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2007-01-29_Agenda Packet-Dossier de l'ordre du jour
City of Saint John Common Council Meeting Monday, January 29, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom 1.1 Nominating Committee 10.2(4)(b) 1.2 Freedom of the City (Tabled Nov. 20, 2006) 10.2(4)(b) 1.3 Land Negotiations 10.2(4)(d) 1.4 Land Negotiations 10.2(4)(d) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of January 15, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 NB Horticultural Trades Assoc. Request to Present (Recommendation: Refer to Clerk to schedule) 5.2 Dynamic Construction Ltd Invoice (Recommendation: Receive for information) 5.3 Expired Terms of Directors Saint John Industrial Parks (Recommendation: Refer to Nominating) 5.4 Saint John Community Loan Fund (Recommendation: Receive for information) 5.5 Public Hearing Date 130 -136 MacLaren Boulevard (Recommendation in Report) 5.6 Further Postponement Public Hearings (Saint John Energy)304 Westmorland Rd and Rear of 298 Westmorland Rd (Recommendation in Report) 5.7 Energy Feasibility Study Water and Wastewater Facilities (Recommendation in Report) 5.8 Amending Report Aquisition of Province of New Brunswick Lands (Recommendation in Report) 5.9 Easement Acquisition 725 Westmorland Road (Recommendation in Report) 5.10 Fundy Skateboard Assoc and Waterfront Development Request to Present (Recommendation: Refer to Clerk to Schedule) PDF created with pdfFactory trial version www.pdffactory.com 6. Members Comment 7. Proclamation 7.1 Proclamation February as Heart Month 8. Delegations / Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Public Hearing Proposed Rezoning By -law Amendment - 128 Millidge Avenue 9.1(b) Planning Advisory Committee Recommending Rezoning 128 Millidge Avenue 9.2(a) Public Hearing Proposed Zoning Bylaw Amendment - 7 -9 MacLaren Boulevard 9.2(b) Planning Advisory Committee Recommending Denial of Proposed Rezoning 7 -9 MacLaren Boulevard 9.2(c) Letter of Support Rezoning of MacLaren Boulevard 10. Consideration of By -laws 10.1(a) Uptown Saint John Inc. 2007 Budget 10.1(b) Third Reading Business Improvement Levy Bylaw 10.2(a) Third Reading Zoning Bylaw Amendment - 18 Northumberland Avenue 10.2(b) Section 39 Conditions 18 Northumberland Avenue 11. Submissions by Council Members 11.1 Financial Incentives for Rehabilitation of Historic Places (Deputy Mayor Hooton) 11.2 Heritage Budget 2007 (Deputy Mayor Hooton) 11.3 Decision of Pension Board to Sue Councillor Ferguson (Councillor Court) 11.4 Proposed Independent Inquiry - Pension Board Action (Councillor Ferguson) 11.5 Economic and Community Growth Task Force (Councillor Ferguson) 11.6 Simms Corner Reconstruction (Councillor Titus) 11.7 Poverty Reduction Strategy (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets 12.2 Saint John Water - 2006 Annual Water Report 12.3(a) Princess Street - Proposed Reconstruction Schedule 12.3(b)Hayward and Warwick re Princess St Upgrading 12.3(c) Uptown Saint John re Princess St Upgrading 12.4 Consultant Services - Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2005 and 2006 12.5 Public Hearing 150 Westmorland Withdrawal of Application 13. Committee Reports 13.1 Saint John Parking Commission Residential Street Parking in Southern Peninsula 13.2 City of Saint John Pension Board - Defamation Action 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment PDF created with pdfFactory trial version www.pdffactory.com City of Saint John Seance du conseil communal Le lundi 29 janvier 2007 Comit6 plenier 1. Ouverture de la s6ance 17 h Salle de con%rence du 8e 6tage 1.1 Comit6 des candidatures — alin6a 10.2(4)b) 1.2 Droit de cit6 — alin6a 10.2(4)b) (proposition present6e le 20 novembre 2006) 1.3 N6gociations relatives aux biens -fonds — alin6a 10.2(4)d) 1.4 N6gociations relatives aux biens -fonds — alin6a 10.2(4)d) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 18 h 30 Salle du conseil 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de la s6ance tenue le 15 janvier 2007 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'inOrets 5. Questions soumises a 1'approbation du conseil 5.1 Demande pr6sent6e par 1'Association des horticulteurs du Nouveau - Brunswick voulant se pr6senter devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fixee) 5.2 Facture revue de Dynamic Construction Ltd. (recommandation : accepter a titre informatif 5.3 Expiration des mandats des directeurs de Saint John Industrial Parks Inc. ( Parks industriels de Saint John) (recommandation : transmettre au Comit6 des candidatures) 5.4 Fonds d'emprunt communautaire de Saint John (recommandation : accepter a titre informatif 5.5 Date de la tenue dune audience publique relativement au 130 -136, boulevard MacLaren (recommandation figurant au rapport) 5.6 Nouveau report des audiences publiques (Saint John Energy) relatives au 304, chemin Westmorland et dune parcelle situ6e a 1'arriere du 298, chemin Westmorland (recommandation figurant au rapport) 5.7 Etude de faisabilit6 sur la consommation d'6nergie aux installations d'eau et d'6gouts (recommandation figurant au rapport) 5.8 Rapport modificateur relatif a 1'acquisition de biens -fonds appartenant a la province du Nouveau - Brunswick (recommandation figurant au rapport) 5.9 Acquisition d'emprises au 725, chemin Westmorland (recommandation figurant au rapport) PDF created with pdfFactory trial version www.pdffactory.com 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Le mois de f&vrier est le mois du cceur 8. D616gations et presentations 9. Audiences publiques 19h 9.1a) Audience publique relative au projet de modification de 1'Arret6 sur le zonage visant le 128, avenue Millidge 9. lb) Comit6 consultatif d'urbanisme recommandant le rezonage du bien -fonds situ6 au 128, avenue Millidge 9.2a) Audience publique relative au projet de modification de 1'Arret6 sur le zonage visant le 7 -9, boulevard MacLaren 9.2b) Comit6 consultatif d'urbanisme recommandant le rejet du projet de rezonage du bien -fonds situ6 au 7 -9, boulevard MacLaren 9.2c) Lettre d'appui visant le rezonage du boulevard MacLaren 10. Etude des arreOs municipaux 10.1a) Presentation du budget 2007 relatif a Uptown Saint John 10. lb) Troisieme lecture de 1'Arret6 intitul& « Arret6 concernant la taxe d'am6lioration des affaires » 10.2a) Troisieme lecture de la modification de 1'Arret6 sur le zonage visant le 18, avenue Northumberland 10.2b) Conditions impos6es par Particle 39 visant le 18, avenue Northumberland 11. Intervention des membres du conseil 11.1 Incitatifs financiers relatifs a la restauration des lieux patrimoniaux (mairesse suppl6ante Hooton) 11.2 Budget du patrimoine de 2007 (mairesse suppl6ante Hooton) 11.3 D6cision prise par la commission des pensions visant a poursuivre en justice le conseiller Ferguson (conseiller Court) 11.4 Enquete ind6pendante propos6e a 1'encontre de faction de la commission des pensions (conseiller Ferguson) 11.5 Groupe de travail sur la croissance 6conomique communautaire (conseiller Ferguson) 11.6 Travaux de r6fection au coin Simms (conseiller Titus) 11.7 Strat6gie relative a la r6duction de la pauvret6 (conseiller McGuire) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Budgets d'exploitation et d'immobilisations de 2007 relatifs au fonds du r6seau d'aqueduc et d'6gouts 12.2 Rapport annuel de 2006 relatif au r6seau d'aqueduc de Saint John 12.3a) Calendrier des travaux de r6fection propos6s sur la rue Princess 12.3b) Travaux de mise a niveau sur la rue Princess par Hayward and Warwick Ltd. 12.3c) Uptown Saint John relativement aux travaux de mise a niveau sur la rue Princess 12.4 Services consultatifs relatifs au b6ton asphaltique, aux b6tons de ciment Portland et a 1'6valuation et l'inspection des sols pour 2005 et 2006 12.5 Audience publique — Retrait de la demande de modification relative au 150, rue Westmorland PDF created with pdfFactory trial version www.pdffactory.com 13. Rapports de comites 13.1 Commission sur le stationnement de Saint John relativement au stationnement sur rue dans le quartier Southern Peninsula Commission des pensions de The City of Saint John relativement a la poursuite en diffamation 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. C16ture de la seance PDF created with pdfFactory trial version www.pdffactory.com 92 -642 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 15, 2007 - 5:00 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Building Inspections; A. Bodechon, Chief of Police; R. Simonds, Fire Chief, B Morrison, Commissioner of Leisure Services; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 15 JANVIER 2007 A 17 H Sont presents : Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; A. Bodechon, chef de police; R. Simonds, chef du service d'incendie; B. Morrison, commissaire aux services des loisirs; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe 1. Call To Order — Prayer Mayor McFarlane called the meeting to order and Reverend David Nicholson offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane et le pasteur David Nicholson recite la priere d'ouverture. 2 Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meetings of Common Council, held on December 18 & 19, 2006 and January 2, 2007, be approved. Question being taken, the motion was carried. 2 Approbation du proces- verbal Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que les proces - verbaux des reunions du conseil communal tenues les 18 et 19 decembre 2006 et le 2 janvier 2007 soient approuves. PDF created with pdfFactory trial version www.r)dffactory.com 92 -643 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 A I'issue du vote, la proposition est adoptee. 3 Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of item 10.4(c), Section 39 Conditions — 53 -75 Leinster Street. Question being taken, the motion was carried. 3 Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White QUE I'ordre du jour de la presente seance soit adopte, moyennant I'ajout du point 10.4c), relatif aux conditions imposees par I'article 39 visant le 53 -75, rue Leinster. A I'issue 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 the Saint John Board of Trade requesting to present to Council on a variety of issues be referred to the Clerk to schedule a presentation. 5.2 That the letter from Kids Help Phone requesting a financial contribution be referred to the City Manager. 5.3 That the letter from ONE Change requesting to present to Council be referred to the Clerk to schedule a presentation. 5.4 That the letter from the Planning Advisory Committee submitting names of individuals as members of the executive for the year 2007 be received for information. 5.5. That the submitted documentation representing Target Investment Levels by the General Fund and the Water and Sewer Utility for the years 2006 through 2011 be adopted, and that the listing of specific projects and supporting documentation for the years 2005 to 2009 which funding is being sought under the Provincial /Federal Gas Tax be approved. On motion of Councillor Titus Seconded by Deputy Mayor Hooton 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 de demande regue de la Chambre de commerce de Saint John, voulant presenter au conseil diverses questions, soit transmise au greffier pour qu'il fixe une date de presentation. 5.2 RESOLU que la lettre de demande de subvention regue de Jeunesse J'ecoute soit transmise au directeur general. 5.3 RESOLU que la lettre regue de I'organisme ONE Change, voulant se presenter au conseil, soit transmise au greffier aux fins d'inscription de ladite presentation a I'ordre du jour. PDF created with pdfFactory trial version www.pdffactory.com 92 -644 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 5.4 RESOLU que la lettre presentee par le Comite consultatif d'urbanisme suggerant certaines personnes pour sieger au comite executif pendant I'annee 2007, soit acceptee a titre informatif. 5.5. RESOLU que la documentation soumise faisant etat des niveaux cibles d'investissement du fonds d'administration et du reseau d'aqueduc et d'egouts, de 2006 a 2011, soit approuvee, et que la liste de projets precis, et la documentation a I'appui, couvrant les annees 2005 a 2009 pour lesquels des sommes ont ete demandees dans le cadre du programme federal de la taxe sur 1'essence, soient approuvees. Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que la recommandation de chaque point de I'ordre du jour necessitant I'approbation du conseil soit adoptee. A I'issue du vote, la proposition est adoptee 12.1 Proposed 2007 Operating and Capital Budgets: General Fund The City Manager reviewed his submitted report outlining the proposed 2007 Operating and Capital Budgets: General Fund, and requested Council's support for the recommendations contained in the report. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the sum of $112,041,669 be the total Operating Fund Budget of the City of Saint John for 2007 as detailed in the submitted Appendix A, and RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 2007 be adopted in the amount of $84,246,996., and RESOLVED that Common Council orders and directs the levying of $1.795 per hundred dollars of assessment by the Minister of Local Government on real property liable to taxation under the Assessment Act within the City, and RESOLVED that Common Council approve a 2007 Capital Budget amounting to $40,385,504. of which not more than $29,450,504. shall be financed by the issuance of debentures, as detailed in the submitted Appendix B, and RESOLVED that Common Council approve the 2007 Establishment as found in Appendix D, and RESOLVED that Common Council approve the 2007 Management Professional Pay Scale as found in Appendix E. Councillor Ferguson proposed an amendment to the motion which was seconded by Councillor Farren that Common Council not approve any supplementary going concern payment to the Pension Plan, other than the January, 2007 payment, until the results of the December 31, 2006 valuation is presented to Council and to the Province of New Brunswick. The City Manager advised Council that the City has received an order from the Superintendent of Pensions that legally requires payments to be made, and the City Manager further advised Council that payments should be made according to the order. Question being taken on the amendment, the motion was defeated, with the Mayor, Deputy Mayor and all Councillors voting nay with the exception of the mover and seconder. Councillor Chase proposed an amendment to the motion which was seconded by Councillor Ferguson to reduce the amount of the increase in the Management Pay Scale to equal the amount of the Consumer Price Index. PDF created with pdfFactory trial version www.pdffactory.com 92 -645 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 Question being taken on the amendment, the motion was defeated, with the Mayor, Deputy Mayor and all Councillors voting nay with the exception of the mover and seconder. Question being taken on the main motion, it was carried, with Councillors Chase and Ferguson voting nay. Councillor Ferguson gave notice of a motion which he intends to present at the next meeting of Council as follows: "That Common Council call for an independent inquiry into the Pension Board's conduct to hire a lawyer to silence opposition." 12.1 Budgets d'exploitation et d'immobilisations proposes de 2007 : fonds d'administration Le directeur general fait le compte rendu de son rapport presente anterieurement sur les budgets d'exploitation et d'immobilisations proposes pour 2007, a meme le fonds d'administration, et demande au conseil d'appuyer les recommandations qui y sont formulees. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le total des fonds prevus au budget d'exploitation de The City of Saint John s'eleve a 112 041 669 $ pour l'annee 2007, tel que l'indique I'annexe « A » presentee; RESOLU que 1'estimation des sommes devant titre prelevees sur 1'evaluation des biens reels dans la ville assujettis a l'impot en vertu de la Loi surl'evaluation pour I'an 2007, soit adoptee au montant de 84 246 996 $; QUE le conseil communal ordonne et decrete le prelevement de 1,795 $ par tranche de 100 $ d'evaluation par le ministre de I'Environnement et des Gouvernements locaux sur les biens reels dans la ville assujettis a l'impot en vertu de la Loi sur 1'evaluation; RESOLU que le conseil communal approuve le budget d'immobilisations de 2007 etabli au montant de 40 385 504 $ dont la somme financee par 1'emission de debentures ne peut depasser 29 450 504 $, conformement a ('Annexe « B » presentee; RESOLU que le conseil communal approuve le bilan de 2007 tel qu'il est presente a ('Annexe « D »; RESOLU que le conseil communal approuve 1'echelle de remuneration des cadres, membres des professions liberales, telle qu'elle est etablie a ('Annexe « E » presentee. Le conseiller Ferguson propose une modification a la proposition, appuyee par le conseiller Farren, voulant que le conseil communal refuse d'approuver de fagon permanente, tout paiement supplementaire verse a la caisse de retraite, autre que celui de janvier 2007, avant que les resultats de 1'evaluation du 31 decembre 2006 soient presentes au conseil et a la province du Nouveau - Brunswick. Le directeur general annonce au conseil qu'il a regu une ordonnance du Surintendant des pensions selon laquelle la Ville est legalement tenue d'effectuer des paiements et affirme devant le conseil que ces paiements doivent titre verses conformement a ladite ordonnance. RESOLU que la proposition soit rejetee, a ('issue du vote sur la modification. Le maire, la mairesse suppleante Hooton et tous les conseillers votent contre la proposition, a 1'exception de I'auteur et de l'appuyeur. Le conseiller Chase propose une modification a la proposition, appuyee par le conseiller Ferguson, visant a reduire le montant d'augmentation de 1'echelle de remuneration des cadres afin de refleter le montant precise a l'indice des prix a la consommation. A ('issue du vote sur la modification, la proposition est rejetee. Le maire, PDF created with pdfFactory trial version www.pdffactory.com 92 -646 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 la mairesse suppleante Hooton et tous les conseillers votent contre la proposition, a 1'exception de I'auteur et de l'appuyeur. A ('issue du vote, la proposition principale est acceptee. Les conseillers Chase et Ferguson votent contre la proposition. Le conseiller Ferguson presente un avis de motion qu'il a ('intention de proposer a la prochaine seance du conseil, a savoir : « Que le conseil communal procede a une enquete independante pour examiner les demarches entreprises par la commission des pensions visant a engager les services d'un avocat pour faire taire ('opposition. 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. Proclamation 8. Delegations /Presentations 8. Delegations et presentations 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -law Amendment - 18 Northumberland Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land having an area of approximately 620 square metres, located at 18 Northumberland Avenue, also identified as being PID Number 00321943, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification to recognize an existing three - family dwelling as a permitted use as requested by John McLean, with no written objections received. 9.1(b) Planning Advisory Committee - Rezoning of 18 Northumberland Avenue Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its January 9, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone the above mentioned parcel of land 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 favour of the re- zoning with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land having an area of approximately 620 square metres, located at 18 Northumberland Avenue, also identified as being PID Number 00321943, from "R -2" One and Two Family Residential to "R -4" Four Family 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 Zoning By -law of The City of Saint John ". On motion of Deputy Mayor Hooton PDF created with pdfFactory trial version www.pdffactory.com 92 -647 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land having an area of approximately 620 square metres, located at 18 Northumberland Avenue, also identified as being PID Number 00321943, from "R -2" One and Two Family Residential to "R -4" Four Family 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 Zoning By -law of The City of Saint John ". 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete sur le zonage relatif au 18, avenue Northumberland Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 18, avenue Northumberland, d'une superficie approximative de 620 metres carres et inscrite sous le NID 00321943, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », en vue de reconnaiire une habitation existante a trois logements a titre d'usage permis, a la demande de John McLean, et qu'aucune objection ecrite n'a ete reque a cet egard. 9.1b) Comite consultatif d'urbanisme recommandant le rezonage du bien -fonds situe au 18, avenue Northumberland 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 reunion du 9 janvier 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du personnel du service d'urbanisme, voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee, sous reserve des conditions imposees par I'article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 620 metres carres, situee au 18, avenue Northumerland et portant le NID 00321943, afin de faire passer la classification de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 620 metres carres, situee au 18, avenue Northumerland et portant le NID 00321943, afin de faire passer la classification de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. PDF created with pdfFactory trial version www.r)dffactory.com 92 -648 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». 10. Consideration of By -laws 10.1 Public Presentation Proposed Municipal Plan and Zoning By -law Amendment - 40 Mountain View Drive A Public Presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A, the Future Land Use Plan, from Low Density Residential to Business Park classification, a parcel of land with an area of approximately 2.33 hectares, located at 40 Mountain View Drive, also identified as being PID Numbers 00313429 and 00426452 to permit re- zoning of the land from "RS -2" One and Two Family Suburban Residential to "BP" Business Park classification, and subsequent development of a building for the assembly of heating products, and related office uses. 10. Etude des arretes municipaux 10.1 Presentation publique du projet de modification du plan municipal et de I'arrete sur le zonage visant le 40, promenade Mountain View 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 d'amenagement futur des terres, d'une parcelle de terrain d'une superficie approximative de 2,33 hectares, situee au 40, promenade Mountain View et portant les NID 00313429 et 00426452, de zone residentielle de faible densite a zone de parc commercial en vue de permettre le rezonage du terrain, et a la reclassification de la zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de parc commercial « BP », et a I'amenagement d'un immeuble destine a I'assemblage de produits de chauffage et aux bureaux connexes. 10.2(a) Uptown Saint John 2007 Budget 10.2(b)Business Improvement Area Levy for 2007 Consideration was given to a submitted letter from Uptown Saint John, and a submitted report from the City Solicitor on the issue of Uptown Saint John's 2007 budget, BIA levy and the proposed boundary expansion areas. On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that Common Council direct Uptown Saint John to convene a general meeting to consider its 2007 budget, and report back to Council. Question being taken, the motion was carried, with Councillor Titus voting nay. 10.2(c) Business Improvement Levy By -law Amendment On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ", be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ". On motion of Deputy Mayor Hooton PDF created with pdfFactory trial version www.pdffactory.com 92 -649 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ", be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ". On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that item 12.6, Amending Condition of Sale Development of Single Family Dwelling — Corner of Millidge Avenue and Somerset Street be brought forward at this time. Question being taken, the motion was carried. 10.2a) Presentation du budget de 2007 de Uptown Saint John 10.2b) Taxe sur la zone d'amelioration des affaires pour 2007 Examen d'une lettre reque de Uptown Saint John et un rapport presente par I'avocat municipal relatifs au budget de 2007 de Uptown Saint John, a la taxe sur la zone d'amelioration des affaires et aux zones visees par le prolongement des limites. Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que le conseil communal charge Uptown Saint John de convoquer une assemblee generale afin d'examiner son budget de 2007 et de faire ensuite un compte rendu au conseil. A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 10.2c) Projet de modification de I'arrete sur la taxe d'amelioration des affaires Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no BIA -2, modifiant I'arrete concernant la taxe d'amelioration des affaires » fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete no BIA -2, modifiant I'arrete concernant la taxe d'amelioration des affaires ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no BIA -2, modifiant I'arrete concernant la taxe d'amelioration des affaires » fasse I'objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete no BIA -2, modifiant 1'arrete concernant la taxe d'amelioration des affaires ». Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que le point 12.6, modification des conditions de vente afferentes a I'amenagement d'une habitation unifamiliale situee au coin de I'avenue Millidge et de la rue Somerset, soit examine des maintenant. A I'issue du vote, la proposition est adoptee. PDF created with pdfFactory trial version www.pdffactory.com 92 -650 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 12.6 Amending Condition of Sale Development of Single Family Dwelling Corner of Millidge Avenue and Somerset Street On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED, that as recommended by the City Manager: 1. The City of Saint John release condition "2c" contained in the M & C 2006 -92 dated April 20, 2006 and adopted by Council on April 26, 2006; thereby removing a restrictive covenant limiting the development of this property to a single family dwelling which is found in Schedule "D" of the Transfer, upon payment of $2,400. plus H.S.T. (if applicable). 2. Common Council amend condition "2d" contained in the M & C 2006 -92 dated April 20, 2006 and adopted by Council on April 26, 2006 by, replacing it with, "if construction of a multi -unit dwelling, including the foundation for the building, has not commenced within 10 months of the transfer of the property to 600608 N. B. Ltd., the City has an option to repurchase the subject property within 90 days of the City giving written notice to the purchaser and that the repurchase of the said property shall be for $3,500., and 3. the Mayor and Common Clerk be authorized to sign any necessary documents required to finalize this transaction. Question being taken, the motion was carried. 12.6 Modification des conditions de vente afferentes a I'amenagement d'une habitation unifamiliale situee au coin de I'avenue Millidge et de la rue Somerset Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general : 1. The City of Saint John deroge a la condition « 2c » stipulee au contrat no MC 2006 -92 date du 20 avril 2006 et approuve par le conseil le 26 avril 2006, par la suppression de la clause restrictive limitant I'amenagement d'une habitation unifamiliale sur ladite propriete, prevue a I'annexe « D » de I'acte de transfert, sous reserve du paiement de 2 400 $, TVH en sus (le cas echeant); 2. le conseil communal modifie la condition « 2d » stipulee au contrat no MC 2006 -92, date du 20 avril 2006 et adopte par le conseil le 26 avril 2006, en la remplagant par le libelle « ...si les travaux de construction d'un immeuble a logements multiples, y compris la fondation du batiment, n'ont pas ete entames dans un delai de 10 mois suivant le transfert de la propriete a 600608 N. -B. Ltee, la Ville aura ('option de reacquerir la propriete susmentionnee dans les 90 jours de la transmission d'un preavis ecrit par la Ville a I'acheteur, et le montant de la reacquisition de ladite propriete se chiffrera a 3500$»; 3. le maire et le greffier communal soient autorises a signer toute documentation exigee afin de conclure ladite transaction. A ('issue du vote, la proposition est adoptee. 10.3 Third Reading Zoning By -law Amendment - 1000 Somerset Street On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -30, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 1000 Somerset Street, with an area of approximately 8240 square metres, also identified as being PID Number 00047381, from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential classification, be read. Question being taken, the motion was carried. PDF created with pdfFactory trial version www.pdffactory.com 92 -651 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 The by -law entitled, "By -law Number C.P. 110 -30, a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -30, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 1000 Somerset Street, with an area of approximately 8240 square metres, also identified as being PID Number 00047381, from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -30, a Law to Amend the Zoning By -law of The City of Saint John ". 10.3 Troisieme lecture de la modification de I'arrete sur le zonage visant le 1000, rue Somerset Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete no C.P. 110- 30 modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 8 240 metres carres, situee au 1000, rue Somerset et inscrite sous le NID 00047381, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle d'immeubles a logements multiples de trois etages « RM -1 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -30 modifiant I'Arrete sur le zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C.P. 110- 30 modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 8 240 metres carres, situee au 1000, rue Somerset et inscrite sous le NID 00047381, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle d'immeubles a logements multiples de trois etages « RM -1 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -30 modifiant 1'arrete sur le zonage de The City of Saint John ». 10.4(a)Leinster Street Rezoning (The Mayor and Councillor White withdrew from the meeting as they were not present for the Public Hearing on this proposed re- zoning, and the Deputy Mayor took the chair.) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report from the City Manager updating Council on the meeting between the applicant for the proposed re- zoning at 53- 75 Leinster Street, City Staff and opponents of the project, be received for information. During remarks made by the City Solicitor confirming the City Manager's statement that there were no real or contingent liabilities that would accrue to the City as a result of the activities of Saint John Non Profit Housing, Councillor Ferguson raised a point of PDF created with pdfFactory trial version www.pdffactory.com 92 -652 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 privilege saying that his comments made at the last meeting referred to the possibility of a financial consequence to the City. The City Solicitor advised that what was read at the last Council meeting was clearly language that would purport to impose upon the City of Saint John responsibility for obligations of Saint John Non Profit Housing, adding that this was the case in the mid 1980's, but that it is not the case today. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Tait RESOLVED that the proposed re- zoning of a parcel of land located at 53 -75 Leinster Street, be lifted from the table. Question being taken, the motion was carried, 10.4(b)Third Reading Zoning By -law Amendment - 53 -75 Leinster Street On motion of Councillor Titus Seconded by Councillor Tait RESOLVED that the by -law entitled, "By -law Number C.P. 110 -29, A Law to Amend the Zoning By -law of The City of Saint John ", amended by adding "special zone SZ #21 ", its uses and standards, and re- zoning a parcel of land located at 53 -75 Leinster Street, having an area of approximately 2770 square metres, also identified as being PID Numbers 00009431 and 55059992, from "B- 2" General Business to "SZ -21" Special Zone #21 classification with Section 39 Conditions, be read. Councillor Farren stated that he believed there was a lack of communication during the process. Question being taken, the motion was carried, with Councillor Farren voting nay. The by -law entitled, "By -law Number C.P. 110 -29, A Law to Amend the Zoning By -law of The City of Saint John" was read in its entirety. 10.4(c)Section 39 Conditions - 53 -75 Leinster Street 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 development of a parcel of land having an area of approximately 2770 square metres, located at 53 -75 Leinster Street, also identified as being PID Numbers 00009431 and 55059992, with a multiple dwelling be subject to the following conditions: a) use of the site is limited to the proposed four - storey apartment building having a maximum of 52 dwelling units; b) the building location, height, massing and significant features of the building (e.g. window and door locations), as well as the location and layout of the proposed parking facilities, shall be generally in accordance with the submitted site plan and building elevation plans prepared by B.A. Roma Architect Limited and dated November 28, 2006; c) the exterior fagade of the proposed building must be constructed of a combination of brick, cultured stone and fibre cement siding, and architectural details must be in accordance with architectural plans approved by the Development Officer to ensure compatibility with the surrounding buildings along the adjacent portion of Leinster Street; d) parking for the apartment building shall be provided at a minimum rate of one space per dwelling unit; and further that, upon the rezoning, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. PDF created with pdfFactory trial version www.pdffactory.com 92 -653 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 Councillor Chase proposed an amendment to the motion, which was seconded by Councillor Court to add two more conditions dealing with a fence, retaining walls, and pedestrian access under (e), and (f) to the list of Section 39 conditions. Question being taken on the amendment, the motion was carried, with Councillor Titus voting nay. 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 development of a parcel of land having an area of approximately 2770 square metres, located at 53 -75 Leinster Street, also identified as being PID Numbers 00009431 and 55059992, with a multiple dwelling be subject to the following conditions: a) use of the site is limited to the proposed four - storey apartment building having a maximum of 52 dwelling units; b) the building location, height, massing and significant features of the building (e.g. window and door locations), as well as the location and layout of the proposed parking facilities, shall be generally in accordance with the submitted site plan and building elevation plans prepared by B.A. Roma Architect Limited and dated November 28, 2006; c) the exterior fagade of the proposed building must be constructed of a combination of brick, cultured stone and fibre cement siding, and architectural details must be in accordance with architectural plans approved by the Development Officer to ensure compatibility with the surrounding buildings along the adjacent portion of Leinster Street; d) parking for the apartment building shall be provided at a minimum rate of one space per dwelling unit; e) a fence and retaining walls be maintained by the applicant between the subject site and the adjacent residential zoned properties in a manner set out in detailed plans prepared by the applicant and approved by the Development Officer; f) a right -of -way be granted by the applicant to the residential zoned properties adjacent to the subject site so that individuals can walk from Carmarthan Street within 3 metres of the north property line of the subject site to the rear yard of the adjacent residential zoned properties, and further that, upon the rezoning, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions; Question being taken on the main motion as amended, it was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number C.P. 110 -29, A Law to Amend the Zoning By -law of The City of Saint John ", amended by adding "special zone SZ #21 ", its uses and standards, and re- zoning a parcel of land located at 53 -75 Leinster Street, having an area of approximately 2770 square metres, also identified as being PID Numbers 00009431 and 55059992, from "B- 2" General Business to "SZ -21" Special Zone #21 classification with Section 39 Conditions, 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 -29, A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that Council recess for two minutes. Question being taken, the motion was carried PDF created with pdfFactory trial version www.pdffactory.com 92 -654 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 (After a two minute recess, the Mayor re- entered the meeting and took the Chair, and Councillor White re- entered the meeting.) (Councillor Chang withdrew from the meeting.) 10.4a) Rezonage de la rue Leinster (Le maire et le conseiller White quittent la seance puisqu'ils etaient absents lors de I'audience publique relative au projet de rezonage et la mairesse suppleante assume la presidence.) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport de mise a jour presente par le directeur general relatif a la reunion tenue entre le demandeur du rezonage visant le 53 -75, rue Leinster, les employes municipaux et les parties s'opposant au projet, soit accepte a titre informatif. Au cours des remarques exprimees par l'avocat municipal confirmant 1'enonce formule par le directeur general, a savoir que la Ville n'accepte aucune responsabilite reelle ni contingente resultant des activites entreprises par Saint John Non Profit Housing (logement a but non lucratif), le conseiller Ferguson souleve une question de privilege et indique que les commentaires qu'il a presentes lors de la derniere seance ne soulevaient qu'une possibilite que la Ville soit touchee par certaines consequences financieres. L'avocat municipal affirme que le libelle prononce au cours de la derniere seance du conseil exprime clairement que The City of Saint John serait tenue responsable des obligations de Saint John Non Profit Housing, et ajoute que c'etait effectivement la pratique au milieu des annees 1980, mais que ce n'est plus le cas a I'heure actuelle. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Tait RESOLU que le projet de rezonage d'une parcelle de terrain situee au 53 -75, rue Leinster, soit examine des maintenant. A ('issue du vote, la proposition est adoptee. 10.4b) Troisieme lecture du projet de modification de I'arrete sur le zonage relatif au 53 -75, rue Leinster Proposition du conseiller Titus Appuyee par le conseiller Tait RESOLU que 1'arrete intitule « Arrete no C.P. 110- 29, modifiant I'arrete sur le zonage de The City of Saint John » modifie par l'ajout de la zone speciale no SZ -21, ainsi que les usages et les normes connexes, et le rezonage d'une parcelle de terrain d'une superficie d'environ 2 770 metres carres, situee au 53- 75, rue Leinster et portant les NID 00009431 et 55059992, en vue de faire passer la classification de zone commerciale generale « B -2 » a zone speciale no 21 « SZ -21 », sous reserve des conditions imposees par I'article 39, fasse ('objet d'une lecture. Le conseiller Farren indique qu'a son sens it y a eu un manque de communication au cours du processus. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. L'arrete intitule « Arrete no C.P. 110 -29 modifiant 1'arrete sur le zonage de The City of Saint John » est lu integralement. PDF created with pdfFactory trial version www.r)dffactory.com 92 -655 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 10.4c) Modification proposee aux conditions imposees par I'article 39 visant le terrain siue au 53 -75, rue Leinster Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surl'urbanisme, le projet d'amenagement d'un immeuble a logements multiples sur une parcelle de terrain d'une superficie approximative de 2 700 metres carres, situee au 53 -75, rue Leinster et portant les NID 00009431 et 55059992, soit assujetti aux conditions suivantes : a) ('usage du terrain se limite a ('immeuble de logements de quatre etages propose ayant un nombre maximal de 52 logements; b) 1'emplacement de ('immeuble, la hauteur, la masse et les caracteristiques importantes (p. ex. la position des fenetres et des portes), ainsi que 1'emplacement et la disposition de I'aire de stationnement, doivent titre generalement conformes aux plans de situation et d'elevation presentes, dresses par B.A. Roma Architect Limited et dates du 28 novembre 2006; c) la fagade exterieure de ('immeuble propose doit titre construite avec un melange de briques, de pierres synthetiques et de parements de fibrociment et les caracteristiques architecturales doivent titre conformes aux dessins architecturaux approuves par I'agent d'amenagement afin d'assurer la compatibilite avec les immeubles avoisinants longeant la partie adjacente de la rue Leinster; d) I'aire de stationnement de ('immeuble doit comprendre au moins un emplacement par logement; a la suite du rezonage dudit secteur, le terrain et les batiments et constructions qui s'y trouvent seront amenages et utilises conformement a la proposition et aux conditions ci- jointes. Le conseiller Chase propose d'apporter une modification a la motion, appuyee par le conseiller Court, visant a ajouter deux conditions supplementaires a la liste des conditions imposees par I'article 39, notamment une cloture, des murs de soutenement et un acces pietonnier, aux dispositions numerotees e) et f). A ('issue du vote relatif a la modification, la proposition est acceptee. Le conseiller Titus vote contre la proposition. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surl'urbanisme, le projet d'amenagement d'un immeuble a logements multiples sur une parcelle de terrain d'une superficie approximative de 2 700 metres carres, situee au 53 -75, rue Leinster et portant les NID 00009431 et 55059992, soit assujetti aux conditions suivantes : a) ('usage du terrain se limite a ('immeuble de logements de quatre etages propose ayant un nombre maximal de 52 logements; b) 1'emplacement de ('immeuble, la hauteur, la masse et les caracteristiques importantes (p. ex. la position des fenetres et des portes), ainsi que 1'emplacement et la disposition de I'aire de stationnement, doivent titre generalement conformes aux plans de situation et d'elevation presentes, dresses par B.A. Roma Architect Limited et dates du 28 novembre 2006; c) la fagade exterieure de ('immeuble propose doit titre construite avec un melange de briques, de pierres synthetiques et de parements de fibrociment et les caracteristiques architecturales doivent titre conformes aux dessins architecturaux approuves par I'agent d'amenagement afin d'assurer la compatibilite avec les immeubles avoisinants longeant la partie adjacente de la rue Leinster; d) I'aire de stationnement de ('immeuble doit comprendre au moins un emplacement par logement; PDF created with pdfFactory trial version www.pdffactory.com 92 -656 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 e) le demandeur doit eriger et entretenir une cloture et des murs de soutenement entre 1'emplacement susmentionne et les proprietes adjacentes dans la zone residentielle conformement aux plans detailles dresses par le demandeur et approuves par I'agent d'amenagement; f) un droit de passage doit titre cede par le demandeur en direction des proprietes adjacentes dans la zone residentielle afin que les personnes puissent marcher depuis la rue Carmarthan, une distance de moins de trois metres de la limite nord du terrain de 1'emplacement en question, jusqu'a la cour arriere des proprietes situees dans la zone residentielle; a la suite du rezonage dudit secteur, le terrain et les batiments et constructions qui s'y trouvent seront amenages et utilises conformement a la proposition et aux conditions stipulees. A ('issue du vote, la proposition principale, telle que modifiee, est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no C.P. 110- 29, modifiant 1'arrete sur le zonage de The City of Saint John » modifie par I'ajout de la zone speciale no SZ -21, ainsi que les usages et les normes connexes, et le rezonage d'une parcelle de terrain d'une superficie d'environ 2 770 metres carres, situee au 53- 75, rue Leinster et portant les NID 00009431 et 55059992, en vue de faire passer la classification de zone commerciale generale « B -2 » a zone speciale no 21 « SZ -21 », sous reserve des conditions imposees par I'article 39, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -29 modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que le conseil communal suspende la seance pour une duree de deux minutes. A ('issue du vote, la proposition est adoptee. (A la suite d'une suspension de deux minutes, le maire et le conseiller White sont de nouveau presents a la seance et le maire assume la presidence.) (Le conseiller Chang quitte la reunion.) 11. Submissions by Council Members 11.1 Meetings Ottawa /Fredericton On motion of Councillor Titus Seconded by Councillor White RESOLVED that the City Manager be directed to prepare an action plan in consultation with Council regarding outstanding issues in the community, and further request the Mayor's office to make the required meeting arrangements with the other levels of government as soon as possible. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Reunions a Ottawa et a Fredericton Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que le directeur general soit charge de rediger un plan d'action en collaboration avec le conseil visant les questions non PDF created with pdfFactory trial version www.r)dffactory.com 92 -657 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 resolues au sein de la collectivite et de s'assurer que le bureau du maire fixe des rendez -vous avec les autres paliers gouvernementaux des que possible. A I'issue du vote, la proposition est adoptee. 11.2 Residential Street Parking on Southern Peninsula On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that this item be referred to the Parking Commission and that the Parking Commission provide a report for Council on residential street parking on the Southern Peninsula for the next open session of Council. Question being taken, the motion was carried. 11.2 Stationnement sur rue dans le secteur residentiel de la peninsule Southern Peninsula Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que le present point soit soumis a la Commission sur le stationnement pour qu'elle fasse un compte rendu sur le stationnement sur rue dans le secteur residentiel de la peninsule Southern Peninsula, au membres du conseil au cours de la prochaine seance publique. A I'issue du vote, la proposition est adoptee. 11.3 Proposed Pesticide Use By -law On motion of Councillor White Seconded by Councillor Titus RESOLVED that the information regarding the Landscape and Lawn Care Information Seminar be referred to the City Manager, and that appropriate staff be directed to attend this event to acquire information that could be valuable to the City as we pursue action on this issue. And further, that members of Council who are interested also attend the event. Question being taken, the motion was carried. 11.3 Arrete propose relatif a ('utilisation de pesticides Proposition du conseiller White Appuyee par le conseiller Titus RESOLU que ('information relative au colloque sur 1'entretien des amenagements paysagers et des pelouses soit transmise au directeur general et que les employes adequats soient charges d'assister a ce colloque afin d'acquerir des connaissances utiles pour permettre a la Ville d'agir en la matiere. De plus, que les membres du conseil qui s'y interessent assistent egalement a cette reunion. A I'issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.2 Sprinkler System Replacement - City Market On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, the proposal submitted by Viking Fire Protection Inc. in the amount of $236,673. plus tax, for the supply of all labour, materials, equipment as required for the removal and disposal of the dry sprinkler systems and replacement with a wet sprinkler system at the City Market, be accepted. PDF created with pdfFactory trial version www.pdffactory.com 92 -658 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 Question being taken, the motion was carried. 12.2 Remplacement du systeme d'extinction au marche municipal Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, la soumission presentee par 1'entreprise Viking Fire Protection Inc., au montant de 236 673 $, TVH en sus, relativement a I'approvisionnement de la totalite de la main - d'oeuvre, du materiel et de 1'equipement necessaires afin d'effectuer le retrait et la mise au rebut du systeme d'extinction seche et de son remplacement par un systeme d'extinction sous eau, au marche municipal, soit acceptee. A I'issue du vote, la proposition est adoptee. 12.3 Design and Construction Management - Reversing Falls Bridge Watermain Replacement On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the proposal of CBCL Limited for engineering services (design and construction management) for the Reversing Falls Bridge Watermain Replacement project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 12.3 Gestion de la conception et de la construction de la conduite d'eau principale du pont des Chutes reversibles Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que, comme le recommande le directeur general, la proposition de CBCL Limited soit acceptee visant les services d'ingenierie (gestion de la conception et du pilotage) relativement au projet de remplacement de la conduite d'eau principale du pont des Chutes reversibles, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est adoptee. 12.4 Design and Construction Management - Simms Corner Reconfiguration On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, the proposal of Terrain Group Inc. for engineering design and construction management services for the Simms Corner reconfiguration project be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. Question being taken, the motion was carried. 12.4 Gestion de la conception et de la construction — reconfiguration du coin Simms Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, la proposition de Terrain Group Inc., soit acceptee visant les services d'ingenierie (gestion de la conception et du pilotage) relativement au projet de reconfiguration du coin Simms, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est adoptee. PDF created with pdfFactory trial version www.r)dffactory.com 92 -659 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 12.5 Re- naming of Marlborough Avenue and New Street Name On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council: a) change the name of Marlborough Avenue to Retail Drive; and b) approve the name Fashion Drive for the access driveway serving the hotel and first phase of the East Point Shopping Centre. Question being taken, the motion was carried. 12.5 Changement de nom de I'avenue Marlborough et nouveau nom Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le conseil communal : a) change le nom de ('avenue Marlborough et la nomme promenade Retail; b) approuve le nom de la promenade Fashion donne a la voie d'acces desservant ('hotel et la premiere phase du centre commercial East Point. A ('issue du vote, la proposition est adoptee. 12.7 General Specifications - Division 6 General Administration of Contract On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council adopt the submitted revision to Division 6 — General Administration of Contract, General Specifications. Question being taken, the motion was carried. 12.7 Specifications generales relatives a la division 6 visant I'administration generale d'un contrat Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le conseil adopte les specifications generales presentees relatives a la division 6 visant ('administration generale d'un contrat. A ('issue du vote, la proposition est adoptee. 12.8 Public Hearing - 700 Somerset Street Withdrawal of Application On motion of Councillor Farren Seconded by Councillor White RESOLVED that as recommended by the City Manager, Council accept the request of Heartland Developments to withdraw its application for rezoning and cancel the Public Hearing for the proposed rezoning of 700 Somerset Street. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 12.8 Audience publique — Retrait de la demande de modification relative au 700, rue Somerset Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le conseil accepte la demande deposee par Heartland Developments voulant PDF created with pdfFactory trial version www.pdffactory.com 92 -660 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 15, 2007 / LE 15 JANVIER 2007 retirer sa demande de rezonage et annule I'audience publique relative au projet de rezonage visant le 700, rue Somerset. A ('issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la reunion.) 13. Committee Reports 13.1 Vision 2015 - Community Consultation On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the report providing Council with an update on the Community Sustainable Growth Vision Project which is the first phase in the community consultation process, be received for information. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Consultations communautaires presentees par le Comite sur la Vision 2015 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le rapport de mise a jour presente au conseil relatif au projet de vision de croissance durable communautaire qui represente la premiere phase du processus de consultations au sein de la collectivite, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:40 p.m. 16. Cloture de la seance Le maire declare que la seance est levee a 21 h 40. Mayor /maire Common Clerk /greffier communal PDF created with pdfFactory trial version www.r)dffactory.com Tuesday, January 16, 2007 P.O. Box 742 Saint John N11 MAW 1- 866- PLANTNB (752 -6862) fax 1- 866 - 595 -5467 e-mail nbhta(a,nbnet.nb.ca Web: www.nbhta.ca To: Mayor and Council City of Saint John, NB Re: Pesticide usage in the urban environment. The New Brunswick Horticultural Trades Association ( NBHTA) represents the "Green Industry" whose primary purpose is to work with plants in the landscape in order to reinstate disturbed natural areas caused by urban development, and to maintain those sites for the benefit of the people as well as the environment. The NBHTA has been a longtime supporter and advocate of reduced pesticide usage in our environment. To achieve measurable pesticide reduction, the NBHTA has adopted the Integrated Pest Management (IPM) Accreditation Program. This program has demonstrated that the usage of pest control products can be reduced by as much as 80% or more over a reasonably short period of time. The NBHTA is of the strong opinion that pesticide bans do not reduce pesticide usage. A ban simply removes pesticides from the professional and leaves them in the hands of the home owner. Pesticides will still be accessible from retail store shelves and the sales of these products will most likely increase dramatically, as they did in Halifax in the years following its pesticide ban by -law. Pesticide usage and/or risk will actually increase with the domestic usage of combination products (fertilizer and pesticide blends). At this time, the NBHTA would like to request an opportunity to present our views in front of Council and discuss with the City of Saint John, the benefits of supporting IPM Accreditation as an alternative to enacting a pesticide by -law. By supporting mandatory IPM Accreditation, the City of Saint John could insure true pesticide reduction. Please advise me of the earliest possible date that our association would be able to make a brief presentation to the Mayor and Council, Sincerely, hn Evans ice President Growing Strong ...... C DE BlCIiEA Ct� i 377"R 1 1041.,E 7 (i Dynamic Construction Corporation Ltd. WITHOUT PREJUDICE 8 Melrose Street Saint John NB E2J 1C9 January 11, 2007 Mayor Norm McFarlane and Members of Common Council PO Box 1971 Saint John NB E2L 4L1 Re: Dvnamic Construction Corporation Ltd. Attached please find invoice for supplying compensatory water storage over twenty years. Thank you in advance. Respectfully, %-� � A Mrs. Wilfred Land DYNAMIC CONSTRUCTION CORPORATION LTD. 8 Melrose Street Saint John NB E2J 1C9 January 11, 2007 City of Saint John PO Box 1971 Saint John NB E21, 4L 1 Attn: City Manager . INVOICE December 31/05 Balance forward 1,097,341.91 January Rental of land before tax sale At Glen Falls Due Nov 1996 Interest @ 6% per annum 65,840-51 $ 1, 163.182.42 SAINT JOHN INDUSTRIAL PARKS McAllister • Spruce Lake • Grandview January 23, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Expired Terms Saint John Industrial Parks Ltd. Directors On December 13, 2006 the Saint John Industrial Parks Ltd. Board resolved to notify Common Council the terms of service for Directors Ivan Court and William Leahy have expired. The Saint John Industrial Parks Ltd. has experienced significant turnover at the Board level over the past 18 months. With this in mind, the SJIPL requests that the Nominating Committee consider extending the terms of these two Board members beyond the 2007 operating year so that the Company may enjoy a degree of stability in this area of its operation. Sincerely, nt Saint John Industrial rarKS std. BI:III Saint John Industrial Parks Ltd. P.O. Box /C.P. 1971 Phone/T61: 506 -649 -6070 Saint John, NB/N.-B. Faxjdlk: 506 - 658 -2837 Canada E2L 40 industrialparks@saintjohn.ca E114 i' Saint John Community Loan Fund 3` Floor City Market Building - 47 Charlotte Street - P.O Box 6125 Station A Stint John, NB - E2L 4K6 GROWING OUR Tel 506 E;3Fi 8542 -Fax !i66 636 85x,3 - E -mail lo at fu- ncliai ?nb _et,nb.ca - Website www.lnanfund.ca Charitable Tax Number: 85491 3241 PR0001 �\ COMMUNITY Board of Directors I investing in people wftere i o0% of your investroew works here January 9, 2007 President Bob Boyce Robert L. Boyce Architect Mayor and Council City of Saint John Vice- President PO Box 1971 Louise Beland 15 Market Square Conference Interpreter Saint John, NB Treasurer E2L 41_1 Judy Martin j Thyssenkrupp Elevator 1 Dear Mayor and Council: Secretary ? Alicia Love In follow -up to a presentation this morning to the Regional Mayors by Margaret Ann Stewart McKelvey Blaney, Leslie Oland and myself, I am requesting an opportunity to present to Mayor Sterling Scales and Council of the City of Saint John. Kathryn Asher I Saint John Youth Cabinet The purpose of our presentation will be to request an investment from the City of Saint John into the Saint John Community Loan Fund. Margaret Ann Blaney and Leslie Brian Duplessis ILA Local 273 Oland are heading his ear's investor recruitment campaign to double our pool of g y p monies dedicated to loans in Saint John. This will enable us to make more and larger Kim Gaudet loans in our community adding to the efforts at reducing poverty and creating Rocmaura Nursing Home opportunity for all. Randy Development Human Development We will be making the same request to the Mayors and Councils of our four partner 9 q Y p Council communities. Cindy Kilpatrick YMCA -YWCA Thank you for this consideration and hoping this letter finds you all in good spirit as we head into the New Year. Don LeBlanc Century 21 Sincerel and on behalf of Ms. Blaney and Ms. Oland, Shannon Patino Ocean Steel Rob Roy Se Ima Rob Roy Reproductions General Manager Bill Thomas Saint John Community Loan Fund St. Andrew and St. David United Church Honorary Member Erminie Cohen Retired Senator investing in people wftere i o0% of your investroew works here S� REPORT TO COMMON COUNCIL M &C- 2007 -07 January 25, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Date - 130 -136 MacLaren Boulevard BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the Rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following application has been received. El City of Saint John Name of Applicant Location Existing Zone Proposed Reason Zone Robert L. Boyce, 130 -136 "RM -1" 6413-2" To permit a Architect MacLaren community Blvd. police office and community outreach centre RECOMMENDATION: That Common Council schedule the Public Hearing for the rezoning application of Robert L. Boyce, Architect (130 -136 MacLaren Boulevard) for Monday, February 12, 2007 at 7:00 p.m. in the Council Chamber. Res lly sub 'tted, f nn R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development .. M &C- 2007 -20 January 23, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Further Postponement of Public Hearings Hughes Surveys & Consultants Inc. (for Saint John Energy) and Haldor (1972) Ltd. Rezoning Applications 304 Westmorland Road and Rear of 298 Westmorland Road BACKGROUND: On December 4, 2006 and December 18, 2006 Common Council scheduled public hearings for the above -noted rezoning applications for Monday, January 15, 2007. At its January 3, 2007 meeting, Common Council rescheduled the hearings for Monday, February 12, 2007 at the request of both applicants. The applicants wished to have additional time for all parties involved to give further consideration/communication of details and/or alternatives for the proposed electrical substation development. ANALYSIS: Requests have now been received from both applicants to further postpone the public hearings on their applications, as they are continuing to explore the details of the proposed development and potential alternatives. Given that this is the second request for postponement, it would be appropriate to cancel the February 12th public hearings but not schedule a new hearing at this time. A further report to Council, recommending a new hearing date, can be prepared once the applicants advise staff that they are ready to proceed with their applications. PDF created with pdfFactory trial version www.pdffactory.com Report to Common Council January 23, 2007 RECOMMENDATION: Page 2 That the February 12, 2007 public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. (on behalf of Saint John Energy) at 304 Westmorland Road, and Haldor (1972) Ltd. at the rear portion of 298 Westmorland Road, be cancelled. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, C.A. City Manager PDF created with pdfFactory trial version www.pdffactory.com REPORT TO COMMON COUNCIL OPEN SESSION M &C2007 -18 January 17, 2007 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Energy Feasibility Study, Saint John Water and Wastewater Facilities City of Saint John BACKGROUND During the last several years the City of Saint John has been taking a leadership role in implementing energy measures in various facilities including two wastewater plants. These measures have demonstrated the potential energy savings that can be achieved in water and wastewater collection, distribution and treatment facilities. A preliminary review of other water and wastewater facilities indicate that similar energy savings can be expected as in the wastewater treatment facilities. Staff have applied for a grant through the Green Municipal Fund to conduct an "Energy Feasibility Study for Saint John Water and Wastewater Facilities ". The application was successful and the feasibility study has been approved for a grant in an amount up to $50,000 with the understanding that the City is to match the approved grant. A detailed terms of reference document was developed by staff and a public call for proposal was issued to conduct the feasibility study. The objective of the study is as follows: - Conduct a comprehensive energy audit of the overall water and wastewater facilities in order to identify energy saving opportunities. Develop a five year energy program with a priority, time schedule and financial performance that can be introduced into the Capital program for implementation. Reduce the amount of electrical consumption by 25% (approximately $250,000 annually). Provide energy guidelines for future procurement. M &C 2007- 18 - 2- January 17, 2007 - Identify operational and performance opportunities. Staff believe that this study will offer great economical and environmental benefits to the operation of water and wastewater facilities. Proposal Submissions Proposals were received from four firms: - Dillon Consulting, Saint John, NB - Fundy Engineering & Consulting, Saint John, NB - The Maricor Group, Moncton, NB - Enerplan Consulting & ADI, Saint John, NB After consideration of all proposals, and after conducting interviews, staff concluded the submission of Funding Engineering was the best proposal based on overall evaluation criteria, technical proposal, personnel, company experience, cost and presentation. The cost of the proposed work from Fundy Engineering & Consulting is $89,555 plus applicable taxes. Financial Implications A total of $44,777.50 was awarded by the Federation of Canadian Municipalities (FCM) through the Green Municipal Fund toward the feasibility study, the rest of the cost will be charged to the water and wastewater operating budget. RECOMMENDATION Your City Manager recommends that the proposal submitted by Fundy Engineering & Consulting for the "Energy Feasibility Study, Saint John Water and Wastewater Facilities" be accepted at a cost of $89,555 plus applicable taxes; and that the Mayor and Common Council be authorized to execute the appropriate contract document. Respectfully submitted, Wm. Terrence Totten, CA City Manager ON REPORT TO COMMON COUNCIL M & C — 2007 -22 January 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Amending Report - Acquisition of Province of New Brunswick Lands BACKGROUND: On July 4, 2006 Common Council resolved: L. WIVA City of Saint John "That The City of Saint John acquire the fee simple interest in two parcels of land from the Province of New Brunswick Supply and Services for $12,000.00 plus H.S.T. (if applicable), identified as PID Numbers 313718 and 55033500, having a total area of approximately 19.35 acres, as illustrated on the attached map, on or before October 6, 2006; and that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction." The closing date has expired, however the City remains interested in acquiring the parcels for future right -of -way development. The City Solicitor's office advises they are prepared to effect this transfer as soon as the resolution to acquire has been amended. RECOMMENDATION: That The City of Saint John acquire the fee simple interest in two parcels of land from the Province of New Brunswick Supply and Services for $12,000.00 plus H.S.T. (if applicable), identified as PID Numbers 313718 and 55033500, having a total area of approximately 19.35 acres, as illustrated on the attached map; and Report to Common Council January 24, 2007 2. That the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Respec tfully submitted, i Jim R. Baird, MCIP Commis) er Plannin and Development Terrence Totten, F.C.A. City Manager BI:111 Page 2 Q Oi pidon turf Ptah quisitibn a P, *M. the Plrv" +t f New hIl , lz'.� x.:.307 .nd Addmose. Land scent to Eat Side of .5 sw W.ta 3we"%i REPORT TO COMMON COUNCIL M & C — 2007 -21 January 25, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition - 725 Westmorland Road BACKGROUND: In Spring of 2006, Mr. Richard Burbridge purchased 3.12 acres of land located at 725 Westmorland Road. Mr. Burbridge intends to develop the site into four duplex lots and 2 lots for apartment building development. The duplexes and the apartments are separated by a City sewer pipe, for which the City has no easement. Mr. Burbridge, in the course of securing his development approvals and building permits was required to make provision for cash in lieu LPP dedication; and the City for its part wanted to ensure it acquires the necessary easement of 1,500 square metres. tin City of Saint john The valuation of both the cash -in -lieu of LPP and of the desired easement required a base value of the lands in question. A value of $25,000. was applied to the four duplex lots and the two apartment parcels are valued at $96,000. each resulting in a site value of $292,000. or $2.14 per square feet or $22.69 per square metre. Using the aforementioned land value, a cash -in -lieu of LPP calculation of $14,520. was determined. Mr. Burbridge made immediate payment so he could secure his Phase 1 building permit. City staff indicated to Mr. Burbridge it would seek approval of the easement acquisition in the New Year. Report to Common Council January 25, 2007 Page 2 The required easement is 1,500 square metres with a unit land value of $22.69 per square metre, discounted by 50% for easement. This results in a valuation of $17,020 for the easement. As well as agreeing to purchase the easement, Council is also required to give its assent so that the subdivision plan can be approved by the Development Officer allowing the easement to vest with the City. RECOMMENDATION: 1. That The City of Saint John acquires a 1,500 square metre for Municipal Services Easement/Easement for Municipal Services (as generally shown on the attached sketch) from 512299 NB Inc. for $17,020 (plus HST if applicable) on or before March 31, 2007, and that the Mayor and/or Common Clerk are authorized to execute any necessary document. 2. That Common Council assent to the required municipal services easement. Respectfully submitted, ti J'm R. Baird, MCIP C C ommissi ner Planningd Development \,j'JAtkrvtf --,� Terrence Totten, F.C.A. City Manager Attachment BI:111 Go�a� Description of Plan: Sketch indicates the location of the required easement. N PID: Various Adress: 720 Westmorland Road A Q Pan: N/A Date: Jan. 17, 2007 x,10 M:T -4 7j* Friday, January 26, 2007 Pat Woods City of Saint John Dear Mr. Woods On behalf of the Fundy Skateboard Association and the Saint John Waterfront Development Partnership, we would like to request an opportunity to appear before council for an exciting update about our fundraising efforts and our plans for getting construction going on the Saint John Skateboard Park. Our preference would be to appear for a short public presentation on February 12". Please let us know if we can be added to the agenda. Again, please accept our sincere appreciation for your assistance and support of the Saint John Skateboard Park. Sincerely, Bill MacMackin President, Saint John Waterfront Development Partnership Jason MacLean Chair Fundy Skateboard Association Fundy Skateboard Association 87 Germain Street, Level 3 Saint John, NB E212EB Phone: 658 -4642 . ML The city of Saint John Norm McFarlane Mayor's Office Bureau du maire PROCLAMATION WHEREAS: The effects of heart disease and stroke are responsible for widespread suffering and create serious hardship in our community; and WHEREAS: the Heart and Stroke Foundation of New Brunswick is taking positive action to reduce disability and death from heart and stroke disease through: (1) a planned, priority research program; (2) an accelerated public and professional heart promotion program; and WHEREAS: the Heart and Stroke Foundation of New Brunswick's Annual Person -to- Person Campaign is being conducted during the Month of February 2007. NO ZT F E: I, Mayor Norm McFarlane, of Saint John do hereby proclaim the month of February, 2007 as Heart Month in Saint John and urge all citizens to cooperate in the Heart Fund Drive and all civic, social and fraternal organizations and business establishments to give this campaign the greatest possible support. In witness whereof I have set my hand and affixed the official seal of 4-k^ Adit rw .-.f 44— r.4... —4 1-.L-- 12/98/2006 99:01 1 PLANNING AND DEVELOP t 0 L* V i f rJ4 Application for a Zoning By -lap Amendment Demande de modification i1 Farrfitk su r le nonage Applicant Related Information t R,enseipemertta su3rr /fe demandear Name of Applicant/ Nom du danandear �4 V 4 �4 Mailing Address of app1ict / AAdrem postale do dmnondcur _ 7 eon za4v" Tc1cphwc Numbcr / M—fro d< t�1#plzvl c 33,3 _ o2 9� Houto / Domidje work / Travail Fax Number / Nw7Wm de tilio*cur Name of Property Ow= (if diffeIM) I NOM du p mprifslre (Si dot) Adti:z s / Ad=$W Postal Code / Code postal. Property Information 1 Resseigeemn eemb sur la propAW Lomtkx /Emplammcm civic 01 No de ^shvd / Ave Lot Am 1 SWjfcie du lot Street Fmtrtege l Farad¢ =rve Existing Use of Property / Miubm actmat de 1K pCV rW P —�. Maa=pal plan land Usc Dmpation Ddsignatkm de ofibrA ion das tam sm le plan mumcipal Amendment Requested / Modification demandde PMSM Z.vnistg / Z 14W aemed /1 0 ,6 1 C1D-1-lC8�4 P /N P M mm Zing to / Modffiitation da xoaage A _ — •G andlor / an ..�' ❑ Tcxt Ameodmeot (bdicate pttrtimlars) / Modifi=on due t m to (a6gv= its deu&s) e,'d 008TLt►89DS uojsuyor WR>l d20:60 90 OaG TT 12/0812805 e�J:8i Develepweot lP'rapoW / I4mpositWz d'a w6nageetent tMsmiption of Prvposai f Dc9cription de la popou4on Yfm must provide a st aled site Plan that itiu trares your pruposat Yom may also provide photographs, builtftgpimu elevation dramnp acrd arty other fom of rnformwe on. Tire plan msW &hVv the firrnOWOna of the property, the locaffon Of all bxi /dittga, tbiveways, pa»dng WVas. fambcTiag and signs_ It Is important that doe d4ranee betweert See property boundary and buflOngs Mr shown. Fous devez jbNrnir un plan du ,life it 1 fiche& 111m rmrr volt propositio r. Youspouv= Fgalemmtf"mir des photographim des purls de brrhownt; des deariw de Purr d'hlivat m et touts au" fbrnea k rense*ternenL Le plmr dolt in&gwer Its dioeensioas de la prW1616, i'empfaarment dr lc tv ed(M der Wmews, des autos. aka miss de datlomwnwm dew am&xSerteen& payragers et despmnem& de ftwhsatiam P est Important d5ndiquer la disrtzn a entry les thmAw * la proprfbi d let baaments. Pravide maw wiry One a=ndmWU should be / Fm4rm Haut atilt rw9mgremem cmxetnam vot m pr: position f%.- /fie c Al o cc dlijp A f 4 2 AA H,1 FAR/Yy %1-4441Ax` .) C Pefl' olG,,e. Al Pmv;dc m atlicr 9nlcnvrsatioo abma year poposat that wo Wd be hdpfuL f Four tout awe rease igroww Wnax, ont vftv pr x6fian qW pourtat tare We. Signat� of AppliM9 / Side du de=dkar -y. ,,.t .L- 'L� $app Appik atim Fm Endosed t Ci joist tea frail de deiziunde do Opp $ lf>m mfe not the mwrer ofhhr krd in grestian pieaw haw- the owner r* below. the signature of the owner is authorizing this applictiadan to proteead jiar canxdmzon 6y Cammon CorerdL Sig OMM ofOaoer Cif aPOMble) SiVWM dm pcvprittaire Wit Y a tiat)� c� ..- Data' 71 Si vow n Vies pas le Pnopri6taOT & terrain en quesom r. vertilkxobmmir la aigteaVm derproprittaire dtsu la partir ci- rk&wzoL Lo rignatrtm dv proprawre outorime la vvikmenr de la pr#senne dentmde pour dire carfc dk -mihv SOO exu wmi par le -wrw l wmmnat 114%x. E'd OOBIL�8909 uo '4suyor WRx dEO:EO 90 OaQ TT CHURCH 151 °- 35'---- 30" MILLIDGE AVENUE sR�o To CITY CENTRE --► MURDOCH — LINGLEY LIMITED 206 KING STREET, WEST SAINT JOHN, N.B. E2M IS 6 SURVEYOR'S CERTIFICATE I,HEREBY CERTIFY THAT THE SURVEYSHOWN ON THIS PLAN ISCORR AND THE BUILDING (S) LOCATED IS(ARE)AS SHOWN. RONALD J. BASTARAC.HE N.B, L S. N_ B. GRID CO-- ORDINATE VALUES POINT EASTINGS NORTHINGS MONUMENT 1 332 773.813 664 778.859 SURVEY MARKER SET 2 332 798.407 6�4 794.907 3 332 792.559 664 804,729 4 332 768.360 664 788,938 3866 332 906,190 664 210.049 N. B. MONUMENT 3667 332 916.1 15 664 553.376 NOTE: AZIMUTHS REFER TO THE NEW BRUNSWICK GRID CO - ORDINATE SYSTEM. PERIPHERAL INFORMATION COMPILED FROM VARIOUS SOURCES AND SHOULD BE VERIFIED. REFER TO BUILDING LOCATION SURVEY REPORT DATED FEBRUARY 19 X1986 FOR FURTHER INFORMATION. RANGES WERE TAKEN FROM VINYL SIDING . .LEGEND BUILDING LOCATION SURVEY civic 128, MILLIDGE AVENUE CITY OF SAINT JOHN —SAINT JOHN COUNTY, N.B. 5 4 3 2 1 0 S 10 15 SCALE 1: 200 SAINT JOHN, N.B. -FEBRUARY 19,1988 MURDOCH — LINGLE.� LIMITED Job No, 88-19 PER: Sk.609 I pg. 62 NEW SRUNSWI ' LAND SURVEYOR 06N- -79 PROPOSED ZONING BY -LAW AMENDMENT RE: 128 MILLIDGE AVENUE 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 330 square metres, located at 128 Millidge Avenue, also identified as being PID number 00047084, from "I -1" Light Industrial to "R -2" One and Two Family Residential. REASON FOR CHANGE: To recognize an existing two- family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 128, AVENUE MILLIDGE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arrete sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 29 janvier 2007 a 19 h, en apportant la modification suivante : Le rezonage dune parcelle de terrain situ6e au 128, avenue Millidge, d'une superficie d'environ 330 metres carr6s et portant le NID 00047084, de zone d'industrie legere o 1 -1 » a zone r6sidentielle — habitations unifamiliales et bifamiliales «R -2 >>. RAISON DE LA MODIFICATION: Reconnaitre Putilisation d'un ddifice a deux logcmcnts existant. Toute personne intdressee pent examiner la modification propos6e au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 It 30 et 16 h 30 du lundi au vendredi, sauf les jours fdri6s. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussign6 a Vh6tel de ville. J. Patrick Woods, greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 128 MILLIDGE AVENUE 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 330 square metres, located at 128 Millidge Avenue, also identified as being PID number 00047084, from "I -1" Light Industrial to "R -2" One and Two Family Residential. REASON FOR CHANGE: To recognize an existing two- family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 128, AVENUE MILLIDGE Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier I'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 29 janvier 2007 a 19 h, en apportant la modification suivante : Le rezonage d'une parcelle de terrain situ6e au 128, avenue Millidge, d'une superficie d'environ 330 metres carr6s et portant le NID 00047084, de zone d'industrie legere v 1 -1 » a zone residentielle — habitations unifamiliales et bifamiliales «R -2 >>. RAISON DE LA MODIFICATION: Reconnaitre l'utilisation dun edifice a deux logements existant. Toute personne interestee peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a 116tel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussignd a 1'h6tel de ville. J. Patrick Woods, greffier communal 658-2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 128 MILLIDGE AVENUE 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 330 square metres, located at 128 Millidge Avenue, also identified as being PID number 00047084, from 11I -1" Light Industrial to "R -2" One and Two Family Residential. REASON FOR CHANGE: To recognize an existing two - family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 128, AVENUE MILLIDGE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 29 ,janvier 2007 a 19 h, en apportant la modification suivante : Le rezonage d'une parcelle de terrain situee au 128, avenue Millidge, dune superficie d'environ 330 metres carrels et portant le NID 00047084, de zone d'industrie 16gere << I -1 » a zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2». RAISON DE LA MODIFICATION: Reconnaitre 1'utilisation d'un edifice a deux logements existant. Toute personne int6ressee peut examiner la modification proposee au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a 1'h6tel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussign6 a 1'h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 128 MILLIDGE AVENUE 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 330 square metres, located at 128 Millidge Avenue, also identified as being PID number 00047084, from 11I -1" Light Industrial to "R -2" One and Two Family Residential. REASON FOR CHANGE: To recognize an existing two - family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 128, AVENUE MILLIDGE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arr6t6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 29 janvier 2007 a 19 h, en apportant la modification suivante : Le rezonage d'une parcelle de terrain situ6e au 128, avenue Millidge, d'une superficie d'environ 330 metres carr6s et portant le NID 00047084, de zone d'industrie legere « I -1 o a zone residentielle — habitations unifamiliales et bifamiliales <<R -2». RAISON DE LA MODIFICATION: Reconnaitre Putilisation d'un Edifice a deux logements existant, Toute personne int6ress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a Ph6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau- Brunswick, 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 1'attention du soussign6 a 1'h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, January 2, 2007 Tuesday, January 23, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑X Public Notice Sub - Headline if ap licable : Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 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: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 128 Millidge Avenue, having an area of approximately 330 square metres, also identified as being PID No. 00047084, from "I -1" Light Industrial to "R -2" One and Two Family Residential classification. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/ Maire ARRETE No C.P.110- ARRETIk MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrdte cc qui suit : L'arretd sur le zonage de The City of Saint John, decrdte le dix -neuf (14) decembre 2005, est modifie par: 1 La modification de l'annexe «A», Plan de zonage de The City of Saint John, . permettant de modifier la designation d'une parcelle de terrain situee au 128, avenue Millidge, d'une superficie d'environ 330 metres catres, et portant le NID 00047084, de zone d' industrie legere « I -1 » a zone rdsidentielle — habitations unifamiliales et bifamiliales «R -2». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxierne lecture Third Reading - Troisierne lecture January 24, 2007 Your Worship and Councillors: SUBJECT: 128 Millidge Avenue - Rezoning Application On January 2, 2006 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 23, 2007 meeting and adopted the recommendation set out below. Mr. Gary Savoie, the property owner, did not appear in support of the application and no other persons addressed the Committee. One letter (attached) supporting the application was received. After considering the report the Committee adopted the recommendation contained therein. RECOMMENDATION: 1. That Common Council rezone the parcel of land located at 128 Millidge Avenue, also identified as PID 00047084, from "I -1" Light Industrial to "R- 2" One and Two Family Residential. 2. It is further recommended that, prior to third reading, the building be inspected by both the City's Building Inspector and the Fire Department so that any Building / Fire Code deficiencies can be identified. Respectfully submitted, Stephen Horgan Chairman PF Attachments Project No. 06-424 PDF created with pdfFactory trial version www.r)dffactory.com DATE: JANUARY 19, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 23, 2007 SUBJECT: Name of Applicant: Name of Owner: Location: PID: Patrick Foran Planning Officer Gary Savoie Gary Savoie 128 Millidge Avenue 111 1:� Municipal Plan: Medium Density Residential Zoning: Existing: "I -1" Light Industrial Proposed: "R -2" One and Two Family Residential Proposal: To recognize an existing two - family dwelling as a permitted use. Type of Application: Rezoning JURISDICTION OF COMMITTEE: PDF created with pdfFactory trial version www.pdffactory.com Gary Savoie Page 2 128 Millidge Avenue January 19, 2007 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, January 29, 2007. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone the parcel of land located at 128 Millidge Avenue, also identified as PID 00047084, from "I -1" Light Industrial to "R -2" One and Two Family Residential. 2. It is further recommended that, prior to third reading, the building be inspected by both the City's Building Inspector and the Fire Department so that any Building / Fire Code deficiencies can be identified. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed rezoning. Building and Technical Services advise that this property has not been inspected for over twenty years and that there may be Building Code issues. They also advise that an inspection should be done in conjunction with the rezoning. Fire Department has not objections to the proposed zoning change but indicate that they would like to inspect the building prior to Council giving third reading to the amendment. ANALYSIS: The subject site is located on Millidge Avenue near the intersection with Newport Crescent, across from the Baxter's Dairy site in Millidgeville. The property has an area of approximately 330 square metres (3,550 square feet) with 11.46 metres (38 feet) of frontage on Millidge Avenue. The site contains a long - standing building which appears to be have been used as a two - family dwelling since it was constructed over 60 years ago. The surrounding neighbourhood contains a mixture of institutional (church) and industrial uses, one- and two - family residences, as well as some apartment buildings. The applicant is requesting that Common Council rezone the property from "I -1" Light Industrial to "R -2" One and Two Family Residential in order to recognize the existing use. The purpose of the rezoning is to resolve the conflict between the actual use of the property and the zoning of the site which came to light when the property was to be sold; no other changes to the use or the site are PDF created with pdfFactory trial version www.pdffactory.com Gary Savoie Page 3 128 Millidge Avenue January 19, 2007 proposed. It is not known how or why this property ended up in the industrial zone, but as the Zoning By -law was recently re- adopted rezoning of the site is now required. Although the subject site is smaller than required by the "R -2" One and Two Family Residential zoning provisions, the long - standing use does not appear to have created any problems. Based on the survey plan submitted with the application, it appears that parking is available beside the building, although the driveway might encroach onto the neighbouring property, owned by the United Church. However, there appears to be sufficient space to relocate the driveway, if necessary, in order to remove any encroachment and provide parking behind the dwelling. CONCLUSION: Given the nature of the surrounding area and that the long - standing use of the site has not created problems thus far, the proposed rezoning to recognize the use of the subject site as a two - family dwelling can be supported. The building will be inspected by the City's Building Inspector and Fire Department so that any Building / Fire Code deficiencies can be identified prior to third reading. PF Project No. 06-424 PDF created with pdfFactory trial version www.r)dffactory.com ti PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT 102 1s0 � � 183 1 177 na 172 20 76 170 • 1 188 171 as 0 0 0 � ,27 a ,,e 0_ 0 i 0 -� ,0 ipe 0*00- sr. IL,-1 163 Q IL 142 148 ISO � 131 12 126 `�.� ffer Dr. 0 ,S t \0 40 M e • St a Pr i 113 � 24 ,1f 122 1,8 107 ' 1 2 11 y 1,0 „3 102 100 82 . 0 1 � ' _ B1 98 Be $ 83 • Subject Site /site en question: . PID(s) /NlP(s): 100047084 Location: 128, ay. Millidge Avenue Date: December/ decembre 19, 2006 Scale /echelle: Not to scale /Pas a Mchelle R M- 2 V w t I �O G) CHURCH n D 2 D D M I L LIDGE AVENUE 4.57m wide Lane 1490 ---14' 00" O Q 11.43m .� U J d m 0 � 4W • W � to- E E o a 00 N QxIM 3.81m O� Z W N it - o O a� E M E < M in v 1.084 1.89m� p W � a O Z x O W 2 Q .N 1° E co c Q N a Z E Ln o _. r W :2 p O U. "' O w b w w \^ > 7 a CC ° ° o w a x ter► °� coi m a a \ E p 6.91m m � 0 2.T %w 0 3.06m o 11.46m _ " 1510- 35`- --3oss n D 2 D D M I L LIDGE AVENUE 1230 Kennebecasis Drive Saint John,N.B. January 6, 2007 Planning Advisory Committee City of Saint John, P.O. Box 1971 Saint John, N.B. I)ear Sir, 6. This is to acknowledge your letter of December 21, 2006. The Board of Trustees of Portland United Church agree to the request to rezone the site of property at 128 Millidge Avenue to "R - 2" One and Two Family Residential. Since the propetry surrounding the site is owned by Portland United Church, the Trustees would not be in favour of the property being used as light industry. Youre truly, Lorna Peters, Secretary of the Board of Trustees. VF imi 19 Zvi 0-3 ,- Application for a Zoning BY-law ,Amendment ' Demande de modification A Parretti sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Appfic= / Nom du demmdeur Mailing Address of applicant/ Addresse postale du d,emandear Street Rothesay, New Brunswick POSW Code /Code postal -ZU—LU Telephone Number / Numhro de thlCphone Home / Domicile 849-8486 Work / Travail 333-8576 Fax Number / Num6m de tel$oopieur N/A Name of Property Owner (if different) / Nom da propridWre (Si difff6reat) Postal Code /Code postal E 2 x -3E9 Property information / Renseignements sur In proprikk Location / Emplacement Civic # / No de voirie 4 �' i StteG / � PID /NIP Lot Area /Superficiedulot 2, 566 Sq.m 39.63m MacLaren Blvd. Stred Frontage / Fa%de sur rue m T a v f o r Av e n u e Ending Use of Property / Utilisation ac twHe de la prwn Canadian'Le ion Branch Municipal Plan land Use Designation Ddm abort de utilization des tames sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage aduei U Change Zoning to / Modification du zonage A R - 2 and/or / on ❑ Text Amendment (indicate paniculm) / ModifiMon due texte (Mdiquez k s dads) Development Proposal / Proposition d'aminagement Description of Proposal /Description de la proposition You must provide a scaled site plan that 111us'trates your proposal. You may also provide photographs, building plan.% elevation drawings and any other form of informajiOrL The plan must show the dimensions ofthe property, the location of all buiUngs, driveways, parking areas landscaping and signs It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site ti tVchelle illustrant votre proposition, Your pouvez 6galement fournir des photographies, des plans de bdtiment, des dessins de plan d UvOon et toute autre forme de renseignement Le plan dolt lndlquer les dimensions de la propriety, 1'emptacement de la totaliM des bbtiments, des allies, des acres de stationnement, des amgnagemenispa0agersetdesparrneaux de signaUsatlon. II est important d'indiquer la distance entre les limites de la propritte et les bdaments. Provide reasons why these amendments should be approved, / Foutnir tout autre rMiseignement con=nant votrc proposition Qui poarrait &rc appr�ouv6es, p� There is a need for a beverage container redemption center in this stin business uses in the 1 Cleve the ro osal would. be compatible with and not be detrimental to other properties in the area. Provide any otter information about your proper that would be hel pmPosition qui pourrait @tie toile. p / Fournir tout autne renseignement conoernant votre Signature of Applicant / Sipature du demaadeur / Date November 30 2006 ❑ $400 Application Fee Enclosed / Ci -joild les frais de demande de 400 $ if you are not the owner of the land in question St vous n' @tes pas !e please have the owner sign below The signature of St vo s obtesp la a proprietalre du terrain en question, the owner is authorizing this application to signature du propri�taire Bans la partie for consideration by Common Council. proceed ci- dessous La signature du propnitaire autortumt le Iraitement de la pr6sente demande pour que aerie derniere Signature of Owner {if applicable) soft examinde par le conned communal Signature due ire Wit y a lieu) i` Date. \4 fj 0 N Q. PROPOSED ZONING BY -LAW AMENDMENT RE: 7 -9 MACLAREN BOULEVARD 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 2566 square metres, located at 7 -9 MacLaren Boulevard, also identified as being PID No. 00046391, from "RM -1" Three Storey Multiple Residential to "B -2" General Business. REASON FOR CHANGE: To permit a beverage container redemption centre at the former Royal Canadian Legion (Branch No. 64) property. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 7 -9, BOULEVARD MACLAREN Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 29 janvier 2007 A 19 h, en apportant la modification suivante : Le rezonage d'une parcelle de terrain situ6e au 7 -9, boulevard MacLaren, d'une superficie d'environ 2 566 metres carr6s et portant le NID00046391, de zone d'6difces a logements multiples de trois 6tages o RM -1 o a zone Commerciale g6n6rale « B -2 w RAISON DE LA MODIFICATION: Permettre 1'exploitation dun centre de remboursement des r6cipients a boisson a l'6difice de 1'ancienne Legion royale canadienne (filiale n° 64). Toute personne intdress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement a 1'h6tel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick, 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 1'attention du soussignd a 116tel de ville. J. Patrick Woods, greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 7 -9 MACLAREN BOULEVARD 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 2566 square metres, located at 7 -9 MacLaren Boulevard, also identified as being PID No. 00046391, from 11RM -1" Three Storey Multiple Residential to "B -2" General Business. REASON FOR CHANGE: To permit a beverage container redemption centre at the former Royal Canadian Legion (Branch No. 64) property. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 ------------------------------------------------------------ - - - - -- PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 7 -9, BOULEVARD MACLAREN Par les prdsentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John indique son intention de modifier Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 29 janvier 2007 a 19 h, en apportant la modification suivante : Le rezonage dune parcelle de terrain situ6e au 7 -9, boulevard MacLaren, d'une superficie d'environ 2 566 metres carrels et portant le NID 00046391, de zone d'edifices a logements multiples de trois etages << RM -1 o a zone commerciale generale « B -2 ». RAISON DE LA MODIFICATION: Permettre ]'exploitation d'un centre de remboursement des recipients a boisson a 1'6difice de Pancienne Legion royale canadienne (filiale ri 64). Toute personne intdress6e peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du ddveloppement a Ph6tel de ville situe au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdries. Veuillez faire part de vos objections au projet de modification par dcrit a ]'attention du soussignd a 116tel de ville. J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, January 2, 2007 Tuesday, January 23, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 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: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 7 -9 MacLaren Boulevard, having an area of approximately 2566 square metres, also identified as being PID No. 00046391, from "RM -1" Three Storey Multiple Residential to "B -2" General Business classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/ Maire ARRETE No C.P. 110 - ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6crdt6 ce qui suit : L'arr&6 sur le zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modif 6 par: 1 La modification de 1'annexe <<A», Plan de zonage de The City of Saint John, permettant de modifier la d6signation d'une parcelle de terrain situ6e au 7 -9, boulevard MacLaren, d'une superficie d'environ 2 566 metres carr6s, et portant le NID 00046391, de zone d'&difices a logements multiples de trois 6tages <<RM -1» a zone commerciale g6n6rale « B -2 - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOi, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2007, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture January 26, 2007 Your Worship and Councillors: SUBJECT: Rezoning Proposed Beverage Container Redemption Centre 7 -9 MacLaren Boulevard On January 2, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 23, 2007 meeting. The applicant, Robert (Bob) Colquhoun, appeared before the Committee in support of the application. Mr. Colquhoun described how the proposed redemption centre would operate, the service it would provide to the local community, and also expressed a willingness to construct a new access directly to Samuel Davis Drive to alleviate any concerns with regards to traffic. Dennis Driscoll, on behalf of the property owner (Royal Canadian Legion Branch 64), also spoke in favour of the application. There were also three other presentations made at the meeting. Ken Buckley of the Crescent Valley Gospel Centre Association expressed concerns with the increased daily traffic and the potential danger for neighbourhood children (especially with the truck traffic), as well as concerns for increased traffic over their church property at 500 Somerset Street. Janet McLaughlin, who spoke on behalf of the Crescent Valley Community Tenant Association, expressed concerns with traffic and pedestrian safety, especially for small children playing in the vicinity of the applicant's suggested new driveway access directly behind 17 -23 MacLaren Boulevard. Their Association's concerns were also outlined in a letter. There was also one other letter from a local resident (please see attachments). There was also a local resident, Juanita Black, who expressed similar concerns with regards to traffic that Ms. McLaughlin had raised. After considering the staff report, presentations, and the submitted letters, the Committee resolved to adopt staff recommendation to deny this application. PDF created with pdfFactory trial version www.pdffactory.com Planning Advisory Committee January 26, 2007 RECOMMENDATION: That this application be denied. Respectfully submitted, Stephen Cronk Vice - Chairman MRO Attachments Project No. 06 -417 PDF created with pdfFactory trial version www.pdffactory.com Page 2 DATE: JANUARY 19, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 23, 2007 PDF created with pdfFactory trial version www.pdffactory.com Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Robert Colquhoun Name of Owner: Royal Canadian Legion (Branch 64) Location: 7 -9 MacLaren Boulevard PID: 00046391 Municipal Plan: Neighbourhood Centre Zoning: Existing: "RM -1" Three Storey Multiple Residential Proposed: `B -2" General Business Proposal: To convert a former Royal Canadian Legion into a beverage container redemption centre. Type of Application: Rezoning PDF created with pdfFactory trial version www.pdffactory.com Robert Colquhoun Page 2 7 -9 MacLaren Boulevard January 19, 2007 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, January 29, 2007. STAFF RECOMMENDATION TO COMMITTEE: That this application be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed redemption centre. Building and Technical Services has indicated that a building permit will be required for the proposal. Fire Department has no objection to the proposed redemption centre. However, the proponent must acquire all necessary permits for the facility prior and during its operation. Any apartments established within the building will be addressed through the building permit process. N.B. Department of Environment and Local Government (Beverage Container Program) has conducted a site visit to the location for the proposed redemption centre. The new facility can satisfy the requirements imposed by the Beverage Containers Act (Guidelines for Redemption Centres in New Brunswick). ANALYSIS: Subiect Site and Neighbourhood The subject property is situated at the intersection of Somerset Street and Samuel Davis Drive in the North End (see attached location map). The property contains a former Canadian Legion that operated for many years. This particular branch did not operate in the typical manner, as alcoholic beverages were not served and activities more indicative of a community centre were offered to members and the public. The building is one - storey in height and has a more residential appearance along MacLaren Boulevard. The other portion of the building is a rectangular brick section more representative of PDF created with pdfFactory trial version www.pdffactory.com Robert Colquhoun 7 -9 MacLaren Boulevard Page 3 January 19, 2007 an institutional building. It is this portion of the building that is more readily in view from Somerset Street. The majority of the property is comprised of a large paved parking lot facing the intersection. There is a small accessory building near the back of the site adjacent to Samuel Davis Drive. The property has been developed with landscaping in front of the building along MacLaren Boulevard, with narrow strips of landscaping between the parking area and the adjoining streets (which are mostly outside of the property). The surrounding neighbourhood has a mix of land uses. There are a number of apartment buildings immediately to the east and north east forming the MacLaren Boulevard/Taylor Avenue neighbourhood. A church is situated on the opposite side of Samuel Davis Drive. Diagonally across the intersection is Ricky's Mall, a small commercial plaza that has operated for a number of years. To the south is a convenience store at 24 -26 Taylor Avenue, and across the street a business specializing in the sale of medical equipment and supplies at 379 Somerset Street. There are also more dwellings and apartments in the general area. Proposal The applicant, who has an option to purchase the subject property, is seeking permission to rezone the subject property in order to establish a beverage container redemption centre. The subject property is presently zoned "RM -1" Three Storey Multiple Residential, and the applicant has requested that the site be rezoned to "B -2" General Business. Under the proposed commercial zoning redemption centres are permitted subject to the following conditions: ■ They must be registered as a redemption centre pursuant to the Beverage Containers Act and comply with all regulations thereunder; and They must be wholly contained within the building and not have any outdoor storage associated with the use. The applicant has indicated that all recyclables will be stored within the existing building as required. An office would be situated within the building facing MacLaren Boulevard. If possible there may also be one or two apartment units established in this portion of the building. The application has not indicated any changes to the exterior of the building or the property. Municipal Plan and Rezoning The Municipal Development Plan has designated the area as a Neighbourhood Centre. Such commercial areas may be composed of individual stores or several stores or other appropriate uses grouped into small centres and located in predominantly residential areas. These centres serve primarily the needs of the local neighbourhood population for limited retail shopping, personal service, and community facilities. While Neighbourhood Centres provide convenient PDF created with pdfFactory trial version www.pdffactory.com Robert Colquhoun 7 -9 MacLaren Boulevard Page 4 January 19, 2007 commercial amenities to the local community, they should be located to avoid creating traffic problems or adversely affecting the residential nature of the area. Uses that are not primarily local must be small scale and compatible with the surrounding residential uses. In order to provide the benefits of Neighbourhood Centres while avoiding some of the potential problems, the rezoning process should allow an opportunity for careful assessment of the future of the small commercial centre. Where necessary, Council should take action to rectify traffic, parking, or other problems and provide an adequate buffer from the residential area, in order to facilitate the growth or effective functioning of the centre. Nature of the Proposed Business For a number of years the Zoning By -law restricted redemption centres to industrial zones due to the potential of unsightly storage of recycling containers outside of the building. While often such outside storage is temporary and only occurs periodically, it would adversely affect residential areas of the community. While it is recognized that redemption centres may operate more fully in compliance with relevant provincial regulations and guidelines nowadays, and without implying that the applicant (or a future operator) would fail to comply, there is always a possibility that some recyclables will be temporarily stored (or left by the public) outside of the building during its operation. While this might be tolerable in an industrial area, given the close proximity to residential properties this would not be acceptable. Furthermore, since the loading area for the proposed redemption centre is oriented towards the busy intersection, such periodic storage would be readily seen by the public. It is unknown what odour, if any, a modern redemption centre may produce. Also, when redemption centres were included in the `B -2" General Business zone, they were envisioned to be situated within larger commercial areas as minor businesses in relationship to the commercial area. Given the size and location of the subject property and building, the proposed redemption centre would have a much more prominent role in this small Neighbourhood Centre than originally intended for these specific community facilities. It would be preferable if a more traditional business, such as a small office building, was developed at this location. Alternatively, the property could remain zoned residential and the building renovated into apartment units. This would be in keeping with the adjoining residential neighbourhood. Traffic and Access While the subject property is situated at the intersection of Somerset Street and Samuel Davis Drive, vehicular public access is restricted to MacLaren Boulevard since Taylor Avenue does not connect directly to Somerset Street. This means that customers (and trucks) would need to travel through the MacLaren Boulevard neighbourhood. Alternatively, these vehicles may illegally travel over the 500161 NB Ltd. property (convenience store) at 24 -26 Taylor Avenue to gain access to the subject property. PDF created with pdfFactory trial version www.pdffactory.com Robert Colquhoun 7 -9 MacLaren Boulevard Page 5 January 19, 2007 The proponent has suggested that customers, especially those residing in the Millidgeville area, would likely use MacLaren Boulevard instead of travelling over the mentioned private property (i.e., parking lot), even though MacLaren Boulevard's entrance onto Samuel Davis Drive is about 220 metres (721 feet) from the busy intersection (see attached air photo). The applicant has also inquired about the possibility of developing a new driveway off Samuel Davis Drive 30 metres (100 feet) from the intersection. Such a driveway would provide for more convenient access to customers and trucks, and would be developed across from the driveway of the church at 500 Somerset Street. If the redemption centre were to be approved, among other conditions such as limiting the hours of operation, no outdoor lighting and storage, a condition requiring a new access directly to Samuel Davis Drive should be required (and trucks restricted to such access). However, it should be realized that the access would result in vehicles travelling closer behind the existing apartment building at 17 -23 MacLaren Boulevard. CONCLUSION: The applicant is seeking permission to rezone the subject property from residential to commercial in order to operate a beverage container redemption centre. While the Municipal Plan has designated the area as Neighbourhood Centre, and there is support for a rezoning of the property to commercial, a more suitable redevelopment of the subject property would either be a small apartment building, especially in light of the existing traffic situation, or an appropriate business such as an office building. While the proposed redemption centre would provide a service to the local community, and could operate from a Neighbourhood Commercial Centre, its prominence at this location would be much greater than envisioned by the Plan, and, therefore the rezoning application cannot be supported even with improvements to the traffic situation. MRO Project No. 06-417 PDF created with pdfFactory trial version www.r)dffactory.com PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT •♦a • 1 - � Gv '• a fY • • Y i1` a ` as `��• a O as a u'+rr Y It1 ' N ( l ♦ ♦ Y, Y" sI = =Y 1 � 'ft � N fa ,Y a .r y m a '7 « _ ,i •r♦, * Q a V Y Yu « 1t „N YY YY Y to Y a� �t 1Ya' a1� '•/ U S u O iu k tY t11 n • • •' •�• Y, r '•/ IM • fY Q. ,1 �� . „ •'• 41$i Gt f• � u , , „ 'aloo" • 24 O _ • • " coos �\ '• r. Subject Site /site en question: =;`y z `' PID(s) /NIP(s): 00046391 Location: 7 -9,. bout. MacLaren Blvd. Date: December /decembre 12, 2006 Scale / (5chelle: Not to scale /Pas 6 1'echelle J J (r it Planning and Development Urbanisme et developpement www.saintjohn.ca December 13, 2006 Dear Sir/Madam: l Re: Proposed Redemption Centre Rezoning Application 7 -9 MacLaren Boulevard P.O. Bo . I971 Saint J NB/N. -B. WA Canad 1 41�{4N J _ R .4q,50) I 1 � E As F7� YT- Crescent Valley Community Tenants Association •1 a& JVJ!f RECIEWD January 18, 2007 Mr. Mark O'Hearn Planning Officer ` Re: Proposed Redemption Centre A0- Rezoning Application 7 -9 MacLaren Boulevard. The Executive and Board of the Crescent Valley Community Tenants Association on behalf of the 300 public housing units in our area would like to express their concerns about the proposed rezoning of the RCL building at 7 — 9 MacLaren Boulevard. We have several concerns that the community thinks should be address; 1) The extra traffic flow; The intersection of MacLaren Boulevard and Taylor Avenue is a Cul de Sac. All traffic that flows in and out of the area should exit through the entrance off Sam Davis Boulevard or Sandy Point Road. Traffic coming to the proposed redemption centre should not cut throught the private parking lot of Daly's Convenience Store. 2) Cleanliness; is the area going to be free of pop bottle tops, of garbage bags and other litter. 3) Hours of operation; is this a dawn to dusk operation or 9:00am — 5:00pm. 4) Is there any possibility of opening up the parking lot on Somerset Street, so a direct entrance /exit can be established for the proposed redemption center? 5) How many times a week will trucks be in the area to load the recycles for shipping? b) The information given does not show any construction on the building. Will any modifications have to be done on the building for the proposed redemption center? None of the present doors seem to be large enough for a lift jack to move the oversize bags that contain the recyclables. SS MacLaren Blvd, Saint John, N. B. E2K3E9 Tel: (506) 658 -9658 We do not object to the proposed business itself, as a matter of fact it will be nice to seethe building in use again, but we strongly feel these questions should be answered. Sincerely, Janet McLaughlin, President Crescent Valley Community Tenants Association 658 -9658 office 642 -7028 home rosebud_ 1957@hotmail.com q A AT& 1 '2111),667 RF('. MD JAN 25 Ml 9�,Q C"AT�Y� 9,r� - '�2, - n , Lt9 rc,& GLU 3o�t a� �s� -ais7 qa City of Saint John All Members of Common Council for Jan 29,2007 Agenda Re; Sale of Royal Canadian Legion Property — McLearn Blvd. The Legion has received an acceptable offer for the purchase of the property subject to rezoning. However Staff and the Planning Advisory Committee have made a determination to deny the rezoning based on increased volume of truck traffic. There are to my understanding 1 to 4 transports per week to the site depending on business volume. Access to the site is via McLearn Blvd or the Taylor Ave entrance. Attending the meeting of PAC representations against, not the sale of the property, the increase in the volume of truck traffic was the main concern of the Tenants Association. There are a number of existing business in the area all relying on truck delivery as well as City Garbage, snow removal and maintence vehicles to name a few. The point is any operation of a business going to this location will require vehicular support. The purchaser offered to put in another entrance via Samuel Davies Drive but when those against were asked if this would satisfy their requirements they were negative to the suggestion. The purchaser currently operates on Summerset Street across from Super Store out of a trailer. To date there has been no discussion on the taxes and other associated finances the City will receive from the operation of a newly formed business as well as jobs created. You may or may not be aware that this property was being offered for sale when unfortunately we had a fire caused by a faulty hot water tank. After settlement with the insurance, the building was reoffered as damaged at a reduced cost. The City of Saint John was offered the property prior to and after the fire, via T.Totten, with no interest being expressed. Hence we went to public offering. After the fire Portland Branch of the RCL moved their monthly meeting to the Lions Club on Elgin St. It is the intension of the Legion to remain in the North End of the City to partner with and support community activities. The sale of our current property is vital to our ongoing initiatives. The property in question is currently unoccupied and all services are terminated. Without the approval for rezoning we will have no choice but to demolish the existing structure as costs to maintain and liability factors are too great for a volunteer organization to maintain. Hopefully, with this and other information available, you will be able to allow a rezoning of this property to facilitate the sale. Tel -1 -506- 636 -8916 Sincerely Dennis Driscoll Chair of Building Disposal Committee 1Portland Branc cn t� a N Lid Re: Uptown Saint John Inc. 2007 Budget W Further to our recent correspondence and submission of a revised budget for 2007, w we have undertaken the required steps in our Bylaws in accordance with the Act to pass the attached revised budget. We advertised and held a membership meeting on January 23, 2007 to consider the revised budget and it was unanimously approved. Council may now give third reading to the budget and proposed expansion of our Business Improvement Area. z As timing is an issue here, your consideration and expeditious approval of this is appreciated. o Sincerely, C t ick Daigle 0 President Attachment C V1 T. 506.633.9797 F. 506.652.3525 www.uptownsj.com z z January 25, 2007 x 0 Mayor Norm McFarlane Members of Common Council 15 Market Square z Saint John, NB Your Worship and Councilors, Re: Uptown Saint John Inc. 2007 Budget W Further to our recent correspondence and submission of a revised budget for 2007, w we have undertaken the required steps in our Bylaws in accordance with the Act to pass the attached revised budget. We advertised and held a membership meeting on January 23, 2007 to consider the revised budget and it was unanimously approved. Council may now give third reading to the budget and proposed expansion of our Business Improvement Area. z As timing is an issue here, your consideration and expeditious approval of this is appreciated. o Sincerely, C t ick Daigle 0 President Attachment C V1 T. 506.633.9797 F. 506.652.3525 www.uptownsj.com Uptown Saint John Inc. 2007 Budget (0.00 Levy Rate Increase) REVENUE YEAR 2007 BIA Levy _ 245,437.00 Employment Grants 4,500.00 Bad Debts Recovered 2,000.00 Environmental Trust Fund Grant 20,000.00 Capital Interest Waterfront Development 15,000.00 Festivals and Events 68,300.00 Co- operative Marketing Campaigns 25,000.00 Miscellaneous Revenue 2,000.00 TOTAL REVENUE 382,237.00 y EXPENDITURES YEAR 2007 Urban Design & Planning (ETF Grant) 20,000.00 Waterfront Development 15,000.00 Marketing 37,130.00 Festivals & Events 68,300.00 Uptown Development 10,000.00 Communications 5,300.00 Program Delivery 8,200.00 Annual Meeting and Awards 5,000.00 Operations 210,307.00 Non- Recoverable 3,000.00 TOTAL EXPENDITURES 382,237.00 m. \o 11 k A LAW TO AMEND BY -LAW NUMBER BIA -2 BUSINESS IMPROVEMENT LEVY BY -LAW Be it enacted by the Common Council of the City of Saint John as follows: The Business Improvement Levy By -law of The City of Saint John enacted on the third day of January, 2006, is amended by: 1 Repealing section 2 thereof and inserting the following: 2 A levy of 16 cents for each one hundred dollars of assessed value is hereby imposed for 2007 upon non - residential property within the Business Improvement Area established by By -law No. BIA -1 Business Improvement Area By -law enacted on the 5" day of January, 2004. IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by Mayor /maire ARRETE MODIFIANT ARRETE No BIA -2 ARRETE CONCERNANT LA CONTRIBUTION POUR L'AMELIORATION DES AFFAIRES Le conseil communal de The City of Saint John ddcrdte ce qui suit : L'arretd concemant la contribution pour 1'amdlioration des affaires de The City of Saint John d6cret6 le 3 janvier 2006 est modifie par: 1 I'abrogation de Particle 2 aux prdsentes et 1'ajout du texte qui suit : 2 Par la presente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fixee est imposee pour l'annee 2007 sur les immeubles non residentiels situes a l'interieur de la zone d'amdlioration des affaires dtablie en vertu de I'Arrdt6 n BIA -1 relatif a la zone d'am6lioration des affaires 6dict6 le 5 janvier 2004. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdt6 le 2007, avec les signatures suivantes : Common Clerk/greffier communal First Reading - January 15, 2007 Premiere lecture - 15 janvier 2007 Second Reading - January 15, 2007 Deuxieme lecture - 15 janvier 2007 Third Reading - Troisieme lecture - 9 BY -LAW NUMBER C.P. 110 -31 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -31 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du Conseil communal, The City of Saint John a d6cr6t6 ce qui suit : The Zoning By -law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&6 le dix -neuf (19) December, A.D. 2005, is amended by: d6--embre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 18 Northumberland Avenue, having an area of approximately 620 square metres, also identified as PD) number 00321943, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. 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. 2007 and signed by: Mayor /Maire 1 La modification de l'annexe aA», Plan de zonage do The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 620 metres carr6s, situ6e au 18, avenue Northumberland, et identifi6e sous le NID 00321943, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone r6sidentielle — habitations de quatre logements <<R -4» conform6ment 6 une resolution adoptee par le Conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme - toutes les modifications sont indiqu6es sur le plan ci -joint et font partie du pr6sent arret6. EN F01 DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrete le 2007, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - January 15, 2007 Premi&c lecture - 15 janvier 2007 Second Reading - January 15, 2007 Deuxi6me lecture 15 janvier 2007 Third Reading - Troisi6me lecture - PLANNING AND DEVELOPMENT ! URBANISME ET DMI- OPPEMENT j REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arr�te de zonage de The City of Saint John y���b ,7 J -1 `' l% North •. }, i _.+ 1 " I FROM / DE TO / A R -2 - One and Two Family Residential/ R-4 - Four Family Residential /Zone Zone r�sidentielle- habitations r6sidentielie- habitations de unifamiliales et bifamiliales. quatre logements. Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi surYurbanisme Applicant: John McLean Location: 18 Northumberland Avenue PID(s)INIP(s) 00321943 07N -90SE Drawn By /Cr6ee Par: David Couture Date Drawn /Carte Cr6ee: January 16 janvier, 2007 Considered by P.A.C.lconsid8r�&_ par le C.C.U.: January 9 janvier, 2007 Enacted by CounciVApprouv+s par le Conseil: Filed in Registry Oflce /Enregistr6 le: SECTION 39 CONDITIONS — 18 NORTHUMERLAND AVENUE That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of a parcel of land with an area of approximately 620 square metres, located at 18 Northumberland Avenue, also identified as being P1D Number 00321943, be subject to the following conditions: a. that the use of the property is limited to a maximum of three dwelling units; and b. that all tenant parking be restricted to the rear of the property; and further that upon rezoning of the property the land and building or structure thereon must be developed an used in conformity with the proposal and conditions identified herein. January 19, 2007 His Worship Mayor Norm MacFarlane And Members of Saint John Common Council Your Worship and Members of Common Council SUBJECT: LANDMARKS NOT LANDFILLS Summary: The Heritage Canada Foundation is circulating a petition requesting that the Federal Government include tax incentives in the 2007 Budget to encourage private sector investment in the rehabilitation of historic places. According to the Foundation, Canada has lost more than 20% of its pre -1920 heritage buildings to demolition over the past 30 years. HCF has stated that urgent action is needed to stop the demolition of Canadian landmarks, to restore and re -use them, and to acknowledge their value not only as a reminder of our origins and cultures, but also for their economic potential of creating jobs, providing housing, hosting cultural activities and reducing environmental impacts. Background: Canadian heritage is being lost on a regular basis due to neglect or lack of understanding of its value or potential. According to the Heritage Canada Foundation (HCF), more than 20% of pre - 1920 heritage buildings have been demolished over the past 30 years across the Country. In the local context, a study conducted by the University of Waterloo found that 53 designated or listed heritage buildings in the cities of Kitchener, Waterloo, and Cambridge were demolished between 1985 and 2001. As landmarks, heritage structures also tell stories and provide the "living memory" of the community. They contribute to the sense of place, and differentiate our city from other communities. Heritage structures are also a valuable economic development resource, supporting re- urbanization initiatives and tourism. The adaptive re -use of historic buildings has been successful in many local, national and international situations. A good local example of adaptive re -use is the Centrebeam project at the bottom of King St. By transforming a whole city block into a desirable urban work place in the uptown area, a complete city block of landmarks were preserved, job opportunities were created, and new businesses were attracted to the downtown. This kind of adaptive re -use demonstrates the positive impact of preserving heritage buildings and revitalizing urban cores. Adaptive re -use of heritage buildings also plays an important role in the local economy. It can create jobs, increase property value, decrease environmental impacts, and reduce landfill. According to Heritage Canada, conserving heritage properties can also be a sound investment. A comprehensive study was carried out by the Center for Urban Policy Research at Rutgers University in New Jersey, United States, to compare the investment of $1 million in rehabilitation versus new construction. The results of the study clearly support rehabilitation of heritage buildings versus new construction. PDF created with pdfFactory trial version www.pdffactory.com The Centrebeam project has proven that providing financial incentives for the conservation of heritage buildings is beneficial for both developer and the municipality. Developers benefit from reduced risk and more return on investment. Municipalities benefit through increased property values, in addition to the maintenance of cultural integrity, livability of urban spaces, compact growth, and aesthetic continuity. The financial incentives currently available to the private sector to conserve heritage buildings are quite limited. There are currently no programs available from the Federal Government. The Federal Government recently cancelled the Commercial Heritage Properties Incentive Fund, CHPIF. The CHIPF fund was a significant factor in the viability of our Centrebeam project. Our Provincial Government currently offers the Tax Abatement Program for Heritage Preservation and Conservation. At the municipal level, our Heritage Development Board on behalf of Council provides not only advice on preserving heritage properties but financial support as well. The City of Saint John recently re- instated our Heritage Grant Program back to the 1980 level of 150,000.00, which provides grants to owners of heritage buildings for conservation/restoration work, to a maximum of $5,000 per calendar year. Approximately 6,000 of Saint John's 27,000 buildings qualify to be placed on Canada's National Registry. To date this registry contains only 12,800 buildings from all of Canada, making Saint John an important part of Canadian heritage Financial incentives encourage owners to restore the buildings and convert them for housing, mixed uses, and new industrial and commercial functions. A Federal Government financial incentive program for rejuvenating historic landmarks would provide leadership and demonstrate concrete support for the value placed by many Canadian taxpayers on conserving heritage structures. As Council's representative on the national Prince of Wales Task Force, I was in attendance at the Annual General Meeting for Heritage Canada where the following resolution was adopted. THE HERITAGE CANADA FOUNDATION RESOLUTION: FINANCIAL INCENTIVES FOR HISTORIC PLACES Approved by vote at Annual General Meeting, October 14, 2006 Whereas historic places are an integral part of memory, community, and identity, telling the stories of who we are and where we come from; Whereas Canada has lost more than 20 percent of its pre -1920 heritage buildings to demolition over the last 30 years; PDF created with pdfFactory trial version www.pdffactory.com Whereas the rehabilitation of historic places creates jobs, stimulates adjacent development, increases property values, reduces landfill, and protects community character; Whereas the pilot Commercial Heritage Properties Incentive Fund (CHPIF) demonstrated the need for, and beneficial effect of a federal incentive to leverage private investment for the rehabilitation of historic places; Whereas the federal tax system is used to encourage and reward economic activities in many commercial areas, such as motion picture production and mineral exploration, but contains dis- incentives to the re -use of historic buildings; Whereas the tools are in place to identify eligible heritage properties and establish the quality of rehabilitation work, developed through the federal/provincial /territorial Historic Places Initiative; Therefore we call upon the Government of Canada to include financial incentive(s) for historic places in the next federal budget RECOMMENDATION: THAT the Common Council of the City of Saint John request the Federal Ministers of Culture and Finance to include financial incentives in the 2007 Federal Budget which would encourage private sector investment in the rehabilitation of historic places, as addressed in the resolution adopted at the Annual General Meeting of the Heritage Canada Foundation on October 14, 2006 AND THAT this report be forwarded to local Members of Provincial and Federal Parliament, the Cities Association of New Brunswick, and the Federation of Canadian Municipalities. Respectively submitted, Received by e -mail Deputy Mayor Michelle Hooton PDF created with pdfFactory trial version www.pdffactory.com Flcrita!�e IDevelr�ho�ler�t l��r<ll��l 25 January, 2007 1'. 0. 13o" 19-1 506 658-283; Sakil Johrr, NB 1500 638-283, 1tar} ( .iiuch F.H., 41A phimiti.-, a irrtiFrlirl.ix His Worship Mayor Norm McFarlane And Members of Common Council Re: Heritage Budget 2007 The City of Saint john At our most recent meeting of 17 January, 2007 the Heritage Development Board was very pleased when advised of the $150,000.00 capital budget approved by Common Council for the Grants For Heritage Conservation Program. The Board appreciates this vote of confidence in their ongoing efforts to encourage development in our heritage areas. This budget will allow the Board to implement several of the recommendations of the Heritage By -Law Review Committee, notably: Increase the percentage from 20% to 40% on grants for masonry (brick and stone) projects as well as structural openings (windows and doors); and Designate additional heritage conservation areas. To this end the Board anticipates bringing forward recommendations to Council this spring regarding designation of King Street East, King Street west and portions of the Torryburn area. The Heritage Development Board is confident that the approved budget will assist in increased efforts to demonstrate that in Saint John heritage preservation and deveiopmentare one - and - the -same. On behalf of the Heritage Development Board, thank you for your continued support. Sincerely, Deputy Mayor Michelle Hooton Chair, Heritage Development Board www.saintjohn.ca January 24, 2007 Your Worship Norm McFarlane and Member of Common Council P.O. Box/C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 Dear Mayor McFarlane and Fellow Councillors: RE: DECISION OF THE CITY'S PENSION BOARD TO SUE COUNCILLOR FERGUSON This decision by the Pension Board is a dangerous precedent that should and must be overturned. Freedom of speech must never be denied because of a difference of opinion or interpretation. When one speaks about the "Pension Board" this is an evolutionary, general term. It refers to all those who are presently serving, those who have served in the past, and those who will serve in the future. What is to be gained by a lawsuit that pits 3 members of Council plus some senior managers who attend each Council session against comments made and questions asked by Councillor Ferguson about his concerns on how the Pension Plan has been managed. The majority of this Council voted against an "Independent Review" as requested by Councillor Ferguson. If this lawsuit is allowed to proceed, the Court of Queen's Bench may become the Independent Review. Is this the wish of Council or the Pension Board? We know that there was a downturn in the stock market. We know mistakes were made in the past whether it was some bad investments, poor advice, early buyouts, etc. I have included a newspaper article showing that the Pension Board and Common Council made a mistake in the past in trying to make amendments to the City's Pension Plan. If we have identified mistakes made in the past and have taken corrective action to make sure that they don't happen again, that's the best we can do! We must move forward not backwards! This lawsuit is a backward step; it will be divisive and destructive as Council will never be the same again! Level heads must prevail. I hope that both sides realize what is at stake. Good governance requires open discussion and debate and my fear is that this may soon disappear. Seeking answers to questions should not end up in a Court of Law! Let's find a better way to deal with this issue! Sometimes two opposing sides at the end of the day have to agree to disagree! Our City employees have worked hard for their pensions. Let's not put them on trial! Respectfully submitted Ivan Court COUNCILLOR Group says it killed city 0 pension plan amendents By PHILIP LEE Evening Times Globe Members of Common Council are wrong when they say the Canadian Union of Pub- lic Employees scuttled amendments to Saint John's pension plan last year, says the city's Retired Members Association. In a letter delivered to council this week, the Retired Members Association makes it clear that it took the steps that killed the amendments. In February, members of Common Coun- cil said publicly that they were concerned because the amendments to the plan were scuttled by CUPS after changes were unan- imously agreed to by the pension fund's board of trustees. The amendments were drafted to bring the city plan in line with new federal and provincial legislation. Councillor Dennis Knibb and Mayor Elsie Wayne both said they were concerned that almost $200,000 was spent preparing the amendments, only to see them lost over a technicality when they were presented to a legislative committee in Fredericton. "They (the union) did an about face," Knibb said last month. But in its letter to council, the Retired Members Association said the changes were lost because "the consulting actuary firm (which) was paid $127,005 and the legal firm (which) was paid $58,998 .. . ignored requirements" of a section of the Pension Benefits Act. This section states that when the adminis- trator of a pension plan applies for an amendment "that may adversely affect the pension benefits, rights or obligations" of a member, written notice of the changes must be given to all members, including retirees. Last December, several days before the amendments were taken to the provincial Law Amendments Committee in Frederic- ton, the Retired Members Association com- plained in writing that this section of the act had been ignored. The association wanted the right to express its concerns about the amendments and had not been given written notice of the proposed changes. "Nothing in the Pension Benefits Act provides that active members and retirees should be denied their legislated right solely on the basis the Pension Board and Common Council were unanimous in their vote to accept the amendments," John McCarthy, president of the Retired Mem- bers Association, said in the letter. McCarthy noted that the city has spent $1.9 million administering the fund since 1987. "Our association is amazed that the paid professionals . . . are not accepting the blame for the amendments being rejected," he said. At the committee hearing in Fredericton, CUPS representative Robert Davidson spoke on behalf of the Retired Members Association and read one of its letters into the record. "The retirees received no notice," David- son told the committee. "They are not aware of what the changes are or, aware of any specifics whatsoever, and they have had no opportunity at all to deal with this." The committee decided that proper notice had not been given and said the amend- ments could not proceed. January 25, 2007 To Your Worship Mayor Norm McFarlane and Members of Common Council RE: Council procedures in regards to the motion being put forward at Monday night's council meeting January 29, 2007. The motion I propose is for council to have an independent inquiry into pension board conduct in hiring a lawyer to silence opposition. In respect to the motion above I suggest all voting council members who sit on the pension board recuse themselves from the vote associated with the above motion. Your full cooperation would be appreciated. If staff in attendance of the Common Council meeting recuse themselves, then I would ask the common clerk to ensure the appropriate substitute staff be present. I make the motion that council implement an independent inquiry into pension board conduct in hiring a lawyer to silence opposition. Resp b ' ed, John Fer on Councillo January 25, 2007 To Your Worship Mayor Norm McFarlane and Members of Common Council. Re: Economic and Community Growth Task Force Be it resolved, Common Council to establish a municipal, private and non - profit sector task force to develop a community plan /strategy to analyze the impact of community growth associated with the recent developments in the Energy and Retail sectors. Recent discussions clearly suggest Saint John will experience huge growth potential in the energy and retail sectors. These two growth sectors will have an impact on our community ranging from infrastructure, human resources, public services and community confidence. Other communities that have experienced "growth booms" have adjusted to growth from a reactive perspective. It is important Saint John be proactive and establish and Economic and Community Growth Task Force to work with public, private and non- profit partners to ensure all pillars of our community grow in unison. The Task force then could advise the Vision 2015 committee as to the expected service level standards our community will require as all sectors move forward. Respec y ub itted, John Fer srti ''Council or www.saintjohn.ca January 29, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Subject: Simms Corner Reconstruction Included in the 2007 budget is the allocation of funds for Simms Corner reconstruction. I believe that input from the public would be valuable before the work begins, and make the following motion. Motion: That Council direct the City Manager to arrange for public sessions to be held with the Commissioner of Municipal Operations and the engineering firm hired to carry out the reconstruction of Simms Corner present to hear from residents and businesses in the area. Sincerely, Chri pher Titus Councillor www.saintjohn.ca January 25, 2007 Your Worship Mayor McFarlane And Councillors P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Dear Mayor McFarlane and Fellow Councillors: ISSUE: POVERTY REDUCTION STRATEGY INTRODUCTION: For about a decade, Saint John business leaders (BICAPI) have joined with the government and community to better understand and how to reduce poverty in Saint John. Poverty reduction is a now recognized component of True Growth, and modest projects that have been adopted are now working. Saint John requires a new approach by the Provincial Government to really break the cycle of poverty and move families toward self- sufficiency. CONTENT: On Monday, January 15, 2007, BICAPI and Vibrant Communities leaders jointly met with Saint John Region's Liberal MLA Caucus and then on Tuesday of this week with Premier Graham and Minister Schryer. BICAPI and Vibrant Communities recommendations supported the Province's self- sufficiency goal and emphasized that to really achieve self - sufficiency our Province needs to substantially reduce poverty. Their recommendations to the Provincial Government included the following: 1. A cultural shift in government thinking about poverty, moving responsibility across government departments (education, finance, energy). 2. A comprehensive poverty reduction strategy for New Brunswick. 3. A dedicated leader focused on poverty reduction, reporting directly to the Premier. MOTION: That Mayor and Council support the Poverty Reduction Strategy as proposed by BIAP1 and Vibrant Communities. Respectfully subrr4t?ed, i Peter McGuire COUNCILLOR Poverty In Saint John ■ An estimated one in four people (17,000 individuals) in the City of Saint John live in poverty. Incidence of Low Income (Statistics Canada, 2001) 24.5% Saint John 6.2% Quispamsis 18.4% Moncton 9.7% Rothesay 16.3% Fredericton 8.0% Grand Bay - Westfield 15.7% New Brunswick 16.2% Canada • Almost half of Saint John's poorest citizens are attached to lone- parent families, making investments in education and child care critical. • Median income of single parents in Saint John is roughly $5,000 less than that of Moncton or Fredericton and labour participation rates are lower, suggesting that there is under- utilized labour force potential. • The majority of Saint John's poor are concentrated in specific neighborhoods, highlighting the need for new strategies for housing and neighbourhood development. BREAK THE POVERTY CYCLE rid I Early Learning Centres PALS Schools Teen Resource Centre Affordable Housing Options Energy Poverty Solutions Social and Economic Investment LEADERSHIP, RESEARCH, FOCUS, COORDINATION, TARGETED INVESTMENTS, POLICY SHIFTS First Steps Program: Housing High School Completion Remove the Welfare Wall Enhance Child Care Options Reward Learning and Work REPORT TO COMMON COUNCIL M &C2007 -17 January 24th, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: SAINT JOHN WATER (UTILITY FUND PROPOSED 2007 OPERATING AND CAPITAL BUDGETS INTRODUCTION The City of Saint )ohn Presented for Council's consideration are the proposed 2007 Operating and Capital Budgets for Saint John Water (the Water and Sewerage Utility Fund). These plans reflect the direction adopted by Common Council for water and wastewater services. The challenge for 2007 remains our focus on the future (needs of the community), to revitalize progress on a number of fronts, not the least of which is progress on harbour clean -up (100% treatment of collected municipal wastewater). Harbour Clean -Up / 100 %Treatment of Municipal Wastewater 100 ■ 1993 80 60 ❑ 2006 40 ■ 20 ?? 20 0 West North East/South Communication with customers of the utility and with the community generally needs to remain a high priority, as will the resolution of special water pricing agreements that are outstanding. As Saint John moves towards enhanced treatment of drinking water and with the industrial development that is emerging, future water needs have to be established. An update of the business plan, based on the current review of rates and rate structure options, will refocus the utility's financial management model going forward. And, it will be important to proactively embrace the service refinement structure being developed through Vision 2015, backed by advanced program management practices. \,o W� s j` Our Business is Your Water/ Votre eau, c'est notre affaire _.�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets The City of Saint John continues to work diligently towards dealing with the major drinking water and environmental challenges facing our community. Common Council has been vigorous in its leadership on these issues, giving highest priority to safe drinking water, the full treatment of all collected municipal sanitary sewage and providing for the infrastructure that is so vital to reliable service delivery. January 24`", 2007 Page 2 The November 2004 strategic direction, Water and Environmental Outcomes Essential for Saint John, adopted by this Council in January 2005, sets out: cza A clear commitment to high quality, safe drinking water and an environment free of raw municipal sewage; as foremost priorities of the City of Saint John; cza Strategies for 100% wastewater treatment (harbour clean -up), high quality (safe) drinking water, and transition to sustainable utility infrastructure; ca An integrated financial model (core management component); cza Long -term plans for capital improvements (formally approved annually); cza Securing funding support from other levels of government; cza A comprehensive communications and public information program; and ca Various associated guiding principles and action steps. The strategic direction guides the plans and activities of Saint John Water, including development of annual budgets and associated initiatives. It is periodically updated to reflect an ever expanding technical information base, the extensive engineering work being carried out, the regular review of customer charges, commitments of major funding support from other levels of government, and other emerging considerations. The "bottom line" in the City's commitment to these areas of service is quite simply the well being of citizens and other people: their health, quality of life, and economic opportunity. A clean water environment, modern drinking water treatment standards and sustainable municipal infrastructure all contribute to achieving these goals. Purpose of Report The purpose of this report is to seek Common Council's approval of the proposed 2007 Operating and Capital Budgets for Saint John Water (the W &S Utility Fund) and to have Council establish 2007 user rates for utility services. Our Business is Your Water/ Votre eau, c'est notre affaire ".�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets BACKGROUND January 24`", 2007 Page 3 Water and wastewater (sanitary sewer) services in Saint John are delivered through a public utility funded by ratepayers through a system of user charges, in accordance with the Municipalities Act of the Province of New Brunswick. Utility financing is separate and apart from that of other municipal programs. Saint John Water serves over 60,000 citizens, plus about 40,000 other people who visit, work, and attend school in Saint John. The utility services approximately 13,866 flat rate residential customers (some multi -unit) and a further 2,892 metered industrial, commercial, and institutional (ICI) customers. In addition, the City (through its General Fund) pays for the fire hydrant protection system and a share of combined sewers (the storm drainage capacity in combined sewers, sewers that carry both sanitary and storm water flows). Total water production is approximately 44 million Imperial Gallons per day; roughly 27.5 million I Gal (62.5 %) of which goes to four major industrial customers. In order to fulfill increasingly higher public expectations for drinking water quality, environmental protection, and service reliability, coupled with ever more stringent public health and environmental regulations, the community must be prepared to invest substantially in its water and wastewater services. As the general public and industry are well aware, needed improvements are very costly. To support those needs, it was predicted in 2000 that rates would have to at least double. Since then, for example, residential household charges have risen significantly: ca 2001: 3.80% ca 2004: 11.52% ca 2002: 4.27% ca 2005: 12.18% ca 2003: 13.68% cq 2006: 8.22% $700 $600 $500 $400 $300 $200 $100 $0 ■ Flat Rate (Residential Households) 2000 2001 2002 2003 2004 2005 2006 Charges for metered industrial, commercial, and institutional customers have also risen sharply; in fact, for some customer classes, at a higher rate of increase. Our Business is Your Water/ Votre eau, c'est notre affaire _.�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets January 24`", 2007 Page 4 Notwithstanding higher costs to users, Saint John's public water and sewage services remain reasonably priced; particularly in comparison to household costs for things such as cable television, telephone /intemet, electricity, bottled water and fuel. Among them all, water is the one service essential to health and, in fact, life itself. The Business Plan Review undertaken in 2002 helped put the financing needs of the utility clearly into perspective. It highlighted two critical issues: first, that user rates needed to rise to support system renewal and essential upgrades; and, secondly, that the rate structure had to better reflect the principles of "fairness" and "user pay" - costs fully and more fairly allocated across classes of utility customers. Underling these principles is that of adequacy, services priced to adequately support service delivery. While the utility strives for least -cost operations, user rates need to reflect the value of services and be sufficient to support the cost of delivering those services. Artificial under- pricing is a flawed practice that encourages wasteful consumption, inefficiencies and avoidable costs. A financial management plan for the utility was introduced carefully, with a long -term perspective, to support the progress that had to be made. Its latest version is a foundation piece of the strategic direction for water and wastewater services (adopted by Council). To help update pricing policies and to assure customers that equity and fairness are, in fact, reflected in user rates, a planned review of rates and rate structure options was undertaken in 2006. That study is nearing completion (final report expected by March). Unfortunately, the report was not available for consideration in formulating this budget. PRIMARY SERVICES OF SAINT JOHN WATER Saint John Water manages, maintains and /or operates an extensive inventory of facilities and systems that deliver essential municipal services to the people, industry and institutions of our community. Its three (3) primary public services, as tentatively defined through the Vision 2015 service refinement process, are described as follows I: 1. Drinking Water Service The Drinking Water service is a public service that provides those who live, work, visit and attend school in Saint John as well as to businesses in the community with quality drinking water. The service is regulated by the Water Quality Regulation — Clean Environment Act under which the City of Saint John Approval to Operate is granted for the operation of Drinking Water Distribution and Treatment Facilities. Although drinking water is currently not filtered, it is treated with chlorine and fluoride to Health Canada Guidelines for Canadian Drinking Water Quality. The service includes the supply of water, various degrees of treatment, maintenance of infrastructure, the administration of the service, and the billing and collection of water rates. ' From Vision 2015 Service Profile Project, November 7th, 2006 Our Business is Your Water/ Votre eau, c'est notre affaire ".�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets January 24`", 2007 Page 5 Service Value: Quality drinking water is essential for the maintenance of good health, preventing the spread of disease, and contributes greatly to the quality of life in our community. Economic prosperity of the community is supported as many businesses require provision of quality drinking water. Output: Potable Water 2. Industrial Water Service The Industrial Water Service is a public service that provides industry with sufficient quantities of water to carry out their processes. The service includes the supply of water, various degrees of treatment, maintenance of related infrastructure, administration of the service, and the billing and collection of water rates related to industrial water users. Service Value: The economic well -being of the community is supported through the provision of sufficient industrial or raw water supply to meet the needs of industry. The abundance of raw water and its related infrastructure make it attractive for manufacturing and processing companies to invest in the community. Output: Industrial Water 3. Wastewater Service The Wastewater Service is a public service that provides the public with wastewater treatment and disposal. Wastewater is collected within the system and transported to wastewater treatment plants via a system of collection pipes and wastewater pumping stations. Wastewater is treated and disposed into receiving waters. Service Value: Effective wastewater management practices enhance public health, safety and the environment. More specifically, benefits of wastewater treatment include the protection of public health from waterborne disease; protection of the natural environment and aquatic and wildlife that depend on the removal and prevention of contaminants that can accumulate; and the protection of water sources for recreational use. Output: Wastewater Managed Saint John Water strives to meet the needs of its many and diverse customers, while at the same time fulfilling its obligations to the community. It has a role to play in the future of our city and, as such, it seeks to be a leader in the Vision 2015 transformation. The utility will look to expedite the integration of its service model with the overall structure of municipal services being contemplated for the City of Saint John. Our Business is Your Water/ Votre eau, c'est notre affaire ".�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets January 24`", 2007 Page 6 Table 1: Saint John Water Primary Services and Budget Programs Budget Program Primary Services Program Type Drinking Industrial Wastewater Water Water W &S Admin Support ✓ ✓ ✓ Services & Programs Support ✓ ✓ ✓ Watersheds Operational ✓ ✓ Water Treatment Operational ✓ Water Pumping Operational ✓ Water Systems Operational ✓ ✓ Hydrants & Metering Operational ✓ ✓ Wastewater Pumping Operational ✓ Wastewater Collection Operational ✓ Wastewater Treatment Operational ✓ Engineering Support ✓ ✓ ✓ CRITICAL INFRASTRUCTURE It would help the perspective on Saint John Water responsibilities to understand the scale of the extensive inventory of critical infrastructure that it must operate and maintain. Water Infrastructure ca Watersheds:2 ► East: Loch Lomond / Latimer Lake P. West: Spruce Lake / Ludgate Lake (with interest in the Musquash watershed) ca Watershed Dams: 10 ca Raw Water Intakes: 5 ca Water Treatment Plants: 2 P. East: Latimer Lake WTP (currently disinfection treatment, with fluoridation) ► West: Spruce Lake WTP (currently disinfection treatment, with fluoridation) Our Business is Your Water/ Votre eau, c'est notre affaire ".�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets ca Water Pumping Stations: 14 cza Water Storage Tanks /Reservoirs: 7 January 24`", 2007 Page 7 P. Lakewood Heights, Cottage Hill, Rockwood, Millidgeville, Lancaster, Churchill Heights, and Spruce Lake cza Pressure Reducing Valve Stations: 25 cza Major Water Transmission Control Headers: 7 ca Transmission Mains (large diameter): 118 kilometres cza Distribution Mains: 385 kilometres ca Fire Protection Hydrants: 1847 Wastewater Infrastructure ca Hazen Creek Sewage Scheme P. Wastewater Treatment Plant — Activated Sludge (Class II) [needs replacement] ► Wastewater Pumping Stations: 7 cza Greenwood Sewage Scheme P. Wastewater Treatment Plant — Trickling Filter (Class I) [local] ca Thorne Avenue (Marsh Creek) Sewage Scheme ► Wastewater Treatment Plant — Activated Sludge (Class II) [needs replacement] P. Wastewater Pumping Stations: 6 ca Millidgeville Sewage Scheme ► Wastewater Treatment Plant — Activated Sludge (Class III) [most advanced] P. Wastewater Pumping Stations: 10 ca Lancaster Sewage Scheme ► Wastewater Treatment Plant — Aerated Lagoon (Class II) P. Wastewater Pumping Stations: 14 ca Monte Cristo Sewage Scheme ► Wastewater Treatment Plant — Rotating Biological Contactor (Class I) [local] P. Wastewater Pumping Stations: 1 Our Business is Your Water/ Votre eau, c'est notre affaire _.�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets ca Morna Heights Sewage Scheme ► Wastewater Treatment Plant — Trickling Filter (Class I) [local] c�a Sanitary Sewer Mains: 210 kilometres ca Combined (Sanitary /Storm) Sewer Mains: 150 kilometres PROPOSED 2007 OPERATING BUDGET January 24`", 2007 Page 8 The proposed Operating Budget, attached as Appendix "A ", represents the utility's operating plan for 2007. Expenditure Budget Total proposed expenditures for 2007 are $29,727,081, a net increase of 5.55% over 2006. Within this total are expenditures for general operations and fiscal charges related to the utility's capital construction program. General Operating Expenses General operating expenditures for 2007 have risen by 4.24% to $17,397,134. This increase is primarily due to general inflationary trends in the cost of goods and services, funding the utility's share of pension plan obligations (14.29% or $652,750, with $500,950 from ratepayers and $151,800 recovered from employees), and contractual obligations related to wages and benefits. Funding for one additional staff position (billing clerk in Finance) is also included, as approved by Council in the Establishment. Fiscal Charges A primary reason for rising Saint John Water expenses continues to be the determined timetable for capital improvements. The 7.44% increase in fiscal charges to $12,329,947 is a direct result of borrowing and other costs associated with making necessary system upgrades. The capital program proposed for 2007 is again very large; with its impact on expenses to be felt in 2008 and beyond. The level of debt financing has been predicted and forms part of the long -term financial management model for the utility. Infrastructure Renewal Apart from the high profile upgrades being undertaken, a particular challenge for the City will be its ability to invest sufficiently in normal infrastructure renewal. Significant in this is where the funding for those projects comes from. Sustainability and value for money over the long g erm will not be achieved unless there is an adequate commitment of renewal funding in annual operating budgets. Incurring debt for renewal -type capital (re)construction is quite simply not sustainable. Definite dollar amounts, based on the inventory of utility assets, need to be invested annually in renewal. It is the utility's goal to achieve an adequate level of renewal investment within the period of the current strategic direction and Vision 2015. Our Business is Your Water/ Votre eau, c'est notre affaire _.�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets Revenue Budzet January 24`", 2007 Page 9 User -pay and balanced budgets are fundamental to water utility financing in New Brunswick; a zero -sum formula where "expenditures out" are covered by "revenues in ". Besides its residential and ICI customers, Saint John Water provides the City of Saint John with a fire hydrant protection system and storm sewer capacity within combined (sanitary /storm) sewers. The cost of these services is paid for through the General Fund. Total budgeted revenues for 2007 are $29,727,081, a net increase of 5.55% over 2006, projected to be generated as follows: Table 2: 2007 Revenue Summary (Proposed Budget) Revenue Item Budget % Fire Protection Levy (from General Fund) $1,708,119 5.75% Storm Sewer Levy (from General Fund) $1,153,960 3.88% Flat Rate Residential (water / sewer) $11,728,974 39.45% Other Revenues (late charges / miscellaneous fees) $225,000 0.76% Metered Accounts (water / sewer) $14,911,028 50.16% Total $29,727,081 100% Utility Fund Revenue Distribution ❑ Fire Protection ❑ Storm Sewers ❑ Flat Rate Residential ❑ Metered Accounts ❑ Other Our Business is Your Water/ Votre eau, c'est notre affaire ".�ohn iV Ali Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets Planned Operating Hi2h1i!hts - 2007 January 24`", 2007 Page 10 The underlying objective of all operating programs of Saint John Water is to deliver safe, reliable water and wastewater services to the community, at a reasonable cost to ratepayers. Some areas of emphasis in 2007 are noted below. Service Refinement/ Program Management In conjunction with Vision 2015, Saint John Water seeks to facilitate transition to the service structure proposed through the service refinement project. Complementary to this will be the full use of Program Management methodology. Program Management is a systematic approach to managing programs to achieve successful delivery in terms of quality, scope, time and cost. The methodology focuses on planning and control processes through proven communication and reporting systems. All management and supervisory staff have been trained in the methodology. Preventive Maintenance An important PM initiative being taken in wastewater treatment and pumping will help extend the useful life of equipment, ensure optimal service reliability and contribute to a safer work environment for employees. It is also essential for the most effective and efficient use of the expensive facilities we operate. Laboratory Proficiency A program of proficiency testing for the Saint John Water Environment Laboratory, introduced in 2006, will be expanded to cover an additional six parameters in 2007. Lab staff has enthusiastically embraced this challenge and are working diligently towards accreditation of our laboratory. The efforts of the manager responsible, the senior chemical technologist and their team deserve special recognition. Uni- directional Flushing (UDF) The advantages of UDF over traditional flushing methods are well established. UDF controls water flow by closing a series of valves to isolate specific sections of pipe and utilizes the resulting increased water velocity to scour the pipe wall. Not only is the cleaning more thorough, it also reduces flushing times (thus using less water), provides valve exercising activity, and significantly reduces cloudy water disruptions. Also, the process produces invaluable data on the system. Since 2005, Saint John Water has worked with Aqua Data Atlantic to build a computerized water system model, with flushing sequences, for sections of West Saint John. We propose to develop a model for the entire distribution system. This full- system approach will mean long -term cost efficiencies and facilitate future design of flushing sequences. Water and Wastewater System Records Our single most critical engineering concern relates to engineering /infrastructure records; a high priority into the foreseeable future. The full transformation of utility records to an automated (digital) format is hugely important to Operations, particularly in emergencies, to engineering staff and external consultants, to other utilities sharing the same rights -of -way, and for community planning purposes. Clear understanding of infrastructure location is also important for reasons of public and employee safety. Building on the vision and diligence of engineering staff working with Operations and GIS personnel, technical resources will be assigned to complete this work. Our Business is Your Water/ Votre eau, c'est notee affaire _.�ohn iV 4k - i +, ! Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets January 24`", 2007 Page 11 Energy Efficiency An energy efficiency initiative started in 2006, in conjunction with the City's Energy Manager, will continue. We believe there is significant potential for cost reduction in the utility's energy bill, expected to exceed $1 million in 2007. Watershed Management Increased diligence in the watersheds is contemplated for 2007, including a condition survey of dam infrastructure, dam repairs and road improvements, along with structured patrolling of these vast areas. Dealing with the scourge of illegal dumping will be a priority, carried out in cooperation with Saint John Works and the City's By -Law Enforcement services. Water Reservoirs Major painting and/or corrosion protection projects are planned for two of the seven water storage tanks, with touch -ups at two others. Industrial Metering Four large water meters at the Port will be replaced in 2007. Career Development Commitment to employee training and development will continue as Saint John Water strives for excellence in all aspects of its operations and services. Staff will work with NBCC Saint John and others - towards achieving required levels of staff proficiency and formal certification. SCADA System A new, much improved SCADA (System Control And Data Acquisition) system will be ready in 2007, after years of planning and development. Council's ongoing support, along with a major commitment of Operations management and staff will produce a technologically advanced monitoring and control system for Saint John Water facilities. The SCADA system will monitor and control various components of the drinking water and sanitary sewer systems, monitoring water pressures, storage tank levels, chlorinator operation, wastewater pumping stations, among other things. Phase I of the upgrade has covered development, design and programming of the SCADA HMI (Human Machine Interface) and data historian, including the placement of software on terminals, development of operating /monitoring screens, complete with custom charts and graphics. Phase II entails the design, development and implementation of the communication and RTU (Remote Terminal Unit) /PLC (Programmable Logic Controller) system. The new SCADA will provide operators with a level of information and control over their respective stations that they have never previously had. It will also improve the level of monitoring and alarms - significantly enhancing the alarm and reporting portion of the multi - barrier system. For instance, continuous chlorine residual monitoring and on -line turbidity monitoring will become a reality. Total investment in the SCADA upgrade will exceed $2.5 million over a number of years. The project has involved a huge commitment of specialized staff resources and our people have done a tremendous job in bringing about this much needed improvement. Our Business is Your Water/ Votre eau, c'est notre affaire ".�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets PROPOSED 2007 WATER & SEWERAGE RATES January 24`", 2007 Page 12 Significant in these budget proposals are the rates to be charged for services. The need for sufficient revenues has been clearly articulated over the years. User - charges must rise to meet increasing operating costs and to satisfy the service obligations of the utility: to protect the natural environment and assure the safety of drinking water. Achieving these standards is not an option for the City; both are public health priorities, with water and wastewater services becoming subject to ever more stringent regulatory requirements. Although customers should continue to expect significant increases in coming years, the change proposed for 2007 is somewhat lower than had been earlier anticipated: oa It had been hoped that Eastern Wastewater Treatment Facility construction would have started in 2006; ca Understanding long -term industrial water needs and resolving long outstanding water pricing agreements with industrial customers are required; and ca Updating of the Saint John Water business plan must await completion of the current review of rates and rate structure options. Residential Rates It is proposed that the residential flat rate be increased by $38, or 5.78 %, to $696; a water charge of $316.36 and a sanitary sewage charge that is 120% of the water charge or $379.64. ICI Metered Rates The proposed rates for metered industrial- commercial - institutional customers are detailed in Table 3. Similar to those for residential customers, ICI rate proposals are also restrained for 2007. The 3rd block would remain frozen, consistent with the plan set out in the financial management model to transition from a 4 -block to a 3- block structure as Saint John moves toward a higher standard of drinking water treatment. Our Business is Your Water/ Votre eau, c'est notre affaire Block Table 3: Block Usage Range (cubic metres / bimonthly) Rate ($ per cubic metre) Actual 2006 Proposed for 2007 Planned earlier for 2007 1 S` 0 to 100 0.84664 0.89553 ( +5.78 %) 0.93286 ( +10.18 %) 2nd 101 to 50,000 0.60562 0.64059 ( +5.78 %) 0.66730 ( +10.18 %) 3rd 50,001 to 250,000 0.36915 0.36915 (no change) 0.36915 (no change) 4d' Over 250,000 0.09550 0.11280 ( +18.12 %) 1 0.12600 ( +31.94 %) Our Business is Your Water/ Votre eau, c'est notre affaire _.�ohn iV Ali1�`k VFW, Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets By -Law Amendments - Rates January 24`", 2007 Page 13 Appendix `B" contains changes to the Water & Sewerage By -Law required to implement the 2007 water usage rates detailed in this report. PROPOSED 2007 CAPITAL BUDGET The primary reasons for the capital investments being proposed are founded in Saint John Water's core obligations: safety of public drinking water, the elimination of environmental contamination and a serious public health problem, and infrastructure sustainability. The ever increasing rigor in regulatory requirements is also making operational standards more demanding. It should be clear to the public that the costly capital initiatives being proposed are things that must be done. The proposed Capital Budget for 2007 totals $25,315,000; with $9.68 million sought from other governments and just over $15.63 million from users of utility services. A detailed listing of proposed projects is provided in Appendix "C" attached, with the location and a brief description of each also included. The work being contemplated for 2007 involves 39 projects designed to address the community's most pressing water and environmental needs. Common Council understands these needs — identified through its long -term strategic direction. Table 4: Proposed 2007 Capital Program Summary Category # Projects Other Share Utility Share Total Cost Infrastructure Renewal - Sanitary 12 $0 $1,750,000 $1,750,000 Infrastructure Renewal - Water 15 $660,000 $4,025,000 $4,685,000 Wastewater Treatment 2 $9,020,000 $4,510,000 $13,530,000 Water Service Needs 7 $0 $4,850,000 $4,850,000 Watershed Protection 3 $0 $500,000 $500,000 2006 Totals 39 $9,680,000 $15,635,000 $25,315,000 Our Business is Your Water/ Votre eau, c'est notre affaire _.�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets Recent Infrastructure Improvements Made and Underway January 24`", 2007 Page 14 Although construction of the Eastern Wastewater Treatment Facility could not commence in 2006; some major Harbour Clean -Up work did get started. Detailed engineering, design and other preliminary work is well underway for the major wastewater pumping station near Marsh Creek (at Marco Polo Bridge), along with related forcemain- sanitary collector installations along Bayside Drive and Red Head Road. These projects are funded through the Municipal Rural Infrastructure Fund (MRIF) Program in the amount of $8.3 million (cost- shared by the three levels of government). An important project completed in 2006 was the installation of 2.4 kilometres of new 600mm (24 -inch) replacement transmission main between Gault Road and Manchester Avenue ( —$2.5 million). This primary component of West water system reconfiguration was urgently needed from both a water quality and system reliability perspectives. Another important initiative of 2006 was the introduction of an extensive cleaning and lining program for old cast iron water mains; an investment of some $400,000. Over 2,000 metres of water distribution main was cleaned and lined — improving water quality to users, increasing fire flows substantially and bringing back the service life of mains. Other underground water system work involved renewal of 1,085 metres of distribution main, as well as the installation of 160 metres of new water distribution mains. Critical safety and reliability (electrical, mechanical and structural) improvements are being made at the Latimer Lake water treatment plant, at a cost of just under $2 million. Harbour Clean -Up: Wastewater Treatment Most notable among 2007 projects is the hoped for commencement of the $47 million Eastern Wastewater Treatment Facility, the project most vital to advancing Saint John Harbour Clean -Up. Construction of the 35,000 m3 /day secondary treatment plant is expected to take 24 months. Prior to that work commencing, however, environmental impact processes need to be finalized. The Federal part of those cannot even proceed until the Government of Canada has formally committed its 1/3 share of funding. The Province of New Brunswick has already committed its share and the City's allocation is incorporated into the financial management plan for Saint John Water. Design and specifications are essentially ready for a tender call in 2007, with planned funding set at: 25% in 2007; 50% in 2008; and 25% in 2009. Safe Drinking Water The highlight project in the Water Service Needs (safe drinking water) category involves replacement of the existing 475 mm steel water main across the Saint John River with two new 600 mm mains under the Reversing Falls Bridge, at an estimated cost of $2,500,000. Given the work's urgency, Council pre- approved the project in September. Our Business is Your Water/ Votre eau, c'est notre affaire ".�ohn iV Ae„ l.. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets January 24`", 2007 Page 15 Other large projects in this category involve improvements along Manawagonish Road for a dedicated feed to the new Churchill Heights Storage Reservoir ($805,000) and 270 metres of new 1050 mm transmission main along Pipeline Road East ($860,000). Infrastructure Renewal Twenty -seven (27) projects are set for Infrastructure Renewal categories in 2007: fifteen (15) in Water for $4,685,000 and twelve (12) in Sanitary at $1,750,000. Projects address the most pressing customer service, safety and reliability concerns, and include: cza $690,000 for the placement of (joint) seals in the 900 mm transmission main between Hickey Road and Lakewood Heights, to complete the seals on the 30" main between Marsh Creek (near Marco Polo Bridge) and the Lakewood Heights PS. This work will address long standing leakage concerns in areas adjacent to Loch Lomond Road cza $155,000 for design of a 1200 metre water system connection to the Harbourview Sub - Division. The lack of disinfection in the existing wellfield system is a serious concern; one that Department of Environment regulators are expected to order a solution on should the City not act. Furthermore, the current well /pump scheme does not provide fire flows. The public will be consulted in the planning and design process, and consideration given to other water needs in the Red Head area. ca $250,000 has been earmarked for upgrades to the East water fluoridation system, a cost that is higher than previously anticipated. ca $1 million is planned for cleaning and lining, with a focus on North water mains; 2/3 of that amount is being sought through a Municipal Green Fund application. ca $310,000 is proposed for the structural lining of approximately 370 metres of 250/300 mm watermain that crosses under the Saint John Throughway. ca The sanitary lift station serving the Cedar Point and adjacent subdivisions would be upgraded at an estimated cost of $230,000. ca Almost $700,000 is proposed for renewal of Manawagonish Road infrastructure between Coronation Drive and Fairville Boulevard. This work is planned in conjunction with storm sewer and street /sidewalk improvements. ca $190,000 is allocated for sanitary sewer infiltration work — to continue a program that has proven very effective over the last number of years. Caution Council should understand that despite these very significant investments, unmet water and wastewater needs will remain. Should any of these become problematic during the year, Council should expect recommendations for program adjustments. Our Business is Your Water/ Votre eau, c'est notre affaire _.�ohn iV Ae„ l Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets Capital Program Projections — 2007 to 2011 January 24`", 2007 Page 16 WgrOM"Frojections - 2007 to 2011 Year # Projects Other Share Utility Share Total Cost 2007 39 $9,680,000 $15,635,000 $25,315,000 2008 34 $18,160,000 $23,025,000 $41,185,000 2009 35 $10,100,000 $17,240,000 $27,340,000 2010 55 $5,560,000 $17,710,000 $23,270,000 2011 56 $13,060,000 $15,865,000 $28,925,000 RECOMMENDATIONS It is recommended that Common Council adopt the following resolutions for the 2007 Operating Budget and the 2007 Capital Budget for the Water & Sewerage Utility Fund: 1. RESOLVED that the estimated revenue for the Water & Sewerage Utility for the year 2007 in the amount of $29,727,081 be adopted (Appendix "A "); 2. RESOLVED that the estimate of expenses for the Water & Sewerage Utility for the year 2007 in the amount of $29,727,081 be approved (Appendix "A "); 3. RESOLVED that the By -Law entitled "A By -Law to Amend a By -Law Respecting Water & Sewerage" (Appendix `B ") be given first and second reading; and 4. RESOLVED that the Capital Budget for the year 2007 in the amount of $25,315,000, as set out in the attached schedule of projects (Appendix "C "), be approved. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner (for Saint John Water) Terrence L. Totten, FCA City Manager Gregory J. Yeomans, CGA, MBA Commissioner of Finance Our Business is Your Water/ Votre eau, c'est notre affaire c��ohn tai Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets APPENDIX "A" PROPOSED 2007 OPERATING BUDGET SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND Our Business is Your Water/ Votre eau, c'est notre affaire M& C2007-17 January 24, 2007 c��ohn tV. m 8 Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets SAINT JOHN WATER OPERATING BUDGET 2007 (Proposed) & 2008 (Planned 2006 BUDGET EXPENDITURES M& C2007-17 January 24�h, 2007 2007 2008 BUDGET BUDGET Watersheds 325,548 297,537 272,759 Water Treatment 1,531,520 1,581,494 1,626,464 Water Pumping & Storage 988,801 1,075,778 1,077,715 Water Systems 2,813,698 2,875,865 2,913,853 Hydrants & ICI Metering 797,942 937,886 857,689 Wastewater Collection 1,731,170 1,562,776 1,706,322 Wastewater Pumping 1,044,980 1,101,646 1,156,043 Wastewater Treatment 1,928,284 2,096,339 2,151,404 W & S Administration 3,016,324 3,340,763 3,332,825 Programs & Services 905,815 726,203 745,942 W & WW Engineering 1,018,777 904,267 926,110 Other Internal Charges 386,400 395,630 407,530 Net pension costs 200,000 500,950 515,980 16,689,259 17,397,134 17,690,636 Fiscal Charges Debt servicing 8,719,522 8,551,512 9,196,343 Capital from Operating 2,756,088 3,778,435 4,920,000 Total Fiscal Charges 11,475,610 12,329,947 14,116,343 Total Expenditures 28,164,869 29,727,081 31,806,979 REVENUES Fire Protection Levy 1,662,403 1,708,119 1,747,406 Storm Sewer Levy 1,128,781 1,153,960 1,188,579 Flat rate residential 11,072,382 11,728,974 12,612,166 Other revenues 225,000 225,000 225,000 Metered Accounts 14,076,303 14,911,028 16,033,828 Total Revenues 28,164,869 29,727,081 31,806,979 Our Business is Your Water/ Votre eau, c'est notre affaire `john Wa Y r Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets APPENDIX "B" PROPOSED 2007 CHANGES WATER AND SEWERAGE BY -LAW SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND Our Business is Your Water/ Votre eau, c'est notre affaire M& C2007-17 January 24th, 2007 �i�ohn tV. Y r Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets M& C2007-17 January 24, 2007 A BY -LAW TO AMMEND A BY -LAW RESPECTING WATER AND SEWERAGE Be it enacted by Common Council of the City of Saint John, as follows: A by -law of the City of Saint John entitled "A By -law respecting Water and Sewerage" enacted on the 7 t day of June, A.D. 2004, is hereby amended as follows: 1. Schedules "A" and "B" mentioned in section 44 are repealed, and Schedules "A" and `B" hereto annexed are substituted. Mayor or the member of the Council who Maire ou membre du conseil qui presidait presided at the meeting at which it was la reunion a laquelle Farrete a ete decrete enacted; and/ Common Clerk Secretaire municipale adjoint First Reading Premiere lecture Second Deuxieme Reading lecture Third Reading Troisieme lecture Our Business is Your Water/ Votre eau, c'est notre affaire c��ohn way Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets M& C2007-17 January 18', 2007 SCHEDULE "A" ANNEXE << A >> EFFECTIVE JANUARY 1, 2007 EN VIGEUR LE lER JANVIER 2007 FLAT RATE CUSTOMERS YEARLY TARIF FORFAITAIRE TARIF — WATER CHARGE POUR LES CLIENTS — ANNUEL REDEVANCESUR L'EAU $316.36 316,36$ Our Business is Your Water/ Votre eau, c'est notre affaire c��ohn way Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets SCHEDULE "B" EFFECTIVE JANUARY 1, 2007 METERED CUSTOMERS M& C2007-17 January 18', 2007 WATER SERVICE CHARGE METER SIZE YEARLY MONTHLY BI- MONTHLY 15mm 129.84 10.82 21.64 20mm 189.84 15.82 31.64 25mm 279.72 23.31 46.62 40mm 489.84 40.82 81.64 50mm 729.72 60.81 121.62 75mm 1,316.88 109.74 219.48 100mm 2,409.24 200.77 401.54 150mm 4,209.00 350.75 701.50 200mm 6,008.64 500.72 1,001.44 250mm & up 8,408.04 700.67 1,401.34 CONSUMPTION CHARGE MONTHLY PER CU.M For the first 50 cu.m./monthly 0.89553 For the next 24,950 cu.m/monthly 0.64059 For the next 100,000 cu.m./monthly 0.36915 For all in excess of 125,000 cu.m./monthly 0.11280 CONSUMPTION CHARGE BI- MONTHLY PER CU.M For the first 100 cu.m./bi- monthly 0.89553 For the next 49,900 cu.m. /bi- monthly 0.64059 For the next 200,000 cu.m./bi - monthly 0.36915 For all in excess of 250,000 cu.m./bi - monthly 0.11280 Our Business is Your Water/ Votre eau, c'est notre affaire c��ohn tV. Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets ANNEXE << B >> EN VIGUEUR lER JANVIER 2007 CLIENTS AVEC COMPTEUR M& C2007-17 January 18', 2007 TARIF DES SERVICES D'EAU DIMENSION DU COMPTEUR TARIF ANNUEL N TARIF MENSUEL ($) TARIF BIMESTRIEL 15 mm 129,84 10,82 21,64 20 mm 189,84 15,82 31,64 25 mm 279,72 23,31 46,62 40 mm 489,84 40,82 81,64 50 mm 729,72 60,81 121,62 75 mm 1316,88 109,74 219,48 100 mm 2409,24 200,77 401,54 150 mm 4209,00 350,75 701,50 200 mm 6008,64 500,72 1001,44 250 mm et plus 8408,04 700,67 1401,34 FRAIS DE CONSOMMATION MENSUEL PAR M3 Pour les 50 premiers m m ar mois 0,89553 Pour les 24 950 m suivants m j par mois 0,64059 Pour les 100 000 m3 m3 par mois 0,36915 suivants 3 m bimestriel 0,11280 Pour toute consommation m 3 mois 0,11280 au -dela de 125 000 m3 par FRAIS DE CONSOMMATION BIMESTRIEL PAR MI Pour les 100 premiers m 3 m 3 bimestriel 0,89553 Pour les 49 900 m suivants m bimestriel 0,64059 Pour les 200 000 m3 suivants m3 bimestriel 0,36915 Pour toute consommation au -dela de 250,000 m3 3 m bimestriel 0,11280 Our Business is Your Water/ Votre eau, c'est notre affaire c��ohn tai Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets APPENDIX "C" PROPOSED 2007 CAPITAL PROGRAMS SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND Our Business is Your Water/ Votre eau, c'est notre affaire M& C2007-17 January 24, 2007 Proposed Program Summary For - 2007 Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 12 $0 $1,750,000 $1,750,000 Infrastructure Renewal - Water 15 $660,000 $4,025,000 $4,685,000 Wastewater Treatment 2 $9,020,000 $4,510,000 $13,530,000 Water Service Needs 7 $0 $4,850,000 $4,850,000 Watershed Protection 3 $0 $500,000 $500,000 TOTALS: 39 $9,680,000 $15,635,000 $25,315,000 Summary of Capital Costs (Utility Share) Watershed Protection Infrastructure 3.2% Renewal - Sanitary 11.2% Water Service Needs 31.0% Infrastructure Renewal - Water 25.7% Wastewater Treatment 28.8% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - * *: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Cedar Point Subdivision At Cedar Point Park sanitary lift Upgrade sanitary lift station handling capacity 0 230,000 station in accordance with previous study, including design and construction management services Elgin Street Newman Street to Victoria Street Renew approx. 90m of 300mm (1928) with 0 85,000 new 200mm sanitary sewer, including design and construction management services Gault Road At Gault Road sanitary lift Electrical upgrades to lift station, including 0 75,000 station design and construction management services Karen Street Between Civic #147 and Sharon Install approx. 160m of new 200mm sanitary 0 170,000 Avenue sewer to extend system and redirect approx. 11 laterals from existing sanitary sewers behind the properties, including design and construction management services Manawagonish Road (MDH #100) - Coronation Renew approx. 425m of 200mm, 250mm, and 0 330,000 Avenue to Fairville Boulevard 300mm sanitary sewer, including design and construction management services (Pre - approved by Common Council on December 19, 2006; M & C No. 2006 -333) Saint John East Sanitary Champlain Heights / Industrial Rehabilitation of manholes the sanitary system 0 80,000 Sewer Infiltration Study Parks East area in the area to correct ground water / storm flow infiltration based on the previous study, including design services Saint John East Sanitary Forest Hills / Glen Falls Trailer Study of sanitary system in the area to 0 60,000 Sewer Infiltration Study Park / Morland Trailer Park areas determine sources of ground water / storm flow infiltration, including design services Saint John West Sanitary Milford / Dominion Park area Study of sanitary system in the area to 0 50,000 Sewer Infiltration Study determine sources of ground water / storm flow infiltration, including design services SCADA System Wastewater Distribution System Funding to supplement the 2005 Capital 0 370,000 at various locations Program for Phase II of the installation of computer monitoring equipment for wastewater distribution system, including design and construction management services Wastewater Treatment Lancaster and Millidgeville Engineering study to determine requirements 0 50,000 Facilities Wastewater Treatment Facilities for the sizing of backup electrical generators at the treatment facilities, including design services Wastewater Treatment Morna Heights and Greenwood Engineering study to determine efficiencies of 0 50,000 Facilities Subdivision Wastewater the existing treatment facilities, including Treatment Facilities design and construction management services MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing Of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - * *: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Westgate Park At Westgate Park sanitary lift Upgrade sanitary lift station and forcemain 0 200,000 station system in accordance with previous study and design, including construction management services TOTAL: $0 $1,750,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - * *: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Water Project Location Description Other Utility Share Share Easement / Land Various locations Acquisition of easements or land, or survey 0 45,000 Acquisition; Survey work, required for future Capital Projects Work Elgin Street Newman Street to Victoria Street Renew approx. 90m of 200mm C.I. watermain, 0 85,000 including design and construction management services Fairville Boulevard Fairville Boulevard to Design for structural lining of approx. 670m of 0 25,000 Honeysuckle Drive; Beaver 300mm watermain under the Saint John Court to Sherbrooke Street Throughway, including design services Harbourview McAllister Industrial Park to Design for installation of approx. 1200m of 0 155,000 Subdivision Water Harbourview Subdivision new 300mm watermain and PRV to connect System Harbourview Subdivision Water System to the City's Eastern Water Distribution System, easement acquisition including design services Latimer Lake At Latimer Lake Upgrades to fluoridation system, including 0 250,000 design and construction management services Loch Lomond Road Hickey Road to Lakewood New seals for 900mm transmission main, 0 690,000 Heights Subdivision (end of including design and construction management lock joint pipe) services Manawagonish Road (MDH 4100) - Coronation Renew or clean and line approx. 440m of 0 360,000 Avenue to Fairville Boulevard 300mm C.I. watermain, including design and construction management services (Pre - approved by Common Council on December 19, 2006; M & C No. 2006 -333) Marsh Street Frederick Street to Forest Street Renew existing valves and chambers on 0 405,000 900mm transmission main; renew butterfly valve and air valve on 500mm watermain, including design and construction management services Rothesay Avenue At Rothesay Avenue Installation of automatic electrical transfer 0 75,000 Complex switch and all necessary appurtenances as upgrade to the existing electrical system, including design services SCADA System Water Distribution System at Funding to supplement the 2005 Capital 0 370,000 various locations Program for Phase II of the installation of computer monitoring equipment for water distribution system, including design and construction management services Spruce Lake At Water Treatment Plant Refurbishment of electrical and mechanical 0 500,000 systems, including design and construction management services (Pre- approved by Common Council on August 1, 2006; M & C No. 2006 -221) MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing Of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - * *: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Water Project Location Description Other Utility Share Share Station Street Station Street to Paradise Row / Structural lining of approx. 370m of existing 0 310,000 Hilyard Street 250mm and 300mm watermains under the Saint John Throughway between Station Street and the Paradise Row / Hilyard Street area, including design and construction management services Thorne Avenue / Crown Thorne Avenue to Lower Cove Design for the decommissioning of the existing 0 15,000 Street Loop 500mm and 300mm watermains between Thorne Avenue and the old Sugar Refinery location, including design services Transmission Main #3 Old Champlain Drive to Design for renewal of approx. 1700m of 0 400,000 East Westmorland Road near deteriorated 600mm Transmission Main #3, Ellerdale Street (PRV location) easement acquisition, including design services * Watermain Cleaning and Various locations Cleaning and lining of existing C.I. watermains 660,000 340,000 Lining to improve water quality and flows in the area, including design and construction management services (Other funds to be obtained from Green Municipal Fund) TOTAL: $660,000 $4,025,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS This is a tentative program listing Of proposed capital projects. RDH: REGIONALLY DESIGNATED HIGHWAYS p g g ro p p p p w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - * *: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Wastewater Treatment Project Location Description Other Utility Share Share * Eastern Wastewater At Hazen Creek Construction of new upgraded sewage 7,920,000 3,960,000 Treatment Facility treatment plant, outfall extension, including construction management services - 25% funding (Subphase A) * Wastewater Treatment Various locations Design of Sanitary Lift Stations and 1,100,000 550,000 System Design Forcemain/Collector systems to be installed in future Capital Programs to implement Harbour Cleanup in accordance with the Wastewater Strategy, including design services TOTAL: $9,020,000 $4,510,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - * *: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Water Service Needs Project Location Description Other Utility Share Share Flow Monitoring Water Distribution System Manawagonish Road Coronation Avenue to Centennial Drive, including Centennial Drive to Churchill Heights Standpipe location Installation of system meters for monitoring of 0 245,000 flows and data collection on the water distribution system in accordance with the Water Strategy, including design services. Install approx. 1110m of new 300mm 0 805,000 watermain as a dedicated feed for the new Churchill Heights Storage Reservoir, proposed as part of the reconfiguration of the water distribution system, including design and construction management services (Phase 2 of 2) (Pre- approved by Common Council on December 19, 2006; M & C No. 2006 -333) Pipeline Road East Latimer Lake screen house to Installation of approx. 270m of new 1050mm 0 860,000 old Dry Lake Chamber location transmission main, 3 chlorine injection chambers and 3 chlorine sampling chambers, including design and construction management services (Project made possible by Federal Gas Tax Revenue) Pipeline Road West Spruce Lake to Gault Road Design for installation of approx. 3400m of 0 320,000 new 600mm Transmission Main and 1380m of 200mm distribution watermain proposed as part of the reconfiguration of the water distribution system, including design services. Reversing Falls Bridge Reversing Falls Bridge Renew existing 475mm watennain with 2 new 0 2,500,000 600mm watermains proposed as part of the reconfiguration of the water distribution system, including design and construction management services (Pre- approved by Common Council on September 25, 2006; M & C No. 2006 -268) Sandy Point Road Sandy Point Road (Cranberry Land acquisition for proposed water storage 0 20,000 Storage Reservoir Hill area) reservoir Water Distribution Various locations Install new watermains, fire hydrants, and 0 100,000 System - Water Quality valves to eliminate dead -ends and address water quality issues in the water distribution system, including design and construction management services TOTAL: $0 $4,850,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - * *: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Watershed Protection Project Location Description Other Utility Share Share Watersheds Loch Lomond Watershed Land acquisition for watershed protection 0 200,000 Watersheds To Be Determined Structure evaluation and dam condition report, 0 100,000 including design services - Phase 2 of 3 Watersheds Various locations Construction of facilities to protect watersheds 0 200,000 from runoff from highway hazards, including design and construction management services TOTAL: $0 $500,000 REPORT TO COMMON COUNCIL M & C 2007 19 January 26, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Saint John Water — 2006 Annual Water Report BACKGROUND 71r � I The City of Saint john Municipalities in New Brunswick operate public drinking water systems under conditions set out in certificates of Approval to Operate drinking water treatment and distribution facilities. Developed by the Department of the Environment, in collaboration with the Department of Health, these formal approvals set out standards for water treatment plants, distribution facilities and system operators that strive to assure safe drinking water. The City of Saint John (as the Approval Holder) provides drinking water services to the public under authority of Approval to Operate W -254 Drinking Water Distribution & Treatment Facilities issued by the Minister of the Environment. The certificate represents formal authorization to the Approval Holder to operate drinking water facilities. It directs that: "The Approval Holder shall keep the operation of the Facilities in compliance with the Water Quality Regulation 82 -126 under the Clean Environment Act and the Potable Water Regulation 93 -203 under the Clean Water Act of the Province of New Brunswick. Violation of this Approval or any condition herein stated constitutes a violation of the Clean Environment Act and/or the Clean Water Act." The certificate of Approval to Operate is a regulatory tool designed to enhance a municipality's ability to manage its drinking water services; to establish clear guidance and common understanding among all concerned with providing high quality, safe and reliable drinking water for the community. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 2 Protective Barriers Management of Saint John Water is based on the system of protective barriers designed to provide a comprehensive "source to tap" protective web. Source Water Treatment Operations & Maintenance Monitoring & Alarms Distribution System Emergency Response For instance Municipal Operations & Engineering is preparing a contingency plan for business continuity; one that will serve during the predicted influenza pandemic, when it is expected that an outbreak could seriously disrupt personnel availability and, therefore, operations and service delivery. Annual Report Condition #51 in the certificate requires submission of an annual report to the Department of the Environment (Director, Stewardship Branch), prepared in accordance with a standard template provided by the Department. The report provides pertinent technical and operating information to the regulator on the water systems: Analytical results (microbiological, organic and inorganic); System monitoring plan (including historical data on free chlorine residual, turbidity, pH, temperature, iron, manganese, and other aspects of water quality) Water production data; Annual chemical consumptions (chlorine and fluoride); Operational highlights (incidents and improvements) Summary of backflow prevention and cross - connection activities; Summary of flushing activities; Operator information (training, certifications and staffing changes); and Information to the public. ANALYSIS The water system of the City of Saint John is by far the largest in the Province of New Brunswick. The Saint John Water — Annual Water Report with all its attachments consists of hundreds of pages of facts and data. Rather than table such a voluminous document with each member of Council, only the main body of the Annual Water Report is attached hereto, with its various sections summarized herein. A full copy of the report with all appendices is on file with the Common Clerk. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 3 Tntrnrl n efi nn Cindy Wilson /Telegraph- Journal Saint John Water a division of the City of Saint John is responsible for the delivery of water and wastewater services. In accordance with condition #51 of the Approval to Operate, the annual report is intended to provide the Department of the Environment (system regulator) with pertinent information relating to operation of the municipal water system in 2006. Analytical Results Over the course of the year, the City analyzed raw water sources from 14 locations giving a total of 55 analytical results for each of those sampling locations. These samples indicate the quality of water available from lakes that are the sources of our drinking water. To ensure system water is safe to drink, samples are collected from 30 sites throughout the distribution network. These sites are analyzed for bacteriological properties weekly. Eighteen of those sites are analyzed for inorganic chemistry semi - annually, and for organic chemistry quarterly. In addition, Saint John Water samples weekly all temporary water mains. In addition to the noted above testing, several other water parameters are tested routinely to monitor system safety and drinking water quality. These measures include chlorine residual data, pH, fluoride, turbidity, total dissolved solids, iron and conductivity. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 4 Spruce Lake System For the first time in a number of years all main line water meters in the Spruce Lake System are operational. In addition those meters are read daily allowing for the reporting of peak daily figures for this system. During 2006, annual water production for the Spruce Lake system was approximately 6.7 billion Imperial Gallons, a slight decrease from 2005 annual Spruce Lake water production which was just under 7.0 billion Imperial Gallons. In 2006 peak monthly production was 720.4 million Imperial Gallons and comparatively in 2005 peak monthly production exceeded 915 million Imperial Gallons. Consumption fluctuations on the Spruce Lake system are primarily as a result of industrial demands, given that domestic consumptions remain relatively constant during the year and represents a far smaller proportion of total western flows (both actual and potential). Industrial demand increases are typically related directly to temperature increases, as a significant portion of the water is used for cooling purposes. 2006 Spruce Lake System Monthly Production 300 -- —tt 200 - tt Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. When the level of Spruce Lake reached 197.4' on September 6th staff turned on the 2000hp Musquash pumps and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to supplement the domestic and industrial demand on the Spruce Lake system. The pumps were turned off on PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 5 October 30th, 2006 when the lake elevation reached 201.2'. A total volume of 963.5 million Imperial Gallons of water was transferred. Loch Lomond System During 2006, annual water production for the Loch Lomond system was slightly under 9.4 billion Imperial Gallons, a very marginal decrease of 1.4 percent (1.4 %) from 2005 Loch Lomond water production, which was just over 9.5 billion Imperial Gallons. 2006 Loch Lomond System Monthly Production 1,200 1,000 U) 800 0 E m 600 c� Q E 400 200 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Combined Systems Combining the 2006 average daily water production monthly for both the western and eastern systems shows the overall system production (east and west combined) remained relatively constant at just over approximately forty -four million imperial gallons per day versus forty -five million in 2005. The reason for the overall system monthly production increase during the June to September /October period can largely be explained by big industrial users' annual summer season increase of approximately ten million Imperial Gallons on average. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 6 2006 Combined Systems (Spruce & Loch Lomond) Average Daily Production 60 0 55 n c 50 0 F 45 m 40 Q E 35 30 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Chemical Consumption During 2006, a total of 188.3 tonnes of liquid chlorine were consumed in the Loch Lomond System, 207.9 tonnes of sodium hypochlorite in the Spruce Lake System and 147.1 tonnes of hydrofluosilicic acid were consumed in both systems combined. Operational Events A unidirectional flushing program was performed in Saint John for the first time in the fall of 2005. 2006 saw the expansion of this program and it is expected to grow until the entire water system is flushed in this manner. The areas flushed for 2006 took in streets in West Saint John, south of the Saint John Throughway. An assessment undertaken in 2005 indicated the need for upgrading the electrical, mechanical and structural systems at the Latimer Lake Chlorination Facility and of the electrical system at the Spruce Lake Pumping and Chlorination Facility. The work is ongoing with a completion date of early 2007. April 1 st to 4th, 2006 the Federal - Provincial - Territorial Committee on Drinking Water sponsored the 12th Canadian National Conference and 3rd Policy Forum on Drinking Water. It was held in Saint John and attended by over 280 key government regulators, utility managers, public health inspectors, researchers, students and others from across Canada. Concurrent with this conference, Saint John Water opened public displays on the history of the local water system. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 7 Working with the local Department of Health office, on April 21st staff of Saint John Water gave a tour of water facilities to a group of Public Health Inspectors. This is part of the ongoing outreach efforts of Saint John Water to keep the lines of communication open with our regulators. In May 2006 the lab staff of Saint John Water applied and successfully attained a Certificate of Laboratory Proficiency from the Canadian Association for Environmental Analytical Laboratories (CAEAL) for a number of parameters. Fluoridation of potable water from the Latimer Lake Chlorination Facility was halted on June 6th 2006 due to a fire in one of the bulk storage silos for Hydrofluosilicic acid. Investigation into the cause of the fire and remediation of the damage is ongoing. Saint John Water presented to Common Council at its June 19th, 2006 session a comprehensive contingency plan for public health or environmental emergencies related to drinking water facilities. A preliminary training session on the contingency plan for Saint John Water staff was conducted September 7th, 2006. CBC Radio did a day long feature on drinking water issues August 16th, 2006. In addition to interviewing a number of other professionals from the Maritimes, CBC conducted a regional call -in talk show on water quality issues with the Chief Water Quality Inspector for Saint John Water answering questions from across the three provinces. The Canadian Institute of Public Health Inspectors met in Saint John during October 2006. As part of their continuing education program, Saint John Water presented a session on the evolution of water treatment and its impact on public health over the centuries. This talk also highlighted the urgent need for full treatment in Saint John's drinking water system. During the period November 27 to December 4, 2006 staff of Saint John Water while supplying the Rockwood Park High Zone from the Park Street Pump Station, drained and cleaned the Rockwood Park Tank at Fisher Lakes and returned the tank to service after appropriate quality testing. During the early morning of December 2, 2006 a four -wheel drive truck went off Loch Lomond Road and entered First Loch Lomond Lake. Fortunately no fluid drained from the truck and tests were conducted to ensure that no contaminants entered the water. Approved in the 2006 capital program and carried forward to 2007, $200,000 has been allocated to the construction of facilities to protect the Loch Lomond watershed from runoff associated with highway hazards. An additional $200,000 has been proposed for the 2007 capital program. As of December 31, 2006 there were 1439 testable backflow prevention devices registered with the City of Saint John Cross Connection Control Program. Of these 119 were installed in 2006; 55 of which are premise isolation devices. As the Backflow Prevention and Cross Connection PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 8 Control Program evolves, an emphasis has been placed on commercial water customers needing to install devices as well as keeping existing devices up to date. The winter of 2005/2006 was considerably milder than the previous one: distribution staff at Saint John Water encountered literally no frozen services. In the summer of 2006 staff excavated and either lowered or insulated 59 services that had frozen during the winter of 2004/2005. In 2006 operations repaired 69 water main breaks ranging in size from 100mm to 600mm. This was a decrease of 6 breaks over 2005 and a decrease of 3 breaks over 2004. The City of Saint John's new Churchill Heights water storage tank was chlorinated, drained, microbio logically tested and permanently put into service in the spring of 2006. The old Lancaster tank was demolished in March 2006. Condition #71 of the Approval to Operate requires submission of a report listing all cross - connections (ie: flushings) between the potable water system and the sanitary sewer system, and a detailing of mitigation measures to be taken. Staff have identified 115 such flushings. Field evaluations of each location are currently underway. A complete report listing all locations, remediation steps to be taken and scheduling of that work will be produced and sent to the Department of Environment by July 31St, 2007. On the morning of November 24th, 2007 a 24" water main failed resulting in a substantial loss of pressure across the eastern water system. Crews quickly isolated the break and service was restored. This particular water main was installed in 1857, and is made of cast iron. Cabital Water Svstem Imbrovements During 2006, Municipal Operations and Engineering (Saint John Water) administered a total of 16 water related capital projects designed to renew, rehabilitate, expand and monitor water system infrastructure while improving water quality in a number of instances. In 2006, the utility share of capital funding to water related categories (which are made up of water infrastructure renewal, water service needs and watershed protection) totaled $7.765 million dollars or 45.8% of the utility share of capital expenditures. This represents an increased investment in the water system of $765,000 over 2005 Following a highly successful pilot project in May, 2006, City staff undertook a large scale water main cleaning and lining project to address long- standing water quality issues in two neighbourhoods. City Council allocated $400,000 to clean and line approximately 2000m of old, unlined, cast iron pipes, some dating back as far as 1898. Building on the success of the 2006 project, the City has initiated an annual program of cleaning and lining water mains. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 9 Operator Training & Certification Governments in Canada have given increased attention to the operation and maintenance of water and wastewater systems and the pivotal role they play in providing for public health and protection of the environment. This increased attention has led to new regulatory regimes, including provisions for the training and certification of staff. Since 2001, Saint John Water has been working with the New Brunswick Community College - Saint John in developing training programs. Great progress continues to be made advancing the development of high quality training opportunities for operators across New Brunswick. A detailed training and certification summary is included in the annual report. RECOMMENDATION It is recommended that Common Council receive and file this report, and authorize staff to forward the 2006 Saint John Water - Annual Water Report to the Department of the Environment on behalf of the City of Saint John (Approval Holder). Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A City Manager PDF created with pdfFactory trial version www.pdffactory.com ohn �ater.V4a AO" 1 4 :* Cindy Wilson/Telegraph- Journal 2006 - Annual Water Report January 2007 PDF created with pdfFactory trial version www.pdffactory.com 2006 Saint John Water - Annual Water Report Table of Contents Page Introduction 1 Protective Barriers 2 Annual Report 2 Analytical Results 3 Raw Water and Distribution System 3 Sampling 3 Monitoring Results 4 Water Production 5 Spruce Lake System 5 Loch Lomond System 7 Combined 9 Chemical Consumption 9 Operational Events 9 Water Quality 9 Backflow Prevention and CCC 12 Water Distribution 13 PDF created with pdfFactory trial version www.pdffactory.com Capital Water System Improvements 14 Operator Training & Certification 16 Training & Certification Plans 23 Operator training Plan — Water Treatment 23 Operator Certification — Water Treatment 24 Operator Training Plan — Water Distribution 24 Operator Certification — Water Distribution 25 Human Resources 26 Responsible Staff 26 New Hires 27 Internal Staffing Changes 28 Public Information 31 Communication 31 Customer Service 31 Commitment 31 APPENDICES A. East & West Raw Water Sample Sites B. Raw Water Analytical Results C. Raw Water & Distribution System Organic & Inorganic Analytical Results D. Monthly Water Testing Summaries E. Water Sampling Plan F. Chlorine Residual Assurance Program - Data G. Freshwater data Sheets & Chlorine Residual Data H. Approved 2006 Water & Sewerage Utility Fund Capital Program I. Proposed 2007 Water & Sewerage Utility Fund Capital Program J. 2007 Training & Development Schedule K. CAEAL Accreditation Saint John Laboratory Services Ltd L. Certifications Achieved to Date PDF created with pdfFactory trial version www.pdffactory.com M. Summary 2006 Water Main Breaks N. 2006 Staff Training Summary O. CAEAL Proficiency Certification Saint John Water Environmental Laboratory P. Examples of Weekly Construction Reports Q. Hydrant Flushing Ads R. Newspaper Article S. 2006 Customer Requests Relating to Pressure and Water Discolouration T. Examples of Field Test Unit Functional Check Record U. Contact List Reviews PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 1 2006 Saint John Water - Annual Water Report INTRODUCTION Under an Act of the Legislature of the Province of New Brunswick, the Commissioners of Sewerage and Water began on the 29th of June, 1855 to manage the combined operations of the collection and disposal of sewage and the provision of potable water to the citizens of Saint John and Portland. On March 2"d, 1857 Commissioners John Sears, John M. Walker, and John Owens presented the first annual report, pictured to the right, to "all interested in the works placed under their management ". Annexed to that first report were the Report of the Superintendent of Works and the Report of the Auditors appointed by the Common Council, on the Accounts of the Commissioners. Currently Saint John Water a division of the City of Saint John is responsible for the delivery of water and wastewater services. On this sesquicentennial of that first Annual Report, Saint John Water is pleased to submit the "2006 Saint John Water - Annual Water Report ' . ILRAIGE AND WATER COJIMF i 'T'Y C1.L' S:1L 'f' JOHN RT474 OR POIlTEa -VD. me tli li f67f Iai& aewrx�i�, a. y, Iw17[en '�5' nmx�e,snv i�ar, Saint John Water provides drinking water services to the public and operates its water systems under Approval to Operate W -254: Drinking Water Distribution & Treatment Facilities. This Approval to Operate was issued by the New Brunswick Minister of the Environment effective April 1, 2006. The City's current certificate is valid for a 5 -year period from April 1, 2006 to March 31, 2011. The certificate represents formal authorization to the City of Saint John (Approval Holder) by the Minister to operate drinking water facilities. It directs that: "The Approval Holder shall keep the operation of the Facilities in compliance with the Water Quality Regulation 82 -126 under the Clean Environment Act and the Potable Water Regulation 93 -203 under the Clean Water Act of the Province of New Brunswick. Violation of this Approval or any condition herein stated constitutes a violation of the Clean Environment Act and/or the Clean Water Act." PDF created with pdfFactory trial version www.r)dffactory.com r 'U, "', �knll a 2006 Annual Water Report 2 Since April 2003, all municipal water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. These regulatory tools, developed in collaboration with the Department of Health, set standards for water treatment plants, distribution facilities and system operators that strive to ensure safe and reliable drinking water for the community. Originally four separate Approvals were issued to the City for a 3 -year period. Upon their expiry, they were updated and consolidated into the current Approval. Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation of systems supplying water to the public. Protective Barriers Safe drinking water is essential for the protection of public health and for the economic vitality of Saint John. It is understood however that drinking water is vulnerable to contamination from many potential threats. Management of Saint John Water is based on the system of protective barriers established by the Department of the Environment, in consultation with the Department of Health. Saint John Water recognizes the merits of such a comprehensive "source to tap" system. Source Water: Raw water quality, ground or surface, source details, surrounding land uses, local geology; Treatment: Unit operational details and performance, disinfection performance, capacity, flow rates; Operations & Maintenance: Staffing levels, operator education and certification, communications, management structure, maintenance; Monitoring & Alarms: Sampling plan, alarms, lab testing, record keeping and reporting; Distribution System: Residual chlorine, total coliform, E. coli, THMs, age of infrastructure, storage reservoirs, flushing, backflow prevention and cross connection control; and Emergency Response: Plans for natural disasters, boil order plan, safety training, back -up power. This protective web is designed to enhance water quality and assist in preventing contamination from reaching consumers by fully developing the system to ensure the multiple barriers are in place. Annual Report Condition #51 of the certificate requires submission of an Annual Report to the Department of the Environment. The report provides pertinent technical and operating information to the regulator on the City's water systems: PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report i✓ Analytical results (microbiological, organic and inorganic); System monitoring plan (including historical data on free chlorine residual, turbidity, pH, temperature, iron, manganese, and other aspects of water quality) Water production data; Annual chemical consumptions (chlorine & fluoride); Operational highlights (incidents & improvements) Summary of backflow prevention and cross - connection activities; Summary of flushing activities; Operator information (training, certifications & staffing changes); and Information to the public. ANALYTICAL RESULTS Raw Water and Distribution System During 2006, the Saint John Water analyzed raw water sources in the eastern water system from ten locations and in the western water system from four locations. This raw water sampling is in addition to the water quality sampling plan approved by the Department of Health and is summarized on the following page. Appendix A includes maps of the east and west systems identifying the raw water sample sites. Appendix B provides a summary of all fifty -five parameters for each of the respective raw water sampling locations on the noted dates. Further to the raw water tests; the approved water sampling plan that was followed during 2006 required that samples be collected weekly at thirty locations throughout the three water systems and microbio logically tested. Eighteen of the sites are analyzed semi- annually for inorganics and quarterly for organics. Organic and inorganic analytical results are included in Appendix C noting each location where the respective samples were collected. In addition to the aforementioned sampling, Saint John Water also samples weekly all the temporary water mains. Weekly microbiological results for E.coli (EC) and Total Coliforms (TC) and the monthly results for Heterotrophic Plate Counts (HPC) are included in Appendix D. Sampling The sampling plan adhered to during 2006, as approved by the Department of Health, is summarized below. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 4 Bacteriological (weekly sampling) Source Raw Water Distribution System Loch Lomond 1 17 Spruce Lake 1 9 Red Head 2 0 Total 4 26 Inorganic (semi - annual sampling) Source Raw Water Distribution System Loch Lomond 1 10 Spruce Lake 1 4 Red Head 2 0 Total 4 14 Organic (quarterly sampling) Source Raw Water Distribution System Loch Lomond 1 10 Spruce Lake 1 4 Red Head 2 0 Total 4 14 A full copy of the sampling plan, developed in conjunction with the Department of the Environment and the Department of Health, is contained in Appendix E. With respect to water testing, the City currently utilizes a number of laboratories; however the primary local analytical service provider is Saint John Laboratory Services Ltd. Other laboratories used from time to time are; Aztec Laboratory Inc., Saint John; and Maxxam Analytics Inc., Halifax. Consideration is given to the proximity of the lab to the water system when selecting an analytical service as travel time delays results and could adversely impact the quality of samples being transported. During both 2005 and 2006, Saint John Laboratory Services Ltd. received accreditation for a number of specific tests however not all parameters. At the Approval Compliance Evaluations (ACE) in 2005 and in 2006, this was noted by the Department of the Environment. Saint John Water awaits direction. Appendix K contains summaries of accreditations currently held by Saint John Laboratory Services Ltd. In 2006 the City continued its involvement with WaterTrax: the utility data management service. The program had been sponsored by the Department of the Environment with the purpose of electronically consolidating water quality data from various sources such as laboratories and field staff allowing secure online access by the City of Saint John, the Department of Health and the Department of the Environment. Financial support is no PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report E longer available from the Province for this program, however, it is expected that a number of New Brunswick water utilities, including Saint John Water, will be supporting the continued use of this database. Monitoring Results Since June 2004 a chlorine residual assurance program manually tests for effective disinfection every 4 hours, everyday, in both the east and west systems. The data collected during 2006 is summarized in tabular format in Appendix F. It is expected that these tests will be done by online analyzers once the SCADA system upgrade is complete. Included in Appendix G is the chlorine residual data collected as part of the regular water testing program as well as other regularly monitored data, such as pH, turbidity, fluoride, total dissolved solids, conductivity and iron levels. The testing for iron has been increased to become a routine test this past year, whereas it had been previously only done on request from operations staff. Monitoring of source water turbidity has been added to the list of daily tests conducted — this is changed from last year where such readings were done only weekly. WATER PRODUCTION Spruce Lake System For the first time in a number of years all main line water meters in the Spruce Lake System are operational. In addition those meters are read daily allowing for the reporting of peak daily figures for this system. During 2006, annual water production for the Spruce Lake system was approximately 6.7 billion Imperial Gallons, a slight decrease from 2005 annual Spruce Lake water production which was just under 7.0 billion Imperial Gallons. In 2006 peak monthly production was 720.4 million Imperial Gallons and comparatively in 2005 peak monthly production exceeded 915 million Imperial Gallons. Consumption fluctuations on the Spruce Lake system are primarily as a result of industrial demands, given that domestic consumptions remain relatively constant during the year and represents a far smaller proportion of total western flows (both actual and potential). Industrial demand increases are typically related directly to temperature increases, as a significant portion of the water is used for cooling purposes. PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report Spruce Lake System 2006 Combined - Domestic and Industrial Water Production ,J r ' • P a` S •� a,�l a�. Map of Western Watersheds PDF created with pdfFactory trial version www.pdffactory.com PEAK DAILY MONTHLY PRODUCTION PRODUCTION MONTH (Imp. Gal.) (Imp. Gala January 20,547,840 521,964,298 February 19,951,416 428,478,182 March 24,312,216 457,273,544 April 18,168,688 503,874,985 May 21,089,461 569,205,135 June 24,311,987 618,323,823 July 26,255,416 669,943,735 August 27,066,069 720,411,402 September 23,989,511 661,423,045 October 18,365,635 532,380,469 November 19,728,956 552,695,823 December 18,217,286 476,588,257 ,J r ' • P a` S •� a,�l a�. Map of Western Watersheds PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report 2006 Spruce Lake System Monthly Production 1,000 900 800 700 600 E m 500 CD Q 400 E 300 -- — tt —tt 200 100 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. 7 When the level of Spruce Lake reached 197.4' on September 6th staff turned on the 2000hp Musquash pumps and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to supplement the domestic and industrial demand on the Spruce Lake system. The pumps were turned off on October 30th, 2006 when the lake elevation reached 201.2'. A total volume of 963.5 million Imperial Gallons of water was transferred. Loch Lomond System During 2006, annual water production for the Loch Lomond system was slightly under 9.4 billion Imperial Gallons, a very marginal decrease of 1.4 percent (1.4 %) from 2005 Loch Lomond water production, which was just over 9.5 billion Imperial Gallons. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report Loch Lomond System 2006 Combined - Domestic and Industrial Water Production PDF created with pdfFactory trial version www.pdffactory.com PEAK DAILY MONTHLY PRODUCTION PRODUCTION MONTH (Imp. Gal.) (Imp. Gal.) January 28,046,634 792.630873 February 27,650,682 731.060262 March 28,222,613 810.646711 April 26,814,782 763.880323 May 28,464,584 787.131533 June 28,838,539 789.793213 July 28,706,555 836.493609 August 50,945,297 880.993193 September 46,050,664 970.008514 October 33,074,566 775.423189 November 25,110,691 603.254200 December 21,080,000 653.480000 PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report 9 a Al y }s 9 ' t N r Map of Eastern Watersheds 2006 Loch Lomond System Monthly Production 1,200 1,000 U) 800 0 m 600 0 Q 400 200 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. PDF created with pdfFactory trial version www.r)dffactory.com 'U, "', �knll a 2006 Annual Water Report 10 Combined Systems Combining the 2006 average daily water production monthly for both the western and eastern systems shows the overall system production (east and west combined) remained relatively constant at just over approximately forty -four million imperial gallons per day versus forty -five million in 2005. The reason for the overall system monthly production increase during the June to September /October period can largely be explained by big industrial users' annual summer season increase of approximately ten million Imperial Gallons on average. 2006 Combined Systems (Spruce & Loch Lomond) Average Daily Production 60 co 0 Z5 55 CL U) 50 0 E 45 M O 40 Q E 7- 35 30 Jan. Feb. Ma r. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Chemical Consumption During 2006, a total of 188.3 tonnes of liquid chlorine were consumed in the Loch Lomond System, 207.9 tonnes of sodium hypochlorite in the Spruce Lake System and 147.1 tonnes of hydrofluosilicic acid were consumed in both systems combined. OPERATIONAL EVENTS Water Ouality A unidirectional flushing program was performed in Saint John for the first time in the fall of 2005. 2006 saw the expansion of this program and it is expected to grow until the entire water system is flushed in this manner. PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report 11 Once again the City of Saint John contracted the services of Aqua Data Atlantic to design and assist in the execution of the unidirectional flushing sequences. The 2005 model for the lower west side was updated to reflect any changes and an adjacent zone was added. The areas flushed for 2006 took in streets in West Saint John, south of the Saint John Throughway. The UDF program for 2006 commenced on November 8, 2006 and was completed by November 30, 2006. Due to the late execution of the program the final results have not been received, but some of the observations follow: In 2005 conventional flushing of the zones was performed in the spring, but in 2006 this was not done. This contributed to longer flushing times in 2006 and may skew the comparison of results with 2005. ■ The targeted turbidity was to be less than or equal to 2.0 NTU, but due to the difficulty in clearing some sequences this benchmark was raised to 3.0 NTU to ensure reasonable progress and avoid the waste of water. Statistics for Zone 1 — Lower West Saint John • Number of sequences— 115 • Length of flushed pipe — 70346 ft • Valves turned — 136 of 373 • Hydrants used — 72 of 136 • Average number of valves operated per sequence — 4.8 ■ Statistics for Zone 2 — Fundy Heights / Sand Cove Road • Number of sequences — 95 • Length of flushed pipe — 20632 ft • Valves turned — 78 • Hydrants used — 67 During 2005 an evaluation of the electrical, mechanical and structural systems at the Latimer Lake Chlorination Facility and of the electrical system at the Spruce Lake Pumping and Chlorination Facility was undertaken. This study indicated the need for upgrading both facilities. The work is ongoing with a completion date of early 2007. PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 12 April 1St to 4th, 2006 the Federal - Provincial - Territorial Committee on Drinking Water sponsored the 12th Canadian National Conference and 3rd Policy Forum on Drinking Water. It was held in Saint John and attended by over 280 key government regulators, utility managers, public health inspectors, researchers, students and others from across Canada representing all facets responsible for the provision of safe drinking water in our country. In addition there were attendees from the United States, France and Brazil. Concurrent with this conference, Saint John Water opened displays on the history of the local water system: at the New Brunswick Museum in Market Square and in the Saint John Free Public Library. Both displays garnered considerable public interest with 1882 people visiting the museum display between March 28 and April 8. Working with the local Department of Health office, on April 21St staff of Saint John Water gave a tour of water facilities to a group of Public Health Inspectors. This is part of the ongoing outreach efforts of Saint John Water to keep the lines of communication open with our regulators. In May 2006 the lab staff of Saint John Water applied and successfully attained a Certificate of Laboratory Proficiency from the Canadian Association for Environmental Analytical Laboratories (CAEAL) for the following parameters: BOD (5 day), Conductivity, Fluoride, pH, Residual Chlorine, Total Suspended Solids, and Turbidity. Relevant certificates for Saint John Water Environmental Laboratory are in Appendix O. Fluoridation of potable water from the Latimer Lake Chlorination Facility was halted on June 6th 2006 due to a fire in one of the bulk storage silos for Hydrofluosilicic acid. Investigation into the cause of the fire and remediation of the damage is ongoing. Saint John Water presented to Common Council at its June 19th, 2006 session a comprehensive contingency plan that will aid in the protection of the public, property and environment in the event of a public health or environmental emergency related to drinking water facilities. A preliminary traimu session on the contingency plan for Saint John Water staff was conducted September 7t , 2006. Appendix U contains the reviews done in 2006 of the contingency plan. CBC Radio did a day long feature on drinking water issues on August 16th, 2006. In addition to interviewing a number of other professionals from the Maritimes, CBC conducted a regional call -in talk show on water quality issues with the Chief Water Quality Inspector for Saint John Water answering questions from across the three provinces. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 13 The Canadian Institute of Public Health Inspectors met in Saint John during October 2006. As part of their continuing education program, staff from Saint John Water presented a session on the evolution of water treatment and its impact on public health over the centuries. This talk also highlighted the urgent need for full treatment in Saint John's drinking water system. At the November 2005 Approvals Compliance Evaluation (A.C.E.) meeting it was identified that there were numerous portable chlorine detection units being used by Saint John Water staff to check the chlorine levels in the treated water. It was requested that these units be calibration checked to ensure the reading accuracy of them. The Saint John Water Environmental Lab staff implemented a calibration check program starting in January 2006 to check the Hach Chlorine Pocket Colorimeters against Hach standards to ensure their reliability. Initially the frequency was monthly however this was determined to be too frequent and it was changed to every 2 months or upon the request of the user. The results from these calibration checks are recorded and accessible to City staff. In March of 2006 two portable turbidimeters were purchased for each water system and a calibration check frequency of yearly was identified. Annually a Hach customer service representative is brought to service other Hach equipment used in the Environment Lab and these 2 turbidimeters were added to the list to be serviced by the rep. Samples of the Functional Check Record sheets are shown in Appendix T. During the period November 27 to December 4, 2006 staff of Saint John Water while supplying the Rockwood Park High Zone from the Park Street Pump Station, drained and cleaned the Rockwood Park Tank at Fisher Lakes and returned the tank to service after appropriate quality testing. During the early morning of December 2, 2006 a four - wheel drive truck went off Loch Lomond Road near the small bridge at the St. Martin's cutoff. The truck was completely submerged in the channel connecting Loch Lomond and Robertson Lake. Fortunately no fluid drained from the truck and tests were conducted to ensure that no contaminants entered the water. A study of both the Loch Lomond and Spruce Lake watersheds was completed in 2005 which analyzed the various hazards to the watersheds and identified facilities to protect both. Approved in the 2006 capital program and carried forward to 2007, $200,000 has been allocated to the construction of facilities to protect the Loch Lomond watershed from runoff associated with highway hazards. An additional $200,000 has been proposed for the 2007 capital program. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report Backflow Prevention and CCC As of December 31, 2006 there were 1439 testable backflow prevention devices registered with the City of Saint John Cross Connection Control Program. Of these 119 were installed in 2006; 55 of which are premise isolation devices. Premise isolation devices installed in 2006 include; Crosby's Molasses, the Provincial Lab, the New Brunswick Museum, Irving Tissue, Lancaster Mall, Clean Earth Ltd., NB Southern Railway, and numerous restaurants. 14 The Backflow Prevention and Cross Connection Control By -law Program continues to evolve; an emphasis has been placed on commercial water customers that need to install devices and keep existing devices up to date. This has met with moderate success and thus an increase in premise isolation. A draft updated by -law has been circulated to staff and once approved by Council, will provide the necessary regulation to clarify policies and make them more enforceable. The Plumbing Inspector and the Manager, Customer Service remain active members of the New Brunswick Backflow Prevention Association and as members of the Cross Connection Control Sub - committee of ACWWA. In 2006 they have both represented ACWWA as proctors overseeing certification examinations for Backflow Prevention Device Testers. Water Distribution The winter of 2005/2006 was considerably milder than the previous one: distribution staff at Saint John Water encountered no frozen services. In the summer of 2006 staff excavated and either lowered or insulated 59 services that had frozen during the winter of 2004/2005. In 2006 operations repaired 69 water main breaks ranging in size from 100mm to 600mm as summarized in Appendix M. This was a decrease of 6 breaks over 2005 and a decrease of 3 breaks over 2004. The City of Saint John's new Churchill Heights water storage tank was chlorinated, drained, microbio logically tested and permanently put into service in the spring of 2006. The old Lancaster tank was demolished in March 2006. Condition #71 of the Approval to Operate requires submission of a listing of all sources of cross- connection between potable water and sewer systems. The report is to provide a listing of such connections, a detailing of mitigation measures to be taken, and an PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 15 implementation schedule. Originally this report was to be submitted no later than November 1St, 2006. Saint John Water operates the largest water system in Atlantic Canada (based on flows), and the oldest water system in the country. Given the magnitude of the system, permission was received from the Department of Environment to submit a plan addressing Condition #71 in this annual report. Staff have been reviewing records and completing field investigations to identify the location and types of such cross - connections. Records initially indicated 342 such "flushings ". Comparing the old records against capital construction projects from the last twenty years, and considering work done in -house during that period, a number of these were found to be duplicate listings, while others had been removed or replaced with fire hydrants. Staff have narrowed the number of flushings to 115. Field evaluations of each location are currently underway. Once the field work is complete, staff will be assigning each location either to in -house crews or packaging work to be sent out to contract for removal /remediation. A complete report listing all locations, remediation steps to be taken and scheduling of that work will be produced and sent to the Department of Environment by July 31St, 2007. On the morning of November 24th, 2007 a 24" water main failed resulting in a substantial loss of pressure across the eastern water system. Crews quickly isolated the break and service was restored. This particular water main was installed in 1857, and is made of cast iron. In the late 1800's it was cleaned and in the mid 1950's it was cleaned and lined with mortar. CAPITAL WATER SYSTEM IMPROVEMENTS During 2006, Municipal Operations and Engineering administered a total of 16 water related capital projects designed to renew, rehabilitate, expand and monitor water system infrastructure while improving water quality in a number of instances. Appendix H provides a detailed listing of the projects that were included in the 2006 Water and Sewerage Utility Fund Capital Program approved by Common Council. It should be noted that some of the projects will be on- going in 2007. Those projects are identified by "C -07" in the on -going column. Appendix I lists the projects currently proposed for the 2007 Water and Sewerage Utility Fund Capital Program. In 2006, the utility share of capital funding to water related categories (which are made up of water infrastructure renewal, water service needs and watershed protection) totaled $7.765 million dollars or as can be seen by the pie chart on the first page in the Appendix PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 16 H, 45.8% of the utility share of capital expenditures. This represents an increased investment in the water system of $765,000 over 2005. In summary, 2006 projects included; the planned renewal of 1,655m of water distribution main, the installation of 1,900m of new water distribution main and the installation of 2,400m of 600mm transmission main. By year end approximately 1,085m of water distribution main had been renewed, 160m of new water distribution main installed and all 2.4km of transmission main installed, with remaining work on -going in 2007. The installation of a new 600mm transmission main, as can be seen in the adjacent photograph has replaced a large portion of the western transmission main that dates back to the 1890's. This change will allow slightly raised pressures in that serviced area and also translate into improved water quality as the water will move through a clean new transmission main. Last year many of the pipe renewal projects involved replacing unlined cast iron pipe or ductile iron pipe with new PVC water main, directly improving water quality. Three other significant projects, two of which were continued from 2005 as part of the capital program were; the installation of computer monitoring equipment as well as the installation of communications equipment which is part of the ongoing upgrade of a new Supervisory Control And Data Acquisition (SCADA) system. The final project of note was the commissioning of the new Churchill Heights tank. Following a highly successful pilot project in May, 2006, City staff undertook a large scale water main cleaning and lining project to address long- standing water quality issues in two neighbourhoods. City Council allocated $400,000 to clean and line approximately 2000m of old, unlined, cast iron pipes, some dating back as far as 1898. The process, originally established in the UK, involved excavating and removing small lengths of water main, typically at gate valves, to permit the entry of the rack - feed boring head. Once the length of pipe was cleaned of all tuberculate and scale, the inside of the water main was then coated with a lmm thick two -part polyurethane. The flow rate and nozzle travel speed were controlled by a computer on board the lining rig. PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report Residents had their water back in service the same day but, were given a Boil Water Advisory until two consecutive samples tested clear of any bacteriological concerns. The hydraulic properties of the pipes were restored and levels of iron in the water dropped dramatically. 17 Building on the success of the 2006 project, the City has initiated an annual program of cleaning and lining water mains. A newspaper article on the cleaning and lining program is included in Appendix R. The Water & Sewerage Business Plan Review that was completed in 2002 determined significant investments in infrastructure renewal were necessary to ensure the future sustainability of the system. As shown in the following graph, significant water main infrastructure improvements have been made and continue to be made. Approved Water Main Improvement Plans 9000 8000 7000 5 2 6000 rn 5000 -J 4000 CO E 3000 `m CO 2000 1000 0 2000 2001 2002 2003 2004 2005 2006 Year ■ Renewal ❑ New Install ❑ Rehabilitation PDF created with pdfFactory trial version www.r)dffactory.com 'U, "', �knll a 2006 Annual Water Report 18 OPERATOR TRAINING & CERTIFICATION Saint John water continues to place increased attention on the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health. Since 2001, the City of Saint John has been working with the New Brunswick Community College (NBCC) - Saint John in developing training programs for its water and wastewater operators. City of Saint John staff, in accordance with the provincially issued Approval to Operate, are working towards meeting specific training and certification requirements. The Approval to Operate requires that an operator complete, as appropriate, either the "Water Distribution System Operation and Maintenance" course or the "Water Treatment Plant Operation, Volumes I & II ", California State University correspondence course or alternatively, either the "New Brunswick Community College Water Distribution Fundamentals Program" or the "New Brunswick Community College Water Treatment Operation Fundamentals Program ". Starting in 2001, the City of Saint John and NBCC entered into a Memorandum of Understanding to develop a water & wastewater operators training program. In 2004 they applied for and received financial support from the Provincial Environmental Trust Fund to further develop a distance learning component for training operators. In 2005 further financial support was received from the ETF. Last year in 2006, the ETF contributed an additional $99,000 to further advancing high quality training opportunities for water and wastewater operators across New Brunswick. For 2007, an amount totaling $91,564.50 has been requested to assist in further advancing the development of these training opportunities. The proposed training course title "Energy Efficiency for Sustainable Water & Wastewater Operators" could yield significant environmental benefits to the Province once developed and delivered to water and wastewater operators. The project proposes the continued sharing of curriculum and training content developed by NBCC -Saint John (in co- operation with the City of Saint John) with CCNB- Bathurst for their use in continuing the development of a francophone training program, resulting in a uniform approach to training in the Province and providing operators in all New Brunswick communities the opportunity to access high quality training. Training is integral to improving the quality of operation and maintenance in water and wastewater facilities and the ETF project is consistent with the vision of the Municipal Operations and Engineering Department (Saint John Water) of the City of Saint John "excellence in public service through increased knowledge, skill and proficiency ". PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 19 A number of formal training courses were offered to system staff during the 2006 calendar year. Listed below are all formal courses that were offered in 2006, complete with a short descriptor. Backhoe — Staff from the dig crews participate in this peer training. Aimed at developing a basic operating skill level, familiarity with the safety inspection for this equipment and introduction to excavation safety issues. CFI Common - Designed for experienced employees, this course is a critical component of the formal Water and Wastewater Training System, delivered by the NBCC - Saint John. It provides a solid basis upon which to build specialized training beyond the basic level in critical systems essential to the management of municipal water facilities, including Water Distribution, Wastewater Collection, Water Treatment, and Wastewater Treatment. The course includes eight days of training, comprising the following units of instruction: General Knowledge, Support Systems, Administrative Systems, Field / lab Demo. CFI Wastewater Treatment - Participants will receive more training and further develop problem solving skills for wastewater treatment system operations and maintenance. Topics to be discussed are: water treatment overview, water supply, coagulation and flocculation, sedimentation, softening, filtration, iron and manganese control, taste and odour control, disinfection processes, fluoridation, scaling and corrosion control, chemical storage, handling and feed systems. CFS Common — General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science related to Water and Wastewater systems. CFS Wastewater Collection - General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science related to Water and Wastewater systems. Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance, and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Collection Process: provides knowledge and skill related to wastewater collection system operation and maintenance, including wastewater collection overview, gravity sewers, sewer operation and maintenance, wastewater lift stations, wastewater force mains, disinfection processes, wastewater treatment overview. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 20 CFS Wastewater Treatment - Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment, including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Treatment Process: provides knowledge and skill related to wastewater treatment system operation and maintenance, including wastewater treatment overview, preliminary treatment, primary treatment, secondary treatment, sludge management, disinfection processes, tertiary treatment. Confined Space Entry - Participants will develop knowledge and skills in Confined Space Entry that meets and exceeds legislated requirements. Training topics include: the legal regulations, Standard Operating Procedures, Confined Space Audit, Confined Space Entry, Confined Space Rescue. Confined Space Rescue - Participants will learn to safely and effectively perform Confined Space Entry and Rescue. The course will cover: a review of confined space entry procedures, atmospheric monitoring and control systems, duties of rescue personnel, personal protective equipment for rescue personnel, S.C.B.A., rescue equipment including lifeline, retrieval system, stretcher, casualty packaging and manipulation, Rescue procedures, Engaging first responders. CPR /First Aid — This course provided for reasons of workplace safety, thoroughly explains to individuals the fundamentals of first aid and basic life support. Customer Service - Participants will learn the basic principles of customer service with the aim of better serving our internal and external clients. Topics include: the customer - centered organization, internal customers, external customers, identification of needs, prioritization of needs, review of values -based behaviour (i.e. orientation), elements of high quality service, implications of low quality service, service examples and lessons learned. Effective Communication - Participants will learn communication skills to improve operations. Topics to be addressed are: basic concepts of effective communication, providing job instruction, communication in the work team, participating in staff meetings, conducting tailgate meetings, providing verbal reports, business writing basics, reporting work results. Fire Extin ui sher — In this course, participants learn how to classify the types of fires and to use fire extinguishers correctly. Topics include; fire chemistry, fire classification, types of fire extinguishers, fire extinguisher rating, symbols used PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 21 on fire extinguishers, selecting a fire extinguisher, use of a fire extinguishers and inspecting fire extinguishers. Forklift Safe& - The aim of this course is to develop the skills needed to operate industrial lift trucks safely and effectively. It will: describe requirements of OHS 91 -191 s 216, describe hazards to operators, describe hazards to pedestrians, describe hazard mitigation strategy, identify and describe FOPS, identify and describe ROPS, describe function of controls, conduct a pre - operational inspection, navigate an obstacle course, stack pallets, ground equipment. Front End Loader — Staff from the dig crews participate in this peer training. Aimed at developing a basic operating skill level, and familiarity with the safety inspection required prior to operating this equipment. Highway Si n aler — Certifies that the employee has attended training on the proper methods of using traffic control signals, including such things as the employee's responsibilities, personal protective equipment, procedures and communication. HTE Payroll — Participants learn to use the HTE payroll system for Hours Entry. The course will address: general HTE procedures, payroll overview, hours entry, hours proof employee enquiry. Prerequisite: HTE Work Request Job Order HTE Work Requests & Job Order - This course teaches participants to use the City's HTE work request job order system. After an introduction to HTE system environment, participants will learn about: creating internal work requests and job orders, searching for work requests and job orders, closing job orders, entering expenditures. Job Coaching - This course prepares peer trainers to become successful field coaches. The course covers: understanding adult learning needs; the coaching process; setting up the field coaching environment; guidelines for instruction; guidelines for feedback; setting goals and objectives for the trainee; developing checklists; evaluation progress; learner reactions and feedback. Natural Gas Safety - Participants will learn safe work practices for carrying out street construction operations near natural gas pipelines. The lecture will also include: complying with regulations for natural gas pipelines, regulatory authority, notification procedure, penalties associated with non - compliance, required work method and emergency procedures, hazards associated with natural gas, characteristics of the pipeline and the pipe itself (hazard abatement). PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 22 Occupation Health and Safety I — This course covers following topics; responsibilities under Occupational Health and Safety Act, role of Joint Health and Safety Committees, due diligence, construction safety and the role of the highway signaler. Occupational Health and Safety 2 - Participants will learn about the Health and Safety Improvement System (HSIS). Topics include: safety and quality, quality systems general (iterative, audit -based processes), the HSIS framework, implementation methodology, expected outcomes. Oxyacetylene - Participants learn to: safely operate an oxyacetylene cutting torch according to regulations, identify and describe hazards associated with oxyacetylene operation. Professional Driver Improvement - Participants will develop skills to prevent collisions by learning a positive approach to driving. Training will address; maintaining space, avoiding close encounters, safe passing, mystery crash accident prevention. Program Management - The course content delivered in an interactive and application based approach has ten modules, each one focusing on a major aspect of program management. The goal is to have students apply program management techniques in a variety of situations that can be easily transferred to their own work initiatives. The course is meant to provide a "tool box" of management concepts that can be used to effectively plan and control work. Resource Management - Participants will learn the basic principles of Human Resource Management, Property Management and Financial Management. Training topics include: the City's budget process, financial reporting and analysis process, inventory and purchasing procedures, fleet management procedures. Respiratory Protection — Participants learn about the types of respiratory protection equipment and how to safely use this equipment. The instructor reviews existing Standard Operating Procedures and worker's responsibilities. Also discussed are: the type, selection and use of respirators, fit testing respirators, medical evaluations, maintenance and care of respirators. Supervisory Training — The objective is to develop supervisory personnel by providing a series of training modules focusing on key supervisory competencies who can then apply the knowledge in supervisory situations. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 23 Tag Out Lock Out — A Standard Operating Procedure was developed and implemented in April 2006 to address safety issues surrounding mechanical and electrical repairs to process equipment. A training session was held in 2006 for Environmental Protection personnel by the WHSCC. Tandem Training — The tandem truck course is part of the City of Saint John peer training system, taught primarily using one -one one coaching, the course varies from two to four days, depending upon the entry level skill of the trainee. The trainee is expected to attain industry standard levels of proficiency in a comprehensive suite of skills including; preoperational vehicle inspection, operator maintenance, safe - driving in all conditions, fuel efficiency, and safe and effective operation on the work -site. Transportation of Dangerous Goods — Participants learn about the Transportation of Dangerous Goods Act and become legally certified to transport materials covered by this legislation. Topics include: TDG classifications, packing requirements, TDG symbols, shipping documents, dangerous occurrences. TrenchingSSafetX - Its purpose is to teach safe trenching practices, introduce the dangers of construction excavations, the mechanics of trench cave -ins, potential hazards to workers, requirements under the Occupational Health and Safety Act and protective systems used to avoid trench cave -ins and protect workers. WHMIS (Workplace Hazardous Materials Information System) — A system in Canada that provides information on the safe use of hazardous materials in the workplace. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. Work Zone Safety - The aim of this course is to protect employees from vehicular traffic passing through the City of Saint John street construction sites. It will discuss: control procedures, personal protective equipment, general design instructions, emergency procedures. Appendix N provides a brief summary in tabular form of the various members of staff who attended the aforementioned courses during 2006. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report Early in 2006, management staff from Saint John Water completed an in -house course on Program Management. 24 Subsequent to the training courses delivered by NBCC -Saint John; as summarized below, in 2006 a number of staff challenged and either achieved certification for the first time or achieved new levels of certification. A number of other certifications are possible as several employee's attempted exams in November 2006, however, the results have not yet been received. PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 25 Certifications Achieved in 2006 Class I Class II Class I Class II Class I Class I Class II First Name Last name WDl WD' WWC2 WWC2 WT' WWT4 WWT4 HAROLD EATMON 0 PETER FUDGE 0 FRANK HEBERT MIKE KEENAN 0 BEATTY KIERSTEAD JOHN PERRY KEVIN ZED 1 Water Distribution, 2 Wastewater Collection, s Water Treatment, a Wastewater Treatment In addition to the new certifications achieved by staff over the past year, Appendix L provides a summary of all staff certifications achieved to date. Training & Certification Plans Following each condition associated with operator training and certification deficiencies are up -to -date action plans. The action plans are designed to address deficiencies over specified periods of time. Appendix J contains details of the 2007 training and development schedule. Operator Training Plan — Water Treatment Condition 35 /Condition 41 Have all treatment system operators completed the NBCC Water Treatment Operations Fundamentals Program, the California State University's Water Treatment Plant Operation (Volumes I & II) correspondence course or an approved equivalent? Are training and certification requirements met? Below is a plan designed to provide water treatment operators with intermediate training opportunities. James Duke - has completed the fundamentals training Common Intermediate — Completed March, 2006 Water Quality & Water Treatment Intermediate — Course was developed during 2006, with delivery scheduled for Spring 2007 Nick Eleftheriou Common Intermediate — Completed winter 2005 Water Quality & Water Treatment Intermediate — As above PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report Wayne Johnston Common Intermediate — Completed May 10, 2006 Water Quality & Water Treatment Intermediate — As above Wayne Vanbeelan Common Intermediate — Completed March 1, 2006 Water Quality & Water Treatment Intermediate — As above Operator Certification — Water Treatment 26 With respect to certification requirements, as noted below, in each instance the certification level of the operator in charge is equivalent to the system classification. Treatment Operator Name Operator Certification Level System Classification James Duke Water Treatment Level II Level II Nick Eletheriou Water Treatment Level II Level II Wayne Johnston Water Treatment Level II Level II Wayne Vanbeelan Water Treatment Level II Level II It should be noted that for those listed above who have not taken the fundamentals courses, they will not be required to do so as they have already completed Class II certification in Water Treatment System Operator and have begun or are scheduled to begin more advanced intermediate level training. Considering this, Conditions 35 and 41 will be met by fall 2007 provided the courses are offered as scheduled. Operator Training Plan - Water Distribution Condition 351 Condition 36 Have all distribution system operators completed the NBCC Water Distribution Fundamentals Program, the California State University's Water Distribution System Operation and Maintenance correspondence course or an approved equivalent? As identified below, all system operators have not completed the Water Distribution Fundamentals Program or an approved equivalent however the plan below is designed to address this training deficiency. Patrick Hogan Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — Course was developed during 2006, with delivery Spring 2007 PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report Joe Marino Common Fundamentals — Completed winter 2005 Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — As above Fred McGrath — has completed the fundamentals training Common Intermediate - Completed winter 2005 Water Quality & Water Distribution Intermediate — As above Daniel Melanson — has completed the fundamentals training Common Intermediate — Completed May 10, 2006 Water Quality & Water Distribution Intermediate — As above William Melanson Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate As above George Payne — has completed the fundamentals training Common Intermediate — Completed May 10, 2006 Water Quality & Water Distribution Intermediate — As above 27 James Pineo — has completed the fundamentals training Common Intermediate — Currently scheduled to begin February, 2007 with completion on May, 2007 Water Quality & Water Distribution Intermediate — As above To summarize the aforementioned training plan, four of the seven Water Distribution/Wastewater Collection Operators have completed the Fundamentals training and six of the seven operators have completed Common Intermediate training. The remaining Operator will attend the training as scheduled. The Water Quality and Distribution Intermediate level training was developed in 2006 and is scheduled in 2007. However, as can be understood, for operational reasons all operators cannot attend the same training sessions. It is therefore projected that the majority, if not all operators will have completed both the Water Quality and Water Distribution Intermediate level courses by June 2007, provided the courses are offered as tentatively planned. Operator Certification Plan - Water Distribution Condition D -391 Condition D -40 Is the certification level of the operator in charge equivalent to the classification of the system? Are the number of operators and certification levels adequate? Considering the classification of drinking water distribution facilities is Class IV it is understood there should be as a minimum a Class III and a Class IV operator. However, PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report NM as identified below, the certification level of the operators in charge are less than the classification of the system. Once training is completed as per the water distribution operator training plan and the number of CEU's (Continuing Education Units) for each operator assessed by the Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP), some operators should be able to challenge the Class III certification exam. Once successfully completed the Class III certification exam, some operators will then (dependent once again upon the number of CEU's) challenge the Class IV certification exam. Considering the required training and that two certification exams will have to be successfully written, it is hoped that the requirements of Conditions D -39 and D -40 can be met by approximately early 2008. Once again, all plans and schedules are based upon the courses being offered and that the operators are able to meet the CEU requirements. Distribution Present Operator Operator Name Certification Level System Classification Patrick Hogan Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) Joesph Marino Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) Fred McGrath Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) Daniel Melanson Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) William Melanson Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) George Payne Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) James Pineo Water Distribution Class I Class IV (for WD) (Wastewater Collection Class II) HUMAN RESOURCES Responsible Staff Terrence Totten, F.C.A. City Manager Wayne Johnston Certified Operator I Water Treatment PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 29 Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Responsible for Saint John Water Eric Giffin, P. Eng. Deputy City Engineer John Clack Manager, Customer Services Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Peter Hanlon, P. Eng. Chief Water Quality Inspector Brent McGovern, P. Eng. Manager, Water and Wastewater Operations Bob Ross Operations Manager, Distribution/Wastewater Collection Vacant Operations Manager,* Water Resources & Quality Fred McGrath Certified Operator II Water Distribution/Wastewater Collection James Duke Certified Operator II Water Treatment Nick Eleftheriou Certified Operator II Water Treatment Patrick Hogan Certified Operator II Water Distribution/Wastewater Collection Joesph Marino Certified Operator II Water Distribution/Wastewater Collection Daniel Melanson Certified Operator II Water Water & Wastewater Systems Wayne Vanbeelan Certified Operator II Water Treatment William Melanson Certified Operator II Water Distribution/Wastewater Collection George Payne Certified Operator II Water Distribution/Wastewater Collection * position filled 2007101102 by Nicole Taylor, P. Eng. New Hires James Pineo Certified Operator I Water Distribution/Wastewater Collection During 2006, the City of Saint John hired 4 new employees in the water related operations area. PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report Name Status History Mark McDonough Labourer Adam Newman Labourer Jordan MacFarlane Labourer Jennifer Reid Chemical Technician Internal Staffing Changes Date of Hire to City of Saint John Sept 12, 2006 June 15, 2006 June 12, 2006 July 24, 2006 30 In addition the new employees hired during 2006, there were also numerous internal staffing changes which are summarized below. Name Status History Steven Anderson Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Kevin Ayles Progressed to Skilled Utility Worker from Labourer Randy Benson Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Lawrence Beyea Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Stephen Breen Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Joel Bury Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Rodrigue Comeau Progressed to Skilled Utility Worker from Labourer Michael Doyle Retired from Dispatcher/Duty Specialist position James Duke Progressed to Certified Operator II Water Treatment, from Certified Operator I Water Treatment Nick Eleftheriou Progressed to Certified Operator II Water Treatment, from Certified Operator I Water Treatment PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 31 Peter Fudge Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Ralph Gilbert Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment John Given Progressed to Customer Service Specialist from Dispatcher/Duty Person Leroy Graham Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Richard Hachey Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment Peter Hanlon Made Chief Water Quality Inspector from Manager, Water & Sewerages Services Dale Hayward Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Frank Hebert Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment Patrick Hogan Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Chesley Hynes Progressed to Customer Service Specialist from Dispatcher/Duty Person Stephen Jorgensen Progressed to Wastewater Treatment Maintenance Specialist from Wastewater Treatment Maintenance Assistant Joshua Keenan Progressed to Skilled Utility Worker from Labourer Michael Keenan Progressed to Skilled Utility Worker from Labourer Carl Kemp Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Peter Kierstead Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Patrick Mackin Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 32 Joseph Marino Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Brian Marr Progressed to Skilled Utility Worker from Labourer Scott Maxwell Progressed to Skilled Utility Worker from Labourer Brent McGovern Promoted to Manager, Water & Wastewater Operations from Operations Manager, Water Resources & Quality Fred McGrath Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Harold Sharkey Water Distribution/Wastewater Collection Daniel Melanson Progressed to Certified Operator II Water Joseph Skerry Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Gary Melanson Promoted to Water & Sanitary Maintenance/Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator William Melanson Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Douglas O'Leary Retired from W &S Heavy Equip Specialist position George Payne Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection John Perry Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Robert Ringuette Promoted to Wastewater Treatment Maintenance Assistant from Skilled Utility Worker Harold Sharkey Progressed to Water & Sanitary Heavy Equipment Specialist from Water & Sanitary Heavy Equipment Operator/Worker Joseph Skerry Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Bruce Slovitt Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 33 J. Daniel Stone Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Daryl Thompson Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Wayne Van Beelen Progressed to Certified Operator II Water Treatment, from Certified Operator I Water Treatment James Ward Progressed to Utility Services Specialist Brian Whelton Progressed to Utility Services Specialist Charles Williams Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Kevin Zed Progressed to Utility Services Specialist PUBLIC INFORMATION Communications During the 2006 capital construction season communication was regularly provided to citizens by means of weekly construction updates, a few examples of which can be seen in Appendix P. This information, compiled by the City's Communications Officer, was shared with the public by means of the City of Saint John website, through news releases in the local newspaper and by email to large distribution groups. The regular updates provide citizens with information relating to the limits of work, project start date, work to be accomplished, traffic impacts where applicable and projected end date. In addition to regular weekly update notices there was also information regularly sent out during the summer season with respect to water main flushing. This information is advertised regularly in the local newspaper to provide citizens with information relating to when and where the flushing is being carried out, noting that there may be some discoloration of water and providing a contact number for further information. An example of the regular hydrant flushing notice and a unidirectional flushing notice is included in Appendix Q. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 34 Further to the regular public information, there are also instances where media releases or special communications are required from time to time. For example: during a notable water main break, or during capital construction, etc. See Appendix R for a Telegraph Journal article on the water main cleaning and lining program. Customer Service Among the hundreds of customer requests /inquiries received during 2006, a total of 101 were related to pressure problems and water discoloration. Though this would appear to represent a significant increase of 23% over 2005, however, in researching the data this year it was found that previous annual reports had not included data collected at the Saint John Water Environmental Laboratory. The requests received and handled through Customer Services and by the Lab are included in Appendix S and include each civic address complete with a brief description detailing the reason for the job order and any comments relating to the issue. COMMITMENT Safe drinking water for Saint John is vitally important, not just to those of us who live here, but to all who pass through our community — cruise ships often take on large volumes of our water for the use of their passengers. Significant advances continue to be made at Saint John Water. However, much work remains and the City is committed to following through on its long - range plans for system improvement, including full treatment /filtration of all drinking water. Sustained leadership at every level, working with the comm u stakeholders accomplish the essential objectives. PDF created with pdfFactory trial version www.pdffactory.com commitment, vision and strong nity and regulators, will help REPORT TO COMMON COUNCIL M & C 2007 - 24 January 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Princess Street — Proposed Reconstruction Schedule BACKGROUND 71r � I The City of Saint john At its December 19, 2006 meeting, Council referred a letter (copy attached) to the City Manager for a report with respect to overall improvement plans for Princess Street. At the Council meeting of December 6, 2004, Uptown Saint John Inc. indicated in their 2005 budget presentation that after Water Street was constructed, the reconstruction of Princess Street should be the next priority for investment in the uptown. They supplied staff with a preliminary design concept that they had completed by a landscape architect. ANALYSIS Staff subsequently met with Uptown Saint John in early January 2005 to discuss a proposed schedule for the reconstruction of Princess Street. At that meeting, staff informed Uptown Saint John that the proposed schedule for reconstruction on Princess Street would fall between 2008 and 2011. This was the preliminary timeline to complete underground water and sewer work as well as the street surface reconstruction on Princess Street between Prince William Street and Crown Street — the entire length of Princess Street. Council approval would be required for a project within the various capital programs each year to successfully complete the projects on Princess Street within the proposed timeline. The authors of the letter, referred to staff at the December 19, 2006 meeting of Common Council, indicated their understanding was that construction work was going to commence in PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 24 January 24, 2007 Page 2 2007 and that it was now being delayed until 2008. They were extremely concerned with this perceived change to the construction schedule. As previously stated, reconstruction plans for Princess Street have been planned to commence in 2008 and that has not changed. In a report submitted to Council entitled "Water and Environmental Outcomes Essential for Saint John" dated November 2004, the first year that work was proposed for water and sewer construction on Princess Street was in 2008. Street reconstruction would obviously be scheduled to take place in the same year or later than underground infrastructure was to be replaced. The proposed schedule for reconstruction of Princess Street in its entirety has been reviewed and sequencing for construction in various blocks and sections has been realigned at the request of Uptown Saint John Inc. in early 2005. The existing condition of the majority of blocks on the street is poor and staff can support the proposed schedule for construction sequencing. The proposed schedule for reconstruction is subject to Council approval within the various capital programs each year. Staff will propose the following sequencing of projects within future capital programs beginning in 2008. Current estimates for construction are included. Princess Street — Proposed Reconstruction Schedule YEAR LOCATION DESCRIPTION OTHER CITY SHARE SHARE 2008 Prince William St. to Renew watermain & sanitary sewer, install $225,000 $955,000 Germain St. storm sewer, street reconstruction 2009 Germain St. to Renew watermain & sanitary sewer, install $210,000 $925,000 Charlotte St. storm sewer, street reconstruction 2010 Charlotte St. to Renew watermain & sanitary sewer, install $210,000 $925,000 Sydney St. storm sewer, street reconstruction 2011 Wentworth St. to Renew watermain & sanitary sewer, install 0 $955,000 Crown St. storm sewer, street reconstruction 2012 Sydney St. to Renew watermain & sanitary sewer, install 0 $667,000 Wentworth St. storm sewer, resurfacing FINANCIAL IMPLICATIONS The estimated construction costs are included in the above table for each section proposed on Princess Street. The City share is approximately $1,000,000 each year for the majority of the sections proposed. Other Share represents a possible contribution from other sources to provide underground electrical utilities on the sections of Princess Street between Prince William Street and Sydney Street. Securing the outside funding commitment for underground electrical facilities will be crucial to proceeding with this work; it should not be assumed that the City could add this additional cost to the already major contribution to this one street. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 24 January 24, 2007 Page 3 RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager PDF created with pdfFactory trial version www.pdffactory.com r rsr` 85 Princess Street, BOX 6428 Saint John, N.B. E2L 4R8 Mayor Norm MacFarlane And Common Council City of Saint John City Hall By Hand �} J Your W yip; / FAX (506)- 658 -1201 PHONE (506) -653 -9065 January 23, 2007 It has come to our attention improvements to Princess Street are proposed to be phased over coming years. Attached please find a petition requesting Princess Street improvements dated February 28, 2002 made at that time to City Staff for these long overdue improvements. Hayward & Warwick and its owners have waited patiently, paying property taxes in excess of $600,000 over a 30 year period since the establishment of Uptown Saint John Streetscape and Service Standards. We have participated in the establishment of the Business Improvement Area and subsequently assisted in many of the major initiatives resulting in the current positive appearance of Uptown Saint John. We are discouraged and want to see action on this part of the Uptown before out time is up! ...30 years of waiting is long enough! We recommend the portion of Princess Street from Charlotte street to Germain be given top priority for the following reasons.;\ Renovation would remove unsightly jack poles installed on the north side to permit electrical services installed since 1980 to follow the requirement for routing to pavement level needed to allow underground service wire installation.. Service poles on the south side of the street are also very old and dilapidated. Renovation would service the most addresses and tenants. This portion of Princess Street has far more residents and commercial offices than the rest of the street. Similarly, the tax base is greater in this area than on the rest of the street. Renovation would benefit the major capital improvements currently underway at the Saint John Theatre Princess Street address. 2- This portion of the street has the most commercial addresses Therefor we wish to present this petition at the next available Common Council ;ing,.Vlease have this agenda item included on the agenda. Thank David Contro Uptown Saint John February 28, 2002 PRINCESS STREET IMPROVEMENTS BACKGROUND Uptown Saint John and the City of Saint John have made dramatic improvements to the appearance of the main streets in the Uptown by removing overhead wiring and placing underground, placement of cast iron heritage lamps, realigning curbing, and placing brick. The last major improvements under this program were to Canterbury Street, and Church Street. Since that time the areas adjacent have been active, and are fully rented at street level, with major improvements completed or underway to adjacent properties. Princess Street block from Charlotte Street to Germain Street is in a dilapidated condition, with sidewalk and street surfaces uneven, and cracked in many places, and granite curbing dislocated and almost buried by pavement. Overhead wiring is unattractive, and detracts from the interesting and attractive appearance of the building stock on the street. Two poles have been installed on the North side of Princess street with the only purpose being to carry underground services from new electric entrance installations up to overhead wire level in order to connect to utility poles on the South side of the street. The Princess Street block from Charlotte Street to Germain Street is a largely intact collection of mostly brick structures dating from immediately after the Great Fire of 1887. The character of the buildings is made interesting by the mix of uses originally built for and the current largely intact nature of the facades with few vacant lots. The block is unusual in Uptown Saint John by virtue of the large residential component of the structures. The upper floors of over 1/2 of the buildings were designed for residential use, and all such structures are still in that use. The mix of uses makes the environment valuable to the Uptown. Residential use means local markets for Uptown businesses; residential use means more activity on the street over a longer period, and residential use is a significant benefit to business in the area, as a discouragement to vandalism and crime. The presence of local interested residents means unwanted activity is reported and acted upon before loss or injury results. Currently this block of Princess Street is at a low ebb of economic activity. Although residential occupancy has been maintained, the commercial component of the street is moribund. Most of the commercial space is vacant or has been converted to residential application. The tax base of the street is eroding badly as all recent property trades have been at significant discount from tax assessed value. While the trend is not good there is cause for optimism as the block has many virtues; Proximity to King Street, the major commercial artery of Uptown, to the Imperial Theatre, and to significant government buildings; all within one city block in various directions; 2 Uptown Saint John February 28, 2002 Largely flat street grade and good view to the water in a westerly direction; As before mentioned a largely intact array of interesting brick facade buildings A people friendly scale without large vehicle traffic loads. Approximately 5 years ago the attractiveness of the street was enhanced by locating heritage cast iron light standards. The block has attracted major motion picture location work recently, and is included on popular Uptown heritage tours. Princess street has been identified as the last link in the multi -block uptown improvement plan started in the late 1970's. The need is great and the opportunity there for major return of investment in suitable street improvements. We need a commitment to continuing the urban street improvements to prevent an irreversible loss of this important part of the Uptown. IMMEDIATE PLAN Uptown Saint John will restate the importance of completion of the Princess Street link to the Trinity Royal street improvements, and identify the block from Charlotte Street to Germain as the most beneficial link in terms of economic return possible. The City of Saint John in partnership with Saint John Energy and other overhead utility service users will agree to a cost sharing plan for removing the overhead services and placing underground which attributes a cost equal to the benefit derived by these users to replacement of old services, and the advantage of reduced future maintenance thereof. The City of Saint John will cost the project and include in the next Capital Budget. Cwt *43k'K While motivated by the desire for improvement in commercial activity, and property values, we as an operating business depending on the convenient access of vehicular traffic for both out retail and distribution activities are very concerned about the negative impact of rebuilding to the standard recommended above. We still remember the dislocation caused to our business by the frequent and lengthy interruption of access to our street by the 1992 Charlotte Street water and sewage improvement projects, and the dislocation to Canterbury Street businesses by the inadequate contractor engaged to do the work there. We recommend close attention to adequacy of contractors considered to do the work, and all efforts to minimize business interruptions be made by supervising City of Saint John staff. We also wish to make clear the difference between a minimal resurfacing and curb replacement will not have the desired result to revive the fading economic condition of Uptown Saint John February 28, 2002 the block The additional amounts are cost justified, and the minimal treatment will do little to improve the situation. The street view planes are obstructed by utility poles and wires to buildings, (including a new pole installed in 1995 to carry services installed underground to the street line in front of McKee's in anticipation of underground street service, which was then run up a pole to connect to the street main on the other side of the street). The existence and placement of heritage cast iron poles further persuades for removing overhead services, and the related poles and cross bars and wiring. CONCLUSION In partnership with Saint John Energy and in consultation with Uptown Saint John the City should plan, cost and budget for completion the required improvements to Princess Street between Charlotte, and Germain Street by next year. M N W (�Q z z x O F z COO H w W H C� z C It C January 25, 2007 Mayor Norm McFarlane Members of Common Council 15 Market Square Saint John, NB Your Worship and Councilors, Re: Princess Street Upgrading We are very thankful that funding has been approved for the completion of Water Street and the continuation of Harbour Passage this year. We were hopeful that funding to start Princess Street would also have been in the 2006 budget, however we understand the reality of budget limitations and priorities. At a recent Board meeting of Uptown Saint John Inc. the subject of upgrading Princess Street was brought to our attention again by local business and property owners on the street. Princess Street, and more so the sidewalks along both sides of the street, are in extremely poor physical condition and have been for many years now. Princess Street is at the top of our list of necessary upgrades for the uptown area as it is the only street that hasn't had an upgrade in recent history. In 2003 Uptown Saint John Inc. engaged a consultant to prepare a preliminary streetscaping plan to look at what measures could be taken to improve the condition of the street, similar to what we had done for Water Street some time ago. We are starting to see a desire to reinvest in the properties on this street by new owners and new businesses such as authentic restaurants, offices and the Saint John Theatre Company. Similar to the upgrading of King Street a few years ago, we can expect to see a significant reinvestment in the properties on Princess Street once this work is complete. Reinvestment in City infrastructure such as this helps to instill confidence in the private sector and results in significant investment on their part. We are encouraged that the City's Engineering Department is working towards starting p work on Princess Street in 2008 and look forward to working with them to provide input on design and assist in communications with property owners on this significant project. Sincerely, ck igle President V1 T. 506.633.9797 F. 506.652.3525 www.uptownsj.com REPORT TO COMMON COUNCIL M & C 2007 — 23 January 25, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Consultant Services — Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2005 and 2006 PURPOSE 71r � I The City of Saint john The purpose of this report is to update Common Council on the status of the 2006 Consultant Services — Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection and additional costs incurred. BACKGROUND Every two years, the City of Saint John, Municipal Operations and Engineering, calls proposals for engineering inspection and testing services for: Asphalt concrete mix and placement; Portland cement concrete; Soils compaction. In each of these three areas, there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties. Portland cement concrete only requires a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base /subbase aggregate for road construction, retaining wall construction and other projects. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 23 January 25, 2007 Page 2 BACKGROUND (CONT'D) On April 11, 2005, Common Council approved the recommendation of M &C 2005 -107 for the engagement of engineering services: "It is recommended that the proposal of Conquest Engineering Ltd. for engineering services for Consultant Services — Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2005 and 2006 be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. " The proposed cost to complete the work under this proposal call for 2006 from Conquest Engineering Ltd. was $94,649.00 ($85,849.00 for testing and/or inspecting asphalt concrete mixes and $8,800.00 for testing Portland Cement Concrete). ANALYSIS All engineering services under this contract have been completed for 2006. The costs have been finalized and agreed upon between the City and the Consultant as follows: Additional man hours for asphalt concrete laboratory testing and $ 17,270.32 full time field inspection attributed to higher than the estimated asphalt concrete quantities in the Request for Proposals, co- ordination of pre - paving activities with the Contractor, additional time required for aggregate sampling and testing, additional time required for quality assurance for crack sealing of asphalt pavement surfaces as directed by the Engineer, and other related work. 2. Additional costs associated with testing of asphalt concrete due to $ 21,558.25 the total asphalt concrete quantity for subdivisions being higher than the amount estimated in the Request for Proposals. 3. Additional costs associated with follow -up studies, geotechnical $ 13,484.00 investigations and reports for four projects as requested by the City. Total Additional Costs $ 52,312.57 Minus Contingency Allowance -$ 10,000.00 Net Additional Costs $ 42,312.57 PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 23 January 25, 2007 Page 3 FINANCIAL IMPLICATIONS The final costs for Conquest Engineering Ltd. to provide engineering services for the project during 2006 are $136,961.57. The difference between the final costs and the original proposal amount is $42,312.57 ($136,961.57 - $94,649.00). The City will be reimbursed $18,057.22 by the Province for providing testing and inspection services for the asphalt concrete resurfacing of Loch Lomond Road, Ocean Westway, and Rothesay Road (two locations) under the Municiapl Designated Highways Grant Program and Provincially Designated Highway Improvement Program.There is adequate funding in the Operating Budget, General Fund and Utility Fund Capital Budgets to cover the additional costs. RECOMMENDATION It is recommended that Common Council approve the additional fee of $42,312.57 from Conquest Engineering Ltd. to provide Consultant Services for the Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection project during 2006 as outlined in this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations Terrence L. Totten, F.C.A. City Manager PDF created with pdfFactory trial version www.pdffactory.com Common Clerk's Office Bureau du greffier communal www.saintjohn.ca January 29, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: P.O. Box /C.P, 1971 Saint John, NB /N. -B, Canada E2L 4L1 Subject: Public Hearing — 150 Westmorland Road At the Council meeting of January 2, 2007, Council approved the scheduling of a Public Hearing for the rezoning application of Tein Kim Hoa. (150 Westmorland Road) for Monday, January 29, 2007. Attached is a letter from Donald F. Cullinan on behalf of the applicant, requesting to withdraw the application for rezoning. If Council agrees to accept this request the following resolution is in order. Recommendation: That Council accept the request of Donald F. Cullinan on behalf of the applicant, to withdraw the application for rezoning and cancel the Public Hearing for the proposed rezoning of150 Westmorland Road. Sincerely, -"-ea J. Patrick Woods Common Clerk Attachment 2007-JAN-23 04:05PM FROM-CULLINAN MOORE - %MIW CULLINAN MOORE 56 Canterbury Street Saint John, N.B. E2L 2C5 January 23, 2007 City of Saint John Planning & Development P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Attention: Sarah Herring Dear Ms. Herring: 6421236 T -795 P. 001 /001 F -707 earrtsters 1Soilel>rors Notaries Re: 150 3Ligtmorland Road. Tel: (506) 642 -1234 Fax: (506) 642-1236 E:maU: cullmre @nbnetnb.ca Our File No: 06.-C- 182 Your File No: BY FAX: 658 -2837 This letter will confirm that the applicant, Tein Kim l Ioa, is withdrawing her zoning application. Thank you for you time. Donald F. Cullinan DFC/arg 05/20/2002 09:57 1 PLANNING AND DEVELOP PAGE 03/04 Application for a Zoning By -law Amendment Demande de ]modification i l'arrW sur le zonage Applicant Related Informations / Renseignements sur to demandeur Name of Appiicam / Nam du damdear r t eA K E k Madnng Address of applic= / Ad&esse posWe du dM ndcur C/o &&4, r Pasta] Cade /Code postal lam- 21— K �- Telephone X=ber / Numft do. tiidphnne Home I Domicile Work I Travail Fax Number I Nam6m de tdldoap = V `l� " 5 (, Nam of Property Ownmr Of dtMwW) / Nona top ptoprlfstairo (si diff rent) "01ehr,. J G-6rkl ;m; d- �O(A'ekG�h�`� rikl Add= I Admw CIn Ck�ivt� a ( S/ ref C5 -� 7 pww Code ! ode pww Property Information I Renseignements sur la proprikk Location / Emplacawnt r 1 Cixlc # WeA044S de voirie Sint / Rea Lot Area I Sapmi$cie du lot -5/� Sbva Frontage / Fagade sur rue Existing Use of Pmpeaty / Ublisadan scmtle de la pwpriltd Gf'1 Q/'��ir S&FY r ` - Municipal Plan land Use Designation -,� ��,Q �IVO �. C, Dddpation. de adUzodon des tam sur lc plan mwicipt A Amendment Requested / Modification demandk Present Zoning / Zomse actuel Q-2 ChvW Zoning w / MaMention da zmage i aoadlor I ou JKText Amerxlment (iv i= pardculars) I Modification duc texte (indiquez les des) 11124/2006 14 :42 506- 633 -9771 CENTURY 21 PAGE 01101 11/22/2006 09:27 366 -633 -9771 CENTURY 21 20014OV -11 U,12PM ��or�- c�a�iHF� ruod� 9�z,2�s JAW awl wrr W �+ . A s voutomd w 4A Is popodom mew goo am 11*00* 0, WOW --Jrp- ohm 'J r r �rbtoo PAGE 62103 i -811 P- 0011"I P -941, a +utr ire pja *a& i ? q** o�. vbme`'p"m"R qAWW'7 �� � da« ode dh+rrsw�_ ZAP" dr .moo aa>od de n.v>D>�rm�rr gar WAboil NO d.leprnop ipm atlus� pm*�vWift *awl%tppev+� A4r pmpnlAl daod wlgadd b�► ? mow t04 ttcrt>D� ,fir wrd. �ee�we� � Moe ��s>�al�nd Cl+�aua#s dam d+ 4W S w�MAlao�h+�A"daeINf� Will PROPOSED ZONING BY -LAW AMENDMENT RE: 150 WESTMORLAND 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 150 Westmorland Road, having an area of approximately 320 square metres, also identified as PID No. 00314682, from "R -2" One and Two Family Residential to "B -2" General Business. REASON FOR CHANGE; To permit a take -out restaurant. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 150, CHEMIN WESTMORLAND Avis public est donnd, par la pr6sente, que le conseil communal de The City of Saint John a Fintention d'6tudier la modification suivante de Parr6t6 sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prdvue le lundi 29 janvier 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 320 metres carr6s, situ6e au 150, chemin Westmorland, et identifiee sous le NID 00314682, de zone residentielle — habitations unifamiliales et bifamiliales «R -2» A zone eommerciale generale o B -2 >>. RAISON DE LA MODIFICATION: Pour permettre un comptoir de commander a emporter. Toute personne int6ress6c peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du de'veloppement 'a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Fattention du soussign6 A l'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 150 WESTMORLAND 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, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 150 Westmorland Road, having an area of approximately 320 square metres, also identified as PID No. 00314682, from 11R -2" One and Two Family Residential to "B -2" General Business. REASON FOR CHANGE: To permit a take -out restaurant. 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 maybe sent to the undersigned at City Hall, J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE V ARRETE SUR LE ZONAGE OBJET: 150, CHEMIN WESTMORLAND Avis public est donn6, par la pr6sente, que le conseil communal de The City of Saint John a Pintention d'6tudier la modification suivante de Farret6 sur le zonage de The City of Saint John, au cours de la r6union ordinaire du conseil prevue le lundi 29 ,janvier 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 320 metres carr6s, situ6e au 150, chemin Westmorland, et identifiee sous le NID 00314683, de zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» a zone commerciale g6nirale << B -2 o. RAISON DE LA MODIFICATION: Pour permettre un comptoir de commandes a emporter. Toute personne int&ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a 1'h6te1 de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du iundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention du soussigne a 116tel de ville, J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bad et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, January 2, 2007 Tuesday, January 23, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Public Notice Sub- Headline Text: Call to Action: J. Patrick Wo Contact: INSERT ATTACHED Common Clerk/Greffier communal Telephone: (506) 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: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 150 Westmorland Road, having an area of approximately 320 square metres, also identified as PID number 00314682, from "R -2" One and Two Family Residential to "B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODDIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit: Uarrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe < <A>>, Plan de zonage de The City of Saint John, permettant de modifier Ia designation pour une parcelle de terrain d'une superficie approximative de 320 metres carr6s, situee au 150, chemin Westmorland, et identifiee sous le NID 00314682, de zone rdsidentielle — habitations unifamiliales et bifamiliales «R -2» a zone commerciale generale <(B-2 >>. - toutes les modifications sont indiquees sur le plan ci joint et font partie du pr6sent arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6te le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture January 9, 2007 157 Westmorland Rd. Saint John, NB E2J 2E5 Mayor Norman McFarlane Dep. Mayor Michelle Hooton Councillors: Jay -Young Chang Stephen Chase Ivan Court Bill Forren John P. Fergurson Peter McGuire Glen Tait Christopher Titus Carl A. White c/o J. Patrick Woods Common Clerk City of Saint John Re: Proposed rezoning of 150 Westmorland Rd. from "R -2" one and two Family Residential to "B -2" General Business Dear Mr. McFarlane, Deputy Mayor Hooten & Councillors: First of all I would like to commend you for your decision to close Northumberland Avenue to through traffic between Westmorland Rd. And Rothesay Avenue. This decision has made this area much safer for pedestrians and for people driving vehicles. We trust that you will use the same good judgement when examining the proposal to put a "take- out restaurant" at 154 Westmorland R. A "take -out restaurant' ' at this location would be a poor fit with the well -kept residential homes and the much appreciated "green - space "of Fernhill Cemetery. While we do tolerate the increase in traffic during the day resulting from expanded business at the McAllister, Consumer Drive portion of Westmorland Rd, our neighborhood is usually quiet in the evening after the mall has closed. A "take -out restaurant" would have to operate after mall hours in order to survive. This would rob us of our last parcel of tranquility. "Take -out restaurant" should not be positioned in the middle of a residential area. -z- It has been stated at council meetings that citizens need to make sacrifices for business. I do believe we in this area have made considerable sacrifices and we are not prepared to make any further sacrifices. Put the "take -out business" where it will be welcomed. It will not be welcomed in our neighborhood. Yours respectfully, Elizabeth Brideau Asbridge Bill Asbridge Page 1 of 1 Gormley, Elizabeth From: Susan Quinn [susan.quinn @rocmaura.com] Sent: 2007, January, 25 11:51 AM To: Gormley, Elizabeth Subject: objection to rezoning I live at 179 Westmorland Road and feel that the proposed rezoning at 150 Westmorland Road for a fast food take out is a poor idea. This is because of the insidious rise in traffic volume related to new construction and the feeling of a bottle neck that has been created on Westmorland Road due to recent changes in the traffic pattern; ie road closures. Thank you for considering my objection. Susan Quinn Susan Quinn, MN Executive Director Rocmaura Inc. susan,quinn @rocmaura.com 2007 -01 -25 � 'I Saint John Parking Commission Commission sur le stationnement de Saint John January 25, 2007 His Worship Mayor Norm MacFarlane and Members of Common Council 8th Floor, City Hall Saint John, N.B. Your Worship and Members of Common Council: 11th Floor, City Hall, 11ieme Etage, H6tel de Ville P.Q. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. E2L 41_1 Tel / Tel: (506) 658 -2897 Fax/ Telecopieur: (506) 649 -7938 E-mail/ Courriel: parking @saintjohn.ca Re: Residential Street Parking on Southern Peninsula We have received the Common Council Motion of January 15, 2007 and we are collecting the required information to prepare a report for Common Council. Yours Smith Manager www.saintjohn.ca January 25, 2007 His Worship Mayor McFarlane, Members of Common Council and Pension Plan Participants Your Worship, Councillors and Plan Participants Re: Defamation Action I have been directed by the Board of Trustees of the City of Saint John Pension Plan to send you this letter informing you about a Defamation Action being brought by the Board and individual Trustees against John Ferguson. Mr. Ferguson is a member of Common Council. The Action was commenced on January 22, 2007 after Mr. Ferguson did not respond to a letter from the Board attempting to resolve the matter without resorting to the Court process. Copies of the letter and the Notice of Action are attached and speak for themselves. Prior to the letter and the Notice of Action, the Board sought and received legal advice that this course of action was appropriate. The defamation by Mr. Ferguson has caused and continues to cause harm to the Board and individual Trustees in exercising their statutory duties relative to the Pension Plan. The Board fully recognizes the fact that Mr. Ferguson has duties to fulfill as a Councillor, however, defamation is not one of those duties. As this matter is now one before the Court, the Board does not see it appropriate to comment further. Yours truly, J. Patrick Woods Secretary Board of Trustees City of Saint John Pension Plan PDF created with pdfFactory trial version www.pdffactory.com CLARKDRUMMIE LAWYERS AVOCIATS A full- service bilingual lain firm Cabinet Xavocats offrant une gamme complete de services bilingues DELIVERED BY HAND John Ferguson 33 Vista Ridge Crescent Saint John, NB .E2J 4K4 Dear Mr. Ferguson: 40 Wellington Row Barry R. Morrison, Q.C. P.O. Box 6850 Direct tine: 633 -3838 Saint John, NB Direct Fax: 633 -3812 E2L 453 Direct E- tmail:cafL&ctarkdrumrnie.ca (506) 633 -3800 www.ciarkdnttntnie.ca Our file January 12, 2007 RE: Board of Trustees of the City of Saint John Employee Pension Plan We represent the Board of Trustees as well as the individual Trustees of the City of Saint John Employee Pension Plan. As you well know, according to an actuarial valuation prepared by Momeau Sobeco, as of December 31, 2003, the Pension Plan's going concern financial position showed an unfunded liability of $43,547.200.00, and the liabilities on an insolvency basis were greaterthan the solvency assets by $88,852,300.00. In 2005, you, under your guise of performing your duty as a Common Councillor, embarked upon a systemic and sustained course of action to maliciously and recklessly defame the Pension Board as well as its individual Trustees both by direct statements and innuendo, particulars of which are hereinafter described. SA IA'T JOHN • MONCTON • ST. ANDREWS • ST. STEPHEN CLAILK DRUNIMI : PAGE At a meeting of Common Council on April 11',2005 while commenting on a declaration of conflict of interest by John Nugent and Terry Totten because of them being Trustees as well as senior staff employed by the City of Saint John, you stated as follows: "The Telegraph Journal and other media have been patient, they have been waiting to see what our next step is, there is definite talk on the street, I've had several professionals within our community contact me, advise me in confidence, simply because the issue is so severe. The legal paper trail staff creates (sic) through efforts to remove this conflict recognition process only increases rather than reduces the liability of this Council and its individual members in face of a plus or minus $45,000,000.00 shortfall. The same individuals who could guide us in respect to our obligations and responsibility of Council are the same individuals who decided to walk away from the legal opinion of Mr. Ronald Pink, one of the most respected lawyers in Atlantic Canada. This i s related to a medical doctor who breached his fiduciary duty to the Pension Plan and I have a copy of the March 2nd Telegraph article, page A3 and I can circulate it if anybody wants to read it. The Pension Board decided it was not worth pursuing yet Mr, Pink's statement clearly indicates money was recoverable for the Pension Plan. I strongly suggest that money would have been reimbursed to the Pension Plan from the medical doctor's insurance policy. however, senior staff in their governance role in the Pension Plan chose to wall- away from the money, again, it's in this document. I am not bringing this matter forward nor have I ever brought this matter forward as was stated in a heated way that I am trying to run this City. Borrowing a phrase from one of my critics, I will simply say there is some serious shit coming down the sauna tube and some individuals in this room are at the wrong end of the sauna tube. I am told too, by senior legal counsel, there is standing evidence of gross negligence. It is time to get with the game plan in respect to our obligations and responsibilities as Common Council and put an end to run around and maneuvering." At a meeting of Common Council on May 23',22006, while addressing financial information on the Pension Plan, you stated as follows: "There are errors and differences in the financial statements and there is no referenced explanation or footnote in the financial statements... The early retirement program cost the City's Pension Plan far more than what was reported and those costs are being passed on to the taxpayer... Independent advice free from management, free from Common Council and free from the Pension Board has not been provided. Your Worship. 1 now, finally, have the documentation to show this. As a member of Common Council I am prepared to share this with my Council colleagues and the public at large and I will not accept these financial statements. Thank you." SA In•r .1{ H IN ► MONCTON • ST. ANDREWS ► ST. STEPHEN CLARK DRUINIM1E PAGE 3 At the Common Council meeting on June 5',2006, while alleging a need for an independent review. you stated as follows: "With respect to this independent review, Your Worship, I hope the situation in Saint John is not as bad as what is happening in San Diego, however. we won't know until we have a full and complete independent examination. Past decisions to alleviate the financial stress on the City's operational budget by transferring that financial burden to the Pension Plan mirrors the logic of a desperate gambler. Only a desperate gambler would have taken the risk of hoping pension investments would somehow recover the operational budget losses, especially when no action was taken to decrease the risks and when the pension plan was severely underfunded at the time of this decision. Let me remind everyone that this is about the property of another person." At the Common Council meeting of June 19`x', 2006 while again alleging a need for an independent review, you stated as follows: "I'll be very clear. Morneau Sebeco is not independent with respect to being third party independent according to industry standards. That's it. It's that simple. I think the taxpayers deserve to have this third party independence. There's a lot of different stories. I want a third party independent explanation. I assure you Your Worship and with all due respect these attempts to sweep any solutions under the huge Pension Plan under the carpet will not last forever. Many employees and professional people are coming forward with solid information and revealing details, Your Worship." On June 28 ". 2006 John Nugent, in his capacity as City Solicitor for the City of Saint John provided a letter opinion to Common Council to the effect that Council had a duty to call upon you to provide information to Common Council to support your allegations. Subsequently, Common Council resolved that Common Council call upon you to submit to the Compton Clerk, not later than July 13 "'. 2006, for distribution at the next regularly scheduled meeting, a full and accurate written description of the information upon which you were relying in making the comments identified in the City Solicitor's letter as well as any other information which you believe reveals or reasonably suggests untoward behaviour which adversely affects the City's financial obligation to the Pension Fund. On July 13''', 2006, you made a presentation to Council. During the presentation. you verbally. in writing, and using the demonstrative aid of slides: (a) after claiminu that the actions of the Pension Board cost the City of Saint John an extra $7,900.000.00 stated: SAINT .JOHN • MONCf ON • ST. ANDREWS • ST. STEPHEN CLARK DRUMMIE "I raised this matter to a very senior person who sits on the Pension Board." "I have his name, rank and serial number. $5,900,000.00 /year extra." "There's the figure - that figure is shocking." And I said, to - "isn't that illegal" "Yes, it is ", said that person, "but so is drinking and driving, and people do that every day." Let us refresh our memory: the person on the Pension Board said - "it is like drinking and driving and people do it every day ". And that person is laughing at Council and laughing at the Saint John taxpayers. Remember I heard this person and that person on the Pension Board is laughing at you. "It is like drinking and driving and people do it every day ". Remember "it is like drinking and driving and people do it every day" as a member of the Pension Board said to me." PAGE a (h) after noting that you had responded to Council's request for material on the City of Saint John's Pension Plan deficit. stated: "The request of Council, please note, was initiated by John Nugent (City Solicitor and Pension Board member) who is not a voting member of the Council. I must also note that his proposition to Council was akin to a political initiative in response to hearsay or misinterpretations, some of it in the form of opinion commentary, offered by others on discussions in Council. Who authorized Nugent to write that letter and present it to Council in closed session? Nugent's letter was not a legal interpretation of anything directly spoken or suggested by me. Aside from the propriety of his motion for a vote of Council, he offered no quotes from me, no witnesses to my statements, ordoeumentation of his concerns, nor did he offer any shred of evidence that my questions to staff were groundless or malicious." (c) after acknowledging that you had been provided with information by City of Saint John staff through various communication channels, stated: SAJ T JOHN - MONCTON - ST. ANDREWS - ST. STEPHEN CLARK DRUMMIE "This information, however, has been buried in erroneous and incomplete response packages. It is selective information, organized and presented to Council by staff as though it was a seamlessly persuasive document. This presentation will show vital omissions resulting in flawed reporting on the Pension Plan deficit. A 2002 decision to retire employees early was not based on sound information on the loss it would add to the Pension deficit. This presentation will also show glaring irregularities in the staff recommendations for the early retirement and buy outs. The rationale for many of the early retirement/voluntary separation program buy outs was based on reducing the number of permanent employees as a work force economy and efficiency measure. But in too many cases there were no long term deletions or abolishment of the positions. Instead the position was simply renamed or refilled without significant savings by the buy outs specific to the buy out position, i.e., Fire Chief." PAGE 5 (d) after referring to a committee which included yourself established by Common Council, stated: "Be it resolved that the City Manager, the Commissioner of Finance, Councillor Ferguson, and Ferron investigate the possibility of issuing pension obligation bonds to assist with the unfunded liability of the Pension Fund and they be given the authority to seek outside professional assistance that they deem necessary to do so. Even though Council approved this authority, councillors have been denied the opportunity to seek outside professional advice." (e) while addressing the issue of a number of City employees receiving disability pension stated: "The principle problem that has come to my attention (and this comes from documentation and a number of individuals) is that a number of City employees have been put on disability pension and have been given the medical: documents authorizing them as qualified for permanent disability pension. The real reason, is alleged, for the disability was simply because they could not get along with the department supervisor. It is stated this happened when there was no medical evidence to support the disability pension. The sole criteria on it, allegedly, in many cases for a disability award was that the supervisor and the employee could not get along in the workplace." CATNT J0ffN • MONCTON -ST. ANIMPW.0 . CT. CTP.PTTFN CLARK DRUMMIE PAGE 6 (f) again referring to the number of employees receiving disability pension stated: "What is it, 103 or 226 on disability pension ?" (c) while addressing the amount of the disability pension benefit an employee receives. you stated: "Saint John's Disability Pension approvals are fourtimes the industry standard and represent 80% of an employee's gross salary." (h) while addressing the cost per year of pension disability benefit payments, stated: "If there are 226 persons on disability pension, then based on industry standards that translates to 169 additional employees at home making 80% salary. That number is 55,900,000.00 a year extra in pension disability costs to the City of Saint John taxpayers and fellow employees." (i) while addressing the issue of what the Pension Board had done, stated: "A Halifax based lawyer has also cautioned the Pension Board that the Pension Board was in a legally precarious position for having approved virtually every longterm disability application on the wrong definition of disability. The Halifax based lawyer recommended the City seek a lesaI opinion on whether its medical expert breached their fiduciary duty. The Board didn't think that was worth pursuing said the former Commissioner of Finance - the now new Deputy City Manager of Programs and Services. They decided to walk away from money that was recoverable." (j} while addressing the issue of possibility of recovering money to replenish the Pension Fund. stated: "They are confused. I am talking about insurance that covers bad decisions. It is called trustee insurance." (k) while addressing the issue of an early retirement program offered to City employees and its effect on the Pension Plan. stated: "The recommendations only show the operational budget financial implications in 2002. The reports do not show the financial implications to the Pension Plan. The financial implications on the pension plan were reported much later." SAINT IOIFN • i ION(`TON • ST. ANDRMS • ST. STEPHEN CLARK DRUMMIE (1) again while addressing, the early retirement program, stated: "Poor decision making: first why were employees offered normal buy outs, and then enhanced buy outs? It was too expensive to retire people early, when the Pension Plan was in deficit and the operational budget was stressed. This recommendation to introduce this early retirement/voluntary separation package made no sense at all." (m) while addressing the City's organizational renewal program, stated: "Need for new policy. These decisions were made by the Common Council of the day. It appears they were based on erroneous and incomplete staff information." (n) when addressing the issue of City employees who resigned, stated: "There was only one person who left voluntarily." (o) while addressing a reduction in City staff, stated: "The previous slide indicates the managerial and non -union staffing members would be reduced to 68 after this transition." (p) when addressing the savings in staff reduction, stated: "Why spend 3.7 million when you did not reduce the staffing members ?" (q) when addressing the issue of the unfunded liability and its causes, stated: "Senior staff has been quoted stating the Pension Fund unfunded liability is due to a downturn in the stock market. We have been told our plan needs to make 8% to meet its obligation. Or is this the price you pay when you have a workplace cultural problem ?" PAGE 7 (r) when addressing the issue of the amount required to contribute to the pension fund in the 2003, stated: "In addition to the $400.000.00 question, the error in not paying a $600.000.00 payment debt was simply passed off as "whoops I forgot „. SAINT .10111 • MONCTON • ST. ANDRFWS • ST. STF.P1iF.N CLARK DRUMMIE PAGE S (s) when addressing the issue of possible employee reductions, stated: "Which employees are you going to cut first? Are you going to cut the managers who gave themselves big salary increases and promotions?" We state, and the fact is, that you knew and certainly should have known that the statements you were making as described in the aforegoing paragraphs in the context in which they were made were false and misleading. We state, and the fact is, that said statements, taken alone, and as a whole were meant and understood to mean that the Board and its members were derelict in their duties and attempting to deceive members of Common Council, employees under the Pension Plan and the public. The words were calculated to disparage the reputation and characters of the Board and its members. Those words have caused the Board and its members damages, particularly in light of the Board's and its members' important fiduciary obligations and positions of trust. Following the July 13 "', 2006 presentation, the Board and its members provided Common Council, including you, with letters specifically describing some of the false information provided by yourself and putting you on notice that such information cast a negative and distorted cloud over the Board and its members. Despite receiving those letters, you wrote a commentary which appeared in the Friday, September 3',2006 edition of The Telegraph Journal, a daily newspaper with provincial circulation stating as follows: "Public interest in the pension fund deficit has grown significantly since my July I'll"' report to Common Council. This public interest demonstrates how important this issue in respect to the City's financial security. A series of management decisions affecting the pension fund were made worse by the market downturn. Other municipal plans suffering the same market downturn have long ago recovered. unlike Saint John's pension fund, which remains unfunded and is millions of dollars in deficit. Regrettably, Council's decision not to conduct a public teach -in on the pension issue (and seek answers to questions that councillors have raised about the pension deficit) means that key problems and possible solutions remain buried. At the last July Common Council meeting, City Manager Terry Totten attempted to rebut my criticism of the management of the pension plan and the disability awards. He insinuated that my report was "void of any material facts ornew information not already known to the other members of this council." SAINT 1(111N • A10NCTON • CT. AN UFUN a CT. CTFPTTFN CLARK DRUMMIE PAGE 9 But former Mayor Shirley McAlary, in a Telegraph- Journal interview, stated that she and other members of council of the day were "told by (City Finance Commissioner) Andrew Beckett and (City Manager) Totten (that the early buyout packages) would not have any effect on the pension plan and would save money over the long- term.'' (Telegraph - Journal, July 14, 2006) Who, then, are we to believe? City management wants us to trust them, but we must trust them only to the extent that we can verify what they tell us. Mr. Totten may very well dismiss my claim that the city had 120 individuals given disability awards, but there were 120 known persons on disability pension as of Dec. 8, 2003. according to Ronald Pink - a lawyer hired by the Pension Board "following a damning actuary report ", according to a Telegraph - Journal article of March 2, 2005. Newly promoted Deputy Manager Andrew Beckett now claims that there are only 99 disability pensions, but he offers no explanation for the difference between his and Mr. Pink's numbers, of which the Telegraph - Journal's 2005 article reported: "Virtually every application for disability was approved using the wrong definition of disability." It's not enough. therefore, to know how many city employees are on disability today. One also has to know how many persons previously on disability are now classified as retired on regular pension. In how mane cases was the standard of disability applied incorrectly? How much did this cost the city in disability pensions mistakenly awarded'? What steps have been taken to prevent the same from occurring again? When will the city take action and recover this money from fiduciary duty insurance? What legal duty did city management have to provide to accommodate sick leave employees? How many years did this eo unchecked, and how much money did it cost the city taxpayers? Other questions needing independently verifiable answers from city management include the following: Are there clauses in city Labour contracts that force employees into disability pensions when thev could be working for the city in another capacity? l'd IN'T IIITM M. WINI`T(1/l . CT IXMVFWf� . CT CTVPIMA: CLARK DRUMMIE Was any thought given to the impact early retirement packages would have on the city's pension obligations the last time council voted to reduce staff? What was the impact of expanding the size of the city workforce again, following the so- called staff reduction buyouts? What impact will dramatically increasing management salaries, as Council agreed to do this year on the recommendation of the City Manager, have on the pension plan? The people of Saint John ought to know how management salary increases and pension decisions add up in new taxes before the city increases salaries or makes pension decisions. Failure to receive this information does the taxpayers a serious disservice. The fiscal future of the city will be troubled. Investors in the city's growth will lack confidence in our motives forwanting them to invest here. They may well believe that we want them here to tax them to cover our pension deficit. We have only to consider the lawsuits outstanding over the Nackawic pension underfunding when the Nackawic Mill went bankrupt or the lawsuit by health workers in Halifax over the pension deficit there. In Saint John we were told simply, in the words of Mr. Totten, to "pick your poison." PAGE 10 The words set out above were meant and understood to mean that the Board and its members were derelict in their duties and attempting to deceive members of Common Council, employees under the Pension Plan and the public. We hereby demand a public retraction and apology on terms acceptable to our clients as well as confirmation that you will cease making defamatory statements. If we have not heard from you within ten days of your receipt of this letter we will commence an action in the Court of Queen's Bench of New Brunswick. Given the seriousness of this matter, we suggest that you retain legal counsel with whom we can communicate immediately. BRMlcaf cc: Par Woods Yours very truly, CLARK DRUMMIE Barry R. Morrison (.1 CA TNT 1OHN • MONCTON • ST. ANT }HEWS +.9T. STFPHF.N IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF SAINT JOHN BETWEEN: THE BOARD OF TRUSTEES OF THE CITY OF SAINT JOHN EMPLOYEE PENSION PLAN,NORMAN MELBOURNE McFARLANE, ANDREW BECKETT, ANDREW ERIC BELYEA, WILLIAM HENRY BUCKLEY, KEVIN PAUL ESTABROOKS, DAVID JOHN GOULD, JOHN LA WLOR NUGENT, FREDERICK LEE SLIPP, PAUL GLENDON TAIT, CHRISTOPHER THOMAS TITUS, TERRENCE LORNE TOTTEN, JAMES PATRICK THOMAS WOODS, and GREGORY JOHN YEOMANS, JOHN FERGUSON, Plaintiffs, Defendant. NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED (FORM 16A) TO: The Defendant, John Ferguson 33 Vista Ridge Crescent Saint John, NB E2J 4K4 LEGAL PROCEEDINGS HAVE BEEN COMMENCED AGAINST YOU BY FILING THIS NOTICE OF ACTION WITH STATEMENT OF CLAIM ATTACHED. If you wish to defend these proceedings, either you or a New Brunswick lawyer acting on your behalf must prepare your Statement of Defence S /Cl X5_3 /0 � COUR DU BANC DE LA REINE DE NOUVEAU - BRUNSWICK DIVISION DE PREMIER INSTANCE CIRCONSCRIPTION JUDICIAIRE DE SAINT JOHN AVIS DE POURSUITE ACCOMPAGNE EXPOSE DE LA DEMANDE (FORMULE 16A) 1010,311UNIN FA 1.1 PAR LE DEPOT DU PRESENT AVIS DE POURSUITE ACCOMPAGNE D'UN EXPOSE DE LA DEMANDE UNE POURSUITE JUDICIAIRE A ETE ENGAGEE CONTRE VOUS. in the form prescribed by the Rules of Court and serve it on the Plaintiff or the Plaintiffs lawyer at the address shown below and, with proof of such service, file it in this Court Office together with the filing fee of $50, (a) if you are served in New Brunswick, WITHIN 20 DAYS after service on you of this Notice of Action with Statement of Claim Attached, or (b) if you are served elsewhere in Canada or in the United States of America, WITHIN 40 DAYS after such service, or (c) if you are served anywhere else, WITHIN 60 DAYS after such service. If you fail to do so, you may be deemed to have admitted any claim made against you, and without further notice to you, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE: You are advised that: (a) you are entitled to issue documents and present evidence in the proceeding in English or French or both; (b) the Plaintiffs intend to proceed in the English language; and (c) your Statement of Defence must indicate the language in which you intend to proceed. 2 Si vous desirez presenter une defense dans cette instance, vous -meme ou un avocat du Nouveau - Brunswick charge de vous representer devrez rediger un expose de votre defense en la forme prescrite par les Regles de procedure, le signifier au demandeur ou a son avocat a 1'adresse indiquee ci- dessous et le deposer au greffe de cette Cour avec un droit de depot de $50 et une preuve de sa signification, (a) DANS LES 20 JOURS de la signification qui vous sera faite du present avis de poursuite accompagne d'un expose de la demande, si elle vous est faite au Nouveau - Brunswick ou (b) DANS LES 40 JOURS de la signification, si elle vous est faite dans une autre region du Canada ou dans les Etats -Unis d'Amerique ou (c) DANS LES 60 JOURS de la signification, si elle vous est faite ailleurs. Si vous omettez de la faire, vous pourrez etre repute avoir admis toute demande formulee contre vous et, sans autre avis, JUGEMENT POURRA ETRE RENDU CONTRE VOUS EN VOTRE ABSENCE. Sachez que: (a) vous avez de droit dans le presente instance, d'emettre des documents et de presenter votre preuve en francais, en anglais ou dans les deux langues; (b) le demandeur a 1'intention d'utiliser la langue anglaise; et (c) 1'expose de votre defense doit indiquer la langue que vous avez 1'intention d'utiliser. THIS NOTICE is signed and sealed for the Court of Queen's Bench by George S. Theriault, Q.C. Clerk of the Court at Saint John, on the day of January, 2007. Clerk of the Court Judicial District of Saint J 110 Charlotte Street PO Box 5001 Saint John, NB E21, 4Y9 r� d e 3 CET AVIS est sign et scelle au nom de la Cour du Banc de la Reine par , greffier de la Cour a ce 20_. (adresse du greffe STATEMENT OF CLAIM 1. The Plaintiff, The Board of Trustees of the City of Saint John Employee Pension Plan, is a board established in and by The City of Saint John, New Brunswick and is the body responsible for the administration of the City of Saint John Employee Pension Plan (the "Pension Plan "). 2. The other individually named Plaintiffs are all residents of the City of Saint John aforesaid and are or were at material times individual Trustees of the Board of Trustees of the City of Saint John Employee Pension Plan (the "Trustees "). The Plaintiffs, McFarlane, Tait, Titus, Beckett, Yeomans, Woods, Nugent and Totten have, at material times, in addition to being Trustees, occupied respectively the positions of Mayor of Saint John, Common Councillor of Saint John, Common Councillor of Saint John, Finance Commissioner of Saint John, Finance Commissioner of Saint John, Common Clerk of Saint John, City Solicitor of Saint John and City Manager of Saint John. All the Plaintiffs, save the City of Saint John employees Beckett, Yeomans, Woods, Nugent and Totten, have positions with other employers and organizations involving considerable responsibility as well. 3. The Defendant, John Ferguson, is a resident of the City of Saint John aforesaid and is a member of Saint John Common Council. 0 4. According to an actuarial valuation prepared by Momeau Sobeco, as of December 31, 2003, the Pension Plan's going concern financial position showed an unfunded liability of $43,547,200.00, and the liabilities on an insolvency basis were greater than the solvency assets by $88,852,300.00. 5. In 2004, and the year following, that information, as well as information on steps being taken to address the situation were made known to members of Saint John Common Council, including the Defendant, John Ferguson. 6. In 2005, the Defendant, John Ferguson, under the guise of performing his duty as a Common Councillor, embarked upon a systematic and sustained course of action to maliciously and recklessly defame the Plaintiffs, both by direct statements and innuendo, particulars of which are hereafter described. 7. At a meeting of Common Council on April 11, 2005, while commenting on a declaration of conflict of interest by the Plaintiffs, John Nugent and Terry Totten, because of their being Trustees as well as senior staff employed by the City of Saint John, the Defendant stated as follows: "The Telegraph Journal and other media have been patient, they have been waiting to see what our next step is, there is definite talk on the street, I've had several professionals within our community contact me, advise me in confidence, simply because the issue is so severe. The legal paper trail staff creates (sic) through efforts to remove this conflict recognition process only increases rather than reduces the liability of this Council and its individual members in face of a plus or minus $45,000,000.00 shortfall. The same individuals who could guide us in respect to our obligations and responsibility of Council are the same individuals who decided to walk away from the legal opinion of Mr. Ronald Pink, one of the most respected lawyers in Atlantic Canada. This is related to a medical doctor who breached his fiduciary duty to the Pension Plan and I have a copy of the March 2nd Telegraph article, page A3 and I can circulate it if anybody wants to read it. The Pension Board decided it was not worth pursuing yet Mr. Pink's statement clearly indicates money was recoverable for the Pension Plan. I strongly suggest that money would have been reimbursed to the Pension Plan from the medical doctor's insurance policy, however, senior staff in their governance role in the Pension Plan chose to walk away from the money, again, it's in this document. I am not bringing this matter forward nor have I ever brought this matter forward as was stated in a heated way that I am trying to run this City. Borrowing a phrase from one of my critics, I will simply say there is some serious shit coming down the sauna tube and some individuals in this room are at the wrong end of the sauna tube. I am told too, by senior legal counsel, there is standing evidence of gross negligence. It is time to get with the game plan in respect to our obligations and responsibilities as Common Council and put an end to run around and maneuvering." 5 8. City employees are only entitled to Pension Plan Disability payments if a medical opinion is provided confirming the disability. The prescribed definition of "disability" for the Plan has, from time to time, changed. The Plaintiffs had, to the knowledge of the Defendant, investigated the issue of what, if any, part of the shortfall in the Pension Fund may have been caused by erroneous interpretation of the definition of "disability" for City employees by a medical practitioner. The Defendant knew full well that the Pension Fund shortfall had more than one cause. 9. At a meeting of Common Council on May 23, 2006, while addressing financial information on the Pension Plan, the Defendant stated as follows: "There are errors and differences in the financial statements and there is no referenced explanation or footnote in the financial statements... The early retirement program cost the City's Pension Plan far more than what was reported and those costs are being passed on to the taxpayer... Independent advice free from management, free from Common Council and free from the Pension Board has not been provided. Your Worship, I now, finally, have the documentation to show this. As a member of Common Council I am prepared to share this with my Council colleagues and the public at large and I will not accept these financial statements. Thank you." 10. All financial statements, to the knowledge of the Defendant, are carefully prepared by accountants and any errors, when found, corrected in a timely manner. 11. At the Common Council meeting on June 5, 2006, while commenting on a need for an independent review, the Defendant stated as follows: "With respect to this independent review, Your Worship, I hope the situation in Saint John is not as bad as what is happening in San Diego, however, we won't know until we have a full and complete independent examination. Past decisions to alleviate the financial stress on the City's operational budget by transferring that financial burden to the Pension Plan mirrors the logic of a desperate gambler. Only a desperate gambler would have taken the risk of hoping pension investments would somehow recover the operational budget losses, especially when no action was taken to decrease the risks and when the pension plan was severely underfunded at the time of this decision. Let me remind everyone that this is about the property of another person." 12. The "situation in San Diego" referred to by the Defendant involved fraudulent use of pension fund monies by San Diego, California pension fund trustees. The facts of that situation had been published internationally. 13. At the Common Council meeting of June 19, 2006, while again commenting on the need for an independent review, the Defendant stated as follows: "I'll be very clear. Morneau Sebeco is not independent with respect to being third party independent according to industry rol standards. That's it. It's that simple. I think the taxpayers deserve to have this third party independence. There's a lot of different stories. I want a third party independent explanation. I assure you Your Worship and with all due respect these attempts to sweep any solutions under the huge Pension Plan under the carpet will not last forever. Many employees and professional people are coming forward with solid information and revealing details, Your Worship." 14. Morneau Sobeco is, to the knowledge of the Defendant, a well known, competent, independent actuarial firm. 15. On June 28, 2006, the Plaintiff John Nugent, in his capacity as City Solicitor for the City of Saint John, provided a letter opinion to Common Council that Council had a duty to call upon the Defendant to provide information to Common Council to support his allegations. 16. Subsequently, Common Council resolved that Common Council call upon Councillor John Ferguson to submit to the Common Clerk not later than July 13, 2006, for distribution at the next regularly scheduled meeting, a full and accurate written description of the information upon which he is relying in making the comments identified in the City Solicitor's letter in this regard of June 28, 2006, addressed to Common Council, as well as any other information which he believes reveals or reasonably suggests untoward behaviour which adversely affects the City's financial obligation to the Pension Fund. 17. On July 13`'', 2006 the Defendant made a presentation to Council. During the presentation, the Defendant verbally, in writing and using the demonstrative aid of slides: (a) after claiming that the actions of the Plaintiffs cost the City of Saint John an extra $5,900,000.00 a year, stated: • "I raised this matter to a very senior person who sits on the Pension Board." • "I have his name, rank and serial number. $5,900,000.00 /year extra." • "There's the figure - that figure is shocking." • And I said, to - "isn't that illegal ". • "Yes, it is ", said that person, "but so is drinking and driving, and people do that every day." • Let us refresh our memory: the person on the Pension Board said - "it is like drinking and driving and people do it every day ". And that person is laughing at Council and laughing at the Saint John taxpayers. Remember I heard this person and that person on the Pension Board is laughing at you. "It is like drinking and driving and people do it every day ". Remember "it is like drinking and driving and people do it every day" as a member of the Pension Board said to me." (b) after noting that he has responded to Council's request for material on the City of Saint John's Pension Plan deficit, stated: "The request of Council, please note, was initiated by John Nugent (City Solicitor and Pension Board member) who is not a voting member of the Council. I must also note that his proposition to Council was akin to a political initiative in response to hearsay or misinterpretations, some of it in the form of opinion commentary, offered by others on discussions in Council. Who authorized Nugent to write that letter and present it to Council in closed session? Nugent's letter was not a legal interpretation of anything directly spoken or suggested by me. Aside from the propriety of his motion for a vote of Council, he offered no quotes from me, no witnesses to my statements, or documentation of his concerns, nor did he offer any shred of evidence that my questions to staff were groundless or malicious." (c) after acknowledging that he had been provided with information by City of Saint John staff through various communication channels, stated: "This information, however, has been buried in erroneous and incomplete response packages. It is selective information, organized and presented to Council by staff as though it was a seamlessly persuasive document. This presentation will show vital omissions resulting in flawed reporting on the Pension Plan deficit. A 2002 decision to retire employees early was not based on sound information on the loss it would add to the Pension deficit. This presentation will also show glaring irregularities in the staff recommendations for the early retirement and buy outs. The rationale for many of the early retirement/voluntary separation program buy outs was based on reducing the number of permanent employees as a work force economy and efficiency measure. But in too many cases there were no long term deletions or abolishment of the positions. Instead the position was simply renamed or refilled without significant savings by the buy outs specific to the buy out position, i.e., Fire Chief." (d) after referring to a committee which included himself established by Common Council, stated: "Be it resolved that the City Manager, the Commissioner of Finance, Councillor Ferguson, and Ferron investigate the possibility of issuing pension obligation bonds to assist with the unfunded liability of the Pension Fund and they be given the authority to seek outside professional assistance that they deem necessary to do so. Even though Council approved this authority, councillors have been denied the opportunity to seek outside professional advice." (e) while addressing the issue of a number of City employees receiving disability pension, stated: "The principle problem that has come to my attention (and this comes from documentation and a number of individuals) is that a number of City employees have been put on disability pension and have been given the medical documents authorizing them as qualified for permanent disability pension. The real reason, is alleged, for the disability was simply because they could not get along with the department supervisor. It is stated this happened when there was no medical evidence to support the disability pension. The sole criteria on it, allegedly, in many cases for a disability award was that the supervisor and the employee could not get along in the workplace." (f) again referring to the number of employees receiving disability pension, stated: "What is it, 103 or 226 on disability pension ?" (g) while addressing the amount of the disability pension benefit an employee receives, stated: "Saint John's Disability Pension approvals are four times the industry standard and represent 80% of an employee's gross salary." (h) while addressing the cost per year of pension disability benefit payments, stated: "If there are 226 persons on disability pension, then based on industry standards that translates to 169 additional employees at home making 80% salary. That number is $5,900,000.00 a year extra in pension disability costs to the City of Saint John taxpayers and fellow employees." (i) while addressing the issue of what the Pension Board had done, stated: "A Halifax based lawyer has also cautioned the Pension Board that the Pension Board was in a legally precarious position for having approved virtually every long term disability application on the wrong definition of disability. The Halifax based lawyer recommended the City seek a legal opinion on whether its medical expert breached their fiduciary duty. The Board didn't think that was worth pursuing said the former Commissioner of Finance - the now new Deputy City Manager of Programs and Services. They decided to walk away from money that was recoverable." (j) while addressing the issue of possibility of recovering money to replenish the Pension Fund, stated: "They are confused. I am talking about insurance that covers bad decisions. It is called trustee insurance." (k) while addressing the issue of an early retirement program offered to City employees and its effect on the Pension Plan, stated: "The recommendations only show the operational budget financial implications in 2002. The reports do not show the financial implications to the Pension Plan. The financial implications on the pension plan were reported much later." (1) again while addressing the early retirement program, stated: "Poor decision making: first why were employees offered normal buy outs, and then enhanced buy outs? It was too expensive to retire people early, when the Pension Plan was in deficit and the operational budget was stressed. This recommendation to introduce this early retirement/voluntary separation package made no sense at all." (m) while addressing the City's organizational renewal program, stated: "Need for new policy. These decisions were made by the Common Council of the day. It appears they were based on erroneous and incomplete staff information." (n) when addressing the issue of City employees who resigned, stated: "There was only one person who left voluntarily." 10 (o) while addressing a reduction in City staff, stated: "The previous slide indicates the managerial and non- union staffing members would be reduced to 68 after this transition." (p) when addressing the savings in staff reduction, stated: "Why spend 3.7 million when you did not reduce the staffing members ?" (q) when addressing the issue of the unfunded liability and its causes, stated: "Senior staff has been quoted stating the Pension Fund unfunded liability is due to a downturn in the stock market. We have been told our plan needs to make 8% to meet its obligation. Or is this the price you pay when you have a workplace cultural problem ?" (r) when addressing the issue of the amount required to contribute to the pension fund in the 2003, stated: "In addition to the $400,000.00 question, the error in not paying a $600,000.00 payment debt was simply passed off as "whoops I forgot "." (s) when addressing the issue of possible employee reductions, stated: "Which employees are you going to cut first? Are you going to cut the managers who gave themselves big salary increases and promotions ?" 18. The Plaintiffs state, and the fact is, that the Defendant knew or should have known that many of the statements he was making as described in the aforegoing paragraphs were false. The Plaintiffs further state, and the fact is, that said statements taken alone and as a whole were meant and were understood to mean that the Plaintiffs were derelict in their duties and were attempting to deceive members of Common Council, employees under the Pension Plan, and the public. The words were calculated to disparage the reputation and character of the Plaintiffs. The words have caused the Plaintiffs damages, particularly in light of the Plaintiffs' ongoing fiduciary obligations and positions of trust. 19. Following the July 13, 2006 presentation, the Plaintiffs provided Common Council, including the Defendant, John Ferguson, with letters specifically describing the false information provided by the Defendant, and stating that such information cast a negative and distorted cloud over the activities of the Plaintiffs. 11 20. Despite receiving those letters, the Defendant wrote a commentary which appeared in the Friday, September 3, 2006 edition of the Telegraph Journal, a daily newspaper with provincial circulation, stating as follows: "Public interest in the pension fund deficit has grown significantly since my July 17' report to Common Council. This public interest demonstrates how important this issue in respect to the City's financial security. A series of management decisions affecting the pension fund were made worse by the market downturn. Other municipal plans suffering the same market downturn have long ago recovered, unlike Saint John's pension fund, which remains unfunded and is millions of dollars in deficit. Regrettably, Council's decision not to conduct a public teach - in on the pension issue (and seek answers to questions that councillors have raised about the pension deficit) means that key problems and possible solutions remain buried. At the last July Common Council meeting, City Manager Terry Totten attempted to rebut my criticism of the management of the pension plan and the disability awards. He insinuated that my report was "void of any material facts or new information not already known to the other members of this council." But former Mayor Shirley McAlary, in a Telegraph - Journal interview, stated that she and other members of council of the day were "told by (City Finance Commissioner) Andrew Beckett and (City Manager) Totten (that the early buyout packages) would not have any effect on the pension plan and would save money over the long - term." (Telegraph- Journal, July 14, 2006) Who, then, are we to believe? City management wants us to trust them, but we must trust them only to the extent that we can verify what they tell us. Mr. Totten may very well dismiss my claim that the city had 120 individuals given disability awards, but there were 120 known persons on disability pension as of Dec. 8, 2003, according to Ronald Pink - a lawyer hired by the Pension Board "following a damning actuary report", according to a Telegraph - Journal article of March 2, 2005. Newly promoted Deputy Manager Andrew Beckett now claims that there are only 99 disability pensions, but he offers no explanation for the difference between his and Mr. Pink's numbers, of which the Telegraph - Journal's 2005 article reported: "Virtually every application for disability was approved using the wrong definition of disability." 12 It's not enough, therefore, to know how many city employees are on disability today. One also has to know how many persons previously on disability are now classified as retired on regular pension. In how many cases was the standard of disability applied incorrectly? How much did this cost the city in disability pensions mistakenly awarded? What steps have been taken to prevent the same from occurring again? When will the city take action and recover this money from fiduciary duty insurance? What legal duty did city management have to provide to accommodate sick leave employees? How many years did this go unchecked, and how much money did it cost the city taxpayers? Other questions needing independently verifiable answers from city management include the following: Are there clauses in city labour contracts that force employees into disability pensions when they could be working for the city in another capacity? Was any thought given to the impact early retirement packages would have on the city's pension obligations the last time council voted to reduce staff? What was the impact of expanding the size of the city workforce again, following the so- called staff reduction buyouts? What impact will dramatically increasing management salaries, as Council agreed to do this year on the recommendation of the City Manager, have on the pension plan? The people of Saint John ought to know how management salary increases and pension decisions add up in new taxes before the city increases salaries or makes pension decisions. Failure to receive this information does the taxpayers a serious disservice. The fiscal future of the city will be troubled. Investors in the city's growth will lack confidence in our motives for wanting them to invest here. They may well believe that we want them here to tax them to cover our pension deficit. We have only to consider the lawsuits outstanding over the Nackawic pension underfunding when the Nackawic Mill went bankrupt or the lawsuit by health workers in Halifax over the pension deficit there. In Saint John we were told simply, in the words of Mr. Totten, to "pick your poison." 13 Some councillors have suggested that my publicly raising the issue of deficiencies of the Pension Plan and funding liabilities was grandstanding. But it would have been a dereliction of my responsibility to represent the best interests of Saint John residents to have ignored the whopping deficit. Saint John cannot afford another $47 million dollar shortfall. We need to improve our pension management, so that widows of former employees, retirees, present city workers and taxpayers do not have to take any "poison" as a result of decisions made by city management and Common Council." 21. The words set out in paragraph 16 were also meant and understood to mean the Plaintiffs were derelict in their duties and were attempting to deceive members of Common Council, employees under the Pension Plan and the public. The Plaintiffs plead and specifically rely upon the provisions of sections 2, 3, and 6 of the Defamation Act, R.S.N.B. 1973, c. D -5 and amendments. 22. The Plaintiffs, therefore, claim a declaration that they have been defamed, damages, interest on damages, solicitor client costs, and such other relief as this Honourable Court deems just. DAXP at Saint John, NB, this 22nd day of an ary, 2007 Barry R. Morrison, Q.C. CLA K DRUMMIE Solicitors for the Plaintiffs, The Board of Trustees of the City of Saint John Employee Pension Plan, Norman Melbourne McFarlane, Andrew Beckett, Andrew Eric Belyea, William Henry Buckley, Kevin Paul Estabrooks, David John Gould, John Lawlor Nugent, Frederick Lee Slipp, Paul Glendon Tait, Christopher Thomas Titus, Terrence Lorne Totten, James Patrick Thomas Woods, Gregory John Yeomans CLARK DRUMMIE PO Box 6850 40 Wellington Row Saint John, NB E21, 4S3 Tel: (506) 633 -3800 Fax: (506) 633 -3812 FAIT Saint John, NB, le —20—. AVOCAT DU DEMANDEUR NOM DE UAVOCAT DU DEMANDEUR RAISON SOCIALE: ADRESSE PROFESSIONELLE: