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2007-12-03_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, December 03, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1. 1 (a)(b )( c) Legal Proceedings 10.2( 4)(g) 1.2 Legal Opinion 10.2(4)(f) 1.3 Property Matter 1 0.2( 4)( d) 1.4 Property Matter 1 0.2( 4)( d) Regular Meeting 1. Call to Order - Prayer 6:30 p.m. 2. Approval of Minutes 2.1 Approval of November 19, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Revised October 22, 2007 Minutes (Recommendation in Report) 5.2 ACAP Request to Present (Recommendation: Refer to Clerk to Schedule) 5.3 Terms of the 2007 Debenture Issue (Recommendation in Report) 5.4 Public Hearing Date 1010 Grandview Ave and 298 Westmorland Rd (Recommendation in Report) 5.5 Stop up and Closure Tiffany St (Recommendation in Report) 5.6 Acquisition Portion of 280 Grandview Ave Street Intersection Realignment Project (Recommendation in Report) 5.7 Host System Infrastructure Upgrade (Recommendation in Report) 5.8 Land Acquisition Watershed (Recommendation in Report) 5.9 Emera Brunswick Pipeline Co. Ltd. Occupational License Various Streets (Recommendation in Report) 5.10 Emera Brunswick Pipeline Permanent Access Agreement (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 7:15 p.m. 8.1 Public Private Partnerships CUPE 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Section 39 Amendment 1099 Golden Grove Rd 9.1 (b) Planning Advisory Proposed Amendment to Section 39 Conditions 1099 Golden Grove Rd 10. Consideration of By-laws 10.1 Third Reading Proposed Amendment to the Business Improvement Area By- law 10.2 Third Reading Proposed Street Closing By-law Amendment Emco Lane 11. Submissions by Council Members 11.1 Heritage Buildings Trust (Councillor Chase) 11.2 Parking at Millennium Dome (Councillor Farren) 11.3 Landscaping at Entrances to City (Councillor Farren) 11.4 Train Service (Councillor Farren) 11.5 Weekly Garbage Service (Councillor McGuire) 11.6 FCM Board Meetings (Councillor White) 11.7 Collapse ofInfrastructure (Councillor Titus) 11.8 Report on Federation of Canadian Municipalities (Councillor Court) 12. Business Matters - Municipal Officers 12.1 Solid Waste Management Service 12.2 Public Engagement Process Police Justice Facility 12.3 Acquisition 117 Union St 12.4 Sale of225 Prince William St Former Grain Elevator to Ellerdale Investments 12.5 Street Light Summary Report 13. Committee Reports 13.1 Vision 2015 Engagement of Chartwell Inc. 13.2 Saint John Waterfront Development Reversing Falls Update 13.3 Committee of the Whole Report Recommending Vision Statement 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, 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; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; A. Bodechon, Chief of Police; R. Simonds, Fire Chief, E. Gormley, Assistant Common Clerk and J. Ferrar, Administrative Assistant SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 19 NOVEMBRE 2007 A 18 H Sont presents: Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, 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; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; A. Bodechon, chef de police; R. Simonds, chef du service d'incendie, 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 Reverend Clayton Meisner offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par Ie maire McFarlane et Ie pasteur Clayton Meisner recite la priere d'ouverture. 2. Approval of Minutes 2.1 November 2, 2007 Common Council Minutes On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the minutes of the meeting of Common Council, held on November 2, 2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance du conseil communal tenue Ie 2 novembre 2007 Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Titus RESOLU que Ie proces-verbal de la seance du conseil communal tenue Ie 2 novembre 2007 soit approuve. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the minutes of the meeting of Common Council, held on November 5, 2007, be approved. Question being taken, the motion was carried. 2.2 Proces-verbal de la seance du conseil communal tenue Ie 5 novembre 2007 Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Titus RESOLU que Ie proces-verbal de la seance du conseil communal tenue Ie 5 novembre 2007 soit approuve. A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Titus RESOLU que I'ordre du jour de la presente seance so it adopte. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Dr. J.D. Stephenson requesting the reinstallation of the Stop Sign on Ragged Point Road be referred to the City Manager. 5.2 That the letter from Dr. J.D. Stephenson requesting the installation of appropriate warning signage concerning deer on Ragged Point Road be referred to the City Manager. 5.3 That the letter from Yvonne LeBlanc expressing various tax payer concerns be received for information. 5.4 That as recommended by the City Manager, the City of Saint John enter into the "Letter of Agreement" with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions as submitted hereto; and the Mayor and Common Clerk be authorized to execute the Letter of Agreement. 5.5 That as recommended by the City Manager, Contract 2007-43: Park Street Pump Station - Emergency Power Upgrade not be awarded and that the work in question be deferred for consideration in the 2008 Utility Fund Operating Budget. 5.6 That the letter from the City Manager with regard to the launch of a series of 4 City Market Collector Tins, be received for information. information. 5.8 That as recommended by the City Manager, the City of Saint John grant a license to Chipman Hill Suites Limited under the terms and conditions as contained in the submitted document and further that the Mayor and Common Clerk be authorized to execute same. 5.9 That as recommended by the City Manager, the City of Saint John sell its leasehold interest in PID Number 367870 to Rhoda Lynch for the sum of $7,100. plus HST if applicable subject to a 53 square metres +/- Municipal Services Easement (as shown on the submitted plan); and further that the Mayor and Common Clerk be authorized to execute all documents required to complete this sale of land. 5.10 That as recommended by the City Manager, the tender for the establishment of a supply agreement for the provision of sand, gravel and aggregate be awarded to the lowest bidder for each of the items tendered, as indicated on the submitted summary. 5.11 That as recommended by the City Manager, the tender for the supply of all necessary labour, materials and equipment required to supply drainage controls to the Lily Lake Pavilion, submitted by Gulf Operators Ltd., in the amount of $196,866.60 be accepted, and further that Council pre-approve the inclusion of funding to cover the cost of this project in the 2008 capital budget. 5.12 That as recommended by the City Manager, the tender submitted by Cox Electronics and Communications for the establishment of a supply agreement for the provision of level 1 and level 2 desktop computers, notebooks, and rough duty mobile computers for a period of 24 months, with an option for review and extension, for an additional term of up to 12 months, be accepted. 5.13 That as recommended by the City Manager, Common Council approve the submitted Letter of Agreement with Atlantic Health Sciences Corporation relative to the provision of communications services for the emergency medical service and authorize the Mayor and Common Clerk to execute the letter on behalf of the City. 5.14 That as recommended by the City Manager, the Mayor and Common Council be authorized to execute the Early Access Agreement for 225 Prince William Street. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre reyue du Dr J.D. Stephenson demandant la reinstallation du panneau d'arret du chemin Ragged Point soit transmise au directeur general. 5.2 Que la lettre reyue du Dr J.D. Stephenson demandant I'installation du panneau d'avertissement approprie indiquant Ie passage de chevreuils du chemin Ragged Point so it transmise au directeur general. 5.3 Que la lettre d'Yvonne LeBlanc exprimant diverses inquietudes au sujet du contribuable so it acceptee a titre informatif. 5.4 Comme Ie recommande Ie directeur general, que The City of Saint John passe une << lettre d'entente )) avec Emera Brunswick Pipeline Company Ltd. dans la forme et selon les modalites et conditions precisees et que Ie maire et Ie greffier communal soient autorises a executer la lettre d'entente. 5.5 Comme Ie recommande Ie directeur general, QUE Ie contrat 2007-43 relatif ala mnrll'>rniC:::Itinn rll'> 1'::Iliml'>nt::ltinn ~ll'>rtrinlll'> rll'> 1::1 c:t::ltinn rll'> nnmn::lnl'> c:itll~1'> nil'> P::Irk nl'> boites en fer-blanc a I'effigie du marche municipal pour collectionneurs soit acceptee a titre informatif. 5.7 Comme Ie recommande Ie directeur general, que Ie rapport presentant au conseil une mise a jour sur la qualite de I'eau potable et sur les sous-produits de desinfection so it accueilli a titre informatif. 5.8 Comme Ie recommande Ie directeur general, que The City of Saint John accorde un permis a Chipman Hill Suites Limited selon les modalites et conditions contenues dans Ie document presente et, en outre, que Ie maire et Ie greffier communal soient autorises a executer ledit permis. 5.9 Comme Ie recommande Ie directeur general, que The City of Saint John vende ses interets a bail dans la parcelle de terrain portant Ie NID 367870 a Rhoda Lynch pour la somme de 7 100 $ (Ia TPS en sus) Ie cas echeant sous reserve d'une servitude pour services municipaux d'environ 53 metres carres (comme il est indique dans Ie plan presente) et que, en outre, Ie maire et Ie greffier communal soient autorises a executer tous les documents requis pour terminer la vente de cette parcelle de terrain. 5.10 Comme Ie recommande Ie directeur general, que Ie contrat pour la mise en place d'une entente sur I'approvisionnement de sable, de gravier et de granulat soit accorde au soumissionnaire Ie moins disant dans chaque cas, comme I'indique Ie sommaire des soumissions presente. 5.11 Comme Ie recommande Ie directeur general, que Ie contrat pour I'approvisionnement de main-d'03uvre, de materiaux et d'equipement necessaires pour fournir des dispositifs de regulation du drainage au pavilion de Lily Lake, presente par Gulf Operators Ltd., au montant de 196866,60 $, so it accepte et que, en outre, Ie conseil approuve a I'avance I'inclusion des fonds dans Ie budget d'immobilisations de 2008 pour couvrir Ie cout de ce projet. 5.12 Comme Ie recommande Ie directeur general, QUE Ie contrat presente par Cox Electronics and Communications relatif a I'etablissement d'une entente sur I'approvisionnement des ordinateurs de bureau de niveau 1 et 2, des ordinateurs portatifs et des ordinateurs mobiles pour travaux rudes pour une periode de 24 mois, avec la possibilite d'examen et de prolongement d'une duree supplementaire pouvant aller jusqu'a 12 mois, soit accepte. 5.13 Comme Ie recommande Ie directeur general, Ie conseil communal approuve la lettre d'entente presentee a la Corporation des sciences de la sante de l'Atlantique relativement a la prestation de services de communication pour les services medicaux d'urgence et autorise Ie maire et Ie greffier communal a executer la lettre au nom de la Ville. 5.14 Comme Ie recommande Ie directeur general, que Ie maire et Ie conseil communal soient autorises a executer l'Entente relative a I'acces anticipe pour Ie 225, rue Prince William. Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Titus 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. 7.1 The Mayor proclaimed the week of November 18-24, 2007 as National Addictions Awareness Week in the City of Saint John. 7.2 The Mayor proclaimed November 2007 as Diabetes Awareness Month and November 14, 2007 as World Diabetes Awareness Day in the City of Saint John. 7. Proclamation 7.1 Le maire proclame la semaine du 18 au 24 novembre 2007 comme Semaine nationale de sensibilisation aux toxicomanies dans The City of Saint John. 7.2 Le maire proclame novembre 2007 comme Mois de sensibilisation au diabete et Ie 14 novembre 2007 comme Journee mondiale de sensibilisation au diabete dans The City of Saint John. 10. Consideration of By-laws 10.1 Public Presentation Proposed Municipal Plan Amendment - 99 Burpee Avenue A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re-designate on Schedule 2-A of the Plan, a parcel of land with an area of approximately 4000 square metres, located at 99 Burpee Avenue, also identified as being PID Number 00022731 and a portion of PID Number 00022723 from Major Community Facilities to Medium Density Residential. 10. Etude des arretes municipaux 10.1 Presentation publique relative a la modification proposee du plan d'amenagement visant Ie 99, avenue Burpee Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier la classification a I'annexe 2-A du plan, soit une parcelle de terrain d'une superficie approximative de 4000 metres carres situee au 99, avenue Burpee, inscrite sous Ie NID 00022731 et une portion de la parcelle de terrain portant Ie NID 00022723, afin de les faire passer de zone d'installations collectives majeures a zone residentielle de densite moyenne. 10.2(a)Third Reading Zoning By-law Amendment - 681-683 Chapel Street On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 110-56, A Law to Amend the Zoning By-law of the City of Saint John", re-zoning a parcel of land located at 681-683 Chapel Street, having an area of approximately 1,670 square metres, also identified as PID Number 00388934, from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C. P. 110-56, a Law to Amend the Zoning By-law of the City of Saint John" was read in its entirety. 10.2(b)Section 39 Conditions - 681-683 Chapel Street On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the re-zoning of the aforementioned lot be subject to the condition that the use of the building is limited to a maximum of three dwelling units, and that the land and any building or structure thereon must be rll'>\Il'>lnnl'>rl ::Inrl IIC:l'>rl in rnnfnrmihl with thl'> nrnnnC:::I1 ::Inrl rnnrlitinn irll'>ntifil'>rl hl'>rl'>in Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 110-56, A Law to Amend the Zoning By-law of the City of Saint John", re-zoning a parcel of land located at 681-683 Chapel Street, having an area of approximately 1,670 square metres, also identified as PID Number 00388934, from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "By-law Number C.P. 110-56, a Law to Amend the Zoning By-law of the City of Saint John". 10.2 a) Troisieme lecture du projet de modification de I'arrete sur Ie zonage relatif au 681-683, rue Chapel Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que I'arrete intitule <<Arrete nO C.P. 110-56, modifiant I'arrete de zonage de The City of Saint John, relativement au rezonage d'une parcelle de terrain situee au 681-683, rue Chapel, d'une superficie d'environ 1 670 metres carres, inscrite sous Ie NID 00388934, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales << R-2 )) a zone residentielle - habitations de quatre logements << R-4 )) fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule <<Arrete nO C.P. 110-56 modifiant I'arrete sur Ie zonage de The City of Saint John )) est lu integralement. 10.2b) Conditions imposees par I'article 39 visant Ie 681-683, rue Chapel Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Court RESOLU qu'en vertu des dispositions de I'article 39 de la Loi sur I'urbanisme, Ie rezonage du terrain susmentionne soit assujetti a la condition que I'usage de I'immeuble se limite a un nombre maximal de trois habitations et que Ie terrain et I'immeuble ou la construction qui s'y trouve, doivent etre amenages et utilises conformement a la proposition et aux conditions figurant aux presentes. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que I'arrete intitule <<Arrete nO C.P. 110-56, modifiant I'arrete de zonage de The City of Saint John, relativement au rezonage d'une parcelle de terrain situee au 681-683, rue Chapel, d'une superficie d'environ 1 670 metres carres, inscrite sous Ie NID 00388934, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales << R-2 )) a zone residentielle - habitations de quatre logements << R-4 )) fasse I'objet d'une troisieme lecture et que ledit arrete so it edicte et que Ie sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule << Arrete nO C. P. 110-56 modifiant I'arrete de zonage de The City of Saint John )). 10.3 Third Reading Zoning By-law Amendment - 256 Wyatt Crescent On motion of Councillor Court Seconded by Councillor White RI=~()I \/I=n th::lt thl'> h\l_I::Iwl'>ntitll'>rl "R\I_I::IW be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 110-57, a Law to Amend the Zoning By-law of the City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 110-57, A Law to Amend the Zoning By-law of the City of Saint John", re-zoning a parcel of land located at 256 Wyatt Crescent, having an area of approximately 1.03 hectares, also identified as PID Number 55107577, from "RS-2" One and Two Family Suburban Residential to "R-1 B" One Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "By-law Number C.P. 110-57, a Law to Amend the Zoning By-law of the City of Saint John". 10.3 Troisieme lecture du projet de modification de I'arrete sur Ie zonage visant Ie 256, croissant Wyatt Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que I'arrete intitule <<Arrete nO C.P. 110-57 modifiant I'arrete de zonage de The City of Saint John >>, relativement au zonage d'une parcelle de terrain situee au 256, croissant Wyatt, d'une superficie approximative de 1,03 hectare et inscrite sous Ie NID 55107577, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS-2 >> a zone residentielle - habitations unifamiliales << R-1 B >> fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule <<Arrete nO C.P. 110-57 modifiant I'arrete sur Ie zonage de The City of Saint John >> est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que I'arrete intitule <<Arrete nO C.P. 110-57 modifiant I'arrete de zonage de The City of Saint John >>, relativement au zonage d'une parcelle de terrain situee au 256, croissant Wyatt, d'une superficie approximative de 1,03 hectare et inscrite sous Ie NID 55107577, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS-2 >> a zone residentielle - habitations unifamiliales << R-1 B >>, fasse I'objet d'une troisieme lecture et que ledit arrete so it edicte et que Ie sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule << Arrete nO C. P. 110-57 modifiant I'arrete de zonage de The City of Saint John >>. 10.4 Third Reading Proposed Traffic By-law Amendment - Red Head Road On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by-law entitled, "A By-law to Amend A By-law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", amending Schedule "I" and "K" with regard to Red Head Road, be read. Amendments Thereto" was read in its entirety. On motion of Councillor White Seconded by Councillor Court RESOLVED that the by-law entitled, "A By-law to Amend A By-law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", amending Schedule "I" and "K" with regard to Red Head Road, 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, "A By-law to Amend A By-law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto". 10.4 Troisieme lecture du projet de modification de I'arrete relatif a la circulation visant Ie chemin Red Head Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que I'arrete intitule << Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes >> modifiant les annexes << I >> et << K >>, relativement au chemin Red Head, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule << Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur, 1973, et modifications afferentes >> est lu integralement. Proposition du conseiller White Appuyee par Ie conseiller Court RESOLU que I'arrete intitule << Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes >> modifiant les annexes << I >> et << K >>, relativement au chemin Red Head, fasse I'objet d'une troisieme lecture et 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 modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes >>. 10.5(a)Third Reading Proposed Zoning By-law Amendment - 282 Douglas Avenue 10.5(b)Section 39 Conditions 282 Douglas Avenue 10.5(c)Planning Advisory Committee Section 39 Conditions The Assistant Common Clerk advised that there were citizens who wanted to submit items earlier today regarding this matter, explaining that as the public hearing was held on November 5, 2007 explained that no further items can be accepted or considered. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 110-58, A Law to Amend the Zoning By-law of the City of Saint John", re-zoning a parcel of land located at 282 Douglas Avenue, having an area of approximately 2,070 square metres, also identified as being PID Numbers 00368555 and 55151294, from "SZ-20" Special Zone #20 to "RM-IF" Multiple Residentiallnfill classification, be read. they have been fair and consistent with the notice that has been given and that he believes no resident would have grounds for an appeal because of the notices that have been provided. On motion of Councillor Chang Seconded by Deputy Mayor Hooton RESOLVED that third reading for the proposed Zoning By-law Amendment for 282 Douglas Avenue be tabled until it has been confirmed by an engineer that there will be no repercussions with regard to the water drainage matter if Council proceeds with the amendment. Mayor McFarlane and Councillors spoke against the proposed motion stating that the applicant must comply with the Section 39 conditions. Councillor Chang explained that he wants information to come back to Council advising that if the excess drainage will impact the neighbours. Question being taken, the tabling motion was lost with the majority voting nay. Question being taken on the original motion, the motion was lost, with the majority voting nay. 10.5a) Troisieme lecture du projet de modification de I'arrete de zonage visant Ie 282, avenue Douglas 10.5 b) Conditions imposees par I'article 39 visant Ie 282, avenue Douglas 10.5 c) Conditions imposees par I'article 39 du Comite consultatif d'urbanisme La greffiere communale adjointe indique que des citoyens voulaient presenter des points a cet effet plus tot dans la journee, mais parce que I'audience publique a eu lieu Ie 5 novembre 2007, aucun autre point ne peut etre accepte ou examine. Proposition du conseiller Titus Appuyee par Ie conseiller White RESOLU que I'arrete intitule << Arrete n 0 C.P. 110-58 modifiant I'arrete de zonage de The City of Saint John >> relativement au rezonage d'une parcelle de terrain situee au 282, avenue Douglas, d'une superficie approximative de 2070 metres carres et inscrite sous les NID 00368555 et 55151294, afin de faire passer la classification s'y rapportant de zone speciale nO 20 << SZ-20 >> a zone d'edification de logements multiples sur terrain intercalaire << RM-IF >> , fasse I'objet d'une lecture. Une longue discussion s'ensuit avec M. Baird repondant aux questions sou levees concernant la politique du Comite consultatif d'urbanisme au sujet de I'avertissement des proprietaires residentiels habitant dans un rayon de 100 metres du 282, avenue Douglas, et soulignant que les avis reglementaires ont ete publies dans Ie journal local invitant la population a I'audience publique. II indique qu'ils ont ete justes et consequents avec Ie preavis accorde et que les residents n'auraient aucun motif d'appel, car des avis ont ete publies. Proposition du conseiller Chang Appuyee par la mairesse suppleante Hooton RESOLU que la troisieme lecture du projet de modification de I'arrete sur Ie zonage visant Ie 282, avenue Douglas, soit reportee jusqu'a ce qu'un ingenieur confirme qu'il n'y aura pas de repercussions en ce qui concerne Ie drainage de I'eau si Ie conseil adopte la modification. Le maire McFarlane et les conseillers se sont prononces contre la proposition presentee indiquant que Ie demandeur doit respecter les conditions imposees par I'article 39. Le conseiller Chang indique qu'il veut que Ie conseil soit informe si Ie drainage excedentaire touchera les residents avoisinants. A I'issue du vote, la proposition deposee est rejetee, la majorite votant contre la proposition. 8. Delegations/Presentations 8. Delegation et presentations 9. Public Hearings 9.1 (a) Proposed Amendment to the Business Improvement Area By-law 9.1 (b) Letter of Objection The Assistant Common Clerk advised the necessary advertising was completed with regard to the proposed amendment to the Business Improvement Area By-law, with one letter of objection received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the by-law entitled "A Law to Amend By-law Number BIA-1 Business Improvement Area By-law", with regard to expanding the business improvement area, be read a first time. Councillor Titus questioned if the company that submitted its objection to this amendment would be permitted to opt out of the new proposed area. The City Solicitor responded advising that by enacting this proposed amendment the business improvement area will be expanded resulting in any non residential property, within this area being subject to the levy whether they wish to participate or not, with no opportunity to opt out. Question being taken, the motion was carried with Councillor Titus voting nay. Read a first time by title, the by-law entitled, "A Law to Amend By-law Number BIA-1 Business Improvement Area By-law". On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the by-law entitled "A Law to Amend By-law Number BIA-1 Business Improvement Area By-law", with regard to expanding the Business Improvement Area, be read a second time. Question being taken, the motion was carried with Councillor Titus voting nay. Read a second time by title, the by-law entitled, "A Law to Amend By-law Number BIA-1 Business Improvement Area By-law". (Deputy Mayor Hooton and Councillor Chase withdrew from the meeting.) 9. Audiences publiques 9.1 (a) Projet de modification de I'arrete relatif a la zone d'amelioration des affaires 9.1 (b) Lettre d'objection La greffiere communale adjointe indique que les avis requis ont ete publies en ce qui concerne Ie projet de modification a I'arrete relatif a la zone d'amelioration des affaires et qu'une lettre d'objection a ete reyue. Le maire invite Ie public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller McGuire RESOLU que I'arrete intitule << Loi modifiant I'arrete nO BIA-1 relatif a la zone d'amelioration des affaires >> portant sur I'elargissement de la zone d'amelioration des affaires fasse I'objet d'une premiere lecture >>. sera assujettie a une taxe qu'elle souhaite y prendre part ou non et elle n'aura pas Ie choix de se retirer. A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. Premiere lecture par titre de I'arrete intitule << Loi modifiant I'arrete nO BIA-1 relatif a la zone d'amelioration des affaires >>. Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller McGuire RESOLU que I'arrete intitule << Loi modifiant I'arrete nO BIA-1 relatif a la zone d'amelioration des affaires >> portant sur I'elargissement de la zone d'amelioration des affaires fasse I'objet d'une deuxieme lecture >>. A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. Deuxieme lecture par titre de I'arrete intitule << Loi modifiant I'arrete nO BIA-1 relatif a la zone d'amelioration des affaires >>. (Le mairesse suppleante Hooton et Ie conseiller Chase quittent la reunion.) 9.2 Proposed Street Closing By-law Amendment - Emco Lane The Assistant Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law Amendment to stop up and close permanently a portion of Emco Lane. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor Farren Seconded by Councillor Ferguson 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 permanently stopping up and closing Emco Lane, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "By-law Number M-23, a By-law to Amend a By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John". On motion of Councillor Farren 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 permanently stopping up and closing Emco Lane, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "By-law Number M-23, a By-law to Amend a By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John". (Deputy Mayor Hooton and Councillor Chase re-entered the meeting.) 9.2 Projet de modification de I'arrete sur la fermeture de rues visant I'allee Emco La greffiere communale adjointe indique que les avis requis ont ete publies relativement au projet de modification de I'arrete sur la fermeture de rue en vue de fermer un tronyon Le malre Invite Ie PUOIIC a expnmer son appul quam a la moamcatlon proposee, mals personne ne prend la parole. Proposition du conseiller Farren Appuyee par Ie conseiller Ferguson 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 de I'allee Emco fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule << Arrete nO M-23 modifiant I'arrete concernant la fermeture et Ie barrage de routes dans The City of Saint John >>. Proposition du conseiller Farren 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 de I'allee Emco fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme 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 >>. (La mairesse suppleante Hooton et Ie conseiller Chase sont de nouveau presents a la reunion.) 9.3(a) Withdrawal of Application for Section 39 Amendment - 120 McDonald Street 9.3(b) Planning Advisory Committee 120 McDonald Street Proposed Section 39 Amendment On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the application for a proposed Section 39 Amendment for 120 McDonald Street be withdrawn as requested by the applicant, 502413 N.B. Ltd. Question being taken, the motion was carried. (Councillor Chang withdrew from the meeting.) 9.3 a) Retrait de la demande de modification des conditions imposees par I'article 39 visant Ie 120, rue McDonald 9.3 b) Comite consultatif d'urbanisme relativement a la modification proposee des conditions imposees par I'article 39 visant Ie 120, rue McDonald Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Titus RESOLU que la demande du projet de modification des conditions prevues a I'article 39 visant Ie 120, rue McDonald, soit retiree comme Ie reclame Ie demandeur 502413 N.B. Ltd. A I'issue du vote, la proposition est adoptee. (Le conseiller Chang quitte la reunion.) 11. Submissions by Council Members 11.1 Public Consultation Process Deputy Mayor Hooton asked if item # 11.15 could be brought forward for consideration at this time. On motion of Councillor Titus Seconded by Councillor White (Councillor Chang re-entered the meeting.) On motion of Deputy Mayor Hooton Seconded by Councillor Chase RESOLVED that the City Manager provide Council and the community with a report at the next Council meeting outlining the public consultation process the City intends to implement for planning the Police and Parking developments. Councillor Chase stated that as seconder of the above noted motion, he does not support considering 11.15 in conjunction with item 11.1, to which the Deputy Mayor agreed. A lengthy discussion followed with Council members speaking in support of public consultation Question being taken, the motion was carried. 11. Presentations des membres du conseil 11.1 Processus de consultation publique La mairesse suppleante Hooton demande si Ie point 11.5 peut etre examine des maintenant. Proposition du conseiller Titus Appuyee par Ie conseiller White RESOLU que Ie point 11.5 soit examine. A I'issue du vote, la proposition est adoptee. (Le conseiller Chang est de nouveau present a la reunion.) Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Chase RESOLU que Ie directeur general presente au conseil et a la collectivite, au cours de la prochaine reunion du conseil, un rapport decrivant Ie processus de consultation publique que la Ville se propose d'instaurer en vue de planifier les projets d'amenagement des quartiers generaux du corps de police et du terrain de stationnement. Le conseiller Chase declare que comme appuyeur de la proposition susmentionnee, il n'est pas en faveur de presenter Ie point 11.5 avec Ie point 11.1, ce qui est appuye par la mairesse adjointe. Une longue discussion s'ensuit apres quoi les membres du conseil se prononcent en faveur de la consultation publique. A I'issue du vote, la proposition est adoptee. 11.15 Cease Spending on North of Union Street On motion of Deputy Mayor Hooton Seconded by Councillor Ferguson RESOLVED that all spending cease on the North of Union Street project until a complete and thorough community consultation process has been completed. The Deputy Mayor explained that given the comments by Council members with respect to item 11.1 and their willingness to engage in a meaningful community consultation process, advised that she was withdrawing the proposed motion. 11.15 Cessation des depenses affectees au nord de la rue Union Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Ferguson RESOLU que toutes les depenses affectees au projet du nord de la rue Union cessent jusqu'a ce qu'un processus de consultation communautaire exhaustif soit termine. 11.2 Jake Brakes On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the issue of signs being posted asking truckers not to use their jake breaks near residential areas be referred to the City Manager and that the City Manager and appropriate staff report back to Council. (Councillors Chang and White withdrew from the meeting.) Question being taken, the motion was carried. 11.2 Freins Jacobs Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Court RESOLU que la question des panneaux affiches demandant aux camionneurs de ne pas utiliser leurs freins Jacobs pres des zones residentielles so it transmise au directeur general et que Ie personnel approprie presente un compte rendu au conseil. (Les conseillers Chang et White quittent la reunion.) A I'issue du vote, la proposition est adoptee. 11.3 Affordable Housing Development Forum On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that within the 2008 budget discussions, consideration be given to hosting an Affordable Housing Development Forum in Saint John including expert presenters as described in the submitted correspondence. (Councillors Chang and White re-entered the meeting and Councillors Farren and Tait withdrew.) Question being taken, the motion was carried. Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU, dans Ie cadre des discussions budgetaires de 2008, qu'une attention soit accordee a I'organisation de la Tribune concernant les logements abordables a Saint John, y compris les presentateurs specialistes decrits dans la correspondance presentee. (Les conseillers Chang et White sont de nouveau presents a la reunion et les conseillers Farren et Tait la quittent.) A I'issue du vote, la proposition est adoptee. 11.4 Grant Funding Applications On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that the City Manager implement a policy and coordinating program in respect to applications to funding programs. (Councillors Farren and Tait re-entered the meeting.) Question being taken, the motion was carried. 11.4 Presentation de demandes de financement Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que Ie directeur general instaure une politique et un programme de coordination concernant la presentation de demandes aux programmes de financement. (Les conseillers Farren et Tait sont de nouveau presents a la reunion.) A I'issue du vote, la proposition est adoptee. 11.5 Tree Activity Course On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the letter from Councillor Court be referred to the City Manager to evaluate the viability of a "Tree Go" activity in Rockwood Park and meet with both Martin Laviolette and Mike White to discuss and evaluate each proposal and report to Council with a recommendation. Question being taken, the motion was carried. 11.5 Activite relative aux arbres Proposition du conseiller Court Appuyee par Ie conseiller McGuire RESOLU que la lettre presentee par Ie conseiller Court soit transmise au directeur general afin d'evaluer la viabilite de I'activite << Tree Go >> dans Rockwood Park et que ce dernier rencontre Martin Laviolette et Mike White pour discuter et evaluer chaque proposition et presenter ensuite un compte rendu au conseil accompagne d'une recommandation. A I'issue du vote, la proposition est adoptee. On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor Court providing Council with an update on the Cities of New Brunswick Association General Meeting held in Moncton on October 19th and 20,2007, be received for information. Question being taken, the motion was carried. 11.6 Mise a jour de la reunion annuelle de I'ACNB Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que la lettre du conseiller Court dans laquelle il presente une mise a jour au conseil de la reunion annuelle de l'Association des cites du Nouveau-Brunswick qui s'est tenue a Moncton, les 19 et 20 octobre 2007, so it acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 11.7 Resignation from Saint John Development Corp. On motion of Councillor Tait Seconded by Councillor Titus RESOLVED that the letter from Councillor Tait tendering his resignation from the Saint John Development Corp. be referred to the Nominating Committee. Question being taken, the motion was carried. 11.7 Demission de la Saint John Development Corp. Proposition du conseiller Tait Appuyee par Ie conseiller Titus RESOLU que la lettre du conseiller Tait dans laquelle il presente sa demission de la Saint John Development Corp. so it transmise au comite des candidatures. A I'issue du vote, la proposition est adoptee. 11.8 Traffic Lights at East Point Development Corp. On motion of Councillor Court Seconded by Councillor Tait RESOLVED that staff respond to the questions raised by Councillor Court concerning the lighting system at East Point Development. A brief discussion followed with Mr. Totten responding to the questions raised. Question being taken, the motion was carried. 11.8 Feux de circulation a la East Point Development Corp. Proposition du conseiller Court Appuyee par Ie conseiller Tait RESOLU que Ie personnel reponde aux questions sou levees par Ie conseiller Court concernant Ie systeme d'eclairage a la East Point Development Corp. Une breve discussion s'ensuit avec M. Totten repondant aux questions soulevees. A I'issue du vote, la proposition est adoptee. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the letter from Councillor Farren referring to a motion of Council passed on July 16, 2007 which requested staff to report back to Council as to why Walter Vincent, who resides on the West Side, stated that the City was denying him access to his property, be referred to the City Manager and City Solicitor. Mayor McFarlane suggested this matter also be referred to the City Solicitor, to which the mover and seconder agreed. Question being taken, the motion was carried. 11.9 Rapport sur la propriete du quartier West Side Proposition du conseiller Farren Appuyee par Ie conseiller Court RESOLU que la lettre du conseiller Farren faisant allusion a une proposition du conseil adoptee Ie 16 juillet 2007 qui demandait au personnel de presenter un compte rendu au conseil expliquant pourquoi, Walter Vincent, qui habite dans Ie quartier West Side, declarait que la Ville lui niait I'acces a sa propriete, so it transmise au directeur general et a I'avocat municipal. Le maire McFarlane propose que cette question soit aussi transmise a I'avocat municipal. La proposition est acceptee par Ie proposeur et I'appuyeur. A I'issue du vote, la proposition est adoptee. 11.10 Special Events Position On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that the City Manager be directed to consider in next years budget a position that would be solely responsible for the enhancement of our City's sporting and festival events for Council's consideration. A brief discussion followed with Council members expressing their concerns on the City Manager being directed to include the proposed position in the 2008 budget; and suggesting that Mr. Totten be asked to consider the position. The mover and seconder agreement to amending the motion. Question being taken, on the motion as amended was carried. 11.10 Emplacement des evenements speciaux Proposition du conseiller Farren Appuyee par Ie conseiller Ferguson RESOLU que Ie directeur municipal reyoive la directive d'envisager un poste dans les prochains budgets qui serait entierement consacre a I'amelioration des evenements lies aux sports et aux festivals et qui serait soumis a I'examen du conseil. Une breve discussion s'ensuit avec les membres du conseil qui expriment leurs preoccupations a I'egard du fait que Ie directeur general reyoive la directive d'inclure Ie poste propose dans Ie budget de 2008 et qui laissent entendre que I'on devrait demander a M. Totten d'examiner Ie poste. Le proposeur et I'appuyeur acceptent de modifier la proposition. A I'issue du vote, la proposition telle que modifiee est adoptee. On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that the Common Clerk schedule a joint presentation to the Mayor and Councillors from the Department of Municipal Operations and the leadership group representing Crescent Valley. Question being taken, the motion was carried. 11.11 Amelioration du quartier Crescent Valley Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU que Ie greffier communal prenne les dispositions pour que Ie service des Operations et genie municipaux et Ie groupe de leadership representant Crescent Valley presentent un expose conjoint au maire et aux conseillers. A I'issue du vote, la proposition est adoptee. 11.12 Recent Newspaper Articles On motion of Councillor Court Seconded by Councillor White RESOLVED that the letter from Councillor Court with respect to recent newspaper articles, be received for information. Question being taken, the motion was carried. 11.12 Articles parus recemment dans les journaux Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que la lettre du conseiller Court au sujet des articles parus recemment dans les journaux soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 11.13 Municipal Projects Policy On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the City adopt a policy that all Municipal projects be evaluated for their environmental, social, cultural and heritage impact before being undertaken. During discussion Council members raised concerns with regard to the proposed motion expressing the view that Council is already taking these matters into consideration. Councillor Chase proposed an amendment, which was not seconded that Council affirm this policy. Question being taken, the motion was lost with the majority voting nay. 11.13 Politique sur les projets municipaux Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que la Ville adopte une politique pour que tous les projets municipaux soient evalues en fonction de leurs incidences environnementales, sociales, culturelles et patrimoniales avant d'etre entrepris. Pendant la discussion, les membres du conseil soulevent des preoccupations au sujet de la proposition presentee indiquant que Ie conseil prend deja ces questions en consideration. Le conseiller Chase propose une modification qui n'est pas appuyee pour que Ie conseil confirme cette politique. A I'issue du vote la orooosition est reietee La maiorite vote contre la On motion of Councillor Chang Seconded by Councillor Tait RESOLVED that the City Manager and appropriate staff be directed to brief Common Council on the findings of the feasibility study pertaining to the Fire Fighters' Training Center. Question being taken, the motion was carried. 11.14 Etude de faisabilite relative au centre de formation pour les pompiers Proposition du conseiller Chang Appuyee par Ie conseiller Tait RESOLU que Ie directeur general et Ie personnel pertinent reyoivent la directive d'informer Ie conseil communal sur les conclusions de I'etude de faisabilite relative au centre de formation pour les pompiers. A I'issue du vote, la proposition est adoptee. 11.16 Pension Chronology On motion of Councillor Chase Seconded by Councillor Tait RESOLVED that a chronology be produced of all pension matters, events, recommendations, decisions and actions and that this chronology be placed on the City's website, with any documents received by Council related to the pension linked within the chronology, and the City Manager report back to Council advising when this can be done. Question being taken, the motion as amended was carried with Councillor Titus voting nay. On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that the recommendation for Council to review alternate models of Pension Board membership on the City of Saint John's Pension Board and consider these for implementation, be referred to the City Manager and City Solicitor. Mr. Totten explained that if a change were to be undertaken with respect to the Board's membership, it would require an amendment to the Pension Act; and suggested this matter be referred to him and the City Solicitor as it is not a Pension Board matter but rather is advice to Council. Question being taken, the motion was carried. 11.16 Chronologie des pensions de retraite Proposition du conseiller Chase Appuyee par Ie conseiller Tait RESOLU qu'une chronologie soit produite pour tous les evenements, questions, recommandations, decisions et actions lies aux pensions et que cette chronologie soit affichee sur Ie site Web de la Ville avec des liens menant aux documents reyus par Ie conseil portant sur les pensions dans Ie cadre de cette chronologie et que Ie directeur general presente un compte rendu au Conseil indiquant quand ce travail sera effectue. A I'issue du vote, la proposition ainsi modifiee est adoptee. Le conseiller Titus vote contre la proposition. Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que la recommandation a I'intention du rnnC:l'>il I'>n \IIII'> rl'I'>Y::Iminl'>r rl'::IlltrI'>C: mnrl,:,II'>C: rll'> rnmnnc:itinn rll'>C: ml'>mhrl'>C: c:i~nl'>::Int ::III M. Totten explique que si un changement devait avoir lieu en ce qui concerne la composition des membres du conseil d'administration du regime de retraite, cela exigerait une modification de la Loi sur Ie regime de retraite. II propose que cette question soit transmise a lui et a I'avocat municipal, puisque ce n'est pas une question qui releve du conseil d'administration du regime de retraite, mais plutot un conseil dispense au conseil. A I'issue du vote, la proposition est adoptee. 12.1 2008 Council Meeting Schedule On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that Common Council approve the submitted 2008 Council meeting schedule including the proposed meeting date of December 27,2007. Question being taken, the motion was carried. 12.1 Calendrier 2008 des reunions du conseil Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller McGuire RESOLU que Ie conseil communal approuve la reunion du conseil de 2008, y compris la date de reunion proposee du 27 decembre 2007. A I'issue du vote, la proposition est adoptee. 12.2 Rothesay Avenue Broadway Avenue Intersection On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager the report updating Council with regard to the Rothesay Avenue Broadway Avenue intersection, be received for information. Question being taken, the motion was carried. On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that the meeting be extended beyond 10:00 p.m. as provided for in Council's Procedural By-law. Question being taken, the motion was carried with Councillor Titus voting nay. Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que, comme Ie recommande Ie directeur general, Ie rapport de mise a jour presente au conseil visant I'intersection de I'avenue Rothesay et de I'avenue Broadway, so it accepte a titre informatif. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Ferguson Appuyee par Ie conseiller Farren RESOLU que la seance so it prolongee au-dela de 22 h en vertu des dispositions de I'arrete concernant Ie reglement interieur du conseil. A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 12.3 Saint John West BIA On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager the Saint John West Business Association be advised of Council's willingness to only consider the more focused area outlined in the submitted plan. Responding to an inquiry, the City Manager advised that staff will be meeting with the Saint John West Business Association on December 10th at which time it was proposed by Council that this matter be tabled until the meeting is held and the City Manager reports back. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the report from the City Manager concerning the Saint John West Business Improvement Area be tabled. Question being taken, the tabling motion was carried. 12.3 Zone d'amelioration des affaires de Saint John Ouest Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU QUE comme Ie recommande Ie directeur general, la Saint John West Business Association Inc. (association commerciale du quartier ouest de Saint John), soit informee de la volonte du conseil de seulement tenir compte de la zone la plus concentree du plan presente. En repondant a une demande de renseignements, Ie directeur general indique que Ie personnel rencontrera la Saint John West Business Association, Ie 10 decembre, Ie conseil propose done que cette affaire so it reportee jusqu'a ce que se tienne la reunion et que Ie directeur general donne un compte rendu. Proposition du conseiller Farren Appuyee par Ie conseiller Court RESOLU que Ie rapport du directeur general relatif a la zone d'amelioration des affaires de Saint John so it depose. A I'issue du vote, la proposition visant a reporter I'examen de cette question est adoptee. 13.1 Planning Advisory Committee Recommending Subdivision 256 Wyatt Crescent On motion of Councillor Court Seconded by Councillor White RESOLVED that Common Council: easements. 2. Authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. Accept a cash-in-lieu Land for Public Purposes dedication for this proposed subdivision development. 4. Authorize cost-sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law. Question being taken, the motion was carried. 13.1 Comite consultatif d'urbanisme recommandant Ie projet de lotissement situe au 256, croissant Wyatt Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que Ie conseil communal: 1. Approuve Ie ou les plans de lotissement en une ou plusieurs phases conformement, de maniere generale, au plan provisoire revise du lotissement (parcelle << D >>) presente sur photo reduite par I'entrepreneur en construction Hart To Hart Builders Inc., y compris la nouvelle rue publique proposee (et prolongement) ainsi que les servitudes de services municipaux et d'utilite publique; 2. autorise la redaction et la signature de conventions de lotissement entre la Ville et Ie promoteur afin de permettre I'execution des travaux requis et la mise en place des installations necessaires, notamment en ce qui concerne I'elaboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef; 3. accepte une compensation pour Ie terrain d'utilite publique en vue du projet de lotissement envisage; 4. autorise Ie partage des couts au-del a des limites du projet de lotissement conformement a I'article 26 de I'arrete sur Ie lotissement. A I'issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee Recommending Assent to Subdivision 15, 19 and 21 Clayton Lane On motion of Councillor White Seconded by Councillor Court RESOLVED that Common Council accept a payment of money in lieu of land for public purposes (LPP) for the proposed Leila R. Cathline and Marilyn V. Simonds Subdivision located at 15, 19 and 21 Clayton Lane (portion of PID 311126) and, further, that Common Council assent to the plan with respect to any required municipal services easements and public utility easements. Question being taken, the motion was carried. 13.2 Comite consultatif d'urbanisme recommandant I'approbation du lotissement au 15, 19 et 21, allee Clayton Proposition du conseiller White Appuyee par Ie conseiller Court RESOLU que Ie conseil communal accepte une compensation monetaire contre un terrain d'utilite publique pour Ie projet de lotissement Leila R. Cathline et Marilyn V. Simonds situe au 15, 19 et 21 de I'allee Clayton (portion inscrite sous Ie NID 311126) et, en outre, que Ie conseil communal approuve Ie plan relativement a tout service municipal ou servitude d'utilite publique necessaire. 15 Milford Road On motion of Councillor White Seconded by Councillor Farren RESOLVED that Common Council assent to any required public utility easements necessary for the proposed subdivision of 5-15 Milford Road as generally illustrated on the submitted tentative plan. Question being taken, the motion was carried. 13.3 Comite consultatif d'urbanisme recommandant la servitude d'utilite publique aux 5 a 10, chemin Milford Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que Ie conseil communal approuve toute servitude d'utilite publique necessaire pour Ie projet de lotissement aux 15 a 10, chemin Milford Road tel que I'illustre generalement Ie plan de lotissement provisoire presente. A I'issue du vote, la proposition est adoptee. 13.4 Planning Advisory Committee Recommending Assent 242 Duke Street West Subdivision On motion of Councillor Court Seconded by Councillor White RESOLVED that Common Council assent to cash- in-lieu of Land for Public Purposes equal to 8% of the market value of the land in the subdivision at this time, inclusive of the private lane. Question being taken, the motion was carried. 13.4 Comite consultatif d'urbanisme recommandant I'approbation du lotissement au 242, rue Duke Ouest Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que Ie conseil communal approuve une compensation monetaire contre Ie terrain d'utilite publique egale a 8 % de la valeur marchande actuelle du terrain inclus dans Ie lotissement, y compris la voie privee. A I'issue du vote, la proposition est adoptee. 15.1 Letter from CUPE to Present to Council On motion of Councillor Chase Seconded by Councillor Court RESOLVED that the request from CUPE National Research to present to Council be referred to the Common Clerk to schedule a presentation; and they submit their report to the Clerk for the next meeting of Common Council. Question being taken, the motion was carried. 15.1 Lettre rec;ue de SCFP voulant se presenter devant Ie conseil Proposition du conseiller Chase Appuyee par Ie conseiller Court RESOLU que la lettre de demande reyue du service de la recherche du Syndicat canadien de la fonction publique (SCFP) presentee au conseil so it transmise au greffier communal afin d'organiser une presentation et que Ie SCFP remette son rapport au greffier communal en prevision de la prochaine seance du conseil communal. The Mayor declared the meeting adjourned at 10:15 p.m. 16. Levee de seance Le maire declare que la seance est levee a 22 h 15. Mayor/maire Assistant Common Clerk/Greffiere communale adjointe December 3,2007 His Worship Norm McFarlane and Councillors Your Worship and Councillors, Re: Revised Minutes - Common Council Meeting of October 22, 2007 At the October 22 meeting Council approved appointments to committees from a Committee of the Whole report of the same date. This item was inadvertently omitted from the minutes, as well as other minor errors, which were approved by Council on November 5,2007. The minutes have been revised and are attached. Recommendation: that Council approved the attached revised minutes of the October 22,2007 minutes. Sincerely, Elizabeth Gormley Assistant Common Clerk Attachment present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - 1. Totten, City Manager; B. Cullinan, Solicitor; C. Graham, Comptroller; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; R. Simonds, Fire Chief, B Morrison, Commissioner of Leisure Services; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, Ie 22 OCTOBRE 19 h 2007 Sont presents: Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et 1. Totten, directeur general; B. Cullinan, avocat municipal; C. Graham, controleuse; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; R. Simonds, chef du service d'incendie, B Morrison, commissaire aux services des loisirs; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. 1. Call to Order - Prayer Mayor McFarlane called the meeting to order and Rector Wally Corey of All Saints Anglican Church offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par Ie maire McFarlane et Ie pasteur Wally Corey, de I'eglise All Saints Anglican Church, offre la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on October 9,2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces-verbal Proposition du conseiller Titus Annll\l~1'> n::lr II'> rnnC:l'>illl'>r 'Mhitl'> 3. Adoption of Agenda On motion of Deputy Mayor Hooton Seconded by Councilor White RESOLVED that the agenda of this meeting be approved, with the addition of item 13.0, Committee of the Whole Report - Appointments to Committees. Question being taken, the motion was carried. 3. Adoption de I'ordre Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que I'ordre du jour de la presente reunion so it adopte, moyennant I'ajout du point 13.0, Rapport du Comite plenier - nominations pour sieger aux comites. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from East Point Inc. requesting a street name change from Ashburn Lake Road to Retail Drive, be referred to the City Manager. 5.2 That the submitted Saint John Police Force Operating Budget August YTD Results be received for Information. 5.3 That the letter from Darlene Richard to Appear before Council be referred to the Clerk to Schedule when the Noise By-law Amendment is considered. 5.4 That the Notice of Special Meeting for October 26, 2007 to deal with an anticipated recommendation by the Pension Board be referred to the Clerk to schedule. 5.5 That the request of the Saint John Development Corporation to include all forms of transportation in the design/construction of One-Mile House Interchange, be referred to the City Manager. 5.6 That the letter from Michael Burgess requesting to appear before Council be referred to the Clerk to schedule when the Noise By-law Amendment is considered. 5.7 That as recommended by the City Manager, the Public Hearing for the consideration of the passing of a By-law to Stop Up and Close 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. 5.8 That as recommended by the City Manager, Common Council initiate the process to consider a Municipal Plan amendment for the former grain elevator site, located at 243 Prince William Street, in anticipation of a rezoning application for a mixed commercial-residential development of the site. 5.9 That as recommended by the City Manager, 1. The City of Saint John enter into the License Agreement with Bell Canada in the form and upon the terms and conditions attached to the report, M&C #2007-337 for the purpose of erecting and installing a building, equipment and antennae on PID Number 00335893 to improve the telecommunications services provided by Bell Canada to rllc:tnml'>rc: in thl'> ::Irl'>::I' ::Inrl fllrthl'>r 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. 5.11 That as recommended by the City Manager, The City of Saint John enter into the submitted 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 of PID Number 369611, and that the Mayor and Common Clerk be authorized to sign the license. 5.12 That, as recommended by the City Manager, 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. 5.13 That, as recommended by the City Manager, 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. 5.14 That, as recommended by the City Manager, the report, Drinking Water Quality - Disinfection By-Products - October Update, be received for information. 5.15 That Common Council schedule the public hearing for the Section 39 amendment application of 502413 N.B Ltd. (120 McDonald Street) for Monday, November 19, 2007 at 7:00 p.m. in the Council Chamber. 5.16 That, as recommended by the City Manager, the tender submitted by Erb's Enterprises Ltd., in the amount of $275,000. 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. 5.17 That, as recommended by the City Manager, the City Market Tower Space Optimization Study be received for information. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 RESOLU que la lettre reyue de East Point Inc., relative au changement de nom du chemin Ashburn Lake afin de Ie renommer promenade Retail, soit transmise au directeur general. 5.2 RESOLU que Ie budget de fonctionnement du corps de police de Saint John - r""\:I___ .r:______:_._ :_______1___ ____:_ _II___^_.I.. __:.1.. ______J..~ ~ .I..:J...__ :__~_._____J..:J: la prevention de bruit excess if dans The City of Saint John. 5.4 RESOLU que I'avis de convocation d'une seance extraordinaire prevue Ie 26 octobre 2007 dans Ie but de traiter les recommandations eventuelles formulees par Ie conseil de retraite so it transmis au greffier communal pour qu'une date soit fixee. 5.5 RESOLU que la demande presentee par la Saint John Development Corporation voulant que tous les modes de transport soient pris en consideration lors de la conception et de la construction de I'echangeur de One-Mile House, so it transmise au directeur general. 5.6 RESOLU que la demande reyue de Michael Burgess voulant que lui so it accordee la permission de se presenter devant Ie conseil so it transmise au greffier communal pour qu'une date so it fixee relativement a I'examen de la modification de l'Arrete concernant la prevention de bruit excessif dans The City of Saint John. 5.7 RESOLU que, comme Ie recommande Ie directeur general, I'audience publique relative a I'examen de I'adoption d'un arrete visant a fermer et a barrer integralement la rue publique connue sous Ie nom d'allee Emco, soit tenue Ie lundi 19 novembre 2007, a 19 h, dans la salle du conseil. 5.8 RESOLU que, comme Ie recommande Ie directeur general, Ie conseil communal entame Ie processus d'examen d'une modification du plan municipal en ce qui a trait a I'emplacement de I'ancien elevateur a grain situe au 243, rue Prince William, en prevision de la demande de rezonage concernant un projet de developpement commercial et residentiel. 5.9 1. RESOLU que, comme Ie recommande Ie directeur general, The City of Saint John signe un contrat de licence avec Bell Canada conformement a la forme et aux conditions stipulees au present rapport (MC 2007-337) aux fins de la construction d'un immeuble et de I'installation d'equipement et d'une antenne sur Ie terrain inscrit sous Ie NID 00335893 dans Ie but d'ameliorer les services de telecommunications fournis par Bell Canada aux clients de la region; 2. et que Ie maire et Ie greffier communal soient autorises a signer ledit contrat. 5.10 RESOLU que, comme Ie recommande Ie directeur general, les contrats relatifs a la fourniture des divers produits chimiques utilises aux fins de traitement de I'eau potable municipale soient accordes au soumissionnaire Ie moins-disant dans chaque cas, comme suit: que Ie contrat relatif a I'hypochlorite de sodium et au chlore liquide so it accorde a Brenntag Canada Inc. et que Ie contrat relatif a I'acide hydrofluosilicique so it accorde a Min-chem Canada. 5.11 RESOLU que, comme Ie recommande Ie directeur general, The City of Saint John conclue I'entente ci-jointe avec Ocean Steel & Construction Ltd. visant Ie droit de construire, d'entretenir et d'exploiter un sentier pedestre, ainsi que toute construction connexe, sur Ie terrain designe comme la parcelle Z inscrite sous une partie du NID 369611 et que Ie maire et Ie greffier communal soient autorises a signer I'entente. 5.12 RESOLU que, comme Ie recommande Ie directeur general, Ie conseil communal: 1. accorde Ie contrat nO 2007-39 relatif a la phase V du passage du port - belvedere des Chutes reversibles, a Fairville Construction Ltd., au montant integral stipule de 695 000 $, TVH incluse, sous reserve d'une resolution satisfaisante de tous les problemes lies au terrain, comme I'auront determine Ie commissaire des Services des loisirs et Ie commissaire a I'urbanisme et au developpement, au plus tard Ie 12 decembre 2007. (Le contrat ne sera presente a Fairville Construction Ltd. aux fins de signature que lorsque les problemes lies au terrains seront resolus.) 2. Sous reserve de I'octroi du contrat susmentionne, approuve I'engagement de The Glenn Group pour (A) assurer les services d'inspection et de gestion de la phase V du _..._:_... ...J_ ......_1, ,'""...J..:......_ ...J_.... f"'h. ...._.... ...A, ._.......:......1_.... _.. n_........___ ...J.. __...... ,,:....__... 1_.... ......_, ,_. '" 5.13 RESOLU que, comme Ie recommande Ie directeur general, la proposition presentee par ADI Limited, relative aux services d'ingenierie (gestion de la conception et de la construction) pour Ie projet de modernisation de la station de relevement de Cedar Point, soit acceptee et que Ie maire et Ie greffier communal soient autorises a signer la documentation exigee a cet egard. 5.14 RESOLU que, comme Ie recommande Ie directeur general, la mise a jour d'octobre du rapport intitule << Qualite de I'eau potable - Sous-produits de desinfection, so it acceptee a titre informatif. 5.15 RESOLU que Ie conseil communal fixe la date d'une audience publique relative a la demande de modification des conditions prevues a I'article 39 presentee par 502413 N.-B. Ltd., (120, rue McDonald), au lundi 19 novembre 2007 a 19 h dans la salle du conseil. 5.16 RESOLU que, comme Ie recommande Ie directeur general, la soumission presentee par Erb's Enterprises Ltd., au montant de 275 000 $, relativement a I'approvisionnement de la totalite de la main-d'03uvre, du materiel, des outils et de I'equipement necessaires afin de construire un ajout au complexe des loisirs situe au 171, rue Adelaide, soit acceptee. 5.17 RESOLU que, comme Ie recommande Ie directeur general, I'etude sur I'optimisation des etals de la tour du marche municipal, soit acceptee a titre informatif. Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Titus 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 Proclamation Safe Crossing Week The Mayor proclaimed October 22-28, 2007 Safe Crossing Week in the City of Saint John. 7. Proclamation 7.1 Proclamation de la semaine Traversez en securite Le maire declare la semaine du 22 au 28 mai 2007, semaine Traversez en securite dans The City of Saint John. 9. Public Hearings 9.1 (a) Proposed Zoning by-law Amendment 170 St. John Street 9.1 (b) Planning Advisory Committee Report .1-..- r-o_____ r--I__I, _.-I~.:__.-I .&.I-._.&. .&.1-..- ________. _.-I~._......:_:__ ...__ ____1._.&.._.-1 ...:'&'I-. _____.-1 .&._ Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 16, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re-zone the above mentioned parcel of land located at 170 St. John Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re-zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re-zoning with Tim Harrigan advising that he is in agreement with staff recommendation. On motion of Councillor Chase Seconded by Councillor White RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land located at 170 St. John Street from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John". On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land located at 170 St. John Street from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John". 9. Audiences publiques 9.1a) Projet de modification de l'Arrete de zonage visant Ie 170, rue St. John 9.1 b) Rapport du Comite consultatif d'urbanisme Le greffier communal affirme que les avis requis ont ete publies relativement au rezonage propose d'une parcelle de terrain situee au 170, rue St. John, d'une superficie d'environ 460 metres carres, inscrite sous Ie NID 00365312, afin de faire passer la classification de zone residentielle - habitations unifamiliales et bifamiliales << R-2 >> a zone residentielle - habitations de quatre logements << R-4 >>, dans Ie but de permettre une habitation a quatre logements, et qu'aucune objection ecrite n'a ete reyue. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel de planification, etudie lors de la reunion du 16 octobre 2007, a laquelle Ie comite a decide de recommander I'approbation telle qu'elle est redigee dans la recommandation du personnel, et recommande que Ie conseil communal procede au rezonage des parcelles de terrain susmentionnees situees au 170, rue St. John, telles qu'elles sont decrites ci-dessus, conformement aux conditions prevues a I'article 39. Le maire invite Ie public a se prononcer contre Ie rezonage, mais personne ne prend la parole. Le maire invite Ie public a se prononcer en faveur du rezonage et Tim Harrigan indique qu'il appuie les recommandations du personnel. situee au 170, rue St. John, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales << R-2 >> a zone residentielle - habitations de quatre logements << R-4 >>, fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule << arrete modifiant l'Arrete de zonage de The City of Saint John >>. Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Farren RESOLU que I'arrete intitule << arrete modifiant Ie zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain situee au 170, rue St. John, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales << R-2 >> a zone residentielle - habitations de quatre logements << R-4 >>, fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule << arrete modifiant l'Arrete de zonage de The City of Saint John >>. 9.2(a) Proposed Zoning By-law Amendment 1964 Loch Lomond Rd. 9.2 (b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1964 Loch Lomond Road, by adding to the list of zones in Section 30(1), adding to Section 740(24), and by re-zoning the same parcel of land located at 1964 Loch Lomond Road also identified a being PID Numbers 00329003 and 55098826 from "RS-2" One and Two Family Suburban Residential to "SZ-24" Special Zone #24 as requested by Loch Lomond Veterinary Hospital, to permit upgrading of the existing veterinary hospital as well as the possible conversion of the existing dwelling to professional offices, with a letter of objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 16, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re-zone the above mentioned parcels of land located at 1964 Loch Lomond Road as described above, with Section 39 conditions. The Mayor called for members of the public to speak against the re-zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re-zoning with no one presenting. On motion of Councillor White Seconded by Councillor Titus RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land located at 1964 Loch Lomond Road adding to the list of zones in Section 30(1), adding to Section 740(24), and by re-zoning the same parcel of land located at 1964 Loch Lomond Road also identified as being PID Numbers 00329003 and 55098826 from "RS-2" One and Two Family Suburban Residential to "SZ-24" Special Zone #24 classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John". at 1964 Loch Lomond Road adding to the list of zones in Section 30(1), adding to Section 740(24), and by re-zoning the same parcel of land located at 1964 Loch Lomond Road also identified as being PID Numbers 00329003 and 55098826 from "RS-2" One and Two Family Suburban Residential to "SZ-24" Special Zone #24 classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John". 9.2a) Projet de modification de l'Arrete de zonage visant Ie 1964, chemin Loch Lomond 9.2b) Comite consultatif d'urbanisme Le greffier communal affirme que les avis requis ont ete publies relativement au rezonage propose des parcelles de terrain situee au 1964 chemin Loch Lomond, d'une superficie d'environ 460 metres carres, inscrite sous Ie NID 00365312, afin de faire passer la Le que Ie conseil communal procede au rezonage des parcelles de terrain situees au 1964, chemin Loch Lomond, en les ajoutant a la liste des zones dressee au paragraphe 30(1), en les ajoutant au paragraphe 740(24), et en procedant au rezonage de la meme parcelle de terrain situe au 1964, chemin Loch Lomond inscrite sous les NID 00329003 et 55098826, afin de faire passer la classification de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS-2 >> a zone speciale nO 24, a la demande de la clinique veterinaire Loch Lomond, afin de permettre la modernisation de la clinique veterinaire existante et I'agencement eventuelle de I'habitation actuelle en bureaux professionnels, et une lettre d'opposition a ete reyue. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel de planification, etudie lors de la reunion du 16 octobre 2007, a laquelle Ie comite a resolu de consentir a I'approbation du rapport, tel qu'il est redige dans la recommandation du personnel, et recommande que Ie conseil communal procede au rezonage des parcelles de terrain susmentionnees situees au 1964, chemin Loch Lomond, telle qu'elles sont decrites ci-dessus, conformement aux conditions prevues a I'article 39. Le maire invite Ie public a se prononcer contre Ie rezonage, mais personne ne prend la parole. Le maire invite Ie public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller White Appuyee par Ie conseiller Titus RESOLU que I'arrete intitule << arrete modifiant l'Arrete de zonage de The City of Saint John >>, modifiant Ie zonage d'une parcelle de terrain situee au 1964, chemin Loch Lomond, en I'ajoutant ala liste des zones dressee au paragraphe 30(1), en les ajoutant au paragraphe 740(24) et en procedant au rezonage de la meme parcelle de terrain situe au 1964, chemin Loch Lomond inscrite sous les NID 00329003 et 55098826, afin de faire passer la classification de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS-2 >> a zone speciale nO 24, fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule << arrete modifiant l'Arrete de zonage de The City of Saint John >>. Proposition du conseiller White Appuyee par Ie conseiller McGuire R~~()I II nilI'> 1'::Irre.t~ intitl i1~ a ::Irre.t~ mnrlifi::lnt sous les NID 00329003 et 55098826, afin de faire passer la classification de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS-2 >> a zone speciale nO 24, fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule << arrete modifiant l'Arrete de zonage de The City of Saint John >>. 9.3 Street Closing By-law Amendment Mill Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-law Amendment to stop up and close Mill Street with no written objections received. The Mayor called for members of the public to speak against the proposed Street Closing with no one presenting. The Mayor called for members of the public to speak in favour of the proposed Street Closing with no one presenting. On motion of Councillor Farren Seconded by Councillor White 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 Mill Street, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "By-law Number M-23, A By-law to Amend a By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John." On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number M-23, A By-law A to Amend a By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "By-law Number M-23, A By-law to Amend a By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John." 9.3 Modification de I'arrete sur la fermeture de routes visant la rue Mill Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification de I'arrete sur la fermeture de routes en vue de fermer et de barrer la rue Mill, et qu'aucune opposition par ecrit n'a ete reyue. Le maire invite Ie public a se prononcer contre la fermeture de la rue, mais personne ne prend la parole. Le maire invite Ie public a se prononcer en faveur de la fermeture de la rue, mais personne ne prend la parole. Proposition du conseiller Farren Appuyee par Ie conseiller White 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 rue Mill, fasse I'objet d'une premiere lecture. concernant la fermeture et Ie barrage de routes dans The City of Saint John >>. Proposition du conseiller Farren Appuyee par Ie conseiller White 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 >> fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme 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 >>. 10. Consideration of By-laws 10.1 (a) Plebiscite - Poll Declaration 10.1 (b) Ward System of Election 10.1 (c) Composition and the Election of Common Council By-law On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Common Council proceed with the first and second readings of the by-law entitled, "By-law Number M-31, A By-law Relating to the Composition and the Election of the Common Council". Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number M-31, A By-law Relating to the Composition and the Election of the Common Council", be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "By-law Number M-31, A By-law Relating to the Composition and the Election of the Common Council". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number M-31, A By-law Relating to the Composition and the Election of the Common Council", be read a second time." Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "By-law Number M-31, A By-law Relating to the Composition and the Election of the Common Council". 11. Etude des arretes municipaux 10.1 a) Referendum - Declaration d'elections 10.1 b) Systeme electoral par quartiers 10.1 c) Arrete relatif a I'election des membres du conseil communal et a sa formation Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que Ie conseil communal procede aux premiere et deuxieme lectures de I'arrete intitule << arrete nO M-31 relatif a I'election des membres du conseil communal et a sa formation >>. A l'iC:C:III'> rlll \IntI'> 1::1 nrnnnc:itinn I'>c:t ::Irlnnt~1'> a I'election des membres du conseil communal et a sa formation >> fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule <<Arrete nO M-31 relatif a I'election des membres du conseil communal et a sa formation >>. Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que I'arrete intitule << Arrete nO M-31 relatif a I'election des membres du conseil communal et a sa formation >> fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule <<Arrete nO M-31 relatif a I'election des membres du conseil communal et a sa formation >>. 11. Submissions by Council Members 11.1 Strategies in Developing and Funding Infrastructure Projects (Councillor Chase) On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that: 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 undertake case studies of several private-public partnerships similar to infrastructure projects currently under consideration for Saint John. 3. a provincial/municipal delegation be organized to attend the Canadian Council of Private-Public Partnerships to be held in November, 2007. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Strategies relatives a la conception et au financement des projets d'infrastructure (conseiller Chase) Proposition du conseiller Chase Appuyee par la mairesse suppleante Hooton RESOLU que: 4. Ie conseil prevoie un atelier de formation sur les partenariats public-prive anime par des experts qui puissent donner des conseils strategiques sur I'infrastructure, les gouvernements et les services publics au Canada; 5. Ie conseil procede a I'etude de plusieurs cas de partenariats public-prive qui traitent des projets d'infrastructure semblables a ceux envisages a I'heure actuelle a Saint John; 6. so it organisee une delegation provinciale/municipale pour assister a la seance du Conseil canadien pour les partenariats public-prive prevu en novembre 2007. A I'issue du vote, la proposition est adoptee. 11.2 Plans for Simms Corner (Councillor Chang) On motion of Councillor Chang Seconded by Councillor McGuire RI=~()I \/I=n th::lt thl'> r.ihl 1\J1::1n::lnl'>r hI'> rlirl'>rtl'>rl tn 11.2 Plans pour Ie coin Simms (conseiller Chang) Proposition du conseiller Chang Appuyee par Ie conseiller McGuire RESOLU que Ie directeur general so it charge, au cours de la prochaine seance du conseil, de presenter une mise a jour sur les preoccupations actuelles, les progres realises et les previsions dans Ie cadre du coin Simms. A I'issue du vote, la proposition est adoptee. 11.3 Water Conservation (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City Manager be directed to request Saint John Water to develop a plan for "Water Guide for Houses Program" with recommendations and incentives for rate payers. Question being taken, the motion was carried. 11.3 Conservation de I'eau (conseiller Titus) Proposition du conseiller Titus Appuyee par Ie conseiller McGuire RESOLU que Ie directeur general so it charge de demander aux responsables du reseau d'aqueduc d'elaborer un guide de conservation de I'eau a la maison comprenant des recommandations et des mesures incitatives adressees aux contribuables. A I'issue du vote, la proposition est adoptee. 11.4 UNBSJ Tucker Park (Councillor Titus) On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that Common Council communicate to the Premier the contents of the submitted letter from Councillor Titus relating to UNBSJ Tucker Park, and reaffirm its position that Council made Tucker Park lands available for just one purpose: the establishment of a Saint John Campus of the University of New Brunswick. Question being taken, the motion was carried. 11.4 Parc Tucker - UNBSJ (conseiller Titus) Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller Titus RESOLU que Ie conseil communal transmette au premier ministre la lettre presentee par Ie conseiller Titus relativement au pare Tucker a I'UNBSJ et expose sa position de nouveau voulant que Ie terrain qui comprend Ie pare Tucker ne so it utilise qu'a une seule fin, a savoir I'amenagement d'un campus de l'Universite du Nouveau-Brunswick a Saint John. A I'issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Motocross Track - Ocean Westway On motion of Councillor Farren ~I'>rnnrll'>rl h\l r.nllnrillnr 'Mhitl'> Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Piste de moto-cross - Voie Ocean Ouest Proposition du conseiller Farren Appuyee par Ie conseiller White RESOLU que Ie rapport presente par I'avocat municipal, affirmant qu'on pourrait demontrer, a I'appui de preuves suffisantes, que I'utilisation des terres sur la voie d'acces Ocean Ouest comme piste de moto-cross contrevient a l'Arrete de zonage de la ville, soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 12.2 Update Respecting a New Minimum Property Standards By-law On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the letter from the City Solicitor updating Council on a new Minimum Property Standards By-law, be received for information. Question being taken, the motion was carried. 12.2 Mise a jour relative au nouvel arrete sur les normes minimales applicables aux biens-fonds Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que la lettre de mise a jour presentee au conseil par I'avocat municipal relative a un nouvel arrete sur les normes applicables au bien-fonds, so it acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.0 Committee of the Whole Report - Appointments to Committees On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that Council make the following appointments: Saint John Free Public Library: Nicholas Barfoot and Suzanne Ball re-appointed for a 3 year term ending October 22, 2010. Saint John Transit Commission: Lionel Bordage and Donna Reardon for a term of 3 years ending October 22,2010. Saint John Board of Police Commissioners: Amanda Masters for a term of 3 years ending October 22,2010. Saint John Development Corporation: Peter Asimakos and Brian Cunningham for a term of 3 years ending October 22,2010. Question being taken, the motion was carried. 13.1 Planning Advisory Committee - Cash in-lieu of Land for Public Purposes l-li11~rl':..:~t I ;Ik.". Fd;lt.".~ ~lIhrli\li~inn in-lieu Land for Public Purpose dedication for the creation of proposed Lot 9 at 290 Hillcrest Road and assent to any necessary public utility easements for this subdivision. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Compensation monetaire contre I'affectation d'un terrain d'utilite publique pour Ie lotissement Hillcrest Lake Estates (phase 5) situe au 290, chemin Hillcrest Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que Ie conseil communal accepte une compensation monetaire contre I'affectation d'un terrain d'utilite publique aux fins d'amenagement du lot 9 propose au 290, chemin Hillcrest et autorise I'etablissement de toute servitude necessaire aux services publics pour ce lotissement. A I'issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee - 2100 Sandy Point Road Subdivision and Variances On motion of Councillor White Seconded by Councillor Court RESOLVED that Common Council 1. 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. 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. Question being taken, the motion was carried. 13.2 Lotissement et modifications visant Ie 2100, chemin Sandy Point Proposition du conseiller White Appuyee par Ie conseiller Court RESOLU que Ie conseil communal 3. autorise un ou plusieurs plans de lotissement, sur une ou plusieurs phases, relativement aux quatre lots non amenages proposes situes au 2100, chemin Sandy Point et toute servitude exigee aux fins des services municipaux ou d'utilite publique; 4. autorise une compensation monetaire contre I'affectation du terrain d'utilite publique egale a 6 % de la valeur marchande du terrain inclus dans Ie lotissement au moment de la demande d'autorisation du plan de lotissement. A I'issue du vote, la proposition est adoptee. 13.3 Planning Advisory Committee - Cash in Lieu of Land for Public Purposes Cornish and Bernard Subdivision 3336 Loch Lomond Road On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Common Council accept a cash in-lieu I ::Inrl fnr Pllhlir Pllrnnc:l'> rll'>rlir::ltinn fnr thl'> C:llhmittl'>rl r.nrnic:h ::Inrl Rl'>rn::lrrl ~llhrli\lic:inn 13.3 Compensation monetaire contre I'affectation d'un terrain d'utilite publique pour Ie lotissement Cornish et Bernard situe au 3336, chemin Loch Lomond Proposition de la mairesse suppleante Hooton Appuyee par Ie conseiller White RESOLU que Ie conseil communal accepte une compensation monetaire contre I'affection d'un terrain d'utilite publique pour Ie lotissement Cornish et Bernard (lots 06-01 et 06-02) situe au 3336, chemin Loch Lomond. A I'issue du vote, la proposition est adoptee. 8. Delegations / Presentations 8.1 Mayor's Task Force UNBSJ and NBCC Referring to a submitted presentation Daryl Wilson, Chair of the Mayor's Task Force on UNBSJ and NBCC advised that there is a revised report which was distributed. He proceeded to review the 7 recommendations of the Task Force's report, and gave rationales behind each. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the report and recommendations submitted by the Mayor's Task Force on UNBSJ and NBCC be referred to the City Manager for follow-up and report back to Council, investigate previous studies on the economic impact of UNBSJ on the community, and that a copy of the Task Force report and any studies be sent to the Premier for consideration by his Task Force on Post Secondary Education. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting.) 8. Delegation et presentations 8.1 Groupe de travail du maire Se reportant a une presentation soumise, Daryl Wilson, president du groupe de travail du maire sur I'UNBSJ et Ie CCNB distribue Ie rapport revise, souligne les sept recommandations formulees dans Ie rapport du groupe de travail et Ie raisonnement a I'appui de chacune de celles-ci. Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que Ie rapport et les recommandations presentees par Ie groupe de travail du maire dans Ie cadre de I'UNBSJ et du CCNB soient transmis au directeur general aux fins de suivi, de compte rendu devant Ie conseil et d'enquetes sur les etudes anterieures en matiere d'incidences economiques de I'UNBSJ sur la collectivite et qu'un exemplaire du rapport du groupe de travail et tout document de travail pertinent soient transmis au premier ministre aux fins d'etude par son groupe de travail sur I'education postsecondaire. A I'issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la reunion.) 8.2 River Road Community Alliance Referring to a submitted electronic slide presentation, Philip Lee, President of the River Rn::lrl r.nmmllnihl Alli::lnrl'> Inr I'>vnl::linl'>rl thl'> nllrnnc:l'> nf thl'> nrn::lni7::1tinn HI'> nlltlinl'>rl Seconded by Councillor McGuire RESOLVED that the presentation from the River Road Community Alliance Inc. requesting assistance for the community as outlined in the submitted report, be referred to the City Manager. Question being taken, the motion was carried. 8.2 Alliance communautaire du chemin River Se reportant a une presentation electronique soumise, Philip Lee, president de l'Alliance communautaire du chemin River inc., explique les objectifs vises par I'organisme. Philip Lee enonce les besoins a court terme et a long terme de la collectivite et demande au conseil un financement, une planification et une representation dans Ie processus decisionnel. Proposition du conseiller White Appuyee par Ie conseiller McGuire RESOLU que la presentation de l'Alliance communautaire du chemin River inc. sollicitant de I'aide pour la collectivite telle qu'elle est definie dans Ie rapport soumis, soit transmise au directeur general. A I'issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:30 p.m. 16. Levee de seance Le maire declare que la seance est levee a 21 h 30. Mayor/maire Assistant Common Clerk/greffiere communale ATIANTIC COASTAL ACDON PROOUM: 1 EXECUTIVE ~ I President Jean MacDonald I st Vice President Terry Connier 2nd Vice President Don Shaw Treasurer David Muir Secretary Mike Griffm DIRECTORS Gordon Dalzell Patrick Desmond Keith Fowler Rob McAndrew Brenda MacCallum Claude MacKinnon David Methven Craig Silliphant Rick Turner Sarah Werner Wade Cole Executive Director Tim Vickers ACAP Saint John 76 Germain St. P.O. 6878 Stn. A Saint John, NB - E2L 483 Tel: (506) 652-2227 - Fax: (506) 633-2184 Email:acapsj@rogers.com-web:acapsj.com November 15, 2007 City Hall Clerks Office 8th Floor, City Hall Saint John, NB Re: Presentation to City Council in January or February of 2008 Dear Mayor and Councillors, ACAP Saint John requests the opportunity to provide you with an update of our newly proposed Marsh Creek Restoration Initiative. This proposal represents a living example of sustainable urban development, and is in keeping with the Vision 2015 principles. ACAP believes that, next to Harbour Cleanup, the Marsh Creek Restoration Initiative will represent the most significant envirorunental advancement in Saint John in modem history. If you have any questions, or require clarification of the specifics of the presentation, please contact me at the ACAP office. Tim Vickers Executive Director OPEN SESSION M & C 2007 - 377 November 28, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Councillors: SUBJECT: Terms of the 2007 Debenture Issue BACKGROUND: On November 2, 2007, the New Brunswick Municipal Finance Corporation negotiated the sale of a bond issue in the amount of $56,700,000, of which $13,200,000 related to the City of Saint John 2006/2007 Capital Program. ANAL YSIS: The terms of the issue as they relate to Saint John are as follows: Term: 10 year, serial form $13,200,000. Coupon Rate: Year 1 - 4.450 Year 2 - 4.450 Year 3 - 4.500 Year 4 - 4.550 Year 5 - 4.600 Year 6 - 4.650 Year 7 - 4.650 Year 8 - 4.750 Year 9 - 4.800 Year 10- 4.850 Price: $99.13 Average Yield: 4.869% Settlement Date: November 23, 2007. M & C 2007 - 377 November 28, 2007 Page 2 Note: With respect to the General Fund debt is now being amortized over a fifteen year period and for the Water & Sewerage Utility debt is being amortized over a 20 year period. As a result a portion of the current debenture issue will have to be refinanced after the initial 10 year term. For the General Fund $2,280,000 will be refinanced in 2017 for a period not to exceed five years, for the Transit issue $203,000 will be refinanced in 2017 for a period not to exceed five years, and for the Water & Sewerage Utility, $3,850,000 will be refinanced in 2017 for a period not to exceed ten years. RECOMMENDATION: It is recommended that the Mayor and Common Clerk be authorized to sign the debentures between the City and the New Brunswick Municipal Finance Corporation for $13,200,000 at the terms listed above. Respectfully submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance Terrence L. Totten, F.C.A. City Manager M & C - 2007 - 381 November 28,2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Date -1010 Grandview Avenue and 298 Westmorland Road BACKGROUND: As provided in Common Council's resolution of August 3,2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone New Wave Electric 10 10 Grandview "RS-2" "B-2" To construct a Co. Ltd. Avenue business office Sheri Israel 298 Westmorland "RS-2" "B-2" To establish a Road retail store in the existing building RECOMMENDA TION: That Common Council schedule the public hearings for the rezoning applications of New Wave Electric Co. Ltd. (1010 Grandview Avenue) and Sheri Israel (298 Westmorland Road) for Monday, January 7,2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager M & C -2007-378 November 30,2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Stop-up and Closure Tiffany Street (portion of) BACKGROUND: Council is very familiar with the Transit Commission's plan to relocate its facility and operation from its Fairville Boulevard site to allow for future retail development. The Transit Commission has purchased land from Irving Oil Limited fronting onto MacDonald Street for the purpose of constructing a new Transit Facility. The City has acquired a residential property, identified as Lot "A" on the attached survey plan, with plans to demolish the buildings to allow the site to be used in conjunction with the Transit Commission. Due to the acquisition of Lot "A", the City is able to stop-up and close a portion of Tiffany Street, which is no longer required to provide access to this individual lot. This portion of Tiffany Street when stopped-up and closed can then be utilized as part of the developed site for the new facility. The recommendation contained in this report will facilitate the process for the required street closure. RECOMMENDA TION: That the Public Hearing for the consideration of the passing of a By-law to Stop Up and Close an 836 square metre::l: portion of a public street, known as Tiffany Street, be set for Monday, January 21,2008 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 :I ',. · I Ii : l i tll. uP. i.1 I Uiin I J . i .i ), I i ~: h i~ "~ I !I1';!!iJiIP~ I mm 4 h' .Ili,~: !; i!!I If II~J il1fllli ~~i16ri~1 !' ~GI~ t l ~ijljll · .11 J! ~~kj: ii .~!'fi ~d!,J k!fr1lt:i I !~!~ hit!!ji .: Iii :~ ~~; n ;!lllli Illrl d'l,'1; It~:gil 11 N Iln~ 1 JI fllUll .t! I II ii- If I ..11!h 11 ill!:I II ift II:. ~!!!~ J 0 I .) 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Ii f I 111L.~: b.iYi: . .:::: :,:::: ~ ".... :~~~ ~.~ lM4S ~ atl I.R , autIt .. en~ ~ r.>>i tS -"', / M & C - 2007-375 November 30,2007 His Worship Mayor Norm McFarlane Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of 280 Grandview Avenue (portion of) Street Intersection Realignment Project BACKGROUND: Over the past number of years, there has been a significant increase in the volume of traffic at the street intersection at Grandview Avenue and Bayside Drive. The current design of this street intersection no longer provides for a suitable flow of traffic through this intersection. There are a number of factors for increased traffic flow, including: increased traffic from the nearby oil refinery and a higher volume of residential motorists from East Saint John. The planned One Mile Interchange will also facilitate the "funnelling" of increased industrial traffic along Bayside Drive to the two east side industrial parks and to the existing and proposed projects located in the Red Head/Mispec area. The City's Engineering Department determined the Grandview A venue/Bayside Drive intersection needed to be redesigned/reconstructed to allow for the increased present and anticipated traffic volumes. ANALYSIS: There are approximately five parcels of land the City needs to acquire in order for this project to proceed; two J.D. Irving properties, one from Lafarge Canada Inc., a railway crossing agreement and one parcel from Shilco Holdings Inc. There have been a number of meetings and conversations with Mr. Jim Shillington, owner of Shilco Holdings Inc. regarding their parcel of land required for this project. The area required would include the majority of landscaped area west of the present parking lot; consisting of approximately 1,096 square metres (11,798 square feet). The acquisition of this parcel would allow the south end of Grandview Avenue to be reoriented so that it would be perpendicular to Bayside Drive. Report to Common Council November 30,2007 Page 2 Real Estate Services have negotiated an accepted offer of$21,500.00 (subject to Common Council approval) with Shilco Holdings Inc. to acquire the land, identified as Parcel "A" on an attached plan. This translates to an offer of $19.60 per square metre, which is very comparable to other recent industrial land sales in the area, including those in the nearby industrial parks. Should Council wish to proceed with the acquisition of Parcel "A", the following recommendation will facilitate this land transfer. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in the property identified as Parcel "A" shown on an attached plan, being a portion ofPID Number 36236, having an area of approximately 1,096 square metres, from Shilco Holdings Inc. for the sum of$21,500.00 plus H.S.T. (if applicable). 2. The City of Saint John will prepare any plan of subdivision/survey required for conveyance purposes. 3. Pay up to a maximum of $600.00 plus H. S. T. (if applicable) the legal costs incurred by Shilco Holdings Inc. to finalize this transaction, and any applicable processing fees from financial institutions and all registration fees necessary to secure the City's interest. 3. That the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, FCA City Manager CL/c Planning and Development Real Estate Services ( ~,\'o"" <f'4' Irving Oil Refinery ; o . oon3830 00036806 00J.4e~81 1\80(' .~3':l~\ "" .", ~ 0030"691 Description of Plan: Acquisition of portion of land to facilitate redevelopment of street intersection between Grandview Avenue and Bayside Drive. PID:36236 Address: 280 Grandview Avenue N ~ A pan:N/A Date: November 29, 2007 / / / / / / / / / / / / / / / / / / / / / / / / / / / " '" , z o ::0 -; 1: / / / / / / / / / / / / / / " " " z Cl) C) ::0 5 PID# 00036236 SHILCO HOLDINGS INC. 280 GRANDVIEW AVE ~ SA YSIDE DRIVE MUNICIP AL OPERATIONS Ie ENGINEERING PROPERTY ACQUISITION City of Saint John OWN. BY M. A. M . DATE May23/07 SCALE 1:500 REV. No. DWG. No. CHECKED BY DATE December 03, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Councillors: SUBJECT: Host System Equipment Upgrade BACKGROUND The City operates a complex computer infrastructure required to meet the constantly increasing demands and expectations of various technologies required by system users. The purpose of this report is to inform Common Council of the need to purchase new Host System Equipment required to upgrade the current infrastructure. The City's core underpinning Host System infrastructure has reached the end of its lifespan. This infrastructure supports the organization's e-mail system, file and print capabilities and data base systems. The proposed purchase of the new Host System Equipment will provide for uninterrupted access to these systems and capabilities, if a failure to the primary system should occur. ANAL YSIS The Province of New Brunswick has established a supply agreement for the supply of servers and other equipment. The City of Saint John has recognized the need to purchase a New Host System and has available to it two possible options to address that need. The City can call for competitive bids or exercise its rights under the Public Procurement Act of the Province of NB and purchase the equipment it needs from the province's supply contract. Experience has demonstrated that in matters such as this that the market is limited and should the City opt to stand alone and call a tender for bids that it can anticipate receiving only one offer - that offer would be from the company presently under contract to the Province Report to Common Council December 03, 2007 Page 2 It is for this reason that staff have recommended to Council to wave the tender requirement in favour of the alternative approach. FINANCIAL IMPLICATIONS This is a planned expenditure and as such funds to cover the $111,750.00 cost to upgrade the Host System Server are available in the 2007 Capital Budget. INPUT FROM OTHERS The City's Purchasing Agent has reviewed this request and is supportive of the recommended approach to addressing the need identified. RECOM MENDA TIONS It is recommended that Common Council approve the purchase of HP Host System equipment, necessary to allow for the upgrade of the computer network infrastructure, from xwave, the official supplier under contract to the Province of New Brunswick for this type of computer equipment, at a total cost of $111,750.00. Respectfully submitted, W.O. Todd Director, Information Systems and Support Terrence Totten, FCA City Manager M & C -2007-380 November 30,2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition - Watershed BACKGROUND: As Council is aware, the City acquires lands located within the watershed boundaries for the purpose of controlling development or other activity which may adversely affect the City's supply of drinking water. Recently the City was approached by a Real Estate Agent who had lost a sale in the watershed due to the limited utility of 170+/- acres of the 200+/- acre parcel within the watershed limits. The agent brought the "deal" to the City of Saint John, suggesting the City could retain the larger portion of lands within the watershed and take the dwelling and the residual acreage outside of the watershed back to the market. City staff discussed the opportunity and determined items/issues worth noting. The parcel is a key piece of the watershed lands, a significant mass with the City owning the adjacent properties. The Manager of Saint John Water, Brent McGovern indicates this parcel is the most prized parcel which the City does not own within the watershed. City staff is not authorized to enter into agency agreements on behalf of the City without the consent of Common Council. In this instance the City would be entering into a Purchaser's Agency Agreement, whereby the Agent acts on behalf of the purchaser. The Vendor would be responsible to compensate the Purchaser's Agent in any transaction. The City could deal directly with the Vendor however this would not be the ethical way to deal with the Agent who brought the opportunity forward to the City. Report to Common Council November 30,2007 Page 2 If Common Council consent to authoring the Agency relationship the City will investigate the possibility of having the vendor subdivide and sell only the lands the City desires, failing that the city could purchase the entire 200 acre and the dwelling, subdivide and sell the dwelling and lands outside of the watershed, retaining the watershed portion. Prior to any discussions with the V endor/V endor' s agent, the city must be prepared to appoint David Nicholson of Royal Lepage Atlantic as Agent for the City in the matter. RECOMMENDATION: That The City of Saint John appoints David Nicholson of Royal Lepage Atlantic as agent on behalf of the City in the negotiation of the acquisition ofPID350264, 40 Upper Golden Grove Road and further that the City Manger be authorized to execute any necessary Appointment of Agency forms or related documents Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment BUll PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT Subject Site/site en question: - PID(s)/NIP(s): 00350264 Location: 40, ch. Upper Golden Grove Road Date: November / novembre 18, 2007 Scale/echelle: Not to scale/Pas a I'echelle M & C 2007- 372 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Emera Brunswick Pipeline Co. Ltd. - Occupational License, Various Streets BACKGROUND In July of this year, Council authorized the Mayor and Common Clerk to execute Options for Easements for City owned properties which are being crossed by the Emera Brunswick pipeline. These easement documents focus on defining the rights and obligations of both parties regarding the installation and operation of a gas pipeline across such properties. Similarly, this report includes a license to allow the pipeline to cross City right-of- ways has been negotiated and prepared for Council's consideration. Again, this license will focus on the installation and operation of the pipeline, in this instance within the City streets. The Occupational License is highlighted by a twenty year term with rents based upon the Maritimes and Northeast formula for valuing the pipes in public street rights of way. The rents have been adjusted upwards every five years to ensure the value accrued to the City is protected against inflation. Engineering is ensured that any location of pipes within the rights-of-way, is subject to their approvals and have already signed off on drawings which were submitted for their approvals. Twenty- seven rights-of-way are subject to this agreement. RECOMMENDA TION 1. That the City of Saint John enter into an "Occupational License" with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions as attached to this M&C 207-372; and further 2. That the Mayor and Common Clerk be authorized to execute the Occupational License as attached. Respectfully submitted, Jim Baird, MCIP Commissioner, Planning and Development Terrence Totten, FCA City Manager OCCUPATIONAL LICENSE THIS AGREEMENT made as of the of , A. D. 2007, BY ANDB ETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensor" of the first part, - and - EMERA BRUNSWICK PIPELINE COMPANY LTD., a duly incorporated company under the laws of the Province of Nova Scotia, hereinafter called the "Licensee" of the second part WHEREAS the "Licensee" intends from time to time to lay pipelines (hereinafter sometimes called the "Pipeline") under a portion of, along, and/or within those streets owned by or under the direction, administration and control of the Licensor to transmit natural gas to delivery points in the City of Saint John; AND WHEREAS the Pipeline is to be laid under the Licensor's streets and highways as listed in Schedule "A", attached hereto. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of one dollar ($1.00) of lawful money of Canada, and other valuable consideration, the Licensor does hereby grant permission to the Licensee, its servants, agents and employees, to lay, construct, reconstruct, repair, replace, renew, maintain, operate, and remove, the Pipeline and appurtenances thereto, under, upon, along and across the said streets, as listed on Schedule "A" for the transportation of natural gas, with the right of ingress and egress to and from the same, over and through, under or along every part and parcel of the said streets as listed on Schedule "A" attached hereto, provided such permission does not interfere with municipal infrastructure. In this Agreement: (a) "gas" means natural gas; (b) "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Licensee may require or deem desirable for the supply, transmission and delivery of gas in or through the City of Saint John; (c) "highway" means all common and public highways and shall include bridge, viaduct or structure fonning part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Licensor; (d) "EngineerlRoad Superintendent" means the Chief City Engineer of the City of Saint John or the person designated by him or other such person as may from time to time be designated by the Licensor. The Licensee covenants and agrees as follov,.s: 2. That it shall not, nor shall its employees, workmen or agents, have any claim against the Licensor for loss or damage to the Pipeline or appurtenances while such property is located upon the said streets, as listed in Schedule . A', unless due to the negligence of the Licensor or its employees, agents or contractors. -2- 3. Except for any pre-existing environmental contaminants that it shall indemnify and save harmless the Licensor from all loss, damage, or injury, of any nature, kind or description whatsoever and in respect of any property and in respect of damage sustained by others, if caused by the presence of the Pipeline or its use or the release of the contents therefrom or by the negligence of the Licensee, its employees, workmen or agents, and from all damages, claims, demands, actions, suits, or other proceedings by whomsoever made, brought or prosecuted in any manner, based upon or arising out of or connected with this License, unless such loss, damage or injury, or such claims, demands, actions, suits or other proceedings are due to the negligence of the Licensor or its employees, agents or contractors. The parties agree that the amount of any compensation for damages payable herein shall be mutually agreed upon between the Licensor and the Licensee but failing such agreement shall be settled by negotiation and/or arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c. N-7. 4. That it shall deliver to the Licensor prior to exercise of any right under this License a Certificate of Insurance naming the Licensor as co-insured evidencing a policy of commercial general liability coverage on "an occurrence basis" and containing a cross-liability clause which policy has an inclusive limit of not less than $5,000,000.00 (five million dollars). The aforesaid Certificate must provide that the coverage will stay in force and not be amended, cancelled or allowed to lapse without 30 days prior written notice being given to the Licensor. The aforesaid insurance coverage must remain in full force and effect during the period of this License and any renewal thereof. 5. That it shall indemnify and save harmless 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 Pipeline or the privileges granted hereunder. 6. That it shall give reasonable notice to the Licensor of the Licensee's intention to carry out work at, near, over or in the vicinity of the Pipeline. 7. That it shall construct the pipeline in a good workman-like manner to the reasonable satisfaction of the Engineer/Road Superintendent and in accordance with all applicable Federal codes and standards including CAN/CSA Z662 and the Onshore Pipeline Regulations, as amended; 8. That it shall provide a complete set of "as built" engineering drawings within Twelve (12) months of substantial completion of construction of the Pipeline; 9. That it shall, at its own expense, obtain and maintain in good standing all permits and licenses required by any authorities having jurisdiction in order to lay, construct, extend, reconstruct, repair, replace, renew, maintain, operate and remove the Pipeline and all appurtenances thereto, and shall otherwise comply at its own expense with all laws, regulations and rules of all Federal, Provincial and municipal governmental authorities which may be applicable hereto. The Licensor covenants and agrees as follows: 10. The Licensor shall give to the Licensee notice of any resolution authorizing publishing of its intention to consider the passing of a by-law to close any street in a newspaper published or having a general circulation in the City of Saint John pursuant to Section 187(6)(b) of the Municipalities Act SNB Chap. M-22. In the event the street is closed by by-law, the Licensor shall grant an easement to the Licensee, on substantially the same terms and conditions as in the form attached hereto as Schedule 'B'. The Licensor also agrees that in the event of disposal, it shall notify any purchaser of the Licensee's rights pursuant to this License. 11. The Licensor, subject to s.112 of the National Energy Board Act, shall give 72 hours notice to the Licensee of the Licensor's intention to carry out work at, near, over or in the vicinity of the Pipeline, and the Licensor shall permit the Licensee, its employees, workmen or agents, to enter upon the said lands and premises of the Licensor, in a reasonable manner and indicate the location of the Pipeline to the Licensor and inspect such work. Upon receipt of the said notice, the Licensee shall determine the necessity of -3- implementing the Crossing Agreement attached hereto as Schedule 'C', pursuant to Section 112 of the National Energy Board Act and the Pipeline Crossing Regulations, as amended. If it is determined that the Crossing Agreement is required, the Licensor will sign the Crossing Agreement and abide by its terms and conditions. And it is mutually covenanted and agreed between the parties as follows: 12. (a) That the Licensor shall permit the Licensee, its officials, employees, workmen or agents, to make reasonable entry at reasonable times on, upon or in the said streets as listed in Schedule 'A' of the Licensor together with the necessary machinery, equipment and material, for the purpose of placing, laying, constructing, maintaining, cleansing, altering or relaying Pipelines or any part thereof, the location of which has first been designated by the Licensor, provided that any such entry shall be carried out so as not to hinder or interfere in any greater degree than is necessary the Licensor's use or enjoyment of any of its said lands and premises, or of its business or operations carried out thereon; (b) That the Licensee shall restore or cause to be restored after each such entry, the said streets as listed in Schedule 'A' to the condition in which the said streets existed immediately prior to such entry, or as near thereto as possible, to the reasonable satisfaction of the Licensor; (c) That the Licensee shall notify the Licensor in writing, two (2) weeks prior to any such entry, setting out the purposes of the entry and a schedule of proposed work to be carried out during such entry. 13. In the event the Licensee defaults providing the insurance coverage required pursuant to Clause 4 hereof, the Licensor may effect such coverage with the reasonable cost of doing so being a sum due immediately by the Licensee to the Licensor. 14. That this License is assignable by the Licensee, upon written notice first being given to the Licensor. 15. That any condonement, excusing or overlooking by the Licensor of any default, breach or non-performance by the Licensee at any time or times in respect of any covenants, provisos or conditions herein contained shall not operate as a waiver of the Licensor's rights hereunder in respect of any subsequent default, breach or non- performance so as to defeat or affect in any way the rights of the Licensor hereunder in respect of any subsequent default, breach or non-performance. 16. The Licensor shall have the right to maintain and control its watermains, sewers and streets at all times during the License hereby granted provided this does not unreasonably interfere with the operation of the Pipeline. 17. In the event that the Licensor requests a change in location of the said Pipeline for the purpose of altering or installing municipal services and structures or improvements of any nature or kind whatsoever excluding buildings, the Licensor shall give written notice to the Licensee specifying the location of the proposed change and such change shall be made by the Licensee within a reasonable time at the Licensor's expense subject to relocation provisions applicable under the National Energy Board Act. 18. In the event of a change of the location of the said Pipeline pursuant to Section 17 of this Occupational License, the Licensor will provide a new route thereof; subject to the approval of the National Energy Board 19. Upon the discontinuance of the use of the pipeline, the Licensee shall forthwith abandon the pipeline in accordance with the National Energy Board Onshore Pipeline Regulations Part VII - Abandonment, as amended, and as directed by the National Energy Board. 20. This License is not intended to create any right in the nature of an easement or right-of-way and will be construed only as a license and does not prevent the Licensor from imposing, charging, claiming, or levying any lawful rate, tax, lien, assessment, or levy of any description whatsoever against the Licensee, its successors and assigns, by reason of the construction or presence of the Pipeline previously granted hereunder. -4- 21. The Licensee's obligation to provide any indemnity under this license agreement is contingent upon (i) prompt written notice by the Licensor to the Licensee of any claim, demand or proceeding of any type against the Licensor or the occurrence of any situation, which may become the subject matter of a claim for indemnity, (H) the Licensor permitting the Licensee to join or otherwise assist the Licensor in the investigation and defense of such claim, action or situation, (Hi) the delivery to the Licensee by the Licensor of a copy of every demand, notice, summons or other process or significant document received by it relating to such matter, (iv) the Licensor not voluntarily making any payment, assuming any obligation or incurring any expense with respect to such claim, demand, proceeding or situation without prior written consent of the Licensee, and (v) the Licensor assigning to the Licensee its rights of recovery against any person, and the Licensor shall execute all papers required and shall do everything necessary to secure and enforce such rights. 22. Notwithstanding any other provision of this License Agreement, the Licensor agrees that no action will be taken to terminate this License Agreement for the lack of use of the pipeline or any other default hereunder until (i) such default has continued for two (2) months after the Licensee has been notified in writing by the Licensor as provided herein of such default, (H) after such two (2) months, such default has not been discontinued or rectified and the Licensor has sent a written declaration, as provided herein, to the Licensee again setting out the details of such default and of its intent to terminate this license agreement if such default is not rectified within four (4) months, and (iii) said two (2) month and four (4) month periods have both passed and such default is still continuing. 23. The annual fee for this License shall be in the amount set out as follows: (a) $6,400.00 for years 1 to 5 of the Term; (b) $7,100.00 for years 6 to 10 of the Term; (c) $7,800.00 for years 11 to 15 of the Term; (d) $8,600.00 for years 16 to 20 of the Term The annual fee shall be due and payable on July 1'1 of each year, commencing and including July 1,2008. 24. This agreement and the rights granted hereunder shall endure for a term of twenty (20) years from the date first above written. This License shall be renewed for successive periods of ten (10) years, each on substantially the same terms and conditions, until the Pipeline is abandoned pursuant to the National Energy Board Act or it is terminated in accordance with clause 22, herein. 25. Any notice or declaration to be made or given hereunder shall be in writing and shall be delivered by registered or certified mail or personally delivered to a senior executive thereof to: -5- If to the Licensor: City of Saint John IS Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Attention: Common Clerk With a copy similarly delivered to: City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Attention: Chief City Engineer If to the Licensee: Emera Brunswick Pipeline Company Ltd. 1894 Barrington Street Barrington Tower Halifax, NS B3J 2A8 With a copy similarly delivered to: Maritimes & Northeast Pipeline 26 Allison Blvd. Fredericton, NB E3C 2N3 Attention: Manager Operations Such addressees) may be changed by a party at any time and from time to time on ten (10) day's prior written notice to the other party. In the case of a mail disruption or other force majeure event, only personal service shall be permitted. 26. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns. 27. This Occupational License will be interpreted according to the laws and regulations of the Province of New Brunswick. It is understood and agreed by the parties that, in the event this Occupational License or any portion of this Occupational License is or appears to be in conflict with any provision of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this Occupational License or the portion of the Occupational License shall be void and of no force and effect, but any portion of the Occupational License not in conflict shall continue in full force and effect. 28. The parties hereto agree that the subject of proposed location of future pipelines be reached in consultation with the Chief City Engineer and subject also to an agreement being reached between the Licensor and the Licensee with respect to compensation for such future pipelines, the Licensee may install future pipelines under the same terms and conditions as contained herein as modified by any such last mentioned agreement, subject to Licensee's covenant to supply additional plans, and further subject to the Licensees covenant to provide reasonable notice of Licensee's intention to install such future pipelines. -6- IN WITNESS WHEREOF the City of Saint John has caused these presents to be executed at the City of Saint John, in the Province of New Brunswick this _ of ,2007. SIGNED, SEALED & DELIVERED In the presence of: THE CITY OF SAINT JOHN PER: AND: IN WITNESS WHEREOF Emera Brunswick Pipeline Company Ltd. has caused these presents to be executed at Halifax, in the Province of Nova Scotia this _ day of ,2007. SIGNED, SEALED & DELIVERED EMERA BRUNSWICK PIPELINE COMPANY LTD. Per: SCHEDULE "A" Drawing Number Road Crossing length (m) PCR-01-EBPL-1.0 Red Head Road 21 PCR-01-EBPL-3.3 Proud Road 20 PCR-01-EBPL-3.4 Red Head Secondary Access Road 50 PCR-01-EBPL-7.1 Red Head Secondary Access Road 58 PCR-01-EBPL-7.5 Cave Court 20 PCR-01-EBPL-7.8 Black River & Red Head Secondary Access Roads 45 PCR-01-EBPL-9.3 Grandview Avenue 20 PCR-01-EBPL-11.7 Loch Lomond Road 22 PCR-01-EBPL-12.9 Westmorland Road 24 PCR-01-EBPL-13.7 Rothesav Avenue (Route 100 20 PCR-01-EBPL-16.8 Sandy Point Road 30 PCR-01-EBPL-17.9 Samuel Davis Drive 30 PCR-01-EBPL-19.2 Miilidae Avenue 30 PCR-01-EBPL-19.21 Boars Head Road 85 PCR-01-EBPL-20.1 Forbes Drive 20 PCR-01-EBPL-20.6 Beileview Avenue 20 PCR-01-EBPL-20.7 Spar Cove Road 18 PCR-01-EBPL-20.8 Bridae street 21 PCR-01-EBPL-23.2 Greenhead Road Overpass 27 PCR-01-EBPL-23.3 Gifford Road 20 PCR-01-EBPL-24.0 Private Road (CPR Road? 23 PCR-01-EBPL-25.3 Bav Street 20 PCR-01-EBPL-27.1 MacPherson Road 17 PCR-01-EBPL-27.5 Pipeline Road West 22 PCR-01-EBPL-28.1 Gault Road 21 PCR-01-EBPL-28.6 Ocean West Wav (Route 100 42 PCR-O 1-EBPL-31. 7 King William Road 100 SCHEDULE "B" File No. SJ- NB PID 00 EASEMENT AGREEMENT (NEW BRUNSWICK) THIS GRANT OF EASEMENT made the day of ,2006 BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, in the County of Saint John and Province of New Brunswick. ("the Grantor") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. ("the Grantee") OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of lands situate in the Province of New Brunswick more particularly described in Schedule "A" attached hereto, and hereinafter known as the Lands of the Grantor. B. The Grantee is in the business of natural gas pipeline construction, operation and transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline") in the Province of New Brunswick. ( 1 ) IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: PURCHASE PRICE 1. The Grantee shall pay to the Grantor the sum of .s:!~. I. . .. --- .. ~ ) of lawful money of Canada (the "Purchase Pnce. The Grantor shall have been given the option to choose whether compensation for the easement will be one lump sum payment (Lump Sum Option) or by annual or periodic payments of equal or different amounts over a period of time (Periodic Payment Option). The Grantor has chosen the Lump Sum Option / Periodic Payment Option (cross out the option which does not apply). LUMP SUM OPTION: (a) The Purchase Price, less any deposits which may have already been paid to the Grantor, shall be paid by the Grantee to the Grantor by one lump sum payment upon the Grantee's receipt of this executed Easement Agreement, free and clear of all encumbrances. For the purpose of this agreement, the presence of municipal services, or an easement for municipal services do not constitute an encumbrance on the Lands of the Grantor, provided they exist prior to the execution of this agreement. PERIODIC PAYMENT OPTION: (b) The Purchase Price, less any deposits which may have already been paid to the Grantor, shall be paid by the Grantee by annual payments of 'T J fl) per year for a period of ten (10) years, the first payment commencing ori the thirtieth (30th) day following the recording at the Registrar of Deeds of this executed Easement Agreement, free and clear of all encumbrances, and continuing yearly on the anniversary of such date. The amount of compensation payable hereunder shall be subject to review every five years at the option of either party to this Agreement by notice in writing to the other party. (2 ) GRANT OF RIGHTS TO THE GRANTEE 2. The Grantor does HEREBY GRANT, TRANSFER AND CONVEY to the Grantee, for itself, its successors, assigns, employees, agents, servants and licensees, an easement and' rights in perpetuity: ,...' " (a) to use that portion of the Lands of the Grantor described in Schedule "B" attached hereto (the "Easement Lands") as may be necessary for an easement on, over, under and through the Easement Lands for the purpose of entering, excavation, laying down, construction, installing, operating, maintaining, inspecting, patrolling (including aerial patrol), altering, removing, replacing, reconstructing and repairing an underground natural gas pipeline with any aboveground valves, meters and other appliances and fittings, and devices for controlling corrosion, all for use in connection with such pipeline, for the transmission of natural gas, and to have the right of ingress and egress at any and all times over, along, across and upon the Easement Lands; (b) in cases of emergency, to have the right of access to and from the Easement Lands at any and all times over, along, across and upon the Lands of the Grantor. If the Lands of the Grantor were disturbed or altered in any way by the Grantee in the process of accessing the Easement Lands, the Grantee shall reinstate the subject portion of the Lands of the Grantor at the Grantee's expense to the same condition so far as may be practicable, as it was prior to the Grantee's exercise of its rights under the easement; (c) to clear the Easement Lands and keep it cleared of any trees, growth, buildings, structures or obstructions which in the opinion of the Grantee in its sole 'arld""absolute discretion, acting reasonably, may interfere with any rights granted to the Grantee as specified herein; (d) Subject to prior notification where possible to enter upon the Lands of the Grantor pursuant to a "Permanent Access Agreement': between the Grantor and the Grantee, which Permanent Access Agreement defines specific access points to and from the easement lands: to obtain access to the Easement Lands by foot, vehicle, equipment, aerial patrol as may be reasonably necessary, in the opinion of the Grantee, acting reasonably for the purpose of construction, operation, maintenance, repair and replacement of the pipeline; ( 3 ) (e) Subject to prior consultation with the Grantor in order to ensure that gates do not interfere with the Grantor's ability to operate its infrastructure, to install, maintain and use gates in all fences which now or hereinafter shall cross the Easement Lands at the Grantee's sole expense; (f) to install and maintain legal survey posts to mark the boundaries of the Easement Lands and warning signs to indicate the location of the Pipeline; and (g) generally to do all acts reasonably necessary or incidental to the business of the Grantee in connection with the Pipeline. TERMINATION 3. (a) In the event the Grantee shall not have commenced operations upon the Lands of the Grantor for the laying of the Pipeline within five (5) years from the date hereof, this easement and rights, hereby granted shall terminate, the Grantee shall cease making payments as set out in Paragraph 1 (b) (Periodic Payment Option), and the Grantee agrees to execute and file such documents as m.ay be necessary to effect a termination of its rights and interests in the Lands of the Grantor under this Agreement. (b) Furthermore, the Grantee may at any time for any reason whatsoever, at its election on notice in writing to the Grantor, terminate this Agreement and the same thereafter shall be of no further effect; ALWAYS PROVIDED, HOWEVER, that upon any such termination, the Grantee, if this Agreement shall then have been registered, shall at its own expense procure a discharge of the same. (c) If the Grantee shall have abandoned the Pipeline the Grantee may, if it so elects, leave the Pipeline or any part of it in place, however if it elects to remove the Pipeline, it will restore the surface of the Easement Lands to the same condition so far as may be practicable, as it was prior to the entry and use of the Grantee. ( 4 ) DUTIES OF THE GRANTOR 4. The Grantor covenants and agrees with the Grantee: (a) not to knowingly do or permit to be done anything which may, in the opinion of the Grantee, interfere with or damage the Pipeline or impair the operation of the Pipeline; (b) not to store or use any inflammable substance or to burn or permit the burning of anything on the Easement Lands without the prior written consent of the Grantee which shall not be unreasonably withheld; (c) not to make, place, erect, operate, use or maintain any buildings, structure, foundation, pavement, excavation, well, swimming pool, pile of material, obstruction, detention or retention pond, equipment, or to plant any growth upon, the Easement Lands, which in the reasonable opinion of the Grantee, may: (i) interfere with or endanger the Pipeline or the installation, operation, maintenance, removal, repair or replacement of the Pipeline; or (ii) obstruct access by the Grantee's employees, agents, contractors and subcontractors to the Pipeline; or (iii) create any hazard by its operation, use and maintenance or existence on the easement; (d) subject to Paragraph 4(c), not to cultivate the ground inside the Easement Lands where it would disturb more than three tenths of a metre of ground below the initial grade or reduces the total cover over the pipe; (e) not to construct or permit to be constructed, across, on, along or under the Easement Lands any structure, highway, private road, railway, irrigation ditch, drain, drainage system, sewer, dike, telegraph, telephone line or line for the transmission of hydro- carbons, power or any other substance that is to be carried across, along, or upon the Easement Lands or excavate using power-operated equipment or explosives on the easement or within thirty (30) metres of the Easement Lands without the prior written consent of the Grantee, which consent shall not be unreasonably withheld; ( 5 ) (f) not to operate or permit to be operated a vehicle or mobile equipment across, on or along the Easement Lands without the leave of the Grantee unless the vehicle or mobile equipment is operated within the traveled portion of a highway or public road, which consent is not to be unreasonably withheld; (g) not to do or knowingly permit to be done any work or prospecting for mines or minerals on. the Easement Lands or within forty (40) metres therefrom without the leave of the National Energy Board and without the prior written consent of the Grantee; (6 ) DUTIES OF THE GRANTEE 5. The Grantee covenants and agrees with the Grantor: (a) to pay compensation to the Grantor for all damages suffered as a result of the operations of the Grantee; (b) to indemnify the Grantor from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of the Grantor; (c) that it shall, as soon as weather and soil conditions permit and where practicable to do so, bury and maintain all pipe and other installations so as not interfere unreasonably with the drainage or ordinary cultivation of the Lands of the Grantor. 6. The amount of any compensation for damages payable under Paragraph 5 herein shall be mutually agreed upon between the Grantor and Grantee but failing such agreement shall be settled by arbitration proceedings pursuant of the National Enerav Board Act R.S.C., 1985 c. N-7. GENERAL PROVISIONS 7. The Grantor agrees to notify tenant(s) and/or Iicensee(s) of the Easement Area of this Agreement and will take all reasonable steps to ensure that any such tenant(s) and/or Iicensee(s) shall not interfere with the privileges herein and the Grantor agrees to pay any monies due to the tenants and/or Licensees under this Agreement. 8. The Grantee agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of the Grantee and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence .or willful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between the Grantee and such person(s) but failing such agreement shall be settled by negotiation and/or arbitration proceedings pursuant to the National Enerav Board Act, R.S.C., 1985, c.N-7. (7) 9. Subject to Paragraph 3, and notwithstanding any rule of law or equity, the Pipeline brought onto, and/or constructed upon or buried in or under the Easement Lands by the Grantee shall remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Grantee, its successors and assigns. 10. In performing and observing the covenants and conditions on its part to be performed and observed, the Grantee shall and may peaceably hold and enjoy the rights, liberties, privilege and easements granted without hindrance, molestation or interruption by the Grantor or any person claiming by, through, under or in trust for the Grantor. 11. This Agreement shall not affect or prejudice the Grantee's statutory rights, present or future, to acquire the Easement Lands or any other portion of the Lands of the Grantor as may be provided by law, which rights the Grantee may exercise in its discretion. 12. In the event that the Grantor requests a change in the location of the said pipeline for the purpose of repairing, relying, installing or maintaining municipal services currently located (or planned to be located) in the Easement Lands, the Grantor shall give written notice to the Grantee specifying the location of the proposed change and such change shall be made by the Grantee within a reasonable time at the expense of the Grantor, subject to relocation provisions applicable under s45 and s46 of the National Energy Board Act. 13. Nothing in this Agreement shall be deemed to vest in the Grantee any title to mines, ores, metals, coal, slate, oil, gas or other minerals in or under the Easement Lands, except only the parts thereof that are necessary to be excavated, carried away or used in the construction of the Pipeline. 14. If at the date hereof the Grantor is not the sole owner of the Easement Lands, this Agreement shall nevertheless. bind the Grantor to the full extent of his or her interest, this Agreement shall likewise extend to such after-acquired interests. 15. This Agreement shall be construed as running with the lands hereof and shall extend to and be binding upon and enure to the benefit of the heirs, executors, administrators, successors-in-title and assigns of the parties. ( 8 ) 16. This easement and rights are appurtenant to and for the benefit of the dominant tenement, being the lands of the Grantee as described in the Indenture recorded at the Registry of Deeds for the County of on , 19_ in Book at Page as document number 17. Whenever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used, where the context or the party or parties so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. 18. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the addresses, shown on the first page of this Agreement, or such other address as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered. 19. The Grantor shall use best efforts to notify the Grantee in writing of any conveyance, sale or other transfer of any interest in all or part of the Lands of the Grantor and shall provide the name and address of the new owner(s). Until such notification, the Grantee shall continue to make all payments hereunder to the Grantor. 20. 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. 21. The Grantor hereby acknowledges receipt of a notice pursuant to Section 87 of the National Enerav Board Act R.S.C., 1985 c. N-7, prior to the signing of this Agreement. 22. 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. 23. Grantor agrees to the registration of this Easement Agreement. 24. Grantee agrees to remit H.S.T. as required. 25. Grantor acknowledges that if the Grantor is a HST registrant then the payment made includes HST and the Grantor will give his/her HST number to the Grantee. (9 ) The parties have signed this Agreement under seal on the date shown above at in the County of Province of New Brunswick. CITY OF SAINT JOHN PER: NORMAN McFARLANE, MAYOR WITNESS WITNESS PER: PATRICK WOODS, COMMON CLERK EMERA BRUNSWICK PIPELINE COMPANY LTD. PER: GRANTEE WITNESS WITNESS PER: GRANTEE ( 10 ) SCHEDULE "c" Date Applicant Company Name Address City Postal Code ATTENTION: Dear SUBJECT: Your proposed crossing of Emera Brunswick Pipeline Company Ltd.'s ("Emera If) at KP , in the County of , in the Province of known as PID We acknowledge your request for Emera to consent to the proposed Crossing. Emera constructs and operates natural gas transmission, distribution and storage pipeline facilities. Natural gas is viewed as the cleanest-burning fuel and is an economical source of energy for those persons dependant on it for residential, industrial and commercial uses. Emera's activities are regulated by the National Energy Board ("NEB") who must determine, among other things, that our projects serve the public interest. Emera must therefore protect its pipelines to ensure an uninterrupted supply of heat and energy in the public interest. Additionally, Emera is a regulated utility subject to a fixed rate of return and must avoid unnecessary costs of operating its pipelines. The Emera pipeline is located within a right-of-way created by an easement or license agreement with the owner of the subject lands. Details of the easement agreement or license are available through our Operations Centre, do Field and Environment Agent, 26 Alison Blvd., Fredericton, NB, E3C 2N3, telephone: (506) 462-4800. For these reasons, and to comply with the requirements of the NEB's Pipeline Crossing Regulations, Part I (attached), it is necessary that you obtain our written permission for the crossing. In order for Emera to evaluate or consent to your proposed crossing, we will require that you: 1. Sign three copies of our standard Crossing Consent Letter/Agreement (attached) and return them, unaltered, to the writer. If the crossing meets the necessary safety and design requirements, Emera will sign and return two copies of the Letter/Agreement whereupon it shall become a binding agreement between us; 2. Return three sets of approval drawings to the writer which have been prepared in accordance with the instructions in Schedule "C' to the Crossing Consent Letter/Agreement. Emera will respond within ten (10) days of receipt of all information required in Items 1 and 2 above. Should you have any questions, please call. Yours very truly, Emera Brunswick Pipeline Company Ltd. Date Applicant Company Name Address City Postal Code ATTENTION: Dear SUBJECT: Crossing Consent Agreement for your proposed crossing of Emera Brunswick Pipeline Company Ltd.'s ("Emera") Natural Gas Pipeline atKP , in the County of , in the Province or . known as PID Emera has reviewed the proposed crossing and will consent to it. In consideration of Emera consenting to the crossing, we ask that you agree to the following conditions precedent: 1. That you will comply with the general conditions for consent in Schedule "A", attached hereto; 2. That you and your contractor will install the crossing strictly in the manner described in Schedule "B", attached hereto; 3. That the crossing will be designed and constructed strictly in accordance with your drawing dated and approved by Emera attached as Schedule "C", hereto; 4. That the crossing will be completed within one (1) year of the date of this letter, otherwise this conscnt will terminate and a new application will be required. We have signed and are returning two copies of this Letter/Agreement. Please ensure that a copy is sent to the persons who will be perfOlming this work and that it is available "on-site". Installation of the crossing can then proceed after giving a minimum of two business days advance notice by facsimile to our office at (506) 462-4811. This Agreement and Schedules "A", "B" and "C" constitute the entire Agreement bctween Emera and the Applicant and any change or alteration hereof shall be made in writing between the parties. Yours truly, Emera Brunswick Pipeline Company Ltd. Read and agreed to at this day of ,2007. Witness: ) ) ) ) ) ) ) ) ) ) Applicant: Nameffitle Nameffitle SCHEDULE "A" General Conditions for Crossing Consent 1. In this Agreement: (a) the term "Applicant" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contractor" means the person(s) who consuucts and installs the Facility; (c) the term "Facility" refers to the works of the Applicant as described in the covering letter-agreement to this Schedule; (d) the term "Crossing" refers to the crossing of Emera Brunswick Pipeline Company Ltd.'s ("Emera") pipe1ine(s) by the Facility at the location described in the covering letter-agreement to this Schedule. 2. Emera consents to the Crossing to the extent that it has the right to do so and the Applicant shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Applicant agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Applicant agrees to indenmify and save harmless Emera against any claims, demands, actions, suits, proceedings, damages, injuries (including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5. In connection with clause 4 above, Applicant or Contractor, at its own expense shall can'y and keep in full force and effect: (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million Dollars ($5,000,000.00), and; (b) Automobile Liability Insurance ("owned" and "non-owned") with an inclusive limit for bodily injury (including passengers) and property damage of One Million Dollars ($1,000,000.00). Applicant shall submit certificates or other evidence of such insurance to Emera prior to any work commencing for the Crossing. 6. Applicant agrees to personally perform the installation and construction ofthe Facility or else to closely supervise its installation and construction by a duly qualified contractor(s) and to ensure that said contractor(s) complies with all terms and conditions of this Agreement. 7. The Applicant shall pay forthwith upon presentation of an invoice by Emera, all reasonable costs incurred by Emera for: (a) review, approval and inspection of the Crossing; (b) reinforcing, modifying or relocating Emera's pipelinc(s) to accommodate the installation of Applicant's Crossing or the maintenance and repair of its Facility; (c) any reasonable incremental costs inured by Emera in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Crossing. 8. The terms and conditions of this consent shall apply to the construction and installation of the Crossing and any future maintenance work that may be required. 9. Applicant agrees to supply Emera with a set of As Built Drawings of the Facility within twelve (12) months of the completion of the installation of the Facility. 10. This consent is for the Facility shown in Schedule "C" only and any additional works or facilities proposed by the Applicant shall be the subject of a separate agreement. 11. Applicant hereby agrees and acknowledges that its rights in the Crossing are subordinate to the easement agreement(s) of Emera that have been registered or obtained prior to this date and Applicant shall co-operate with all reasonable requests made by Emera related to the operation, maintenance and repair of Emera's pipeline(s) within the easement(s). 12. In the case of default by the Applicant to carry out any of the provisions of this agreement or if the condition of Applicant's Facility has deteriorated and adversely affects the operation of Emera's pipeline(s), Emera may give written notice thereof. If the Applicant fails to take all reasonable steps to remedy the default or the deterioration of the Facility within fifteen (15) days after receipt ofthe written notice by Emera, Emera may take such steps necessary to remedy the default or deterioration and Applicant shall be liable for and shall pay forthwith all reasonable costs incurred by Emera in this regard. 13. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter-agreement and shall be deemed to be received on the fifth (SUI) day following mailing thereof or upon confirmation of facsimile transmission. 14. This Agreement shall be governed in accordance with the laws of the province in which the Crossing is situate. 15. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other party and such consent shall not be unreasonably withheld. 16. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years fro the date hereof if the Applicant has not completed the construction and installation of the Facility and restoration of the lands affected by the Crossing; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to Emera and the owner of the property where the Crossing is situate. 17. If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in full force and effect. SCHEDULE "B" Excavation and Operation of Heavy Equipment 18. The following conditions shall apply whenever any construction activities shall require the need for the operation of equipment or excavation near Emera Bmnswick Pipeline Company Ltd.'s ("Emera") Pipeline(s): (a) to protect exposed Emera Pipeline(s) from damage during the proposed work, Emera's on-site inspector may require the Applicant to install certain safety precautions before beginning constmction; (b) to avoid possible damage to Emera's Pipeline(s) while excavating, the Pipeline(s) shall be supported adequately, as directed by Emera's on-site inspector; (c) to avoid possible damage to Emera's Pipeline(s), heavy equipment shall be restricted to crossing within the travelled portion of the easement unless other crossing locations are approved by Emera's on-site inspector; (d) Applicant shall provide at lease three (3) business days' advance notice prior to commencing any excavation near Emera's Pipeline(s). General Conditions for Crossinl!:s of the Pipeline bv Hil!:hways. Private Roads. Railwavs and Utilities 19. The following general conditions shall apply to Crossings of Emera's Pipeline(s) by a highway, private road, railway or utility: (a) in the case of a crossing of Emera's Pipeline(s) by a highway, private road, railway or utility the Crossing shall, except as otherwise provided herein, conform to the respective specifications and requirements of the current Canadian Standards Association Code CAN/CSA Z662-99 for Gas Pipeline Systems and if the facility will resul t in Emera's Pipeline not conforming, the Crossing may be made only if the Emera's Pipeline(s) is reconstructed to conform to such requirements, the cost of which shall be borne and paid for by the Applicant; (b) the Applicant shall pay all costs to ensure Emera's Pipeline(s) shall, in all cases, be of sufficient strength to withstand all stresses and strains resulting from the Crossing; (c) the Crossing shall be constructed so as to cross Emera's Pipeline(s) at an angle as close as practicable to ninety (90) degrees but not less than forty-five (45) degrees; (d) parallel easements shall not encroach on the Emera's Pipeline(s) easement without the prior written consent of Emera and the owner of the lands being crossed. 20. At any crossing of Emera's Pipeline(s), except crossings by overhead telephone, telegraph or power lines, Emera's Pipeline(s) and the Facility shall be identified by suitable markers. 21. A buried utility shall cross under Emera's Pipeline(s) unless otherwise approved by Emera. A clearance of not less than 0.3m shall be maintained at the point of crossing between the utility and Emera's Pipeline(s) and all other underground stmctures. In all circumstances, minimum clearance as stipulated in the current edition of Canadian Standards Association CAN/CSA-Z662-99 "Gas Pipeline Systems" shall be complied with. Underground utility crossings shall also be subject to the following design constraints: (a) utilities must be installed at a level grade across the entire width of Emera's Pipeline easement with the exception of gravity dependent structures. In such cases, the minimum clearances which are specified between the utility and Emera's Pipeline(s) crossed must be maintained; (b) in the case of any Applicant's buried pipelines, no joints may be made over or under any Emera Pipeline(s); (c) if Applicant's Pipeline(s) will operate under pressure, it/they shall be pre-tested to at least the required test pressure prior to its installation across Emera's Pipeline easement; (d) in the case of buried power cables, the Applicant shall install a 75mm thick concrete slab, or suitable equivalent, approved by Emera, placed 300mm above the utility service installation, the full width of Emera's Pipeline easement. There shall be a minimum separation of 300mm between the top of the concrete slab and the bottom of Emera's Pipeline(s). This separation shall be maintained over the entire width of the Emera Pipeline easement(s). The concrete slab should be un-reinforced red dye concrete. The utility shall be permanently identified with "caution" tape on top ofthe concrete slab; (e) in the case of buried cable, no joints, splices or other connections shall be made within the Emera Pipeline casement; (f) the method of installation of all utilities crossing Emera's Pipeline(s) below ground level must be specified in the Applicant's submission to Emera. 22. A public highway, logging road or private road shall be constructed so that the travelled surface thereof shall be not less than 1.5m above the top of Emera's Pipeline(s) orthe casing pipe, where required. The bottom of the ditches shall be not less than 1.2m above the top of Emera's Pipeline(s) or casing pipe. Railwav Crossing Requirements 23. The following conditions apply to the crossings of Emera's Pipeline(s) by railways and shall supplement or supersede the conditions detailed in Section 2, 3, 4 and 5: (a) w here Emera specifications stipulate, Emera's Pipeline( s) shall be encased in a metal casing pipe, to be installed by Emera, the cost of which shall be borne and paid for by the Applicant; (b) railway crossings shall be constructed to allow the following minimum clearances; (i) one point seven (1.7) meters between the top of Emera's Pipeline(s) or casing pipe and the base of the rail for a distance of at least 8.0m from the centerline of the outermost track; (ii) one point two (1.2) meters between the top of Emera's Pipeline(s) or casing pipe and the bottom of the railway right-of-way ditch andlor'natural ground surface. Overhead Crossin!! Reauirements 24. Thefollowing conditions apply to the crossing of Emera's Pipeline(s) by overhead telephone, telegraph, telecommunication and electrical power lines: (a) prior to construction, the Applicant shall detennine if electrical interference between the Applicant's facilities and Emera's Pipeline(s) will occur. If so, the Applicant shall be responsible for providing mitigation design to a level of IS volts A.c. Steady State; generally in accordance with CSA Standard C22.3 No. 6M-1987 (or update). "Principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines"; (b) the vertical distance between the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical Code Part III (CSA Standard C22.3, "Overhead Systems and Underground Systems"); (c) the poles, pylons, towers, guys, anchors and any other supports of an overhead line shall be located outside the Emera Pipeline easement and not within ten (10) meters of any Emera Pipeline appurtenance; (d) the Applicant, for an overhead line shall, where directed by Emera, install aerial warning devices for the protection of Emera personnel and equipment conducting aerial patrols. Blastin!,: Requirements 25. Prior written approval is required from Emera if constlUction of the Facility requires the use of explosives. The Contractor shall comply with all applicable government laws, regulations and orders concerning the use, storage and transportation of explosives, including, but not limited to, the Canadian Explosives Act. The Applicant shall comply with the safety requirements of Emera. 26. The following conditions shall apply whenever any constlUction activities shall require the need for blasting when working within thirty (3) meters of Emera's Pipeline(s): (a) the effects of blasting shall be controlled; (b) a leakage survey of the designated area shall be performed prior to and after blasting by the Emera inspector to determine the effect of such operations, the cost of which shall be borne and paid for by the Applicant; (c) when blasting is necessary in the vicinity of Emera's Pipeline(s) under pressure, the Applicant shall limit the intensity of the ground vibrations emanating from any particular blast, measured on the ground's surface above the pipeline(s) at the location nearest to the blast to the following specifications: (i) maximum amplitude of vibrations O.1524mm; (ii) maximum horizontal particle velocity 50mmlsec.; (iii) the permissible quantities of explosive per delay period shall be governed by the recorded measurements as influenced by the work site conditions; (iv) explosive agents must, in all instances, be acceptable to Emera; (v) delays shall be designed to prevent double readings; (vi) further restrictions shall be stipulated, as required, by Emera. Cathodic Protection Requirements 27. Applicant agrees to install, at its cost, all cathodic protection facilities deemed necessary by Emera to protect Emera's Pipeline(s) or otherwise reimburse Emera for the cost of such facilities and installation. B. SECTION VIEW The section view is to be along the proposed utility that crosses Emera's Pipeline. Scale: In metric, vertical 1: 100, horizontal I :200 or to a scale that clearly identifies all details of the crossing Dimensions: Depth of Emera's Pipeline(s) to one-tenth (1/10) of a meter Vertical distance of the proposed utility below grade to one-tenth (1/10) of a meter Clearance to Emera's Pipeline(s) Diameter of each of Emera's Pipeline to be crossed Easement or right-of-way limits Identify: If elevations are assumed, then reference the point of the assumed datum Distance of the pipeline(s) to the Emera Pipeline easement limits Ground surface profile for the 20m on either side of crossing Scale C. PROFILE VIEW The profile view is to be along Emera's Pipeline(s) and is only required ifthe encroachments are on the Emera Pipeline easement for a definable distance (Le. parallel encroachments such as roads and any grading of the easement, etc.) Scale: In metric, vertical I: 100, horizontal I :200 or to a scale that clearly identifies all dctails of the crossing Dimensions: Depth of Emera's Pipeline(s) to one-tenth (1/10) ofameter Depth of the proposed utility to one-tenth (1/1 0) of a meter Clearance to Emera's Pipeline(s) Diameter of each Emera Pipeline to be crossed Easement or right-of-way limits Identify: If elevations are assumed, then reference the point of the assumed datum Distance of the pipeline(s) to the Emera Pipeline easement limits to one-tenth (1/10) of a meter Ground surface profile for 20m on either side of crossing Scale Existing Emera Pipeline markers D. LOCATION PLAN VIEW Scale: In metric, scale of 1: 12000 or to a scale that clearly identifies the location Dimensions: Distance to the nearest town of major geographic feature to 0.1 of a kilometer -2- Identify: Parish, town, village, city, county, regional municipality, etc. PID, street, highway, road, etc. North arrow TITLE BLOCK Identify: Name of the Applicant and the name of the engineering company who compiled the drawing (where applicable) Drawing number and the date of the drawing Revision dates (if applicable) Signature of the Applicant and the engineering company Legal description of the crossing location Description of the utility Date of the survey ADDITIONAL INFORMATION Identify All specifications of the utility (Le.) diameter, wall thickness; material to be conveyed, minimum yield strength, operating pressure, field test pressure, mill test pressure, materials comprising the utility, protective devises to be installed and the proper method of installation Show a note referencing compliance with all applicable CSA standards and the National Energy Board Pipeline Crossing Regulations Date of the proposed crossing PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX I, ROBIN McADAM, of the City of Halifax, in the County of Halifax and Province of Nova Scotia, MAKE OATH AND SAY: 1. THAT I am the President of EMERA BRUNSWICK PIPELINE COMPANY LTD. (hereinafter called the "Company") and have a personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Company. 2. THAT the signature "Robin McAdam" subscribed to the within Indenture is the signature of me and is in the proper handwriting of me, this deponent. 3. THAT I am authorized to make and execute documents for an on behalf of the Company with or without the seal of the Company being affixed. SWORN TO at the City of Halifax, in the County of Halifax, in the Province of Nova Scotia, this day of , 2007. BEFORE ME: NOTARY PUBLIC PROVINCE OF NOVA SCOTIA ROBIN McADAM M & C 2007-373 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Emera Brunswick Pipeline Co. Ltd. - Permanent Access Agreement BACKGROUND In July of this year, Council authorized the Mayor and Common Clerk to execute Options for Easements for City owned properties which are being crossed by the Emera Brunswick pipeline. These easement documents focus on defining the rights and obligations of both parties regarding the installation and operation of a gas pipeline across such properties. Staff had identified an issue with respect to the easement documents as they provided Emera unlimited access points to their easements. The City did not dispute this right in the case of an emergency, however for regular inspection or maintenance, the City hoped to define the access points. Attached is the "Permanent Access Agreement" as negotiated by staff, pursuant to Clause 2(d) of the City -Emera Easement Agreements, which defines the various points of access, afforded the Emera Brunswick Pipeline Company Ltd. The purpose of this report is to secure Council's consent to enter in the attached Permanent Access Agreement. RECOMMENDA TION 1. That The City of Saint John enter into the "Permanent Access Agreement" with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions as attached to this M&C 2007-373, and further 2. That the Mayor and Common Clerk be authorized to execute the Permanent Access Agreement. Respectfully submitted, Jim Baird, MCIP Commissioner, Planning and Development Terrance L. Totten, F.C.A. City Manager PERMANENT ACCESS AGREEMENT (NEW BRUNSWICK) THIS PERMANENT ACCESS AGREEMENT made the day of ,2007. BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, in the County of Saint John and Province of New Brunswick. (the "City") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. (" Emera") OF THE SECOND PART WHEREAS: A. Emera is in the business of natural gas pipeline construction, operation, transmission and distribution and is intending to construct a natural gas pipeline known as the "Brunswick Pipeline", a portion of which will be located within the City; B. The City and Emera have entered into various Option for Easement Agreements (the "Easement Agreements") encumbering lands which the City is the registered owner as more oarticularlv described in Schedule "A" of the Easement C. Pursuant to clause 2(d) of the Easement Agreements, the City and Emera have agreed to define specific access points to and from the Easement Lands by way of a "Permanent Access Agreement". NOW THEREFORE in consideration of these premises and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Emera do hereby agree as follows: 1. The specific access points to and from the easement lands of the City pursuant to clause 2(d) of the Easement Agreements shall be as set out in Schedule "A" attached hereto; 2. This Permanent Access Agreement shall enure to the benefit of and be binding on the respective successors and assigns of the parties. IN WITNESS WHEREOF the parties hereto have signed this Agreement under seal on the date shown above at Saint John in the County of Saint John, Province of New Brunswick. THE CITY OF SAINT JOHN witness PER: NORMAN MCFARLANE, MAYOR witness PER: PATRICK WOODS, COMMON CLERK EMERA BRUNSWICK PIPELINE COMPANYL TO. PER: witness SCHEDULE "A" EMERA BRUNSWICK PIPELINE ACCESS POINTS TO CITY OWNED PROPERTIES 1 . PI D 52548 (Rockwood Park) - access over any existing or future road or vehicle usable trail that touches upon Emera's easement. 2. PID 411884 (Rockwood Park) - access off of Samuel Davis Drive. 3. PID 55018790 (Rockwood Park) - access off of Samuel David Drive. 4. PID 415208 - access from Bridge Street or Spar Cove Road, through Emera's easement onto PID 415208. 5. PID 40238 - access off of Spar Cove Road. 6. PID 40246 - access off of Spar Cove Road. 7. PID 40261 - access off of Bridge Street. 8. PID 305433 - Access off of Green Head Road 9. PID 55017719 - access off of Green Head Road 10. PID 35931 - access off of Green Head Road 11. PID 32599 - access off of Gifford Road 12. PID 464883 - access from the intersection of the western side of Green Head Road with the southwestern sideline of PID 464883, on a line at right angles to the western sideline of Green Head Road to the western sideline of PID 464883 13. PID 407866 - access from the public street located on the northeasterly side of PI D 407866 where Emera's easement intersects the said public street 14. PID 408815,.... access from what is known as the "Pipeline Road '^'__.I." __:-1 n:__I:__ n__-' 'A'__... ..._ k_ ____""__,.J '-:..._rw"t. 15. PID 286559 (on the south side of Highway No.1) - access from the King William Road over the Emera Easements to the eastern sideline of PID 286559 16. PID 286559 (on the north side of Highway No.1) - access from the access road north of Highway No.1, which access road is accessed from the Prince of Wales Exit 17. PI D 429670 - access from Emera's easement at the intersection with the eastern sideline of PID 429670 following said easement across PID 429670 to western sideline 18. PID 274456 - access from the access road north of Highway No.1, which access road is accessed from the Prince of Wales Exit. 19. PID 55024921 - access from Rothesay Avenue through Emera's easement onto PID 55024921 Brief on Public-Private Partnerships presented to The Common Council of the City of Saint John by Local 18 of the Canadian Union of Public Employees CUPE Research November 2007 Introduction On behalf of Local 18 of the Canadian Union of Public Employees, we would like to thank Common Council of the City of Saint John for the opportunity to make a presentation on the question of the privatization of water. This year, high levels of trihalomethanes (THM) were found in the drinking water of the City of Saint John. It brought to the forefront the idea of building two filtration plants for the City's water. We were surprised that the Common Council would consider public- private partnership as an alternative for the building of two water filtration plants in the City. The experience in Canada, and around the world, shows that public- private partnerships are not good because of accountability and of control. They are financially not good for the municipality, disastrous in terms of cost for the citizens and in term of services for the public. 1 Public-Private Partnerships are not the answer Public-private partnerships are terms invented to make it sound like it is positive and good. When we normally talk of a partnership, it means an agreement or an understanding, or an equal relationship for the long term. When it comes to these agreements signed by municipalities or governments, they are far from being good, fair and sound for the citizens. A public-private partnership is a contract signed with a company or with a consortium to design, build, own, maintain and operate an infrastructure. In the present case, it would mean that the company or consortium would sign a long term contract (20,25 or 30 years) with City of Saint John to built, maintain and operate two filtration plants. They would own the building for the length of the contract and the City would pay them a large sum of money annually to "lease" that building. In reality, what the City is paying for, are all the costs associated with the building, the interest that the company would have to pay plus a margin of profit on top of their costs. In most of those contracts, it also stipulates that the City could buy the building after the period of 20, 25 or 30 years at the "fair market value". Therefore, after 20, 25 or 30 years, the City would have to pay (again) for an infrastructure that they have been paying for during that lengthy period of time. If they are any improvements made to buildings, the "fair market value" will increase over the period of the so-called "lease". Public-private partnerships are not new in New Brunswick and in this region. One of the first public-private partnerships was the Confederation Bridge 2 between New Brunswick and Prince Edward Island. Then, there was the water filtration plant in Moncton, the Wackenhutt jail for youth in Miramichi, the Moncton to Fredericton highway, a school in Moncton, a school in Fredericton, a psychiatric hospital in Saint John (Centracare), a city hall building in Moncton, a sportsplex in Moncton and the extension of the highway from Woodstock to Grand Falls. They have all the same characteristics: the governments, the municipality of Moncton and the citizens have been taken on a long, expensive ride. The former Auditor General of the Province of New Brunswick analyzed three public-private partnership projects (Wackenhutt jail for youth in Miramichi, the Evergreen school in Moncton and the Moncton-Fredericton highway). He found that this model cost the province more money than if they had tendered the construction and owned the infrastructure in a traditional manner.1 Let's look at the example of Moncton when they decided to go to a public- private partnership to have, in 1998, a filtration plant designed, built, maintained and operated. A company called Greater Moncton Water Ltd. was given the contract after a request for proposals was issued, In fact, Greater Moncton Water Ltd. is owned 85% by US Filter and 15% by the Hardman Group. US Filter was a big American company that was sold to the multinational Vivendi, then a part of US Filter went to the German company Siemens and part to the successor of Vivendi, a company called Veolia. There is something fundamentally flawed in this notion of a successful proponent in a request for proposals. Under the J Report of the Auditor General, 1998, p. 167-197, 1999, Vol. 1, p. 67-9. 3 system of allocating a contract for the construction of an infrastructure, the municipality or the government knows the cost of construction, The lowest bid usually gets the contract. In a Public-Private Partnership, the successful proponent who has the lowest cost on the request for proposals gets the contract. Before a formal agreement is signed, they turn around, add financing and other costs in negotiations taking place between the successful bidder and the municipality or the government. This is a major grey area whereby things are agreed upon and written down in complex agreements, The City of Moncton claimed that there was big savings. The only argument presented by them was to say that the cost of the filtration plant would have been $32 million if the City had built it and the cost for Greater Moncton Water Ltd. was $23,1 million, They said that the saving was $12 mill1on. In fact, the City was comparing apples to oranges because the estimated $32 million plant was not the same one in size and had more capacity (in cubic meter) than the one built by Greater Moncton Water Ltd. Also, the $32 million estimate was done in 1989 and the technology had evolved between 1989 and 1998. An economist has calculated that the real borrowing cost paid by the City of Moncton. In a report done for CUPE, he said: "Assuming that Moncton could have borrowed at 5,854% for 20 years (the average yield on New Brunswick 20 year bonds in May 1998; source: Wood Gundy files), the current arrangement is costing the tax payers/water users of Moncton some $14.5 million undiscounted over the lifetime of the project, or about $8.56 million in today's money.,,2 2 The Moncton Water Treatment Plant, A dangerous precedent, A report prepared for CUPE, p. 14. 4 Those figures assume that the City would have borrowed 100% of the money. Often when an infrastructure is built, a municipality does not borrow 100% of the money. During the construction phase, they may allocate money from the annual budget on the construction costs. This is like making a down payment on a house to reduce the mortgage payments. The agreement for the filtration plant is a 20-year agreement. In Table I, we have an illustration of how this agreement works in a year. We have used the year 2006 because the data is available. The first line represents the amount of water consumed in Moncton in 2006, which includes Dieppe and Riverview. The amount is 17,800,000 cubic meters.3 The second line, or A, represents the capital component cost, B is the fixed operating cost component. C is the Capital repair and replacement reserve component, 0 is the variable chemical cost component, E is the variable electricity cost component, F is the variable sludge handling cost component and G is the estimated turbine generator power cost savings. The capital component cost (A), the fixed operating cost component (B) and capital repair and replacement reserve component (C) are amounts written in the agreement between the City of Moncton and the consortium. The variable chemical cost component (D) and the variable electricity cost component (E) use a formula based on the total water consumption by Moncton in cubic meter. The line G is the estimated turbine generator power cost savings and they have always been zero since 2000 when the filtration plant started to operate. This was a promise of revenue that never materialized. The tota~ water treatment charges are the total amounts paid by Moncton to the 3 2006 Annual Water Quality Report Moncton/Riverview/Oieppe, p. 2. 5 consortium in 2006 and is found in the audited Financial Statements of the City of Moncton.4 Table I Moncton Filtration Plant Monthlv Year (2006) Formula Total Water Consumption Moncton (cubic meter) $17,800,000.00 A Capital Cost Com oonent $223,416.66 $ 2,680,999.92 +8 Fixed Operatina Cost Component $ 53,250.00 $ 639,000.00 +C Capital Repair and Replacement Reserve Component $ 3,521 .96 $ 42,263.52 +0 Variable Chemical Cost Component $ 530,974.00 $0.02983 X 17,800,000 +E Variable Electricitv Cost Component $ 287,826.00 $0.01617 X 17,800,000 +F Variable SludQe Handlina Cost Comoonent Estimated $ 312,643.56 -G Estimated Turbine Generator Power Cost Savings $ TOTAL WATER TREATMENT CHARGES $ 4,493,707.00 When you look at Table I, there is a profit on every line. The lines A, S, C, D, E, and F are the costs charged to the City and not the actual or real cost spent on the item by the consortium. Line G was a promise that never gave any revenue to the City. According to the economist that did the study for CUPE, all of this amounted to 24% return on equity or profit a year.5 This is not surprising. In Great Britain, many water utIlities were privatized in the 1980's and 1990's. The result was that profits went up by 147% between 1990-1997 because of the doubling of water rate and a reduction of 8,600 jObs,6 In a recent study done by a consumer group in France, Union Federale des consommateurs (UFC), water companies are making huge profits. 4 The City of Moncton Water and Light Department Financial Statements, December 31, 2006, Grant Thornton, p. 25. 5 The Moncton Water Treatment Plant, A dangerous precedent, A report prepared for CUPE, p. 14. G CUPE's 2001 Annual Report on Privatization, p. 55. 6 ~French utilities, Veolia and Suez, are making 'astronomical profits' on water prices in spite of offering ineffectual services to their customers, said consumers' associationUFC in a study on municipal water prices. In its second study on the subject of French water prices, the UFC said prices in some areas were 'very abusive' and criticized the water boards of lIe-de-France, Gennevilliers and Marseilles as charging too much in water bills. The Ile-de-France water board makes an 'astronomical' 58.7 pct profit on its customers' water bills, followed by 56.1 pct at Marseille and 55 pct at Gennevilliers, said the UFC.,,7 In order to pay for this, municipalities have to increase the rate paid by citizens for their water. It happened in Moncton and Table II shows what was paid in total for the water before (1995 to 1999) and after the filtration plant went into operation in the year 2000. As can you see, the increase was $ 4,882,039.00 from 1999 to 2000, or an increase of 74.68%. For Riverview, as shown in Table III, it was an increase of $545,311.00 or 86.01 % from 1999 to 2000. For Dieppe, as shown in Table IV, it was an increase of $592,400.00 or 104.09% from 1999 to 2000. As you can see from the Table I, most of these increases are for the total water treatment charges of the filtration plant. 7 Newstext, Thompson Financial Services, October 29, 2007. 7 Table II MONCTON l includes DieDDs and Riverviewl YEAR COST OF DOLLAR PER CENT WATER INCREASE INCREASE Actual One year to the next One year 10 the next 2000 $11,419,012.00 $ 4,882,039.00 74.68% 1999 $ 6,536,973.00 $ 210,298.00 3.32% 1998 $ 6,326,675.00 $ 332,893.00 5.55% 1997 $ 5,993,782.00 $ 392,579.00 7.01% 1996 $ 5,601,203.00 $ 140,821.00 2.58% 1995 $ 5,460,382.00 Table III TOWN OF RIVERVIEW YEAR COST OF DOLLAR PER CENT WATER INCREASE INCREASE Actual One year to the next One year to the next 2000 $1,179,349.00 $ 545,311,00 86.01% 1999 $ 634,038.00 $ 76,113,00 13.64% 1998 $ 557,925.00 $ 93,057,00 20.02% 1997 $ 464,868.00 $ 68,907,00 17.40% 1996 $ 395,961.00 $ 67,969,00 20.72% 1995 $ 327,992,00 Table IV CITY OF DIEPPE YEAR COST OF DOLLAR PER CENT WATER INCREASE INCREASE Actual One year to the next One year to the next 2000 $1,161,546.00 $ 592,411.00 104,09% 1999 $ 569,135.00 $ 62,440,00 12.32% 1998 $ 506,695.00 $ 110,401,00 27.86% 1997 $ 396,294.00 $ 53,417,00 15.58% 1996 $ 342,877.00 $ 42,102,00 14.00% 1995 $ 300,775.00 8 To conclude this section, there are no savings whatsoever in using the public~ private partnership model. In a recent study done at the request of the Federation of Canadian Municipalities (FCM), an independent researcher said this about the financing of the public-private partnership model: "With decreasing frequency we read that P3s compensate for the problems municipalities have tracking down a lender or that P3s pave the way to less expensive funding. Such statements are much too obviously untrue and completely untenable. Today, almost everybody recognizes this. On the other hand, another falsehood of the same ilk somehow manages to persist the argument that a P3 allows one to benefit from the asset, such as a city hall property or the wall of a municipal garage, without having to enter a loan, the municipality has to pay rent. Therefore, by sleight of hand, this approach would not affect the municipality's credit. If this seems too good to be true, that is exactly the case. It is a tantamount to believing that can you have your cake and eat it too." 8 Looking at public-private partnerships for the health sector, an economist said: "Even without considering the questions of ownership. control and profit, P3s are an expensive way for governments to borrow money. Because of the assurances government can provide to lenders with respect to repayment, governments are able to borrow at substantially lower rates of interest than private corporations. The difference between the borrowing rate for a P3 and the rate for government represents the premium demanded by lenders to offset the risk of default It also constitutes the first level incremental cost of using P3s as a financing vehicle for public infrastructure. Because these financing vehicles typically cover relatively long time periods, the difference in borrowing costs can be quite substantial for apparently minor differences in interest rates."g B Pierre J. Hamel; Public-Private Partnerships (P3s) and Municipalities: Beyond Principles, a BI'iel Overview of Practices, pA2, http://www,ucs.inrs.ca/pdf7PPPMunEl1,pdf 9 Hugh Mackenzie; Financing Canada's Hospitals: Public Alternatives to P3s, p, 27. 9 The issue of control and accountability When a municipality agrees to a public-private partnership, they are giving away the control of the infrastructure to the corporations. In the case of a filtration plant, it creates an awkward situation where the municipality controls the supply of water, the distribution and the billing of the water but there is a part that they no longer control. Apart from the financial aspect, it is clear that these companies will want to control the whole system. This is exactly what happened in Moncton. The consortium was not satisfied with only making profits on the filtration plant. So they made a proposal to the City to take over the whole system. This proposal was narrowly defeated by the Council following a public campaign from citizens. Municipalities need to keep the total control over their water and their infrastructures. Corporations are only accountable to themselves, and most often to their Board and sometimes to their shareholders. In a municipality, employees are accountable to the municipality and elected councilors and mayors are accountable to the citizens by ways of audit and, in the end, through the election process. 10 Conclusion In closing, we would to thank the Common Council of the City of Saint John for the opportunity to make this presentation. We feel that this is only the beginning of a dialogue on a very important question for the Council and all the cltizens of the City of Saint John. For all the reasons already expressed in this brief, it is not a good idea to consider a public-private partnership for the two filtration plants to be built. Public-private partnerships are not good financially. They cost more and citizens end up paying for the profits made by corporations. By keeping the water under the control of the municipality, the City of Saint John will be certain to have full control over the whole operation and will be accountable to the citizens. F?L : mv!cope49"; 11 Application for Amendment to Section 39 Resolution or Agreement Demande de mo4iflcation de la resolution ou de l'entente relative it Particle 39 Applicant Related Information I Renseignements sur Ie demandeur Name of Applicant/Nom du demandeur A"TLANT Ie. /-to rne..r WI Pr<Queb'Vlc f;LtS t.. fcl . ioq q Gok/eM Gvooe Kd. E:lH~xl Mailing Address of Appliicant / Adresse postale du demandeur SCU~+ J() ~V1 ~ 11 (tj - Postal Code I Code postal Telephone Number / Numero de telephone: Home / Domicile (5'~&) ~ '3G.,.- 00 3'-1- Work I travail (5010) fp 33 >-/8' I b Fax Number I Numero de telecopieur (5o~) b3 if- 7 ~ 36 Name of Property Owner (if different) I Nom du proprietaire (si different) Postal Code / Code postal Existing Resolution I Resolution actuelle Date of Resolution to be Amended I Date de la resolution a modifier Location / Emplacement /0'/9 Cd Idet1 (;y{)(){. Civic NO./No de voirie f/;2!?I'- ;)} !let Street I Rue I r e.Vvt -:if D ;2 oo?- Irt 1M. :tf f tI 003/0;"'? 2- PID I NIP Applicant's lnterest in Property / Interet de demandeurs dan la propriete VW;.IE 12 ., What is your Proposal? I En quoi consiste votre proposition? Note; Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan au un dessin entierement cote illustrant votre proposition, (Decrire la proposition en detail) QJ anA.{ l ~1crtu5'd rpQj' f-11j .5pac~ A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John. Ci-joint des frais de 300 $ so us forme de cheque?u ~ mandat-poste Iibell l'ordre de The City of Saint John. _ Signature of Applicant / Signature du demandeur V ~~ A H r Date Signature of the owner must be included, I Lasignature due proprietaire doit etre inclust/j A J ~.... -J- Signature of Owner (if applicable) I signature du propriHaire (s'i1 ya lieu) V -1.;VL~ Date 11M. PROPOSED SECTION 39 AMENDMENT RE: 1099 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held on Monday, December 3, 2007 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the April 2, 2002 rezoning of the property located at 1099 Golden Grove Road, also identified as PID number 00310292, as amended on January 20, 2003 and November 7,2005, to permit a revised proposal, PROJET DE MODIFICATION DE VARTICLE 39 OBJET: 1099, CHEMIN GOLDEN GROVE Par les presentes, un avis public est dOlll1e par leque1 Ie conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra Ie lundi 3 decembre 2007 a 19 h en apportant les modifications suivantes : Modification des conditions de l'artic1e 39 imposees relativement au rezonage du 2 avril, 2002, du terrain situ6 au 1099, chemin Golden Grove, et portant Ie NID 00310292, tel que revise Ie 20 janvier, 2003 et Ie 7 novembre, 2005, pour permettre une proposition revisee, REASON FOR CHANGE: RAISON DE LA MODIFICA nON: To permit the buildings at 1099 Golden Grove Pour pennettre que les edifices au 1099, chemin Road to have a height of two storeys. Golden Grove aient une hauteur de deux etages. The proposed amendment may be inspected by any Toute personne interessee peut examiner Ie projet interested person at the office of the Common de modification au bureau du greffier communal au Clerk, or in the office of Planning and au bureau de l'urbanisme et du developpement a Development, City Hall, 15 Market Square, Saint l'hOtel de ville au 15, Market Square, Saint John, John, N.B. between the hours of 8:30 a.m. and 4:30 N,-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, p.m., Monday through Friday, inclusive, holidays sauf les jaW's feries. excepted. Written objections to the amendment may be sent Veuillez faire part de vas objections au projet de to the undersigned at City Hall. modification par eerit a l'attention du soussigne a l'hOtel de ville. PROPOSED SECTION 39 AMENDMENT RE: 1099 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held on Monday, December 3, 2007 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the April 2, 2002 rezoning of the property located at 1099 Golden Grove Road, also identified as Pill number 00310292, as amended on January 20,2003 and November 7,2005, to permit a revised proposal. REASON FOR CHANGE; To permit the buildings at 1099 Golden Grove Road to have a height of two storeys. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a,m. and 4:30 p,m" Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J, Patrick Woods, Common Clerk 658-2862 ------------------------------------------------------------------ PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET: 1099, CHEMIN GOLDEN GROVE Par les presentes, un avis public est donne par lequel Ie conseil conrmunal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra Ie lundi 3 decembre 2007 a 19 h en apportant les modifications suivantes : Modification des conditions de J1artic1e 39 imposees relativement au rezonage du 2 avril, 2002, du terrain situe au 1099, chemin Golden Grove, et portant Ie NID 00310292, tel que revise Ie 20 janvier, 2003 et Ie 7 novembre, 2005, pour pennettre une proposition revisee. RAISON DE LA MODIFICATION: Pour permettre que les edifices au 1099, chemin Golden Grove aient une hauteur de deux etages. Toute personne interessee peut examiner 1a modification proposee au bureau du greffier communal au au bureau de l'urbanisme et du developpement a l'hOtel de ville situe au 15, Market Square, it Saint John, au Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussigne a l'hOtel de ville. J, Patrick Woods, Greffier communal 658-2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 08014422010 De artment: Common Clerk's Office (Account # 71206 Contact: J. Patrick Woods Phone: 506) 658-2862 Special Instructions (if any): Fax: (506 674-4214 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) .. SJTJ City Information Ad Date(s): Tuesday, November 6, 2007 Tuesday, November 27, 2007 .. SJTJ Independent Placement .. SJT J Classifieds Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: D General Notice D Tender D Proposal ~ Public N otlce 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 DATE: NOVEMBER 23, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF NOVEMBER 27, 2007 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Vince Catton Name of Owner: Vince Catton (Atlantic Home Improvements Ltd.) Location: 1099 Golden Grove Road PID: 00310292 Municipal Plan: Light Industrial Zoning: "I -1" Light Industrial Proposal: To add a second storey on each of the two buildings currently located on the property (an office/showroom and a self-storage building). Type of Application: Amendment to Section 39 conditions. JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, December 3,2007. Vince Catton 1099 Golden Grove Road Page 2 November 23,2007 STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the April 2, 2002 rezoning of the property located at 1099 Golden Grove Road, also identified as PID number 00310292, as previously amended on January 20,2003 and November 7,2005, by: 1) increasing the maximum permitted building height to 7.3 metres (24 feet) for both buildings; 2) removing the condition that no signage be permitted on the property advertising any business located within the garage building except for a small directional sign to be located on the pedestrian doorway, intended to direct customers to the property at 1151 Golden Grove Road; 3) limiting the total amount of signage on the subj ect property to a total of 13.9 square metres (150 square feet), with a further restriction that the signage not be illuminated. BACKGROUND: In addition to the subject property at 1099 Golden Grove Road, the applicant also owns the property at 1151 Golden Grove Road, which is located across Clark Road East from the subject site. The development history of these two properties is intertwined and this section of the report provides an overview of both sites. In 1999, Mr. Catton submitted an application to rezone his residential property at 1151 Golden Grove Road from "RS-IM" One and Two Family and Mobile Home Suburban Residential to "B- 2" General Business in order to permit his contracting company, Atlantic Home Improvements Ltd., to relocate from its location in the Grandview Industrial Park. At the time, in addition to the residence, a 9.1 metre x 18.3 metre (30 feet x 60 feet) garage was existing on the property. It was proposed to renovate the garage to accommodate offices and storage for the business. While the Committee did not recommend the proposed amendment, Council proceeded to rezone the property subject to several conditions imposed pursuant to Section 39 of the Community Planning Act. Subsequently, in 2001, Mr. Catton submitted an application to re-designate and rezone the subject property, 1099 Golden Grove Road, from residential to light industrial in order to permit the establishment of a self-storage business comprised of two buildings containing a total of twenty- six rental units. In conjunction with this proposal, the applicant intended to construct a 9.1 metre x 18.3 metre (30 feet x 60 feet) garage that was to be accessory to his dwelling at 1151 Golden Grove Road and would be for personal use only. Prior the Committee hearing the application, the applicant revised the proposal by reducing the number of rental units from twenty-six to sixteen, to be contained within one building. The Vince Catton 1099 Golden Grove Road Page 3 November 23,2007 Committee recommended the Municipal Plan and Zoning By-law amendments and included as part of their recommendation a list of several conditions. Council followed the Committee's recommendation and adopted the amendments, complete with the Section 39 conditions. Amongst the conditions were limitations on the height of the self-storage building to a maximum of3.66 metres (12 feet) and the height of the garage to a maximum of5.49 metres (18 feet). It is these conditions which are the subject of the present application. Amongst the other conditions imposed in 2001 was a restriction that the use of the property be "restricted to the applicant's proposal for self-storage rental units and a garage to be used for personal use by the property owner, and that it not be used for commercial use". In 2002, Mr. Catton submitted an application to amend this condition in order to allow the garage to be used for business offices and/or commercial storage space. Council, following the Committee's recommendation, adopted the proposed change but imposed further conditions, including one that the garage be used only as part of the same business located at 1151 Golden Grove Road. In 2005, an application was submitted to amend the Section 39 conditions affecting both properties by: 1) Adding a pet grooming salon 1 to the list of permitted used at 1151 Golden Grove Road and removing a showroom for a building contractor business (offices and interior material storage are still permitted); 2) Removing the condition that the business offices and/or commercial storage uses at 1099 Golden Grove Road must be used in conjunction with the business at 1151 Golden Grove Road; and 3) Permitting an office, showroom and interior material storage for a building contractor business at 1099 Golden Grove Road. The Committee recommended that above changes and Council adopted an amending resolution in November of2005. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the application. Building and Technical Services has no comment concerning the proposed amendments to the Section 39 conditions. Saint John Transit indicates that it does not provide service to the Golden Grove Road. 1 While Council approved the proposed change, the pet grooming salon was never established and according to the applicant the garage is presently only used for offices and storage. Vince Catton 1099 Golden Grove Road Page 4 November 23,2007 Fire Department has been forwarded a copy of the application. N.B. Department of Public Health and Wellness has been forwarded a copy of the application. ANALYSIS: The subject site is located at the intersection of Clark Road East and Golden Grove Road in East Saint John. The area is predominantly low density residential in nature although there are portions of Golden Grove Road that are zoned industrial and commercial; however, these areas are significantly closer to McAllister Drive. The subject property has an area of approximately 2,000 square metres (half an acre), having frontage along both Clark Road East and Golden Grove Road. The property narrows to a fine point at the street intersection. The site is partially treed at the western side of the site and appears to have been developed in accordance with the approved site plan. It should be noted however that, based on the City's aerial photography, the site plan submitted in 2002 does not appear to accurately reflect the property boundaries or the actual site configuration. Presently located on the site are two buildings: a 9.1 metre x 18.3 metre (30 feet x 60 feet) building (formerly a garage) containing an office, showroom and interior material storage for a building contractor business (Atlantic Home Improvements) and a 6 metre x 26.8 metre (20 feet x 88 feet) self-storage facility. The applicant is proposing to add a second storey to each of the existing buildings but, due to the height restrictions imposed by Council, an amendment to the Section 39 conditions is required. There is no mention in the previous Staff Reports, the Planning Advisory Committee minutes or Council minutes as to the rationale for imposing the specified height restrictions. It is assumed that the intention was to limit the approval to the specific proposal submitted at the time with any modifications requiring further review by Council. Discussions with the applicant have revealed that he is in the process of consolidating the business at one location. Instead of having elements of the business on both properties, the offices located in the out-building at 1151 Golden Grove Road will be relocated to the proposed addition. While Planning staff did not recommend either of the original rezonings, from a land-use perspective it would be preferable to have the commercial activity completely on the one site (1099 Golden Grove Road) and, given that there would be no net increase in the amount of floor space devoted to the business, there is a rationale to support the current proposal. However, in the same discussions with the applicant he has stated that some portion of the business may continue to be undertaken at his residential property, at least in the short term, and he would prefer the flexibility of continuing to use the out-building on the residential property for office/storage purposes if necessary. Although modifications to the conditions affecting the property at 1151 Golden Grove Road are beyond the scope of the present application, if the commercial use were allowed to continue at that location the result would be a substantial increase in the scale of the business. Notwithstanding the above, given that the purpose of this Vince Catton 1099 Golden Grove Road Page 5 November 23,2007 application is to provide for the severability of the business from the residential property, it is not anticipated that the property at 1151 Golden Grove Road will continue to be used for commercial purposes in the long term. In addition, the applicant has verbally indicated that the height of the proposed office/showroom building would be approximately 7.3 metres (24 feet). The maximum height imposed by Council for this building was 5.49 metres (18 feet), although the existing building does not appear to be constructed to this height. By way of comparison, the maximum height for a main building in the surrounding "RS-IM" One and Two Family and Mobile Home Suburban Residential zone is 9 metres (29. 5 feet), while the "1-1" Light Industrial zone permits main buildings with a maximum height of 12.5 metres (41 feet). Given that the addition of a second storey to the office/showroom building would not result in a building height that would be out of context with what is permitted in the surrounding neighbourhood, increasing the maximum permitted building height to the requested 7.3 metres (24 feet), can be supported. Regarding the addition to the self-storage building, the building is located at the bottom of a small embankment which is crowned with a row of mature trees. It is therefore not anticipated that the structure itself will have a significant impact on the adjacent property owner. Further, the office/showroom building, even at its present height, provides a measure of screening when approaching the site from the east. Although the addition will result in a greater intensification of the commercial use of the site, the self-storage facility can be considered to be a low-impact use and a reasonable relaxation of the height restriction can be supported. During a site visit it was noticed that there are several facia signs attached to the office/showroom building for which the records of the Building and Technical Services Department do not indicate that permits were obtained. Further, when the Section 39 conditions were amended in 2002 to permit the conversion of the garage to business offices and/or commercial storage, Council imposed as a condition that "no signage be permitted on the property advertising any business located within the garage building, except for a small directional sign to be located on the pedestrian doorway, intended to direct customers to the property at 1151 Golden Grove Road". A pre-existing freestanding sign (for which a building permit was obtained) was allowed to remain and Council specifically allowed it to be modified to include the words Atlantic Home Improvements. If the business is relocated entirely to the subject site, it would be appropriate to either amend or remove the limitation on signage because the main commercial use will no longer be taking place at 1151 Golden Grove Road. There is approximately 9.29 square metres (100 square feet) of signage currently on the site. The applicant has expressed an interest in potentially increasing the amount of signage to approximately 13.9 square metres (150 square feet) once the additions are constructed. Staff does not consider the proposed amount of signage excessive as it would be below both the maximum of 49.7 square metres (535 square feet) permitted in the "1-1" Light Industrial zone and the maximum of28.4 square metres (306 square feet) allowed in the "B-1" Local Business zone. To ensure that the signage causes as little impact as possible on the surrounding residential Vince Catton 1099 Golden Grove Road Page 6 November 23,2007 neighbourhood, it is recommended that a condition be imposed restricting the signs to be non- illuminated. CONCLUSION: Planning staff did not recommend the re-designation and rezoning of the subject site on the basis that it would be a major departure from the policies for residential areas as set out in the Municipal Plan. Concern was expressed about the nature of the business undermining the residential character of the neighbourhood and the potential that future expansion would have on the area. While these concerns persist, the consolidation of commercial activity on one property is appropriate and can be supported if it does not result in a significant increase in the scale of the business or intensification of use. It is not anticipated that the height of the proposed additions or the proposed signage would be inconsistent with the surrounding neighbourhood and relaxing the existing restrictions can be supported. PF Project No. 07-421 PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT \'-'/' .- .- .' j :' \ :: ~-'"'~ RF \< , I '"' ~".,.~. \ ~~ ./i / . ,i ~"-""'"' ~- ~, ~ ~------- ;' ~ .... ) , ~~ #>~ ""~ ') ,/", ! /), i ,,\, 'M If! I ~~ / \_~~_/ \ \ -\ : /' fj, _ ~'I I ~ R F \ \,~--~ IV ,---;--------1 ;1 ! \ ~- ~- -- .'1' ~ ,. \ \ . I . \ ,,---- \ ". ,- - __ I ' /~ ..... --'-~----'- -r~-------J t-.-_ ~ / . In ' I, ---'_ . .~ /~// ~_.._-_._.~- -;"--'--\ ;-----=;;- 7 l .',------ //'------ \ .. ~ -..-- II ""I' i--- -------.J : ......./ . ----.-- I . ;/ \! _/ ...~/- !----.j ( \. ; ,////.- ------j! ! ; .,.- Iii ; ; I 1,., J ; - 'I I . ~._-- ../ f----l ; ~ \ -~-- I"~ -7 ~ ; \_____~~ I -_J ~ ! I ; . - -- Subject Site/site en question: - PID(s)/NIP(s): 00310292 Location: 1099 , ch. Golden Grove Road Date: November I novembre 13, 2007 Scale/echelle: Not to scale/Pas a I'echelle ~ o ~ D.) ~ ct- ~ --:i- ~ 0- ~ o 0) ~~ ~\ ./ ~Y-- ;' \ ~~ \ ~iS q 6 Q: f..L.J -\.c Q:::- ""f o U 1 0<, rr- ~ ~ ~-='<3~nS /:~""dS.y r--Y \S s IO~~0e- UN \1> a Q:) Q q] ~ E en Q '" ~II d V?5C ^"" <8:3 ~..L- -,.,IlfM.l" N 'rl1> WI", I "" P \ "<:-L\ I S;\.,. rl~1\ qDD",~8J 10/1"", 100\ .. , , ",1.0C\'~ . .:,"./ (\1..,;1 BY-LAW NUMBER BIA-l BUSINESS IMPROVEMENT AREA BY-LAW Be it enacted by the Common Council of the City of Saint John as follows: ARRETE RELA TIF A LA ZONE D' AMELIORATION DES AFF AIRES Le consei1 communal de The City of Saint John decrete ce qui suit: The Business Improvement Area By-law of L'arn3te relatif a 1a zone d'amelioration The City of Saint John enacted on the fifth day of des affaires de The City of Saint John decrete Ie January, 2004, is amended by: 5 janvier 2004 est modifie par: Expanding the Business Improvement Area to include the following properties: Civic Address o Carleton St. o Carleton St. o Carleton St. 53 Carleton St. 54 Carleton St. 57 Carleton St. 59 Carleton St. 101 Carleton St. 122 Carleton St. o Chipman St. o Chipman st. 44 Coburg St. 21 Coburg St. 31 Coburg St. 34 Coburg St. 38 Coburg St. 40 Coburg St. 42 Coburg St. 7 Dorchester St. 9 Dorchester St. 12 Dorchester St. 19 Dorchester St. 20 Dorchester St. 26 Dorchester St. 29 Dorchester St. 31 Dorchester St. 34 Dorchester St. 43 Dorchester St. 66 Dorchester St. 68 Dorchester St. 69 Dorchester St. 72 Dorchester St. 74 Dorchester St. 75 Dorchester St. 12 Hazen Av. 9 Peel St. 10 Peel St. 11 Peel St. 25 Peel St. 20 Peters St. 221 Prince William St. 227 Prince William St. 229 Prince William St. 240 Prince William St. 242 Prince William St. 1"'\ A A T\__o _ _ ",,(",,(Tol10_ C'1.L PID 37689 37739 37747 37705 37515 55033765 55033765 37622 37572 37465 37481 15487 38265 38281 15446 15461 15479 15487 39966 38075 38034 38083 38018 38000 38109 38117 37986 37622 37952 37945 39677 39644 39636 39685 37457 37473 37754 37473 37762 12310 6114 6676 6676 6072 6072 Pan 1629598 1629645 1629653 1629611 1629425 3611583 3611583 1629530 1629483 1629378 1629394 1634399 1630052 1630078 1634357 1634373 1634381 1634399 1631058 1629946 1629904 1629954 3817197 3817197 1629970 1629988 1629857 1629530 3819254 3819254 1630329 3819254 3819254 1630329 1629360 1629386 1629661 1629386 1629679 4733168 1623275 4602935 4602935 1623233 1623233 L'expansion de 1a zone d'amelioration des affaires qui inclut 1es proprietes suivantes : Adresse municipa1e : 0, rue Carleton 0, rue Carleton 0, rue Carleton 53, rue Carleton 54, rue Carleton 57, rue Carleton 59, rue Carleton 10 1, rue Carleton 122, rue Carleton 0, rue Chipman 0, rue Chipman 44, rue Coburg 21, rue Coburg 31, rue Coburg 34, rue Coburg 38, rue Coburg 40, rue Coburg 42, rue Coburg 7, rue Dorchester 9, rue Dorchester 12, rue Dorchester 19, rue Dorchester 20, rue Dorchester 26, rue Dorchester 29, rue Dorchester 3 1, rue Dorchester 34, rue Dorchester 43, rue Dorchester 66, rue Dorchester 68, rue Dorchester 69, rue Dorchester 72, rue Dorchester 74, rue Dorchester 75, rue Dorchester 12, avenue Hazen 9, rue Peel 10, rue Peel 11, rue Peel 25, rue Peel 20, rue Peters 221, rue Prince William 227, rue Prince William 229, rue Prince William 240, rue Prince William 242, rue Prince William _ T\ __' _ _ ""(""( TOll' _ NID: 37689 37739 37747 37705 37515 55033765 55033765 37622 37572 37465 37481 15487 38265 38281 15446 15461 15479 15487 39966 38075 38034 38083 38018 38000 38109 38117 37986 37622 37952 37945 39677 39644 39636 39685 37457 37473 37754 37473 37762 12310 6114 6676 6676 6072 6072 NAP 1629598 1629645 1629653 1629611 1629425 3611583 3611583 1629530 1629483 1629378 1629394 1634399 1630052 1630078 1634357 1634373 1634381 1634399 1631058 1629946 1629904 1629954 3817197 3817197 1629970 1629988 1629857 1629530 3819254 3819254 1630329 3819254 3819254 1630329 1629360 1629386 1629661 1629386 1629679 4733168 1623275 4602935 4602935 1623233 1623233 ~~ ......_.._~~ ........... ~~-~~.~ ~ ~, ~ -- ...... - . . -~~ ~~-~~.~ 19 Sewell St. 38612 1630345 19, rue Sewell 38612 1630345 23 Sewell St. 39792 4019807 23, rue Sewell 39792 4019807 25 Sewell St. 39792 4019807 25, rue Sewell 39792 4019807 29 Sewell St. 38604 1630337 29, rue Sewell 38604 1630337 33 Sewell St. 39784 1630947 33, rue Sewell 39784 1630947 37 Sewell St. 39768 1630921 37, rue Sewell 39768 1630921 39 Sewell St. 38596 1630329 39, rue Sewell 38596 1630329 o Station St. 38760 1630400 0, rue Station 38760 1630400 o Station St. 55038087 1630434 0, rue Station 55038087 1630434 92 Station St. 38737 1658945 92, rue Station 38737 1658945 96 Station St. 38745 1630387 96, rue Station 38745 1630387 96 Station St. 55020010 1630387 96, rue Station 55020010 1630387 99 Station St. 40048 4324171 99, rue Station 40048 4324171 100 Station St. 38752 1630395 100, rue Station 38752 1630395 124 Station St. 38778 1630418 124, rue Station 38778 1630418 125 Station St. 40048 1659006 125, rue Station 40048 1659006 126 Station St. 38786 1630426 126, rue Station 38786 1630426 130 Station St. 38620 1630434 130, rue Station 38620 1630434 132 Station St. 55159149 5376286 132, rue Station 55159149 5376286 135 Union St. 37309 1629221 135, rue Union 37309 1629221 137 Union St. 37309 1629221 137, rue Union 37309 1629221 139 Union St. 37309 1629221 139, rue Union 37309 1629221 220 Water St. 6114 1623275 220, rue Water 6114 1623275 230 Water St. 6676 4602935 230, rue Water 6676 4602935 12 Wellington Rw. 37903 1629807 12, rang Wellington 37903 1629807 16 Wellington Rw. 37895 1629792 16, rang Wellington 37895 1629792 18 Wellington Rw. 37887 1629784 18, rang Wellington 37887 1629784 23 Wellington Rw. 37804 1629718 23, rang Wellington 37804 1629718 24 Wellington Rw. 37879 1629776 24, rang Wellington 37879 1629776 27 Wellington Rw. 55165294 1629726 27, rang Wellington 55165294 1629726 30 Wellington Rw. 37861 1629768 30, rang Wellington 37861 1629768 32 Wellington Rw. 37853 1629750 32, rang Wellington 37853 1629750 38 Wellington Rw. 37846 1629742 38, rang Wellington 37846 1629742 40 Wellington Rw. 37838 1629742 40, rang Wellington 37838 1629742 - all as shown on the plan attached hereto and forming - toutes les modifications sont indiquees sur Ie part of this by-law. plan ci-joint et font partie du present arrete. IN WITNESS WHEREOF The City of Saint John has EN FOI DE QUOI, The City of Saint John a fait caused the Common Seal of the said City to be affixed apposer son sceau communal sur Ie present arrete to this by-law the * day of *, A.D. 2007 and signed by: Ie 2007, avec les signatures suivantes : Mayor/maire Assistant Common Clerk/Greffiere communale adjointe First Reading Second Reading Third Reading - November 19,2007 - November 19,2007 Premiere lecture Deuxieme lecture Troisieme lecture - 19 novembre 2007 - 19 novembre 2007 BY-LAW NUMBER M-23 A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE NO M-23 ARRETE MODIFIANT L' ARRETE SUR L'INTERRUPTION DE LA CIRCULATION 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 195 immediately after Section 194 thereof, as follows: 1 Par les presentes, l'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 l'article 195 immediatement apres l'article 194, comme suit: 195 The City of Saint John does hereby 195 Par les presentes, The City of Saint stop up and close permanently the John barre et ferme de fa90n permanente la following portion of highway: portion d'une route suivante : EMCO LANE: That sixty-six (66) foot, twenty and twelve hundredths (20.12) metre wide public street in The City of Saint John, formerly the City of Lancaster, in the County of Saint John and the Province of New Brunswick, bounded northwestwardly by the southern sideline of Fairville Boulevard, northeastwardly by lands owned by Ellerdale Investments Ltd., southeastwardly by lands owned by The City of Saint John and formerly owned by the Canadian Pacific Railway Company and southwestwardly by lands owned by the Saint John Transit Commission, intended to be Emco Lane in its entirety. 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: ALLEE EMCO : Cette voie publique de soixante-six (66) pieds, soit vingt metres et douze centiemes (20,12) de largeur dans The City of Saint John, anciennement la ville de Lancaster, dans Ie comte de Saint John et dans la province du Nouveau- Brunswick, delimitee au nord-ouest par la limite laterale sud du boulevard Fairville, au nord -est par des terres appartenant a Ellerdale Investments Ltd., au sud-est par des terres appartenant a The City of Saint John et ayant appartenu a Chemin de fer Canadien Pacifique Limitee, et au sud- ouest par des terres appartenant a la Commission de transport de Saint John, a prevu etre l'allee Emco dans son integralite. EN FOI DE QUaI, The City of Saint John a fait apposer son sceau communal sur Ie present arrete Ie *** 2007, avec les signatures suivantes Mayor/Maire Assistant Common Clerk/Greffiere communale adjointe First Reading - November 19,2007 Second Reading - November 19,2007 Third Reading Premiere lecture - 19 novembre 2007 Deuxieme lecture - 19 novembre 2007 Troisieme lecture - Mayor and Council City of Saint John November 25,2007 Re: Heritage Building Trust Corporation Your Worship, Deputy Mayor and Councilors: Resolution: Council seek consultation on the viability of establishing a Heritage Building Trust Corporation. The City of Saint John may for the purposes of enabling development find itself acquiring buildings that of are historical and/or architectural value. Further, the city may on occasion become aware of such buildings not necessarily associated with any particular development but otherwise may be at risk of becoming derelict or depleted of their historical/architectural value. In consideration of this, we need to be mindful that there are many historical edifices beyond areas designated as 'Heritage' yet equally deserving of preservation. This proposal is not to suggest that the City of Saint John aggressively pursue every historical building in the City of Saint John for purchase, but rather have an evaluation process in place and a mechanism available to purchase historical properties that may be at risk. A Heritage Building Trust Corporation could be established to hold these properties. A cost recovery program could be established whereby the properties could be leased out on long term contracts to developers / property management firms for developing commercial and / or residential space on a sublease basis. The Heritage Building Trust Corporation would likely seek, in conditions of a lease, recovery costs of the original purchase, annual taxes and maintenance agreements that protect the heritage / article value of the property. These would likely be of interest and value to developers because in developing heritage property, often the cost of acquiring the building plus the cost of restoration and renovation costs make such developments unfeasible. However, such an arrangement as proposed - which is essentially a partnership -developments could become more feasible. Developers could include any private sector company or nonprofit housing group. For instance, such an arrangement may be of interest to Saint John Non Profit Housing. This group certainly has the expertise and track record of good property development and management yet at times struggles with finding development opportunities to meet the huge demand of those requiring affordable housing. In this instance such a proposal would have double benefits for the City of Saint John, that being, enabling the preservation of a heritage building and enabling more affordable housing. I believe, that this is a concept worth pursuing, however, I feel it important to receive input to determine if it is at all viable. Accordingly, I would request council seek input from various sources on the consideration of this proposition, and if it would be worthy of implementing. Such sources of input would include: City Management, Non -Profit Housing Groups, Heritage Preservation Board, and the public in general. Respectfully Submitted, Received bye-mail Stephen Chase Councillor November 28,2007 Your Worship Norm MacFarlane And Members of Common Council Re: Parking for Visitors at the Millennium Dome In a previous open meeting of Council a letter from a citizen was in our consent agenda from a lady that raised a couple of questions to Council. One of her questions was about the lack of parking for the many people who want to visit the Millennium Dome on Garden Street. I contacted the author of the letter and talked to her about the issues she addressed in her letter to us. She stated she was an elderly lady who has a number of relatives and friends who visit her throughout the year and a number of them like to visit the dome and its surrounding gardens. I thought this seemed to be a reasonable request considering the efforts this Council has gone through to try to make our City more user friendly and with more activities for everyone to enjoy than in the past. This also seemed reasonable considering that a local company was kind enough to erect the dome from the old General Hospital in a public place with a beautiful garden for everyone to enjoy. The only thing lacking is a place for the people who would like to visit the site to park their vehicles. A suggestion was made that a small parking lot for about a have dozen cars off Station Street with a nice path up the hill to the dome would enhance the public's access to this beautiful public area and would also be the City's contribution to this public area and, I'm sure would be taken as a thank you by the company who has put a large amount of money into this public site. I move that staff investigate proper placement of a small parking lot so citizens can safely visit the Millennium Dome. Respectfully, Received bye-mail Bill Farren Councillor The City of Saint John November 28,2007 Your Worship Mayor Norm MacFarlane and Common Council Re: A Thank you for Keepim!: the Saint John Throu2:hway Presentable Your Worship I just want to state again how much I and a number of people in our City appreciate the work that J. D. Irving has done on the entrances and throughway. The planting of trees and the mowing of grass means a lot to the enhancement of our City and this company does it year after year. I think a thank you is the least we can do for this great work that this company does in keeping the area looking the way it does. I also want to send a thank you to this same company for providing yet another green space to our area on the old Centracare Hospital site. They have planted trees and flowers and mowed grass on that whole site as well as erecting huge wooden carvings of people who have helped make this City what it is today. People like Mr. Simms who started the Simms Brush factory and ships its products around the world, P. W. Oland who keep Moosehead Breweries in Saint John and made it into a company that ships its products around the world from right here in Saint John, and the many other statues that are erected on that site which they are continually adding to. I move that the Mayor send a letter on behalf of Council and the public to J. D. Irving Ltd. thanking them for keeping the entrances to our City and the throughway itself in excellent condition, and for their work on the old Centracare Hospital site keeping it open to the public. Respectfully, Bill Farren Councillor The City of Saint John November 28,2007 Your Worship Mayor Norm MacFarlane and Common Council Re: Update on Passenger Train Service to the City A motion was made a number of months ago by myself and passed by Council for information concerning the possibility of providing passenger train service to Saint John. I am looking for an update from staff on any information concerning this. I move that staff provide an update on the motion made by Council concerning the possibility of passenger train service being reinstated in Saint John. Respectfully, Received bye-mail Bill Farren Councillor The City of Saint John November 28,2007 Mayor Norm McFarlane And Members of Common Council Subject: Vulnerable Neighborhood Weekly Garbage Service Your Worship and Councillors, At several inner-city Town Hall Meetings over the past three years the issue of weekly garbage service was raised as a critical and desired resource Several inner-city neighborhoods have, through community feedback, put together planning documents which have identified weekly garbage service as a key resource need. Residents have discussed garbage build-up as a public health and neighborhood pride issue. It appears that in inner-city neighborhoods where a significant number of residents pay rent in multi-unit dwellings, storage of garbage is an issue. (Data suggest that over 80% of residents in the Old North End pay rent). Consequently garbage is placed on the street or in vacant lots. I recently had an e-mail from a community leader stating that 'rodents' were becoming plentiful in the lower end of the Old North End, possibly due to garbage build-up. Identified within the City of Saint John's Community Vision Statement - 'Our Saint John is a livable city designed for people where everyone can feel at home'. - Obviously there are a number of sustainable solutions to this challenge, such as; a) Weekly garbage pick-up. b) Public education campaign regarding composting. c) Landlords providing proper storage. - In summary a new public policy is needed. The motion below is a strong first step. Motion: That weekly garbage service be strongly considered in the 2008 Budget Process for the five vulnerable inner city neighbourhoods. Respectfully Submitted, Source verified Peter McGuire Councillor \\' ~ @- SAINT JOHN .-- .-' November 26,2007 The City of Saint John Mayor Norman McFarlane and Members of Common Council P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada Ell4l1 www.saintjohn.ca RE: FCM Board Meetin2s MOTION: It is moved that the followin2 ReDort be received and filed. As Council is aware, I was recently in Ottawa attending the scheduled meetings of the Federation of Canadian Municipalities (FCM) Board Meetings and Advocacy Days. These meetings took place from November 21 to 24. I currently sit on two Standing Committees of FCM, which are the Standing Committee on Social and Economic Development and the Standing Committee on Community Safety and Crime Prevention. As with all Standing Committees of FCM, these two Committees address issue that have a broad impact on all Communities across Canada. I want to give Council and the Public a brief overview of the issues that these two specific Committees are currently dealing with. The Standing Committee on Social and Economic Development has been pursuing the following: , ) The development of a National Strategy on Housing and Homelessness, to be laun~hed at a FCM Housing Summit in Vancouver in January of2008; ) Imm~gration issues, including foreign credential recognition and appropriate finaq.cial and support resources required by Municipalities to properly assist new Can~dians )0> H~an Rights and Discrimination issues, including a continued relationship with UNffSCO ) Mun~cipal-Aboriginal Relations, as related to land management and social and econpmic development ! The Standin~ Committee on Community safety and Crime Prevention has been pursuing the following: i ) The I implementation of a National Anti-Drug Strategy, which includes the com~itment of the Prime Minister to add an additional 2500 police officers at the Nati~nallevel (funding still to be determined) Explor~ our past/ Explorez notre passe Discover your future Decouvrez votre avenlr Grand Bay-Westfield . Quispamsis . Rothesay . 51. Martins . Saint John 2 }o> Development of a strategy to improve collaboration amongst first responders by clarifying roles and responsibilities. To this end a sub-committee was struck to prepare a summary detailing the municipal role within the four phases of emergency response (prevention/mitigation, preparedness, response and recovery). ,... Continued communication with the Domestic Group on Emergency Management (DGEM), which is co-chaired by Public Safety Canada and the Canadian Red Cross, The other major activity that was pursued at the meetings in Ottawa was Advocacy Days. During which time FCM Board and Committee members meet with no less that 100 hundred MPs and Senators to address issues of concern as well. The main focus during these meeting was in regards to the $123 Billon Municipal Deficit facing communities across Canada. This issue has been and ongoing concern for many, many communities across Canada, but unfortunately, there does not appear to be a positive resolve on the horizon. I had the opportunity to meet with Liberal MP Andy Scott, Fredericton and Progressive Conservative MP Mike Allen, Tobique-Mactaquac. As you can see from the above, the Standing Committees of FCM that I currently sit on pursue some very important and real issues that are of a concern to not only the residents in our community, but in all communities, These are but two of the many important Standing Committees that have been struck by FCM and there is an ongoing effort by all of the Committees and FCM to address the issues that affect our communities. 2 Il,1 City Hall 15 Market Square PO. Box 1971 Saint John New Brunswick Canada E2L 4L1 November 26, 2007 City of Saint John Mayor McFarlane And Members of Common Council Mayor and Councillors: Subject: The Coming Collapse of Canada's Municipal Infrastructure The Federation of Canada's Municipalities recently released the attached report. The report indicates how municipal infrastructure has reached the breaking point. (123- Billion Estimate-for key categories-water systems, transportation, transit, recreational, cultural and social infracture). Action is needed to eliminate the deficit in Canada and more specifically in our city. One prime example that comes to mind in our city is safe, clean drinking water-estimate 125 million + to address this issue alone. We need help ($) from both the Federal Government and Provincial Government. The infracture we use is the same they use for water, roads, transit, etc! Motion-Send letter together with a report to Prime Minister and Premier requesting support for this major project in our City-starting with our safe, clean water issue. Respectfully submitted, t.1':'~ Councillor Titus CT/mjs FCM , , ---!- __ .1"-"""......... ~ Federation of Canadian Munidpalities, 2007 ~deration of Canadian Municipalities Z4 ClarIOn ce Street Ottawa, Ontario Kl N SP3 An electronic copy ca n be down loaded from www.fcm.ca. For more information, plea.e contact Manimo Bergamini Director Policy, Advocacy and Commun Ications Department Tel.: {6'3l 907,6247 E.mail: mbergamini~fcm.ca + SECTION 1: EXECUTI VE SU MMARY ................ ................ ........... ................................................................ ................ ...................2 SECTION 2: I NTRODUCTIO N ..... ........................................... ................... .............................. .................,.............. .......... ....... n. ,.4 SECTION 3: ABOUT THE MUNICIPAL INFRASTRUCTURE DEFICIT ..........................................................................................5 I. What is the Municipal Infrastructure Deficit? ......" ....". ".. ..............................................."........,..."...."..".."......................5 II. What Does the Municipal Infrastructure Deficit Include? .....................................................,....................,......."............7 III. Does the Infrastructure Deficit Matter? ........,..............................................................."..................................................7 IV, Why a New Study? ,.....,.. .......,..........................,'........".... ..................,...........,.,....,.,...... ......................,......,.......................8 SECTION ~ TH E CU R RENT PROJ ECT ............................... ................... ....... ................................................................ ............. ....9 I. Literatu re Review.........".......... ......... ........................................... ........,... ........................,. .............. ...........................,.........9 II. A Snapshot of Municipal Infrastructure Needs - Survey 2007 ....,................,,,.........,.........................................,..........10 SECTION 5: TH E FIN 0 I NGS ,...................... ............,...,........ ............................ ....................................... ....... ..................... ....... ..12 I. Water and Wastewater Systems .,...........................,.........,. .....,.........................,..,........... ..........,........................................12 II. Transportation ,.,........ ....................,..,......,... ... ...... .....,........ .................,...... ... .......... ...........,.............,........... ................. .....13 III. Tran sit........"...........,.............. ..........,.................... ,............... ..............,......,.. ...... ............."...........,.........,..,........ ............... T 3 IV. Other Public I nfrastructure Assets ........ .........................................................,.........,........................,...,...... .,......... ... ...,.14 SECTION 6: 0 I SCUSSION 0 F FIN 01 NC S...................................... ................................ ......................... .....................................15 Munici pal infrastructure deficit now $123 billion .......'..,....................... .,.. ....,........"..........,.....,.......,..,... .................,...,......., 15 Discussion ...,..,....., .................."...... ,..............., ....... ................,.........,...................... '.., .....,.,................. .... .............. ..............,16 From Deferral to Disaster: Compounding Capital Needs .................................................,..,..,............................................17 SECTION 7: NEW IN FRASTRUCTU RE NEEDS .................................................... ....... ............... ..................................................19 Djs cussjon ..............".,',.,.."...."............................................,..............,...,.....,..,........,..."..,... ....... .................,.........,......"......20 Notes for Future Research " ...,.........,........................,....... ..,. .....,.................................,..,.....................................................20 SECT 10 N 8: CO N CL USI ONS ......... ...... ......... ...... ........... ...... ........... ...................... ....... ................... .......m....... ..................... ....... .21 SECT ION 9: A.BOUT TH E RESEARCH TEA.M ...... ........ .......................... ...... ........................................................... ...... ...............2.3 +. ~'CANADA'S QUALITY OF LIFE AND ECONOM1C COMPETITIVENESS DEPEND IN PART ON HAVI NG REliABLE, EFFICIENT INFRASTRUCTURE THAT IS PHOVIDED IN lARGE Pf<RT BY THE MUNICIPAL. PROVINCIAL, TERRlTOR1AL AND FEDERAL GOVERN MENTS." Restoring Fiscal 8alance in Canada-Focusing 0/1 Priorities, Federal Budget 2006 Canadian municipalities build, own and maintain most of the infrastructure that supports our economy and quality of life. Yet for the past 20 years, municipalities have been caught in a fiscal squeeze caused by growing responsibilities and reduced revenues. As a result, they were forced to defer needed investment, and municipal infrastructure continued to deteriorate. with the cost of fixing it climbing five-fold from an estimated $12. billion in 1985 to $60 billion in 200l This cost is the municipal infrastructure deficit, and today it has reached $123 billion. The upward trend of the municipal infrastructure deficit over the past two decades points to a looming crisis for our cities and communities and ultimately for the country as a whole, The deficit continues to grow and compound as main~enance is delayed, assets reach the end of their service life, and repair and replacement costs skyrocket. When compared with earlier estImates, the $125-billion figure clearly shows the municipal infrastruc- ture deficit is growing faster than previously thought. Across Canada, municipal 'lI'Ifrastructure has reached the breaking point. Most was built between the 19505 and 19705, and much of it is due for replacement. We can see the consequences (1'1 every community'. potholes and crumbling bridges, water-treatment and transit systems that cannot keep up with demand, traffic gridlock, poor <lir quality and a lack of affordable housing. The infrastructure deficit affects all communities, from major cities to rural, remote and northern communities, where municipal governments lack essential infrastructure and do not have the tax base to develop it. Action is needed to eliminate this deficit and prepare for effective infrastructure management in the future. Since the first step in any project is to determine the scope of the problem, FeM commissioned Dr. Saeed Mirza of McGill University to survey municipal governments to determine their infrastructure needs as a first step toward determining the size, scope and growth rate of the municipal infrastructure deficit. The S125-billion estimate includes "sub.deficits" for key categories of municipal infrastructure: water and waste water systems ($31 billion), transportation ($21.7 billion), transit ($22,8 billion), waste management ($7.7 billion) and community, recreational, cultural and social infra- structure ($40.2 billion). There is also an estimate of new infrastructure needs, defined as projects that increase infrastructure capacity through expansion and(or new construction. Similar to earlier studies, this report provides a "snapshot" of what municipal govern~ ments identify as their infrastructure funding needs. It does not provide an exhaustive or complete account of the physical condition of municipal infrastructure. THE [c)MINC (OLlAPSf OF C.-..N,i.DA':; MlIt.I\C'Iil'/!,L INF'PIA"'Tlh.lC'V~E 2 !f Canada is to prosper, municipal infrastructure invest- ments must support the economic potential of our cities and communities, For this to happen, financing must reflect the long-term nature of infrastructure investments, which will require a long~term investment plan with agreed-upon priorities. This plan must bring long-term certainty to infrastructure funding, which will promote new efficiencies, technologies and best practices in infrastruc::ture delivery. Any serious plan to address the municipal infrastructure deficit must begin with an acknowledgement of the scope of the problem and the urgency to address it. Th is study represents the first step towards a real plan. + Tj.jE COMING C-oLlAP'SE OF C^-NA,DA1S MUNICIP...l INFfM.S;-r"U'TlJ~~ Over the past two decades, Canada's municipal infrastructure has continued to deteriorate. In 1985, it was estimated that $12 billion would be needed to fix our deteriorating municipal infrastructure'. By 1992 the figure had climbed to $20 billion,' and four years later it had more than doubled to $44 billion'. Si nee 2003, the municipal infrastructure deficit has been widely estimated to be $60 billion and growing by about $2 billion a year.' In June 200], FCM commissioned Dr. Saeed Mirza of McGill Un iversity to update the estimated deficit. A review of recent research suggested that the current estimate of$60 billion is out of date and that a combina- tion of aging infrastructure and continuing deterioration is accelerating the deficit's growth. To test these findings, the project team conducted a survey of municipal infrastructure need s between October 6, 2007, and November 6, 2007. This report provides an analysis of the survey results and a revised estimate of the municipal infrastructure deficit. As defined here and in previous studies, the "municipal infrastructure deficit" retlects the cost of maintaining and upgrading existing, municipally owned assets. The municipal infrastructure deficit does not include infrastructure owned by other orders of government (e.g. hospitals, schools. military bases, highways) or the cost of building new or expanded facilities to meet new needs or provide additional infrastructure capacity, This report also provides an estimate of new infrastructure needs, defined as projects that increase infrastructure capacity through expansion and/or new construction. The goal of this report is to provide a more informed public discussion of how to deal with our municipal infrastructure funding challenges, Similar to studies conducted in 1985 and 1996, this report provides a "snapshot" of what municipal governments identify as their infrastructure funding needs. It does not provide an exhaustive or complete account of the physical condition of municipal infrastructure. The report concludes with its single recommendation: that we establish a national plan to eliminate the municipal infrastructure deficit and prepare the ground. work for effective management of our infrastructure in the future. The first step in building that plan must be a comprehensive, national study-involving all three orders of government-to determine the size, scope and geograph ic characteristics of the municipal infrastructure deficit. 1 reM, Munitiptl[ {riftastll..lCf.Llrl in COnol1a: Phys-iCiJI (c)/'ldi~IO/'l Qnd FLI~d{tlg AdllqUQey, '9g5. j FCM, "Gftin (Grd" rtp{jf1, OtUlwa, 199'2 FCM and McCm Um\lersity, Rtpon (ltl ~j.u: Sr.a!.l! ojM/il'li6ipai Irrfra~rl.Jlj~f~ '1'1 Cal'llJdQ, T996 T[) B;lnk Finilnc:i<ill Gmup, A Ctl{J"~ Bl!:iwul'l Int.l!,n.il'lg m Cll 00 dG 's (illeI and Di5rnl1flstrng in Can~a's fuwn, p. 12, 2CO:o! THE COMINC COLLAPSE: OF CANADA'S MUNICIPAL INF~ASnUCTUIl:E T 1. \Vhat is the Municipal Infrastructure Deficit? Municipalities build, own and maintain the majority of this country's infrastructure-infrastructure that supports OUf economy and quality of life, During the past 20 years, Canadian municipalities have been squeezed by increasing responsibilities and reduced transfer payments from other orders of government. This has had direct and negative consequences for Canada's infrastructure, Unlike other orders of government, municipalities are not allowed to run deficits on their operating budgets. This, in turn, has put tremendous downward pressure on municipal capital budgets, which do not face the same immediate pressures as operating expenditures, making capital investments easier to delay. This has fuelled the growth of a substantial national municipal infrastructure deficit. This infrastructure deficit affects our communities in a number of ways. Municipal governments are finding it extremely difficult to manage current infrastructure demands, let alone deal with the accumulated backlog oflnfrastructure maintenance and rehabilitation. This is compounded by population growth, which further strains existing infrastructure resources while creating additional demand for more infrastructure. We can see the consequences in every community: potholes and crumbl ing bridges, water.treatment and transit sysc terns that cannot keep up with demand, traffic gridlock, poor air quality and a lack of affordable housing. The infrastructure deficit affects all communities, from major cities to rural, remote and northern communities, where municipal governments lack essential infrastructure and do not have the tax base to develop it. Across Canada, municipal infrastructure has reached the breaking point. Most was built between the 1950S and 19705, and much of it is due for replacement. Given municipalities' already strained fiscal situation, we are rapidly approaching a tipping point on the infrastructure deficit, one that will seriously harm both our quality of life and our competitiveness and productivity. Figure 1 Municipal Government Share of All Tax Revenues Municipal ( ;nvcrnmcn~ I'rr,,'inciall'l'crriwrial ( iU\'cnlmcnl~ Federal {JovcrnmCfl t So",ce: FCM, ,00G Mu nicipal -governments rece~\le less than 10 pe, cenl of "isling revenues.. THE CbM!Nt. COLL-A-PSE o~ (,/l,N.I,D,/l,''S MUNIClP.il.L INF-F!ASTRunuRE In 1961, during the initial phase of heavy investment in Canada's infrastructure, federal. provincial/territorial and muniCIpal governments each controlled 23-9, 45.3 and 30.9 per cent of the national capital stock, respectively. By 2002, the federal government's share had dropped from 23-9 per cent to 6.8 per cent, and the municipal share had grown from 30,9 to 52-4 per cent of all infrastructure, an increase of nearly 70 per cent. Figure 2 Public Capital Stock in Canada i\l! ~.;, II .hi u . .;; c .. " 1': u 0. il :0 ~. ; j'),,' .- Federal ~ Provincial/Territorial _ Muni.:::ipal DECLINING INVESTMENT Between 1955 and 1977, new investment in infrastruc- ture grew by 4,8 per cent annually. This was a period of intense capital investment that closely matched Canada's population growth and rate of urbanization. This period stands in stark contrast to the 1978 to 2000 period, when new investment grew on average by just 0.1 per cent per year. Although the rate of population growth also declined, this does not account for the radical reduction in capital investment during this period. Clearly, all orders of government were under-investing. More recently, capital spending by local governments has increased. Real investment spending posted an average annual increase of 7,5 per cent between 2001 and 2003. New investment-the portion of investment that actually adds to the overall capital stock~has been particularly strong, expanding at a rate of more than 11 per cent per year over the same period. However, this recent growth in infrastructure spending should not be considered a solution to the infrastruc. ture deficit. Much of thi s recent increase in investment can be traced to increased urbanization during the past 10 years, and it is not clear that the increase in capital stock is sufficient to meet population growth, Moreover, this increase in investment has not met the annual rehabilitation needs of existing capital stock, or alleviated the backlog of maintenance and rehabilita- tion that accumulated over the decade. AGING INFRASTRUCTURE This situation is reflected in our aging municipal infrastructure. The average age of local governments' capital stock has increased since the end of the 1970s, because investment has been insufficient to replace deteriorating stock. INFRASTRUCTURE DEFICIT This analysis points to a tremendous fiscal challenge for municipalities. Over the past 40 years, municipali- ties have assumed a growing~and now the largest- portion of Canada's capital stock. This had to be financed mainly through the property tax, a form of taxation that is less responsive to economic growth than income and sales taxes. Since the late 1970S, as the responsibility for infrastructure investment shifted to municipalities and the municipal property tax, there was a precipitous decline in capital stock, As a result, the average age of municipal infrastructure increased significantly over this period. In short, a vicious cycle was created that led to a critical backlog of invest- ments in municipal infrastructure, now known as the mun icipal infrastructure deficit. s()wC\~: FCM, Bw'idmg Prosp;;nt)' from the Gmwrd Up: Re~tf)ril}g Ml,.mici(lal Fi>ca/ BorG/nee, :1.006, P.37. THE CO'-'lINC COLLAPSE O~ (ANAD...'S MUNKIPAL ~NFil.,/l,STRUCTUIH. 6 1 L \Vhat Does th~ Municipal I nfrastructure Deficit 1 ncltH..le? In formal terms, the municipal infrastructure deficit refers to the following: the unfunded investments required to maintain and upgrade existing, municipally owned infrastructure assets; and the funding needed over and above current and pro- jected levels to bring existing facilities to a minimum acceptable level for operation over their service life, through maintenance, rehabilitation, repairs and replacement. More simply, the municipal infrastructure deficit is an estimate of the total additional investment needed to repair and prevent deterioration in existing, municipally owned infrastructure assets. This report focuses on the same broad infrastructure cat- egories that have typically been included in the municipal infrastructure deficit. These assets fall into five categories: 1, Transportation (roads, bridges, curbs, sidewalks); 2. Water infrastructure (distribution, supply and treatment) ; l Wastewater systems (sanitary and storm sewers and related treatment facilities); 4. Transit systems (facilities, equipment and rolling stock); and 5. Other public infrastructure (including cultural, social, community and recreational facilities; and waste-management facilities), These five categories-water, wastewater, transit, transportation and other public infrastructure-include most municipal capital assets. As of 2000, municipal transportation and transit infrastructure comprised 55 per cent of total municipal infrastructure, while water and sewer infrastructure comprised another 30 per cent, and recreational facilities, waste management, public buildings and others comprised the remaining 15 per cent.' Figure 3 Canada's Municipal Infrastructure Stock (2000) Other InfraslrueLurc (recreation, puhli~ hULldin/J.~. wasle man '4!emenl I Waler and \\as,Lc,\,,'ulcr Transp('rt~llion and Truns; I III. Does the Infrastructure Deficit Matter? In commenting on the current state of infrastructure in Quebec, the commission investigating the collapse of a portion of the de la Concorde overpass. ...L I "THE COMMISSiON'S MANDATE REVEAl.ED THE NEED TO MODERNIZE OUR INFRASTRUCTURE. BUIl.T LARGELY IN THE 30 YEARS FOU..OWING WORLD WAR il. QUEBEC IS NOT ALONE: THE SlTUAT!O~~ IS SIMILAR ACROSS ALL OF NORTH AMERiCA, ,\T ISSUE is NOT ONLY PU8L1C SAFETY BUT THE ABILITY TO MAl NTAIN FIRST-RATE INFRASTRUCTURE. \'l/HICH PI.AYS A ROLE IN THE QUALITY OF LIFE OF QUEBEC'S RESIDENTS AND ITS ECONOMIC DEVELOPMENT."" In addition, the Federal Budget :1.006, Restoring Fiscal Balance in Conada-Focusing on priorities, noted: "CANADA'S QUALITY OF LIFE AND ECONOMIC COMPETITIVENESS DEPEND IN PART ON HAVING REUABLE. EFFICIENT INFRASTRUCTURE THAT IS PROVIDED IN LARGE. PART BY THE MUNICIPAL, PROVINCIAl., TERRITORIAL AND FEDERAL GOVERNMENTS." M. Saeed Mirza, Toward Q RllllISed t:51imQUi afsm MLlni/;~1 lt1fm5ituc1:lml' Deficit, 2007, p.]. ~eport of the (amml::;S!On of inquiry into thl!l' c;ollill'P!i~ of a portion of the de la (ol1cOfde {Iyerpa5S~ 2007. p, , 98. + Tr-+€ COMtNC COlLJl.Il''S~ OF CANADA'S MUNrnPA~ h-.lF~,I\5nL.lCTlIRE The health of Canada's economy is closely linked to the scope and ql,.lality of municipal infrastrl,.lcture investment. Ol,.lr ql,.lality of life and our prodl,.lctivity and competitive- ness depend on infrastructure investment. Statistics Canada estimates that a one-dollar net increase in public capital stock generates approximately '7 cents on average in private-sector cost savings.' For the trans- portation sector, each dollar invested in transportation infrastructure is projected to generate a saving of more than 40 cents.' The cost of not investing in infrastructure IS equally high. In 2004, the TO Bank Financial Group estimated that the loss from congestion and shipment delays in the Greater Toronto Area totals $2 billion annually! Federal Finance Minister James Flaherty echoed this concern in a 2006 speech to the Whitby Chamber of Commerce, stating, "Infrastructure challenges are more than a daily incon- venience; they pose real risks to the future prosperity of our communities, and to the entire country." I n addition to its role in economic competitiveness, sufficient and well-maintained infrastructure is a basic requirement for safe communities. The collapse of an overpass in Laval, Que., and an interstate highway bridge in Minneapolis are tragic examples of infrastructure failures that led to loss of life and significant economic disruption, Infrastructure investments are important for many other social, environmental and health reasons as well. For example: Investments in public transit help reduce greenhouse emissions and air pollution. Modern water treatment systems are required to provide safe, reliable drinking water and reduce the incidence of boil-water advisories across the country. New and expanded sports and recreation facilities are needed to increase physical activity and reduce growing rates of childhood obesity. Rural, northern and remote communities need a full range of public infrastructure, from roads and water supply to libraries and community centres, to protect quality of life and foster new economic development. IV. \\Thy a Ne,,,, Study? There are several reasons why it is important to have an accurate, up-to-date estimate of the municipal infrastructure deficit: The municipal infrastrl,.lcture deficit compromises our safety, economy and quality of life, The first step in findi ng a solution is to develop an accurate idea of the size and nature of the challenge before us. Eli minating the municipal infrastructure deficit will require significant, long~term investments. To account for those investments, and measure our progress toward eliminating the deficit, we need to know clearly where the deficit stands today and how it is growing. To make the most effective and efficient use of public dollars, we need to understand how much money needs to be spent and where investments are needed most. What should be the balance between invest- ments in existing infrastructure on one hand, and new construction on the other~ What is driving growth in the deficit, and what can we do to manage those factors in the future? A comprehensive, national inventory of infrastructure assets is required to properly determine the size, scale and geographic character of the municipal infrastructure deficit. However, until such a project is undertaken, there remains a pressing need to track the deficit as accurately as possible using available methods. This is especially important given a growing body of evidence that the municipal infrastructure deficit is reaching crisis propor- tions. If this is the case, and we do not act prudently, the economic, social, and environmental costs of the deficit will grow at a rapidly increasing rate. 7 In M/mJ th~ Gup (ppc 5-6), the TD Bim~ ii1rg.ue5 that ~f me infra51ru.d~ue gap hid 1101 been al~owed to open in the firsl placE', an additio-nal $100 billion or ~O,re i~ 'S~n:dinll would haw: bct~n required, irn",ly- ~r1g a r~L.Jchon of neartr $17 blllion in pri...atecSieC[Or COSIS-. Howe\l'er, had th-e- money for this. spending been bormwed ill ill rate of 6 p-er cen!. il full $6-$9 bll flo-n In *'lIgner lLnnual debt servl<:e pol~ment!i would n.a\le bellln the resuk This is stirl well beio..... fne $17 billion in pr~va1e.S@-ctor savir'\gs: 8 Tarek M. Hard~iioui, Fiilouzi Tarkh.;mi ilnd P~ul Warren, Pub& 'nfran/'UCWffJ irr CrmodQ: Whtlrll Do We SttJruJ? (Ottaw.a: Stii6siic5 Canada. Z-o(3). 9 Mil'!d ,ke Gr:lp, Findirrg t:ne Mon'tI w U,,-gr.adi! CCU1r:1dp'j Agi"i: ~b{ic Ji/'IjrruU'ucJ:Lire. [fO Bank rlnandal Group, 2004l. p.Se TH~ COMtl\iC COLLAPSE OF CANAOA'S MUNICIPAL INF~ASTRUCTU1'le: The current project consisted of three main phases; 1. A literature review of research related to Canada's municipal infrastructure needs; 2. A survey of sample municipalities to provide a snapshot of current municipal infrastructure needs from the ground up; and ~. An analysis of survey results and conclusions, L Litcnlturc Revievv Over the past decade, a number of studies have examined Canada's infrastructure needs, In .2003, the Canada West Foundation estimated the 10tal deficit for all public infrastructure in Canada was as much as $125 billion;'" In a 2003 study, Mirza and Haider found that the infrastructure deficit for all public assets in Canada stood at $125 billion and could reach $400 billion by 2020." The most widely cited estimates of the municipal infrastructure deficit have been based on previous municipal surveys; Surveys undertaken by FCM and McGill University show a municipal infrastructure defiCit that grew from $12 bil1"lon in 1985 to $44 billion in 1996 (see Figure 4). An update of previous survey results by the Technology Road Map, and the Canadian Society of Civil Engineering (CSCE), Canadian Council of Professional Engineers (ecp!:), Canadian Public Works Association (CPWA) and the National Research Council of Canada (NRC). placed the municipal infrastructure deficit at $57 billion in 2003-" In 2002, TD Economics estimated that the municipal infrastructure deficit was growing by $2 billion a year; Figure 4 Municipal Infrastructure Deficit Estimates ~~H :;.n -$j~ ~ -0 "0 '0 ~~n , 0 0 .. :(.q I"~ : ~ ~;.,)s;.:.. l'N2 1<.1'/, 2QOJ These studies all point to iI milssive i1nd growing backlog of municipal infrastructure requirements, Since 2003, the most widely cited estimate has been about $60 billion. The infrastructure deficit is commonly believed to increase by $2 billion a year,'] as calculated by TD Economics in 2002, which represents a modest degree of deterioration over a short period (such as five years), 10 MI.o j~' cap, Fm<imc ,he Money to Upgmd. (.""00" Agmg Pub Ii, loyroSlrucWre, (TD 60"' Fioa"C1ol C 'OUP, 20041. P.5. 11 M. Saeed Mir.l:i, ..nd M. Murtillil. Hi!.ldE'r, The SUlU: of InjfCJS!:!1Ict.jJ{E! P.,li"" ,n UJn"dp. 2003 12 CSCE, C(~E., C~A ilIl'1.d National Res-ench COiJr1c:il Canada, Techmljogr RI;J(ldm"p. 20{1j-7.;113, 2003. 13 ThC:'! 2007 FCM.McCiB "S1.IT'Vtrf has !l.hown that thi5 ~'St.mate wa~ too c:.on!ier.ative. + 9 THf COMINC COLLAPSE o~ CAhJADA'S MUNICJP"'L INFI<"A.Si'RUCTURE: THE LiMITATIONS OF EXISTING ESTIMATES There are reasons to believe that current estimates are due for a significant revision. The most obvious short- coming is their failure to account for the effects of rapid aging and escalating deterioration on certain categories of infrastructure, Age significantly affects future needs and the resulting infrastructure deficit. According to the Technology Road Map (TRM)''' only about 4' per cent of Canadian infrastructure is 40 years old or less. The age of 3' per cent of the assets is between 40 and 80 years, while the remaining 28 per cent is more than 80 years old. TRM found that Canada has used up about 79 per cent of the total service life of its public infrastructure. Moreover, it should be noted that infrastructure deter"lo- ration accelera~es with age. Figure 5 Age of Canada's I nfrastructure (Years) " ,', ;:x::::~~:,:::: ~{j.lUO yr. 11-411 )'r. Under such conditions, the costs of upgrading a more severely deteriorated infrastructure asset to an acceptable level would multiply many times the funding required to upgrade the asset before it deteriorated. In some cases, it may not be possible to rehabilitate the asset. Th is would require the asset to be decommissioned, its debris removed, and a replacement built at a much higher cost. Many other factors affecting infrastructure needs, and the infrastructure deficit, are not effectively captured in existing estimates. Some ofthese are the following: Demographics: Often smaller communities require larger per capita expenditures on infrastructure. However, larger urban centres have extensive trans- portation and transit systems and rapidly deteriorat- ing water supply and wastewater disposal systems that require significant investments. Geography: A communIty's location significantly affects its infrastructure needs, especially if those communities are northern, rural or coastal. local needs: Chang.lng socio-economic and environ- mental conditions partly determine the infrastructure investments needed in a community, Climate change: Extreme weather is putting new strains on infrastructure, accelerating aging and deterioration and increasing the risk of failure, Economics: In deciding on needed investments, inflation, currency fluctuations and the cost of con- stnJction materials and labour must be considered, Studies by the Canadian Water Network (CWN)," the Canad'lan Water and Wastewater Association (CVN/A)," and the Canadian Urban Transit Association (CUTA)" point to larger.than-ever deficits in water and wastewater fac.ilities and transit systems. Taken together, these and ather Hndings suggest the municipal infrastructure deficit has far surpassed previOUS estimates, 11. A Snapshot of Municipal lnfnlstructure Needs - Survey 2007 While a review of the literature supports a major revision in the estimate of the municipal infrastructure deficit, we must test these findings with on-the-ground data collected from municipal governments. In June 2007, FCM engaged Dr. Saeed Mirza to design and oversee a new, targeted survey of munIcipal infra- structure needs and report on the results_ The purpose of this project was to take a statistically significant "snapshot" of infrastructure needs in participating cities and communities, not to exhaustively enumerate infrastructure needs in every municipality, 14 CSCE,.CCPE, CPWA and Na1ional Reseilrcn (-ouflciJ Canadil, Tf.Chnology Roodmiip' iOOj-;i'013 2003 '~ ~mddl..n WOlter Nf"twOfK (CWN). .:!004~~O~5 Annl.lQ) Rl!'pot1, a"nging WOk!r Resear~l1lo life- z~os 1 ana ~':m Water ilnd \;lIastewater A!i~Qr::lat~on (CW\VA) MLlrri(;rpal'M:2 r d Wj;I ~ 1] DeIDltt~, ;2.007, httP:!(W\!I!W.delOiUl!,CrJn'ljdtt(;Jrtldi:!/O,,'002,cid?~rc.@n:'i,,~&347:=~~~1~ :.~.:r~I'IE~7.~~g~ ~:~mel1f N~w; '997-..Q',,< 199-7. THE COMING COLLA~S:E or CANADA'S MllN~(II;'il.L INfU.STll.UCnJ~t \0 METHODOLOGY In July 2007, our project team began preparing the 2007 FCM-McGill municipal infrastructure survey. The survey questionnaire was developed following a review of past municipal infrastructure surveys undertaken internation- ally and in Canada. A draft survey questionnaire was developed and circulated for review by a group of munici- pOll finance, engineering, and infrastructure planning professionals OlUOSS Canada. English and French versions of the final survey were then developed. A list of target municipalities was identified to provide a regionally balanced set of potential respondents, ranging in size from smOlller communities (less than 10,000) to the country's largest urban centres (more than one million). The survey waS also mOlde available to other interested municipalities upon request. I n total, 166 sur- veys were distributed, beginning on October 6, 200]. Participating municipalities were asked to answer six broad questions by November 6, 2007. These questions dealt primarily with current budgeting practices, existing and projected upgrading and new infrastructure (capital) needs, and factors compounding local infrastructure deficits, The survey was developed in two basic formats: (1) an online format that enabled municipalities to submit information directly into a central database for collection and analysis by the project team; and (2) a version of the survey in Microsoft. Word format that enabled municipalitles to submit their responses by fax or e-mail to the project team, who subsequently entered the results in the central database on behalf of municipalities, Where required, questions included an accuracy scale, where respondents could indicate the relative accuracy of theIr responses. The survey also included detailed instructions and a glossary of key terms. Throughout the response period, the project team was available to respond to participants' inquiries by telephone and e-mail. SURVEY RESPONSES Eight.five local governments provided full or partial responses to the FCM-McGill municipal infrastructure survey. This represents a relatively high response rate of 51 per cent (85/166), Together, these local governments represent 46 per cent of the national population. Respondents included local governments in every province and territory, Responses were received from local governments with populations ranging from less than 10,000 to one million and above for the largest communities. --+--- " THE: COMING COLLArSE or: (I!.NAO,d,'S MUNICIPAL INFAAST~IJCTUIi~ I. \Vater and \VHstevvater Systems Assets in this category include the following: Water treatment, supply and distribution systems (water mains, distribution pipes, pressure reducing stations, water meters, treatment plants, storage capacity and pumping stations); and Sanitary and storm sewers and related treatment facilities (sewage pipes and interceptors, storm water pipes and interceptors, combined sewage pipes and interceptors, manholes, treatment plants and associ- ated facilities ..nd equipment, retention b..s.lns, septic tanks and lift stations). As of 2000, water and wastewater systems made up ..pproximately 30 per cent of Canada's municipal infrastructure stock," As Statistics Canada reported recently, "environmental management and the management of water systems mainly takes place at the local government level. Municipalities account for more than 80 per cent of capital spending in these areas."" The Canadian Water and Wastewater Association (CWWA) estimated that Canada would need $88,5 billion to upgrade existing infrastructure and build new water and sewer systems between 1997 and 2012, And, according to Statistics Canada, investments in water systems "barely compensated for the aging of existing equipment from 1993 to 2002."" The Canadian Water Network (2003) has noted a water mfrastructure defiCIt of up to $39 billion to maintain existing water and sewage systems. However, over a la-year period, up to $90 billion may be needed to replace and upgrade this infrastructure across the country" This estimate is quite consistent with the findings of the 2007 FCM-McGill survey, which shows that the current deficit related to the water supply, wastewater and stormwater systems stands at $31 bi Ilion for the existing capital stock, while new needs are estimated at $S6.6billion. The deflcit for existing infrastructure in this area has increased c.onsiderably from $2' billion in the 1996 FCM-McGill survey to $3' billion today. This steep increase over the last 11 years can be attributed mostly to the aging of underground infrastructure and ac.celerated deterioration toward the end of an asset's service life. These factors are further aggravated by deferred maintenance. There is a major need to rehabilitate water and sewage infrastructure, especially in larger, older cities, such as Montreal. where 33 per cent of water-distribution pipes and about th ree per cent of the sewage pipes reached the end of their service lives in 2002," Another 34 per cent of the water-pipe stock will reach the same state by 2020, partly explaining the need for new infrastructure in larger cities, where a more feasible option for rehabilitation of an old, deteriorated system could be reconstruction of the facility, with enhanced service life and increased capacity, The new needs are also inherent in smaller municipalities with populations 18 Tilrek M. Har..:naoui, ~ii:"UZI larkt1anl and poiIul Warren, PJ.tbfK: j"!froSJ:r",CU(re in umado: Who!:fl: On Wt' 51;and? (Otlawa~ Sti:lhsli-cs C.:mad03. .z(03) H~ St:tll');l~(:i. Ca.ni!.da . Ca.oadia-:'\ E<:{Inom~c Obse'!"llf!r. from Roods to R~rrKs: GOl'emrrulrr1 Spendi_l'lg In''' !+pSlr+.lauft: in [anoda, 1961-2005, '2.007. p, }.8 20 St~tl,.tl':; CanadlJ Canadian Economu: Ob5e1'Ver. from RFXld~_ f[,l Rinks~ Govtri'lrI1ll'"1 Sptl1(Jmg IJI"! Irlfrr1rtr~dJ.m: m CGmldQ. 190'-':!ooS, 2-00], p. 3- 1~. 21 ~"'lI"Igrng Wat.tr Resta'r"h kl Lift, .:i!004-05 Annual Rep-ol1 (Canadian Wi.Wr Ne[wol'k. 2.001)\ 2~ SNC-lav.allnj Des'Silu-SopriR EtlJde- -compoFtant ja colll!'cte Ifin-fofmilhc-n5 et ja ~Qr1rait tl;'chnique de:; il'lfr:l:\iuuctures de 101 gestlon ~lJb-IiQlJe -de rl;"ill,.l. Hap~" final, Montreal, 2002. THE COMINC COllAPSE 0, CANADA'S ""'UNICI~Ai. INFRA~HlLJCTlJRE 12 ~ smaller than 10,000, where water-supply systems may not exist and large investments will be needed to build the system from scratch, It 'lhlIlsportation Assets in this category include the following: Paved Roads Unpaved Roads Sidewalks Curbs Bicycle Path s Bridges Overpasses Road cleaning and snow-removal equipment and facilities As of 2000, transportation and public transit infrastruc- ture made up approximately 55 per cent of Canada's mun icipal infrastructure stock. Much of the existing transportation systems in Canada, particularly the roads and highways built in the 1950S and 19605, have reached the end of their service life and need to be replaced, Much of the newer transportation infrastructure also needs immediate attention due to a backlog of deferred maintenance over the years. According to Statistics Canada, "Governments have boosted the flow of investment in roads from $4.3 billion in 1998 to $7,3 billion in 2005, but this has barely offset the erosion ofthe road system."'1 The 2007 FCM.McGill survey indicates that municipalities need an additional $21.7 billion to maintain and upgrade existing transportation infrastructure assets. The 1996 FCM-McGill survey considered roads, side- walks, bridges and curbs as part of the transportation infrastructure category. The average cost to replace these was reported as $384 per capita for all population groups considered, Based on the new $21,7 billion figure for the infrastructure deficit in this category, this number has almost doubled rising to $686 per capita. As expected, . the larger municipalities (with populations greater than one million) account for 65 per cent of thiS need. There is also a significant need for investment in new transportation infrastructure of $28.5 billion. In thiS case, smaller municipalities accounted for approximately 38 per cent of this need, confirming the need for more transportation networks and associated facilities In rural and northern communities, among other smaller muniCipalities. Figure 6 Municipal Infrastructure Deficit Growth by Category ;;: ~ -110 .~il 2;, I" \\:!~J.Y UFjC 'j ~a\l'~:-;(::'\' \'.,,::~::_"'~;1 ::-:' ::i" :l~ S"~~<.l'rl'. !h-=-:.~I; ( :!';::,~:l: '~'i-_'L;' S~l~~::<', \~;.!, .,I;:';';:l.,.'I; ,~. :l~~~'~~l\'~~" . ~: 11 J :1; \: ~':-,' ,l,\ ; ~ ,~"L i' ~H: iji;l~~" '* 1996 . :wo7 HI. Transit Assets in this category include the following: Rapid transit systems, light rail transit systems and subways, including track, rolling stock, stations, servo ice facilities and parking facilities; Buses - including dedicated lanes, rolling stock, stations, service facilities and park-and-ride facilities; and Trams - including tracks, rolling stock, stations, service facilities and park-and-ride facilities. 23 Statf5t{cs Canada. Caftildlan Economic Observer, From ROQ~ ro Rinks' GoW!!r;;m~m Sptndmg DI'l il'l!rost.rur;f,urt in CoOOr1a, 1961-2005. 2007. P.3.6. + 1] TH'E CO""'lf',I~ (OLLAPH OF CA~""~A'S MUNICIPAL fNFRA.STRUnURE: The' 996 FCM.McGill survey included an average cost needed to upgrade transit infrastructure facilities of $103 per capita or a deficit of $3.05 billion. The 2007 results show that $22.8 billion are needed for exist"lng infrastructure and $7.7 billion are needed for new transit infrastructure. IV. Other Public Infrastructure Assets This infrastructure category includes the following; Cultural, social, community and recreational facilities (government buildings, public housing, public build- ings, multi-purpose complexes, .Indoor and outdoor recreation facilities, and parks and playgrounds); and Waste management (landfills, municipal recycling facilities, and hazardous waste disposal/stor<lgej recycling facilities). The infrastructure stock included in the "cultural, social, community and recreational" category is relatively broad and heterogeneous in the types offacilities it includes. These facilities are generally operated by local govern- ments and need immediate attention, as many facilities are in poor condition and have inadequate capacity. Aging and accumulated deterioration have also strained these facilities considerably. According to the Canadian Parks and Recreation Association (2007) , the current dencit for sports and recreational facilities alone is $15 billion," This estimate covers only the repair, rehabili- tation or replacement of the existing facilities, and does not account for new infrastructure needed to address deficient capacity or new needs in a community. In the 1996 FCM-McGill survey, which included parks and recreational facilities, public buildings and community and social services in this category, the deficit for this category was estimated at $:;!S5 per capita, for a total of $].55 billion. The current deficit in this area is great and is estimated to be $40.2 billion. Some municipalities have already planned considerable expenditures in this area to deal with the present crisis. In terms of new needs, about $,8,1 billion will be required in the near future to address this infra- structure category. This need is prevalent in larger cities and is associated with rapid urban growth. At the same time. many communities with populations of less than 100,000 may need to build new facilities in the near future. Finally, waste management occupies a smaller share of the total deficit. The deficit for existing infrastructure is estimated at $7,7 billion, with an additional $4.3 billion required to meet new needs. 2.4 (ana&m Filn.:5 arid RecT'euiCIl A~ sociation, letter to }ff{raw~a"re C~nadQ, 2007. THE COMjN(" CCllAPS!:: OF CANAD.Il.'S MLH'iICIPAL INF'RAsnucruRf'4 T Municipal infrastructure deficit now $123 biHion Figure 7 Municipal Infrastructure Deficit: Total Growth As shown in the prev.lous section, the municipal infra. structure deficit is now estimated at $123 billion, This is composed of the following: ~ --H~ ~ 2!i ~ (~r: $31.0 billion - water and wastewater $21.7 billion - transportation $22,8 billion - transit $40,2 billion ~ cultural, social, community and recreational infrastructure $ 7.7 billion - was.te management Hl': {~"i,~ j ;,}l}fl ?,~!U,'~ .~, ~l \ A review of the 2007 data shows. it is consistent with recent research findings indicating that the municipal infrastructure deficit should be revised upward from its current estimate of$60 billion. Consistent with the findings of groups including the CWA, the CWWA and (UTA, the 2.007 snapshot of municipal needs suggests a national, municipal infrastructure deficit in the range of $123 billion for existing infrastructure and about $n5 billion required for new infrastructure needs. T~me {VeafS\ A 2003 Canada West Foundation estimate of up to $125 billion to upgrade Canada's infrastructure; A 2003 estimate by Mirza and Haider placing the national infrastructure deficit at $125 billion with the potential to grow to $400 billion by 2020; and A preliminary revised estimate by Mirza of $99,8 bIllion for water and wastewater infrastructure (water distribution, supply and treatment, sanitary and storm sewers and treatment facilit"les), transportation (roads, sidewalks, curbs, bridges), transit (facilities, equipment and roUing stock) and others (community and social services, public buildings, recreational facilities, solid and hazardous waste), based on the projection of $88,5 billion for water and wastewater infrastructure by the Canadian Water and Wastewater Association (CWWA) and another $14 billion for transit systems by the Canadian Urban Transit Association (CUTA}:' The $123-billion estimate ;s comparable with the following deficit estimates; It should be noted that the 2005 biennia! survey of all U.s. infrastructure gave it a failing grade and estimated $1,65 trillion was needed to upgrade the infrastructure to an 2~ M. Saeed MII'Z.iI, Toward Q Rfwind Es-:iml3u of the Memic.ipa! It'lflVs~n.cwr,, Defi.r:.it., 2007 T '~THE CO~ING [OU_APSE OF CA.NA.OA''S MUNICIP....I. ~N'i"Rl'IS.1P1.UCHHH acceptable level. Based on the populations of the United States and Canada, a rough rule of thumb places Canadian numbers for most expenditures at about one- tenth of the corresponding U,S. expenditure. This would place the estimate of upgrading all of Canada's infra- structure at about $165 billion.';; Given that governments in the United States recognized and reacted to the looming infrastructure crisis much earlier than their Canadian counterparts, the $123-billion deficit in Canada's munici- pal infrastructure deficit is well wlthin this projection. Discussion Among the key findings of the 2007 survey are the following: Cultural, social, community and recreational facilities are aging and have deteriorated considerably, Lack of capacity is also a pressing issue. Some municipalities have dealt with the crisis by investing considerable funds in dealing with the problem. However, many others have directed capital dollars toward other pressing infrastructure needs (water, wastewater, transportation) and must now make overdue invest. ments in these areas. The deficit in existing infra- structure for this category is now estimated to be $40.2 billion, compared with the '996 deficit of $7.55 billion. Water supply, wastewater and stormwater systems are approaching the end of their service life, especially in older communities, The municipal infrastructure deficit for these categories stands at $31 billion, a 47 per cent increase since 1996, when the deficit was estimated at $21 billion. Significant funding is needed to address deteriorating transportation assets. The funding gap for existing infrastructure has grown from $10.75 billion in 1996 to the present $:n7 billion. Canada's urban trans it systems were built mainly in the 1960s. Deterioration has been considerable, and many facilities need to be repaired or rehabilitated. Transit fleets need considerable investment. The municipal infrastructure deficit for this category was estimated at $].05 billion in 1996, Based on the 2007 survey, the deficit in this category has increased dramatically to $22.8 billion. The waste-management deficit has also increased signifkantly, from about $1 billion in 1996 to $7.7 billion today. Figure 8 Municipal Deficit for Existing Infrastructure by Category (Billions of Dollars) i.7 ILl 40.2 21.7 19.9 22.K II Wa\er Supply Systems . Wastewater and Stormwater Systems . Transportation Transit Systems Culw,al. Social. Community and Reere.atfonal Fildlities II'[ Waste Management The growth trend of the municipal infrastructure deficit in the last two decades has reached c.risis proportions. In 1985, the estimated deficit was $12 billion, which may have been conservative due to the overall lack of information about existing infrastructure. Canada's infrastructure deficit reached $44 billion 10 years later, according to the 1996 FCM.McGill survey. When set beside earlier estimates, the $123.billion figure clearly shows the municipal infrastructure deficit is growing faster than previously thought, In 2003, the Technology Road Map estimated that the municipal infrastructure deficit stood at $57 billion. However, unlike studies \1'1 1985, 1996 and 2007, the 2003 estimate was not based on new survey data, The new survey reveals a considerable increase in unmet needs for existing infrastructure, which stand at about $123 billion. The survey included a more com. prehensive list of assets in each category. However, the infrastructure covered by the survey questionnaire was consistent with the previous FCM.McG ill 1996 survey for comparison purposes. :,1:6 An1er~can SQCiety of O....iI Engft'1~ring, ASCE Rr:pLJrt. Card em U.5_ 'njrr;l5tl'Ua.",'e. 2000'). iHE COMINC COu.APSE OF CANAO^IS MUNIClPA.L lNFUs1'Ruc:rUIil:( 16 The three different survey estimates clearly illustrate the deficit's tendency to compound This can be attributed to tne accelerated agmg of some infra. structure assets and considerably increased deterio. ration due to deferred maintenance, lack of quality control in construction and fabrication of materials, and. in several cases. harsh climate and aggressive environments for which the infrastructure was not properly designed, operated and maintained, F rom Deferral to Disaster: Compounding Capital Needs By definition, infrastructure spending relates mainly to long-lived capital assets. Capital investments have inherent long-term characteristics: investment in new infrastructure must include plans to repair and eventually replace the asset. As infrastructure investments declined in the late '970S and 1980s, maintenance, repair and rehabilitation activi- ties were often deferred, even at the risk of jeopardizing assets and reducing their service life. Reversing this neg- lect is much more expensive than regular maintenance, so much so that it may not be possible to rehabilitate an asset, which instead must be decomm'issioned, demolished and constructed anew at an exorbitant cost to the t<lxpayer. One of the principal causes of the extensive deterioration of Canada's infrastructure is deferred maintenance during fiscally difficult times. It is instructive to examine the influence of maintenance on the quality of perform- ance and service life of a typical infrastructure asset. The qualitative influence of four different levels of annual maintenance rates-ranging from "no maintenance" (which would be the case with deferred maintenance) to two per cent of the asset's construction cost, whicn would normally keep the asset in an acceptable operating condition with on-going low-cost regular maintenance- is shown in Figure 9, Figure 9 Infrastructure Condition as Determined by Maintenance ~ .B -g Q U ~ ~ ~ ~ "'E / (ond,,,"n .t ron","CMn " " " , " '. M~nimum ac:cepub~1:' stall! of repiiur \, .......... .~iI ~~ Sf'rwi(~ ute {Years~ . No malnteniince . 1% mairltel1a:f1ce . 1.5% m.l~nttndnce 2% m aint.et1ance- Note that with no maintenance or sporadic deferred maintenance, the infrastructure facility deteriorates very rapidly and with a considerable reduction in its service life. However, if about two per cent of the facility cost i!'. invested in it!'. maintenance, the deterioration rate is much slower, and a considerably longer service life is achieved. ThiS clearly highlights the importance of both maintaining the infrastructure facility adequately and not deferring maintenance under any circumstances. The influence of the four levels of maintenance on the escalation of the m\Jnicipal infrastructure deficit over the next 50 years I!'. demonstrated in Figure 10. Note that without maintenance or with deferred maintenance, the municipal infrastructure deficit could be close to $2 trillion by 2065. However, with regular maintenance and good scientific management, the escalating infra- structure deterioration and the resulting infrastructure deficit can be controlled within manageable levels. In other words, our infrastructure will grow old (that is, attain its service life and beyond) gracefully (in a reason- able condition requiring inexpensive routine maintenance). Alternatively, the cost of the actions needed for renewa I of our municipal and other infra!'.tructure would be so high that governments would not be able to cope with them. + '7 TH~ CO"~INc; COLLAPSE: 0"" CANAO,l.,:'5 MuN,\CI...,.,'L ~NI'~ASil':uC1V1H. More research is required to establish the current rate of investment in infrastructure maintenance, repairs and rehabilitation. However, all available evidence suggests it is below thl' level required to keep municipal assets in good re pa i r. Figure 10 Municipallnfrasctructure Deficit: Projected Growth ..::"';jl ,: :!lh!i' . / . . / , .- "/- .@ 0lil" " "0 o 4- o ~ ~ ~ in l~:~n ) Hilii ,~ilO Ii 2:j~ j;.' ,:!;J I} c02i' 1~~.~ :.~ :?IHi 2~~~ ;~ ::lhl;' . No maintena nc. ... 1% maintenance . 1,5% m.a rntenance .2-% m iliintenan{e THf COIlJlIt./C COLlAPSE 0" CANADA'" MUNjC(PAL ~NFRAHRUCTURE 18 --'----t-- The category of new infrastructure includes all infrastruc- ture that needs to be expanded or built to meet the changing needs of a community for demographic. socia-economic, environmental and other related reasons. Capital investments required to provide an enhanced level of service or meet new regulations would also be included. The needs for new infrastructure are distinct from the needs for upgrading existing deteriorated infrastructure, However, works undertaken to replace existing assets. or restore/repair existing infrastructure capacity, would not be considered "new". In general, previous infrastructure surveys, both in Canada and the United States, have not generated specific estimates for new infrastructure ne~s-the 2007 FCM-McGill survey is one of the first to do so. As a consequence, there is relatively little previous data to use as a basis for comparison. The 2007 FCM-McGill survey requested information from all participating municipalities about their new infrastruc- ture needs. Based on the responses received, the projected need for new infrastructure is $115 billion. Unlike the $123-billion municipal infrastructure deficit. the estimate of new infrastructure needs does not necessarily represent a funding shortfall. It is simply a projection of overall investments required to meet growing or changing needs in our communities. However, there are inherent links between investments required far new and existing infrastructure. First, because new infrastructure projects inevitably compete with existing assets for funding and put added pressure on municipal capital budgets. Second, because, by definition. investments in new infrastructure expand a municipality's overall capital stock, and therefore create additional funding requirements for maintenance and repair in the future. Given this. it is important that new assets be designed for optimal life-cycle performance, It is worthwhile to consider a few options initially and adopt the option offering the lowest life-cycle cost. A similar philosophy should also be extended to rehabilita- tion projects involving existing deteriorated infrastruc- ture. In short, we must not allow our infrastructure- old or new-to deteriorate. Figu re 11 New Municipal Infrastructure Needs (Billions of Dollars) 4,3 I~,l 35.7 7,7 2U.'.I II! W.ler Supply Systems . Wa:stewater and Stormwater S~tems . Tr~n50portilt~on Transit SySlems (vltural, Social, Community and Reere.llonal Facililles 1'f. Waste Management -t- 19 TtH (OMINe COLl-AI"SE Of (A.NADC,'S- MUNICIPA.l jN!'FlMnUC"l'Uilt Discussion Water-supply infrastructure will need a major invest- ment in the fLltLlre, representing the largest share of new capital needs. Capacity may be an issue in grow- ing communities, Constructmg new water-supply networks may be more feasible than rehabilitating existing ones that hilve deteriorated, These needs will be greater in larger municipalities, which have older underground infrastructure. Stormwater systems are not widely used in Canada, and generally stormwater and wastewater share the same piping system, plac- ing a large burden on treatment plants. In view of new, more stringent environmental regulations, some municipalities may consider it to be more feasible to expand their stormwater system or separate it com- pletely from the wastewater system. Considerable funds will be required in this area. In addition, waste- water and combined sewers are approaching the end of their service life. Much of this infrastructure was built during the Canadian industrial boom ofthe 1960s, Smaller communities also have considerable needs for new water and wastewater system projects. Transportation infrastructure IS deteriorating in a highly accelerated manner, and several failures have been recorded before facilities reached the end of their service life_ Although significant funding gaps exist for repair and rehabilitation of current assets, there is a pressing need to build new infrastructure for increased capacity, loading and safety. The needs are estimated at $28,5 billion_ Transit is the best solution to traffic congestion In larger urban areas, Moreover, the suburbs of large urban areas will also need effective transit systems. This orientation is also driven by the public aware- ness and preoccupation with climate change, The needs in th-Is area are $7.7 billion, Cultural, social and recreational facilities are facing a large funding gap, However, some municipalities have already allocated funds for expansion or con- struction of major facilities_ This investment need will be reduced once all needed facilities have been constructed. Future needs in this categor)' are $18 billion, New waste-management needs are estimated at $4,3 billion. Some facilities dealing with waste man- agement have been designed using sustainability- based criteria, and this trend may continue in the future. However, the new needs in this area could increase cons iderably. due in part to strider future environmental regulations_ Notes for Future Research The results of this project are based on a survey of 85 mLlnicipalities, ranging in size from less than 10,000 to more than one million, representing 46 per cent of Canada's population. The infrastrLlcture expenditure records maintained by municipalities across Canada vary considerably, which created some difficulties in developing their responses to this survey. In future it would be useful to modify the survey ciltegories to be consistent with the record format used by most municipalities. The 1996 FCM-McGill survey showed that many Canadian municipalities did not have an inventory of the assets within their jurisdiction, but this situation has improved considerably over the past decade. It would be useful to develop a computerized GIS-based inventory of the assets in each municipality, along with a historical record of construction (materials and construction techniques used), maintenance and any rehabilitation and replace- ment. Th-Is would be consistent with the recommenda- tions of the Technology Road Map:' An estimate of the need to upgrade existing infrastructure and acquire or build new infrastructure would be more scientific and accurate than any of the surveys undertaken previously. Based on such a record, each municipality can update these estimates on a regulilr basis with much greater ease. :27 (SeE, cePE, CPWA OInd National Resean::h COllncll Canada. T!3:dl'r1(llogy Ro.;ldm~f'l~ .200.J'....01J, 200l T+-u: COMIt-J~ COLLA~"E o~ CANADA'S: MUNICIIiA.L INfIU.SHluCTufn ;20 -+ "...FtDERAL INVESTMENTS ',N INFRASTRUCTURE ARE S\GNlriC,t.,NT, BUT1"HIS FUNDING N\:[DS TO 8E PUT ON A t.ONG-TERM TR,Il,[K TO ALLOW FOR LONGTERM P'...ANNiNC, ESPECIALLY GIVEN THE TIME SPANS INVOLVED IN pv..r~NING AND BUiLDING MAJOR INFRASTRUCTURE PROjECTS." Federal Budget 2006, Restoring Fiscal Balance in Canada - Focusing on Priorities. The results of the 2007 FCM-McGill survey point to a single, inescapable conclusion: that much of our munici- pal infrastructure is past its service life and near collapse. More specifically, the survey results "indicate the following: The municipal infrastructure deficit is approximately $123 billion and growing. The revised deficit includes sub-deficits for water and wasteW<lter ($31 billion), transportation ($21,7 billion), transit ($22,8 billion), waste manage- ment ($7.7 billion), and cultural, social, community and recreation infrastructure ($40.2 billion)" a comparison of municipal surveys done in 1985, 1996 and 2007 clearly shows the tendency of the deficit to compound. Previous estimates of the deficit's growth (e.g.. $2 biHion per year) have been too conservative. Municipalities require an estimated $115 billion in new infrastructure investments, which will compete with existing assets for investment and place pres- sure on municipal capital budgets. These findings, combined with the evidence of deteriora- tion Canadians see in their own communities, suggest that much of our aging municipal infrastructure is on the brink of failure. The size of the infrastructure deficit has focused govern- ment and public attention on the need for achon to And solutions. However, the lack of a clear understanding of its scope, or even agreement on a definition of infrastruc- ture, makes finding solutions difficult. Identifying and describing the problem to be solved- defining the size, scope and geographic and jurisdiction- al characteristics of the infrastructure deficit-should be the first step in developing a \ong-term pDlicy framework for investments in municipal infrastructure. understanding the problem and its scope in each region will help to identify investment priorities more accurately. This will provide the basis for a more rational intergovernmental strategy for infra structure investment. It will also lay the foundation for a robust accountability framework. + .2.1- THE COMING COLL':'P5~ ()~ CANADA'S MUNIClPAL IN~Ii.ll,Snu(TUIH Measuring the size, scope ilnd nilture of the state of public infrastructure will not be a new or unique endeavour. There are existing exam- ples of comprehensive infrastructure asset inventories, which could be used as a model for a full inventory of key municipal infrastructure, UNITED STATES NATIONAL BRIDGE INVENTORY The National Bridge Inventory (NBI) was estab- lished in '994 as a database, compiled by the Federal Highway Administration, with informa- tion on illI bridges and tunnels in the United States. The data can be used to analyze bridges and judge thei r condition, It provides a search- able and easily updatable database of bridge identification information, bridge types and specifications, operational conditions, bridge data including geometric data and functional description, inspection data, ete. PROVINCIAL BRIDGE MONITORING ACTIVITIES As the Commission of inquiry into the collapse of a portion of the de la Concorde overpass (the "Johnson Commission") found, although the province of Quebec, like most provinces, maintains one or more databases of bridges and overpasses in its jurisdiction. the data maintained were not sufficient. The Commission recommended that the Quebec transport department, as well as larger municipalities. implement an accelerated, comprehensive and easily accessible on-line system, containing all records and data relevant to bridge and over. pass structures in the province, including reports on inspections and repair activities. This information will allow all three orders of government to develop key elements of a national plan. such as: planning for the total investment required and Its timing, which is key for federal, provincial/territorial and municipal budgeting; tailoring the plan and priOrities to fit unique regional, demographiC or geographic needs, rather than relying on national, one-size-fits.all approaches; and setting ilccountability measures, such as interim progress milestones, and the objectives of the plan (the elimination of the municipal infrastructure deficit). Equally challenging are constantly changing, ad hoc definitions of what constitutes infrastructure in succes- sive federal programs, definitions that fail to account for the full range of municipal infrastructure. Municipalities are responsible for a broad range of infrastructure beyond water, sewers, roads and bridges." An agreed. upon definition of infrastructure must be developed that recognizes all municipal infrastructure and the importance to communities of having the full rilnge of this infrastructure. Other factors that must be considered include the impact of new environmental regulations. which can dramatically increase need and, by extension, limit municipal capacity to deal with the infrastructure deficit," and extreme weather due to climate change, which is putting new strains on infrastructure, accelerating aging and deterio. ration and increasing the risk offailure. If Canada is to prosper, municipal infrastructure invest- ments must support the economic potential of our cities and communities, For this to happen, financing must reflect the long-term nature of infrastructure investments, which will require a long-term investment plan with agreed-upon priorities. This plan must bring long.term certainty to infrastructure funding, which will promote new efficiencies, technologies and best practices in infrastructure delivery, Any serious plan to address the municipal infrastructure deficit must begin with an acknowledgement of the scope of the problem and the urgent need to address it. This study represents the first step toward a real plan. :2g These ~ndude ccmmuniry 'entre~, Ijbrjlr~s.. recreitlor1ii11 fi!lcilities, iusisted nOl,jsing, Piilrlrs and. In some cases, childcare faclhuBs. tnrraUn,J(tur'e:> brlw$tmenl'$ allTled on1r al more triidilionill prn)eds., 'Sue" rOiids. or watf"r s~s[{IIms, have often ha.d the perverse offfecl of p!"nalizing mU;/"HCip;1lilics th<lf have prope-rly planned, f1r1arX-ed and manag.ed thl5 c:at(-gol)' of infriilslrudur€. '1-9 For exampl~. the costs. far mutliCi Pillities to mmpl~ with n€!W wa51ev.-ater' standards: propo~d by tn"" C:ln:;Idlan CQl.Ir'lcH of M~r'1ISter'S- of the t.n\,'iron-menl ,jInd EnvlrQnmenl Canada ha"e been -estimated at U bHlion to $12 billion, wfo1jc.h OOl,Jld increiil5e by is much OIS 10 pe~ cent m~ n~d for r'lew Infrilstructure. THE: COMING COlLAPSE OF CAN~DA'~ MUN~crPAL jl"i~~A5TRLJC1'IjIH 22. -r- Winner of several awards for outstanding teaching, research and international professional contributions, Dr. Saeed MIrza is one of Canada's leading experts on the state of our public assets and a frequent media commentator on infrastructure issues, He has authored numerous articles and studies on Canada's infrastructure needs, including the study that established the widely accepted $6o-billion estimate of the municipal infrastruc- ture deficit. Dr. Mirza is a Fellow of the Canadian Society for Civil Engineering, the Engineering Institute of Canada, the Canadian Academy of Engineering, the American Concrete I nstitute, and the Institute of Engineers Pakistan. He served as President of the Canadian Society for Civil Engineering ((SCE} in 1985-86 and has been chair or co-chair of several committees of that organiza- tion. He was Founding Chair of the CSCE's Technical Committee on Rehabilitation of Infrastructure. Dr, Mirza has been a member of McGill University's Department of Civil Engineering and Applied Mechanics since 1966, where his specialty is structural engineering and rehabilitation of infrastructure. -t- 2J THE COMINC (OLlAPH OF CAN,l.DA'S MUNlCi'P....l INFRA~T1WCTU~E Report Contributors Project Team McGill University Dr, Saeed Mirza, Project Lead Cristian Sipos, Research Assistant Adriana Giannini, Research Assistant FCM Gabriel Miller, Project Coordinator The project team wishes to thank the 8S municipalitie5, and more than }oo municipal staff, who participated in the FCM-McCilt Municipal Infrastructure Survey, Acknowledgements also to FCM staff who helped produce this report MaS5imo Bergamini, Director of Policy, Advocacy and Communications Michael Buda, Manager, Strategic Coordination Robert Ross, Manager, Communications Mona Barakat, Production Coordinator Finally, thanks to the production team: Allegro 168 Inc Alison Arnot, Proofreader Centre de traduction Caron Christy Hutton, Graphic Designer THE COMrNG (OI-LM:SE: OF CAN"'DA1S MUNICIPA~ INFIlA5TRUCTUFlE a-4 "'1- Cil,\' llall J 5 i\1(ld,d Squ,nc P.O. Gox 197t Sainljohn New Brunswick Canada E2L 4 Ll II' ~ Mayor McFarlane And Members of Common Council November 30,2007 City of Saint John Mayor and Council I have prepared a briefreport on the Federation of Canadian Municipalities 2007 Advocacy Days that were held in Ottawa from Nov 20th _24th (1) Key Message: A. Foundations of our cities and communities are near collapse and it will take $123 Billion to fix them. B. We have urged the Province and the leaders of the three Opposition parties "'to commit to developing a plan to deal with this crisis in this Parliament." C. Money is not what is in short supply as the Government of Canada is looking at a surplus of some $26 Billion over the next six years. D. We cannot continue with the ad-hoc programs ofthe past. Government must revise its fiscal framework. E. Continued delay or half measures are simply not an option. Crumbling infrastructure will soon be a total collapse. (II) Committee Advocacy tenus were assigned a specific MP's and Senators to meet and to present committee specific positions. For example, one of the Committees that I represented was the "Standing Committee on Community Safety and Crime Prevention", We had three objectives and three key messages that I will share with Council in Open Session. (III) As the President of the Cities of New Brunswick Association, I presented a brief outline ofthe NB Municipal deficit as it relates to infrastructure at both the Meeting of Provincial and Territorial Association Presidents and Executive Directors, and thc Standing Committee on Municipal Finance and Intergovernmental Arrangements. An assessment of the infrastructure needs in the Province ofNB was done by the Francophone and Anglophone Associations representing towns and villages and by the Cities ofNB Association; which represent 102 Municipalities in our Province, This assessment did not include the LSD's. What did we learn from this assessment? In 2005 dollars, we had a $2.1 billion municipal infrastructure deficit. This did not include Roads, Recreation and Culture. The ECM's Report of a $123 billion deficit does include Roads, Recreation and Culture in 2007 dollars. Ifwe included these items, it is anticipated that our deficit would be in the range of $4 to $5 Billion. Locally, Saint John is the oldest incorporated city in Canada with some of the oldest infrastructure. Note: 28% of Canada's fnfrastructure is 80 - 100 Years Old 31% 40 - 80 Years Old 41 % 0 - 40 Years Old Our City has over a billion dollars of infrastructure and I would expect at least 60% of it is over 40 years old. The solution to our problem and the rest ofthe country is a collaborative approach. We need a long. term commitment for funding. We need to work together with the other two levels of government. 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I'- 'It ~ .2! <D (I) ,Q "": III ~ > Eo g.;;o~-gF'e5~~ I- g .... N~.N. cv. o..Q.. 0..5 'C C <1l r-- o o ('oj C III III ~ II> .0 c .Q = :c M C') ... .s "[~ 'u <'Il '~ -; E ~ ~'~ lJ Gl III ~ ..!.>. ~~ ~ 'ti U1.!! ilia t\lU '"0 Gl 'C ~ ~ Gl c: '" OIl .0 Ul <II ~ ..c: u :E ~ :2 o 3= Gl > ~ '';::; :5 0;: ~ <D :S "0 <= t\I" <<I "t:I m c: <II U C III ~ Gl ..a 0> C ':;' o 0.. E II> III '0 Ql 'e- o. lI> -e m ~ III '" o "" :J.0 'C: C o u III " a o 01 '0 3= o ;: Gl :S Gl > e Co .5 .... .2 c ~ :c on ~ i4 II> 'lJ 'S: e 0. ..c: u :c ~ l!! ~ e 6 cUlffi "E.9~ <'IlULL. S ,~~ "iii~w 50~ iii"E~ z ~u <Draw ~"iilX 'Q",w CIl.2 LL. c1i~ :;:>Z:r: ~ Cl)(.l ::z:=w I'- o::I: 0-1- OElL ~.s0 .8 ~~ E 00 ~ E a. o Cl)W z::!;a:: -c '" .a ---" to N '0 N Ql 0) 11l a.. Institute for the Prevention of Crime (I PC) Mission: To strengthen Canada's capacity 10 use evidence and knowledge 10 prevent crime and victimization Goals: 1. Slrengthen research, knowledge and evaluation on crime prevention in Canada 2. Promote advanced learning on evidence-based crime prevention 3_ Collaborate with all orders of government and civil society 10 use this knowledge and ski!Js 4. Disseminate knowledge on evidence-based CP \ Wv...., PI...\'TnUOn ,Ill .L.,lI , . '']1'.; "Harnessing Knowledge to Prevent Crime" " Three-year program supported by Public Safely Canada ;, Three components' 1. Bring together and expand knowledge of 'what works' - IPC Review 2 Collaborate wHh national working group 10 identify actionable ways for Canadian policy-makers and praclHioners to plari and daliver effective prevention inHiatives by uSJng evidence-based knowledge 3. Work wHh a network of municipalities to use knowled ge at local Jeve! - . "to' ~ \'" ~~', ., I .: .' .....,; I'r~':.nlwn.';;J,I1::oI. 1 National Working Group on Crime Prevention Pan-Canadian !lroup of nalional as.oo"oon.. research.rs & practilioners Pllas. 1: 9uildi nil a Safer Canada ~ Key .Iemenls 01 a comprehensive and susfainable approach to crim. pr.ventio" and communily safely in Canada .~ Infrasl",clur. no oded 10 go""m such an approach ..,. Current situation ,,., Canada, gaps __ actionable recommendations PhIS' 2: )i> Whal do.. this look like 'on the ground' when applied to speCific crime and -.1climizabon challenges? . . , I, . ',\'\l\f't~.U"F'il~I,~;~:I' Building a Safer Canada RecomrnemJallons 01 the pj,... R.port ofth. NWG (Sepl 07): 1. Develop national vision, framewol1< & aClion plan for COllaboration and partnerships 2. Concenlrate fn....estmenls and efforts- on areas of g(e-alest ~ed Ensure 9realer emphasis O<l wtlat has w",ked if) crime prevenj,"n and problem-solving parlJ1erships 4. Improve levels of sustained investmants and support (1100'111009". skills 8. resources] Improve informetion for, and engagement of, the public \ ~ ~ ~ ~ hl\~ 1-.,t,:-:".,-L-.'n~I'1''c~''J\ ,t. . . . '.'f".. Municipal Network on Crime Prevention Vancouver Surrey Edmonton Calgary Saskatoon Regina Winnipeg Waterloo Region Toronto Ottawa Montreal Quebec City Saint John Halifax FCM NCPC ~ ' ,'. , ' -I--L \, '..';d,d~JIl "IJ'.,:~~' ~ , ~',f" 2 Outputs of the Network 1. Annual meetings of cities interested in snaring knowledge about crime prevenllon 2. Review of international strategies and praclices 3. Review of strategies and praclices in Canadian municipalities (March 2008) Key elements and barriers to success . Guiding principles for effective crime prevention at 3 levels of government Vision and principles that muns can support 1\ l~"'\ ') l \'~n .11~11 .-r~.l ,( ,~ ~ - . """ ,~.. Guiding principles for federal govt 1. Develop a national framework for inter-sectoral collaboration 2. F~rs~rtfo~~s 3. Creale a respOl1sibilrty centre 10 suppor1 program development 4. Sustainable and simplified funding for demonstration projects and evaluations 5. Fund data collection \ools, e9 victimization sUlveys, mapping D. Collabora1e wrth proviflciaVmunicipal gOY!S 10 ensure coherency in policies. programs 8. services , . ~' . ~ ' . \;"\,1.; 1'>.'~-L lnh\f!.~~~~ ~..I Guiding principles for provincial govts 1. Develop permanent ,;sponsibHily centres 2. DevelOp in!er-sectoral policies F oster networking and information sl1aring 4. Develop diagnostic and evaluation 100ls for municipalities and community groups 5. Provide Il'(:hnicllt ;lssislan-;e on how to use 1nl'se tools 6" Provide tecnnical assistance on eNeclive program delivery 7. Fund ~ at universities 10 assist mUnlcipal~ies 10 use data effectively - ~ " , ~.lii.. .. . ""1..1.~ i'!'-~ Flj.u~n ';,J~~. ,-'~, (. 1J.(iL'Ji. dli. C; cL._J d., i::<'.e~ '" qt1, u(.?l2 .. I \ o ~.feN CAr.) rJ~"\ vJ o4,.J.. J ,I uJ <) (U<' t-<c.CJ t..(/...i.a ,J I;) \' ; "j r ~ to 1: , K.e. Q.i)J"'..J'.....0: +-L'"- ~" I. I - "' - '/{(~("'" tC-l ko If", ..f!-.A.r rfLJ-N ,(, if.'> .<r, - t ( 3 Guiding principles for municipal govts 1, D~[op pem1anenl responsibilKy cenlres 2. Ensure strong leadership and commKmen! at senior levels 3. Craale govemance structures lhat will ensure suslainabilily 4. Develop communily safety policies and stralegi"s 5. Ensure that community safety strategies are Integrated in all municipa' seNices and priorities € Use a problem-solving model 7. Actively facilitate the formation of community partnerships 8. Mobilize cammun ~ies, enhance capacities 10 , ; ~\ '\ \I : 'l ~ \ .llI ~lin ('"llll\: i il ' " l . j"'1 ~,' Hally JClhnscm~ ~hO ~(,O"'!'S:!iIflure iI!::;IrI!:g~e ( A55t1C-ietl~ protesl'io( DI!!:p.artemen~ de criminClI~\;lte f Oeplilr1meJ1l.,j Cr~.,.,j[1DICJgY 1nstllut pOUt la prel/enllon de la L:rimin1Jlft~ j IrlSilirute foOr !~e Preventio-n of CrJme \J(liVl:!rsiti! d'OttilW.!I1 Unlv"ersitll or Ottawa Otta-y{.l!l ON K1N 6N:5 51 3,5B2-S"BOO {pc5E!e:d:. 18051 b@tJ~~.9:,gj M.!.rn a.ot'i\. ElUdla.nte iilu doctor<ll, CI(rn(MlGg~ (PhO C....f1dida'ie-. Criminology A~oci6~ ~ rl8i:h.!rch~ I Res~ar(:h Auooiatl!! ln51itul ~ur la pl~v~rWOtl d~ r~ crrminalil41 I Jnstrtl.J!.e '01 tt'iIJ Pr~V(I,..jjon 0' Cr(.me Un1IJf!J'"!.iI8 d'CNawa J Urllver!illt)' or otti:tWa (tttAwa ON K1N SNS B1J.lS2.5S00 (po.t,ie,t \ 1241 rnbanlarSl oohwa 9a : J . > . , . ' R' I "d ' . , hllw l'~..~U'tL'~i:.:r \\.t' (il- I, " . ......~f\..: fJ... c1e.<x~M~IlTi(jIJ O/! (.<.. cJ~fUpl J;r; <.lr--) 4 October 10,2007 Memorandum to the StandinQ Committee on Community Safety and Crime Prevention REPORT ON THE DOMESTIC GROUP ON EMERGENCY MANAGEMENT The Domestic Group on Emergency Management (DGEM) is co-chaired by Public Safety Canada and the Canadian Red Cross, and gives major stakeholders in emergency preparedness and response a formal venue in which to exchange information with the Government of Canada. One of the major objectives of DGEM is to improve collaboration amongst emergency first responders by clarifying roles and responsibilities. To this end, during the last meeting of FCM's Standing Committee on Community Safety and Crime Prevention, a sub~committee was formed to prepare a summary to DGEM outlining the municipal role within the 4 phases of emergency response (prevention/mitigation, preparedness, response and recovery). This summary was requested by Public Safety Canada and will assist DGEM members in gaining a better understanding of municipal, roles, responsibilities and contributions to public safety. The sub-committee, which includes eight elected officials and municipal emergency management practitioners from across the country, recently met via conference call. In addition, some members provided FCM staff with written briefs. All input was collected into a single document that will be submitted to DGEM on behalf of FCM. The draft summary can be found for your approval in Annex B. RECOMMENDA TIONS: It is recommended that: 1) the draft summary outlining municipal roles, responsibilities and contributions within the 4 phases of emergency management be endorsed; and 2) this report be received. ~0~ Joshua Bates Policy Analyst November 2007 Meeting of the National Board of Directors Standing Committee on Community Safely and Crime Prevention Page 9 of 22 !lt~ . , - - . - M & C 2007 - 328 th November 28 ,2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: SOLID WASTE MANAGEMENT SERVICE Some solid waste practices in our community are wasteful, careless and short sighted; harmful to people and the environment, and an unnecessary burden on taxpayers. On the other hand, some citizens are leading a movement to reduce our ecological footprint; demonstrating through their every day efforts that we can leave a legacy of optimism and sustainability for our children and future generations. Purpose of this Report This report is about charting a new and challenging direction for the Solid Waste Management Service; one founded on principles of sustainability, quality service and diligence on the part of the entire community. Effective management of solid waste is important for good public health, quality of life, the cleanliness of properties and streetscapes. A modern solid waste service involves much more than simply collecting and disposing of garbage. Society has come to better understand that solid waste management should minimize waste generation (and related costs) and seek more efficient use of resources. The service must work with citizens and neighbourhoods towards high standards of liveability; and be ever diligent in protecting against environmental degradation and urban blight. Attending to our needs today, as well as of future generations, means understanding wide-ranging environmental, economic and socio-cultural considerations; and applying sustainability principles in delivery of this core municipal service. VISION 2015 - SAINT JOHN'S PROGRAM OF EXCELLENCE This new Solid Waste Management Service puts into effect the sustainability principles adopted by Common Council and implements the direction set out in the Vision 2015 service refinement process. It presents a service profile that describes the scope of the service, outlines its value to the community and charts activities into seven programs; with the goal of each program clearly set out, along with identification of program content, annual cost, and associated performance and cost measures. 5U5T AINA5IL1TY - Q(jALlTY - COMMUNITY DILlGE.NCE. .- -.. I Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 rage 2 VISION 20 1 :5 1. on economIc. 2. a ;. In entire +. as a restore SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. 5. on In 6. to minimize to 9. use on action 7. economIc 8. communication as a common 10. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f' age) BACKGROUND This report builds on a myriad of solid waste experiences, many unique to Saint John, and the work done over many years to better understand the service needs of the community. It brings together the plan for integrated resource and solid waste management with the Vision 2015 servIce refinement process. References 1. Service Profile - Solid Waste Management Service, City of Saint John, October 1ih, 2007 (attached) 2. Vision 2015 - Saint John's Program of Excellence, Final Report on Operational Review Program, City of Saint John, September 26th, 2005 3. Integrated Resource and Solid Waste Management Service, Sustainability, Costs and the Environment, Report to Common Council, M&C 2005-179, City of Saint John, May 318\ 2005 4. A By-Law for the Storage, Collection and Disposal of Solid Waste in the City of Saint John, New Brunswick a. Current Solid Waste By-Law b. Proposed Solid Waste By-Law (highlighted draft attached) 5. Solid Waste as a Resource, Guide for Sustainable Communities, Federation of Canadian Municipalities, with the Government of Canada, Ottawa, March 2004 6. Strategic Commitment to the Environment by Municipal Corporations, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Federation of Canadian Municipalities, with the Government of Canada and the National Research Council, Ottawa, July 2003 7. Demand Management, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, Federation of Canadian Municipalities (FCM), with the Government of Canada and the National Research Council, Ottawa, July 2004 8. Analysis of Saint John's Current Residential Solid Waste Collection Model with Options and Recommendations, J.F. Balcomb & Associates, November 2004 9. Operational Review and Cost Analysis, Residential Solid Waste Collection Service, Municipal Operations and Engineering, February 28th, 2001 SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f'age+ INTEGRA TED RESOURCE AND SOLID WASTE MANAGEMENT 1. A strategic commitment to the environment. In June 2005, Common Council endorsed development of an Integrated Resource and Solid Waste Management Plan for the City of Saint John founded on principles of sustainability and incorporating the following nineteen (19) considerations: 2. Environmental protocols to help reverse environmental degradation, protect the economic resource base, and enhance the health of citizens and employees. 3. Five-year operational projections incorporating all relevant considerations. 4. A public information and education component, fully funded and integrated into the overall solid waste management program, focused on principles of sustainability, waste diversion and proactive enforcement of the By-Law. 5. Defer consideration of a user-pay system. 6. Clear and aggressive objectives for diversion of solid waste from landfill disposal that increase from year to year, along with the means to measure results. 7. In conjunction with the Fundy Region Solid Waste Commission (FRSWC), establish additional blue bin recycling depots South and North. 8. Strong commitment to proactive enforcement, identification of the level of non- compliance that will be tolerated and appropriate penalties for non-compliance. 9. Operating methods based primarily on I-person packer units, with some capability for collection of large, heavy items. 10. An optimal fleet complement for the City's collection service, with an appropriate replacement policy and funding established for equipment replacement. 11. Duties and responsibilities of operational staff enriched to take full advantage of what these employees can contribute to enhancing solid waste management. 12. A waste diversion and education section to focus on Saint John; working III partnership with and complimenting the diversion efforts of the FRSWC. 13. In consultation with the City's by-law enforcement services, operational staff members identified, trained and designated as by-law enforcement officers. 14. A refined program for Residential Clean-Up implemented in 2006. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f' age ;; 15. A new routing and scheduling system for simultaneous, bi-weekly collection of refuse and compost in all parts of the city, except the South End, the Old North End and the Lower West Side ("vulnerable neighbourhoods") where weekly collection would apply. Night time collection to be "piloted" in the South End. 16. Defer consideration of bag limits for at least two years. 17. Undertake a full review and update of the Solid Waste By-Law. 18. A formal working partnership with the FRSWC, and possibly others, focused on achieving maximum diversion, long-term sustainability, greater acceptance of new initiatives, and expanding options and opportunities. 19. Individual citizens and property owners are essential stakeholders, with individual responsibility critical to achieving waste diversion objectives and, therefore, making community sustainability a reality. ANALYSIS Managing solid waste effectively means embracing the principles of sustainability; putting into action a strategy that optimizes resource reuse and recycling, minimizes waste generation, and maximizes the service life of landfill infrastructure - thus controlling costs and reducing our impacts on natural and urban environments. The Solid Waste Management Service will work with the public and the Fundy Region Solid Waste Commission to attain optimal waste diversion and, ultimately, to contribute to reducing environmental degradation and the generation of greenhouse gases; it will administer community solid waste standards and provide residential households with effective and efficient collection and disposal of refuse and compost wastes. It will also understand and work with neighbourhoods in responding to their distinct needs. The Solid Waste By-Law provides the basis for solid waste management in Saint John. Beyond defining eligibility for the municipal service, it outlines standards for storage, handling and disposal of solid waste generally. A summary of proposed changes and reasons for those changes follows this report. Staff consulted with the By-Law Review Committee chaired by the Deputy Mayor. Service Profile Significant in the new approach for solid waste management is a much broader focus for the service; one that strives to move beyond the basic collection and disposal of garbage to a more comprehensive understanding of what the service should entail. Activities delineated through the service's seven (7) programs all contribute to achieving desired community outcomes; a clean, healthy and liveable city that minimizes its ecological footprint, optimizes service outputs with costs, and strives for long-term viability. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f' age 6 Residential Refuse Goal: To achieve effective and efficient collection and environmentally responsible disposal of residential refuse in accordance with the Solid Waste By-Law and guidelines of the Fundy Region Solid Waste Commission. Collection (and disposal) of refuse from residential households would be provided on a bi-weekly basis, except in "vulnerable" neighbourhoods. Citizens and spokespeople for groups working with these neighbourhoods have expressed a need for weekly service in those parts of the community. Citizens in these neighbourhoods are working to overcome their "vulnerable" status and, over time, will move to the standard frequency of service. A new, two-week collection cycle, with refuse routes designed for a single-person packer unit in one 8-hour collection shift, has been prepared. Service performance on each of these routes, delivered by City or contract units, will be measured and reported regularly. Residential Compost Goal: To achieve effective and efficient collection and environmentally responsible disposal of residential compost in accordance with the Solid Waste By-Law and guidelines of the Fundy Region Solid Waste Commission. Organics from residential households would be collected on the same day as refuse, with the schedule for compost organized around that for refuse. Service performance on each route, delivered by City or contract units, will be measured and reported regularly. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f' age 7 Blue Bin Recycling and Composting Promotion Goal: To strongly encourage all citizens to participate actively in the "Blue Bin Recycling" of paper, cardboard, metals, and plastics, and to optimize residential composting activity. Tipping fees are the single largest solid waste expense (over $1.6 million annually); a cost that can be reduced. Citizens should understand that a lot of the material going into Crane Mountain as refuse (at $108/tonne) could be recycled or otherwise reused (at no direct cost to taxpayers). Paper, newspapers, cardboard, metals, plastic shopping bags, and other plastics need to be directed to the Blue Bins, not buried in the landfill site. Litter Control Goal: To effectively control street litter and to efficiently serVIce municipal litter containers placed at strategic locations around the city. Responsibility for litter control would be integrated into the solid waste management service. Specific standards of service would be defined, administered, measured and reported on. A clean, litter free city is important to citizens and for the future of this historic city. Special Activities Goal: To provide for effective collection and environmentally responsible disposal of refuse collected through special service activities, including Bulky Items Pick-Up, White Goods Drop Off, Municipal Facilities, Christmas Tree Mulch, and Neighbourhood Clean-Up Initiatives. Special program activities are designed to attend to particular solid waste needs of the community. The service will work with neighbourhood groups to support clean-ups, provide bulky item pick-up at no additional cost and give citizens opportunities to dispose of large, awkward appliances. Service Coordination and Consultation Goal: To maintain an up-to-date inventory of eligible residential service customers, to coordinate timely service to those customers in accordance with the published schedule, to consult with citizens on matters of solid waste management, and to receive, record and follow-up on service requests from those customers. Clients of this service, in particular residential households serviced by the municipality, need to be assured that their service is vigilantly managed in terms of quality, reliability and cost. Public consultation would strive to engage the community in planning for and implementing solutions. A full range of service and cost measures will be maintained. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f' age 8 Solid Waste By-Law Administration and Public Education Goal: To administer the By-Law in accordance with its intent and purpose, to proactively apply its provisions, to promote waste reduction, reuse of resources and material recycling, and to take particular aim at preventing and prosecuting illegal dumping. The foundation for solid waste activities is the Solid Waste By-Law; public understanding of its provisions and the solid waste service is important. Once Council has established the parameters of the service, positive energy needs to be directed towards working with citizens to ensure high standards of quality and least-cost delivery. True success will be realized through full community commitment; stakeholders working together to keep the city clean, to enhance recycling and composting, and to minimize costs - both today's operating expenses and the long-term investments needed for solid waste infrastructure. Taking on the scourge of illegal dumping will be a particular priority; first through education and prevention efforts and, where incidents do occur, the vigorous prosecution of violators. Two-Week Refuse Collection Cycle A new two-week refuse collection cycle (attached) has been organized and mapped around a 2007 customer base of 21,749 residential households eligible for municipal collection; 3,858 in vulnerable neighbourhoods serviced weekly and 17,891 households serviced on a bi-weekly basis. An increase of 120 new residential units annually is projected. Table 1 sums-up the distribution of households among the 10 collection days. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f' age.9 Cycle Work Day # Routes Area Households Route Comments 1 Monday-I 5 East 2,448 3 City / 2 Contract 2 Tuesday -I 5 East 2,324 3 City / 2 Contract 3 Wednesday -I 6 South/West 2,713 3 City Night / 3 City Day 4 Thursday -I 5 North/West 2,640 3 City / 2 Contract 5 Friday-I 6 West 2,811 4 City / 2 Contract 6 Monday-2 5 NorthlEast 2,372 3 City / 2 Contract 7 Tuesday-2 5 East 2,686 3 City / 2 Contract 8 Wednesday-2 6 South/West 2,713 3 City Night / 3 City Day 9 Thursday -2 5 North 2,555 3 City / 2 Contract 10 Friday-2 5 West 2,345 3 City / 2 Contract Totals 53 25,607 3,858 weekly (x2) /17,891 bi-w Night Time Collection - Pilot As recommended in 2004 by the Balcomb studyl and included in strategy considerations, it is proposed that night time collection be "piloted" in the South End. Such an initiative offers a variety of service benefits: it gets residential refuse off streets during daytime hours, maximizes equipment usage, realizes operating efficiencies and operates with less traffic disruption. Potential benefits will need to be weighed against the challenges associated with night work. The City could move to a broader policy of night time refuse and compost collection. Compost Collection Compost servicing will be organized to compliment refuse collection routes; typically with fewer units and/or split packers with lower capacity for compost. The compost share of the waste stream should increase over time; better balance will mean lower costs. 1 Analysis of Saint John's Current Residential Solid Waste Collection Model with Options and Recommendations, prepared by J.F. Balcomb & Associates, Saint John, November 2004 SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 rage 10 Vulnerable Neighbourhoods A decision to service "vulnerable" neighbourhoods more frequently than others would be a policy decision of Council, one that carefully weighs its pros and cons. The basis for the staff recommendation is a view that these parts of our community warrant special attention in the near-term. The transition out of vulnerability needs support - working with residents to bring about desired change. Council will recall that Vibrant Communities Saint John and the Business Community Anti-Poverty Initiative (BCAPI) strongly urged the City to provide weekly solid waste service in these neighbourhoods, as has the Human Development Council. In mapping out neighbourhoods for servicing purposes, practical considerations were necessary. For one, not all residents in these areas suffer the plight of poverty; something that is in fact a blessing for each neighbourhood' s transformation. Personnel Considerations We must highlight the tremendous job done by some sanitation workers. A core group of stalwarts have enabled the City to deliver a good collection service. However, the wear and tear on some employees has been telling. Very good team members have been lost for periods of time and their non-availability has made service delivery difficult. Municipal employees currently provide over 80% of residential solid waste collection. However, it has become increasingly challenging to staff these operations. Employment in solid waste is not seen as an attractive work option by the majority of employees; few people seek full time employment there. Absences from duty for health reasons or work restrictions - sick leave, injury-on-duty or light duties - have also placed a strain on service delivery. With a workforce that will soon be reaching an age peak, the "personnel" factor is the greatest challenge facing the solid waste service. Equipment Fleet The municipal solid waste fleet currently consists of six (6) side-loading one-person packers, a rear-loading unit for special activities and a mini-packer for litter. The fleet has improved considerably in recent years - thanks to the efforts of Fleet and Materials Management. However, in continuous operations of this nature, equipment is heavily used and subject to breakdown. An evening shift instituted in the mechanical garage has been very important for the operational readiness of this equipment. Equipment availability is a central consideration in planning and setting route schedules for any continuous service. Garbage/compost must be collected on the appointed day and transported to Crane Mountain. In order to ensure service reliability, an equipment reserve must be built into service schedules. All pieces of equipment cannot be scheduled for deployment every day. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 rage 1 J Collection Model It has been suggested that the City move to full in-house collection by its own units; that is, no contracted services. Such a model is neither practical nor appropriate at this time. Staff cannot recommend the purchase of additional packer units or the dedication of more employee resources to this service. We believe that the best balance (for now) would be achieved through a slight increase in contracted services. A mixed in-house/contract service model should continue for at least the next two years. A quality collection service for residential properties will be maintained, while the performance and cost measures being introduced will help evaluate delivery options. Initial Service Improvement Obiectives - 5 An initial set of service improvement objectives has been set outfor the community over the next five years: 1. Increase waste diversion (Blue Bin) tonnage by 100 tonnes each year 2. Reduce residential refuse tonnage annually by 250 tonnes each year 3. Deliver 10 school education programs each year 4. Demonstrate a 2% improved cost per household serviced from year to year 5. Service collection routes within an 8-hour work shift not less than 95% of the time These objectives represent an initial set of targets for the community and its solid waste management service. From a broad servicing perspective, the City needs to inspire a culture of continuous improvement in its service delivery. Automated Solid Waste Collection There is an emerging trend across North America towards automated garbage collection. In fact, the City of Saint John has already set out on that road - with the Fundy Region green cart compost system. The benefits of mechanized collection are many; far outweighing, we believe, the costs and challenges of introducing the change. Automated refuse collection would involve a cart system similar to that now used for compost (but different in colour), possibly with a range of sizes for eligible households. Containers would also be helpful in establishing "limits" and container capacity could be tied to pricing options for customers. Experience elsewhere has shown that the greatest benefit of automation is reduction in worker injuries, a particular concern with an aging workforce. Back injuries, the most common in this type of work, do serious harm to service delivery and employee morale. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f'age12 Greater use of mechanical tools for heavy and continuous lifting will make the physical aspects of the work less onerous, allowing employees to give greater attention to matters of service quality and community cleanliness. Employee turnover should also be lowered. Improved efficiency and service reliability through standardization is another major benefit of automation. Greater productivity will be possible from available manpower and that efficiency will contribute to improved timing of collection, service reliability and lower costs. Current practices see a wide variety in packages placed for collection - everything from small plastic shopping bags to varying sizes and shapes of containers to loose and awkward refuse. We expect that residents will come to embrace the approach. With sufficient advanced information and careful planning, citizens will see advantages for themselves - easier refuse handling and tidier neighbourhoods. Introduction of this change, however, will not be without its challenges. There are cost considerations, although we do not anticipate proposing that the City fund the purchase of refuse carts. Council may wish to offer a level of subsidization, should that cost be justified by off-setting cost and service benefits. 2009 Pilot It is proposed that a pilot project be undertaken for three routes in 2009, with neighbourhood consultation and planning to be completed by September 30th, 2008. The households serviced along these routes are primarily single family: G1 Route 2-3 Lakewood (446 household units / 443 civic stops) G1 Route 7-3 Champlain Heights (507 household units / 501 civic stops) G1 Route 10-2 Westgate (513 household units / 495 civic stops) Greenhouse Gases, U ser- Pay and Ba2 Limits The community and citizens need to take responsibility for achieving sustainability. The more refuse generated and dumped into landfill sites, the greater the pressure on the environment and the more greenhouse gases produced. The ultimate challenge for Saint John does not lie in greater garbage collection efficiency; the real test for the future will be in how well the community manages resource use, reuse and recycling. Individual citizens have a responsibility to step up and be counted. User-Pay In time, this responsibility may mean establishing a system of user-pay for solid waste services. If public education, encouragement and reinforcement do not bring about needed change in habits, "cost-causers" should be expected to foot their fair share of costs (for service delivery and infrastructure investment). The current system actually "rewards" irresponsibility and unwillingness to share in solutions. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 rage 1) "Bag" Limits "Bag limits" or refuse limits will be proposed beginning in 2009. The introduction of such limits is essential if the notion of sustainability is to become a reality - something more than simply rhetoric and motherhood. Limits would emphasize the point that people have to take greater care in what they throw out and expect their municipal government to haul away. Citizens and businesses alike have to more actively recycle and, at a minimum, use the compost system available in the Fundy Region. Eli2ibilitv for Residential Service Essential for managing the solid waste service is a clear understanding of eligible "customers"; the By-Law specifies service for residential properties. Managing to the line drawn by Council in its By-Law has been at best challenging over the years. Some property owners do not make adequate provision for solid waste handling at their commercial buildings; leaving tenants to their own means. The results of this negligence has been littered and dirty streets, avoidable collection and tipping costs, frustrated collection workers and a service that is difficult to truly manage. Control has been gradually regained and particular attention given to clarifying the customer base. Recently, there have been questions about so-called "home-based businesses". What difference do a few extra bags of garbage make? Some measure of latitude was suggested for these small commercial entities. The Provincial property coding system provides guidance; your staff representatives met with officials to better understand how the Province differentiates among properties. As a result of their advice, established By-Law definitions, support for a level playing field, and administrative impracticalities of special status for some non-residential (combined) entities, staff cannot recommend extending solid waste collection service to these properties. Service eligibility needs to be clear. INpUT FROM OTHER SOURCES The service outlined herein has flowed from the Vision 2015 service refinement process involving staff from across the civic organization. The Fundy Region Solid Waste Commission is a vital partner in delivery of this service. Staff consulted with the By-Law Review Committee chaired by the Deputy Mayor. The Committee comprised of several community stakeholders, including ONE Change, the Village Neighbourhood Association, South Central Citizens Association, Carleton Community Advisory Committee, FRSW Commission and the Landlords Association. FINANCIAL IMPLICATIONS Table 2 provides a projected 5-year budget summary for the solid waste management service. Service improvements made and attainment of the objectives set out will enable some of these costs to be reduced. Most notable should be the amount spent in tipping fees at the Fundy Region Solid Waste Commission landfill site at Crane Mountain. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 rage 1+ Table 2: Five-Year Senrice Budget Projections - Solid Waste Management Senri 010 011 012 Residential Refuse $1,895,247 $1,862,952 $1,857,913 $1,847,721 $1,847,884 $1,916,079 $1,922,214 $1,956,130 $1,982,848 $2,017,789 Residential Compost $983,684 $999,090 $1,024,689 $1,045)15 $1,070,069 $995,402 $1,031,928 $1,085,532 $1,137,640 $1,196,190 Blue Bin Recycling and $20,598 $20,838 $21,154 $21,232 $21,560 Compo sting Promotion Litter Control $138,934 $142,643 $146,672 $150,525 $155,030 Special Activities $161,590 $164,418 $169,215 $172,001 $177,155 Service Coordination $152,371 $156,635 $161,199 $165,671 $170,635 By-Law Administration $240,007 $247,359 $254,358 $261,237 $269,024 and Public Education Total NOTE: Highlighted amounts denote maintaining current senrice RECOMMENDATION It is recommended that Common Council endorse the new Solid Waste Management Service outlined herein for implementation July 1 S\ 2008, refer financial considerations to the budget process and ask the City Solicitor to prepare an appropriate revision of the Solid Waste By-Law, based on the draft language proposed, for the consideration of Common Council. Respectfully submitted, J.M. Paul Groody, P.Eng. Commi ssi oner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 rage 1) HIGHLIGHTS OF PROPOSED BY-LAW CHANGES A copy of the draft Solid Waste By-Law is attached. New wording is highlighted. The most significant changes to the By-Law are summarized below. Definitions Several definition changes are proposed in Section 2: G1 "Weekly Collection Day" would change to "Scheduled Collection Day" to reflect same day, bi-weekly collection of both refuse and compost for most areas of the city. The actual level of service would not change; pick-up would be on the same day bi-weekly for both waste streams, as opposed to alternating weeks for the two streams. The word "scheduled" would replace "weekly" throughout the By-Law. G1 "Collectible Solid Waste" would be redefined to exclude recyclable materials and construction-demolition debris. Behind this change is a need for greater waste diversion - to lower disposal costs and extend the service life of landfill infrastructure. Tipping fees represent the single greatest cost to the solid waste service (about $1.62 million annually); many households do not actively recycle or use the compost system fully. That results in avoidable costs to the service. G1 "Commercial Establishment" has been clarified. Provincial Property Type Codes will be used to assist in clarifying the definition. This reflects a desire to use the most objective criteria possible in determining eligibility for residential solid waste collection. G1 A definition for "Construction and Demolition Debris" has been added, with a listing of types of materials included provided in a new Schedule B. Disposal as C&D waste is significantly less expensive than regular refuse disposal at the Crane Mountain Landfill facility. G1 A listing of the types of household materials considered as "Hazardous Waste" has been included in a Schedule C, in addition to the more general description of dangerous goods found in sections 3 and 8. G1 The term "Private Collector" has been deleted; the City no longer licenses these private entities. G1 The term "Refuse Package" has been deleted. Taking out reference to "paper and other cardboard" makes commitment to recycling clear and the elimination of such refuse packages from eligibility for pick-up is designed to make the collection process considerably more safe, effective and efficient. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 f'age16 G1 The "Residential Property" definition has been clarified to eliminate a loophole. G1 "Solid Waste Container" has been significantly amended: · F or Refuse Varying types of "metal and plastic container" would be replaced with an "approved plastic aerated refuse collection cart"; one that can be mechanically dumped into a packer. Mechanical collection in future is best for personnel (reduce injuries and lost time) and for the overall efficiency of collection. Also, plastic bags would be "transparent" rather than "non transparent"; to support the waste diversion effort and facilitate the necessary by-law enforcement associated with actually bring about maximum waste diversion. · For Organics The requirement for a "clear transparent biodegradable plastic bag" would be changed to "compostable or specialized bag" - approved by the FRSWC. This would expand the options for compost, including the use of paper-based bags. The plastic (aerated) organics collection cart would remain the key container. Also, a special provision has been added for leaves and grass clippings. Service 3(1) Amend to generalize the language around collection; changing "collected by the City" to "from residential properties", "method of collection to be used by the City when it collects" to "method of collection used for collection of', and "to provide the City vehicles" to "to provide the collection vehicles". 3(3) The provision would be expanded to authorize discontinuance of curb service collection by private contractors if "it compromises the efficiency and effectiveness of the residential collection service" and to "restrict and/or designate collection schedule days for private contractors". 3(4) Most significant and a policy decision of Council would be an amendment to establish that the "service shall be provided on a bi-weekly basis for the collection of both organics and refuse, except as otherwise approved by Common Council". 3(6) A new clause would be added that introduces the prospect of collection limits at some time in the future: "may be established by policy of Common Council". Storage and Containers 4(1) "Weekly" would be changed to "scheduled", and subparagraph (c) deleted. 4(9) Amended to clarify. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. Solid Waste Management Service Report to Common Council, M&C 2007-)28 November 28th, 2007 rage 17 4(10) A new clause would specifically state that "refuse shall not be placed in a plastic (aerated) organics collection cart" as supplied by the FRSWC. Placement for Collection 5(1) A sentence would be added that "Only approved solid waste containers shall be placed for collection". Residential households are essential partners for maximum waste diversion to be achieved and the efficiency of collection to be optimized. 5(7), 5(8) Existing provisions would be no longer relevant and, therefore, deleted. 5(7) Existing 5(9) would be renumbered to 5(7). 5(8) "No person shall place for collection at the curbside of a residential property any solid waste not eligible for collection from that property...". The placement of ineligible refuse at locations around the city represents a significant operational and cost burden for the service. 5(9) A new provision would be included to require the removal from curbside of solid waste not eligible for collection and its transportation to an approved disposal site. 5(10) This new clause would make owners of properties, from which solid waste has been placed in violation of the By-Law, responsible and subject to penalty. 5(11) In order to ensure that all commercial establishments are accountable for the removal and proper disposal of their solid waste, this new provision would require those owners to provide information on their private sector collector. Special Waste Collection Programs 6(1) Special collection programs are expanded to include white goods drop off and support for neighbourhood clean-up initiatives. Collector's Licensing The provisions for collector's licensing have been deleted in their entirety and section 7 not allocated. These are no longer relevant and have been inactive since the opening of the FRSWC facility at Crane Mountain. Placement for Collection 9(1) Fine for a violation of this by-law, upon conviction, would be increased. 9(2) Discretionary fine for a violation would be increased. 9(3) A new provision would enable suspension of service for repeated violations. SU5T AINAE>ILlTY - QuALITY - COMMUNITY DILIGENCE. PROPOSED SOLID WASTE By-LA W DRAFT BY-LAW NUMBER M-123 A BY-LAW FOR THE STORAGE, COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF SAINT JOHN, NEW BRUNSWICK Be it enacted by the Common Council of the City of Saint John as follows: 1, This by-law may be cited as the Solid Waste By-Law of the City of Saint John, Definitions 2, "Alternative Collection Day" means the day designated by the Commissioner for the collection of collectible solid waste instead of on the scheduled collection day, "Approved Collection Site" means a location, within the boundaries of a townhouse development, which has been approved by the Commissioner for the collection of solid waste, "Bulky Items" means large items of a household nature including but not limited to furniture, mattresses, bed springs, boxes, barrels, pieces of fencing, water tanks, barbecues, carpets, and the like that would normally accumulate at a residential dwelling unit. "By-law Enforcement Officer" means the City staff designated by the Common Council for the administration and enforcement of this by-law, "City" means the City of Saint John, New Brunswick, "Collectible Solid Waste" means solid waste that can be stored or handled in solid waste containers or refuse packages, including both organic materials and refuse, but excluding hazardous wastes, bulky items, white goods, recyclable paper and newspapers, cardboard, all refundable containers covered by the Beverage Containers Act, plastic shopping bags, recyclable plastics, ashes and construction and demolition debris, "Commercial Establishment" includes any shop, restaurant, office, industry, institution, business establishment, apartment building with five or more apartment units, rooming house with ten or more roomers, or.. com bination... rooming house/apartment.. bui Iding.. with.. ten.. .or... more sleeping. units. (rooms), November 26/\ 2007 Page 1 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT "Commissioner" means the Chief City Engineer, "Construction and Demolition Debris" is any solid waste generated by the construction, demolition, renovation or repair of buildings and structures on a property, A listing of the types of materials is included as Schedule "B", "Curb Service" means collection of collectible solid waste placed at curbside, "Curbside" means that area between the street or highway and the private residential or commercial lot line, not being more than one (1) metre from the curb or of the travelled road, "Disposal Site" means the area or areas designated by the Commissioner for the disposal of solid waste and licensed to operate by the New Brunswick Department of Environment. "Hazardous Waste" means any waste having potential harm to health or safety, or to the environment, which may include but is not limited to industrial and treatment plant waste, A listing of the common household hazardous waste is included in Schedule "C"; sections 3,5 (c) and 8.5 describe other dangerous goods, "Housing Unit" means a place of dwelling, "Person" includes a corporation, partnership or society and the heirs, executors, adm inistrators or other legal representatives of a person as well as any owner, occupant, tenant, or other person having use, occupation, charge or control of any building, structure or place in, from, or on which any solid waste is generated and who submits solid waste for collection, "Residential Property" means a single parcel of land with one Provincial Property Assessment Number (PAN) used only for residential purposes including single and double housing units, individual townhouse units, apartment and condominium buildings with not more than four apartment or condominium units, rooming houses with not more than nine roomers, and combination rooming house/apartment building with not more than a total of nine (9) sleeping units, "Scheduled Collection Day" means the day designated inthe bi-weekly cycle which the Commissioner has scheduled for the collection of collectible solid waste on a collection route, November 26/\ 2007 Page 2 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT "Shared Accommodation" means one or more rooms forming part of the residence of a landlord and of which the entrance and any furnishings are used in common by the landlord or agent and the occupant or occupants of the room or rooms, "Solid Waste" includes: (i) Organics - which means any putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, plus other biodegradable items as listed in Schedule "A"; and (ii) Refuse - which means any non-putrescible, worthless, discarded remains, whether included under other definitions or not. "Solid Waste Container" means the receptacle used for the storage and handling of solid waste and must conform to the following specifications: F or Refuse: (i) an approved plastic aerated refuse collection cart similar in design but different in colour (black) to the cart used for organics collection, and shall not weigh more than 100 kilograms with contents, (Change effective January 1st, 2010) (ii) a transparent plastic bag of a capacity not less than 80 litres, a gauge of not less than ,04 millimetres and shall not weigh more than 20 kilograms with contents, (Change. effective. July 1st, .2008) For Organics: (i) a compostableorspecializedbag (approved by the Fundy Region Solid Waste Commission) of a capacity not less than 60 litres, a gauge of not less than 1.25 millimetres and shall not weigh more than 15 kilograms with contents, (ii) a plastic (aerated) organics collection cart as supplied by the Fundy Region Solid Waste Commission for the collection of organic materials and shall not weigh more than 100 kilograms with contents, November 26/\ 2007 Page 3 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT (iii) For leaves only, a transparent plastic bag of a capacity not less than 80 litres and not more than 160 litres (approved by the Fundy Region Sol d Waste Commission). "Townhouse Development" means a townhouse development consisting of row housing of individual housing units all with individual entrances at ground floor level, and may include one or more buildings with public or private vehicle access, "White Goods" means any large household appliance, including but not limited to refrigerators, freezers, air conditioners, stoves, washers and dryers, with CFC refrigerants removed as required by applicable law, Service 3,1 (a) Subject to subsection (b), curb service shall be the method of collection for all collectible solid waste from/residential properties, (b) The method of collection used for collection of collectible solid waste within the boundaries of a townhouse development shall be from an approved collection site, It is the responsibility of a townhouse development to provide collection vehicles with reasonable access to its approved collection site or sites, 3,2 Private collectors may require their customers to conform to the requirements of curb service, but before making such a requirement the private collector must obtain the approval of the Commissioner, The Commissioner is authorized to require private collectors to discontinue curb service collection if, in the opinion of the Commissioner, such method of collection is or becomes detrimental to health, safety or the appearance of the City, or it compromises the efficiency and effectiveness of the residential collection service, The Commissioner is also authorized to restrict and/or designate collection schedule days for private collectors, 3.4 (a) The Commissioner shall: (i) Establish collection routes and schedule a collection day for each route; and November 26/\ 2007 Page 4 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT (ii) Periodically review and, if necessary, vary collection routes and scheduled collection days; and (iii) Designate one or more collection routes where service shall be provided on a bi-weekly basis for the collecting of both organics and refuse, except as otherwise approved by Common Council. (b) The Commissioner may cancel a scheduled collection day and designate an alternative collection day for a collection route and the Commissioner may require that the collectible solid waste be placed for collection on the alternative collection day instead of on the scheduled collection day, The Commissioner shall cause a notice of the cancellation and of the designation of an alternative collection day to be published at least once in a newspaper or newspapers having circulation in the community at least three (3) days prior to the scheduled collection day, 3,5 (a) Subject to section 3(4)(iii) and paragraphs (b) and (c) hereof, the Commissioner shall on the scheduled collection day remove all collectible solid waste (organics and refuse) which has been placed at curbside in front of each residential property along a collection route, or which has been placed at an approved collection site, (b) Subject to (a) and (c), the Commissioner shall remove all collectible solid waste, (organics and refuse) which has been placed at curbside in front of each residential property along a collection route, or which has been placed at an approved collection site, on the alternative collection day if the Commissioner has cancelled the scheduled collection day and designated an alternative collection day, (c) Notwithstanding anything to the contrary in the By-Law, the City is not responsible for the collection of tires, batteries, biomedical or infectious waste, dead animals, explosive materials, dangerous goods or materials (being any waste identified under the Transportation of Dangerous Goods Act, RS,N,B, 1973, Chapter T- 11,01), herbicides or pesticides, paint, solvents or dry cleaning fluids, radioactive materials, seafood or animal processing waste, sludge having less than 15% solids content or liquids of any form including, without limiting the generality of the foregoing, waste oil. 3,6 Collection I mits, such as bag or container limits, may be established by policy of Common Council. November 26/\ 2007 Page 5 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT StoraQe And Containers 4,1 (a) Subject to (b), collectible solid waste shall be placed for collection on the sCheduled collection day designated for a collection route; (b) Collectible solid waste shall be placed for collection on the alternative collection day for a collection route if the Commissioner has cancelled its scheduled collection day and designated an alternative collection day, 4,2 Refuse shall be disposed of as promptly as possible or within seven days of notification by the Commissioner, 4,3 The owner or occupant of any property, commercial or residential, shall be responsible to contain designated collectible solid waste so as to prevent the escape of waste materials into the environment. 4.4 The owner or occupant of any property, commercial or residential, is responsible to gather waste material placed for collection in front of the property that has escaped from its container onto public or private property, 4,5 Solid waste stored on any premises within the City, other than when placed at curbside or at an approved collection site for collection, shall be stored in such a manner so as not to be visible from the street or road, 4,6 The owners of residential and commercial establishments or their agents shall provide adequate storage areas for solid waste as approved by the Commissioner and the Fire Chief. 4,7 No solid waste containers and no refuse packages shall be stored in any manner, which blocks the entrance or exit of any housing unit. 4,8 All collectible solid waste shall be stored in solid waste containers or refuse packages, 4,9 The occupant of every residential property; the landlord, or his agent, of every shared accommodation; and the proprietor, or his agent, of every commercial establishment shall provide sufficient solid waste containers for the storage of solid waste untilcollectionday, 4,10 Refuse shall not be placed in a plastic (aerated) organics cart as supplied by the Fundy Region Solid Waste Commission, November 26/\ 2007 Page 6 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT Placement for Collection The occupant of each eligible residential property shall place or cause to be placed at curbside or an approved collection site, at the appropriate time for collection, all the eligible collectible solid waste (refuse and organics) which has accumulated on that property, Only approved. solid. waste containers . shall. be placed for collection , 5,2 Collectible solid waste shall not be placed at curbside or an approved collection site earlier than 10 p,m, before the scheduled collection day, or6:00p,m,beforenightcollection and empty containers must be removed from curbside or an approved collection site within one hour after the Commissioner's normal shift ends, on the scheduled collection day, 5,3 Persons placing, or causing to be placed, collectible solid waste at curbside or an approved collection site shall be responsible for that collectible solid waste until it has been collected by the Commissioner, 5.4 All materials placed for curbside collection must be placed in front of the residential property from which they have accumulated, 5,5 Collectible solid waste, placed at curbside, shall not block or restrict pedestrian access along the sidewalk and shall not block or restrict any driveway access, 5,6 Organics collection carts must be placed at the curb in an upright position with the lid closed and the front of the cart facing the street, road or highway, At approved collection sites, organics carts must be arranged in a manner suitable for collection as specified by the Commissioner or his designate, 5] No person shall place for collection any solid waste brought into the City of Saint John from outside its boundaries, 5,8 No person shall place for collection at the curbside of a residential property any solid waste not eligible for collection from that property, including any solid waste that has accumulated at a commercial establishment or any solid waste from a different residential property. 5,9 Any solid waste deemed not eligible for collection by the Commissioner or his representative shall be removed from the curbside or an approved collection site by the person within one hour after the end of the Commissioner's normal shift on the scheduled collection day and be transported to an approved disposal site within three days, November 26/\ 2007 Page 7 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT 5,10 The registered owner, or their agents, principles or officers, of a property or vehicle from which solid waste has been placed or discharged in violation of the provisions of this by-law shall be deemed responsible for the violation and subject to the penalties prescribed in section 9, 5,11 Owners of commercial establishments shall provide information on their solid waste collector, including company or individual name, address, telephone number and collection schedule when requested by the Commissioner or his representative, within five (5) business days of such request. Failure to comply with such request shall be a violation of this By-law subject to the penalties prescribed in Section 9, Special Waste Collection Programs 6,1 The collection of waste, other than organics or refuse, may be provided under such programs designed and funded specifically for that purpose, Such programs may be provided at times and under conditions as determined by the Commissioner and subject to funding and may include but are not limited to: . A bulky item program which could include a curbside collection program for the disposal or recycling of bulky items; . A Christmas Tree Mulch program which shall consist of designated special disposal/mulching sites; . A White Goods Drop Off Program which shall consist of designated days and sites; and . Support for Neighbourhood Clean-Up initiatives, 6,2 Notice of any Special Waste Collection Program shall be published in a newspaper or newspapers having circulation within the community, 6,3 Conditions for the provision of any Special Waste Collection Program shall be set by the Commissioner, Not Allocated 7, "Collector's Licensing" - deleted November 26/\ 2007 Page 8 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT Disposal 8,1 (a) Subject to paragraph (1 )(b) no person shall dispose of or cause to be disposed of any solid waste on any private or public lands within the City other than at disposal sites approved by the New Brunswick Department of the Environment. (b) Notwithstanding the provisions of paragraph (1 )(a) persons may compost suitable organic material on private properties, 8,2 Any person depositing solid waste in an approved public disposal site shall do so in compliance with the instruction of the Commissioner, 8,3 Any vehicle transporting solid waste to a disposal site shall be equipped with a tarpaulin or other cover which is capable of preventing the escape or spillage of any collected solid waste and such cover shall comply with the provisions of the New Brunswick Motor Vehicle Act and with the provisions of the Traffic By-law of the City of Saint John, 8.4 No person shall dispose of or cause to be disposed of on any private or public land or disposal site within the City of Saint John any hazardous waste without first obtaining the approval of the New Brunswick Department of the Environment. 8,5 No person shall dispose of or cause to be disposed of tires, batteries, biomedical or infectious waste, sharps or syringes, chemical or petrochemical waste, dead animals, explosive materials, dangerous goods or materials (being any waste identified under the Transportation of Dangerous Goods Act RS,N,B, 1973, Chapter T- 11,01), herbicides or pesticides, paint, solvents or dry cleaning fluids, radioactive materials, seafood or animal processing waste, sludge having less than 15% solid content, liquids of any form including, but without restricting the generality of the foregoing, waste oil, at either a disposal site or a solid waste transfer facility which is owned by the City or which is operated by or on behalf of the City, Penalties 9.1 Any person who violates this by-law is guilty of an offence and is liable upon conviction to a fine of not less than $250 and not more than $1,000, 9,2 A person who has committed a violation of this by-law may, at the discretion of the By-law Enforcement Officer, pay to the City a fine of $250 and upon such payment he is not liable to be prosecuted for the violation, November 26/\ 2007 Page 9 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT 9,3 The Commissioner may suspend collection service for any property owner for repeated violations of the By-law and require such property owner to arrange for private collection from their property at their cost. Repeal 10, A By-Law of the City of Saint John entitled "A By-Law To Provide For The Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New Brunswick" enacted on the 9th day of October, AD" 1979, and any amendments thereto, is repealed, 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 , AD" 200X and signed by: Mayor, the member of Common Council who presided at the meeting at which it was enacted; and Common Clerk First Reading - Second Reading - Third Reading - November 26/\ 2007 Page 10 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT SCHEDULE "A" ORGANICS ELIGIBLE FOR COLLECTION ..Food...vvi:l:liu:.. ..Vard...vvi:l:liu:.. Other Vegetable peelings Grass, leaves and twigs Sawdust and wood shavings Fruit peelings House and garden plant Damp or soiled paper and waste cardboard Eggshells Paper napkins/tissues Cooked or raw food Pizza boxes Table scraps (including Sugar, flour, potato paper bread, rice and pasta) bags Meat, chicken and fish Paper plates and cups (no (including bones and shells) Styrofoam) Coffee grounds and filters Meat and poultry paper wrap Tea leaves and bags Dairy products Cooking oil, fat, grease Pet Waste .contained. in compostable bag ANNEXE A MA TIERES ORGANIQUES ADMISSIBLES POUR LA COLLECTE de dejardil1 Pelures de legumes Gazon, feuilles et brindilles Scuires et copeaux de bois Pelures de fruits Dechets de plantes Papier et carton humide ou d'appartement et de jardin sali Coquilles d'oeuf Serviettes en papier et papiers-mouchoirs Aliments cuits ou crou Boltes de pizza Restes de table (y compris Sacs en papier de sucre, du pain, du riz et des de farine, de pommes de pates) terres Viande, poulet et poisson Assiettes et tasses en (y compris les os et les papier (aucun polystyrene plateaux) expanse) Marc de cafe et filters Emballage en papier de viande et de volaille Feuilles et sacs de the Produits laitiers Huile de caisson, gras, graisse Excrelnents .d'anirnaux contenu.dans un sac compostable November 26/\ 2007 Page 11 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT SCHEDULE"B" CONSTRUCTION AND DEMOLITION Only accepted directly at the FRSWat landfill fees for Construction and Demolition (C&D) Debris, (a) Accepted: concrete and brick (b) Accepted: grubbing material and brush (c) Accepted: clean soil and rock (d) Accepted: untreated wood, Not accepted: pressure treated or creosote (e) Accepted: siding, ceiling tile, gyproc, and insulation, Not accepted: drywall compound boxes or pails, and insulation bags (f) Accepted: solid roofing materials only, Not accepted: cans, drums or other packages of roofing adhesives, tar, waterproofing compounds, or roofing product packaging - empty or otherwise, (g) Accepted: glass, metals, and durable plastics from the demolition of a building, Vapour barrier is acceptable, Not accepted: light ballasts, fluorescent light tubes, high intensity discharge lights, and mercury thermostats (h) Accepted: carpets and floor coverings that have been removed from a building as part of construction, demolition, or renovation provided that it is not rolled, Not accepted: rolled carpet or flooring, i.e. cushion flooring / linoleum (i) Accepted: broken and aged asphalt only. Not accepted: cans, drums, or other packages (empty or otherwise) of sealers, adhesives, tar, asphalt products, or waterproofing compounds 0) C & D material may be transported to the disposal site in cardboard boxes and plastic bags, The boxes and baqs must be emptied at the site and taken back for reuse, or recvclinq, Clean cardboard can be placed in the 35-yard recycling bin located at the C & D site. . Any form of packaging is not accepted at the C & D site and should be recycled, if possible, or disposed of in an appropriate manner. Packaging includes but is not limited to, items such as cardboard, boxboard, plastic bags, plastic wrap plastic/metal pails and drums, or any product containers, . Burned material from the demolition of a building is not accepted as C & D waste unless first approved by the Department of the Environment and Local Government, and secondly, approved by the landfill Site Supervisor. November 26/\ 2007 Page 12 of 13 PROPOSED SOLID WASTE BY-LAW DRAFT SCH EDU LE " C" HAZARDOUS WASTE Conun on Products I nclude Aerosol ca ns (with Ethanol Mercu ry (thermometers) conte nts) Adhes ives Fe rtilize rs Moto r 0 ils and filters Antifreeze cOOlants F lea powder N a il pol ish/relTlover Batteries (househ 0 Id/ca r) F 100 r po lis h Ove n clea ner Bleach F lu 0 res cent Iightbu I bs Pa i nt and th inn e rs Buta ne cartridge Gasoline Pesticides Ca r care prod u cts G I u e Pool chelTl icals C he mica Is Herbicid es P ropan e cyl i nd e rs C Ie a n i ng.products I nsecticides P ropan e ta n ks D iesel fuel Kerosen e Stains and va rnishes D riveway sealant Lig hte rs (with co nte nts) N ot Acce pted Explos ives Radioactive waste PCBs Bio-haza rdous waste Only household quantities accepted. No commercial, institutional or contractors Waste. November 26/\ 2007 Page 13 of 13 Description: Value: Output: Service Budget: Accountability: Sponsor: Programs: SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SOLID WASTE MANAGEMENT SERVICE The Solid Waste Management Service provides residential households with effective and efficient collection and disposal of refuse and compost wastes; it works with the public to achieve optimal waste diversion and to reduce environmental degradation; it attends to the particular needs of neighbourhoods; and it administers community solid waste standards as set out in the Solid Waste By-Law. The service adheres to the guidelines of the Fundy Region Solid Waste Commission. Solid waste management is vital to urban quality of life - public health, cleanliness and aesthetic appeal. Proper storage, collection and disposal of solid waste help reduce incidents of sickness and vermin infestation. An effective solid waste strategy minimizes refuse generation, optimizes resource use by the community, and extends the service life of landfill infrastructure, thereby controlling costs and contributing to environmental sustainability. Solid Waste Managed $3,756,608 Municipal Operations and Engineering Commissioner, Municipal Operations and Engineering 1. Residential Refuse 2. Residential Compost 3. Blue Bin Recycling and Composting Promotion 4. Litter Control 5. Special Activities: Bulky Items Pick-Up, White Goods Drop Off, Municipal Facilities, Christmas Tree Mulch, Neighbourhood Clean-Up Initiatives 6. Service Coordination and Consultation 7. Solid Waste By-Law Administration and Public Education November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 1 of8 . SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SERVICE PROGRAM: RESIDENTIAL REFUSE Pro2ram Goal To achieve effective and efficient collection and environmentally responsible disposal of residential refuse in accordance with the Solid Waste By-Law and guidelines of the Fundy Region Solid Waste Commission. Client Base · Total Residential Households: 21,749 (as of2007-10-10) · Households Serviced Bi-Weekly: 17,891 · Households Serviced Weekly: 3,858 (vulnerable neighbourhoods) Pro2ram Content · Provide curbside collection of residential refuse and disposal of that refuse. · Establish the collection schedule by two-week cycle day and route (Appendix "A"). · Service residential households bi-weekly, except as indicated below. · Service "vulnerable neighbourhoods" on a weekly basis. · Make route and schedule adjustments from time to time so as to ensure that resource and time allocations reflect residential growth and other changes. · Note: Refuse collected over past 3 years (by City forces only) has averaged approximately 12,800 tonnes annually. Bud2eted Annual Cost of Pro2ram · $2,064,783 Performance/Cost Measures · Refuse tonnage collected by route, by day and by collection cycle · Refuse tipping fees by route, by day and by collection cycle · Refuse collection costs by route, by day and by collection cycle · Route and daily completion times · Average cost per household serviced by route, by day, by collection cycle, by year November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 2 of8 . SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SERVICE PROGRAM: RESIDENTIAL COMPOST Pro2ram Goal To achieve effective and efficient collection and environmentally responsible disposal of residential compost in accordance with the Solid Waste By-Law and guidelines of the Fundy Region Solid Waste Commission. Client Base · Residential Households Serviced Bi-Weekly: 21,749 (as of2007-10-10) · Households Serviced Bi-Weekly: 17,891 · Households Serviced Weekly: 3,858 (vulnerable neighbourhoods) Pro2ram Content · Provide curbside servicing of residential compost carts and disposal of that compost. · Establish the collection schedule by two-week cycle day and route. · Service residential households bi-weekly, except as indicated below. · Service "vulnerable neighbourhoods" on a weekly basis. · Support community compost initiatives. · Make route and schedule adjustments from time to time so as to ensure that resource and time allocations reflect residential growth and other changes. · Note: Compost collected over past 3 years (by City forces only) has averaged approximately 3,500 tonnes annually. Bud2eted Annual Cost of Pro2ram · $966,522 Performance/Cost Measures · Compost tonnage collected by route, by day and by collection cycle · Compost tipping fees by route, by day and by collection cycle · Compost collection costs by route, by day and by collection cycle · Route and daily completion times · Average cost per household serviced by route, by day, by collection cycle, by year November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 3 of8 . SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SERVICE PROGRAM: BLUE BIN RECYCLING & COMPOSTING PROMOTION Pro2ram Goal To strongly encourage all citizens to participate actively in the "Blue Bin Recycling" of paper, cardboard, metals, and plastics, and to optimize residential composting activity. Client Base · Citizens: 68,000 · Residential Households: 21,749 (as of2007-10-10) · Fundy Region Solid Waste Commission (FRSWC) Pro2ram Content · Promote use ofFRSWC Blue Bin Recycling depots located in Saint John. · Encourage citizens to drop off paper, cardboard, metals, and plastics at those depots. · Work with the FRSWC to maintain depot placements and to consider relocations in order to achieve optimal recycling. · Promote private composting, where feasible, and the optimal use of compost carts. · Note: Blue Bin Recycling for the past 3 years has averaged approximately 2,550 tonnes (estimated) annually. Bud2eted Annual Cost of Pro2ram · $20,528 Performance/Cost Measures · Tonnage recycled by Blue Bin depots, by month and by year · Equivalent tipping fees saved by Blue Bin depots, by month and by year · Level of residential composting activity November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 4 of8 . SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SERVICE PROGRAM: LITTER CONTROL Pro2ram Goal To effectively control street litter and to efficiently service municipal litter containers placed at strategic locations around the city. Client Base · Municipal Streets (in kilometres): · Uptown Streets (in kilometres): · Uptown Property and Business Owners: · "Vulnerable Neighbourhoods" Streets (in kilometres): · Litter containers serviced: 167 Pro2ram Content · Promote individual responsibility for litter-free streets and neighbourhoods. · Organize, map and schedule area service, with container locations. · Service Uptown streets (cleaned of litter) on weekly basis · Service Uptown litter containers twice daily. · Service municipal streets (cleaned of litter) on a monthly basis · Service other litter containers are serviced on a daily basis · Undertake quarterly litter control initiatives with "vulnerable neighbourhoods". · Make route and schedule adjustments from time to time so as to ensure that resource and time allocations reflect residential growth and other changes. Bud2eted Annual Cost of Pro2ram · $141,549 Performance/Cost Measures · Litter containers serviced. · Tonnage (litter) collected by day, by week and by month · Litter tipping fees by day, by week, by month · Litter servicing costs by day, by week and by month · Annual "litter awareness" survey November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 5 of 8 . SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SERVICE PROGRAM: SPECIAL ACTIVITIES Pro2ram Goal To provide for effective collection and environmentally responsible disposal of refuse collected through special service activities, including Bulky Items Pick-Up, White Goods Drop Off, Municipal Facilities, Christmas Tree Mulch, and Neighbourhood Clean-Up Initiatives. Client Base · Citizens: 68,000 · Residential Households: 21,749 (as of2007-10-10) · Municipal Facilities Serviced: 16 · Neighbourhoods: all Pro2ram Content · Provide Bulky Items Pick-Up (items too large for regular collection) on a call for service and schedule basis - up to twice annually for each residential household. · Service identified municipal facilities. · Schedule White Goods Drop-Offs for two days in May and October of each year. · Support neighbourhood clean-up initiatives, upon request and scheduling of staff and equipment resources. · Schedule the Christmas Tree Mulch for a two-week period in January of each year. Bud2eted Annual Cost of Pro2ram · $154,517 Performance/Cost Measures · Tonnage collected by program activity · Tipping fees by program activity · Servicing costs by program activity · Registrations for special activities · Number of White Goods units diverted November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 60f8 . SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SERVICE PROGRAM: SERVICE COORDINATION AND CONSULTATION Pro2ram Goal To maintain an up-to-date inventory of eligible residential service customers, to coordinate timely service to those customers in accordance with the published schedule, to consult with citizens on matters of solid waste management, and to receive, record and follow-up on service requests from those customers. Client Base · Citizens: 68,000 · Residential Households: 21,749 (as of2007-10-10) · New Residential Households: estimated at approximately 120 per year · Municipal Facilities Serviced: 16 Pro2ram Content · Maintain an up-to-date inventory of eligible residential households. · Incorporate new residential households into the service schedule. · Inform clients on schedules and routes. · Receive, log and act on inquiries and service requests. · Prepare and report on a full range of service performance and cost measures. · Maintain an ongoing dialogue with the community and neighbourhoods. Bud2eted Annual Cost of Pro2ram · $158,279 Performance/Cost Measures · Content and frequency of performance/cost reporting · Households serviced · Inquiries and service requests processed · Opportunities for dialogue with citizens November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 70f8 . SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SERVICE PROGRAM: SOLID WASTE BY-LAW ADMINISTRATION & PUBLIC EDUCATION Pro2ram Goal To administer the By-Law in accordance with its intent and purpose, to proactively apply its provisions, to promote waste reduction, reuse of resources and material recycling, and to take particular aim at preventing and prosecuting illegal dumping. Client Base · Citizens: 68,000 · Residential Households: 21,749 (as of2007-10-10) · Commercial Establishments: approximately 3,835 · Land Area of the Municipality: approximately 333 square kilometres · Fundy Region Solid Waste Commission (FRSWC) Pro2ram Content · Advise on and maintain the By-Law to reflect the needs of the community. · Provide ongoing public education and a sustainability-based school program. · Inform the public through a variety of means, including "Packer Posters" and contributions to the FRSWC calendar. · Monitor solid waste placement and storage measures; identify areas of concern and follow-up appropriately with those responsible. · Advise property owners on eligibility/non-eligibility for municipal collection. · Investigate incidents of illegal dumping and gather evidence to prosecute violators. Bud2eted Annual Cost of Pro2ram · $250,430 Performance/Cost Measures · Public education initiatives undertaken / student participation levels · By-Law violations identified and acted on · Cases of illegal dumping reported, investigated and prosecuted · Cost of illegal dumping - investigation, prosecution and clean-up November 26/\ 2007 SUSTAINABILITY, QUALITY AND COMMUNITY DILIGENCE Page 80f8 Appendix "A" to S P fI S rd W t M tS Two-Week Refuse Collection Cycle Eff f J I 1 2008 ervlce ro 1 e- 01 as e ana emen ervlce ec Ive u 1 Loch Lomond (Airport) East 417 415 17.0% Contract Unit 2 Golden Grove East 456 457 18.7% Contract Unit 3 Glen Falls East 501 539 22.0% City Unit 01 Mon-1 4 Forest Hills Parkhill East 454 512 20.9% City Unit 5 Forest Hills Mountain East 501 525 21.4% City Unit Day 01 (First Monday) 2329 2448 18.9% I 9.6% ~ity ..:. It::; '-'v'''',,",,< ~ity ~~.. ,~, vv""y I..,UflUa(;l Si ~ity Day 02 (First I 03 Wed-1 4 Waterloo Village* South 266 494 18.2% City Unit 5 King West* West 293 445 16.4% City Unit 6 Queen West* West 308 398 14.7% City Unit Day 03 (First Wednesday) 1725 2713 r:::::r 21.0% I 10.6% ~ity Inllrll"'" .~. ~. ,-,v, "'0"< ~ ,. ~ I..,UIIUa(;l Day 04 (First~' , 2053 2640 20.4% I 10.3% 1 Sand Cove West 445 447 15.9% City Unit 2 Sherbrooke West 405 449 16.0% City Unit 3 Fundy Heights West 497 517 18.4% City Unit 05 Fri-1 4 Fairville West 409 497 17.7% City Unit 5 Green Head West 413 452 16.1% Contract Unit 6 Greendale West 441 449 16.0% Contract Unit Day 05 (First Friday) 2610 2811 21.7% I 11.0% I Week-1 I First Week of Two-Week Cycle I 10991 I 12936 I I I 50.5% I November 26, 2007 1 of 2 Appendix "A" to S P fI S rd W t M tS Two-Week Refuse Collection Cycle Eff f J I 1 2008 ervlce ro 1 e- 01 as e ana emen ervlce ec Ive u 1 Torryburn Sandy Point East-North 353 358 15.1% Contract Unit 2 Millidgeville North 532 540 22.8% City Unit 3 Cedar Point North 457 457 19.3% City Unit 06 Mon-2 4 University North 485 513 21.6% Contract Unit 5 Pokiok Tartan North 417 504 21.2% City Unit Day 06 (Second Monday) 2244 2372 18.7% 9.3% 1 Red Head East 483 487 18.1% Contract Unit 2 Sayside East 475 502 18.7% Contract Unit 3 Champlain Heights East 501 507 18.9% City Unit 07 Tue-2 4 Old East East 525 582 21.7% City Unit 5 Westmorland East 533 608 22.6% City Unit Day 07 (Second Tuesday) 2517 2686 21.2% 10.5% 08 Wed-2 4 Waterloo Village* South 266 494 18.2% City Unit 5 King West* West 293 445 16.4% City Unit 6 Queen West* West 308 398 14.7% City Unit Day 08 (Second Wednesday) 1725 2713 21.4% 10.6% 1 North 475 569 22.3% City Unit 2 North 372 576 22.5% City Unit 3 Cranston North 400 496 19.4% City Unit 09 Thu-2 4 Seaverbrook North 372 396 15.5% Contract Unit 5 Rockwood North 419 518 20.3% Contract Unit Day 09 (Second Thursday) 2038 2555 20.2% 10.0% 1 Lorneville West 451 453 19.3% City Unit 2 Westgate West 495 513 21.9% City Unit 3 Quinton West 523 535 22.8% City Unit 10 Fri-2 4 Acamac West 407 404 17.2% Contract Unit 5 Morna West 444 440 18.8% Contract Unit Day 10 (Second Friday) 2320 2345 18.5% 9.2% Week-2 Second Week of Two-Week Cycle 10844 12671 49.5% Cycle Two-Week Cycle 21835 25607 November 26, 2007 20f2 M & C - 2007-374 November 30,2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Engagement Process Police/Justice Facility At its meeting of November 19, 2007 Council requested that a public consultation process be prepared for the developments associated with the new Police Headquarters. This report proposes an approach that addresses the specifics of the project within a broader policy base which is used in other municipal jurisdictions. The City has also adopted a number of Sustainability Principles, one of which states: "Engage the entire community of Saint John in the planning and implementation of sustainable solutions. . The journey towards sustainability requires strong support from within the community. It is critical to have the active participation of the community in all stages of the process, from long-term planning to implementation of solutions. . People have a right to be involved in the decisions that affect them. Attention needs to be given to empowering those whose voices are not always heard. Everyone in the community should have the capacity to participate in their local government processes." BACKGROUND: The decisions to locate the Police Headquarters in this area utilized public consultation at various points. The opportunity now before the City is to create a development centered on the construction of a new Police Headquarters and Justice Facility which is a source of pride for the citizens of Saint John. To achieve the best results possible the public will need to be fully engaged. Report to Common Council November 30,2007 Page 2 Prior to outlining specific actions to be taken it is useful to review some guiding principles which are used in other jurisdictions. These include: Accountability: Inclusiveness: Transparency: Commitment: Responsiveness: The City will evaluate all input received and seek input throughout the decision making process. The City will make efforts to reach, involve and hear from those who are both directly and indirectly affected. The City will provide clear, timely and complete information on the proposal and the process of public engagement. The City will provide the resources and time for effective engagement. The City will inform stakeholders of the issues and respectfully seek the views of others so that issues/problems can be resolved. All of these guiding principles could be elaborated on and refined as required. Some jurisdictions such as Calgary have even formally adopted both principles and strategies in a formal Council policy. A Spectrum of Engagement Strategies: From the principles a variety of strategies can be chosen to fit the specific needs of the project or proposal. As will be seen this can be viewed as a stepped approach with a greater degree of engagement occurring with each step. However, each step is important. Inform: Listen: Consult: Provide information that will assist understanding of issues, problems, alternatives and/or solutions. Provide opportunities to hear the concerns, plans, views and expectations of the public. Feedback is obtained in a variety of forms throughout the process. Collaborate: Work with the public on specific aspects to develop alternative solutions. Empower: Where legislation permits and the nature of the project warrants, the community can be delegated the authority to decide. Report to Common Council November 30,2007 Page 3 In legislative mandate decision making processes, such as rezoning, the process only tends to provide the informing and listening strategies. Meaningful consultation can occur if there are follow-up meetings required. Only in specific cases has collaboration occurred so that an acceptable alternative solution is proposed. Most of our more significant planning studies (Uptown Strategy, Waterfront Plan) provide for collaboration by holding workshops or "charettes" so that participants can roll up their sleeves and explore alternative approaches and test ideas. It should be noted that in both these cases significant efforts were made to inform so that all were working with a similar understanding of the issues. Recommended Engagement Process: The following process is proposed to meet the needs of the community and Council with respect to this important project. The attached chart is also included to illustrate the various steps and to provide a time line. Given the approaching Christmas season the bulk of the discussions will occur in January and February. A Project Website will be developed. This will continue to be useful as the project develops and is being constructed so that the public is informed. An opportunity can also be provided so that individuals can respond via e-mail (Listen). A Newsletter will provide a hardcopy version to those who do not have access to computers. Mail in comments will also be sought (Inclusive). An Open House will be scheduled so that initial schemes and options can be presented (Inform). It will also provide opportunities for citizens to provide feedback through exit surveys and questionnaires (Consult). This will also provide an opportunity to outline the public engagement process (Transparency). Stakeholder Meetings will be arranged with specific groups that are directly and indirectly affected. These discussions can focus on issues that are important to them (Inclusive and Commitment). Workshops or Charettes will be organized based on the feedback received in the initial sessions. (Responsiveness) This type of session may well also be employed in the latter stages of the project as more details become clear for other aspects of the project. (Collaboration) In addition staff will give a verbal update of current activities during Council meetings so that the public can receive timely information. Staff is prepared to provide the first update at this evening's meeting. Report to Common Council November 30,2007 Page 4 CONCLUSION: Elements of a public consultation process resulted in the City considering the development of the Police Headquarters in the Union Street area. There is a continuing need to further engage the public as this project begins to take shape. The program outlined in this report will be a continuing process and may evolve as input is received, but if begun earlier in the new year, Council should be in a position to make the required decisions with the support of the citizens of Saint John. RECOMMENDATION: That this public engagement process outlined in this report be adopted for the developments adjacent to the proposed Police Headquarters building. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB/mmf "Inform" stage November 23, 2007 Community briefing re: Union Street Development and Police facility December 3, 2007 Council approves consultation plan December 3 - December 31,2007 City representatives meet with key stakeholders (neighbours, local businesses, others who may be directly affected by the potential development). E-mail to stakeholders giving option of "opting in/out" to e-mail updates and invitations to open house and interactive sessions. January 2 - January 31, 2008 Open Houses held - brief presentations followed by open session allowing citizens to ask questions directly of city staff. 2-4 sessions depending on community interest. "Consult" stage Exit survey prepared Citizens given option to join e-mail list During this time information about the project will also be uploaded to a dedicated web site. February 1 - February 28, 2008 Consultation begins Survey uploaded to City web site, phone line open, and e-mail survey option enabled. Qualitative Research designed to inspire conversation beings: · Focus groups · Discussion groups · Round tables One-an-one meetings continue March 1 - March 31, 2008 "Collaboration" stage March 31, 2008 - end of project Inputs gathered. Survey results communicated to public via public information sessions/e-mail distribution and web site. Public workshops being - "Charettes" Information gathered is communicated to public. Web site continually updated with progress reports Community engaged at key decision points through open houses or charettes. Community invited to launch of successful project. M & C - 2007-376 November 30,2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition PID 37341 - 117 Union Street As Council is aware, The City of Saint John is attempting to secure a variety of land and buildings in and around the proposed Police/Justice Complex. Staff, with the approval of Council, has engaged the support of an outside firm to aid in the acquisition of several of the desired parcels. The attached Offer to Purchase, executed by the vendor, provides the City the opportunity to secure the fee simple interest in 117 Union Street. The agreed upon prices of$185,000.00 is slightly more than the appraised value, however the appraisal work was based on a curb-side visit and data analysis, no internal viewing of the premises. Time sensitivity and the desire to secure the valuation quietly did not permit an exhaustive investigation of the improvements. Having said this, staff are confident that the purchase price is less than the costs that would be incurred should the City pursue the only other method of acquisition available i.e. expropriation. The purpose of this report is to secure Council's approval to purchase the land and improvements located at 117 Union Street, PID 37341. RECOMMENDATION: That The City of Saint John acquire the fee simple interest in PID No. 37341 from Joseph Jeffries under the terms and conditions contained in the Agreement of Purchase & Sale attached to M& C 2007 - 376. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrance L. Totten, F.C.A. City Manager Planning and Development Real Estate Services 25 ... ""C CD CD - I en 29 ...... . L o I :I: I ~ l.___ __~____ ____ _i___n _ j ~ rue Chipman 51. ~ . 12 f-------,---u--.......---,. I i 0; i I I 10 -~ I 91 I I I -.--...-.... _.... _.,_. ,._. u_-I I I I I 1 I : I _~_ 97___~_ 101.J I I 19 r'-'----"'.--"-"-- . ! 1 I L.___. u. __ .__.~_.. I I I 111 103 105 10' 109 11~ .--~----_.(_.._-.,._--_..~---_._y.- 85 ,.~5._ rue Union 51. ..., ___u. .__u______ . . -'1" .--.-------. "--.-'" ---------.----~----) 98-~--u j. 104 1 120 i : , , I I OJ ~ cc 27 ~ - - -. <3 ~ cc ..... o ~ :0 o ~ 30 24 18 16 12 o I 16 6 L_ rue l -- -- -- 1 < 8 Description of Plan: Sketch indicates the location of 117 Union Street. PID:37341 Address: 117 Union St. pan:N/A Date: November 28, 2007 11/26/2007 04:49 5066340456 ;1~ v, L;. LFV I I I ; j7M~ SHERWOOD FLANIGAN PAGE 02/04 No.203t: f, '1 OFfER TO PU~CHASE .. TIllS OFFER TO PVP,CFASE made this 23rd'day of November, 2007. BETWEEN: . l~v'ESTMENT SECURITIES LIMITED. sdelv hi its capacity as nominee fot The City of Saint John (he;einafter called the "Pureh1Uer") Of the First Part - and- JOSEPH DONALD JEfFRIES, of the City of Saint John~ in the County of Saint lohn, in the Province of New Brunswick (hereinafter called the '~VeDdor") Of the Second Part WHEREAS the Vendo;:, owns certain Lands and Premises located in the Ci~ of Saint JO~..I", in the County of Saint John, in the Province of New BtunSwic~ identified by Service Kew Bron~wick as PID Number 37341 and lo~ated at 117 Union Street (the "Property"); WITNESSETH: 1. Subject to the terms amd conditions hereof, the Purchaser hereby offers to pu:cche.sc the Property, including all8ppU.'1:enances, from the VendorJor a pmchase price of One HUJjdrcd and Eighty Five ThoU$and Dollars ($185,000.00) (the "Purchase Price") payable as fonows: (a) the sum of One Thousand Dollars ($1,000.00), payable upon receipt of the approval set out in paragraph 7 below, by way of a cheque 8$ a non--refundable deposit (the "Deposit") to be held by the Vendorts solic:itars, in trust, pursuant to the tenns and I;ooditions hereof and to be applied on account of the PW'ohase Price at the Tim:: of closing; and (b) the sum of One Hundred Eighty Font Thousand Dollllt$ (S 184,OOO.OO)t ~i.nl the balance of the Putchase Price, by way of certified cheque on the Closing Date (as hereinafter defined) subject to the adjustments referred to in paragraph S hereof. If this agreement is texminated as a result of a default by the Purchaser, the deposit, together with all intefest thereon, shall be paid to the VendoJ' as liqliidated damages and not as a penalty and shall be a full and flMl ~lisfaction of any claim which the Vendor may have against the Purchaser bemmder. 2. (a) This offer shall be open for ac~eptance by the Vendor until 4:00 o'clock in the afternoon (Saint John time) on November 26.2007 and upon acceptance by the Vendor shall eonstitute a binding agreement of purthase and sale for the purchase and sale of "the Property, subjeet to the termJ and condit.ions h=-ein contained. 592114.1 11/26/2007 04:49 5066340456 :V~Y. L~, !i":~ I .:; j,,I\1I'I SHERWOOD FLANIGAN PAGE 03/04 No. 2~~l P 3 .2- (b) Acceptance of this offer shall be effected by the delivery to the Purcbaserls solicitor at the address specified in parail'&ph 14 hereof within the time s~ified above of a duplicate copy of this oft'ef executed by the Vendor. 3. If the sale is subject to Hannonized Sales Tax (HST), such tax shall be in addition to the ?urdl3$e Price. If this trar.sE.Ction is not subject to HST, the Vendor qrees to pro\'ije or. or before closing, II. certificate tl'-.!.t the "JaIlsaction is not subject to HST. . 4. The closing of the tr~:i.3action of the purchase aud sale of the Property shall be held at the offices of the Vendor'; solic:.!or at the hour of 2:00 p.m- (Saint John time) on January 31, 2008 (the ""Oosmg Date"') or at sl;ch earlier time Or date and time as the pillties hereio or their respective solicitors shall mu~ly agree upon in "V\'liting. 5. The Purchase Price felt the Property shall be paid at closing on the CIOfing Date, sub~ect to iisl.Ull adjustmenu, inclurlir.g but. not Jimitad to real property taxes and local imp;:ovement charges and $ball be adjusted as of lite Closing Date. The Deposit shall be otedited to the Purchase Price. 6. The Vendor shall be allowed Thirty (30) days from the date of this agreement to investigate, at its own expense~ the title of the Property and upon the expiration of that date, ur.;ess notice is received as herein provided. it shall be deemed to have accepted the title. It; prior to the expiration of Thirty (30) days, the Purchaser shall furnish the Vendor with any vvritten objection to the title which the Vendor may be unable or unwilling to remove within fifteen (1 S) days from receipt thereof, the Purchaser may, notwithstanding any intermediate negotiations with respect iliereto or attempt to remove any obje()tion or comply with any reguhUion, cancel this agreem~nt by ootice to the V codor and the. Vendor shall not be liable for an}' loss or expense to which the P'w'chaser may have been put. 7. NotWithsWlding anything contained. herein~ the obligation of the Purchaser to complete the pur<ilwie of the Property is conditional upon ~eivin& the approval of Common Council for The City of Saint 10hn on or before De<:ember 18, 2007. If such approval is not received, this offer and agreement shall become null and void and the parties hereto waive, release and forever discharge each other with respect to any and all rights, claims and obligations arising with respect to or under this offer lUld ail'CCMent. 8. The Vendor shall forthwith deliver to the Pur~haser, as may be in the possession of the Vendor or under the control of the Vendor, all survey plans, subdivision plans and title searches regarding the Property. 9. 'Ihe title of the Property shall be good and free ftom all encumbrances except as to any registered restrictive covenants and municipal by~laws or other governmental enactments, providing they are complied with and which do not materially affect the UW'ketability of the Property. 10. The Vendor will discharge any outstanding mortgages, judgments Qf liens that are registered against the Property as at the closing on the Closing Date_ 11. The Property shall remain at the risk of the Vendor until closing on the Closing Date. 11/26/213137 134:49 50663413456 V:V. 2~, 2\;0/ 11:3,AId SHERWOOD FLANIGAN PAGE 134/04 No. 2054 r. t - 3 - 12. The Vendor shall termina.te ~11ea.se$ of the Property and vacant possession shall be given t\) the Purchaser at closing on t...1e Closing Date. II The rights and benefirs of the Purchaser herein and hereunder are assignable to The City of Samt John or its nominee. Upon such assignment, tbi!l oft'er and the agreement and alllheir pr.:I\I:sions shall enure to the benefit of and be binding upon such assignee and Im-estmtnt Secu..'ities Limited shall be released of eny obligation pursuant to this offer and the agreement. 14. The PlD.'chaser's solicitors are: Stewart ;yicKelvey Suite 1000,44 Chipman Hill PO Box 7289, Station A Saint John, 1\":8 E2L 486 Attentic:::: James D. Murphy Telephone: 506-632-1970 Facsimile: 506..634.3573 The Vendor's solicitors are: Sheer-Hood & Flanagan 10 Peel Street Saint 'ohn, 'N"B E2L 309 Attention: Mary.Eileen Flanagan Telephone: 506--634-0001 Facshnile: ~ S. T line shall in a11 respects be of the essence hereof. . 16. This offer and the ~ement shall be governed in aCcordance with the laws of the Province of New Brunswick. 506~634-04S6 17. This offer and the agreement and everything contained herein shall enuxe to the benefit of and be binding upon the parties bereto and their mpectiw heirs. personal representatives, successors and assips. IN WITNESS WHEREOF Investment Securities Limited has executed this offer to purchase as of the day and year first above written. Per: Per: The Vendor accepts the ~bove offer by ex;ecuting this agreement this ;( 3~y of November, 2007. ~~kL fJ/4~ osep, onald Ie es ./ M & C - 2007 - 382 November 29,2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of 225 Prince William Street (former Grain Elevator Property) to Ellerdale Investments Ltd. BACKGROUND: Common Council at its April 23, 2007 meeting considered and adopted a resolution that involved the sale of the above noted City owned property (see attached plan) to Ellerdale Investments Ltd. The purpose of that report was to establish a number of terms and conditions involved in the eventual sale of this property, along with an agreed upon sale price. The effect of that report enabled Ellerdale Investments Ltd. secure an option on the purchase of this property that would allow them to continue to finalize their plans for this project. These terms and conditions have now been incorporated into the attached legal agreement that has been signed by Mr. John Rocca on behalf of Ellerdale Investments Ltd. The agreement has incorporated conditions that require the purchaser of this property to fulfill, prior to its closing on or before June 30, 2009. If the purchaser does not comply with these provisions, it shall render this agreement null and void. The recommendation contained in this report will enable the execution of the attached agreement. RECOMMENDA TION: That The City of Saint John sell all that portion of 225 Prince William Street, also identified on a "Preliminary" Tentative Plan titled "The City of Saint John Subdivision, Situate Water Street, City of Saint John, Saint John County, New Brunswick" dated March 13, 2007 (Portion ofPID Number 6676) to Ellerdale Investments Ltd. under the terms and conditions contained in the attached Report to Common Council April 19, 2007 Page 2 Agreement of Purchase and Sale; and that Ellerdale Investments Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel however Common Council are not explicitly or implicitly obligated to approve any amendment the Municipal Plan or any rezoning, and further that the Mayor and Common Clerk be authorized to execute any document required to effect this transfer. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment CUe . .. This agreement made this day of December, 2007. BY AND BETWEEN: THE CITY OF SAINT JOHN (the "City") OF THE FIRST PART -and~ ELLERDALE PROPERTIES LTD. (the "Company") OF THE SECOND PART WHEREAS the City is the owner of the lands designated 05-01 (4.083 m2) on a "Preliminary" Tentative Plan titled "The City of Saint John Subdivision, Situate Water Street, City of Saint John, Saint John County, New Brunswick" dated March 13,2007, a photo reduced copy attached hereto as Schedule "A" (the "Lands"); and WHEREAS by resolution adopted April 23, 2007 the City authorized the Company to apply for a rezoning of the Lands; and WHEREAS by resolution adopted October 22, 2007 the City initiated the process to consider a Municipal Plan Amendment for the Lands in anticipation of the Company's application for rezoning; and WHEREAS at a meeting of the Common Council of the City of Saint John held November 5, 2007 a public presentation was given for the proposed Municipal Plan Amendment; and WHEREAS the City and the Company have entered into an agreement whereby the Company has access to' the Lands to carry out inspections, surveys, testing and enviromnental audits to, in and upon the Lands; and WHEREAS. it is anticipated that the Company shall, in due course, make an application for the said rezoning of the Lands; and WHEREAS public hearings to consider such proposed amendments will be held; In consideration of the sum ofTen Dollars ($10.00) now paid by each party, one to the other, the receipt whereof is hereby acknowledged, the parties, provided the Company shall apply for and be granted an amendment to the City's Zoning By-Law from designations "Uptown Regional Centre" and "Medium Density Residential" to designation "Integrated Development" in respect of the Lands (it being understood that .._---"-_...-........__._..-......._----_.-..----_.~-_.~..,.......,... ....... Agreement of Purchase and Sale -2- the City is neither implicitly or explicitly obligated to grant such amendment), and further provided that the City and the Company shall have executed a Developers Agreement drawn pursuant to Section 39 of the Community Planning Act, agree that the City shall sell the Lands to the Company and the Company shall purchase the Lands from the City upon the following terms and conditions: 1. The two (2) provisions hereinbefore set forth are conditions precedent and failure to comply with either provision by June 30, 2009 shall render this Agreement a nullity. 2. The conveyance of the Lands to the Company shall reserve to the City: a) any easements required for municipal services and public utilities; b) a restriction limiting use of a three (3) metre wide strip of land along the northern sideline of the Lands to use as a buffer; c) any public street and Land for Public Purposes (park) requirements; d) an option, irrevocable within the time limited for acceptance to purchase free from encumbrances and restrictions other than encumbrances and restrictions existing at closing, the Lands, which option shall arise on the fitst anniversary of the closing, if, at that time the Company has not commenced construction of the project upon the Lands; this option shall be open for acceptance in writing pursuant to clause 13 herein for thirty (30) days following the date of its arising at the price of Four Hundred and Fifty Thousand ($450,000.00) Dollars payable at the closing of the re- purchase not later than thirty (30) days following acceptance, such closing shall take place at the City Solicitor's Office. "Commencement of the project" means the completion of the foundation of the parking garage. 3. The sale price of the Lands is Four Hundred Fifty Thousand ($450,000.00) Dollars by certified cheque or bank draft at closing, subject to normal adjustments. 4. The closing shall take place on or before June 30, 2009 provided the conditions precedent have been fulfilled. The closing shall take place in the City Solicitor's Office, 8th Floor, City Hall, 15 Market Square, Saint John, NB. 5. a) The Company's obligation to carry out the transaction contemplated by this Agreement is subject to the Company's satisfaction with the inspections, surveys, testing and environmental audits carried out to, in and upon the Lands pursuant to the Agreement authorized by the City on November 19,2007. This condition is for the sole benefit of the Company and may be waived by the Company in its sole discretion; and (b) The Company shall provide the City with copies of all inspections, surveys, testings and environmental audits. (" ",__~___"~_,_"_,,,,_"_'r_.p.,,-,,,,-,,,,,,,_,.,'___.'"_._"""'"P'.'" " .,. ., .." , Agreement of Purchase and Sale .3- 6. The City shall have good and marketable title to the Lands free and clear of all encumbrances. The Company shall not call for production of any title deeds, abstracts, surveys, building location certificates, or other evidence of title except such as are in the possession of the City. Up to the date of the enactment of the Zoning By-Law Amendment, the Company may examine the title to the Lands at its own expense. If within that time a valid objection to title is made in writing by the Company to the City, which the City shall be unable or Wlwilling to remove within ten (10) days of notification of the said objection or objections and which the Company will not waiver, this Agreement shall notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the City shall not be liable. for any of the Company's costs or damages. Save as to any valid objections so made within such time the Company shall be conclusively deemed to have accepted the title of the City to the Lands. 7. The City shall deliver vacant possession ofthe Lands to the Company at closing. 8. Property Taxes shall be adjusted as of the closing. 9. Hannonized Sales Tax ("HST") payable in respect of this transaction shall be in accordance with the Excise Tax Act (Canada) (the "Act"). 1 O. The Company's solicitors are hereby appointed Agents of the City for the purposes of migration of the title to the Lands to the Land Titles System and the Company's solicitors shall at the sole expense of the Company, apply for the required PID Approval, certify title to the Lands for the purpose of migration to the Land Titles System and migrate the Lands to the Land Titles System. The Company shall forward to the City's solicitors at least five (5) business days prior to the closing date an Application for First Registration (Form 1) and the City's solicitors shall forthwith return to the Company's solicitors an Affidavit of Applicant (Form 2) and a Certificate of Notary under the Land Titles Act. 11. The Company is permitted to post signage upon the Lands for the purpose of promoting the development proposed by the Company provided that permission is exercised by the Company with as little.disturbance as possible to the Lands and does not unduly interfere with the current use of the Lands. 12. Any tender of documents or money hereunder shall be made upon any party hereto or their solicitors and money may be tendered by negotiable cheque from a Canadian chartered bank or trust company. 13. Time shall be of the essence hereof. 14. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafter this section called a "notice") to any party shall be in writing and shall be sufficiently given if delivered personally, orif sent .'. 8~~""___._'_"_''''-~-'''_.''''-~''..'''~--..''.~-~-_.'--~.'''''..'""_~",,,,,,", ...1 Agreement of Purchase and Sale -4. by prepaid registered mail or if transmitted by facsimile or other fonn of recorded communication tested prior to transmission to each party: (a) In the case of the City at: 15 Market Square P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Facsimile Nwnber: 506-674-4214 Attention: Common Clerk (b) In the case of the Company at: 1190 Fairville Boulevard Saint John, New Brunswick E2M 5T7 Facsimile Number: Attention: John P. Rocca or at such other address as the party to whom such notice is to be given shall have last notified the party giving the same notice in the manner provided in this section. Any notice delivered to the party to whom it is addressed as hereinbefore provided shall be deemed to have been giv.en and received on the day it is so delivered at such address, provided that if such day is not a busin~ss day then the notice shall be deemed to have been given and received on the first business day next following such day. Any notice mailed as aforesaid shall be deemed to have been given and received on the third business day following the date of its mailing. Any notice transmitted by facsimile or other fonn of recorded communication shall be deemed given and received on the first business day after its transmission. 15. The Company shall have the right to assign this Agreement and any of its rights or obligations hereunder to an affiliated entity. Subject thereto, neither this Agreement nor any rights or obligations hereunder shaIi be assignable by any party hereto without the prior written consent of the other party hereto. This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators and successors and pennitted assigns. 16. The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to consummate the transaction contemplated hereby, and each party shall provide such further documents or instruments required by any other party as may be reasonably necessary or desirable to effect the purpose of this Agreement and carry out its provisions. 17. If any covenant or provision of this Agreement is prohibited in whole or in part, such covenant or provision shall, be ineffective to the extent of such prohibition without invalidating the remaining covenants and provisions hereof and shall be deemed to be severed from this Agreement to the extent of such prohibition. ..___..__.__------...w..-----.......--....-.-...-... ...~.......' "."_"'N . . Agreement of Purchase and Sale -5- 18. Except as specifically set forth or referred to herein, nothing herein, express or implied, is intended or shall be construed to confer upon or to give any person, other than the parties and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. 19. This Agreement may not be amended or modified in any respect, except by written instrument executed by all of the parties hereto.. 20. This Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. The parties agree that the courts of New Brunswick shall have jurisdiction to entertain any action or other legal proceedings based upon any provision of this Agreement and each party does hereby attorn and irrevocably submit to the exclusive jurisdiction of the courts of New Brunswick. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED & DELIVERED) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) THE CITY OF SAINT JOHN N.M. McFarlane, Mayor Elizabeth A. Gormley, Assistant Common Clerk Common Council Resolution: April 23, 2007. Amended December _, 2007. ELLERDALE PROPERT . 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'" " it ~~~~~ ~ i ..~~ I 0: '" E <( ~ i:3 0 . ~ OPEN SESSION M & C 2007 - 371 November 20,2007 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Street Light Summary Report 1.0 BACKGROUND The City street light inventory consists of7,901 fixtures as of June 2007, an increase of250 fixtures in the last two years. The lighting system consists of the following: 1,741 344 13 3 2,117 3,568 10 30 75 439 1,481 633 250 watt mercury vapour lights 400 watt mercury vapour lights 175 watt mercury vapour lights 400 watt high pressure sodium (flood) lights 250 watt high pressure sodium lights 250 watt high pressure sodium lights 100 watt high pressure sodium lights 70 watt high pressure sodium lights 50 watt high pressure sodium lights ornamental poles metal poles stand alone wooden poles Light control is achieved through the use of electronic photocells and relay circuits. In 2006, the total operating costs for the street lights was approximately $857,000. This cost includes the following: Energy costs Maintenance costs including some new installations and repairs for damaged poles. Energy costs for Burial Ground fountain, King Square bandstand, King Street sign, miscellaneous flat charges. M&C2007-371 - 2 - November 20,2007 Five years ago, the City of Saint John in co-operation with Saint John Energy, began examining the total cost associated with the street lights. The main objective was to reduce the total operating cost and at the same time maintain a safe level of lighting. To date, the following measures have been implemented. Physical audit of the street lights was conducted, resulting in a billing reduction of 317 fixtures. Burning hours were reduced from 4,380 to 4,198 per year. The demand component from energy was removed The Capital component from older fixtures was removed (mercury vapour) The City purchased all metal poles. As a result of these measures, the City saves approximately $530,000 annually. Street Light Monthly Energy Costs Including Rental Fees iij 29 cd ...s:: U :>--. :;s ::: o ::E 2001 2003 2004 2005 2006 2007 * Year *Extrapolated to year end. 2.0 INTRODUCTION The purpose of this report is to advise Council on various issues and make recommendations related to the existing infrastructure and operating cost of the City street lights. In the past few months the City of Saint John and Saint John Energy began meeting on a three week basis to discuss issues and measures related to the street lights. The following issues and recommendations require further discussion and assessment. Actions will be required to be taken by Saint John Energy and City of Saint John in order to proceed with these recommendations. M&C2007-371 - 3 - November 20,2007 3.0 RECOMMENDA TION / DISCUSSION The following is a list of recommendations with background information and analysis on each item: 3.1 Mercury Yaoour (MY) Li2ht Reolacement As of June 2007, the total Mercury Vapour (MV) lights consist of 2,098 fixtures or 26% of the total street light inventory. This type oflight is old technology, inefficient, and requires higher output wattage to provide sufficient light levels. The monthly cost per fixture is very minimum range from $6.00 to $10.00 for 400 watts, as all rental fees and demand charges have been removed. Saint John Energy has been replacing these lights (as these lights burn out) with HPS 150 watts or 250 watts. As a result, new rate charges will apply to these replacements (range from $12.74 to $15.87 per fixture) which will increase the total monthly cost, as most of these fixtures are on wooden poles or hydro poles owned by Saint John Energy. Currently, there is not a more cost effective technology to replace these fixtures other than high pressure sodium (lower output wattage). The latest can reduce the energy cost by 38% (if250 watt MV is replaced with 150 HPS) and could still provide 30% more lighting output (yellow light). However, in some cases, the energy saving is nil as 250 watt MV is being replaced with 250 watt HPS due to poor light levels on some streets. As previously mentioned, there is no savings (the City will actually pay more for this replacement) to the City due to the fact Saint John Energy is charging rental fees for this new replacement (wooden poles). However, the City benefits from a reduction in the production of greenhouse gas emissions and achieves better lighting levels. Recommendations a. The City of Saint John is to continue discussions with Saint John Energy regarding the possibility of the City absorbing the existing/future cost of all fixtures including lamps, photocells, and installations on all stand alone wooden/hydro poles. This will reduce the total operating costs and make it more economical for the City when replacing mercury vapour fixtures with more energy efficient fixtures. b. Develop a Capital program including an implementation plan over the next 7-8 years for the replacement of all MY. 3.2 City Ornamental Li2ht Poles The City's cast iron ornamental poles consist of 439 poles installed between 1981 and 1995. Most of these poles are located in the uptown area and they are now owned by the City. Past and recent inspections show the following: Evidence of extensive corrosion of the anchor bolts/nuts in many cases. Rust all over the poles which make them unattractive to the public. M&C2007-371 - 4 - November 20,2007 Posters attached to the poles which remove the paint. Recently, the City has finished upgrading Water Street by installing new aluminum poles replacing the old cast iron poles. This type of pole will be used for future replacement of the existing ornamental poles. Furthermore, recent refurbishment of one pole by Bourque Industrial Ltd showed that all corrosion and rust have been rectified and the final outcome of the pole is like new. The cost for this refurbishment is $250. It does not include removallinstallation and repairing the anchor bolts/nuts if required. Recommendations a. Develop a replacement/refurbishment program on all ornamental poles located uptown. The duration of this program is anticipated to extend over eight years, although in all likelihood it will be an annual program. This program will address deficiencies, liabilities, and costs over the long term. b. Staff will work with Common Council's By-law Review Committee in an attempt to establish better controls for placing posters on ornamental poles. 3.3 Existin2 Street Li2htin2 Levels The design of the street lights is normally carried out by Saint John Energy with the exception of special projects (i.e., Retail Drive, etc.) where a contractor or other is responsible for the design. In general, Saint John Energy designs the lighting system to meet Illuminating Engineering Society (IES) guidelines. However, in some cases, Saint John Energy uses common sense and discretion to add new light fixtures/poles. Furthermore, light output tends to depreciate due to lamp aging (MV lights are a good example) and dirt accumulation in the fixture/lamp. As a result of the above factors, the light level in many areas tends to be inaccurate (over lit or under lit). A recent survey of random streets shows that lighting levels in some areas especially main roads exceeds the minimum Illuminating Engineering Society (IES) guidelines. However, areas located outside the City center and commercial sector are generally below the IES guidelines. Recommendations a. It is important that the City of Saint John in partnership with Saint John Energy develop design criteria to be used in roadway lighting design. The new design criteria will be applied to existing/future street lights and could be adopted from the IESNA RP _ 8 _00 standard. b. A comprehensive street light study is required to evaluate the existing conditions of the lighting level, type of light, pole conditions in terms of M&C2007-371 - 5 - November 20,2007 height and length of arm. The report will identify deficiencies and recommend measures required for street light upgrades including Capital cost program and implementation plan over the next number of years. 3.4 Harbour Passa2e Li2hts Harbour Passage consists of over 100 fixtures/poles. These fixtures are fed from a pad mount transformer and are on several separate hydro meters. These fixtures are 70 watt metal halide and the most recent are 150 HPS located on Water Street. Glenn Group Ltd is the architect for the Harbour Passage project. As part of their mandate, they are responsible for the lighting system design. After completion of the installation, the lighting system is turned over to Leisure Services and Facility Management for the ongoing maintenance. Neither Facility Management nor Saint John Energy were involved in the design aspect and the installation of these poles/fixtures. Recently Saint John Waterfront Development expressed interest in having Saint John Energy take responsibility for the design/installation and life cycle management of the Harbour Passage lights. While the design may appropriately be with Saint John Waterfront, the installation and management are more appropriately within the purview of Facility Management whereas that group is responsible for the other 8,000 fixtures. Currently there is no plan in place for the overall maintenance of these lights. Recently, these poles have experienced premature rusting, and failure of some lamps and photocells with no maintenance contract/program in place. Discussions were held with Saint John Energy with respect to managing the maintenance of the Harbour Passage lights. Saint John Energy was open to this proposal. Recommendation a. The City of Saint John will send Saint John Energy a formal letter asking them to manage and maintain the Harbour Passage lights in conjunction with Facility Management. These lights would be included as part of the street light rate structure. Also, Saint John Energy should be a full partner in the responsibility for all future design, supply and installation of the lighting system at Harbour Passage. 3.5 Reduce Maintenance Costs The City of Saint John is directly responsible for approximately 30% of the total street light maintenance costs or $90,000 annual costs. This cost includes lamps/fixtures/photo control replacement, accidental damages and poles/wires repairs/replacements. The remainder of the costs are borne by Saint John Energy and repaid by the City through a rental agreement. Saint John Energy does not currently have in place a proactive maintenance program for the street lights. The existing infrastructure is old and requires significant upgrades. Lights and photocells tend to burn for some time before M&C2007-371 - 6 - November 20,2007 replacement. Saint John Energy uses the spot replacement method which requires the individual replacement of lamps as they fail. This method has the following drawbacks: Causes poor light level for the public due to lamp failure and light output depreciation. Causes the ballast to prematurely fail (high cost to replace ballast) due to lamp cycling ON/OFF and not being replaced periodically. Tends to be costly in some cases due to extensive labour time. Furthermore, Saint John Energy does not have a life cycle program for the street lights. They are in the process of implementing such a program. Also, recently Saint John Energy has mapped all their street light poles on their GIS. Discussion is ongoing between the City (GIS group) and Saint John Energy for data exchange. Recommendations a. Saint John Energy in co-operation with the City develop a maintenance program and evaluate the economical and public benefits in implementing a group relamping program on street lights. b. Develop a life cycle cost management program to better manage and maintain the overall operation of street lights. This program must be acceptable to the City. c. Map all the street light poles/fixtures and location on the City's GIS. d. Saint John Energy should provide the City, on a monthly basis, a breakdown cost of individual work performed on City-owned poles/lights. The City already receives a monthly summary but it does not provide the breakdown cost. 3.6 New Technologies Roadway lighting system technologies are changing rapidly with new measures being implemented in various municipalities. The objective of these new technologies is: reduce operation and maintenance cost, reduce energy consumption, enhance public satisfaction, and improve system asset management. These new technologies include time clock photocells, LED based roadway lighting systems, remote operation asset management (ROAM), new cosmopolis white light source, induction lights, new longer life lamps, etc. M&C2007-371 - 7 - November 20,2007 Some of these technologies have been successfully implemented; however the Capital cost is still a challenge. Also, other factors/issues are still of concern. It might take three years for LED lights to dominate the roadway lighting system. Recommendations a. As part of the comprehensive street light study noted in item 3.3 under recommendation, the report should evaluate the cost benefits of implementing the latest technologies b. Perform a pilot project on some of these new technologies (i.e., LED, time of clock control, etc). 3.7 Future Installations This item deals with new lights being installed for new subdivisions, commercial areas or other public expectations. In some cases Municipal Operations will hire consultants or contractors to design, supply and install new street lighting systems. Saint John Energy has complained that they were not notified and involved in the design and selection of the lighting systems. The latest has created concern to Saint John Energy as the lighting system in some cases did not meet the IES guidelines. Also the cost to maintain those lights were costly compared to standard lights. Recommendation a. Saint John Energy should be consulted on all new installations. However, in some cases where Saint John Energy is unable to perform the work, a consultant/contractor can be hired to complete the work; however the contractor/consultant must work closely with Saint John Energy. Municipal Operations should be a partner in decision making. b. A process should be in place to address public complaints regarding poor light levels. This process should clearly state all steps and data required to address each complaint. Also, Saint John Energy should inform the City of Saint John the increase in the monthly energy bill with respect to adding new lights or converting mercury vapor to HPS. 4.0 SUMMARY In summary, there are many issues that must be addressed regarding the operation and maintenance costs of the street lights. These issues must be discussed with Saint John Energy and should involve Municipal Operations. As stated previously, it is our recommendation to conduct a comprehensive study on the existing infrastructure. This study can be performed by an outside consultant firm who has extensive experience in roadway lighting systems or by Saint John Energy (if time and M&C2007-371 - 8 - November 20,2007 experience are available). Saint John Energy has shown interest in performing this study The study will be conducted over a period of time and will include the following phases: Phase 1 Mercury vapor replacement Ornamental pole/fixture replacement Phase 2 Establish design criteria for roadway lighting system Review the existing roadway light level and identify all measures and deficiencies required to meet the established design criteria Phase 3 Investigate the implementation of new technologies (i.e., LED, time clock photocell, etc) and evaluate the economical and environmental benefits. Evaluate the economical and public benefit of implementing a group relamping program. The outcome of this study is to develop a long term Capital program with an implementation plan. Such to reduce greenhouse gases and to reduce energy costs to the City of Saint John. RECOMMENDA TION Your City Manager recommends: that this report be received and filed, and staff be directed to pursue the various recommendations in this report and report back to Council on a periodic basis as to their status. Respectfully submitted, Wm. Edwards, P. Eng. Commissioner, Buildings and Inspection Services Terrence Totten, CA City Manager The City of Saint 'ohn \ ~ ,\ December 3, 2007 His Worship Mayor N orman McFarlane And Members of Common Council Your Worship and Councillors: RE: Engagement of Chartwell Inc. At the September 24,2007 meeting of Common Council approval was given to engage Chartwell Inc. to carry out a review of the activities undertaken to date through the Vision 2015 Program and present a report on their observations and findings for consideration by the Vision 2015 Steering Committee. A price estimate for completion of the proposed work plan has been received from Chartwelllnc. with costs estimated at approximately $50,000. There is no budget provision for this expenditure. The Vision 2015 Committee has reviewed the proposal and is recommending that Chartwell Inc. not be engaged at this time. The Committee felt that the need for this type of review should be considered at a later date. RECOMMENDA TJON: That on recommendation ofthe Vision 2015 Steering Committee, Council take no further action with regards to engagement of Chartwell Inc. to complete work associated with a review of the Vision 2015 Program. Respectfully submitted, '--- ~~~ Councillor en Tait ' Chair Vision 2015 Steering Committee ~ SAINT JOHN ------ P.O. Box 1971 Saint John, NB Canada ElL 4L 1 I www.saintjohn.calc.p. 1971 Saint John, N.-B. Canada ElL 4L 1 SAINT JOHN WATERFRONT DEVELOPMENT ~ ,"~i,~ll~ (!/ One Market Square, Suite 301 Saint John. New Brunswick E2l 4Z6 lei: 506.674.4278/ Fax: 506.649.6068 Email: info@!;jwaterfronl.com Website: www.~waterfrontcom November 27, 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 4L 1 Dear Mayor McFarlane & Members of Common Council: Subiect: Reversing Falls Earlier this fall, each of you as members of common council and all of the directors with the partnering agencies of the Saint John Waterfront Development Partnership, were invited to participate in an important planning session to help us establish a priority listing for our projects over the next five years. The planning session involved a review of approximately 30 different potential projects as previously established within the Saint John Inner Harbour Land Use Plan. The projects were discussed and evaluated against a number of criteria including their return on investment, impact on tax base, tourism, and image of the city, among other factors. The outcome of the meeting was aimed at achieving a prioritized list of projects for the next five years. The feedback gathered during this session instrumental in helping staff and the corporation's board to prioritize our plans and our future recommendations to you, council. We are interested in providing you with a more formal update in the New Year, specifically to discuss the five year outlook however in the meantime, we are providing this update to share with you some of the initial feedback for projects relating specifically to our upcoming 2008 work plan. Based on many discussions with several stakeholders leading up to our planning session, and subsequently confirmed during our meeting, we have learned there is a strong consensus to work on improvements for the Reversing Falls Visitation area. Following our recent planning session, we have also met with the City Manager, Deputy City Manager in his capacity with the City's Tourism Department, and Bill Edwards to discuss a project for this area. As a result of this feedback we are currently working on a project and proposal for the development of a Master Plan for the redevelopment of Reversing Falls including concepts for park space, branding, parking and circulation, as well as identification of potential complementary private sector developments. Upon conclusion of the Master Plan we anticipate narrowing down to a development project aimed at commencing within the 2009 fiscal year. This work would include detailed construction drawings and tender ready documents. ~ SAINT JOHN --------- ^r)NIN:I~'IlJ."OC)N f\)~ro~l'-E: p~ SkOO ]~lHH :$ a i n t j o~~ <.dill Saint John -.:> Board of Trade ~ENTERPRISE q;J SAINT JOHN --- RORT lJfYNM1N City of Saint john As you know, Reversing Falls is not only an important part of the City's tourism strategy but also the Province of New Brunswick, and the St. John River Society and as such we are planning to work with a number of stakeholders with the objective of making the Reversing Falls the Anchor Node of the Saint John Lower River Passage. It is our intention to use the Master Plan as part of the process to also seek partners for the final redevelopment. Once again, we would like to thank council and city staff for your recent participation in our planning session and for your ongoing leadership with the Waterfront Development Project. Either acting as a councilor Sitting as individuals on our Board and committees you have helped shape the success of Waterfront Development over the past five years. We also look forward to working with you on our next five years and specifically on the potential redevelopment of Reversing Falls. Yours truly, SAINT JOHN DEVELOPMENT CORPORATION gP0- Ross ~ff~n General Manager December 3, 2007 Deputy Mayor Hooton and Councillors Subject: Committee of the Whole Report The Citizens' Advisory Committee of the Vision 2015 Committee presented the Saint John Community Vision Statement at a Committee of the Whole meeting on November 28,2007. At that meeting the Committee passed a resolution as follows: That the Committee accept the submitted Vision Statement in principle to be ratified at the December 3, 2007 regular meeting of Council. Recommendation: that Council adopt the following Saint John Community Vision Statement: CITY OF SAINT JOHN COMMUNITY VISION STATEMENT OUR SAINT JOHN OF THE FUTURE Our Saint John, Canada's first city, leads the nation as an example of a sustainable community. Our Saint John was born of the water. Like the tides we live by, we are responsive to the constant changes in our environment, economy, and society. Our Saint John is a livable city designed for people where everyone can feel at home. We are diverse in cultures, rich in arts, full of exciting entertainment and recreational activities. Our Saint John provides educational excellence and life long learning opportunities to help people reach their full potential. Our dynamic economy is built on creativity, innovation and entrepreneurial spirit. Our Saint John is a population of problem solvers where each individual and organization has a vital role to play. It is a place where leadership is based on transparency, integrity, and trust. Our Saint John is a place where we overcome our challenges and live our dreams. This is our Saint John. Sincerely, Norm McFarlane Mayor