names "Abigail PIace" and "Secord Street" have been reviewed and found acceptable. Therefore, it is recommended that the Planning Advisory Committee approves these names. Also included in the recommendation is for Common Council to rename an existing (undeveloped) public street "Don Avenue" to the new name "Secord Street" (see submitted tentative plan). CONCLUSION: The applicant is seeking permission to subdivide the subject property in order to develop 18 unserviced lots in phases. Most of the proposed lots can satisfy (or exceed) the "RR' One Family Rural Residential zone standards. The design of the subdivision is acceptable and considers the rolling topography of the area. The proposed Land for Public Purposes dedications would protect sensitive environmental areas. The requested variances are considered reasonable and have therefore been recommended for approval. All the necessary assents and approvals have been provided in the recommendation. As mentioned, further review and approval by NB Departments of Public Health Services and Environment may result in revisions to this design, which may have to be further considered by the Planning Advisory Committee and Common Council. M RO Project No. 08 -196 358 PLANNING AND DEVELOPMENT f URBANISME ET DEVELOPPiEMENT RS -1 RS -1 RS-1 y RS- yst R RS -1 I R ~� 3a ••t's - B•2 Subject Site 1 site en question: PID(s)1 NIP(s): 00326884 Location: 2377 Loch Lomond Rd. / ch. Loch Lomond Date: May / mai 4, 2008 Scale 1 echelle: Not to scale 1 Pas A I' (§chelle 359 K i Job _ S6 r9 i A O ih 4 � 3 0 June 3, 2009 Your Worship and Councillors: SUBJECT: Subdivision and Variance Application - 20 Dutch Garden Lane The Planning Advisory Committee considered the attached report at its June 2, 2009 meeting. Mr. Greg Stewart appeared to speak on behalf of the application and indicated that he was in agreement with the recommendation set out in the attached report. Mr. Steve Touchakis, of 65 Ashton Place, appeared with concerns regarding the development of the proposed lots, but indicated that he was not in opposition to the proposal provided that it would not increase the flooding on his property. After considering the attached report and presentations, the Committee adopted the recommendation as set out below. The Committee also approved the creation of proposed Lot 09 -02 on a private access (with conditions), and granted a variance to reduce the minimum required lot depth of proposed Lot 09 -02 from 30 metres to approximately 28.27 metres. RECOMMENDATION: That Common Council assent to any necessary public utility or municipal services easements for proposed Lot 09 -02. Respectfidly submitted, Stephen Horgan Chairman SH Project No. 09 -168 361 DATE: MAY 29, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING + PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 2, 2009 'Cw*aL�- S Herring, MC W, RPP Planner SUBJECT: Name of Applicant: Greg Stewart Name of Owner: Greg Stewart Location: 20 Dutch Garden Lane PID: 00299271 Municipal Plan: Low Density Residential Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To create a lot with access other than a public street. Type of Application: Subdivision on a private access and Variance to reduce the minimum required lot depth from 30 metres to approximately 28.27 metres for proposed Lot 09 -02. JURISDICTION OF COMMITTEE: The Subdivision By -law authorizes the Planning Advisory Committee to consider the creation of lots with access other than a public street. The Committee can impose conditions. SAINT JOHN P.O. Box 1971 Saint John, NB Canada Eli_ 411 www saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 r�� 362 Greg Stewart Page 2 20 Dutch Garden Lane May 29, 2009 The Community Planning Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That the Planning Advisory Committee approve the creation of proposed Lot 09 -02 on a private access, as generally shown on the attached Greg Stewart Tentative Subdivision Plan, on condition that: a. the developer notify buyers of the proposed lots, in writing, of their location within the Glen Falls Flood Risk Area and of the associated requirements for a flood risk development permit and compensatory flood storage; b, access to proposed Lots 09 -01 and 09 -02 be via Dutch Garden Lane provided that Dutch Garden Lane be developed and maintained to a standard acceptable to the Chief City Engineer or his designate; c. a legal right -of -way to proposed Lots 09 -01 and 09 -02 over Dutch Garden Lane be provided in the final plan of subdivision; 2. That the Planning Advisory Committee grant a variance to reduce the minimum required rear yard on proposed Lot 09 -02 from 30 metres to approximately 28.27 metres. 3. That Common Council assent to any necessary public utility or municipal services easements for proposed Lot 09 -02. BACKGROUND: The subject site was previously included in a proposal to construct a 2,800 square metre (30,000 square foot) commercial plaza with properties from 47 -55 Golden Grove Road. The Municipal Plan Amendment and Rezoning application for this proposal was recommended by staff and the Planning Advisory Committee, with a number of Section 39 conditions, but was denied by Common Council at Third Reading on June 23, 2008, INPUT FROM OTHER SOURCES: Municipal Operations and Engineering indicates that there are existing Municipal Services Easements on this parcel of land. Absolutely nothing can be built overtop of municipal infrastructure. This is a low -lying area prone to flooding from Marsh Creek and, as such, Building and Inspections Services should comment. There is existing 25mm copper water service on Dutch Garden Lame; however, the proposed new Lot 09 -01 must be serviced from Golden Grove Road and not from the 25mm copper line 363 Greg Stewart 20 Dutch Garden Lane Page 3 May 29, 2009 on Dutch Garden Lane. The private right -of -way must remain for proposed Lot 09 -02 and should be legally provided for in the proposed subdivision. Buildings and Inspection Services has no objection to the subdivision. Saint John Fire Department has no objection to this application provided that the private right -of -way is constructed and maintained to sustain the weight and turning requirements of fire apparatus and that the access road provides suitable emergency access during all seasons and weather. N.B. Department of Environment has been advised of this application Saint John Energy has overhead facilities in the area; however, an easement may be required to service the proposed lot. Any costs will be dealt with by the developer at a later date. Aliant has been advised of this application Rogers has been advised of this application. ANALYSIS: Subject Site and Neighbourhood The subject site is located on the north side of Golden Grove Road opposite the Exhibition Park Raceway on a private access known as Dutch Garden Lane. The site currently contains a single- family dwelling at the rear of the lot which is accessed via Dutch Garden Lane. The existing property at 20 Dutch Garden Lane is approximately 3,283 square metres (0.81 acres) in area, with approximately 28.35 metres (93 feet) of frontage on Golden Grove Road and approximately 115.94 metres (380 feet) of frontage on the private Dutch Garden Lane. The surrounding area contains a wide variety of uses, including the Exhibition Park Raceway, a strip mall and mini- storage complex, an auto body shop, a commercial car wash, the Three Mile bar complex, several warehouse /storage buildings and a mixture of single - family and two- family dwellings. As well, Marsh Creek is located less than 50 metres (164 feet) north of the subject site and the site is completely within the Glen Falls Flood Risk Area. Beyond Marsh Creek is the main part of the Glen Falls residential area. Proposal and By -law Requirements The applicant is proposing to subdivide the property at 20 Dutch Garden Lane to create two residential lots as generally shown on the attached Tentative Greg Stewart Subdivision Plan. The subject site is located in the "RS -2" One and Two Family Suburban Residential zone and the proposed lots satisfy most the minimum requirements of this zone; however, proposed Lot 09 -02 requires a variance to reduce the minimum required lot depth from 30 metres (98.4 feet) to approximately 28.27 metres (92.7 364 Greg Stewart Page 4 20 Dutch Garden Lane May 29, 2009 feet). Given the minor nature of this variance, a reduction of only 1.73 metres (5.7 feet) from the By- law requirement, its approval can be supported. Proposed Lot 09 -02 also requires the Planning Advisory Committee's approval to create a lot with access other than a public street. The Subdivision By -law requires that every lot, block or other parcel of land in a subdivision is to abut a public street owned by the City, but allows that other access (such as the private Dutch Garden Lane) may be approved by the Committee if it is considered advisable for the development of land. The Community Planning Act defines the term "abut" as "having access thereto directly" The request to vary the requirement for public access to a lot is more serious in nature, and requires consideration of the potential impacts on the City's public street network and the provision of services to the proposed lot. The City has, in many cases, approved private streets which are generally constructed to the same standards as public streets (i.e. asphalt surface and concrete curbing), but with narrower rights -of -way and driving surfaces. This type of private street is often used in townhouse projects in order to achieve a desirable cluster development. There are also a variety of "sub- standard" private accesses (ranging from hard - surfaced roadways with ditching to shared gravel driveways) which have long existed throughout the City. These accesses can present problems for both the City and the adjacent landowners, especially in situations where private maintenance agreements between landowners are not upheld. More importantly, sub - standard private accesses have the potential to delay the critical response of emergency services such as police, fire and ambulance. For example, roadways that are not constructed with a stable base may immobilize heavy - fire- fighting equipment and snowdrifts on improperly cleared accesses may require ambulance attendants to travel on foot to a patient in winter. As a result of these concerns, staff have generally not recommended the creation of sub - standard private rights -of -way as a means of access to new residential lots; however, staff have recommended and the Committee has approved the creation of additional lots on an existing private access and/or the extension of existing private accesses for new lots. Given that the subdivision currently proposed will only result in one additional dwelling on an existing private access, and that this new dwelling could be accessed from Golden Grove Road rather than Dutch Garden Lane if need be, the approval of proposed Lot 09 -02 on Dutch Garden Lane can be supported. The assent of Common Council to any required municipal services or public utility easements for the subdivision will also be required. Flood Risk Area The location of the subject site within the Glen Falls Flood Risk Area, less than 50 metres (164 feet) from Marsh Creek itself, also presents a concern for this application. While the Flood Risk Area By -law does not necessarily preclude any development from occurring on the site, it would subject any development to rigorous requirements with respect to alteration of land levels and construction of buildings. Essentially, the By -law requires a developer to accommodate the floodwater that would be displaced by a development by providing a "compensatory flood storage area" 365 Greg Stewart Page 5 20 Dutch Garden Lane May 29, 2009 capable of holding an equal or greater volume of floodwater. Compensatory flood storage areas can be located on the same site or on another property within the Flood Risk Area. There is also an option, subject to Council approval, of paying into a City fund for the development of flood control measures for the area as a whole when the provision of on -site compensatory storage is not possible. The applicant, who owns several parcels of land in this area, is presumably aware of the risks associated with developing in the flood plain and the requirements of the Flood Risk Area By -law. Should the Committee approve the requested subdivision, it is recommended the applicant be required to disclose, in writing, to potential purchasers of the proposed lots their location within the Glen Falls Flood Risk Area and of the associated requirements for a flood risk development permit and compensatory flood storage. CONCLUSION: Given that the proposed lots are located on a private access within the Glen Falls Flood Risk Area, staff are somewhat hesitant to recommend approval of the requested subdivision with access other than a public street. However, the existing nature of Dutch Garden Lane and the ability for proposed Lot 09 -01 to have access directly from Golden Grove Road if necessary makes the request more reasonable. In fact, it may be preferable for proposed Lot 09 -01 to utilize Dutch Garden Lane for access to minimize the number of driveways onto Golden Grove Road. Staff were also initially hesitant to recommend new residential development where a mixture of commercial and light industrial establishments seem to be spreading east from the Golden Grove Road/McAllister Drive intersection; however, Council's recent decision to deny the aforementioned commercial plaza at 47 -55 Golden Grove Road as well as a subsequent application for a similar commercial plaza at 43 -55 Golden Grove Road seems to indicate that Council would prefer that residential uses be retained, and perhaps increased, in this neighbourhood. Should the Planning Advisory Committee approve the requested subdivision and variance, it is recommended that conditions be placed on the site so that subsequent property owners are notified of the risks associated with the lots' proximity to Marsh Creek. SH Project No. 09 -168 .: PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT ~ II M We Holland ■ M � , t , ■ — �o ■y W " Y ■lilt , ' r " ru d$d St. , N . � N Y sour prtn�ss Ct. N ' 0 m >: E4 h g ,. C � r >. S — N a , 111 1N SZ8 R- 1B 11f + *I• +� B 2 i, +• - 1 „ ., a4gve,.� P N • +rl ,N +•, P I D (s) /NIP (s) : 00299271 Subject Site /site en question: Location: 20 Dutch Garden Lane Date: May 20, 2009 Scalelechelle: Not to scale /Pas a 1'echelle 367 I Id alp sliml*---num am -W:r sy\ 6 0 0 0 N r W J U z W y E Ep,2 mvv ul r9w v o N J r7JV) SON O _ 2L #"U 0) x o C L O U U •N� C m'��+(n ++ ON C'3 �'� N r NO O N v mph q'a a J m OtO� i O ..#d" T"u7 vr1 c t 0- �oa'� m o vs � °'°oto c moox o C _n�p) n 0 00 � - E ° � m a teV) Z p r 3U !I o r] oEc, o 1 —6— ..n N I � asd s C rm 'M ° C > a oa LJ U O �'L 'G y y C •«. V' L I L v E rnr v c m� F � fU off oya�i 0. p —:2 1 °o oar d7 �� `o ON O p C� Z � CA � S 4�r Gp •ti [S N O }d d ° opw o a P °ri J N'47+kZg _ �GeS i 5 e S N G'�O¢ M�ri�EpSy J'4o, n2 SeN oes � `° %P pw r �UnpEo5e2 p5' � a� � vo-� — I � i Npi ?�O. j P °}p2 325 so-a� 7:yd'N C!"t 9•aC 9 j P °� '`� 4ru•°c�.a� -, c+ YO to E4 a \ SeMcgs OIL a N N a i ` o. p° 2OG5g7 Z oG 5'% ?D N i °ti S° t1ce� Min f-osemeP� °n 2332 SAN in E w 0 GPR�EN tiOE I ��Z G�R9 tD 301999 O m ,o o c� p 57 to r $�N ct._ i v 03— a Np a mpN gc+ D P- �� m N m "iii y Mu E °yen', N P0rtQp537 �� m •c us y o K o � fi 2 °'n ) Q1an 2 rn E o r o � m.p -oNP 0- . u 0 m 3 O 'r 0 p��ci�lGto C4� ��Od\ U O o 1 v „�- �ON p.o'C 1 'G O- 11� � JUNE 10, 2009 MAYOR IVAN COURT AND MEMBERS OF COMMON COUNCIL. YOUR WORSHIP AND COUNCILLORS: Saint John Industrial Parks Ltd. 1-5 A " � il u ket Scju'ar;', Iodt floov, 110 Box 197 "w cad koim, New H21, 11, T (506) 659-4 18 1 (`-,06) 658-2183-7 wwwSaintJohnIndustrial.ca SUBJECT: ASSENT FOR MUNICIPAL SERVICES EASEMENTS AND PUBLIC UTILITY EASEMENTS BACKGROUND: Saint John Industrial Parks Ltd. continues to experience a growing demand for industrial land in its Parks. Recently the Company has reached agreements on two sales for which Public Utility Easements and Municipal Service Easements are required. The two sales are a 2.0 acre + parcel located along the McIlveen Drive Extension in McAllister Park and a 1.75 +/- acre parcel at the corner of White Rocks Road and Alloy Drive in the Spruce Lake Industrial Park. Public Utility Easements and Municipal Services Easements require the assent of council to vest. The purpose of this report is to secure Council's assent to vest the necessary easements as per the attached sketches. RECOMMENDATION: That Common Council assent to the vesting of a 5 metre +/- wide Pubic Utility Easement and a 7 metre +/- wide Municipal Services Easement along the frontage of Lot 09-1 as illustrated on the attached McAllister Industrial Park Subdivision Plan and further Assent to vesting of a 6 metre +/- wide Municipal Services Easement and 6 metre +/- wide Public Utility Easement as illustrated on the attached Business New Brunswick Tentative Subdivision Plan. Respectfully submitted, SAINT JOHN INDUSTRI RKsLTD. M a Brian Irving, General Iger 369 1 g ui 0 O rc ui ul R9 MA T�l Enp q�- R g i A /�9�o 7i cif Nh, \`�- ��IIN 1.G- -klk 11 z iL Z2 a �.w a o -28�Z Z .,X 21 .a9t.-R 'ol N�n�ol �MU 6: U z " z !z,M Q ro, Q F= z!] y -0 Y ;z Ep 0 F= a;- � 75 �° 13 za CL 6 z OW '0 < z c z CL' ,�M V) :D z z Rl R Z 00 CY Li 0 &M z $ Cf) cn 0 LO g R s<m 4d Z2 a �.w a o -28�Z Z .,X 21 .a9t.-R 'ol N�n�ol �MU 6: U z " z !z,M Q ro, Q F= z!] y -0 Y ;z Ep 0 F= a;- � 75 �° 13 za ROM OW '0 z c z ,�M Rl R 00 c z $ Im -Z z g R Z2 a �.w a o -28�Z Z .,X 21 .a9t.-R 'ol N�n�ol �MU 6: U z " z !z,M Q ro, Q F= z!] y -0 Y ;z Ep ROM OW 00 X�!b R i =C3 Om Z. Exz <Z u Zd o�g 16 r- W2X HP <X 0. ,z C) r— co Lu L ts -a 08 1 C-) d -.,I -ai LLJ 01 0 LLJ 0 S ID 0 n N 0 0 Ld lot; 0 z La f, Lo LL, Vm M W R 41 I U5 :a m2o 0 ZH ir R.'.- (A Ret Uz 5 4��j D M lei -z o nil glq- 0. R. zz. mHp, :xQ.1 I" a Ef) R F- F W4, z by I Z t . wm to 5 q cq ggag to (n o z 0 0 o ti Ch JOHN M. HENDERSON LAW OFFICE BARRISTER, SOLICITOR, NOTARY 40 Charlotte Street, Suite 410 Saint John, New Brunswick. Canada E2L 2H6 Telephone (506)652 -5502 Residence (506) 696 -5502 Fax (506) 634 -1795 JOHNM. HENDERSON, B.A., LEA June 9, 2009 DELIVERED VIA FAX: 674 -4214 DELIVERED VIA HAND CLERK OF THE COMMON COUNCIL City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Attention: Elizabeth Gormley Dear Madam: RE: Albert Brun — Building Certificate Application Please be advised that I represent Albert Brun with respect to an application for a building certificate which is scheduled to be presented to Common Council on the evening of the 22nd of June, 2009. time. I ask that 1 be allowed to make oral representations on behalf of my client at that Thank you for your attention. Yours very truly, JOHN M. HEN E SON LAW OFFICE JAn Z(H' en son JMHlcdb 372 Lily Lake Pavilion June 11, 2009 Mayor Ivan Court and Saint John City Councilors, Saint John City Hall, P.O. Box 1971, Saint John, N.B., E2L 4L1 Dear Mayor Court: On behalf of the Board of Directors of the Lily Lake Pavilion Inc., I am writing this letter requesting that the Saint John City Council hold an open Committee of the Whole Meeting at the Lily Lake Pavilion. In a preliminary discussion with the Common Clerk it has been suggested that Monday, July 27, 2009 would be an appropriate date. If this does not meet the wishes of the Council we would be open to another date. The purpose of this meeting would be to provide the Council and senior City Staff with an opportunity to view the completion of Phase I of the Rockwood Park Re- development Plan, review the Lily Lake Pavilion's Community Report and to receive a presentation on the proposed future direction of the Pavilion and Rockwood Park. We look forward to hosting the Council at this event and share with the councilors the exciting future of Rockwood Park. 55 Lake Drive South • PO Box 492 ■ Saint John • New Brunswick • Canada • E2L 328 Phone (506) 693 -5033 • Fax (506) 693 -9695 • Emai[ [Ip ®nb.aibn.com • Web lilylake.ca 373 Victor Titzgeraff 309 5Lontrea(Avenue, Saint jofiin, New Brunswicfi,_E2% 3x,5 TeL (506 ) 672 -5652 His Worship & Members ,... of Common Council City of Saint John P. O. 1971 Saint John, N. B. E21, 4L1 Dear Sir: June 2, 2009 RE: NATIONAL SENIOR LITTLE LEAGUE CHAMPIONSHIP We have been awarded the privilege to host the 2009 National Senior Little League Championship; for boys and girls between 13 and 16.. This is a Coast to Coast tournament. The tournament is being hosted by our city for the first time since 1993. It will take place at Memorial Field August 7th through 14th, 2009. The organizing committee has received both financial and material support from various levels of government. However, the largest support to date has come from the public corporate sector, and we need to enhance that support greatly. We need financial assistance from the City. Little League is unique in that it is financially responsible for every aspect of the participants' daily living from the time they leave their respective provinces until they return home on August 14th, 2009. The stakes are high for the players in that the winner does not go home, but rather leaves directly for the World Championship. 374 z As you can imagine, this is an expensive event to host. Any level of financial / material of sponsorship would be greatly appreciated. Little League has had a positive impacted on many of us over the last 50 plus years. With your assistance, we are hopeful that these participants will return home with the outlook that this was the "best ever" Senior Little League Tournament, and hold a very positive impression of our city and province. Your anticipated support is greatly appreciated. DEMMEM 0 :141.1 [cheques can be made payable to "Saint John Little League "] 375