2007-10-22_Agenda Packet--Dossier de l'ordre du jour
City of Saint John
Common Council Meeting
Monday, October 22, 2007
Committee of the Whole
1. Call to Order
5:00 p.m. 8th Floor Boardroom City Hall
1.1 Employment Matter 1 0.2( 4)G)
1.2 Development Matter 10.2(4)(c)
1.3 Legal Opinion 10.2(4)(f,g)
1.4 Legal Advice 10.2(4)(f)(Brought forward from October 16, 2007)
Regular Meeting
1. Call to Order - Prayer
6:45 p.m. Council Chamber
2. Approval of Minutes
2.1 October 9,2007 Council Minutes
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Letter from East Point Inc (Recommendation: Refer to City Manager)
5.2 Saint John Police Force Operating Budget August YTD Results
(Recommendation: Receive for Information)
5.3 Letter from Darlene Richard to Appear Before Council (Recommendation:
Refer to Clerk to Schedule when Noise By-law Amendment considered)
5.4 Notice of Special Meeting (Recommendation: Refer to Clerk to Schedule)
5.5 Saint John Development Corp Request to Include All Forms of Transportation
in the Design/construction of One-Mile House Interchange (Recommendation:
Refer to City Manager)
5.6 Letter from Michael Burgess to Appear before Council (Recommendation:
Refer to Clerk to Schedule when Noise By-law Amendment considered)
5.7 Stop-Up and Closure of EM CO Lane (Recommendation in Report)
5.8 Proposed Municipal Plan Amendment 243 Prince William St/230 Water St
(Former Grain Elevator Site)(Recommendation in Report)
5.9 Proposal by Bell Aliant Installation of Cellular Antennae Lancaster Water
Tank Site (Recommendation in Report)
5.10 Tenders for Chemicals (Recommendation in Report)
5.11 License for Harbour Passage Trail/Lookout over Ocean Steel & Construction
Ltd. Property (Recommendation in Report)
5.12 Harbour Passage Phase V Reversing Falls Lookout (Recommendation in
Report)
5.13 Design and Construction Management Cedar Point Sanitary Lift Station
Upgrade (Recommendation in Report)
5.14 Drinking Water Quality - Disinfection By-Products - October Update
(Recommendation in Report)
5.15 Public Hearing Date 120 McDonald St (Recommendation in Report)
5.16 Construction of Office Building Addition Leisure Services 171 Adelaide St
(Recommendation in Report)
5.17 City Market Tower Space Optimization Study (Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 Proclamation Safe Crossing Week
8. Delegations / Presentations
8:00 p.m.
8.1 Mayor's Task Force - UNBSJ & NBCC
8.2 River Road Community Alliance
9. Public Hearings
7:00 p.m.
9.1(a) Proposed Zoning By-law Amendment 170 St John St
9.1 (b) Planning Advisory Committee Recommending 170 St. John St Rezoning
and Variances
9.2(a) Proposed Zoning By-law Amendment 1964 Loch Lomond Rd
9.2(b) Planning Advisory Committee Recommending Proposed Zoning By-law
Amendment 1964 Loch Lomond Rd
9.3 Street Closing By-law Amendment Mill St
10. Consideration of By-laws
10.I(a) Plebiscite - Poll Declaration
10.I(b) Ward System of Election
10.I(c) Composition and the Election of Common Council By-law
11. Submissions by Council Members
11.1 Strategies in Developing and Funding Infrastructure Projects (Councillor
Chase)
11.2 Plans for Simms Corner (Councillor Chang)
11. 3 Water Conservation (Councillor Titus)
11.4 UNB SJ Tucker Park (Councillor Titus)
12. Business Matters - Municipal Officers
12.1 Motocross Track - Ocean Westway
12.2 Update Respecting a New Minimum Property Standards By-Law
13. Committee Reports
13.1 Planning Advisory Committee Recommending Cash in-lieu of Land for
Public Purposes Hillcrest Lake Estates Subdivision (Phase 5) 290 Hillcrest Rd
13.2 Planning Advisory Committee Recommending 2100 Sandy Point Rd
Subdivision and Variances
13.3 Planning Advisory Committee Recommending Cash in-Lieu of Land for
Public Purposes Cornish and Bernard Subdivision 3336 Loch Lomond Road
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Adjournment
City of Saint John
Seance du conseil communal
Le lundi 22 octobre 2007
Comite plenier
1. Ouverture de la seance
17 h Salle de conference du 8e etage de l'hotel de ville
1.1 Questions relatives it l'emploi - alinea 10.2( 4)j)
1.2 Questions relatives it l'amenagement - alinea 10.2(4)c)
1.3 Avis juridique - alineas 10.2( 4)f, g)
1.4 Avis juridique - alinea 10.2( 4)f) (point soul eve lors de la seance du
16 octobre 2007)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
18 h 45 Salle du conseil
2. Approbation du proces-verbal
2.1 Proces-verbal de la seance tenue Ie 9 octobre 2007
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a l'approbation du conseil
5.1 Lettre re<;ue de East Point Inc (recommandation : transmettre au directeur
general)
5.2 Budget de fonctionnement du corps de police de Saint John - Bilan financier
jusqu'au mois d'aout (recommandation : accepter it titre informatif)
5.3 Lettre de demande re<;ue de Darlene Richard voulant se presenter devant Ie
conseil (recommandation : transmettre au greffier pour qu'une date soit fixee
relativement it l'examen de la modification de l'arrete concernant la prevention de
bruit excessif)
5.4 Avis de reunion extraordinaire (recommandation : transmettre au greffier pour
qu'une date de presentation soit fixee)
5.5 Demande de la Saint John Development Corporation visant it inclure tous les
moyens de deplacement dans la conception et la construction de l'echangeur d'un
mille (recommandation : transmettre au directeur general)
5.6 Lettre de demande re<;ue de Michael Burgess voulant se presenter devant Ie
conseil (recommandation : transmettre au greffier pour qu'une date soit fixee
relativement it l'examen de la modification de l'arrete concernant la prevention de
bruit excessif)
5.7 Fermeture et barrage des tron<;ons de l'allee EMCO (recommandation
formulee au rapport)
5.8 Projet de modification du plan municipal relatif au 243, rue Prince William et
au 230, rue Water (emplacement de l'ancien elevateur it grain) (recommandation
figurant au rapport)
5.9 Proposition de Bell Aliant pour l'installation d'antennes cellulaires sur Ie
terrain du reservoir d'eau Lancaster (recommandation formulee au rapport)
5.10 Soumissions relatives aux produits chimiques (recommandation formulee au
rapport)
5.11 Permis pour Ie sentier du passage du port - Belvedere sur Ie bien-fonds
d'Ocean Steel & Construction Ltd. (recommandation formulee au rapport)
5.12 Phase V du passage du port - Belvedere des Chutes reversibles
(recommandation formulee au rapport)
5.13 Gestion de la conception et de la construction : modernisation du systeme
d'egouts sanitaires et de la station de relevement de Cedar Point (recommandation
formulee au rapport)
5.14 Qualite de l'eau potable - Sous-produits de desinfection - Mise it jour
d'octobre (recommandation formulee au rapport)
5.15 Date de la tenue d'une audience publique relativement au 120, rue McDonald
(recommandation formulee au rapport)
5.16 Construction d'une annexe it l'immeuble des services de loisir au
171, rue Adelaide (recommandation formulee au rapport)
5.17 Etude sur l'optimisation des etals de la tour du marche municipal
(recommandation formulee au rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Proclamation de la Semaine Traversez en securite
8. Delegations et presentations
20 h
8.1 Groupe de travail du maire - UNBSJ et CCNB
8.2 Alliance communautaire du chemin River
9. Audiences publiques
19 h
9.1a) Projet de modification de l'arrete de zonage visant Ie 170, rue St. John
9 .1 b) Comite consultatif d'urbanisme recommandant les derogations et Ie
rezonage du bien-fonds situe au 170, rue St. John
9.2a) Projet de modification de l'arrete sur Ie zonage visant Ie 1964, chemin Loch
Lomond
9.2b) Comite consultatif d'urbanisme recommandant Ie projet de modification de
l'arrete sur Ie zonage visant Ie 1964, chemin Loch Lomond
9.3 Modification de l'arrete sur la fermeture de routes visant la rue Mill
10. Etude des arretes municipaux
10.la) Referendum - Declaration d'elections
10.1 b) Systeme electoral
10.lc) Arrete relatif it l'election des membres du conseil communal et it sa
formation
11. Intervention des membres du conseil
11.1 Strategies relatives it la conception et au financement des projets
d'infrastructure ( conseiller Chase)
11.2 Plans pour Ie coin Simms (conseiller Chang)
11.3 Conservation de l'eau (conseiller Titus)
11.4 Parc Tucker - UNB SJ ( conseiller Titus)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Piste de moto-cross - Voie Ocean Ouest
12.2 Mise it jour relative au nouvel arrete sur les normes minimales applicables
aux biens-fonds
13. Rapports deposes par les comites
13.1 Comite consultatif d'urbanisme recommandant une compensation monetaire
contre l'affectation d'un terrain d'utilite publique pour Ie lotissement Hillcrest
Lake Estates (phase 5) situe au 290, chemin Hillcrest
13.2 Comite consultatif d'urbanisme recommandant les derogations et Ie
lotissement relativement au 2100, chemin Sandy Point
13.3 Comite consultatif d'urbanisme recommandant une compensation monetaire
contre l'affectation d'un terrain d'utilite publique pour Ie lotissement Cornish et
Bernard situe au 3336, chemin Loch Lomond
14. Etude des sujets ecartes des questions soumises a l'approbation du conseil
15. Correspondance generale
16. Cloture de la seance
present
Norman McFarlane, Mayor
Deputy Mayor Hooton and Councillors Chang, Chase, Court,
Ferguson, McGuire, Tait, Titus and White
- and -
1. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans,
Commissioner of Finance and Treasurer; P. Groody,
Commissioner of Municipal Operations; W. Edwards,
Commissioner of Buildings and Inspection Services; J. Holt, Staff
Sergeant, Police Force; R. Simonds, Fire Chief, E. Gormley,
Assistant Common Clerk and J. Ferrar, Administrative Assistant
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
A L'HOTEL DE VILLE, LE 9 OCTOBRE 2007 A 19 h
Sont presents:
Norman McFarlane, maire
la mairesse suppleante Hooton et les conseillers Chang, Chase,
Court, Ferguson, McGuire, Tait, Titus et White
et
1. Totten, directeur general; J. Nugent, avocat municipal;
Greg Yeomans, commissaire aux finances et tresorier;
P. Groody, commissaire aux operations municipales;
W. Edwards, commissaire aux services d'inspection et des
batiments; J. Holt, sergent d'etat-major - service de police;
R. Simonds, chef du service d'incendie, ainsi que E. Gormley,
greffiere communale adjointe et J. Ferrar, adjointe administrative.
1. Call To Order - Prayer
Mayor McFarlane called the meeting to order and Rector Eric Phinney of S1. James the
Less Anglican Church offered the opening prayer.
1. Ouverture de la seance, suivie de la priere
La seance est ouverte par Ie maire McFarlane. Le reverend Eric Phinney, pasteur de
I'eglise anglicane S1. James the Less, recite la priere d'ouverture.
2.1 Approval of Minutes
On motion of Deputy Mayor Hooton
Seconded by Councillor Titus
RESOLVED that the minutes of the meeting of
Common Council, held on September 10,2007, be approved.
Question being taken, the motion was carried.
2.1 Approbation du proces-verbal
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Titus
RESOLU que Ie proces-verbal de la reunion du
conseil communal tenue Ie 10 septembre 2007 soit approuve.
A I'issue du vote, la proposition est adoptee.
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the minutes of the meeting of
Common Council, held on September 24,2007, be approved
Question being taken, the motion was carried.
2.2 Approbation du proces-verbal
Proposition du conseiller Titus
Appuyee par Ie conseiller White
QUE Ie proces-verbal de la reunion du conseil du
24 septembre 2007 soit adopte.
A I'issue du vote, la proposition est adoptee.
3. Approval of Agenda
On motion of Deputy Mayor Hooton
Seconded by Councillor Chang
RESOLVED that the agenda of this meeting be
approved with the addition of item 12.1 Professional Fees Agreement with Robertson
Surrette.
Question being taken, the motion was carried.
3. Adoption de I'ordre du jour
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Chang
RESOLU que I'ordre du jour de la presente reunion
so it adopte, moyennant I'ajout du point 12.1, Entente presentee par la societe d'experts-
conseils Robertson Surrette relativement a ses honoraires.
A I'issue du vote, la proposition est adoptee.
15.1 John Wallace Request to Present to Council re UNBSJ
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the letter from John Wallace
requesting to present to Council regarding UNBSJ be referred to the Mayor's Task Force
UNBSJ-NBCC.
Question being taken, the motion was carried.
15.1 Demande de John Wallace voulant se presenter devant Ie conseil au sujet
de I'avenir de I'UNBSJ
Proposition du conseiller Titus
Appuyee par Ie conseiller White
RESOLU que la lettre de John Wallace visant a se
presenter devant Ie conseil relativement a I'UNBSJ so it transmise au groupe de travail
du maire qui est responsable du dossier UNBSJ-CCNB.
A I'issue du vote, la proposition est adoptee.
4. Disclosures of Conflict of Interest
4. Divulgations de conflits d'interets
5. Consent Agenda
with Service New Brunswick and the Department of Public Safety and that the Mayor
and Common Clerk sign the agreement on the City's behalf.
5.3 That as recommended by the City Manager, Common Council authorize The City
of Saint John to accept the instrument of Grant from Her Majesty the Queen Canada
under the Ministry of Fisheries and Oceans for the lands designated Parcel 06-01 on
Public Works and Government Services Canada Plan S-5274 dated January 5, 2007
and signed by Richard B. Stewart, New Brunswick Land Surveyor.
5.4 That as recommended by the City Manager, the road connecting Bayside Drive
and Red Head Road be named Hewitt Road.
5.5 That as recommended by the City Manager, Common Council schedule the
public hearings for the rezoning applications of Chipman Hill Suites Limited (282
Douglas Avenue), Barbara J. McGillivray (681-683 Chapel Street) and Harold Coughlan
(256 Wyatt Crescent) for Monday, November 5,2007 at 7:00 p.m. in the Council
Chamber.
5.6 That as recommended by the City Manager, the tender for the supply of abrasive
sand for the 2007/08 winter season be awarded to Lafarge Canada Inc., in the amount
of $7.31 per tonne, plus applicable taxes.
5.7 That as recommended by the City Manager, the tender from Cargill Deicing
Technologies, for the establishment of a two year supply agreement for highway salt, in
the amount of $48.86 per tonne of salt and $7.14 per tonne trucking, be accepted.
5.8 That as recommended by the City Manager, the report on Contract 2007-15
Champlain Drive Street Reconstruction where the root systems of several trees were
compromised and may have to be removed; and Leisure Services has indicated that
they have prepared a tree planting program for Champlain Drive, be received for
information.
5.9 That the letter from Cherry Brook Zoo submitting their 2008 budget request be
referred to the 2008 Budget.
5.10 That the letter from the Vision 2015 Citizens Advisory Group requesting to meet
with Council to present visions and goals be referred to the Common Clerk to schedule a
presentation.
On motion of Deputy Mayor Hooton
Seconded by Councillor White
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 Que la lettre de Rookmin Singh, concernant ses inquietudes en matiere de sante
en raison du fait qu'elle reside pres de la raffinerie de petrole de la compagnie Irving, soit
transmise au directeur general.
5.2 Que, comme Ie recommande Ie directeur general, Ie conseil adopte une
proposition appuyant la conclusion d'une entente relative au service de base de
donnees des adresses municipales du Nouveau-Brunswick entre la Ville et Services
Nouveau-Brunswick et Ie ministere de la Securite publique; et que Ie maire et Ie greffier
communal signent I'entente au nom de la Ville.
5.3 Que, comme Ie recommande Ie directeur general, Ie conseil communal autorise
The City of Saint John a accepter I'acte de concession de Sa Majeste la reine du
Canada, sous la direction du ministere des Peches et Oceans, dans Ie cas du bien-
fonds designe comme etant la parcelle 06-01 sur Ie plan S-5274 de Travaux publics et
~l'>r\lirl'>C: nr\l 1\11'> rn I'> ml'> nt::l I IY r.::ln::lrb ri::lt~ rill 1:\ i::ln\lil'>r ?nn7 I'>t c:inn~ n::lr Rirh::lrri
5.5 Que, comme Ie recommande Ie directeur general, Ie conseil communal fixe la
date de I'audience publique relative aux demandes de rezonage presentees par
Chipman Hill Suites Limited (282, avenue Douglas), Barbara J. Gillivray (681-683, rue
Chapel) et Harold Coughlan (256, croissant Wyatt), au lundi 5 novembre 2007, a 19 h,
dans la salle du conseil.
5.6 Que, comme Ie recommande Ie directeur general, Ie contrat relatif a
I'approvisionnement en sable abrasif pour la saison hivernale 2007-2008, so it accorde a
Lafarge Canada Inc., au montant de 7,31 $ la tonne, taxes en sus.
5.7 Que, comme Ie recommande Ie directeur general, la soumission presentee par
I'entreprise Cargill Deicing Technologies, en vue de conclure une convention
d'approvisionnement pour une duree de deux ans relative a la fourniture de sel de voirie,
au montant de 48,86 $ la tonne de sel et de 7,14 $ la tonne livree par camion, so it
acceptee.
5.8 Que, comme Ie recommande Ie directeur general, Ie rapport sur Ie
contrat nO 2007-15 relatif a la refection de la promenade Champlain sur laquelle les
racines de plusieurs arbres sont menacees et devront peut-etre etre en levees et dans
lequelles responsables des Services des loisirs ont indique avoir prepare un
programme de plantation d'arbres pour la promenade Champlain, soit accepte a titre
informatif.
5.9 Que la lettre du zoo Cherry Brook, dans laquelle Ie responsable de ce dernier
presente sa demande de credits budgetaires pour 2008, soit soumise aux fins de
deliberations budgetaires pour 2008.
5.10 Que la lettre du Groupe consultatif des citoyens relatif a la Vision 2015 visant a
rencontrer les membres du conseil afin de leur presenter ses visions et ses objectifs, so it
transmise au greffier communal aux fins d'inscription de la date de presentation a I'ordre
du jour.
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller White
RESOLU que les recommandations visant chaque
point de la section Questions soumises a I'approbation du conseil soient adoptees.
A I'issue du vote, la proposition est adoptee.
6. Members Comments
Council members commented on various community events.
6. Commentaires presentes par les membres
Les membres du conseil s'expriment sur diverses activites communautaires.
7. Proclamation
7.1 Fire Prevention Week Proclamation
The Mayor proclaimed the week of October 7-13,2007 as Fire Prevention Week in the
City of Saint John, and Saturday, October 13, 2007 be designated as Fire Service
Recognition Day.
7. Proclamation
7.1 Proclamation de la Semaine de prevention des incendies
Le maire declare que la semaine du 7 au 13 octobre 2007 constitue la Semaine de
prevention des incendies dans The City of Saint John, et que Ie samedi 13 octobre 2007
I'>c:t rl~c:inn~ rnmml'> 1::1 inllrn~1'> rll'> rl'>rnnn::liC:C:::Inrl'> rlll C:I'>I"\/irl'> rl'inrl'>nrlil'>
1 ne lVIayor proclalmea me weeK or uctooer 1 O-L 1, LUU ( as L;anaaa's L;ItIZenSnlp vveeK
in the City of Saint John.
7.2 Semaine de la citoyennete du Canada
Le maire declare que la semaine du 15 au 21 octobre 2007 est la Semaine de la
citoyennete du Canada dans The City of Saint John.
9. Public Hearings 7:00 P.M.
9. Audiences publiques a 19 h
10. Consideration of By-laws
10.1 Third Reading Traffic By-law Amendment Rothesay Avenue
On motion of Deputy Mayor Hooton
Seconded by Councillor Court
RESOLVED that the by-law entitled "By-law
Number MV-10, a By-law Respecting Traffic on Streets in the City of Saint John Made
Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", with
regard to Rothesay Avenue, be read.
Councillor Ferguson expressed his opposition to the proposed amendment stating that
the traffic speed should not be reduced because citizens view Rothesay Avenue as a
designated highway and suggested a flashing left turn signal light be installed in the area
of Broadway Avenue.
Question being taken, the motion was carried with Councillor Ferguson
voting nay.
The by-law entitled, "By-law Number MV-10 a By-law Respecting Traffic on Streets in
the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and
Amendments Thereto" was read in its entirety.
On motion of Deputy Mayor Hooton
Seconded by Councillor Court
RESOLVED that the by-law entitled "By-law
Number MV-10 a By-law Respecting Traffic on Streets in the City of Saint John Made
Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", with
regard to Rothesay Avenue, be read a third time, enacted and the Corporate Common
Seal affixed thereto.
Question being taken, the motion was carried with Councillor Ferguson
voting nay.
Read a third time by title, the by-law entitled "By-law Number MV-10 a By-law
Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the
Motor Vehicle Act, 1973, and Amendments Thereto".
10. Etude des arretes municipaux
10.1 Troisieme lecture du projet de modification visant I'arrete relatif a la
circulation sur I'avenue Rothesay
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Court
RESOLU que I'arrete intitule << Arrete nO MV-1 0
relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi
surles vehicules a moteur(1973) et modifications afferentes >>, relativement a I'avenue
Rothesay, fasse I'objet d'une lecture.
Le conseiller Ferguson exprime son opposition a la modification proposee en declarant
que la vitesse de la circulation ne devrait pas etre reduite parce que les citoyens
considerent I'avenue Rothesay comme une route designee et suggere d'installer un
signal a feux clignotants pour virage a gauche dans Ie secteur de I'avenue Broadway.
afferentes >> est lu integralement.
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Court
RESOLU que I'arrete intitule << Arrete nO MV-1 0
relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi
surles vehicules a moteur(1973) et modifications afferentes >>, relativement a I'avenue
Rothesay, fasse I'objet d'une troisieme lecture, que ledit arrete so it edicte et que Ie
sceau communal y soit appose.
A I'issue du vote, la proposition est adoptee. Le conseiller Ferguson vote
contre la proposition.
Troisieme lecture par titre de I'arrete intitule <<Arrete nO MV-1 0 relatif a la circulation
dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a
moteur (1973) et modifications afferentes >>.
10.2 Third Reading Street Closing By-law Amendment Retail Drive
On motion of Deputy Mayor Hooton
Seconded by Councillor Court
RESOLVED that the by-law entitled "By-law
Number M-23 a By-law to Amend a By-law Respecting the Stopping Up and Closing of
Highways in the City of Saint John", with regard to stopping up and closing permanently
a portion of Retail Drive (formerly Marlborough Avenue), be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number M-23, a By-law to Amend a By-law Respecting the
Stopping Up and Closing of Highways in the City of Saint John", was read in its entirety.
On motion of Deputy Mayor Hooton
Seconded by Councillor Titus
RESOLVED that the by-law entitled "By-law
Number M-23 a By-law to Amend a By-law Respecting the Stopping Up and Closing of
Highways in the City of Saint John", with regard to stopping up and closing permanently
a portion of Retail Drive (formerly Marlborough Avenue), 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 M-23 a By-law to Amend a
By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John".
10.2 Troisieme lecture du projet de modification de I'arrete concernant la
fermeture des routes visant la promenade Retail
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Court
RESOLU que I'arrete intitule << Arrete nO M-23
modifiant I'arrete concernant la fermeture et Ie barrage de routes dans The City of Saint
John >>, relativement a la fermeture et au barrage de fayon permanente d'une partie de
la promenade Retail (anciennement I'avenue Marlborough), fasse I'objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
L'arrete intitule << Arrete nO M-23, modifiant I'arrete concernant la fermeture et Ie barrage
de routes dans The City of Saint John >> est lu integralement.
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Titus
RESOLU que I'arrete intitule << Arrete nO M-23
modifiant I'arrete concernant la fermeture et Ie barrage de routes dans The City of Saint
John >>, relativement a la fermeture et au barrage de fayon permanente d'une partie de
la promenade Retail (anciennement I'avenue Marlborough), fasse I'objet d'une troisieme
lecture, que ledit arrete so it edicte et que Ie sceau communal y so it appose.
10.3 Third Reading Street Closing By-law Amendment Tudor Lane, Woodhaven
Drive
On motion of Councillor Court
Seconded by Councillor Titus
RESOLVED that the by-law entitled "By-law
Number M-23 a By-law to Amend a By-law Respecting the Stopping Up and Closing of
Highways in the City of Saint John", with regard to stopping up and closing permanently
a portion of Tudor Lane and Wood haven Drive, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number M-23, a By-law to Amend a By-law Respecting the
Stopping Up and Closing of Highways in the City of Saint John", was read in its entirety.
On motion of Deputy Mayor Hooton
Seconded by Councillor Titus
RESOLVED that the by-law entitled "By-law
Number M-23 a By-law to Amend a By-law Respecting the Stopping Up and Closing of
Highways in the City of Saint John", with regard to stopping up and closing permanently
a portion of Tudor Lane and Wood haven Drive, 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 M-23 a By-law to Amend a
By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John".
Question being taken, the motion was carried.
10.3 Troisieme lecture du projet de modification de I'arrete concernant la
fermeture de routes visant I'allee Tudor et la promenade Wood haven
Proposition du conseiller Court
Appuyee par Ie conseiller Titus
RESOLU que I'arrete intitule << Arrete nO M-23
modifiant I'arrete concernant la fermeture et Ie barrage de routes dans The City of Saint
John >>, relativement a la fermeture et au barrage de fayon permanente d'une partie de
I'allee Tudor et de la promenade Woodhaven, fasse I'objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
L'arrete intitule << Arrete nO M-23, modifiant I'arrete concernant la fermeture et Ie barrage
de routes dans The City of Saint John >> est lu integralement.
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Titus
RESOLU que I'arrete intitule << Arrete nO M-23
modifiant I'arrete concernant la fermeture et Ie barrage de routes dans The City of Saint
John >>, relativement a la fermeture et au barrage de fayon permanente d'une partie de
I'allee Tudor et de la promenade Woodhaven, fasse I'objet d'une troisieme lecture, que
ledit arrete so it edicte et que Ie sceau communal y so it appose.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule << Arrete nO M-23 modifiant I'arrete
concernant la fermeture et Ie barrage de routes dans The City of Saint John >>.
A I'issue du vote, la proposition est adoptee.
The Assistant Common Clerk advised that the necessary advertising has been
completed to allow Third Reading of this by-law by section numbers in accordance with
Section 12(1)(b) of the Municipalities Act.
On motion of Deputy Mayor Hooton
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number HC-1 Saint John Heritage Conservation Areas By-law" be read.
Question being taken, the motion was carried.
Read a third time by title and section numbers, the by-law entitled, "By-law Number
HC-1, Saint John Heritage Conservation Areas By-law".
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the by-law entitled, "By-law
Number HC-1, Saint John Heritage Conservation Areas By-law" 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 HC-1, Saint John Heritage
Conservation Areas By-law".
1 0.4 Projet de modification de I'arrete relatif aux aires de conservation du
patrimoine de The City of Saint John
Le greffier communal adjoint indique que les avis requis ont ete publies afin de
permettre la troisieme lecture du present arrete par numeros d'article conformement a
I'alinea 12(1)b) de la Loi surles municipalites.
Proposition de la mairesse suppleante Hooton
Appuyee par Ie conseiller Court
RESOLU que I'arrete intitule << Arrete nO HC-1 relatif
aux aires de conservation du patrimoine de The City of Saint John >> fasse I'objet d'une
lecture.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule <<Arrete nO HC-1 relatif aux aires de
conservation du patrimoine de The City of Saint John >>.
Proposition du conseiller Titus
Appuyee par Ie conseiller Court
RESOLU que I'arrete intitule << Arrete nO HC-1 relatif
aux aires de conservation du patrimoine de The City of Saint John >> fasse I'objet d'une
troisieme lecture, que ledit arrete soit edicte et que Ie sceau communal y so it appose.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule <<Arrete nO HC-1 relatif aux aires de
conservation du patrimoine de The City of Saint John >>.
12. Business Matters - Municipal Officers
12.1 Professional Fees Agreement - Robertson Surrette
On motion of Councillor Ferguson
Seconded by Councillor White
RESOLVED that as recommended by the City
Manager, Common Council approve the submitted Professional Fees Agreement with
Robertson Surrette.
12.1 Entente presentee par la societe d'experts-conseils Robertson Surrette
relativement a ses honoraires
Proposition du conseiller Ferguson
Appuyee par Ie conseiller White
RESOLU que, comme Ie recommande Ie directeur
general, Ie conseil communal approuve I'entente presentee par la societe d'experts-
conseils Robertson Surrette relativement a ses honoraires.
A I'issue du vote, la proposition est adoptee.
13. Committee Reports
13.1 Uptown Saint John Expansion of Business Improvement Area
On motion of Councillor Ferguson
Seconded by Deputy Mayor Hooton
RESOLVED that Common Council acknowledge
the request from Uptown Saint John to expand the existing Business Improvement Area
and authorize the necessary advertising.
Question being taken, the motion was carried.
13. Rapports deposes par les comites
13.1 Uptown Saint John - elargissement de la zone d'amelioration des affaires
Proposition du conseiller Ferguson
Appuyee par la mairesse suppleante Hooton
RESOLU que Ie conseil communal accuse
reception de la demande de Uptown Saint John visant a elargir la zone d'amelioration
des affaires existante et autorise la publication des avis requis a cet egard.
A I'issue du vote, la proposition est adoptee.
8. Delegations/Presentations
8.1 Brunswick Pipeline
Referring to the submitted presentation, Robin McAdam, President of Brunswick Pipeline
provided Council with an overview of the 145 km natural gas pipeline project pointing out
the numerous benefits of the project, the construction preparation activities and schedule
noting the detailed route has been filed with the National Energy Board. The
presentation concluded with Mr. McAdam commenting with respect to the Rockwood
Park specialized construction and restoration plan and the St. John River directional drill.
(Deputy Mayor Hooton withdrew from the meeting during the above presentation.)
A lengthy discussion followed with Mr. McAdam responding to questions and concerns
raised with regard to the level of noise that will be created during the drilling process.
On motion of Councillor Chase
Seconded by Councillor Titus
RESOLVED that the Brunswick Pipeline
presentation be referred to the City Manager for examination with regard to the Noise
By-law.
Question being taken, the motion was carried.
8. Delegations et presentations
8.1 Brunswick Pipeline
r"'""_:____J.. ._~~~.______ ~ 1_ __._~____J.._J..:___ ___J..~._:_ _.__ r"""\_I_:__ ft.JI_^ _1____ __._~_:_I___J.. _1_ r-____.__
presentation en faisant des observations sur les plans de restauration et de construction
specialises relatifs au parc Rockwood et Ie forage dirige de la riviere Saint-Jean.
(La mairesse suppleante Hooton quitte la reunion au cours de la presentation
susmentionnee. )
Une longue discussion s'ensuit au cours de laquelle M. McAdam repond aux questions
et aux preoccupations sou levees concernant la quantite de bruit qui sera cree au cours
du processus de forage.
Proposition du conseiller Chase
Appuyee par Ie conseiller Titus
RESOLU que la presentation de Emera Brunswick
Pipeline Company Ltd. soit transmise au directeur general aux fins d'examen
relativement a I'arrete concernant la prevention de bruit excessif.
A I'issue du vote, la proposition est adoptee.
11. Submissions by Council Members
11.1 Motocross Track
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that Council instruct staff to proceed
with court action against Mr. AI Williams for violations against our land use by-law.
Referencing sections of the Zoning By-law, Councillor Court spoke advising that it is the
view of residents in the area that the motocross track contravenes the limited land use
approved by Council in the Zoning By-law; and noting that cycle tracks are not listed as
a permitted use on lands zoned rural. Councillor Court stressed that the citizens in this
area want the activity at the motocross track to stop.
Responding to the concerns raised, Mr. Nugent reiterated his opinion that the
enforcement issue most likely to produce positive results is enforcement initiatives
brought under the Noise By-law as opposed to the Zoning By-law. Mr. Nugent stated
that enforcement under the Noise By-law that is generated as a result of noise that
residents experience outside their homes in a fashion that would be a violation of the by-
law is something that he believes could be supported in a prosecution under the Noise
By-law. He advised that he will pursue and clarify this matter with the Police Force.
The City Solicitor spoke with respect to the matter of action being taken under the
Zoning By-law and asked that Council give him an opportunity to report back at the next
meeting on this matter; noting that based upon his examination to date, he does not
share the same view.
On motion of Councillor Court
Seconded by Councillor Titus
RESOLVED that the letter from Councillor Court
proposing action be taken against the Motocross Track under the land use by-law be
referred to the City Solicitor.
Question being taken, the motion was carried.
(Councillor Chang withdrew from the meeting.)
11. Intervention des membres du conseil
11.1 Piste de moto-cross
Proposition du conseiller Court
Appuyee par Ie conseiller White
RESOLU que Ie conseil charge Ie personnel
d'engager des poursuites en justice contre M. AI Williams pour violation de I'arrete
_ _ _ _ _ _ _ _ _ I .. _I _ _ 1_
afferentes a I'usage des terres approuvees par Ie conseil dans I'arrete sur Ie zonage et
mentionne que les pistes de moto-cross ne figurent pas parmi les usages autorises sur
les terres dont Ie zonage est rural. Le conseiller Court insiste sur Ie fait que les citoyens
de ce secteur veulent que cessent les activites a la piste de moto-cross.
En reponse aux preoccupations sou levees, M. Nugent reitere son opinion selon laquelle
les initiatives relatives a I'application de la loi mises en 03uvre dans Ie cadre de I'arrete
concernant la prevention de bruit excessif au lieu de I'arrete sur Ie zonage sont plus
susceptibles de produire des resultats positifs. M. Nugent declare que I'application de la
loi dans Ie cadre de I'arrete concernant la prevention de bruit excessif qui decoule du
bruit que les residents entendent a I'exterieur de leurs maisons de sorte que cela
constituerait une violation de I'arrete pourrait, estime-t-il, etre soutenue lors d'une
poursuite judiciaire dans Ie cadre de I'arrete concernant la prevention de bruit excess if. II
indique qu'il abordera et clarifiera la question avec Ie corps de police.
L'avocat municipal parle des mesures prises dans Ie cadre de I'arrete sur Ie zonage et
demande au conseil de lui donner I'occasion de presenter son rapport sur Ie sujet au
cours de la prochaine reunion. II mentionne que selon son examen effectue jusqu'a
present, il ne partage pas la meme opinion.
Proposition du conseiller Court
Appuyee par Ie conseiller Titus
RESOLU que la lettre du conseiller Court, dans
laquelle il propose de prendre des mesures contre la piste de moto-cross dans Ie cadre
de I'arrete concernant I'usage des terres, so it transmise a I'avocat municipal.
A I'issue du vote, la proposition est adoptee.
(Le conseiller Chang quitte la reunion.)
11.2 Westfield Road (River Road)
On motion of Councillor Court
Seconded by Councillor Titus
RESOLVED that the letter from Councillor Court
advising Council on the condition of the Westfield Road, be received for information.
Mr. Groody provided an update on projects scheduled in Westfield Road area.
Question being taken, the motion was carried.
11.2 Chemin Westfield (chemin River)
Proposition du conseiller Court
Appuyee par Ie conseiller Titus
RESOLU que la lettre du conseiller Court dans
laquelle il avise Ie conseil de I'etat du chemin Westfield so it acceptee a titre informatif.
M. Groody fournit une mise a jour des projets prevus dans Ie secteur du chemin
Westfield.
A I'issue du vote, la proposition est adoptee.
11.3 Minimum Property Standards By-law Process
On motion of Councillor McGuire
Seconded by Councillor Titus
RESOLVED that the City Manager bring back to
Council an update on the process with respect to the implementation of the proposed
municipal by-law changes.
Question being taken, the motion was carried.
Proposition du conseiller McGuire
Appuyee par Ie conseiller Titus
RESOLU que Ie directeur general fournisse
ulterieurement au conseil une mise a jour du processus quant a la mise en 03uvre des
modifications proposees aux arretes municipaux.
A I'issue du vote, la proposition est adoptee.
(Le conseiller Chang est de nouveau present a la reunion.)
11.4 Garbage Compost Collection for Residential Hospice Project
On motion of Councillor Ferguson
Seconded by Councillor White
RESOLVED that Council direct the City Manager to
investigate and report back to Council the merits of proceeding with free garbage/
compost collection for the new Hospice project in West Saint John.
The outstanding services provided by Hospice was recognized by Council members, but
concerns were also expressed in offering them this opportunity over and above all other
non profit organizations in the City and the precedent it would set.
Question being taken, the motion was defeated with all Councillors voting
nay with the exception of the mover.
11.4 Collecte des dechets et du compost pour Ie projet residentiel de I'Hospice
Proposition du conseiller Ferguson
Appuyee par Ie conseiller White
RESOLU que Ie conseil charge Ie directeur general
d'enqueter sur les avantages a proceder a la collecte gratuite des dechets et du compost
dans Ie cadre du nouveau projet d'hospice dans Saint John Ouest et de presenter son
rapport au conseil a ce sujet.
Les services exceptionnels fournis par I'hospice ont ete reconnus par les membres du
conseil, mais certains d'entre eux ont egalement exprime leurs inquietudes quant a
I'occasion offerte a I'hospice au detriment de tous les autres organismes sans but lucratif
dans la ville et au precedent que cela creerait.
A I'issue du vote, la proposition est rejetee. Tous les conseillers votent
contre la proposition, a I'exception du proposeur.
11.5 Decrease Tax Rate for Saint John Homeowners
Councillor Ferguson proposed a motion, that did not receive a seconder, to reduce the
municipal tax rate.
A brief discussion followed with Councillor Titus suggesting this matter be referred to the
2008 budget process.
On motion of Councillor Ferguson
Seconded by Councillor Titus
RESOLVED that the letter from Councillor
Ferguson proposing a decrease in the City of Saint John tax rate for Saint John
homeowners, be referred to the 2008 budget.
Question being taken, the motion was carried.
11.5 Diminution de I'impot foncier des proprietaires residentiels de Saint John
Le conseiller Ferguson presente une proposition qui vise a reduire les taux d'imposition
municipaux, mais elle n'est pas appuyee.
RESOLU que la lettre du conseiller Ferguson, dans
laquelle il propose une diminution de I'impot foncier dans The City of Saint John a
I'intention des proprietaires residentiels de Saint John, soit examinee au cours des
discussions sur Ie budget de 2008.
A I'issue du vote, la proposition est adoptee.
15. General Correspondence
15. Correspondance generale
16. Adjournment
The Mayor declared the meeting adjourned at 8:20 p.m.
16. Cloture de la seance
Le maire declare que la seance est levee a 20 h 20.
Mayor/maire
Common Clerk/Greffier communal
,,-'.i1,:~~,,~.
~t
October 12,2007
City of Saint John
P.O. Box 1971
SaintJohn, NB
E2L 4 L1
To: Mayor and Councilors
It is exciting to see the progression of the new eastbound off-ramp from Highway #1,
upgrading of the Ashburn Lake Road, and further complimented by the synchronization of
new lights at Ashburn Lake Road and existing lights at Retail Drive.
With these initial positive steps towards enhancement of highway access to the East Saint
John retail shopping destination, we are suggesting that consideration be given at this time for
the renaming ofthe Ashburn Lake Road to Retail Drive.
There will be new signage placed on Highway #1 depicting the new off-ramp. Consideration
of this street name change at this time will save additional costs for a sign change in the future
and less confusion to the residents of Saint John as well as visitors to our City.
Regards,
PO Box 1289. 479 Rothesay Avenue, Saint John, New Brunswick, Canada E2L 4G7 Phone (506) 634-5711 Fax (506) 634-2236
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 197]
Saint John, New Brunswick
Canada E2L 4Ll
Bureau des Commissa/res du Service
de Police de Saint John
c.P. /971
Saint John Nouveau-Brunswick
Canada E2L 4Ll
ANDREW BRITTON
Chair/President
DA VID EMERSON
Vice Chair/Vice President
CHARLENE HAYES
Secretary/Secretaire
IVAN COURT
Commissioner! Commissaire
NORMAN McFARLANE
Commissioner/Commissaire
ALLEN G. BODECHON
Chief of Police/Chef de Police
SARAH WILSON
Executive Secretary/
Secretaire Administrative
Telephone/telephone:
(506) 674-4142
FaxlTelecopieur:
(506) 648-3304
E-mail/Courriel:
sarah. wilson@Saintjohn.ca
~
SAINT JOHN
Explore our past!
Expiorez notre passe
Discover your fUture/
Decouvrez votre aveniI'
October 9,2007
His Worship Mayor Norman McFarlane
And Members of Common Council
Your Worship and Councillors:
2007 Saint John Police Force Operating Budget
August YTD Results
Attached herewith, for the information of Common Council and in
accordance with Section 7(3) of the New Brunswick Police Act, is the
report of Saint John Police Force 2007 Operating Budget for the period
ended August 31, 2007. This report was accepted at meeting of the
Board held on October 2, 2007.
The August results provide staff with a forecast of the year end picture,
recognizing that unforeseen incidents in the interim may alter that
prediction. However, based on all known variables, it is believed that
the Saint John Police Force will finish the year on budget.
~ ~ It')
~
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
PUBLIC SESSION
October 2,2007
Andrew Britton, Chairman and
Members of the Board of Police Commission
Chairman Britton and Members
SUBJECT
2007 Operating Budget - August YTD Financial Results
BACKGROUND
The purpose of this report is to provide the Board with an August 31,2007 update
on the financial position of the Saint John Police Force's Operating Budget.
FINANCIAL POSITION/RESUL TS
For the eight month period ended as at August 31,2007 the Saint John Police
Force was under budget by $580,760 which is equivalent to 4.65% of the Year-to-
date operating budget of $12,493,404.
There were five key items that contributed to the $580,760 favorable budget
variance for the second trimester reporting period in 2007. The savings identified
in the Goods and Services accounts relate to the timing of purchases rather than
the actual reduction in expenditures,
1. Salaries and Wages were under budget by $197,086.
2. Overtime costs were over budget by $84,751.
3. Costs for Other Personnel and Court Time were over budget by $84,752.
4, Fringe Benefits were under by $80,362.
5. Good and Services were below budget by $472,815.
Andrew Britton, ChairnuJn and
Members o/the Board a/Police Commission
October 2. 2007
Page 2
Subject: 2007 operating Budget - August 2007 Financial Results
Budget - Variance Analysis
SALARIES AND WAGES
Local 61 Salaries were under budget by $182,891 and this positive variance
relates mainly to the 6 vacancies that occurred during the year. It is this type of
savings in salaries that will offset the overtime costs Incurred to run the Summer
Di rected Patrol program.
OVERTIME
Local 61
The overtime incurred for the first eight months is over budget by $86,022 and the
Patrol Division accounts for $53~ 147 or 62% of this figure. There was another
$321875 or 38% that relates back to the Criminal Investigation, Support Services,
and Administration Divisions.
The Summer Directed Patrol program was re-introduced for a third year based
and this program is only implemented when actual savings exist in salaries due to
vacancies that occur with staff retirements. The 2007 program commenced on
Thursday, June 14, 2007 with four members (1 Sergeant and 3 Constables)
working on Thursday, Friday, and Saturday evenings. The Directed Patrol Team
is scheduled to work an eight hour night shift that usually has an 8:00 p.m. start
time. The mandate of the team is to augment Patrol Services Division by targeting
specific hot spots or problem areas during peak times when calls for service are
high. There were a total of 42 shifts worked from June 14,2007 to September 15,
2007 with an overtime cost of $62,000.
OTHER PERSONNEL COSTS (COURT TIME)
Patrol Division
The court time incurred by the Patrol Division was $138,971 compared to a year~
to-date budget of $58,664. This $80,307 over budget amount relates to overtime
for the approximately 110 uniform officers that attend court various times
throughout the year.
Andrew Britton, Chairman and
Members of the Board of Police Commission
October 2, 2007
Page 3
Subject: 2007 Operating Budget - August 2007 Financial Results
GOODS & SERVICES
The under budget amounts for the various Goods and Services accounts for
$472,814 and these savings are attributed mainly to the timing of purchases and
the allocation of the budget over twelve months. There is an actual saving of
$30,008 in 2007 for insurance premiums.
There are three key expense categories; General Services-$58, 189, Purchase
Good-$75,788, and Asset Purchases-$250,846 that makes up this positive budget
variance. For example, there is an encumbrance in the purchasing system for
$182,000 to cover vehicle purchases that will be recorded as an expense in
September.
All pending orders for goods and services will be processed in September to
ensure delivery is completed by December 1,2007.
INPUT FROM OTHER SOURCES
The financial data used for this report was extracted from the financial information
that was generated and provided from the HTE financial reporting system by City
of Saint John finance staff.
CONCLUSION
The August financial report is used as the measuring stick to project the final
budget results at year-end while recognizing there often is unforeseen incidents
that may occur at an operational level during the last trimester that are not
predictable, which can substantially increase overtime costs.
Based on all known variables that can have an impact on the Operating Budget,
the projected year-end financial position for the Saint John Police Force is
estimated to be the approved budget of $18,880,220 with no significant variance
anticipated by the Police Chief and senior management.
Andrew Britton, Chairman and
Members a/the Board a/Police Commission
October 2, 2007
Page 4
Subject: 2007 Operating Budget - August 2007 Financial Results
RECOMMENDATION
It is recommended that the Board accept and approve this Financial Report
for the period ended as at August 31, 2007 and forward a copy to Common
Council as required under Section 7 (3) of the New Brunswick Police Act.
Enclosed reports and documents:
. Budget Variance Analysis - August 31, 2007
. Consolidated Statement of Operations-Comparative 2007 vs. 2006
. Detailed Statement of Operations
Respectfully submitted,
~~GA
DIRECTOR HR & FINANCE
~gR~ -P--
DEPUTY POLICE CHIEF
~d€hO~
CHIEF OF POLICE
SAINT JOHN POLICE FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended August 31, 2007
Budget Expenses Variance Current Variance is:
Timing Actual
$ 12,493.404 $ 11,912.644 $ 580,760 $550,760 $ 30,000
Details of Actual variance: (Comment on Actual variances over/under $5,000)
Expense ateaory arlance xplanatlon 0 anance
Salaries & Wages $197,086 . Non-Union Salaries -$20k ~ This
variance results from a vacancy in the
Professional Standards Manager
position.
Salaries-486 is under budget by $17k
and there is an offset in Salaries-Temp
for ($21k). .
. Local 61 Salaries are under budget by
$183k and most of this variance relates
to 6 vacancies that occurred during the
year.
. The increase in Salaries~ Temp for
($26k) has a corresponding offset of
$17k for Salaries~486.
Overtime ($84,751) . The overtime expense for the first eight
months exceeded budget by $86k.
Approximately $50k relates to the
Summer Patrol program and there are
savings realized in Local 61 salaries to
offset this unbudgeted expense.
Other Personnel Costs ($84,752) . Court-Time: Payment for overtime
relating to court appearances for Patrol
members was over budget by ($80k).
Fringe Benefits $80,362 . Benefits are calculated at 21 %, This
expense is di rectly proportional to actual
wages and other earnings for the year.
c
v .
E
tV
Saint John Police Force - August 2007 Budget Variance Analysis
Expense Cateaorv Variance Explanation of Variance
General Services $58,189 . Telephone ($13k): This amount results
from the timing and coding of invoices
from Aliant.
. Radios $28k: This amount results from
the timing and coding of invoices from
Aliant and Chandler Sales. This
expense line will on budget at year-end.
. Employer Training: This account is
slightly under budget by $8k.
. ETS Training 16k: This amount is cost
recovery from providing ETS refresher
training to Pt. Lepreau. These funds
have been allocated for training In
October and the purchase of necessary
equipment for ElS.
. Other Training: This account for the
Employee Initiated Career Development
is under budget by $21 k and this is
relates to when employees take courses
and the monthly allocation of the budget.
Insurance $37,716 . Vehicle Insurance: The actual premium
cost for insurance coverage in 2007
(fleet and facilities) was $30k less than
anticipated. A new tendering process
has realized 10% lower premiums, but
claims in 2007 are higher than expected.
. Insurance deductible: This account is
under budget by $8k and there has been
no charge backs recorded as of August
for $1,000 deductible paid on insurance
claims against Police.
Professional Services $21,079 . Other Services: Under by $21 k and this
is a timing issue between the budget
allocation and when actual services are
rendered.
Legal Fees: A legal bill for $18k
covering services up to June was
processed in September. Legal
expenses are projected to be over
budget bv $20-$25k for 2007.
2
Saint John Police Force - August 2007 Budget Variance Analysis
Expense CateQorv Variance Explanation of Var ance
"
Other Purchased Services $13,861 . Other Purchases: Under by $14k and
this is a timing issue between the budget
allocation and when actual services are
rendered.
Repair & Maintenance ($8,181) . Over by ($8k) and this is a timing issue
between the budget allocation and when
actual services are rendered.
. There is a charge of $23k for O-Rep
software licence and the offsetting
budget amount is in the Professional
Services category under 8100.
Rentals $5,223 . No significant variance at the end of
August.
Purchased Goods $75,788 . Other Goods: $14k - Timing
difference between when purchases
occur and the monthly budget allocation.
. Firearms and Ammunition $21 k-
An order for $20k to replenish the
ammunition inventory was placed in July
but the shipment has not been received
from the vendor.
. Special Operations $31k-
Timing difference between when
Special Investigative operations occur
and the monthly budget allocation
Internal Services $21 ,949 . Fleet Maintenance: Fleet maintenance
costs were under budget by $31 k and
this variance results from the timing of
repairs and the actual charge back from
fleet services for work completed on
police vehicles. There is a pending
expense of $15k to be recorded in
September for matntenance costs.
3
Saint John Police Force - August 2007 Budget Variance Analysis
E
c
f
xpense ategory Vanance , Explanation 0 Var ance
Internal Services . Fleet-Fuel: Fleet fuel expense was over
budget by ($21 k) and this variance is the
result of higher fuel costs than budgeted
for in 2007.
. Evergreen Computer Replacement
Program $18k - Timing between the
monthly rental charge by the City's ISS
Dept for of all computers assigned to the
Police Force and the budget allocation.
Asset Purchases $250j846 . Vehicle Purchases: $193k - This
variance is a timing difference between
the receipt of new units and the budget
allocation in May-July 2007. There is a
budget encumbrance of $182k that will
be recorded in the next reporting period
. Office Furniture, Equipment,
Computers & Other Assets: These
under-budget amounts for $58k are
related to the timing of purchases.
4
s.?
October 17, 2006
Mayor Norm Mcfarlane, Deputy Mayor Michelle Hooton and Councillors:
We, the residents of Milford, would like to have a representative from our com u 'ty
appear at a council session to make our concerns known regarding the request 0
Brunswick Pipelines to relax the noise by-laws.
Enclosed are 121 residents who do not want our present by-laws relaxed.
Sincerely,
,Ic(ki .-LkY
Darlene Rich rdi
340 Milford 0 d
Saint John, B.
E2M 4R6
672 1222
i ;
October 1 , 007
Mayor McFarlane, Deputy Mayor Hooton and Counclllors;
We the undersigned request Council to not relax the noise by-I
drilling can take place around the clock as Brunswick Pipeline
requested. By-Laws have been put in place to protet:t the rights f citizens.
We request that our Mayor and City Council not allow this to k place.
\,.
October 14 2 07
Mayor McFarlane, Deputy Mayor Hooton and Councillors;
We the undersigned request Council to not relax the noise by-Ia s so that
drilling can take place around the clock as Brunswick Pipeline 0 pany
requested. By-Laws have been put in place to protect the rights f itizens.
We request that our Mayor and City Council not anow this to take place.
October 14 2( 07
Mayor McFarlane, Deputy Mayor Hooton and Councillors;
We the undersigned request Council to not relax the noise by-Ia, S ~o that
drilling can take place around the clock as Brunswick Pipeline ( oJ]~pany
requested. By-Laws have been put in place to protect the rights ( f 4 itizens
We request that our Mayor and City Council not allow this to ta~ place.
(j ;?:J}(" //4 1'.__~ )
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October 14 2107
Mayor McFarlane, Deputy Mayor Hooton and Councillors;
We the undersigned request Council to not relax the noise by-Ia ,"s so that
drilling can take place around the clock as Brunswick Pipeline ( 01 tlpany
requested. By-Laws have been put in place to protect the rights )f itizens
We request that our Mayor and City Council not allow this to tllkE place.
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"Ii. j <1,A l~)F..i~;'Ii)
Mayor McFarlane, Deputy Mayor Hooton and CounciUor$;
We the undersigned request Council to not relax the nOiSlbY~la s
drilling can take place around the clock as Brunswick Pip line 0 pany
requested. By~Laws have been put in place to protect the .ghts f itizens.
We request that our Mayor and City Council not allow this to ta e place.
J '
oct~ber 14, 2~ 01
i
~"yor tAcFaOl\Jl.e, t>ellUt)' ~"yor llootoJl.aJl.d COUJl.cil\01;
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.1 t e\aS, the n.Oise~' b'Y-1a,l1s $0 that
~ e the uJ\dersiped request CoUJl.C' to ~wick Pi liJ\e { olllllaJl."Y
dri"iJl.\~ caJl. take p\ace al'OuJ\d tbe ;~oc~ a:e~:;rotect tb: 'g\lts of HtizellS.
requested. B"y-La~s h:,."e beeJ\ll d~':':. 'b:unci\ Jl.ot ~ tb s to tal<e place.
~ e request that our ,,,a"yor an ,., =-- '
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October 22, 2007
Deputy Mayor Hooton
And Councillors
Deputy and Councillors:
Subject: Notice of Special Meeting of Council
A Special Meeting of Council is scheduled for 12:00 noon, Friday, October 26, 8th Floor
Boardroom, City Hall. The meeting is necessary for Council to consider an anticipated
recommendation from the Board of Trustees of the City of Saint John Pension Board
with respect to an application for amendments to the City of Saint John Pension Act.
Sincerely,
Norm McFarlane
Mayor
SAINT JOHN
WATERFRONT
DEVELOPMENT
.:: itH~~!:i'i~
One Market Square. Suite 301
Saint John, New BrunswIcK E2L 4Z6
Tel: 506.6744278 I Fax: 506649.6068
Email: infO@Sjwalerfronr.com
Website: www.sjwaterfrontcom
October 11, 2007
Mayor Norm McFarlane &
Members of Saint John Common Council
City of Saint John
8th Floor, City Hall
P.O. Box 1971
Saint John, N.B. E2L 4Ll
Dear Mayor McFarlane & Members of Common Council:
Subiect: One-Mile House Interchaoee
The announcement of the construction of the One-Mile Interchange by the Province of New
Brunswick is good news for Greater Saint John. It is our understanding that the project will
provide a connection from the Saint John Throughway to Bayside Drive, Thome Avenue, Rothesay
Avenue and Loch Lomond Road via Russell Street and that there will be a connection to Allison
Road, which runs parallel to the Throughway south of Rockwood Park. This completed project will
become a major part ofthe transportation infrastructure in Saint John.
Governments across Canada are considering the needs of multiple modes of transportation as they
consider new projects. There has been increased awareness in Saint John that pedestrian and
bicycle routes are important to citizens. With the construction of this interchange there is an
opportunity to include a pedestrian/bicyc1e component that would provide a convenient connection
between Rockwood Park, Loch Lomond Road, Bayside Drive, Rothesay Avenue, Thome Avenue
and City Road. These connections will further enhance the connectivity of our many roads and
trails to the uptown waterfront and Harbour Passage.
The Westmorland Street Bridge, which connects the north and south sides of Fredericton across the
St. John River, has incorporated a pedestrian component (ramps and sidewalks) in its design.
While bicycles do use the Westmorland Street Bridge, it does not appear to have been designed for
bicycles. The proposed One-Mile House Interchange is similar to the one in Fredericton crossing
over highways, a waterway and city streets. Similar design considerations were also included into
the bridge connecting Riverview and Moncton.
We have made some inquiries and have not been able to determine if the Province of New
Brunswick will be including allowances for pedestrians and bicycles in this project. We strongly
urge that, in this the 21 st century, these modes of transportation be included.
~-
SAINT JOHN
-------....
Alll./ll-Il';T[v.Tlu'i': f.l~Jl'~l"'. Il~ S~I~T 1,111'1'('
saint John
4wdV
cdiIl Saint John
<:::::00- Board of Trade
~ENTERPRISE
'Q;:I SAINT JOHN
~
R;e1)RT
UPT~
City of Saint John
In the interest of not missing an opportunity to improve the transportation network for all citizens
we would request the Saint John Common Council officially contact the appropriate provincial
authorities. With this request, we are asking that all forms of transportation be included in the
design/construction of the interchange.
Respectfully submitted,
-') 1 '
..<: ldt(~
. iBih MacMackin
. President, Saint John Waterfront Development
/SlIM
Bill Butler
Harbour Passage Working Group
"
October 18, 2007
Mayor Norm McFarlane and Councillors
City of Saint John
I wish the opportunity to speak to council before third reading ofthe reQ]Uest from
Brunswick Pipelines to relax the noise by-laws. I want to make known to council, the
concerns of the people of the North End of the city regarding this issue.
Sincerely
I1j--S~
Michael Burgess
25 Holly Street
Saint John, N.R
E2K 1 S8
652-8339
M & C -2007-334
October 19,2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: STOP-UP AND CLOSURE OF EMCO LANE
BACKGROUND:
Council is aware of the land negotiations with Plaza BNG Inc. to acquire City
land, located offFairville Boulevard for the purpose of commercial
redevelopment. Part of the land exchange is to involve Emco Lane (see attached
plan), which is an undeveloped street right-of-way. In order for this land to be
transferred, it must be stopped-up and closed as a public street. A separate report
will be presented to Council that will involve the negotiated settlement for this
parcel of land.
The recommendation contained in this report will facilitate the process for the
required street closure of this property.
RECOMMENDA TION:
That the Public Hearing for the consideration of the passing of a By-law to Stop
Up and Close in its entirety, a public street known as Emco Lane, be set for
Monday, November 19, 2007 at 7:00 p.m. in the Council Chamber.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, FCA
City Manager
CL/c
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REPORT TO COMMON COUNCIL
~g
M& C-330
October 18,2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Municipal Plan Amendment
243 Prince William Street/230 Water Street
(Former Grain Elevator Site)
BACKGROUND:
At its April 23, 2007 meeting, Common Council adopted a resolution to sell the
fee simple absolute interest in the above-noted property to Ellerdale Irtvestments
Inc" subject to a number of conditions including the applicant obtainiJ!1g
satisfactory rezoning of the property for its proposed mixed commercial-
residential development. At that time Council also authorized EllerdaH~
I
Investments Ltd. to apply for rezoning.
ANAL YSIS:
Since the date of the above-noted resolution, there have been further dliscussions
with the developer, and a draft agreement of purchase and sale has be~n prepared
by the City Solicitor's office for the developer's review. The developm is
preparing a rezoning application and expects to submit it in the near fllture.
The northern half of the subject site is currently designated Uptown R~gional
Centre on Schedules 2-A, 2-C and 6-A of the Municipal Plan. Howevtr, the
southern half is currently designated partly Transportation and partly Medium
Density Residential and, therefore, will require an amendment to the Municipal
Plan. In anticipation of the developer's application for rezoning, it is
recommended that the City initiate the Municipal Plan amendment pr9cess.
City of Saint John
Report to Common Council
October 18, 2007
Page 2
RECOMMENDATION:
That Common Council initiate the process to consider a Mnnicipal Plah
amendment for the former Grain Elevator site, located at 243 Prince William
Street/230 Water Street, in anticipation of a rezoning application for a ~ixed
commercial-residential development of the site.
Respectfully submitted,
,J/) /J '/ J
/ i , I / /.. ." '
( .---.... (,......... -( )t'''v'-' .
.~ --- . '\, --~
Jim R, Baird. MCIP
~' ConunissiC?per
Planning . rid Development
./
JRB/r
M & C #2007 - 337
October 19,2007
His Worship Mayor N. M. McFarlane and
Members of Common Council
Your Worship and Councilors:
Re: Proposal by Bell Aliant for Installation of Cellular Antennae -
Lancaster Water Tank Site
BACKGROUND
This past May, Bell Canada submitted a proposal to the City's Municipal
Operations and Engineering Department for their consideration. This proposal
would allow Bell Canada to install cellular antennae on the 20 meter pole
which is located at the City's Lancaster Water Tank site (PID 00335893).
They proposed a 10 year License whereby Bell Canada would build a 8'xI2'
building on the site and install three (3) antennae on the existing 20 meter pole,
which antennae would be mounted directly above the lower dish. They also
proposed to hire the City's consultant, Shadcomm Ltd., to review and provide
input on their design, so as to not interfere with the City's network operations.
They also agreed to ensure that the landscaping would meet current standards
on the site.
Negotiations took place between Bell Canada and the City, and the Legal
Department drafted a License which was submitted to Bell Canada for review
and comments. On October 17, Peter Forestell, counsel for Bell Canada,
confirmed by email to the Legal Department that Bell agrees to the terms and
conditions as set out in the draft License which had been provided. This draft
License is attached hereto.
The highlights of the general terms and conditions of the proposed License are
as follows:
1. It is for a term of 10 years, commencing on October 1, 2007.
2. The License fee is $9,600.00 plus HST for the first year, and each
subsequent year of the term shall be adjusted by the increase in the
Consumer Price Index for the preceding year plus HST. The License
fee for the first year is based on the square footage of the building Bell
Canada proposes to build: 8'xI2'= 96 square feet x $100.00 per square
foot.
3. The installation of the 3 antennae on the existing 20 meter pole shall in
no way interfere with the City's Supervisory Control and Data
(SCADA) system.
4. All building and installations costs are the responsibility of Bell
Canada.
5. The proposed 8'xI2' building shall be constructed of similar materials
to match the existing building, and the location of said building shall
not interfere with underground infrastructure.
6. The City has the option, upon expiry or early termination of the
License, to purchase said building for a price equal to the cost of
demolition and removal of the building, and should the City not
exercise its option, then Bell shall remove and dispose of the structure
at its costs.
7. Vehicles accessing the site after hours shall give consideration to the
residential setting.
8. Bell shall, prior to commencing any work, hire the City's consultant,
Shadcomm Ltd., and if necessary, Novanet/MSC, to review and
provide input on Bell's design, in order to ensure that Bell's operations
do not interfere with the City's network operations.
The purposed of this report is to seek Council's support to grant to Bell Canada
a License to facilitate the improvement of telecommunication services for
Bell's customers in the area.
RECOMMENDATION:
1. That The City of Saint John enter into the License Agreement with Bell
Canada in the form and upon the terms and conditions attached to this report
(M&C # 2007- 337) for the purpose of erecting and installing a building,
equipment and antennae on PID 00335893 to improve the telecommunications
services provided by Bell Canada to customers in the area; and further
2. that the Mayor and Common Clerk be authorized to execute the License
Agreement.
Respectfully submitted
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terry Totten, FCA
City Manager
Attachements
LICENSE
THIS LICENSE made as of this _ day of October, 2007.
BETWEEN:
The City of Saint John, having its City Hall at 15 Market
Square, Saint John, New Brunswick, a body corporate by
Royal Charter, confirmed and amended by Acts of the
Legislative Assembly of the Province of New Brunswick,
(the "Licensor")
OF THE FIRST PART
- and -
Bell Canada, incorporated under the laws of the Canada and
having a place of business at One Germain Street, Saint John,
New Brunswick, E2L 4K2 (the "Licensee")
OF THE SECOND PART
WHEREAS the Licensor owns the premises in the City of Saint John in the County
of Saint John and Province of New Brunswick bearing PID number 00335893, more
particularly shown on the plan attached as Schedule "A" (the "Lands"); and
WHEREAS there is a 20 metre pole located on the Lands (the "Pole"); and
WHEREAS the Licensor has agreed to permit the Licensee to erect a structure (8' x
12') on the south-west comer of the Lands bearing PID 00335893 (the "Building") and to
locate the Licensee's equipment in the Building and to locate three (3) antennae on the Pole;
NOW THEREFORE THIS INDENTURE WITNESSETH THAT in consideration
of the license fees, covenants and agreements hereinafter reserved and contained on the part
ofthe Licensee to be paid, observed and performed:
ARTICLE 1 - TERM AND LICENSE FEE
1.01 Premises
The Licensor hereby grants to the Licensee an irrevocable license for and during the
Term (as hereafter defined) to erect the Building on the Lands at a location to be
acceptable to the parties hereto for the purpose of installing certain equipment and
electrical wiring (the "Equipment"), to install 3 antennae (the "Antennae") on the
- 2 -
Pole and to install conduit from the Building to connect the Equipment to the
Antennae, all in the course of providing telecommunication services to the Licensor
and other customers of the Licensee. The Licensee acknowledges that it has
inspected the Lands and has found same satisfactory for its purposes and its
operations under this License.
1.02 Term
The term of this License shall be for a period of ten (10) years (the "Term")
commencing as of and with effect from the 1st day of October, 2007, and expiring
on the 30th day of September, 2017,
1.03 License Fee
The Licensee covenants to pay to the Licensor a license fee ("the License Fee") of
$9,600 for the first year plus HST payable in advance on the 1 st day of October,
2007. In each subsequent year of the Term the License Fee shall be adjusted by the
increase in the Consumer Price Index for the proceeding year plus HST and shall be
payable in advance on the 1 st day of October in each subsequent year of the Term,
The Licensor shall provide the Licensee with 90 days prior notice ofthe License Fee
for each subsequent year.
ARTICLE 2 - LICENSEE'S WORK
2.01 Licensee's Installation
The Licensee shall, at its own cost, using competent workmen compatible with
those employed. by the Licensor, erect the Building and install the Equipment and
the Antennae. The Licensee shall ensure that the installation of the antennae on the
Pole in no way interferes with the Licensor's Supervisory Control and Data
Acquisition (SCADA) system. The Building shall be constructed of materials
similar to and matching the existing building of the Licensor, The Licensee will
landscape the area around the Building to current existing standards. The Building
will be located in a manner that will not interfere with the underground
infrastructure of the Licensor.
2.02 Consultants
Prior to commencing any work under this License, the Licensee shall retain the
services of Shadcomm Ltd., and if necessary, the services of Novanet/MSC, to
review and provide input in the design of the Licensee's work, so as to ensure the
Licensor's network operations are not interfered with,
- 3 -
ARTICLE 3 - USE AND OPERATION OF PREMISES
3.01 Use of Premises
The Licensee covenants and agrees that the License will be used for the purposes
described in Section 1.01 hereof and for no other purpose. All alterations to the
Lands will require prior approval by the Licensor, which approval will not be
unreasonably withheld.
3.02 Applicable Laws
The Licensee covenants that it will abide by and comply with all laws, by-laws,
rules, regulations and orders which in any manner relates to or affects the Lands and
the Building and the Licensee's use thereof.
3.03 Maintenance and Repair by the Licensee
All of Licensee's wiring and Equipment and Antennae from time to time used in
connection with this License shall be first class quality communications equipment.
The Licensee shall be responsible for maintenance and repair in good order to the
foregoing standard, of its wiring and Equipment and Antennae,
3.04 Non Interference
The Licensee covenants and agrees that its use of the Building shall not interfere
with any other rights already granted by the Licensor to others nor shall the
Licensee's use interfere with any of the equipment ofthe Licensor.
3.05 Rules and Regulations
The Licensee shall comply with any of the rules and regulations as shall from time
to time be made by the Licensor and notice of which is given to the Licensee in
writing.
3.06 Access
Except when prevented by events and causes beyond the reasonable control of the
Licensor, the Licensee, its agents, clerks, servants, employees and other persons
properly engaged by the Licensee shall be entitled to obtain access to the Building
Equipment and Antennae twenty-four (24) hours a day, seven (7) days a week,
subject to the Licensor's reasonable security and scheduling requirements. The
Licensee shall have exclusive use and access to the Building in which the
Equipment is located. In accessing the lands after nonnal business hours, the
Licensee shall ensure its employees, workmen and agents give due consideration to
the residential nature of the surrounding area.
- 4 -
3.07 Hazardous Substances
The Licensee covenants and agrees to operate its business in a manner so that no
part of the Lands or surrounding lands are used to generate, manufacture, refine,
treat, transport, store, handle, dispose of, transfer, produce, or process any
hazardous substances.
ARTICLE 4 - INSURANCE
4.01 Licensee's Insurance
Licensee shall take out and keep in full force and effect, at its own cost, throughout
the Term, and during such other time as Licensee uses the Lands, commercial
general liability insurance. Such insurance shall cover but not be limited to
property damage, bodily injury liability, non-owned automobile liability and
owners' and contractors' protective insurance coverage with respect to Licensee's
use of the Building and the Lands. The coverage thereunder shall include the
activities conducted by Licensee and any other person acting within its control, or
for whom Licensee is in law responsible and any person performing work on behalf
of Licensee in any part of the Lands. Such policy shall have inclusive limits of at
least Five Million Dollars ($5,000,000.00) for each occurrence involving personal
injury, bodily injury, death or property damage, or such higher limits as Licensor
may from time to time reasonably require, The policy shall contain:
(i) a provision stating that such policy shall be primary and shall not
call into contribution any other insurance available to Licensor or
Licensee; and
(ii) an undertaking by the insurers that no material change, cancellation
or termination of any policy will be made unless Licensor has
received not less than thirty (30) days prior notice thereof, delivered
in accordance with the provisions of this License,
The Licensor shall be added as an additional insured on the commercial general
liability insurance policy described herein.
The Licensee shall provide a Certificate of Insurance to the Licensor at the time of
the execution of this License evidencing the insurance coverage described herein,
The Licensee shall provide said Certificate of Insurance to the Licensor yearly for
the term of this License.
4.02 Licensee Not to Jeopardize Licensor's Insurance
Licensee shall neither do, permit or omit to be done, nor keep anything in or about
the Lands or the Building, which might result in any increase in the premiums for
- 5 -
Licensor's insurance coverage or which might result in the actual or threatened
reduction or cancellation of or material adverse change in such coverage.
ARTICLE 5 - DESTRUCTION AND REPAIR OF PREMISES
5.01 Damage
If the Building and/or the Antennae are substantially damaged or destroyed, either
party shall have the option to terminate this license on notice to the other party.
ARTICLE 6 - LICENSOR'S COVENANTS
6.01 Licensor's Covenants
The Licensor covenants with the Licensee as follows:
a) that the Licensee will peaceably and quietly have, hold, use, occupy,
exclusively possess and enjoy the License without interruption or
disturbance on the part of the Licensor or anyone claiming through or under
the Licensor; and
b) to observe and perform all of the covenants and obligations of the Licensor
under this License.
ARTICLE 7 - ASSIGNMENT AND SUBLETTING
7.01 Consent of Licensor
The Licensee shall not assign or sub-let or otherwise part with possession of all or
any part ofthe Building or Lands without the prior written consent ofthe Licensor,
which consent may be unreasonably withheld.
Not withstanding the foregoing, the Licensee may assign this License to an
affiliate or to a limited partnership affiliated with the Licensee upon written
notice to the Licensor.
7.02 Assignment or Sale by Licensor
The Licensor may assign or transfer the Lands and/or this Agreement to any person
or entity, in whole or in part. To the extent such person or entity assumes the
- 6-
Licensor's obligations under this Agreement, the Licensor will be released from
those obligations assumed by such assignee or transferee.
ARTICLE 8 - LICENSEE'S REMOVAL OF FIXTURES
8.01 Licensee's Removal
Subject to the provisions of Section 8.02, the parties agree that all of the Licensee's
Equipment and Antennae and all of the Licensee's other chattels and personal
property on or in the Building (collectively, the Licensee's Property") are and shall
remain the property of the Licensee. The Licensee may remove from time to time,
at its cost, all of the Licensee's Property in the ordinary course of its business, for the
purpose of repair or replacement or if the same shall have become excess for the
Licensee's purposes, The standard of care required in the removal of any or all of
the Licensee's Property shall be to the satisfaction ofthe Licensor.
8.02 Option to Purchase
The Licensor shall, upon expiry or early termination of this License, have the
option to purchase the Building for a purchase price equal to the cost of the
demolition and removal of the Building. In the event that the Licensor does not
exercise its rights under this option, the Licensee shall, at its own cost, remove
and dispose of the Building.
ARTICLE 9 - DEFAULT PROVISIONS
9.01 Default in Payment of License Fee
Should the Licensee make default in the payment of the License Fee or any part
thereof under this License and such default continues for 30 days after receipt by the
Licensee of written notice thereof by the Licensor, or should the Licensee be in
default of fulfilling any of the other covenants in this License and such default
continues for a period of thirty (30) days after receipt by the Licensee of written
notice thereof by the Licensor, except in the case of default which is to be cured with
all due diligence would require a longer period, then after such longer period, or if
the Licensee fails to proceed promptly after the service of such notice and with all
due diligence to cure the same, then in any such event the Licensor shall have the
right to terminate this License.
9.02 Insolvency, Etc.
In case Licensee shall become insolvent or bankrupt or make an assignment for the
benefit of its creditors, or shall take the benefit of any Act that may be in force for
- 7-
bankrupt or insolvent debtors, or in case the Lands and the Building or any part
thereof becomes or is used by any other person or persons, or for any other purpose
than permitted by this License without the written consent of Licensor, or if a writ of
execution shall issue against the goods and chattels of Licensee and remain
unsatisfied for five (5) days, this License shall, at the option of Licensor, cease and
be void and the Tenn expire, anything hereinbefore to the contrary notwithstanding,
and Licensee shall remove all its Equipment and Antennae therein, but Licensee
shall remain liable to Licensor for any and all loss occasioned by reason of such
termination before expiry of the Term.
ARTICLEIO-GENERAL
10.01 Headings
The Section and/or paragraph headings in this License are inserted for convenience
of reference only and shall not affect the meaning or interpretation of this License or
any provision hereof.
10.02 Successors and Assigns
This License and everything contained herein shall enure to the benefit of and be
binding upon the parties hereto, their respective successors and pennitted assigns,
and all words in the neuter or masculine shall include the masculine and neuter
respectively and also the feminine and all words in the singular shall include the
plural, and vice versa, when the context so requires.
10.03 Entire Agreement
This License sets forth all the covenants, promises, agreements, conditions and
understandings between the Licensor and the Licensee concerning the License and
there are no covenants, promises, agreements, conditions or representations, either
oral or written between them other than as are herein and in the said Schedules set
forth, No subsequent alteration, amendment, change or addition to this License shall
be binding upon the Licensor or the Licensee unless reduced to writing and signed
by them,
10.04 No Partnership
Nothing contained herein shall be deemed or construed by the parties hereto, nor by
any third party, as creating the relationship of principal and agent or of partnership
or of joint venture between the parties hereto, it being understood and agreed that
neither the method of computation of license fee nor any other provisions contained
herein, nor any acts of the parties herein shall be deemed to create ~ny relationship
between the parties other than the relationship of Licensor and Licensee,
- 8 -
10.05 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from
the performance of any act required hereunder by reason of strikes, lock-outs, labour
troubles, inability to procure materials, failure of power, restrictive governmental
laws or regulations, riots, insurrection, war or other reason of a like nature not the
fault of the party delayed in performing work or doing acts required under the terms
of this License, then performance of such act shall be excused for the period of the
delay and the period for the performance of any such act shall be extended for a
period equivalent to the period of such delay, provided however that nothing herein
shall be deemed to extend any specific date set out in this License. This Section
shall not operate when the delay or restriction is due to the lack of or unavailability
of funds.
10.06 Governing Law
This License is to be governed by and construed and interpreted in accordance with
the laws of the Province of New Brunswick and the laws of Canada applicable
therein.
10.07 Partial Invalidity
If any term, covenant or condition of this License or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this License and/or the application of such term, covenant or condition
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term, covenant or condition of
this License shall be separately valid or enforceable to the fullest extent permitted by
law.
10.08 Time to be ofthe Essence
Time shall be ofthe essence of this License.
10.09 Waiver
Failure by either party hereto to require performance of any term, covenant or
condition herein contained shall not be deemed to be a waiver of such term,
covenant or condition or of any subsequent breach of the same or of any other term,
covenant or condition herein contained, The subsequent acceptance of a License
Fee hereunder by the Licensor shall not be deemed to be a waiver of any preceding
breach by the Licensee, as the case may be, of any term, covenant or condition of
this License, other than the failure ofthe Licensee to pay the particular Licensee Fee
so accepted, regardless of the Licensor's or Licensee's knowledge of such preceding
breach at the time of acceptance or payment, as the case may be, of such License
Fee, No covenant, term or condition of this License shall be deemed to have been
waived by the Licensor or the Licensee unless such waiver be in writing by the
- 9 -
waiving party,
10.10 Notice
Any notice or consent including any invoice, statement or request or other
communication (a "Notice") herein required or permitted to be given by either party
to the other shall be in writing and shall be delivered by hand or sent by registered
mail (except during a postal disruption or threatened postal disruption) or by
telecopier to the applicable address (and telecopier number, if applicable) set forth
below:
a) in the case ofthe Licensor, to:
The Common Clerk
The City of Saint John
15 Market Square
8th Floor City Hall
P,Q.Box 1971
Saint John, N.B. E2L 4Ll
b) in the case of the Licensee, to the address set out on page 1 of this License to
the attention of Rod Winters.
Any notice delivered by hand shall be deemed to have been validly and effectively
given on the day of such delivery if delivered before 4:00 p.m. on a business day or
on the next business day if delivered on a non-business day or after 4:00 p.m. on the
previous business day. Any Notice sent by registered mail (except during a postal
disruption or threatened postal disruption) shall be deemed to have been validly and
effectively given on the third business day following the date of mailing. Any
Notice sent by telecopier shall be deemed to have been validly and effectively given
on the day it was sent if sent before 4:00 p.m. on a business day or on the next
business day if sent on a non-business day or after 4:00 p,m. on the previous
business day.
Either party may from time to time by Notice to the other party change its address
for service hereunder.
10.1 1 Statement re License Standing
Licensor and Licensee, at any time and from time to time, upon not less than ten (10)
days' prior notice to the other, may execute, acknowledge and deliver to the other, a
statement in writing stating that this License is unmodified and in full force and
effect, or if there has been a modification, that the same is in full force and effect as
- 10-
modified, and the dates to which License Fees and other monies payable under this
License have been paid, and stating whether or not, to the best knowledge of the
signatory of such certificate, Licensor or Licensee, as the case may be, is in default
of any covenant, agreement or condition contained in this License, and if so,
specifying each such default of which the signatory may have knowledge, it being
intended that any such statement delivered pursuant hereto may be relied upon by
any prospective purchaser and/or assignee of Licensor's or Licensee's respective
interest in this License.
10.12 No Interest
Licensee hereby acknowledges and agrees that this License and Licensor's
permission granted hereby to use the Lands creates no property or leasehold rights
by Licensee to the Lands or the Building, but this License permits Licensee to use
the Lands and Building on the terms and conditions herein contained for the Term,
IN WITNESS WHEREOF the parties have duly executed this Agreement as of the
day and year first hereinabove appearing.
The City of Saint John
per:
N.M. McFarlane, Mayor
and:
J. Patrick Woods, Common Clerk
Common Council Resolution:
BELL CANADA
per:
and:
Service New Brunswick
SCHEDULE "A"
Plan of Lands
N
A
Map Scale / Echelle cartographique 1
1679
While this map may not be free from error or omission, care has been taken to ensure the best possible quality, This map is a
graphical representation of property boundaries which approximates the size, configuration and location of properties, It is not
a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area,
Meme si cette carte n'est peut-etre pas Iibre de toute erreur ou omission, toutes les precautions ont ete prises pour en assurer
la meilleure qualite possible, Cette carte est une representation graphique approximative des terrains (Iimites, dimensions,
configuration et emplacement), Elle n'a aucun caractere officiel et ne doit donc pas servir a la redaction de la description
REPORT TO COMMON COUNCIL
19 October, 2007
M & C - 2007-336
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tenders for Chemicals
BACKGROUND:
Tenders closed on October 17, 2007 for the establishment of supply contracts for the
various chemicals employed by Saint John Water, in the treatment of the City's
potable water supply.
Included in these tenders are: 1) Sodium Hypochlorite
2) Hydrofluosilicic Acid (H2SsiF6)
3) Liquid Chlorine.
ANALSYIS:
A total of 5 companies responded to the different requirements of the tenders.
Summaries of the bids are enclosed for your consideration.
Staff of the Materials and Fleet Management and Saint John Water have reviewed the
tenders and have made the following determination:
Liquid Chlorine
One company chose to respond to this tender and has been found to be complete.
Hydrofluosilicic Acid
Two bids were received for this tender. After reviewing the submissions, the bid from
Alpha Chemical Ltd. was rejected as non-compliant due to a delivery charge and
spring weight restriction surcharge being imposed and contrary to tender terms and
conditions.
PAGE TWO
ANALSYIS CONT"D:
Sodium Hypochlorite
Four bids were received and determined to be complete in every regard. Two options
of product concentrations were requested: 25,000 litre shipments of 12% product
concentration or 20,000 litre shipments of 15% product concentration. When
calculated as a per shipment cost for each concentration, it was determined that low
bid is Brenntag Canada Inc. for the 15% concentration.
FINANCIAL IMPLICATIONS:
It is estimated, based on previous year's consumption and the unit prices bid, that the
City will spend approximately $48,000.00 to purchase sodium hypochlorite,
$51,000.00 to purchase hydrofluosilicic acid and $306,000.00 for liquid chlorine.
These are planned expenditures and as such funds are provided in the annual
Operating Budget.
RECOMMENDA TION:
It is recommended that the tenders for the establishment of supply agreements for various
chemicals used to treat the City's potable water supply be awarded to the lowest bidder in
each case, as follows: Sodium Hypochlorite and Liquid Chlorine to Brenntag Canada Inc. and
Hydrofluosilicic Acid to Min-Chem Canada.
Respectfully submitted,
David Logan, CPPB
Purchasing Agent
T. L. Totten, FCA
City Manager
City of Saint John
Tender Results
2007-681001T
Liquid Chlorine
Item Description Brenntag 2006
Canada Inc. * Prices
lA Chlorine 68KG (150LB) $ 2.773 /kg $2.773/Kg
Return of empty Cylinders $ 188.564/cyl $ 188.564/cyl
IB Refundable deposit per cylinder $ 275.00 $275.00
2A Tonnes Chlorine in 900KG (2000LB) $1. 640 /kg $1.640/Kg.
Return of empty Cylinders $ 1487.808/cyl $ 1487.808/cont
2B Refundable deposit per container $2,000.00 $2000.00
3 Adapters $35.00 $35.00
4 Washers Supplied Supplied
5 Yoke $50.00 $50.00
6 Wrenches $29.00 $29.00
* Indicates Recommendation
eil.}" "F S~im .1t)hn
Tender Results
2007 -681 002T
Hydrofluosilicic Acid H2SiF6
Hydrofluosilicic Acid per Kg
$.82 *
* Indicates Recommendation
$0.434
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M & C - 2007-329
October 19,2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: License for Harbour Passage TrailILookout over Ocean Steel
& Construction Ltd. Property
BACKGROUND:
Common Council at its August 27,2007 meeting authorized the City to enter into
a Highway Usage Permit (HUP) with the Province of New Brunswick for the
purpose of constructing, maintaining and operation of the Harbour Passage
Trail/Lookout, adjacent to Reversing Falls Bridge. This Lookout will be
constructed to incorporate the existing former Bridge piers, located on the south
side of the present bridge (see attached plan). It is expected the Province will be
issuing the HUP shortly.
ANALYSIS:
In the above noted report to Council, it was indicated by staff that a small right-
of-way would also be required from an adjoining property owned by Ocean Steel
& Construction Ltd. to allow better access to the site from the south side of
Chesley Drive. The subject property identified as PID #369611 is currently
vacant but once contained an Irving gas bar. The portion of the property desired
to provide more suitable access to the Harbour Passage Lookout site is identified
on an attached plan of survey as Parcel "Z". This is a small portion of the Ocean
Steel property and is located at the western end of the site, comprising an area of
147 square metres (1,581 square feet).
The license agreement will provide a term of three (3) years, after which the
agreement may be extended. Notwithstanding the access over the Ocean Steel
property, the Harbour Passage Working Group plans to develop a portion of the
vacant land on the north side of the Reversing Falls Bridge that will provide for
an additional pedestrian access to the Lookout site by passing underneath the
bridge. This is anticipated to occur within 2-3 years, once replacement of a City
watermain is completed.
Report to Common Council
October 19,2007
Page 2
RECOMMENDATION:
That The City of Saint John enter into the attached license from Ocean Steel &
Construction Ltd. for the right to construct, maintain and operate a pedestrian trail
with associated structures over the land designated Parcel Z, identified as being a
portion ofPID Number 369611, and that the Mayor and Common Clerk be
authorized to sign the license.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
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LICENSE AGREEMENT
THIS GRANT OF LICENSE made this
day of October, 2007,
BETWEEN:
OCEAN STEEL & CONSTRUCTION
LTD., a body corporate, hereinafter called
the "Licensor"
OF THE FIRST PART
-and-
THE CITY OF SAINT JOHN, a body
cotpOrate, hereinafter called the "Licensee"
OF THE SECOND PART
WHEREAS the Licensor is the owner of lands or has an interest in the
lands situate on the southerly side of Chesley Street, a public street in the City of
Saint John in the Province of New Brunswick, more particularly designated Parcel
"A" on a subdivision plan titled "Subdivision Plan Properties at Chesley Street,
Douglas Avenue and Bentley Street, Plan I of 4, City of Saint John, Saint John
County, New Brunswick" surveyed by David V, Parkhill, New Brunswick Land
Surveyor on February 5, 1998 and filed in the Saint John County Registry Office
on May 5, 1998 as No, 200627 (the "Licensor's Lands"); and
WHEREAS the Licensee wishes to construct, maintain and operate a
recreational parkland and pedestrian trail or walkway and associated structures
and facilities ("Harbour Passage") over and along the lands designated "License
Parcel Z" on the Plan of Survey dated August 16, 2007 attached hereto as
Schedule "A" (the "License Lands") for the use by the general public; and
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the sum of One ($1,00) Dollar of lawful money of Canada, the
receipt whereof is hereby acknowledged and the mutual covenants and
agreements contained herein, the parties hereto agree each with the other as
tollows:
Subjectto the tenns and conditions contained in this Agreement:
License
I. The Licensor does hereby grant, transfer and convey to the Licensee, for
itself, its successors and assigns, employees, agents, servants and licensees, a
License over the License Lands:
a) for the purpose of constructing, maintaining and operating the
Harbour Passage;
b) to permit passage over the License Lands by the general public on
foot or on non-motorized bicycles only; and
c) to make reasonable entry at reasonable times upon the Licensed
Lands by foot, vehicle or equipment as may be reasonably
necessary for the purpose of constructing, repairing, replacing,
maintaining and operating the Harbour Passage provided that any
such entry shall be carried out so as not to hinder or interfere. in
any greater degree than is reasonably necessary with the Licensor's
............._..._____...._...._...~ .........._..._............."". ,_ ...... -00'-.
-2-
use or enjoyment of the Licensor's Lands and further provided that
the Licensee shall notify the Licensor in writing prior to any such
entry setting out the purpose therefor and a schedule of proposed
work to be carried out during such entry.
License Not an Easement
2, This License is not intended to create any right in the nature of an
easement or a right-of-way and will be construed only as a license.
License Covenants
3 The Licensee covenants and agrees with the Licensor:
a) to submit to the Licensor, for its approval all plans and
specifications for any work or improvements it proposes to erect or
construct on the License Lands, which approval may not be
unreasonably withheld;
b) not to pennit or allow motorized vehicles of any kind on the
License Lands except as provided in this Agreement;
c) to indemnify the Licensor from aJl liabilitIes, damages, claims,
suits, actions and costs whatsoever, including but not limited to,
solicitor and client costs, arising out of the operations of the
Licensee other than liability, damages, claims, suits and actions
resulting from gross negligence or willful misconduct of the
Licensor;
d) to maintain at all times public liability insurance in the amount not
less than Five Million ($5,000,000,00) DoJlars and naming the
Licensor as a named insured; and
e) to indemnify and save hannless the Licensor from all rates, taxes,
liens, assessments and levies of any description whatsoever that
may be imposed, charged, claimed or levied by any authority,
body, workman, contractor or supplier upon the Licensor by reason
of the construction or presence of the Harbour Passage and the
privileges granted hereunder.
EasementsILeasc
4.
a)
The License granted herein is subject to any easement or lease or
other interest, heretofore granted by the Licensor to other parties
with respect to the License Lands or any part thereof;
b) The Licensor shall not be liable for any costs or claims which may
be incurred or sustained by any party by reason of any damage in,
on or to the License Lands, or the relocation or alteration to any
utility lines or pipelines as may be caused or necessitated by the
construction and/or existence ofthe Harbour Passage.
Indemnity Rc: License Operations
5. The Licensee agrees to pay to the persons lawfully entitled thereto
compensation for all damages suffered as a result of the operation of the Licensee
and to indemnify such persons for all liabilities, damages, claims, suits and
actions arising out of the operations of the Licensee, other than liabilities,
damages, claims and actions resulting. from gross negligence or willful
misconduct ofsuch person(s).
_....__._~._................~.........-~.. ................-..---.~.....'..... .-....-..--..
-3-
Quiet Enioyment
6. In performing and observing the covenants and conditions on its part tQ be
performed and observed, the Licensee shall, and may, peaceably hold the rights,
liberties, privilege and licenses granted without hindrance, molestation, or
interruption by the Licensor or any person claiming by, through, under or in trust
for the Licensor; and the Licensor and the Licensee agree that each party shall
perform work on its own facilities in such a manner so as to cause the least
interference to the other party's facilities,
Invalid Pr9vision
7. The invalidity of any particular provision of this Agreement shall not
affect any other provision of it, but the Agreement shall be construed as if the
invalid provision had been omitted.
Further Assurances
8, The parties agree that each of them shall, upon reasonable request of the
other, do or cause to-be done, all further lawful acts, deeds and assurances
whatsoever for the better performance of the terms and conditions of this
Agreement.
Assilll1Jl1ent
9, This License Agreement may not be assigned by either party without the
express written consent of the other party which consent shall not be unreasonably
withheld,
Termination
10.
a)
This License Agreement may be terminated by the Licensor at any
time after three (3) years from the date hereof upon giving one
hundred eighty (180) days' notice in writing to the Licensee. In
the event that the Licensor gives notice of termination pursuant to
this provision the Licensor agrees to confer and cooperate with the
Licensee in order to assist the Licensee in the relocation of the
section of the Harbour Passage located on the Licensed Lands; and
b) If at any time the Licensee fails to fulfill, observe or perform
covenants and conditions contained herein or discontinues the use
of or abandons the Harbour Passage, this License may be
terminated by the Licensor upon giving thirty (30) days' notice in
writing to the Licensee; and
c) Upon tennination of this Agreement, the Licensee shall at. its own
expense restore the Licensed Lands to a condition satisfactory to
the Licensor acting reasonably and upon the Licensee's failure to
do so, the Licensor may perform such work at the cost of the
Licensee who agrees to pay such costs on demand.
Notices
11, Any notices to be given under this Agreement may be submitted by mail
or facsimile to:
Ocean Steel & Construction Ltd,
400 Chesley Drive
Saint John, NB E2K 5L6
Attention: General Manager
...... .........~___._._.._......___.........~______.__.....~~.~__.__.__.........t.-.-....._~.._...-.-.-.--.. . .... ..... ......
And to:
And to:
Commercial Properties Limited
44 Chipman Hill, Suite 201
Saint John, NB E2L 5B2
Attention: President
The City of Saint John
15 Market Square
P. O. Box 1971
Saint John, NB E2L 4L I
Attention: Common Clerk
-4-
The parties hereto have set their hands and seals the day and date
hereinabove written,
SIGNED, SEALED & DELIVERED)
In the presence of: )
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OCEAN STEEL &
CONSTRUCTION LTD.
Per:
And:
THE CITY OF SAINT JOHN
N.M. McFarlane, Mayor
J. Patrick Woods, Common Clerk
Common Council Resolution:
October _,2007,
New Brunswick Grid
Sf" x
7 2 532 545.911
8 2 532 560.100
9 2 532 554,582
10 2 532 558,-450
11 2 532 555.090
12 2 532 555.801
13 2 532 556.184
2581 2 532 535.458
2582 2 532 555,047
2765 2 532 !lO3,983
18040 2 534 810,205
20142 2 532 sg3.252
20143 2 532 958.03&
20144 2 533 081.228
Scale Factor
Co-Ordinate Values
y RNKS.
7 382 249,254 Cole. Pt.
7 382 253,228 Cole. Pt.
7 382 255.1114 Cole. Pt.
7 382 255.290 Cole, Pt.
7 382 280.883 Cole. Pt.
7 382 284.582 Calc. Pt.
7 382 287,889 Cole. Pt.
7 382 252.498 Calc. Pt.
7 362 287.045 Calc. Pt.
7 362 315.346 C.C,
7 384 294,024 N.B. Mon.
7 362 388,249 N.8, Mon.
7 382 781.017 N.B. Mon,
7 363 121.555 N.B. Mon.
ied 1 .000035
Province of New I
Brunswick (Dept. of
T ransportotion) Property --------- .
Doc. 43201 Vol. 5-6 Pg. 79
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See Pion No. 200627
Parcel A
P.I.D. 00369611
Ocean Steel &
Construction Ltd.
Property
Doc. 17590994-Reg. 2003-12-08
Of 'fIoy
Rig\",\ ('0.0.)
;!l.0
see File 28 No. 175
see File 33 No. 20
see File 33 No. 21
see File 33 No. 76
Plan Of Survey
Showing Ucense requirements from
Ocean Steel & Construction Ltd.
Chesley Drive . City of Saint John .
Saint John County . New Brunswick .
Certified Correct
HUGHES JSU~YS. & CONSULTANTS INC.
Surveyed by ~ ~~~ Au9. 16, 2007 .
David V. Parkhill Date
New BruMWlck Land Surveyor' 362
4- 0 4- 8 12 16
1 :200 P"""--_- I
metres
HUGHES SURVEYS & CONSULTANTS INC.
Owg. No. S07354A
Own. By
8.5....
Disk No.
Tapos 507354
lIap Ref,
2007
Disk No,
2007
Job No.
Y7-354-R
G/08-TlB.SE(4)
.
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....
M & C - 2007
I
October 22, 2007
His Worship Mayor Norm McFarlane
And Members of Common Council:
SUBJECT: CONTRACT NO. 2007-39 HARBOUR PASSAGE PHASE V -
REVERSING FALLS LOOKOUT
BACKGROUND:
This Contract consist of the construction of two outlook structures, access ramp and stairs,
connecting walkways, lighting, landscaping, and interpretation panels at Reversing Falls
Bridge, eastern end. See Appendix "A" attached.
The continuation of Harbour Passage will provide greater public access to the City of Saint
John's Inner Harbour, a priority of the 1999 Waterfront Strategic Plan.
In this report, Council is requested to award Contract No. 2007-39, Harbour Passage Phase
V - Reversing Falls Lookout.
TENDER RESULTS:
Tenders closed on Wednesday, September 19, 2007, with the following results:
Contract 2007-39, Harbour Passa2e Phase V - Reversin2 Falls Lookout
1.
Fairville Construction Ltd, Saint John, NB
$ 695,000
2.
Galbraith Construction Ltd, Saint John, NB
$ 847,800
3.
King Construction, Fredericton, NB
$ 884,000
4.
Maricon Construction Management Ltd., Saint John, NB
$ 948,500
The estimate for the work was $ 778,506
I
-.
.,
ANALYSIS:
Staff reviewed the tenders and staff is of the opinion that the low Tender has the necessary
resources, experience and expertise to perform the work, and recommend acceptance of
their tender.
FINANCIAL CONSIDERATIONS:
The total stipulated lump sum tender price of $695,000 includes HST and a combined
contingency and cash allowance of$65,000. The contingency allowance is not a guaranteed
payment to the Contractor, but will be utilized only for adjustments to the Contract or to
resolve any unforeseen matter that may arise during construction.
The difference between the tender estimate and the tender bid is $83,506. Estimates for this
project and for past Harbour Passage projects have been based upon similar work in similar
projects. There are many items that can vary the value of a contract including costs of
labour, fuel, lumber, rock, sand and gravel, asphalt, concrete, landscape materials, etc.
In addition to the amount to be paid to the Contractor there is requirement to have a
separate Contract for daily site inspection, construction management, and contract
administration services. The cost of these services is budgeted at a maximum of $29,469
including HST, (3% of the contract value plus 10% of the contingency amount, ifused) and
includes all necessary inspection and project administration for the work as detailed in the
Reversing Falls Lookout tender documents.
A recommendation on the engagement of The Glenn Group, Landscape Architects and Park
Planners, to provide the site inspection, project management, and contract administration
services follows in a separate section of this report.
Cost of construction
Total Contract amount (Fairville Construction Ltd.)
Inspection and Administration (The Glenn Group)
Total
Less recoverable portion ofHST:
Net construction cost
$ 695,000
$ 29,469
$ 724,469
$ 76,585
$ 647,884
The monies necessary to finance the net construction cost are available in funds previously
committed by the City of Saint John and the Province of New Brunswick.
Other Financial Considerations
The tender documents stipulate that the City has 60 days following close of tenders to
award a contract, (December 12, 2007) if the City at its sole discretion, decides to do so.
The recommendation herein is to award the contract subject to all land issues being
satisfactorily resolved prior to this date.
LAND ACCESS AND ENVIRONMENTAL ISSUES:
Land Access
Negotiations have been ongoing with the owners of the two affected properties; Province of
New Brunswick (DOT) and Ocean Steel & Construction Ltd. for land rights necessary for
the project to proceed. Common Council at its August 27, 2007 meeting agreed to enter
into a legal document with the Province (Highway Usage Permit) for permission to
construct, maintain and to permit the use of the Reversing Falls Lookout on their land. All
of the necessary documentation pertaining to the Permit has been provided to the Province
and their issuance of the Permit should be forthcoming shortly.
The City has prepared a draft license agreement with Ocean Steel & Construction Ltd. that
would allow for the City to access over a small portion of their property for the purpose of
constructing, maintaining and allow pedestrian access on the walkway that would provide
access to the Lookout from Chesley Drive. Ocean Steel has agreed to the terms and
conditions contained in the agreement and a separate report to Council has been prepared
for their consideration.
Environmental Issues
No Federal or Provincial Environmental Permits / Approvals are required for this project.
CONSTRUCTION and ADMINISTRATION SERVICES:
The Glenn Group, Landscape Architects and Park Planners (The Glenn Group) under a
separate contact completed the Final Design work for Harbour Passage Phase V. The
design services of The Glenn Group were complete upon presentation of the contract
drawings and specifications.
Provision of construction inspection, project management, and administration services are
required as part of Harbour Passage Phase V. The Glenn Group provided these services for
Phases I to IV. The firm has advised that in the same manner as in past projects it would
undertake to provide this work at a cost of $29,469 (including HST). This amount equals
3% of the total contract amount of $695,000 plus 10% of the value of the contingency
amount of $50,000 and is a typical and fair expenditure for such work.
This work includes: site and committee meetings and inspections, product review, samples
and testing; shop drawing review and approval; progress billings; electrical engineering and
structural engineering services; administration and correspondence; the provision of
contract administration services such as negotiations with the contractor, reviewing all
payment claims, preparing change orders, etc.; provision of site inspection during
construction; attendance at regular site meetings and undertaking of spot inspections by
senior designers; provision of final inspections for substantial completion and following the
one year warranty period; provision of inspection by sub-consultant engineers of structural
and electrical works and provision of as-built drawings upon project completion to the City
in digital format for record keeping.
Any change in the scope of the services that requires additional design, inspection and
administration services would be billed at 10% of the value of the additional work. A
recommendation is included with this report to engage The Glenn Group to provide
contract inspection and administration service for the percentage amounts outlined.
RECOMMENDA TION:
It is recommended that Common Council:
1. Award Contract 2007-39 - Harbour Passage Phase V - Reversing Falls Lookout to
Fairville Construction Ltd. at the Total Stipulated Lump Sum Price of $695,000
inclusive of HST, subject to satisfactory resolution of all land issues prior to
December 12, 2007, such determination to be made jointly by the Commissioner of
Leisure Services and the Commissioner of Planning and Development. (The
contract shall be presented to Fairville Construction Ltd. for execution only if the
land issues are resolved.)
2. Subject to the award of the above contract, approve the engagement of The Glenn
Group, to (A) provide contract inspection and administration services for Harbour
Passage Phase V Reversing Falls Lookout for the works specified and detailed in
the tender documents to maximum value of $29,469, including HST, and (B) should
the scope of the services change such that additional design, inspection and
administration services are required, such additional work be paid at 10% of the
value of the additional work.
Respectfully submitted,
/3 J9/l~
Bernie Morrison
Commissioner of Leisure Services
Terrence L. Totten, C.A.
City Manager
October 18, 2007
M & C 2007-333
I
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT:
DESIGN AND CONSTRUCTION MANAGEMENT
CEDAR POINT - SANITARY LIFT STATION UPGRADE
BACKGROUND
The approved 2007 Water and Sewerage Fund Capital Program - Infrastructure Renewal
Sanitary category includes a project to upgrade the Cedar Point Sanitary Lift Station as
recommended in the "Cedar Point Lift Station Upgrading Options and Sanitary Sewer Study".
The project includes the funding necessary to engage engineering services to complete the
following:
· Site survey and preliminary investigation;
· Preliminary design, cost estimates and design report;
· Detailed design and specifications preparation; and
· Inspection services and construction management.
PURPOSE
The purpose of this report is to make recommendations for consulting engineering services for
the project.
ANALYSIS
On July 30, 2007, with a comprehensive and detailed scope of work document developed by
staff, a proposal for consulting engineering services was requested from ADI Limited. In
response to this request, ADI Limited submitted a proposal on August 21, 2007. Staff was
previously authorized to conduct negotiations with this consultant for engineering services for
the following project:
. Cedar Point Lift Station - Upgrade
I
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M & C 2007 - 333
October 18, 2007
Page 2
A Review Committee of staff completed an analysis of the submission:
Brian Keenan, P. Eng.
Engineering Manager, Municipal Engineering
Kendall Mason, P. Eng.
Municipal Engineer, Municipal Engineering
Brent McGovern, P. Eng.
Manager, Water & Wastewater Operations
Kevin Rice, C.E.T.
Operations Manager, Environmental Protection (Wastewater)
Dave Logan, CPPB
Purchasing Agent / Manager, Materials and Fleet Management
Each member completed a review of the submission, and a subsequent meeting of the Review
Committee was held to jointly discuss the information presented in the ADI Limited proposal.
The upset price contained in the proposal was also evaluated by the committee and staff then
negotiated with ADI Limited and agreed on an acceptable fee with the Consultant for submission
to Council for approval.
The submission from the ADI Limited met all of the requirements of the request for proposal, in
a manner acceptable to the committee, with a cost-effective bid for the project.
FINANCIAL IMPLICATIONS
The proposed cost of the work from the ADI Limited to provide design and construction
management services is approximately $31,573. 00 including the City's eligible HST rebate. An
amount of $230,000 was included in the 2007 Utility Fund Capital Program for design,
construction management and construction.
Engineering fees to cover the cost of design and construction management generally do not
exceed 12-17% of the total overall project cost, depending on the nature of the project and the
engineering services required. This upset fee is approximately 16 % of the total overall project
cost, which is considered appropriate for this type of project.
M & C 2007 - 333
October 18, 2007
Page 3
RECOMMENDA TION
It is recommended that the proposal of ADI Limited for engineering services (design and
construction management) for Cedar Point Sanitary Lift Station Upgrade be accepted and that
the Mayor and Common Clerk be authorized to execute the appropriate documentation in that
regard.
Respectfully submitted,
1. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
October 18, 2007
M & C 2007 - 332
I
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT:
DRINKING WATER QUALITY - DISINFECTION BY-PRODUCTS
- OCTOBER UPDATE
PURPOSE
In follow up to M&C 2007-302 dated September 18th, 2007, the purpose of this report is to
provide Council with an update and share publicly new disinfection by-product data recently
received.
One of the proposed immediate term actions ofM&C 2007-302 was to increase the frequency of
sampling from quarterly to monthly at all 14 distribution system sampling locations for both
trihalomethanes (THMs) and haloacetic acids (HAAs). Samples were collected on September
19th in accordance with the increased sampling frequency, submitted for both THM and HAA
analyses and the results received from the laboratory the week of October 8th.
BACKGROUND
At the September 24th, 2007 meeting of Common Council a presentation was made regarding
elevated levels of disinfection by-products (DBPs) that were detected as part of Saint Johns
regular drinking water sampling plan. Two of 14 locations from the sampling plan had
exceeded the maximum acceptable concentration for total trihalomethanes (THMs) which is
based on a locational running average of quarterly samples.
Saint John Water collects samples for bacteriological, inorganic and organic analysis in
accordance with its Approval to Operate the drinking water distribution and treatment facilities
and its most recent Sampling Plan. The Plan is approved and issued by the Department of
Health, however management of sampling plan information is the responsibility of the
Department of Environment.
I
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M & C 2007-333
October 18, 2007
Page 2
Trihalomethanes (THMs)
Trihalomethanes are formed when chlorine (the only process barrier of protection in Saint Johns
water treatment facilities), a disinfectant added to the drinking water to eliminate or inactivate
disease causing microorganisms, mixes with naturally occurring organic matter present in the
water such as decaying leaves and other vegetation. This chemical reaction forms a group of
chemicals known as disinfection by-products (DBPs). The most common of these by-products
are THMs. THMs include four chemical compounds: bromodichloromethane (BDCM),
dibromochloromethane (DBCM), chloroform and bromoform.
The Guidelines for Canadian Drinking Water Qualit/, published by Health Canada on behalf
of the Federal-Provincial-Territorial Committee on Drinking Water (CDW), cover a wide range
of water quality related parameters. Among the 85 chemical and physical parameters currently
listed in the Guidelines, two are related to trihalomethanes. The first deals with total
trihalomethanes, which includes four chemical compounds - chloroform, BDCM, DBCM and
bromoform. While BDCM is included in the total trihalomethane guideline, there is a second
and separate guideline specifically for the bromodichloromethane (BDCM) chemical compound.
Trihalomethanes - Total
The maximum acceptable concentration (MAC) for total THMs in
drinking water is 100 micrograms of THMs per litre of water
(/lgIL) - based on a locational running average of a minimum of
quarterly samples taken at the point in the distribution system with
the highest potential THM levels.
Bromodichloromethane
The maximum acceptable concentration (MAC) for BDCM in
drinking water is 16 micrograms per litre of water (/lgIL)
monitored at the point in the distribution system with the highest
potential THM levels.
The formation of disinfection by-products in the distribution system are essentially a function of
six variables; naturally occurring organic precursor concentration and type, chlorine type and
dose, contact time (the time chlorine has to react with organic matter while in the distribution
system), water pH and temperature, and bromide ion concentration. As an example, THM levels
are generally lower in winter than in summer, because the amount of natural organic matter and
the water temperature is lower in that season. 1
1 Guidelines for Canadian Drinking Water Quality, Guideline Technical Document, Trihalomethanes, Health Canada, Ottawa,
May 2006
M & C 2007-333
October 18, 2007
Page 3
Total Haloacetic Acids (HAAs)2
The second most common group of disinfection by-products is halo acetic acids (HAAs). HAAs
are a group of compounds that can also form when chlorine used to disinfect drinking water
reacts with naturally occurring organic matter.
As noted in the report dated September 18th, 2007, Health Canada recently completed its review
of the health risks associated with haloacetic acids in drinking water. Identified health risks
were assessed, taking into account new scientific studies and approaches, as well as treatment
considerations. Based on this review, a "proposed" guideline has been set for total haloacetic
acids in drinking water.
Total Haloacetic Acids
The "proposed" maximum acceptable concentration (MAC) for
total haloacetic acids in drinking water is 80 micrograms of HAAs
per litre of water (/lgIL) - based on an annual average of a
minimum of quarterly samples taken in the distribution system.
Every effort should be made to maintain concentrations as low as
reasonably achievable without compromising the effectiveness of
disinfection.
While the proposed MAC of 80 /lgIL has not yet been established as a guideline within the
Guidelines for Canadian Drinking Water Quality, it is anticipated that it will be in the near
future and, therefore, should be dealt with seriously. This is an example of how treatment
facilities need to have the appropriate processes (infrastructure) in place to meet the ever
evolving drinking water science and associated changing regulations.
Although haloacetic acids are not yet included in the approved sampling plan, Saint John Water
began the testing of Saint Johns water, in conjunction with the preliminary design process for the
new water treatment facilities and in anticipation of the forthcoming HAA guidelines.
It is Saint Johns inability to remove naturally occurring organic matter that is at the root of the
disinfection by-products problem. The way to lower THMs, HAAs and other disinfection by-
products is well researched and the solutions achievable; the key being to remove the organic
matter from the water before it is disinfected. The means for doing this is and thus having the
ability to meet increasingly stringent Health Canada guidelines is to construct modern water
treatment facilities that have in place additional barriers (i.e. filtration).
It is noteworthy that without the adequate disinfection of our water supplies, health risks from
microorganisms would far outweigh the risks from THMs, BDCMs, HAAs or other disinfection
by-products. As stated numerous times previously, Saint John's only means of killing or
inactivating microbes and pathogens currently is by means of disinfection by chlorination.
2 Haloacetic Acids in Drinking Water, Document for Public Comment, Prepared for the Federal-Provincial-Territorial
Committee on Drinking Water, Health Canada, Ottawa, July 2006
M & C 2007-333
October 18, 2007
Page 4
ANALYSIS
Testing for trihalomethanes (THMs) as per the sampling plan normally occurs quarterly, because
THM levels can vary significantly over time (including seasonally) with factors such as levels of
raw water organics and water temperature. Table 1 (attached) provides a summary of total THM
readings for 2005, 2006, and to date in 2007 including the results of samples collected
September 19th as per the increased testing frequency. Samples collected September 19th were
not part of the Clean Water Act samples that are scheduled to be collected quarterly in
accordance with the sampling plan and therefore not included in the calculation of "average last
four quarters" column in Table 1.
For the most part THM levels have declined as expected and at some locations, levels have
declined significantly. The THM decrease can be attributed mainly to water temperature and
laboratory testing procedures.
Water Temperature As noted in the report dated September 18th, 2007, the temperature of
our water sources this year reached new historical highs: 22.60C at Spruce Lake and 23.9 oC at
Latimer Lake. From July 16th when a full round of THM samples were collected to September
19th, lake temperatures decreased from 19.4 oC and 21.90C to 16.8 oC and 17.30C at Spruce Lake
and Latimer Lake respectively. Considering that lower temperatures decrease the potential for
THM formation, it is expected that the decrease in lake temperatures between the two sampling
periods has contributed to lower levels of these disinfection by-products.
Laboratory Testing Procedures It was noted in the September 18th, 2007 report that the
protocol being followed by some labs for collected samples may have been problematic. When
samples are collected they shoud be quenched as well as acidified. Quenching removes the
remaining available chlorine from the water sample, and acidification prevents the further
development or formation of THMs - so that the sample remains representative of the actual
drinking water quality being tested. According to Health Canada and other authorities, collected
water samples should be adjusted to a pH of 4.5 or lower to prevent further production of THMs
during sample storage - while the sample is waiting to be analyzed. Saint John Water searched,
found and has used an accredited lab in Ontario to analyze samples that are both quenched and
acidified, as per Health Canada guideline. As can be seen in Table 1, the September 19th sample
results are shown in two columns.
The column labeled "thio only" refers to the fact that sodium thiosulphate was used and
therefore the samples were simply quenched. The second column notes "acid + thio" therefore
indicating that samples were both quenched and acidified as recommended by Health Canada.
The reason for running samples using two preservation techniques was to quantify the variation
in results. This experiment clearly demonstrates that the results of acidified samples were
approximately 40 to 77% of those without acid and therefore an obvious possible contributing
factor to the elevated THM results.
M & C 2007-333
October 18, 2007
Page 5
Going forward all samples will be both quenched and acidified which should greatly reduce the
possibility of erroneous readings due to the lack of sample acidification.
All results including the latest round for bromodichloromethane (BDCM) fall well within the
maximum acceptable concentration of 16 /lgIL. Table 2 (attached) provides a summary of
BDCM readings for 2005, 2006 and to date in 2007 showing both the acidified and non-
acidified results.
HAA results in table 3 (attached) for the most part exceed the "proposed" maximum acceptable
concentration for total haloacetic acids in drinking water of 80 /lgIL. These exceedances of the
proposed maximum acceptable concentration are yet further indicators that the naturally
occurring organic matter will need to be removed from the source water prior to disinfection, in
order to meet the forthcoming new guideline.
As noted in the September 18th, 2007 report, the fluoride system at Spruce Lake went back into
operation on August 23rd; the system at Latimer Lake is now scheduled to be back in service
over the next few weeks with the completion of the facility upgrade. Lower pH and thus lower
THM formation is anticipated.
Saint John Water operates and manages the water system with public health, safety and the
quality of drinking water as its foremost priorities. Saint John Water staff in both Operations
and Engineering continue to work diligently to address the matter of disinfection by-products
and will present results of the Clean Water Act samples collected on October 15th at the
November update to Common Council.
RECOMMENDA TION
It is recommended that this report be received and filed.
Respectfully submitted,
1. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
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REPORT TO COMMON COUNICIL
~(c(
October 18, 2007
M & C - 2007 - 331
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
City of Saint John
SUBJECT: Public Hearing Date -120 McDonald Street
I
As provided in Common Council's resolution of August 3,2004, this report
indicates the rezoning and Section 39 applications received and recomjrnends an
appropriate public hearing date. I
The full applications are available in the Common Clerk's office and ~i11 form
part of the documentation presented at the public hearing. I
The following application has been received.
Name of
Applicant
Location
Existing
Zone
Proposed
Zone
Re~son
fo~ Change
I
502413 N.B. Ltd.
(Doo1y's)
120 McDonald "SC-2"
Street (Loch
Lomond Mall)
Section 39
amendment
Tolpermit a
separate
I
licltnsed lounge
are~ in conjunc-
tio~ with the
Doply's billiard
pa~lour
I
I
RECOMMENDA TION:
,
That Common Council schedule the public hearing for the Section 39 flmendment
application of 502413 N.H. Ltd. (120 McDonald Street) for Monday, Wovember-;?'
19, 2007 at 7:00 p.m. in the Council Chamber. j/ /
v
\"
..'1LG~.j
Terrence Totten, fC,A.
City Manager
Respectfully submitted, 1
~'~~:)(<:rj/
Jim R. Baird, MCIP
. Commissioner
Planning and Development
JRB/r
REPORT TO COMMON COUNCIL
M & C - 2007-335
19 October 2007
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender - Construction of Office Building Addition -
Leisure Services, 171 Adelaide Street
BACKGROUND:
Tenders closed on Wednesday October 10, 2007 for the supply of all necessary
labour, materials tools and equipment required to construct an addition to the
existing Leisure Services building at 171 Adelaide Street.
The addition will accommodate foreman's offices, lunchroom and separate locker
rooms for male and female, permanent and summer staff. Presently rented trailers
serve as the lunchroom and foreman's offices.
ANAL YISIS:
Two companies responded to the City's call for public tenders by submitting bids.
Staffs of Facilities Management and Materials and Fleet Management have
reviewed the tenders and have found them both to be complete in every regard.
A summary of the bids is enclosed for your information and review.
FINANCIAL IMPLICATIONS:
The total cost to construct an addition to the Leisure Services Complex at
171 Adelaide Street if awarded to the lowest bidder, will be $275,000.00.
This is a planned project and as such funds to cover the cost are included in the
Facilities Management Capital Budget for 2007.
Page Two
RECOMMENDA TION:
It is recommended that the tender submitted by Erb's Enterprises Ltd., in the
amount of $275,000.00 for the supply of all necessary labour, materials, tools and
equipment required to construct an addition to the Leisure Services Complex at
171 Adelaide Street be accepted.
Purchasing Agent
T.L. Totten, FCA
City Manager
City of Saint John
Tender Results
Tender
2007-085103T
Construction of Office Building Addition - 171 Adelaide St.
Tender Price -
$275,000.00
*
$295,000.00
* Indicates Recommendation
OPEN SESSION
M & C 2007 - 338
October 18, 2007
His Worship Norm McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT
City Market Tower Space Optimization study
BACKGROUND
This report is further to the August 22, 2007 Information of Council "City Market
Tower Upgrade / Renovations". In January 2007, responsibility for the City
Market was transferred from the Leisure Services Department to the Buildings
and Inspection Services Department. Since that time, Facility Management has
been working to upgrade the City Market and renovating it to meet the current
building code.
Since January 2007, the sprinkler system in the main Market area has been
completely replaced, and a fire exit out of the north basement is currently being
constructed. Various other improvements and maintenance upgrades have also
been completed this past year.
The next area that requires significant renovation is the market tower. The
sprinkler system, although currently operational, requires replacement and the
tower also requires many upgrades to fire safety aspects of the building, including
exiting and fire separations. Other general upgrades to the tower are required,
such as lighting and washroom improvements.
Prior to Facility Management beginning these extensive renovations to the market
tower, staff will be engaging the services of a consultant to carry out a space
optimization study, in preparation of building code upgrades and general
renovations. A space optimization study would consider any opportunities in the
M & C 2007 - 338
- 2 -
October 18,2007
tower to share space or common areas etc. and to ensure that space is being
utilized effectively.
RECOMMENDA TION
Your City Manager recommends that this report be received and filed.
Respectfully submitted,
Wm. Edwards, P. Eng.
Commissioner
Buildings and Inspection Services
Terrence Totten, CA
City Manager
The City of Saint John
Norm McFarlane
Mayor's OHice
Bureau du maire
PROCLAMA TION
WHEREAS:
Safe Kids Canada, in conjunction with CN, launched Safe Crossing
Week ln 2005 to raise awareness of safety at highway-railway
crossings and to encourage parents, caregivers and teachers to talk
to children about safety at railway crossings; and
WHEREAS:
Safe Kids Canada is the national injury prevention program of The
Hospital for Sick Children (SickKids) in Toronto, and with eN,
knows that education is an important prevention strategy and
parents have a vital role in helping to teach their kids to be safe;
and
WHEREAS:
each year in Canada, close to 100 people are killed and another
100 injured in train-related collisions. The majority of these
incidences are predictable and preventable; and
WHEREAS:
parents and children need to know how to stay safe near railway
tracks:
· Always cross at a railway crossing with a sign and/ or gates;
· Listen for the warning beLl and train whistles;
· Look both ways before crossing tracks;
· If one train passes, make sure that a second train is not
approaching on the same or another track;
· Walking or playing on or n a~r c is dangerous and
illegal;
NOW THEREFORE: I, Mayor Norm McFarl e, , -of Saint John do
hereby proclalm October 22nd to 28th, 2007 as Safe era ing Week in the City of Saint
John.
In witness whereof I have set my hand and affixed the official seal of the Mayor of
the City of Saint John.
~
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2l 4LlI www.saintjohn,ca I c.P. 1971 Saint John, N.-B. Canada ElL 4L1
--
MAYOR'S TASK FORCE - UNBSJ & NBCC
On September 24th, 2007 Common Council created The Mayor's Task Force -
UNBSJ and NBCCSJ. The Task Force was given the mandate to prepare and
present a report to Council covering the following issues:
1. Review the recommendations made in the report on Post-Secondary
Education;
2. Consider the implications of the recommendations; and
3. Examine how UNBSJ and NBCCSJ can be enhanced.
In view of the limited time available a decision was made by the members of the
Task Force to consider mainly the issues that directly affect post secondary
educational opportunities in Saint John. It was recognized that a review of post -
secondary education is timely and that there are recommendations in the report
which will facilitate student access and better serve them and all New Brunswick.
The Task Force held a series of meetings over the last three weeks including
listening to the views expressed by different groups of interested stakeholders.
The Task Force also had a meeting with the Deputy Minster of Post-Secondary
Education.
Summary of Recommendations:
1. The primary recommendation of the Task Force is that there must be a
university in Saint John including Liberal Arts and Science programs.
2. The university in Saint John must continue to be a part of UNB.
However changes must be made to give separate funding and local
autonomy to enable the Saint John Campus to realize its full potential
and to be responsive to community needs.
3. NBCC must have autonomy from the Provincial Government and more
funding to meet the needs and opportunities of our community.
4. The expansion of articulated programs between NBCC and UNBSJ
must be a priority.
2
Summary of Recommendations: (continued)
5. The significant benefits of co-location of UNBSJ and NBCC at Tucker
Park must be realized.
6. A structure must be put in place to ensure that the advantages of
institutional collaboration and of co-locating NBCC to the UNBSJ
Campus are maximized. This could take the form of a partnership
between the two institutions, responsible for targeted and collaborative
programs and services.
7. A committee representing the Greater Saint John Region should be
established to ensure the actions set out in this report have begun
implementation by September 2008. If satisfactory progress has not
been made steps should be taken for UNBSJ to become independent
of UN B.
8. There should be a representative from UNBSJ on the recently
announced working group of University President's and Community
College principals which are being asked to review the future of Post
Secondary Education in the province.
Recommendation 1
The primary recommendation of the Task Force is that there must be a university
in Saint John including Liberal Arts and Science programs..
Educational and Economic Advantages:
The presence of a university in Saint John provides opportunities to
people in the community who would not otherwise be able to attend
university. The Report by the Commission on Post-Secondary
Education states on page 23, "We know from studies by Statistics
Canada that university participation rates decrease by nearly half
when distance from a university exceeds 80 kilometers." Saint
John must have a university to avoid this happening to our city and
region.
Saint John is the economic engine of New Brunswick. A university in
Saint John is critical for individual and community growth. Families
will not relocate to Saint John if there is no university presence. This
will have a negative impact on the City and the entire province. The
presence of an accredited university plays an important role in the
overall quality of life offered to residents. It complements and
3
supports such attractions as The New Brunswick Museum, the
Imperial Theatre, the Aquatic Centre and Harbour Station.
Recommendation 1 (continued)
The university provides economic benefits from both local and foreign
students. Whether from other parts of Canada or from around the
world such students add greatly to the diversity of our community and
become catalysts for growth and diversity by choosing to stay, live and
work in the region.
The Province's Population Secretariat aims to increase New
Brunswick's immigration rate to 5,000 people per year by 2015. Saint
John needs a university to attract a significant share of these new
citizens. As well the Province will need Saint John to fully participate
in this initiative in order to accomplish its Self-Sufficiency objectives.
Saint John has the highest incidence of urban poverty in Canada. In
the Saint John CMA there are 6,765 lone parent families - the majority
of them headed by a single mother. According to Statistics Canada,
over half of these lone parent families live in poverty. Women, a
number of them young mothers, are now over half of UNBSJ's
undergraduate enrolment. Serious efforts are being made in Saint
John to reverse the cycle of poverty and a university is an essential
component in the battle to improve the lives of such families.
The economic contributions to the region of the many well paid
employees of the university who spend on housing, cars, restaurants,
food, clothing and entertainment cannot be ignored.
The Greater Saint John area is on the verge of substantial growth in
economic activity and population. A vibrant and growing City needs a
university. At the present time all CMA's in Canada with a population
over 100,000 have a university. Saint John must not be the only City
of this size in Canada without a university.
Research and Grant Funding:
UNBSJ attracts substantial funding for research ($14-$15M).This
research and grant funding has a significant economic benefit for the
community and the local economy. It contributes in the attraction and
retention of high quality faculty many of whom are recognized
nationally and internationally in their chosen fields.
4
Recommendation 1 (continued)
The affiliation of UNBSJ with UNB Fredericton is a strong advantage
for both campuses and that affiliation must be maintained. This is
significant for two reasons. First the larger the school the more likely it
is to be considered in the selection of research funding. And secondly
the reputation of the institution is important in the competition for
research funding and therefore the excellent research records on both
campuses benefit both in specific competitions.
Research carried out by UNBSJ is a platform for environmental and
economic development. Today UNBSJ is home to the following:
o Centre for Coastal Studies and Aquaculture
o Canadian Rivers Institute Research Facility
o Electronic Commerce Centre
o G. Wallace F. McCain Institute for Business Leadership
o Centre for Criminal Justice Studies
Recruitment, Training and Retention of a Specialized Workforce
The region will lose a critical mass of faculty, researchers and
students if students are required to go to an out-of-province university
for programs such as Marine Biology. Such courses are not offered at
many universities. This results in an influx of faculty and students in
highly specialized disciplines to Saint John. UNBSJ can attract and
retain these specialized individuals thus putting Saint John on the map
internationally as a centre of expertise.
The inverse of this situation is also a risk. Local students would be
forced to leave the area to study and may not be able to return home
to Saint John to work in their desired field if UNBSJ did not exist or did
not offer these programs.
The population of Saint John, primarily the young, but in many
instances the mature and senior must be well prepared to work and
live in a global economy and a complex world. Access to a university
education and its concomitant research opportunities are a vital thread
for a community on the move.
5
Recommendation 2
The university in Saint John must continue to be a part of UNB. However
changes must be made to give separate funding and local autonomy to enable
the Saint John Campus realize its full potential and to be responsive to
community needs.
Research is extremely important to both campuses. Neither Saint John
nor Fredericton will be able to maintain their current status without the
other.
UNB is a recognizable brand name. Founded in 1785 the University of
New Brunswick is one of the oldest public universities in North
America.
The size of the combined student population in conjunction with the
reputation of UNB are important factors in support of a continuing
relationship for the two campuses.
Funding for UNB has and continues to be a problem. This fact has
been recognized by both campuses and there must be a revision of
the 25 year old funding model which will ensure equitable funding for
both.
There is the belief that UNBSJ does not have adequate influence on
decisions made in Fredericton. Whenever major decisions are being
made the local campus is not on equal footing.
UNBSJ has its own Senate; however, there is one Board of Governors governing
both campuses. With funding allocated separately and each campus with
autonomy, the role and scope of the Board of Governors may be more clearly
defined with responsibility for overall Corporate issues.
Recommendation 3
NBCC must have autonomy from the Provincial Government and more funding to
meet the needs and opportunities of our community.
NBCC must be capable of being responsive to current needs,
something which has not been possible with central control in
Fredericton. NBCC's should be governed by an entity (i.e. Crown
Corporation) that can operate at arms length from government.
6
Recommendation 3 (continued)
NBCC in Saint John cannot currently meet the demand of students.
The number of applications far exceeds the availability of training
places. It is reported that there can be as many a five applications for
each seat. The College was only able to provide 30 seats for their
Power Engineering program. Two Hundred and Fifty applied.
The buildings on Grandview Avenue and the North End locations are
aging and in desperate need of repair. Some buildings are nearly 45
years old and there has been very little invested other than routine
maintenance.
Our City anticipates several major industrial and business growth
initiatives which are calling for significant increases for educated and
well trained employees. They will be looking for the type of skilled
workers the College educates and trains. NBCC estimates it needs to
double its "intake" of students to meet the forecasted needs for the
labour market.
If our province is to achieve its objective of Self-Sufficiency, a
Community College system that is properly governed and funded will
play an important role.
Recommendation 4
The expansion of articulated programs between NBCC and UNBSJ must be a
priority.
Optimization of the medical program and related articulated programs
in medical science. This can help to build inter-professional learning
teams (i.e. nurses, lpn's, respiratory techs, lab techs, doctors, etc.)
which can be facilitated by the co-location of the health care programs.
Complementary programs have value and enhance the value of co-
location.
Of the 16 certificate and diploma programs currently offered by UNBSJ
- 6 of the programs are articulated.
- Ability for creativity and flexibility in curriculum design while at the
same time ensuring that curriculum meets national standards.
7
Better overall quality of student learning experience by proving greater
flexibility and program design opportunities.
Recommendation 4 (continued)
Enhance and promotes the transferability of credits between
institutions which is a goal of the PSE report which is a goal that we
support.
Recommendation 5
The significant benefits of co-location of UNBSJ and NBCC at Tucker Park must
be realized.
Co-location would bring together on one campus educational
programs that are key to the City's growth. These could be programs
in the area of health sciences, and business and information
technology. UNBSJ and NBCC have been working cooperatively on
articulated programs but co-location will facilitate the process, and
provide for the future development of Centers of Excellence.
Co-location provides the opportunity to share facilities (recreation,
athletics, residence, food services, student aid, classrooms, and
student information system) which will result in better utilization of
facilities and equipment.
Co-location provides the opportunity for the two organizations to look
for improved efficiencies in administrative areas. This can be a
definite competitive advantage in comparison to other educational
institutions and resulting in cost-savings by eliminating the duplication
of these services.
Co-location of the two institutions provides opportunities for students
to interact with each other and to understand what each institution has
to offer. This may motivate students to continue their education
beyond the level they originally anticipated or to pursue an avenue of
which they may not previously been aware or understood. Such
interaction could be a catalyst for future business collaboration.
Co-location will also facilitate the delivery of academic, technical, and
professional training between UNBSJ, NBCC, and the Atlantic Health
Sciences Corporation.
8
Recommendation 6
A structure must be put in place to ensure that the advantages of institutional
collaboration and of co-locating NBCC to the UNBSJ Campus are maximized.
This could take the form of a partnership between the two institutions,
responsible for targeted and collaborative programs and services.
It is recognized that co-location by itself will not result in the creation
of new programs in response to community needs. Co-Location by
itself will not result in the development of more articulated programs.
While it is recognized that there has been a lot of cooperation
between the two institutions, this has been the result of the insight and
initiatives of certain individuals. This is not enough.
- A structure must be put in place that ensures opportunities are
identified and appropriate and timely action is taken.
Recommendation #7
A committee representing the Greater Saint John Region should be established
to ensure the actions set out in this report have begun implementation by
September 2008. If satisfactory progress has not been made steps should be
taken for UNBSJ to become independent of UNB.
There is frustration in our community over how the UNBSJ Campus
has been treated, both in funding and decision making.
There is a strong sense that the current governance structure IS
restricting our development as a campus and it's potential.
There are some citizens in our community who feel they have seen
enough over the past 43 years and that we should be seeking
independence at this time.
- Your Task Force fully understands where the proponents for this
solution are coming from but we are prepared to give the University of
New Brunswick one year to demonstrate its willingness and ability to
provide UNBSJ with the funding and governance structure to enable it
to react to community needs and meet its full potential.
9
Recommendation #8
There should be a representative from UNBSJ on the recently announced
working group of University President's and Community College principals which
are being asked to review the future of Post Secondary Education in the
province.
Our citizens, students and business leaders have been deeply
concerned for the past month on the future of post secondary
education in our City. Our University should be directly involved in
any discussions concerning its future.
There exists a long standing feeling in our City that we are not always
adequately represented in Fredericton when decisions concerning our
campus are discussed.
Conclusion
Your Worship and Councillors, we are leaving you with eight recommendations.
As you have seen from our report we have given you reasons for following the
suggested courses of action.
There is a lot of work to be done to convince the decision makers in Fredericton
to do the right thing for the Greater Saint John area. We hope that the work we
have done will assist you in achieving this objective.
Respectfully Submitted
Mayor's Task Force - UNBSJ & NBCC
Daryl Wilson, Chair
Councillor Stephen Chase
Anne Marie McGrath
Annette Albert, NBCC
John Johnson, UNBSJ
Gary Lawson
Patrick Beamish UNBSL SRC
Gregory J. Yeomans
Administration Support - Valerie Judge
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Application for a Zoning By-law Amendment
Demaode de modification a l'arrete sur Ie zonage
Applicant Related Information / Renseignements sur Ie demaodeur
Name of Applicant I Nom du dernandeur .-1': JyI t'l + A,)/
Mailing Address of applican1/ Addresse postaJe du demandeur
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Postal Code I Code postal IE" z.};M ! X /
Telephone Number I Numero de telephone
333--7225
Home I Domicile
672--S~2~
Work I Travail
Fax Number / NUlllCro de relecopieur
Name of Property Owner (if different) / Nom du proprietaire (si difi'erent)
Address I Adresse
Postal Code I Code postal
Property InformatioD / ReDseigoemeDU sur la propriete
Location J Emplacement
170
Civic # / No de voirie
5t.u,,7 .) 61; A/
Street I Rue
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Pill I NIP
Lot Area / Superlicie du lot
Street Frontage / F~ sur rue
Existing Use of Property I Utilisation actuelle de 1a propriete
Municipal Plan land Use Designation
Designation de utilizalion des terres sur Ie plan municipal
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Amendmfot Requested I Modification demandee
Present Zoning I Zonage actuel
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o Change Zoning to I Modification du zonage Ii R. .y
and/or I ou
o Text Amendment (indicate particulars) I Modification due texte (indiquez les details)
Development Proposal/Proposition d'ameoagement
Description of Proposal / Description de la proposition
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You must provide a scaled site plan that illustrates
your proposal. You may a/so provide
photographs. but/ding plans, elevation drawings
and any olher form of information. 'flu! plan musl
show the dimensions of the property, the location
of all buildings. driveways. parking areas,
landscaping and signs. It is important that the
distance between the property boundary and
buildings are shown.
VOW' devezfournir un pian du site a /'echelle ii/ustrant votre
proposition. Vous pouvez egalementfoumir des
photographies, des plans de bdtiment, des dessins de plan
d'elevation et toute autre forme de renseignement. Le plan
doil indiquer ies dimensions de la proprieU, /'emplacement de
la totaJitt des bdtiments, des altees. des aires de
statiOltnement, des aminagements paysagers et des panneaux
de signalisation. II est important d'indiquer la distance entre
les bmites de La propritti et /es Mtiments.
Provide reasons why these amendments should be approved. IF oumir tout aUlJe reoseignemem concernant votre proposition
qui pounail etre approuvees.
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Provide any other information about your proposal that would be helpful / Fournir tout autre renseignement concernant votre
proposition qui pourrait etre utile.
Signature of Applicant I Signature du demandeur
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If you are not the owner of the land in question
please have the owner sign below. The signature of
the owner is authorizing this application to proceed
for consideration by Common Council.
Signature of Owner (if applicable)
Signature due proprietaire (s'il y a lieu)
Date:
Date
Si vous n'ites pas /e proprietain du terrain en question.
veui/lez obtenir La signature du proprietaire dans la partie
ci-dessous. La signature du proprietaire autorisant ie
traitement de la presente demande pour que cene demUre
soil examinee par Ie conseiJ communal.
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PROPOSED ZONING BY-LAW
AMENDMENT
RE: 170 ST, JOHN STREET
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, October 22, 2007
at 7:00 p.m., by:
Rezoning a parcel of land located at 170 St. John
Street, having an area of approximately 460 square
metres, also identified as PID No. 00365312, from
"R-2" One and Two Family Residential to "R-4"
Four Family Residential.
REASON FOR CHANGE:
To permit a four.family dwelling.
The proposed amendment may be inspected by any
irtterested 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.
PROJET DE MODIFICATION DE V ARRETE
SUR LE ZONAGE
OBJET: 170, RUE ST. JOHN
Par les presentes, un avis public est dorme par
lequel Ie conseil communal de The City of Saint
Jo1m indique son intention d'etudier la modification
suivante a l'arrete sur Ie zonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra dans la salle du conseille lundi 22 oetobre
2007 a 19 h :
Rezonage d'une parcelle de terrain d'une
superficie approximative de 460 metres cam~s,
situee au 170, rue St. John, et identifiee sous Ie
NID 00365312, de zone residentielle
habitations unifamiliales et bifamiliales <<R-2n a
zone residentielle - habitations de quatre
logements <<R-4n.
RAISON DE LA MODIFICATION:
Permettre un logement de quatre-famille.
route personne interessee peut examiner Ie projet
de modification au bureau du greffier communal au
au bureau de l'urbanisme et du developpement it
l'hOtel de ville au 15, Market Square, Saint John,
N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi,
sauf les jours feries.
Written objections to the amendment may be sent Veuillez faire parvenir vos objections au projet de
to the undersigned at City Hall. modification par eerit a l'attention du soussigne a
I 'hOtel de ville.
J. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, Greffier communal
658-2862
PROPOSED ZONING BY-LAW AMENDMENT
RE: 170 ST. JOHN STREET
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, October 22,2007 at 7:00 p.m., by:
Rezoning a parcel of land located at 170 St. John Street, having an area of approximately 460 square
metres, also identified as PID No. 00365312, from "R-2" One and Two Family Residential to "R-4~1
Four Family Residential.
REASON FOR CHANGE:
To pennit a four-family dwelling.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of PlaMing 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' ARREnt SUR LE ZONAGE
OBJET: 170, RUE ST, JOHN
Par les presentes, un avis public est donne par lequelle conseil communal de The City of Saint John
indique son intention d'etudier la modification suivante a l'arrete sur Ie zonage de The City of Saint
John, lors de la reunion ordinaire qui se tiendra dans la salle du conseille lundi 22 octobre 2007 a 19 h :
Rezonage d'une parcelle de terrain d'une superficie approximative de 460 metres carres, situee au 170,
rue St. Jo1m, et identifiee sous Ie NID 00365312, de zone residentielle - habitations unifamiliales et
bifamiliales ((R-2>> a zone residentielle - habitations de quatre logements <<R-4>>,
RAISON DE LA MODIFICATION:
Permettre un logement quatre-famille,
Toute persorme interessee peut examiner Ie projet de modification au bureau du greffier communal au au
bureau de I'urbanisme et du developpement a l'hOtel de ville au 15, Market Square, Saint John, N.-B.,
entre 8 h 30 et 16 h 30 du lundi au vendredi, saufles jaurs feries.
Veuillez faire parvenir vos objections au projet de modification par ecrit a l'attention du soussigne a
I'hOtel de ville.
J, Patrick Woods, Greffier communal
658~2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 11008014422010
Department: Common Clerk's Office (Account # 71206)
Contact: J, Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, September 25, 2007
Tuesday, October 16,2007
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice 0 Tender D Proposal
Ii] Public Notice
Sub-Headline (if applicable):
Text:
INSERT A TT ACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658~2862
BY-LAW NUMBER C.P. 110.
ALA W TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE NO C.P. 110-
ARRETE MODlFIANT L' ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Be it enacted by The City of Saint Lors d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows: decrete ce qui suit;
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decre1:e Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
re-zoning a parcel of land located at 170 St.
John Street, having an area of
approximately 460 square metres, also
identified as PID number 00365312, from
"R-2" One and Two Family Residential to
"R-4" Four Family Residential
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D, 2007
and signed by:
1 La modification de l'annexe <<A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
approximative de 460 metres carres, situee
au 170, rue St. John, et identifiee sous Ie
NID 00365312, de zone residentielle -
habitations unifamiliales et bifamiliales
<<R-2>> a zone residentielle - habitations de
quatre logements <<R-4>>
- toutes les modifications sont indiquees sur
Ie plan ci-joint et font partie du present
arrete.
EN FO! DE QUO!, The City of Saint Jo1m
a fait apposer son sceau communal sur Ie
present arrete Ie 2007,
avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
October 17,2007
Your Worship and Councillors:
SUBJECT: 170 St, John Street - Rezoning and Variances
On September 24, 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 October 16, 2007 meeting.
Mr. Timothy Harrigan appeared to speak on behalf of the application and noted
that he was in agreement with the staff recommendation, and that he required the
proposed four dwelling units in order to make the planned extensive renovations
and repairs to the building financially viable. He also noted that he plans to
construct a fence at the rear of the building surrounding the parking area.
Ms. Jane MacDonald, of 186 St. John Street, appeared to voice her concerns
regarding parking for the proposed four unit dwelling. She noted that tenants
from other buildings on St. John Street often park on the street in front of her
house and that she does not want tenants from 170 St. John Street to do the same.
She also noted that she would like to see a retaining wall and fence constructed at
the rear and sides of the subject site to screen the proposed parking area from
neighbours. No letters were received by the Committee.
After discussing the proposal and the requested variances for the five required
parking spaces, the Committee adopted the recommendation as set out that limited
the proposal to three units. The Committee also granted a variance to reduce the
minimum required separation between the parking area and the side and rear
property lines from 1.5 metres ( 5 feet) to zero on condition that a 1.8 metre (6
foot) tall board-on-board fence be constructed along the rear and sides of the
property not occupied by other buildings.
RECOMMENDATION:
1. That Common Council rezone a parcel of land with an area of
approximately 440 square metres, located at 170 St. John Street, also
identified as being PID Number 00365312, from "R-2" One and Two
Family Residential to "R-4" Four Family Residential;
Planning Advisory Committee
October 19,2007
Page 2
2. That, pursuant to Section 39 of the Community Planning Act, the proposed
rezoning be subject to the condition that the use of the property is limited
to three dwelling units, and further, that upon rezoning of the property, the
land and building or structure thereon must be developed and used in
conformity with the proposal and condition identified herein.
Respectfully submitted,
Stephen Horgan
Chairman
SKH
Attachments
Project No, 07-358
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
OCTOBER 12, 2007
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF OCTOBER 16, 2007
Sarah Herring, MCIP
Planner
Timothy Harrigan
Timothy Harrigan
170 St. John Street
00365312
Low Density Residential
Existing: "R-2" One and Two Family Residential
Proposed: "R-4" Four Family Residential
To convert an existing two-family dwelling to a four-family
dwelling.
Rezoning and Variances to:
a) reduce the minimum required separation between parking
areas and the side and rear lot lines from 1.5 metres (5.0
feet) to zero; and
b) reduce the minimum required manoeuvring aisle from 7.5
metres (24.6 feet) to approximately 4 metres (13.1 feet)
for those parking spaces located behind the dwelling.
Timothy Harrigan
170 St. John Street
Page 2
October 12, 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, October 22,2007.
The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the
requirements of the Zoning By-law. Conditions can be imposed by the Committee.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land with an area of approximately 440 square
metres, located at 170 St. John Street, also identified as being PID Number 00365312, from
"R-2" One and Two Family Residential to "R-4" Four Family Residential.
2. That the Planning Advisory Committee approve the requested variances at 356 St. John
Street to:
a) reduce the minimum required separation between parking areas and the side and
rear lot lines from 1.5 metres (5.0 feet) to zero; and
b) reduce the minimum required manoeuvring aisle from 7.5 metres (24.6 feet) to
approximately 4 metres (13.1 feet) for those parking spaces located behind the
dwelling.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed rezoning; however, ifthis
dwelling is converted to a four-family dwelling, a City approved water meter is required to be
installed.
Building and Technical Services will require detailed floor plans and exiting details.
Saint John Transit has no concerns with increased density in any area of the City, with or without
sufficient parking.
Fire Department has been advised of this application.
Timothy Harrigan
170 St. John Street
Page 3
October 12, 2007
ANALYSIS:
The subject site is located on St. John Street, between Watson Street and Ludlow Street, just north of
Queen Square West. The 440 square metre (4,736 square foot) property currently contains a two-
and-a-half storey wood frame dwelling with two dwelling units. The surrounding neighbourhood
contains a mixture of single-family and two-family dwellings, and there is a block of three-storey
apartment buildings with a total of80 dwelling units located directly across St. John Street from the
subject site. Assessment data also indicates that there are a number of three-unit and four-unit
dwellings in the surrounding area, although only two of these have been rezoned to "R-4" Four
Family Residential.
The applicant is proposing to convert the existing two-family dwelling to a four-family dwelling by
renovating the currently vacant upper storey of the dwelling and a vacant ground floor section at the
rear of the dwelling. As shown on the attached floor plans, the upper storey of the dwelling would
contain a two-bedroom dwelling unit and the ground floor portion at the rear of the dwelling would
contain a one-bedroom unit. The proposed conversion requires that the property be rezoned from
"R-2" One and Two Family Residential to "R-4" Four Family Residential to permit the additional
dwelling units.
As well, five on-site parking spaces are required for the four proposed dwelling units. While there is
space for parking in the rear yard, variances are required to reduce the minimum required separation
between the parking area and the side and rear property lines from 1.5 metres (5. 0 feet) to zero, and
to reduce the width of the manoeuvring aisle from 7.5 metres (24.6 feet) to approximately 4 metres
(13.1 feet) for the parking spaces located behind the building. The requested variances can be
supported; however, the applicant may wish to consider converting only the upper storey of the
dwelling to a two-bedroom unit and demolishing the rear portion of the dwelling as this would reduce
the amount of work needed to rehabilitate the building and eliminate the need for variances for the
parking area.
The proposed rezoning to permit a higher density of dwelling units on this property is not likely to
have a significant impact on the surrounding neighbourhood given the current mix of densities. As
well, the dwelling is of a sufficient size to accommodate four dwelling units. The current dilapidated
condition of the building does give rise to concerns; however, staff conducted a minimum property
standards inspection with a Building Inspector and the Inspector was of the opinion that all
deficiencies could be rectified. The applicant acquired this property in August 2007, and has
indicated that he intends to install a new roof, new siding and to completely renovate the interior of
the dwelling units to comply with all necessary Building and Fire Code standards.
CONCLUSION:
Given the mixed density of the surrounding area and the large size of the dwelling, along with the new
owner's intent to repair and upgrade the existing and proposed dwelling units to meet current
Timothy Harrigan
170 St. John Street
Page 4
October 12, 2007
standards, the requested rezoning can be supported. As well, the requested vanances to
accommodate the required five parking spaces can be supported.
SKH
Project No, 07-358
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
..
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Subject Site/site en question:
-
Location: 170 rue St. John Street
Date: October 3, 2007
Scale/echelle: Not to scale/Pas a I'echelle
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Application for a Zoning By-law Am'endment
Demande de modification a l'arrete sur Ie zonage
Applicant Related Informalion I Ren.eignemenls sur Ie demandeur ( 2J-. ~,i r tfi,.,",,<
NameofAPPlicant/Nomdudemandeurlbn?,.o/or> ~ I c'S"hlr 5ery?crS" he. P . ')/J~"'l( )
Mailing Address of applicant I Addresse postale du dcmandeur 2 -5 v6 ,./ (UlAY f ~ 5"S e;(
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/l/e u-- 31" vr1') t-<J/ (" I:. Postal Code I COOe postal C 4- E 2 R 9_
Telephone Number I Nwnero de telephone "') o( - &32 - 7 (; 7 .::;
Home I Domicile Work I Travail
FaxNumber/Nwnero detelecopieur "'506 - &32..- 39/5;
Name of Property Owner (if different) I Nom du proprietaire (si different)
A6jY!D~/) Reo.- (~I-o.h: SerVICe:; T,..,c.
Address I ~dresse Z "'5 r/o.! / COlA r f J,^ $" Sf=' X Postal Code I Code postal E- 4- E 2 R. Q
/ ,
Property Information / Renseignements sur la propriett~
Location I EmplaCement I 6 -4 /oc A IO/YJ6/1{J K6.-4 '
8
Civic # I No de voiric Pill /
UJt Area I Supcrficie du lot -1?prw3 90 { 1'Yl 1.. Street Frontage / Fa98dc sur rue &"3 rne-l,e 5" .
Existing Use of Property I Utilisation actuelle de la propricte;(~,I, LO/""'lo/JP! ;/e !coM ({j 4'S,P1 10 I.
I .
Municipal Plan land Use Designation
Designation de utilization des tcrres sur Ie plan municipal
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Amendment Requested I Modification demandee
Present Zoning I Zonage actucl
IT" Change Zoning to I Modification du zonage a {Ot1??fflJZ rc /0 I (S;lJf?C /0 ( prOY/5/6rl 5)
and/or I ou
o Text Amendment (indicate particulars) I Modification due texte (indiquezles details)
Development Proposal! Proposition dtam~nagement
DescriptiQO of Proposal I Description de la proposition
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You must provide a scaled site plan that illustrates
your proposal. You may also provide
photographs, building plans. elevation drawings
and any other form of information. The plan must
~how the dimensions of the property, the location
of all buildings, driveways, parking areas,
landscaping and signs. It is important that the
distance between the property boundary and
buildings are shown.
Vous deverJournlr IJTI plan du site a 1'echelJe illustrant vofre
proposition. Vous pouvez egalementfoumir des
photographies, des plans de bdUrnent. des dessins de plan
d'elevation et toule autrefi;rme de renseignement. Le plan
dail indiquer les dimensions de 10 propriete, I'emplacement de
la totaUte des batimen/s, des allees, des aires de
stationnement, des amenagements paysagers et des panneaux
de signalisation. II est Important d'lndiquer fa distance entre
les /imites de 10 propriete et les beiliments.
Provide reasons why these amendments should be approved. / Fournir tout autre rcnseignement concernant votte proposition
qui pourrait etre approuvCcs.
)i. ~prJ
e
Provide any other information about your proposal that would be helpful. I Foumir tout autre renseignement concernant volee
proposition qui pourrait etre utile.
~ rr'~t
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" Signature of Applicant I Signature du demandcur
Dale
o $400 Application Fee Enclosed J Ci-joint 1es frais de dcmande de 400 $
Ifypu are not the owner of the land in question
please have the owner sign below. The signature of
the owner is authorizing this application to proceed
lor consideration by Common Council.
Signature of Owner (if applicable)
Signature due proprietaire (S'it y a lieu)
Si vous n'ites pas Ie pro prieta ire du terrain en question,
veui /lez ohrenir la signature du proprit/aire dans 10 partie
ci-dessous. La signature du proprittaire mttorisant Ie
/railement de la presente demande pour que cette dem;ere
solt examinee par Ie co on/munal.
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Loch Lamond Veterinary Hospital
1964 Loch Lomond Rd" SaInt John, NB E 2J 2A3
(506) 696-2550
Hampton Veterinary Hospital
510 MaIn Street Hampton. NB E5N 6C 1
(S06) 832-7673
FAX: (506) 832-3913
Dairy town Veterinary Hospital
25 VOII Court, Sussex. NB E4E 2R9
(506) 433-3889
September 7,2007
City Of Saint John
Community Planning Department
Re: 1964 Loch Lomond Rd Rezoning
To Whom It May Concern:
Loch Lamond Veterinary Hospital has been an on~going business at 1964 Loch Lomond Road for
more than 15 years. The business was established with considerable capital input in existing but
deteriorating buildings, This was done with a variance approved by the city.
It now requires updates including:
I . a safer entrance
2. improved parking lot
3. improved siding, etc.
4. improved landscaping
5. other improvements to the buildings
6. house to be residential and/or professional offices
Please note that prior to our acquisition of this property it operated as a gravel truck repair and
maintenance shop although never approved for this operation. We sincerely believe the use and
appearance of the property has been enhanced since our acquisition.
Please note a property on the opposite side of the road and slightly east has been rezoned for a
phannacy.
Our lenders and business advisors recommend that prior to any further investment that rezoning is
essential.
I therefore request that you grant rezoning of the property to commercial with special provisions,
allowing us to upgrade our veterinary hospital and continue to serve the pets in the area.
I would make myself available for a meeting at your convenience.
Hugh J. Baird, DVM
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PROPOSED ZONING BY-LAW
AMENDMEN'f
RE: 1964 LOCH LOMOND ROAD
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The City of Saint John Zoning
By-law at its regular meeting to be held in the
Council Chamber on Monday, October 22, 2007
at 7:00 p.rn" by:
1 . Adding the following to the list of zones In
Section 30(1):
"special zones SZ-24"
2. Adding the following as Section 740(24):
"Special Zone #24 (SZ-24)
a) Uses
Any land, building or structure may bc
used for the purpose of, and for no other
purpo se than,
i) the following uses:
a veterinary clinic or hospital for
the treatment of animals;
all uses pennitted in Section
510(1 )(a), subject to any applicable
conditions contained in Section
510(2);
ii) the following uses subject to such
terms and conditions as may be
imposed by the Committee:
all uses pennitted in Section
510(1 )(b), subj eet to any
applicable conditions contained in
Section 510(2);
iii) subject to Section 830, an accessory
building, structure or use, incidental to
a use, building or structure permitted in
this zone.
b) Zone Standards
Standards for development in Special Zone
#24 shall be as set out in Section 510(3),
and Section 810 to 910 where this zone
shall be considered a "B" zone, a "B-1"
zone, or a business zone, as the case may
be."
PROJET DE MODIFICATION DE L' ARRETE
SUR LE ZONAGE
OBJET: 1964, CHEMIN LOCH LOMOND
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of Saint
John indique son intention d'etudier la modification
suivante a I'arrete sur Ie zonage de The City of
Saint John, lots de 1a reunion ordinaire qui se
tiendra dans la salle du conseille lundi 22 octobre
2007 f1. 19 It :
1, L'adjonction de l'6lement suivant it la liste de
zones du paragraphe 30(1) :
<( zones speciales SZ~24 >>
2. L'adjonction du paragraphe 740(24) qui se lit
comme suit:
<( Zone speciale nO 24 (8Z-24)
a) Usages
Tout terrain, bat1ment au structure ne peut
etre affecte :
i) qu'aux utiIisations suivantes :
une clinique veterinaire au un
hOpital pour animaux;
toutes les utilisations pennises en
vertu de l'alinea 510(1 )(a), sous
reserve des conditions stipu16es au
paragraphe 510(2);
ii) qu'aux utilisations suivantes, SallS
reserve des conditions imposees par Ie
camite:
toutes les utilisatians permises en
vertu de l' alim':a 51 O( 1 )(b), sous
reserve des conditions stipulees au
paragraphe 510(2);
iii) sous reserve de l'article 830, qu'a une
utilisation auxiIiaire au accessoire 1iee
it une utilisation, un baiiment au une
structure permis dans ceLte zone.
b) N onnes de zone
Les norrnes d'amenagement dans la zone
speciale nO 24 doivent etre conformes aux
dispositions du paragraphe 510(3) et des
articles 810 a 910, et la zone en question
doit etre consideree en tant que zone {< n I>,
zone (< B-1 >> ou zone commerciaIe, seIon
Ie cas. )>
3. Rezonlng a parcel of land with an area of 3, Modification du zonage d'une parcelle de
approximately 3796 square metres, located at
1964 Loch Lamond Road, also identitied as
being PID Nos, 00329003 and 55098826, from
"RS-2" One and Two Family Suburban
Residential to "8Z-24" Special Zone #24.
REASON FOR CHANGE:
To permit upgrading of the existing veterinary
hospital as well as the possible conversion of the
existing dwelling to professional offices.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or ill 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.
1. Patrick Woods, Common Clerk
658-2862
terrain d'une superficie d'environ 3796 metres
carn~s, situee au 1964, chemin Loch Lamond,
et portant les NID 00329003 et 55098826, de
zone residentielle de banlieue - habitations
unifamiliales et bifamiliales <<RS-2>> it zone
speciale nO 24 (( SZ-24 >>.
RAISON DE LA MODIFICATION:
Permettre l'amelioration de l'h6pital vete.rinaire
existant de meme qu 'une transformation possible
du batiment actue1 en bureaux professionne1s.
Taute personne interessee peut examiner Ie projet
de modification au bureau du greffier communal au
au bureau de 1 'urbanisme et deve10ppement a
l'h6tel de ville au 15, Market Square, it Saint John,
au Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du
lundi au vendredi, saufles jours feries,
Veuillez faire part de vas objections au projet de
modification par ecrit a l'attcntion du soussignc a
I 'hOtel de ville,
J. Patrick Woods, Greffier communal
658-2862
PROPOSED ZONING BY-LAW AMENDMENT
RE: 1964 LOCH LOMOND ROAD
Public Notice is hereby given that the Common Council of The City of Saint John intends to consider
amending The City of Saint Jo1m Zoning By-law at its regular meeting to be held in the Council Chamber
on Monday, October 22, 2007 at 7:00 p.m., by:
1, Adding the following to the list of zones in Section 30(1):
"special zones 8Z-24"
2. Adding the following as Section 740(24):
"Special Zone #24 (8Z-24)
a) Uses
Any land, building or structure may be used for the purpose of, and for no other purpose than,
i) the following uses:
a veterinary clinic or hospital for the treatment of animals;
all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in
Section 510(2);
ii) the following uses subject to such tenus and conditions as may be imposed by the
Committee:
all uses permitted in Section 510(1 )(b), subject to any applicable conditions contained in
Section 510(2);
iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or
structure permitted in this zone,
b) Zone Standards
Standards for development in Special Zone #24 shall be as set out in Section 510(3), and Section
810 to 910 where this zone shall be considered a "B" zone, a "B-1" zone, or a business zone, as
the case may be."
3. Rezoning a parcel of land with an area of approximately 3796 square metres, located at 1964 Loch
Lamond Road, also identified as being PlD Nos. 00329003 and 55098826, from "RS-2" One and
Two Family Suburban Residential to "SZ-24" Special Zone #24.
REASON FOR CHANGE:
To permit upgrading of the existing veterinary hospital as well as the possible conversion of the existing
dwelling to professional offices.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office ofPlatming and Development, City I-IaIl, 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'ARRETlt SVRLE ZONAGE
OBJET: 1964, CHEMIN LOCH LOMOND
Par les presentes, un avis public est donne par lequel Ie conseil communal de The City of Saint John
indique son intention d'etudier la modification suivante a l'arrete sur Ie zonage de The City of Saint
Jo1m, lors de la reunion ordinaire qui se tiendra dans la salle du conseille lundi 22 octobre 2007 a 19 h :
1. L'adjonction de l'ele:ment suivant it la liste de zones du paragraphe 30(1) :
<< zones speciales 5Z-24 >>
2. L'adjonction du paragraphe 740(24) qui se lit comme suit:
<< Zone speciale nO 24 (82-24)
a) Usages
Tout terrain, batiment au structure ne peut etre affecte :
i) qu'aux utilisations suivantes ;
une clinique vct6rinaire au un h6pital pour animaux;
toutes les utilisations permises en vertu de l'alinea 510(1)(a), sous reserve des conditions
stipulees au paragraphe 510(2);
Ii) qu'aux utilisations suivantes, sous reserve des conditions imposees par Ie comite :
toutes les utilisations permises en vertu de l'alinea 510(l)(b), sous reserve des conditions
stipulees au paragraphe 510(2);
iii) sous reserve de l'article 830, qu'a une utilisation auxiliaire au accessoire liee it une
utilisation, un batiment ou une structure pennis dans cette zone.
b) Nonnes de zone
Les normes d'amenagement dans la zone speciale nO 24 doivent etre conformes aux dispositions
du paragraphe 510(3) et des articles 810 it 910, et la zone en question doit etre consideree en tant
que zone << B >>, zone <<B-1 >> au zone commerciale, selon Ie cas. >>
3. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 3796 metres cam~s,
situee au 1964, chemin Loch Lamond, et portant les NlD 00329003 et 55098826, de zone
residentielle de banlieue - habitations unifamiliales et bifamiliales <<RS-2>> a zone speciale nO 24
<< SZ-24 >>.
RAISON DE LA MODIFICATION:
Permettre ['amelioration de l'hOpital veterinaire existant de meme qu'une transformation possible du
batiment actuel en bureaux professionnels.
Toute personne interessee peut examiner Ie projet de modification au bureau du greffier communal au au
bureau de l'urbanisme et developpement it l'bate! de ville 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 falre part de vos objections au projet de modification par ecrit it l'attention du soussigne a !'h6tel
de ville.
J, Patrick Woods, Greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 110 0801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
~, I Fax:
Phone: (506) 658~2862 (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, September 25,2007
Tuesday, October 16,2007
.. SJT J Independent Placement
.. SJ1'J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice D Tender 0 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:
ARRETE NO c.P. 110-
ARRETE MODIFIANT L' ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lars d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit:
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint 101m, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
1. Adding the following to the list of 1.
zones in Section 30(1):
"special zones SZ-24"
2. Adding the following as Section 2.
740(24):
"Special Zone #24 (SZ#24)
a) Uses
Any land, building or structure
may be used for the purpose of,
and for no other purpose than,
i) the following uses:
a veterinary clinic or
hospital for the treatment
of animals;
all uses permitted in
Section 510(1)(a), subject
to any applicable
conditions contained in
Section 510(2);
ii) the following uses subject to
such tenus and conditions as
may be imposed by the
Committee:
all uses permitted in
Section 510(1)(b), subject
to any applicable
conditions contained in
Section 510(2);
Hi) subject to Section 830, an
accessory building, structure or
use, incidental to a lise,
building or structure permitted
in this zone.
b) Zone Standards
Standards for development m
Special Zone #24 shall be as set
out in Section 510(3), and Section
810 Lo 910 where this zone shall be
considered a "B" zone, a "B-1"
zone, or a business zone, as the
..................... ---......... r 1-......... "
L'adjonction de ['element suivant a la
liste de zones du paragraphe 30(1) :
<< zones speciales SZ-24 >>
L'adjonction du paragraphe 740(24)
qui se lit comme suit:
<( Zone speciale nO 24 (SZ#24)
a) Usages
Tout terrain, batiment au structure
ne peut etre affecte :
i) qu'aux utilisations suivantes :
une clinique veterinaire ou
un h6pital pour animaux ;
toutes les utilisations
permises en vertu de
I 'alinea 510(1 )(a), sous
reserve des conditions
stipulees au paragraphe
510(2);
ii) qu' aux utilisations suivantes,
SOliS reserve des conditions
imposees par le comite :
tautes les utilisations
pennises en vertu de
l'alinea 510(1 )(b), sous
reserve des conditions
stipulees au paragraphe
510(2);
iii) sous reserve de l'article 830,
qu' a une utilisation auxiliaire
au accessoire tiee a une
utilisation, un biitiment ou une
structme permis dans cette
zone,
b) N ormes de zone
Les normes d' amenagement dans
la zone speciale nO 24 doivent etre
conformes aux dispositions du
paragraphe 510(3) et des articles
810 it 910, et la zone en question
doit etre consideree en tant que
'7.-.."'-"&.11 FI n \.\ "l'......n.o. ~~ n 1 \... All; "7..........,.:::1-
One and Two Family Suburban
Residential to "SZ-24" Special Zone
#24
- all as shown on the plan attached hereto
and forming part oftrus 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:
residentielle de banlieue - habitations
unifamiliales et bifamiliales (<RS-2>> it
zone speciale nO 24 (< S2-24 >>
- toutes les modifications sont indiquees sur
Ie plan ci-joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fail apposer son sceau communal sur Ie
present arrete Ie 2007,
avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
October 17,2007
Your Worship and Councillors:
SUBJECT: Proposed Zoning By-law Amendment
1964 Loch Lomond Road
On September 24, 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 October 16, 2007 meeting.
Dr. Hugh Baird attended the meeting on behalf of the applicant and expressed
agreement with the staff recommendation. He described the improvements that
they plan to make to the site and buildings, including the proposed conversion of
the ground floor of the existing house to a professional office and the creation of a
new driveway. Dr. Baird explained that the large parking areas shown on the
submitted site plan are only to illustrate that there is ample room for parking on
the site but that he has no intention or need to develop that much parking for the
proposed professional office.
Mr. Michael Boyle, 1943 Loch Lomond Road, addressed the meeting in
opposition to the proposed rezoning. He raised concerns about the amount of
traffic and history of accidents on this section of Loch Lomond Road, as well as
the possibility that other uses such as a taxi stand might be established on the
subject site. He indicated that he was concerned about this and other potential
uses, given the amount of parking being shown on the applicant's site plan. The
Committee also received two letters and a petition in opposition to the proposal
(copies attached.)
After considering the matter, the Committee adopted the staff recommendation
that the proposed rezoning be approved with the recommended Section 39
conditions that would, among other things, limit the non-residential use of the
property to the existing veterinary establishment and office uses. The Committee
further recommends that the Section 39 conditions limit the permitted uses to the
existing buildings on the site (i.e. no new buildings) and that the number of
parking spaces be limited to a maximum of 15.
RECOMMENDATION:
A. That Common Council amend the Zoning By-law by:
Planning Advisory Committee
October 17,2007
Page 2
1. Adding the following to the list of zones in Section 3 O( 1):
"special zones SZ-24"
2. Adding the following as Section 740(24):
"Special Zone #24 (SZ-24)
a) Uses
Any land, building or structure may be used for the purpose of, and for
no other purpose than,
i) the following uses:
a veterinary clinic or hospital for the treatment of animals;
all uses permitted in Section 510(1)(a), subject to any
applicable conditions contained in Section 510(2);
ii) the following uses subject to such terms and conditions as may be
imposed by the Committee:
all uses permitted in Section 51 O( 1 )(b), subj ect to any
applicable conditions contained in Section 510(2);
iii) subject to Section 830, an accessory building, structure or use,
incidental to a use, building or structure permitted in this zone.
b) Zone Standards
Standards for development in Special Zone #24 shall be as set out in
Section 510(3), and Section 810 to 910 where this zone shall be
considered a "B" zone, a "B-1" zone, or a business zone, as the case
may be."
3. Rezoning a parcel of land with an area of approximately 3796 square
metres, located at 1964 Loch Lomond Road, also identified as being PID
Nos. 00329003 and 55098826, from "RS-2" One and Two Family
Suburban Residential to "SZ-24" Special Zone #24.
B. That, pursuant to the provisions of Section 39 of the Community Planning Act,
the development and use of a parcel of land with an area of approximately
3796 square metres, located at 1964 Loch Lomond Road, also identified as
being PID Nos. 00329003 and 55098826, for non-residential purposes be
subject to the following conditions:
1. The non-residential use of the property is restricted to a veterinary clinic
or hospital for the treatment of animals and/or office uses in the existing
buildings on the site.
2. No boarding or kennelling shall be provided except for animals required to
stay overnight because of surgery.
3. The area where animals will be kept overnight shall be soundproofed in
accordance with plans approved by the Building Inspector.
4. Deceased animals, parts removed during surgery, and manure shall be
disposed of off-site.
Planning Advisory Committee
October 17,2007
Page 3
5. Any new development on the site such as parking areas, driveways or
other site features must be developed in accordance with a detailed site
plan, prepared by the proponent and subject to the approval of the
Development Officer.
6. The number of parking spaces on the subject site is limited to a maximum
of 15.
Respectfully submitted,
Stephen Horgan
Chairman
RGP/r
Attachments
Project No, 07-354
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
OCTOBER 12, 2007
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF OCTOBER 16, 2007
Randall G. Pollock, MCIP
Planner
Hampton Real Estate Services Inc.
Hampton Real Estate Services Inc.
1964 Loch Lomond Road
329003 and 55098826
Low Density Residential
Existing:
"RS-2" One and Two Family Suburban
Residential
"SZ-24" Special Zone #24
Proposed:
To permit the establishment of professional offices in
addition to the continuing operation of the existing
veterinary hospital
1.
Zoning By-law Amendment
2. Conditional Use (business office)
Hampton Real Estate Services Inc.
1964 Loch Lomond Road
Page 2
October 12, 2007
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed amendments to the Zoning By-law. Common Council will
consider the Committee's recommendation at a public hearing on Monday, October 22,2007.
The proposed "SZ-24" Special Zone #24, similar to the "B-1" Local Business zone, authorizes
the Committee to impose terms and conditions upon the establishment and operation of a business
office.
STAFF RECOMMENDATION TO COMMITTEE:
A. That Common Council amend the Zoning By-law by:
1. Adding the following to the list of zones in Section 3 O( 1):
"special zones SZ-24"
2. Adding the following as Section 740(24):
"Special Zone #24 (SZ-24)
a) Uses
Any land, building or structure may be used for the purpose of, and for no other
purpose than,
i) the following uses:
a veterinary clinic or hospital for the treatment of animals;
all uses permitted in Section 510(1)(a), subject to any applicable
conditions contained in Section 510(2);
ii) the following uses subject to such terms and conditions as may be imposed by the
Committee:
all uses permitted in Section 510(1 )(b), subject to any applicable conditions
contained in Section 510(2);
iii) subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this zone.
b) Zone Standards
Standards for development in Special Zone #24 shall be as set out in Section 510(3),
and Section 810 to 910 where this zone shall be considered a "B" zone, a "B-1" zone,
or a business zone, as the case may be."
3. Rezoning a parcel of land with an area of approximately 3796 square metres, located at
1964 Loch Lomond Road, also identified as being PID Nos. 00329003 and 55098826,
from "RS-2" One and Two Family Suburban Residential to "SZ-24" Special Zone
#24.
Hampton Real Estate Services Inc.
1964 Loch Lomond Road
Page 3
October 12, 2007
B. That, pursuant to the provisions of Section 39 of the Community Planning Act, the
development and use of a parcel of land with an area of approximately 3796 square metres,
located at 1964 Loch Lomond Road, also identified as being PID Nos. 00329003 and
55098826, for non-residential purposes be subject to the following conditions:
1. The non-residential use of the property is restricted to a veterinary clinic or hospital for
the treatment of animals and/or office uses.
2. No boarding or kennelling shall be provided except for animals required to stay overnight
because of surgery.
3. The area where animals will be kept overnight shall be soundproofed in accordance with
plans approved by the Building Inspector.
4. Deceased animals, parts removed during surgery, and manure shall be disposed of off-site.
5. Any new development on the site, including new or expanded buildings, parking areas,
driveways or other site features must be developed in accordance with a detailed site plan,
prepared by the proponent and subject to the approval of the Development Officer.
C. That the Planning Advisory Committee impose no additional terms and conditions upon the
establishment and operation of a business office at 1964 Loch Lomond Road.
BACKGROUND:
On February 23, 1993 the Planning Advisory Committee approved the establishment of a
veterinary clinic in an existing barn on the subject site as a similar or compatible use to a doctor
or dentist office, which is conditionally permitted under the existing "RS-2" One and Two Family
Suburban Residential zoning of the site. The Committee's 1993 approval was subject to the
following conditions:
a) that no retail type outlet to sell pet care products except veterinary drugs be established;
b) that the subject building be developed with one office in accordance with plans to be
approved by the Development Officer;
c) that no boarding or kennelling be provided except for animals required to stay overnight
because of surgery;
d) that the area where animals will be kept overnight be soundproofed in accordance with
plans to be approved by the Building Inspector;
e) that deceased animals, parts removed during surgery and manure be disposed of off-site;
Hampton Real Estate Services Inc.
1964 Loch Lomond Road
Page 4
October 12, 2007
f) that a parking area for at least seven vehicles and provisions for turning be developed as
illustrated on a site plan to be approved by the Development Officer;
g) that the parking area be completed by May 31, 1993.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection.
Building and Technical Services advises that it has no Building Code concerns with the
proposal at this time.
Saint John Transit advises that it offers service on Loch Lomond Road and has no concern with
this proposal.
Saint John Energy has no objection.
Aliant Telecom has no objection.
Maritimes & Northeast Pipeline has no objection.
Enbridge Gas N,B. has been advised of the proposal.
Fire Department has no objection. Depending on the nature of public assembly proposed the
applicant is advised to consult the Technical Inspection Division of the Department of Public
Safety.
N,B. Department of Public Health and Wellness has been advised of the application.
School Board has been advised of the application.
ANALYSIS:
Site and Nei2hbourhood
The subject site is located on the south side of Loch Lomond Road in the Lakewood area of East
Saint John. Loch Lomond Road in this area is designated by the Municipal Plan as a major
collector street, providing access from the eastern portions of Saint John to the more central areas
of the city. The area around the site consists mainly of un serviced residential uses developed in a
linear fashion along the main road on large suburban-style lots. Two churches are located to the
east on the same side of Loch Lomond Road. Land at the rear of the site and adjacent to the east
is undeveloped City-owned land. Graham's Brook is located between the City-owned land and the
Hampton Real Estate Services Inc.
1964 Loch Lomond Road
Page 5
October 12, 2007
churches. Further east, approximately 300 metres (1,000 feet) and on the opposite side of the
road from the site, is the designated Neighbourhood Centre, consisting of the building containing
the Guardian drug store.
The adjacent property to the west of the site contains a one-family dwelling. There are also one-
family dwellings on the north side of Loch Lomond Road, directly across the street from the site.
The site itself has a width of approximately 80 metres (260 feet) and a depth of approximately 47
metres (155 feet), resulting in a total lot area of just under 4000 square metres (1 acre). It
contains an older two-storey dwelling, a large barn type building and a garage. The large barn
building was converted to a veterinary clinic by the applicant in 1993, as noted in the Background.
The existing buildings are all located close to the east side and rear lot lines of the property and
the site is accessed by a single driveway from Loch Lomond Road. There is a small freestanding
sign in front yard of the house identifying the veterinary clinic. The balance of the site, including
the entire western half, is undeveloped and much of this area is also quite low compared to the
surrounding area.
Proposal
The owner of the property wishes to make improvements to the site, including the installation of
an additional driveway, parking and landscaping improvements and improvements to the interior
and exterior of the buildings. Prior to making a large investment in the site, he wishes to have the
property rezoned. While the existing zoning permits the current use as a veterinary clinic and
would not prevent the applicant from making site and building improvements, the applicant also
indicates that it wishes to be able to convert the house to professional offices. This aspect of the
proposal does require rezoning.
As a result, the applicant has requested that the property be rezoned to "commercial with special
provisions". The proposed special zone (to be known as "SZ-24" Special Zone #24) would have
the same permitted uses and standards as the "B-1" Local Business zone, but also includes a
veterinary clinic or hospital for the treatment of animals as an additional permitted use.
The applicant has provided the attached site plan illustrating the proposal. It should be noted that
the various areas labelled "Proposed Future Parking" are for illustration only to show that there is
ample room on the site for parking clear of the septic tank and tile field. These areas will not
necessarily be developed with parking, according to the applicant.
Proposed Rezonin2
The subject site and surrounding area is designated Low Density Residential by the Municipal
Plan. As noted above, the site also lies approximately 300 metres (1, 000 feet) west of the
Guardian drug store property, which is designated as a Neighbourhood Centre by the Plan. The
policies of the Plan for Low Density Residential areas encourage the development of a wide
Hampton Real Estate Services Inc.
1964 Loch Lomond Road
Page 6
October 12, 2007
variety of residential uses, as well as a restricted amount of compatible non-residential activities.
With regard to the latter, the Plan's policies permit a limited amount of commercial development
in the Low Density Residential designation, provided that it serves the surrounding
neighbourhood and/or is relatively small in size (i.e. less than approximately 1,000 square metres
or 10,000 square feet). In addition, the Plan's policies indicate that the nature of the use and
characteristics of the site be considered, that such uses should be located on a collector or arterial
street, and that measures can be taken to ensure compatibility with neighbouring residential
properties. Such measures could include increased setbacks and landscaped buffers where deemed
necessary.
In this instance, the size of the development (including the floor area of all existing buildings) is
only approximately 450 square metres (4,800 square feet). The veterinary clinic (and possibly the
proposed office use(s)) do not provide a service solely to the immediate neighbourhood, but is of
a size that is well within the Plan's guidelines. In addition the proposed "SZ-24" zone, like the "B-
1" Local Business zone upon which it is modelled, restricts any individual building that may be
developed to a maximum ground floor area of280 square metres (3,000 square feet). The site is
also located on a major collector street.
While it would be preferable for commercial uses to be located within or directly adjacent to the
existing designated commercial nodes (such as the nearby Neighbourhood Centre) the already-
existing and permitted non-residential use of the subject site can be taken into consideration in this
case. This use has apparently caused little or no problems in the neighbourhood. The applicant's
proposal to add office uses to the property will probably not result in any significant additional
impact on the surrounding area. Therefore, the requested rezoning can be supported.
Section 39 Conditions
As noted above, the proposed "SZ-24" zone is the same as the "B-1" Local Business zone, with
the additional permitted use of a veterinary clinic or hospital for the treatment of animals. In
addition to office uses, the "B-1" Local Business (and "SZ-24") zone permits a limited range of
neighbourhood-type commercial uses, some of which may not be appropriate for the site without
evaluation of a detailed proposal. For example, a restaurant is one of the permitted uses and this
might not be appropriate at this location given that the property is serviced with a well and septic
tank. It is recommended that, at this time, the non-residential use of the property be limited to the
applicant's proposal (i.e. veterinary hospital and offices). Any additional uses would then be
subject to review and approval by Council of a specific proposal prior to being introduced on the
site.
With some modifications, the conditions attached to the original approval of the site for a
veterinary clinic should also be retained and, therefore, are included in the proposed Section 39
resolution. These include important requirements with respect to limitations on retail sales,
boarding and kennelling, soundproofing and off-site disposal of dead animals, animal parts and
manure.
Hampton Real Estate Services Inc.
1964 Loch Lomond Road
Page 7
October 12, 2007
Conditional Use
The Committee may impose its own terms and conditions on the establishment and operation of a
business office in the "B-1" Local Business (and proposed "SZ-24") zone. Since the present
application also includes rezoning of the property, any necessary conditions can be attached by
Common Council pursuant to Section 39 of the Community Planning Act, which would be tied
directly to the rezoning and registered on title. Therefore, imposition of any additional conditions
by the Committee would not be necessary.
CONCLUSION:
The existing veterinary establishment, approved by the Committee in 1993, appears to be a well-
established and generally compatible component of the neighbourhood. It is located on a major
collector street and is of a size that is considered appropriate for non-residential uses in the Low
Density Residential areas. The requested amendment will recognize the existing use and, further,
will allow the introduction of office uses which should not significantly change the impact on
surrounding properties. It is recommended that the proposed Zoning By-law amendment be
approved, subject to the conditions indicated.
RGP/r
Project No, 07-354
.
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
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PIO(s)/NIP(s):
00329003
55098826
Location: 1964, chemin Loch Lomond Road
Date: September 17 septembre 2007
Scale/echelle: Not to scale/Pas a I'echelle
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To the Planning Advisory Board:
I(;St DEl'~".,
~~ RECEIVfD O~
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;:: OCT 15 l1;~i ~ober 9, 2007
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I am writing in regards to the proposed rezoning of the property at 1964 Loch
Lomond Rd from a One & Two Family Suburban Residential Zone to a Commercial
Zone with special Provisions.
We built our family home across the street from this said location 20 years
ago. We have enjoyed a rather peaceful life here with a few exceptions such as
when one of Dr. Baird's tenants had numerous parties that lasted into the wee
hours of the morning -thus resulting in the police being called. This happened on
several occasions.
Although we are not opposed to the Veterinary Clinic operation, there
have been several accidents that have occurred during the operation of the clinic.
Customers have attempted to turn into the driveway and a vehicle was coming
over the bridge and didn't have enough time to react thus rear ending the cars
and sending them into the trees or fences or oncoming vehicles.
When Dr. Baird first purchased this property about 14 years ago the
pasture was totally surrounded. With numerous accidents on the Loch Lomond Rd
the cars have knocked over the road side fence on a few occasions and the fence
near the driveway was knocked over by the customers. After being knocked down
for 4 or 5 years they finally decided to remove the fence only on these 2 sides.
This happened about 2 years ago.
Since Dr. Baird purchased the property he has done little if anything to the
exterior of the house. The porch is leaning. The front door has been exposed for
the past few years as the screen door fell off. The railroad ties that are holding up
the property around the garage are rotting away. The backside of the garage is in
bad need of paint.
It seems ironic that the home owners, who live near this property and keep
their properties looking good thus maintaining or increasing their property value,
will ultimately lose value if this is zoned Commercial. The proposed parking is a
mystery. I wonder why 30 spots will be required! You may wish to check with the
Police Traffic Department about the accidents. If this proposal is accepted as
stands there will definitely be an increase in traffic flowing in and out with the
potential for more accidents.
I hope you take into consideration the number of residence who is opposed
to this rezoning.
Thank You for your time and consideration.
Michael & Elizabeth Boyle
1943 Loch Lamond Rd
,\ . ;!G;'C~I~~~~ j
(~ ~.
:~ aCT J5 2007 ~l
We the under signed object to the proposed onn19 by- !
law amendment at 1964 Loch Lomond Road from a ,
to a Commercia 8A@~
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special Provisions, We all purchased our homes in this quiet
residential area and would strongly recommend it to remain
this way, We don't feel it is fair that the city is asked to
rezone this said property at 1964 Loch Lomond Rd, We
strongly ask that you this proposal to be
granted,
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PIC:
BY -LAW NUMBER M-23
A BY-LAW TO AMEND
A BY -LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
NIC:
ARRETE NO M-23
ARRETE MODIFIANT
L' ARRETE SUR L'INTERRUPTION
DE LA CmCULATION ET LA
FERMETURE DES ROUTES DANS
THE CITY OF SAINT JOHN
Be it enacted by the Common Lors d'une reunion du conseil
Council of The City of Saint John as communal, The City of Saint John a
follows: decrete ce qui suit:
1 A by-law of The City of Saint John
entitled, "A By-law Respecting The
Stopping Up and Closing of Highways In
The City of Saint John", enacted on the
nineteenth day of December, A.D. 2005, is
hereby amended by adding thereto Section
194 inunediately after Section 193 thereof,
as follows;
1 Par les presentes, I' arrete de The
City of Saint John intitule, (( L'arrete sur
l'interruption de la circulation et la
fermeture des routes dans The City of Saint
John )), decrete Ie 19 decembre 2005, est
modifie par l'ajout de 1 'article 194
immooiatement apres I' article 193, conune
suit:
194 The City of Saint John does hereby 194 Par les presentes, The City of Saint
stop up and close permanently the John barre et ferrne de fayon permanente la
following portion of highway: portion d'une route suivante :
MILL STREET: All that portion of Mill
Street, a public street in The City of Saint
John in the County of Saint John and
Province of New Brunswick, comprising
757 square metres and more particularly
shown on a Plan of Survey, dated
September 12, 2007 attached hereto,
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the ** day of **, A.D, 2007
and signed by:
RUE MILL: Toute la partie de la rue
Mill, etant une rue publique situee dans la
ville de Saint John, dans Ie comte de Saint
John et dans la province du Nouveau-
Brunswick, d'une superficie de 757 metres
carres, plus particulierement delimitee sur
Ie plan d'arpentage ci-joint date du 12
septembre 2007,
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur Ie
present arn:te Ie *** 2007, avec les
signatures suivantes
MayorlMaire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture -
Troisieme lecture -
STREET CLOSING
MILL STREET
Public Notice is hereby given that the Common
COWlcil of The City of Saint John intends to
consider amending "A By-law Respecting The
Stopping Up and Closing of Highways In The City
of Saint John" at its regular meeting to be held on
Monday, October 22, 2007 at 7:00 p.rn, to stop
up and close the following portions of highway:
Mill Street: All that portion of Mill Street, a public
street in The City of Saint John in the COWlty of
Saint John and Province of New Brunswick,
comprising 757 square metres and more
particularly shown on a Plan of Survey, dated
September 12, 2007 attached hereto.
(INSERT PLAN)
The proposed amendment and plan of the above
described portion of highway may be inspected by
any interested person at the office of the Common
Clerk, City Hall, 15 Market Square, Saint John,
N.B. between the hours of 8:30 a.m. and 4:30 p,m.
Monday to Friday inclusive, holidays excepted.
FERMETURE DE RUE
RUE MILL
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of Saint
John indique son intention de modifier 1'<< arrete
concernant la fermeture de routes dans The City of
Saint John I), tors de ]a reunion ordinaire qui se
tiendra ]e lundi 22 octobre 2007 a. 19 h afin de
barrer et de fermer ]es tron90ns de route suivants :
Rue Mill: Toute ]a partie de ]a rue Mill, etant une
rue publique situee dans la ville de Saint Jo1m, dans
Ie comte de Saint John et dans la province du
Nouveau-Brunswick, d'une superficie de
757 metres eames, plus particulierement delimitee
sur Ie plan d'arpentage ci-joint date du 12
septembre 2007,
(INSERER LE PLAN)
Toute personne interessee peut examiner Ie projet
de modification et Ie plan des tron90ns de route
decrits ci-dessus au bureau du greffier communal a
l'hotel de ville au 15, Market Square, Saint John,
N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi,
saufles jours feries.
Written objections to the proposed amendment may Veuillez faire part de vas objections au projet de
be sent to the undersigned at City Ha]L modification par ecrit a l'attention du soussignea
l'hOtel de ville.
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REPORT TO COMMON COUNCIL
October 11, 2007,
His Worship Mayor Norm McFarlane
And Members of Common Council
City of Saint John
Your Worship and Members of Council
SUBJECT: Plebiscite - Poll Declaration
Attached is the official Poll Declaration showing 7570 votes in favor of the proposed
ward system of election and 3110 votes against the proposal. The vote in favour of the
proposal represents 70.85 percent of the votes.
Section 68(5) of the Municipalities Act provides;
"When sixty percent of those who vote in a plebiscite under this
section do so in the affirmative, the council shall forthwith
implement the proposal."
Council is therefore obligated to proceed with adoption of the ward system as proposed in
the plebiscite. A draft bylaw has been submitted to Council in a separate report in order
to begin the process.
Respectfully submitted,
~?~o9~
Common Clerk
Form 3 - SJ Plebiscite
Formule 3 - Plebiscite de SJ
PLEBISCITE
DECLARA TION AFTER THE
POLL HAS BEEN TAKEN
PLEBISCITE
DECLARA TION
A LA SUITE DU SCRUTIN
(MunicipaJ Elee-lions Acl SNB ] 979, c, 1IA-21.01. s. 4 ](2)
(Loi sur les eleclions municipales LN.B I Cl7C1, c, M-21.0 L art, 4 ](2)
Municipality of
Municipalite de
The City of Saint John
I hereby certify that I have determined the total number Je certifie par les presentes que j' ai etabli Ie nombre total
of votes cast in respect of the plebiscite held on de suffrages exprimes en regard du plebiscite tenu Ie
October 9t 2007
Month / Day / Year
9 octobre 2007
Jour / mois / annee
Plebiscite question:
Question soumise au plebiscite:
"Do you want the City to be divided into four wards of
approximately equal population with two councillors to
be elected by the voters in that ward, and two councillors
to be elected at large?"
(( Oesirez-vous que la ville soit divisee en quatre quartiers
electoraux comptant a peu pres Ie meme nomhre
d'habitants et que deux conseillers soient elus par les
electeurs de chaque quartier et que deux conseillers soient
elus par I 'ensemble des 6Iecteurs de la ville ? )}
and I declare the result of the plebiscite to be:
Je declare que Ie resultat du plebiscite est Ie suivant: ,$7D Yes I Qui
and
et
31'0 No/Non
J. Patrick Woods
Common Clerk I Greffier
Municipal Returning Officer / Directeur du scrutin municipal
Dated this
Fait Ie
o ~1" \olQi
ELECTIONS MUNADMIN03-LSD-DSL B (0912007)
REPORT TO COMMON COUNCIL
\ \).\ (1 )
October 11,2007,
City of Saint John
His Worship Mayor Norm McFarlam::
And Members of Common Council
Your Worship and Members of Council
SUBJECT: Ward System of Election
Attached for Council's consideration is the proposed bylaw required to implement the
ward system of election.
The text of the bylaw is consistent with the plebiscite question ie 4 wards, 2 Councillors
elected from each ward and two Councillors elected at large.
While Council is required by legislation to implement the ward system, the actual ward
boundaries are a matter for Council to determine consistent with the terms of the
plebiscite question (4 wards of roughly equal population).
Development of the proposed ward boundaries took the following factors into
consideration;
Communities of Interest
Historical Factors
Commonality
Plebiscite question - four
Plebiscite question - population distribution
Natural boundaries - Saint John River, Marsh
Creek, Little River
Northern, Southern, Eastern, Western areas
Recognized political boundaries - City Line
Harbour, Commercial areas
Number of Wards
Size of Wards
Geography
Any adjustments to the ward boundaries must be finalized prior to the third reading of the
Bylaw on November 5th.
Recommendation
That Common Council proceed with the first and second readings of the bylaw by title.
Respeclfu.lI~ .~
\\)1
,/ ~trick Woods
Common Clerk
\lc)
\0 \
BY-LAW NUMBER M-31
A BY-LAW RELATING TO THE
COMPOSITION AND THE ELECTION OF
THE COMMON COUNCIL
Be it enacted by the Common Council of the City
of Saint John under the authority vested in it by the
Municipalities Act, R.S.N.B. 1973, c. M-22 and the
Municipal Elections Act, R.S.N.B. 1973, c. M-
21.01, as follows:
ARRETE ND M-31
ARRETE CONCERNANT LA
COMPOSITION DU
CONSEIL COMMUNAL ET L'ELECTION DE
SES MEMBRES
En vertu du pouvoir que lui conrere la Loi sur les
municipalites, L. R. N-B. ( 1973), ch. M-22 et la
Loi sur les elections municipales, L.R.N-B., ch. M-
21.01, Ie conseil communal de The City of
Saint John decrete :
1 The Council of the City of Saint John shall 1 Le conseil de The City of Saint John est
consist of a Mayor and ten Councillors. forme d'un maire et de dix conseillers.
2 The City of Saint John shall be divided into 2 La ville de Saint John sera divisee en quatre
four wards set out in Schedule "A" to this By-Law. quartiers conformement a l'annexe A du present
arrete.
3 (1) There shall be elected at each quadrennial
municipal election held in the City of Saint John a
Mayor, two councillors for each of the four wards
and two councillors at Large.
(2) The residents of each of the wards of the
City of Saint Jo1m shall, at each municipal election
held in the City of Saint John, be entitled to vote for
the Mayor, two candidates nominated at large and
two candidates nominated in their respective wards.
3 (1) Les residents de la ville de Saint John
devront elire, a chaque election municipale, tenue
taus les quatre ans, un maire, deux conseillers pour
chacun des quatre quartiers et deux conseillers
generaux.
(2) Les residents de chaque quartier de la
ville de Saint John auront Ie droit de voter, a
chaque election tenue dans la ville de Saint John,
pour un candidat se presentant au paste de maire,
deux candidats se presentant aux pastes de
conscillers generaux, et deux candidats se
presentant aux postes de conseillers de leur quartier
respectif.
4 This by-law shall become effective for the 4 Le present arrete s'appliquera it compter de
Municipal quadrennial election of May, 2008. l'election municipale quadriennale du mois de mai
2008.
5 A by-law of the City of Saint John enacted
on the fifth day of January, 2004 entitled "A By-
law Relating To The Composition Of The Common
Council" and all amendments thereto is repealed on
the coming into force oftrus by-law.
6. A by-law of the City of Saint Jo1m enacted
on the fifth day of January, 2004 entitled "A By-
law Relating To The Election Of The Common
Council" and all amendments thereto is repealed on
the coming into force of this by-law.
5 L'arrete de The City of Saint John decrete
Ie 5 janvier 2004 et intitule Arrete concernant [a
composition du conseil communal, ensemble ses
modifications, est abroge des l'entree en vigueur du
present arrete.
6 L'arrete de The City of Saint John decrete
Ie 5 janvier 2004 et intitule Arrete concernant
['election des membres du conseil communal,
ensemble ses modifications, est abroge des I' entree
en vigueur du present arrete.
1
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
nd signed by:
EN FOI DE QUaI, The City of SaintJohn a fait
apposer son sceau communal sur Ie present arrete ie
2007 avec les signatures suivantes :
Mayor/Maire
Common Clerk! Greffier communal
First Reading
Second Reading
Third Reading
Premiere lecture :
Deuxieme lecture:
Troisieme lecture:
2
PROPOSED BY-LAW
RE: Composition and Election of Council
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider enacting A By-Law Relating to the
Composition and the Election of Council at its
regular meeting to be held in the Council Chambers
on Monday, October 22,2007 at 7:00 p,m.
The proposed by-law may be inspected by any
interested person at the office of the Common
Clerk, City Hall, 15 Market Square, Saint John,
N.B. between the hours of 8:30 a.m. and 4:30 p.m.,
Monday through Friday, inclusive, holidays
excepted.
PROJET D'UN ARRETE
OBJET: Composition du Conseil et Pelection de
ses membres
Par les presentes, un avis public est donne par
lequel Ie couseil communal de The City of Saint
John indique son intention d'adopter un Arrete
concernant la composition du conseil communal et
I 'election de ses membres, lors de la reunion
ordinaire qui se tiendra Ie lundi 22 oetobre 2007 a
19bOO dans la salle du conseil.
Toute perSOIll1e interessee peut examiner Ie projet
d'arret6 au bureau du greffier communal a l'hOtel
de ville au 15, Market Square, Saint John, N.-B.,
entre 8h30 et 16h30 du lundi au veodredi, sauf les
jours feries.
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint Jobn use only:
Bud2et Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J, Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674A214
Special Instructions (if any): I
I
I
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, October 16,2007
.. SJT J Independent Placement
.. SIT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etcl.)
Section Headline:
D General Notice D Tender D Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
SCHEDULE "A"
Ward 1
Beginning at the western extremity of the eastern head of the entrance to Musquash Harbout.
I
I
Thence northerly along the western boundary of the City of Saint John to the northern boun~ary of City
of Saint John, also being the southern boundary line ofthe Town of Grand Bay-Westfield, I
I
i
Thence easterly along the northern boundary of the City of Saint John municipal boundary, ~ distance of
approximately 7,000 metres to a point in the body of water known as Grand Bay. i
I
Thence southeasterly at approximately right angles, a distance of approximately 3,000 metr~s to a second
point in the body of water known as Grand Bay. .
Thence easterly to and continuing along the centre of the S1. John River, generally fOllowin$ in a
southeasterly direction the various courses of the St. John River to the northwesterly prolon~ation ofthe
center line of a street known as City Line. .
Thence southeasterly along the northwesterly prolongation of the centre line of City Line tol the
intersection of said centre line of City Line with Duke Street West. i
Thence continuing southeasterly along the centre line of City Line to the southeastern end 1f City Line.
I
Thence continuing southeasterly along the prolongation of the centre line of City Line to thf shore of
Saint John Harbour. I
I
Thence westerly following the various courses of the shoreline of Saint John Harbour and t~e Bay of
Fundy to the place of beginning and intending to include Partridge Island and Manawagonifh Island, and
any other islands adjacent thereto,
3
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SCHEDULE HA"
Ward 2
Beginning at a point on the northern boundary of the City of Saint John located a distance 0
approximately 16,400 metres from the westerly boundary of the City of Saint Jo1m.
Thence southeasterly at approximately right angles to the northern boundary of the City of aint John, a
distance of approximately 750 metres to the centre of Drury Cove.
Thence southeasterly following the various courses of the centre of Drury Cove to the sout em most point
on the shore of Drury Cove at a point where the center line of the Old Drury Cove Road m ets the shore.
Thence southeasterly along the centre line of the Old Drury Cove Road to its intersection ith the center
line of Stagecoach Drive.
Thence southeasterly along the centre line of Stagecoach Drive to the centre line of Drury ove Road.
Thence southeasterly along the centre line of Drury Cove Road to the centre line of Ashb Road.
Thence southeasterly along the centre line of Ashburn Road to the centre ofthe West Bran h of Marsh
Creek.
Thence southwesterly along the various courses ofthe centre of the West Branch of Marsh Creek to its
intersection with the Saint John Throughway.
Thence southeasterly crossing the Saint John Throughway continuing along the center of t e West Branch
of Marsh Creek to the centre of Marsh Creek.
Thence southeasterly, southwesterly and easterly following the various courses ofthe cent r of Marsh
Creek to where it crosses the Canadian National Railway Corridor.
Thence southwesterly following the centre of the Canadian National Railway Corridor to i s intersection
with the southeasterly prolongation of the center line of Prospect Street.
Thence northwesterly along the aforementioned prolongation of the center line of Prospect Street to the
centre line of Wright Street i
I
Thence southwesterly along the centre line of Wright Street to the centre line of Stanley S eel.
Thence southeasterly along the centre line of Stanley Street to the centre line of Winter St eet.
Thence southwesterly along the centre line of Winter Street to the centre line of Rockland Road.
Thence southwesterly along the centre line of Rockland Road and its southwestern center line
prolongation to the centre line of Cranston A venue.
Thence northwesterly along the centre line of Cranston Avenue to the centre line of Bark Street.
4
Thence southwesterly along the centre line of Barker Street and continuing along the centre ine of
Magazine Street to the centre line of Metcalf Street.
Thence southeasterly along the centre line of Metcalf Street to the centre line of Main Street
Thence southwesterly along the centre line of Main Street to the centre line of Chesley Driv (formerly
Harrison Street),
Thence southerly along the centre line of Chesley Drive (formerly Hanison Street) and confnuing along
the center line of Chesley Drive to the western boundary of the HMCS Brunswicker propert .
Thence southerly along the west side ofthe HMCS Brunswicker site to the shoreline of the
River.
Thence southerly parallel to and west ofthe Saint John Harbour Bridge to the centre of the 1. John River.
Thence southwesterly along the various courses ofthe centre of the 81. John River and cont nuing
northwesterly along the various courses of the centre of the St Jo1m River and continuing esterly to a
point in the body of water known as Grand Bay.
Thence northwesterly on a course at approximately right angles to the northern boundary 0 the City of
Saint John, a distance of approximately 3000 metres to the said northern boundary of the C ty of Saint
John.
Thence easterly along the northern boundary of the City of Saint John approximately 9400 eters to the
place of begirming, and intending to include all islands within the herein described Ward 2 oundaries.
5
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SCHEDULE" At'
Ward 3
Beginning at the intersection ofthe center line of Marsh Creek with the center lines of the E st and West
Branches of Marsh Creek.
Thence northeasterly along the various courses of the centre of the East Branch of Marsh Cr k to the
centre line of Rothe say Avenue.
Thence southerly along the centre line of Rothesay Avenue to the centre line of McAllister
Thence southeasterly along the centre line of McAllister Drive and continuing southerly alo g the centre
line of Champlain Drive to the centre of Little River.
Thence southwesterly following the various courses of the centre of Little River to the centr of the
Canadian National Railway Industrial Spur.
Thence southwesterly following the various courses of the centre of the Canadian National ailway
Industrial Spur to the centre line of Bayside Drive.
Thence northerly along the centre line of Bays ide Drive to the center line of the Courtenay
Causeway.
Thence southwesterly along the center line of the Courtenay Bay Causeway to the centre of arsh Creek.
Thence southeasterly, a distance of approximately 950 metres to a point in Courtenay Bay.
Thence southwesterly, a distance of approximately 2,800 metres through the Saint Jo1m Har our to the
intersection of the shore of Saint John Harbour with the southeasterly prolongation of the ce ter line of
Ci ty Line.
Thence northwesterly along the prolongation of the center line of City Line to the southeast mend of the
centre of City Line.
Thence continuing northwesterly along the centre line of City Line to its intersection with
West.
e Street
Thence continuing along the northwesterly prolongation of the center line of City Line to th center of the
S1. Jo1m river.
Thence northeasterly following the various courses of the centre of the 81. John River to int rsect a line
parallel to and west of the Saint John Harbour Bridge.
Thence northerly parallel to and west of the Saint John Harbour Bridge to the intersection 0 the west side
ofthe HMCS Brunswicker site with the shoreline.
Thence following the western boundary of the lIMes Brunswicker site to the centre line of hesley
Drive.
6
Thence northerly along the centre line of Chesley Drive and continuing along the center line of Chesley
Drive formerly known as Harrison Street to the centre line of Main Street.
Thence northeasterly along the centre line of Main Street to the centre line of Metcalf Street.
Thence northwesterly along the centre line of Metcalf Street to the centre line of Magazine
Thence northeasterly along the centre line of Magazine Street and continuing along the cen
Barker Street to the centre line of Cranston Avenue.
Thence southeasterly along the centre line of Cranston Avenue to its intersection with the so thwesterly
prolongation of the center line of Rockland Road.
Thence northeasterly along the prolongation of and continuing along the center line of Roc and Road to
the centre line of Winter Street.
Thence northeasterly along the center line of Winter Street to the centre line of Stanley Stre
Thence northwesterly along the centre line of Stanley Street to the centre line of Wright Stre 1.
Thence northeasterly along the centre line of Wright Street to its intersection with the centre line of
Prospect Street.
Thence southeasterly along the prolongation of the center line of Prospect Street to the centr of the
Canadian National Railway Corridor.
Thence northeasterly following the various courses of the centre of the Canadian National R ilway
Corridor to its intersection with the center of Marsh Creek.
Thence westerly, northeasterly and northwesterly along the various courses of the center of arsh Creek
to the place of beginning.
7
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SCHEDULE "A"
Ward 4
Beginning at a point on the northern boundary of the City of Saint John located a distance 0
approximately 16,400 metres from the westerly boundary of the City of Saint John.
Thence easterly along the northern boundary of the City of Saint John to its intersection wi the
northeastern boundary of the City of Saint John at a point in Bradley Lakes.
Thence continuing along the various courses of the boundary lines of the City of Saint John 0 the centre
of Mispec River.
Thence following various courses of the centre line of Mispec River, generally in a southerl and
southwesterly direction to Mispec Bay.
Thence following the shore of the Bay of Fundy, the Saint John Harbour and Courtenay Bay to the centre
of Marsh Creek.
Thence northwesterly along the centre of Marsh Creek to the center line ofthe Courtenay B y Causeway.
Thence northeasterly along the center line of the Courtenay Bay Causeway to the center line of Bayside
Drive.
Thence southerly along the centre line of Bays ide Drive to the centre of the Canadian Natio al Railway
Industrial Spur.
Thence northeasterly following various courses of the centre of the Canadian National Rail ay Industrial
Spur to the centre of Little River.
Thence northerly and northeasterly following the centre of Little River to the centre line of
Drive.
Thence northerly following the centre line of Champlain Drive and continuing northwesterl along the
centre line of McAllister Drive to the centre line of Rothesay Avenue.
Thence northerly along the centre line of Rothesay Avenue to the centre of the East Branch fMarsh
Creek.
Thence southwesterly following the various courses of the centre of the East Branch of Mar h Creek to its
intersection with Marsh Creek and the West Branch of Marsh Creek.
Thence northwesterly following the various courses of the centre line of the West Branch of Marsh Creek
to its intersection with the Saint Jo1m Throughway.
Thence continuing northeasterly along the various courses of the centre of the West Branch arsh Creek
to its intersection with the center line of Ashburn Road.
Thence northwesterly along the centre line of Ashburn Road to the centre line of Drury Cov Road.
8
Thence northwesterly along the centre line of Drury Cove Road to the centre line of Stageco ch Drive.
Thence northwesterly along the centre line of Stagecoach Drive to the centre line of Old D Cove
Road,
Thence northwesterly along the centre line of the Old Drury Cove Road to the southern mas point of the
shore of Drury Cove where the center line ofthe Old Drury Cove Road meets the shore.
Thence northwesterly following the various courses of the centre of Drury Cove to a point n ar the mouth
of Drury Cove.
Thence northwesterly at a approximately right angles, a distance of approximately 750 metr S, to the
northern boundary of the City of Saint Jolm, being the place of beginning,
9
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The City of Saint Jo1m
October 4, 2007
Mayor and Council
RE: Strategies in Developing and Funding Infrastructure Projects
The City of Saint John has identified several high priority projects. These are priority
projects because they have been identified as having high impact on quality of life and
development of the city. Yet progress on these projects is often constrained due to the
municipality's capacity to finance them.
A case in point is the high priority need for a water treatment system, with an estimated
cost of$120 K +. A project of this magnitude requires funding from other levels of
government which we know from experience can be a long process often extending the
life spans of several councils. It is for this reason I believe it necessary, that in
conjunction with trying to secure other levels of government funding, this council should
undertake due diligence and understand other financial models I partnerships for
developing projects.
One such model is the Public~ Private Partnership. There are varying models of Public -
Private Partnership, however they generally include the financing, design and
construction and may include operation and maintenance. One key factor that makes
these partnerships not only attractive but successful is that private entities have access to
funds not typically available to municipalities.
It should be noted that these partnerships do not preclude funding from other sources
such as the federal or provincial governments. In fact, recently both Prime Minister
Harper and Premier Shawn Graham have made statements that the 3 P model is one
which should be considered on infrastructure projects. Given these political
developments, I believe the City of Saint John's request for federal and provincial
funding may be more successful and expedient under a private - public partnership
approach.
~
SAINT JOHN
--
P.O. Box 1971 Saintjohn, NB Canada E2l4Ll I www.sainijohn.calc.p. 1971 Saint John, N.-B. Canada ElL 4L1
Mayor and Council
October 4, 2007
Page 2
Consider that one of the four priorities of the Prime Minister is:
Strong Economic Management
· Work to strengthen Canada's economy for the long haul, including value for
money expenditure review to ensure government spending is controlled, focused
and efficient.
And further consider the following inclusion in the 2007 federal budget:
$16 billion over seven years in new infrastructure funding, including $8.8
billion for national highways, urban transit and water treatment facilities. And,
a new fund for innovative public-private partnerships. (see attachment)
Premier Shawn Graham specifically referenced the 3P model in the 2007
budget speech, which is a strong indication of preference for developing and
funding infrastructure.
"We will also be exploring public-private partnerships in movingforward on the
Saint John and Moncton courthouse projects, along with the construction of a
new detention centre. "
I believe it to be very important that this council fully understand the model of private-
public partnerships. To this end, I believe council should arrange an "in service" to be
delivered by experts that provide strategic advice on Canadian infrastructure, government
and utilities. Furthermore, the Canadian Council on Private -Public Partnerships is
hosting a conference in November at which I believe this municipality should have some
representation:
"P3 Fundamentals: Delivering Successful Public-Private Partnerships" Seminar
November 27,2007 - Toronto Hilton Hotel
Who would benefit? Municipal and provincial government staff involved in finance,
public works, transportation, recreation and environmental services. Private sector
managers wishing to understand P3 in the municipal sector.
Mayor and Council
October 4, 2007
Page 3
Resolution
I would move the following recommendations:
1. Council make arrangements for a "teach in" on Public- Private
Partnerships from experts that provide strategic advice on Canadian
infrastructure, government and utilities.
2. Council under take case studies of several private-public partnerships
similar to infrastructure projects currently under consideration for Saint
John.
3. That a provincial I municipal delegation be organized to attend the
Canadian Council of Private-Public Partnerships to be held in November.
Respectfully Submitted
(Received bye-mail)
Councillor Stephen Chase
October 22,2007
Mayor McFarlane and Members of Common Council
Your Worship and Councillors,
Motion: City Manager to come back with an update on the current issues,
progress and future plans for Simms Corner for next open council meeting.
Yours truly,
Received bye-mail
Jay-young Chang
Councillor
TIre City of Saint John
\ \ '3
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SAINT JOHN
---
October 11, 2007
ODen Session
Mayor McFarlane and Members
of Common Council
Re: Saint John Water- "Water Guide for Houses Pro2U"am"
My family home was recently evaluated under the "Ene uide for Houses
Program". The report that was provided will help my family m e sound
decisions to improve the energy efficiency in our home. Reeo endations and
potential savings were highlighted together with financial incen ives. The
recommendations will help us reduce the costs of energy which ill, essentially,
assist in reducing greenhouse gases. The report also provided a eb site page
where you can view details on how we can reduce the impact 0 our environment.
Interestingly, one recommendation that qualifies for an incentiv is to replace
toilets with low flush or dual flush. /fthe toilet is replaced, $50 via Federal
econEnergy is available. Efficiency NB. provided for 20% of th cost on an
interest free loan. A reduction of water use in this area will ha an obvious
benefit to Saint John Water.
I would suggest that "Saint John Water" set up a similar progr based on the
"Water Guide for Houses Program" with the emphasis on water conservation.
As with "EnerGuide", Saint John Water could visit homes ofra payers and
review conservation of water while making recommendations fi r savings. The
utility could also provide incentives. I further suggest that the" ater Guide for
Houses Program" would pay for itself in conservation and with he associated
costs of providing "safe, clean drinking water".
Motion: Request Saint John Water to develop a plan for "Wate Guide for
Houses Program" with recommendations and incentives for rate payers.
SinCere~Y,
Source verifie
Counci or Christopher Titus
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.sajn~ohn.calc.P. 197 Saint John, N.-B. Canada ElL 4L1
The City of saint John
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SAINT JOHN
--
October 18, 2007
His Worship Mayor McFarlane and
Members of Council
Re: UNBSJ: A Deal is a Deal
Over the last few weeks there has been considerable public disc ssion with
respect to whether or not "a university' will remain in our city. t the same time,
there have been questions raised as to Common Council's co itment to this
particular institute of higher learning.
Much has been said and done by Common Council of the City 0 Saint John in
support ofU.N.B.SJ. In addition to Council's recent commitm t of$2 million
to the University's capital commitment, a number of other exam les can be cited.
However, perhaps most significant is the manner in which the I ds upon which
the campus currently rests were made available. The lands carn into the city's
possession as a result of the last will and testament ofMr. Josep J. Tucker, hence
the name Tucker Park. The lands were entrusted to the City on e basis that such
lands were to be for the sole purpose of establishing a "park".
Then in 1963, Common Council sought legislation "to authoriz the City of Saint
John to set aside a portion of Tucker Park for University purpos s". However, the
legislation was very specific. It stated:
"Notwithstanding anything contained in the will of th late Joseph
J. Tucker or in any other document or conveyance, the Ci y of Saint
John is authorized to set aside by resolution of its Comm Council
an appropriate and sufficient portion of the said Tucker P k for the
occupation and use of a Saint John branch of the Universi y of New
Brunswick and the trust imposed by the will of the late Jo eph J.
P.O. Box 1971 Saint John, NB Canada ElL 4L1 I W'MV,saintjohn,ca I c.P. 197 Saint john, N.-B. Canada ElL 4L1
Tucker is hereby enlarged and extended to pennit the con yance
of such portion to The University of New Brunswick to be used for
university purposes, provided that unless and until such po ion or
any part thereof is used for university purposes, it shall r in as
hereto fore" .
Then on February 8th, 1968, the City entered in an agreement wit the University
of New Brunswick and the Council essentially gave those lands approximately
202 acres) to U.N.B. for $1.00 to be used consistent with the 196 Legislation.
So, why do I raise this issue? The University, Common
Council and eventually the Province, in my view, entered a
partnership in the 1960's. The goal of that partnership was for
one purpose, namely to establish a campus of the University of
New Brunswick on lands entrusted to the City by Joseph J. Tuck r.
That was the deal then and from my perspective, is still
the deal today.
Resolution: That Common Council communicate to the
Premier the contents of this letter, and reaffirm its position that
Council made Tucker Park lands available for just one purpose:
THE ESTABLISHMENT OF A SAINT JOHN CAMPUS OF T E
UNIVERSITY OF NEW BRUNSWICK.
Respe C~fu.ll . ~bmitted;
. I
Source .v~t d ~ /
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Councilor Chris Titus
October 19,2007
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Motocross Track - Ocean Westway
Common Council, at its meeting of Tuesday, October 9, 2007, directed the
City Solicitor to examine from a Zoning By-Law perspective the use of a
portion of the lot located on the northern side of Ocean Westway identified by
PID #00287474 as a motocross track.
By way of background, a number of residents of the Monte Cristo subdivision
and others in the Ocean Westway vicinity, have complained over the past
months that the noise produced by vehicles using the motocross track
repeatedly disturbs the normal use and enjoyment of their properties. We had
advised previously that the most effective means of addressing the noise
complaints was an enforcement initiative under the provisions of the Noise By-
Law. It is my understanding that the Police Department has and continues to
respond to complaints and to assess and gather evidence in that regard.
Prosecution under that By-Law will occur when satisfactory evidence
supporting a charge is presented.
As requested, we have examined the motocross track activity from a zoning
perspective and in doing so have reviewed the zoning classifications for the lot
in question, the applicable provisions of the Zoning By-Law and relevant case
law. As a result, we are of the view that if sufficient and satisfactory evidence
is available, the use of this land as a motocross track is in contravention of the
City's Zoning By-Law.
... /2
Common Council
October 19, 2007
City Solicitor
Page 2
Re: Motocross Track
It is anticipated that notice to that effect will be served on Friday, October 19,
2007 upon the owners of the land in question. We will be examining over the
next several days the available evidence in order to determine whether it
supports the commencement of legal proceedings and, in that regard, will be
reporting to Council at its next regularly scheduled meeting.
Respectfully Submitted,
John L. Nugent
City Solicitor
October 19,2007
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Update respecting a new Minimum Property Standards By-Law
Common Council at its meeting of Tuesday, October 9, 2007, requested an
update respecting the implementation of changes to the Minimum Property
Standards By-Law. This report has been prepared as a result and in
consultation with the Building Inspector's Office.
The new Provincial legislation deals with:
1. unsightly premises
2. hazardous properties
3. minimum property standards properties
Common Council, on July 30, 2007, enacted a new By-Law with respect to
unsightly premises and hazardous buildings and structures. Staff in the
Buildings and Inspection Services Department and in the City Solicitor's
Office have been preparing a new By-Law respecting minimum property
standards. It is expected that the new By-Law will be submitted to Common
Council before the end of November 2007.
The new Provincial Legislation provides a right of appeal to persons who have
received a notice from the City with respect to premises that are unsightly or
with respect to buildings and structures that are hazardous or do not meet
minimum property standards. Those persons have a right to appeal to a
... /2
Common Council
October 19, 2007
City Solicitor
Page 2
Re: Minimum Property Standards By-Law
Committee of Council. The appropriate documentation with respect to such a
Committee is being prepared and it is expected that the documentation will be
submitted to Common Council before the end of November 2007.
Respectfully Submitted,
John L. Nugent
City Solicitor
October 19,2007
Your Worship and Councillors:
SUBJECT: Cash in-Lieu of Land for Public Purposes
Hillcrest Lake Estates Subdivision (Phase 5)
290 Hillcrest Road
The Planning Advisory Committee considered the attached report at its October
16,2007 meeting. The applicant, Mr. Gerald Roberts of Kierstead, Quigley and
Roberts Limited, appeared before the Committee in support of the application and
staff recommendation. There were no other presentations made at the meeting
regarding this matter, and no letters were received from area residents.
After considering the matter the Committee resolved to adopt staff
recommendation, which is set out below for your convenience. The PAC also
approved the proposed private access as recommended by staff.
RECOMMENDATION:
That Common Council accept a cash in-lieu Land for Public Purposes dedication
for the creation of proposed Lot 9 at 290 Hillcrest Road, and assent to any
necessary public utility easements for this subdivision.
Respectfully submitted,
Stephen Horgan
Chairman
Attachment
Project No. 07-385
DATE:
SEPTEMBER 28, 2007
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF OCTOBER 2, 2007
Mark O'Hearn
Planning Officer
SUBJECT:
Name of Applicant:
Kierstead Quigley and Roberts Limited
Name of Owner:
Mann Construction
Location:
290 Hillcrest Road
PID:
00312074 (portion thereof)
Municipal Plan:
Unserviced Residential
Zoning:
"RS-1" One and Two Family Suburban Residential
Proposal:
To create an unserviced residential lot on a private access.
Type of Application:
Subdivision and Variance that would allow a new residential
lot to abut a body of water.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Committee to advise Common Council on
subdivision applications involving the acceptance of Land for Public Purposes dedications and the
assent of public utility easements.
Hillcrest Lake Estates Subdivision (Phase 5)
290 Hillcrest Road
Page 2
September 28, 2007
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Subdivision By-law. Conditions can be imposed by the Committee.
The Subdivision By-law authorizes PAC to approve other accesses than public streets when
advisable for the development ofland. The By-law also authorizes the Committee to approve
their names.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council accept a cash in-lieu Land for Public Purposes dedication for
the creation of proposed Lot 9 at 290 Hillcrest Road, and assent to any necessary public
utility easements for this subdivision.
2. That the Planning Advisory Committee approve the requested 20 metre (66 foot) wide
private access, as illustrated on the submitted Hillcrest Lake Estates Subdivision (Phase
5), on the following conditions:
(a) That the road be constructed to the exact same standards as required for a public
Country Road except that only a Class "B" gravel finish be necessary;
(b) That the above mentioned work be completed to the satisfaction of the Chief City
Engineer (or designate) prior to the approval of any building permit for a dwelling
on proposed Lot 9;
(c) That the final subdivision plan clearly indicate that the access is private and not
maintained by the City of Saint John; and
(d) That no further dwellings be permitted to access this private road until such time
it becomes a public right-of-way.
3. That the Planning Advisory Committee approve the name "Ethan Lane" for the proposed
private access.
BACKGROUND:
On October 5,2004 the Planning Advisory Committee favourably considered a subdivision
involving six (6) unserviced residential lots along Hillcrest Road. This application involved the
consideration of a cash in-lieu Land for Public Purposes dedication for the requested lots (except
the first lot was exempt), and the consideration of a variance to allow one of the lots (Lot 5) to
Hillcrest Lake Estates Subdivision (Phase 5)
290 Hillcrest Road
Page 3
September 28, 2007
abut a small body of water (shown as Hillcrest Lake on the tentative subdivision plan). Since that
time the Developer has created five (5) of these lots along Hillcrest Road.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed subdivision.
Building and Technical Services has no concerns with regards to this application.
Saint John Energy has been advised of this matter.
Aliant Telecom has no issues with this proposal, and will work jointly with the Developer and
Saint John Energy as the future development proceeds.
Rogers has been advised of this proposal.
Maritimes & Northeast Pipeline has no concerns with regards to this application.
Fire Department has no objection to this application provided that the access road is constructed
and maintained to sustain the weight and turning requirements of fire apparatus, and that the
access road provides suitable emergency access during all seasons and weather.
The Saint John Fire Department cautions that further development off the access road must be
considered on an individual basis, in that the development of this area may require that the road be
constructed in accordance with the National Building Code Standard 3.2.5.6 Access Route
Design.
N.B. Department of Public Health and Wellness & N.B. Department of Environment and
Local Government have been advised of this subdivision proposal.
ANALYSIS:
The subject area is situated on the south side of Hillcrest Road in East Saint John (see
attachments). The applicant is seeking permission to create a further unserviced residential lot
(Lot 9) as part of the Hillcrest Lake Estates Subdivision. As mentioned in the Background
section of this report, the Developer has already received tentative approval to create six (6) lots
along Hillcrest Road.
Unlike the other requested lots this additional one would abut a private access off Hillcrest Road.
It is the intention to develop a rural residential subdivision over the subject property in the future
at which time this access would become a public road. This will require the property to be
Hillcrest Lake Estates Subdivision (Phase 5)
290 Hillcrest Road
Page 4
September 28, 2007
rezoned to "RR" One Family Rural Residential. In order to receive tentative approval the
Developer will also have to provide necessary information to the Province (Public Health and
Environment) with respect to the suitability of private on-site services.
The area is presently zoned "RS-I" One and Two Family Suburban Residential. Proposed Lot 9
can exceed the minimum requirements for this zone and the "RR" One Family Rural Residential
zone. However, the following approvals are necessary by the Planning Advisory Committee:
· Approval of an access other than a public street; and
· Allowance of the proposed lot to abut a lake when the Subdivision By-law normally
requires a road or Land for Public Purposes dedication to separate residential lots from
such bodies of water.
Private Access and Street Name
The Subdivision By-law requires that all new lots abut (i.e., have direct vehicular access) to a
public street. This By-law standard ensures that landowners of have unencumbered, legal access
to roads maintained by the City. A typical public street has a paved surface with proper drainage
that has been constructed in a manner to support the weight of all types of vehicles, including the
weight of heavy firefighting apparatus. Such roads are also ploughed in the winter months in
order to provide year round access.
While City staff still believes that new residential lots should abut public streets as required by the
By-law, the circumstances surrounding this particular application should be carefully considered.
The Developer and his consultant have previously discussed the eventual development of the large
subject property (this will likely require the inclusion of a portion of the adjoining Estate of Arthur
Donovan property to the west), and have designed the initial phase in a manner that the right-of-
way of the private access will become a public road. City staff understands that the Developer
intends to proceed with the rural residential subdivision within the next couple of years due to a
significant interest for building lots, especially those in close proximity to the small lake.
In discussing this matter with the proponent, staff can recommend the approval of a private access
if the road is constructed in the exact same manner that would normally be required for a public
Country Road, except that there would not be a requirement to finish the road with an asphalt
driving surface. This is agreeable to the proponent, and has been discussing the nature of street
work required with Kevin Steele who has experience developing rural residential subdivisions in
the city.
The recommendation would require that the access be constructed to the satisfaction of the City
(Chief City Engineer or designate) prior to the approval of a building permit for the new dwelling,
which would become the new residence of the Developer (currently he and his family resides at
300 Hillcrest Road - Lot 3). His existing property would be sold this fall, but since the driveway
Hillcrest Lake Estates Subdivision (Phase 5)
290 Hillcrest Road
Page 5
September 28, 2007
for this existing dwelling was developed over the proposed private access right-of-way, the new
landowner of Lot 3 would be given a legal right to use a portion of the access as well (though a
driveway could be developed directly to Hillcrest Road). Because there would be two dwellings
using this private access, a street name has been recommended so that a sign can be posted at the
intersection. This name may be changed when the rural residential subdivision is approved.
Variance to Allow New Lot to Abut Lake
While the proposed lot can exceed the zoning requirements, the Subdivision By-law normally
requires a road or Land for Public Purposes dedication between new residential lots and bodies of
water. Lot 9 is proposed to abut a small body of water (see attached tentative subdivision plan).
This was the same situation for Lot 5 that was approved by the Planning Advisory Committee in
2004.
Hillcrest Lake is rather small and is not identified by the Municipal Development Plan with
regards to its policies in protecting various watercourses and bodies of water. In fact, although
the surveying consultant has given it a name in conjunction with the proposed development, there
is no such name associated with this body of water. Given that there is insufficient depth to
accommodate another tier of lots between the existing lots along Hillcrest Road and the so-called
Hillcrest Lake, approval of this variance can be supported for this side of the lake only.
It should be noted, however, that any development within 30 metres (100 feet) of this wetland
may be prohibited by N.R Department of Environment. Furthermore, when the City considers
the anticipated rural residential subdivision for the remainder of the property, access to this body
of water may be required as part of the future Land for Public Purposes dedication in order to
provide public access to this 2.3 hectare (5.7 acre) body of water.
Land for Public Purposes
The Subdivision By-law requires a Land for Public Purposes dedication for this subdivision, which
would be the sixth lot created from the property in recent years. A cash in-lieu dedication is being
sought, which was accepted for the other lots along Hillcrest Road. Such monies are used
exclusively for the improvement and maintenance of municipal parks in the community. A land
dedication involving a portion of the lake shore will likely be sought by staff when the rural
residential subdivision plan is submitted for approval.
The recommendation includes the acceptance of a cash in-lieu L.P.P. dedication, as well as any
necessary public utility easements.
MRO
Project No. 07-365
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site / site en question:
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PID(s) / NIP(s):
00312074 (portion thereof / partie
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Location: 290 Hillcrest Rd. / ch. Hillcrest
Date: September / septembre 18, 2007
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Tentative Plan
Hillcrest lake Estates
Subdivision Phase 5
lot 9
Hillcrest Rood.
City of Saint John.
Saint John County, N.S.
~o E-~O metr"
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IX
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Scole _ 11000
~ KIERSTEAD QUIGLEY
~ and ROBERTS Ltd.
SaInt .IoIIn. New Brunswlck
Ooted
September 12. 200 7
; Jot> "" OHC'61~g. No. T -0204
\\
October 17,2007
Your Worship and Councillors:
SUBJECT: 2100 Sandy Point Road - Subdivision and Variances
The Planning Advisory Committee considered the attached report at its October
16, 2007 meeting.
Marilyn and Darryl Galbraith appeared in support of their application and noted
that they wish to subdivide and sell the proposed unserviced lots as they are not in
favour of higher density housing in this area and they are unsure of when services
will be extended to this area. As well, they noted that sewer services for this area
would likely require a costly pumping station.
Leo Maloney, of 29 Scenic View Drive, appeared in support of the application
and noted that he would like to see the four lots developed as proposed, but that
he would like to be connected to municipal services if they were extended to the
area.
Peter Pappas, the applicant's realtor, reiterated the OpInIOn that the cost of
servicing the proposed lots would be prohibitive and pointed out that other lots in
the area have recently been created with on-site services. Mr. Pappas also noted
that there are buyers waiting to purchase the proposed unserviced lots, and that
the top half of the subject site will be connected to municipal services when it is
subdivided.
Gerry Roberts, of Keirstead, Quigley and Roberts, appeared in support of the
application and noted that he believed denying the current application when there
is no plan for when the City will extend services to this area amounts to taking
away the Galbraith's right to develop for something that may (or may not) occur
in the future.
One letter of opposition was received from Gordon and Thelma McKim, of 25
Scenic View Drive, expressing concern regarding the potential impact on existing
well and septic systems from the proposed development.
Planning Advisory Committee
October 19,2007
Page 2
Considerable discussion ensued regarding the method of servicing the proposed
lots and the surrounding areas, and whether unserviced development should be
permitted in a central area of the City designated for servicing and in such close
proximity to existing services.
The Committee approved the necessary motions as set out below and approved a
variance to permit unserviced development whereas the Subdivision By-law
requires the lots to be serviced with municipal water and sewer.
RECOMMENDATION:
1. That Common Council assent to one or more subdivision plans, in one or
more phases for the proposed four unserviced lots at 2100 Sandy Point
Road, and to any required municipal services or public utility easements.
2. That Common Council assent to cash-in-lieu of a dedication of Land for
Public Purposes equal to 6% of the market value of the land in the
subdivision at the time of submission for approval of the subdivision plan.
Respectfully submitted,
Stephen Horgan
Chairman
SKH
Attachments
Project No. 07-387
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
OCTOBER 12, 2007
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF OCTOBER 16, 2007
Sarah Herring, MCIP
Planner
Marilyn Galbraith
Marilyn Galbraith
2100 Sandy Point Road
55102958 (portion thereof)
Low Density Residential
"RS-2" One and Two Family Suburban Residential
To create four unserviced residential lots
Subdivision and Variances to:
a) permit unserviced development whereas the Subdivision
By-law requires the lots to be serviced with municipal
water and sewer; and
b) to reduce the minimum required lot width from 54 metres
(177 feet) to approximately 48 metres for proposed Lot
07-1.
Marilyn Galbraith
2100 Sandy Point Road
Page 2
October 12, 2007
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning land for public purposes (or acceptance of cash-in-lieu) dedications in
conjunction with the subdivision of land.
The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the
requirements of the Zoning By-law and the Subdivision By-law. Conditions can be imposed by the
Committee.
STAFF RECOMMENDATION TO COMMITTEE:
That the requested variances be denied.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering is not in favour of the applicant's proposal. For
development in this area, serviced lots should be created, thereby extending water and sewer mains to
service future properties. If this land is allowed to be developed with on-site well and septic systems,
it would not be feasible in the future to service developments in this area as reduced densities would
make the extension of mains, the installation of a force main and a lift station impractical.
Building and Technical Services has no objection to this proposal.
Fire Department has no objection to the subdivision application, but makes note that:
1. The proposed subdivision includes large lots, and any future lengthy driveway must conform
to the National Building Code Standard 3.2.5.6Access Route Design which requires that the
road:
a. have a clear width not less than 6 metres, unless it can be shown that lesser widths are
satisfactory,
b. have an overhead clearance not less than 5 metres,
c. have a change in gradient not more than 1 in 12.5 over a minimum distance of 15
metres,
Marilyn Galbraith
2100 Sandy Point Road
Page 3
October 12, 2007
d. be designed to support the expected loads imposed by fire fighting equipment and be
surfaced with concrete, asphalt, or other material designed to permit accessibility
under all climate conditions, and
e. be connected with a public thoroughfare.
2. These lots, as currently proposed, will not be serviced with hydrants, therefore requiring
response from Fire Department Tanker(s) should future owners experience a fire.
In addition, given the current building trends for large, lightweight residential construction on such
lots in non-hydrant serviced areas, it is recommended that should the proponent be given approval for
the subdivision, Saint John Water should prioritize this and other similar areas that exist for the
expansion of the water system.
N.B. Department of Public Health and Wellness has been advised of this application.
N.B. Department of Environment and Local Government has been advised of this application.
ANALYSIS:
Subiect Site and Surroundin2 Area
The subject site is located at the corner of Sandy Point Road and Scenic View Drive in the
Millidgeville area. The 4 hectare (10 acre) site is currently vacant, and contains hilly topography with
a mixture of open fields and young deciduous trees. The surrounding area contains a low density of
older single-family and two-family homes on lots of varying sizes. In particular, there are three
single-family residences served by private wells and septic systems on Scenic View Drive.
Proposed Development
The applicant is proposing to subdivide approximately 1.87 hectares (4.6 acres) of the subject site
into four properties for residential development with on-site well and septic systems. Proposed lots
07-1 and 07-2 would front on Sandy Point Road, and proposed lots 07-3 and 07-4 would front on
Scenic View Drive. Lot 07-1 is proposed to have approximately 4,300 square metres (1.06 acres) of
area with approximately 48 metres (157 feet) offrontage along Sandy Point Road, and Lot 07-2 is
proposed to have approximately 4,000 square metres ( 1 acre) of area with 47 metres ( 154 feet) of
frontage on Sandy Point Road and 80 metres (262 feet) offrontage on Scenic View Drive. Lots 07-3
and 4 are each proposed to have approximately 5,200 square metres (1.3 acres) of area and
approximately 54 metres (177 feet) offrontage on Scenic View Drive.
Marilyn Galbraith
2100 Sandy Point Road
Page 4
October 12, 2007
As the applicant has not indicated any Land for Public Purposes on the submitted Tentative
Subdivision Plan, it would appear that a cash-in-lieu dedication is preferred. Given the small size of
the proposed subdivision this would be acceptable if the subdivision were approved.
Municioal Plan and Zonin2 Bv-law ReQuirements
The Municipal Plan sets out a sequence of development with stages of servicing to ensure that
development and public works projects are undertaken in a logical and cost-effective order. The
subject site is located in the Stage 1: Serviced area, where the Plan's policies dictate that development
be permitted in those areas that are provided with municipal services or that can be provided with
municipal services by the extension of existing trunk facilities. The Subdivision By-law requires storm
sewers, water systems and sanitary sewers, approved by the Commissioner, for residential
development in this area. Individual on-site well and sewage disposal systems are permitted only
when approved by the Commissioner and the New Brunswick Department of Health where, in the
opinion of the Commissioner, connection to the municipal systems are not feasible at the time of
subdivision.
As well, the Millidgeville Secondary Plan directs that the Sandy Point Road area should be developed
at Intensity 3 density (with single-family dwellings on large suburban lots) and that residential
development should be permitted solely on building lots serviced by the City's water distribution and
sanitary sewer systems to ensure the provision and maintenance of high standard municipal services
and to encourage the expansion of systems which the City can afford to construct, operate and
maintain.
Comments from the Department of Municipal Operations and Engineering indicate that the
Commissioner is not in favour of the proposed development and is of the opinion that on-site
servicing is unacceptable in lieu of connection to the municipal water and sewer systems. As a result,
development of the four lots as currently proposed will require a variance from the servicing
requirements of the Subdivision By-law and a departure from the policies of the Municipal Plan and
the objectives of the Millidgeville Secondary Plan.
Given the amount of undeveloped land in the vicinity of the subject site and the proximity of the area
to the central areas of the City, future development in this area is likely and should follow the
servicing plans set out by the Municipal Plan, Subdivision By-law and Millidgeville Secondary Plan.
Permitting small developments to occur on a sporadic and dispersed basis without the extension of
municipal services will preclude servicing of the area in the future as decreased densities of residential
development, larger lot sizes and greater distances between residences will reduce the feasibility and
increase the cost of servicing extensions.
The subject site is currently zoned "RS-2" One and Two Family Suburban Residential, which permits
both municipal and on-site servicing (due to the fact that this zone is found in urban and rural areas of
the City). Should the aforementioned variance, permitting on-site servicing for this development be
Marilyn Galbraith
2100 Sandy Point Road
Page 5
October 12, 2007
approved, a variance reducing the minimum lot width from 54 metres (177 feet) to approximately 48
metres (157 feet) for proposed Lot 07-1 will also be required.
CONCLUSION:
Permitting the proposed development to occur without connection to municipal services will decrease
the likelihood of future servicing in a desirable, developable area of the City due to the associated
decrease in density and increase in cost for servicing. Although the proposed development is
relatively small, the potential cumulative impacts of similar small, dispersed, and low density
developments in the area must be carefully considered. As the policies and objectives of the
Municipal Plan, Subdivision By-law and Millidgeville Secondary Plan, as well as the Department of
Operations and Engineering clearly advise against unserviced residential development in this area the
application cannot be supported.
SKH
Project No. 07-387
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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Subject Site/site en question:
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PID(s)/NIP(s):
portion of 55102958
Location: 2100 ch. Sandy Point Road
Date: October 3, 2007
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October 19,2007
Your Worship and Councillors:
SUBJECT: Cash in-Lieu of Land for Public Purposes
Cornish and Bernard Subdivision
3336 Loch Lomond Road
The Planning Advisory Committee considered the attached report at its October
16,2007 meeting. The applicant, Mr. Richard Turner of Hughes Surveys and
Consultants Inc., appeared before the Committee in support of the application and
staff recommendation.
Ms. Seri-Lynne Miles of 5 Cornish Crescent appeared before the Committee with
concerns if the proposal involved her private roadway. Both staff and the
applicant confirmed that this immediately adjacent right-of-way would not be
involved in the development of the subject property. There were no other
presentations made at the meeting regarding this application, but there were two
(2) letters received from area residents (see attachments).
After considering the matter the Committee resolved to adopt staff
recommendation, which is set out below for your convenience. The PAC also
granted the requested lot width variances.
RECOMMENDATION:
That Common Council accept a cash in-lieu Land for Public Purposes dedication
for the attached Cornish and Bernard Subdivision (Lots 06-01 & 06-02) at 3336
Loch Lomond Road.
Respectfully submitted,
Stephen Horgan
Chairman
Attachments
Project No. 07-385
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
OCTOBER 12, 2007
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF OCTOBER 16, 2007
Mark O'Hearn
Planning Officer
Hughes Surveys and Consultants Inc.
Steven Cornish & John and Stephen Bernard
3336 Loch Lomond Road
55147102
Unserviced Residential
"RS-1" One and Two Family Suburban Residential
To further subdivide an unserviced property into two
building lots.
Subdivision and Variance that would reduce the minimum
lot width requirement of 54 metres (177 feet) to
approximately 20 metres (66 feet).
Cornish and Bernard Subdivision
3336 Loch Lomond Road
Page 2
October 12, 2007
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning land for public purposes (or acceptance of cash in-lieu) dedications
in conjunction with the subdivision of land.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Zoning By-law. Conditions can be imposed by the Committee.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council accept a cash in-lieu Land for Public Purposes dedication for
the attached Cornish and Bernard Subdivision (Lots 06-01 & 06-02) at 3336
Loch Lomond Road.
2. That the Planning Advisory Committee grant a variance from the requirements of the
Zoning By-law that would reduce the minimum lot width requirement of 54 metres
(177 feet) to approximately 20 metres (66 feet) for proposed Lots 06-01 & 06-02 at
3336 Loch Lomond Road.
BACKGROUND:
On May 26, 1998 the Planning Advisory Committee considered a subdivision application from the
landowner to create four (4) unserviced residential lots. The proponent was willing to accept a
revised plan prepared by staff that would better facilitate the further subdividing of the subject
property and adjoining lands (see attached Staff Concept Plan - May 1998). The revised plan
also involved the granting of certain lot area and width variances by the Committee. The
Committee also granted a variance to allow the remainder (shown as Parcel A) to continue having
frontage onto two public streets. Finally, the Committee also recommended that Common
Council accept a cash in-lieu Land for Public Purposes dedication for this small subdivision
proposal. The lots were approved by the Development Officer on August 9, 1999.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection with this subdivision application.
Building and Technical Services has no concerns with this proposal.
Cornish and Bernard Subdivision
3336 Loch Lomond Road
Page 3
October 12, 2007
Saint John Energy previously indicated that the area is serviced by overhead facilities along
Loch Lomond Road and Norris Road.
Aliant Telecom has no servicing issues with regards to this matter.
Rogers has been advised of this application.
Maritimes & Northeast Pipeline has no concerns with this development.
N.B. Department of Public Health and Wellness has been advised of this subdivision proposal
for two further unserviced residential lots.
ANALYSIS:
The subject property is situated near the intersection of Loch Lomond Road and Norris Road in
East Saint John (see attachments). The applicant is seeking permission to further subdivide the
property into two unserviced residential lots. As mentioned in the Background section of this
report, the original property had been subdivided into four (4) unserviced residential lots (shown
as Lots 99-1 to 99-4) in 1999.
Requested Lot Width Variance
The area is zoned "RS-l" One and Two Family Suburban Residential. The proposed lots can
significantly exceed the area and depth requirements of the Zoning By-law, but technically they
only have widths of20 metres (66 feet). The By-law requires a minimum width of 54 metres (177
feet). Both lots would have ample area to accommodate the construction of one-family dwellings
further back from the public street. Approval of the requested lot width variances can be
recommended.
Land for Public Purposes
The Subdivision By-law requires a cash in-lieu Land for Public Purposes dedication for the
proposed further subdivision of the property. Such monies are used by the City to fund the
development and maintenance of public parks throughout the community. The Committee
recommended a cash in-lieu dedication for the previous subdivision involving four unserviced lots,
and it would be appropriate to accept a further cash dedication for the proposed final two lots.
Cornish and Bernard Subdivision
3336 Loch Lomond Road
Page 4
October 12, 2007
Future Development Potential
The Subdivision By-law requires landowners to subdivide their properties in a manner that
provides for the further subdivision of their own properties, as well as for the convenient
subdivision of undeveloped adjacent lands.
As already mentioned in this report, the Committee adopted a revised plan prepared by staff when
the original subdivision proposal was considered in 1998 (see attachments). The revised plan
provided for a possible new public road that could have been constructed from Norris Road and
extended eastward beyond the subject property. This would have allowed for the creation of four
lots on the subject property opposed to just two lots as now proposed. In addition, it would have
provided for the convenient subdivision of additional lots in the vicinity of a small lake to the
southeast (see attached location map).
With the subdivision of the subject property into two large lots it is very unlikely that a new street
from Norris Road would ever be constructed. The Committee could impose a condition
restricting any new homes (and accessory buildings) from being constructed in a manner that
would interfere with this possible future street, and in fact the applicant has even suggested a
willingness to such a condition, the reality is that with the additional complications of
landownership and the loss of four anticipated building lots to help finance street construction
costs, it may now be more practical to develop the neighbouring lands with a new road from
Owens Road. Therefore, either the proposed subdivision should not be permitted, and considered
premature until such time that a proposal also involving the subdivision of the lands to the east is
received, or if this proposed subdivision is considered acceptable it should be realized that such
further development is very unlikely to occur as initially anticipated.
Given the limited area of undeveloped land to the east, and the possibility to develop it from
Owens Road, staff can recommend approval of this subdivision application without any conditions
that would help provide for a future road from Norris Road over the subject property.
It should be noted that the Development Officer cannot endorse the final subdivision plan until
such time that written confirmation is received from N.R Department of Public Health Services
that proposed Lots 06-01 & 06-02 are suitable (or can be made suitable) for the installation of
private on-site facilities. The applicant is aware of this requirement and does not anticipate any
problems in obtaining such confirmation.
MRO
Project No. 07-385
.
PLANNING AND DEVELOPMENT I URBANISME ET DEVELOPPEMENT
\1 :
/--__~-~t- ;.
ell. Hlllct..t Rd.
---
Subject Site I site en question:
-
Location: 3336 Lech Lemond Rd.lch. Loch Lemond
Date: October I octobre 1. '2007
Scale I echelle: Not to scale I Pas a I'echelle
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s:
75 Douglas Lake Road,
Saint John,
New Brunswick,
E2N 2E2
Mr. O'Hearn
Planning Advisory Committee,
City of Saint John,
P.O. Box 1971,
Saint John, N.B.,
E2L 4Ll
Carol Galbraith
Dear Mr. O'Hearn,
I am against the proposed Cornish and Bernard subdivision.
I live just down the road from this property and when my husband and I
subdivided our property we had to have 60 meters of frontage for each lot. Also, our lots
had a depth of over 167 meters.
We were not allowed to make our lots smaller as the above mentioned owners
have been able to do with their other lots.
Now they have a small portion of frontage on the Norris Road that is far less
than ~ of the required minimum and the opening they have there is not as large as my
own driveway.
As far as I can see there wouldn't even be room for an emergency vehicle such
as a fire truck to gain entry to the property should the need arise.
Also, if you allow this application to go through, my husband and I should be
afforded the same privilege of only requiring 20 meters frontage for the rest of our
property .
Sincerely,
Carol Galbraith
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