The URL can be used to link to this page

2008-06-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, June 23, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 8th floor boardroom City Hall 1.1 Legal Session 10.2(4(f,g) 1.2 Legal Proceedings 10.2(4)(f,g) 1.3 Development Matter 10.2(4)(c) 1.4 Employment Contract 10.2(4)(f) 1.5 Nominating Committee 10.2(4)(b) 1.6 Property Matter 10.2(4)(c) Regular Meeting 1. Call to Order — Prayer 6:15 p.m. 2. Approval of Minutes 2.1 June 9, 10, 2008 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Request for Letter of Support for Documentary (Recommendation: Mayor to Write letter of Support) 5.2 Saint John Transit Commission (Recommendation: Receive for Information) 5.3 Design and Construction Management Spar Cove Rd Wastewater Lift Station (Recommendation in Report) 5.4 Design and Construction Management Rockwood Park Redevelopment Project (Recommendation in Report) 5.5 Contract 2008 -14 Water St Precinct, Saint Patrick (Three Sisters) Park Enhancements (Recommendation in Report) 5.6 Contract 2008 -25 Glen Rd and Simpson Dr Extension Cross Culverts (Recommendation in Report) 5.7 Engineering Design Services Westfield Rd Transportation and Storm Water Systems Upgrade (Recommendation in Report) 5.8 Contract 2008 -27 Rope Walk Rd Road Reconstruction (Recommendation in Report) 5.9 Contract No 2008 -13 Brentwood Cres 900mm Storm Sewer Renewal (Recommendation in Report) 5.10 Domestic Hot Water System, Fire Station 45 5.11 Salty Jam Festival (Recommendation in Report) 1 5.12 Request for Renewal of Temporary Mobile Mini Home 3396 Loch Lomond Rd (Recommendation in Report) 5.13 Proposed Public Hearing Date 1660 Manawagonish Rd, 40 Mountain View Dr, 3795 Loch Lomond Rd (Recommendation in Report) 5.14 Sale of Civic 0 Holland Street, PID 55118269 (Recommendation in Report) 5.15 City Market Update (Recommendation in Report) 5.16 Proposed Skateboard Park Update (Recommendation in Report) 5.17 Economic Development Officer - WestSide (Recommendation in Report) 5.18 117 Union Street (Recommendation in Report) 5.19 Designation of Building Inspector for Enforcement Proceedings (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 7:30 p.m. 8.1 UNBSJ Dr MacKinnon Presentation Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -Law Amendment 79 -81 Clovelly Dr 9.1(b) Planning Advisory Committee Recommending Proposed Rezoning 10. Consideration of By -laws 10.1 Third Reading Zoning By Law Amendment 50 Newport Cres 10.2 Third Reading Zoning By -law Amendment 646 George St 10.3 Third Reading Zoning By Law Amendment 112 Mount Pleasant Ave 10.4(a)(b) Third Readings Municipal Plan and Zoning By -Law Amendments 47- 55 Golden Grove Rd 11. Submissions by Council Members 11.0 Absence from Council Meeting (Councillor Titus) 11.1 Industrial Expansion Impact on Municipal Services (Councillor Farren) 11.2 Current Process of Performance Evaluation and Reporting (Councillor Sullivan) 11.3 Public Transportation Fuel Tax (Councillor Titus) 11.4 Overhead Projection System in Council Chamber (Councillor Killen) 11.5 Value for Money Audit (Councillor Killen) 11.6 Parking in the Southern Peninsula (Councillor Killen) 11.7 Recycling (Councillor Killen) 11.8 KBM Ball Field (Councillor McGuire) 11.9 Province of New Brunswick Hearings on Tax Options (Councillor McGuire) 11.10 Public Engagement Consultation (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Requested Sale of Lantic Sugar Site 12.2 Translating Vision to Action 12.3 Performance Management 12.4 Neighbourhood Development Funding Terms of Reference 12.5 Grant Funding Westside PACT 12.6 Realignment of Governance Structure PSCC 13. Committee Reports 13.1 Planning Advisory Recommending Subdivision Approval 50 Newport Cres 13.2 Planning Advisory Committee Recommending Highlands of Drury Cove Subdivision Phase 12 13.3 Planning Advisory Committee Recommending Public Street Vesting and Variances By Road 45 and Poplar Lane 13.4 North of Union Steering Committee Report 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Advertisement for Proposed Business Improvement Area 15.2 Hospice Request for Annual Recurring Grant 15.3 Letter from Patricia Dashwood on Fluoride 16. Adjournment 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL —June 9th, 6:30 P.M. & June 10, 4:30 P.M., 2008 present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, McGuire, Mott, Snook, Sullivan and Titus -and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; D. Parks, Police Force; R. Simonds, Fire Chief; B Morrison, Commissioner of Leisure Services; E. Gormley, Common Clerk; A. Beckett, Deputy City Manager, P. Woods, Deputy City Manager. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN HOTEL DE VILLE — le 9 juin 2008 a 18 h 30 et le 10 juin 2008 a 16 h 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, McGuire, Mott, Snook, Sullivan et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; K. Forrest, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; D. Parks, service de police; R. Simonds, chef du service d'incendie; B. Morrison, commissaire aux services des Ioisirs;E. Gormley, greffiere communale; A. Beckett, directeur general adjoint; P. Woods, directeur general adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Rev. Dan Lamos, Associate Pastor from Kings Valley Wesleyan Church offered the opening prayer. 1.1 On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the letter from Paul Zed, Member of Parliament for Saint John congratulating the new Mayor and Council be received for information. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. Le pasteur adjoint Dan Lamos, de I'eglise Wesleyan de la vallee Kings, recite la priere d'ouverture. 1.1 Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que la lettre de Paul Zed, depute de Saint John, dans laquelle it felicite le nouveau maire et les membres du conseil, soit acceptee a titre informatif. El 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 1.2 Environment Awards Christine Saumure, Chair of the City of Saint John Environment Committee presented Environment Awards as noted in the submitted letter. Question being taken, the motion was carried. 1.2 Prix pour 1'environnement Christine Saumure, presidente du Comite sur 1'environnement de The City of Saint John, remet le prix, comme le mentionne la Iettre presentee. A I'issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 50 Newport Crescent 9.1(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 50 Newport Crescent, having an area of 5,525 square meters, also identified as being PID Number 00042531 from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 3, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re -zone a parcel of land located at 50 Newport Crescent as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Byron Thomas, Chair of the Board of Directors of Newport Village, advising that he is in agreement with the staff recommendations. On motion of Councillor Titus Seconded by Councillor McGuire 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 50 Newport Crescent, having an area of approximately 5,525 square metres, also identified as being a portion of PID Number 00042531 from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential classification, with Section 39 conditions, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Councillor Titus Seconded by Councilor McGuire 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 50 Newport Crescent, having an area of 5,525 square meters, also identified as being a portion of PID Number 00042531 from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential, classification with Section 39 conditions, 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 ". 5 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete de zonage relatif au 50, croissant Newport 9.1b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 50, croissant Newport, d'une superficie approximative de 5 525 metres carres et inscrite sous le NID 00042531, afin de faire passer la classification s'y rapportant de zone de quartier a vocation collective « IL -1 » a zone residentielle d'immeubles a Iogements multiples de trois etages « RM -1 v. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 3 juin 2008, a Iaquelle le comite a resolu de recommander I'approbation de la proposition, comme le souligne la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 50, croissant Newport. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage. Byron Thomas, president du conseil d'administration du village de Newport, prend la parole et indique qu'il appuie Ies recommandations formulees par le personnel. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 5 525 metres carres, situee au 50, croissant Newport et inscrite sous le NID 00042531, en vue de faire passer la classification s'y rapportant de zone de quartier a vocation collective « IL -1 » a zone residentielle d'immeubles a Iogements multiples de trois etages « RM -1 >>, conformement aux conditions prevues a I'article 39, 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 I'arrete de zonage de The City of Saint John >>. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 5 525 metres carres, situee au 50, croissant Newport et inscrite sous le NID 00042531, en vue de faire passer la classification s'y rapportant de zone de quartier a vocation collective « IL -1 » a zone residentielle d'immeubles a Iogements multiples de trois etages « RM -1 >>, conformement aux conditions prevues a I'article 39, 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 I'arrete de zonage de The City of Saint John >>. 9.2(a) Proposed Zoning By -Law Amendment 646 George Street 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 646 George Street, having an area of 450 square meters, also identified as being PID Number 00035105 from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional classification. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 20, 2008 meeting at which the Committee decided to recommend approval as set out in the staff A 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 recommendation, to re -zone a parcel of land located at 646 George Street as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" re- zoning a parcel of land having an area of approximately 450 square meters, located at 646 George Street, also identified as being PID Number 00035105 from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, classification with Section 39 conditions, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Councillor Titus Seconded by Councilor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" re- zoning a parcel of land having an area of approximately 450 square metres, located at 646 George Street, also identified as being PID Number 00035105 from "R -2" One and Two Family Residential to "IL -1 "Neighbourhood Institutional, classification with Section 39 conditions, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". 9.2a) Projet de modification de I'arrete de zonage relatif au 646, rue George 9.2b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 646, rue George, d'une superficie approximative de 450 metres carres et inscrite sous le NID 00035105, pour faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone de quartier a vocation collective « IL -1 >>. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 20 mai 2008, a laquelle le comite a resolu de recommander I'approbation de la proposition, comme le souligne la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 646, rue George. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 450 metres carres, situee au 646, rue George et portant le NID 00035105, en vue de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone de quartier a vocation collective « IL -1 >>, conformement aux conditions prevues a I'article 39, fasse I'objet d'une premiere lecture. 7 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John >>. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John >>, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 450 metres carres, situee au 646, rue George et portant le NID 00035105, en vue de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone de quartier a vocation collective « IL -1 >>, conformement aux conditions prevues a I'article 39, fasse l'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John >>. 9.3(a) Proposed Zoning By -Law Amendment 112 Mount Pleasant Avenue 9.3(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 112 Mount Pleasant Avenue, having an area of 5,400 square meters, also identified as being PID Number 55186928 from "R -1A" One Family Residential to "SZ -23" Special Zone #23 and by adding to the list of zones in Section 30 (1) and adding Section 740 (23). Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 20, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re -zone a parcel of land located at 112 Mount Pleasant Avenue as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Titus Seconded by Councillor McGuire 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 112 Mount Pleasant Avenue having an area of approximately 5,400 square metres, also identified as being PID Number 55186928 from "R -1A" One Family Residential to "SZ- 23" Special Zone #23 classification adding to the list of zones in Section 30(1) and adding Section 740(23), be read a first time. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Councillor Titus Seconded by Councilor McGuire 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 112 Mount Pleasant Avenue having an area of approximately 5,400 square metres, also identified as being PID Number 55186928 from "R -1A" One Family Residential to "SZ- 23" Special Zone #23 classification by adding to the list of zones in Section 30(1) and adding Section 740(23), 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 ". A 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 9.3a) Projet de modification de I'arrete de zonage relatif au 112, avenue Mount Pleasant 9.3b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 112, avenue Mount Pleasant, d'une superficie approximative de 5 400 metres carres et inscrite sous le NID 55186928, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales « R -1A » a zone speciale no 23 « SZ -23 >>, en I'incluant a la Iiste des zones inscrites au paragraphe 30 (1) et en ajoutant le paragraphe 740 (23). Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 20 mai 2008, a Iaquelle le comite a resolu de recommander I'approbation de la proposition, comme le souligne la recommandation du personnel, selon Iaquelle le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 112, avenue Mount Pleasant. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John >>, visant a rezoner une parcelle de terrain d'une superficie approximative de 5 400 metres carres, situee au 112, avenue Mount Pleasant et inscrite sous le NID 55186928, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales « R -1A » a zone speciale no 23 « SZ -23» , en l'incluant a la Iiste des zones inscrites au paragraphe 30 (1) et en ajoutant le paragraphe 740 (23), fasse l'objet d'une premiere lecture. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John >>. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John >>, visant a rezoner une parcelle de terrain d'une superficie approximative de 5 400 metres carres, situee au 112, avenue Mount Pleasant et inscrite sous le NID 55186928, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales « R -1A » a zone speciale no 23 « SZ -23» , en I'incluant a la liste des zones inscrites au paragraphe 30 (1) et en ajoutant le paragraphe 740 (23), fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John >>. 9.4(a) Proposed Municipal Plan and Zoning By -Law Amendment 47 -55 Golden Grove Road 9.4(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed municipal plan amendment and re- zoning of a parcel of land located at 47- 55 Golden Grove Road, having an area of 1.1 hectares, also identified as being PID Numbers 00299271, 00300129, 00301986, 55027510, and 55173033 from "RS -2" One and Two Family Suburban Residential to "SZ -22" Special Zone #22. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 3, 2008 meeting at which the Committee decided to recommend approval as set out in the staff 9 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 recommendation, to re -zone a parcel of land located at 47 -55 Golden Grove Road as described above. The Mayor called for members of the public to speak against the re- zoning with David Nicholson and Laurie Campbell, 74 Ashton Place, Stephen Touchakis, 65 Ashton Place, Joe Malley on behalf of his father, and Averd MacKenzie expressing concern about flooding in the area, visual impact, traffic issues, access to property, and potential decrease in property value. The Mayor called for members of the public to speak in favour of the re- zoning with Greg Stewart and Norm Ganong, partners of the project speaking on behalf of the applicant, and advising that they will build whatever type of fence that is necessary to ensure the visual integrity of the site, and will implement controlled drainage or comply with the City's suggestion to control flooding. On motion of Councillor Chase Seconded by Councillor Mott RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law" amending Schedule 2 -A, the Future Land Use Plan, re- designating a parcel of land with an area of approximately 1.1 hectares, located at proposed 47 -55 Golden Grove Road, also identified as being PID Numbers 00299271, 00300129, 00301986, 55027510 and 55173033 from Low Density Residential to Service Corridor classification, be read a first time. Question being taken, the motion was carried with Councillors Court, Titus and Snook, voting nay. Read a first time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- law". On motion of Councillor Chase Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law" amending Schedule 2 -A, the Future Land Use Plan, re- designating a parcel of land with an area of approximately 1.1 hectares, located at proposed 47 -55 Golden Grove Road, also identified as being PID Numbers 00299271, 00300129, 00301986, 55027510 and 55173033 from Low Density Residential to Service Corridor classification, be read a second time. Question being taken, the motion was carried with Councillors Court, Titus and Snook, voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- law". On motion of Councillor Sullivan Seconded by Councillor McGuire 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 47 -55 Golden Grove Road having an area of approximately 1.1 hectares, also identified as being PID Numbers 00299271, 00300129, 00301986, 55027510 and 55173033 from "RS -2" One and Two Family Suburban Residential to "SZ -22" Special Zone #22 classification with Section 39 conditions, be read a first time. Question being taken, the motion was carried with Councillors Court, Titus and Snook, voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Councillor McGuire Seconded by Councilor Sullivan 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 47 -55 Golden Grove Road having an area of approximately 1.1 hectares, also identified as being PID Numbers 00299271, 00300129, 00301986, 55027510 and 55173033 from 10 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 "RS -2" One and Two Family Suburban Residential to "SZ -22" Special Zone #22 classification with Section 39 conditions, be read a second time. Question being taken, the motion was carried, with Councillors Court, Titus and Snook, voting nay. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". 9.4a) Projet de modification du plan municipal et de I'arrete de zonage visant le 47 -55, chemin Golden Grove 9.4b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et au rezonage d'une parcelle de terrain situee au 47- 55, chemin Golden Grove, d'une superficie approximative de 1,1 hectare et portant les N I D 00299271, 00300129, 00301986, 55027510 et 55173033 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale no 22 « SZ -22 >>. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 3 juin 2008, a laquelle le comite a resolu de recommander I'approbation de la proposition, comme le souligne la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 47 -55, chemin Golden Grove. Le maire invite le public a se prononcer contre le rezonage. David Nicholson et Laurie Campbell, du 74, place Ashton, Stephen Touchakis, du 65, place Ashton, Joe Malley, au nom de son pere, et Averd MacKenzie expriment leurs inquietudes au sujet des inondations dans le secteur, de ('impact visuel, des problemes de circulation, de I'acces aux proprietes et de la diminution potentielle de la valeur des proprietes. Le maire invite le public a se prononcer en faveur du rezonage. Greg Stewart et Norm Ganong, partenaires du projet, prennent la parole au nom du requerant et indiquent qu'ils construiront le type de cloture necessaire pour assurer l'integrite visuelle de 1'emplacement et qu'ils mettront en ceuvre un drainage controle ou suivront les suggestions de la Ville visant a controler les inondations. Proposition du conseiller Chase Appuyee par le conseiller Mott RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal >>, visant a modifier, a I'annexe 2 -A du plan d'amenagement futur des terres, la classification d'une parcelle de terrain situee au 47- 55, chemin Golden Grove, d'une superficie d'environ 1,1 hectare et portant les N I D 00299271, 00300129, 00301986, 55027510 et 55173033, pour la faire passer de zone residentielle de faible densite a zone de corridor de service, fasse l'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Les conseillers Court, Titus et Snook votent contre la proposition. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete relatif au plan municipal >>. Proposition du conseiller Chase Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal >>, visant a modifier, a I'annexe 2 -A du plan d'amenagement futur des terres, la classification d'une parcelle de terrain situee au 47- 55, chemin Golden Grove, d'une superficie d'environ 1,1 hectare et portant les N I D 00299271, 00300129, 00301986, 55027510 et 55173033, pour la faire passer de zone residentielle de faible densite a zone de corridor de service, fasse l'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Les conseillers Court, Titus et Snook votent contre la proposition. 11 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal >>. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John >>, modifiant le zonage d'une parcelle de terrain situee au 47 -55, chemin Golden Grove, d'une superficie d'environ 1,1 hectare et portant Ies NID 00299271, 00300129, 00301986, 55027510 et 55173033, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale no 22 « SZ -22 >>, sous reserve des conditions imposees par I'article 39, fasse l'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Les conseillers Court, Titus et Snook votent contre la proposition. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John >>. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John >>, modifiant le zonage d'une parcelle de terrain situee au 47 -55, chemin Golden Grove, d'une superficie d'environ 1,1 hectare et portant Ies NID 00299271, 00300129, 00301986, 55027510 et 55173033, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale no 22 « SZ -22 >>, sous reserve des conditions imposees par I'article 39, fasse l'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Les conseillers Court, Titus et Snook votent contre la proposition. Deuxieme lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete de zonage de The City of Saint John >>. 2. Approval of Minutes 2.1 Approval of April 28, 2008 Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on April 28, 2008, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de la seance tenue le 28 avril 2008 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 28 avril 2008 soit approuve. A ('issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of Committee of the Whole reports 13.4, Committee of the Whole Report, Schedule for Nominating Committee Meetings, 13.5, Committee of the Whole Report, Appointment to Police Commission, and 13.6, Consent Order — Cause No. S/M/18/2008. 12 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 Question being taken, the motion was carried 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que l'ordre du jour de la presente seance soit adopte, moyennant I'ajout des rapports du comite plenier, soit le point 13.4, Rapport du comite plenier — Calendrier des reunions du Comite des candidatures; le point 13.5, Rapport du comite plenier relativement aux nominations pour sieger a la Commission de police et le point 13.6, Ordonnance sur consentement — cause no S/M/18/2008. A ('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 Symphony New Brunswick requesting a renewal of the grant given by The City of Saint John and an increase to $10,000. be referred to Budget Deliberations. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Symphonie Nouveau - Brunswick requerant un renouvellement des subventions accordees par The City of Saint John ainsi qu'une augmentation de 10 000 $ soit soumise aux deliberations budgetaires. 5.2 That the letter from Champlain Heights Neighbourhood Watch be received for information. 5.2 Que la lettre de Surveillance du quartier de 1'ecole Champlain Heights soit acceptee a titre informatif. 5.3 That the letter from the N. B. Day Parade Committee requesting funding be referred to the City Manager. 5.3 Que la lettre de demande de financement du NB Day Parade Committee [comite du defile de la Fete du Nouveau - Brunswick] soit transmise au directeur general. 5.4 That the letter from Mayor Grace Losier of the Town of Grand Bay - Westfield congratulating the new Mayor and Council be received for information. 5.4 Que la lettre de la mairesse Grace Losier de la ville de Grand Bay - Westfield dans laquelle elle felicite le nouveau maire et les membres du conseil soit acceptee a titre informatif. 5.5 That the letter from Robert Lauder regarding short -term jobs be received for information. 5.5 Que la lettre de Robert Lauder concernant les emplois a court terme soit acceptee a titre informatif. 5.6 That the letter from Robert Holmes- Lauder regarding heavy truck traffic on City Line be referred to the City Manager. 5.6 Que la lettre de Robert Holmes- Lauder, concernant la circulation des camions lourds sur le chemin City Line, soit transmise au directeur general. 5.7 That the letter from Marathon by the Sea requesting to present at Council be referred to the Common Clerk for scheduling. 5.7 Que la lettre de Marathon pres de la mer, visant a faire une presentation devant le conseil, soit transmise au greffier communal aux fins d'inscription de ladite presentation a l'ordre du jour. 13 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 5.8 That the letter from the Police Commission recommending traffic lights and a crossing guard at Prince Charles School be received for information. 5.8 Que la lettre de la Commission de police, recommandant ('installation de feux de circulation et la presence d'un brigadier a I'ecole Prince Charles, soit acceptee a titre informatif. 5.9 That the letter from Patricia Dashwood regarding safe drinking water be received for information. 5.9 Que la lettre de Patricia Dashwood, concernant I'eau potable salubre, soit acceptee a titre informatif. 5.10 That the letter from Dean Price of Active Transportation Saint John requesting to present at Council be referred to the Common Clerk for scheduling. 5.10 Que la lettre de Dean Price de Active Transportation Saint John, dans laquelle it demande de faire une presentation devant le conseil, soit transmise au greffier communal aux fins d'inscription de ladite presentation a I'ordre du jour. 5.11 That the letter from Millidgeville PEAK requesting funding be referred to the City Manager. 5.11 Que la lettre de demande de financement de la part du responsable du projet PEAK de Millidgeville soit transmise au directeur general. 5.12 That the letter from the Saint John Industrial Parks Limited regarding board vacancies be referred to the Nominating Committee. 5.12 Que la lettre de Saint John Industrial Parks Limited [pares industriels de Saint John] concernant les postes a pourvoir au sein du conseil d'administration soit transmise au Comite des candidatures. 5.13 That the letter from Dance Team Canada requesting funding be declined. 5.13 Que la demande de financement figurant dans la lettre de Dance Team Canada soit refusee. 5.14 That the letter from Dennis and Janice Griffin requesting compensation for land be received for information. 5.15 That as recommended by the City Manager, Common Council approve the revisions to the 2008 Water & Sewerage Utility Fund Capital as outlined in the submitted report. 5.16 That as recommended by the City Manager, the proposal of ADI Limited for engineering services (design and construction management) for Braemar Drive and Parkhill Drive Sanitary Sewer and Watermain Renewal, Storm Sewer Extension and Street reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.17 That as recommended by the City Manager, the proposal from Dillon Consulting Limited for engineering services (design and management) fro Brunswick Drive and Paul Harris Street- Watermain and Storm Sewer Installation and Street reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.18 That as recommended by the City Manager, the quote from Aqua Data Atlantic for a five (5) year contract be accepted for the uni- directional flushing of the water distribution system in West Saint John. 5.19 That as recommended by the City Manager, the proposal of CBCL Limited for engineering services for the Water Action Plan be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. 14 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 5.20 That as recommended by the City Manager, the Contract 2008 -9: Watermain Cleaning & Lining, Phase 4, be awarded to the low tenderer, Alltech Solutions Inc., at the tendered price of $1,026,870.55 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.21 That as recommended by the City Manager, the engineering services agreement with CBCL Limited for engineering design and construction management for the Flow Monitoring- Water Distribution System project be increased from $73,758. to $114,438. as outlined in the submitted report. 5.22 That as recommended by the City Manager, the proposal of Crandall Engineering Ltd, for engineering services (design and construction management) for the Watershed protection facilities- Phase III project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.23 That as recommended by the City Manager, the Contract 2008 -01: Westgate Park — Sanitary Forcemain Renewal and Installation of Gravity Overflow be awarded to the low tenderer, Galbraith Construction Ltd., at their tendered price of $455,690.58 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.24 That as recommended by the City Manager, the Contract No. 2008 -18: Asphalt Concrete Resurfacing - 2008, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $1,752,744.41. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.25 That as recommended by City Manager that Contract No: 2008 -17: Champlain Drive (Traffic Circle to Grandview Avenue) — Street Reconstruction, be awarded to the low tenderer, Lafarge Canada Inc., at the tendered price of $1,124,773.75 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.26 That as recommended by City Manager that Contract No. 2008 -19: Expanded Asphalt Stabilization - 2008, be awarded to the low tenderer, Industrial Cold Milling, at the tendered price of $219,462.95 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.27 That as recommended by the City Manager, the report updating Council on the status of the Mountain Road- Street reconstruction project be received and filed. 5.28 That as recommended by the City Manager, the Contract 2008 -20: Chip Seal - 2008, be awarded to the low tenderer, Industrial Cold Milling Ltd., at the tender price of $153,441.29, as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.29 That as recommended by the City Manager: 1. Common Council approve a grant of $23,952. to Saint John Youth Minor Hockey Association to cover their subsidy deficit for the 2007 -2008 season, and that 2. Common Council give consideration to increasing the Minor Sports Subsidy funding from $183,000. to $207,000. in the 2009 budget deliberations. 5.30 That as recommended by the City Manager, the tender in the amount of $145,745. plus tax in 2008 for the Hilton Belyea Arena and $147,745. plus tax in 2009 for the Charles Gorman Arena, for the supply and installation of new arena boards be awarded to Sport Systems Unlimited of Waterloo, Ontario. 5.31 That as recommended by the City Manager, the tender, in the amount of $98,500.00., plus tax, for the supply and installation of a new roof at the Charles Gorman Arena be awarded to the low bidder Dowd Roofing Inc. of Saint John, NB as indicated on the enclosed summary of bids. 15 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 5.32 That as recommended by the City Manager, the tender for the supply of all necessary labour, materials and equipment required to reconstruct the Gorman Arena parking lot, submitted by Lafarge Canada Inc., in the amount of $263,483.80, be accepted. 5.33 That as recommended by the City Manager: 1. Common Council approve the request from School District 8 to assist in funding the lighting of the fields at Millidgeville North School; and 2. The $270,000. of the Building and Inspection Services capital budget be redirected to this request; and 3. As a condition of this funding the field is made available for general community use as agreed to by Leisure Services and School District 8. 5.34 That as recommended by the City Manager: 1. Common Council accept the proposal from the YM/YWCA to operate the Millidgeville Community Centre under the terms outlined in this report and submissions; and 2. The City Solicitor be directed to prepare the appropriate documents; and 3. The Mayor and Common Clerk are authorized to sign the agreement. 5.35 That as recommended by the City Manager, Common Council approve the engagement of the Glenn Group Ltd., in association with refresh Market Research, to undertake the scope of services detailed in the Qualitative Research Proposal, Reversing Falls- Lower River Passage, at a cost of $46,720. plus HST and that the net cost to the City be allocated from the 2008 Capital budget (Reversing Falls West). 5.36 That as recommended by the City Manager, the proposal submitted by Saint John Toyota for the supply of 1 only 2009 Camry Hybrid 4 door sedan in the amount of $29,521.50 plus tax, be accepted. 5.37 That as recommended by the City Manager, the Contract 2008 -14: Water Street Precinct — Saint Patrick (Three Sisters) Park Enhancements be awarded to the low tenderer, Wilson Builders (1978) Ltd., at the tendered price of $400,765.80 as calculated based on estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.38 That as recommended by the City Manager, the City of Saint John's Establishment be increased by one management position, to be referred to as a Real Estate officer, as provided for in the 2008 Operating Budget. 5.39 That pursuant to the recommendation of the City Manager, Patrick Woods is hereby appointed as trustee on the Board of Trustees under the City of Saint John Pension Act in place of the City Manager effective July 1, 2008. 5.40 That as recommended by the City Manager 1. Common Council schedule the public hearing for the rezoning application of 621946 NB Inc. (79 -81 Clovelly Drive) for Monday, June 23, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation; and 2. Common Council schedule the public hearings for the rezoning applications of Matrix Management Inc. (7 Pokiok Road) and Sierra Supplies Ltd. (640 Hillcrest Road) for Monday, July 7, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.41 That as recommended by the City Manager, Common Council approve the following: 1. The portion of Foley Court indicated on the attached map be rename to Pottery Court; and 16 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 2. The official street list be amended to include the name Pottery Court. 5.42 That as recommended by the City Manager, Common Council approve Residential Infrastructure Assistance for the S. Chaisson Construction Ltd. development at 140 Alma Street East, with an estimated expenditure of $36,000. 5.43 That as recommended by the City Manager, the 2007 PRO Kids Annual Report be received and filed. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5.14 Que la lettre de demande d'indemnite pour un terrain de Dennis et Janice Griffin soit acceptee a titre informatif. 5.15 Que, comme le recommande le directeur general, le conseil approuve les modifications du programme d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts pour 2008, tel que le souligne le rapport presente. 5.16 Que, comme le recommande le directeur general, la proposition presentee par 1'entreprise ADI Limited, relative aux services d'ingenierie (gestion de la conception et de la construction) afferents aux travaux de refection des promenades Braemar et Parkhill, au renouvellement de la conduite d'eau principale et des egouts sanitaires et au prolongement des egouts pluviaux de ces deux promenades, soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.17 Que, comme le recommande le directeur general, la proposition presentee par 1'entreprise Dillon Consulting Limited, relative aux services d'ingenierie (conception et gestion) afferents aux travaux de refection de la promenade Brunswick et de la rue Paul Harris et a l'installation de la conduite d'eau principale et des egouts pluviaux sur ces dernieres, soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.18 Que, comme le recommande le directeur general, la soumission presentee par 1'entreprise Aqua Data Atlantic, relative a I'etablissement d'un contrat de cinq (5) ans pour le ringage unidirectionnel du reseau d'aqueduc de Saint John Ouest, soit acceptee. 5.19 Que, comme le recommande le directeur general, la proposition de CBCL Limited visant Ies services d'ingenierie relatifs au plan d'action pour un reservoir d'eau potable soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.20 Que, comme le recommande le directeur general, le contrat no 2008 -9 relatif a la quatrieme etape du nettoyage et du revetement de la conduite d'eau principale soit accorde au soumissionnaire le moins- disant, Alltech Solutions Inc., au prix offert de 1 026 870,55 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer Ies documents contractuels necessaires. 5.21 Que, comme le recommande le directeur general, la convention des services d'ingenierie conclue entre CBCL Limited et la Ville, relativement a la gestion de la conception et de la construction du projet lie au systeme de distribution de I'eau — surveillance du debit, soit modifiee en faisant passer le montant de 73 758 $ a 114 438 $, comme le souligne le rapport presente. 5.22 Que, comme le recommande le directeur general, la proposition presentee par Crandall Engineering Ltd., relativement aux services d'ingenierie (gestion de la conception et de la construction) pour la phase III du projet d'installations de protection du bassin hydrographique, soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 17 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 5.23 Que, comme le recommande le directeur general, le contrat no 2008 -01 relatif au projet de renouvellement de la station de relevement et a ('installation d'un trop -plein par gravite au parc Westgate soit accorde au soumissionnaire le moins - disant, Galbraith Construction Ltd., au prix offert de 455 690,58 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.24 Que, comme le recommande le directeur general, le contrat no 2008 -18 visant le resurfagage au moyen de beton asphaltique pour 2008 soit accorde au soumissionnaire le moins - disant, Classic Construction Ltd., au prix offert de 1 752 744,41 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.25 Que, comme le recommande le directeur general, le contrat no 2008 -17 relatif aux travaux de refection de la promenade Champlain (du rond -point a I'avenue Grandview) soit accorde au soumissionnaire le moins - disant, Lafarge Canada Inc., au prix offert de 1 124 773,75 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.26 Que, comme le recommande le directeur general, le contrat no 2008 -19 visant le projet de stabilisation de I'asphalte expanse pour 2008 soit accorde au soumissionnaire le moins - disant, Industrial Cold Milling, au prix offert de 219 462,95 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.27 Que, comme le recommande le directeur general, le rapport de mise a jour presente au conseil visant a faire le point sur le projet de refection du chemin Mountain soit accepte et classe. 5.28 Que, comme le recommande le directeur general, le contrat no 2008 -20 relatif a la pose d'enduit superficiel pour 2008 soit accorde au soumissionnaire le moins - disant, Industrial Cold Milling, au prix offert de 153 441,29 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.29 Que, comme le recommande le directeur general : 1. le conseil communal approuve I'octroi d'une subvention de 23 952 $ a la Saint John Youth Minor Hockey Association pour eponger son deficit pour la saison 2007 -2008; et 2. que le conseil communal envisage la possibilite d'accroitre la subvention consentie aux ligues sportives mineures en la faisant passer de 183 000 $ a 207 000 $ lors des deliberations budgetaires. 5.30 Que, comme le recommande le directeur general, le contrat relatif a la fourniture et a ('installation de nouvelles bandes de patinoire a I'arena Hilton Belyea en 2008 et a I'arena Charles Gorman en 2009 soit accorde a Sport Systems Unlimited de Waterloo, en Ontario, aux montants respectifs de 145 745 $, taxes en sus, et de 147 745 $, taxes en sus. 5.31 Que, comme le recommande le directeur general, le contrat relatif a la fourniture et a ('installation d'un nouveau toit a I'arena Charles Gorman soit accorde au soumissionnaire le moins - disant, Dowd Roofing Inc. de Saint John, au Nouveau - Brunswick, au montant de 98 500 $, taxes en sus, comme I'indique le sommaire des soumissions ci- joint. 5.32 Que, comme le recommande le directeur general, la soumission pour I'approvisionnement de main - d'oeuvre, de materiaux et d'equipement necessaires a la refection du parc de stationnement de I'arena Gorman presentee par Lafarge Canada Inc., au montant de 263 483,80 $, soit acceptee. 5.33 Que, comme le recommande le directeur general 1. le conseil communal approuve la demande de financement du district scolaire 8 visant I'eclairage des terrains de I'ecole Millidgeville North; et 2. que la somme de 270 000 $ provenant du budget d'immobilisations des Services d'inspection et des batiments soit reaffectee a cette demande; et im 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 3. que ce financement soit conditionnel a la disponibilite du terrain aux fins d'usage general par la collectivite, comme convenu par les Services des loisirs et le district scolaire 8. 5.34 Que, comme le recommande le directeur general 1. le conseil communal accepte la proposition des YMCA et YWCA visant a exploiter le centre communautaire Millidgeville, sous reserve des modalites indiquees dans le rapport et les soumissions; et 2. que I'avocat municipal soit charge de rediger toute documentation exigee; et 3. que le maire et le greffier communal soient autorises a signer la convention. 5.35 Que, comme le recommande le directeur general, le conseil communal approuve 1'embauche de 1'entreprise Glenn Group Ltd., en association avec I'etude de marche recente, afin que 1'entreprise assume 1'etendue des services detailles dans la proposition de recherche qualitative intitulee Chutes reversibles — passage de la riviere inferieure, au cout de 46 720 $, TVH en sus, et que le cout net que la Ville devra debourser soit preleve du budget d'immobilisations de 2008 (ouest des Chutes reversibles). 5.36 Que, comme le recommande le directeur general, la proposition presentee par Saint John Toyota, relativement a la fourniture d'une seule Camry Hybride 2009, version berline a quatre portes, au montant de 29 521,50 $, taxes en sus, soit acceptee. 5.37 Que, comme le recommande le directeur general, le contrat no 2008 -14 visant les ameliorations apportees a la zone environnante de la rue Water et au parc Saint Patrick (Three Sisters) soit accorde au soumissionnaire le moins - disant, Wilson Builders (1978) Ltd., au prix offert de 400 765,80 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.38 Que, comme le recommande le directeur general, The City of Saint John cree un poste de gestion, a savoir agent immobilier, comme le prevoit le budget de fonctionnement de 2008. 5.39 Que, conformement a la recommandation du directeur general, Patrick Woods soit, par les presentes, nomme fiduciaire au sein du conseil de fiduciaires dans le cadre de la Loi suule regime de retraite de la ville de Saint John, a la place du directeur general, et ce, a compter du 1erjuillet 2008. 5.40 Que, comme le recommande le directeur general 1. le conseil communal fixe la date d'audience publique au 23 juin 2008, a 19 h, dans la salle du conseil, relativement a la demande de rezonage de 621946 NB Inc. (79- 81, promenade Clovelly), et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation; et 2. que le conseil communal fixe la date d'audience publique au 7 juillet 2008, a 19 h, dans la salle du conseil, relativement aux demandes de rezonage de Matrix Management Inc. (7, chemin Pokiok) et de Sierra Supplies Ltd. (640, chemin Hillcrest), et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.41 Que, comme le recommande le directeur general, le conseil communal approuve les changements suivants : 1. Que le nom du trongon de ('impasse Foley indique sur la carte ci- jointe soit remplace par impasse Pottery; et 2. que la liste des noms de rue off iciels soit modifiee pour y inclure le nom suivant : impasse Pottery. 5.42 Que, comme le recommande le directeur general, le conseil communal approuve la demande de projet d'amenagement du bien -fonds de S. Chaisson Construction Ltd. situe au 140, rue Alma Est, dans le cadre du programme d'aide a ('infrastructure residentielle, dont les depenses prevues s'elevent a 36 000 $. 19 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 5.43 Que, comme le recommande le directeur general, le rapport annuel 2007 de PRO Kids soit accepte et classe. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que les recommandations formulees relativement a chacun des points de la section Questions soumises a I'approbation du conseil soient adoptees. A ('issue du vote, la proposition est adoptee. 6. Members Comments 6. Commentaires presentes par les membres 7. Proclamation 7.1 The Mayor proclaimed the week of June 8th to June 14th, 2008 as St. John Ambulance Week in the City of Saint John. 7. Proclamation 7.1 Le maire declare que la semaine du 8 au 14 juin 2008 constitue la Semaine de I'Ambulance Saint -Jean dans The City of Saint John. 8. Delegations /Presentations 8. Delegations et presentations 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 443 Boars Head Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would amend Section 3.4.4 of the Millidgeville Secondary Plan (Development Area Design Guidelines- Projects and Proposals- Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme /Character": Apartments may also be developed on the parcel of land located at 443 Boars Head Road, a parcel of land, also identified as PID Number 00449553. 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal visant le 443, chemin Boars Head Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier I'article 3.4.4 du Plan secondaire de Millidgeville (lignes directrices relatives a la conception de secteurs d'amenagement : projets et propositions relatifs au secteur d'amenagement « D » : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique Thematique et caracteristique de I'amenagement » : des immeubles d'habitation peuvent egalement titre amenages sur la parcelle de terrain portant le NID 00449553, situee au 443, chemin Boars Head. 10.2 Proposed Municipal Plan Amendment- 199 Britain Street On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the proposed Municipal Plan Amendment for 199 Britain Street be referred to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, July 21, 2008 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. 10.2 Projet de modification du plan municipal relatif au 199, rue Britain Proposition du conseiller Titus 20 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan municipal visant le 199, rue Britain, soit transmis au Comite consultatif d'urbanisme en vue de 1'etablissement d'un rapport et de la presentation de recommandations, que la publication des avis a cet effet soit autorisee et qu'une audience publique ait lieu le Iundi 21 juillet 2008, a 19 h, dans la salle du conseil. A ('issue du vote, la proposition est adoptee. 10.3 Proposed Municipal Plan Amendment- 80 Crane Mountain Road On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Council not proceed with the proposed Municipal Plan Amendment for 80 Crane Mountain Road and that the application be denied. Question being taken, the motion was carried. 10.3 Projet de modification du plan municipal visant le 80, chemin Crane Mountain Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil ne procede pas a la modification du plan municipal proposee relativement au bien -fonds situe au 80, chemin Crane Mountain, et que la demande soit refusee. A ('issue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.0 Request for Presentation from UNBSJ (Mayor Court) On motion of Councillor Sullivan Seconded by Councillor Court RESOLVED that Dr. Robert MacKinnon, the new Vice President of UNB -Saint John be invited to make a presentation to Common Council about the future direction of the university at the next Council meeting on June 23, 2008. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.0 Demande de presentation par UNBSJ (maire Court) Proposition du conseiller Sullivan Appuyee par le conseiller Court RESOLU que le D' Robert MacKinnon, le nouveau vice - president du campus de Saint John de l'Universite du Nouveau - Brunswick, soit convict a donner une presentation devant le conseil communal au sujet de ('orientation future de l'Universite lors de la prochaine seance du conseil qui se tiendra le 23 juin 2008. A ('issue du vote, la proposition est adoptee. 11.1 Revenue (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council engage the services of a financial expert to analyze the current grant system and provide options for a new tax system that recognizes growth prosperity, a system that better serves not only the citizens of Saint John but all of the Cities of New Brunswick and the final report be presented to the Provincial Government task force that is currently analyzing the tax system and studying ways to reform to be combined with the services to be provided in item number 11.3. 21 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 Question being taken, the motion was carried with the Mayor and Councillors Court and Mott voting nay. 11.1 Revenu (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil retienne les services d'un expert financier pour analyser le systeme de subvention actuel et fournir des options aux fins d'etablir un nouveau regime fiscal qui reconnait la prosperite croissante, un regime qui servira mieux non seulement les citoyens de Saint John, mais egalement toutes les villes du Nouveau - Brunswick, et que le rapport final soit presente au groupe de travail du gouvernement provincial qui analyse actuellement le regime fiscal et etudie des moyens de le reformer de maniere a I'allier aux services a fournir figurant au point 11.3. A ('issue du vote, la proposition est acceptee. Le maire ainsi que les conseillers Court et Mott votent contre la proposition. 11.2 Recreational Services (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that a committee of Council enter into discussions immediately with the Exhibition Association to pursue the plan that they unveiled to create new facilities including an indoor soccer field on the lands owned by the Exhibition Association; and that the Committee report back to Council regularly, with this item being referred to the Nominating Committee, and that Council members express interest in sitting on the Committee to the Mayor. Question being taken, the motion was carried. 11.2 Services de loisirs (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU qu'un comite du conseil entame immediatement des discussions avec I'association d'expositions pour executer le plan qu'il a devoile afin de creer de nouvelles installations, y compris un terrain de soccer interieur sur les biens -fonds appartenant a I'association d'expositions, que le comite presente regulierement son rapport qui sera transmis au Comite des candidatures et que les membres du conseil manifestant de l'interet a sieger a ce comite l'indiquent au maire. A ('issue du vote, la proposition est adoptee. 11.3 Taxes (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council engage the services of a financial expert to analyze and to develop a realistic financial plan that would see the property tax rate reduced by a percentage of increase in the tax base and property tax assessment, to be combined with the services to be provided in item number 11.1. Question being taken, the motion was carried, with the Mayor and Councillors Court and Sullivan voting nay. 11.3 Impots fonciers (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil retienne les services d'un expert financier pour analyser et elaborer un plan financier realiste, qui permettrait que le taux d'impot foncier soit reduit par un pourcentage d'augmentation de l'impot de base et de 1'evaluation de l'impot foncier, et qui regrouperait les services devant titre fournis 22 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 au point 11.1. A ('issue du vote, la proposition est acceptee. Le maire ainsi que les conseillers Court et Sullivan votent contre la proposition. 11.4 Transit (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City put out a request for proposals Council for a Municipal transportation plan based on the principals of sustainability that would provide direction and guidelines for service standards and targets for transit, parking, active transportation and road infrastructure. Question being taken, the motion was carried with Councillor Court voting nay. 11.4 Transport en commun (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la Ville publie une demande de propositions pour un plan de transport municipal fonde sur les principes de durabilite qui fournirait ('orientation et les lignes directrices des normes de service et des cibles en matiere de transport, de stationnement, de transport actif et d'infrastructure routiere. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. 11.5 Water (Councillor Titus) On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that a committee of Council made up of the whole Council, be established to work with staff of Saint John Water and lobby the Federal and Provincial Governments to obtain funding for this vital project. Question being taken, the motion was carried. 11.5 Eau (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU qu'un comite du conseil compose de tous les membres du conseil soit etabli pour travailler avec le personnel de Saint John Water et exercer des pressions sur les gouvernements federal et provincial afin d'obtenir des fonds dans le cadre de ce projet vital. A ('issue du vote, la proposition est adoptee. 11.6 Water Treatment Planning (Deputy Mayor Chase) On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that Council direct staff to engage the relevant 3P experts to deliver a presentation to Council in the open Council session of September 15, 2008. (During discussions on the above, the Mayor withdrew from the meeting with the Deputy Mayor assuming the Chair.) Councillors McGuire and Titus withdrew from the meeting, at which time the Clerk advised that a quorum was lost and proceeded to request the members to return to the meeting, and the meeting resumed. (The Mayor re- entered the meeting and took the Chair.) 23 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 Question being taken, the motion was defeated with the Mayor and Councillors Titus, McGuire, Snook and Court voting nay. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council deal with items 13.4, 13.5 and 13.6 and then adjourn. Question being taken, the motion was carried. 11.6 Planification relative au traitement des eaux (maire suppleant Chase) Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le conseil mandate le personnel pour retenir les services d'experts pertinents en partenariat public -prive pour donner une presentation devant le conseil lors de la seance publique du conseil qui se tiendra le 15 septembre 2008. (Durant la discussion sur le sujet susmentionne, le maire quitte la seance, et le maire suppleant assume la presidence.) Etant donne que les conseillers McGuire et Titus ont quitte la seance, le greffier indique qu'il n'y a plus quorum. II demande aux membres de reintegrer la seance, puis la seance reprend. (Le maire revient et assume la presidence.) A ('issue du vote, la proposition est rejetee. Le maire ainsi que les conseillers Titus, McGuire, Snook et Court votent contre la proposition. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil traite des points 13.4, 13.5 et 13.6 et leve ensuite la seance. A ('issue du vote, la proposition est adoptee. 13.4 Committee of the Whole Report — Establishment of the Nominating Committee On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council approve the Committee of the Whole report establishing the Nominating Committee as follows: June 9, 2008 — June 8, 2009 Mayor Court, Councillors Titus, Snook and Sullivan June 9, 2009 — June 8, 2010 Mayor Court, Councillors Chase, and Mott June 9, 2010 —June 8, 2011 Mayor Court, Councillors Court and Farren, June 9, 2011 — May 15, 2012 Mayor Court, Councillors McGuire, Killen and Council member from Ward 2 Question being taken, the motion was carried. 13.4 Rapport du comite plenier relativement a I'etablissement du Comite des candidatures Proposition du conseiller Titus Appuyee par le conseiller McGuire 24 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 RESOLU que le conseil approuve le rapport du comite plenier etablissant les nominations au sein du Comite des candidatures comme suit : Du 9 juin 2008 au 8 juin 2009 Le maire Court ainsi que les conseillers Titus, Snook et Sullivan. Du 9 juin 2009 au 8 juin 2010 Le maire Court ainsi que les conseillers Chase et Mott. Du 9 juin 2010 au 8 juin 2011 Le maire Court ainsi que les conseillers Court et Farren. Du 9 juin 2011 au 15 mai 2012 Le maire Court, les conseillers McGuire et Killen ainsi qu'un membre du conseil du quartier 2. A ('issue du vote, la proposition est adoptee. 13.5 Committee of the Whole Report — Appointment to Police Commission On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Christopher Waldschultz be appointed to the Saint John Board of Police Commissioners for a three year term ending June 10, 2011. Question being taken, the motion was carried. 13.5 Rapport du comite plenier — Nomination au sein de la Commission de police Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que Christopher Waldschultz soit nomme pour sigger au Bureau des commissaires de la police de Saint John pour une periode de trois ans se terminant le 10 juin 2011. A ('issue du vote, la proposition est adoptee. 13.6 Committee of the Whole Report — Consent Order On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council hereby direct the City Solicitor or his designate to execute the Permanent Consent Order in the matter of The City of Saint John v. Allan A. Williams and Edgar Alan Williams (Cause No. S/M/18/2008), a copy of which is attached to correspondence dated the 28th day of May, 2008 addressed to Common Council from the City Solicitor. Question being taken, the motion was carried. Mayor Court advised that the meeting will resume tomorrow, Tuesday, June 10, 2008 at 4:30 p.m. in the Council Chamber and will commence with item 11.7. The meeting adjourned at 10:15 p.m. 13.7 Rapport du comite plenier relativement a I'ordonnance sur consentement Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal mandate, par les presentes, I'avocat municipal ou son representant pour signer I'ordonnance sur consentement permanente dans I'affaire The City of Saint John c. Allan A. Williams et Edgar Alan Williams (cause no S/M/18/2008), dont une copie est jointe a la Iettre de I'avocat municipal, datee du 28 mai 2008, qui est adressee au conseil communal. 25 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 A I'issue du vote, la proposition est adoptee. Le maire Court indique que la seance se poursuivra demain, le mardi 10 juin 2008 a 16 h 30, dans la salle du conseil, et que le point 11.7 sera le premier aborde. La seance est levee a 22 h 15. Tuesday, June 10, 2008 The Mayor reconvened the meeting which began on June 9, 2008, at 4:30 p.m., with the following present: present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, McGuire, Snook, Sullivan and Titus -and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; D. Parks, Police Force; P. Woods, Deputy City Manager; E. Gormley, Common Clerk Le mardi 10 juin 2008 Le maire declare que la seance reprend a 16 h 30 afin de prolonger celle tenue le 9 juin 2008. Sont presents Ivan Court, maire le maire suppleant Chase et les conseillers Court, McGuire, Snook, Sullivan et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; K. Forrest, commissaire a I'urbanisme et au developpement; D. Parks, service de police; P. Woods, directeur general adjoint; E. Gormley, greffiere communale. 11.7 Boil Order Incident (Deputy Mayor Chase) Deputy Mayor Chase advised that he wished to withdraw this item. 11.7 Incident relatif a I'avis de faire bouillir I'eau (maire suppleant Chase) Le maire suppleant Chase indique qu'il desire retirer ce point. 11.8 Auditor General Services (Deputy Mayor Chase) On motion of Deputy Mayor Chase Seconded by Councillor Snook RESOLVED that a committee of Council consisting of 3 Councillors and 3 citizens plus the Deputy Mayor undertake a study to examine the role of an Auditor General and the possible value to the City of Saint John and that this committee of Council make a recommendation to Council no later than November 30, 2008 and that appointments to this committee be referred to the Nominating Committee. The City Solicitor explained the independent role that the Treasurer, Mr. Yeomans, has and advised that he reports directly to Council. 26 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 On motion of Deputy Mayor Chase Seconded by Councillor Snook RESOLVED that the proposal of the Deputy Mayor to form a committee of Council examine the role of an Auditor General for the City, be referred to the proposed Process Meeting for Council. Question being taken, the motion was carried, with the Mayor and Councillors McGuire and Titus voting nay. 11.8 Services generaux du verificateur (maire suppleant Chase) Proposition du maire suppleant Chase Appuyee par le conseiller Snook RESOLU qu'un comite du conseil, compose du maire suppleant, de trois conseillers et de trois citoyens, entreprenne une etude en vue d'examiner le role d'un verificateur general et sa valeur possible pour The City of Saint John, que ce comite du conseil fasse une recommandation au conseil au plus tard le 30 novembre 2008 et que les nominations a ce comite soient transmises au Comite des candidatures. L'avocat municipal explique le role independant que joue M. Yeomans, le tresorier, et indique que ce dernier releve directement du conseil. Proposition du maire suppleant Chase Appuyee par le conseiller Snook RESOLU que la proposition du maire suppleant visant a former un comite du conseil afin d'examiner le role qu'un verificateur general pourrait jouer au sein de la Ville soit transmise lors de la reunion proposee sur le processus a laquelle assistera le conseil. A ('issue du vote, la proposition est acceptee. Le maire ainsi que les conseillers McGuire et Titus votent contre la proposition. 11.9 Enbridge Gas Agreement Concerning City Streets (Councillor Farren) On motion of Mayor Court Seconded by Councillor McGuire RESOLVED that the City Manager update Mayor & Council on an agreement the City has with Enbridge Gas to repair the streets that they tear up. Question being taken, the motion was carried. 11.9 Entente conclue avec Enbridge Gaz concernant les rues de la Ville (conseiller Farren) Proposition du maire Court Appuyee par le conseiller McGuire RESOLU que le directeur general fournisse un compte rendu au maire et aux membres du conseil de 1'entente que la Ville a conclue avec Enbridge Gaz relativement aux reparations des rues que 1'entreprise a endommagees. A Tissue du vote, la proposition est adoptee. 11.10 Habitat for Humanity Projects (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Court RESOLVED that City approve a grant for the Habitat for Humanities project at 17 St. Andrew Street equal to the costs of building permits and water and sewerage hook up charges, and that the item be referred to the City Manager bring back a report on the issue of grants for non profit agencies. Question being taken, the motion was carried. 27 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 11.10 Projets de I'organisme Habitat pour I'humanite (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Court RESOLU que la Ville approuve une subvention pour le projet de I'organisme Habitat pour I'humanite, situe au 17, rue St. Andrew, qui equivaudra aux couts de permis de construire et aux frais de branchement aux services d'aqueduc et d'egouts, et que ce point soit transmis au directeur general afin qu'il presente un rapport sur la question des subventions pour Ies organismes sans but Iucratif. A ('issue du vote, la proposition est adoptee. 11.11 Anti - whistling Legislation (Councillor Snook) On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that city staff bring forward a recommendation to Common Council on the feasibility of implementing anti - whistling legislation which would limit the use of train horns during specific hours in locations where railway crossings are in close proximity to residential neighbourhoods and people are subsequently affected. Question being taken, the motion was carried. 11.11 Legislation relative a ('interdiction d'utilisation de sifflet de train (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le personnel de la Ville fasse une recommandation au conseil communal en ce qui a trait a la faisabilite de mettre en ceuvre une legislation qui limiterait ('utilisation des sifflets des trains durant certaines heures precises dans Ies endroits o6 Ies voies ferrees sont situees a proximite des quartiers residentiels, car certaines personnes en subissent le contrecoup. A ('issue du vote, la proposition est adoptee. 11.12 Government Funding for Port Infrastructure (Councillor Farren) On motion of Mayor Court Seconded by Councillor McGuire RESOLVED that the Mayor contact the Saint John Port Authority in order to work with the Port, our Provincial Government and the M.P. for our area to get A.C.O.A. to come to the table for our local port just like the C.E.D. did in Quebec for their ports. Question being taken, the motion was carried. 11.12 Financement du gouvernement pour ('infrastructure du port (conseiller Farren) Proposition du maire Court Appuyee par le conseiller McGuire RESOLU que le maire communique avec I'Administration portuaire de Saint John afin de travailler de concert avec cette derniere, le gouvernement provincial et le depute de la region afin d'obtenir I'appui de I'Agence de promotion economique du Canada atlantique (APECA) en ce qui a trait a notre port local, tout comme le Developpement economique Canada (DEC) I'a accorde au Quebec pour ses ports. A ('issue du vote, la proposition est adoptee. W 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 11.13 Building Sustainable Neighbourhood Plans for Lorneville and Westfield Road Area (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the City Manager present to Mayor and Council a Sustainable Neighbourhoods Planning Framework for the neighbourhoods of Lorneville and Westfield Road area which should include time lines for implementation, as well as communication strategy to maximize citizen engagement. The City Manager advised that he will discuss the issue with City staff to determine if there is anything that can be done in the meantime before a planning framework is developed. Question being taken, the motion was carried. 11.13 Elaboration de plans de developpement de quartiers durables visant le secteur des chemins Lorneville et Westfield (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le directeur general presente au maire et aux membres du conseil un cadre de planification relatif aux quartiers durables dans le secteur des chemins Lorneville et Westfield qui devrait comprendre le calendrier de mise en ceuvre ainsi que la strategie de communication visant a maximiser la mobilisation des citoyens. Le directeur general mentionne qu'il discutera de ce sujet avec le personnel de la Ville afin de determiner si des demarches peuvent titre entreprises entre- temps, avant I'elaboration du cadre de planification. A I'issue du vote, la proposition est adoptee. 11.14 Improving Municipal Plans and Policies to Enhance Development of Affordable Housing in Saint John (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Mayor & Council direct the City Manager to undertake a review of the relevant Municipal Plans and Policies that impact Affordable Housing Development in the City of Saint John and report back with recommendations. Question being taken, the motion was carried. 11.14 Amelioration des politiques et des plans municipaux pour stimuler I'amenagement des logements abordables a Saint John (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le maire et les membres du conseil mandate le directeur general pour entreprendre un examen des politiques et des plans municipaux pertinents qui ont une incidence sur I'amenagement de logements abordables dans The City of Saint John, et que ce dernier presente un rapport contenant des recommandations. A I'issue du vote, la proposition est adoptee. 11.15 Crescent Valley Summer Storytent Reading Program for Children and Union Street Affordable Housing Project (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the Mayor contact the appropriate Provincial Government Departments to seek a positive outcome with respect to two important Social Infrastructure Projects. 29 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 Question being taken, the motion was carried. 11.15 Programme Summer Storytent Reading destine aux enfants dans le secteur de la vallee Crescent et projet de logements abordables visant la rue Union (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le maire communique avec les ministeres gouvernementaux provinciaux concernes en vue d'obtenir des resultats favorables en ce qui a trait aux deux importants projets sociaux en matiere d'infrastructure. A ('issue du vote, la proposition est adoptee. 11.16 New Business Development Resource for West Side of Saint John (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the City Manager make arrangements with Enterprise Saint John to provide at least one dedicated business development resource (staff) whose sole focus will be to support business growth on the West Side of the City of Saint John. Question being taken, the motion was carried. 11.16 Nouvelles ressources en matiere de developpement economique pour le quartier West Side de Saint John (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le directeur general prenne un arrangement avec Enterprise Saint John pour fournir au moins une ressource (personnel) affectee a la creation d'entreprises qui aura pour seule tache de soutenir la croissance des entreprises dans le quartier West Side de The City of Saint John. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Committee Reports 13.1 Proposed Subdivision 2377 Loch Lomond Road On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that: 1. Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted photo- reduced Secord Subdivision tentative plan, including the proposed public streets and any necessary public utility easements. 2. Common Council assent to the proposed Land for Public Purposes dedications as illustrated on the submitted tentative plan having an approximate area of 2.18 hectares (5.39 acres). 3. Common Council authorize the release of a portion of an existing Land for Public Purposes dedication at the end of Gibbon Avenue, having an approximate area of 5185 square metres (55,813 square feet), and being the eastern portion of PID No. 55054266, as illustrated on the submitted tentative plan. 30 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 4. Common Council authorize the acceptance of a 6 metre (20 foot) wide drainage easement over proposed Lots 07 -07 & 07 -11 on the following conditions: (a) The drainage easement must be clearly shown on the final subdivision plan indicating the purpose thereof, as well as the necessary instruments registered against these lots giving the City of Saint John the right to maintain and improve the anticipated drainage course; and (b) The development of a drainage course within this easement be in accordance with a detailed drainage plan, approved by the Chief City Engineer, which will properly facilitate surface runoff from proposed Abigail Place over the mentioned proposed lots and into the anticipated ditch along proposed Secord Street. 5. Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, and the work associated for the drainage course over proposed Lots 07 -07 & 07 -11. 6. Common Council rename an undeveloped public street right -of -way adjacent to Karen Street from "Don Avenue" to " Secord Street." Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Projet de lotissement visant le 2377, chemin Loch Lomond Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que : 1. le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases conformement, de maniere generale, au plan de lotissement provisoire presente avec photo reduite pour le lotissement Secord, y compris les nouvelles rues publiques proposees ainsi que les servitudes pour services municipaux et d'utilite publique; 2. le conseil communal approuve I'affectation du terrain d'utilite publique proposee, d'une superficie approximative de 2,18 hectares (5,39 acres), comme le montre le plan provisoire presente; 3. le conseil communal autorise le desaisissement d'une partie d'un terrain d'utilite publique existant (qui constitue la partie est du NID 55054266), situe au bout de ('avenue Gibbon, d'une superficie approximative de 5 185 metres carres (55 813 pieds carres), comme le montre le plan provisoire presente; 4. le conseil communal autorise I'acceptation d'une servitude de drainage d'une largeur de 6 metres (20 pieds) sur les lots proposes 07 -07 et 07 -11, sous reserve des conditions suivantes : a) la servitude de drainage doit titre clairement indiquee sur le plan de lotissement final, ('usage doit titre precise et les actes necessaires doivent titre enregistres en vertu desdits lots accordant ainsi a The City of Saint John les droits de maintien et d'amelioration du cours du drainage prevu; b) I'amenagement du cours de drainage a l'interieur des limites de ladite servitude doit titre conforme au plan de drainage detaille approuve par l'ingenieur municipal en chef afin de permettre adequatement le ruissellement des eaux de surface depuis la place Abigail proposee jusqu'aux lots proposes susmentionnes et au fosse prevu le long de la rue Secord proposee; 5. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris 1'elaboration de plans de 31 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9 & 10, 2008 / Les 9 et 10 juin 2008 situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef ainsi que Ies travaux associes au cours de drainage sur Ies lots proposes 07 -07 et 07- 11; 6. le conseil communal renomme le droit de passage d'une rue publique non amenagee adjacent a la rue Karen qui s'appelait « avenue Don » pour le remplacer par « rue Secord >>. A ('issue du vote, la proposition est adoptee. 13.2 Proposed Subdivision 1205 Kennebecasis Drive On motion of Councillor McGuire Seconded by Deputy Mayor Chase RESOLVED that: 1. Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted tentative subdivision plan illustrating new public street, but without any private access, for eight fully serviced residential lots serviced by underground public utilities, as well as any necessary municipal services and public utility easements; and 2. Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and 3. Common Council authorize cost sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law; and 4. Common Council accept a cash -in -lieu Land for Public Purposes dedication for the proposed Peter & Jody Pappas subdivision. Question being taken, the motion was carried. 13.2 Projet de lotissement visant le 1205, promenade Kennebecasis Proposition du conseiller McGuire Appuyee par le maire suppleant Chase RESOLU que: 1. le conseil communal approuve le ou Ies plans de lotissement en une ou plusieurs phases, conformement, de maniere generale, au plan provisoire de lotissement presente delimitant la nouvelle rue publique, mais sans acces prive, qui comporte huit lots residentiels equipes raccordes aux installations d'utilite publique souterraines, de meme que toute servitude de services municipaux et d'entreprise de service public necessaire; 2. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris 1'e1aboration de plans de situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef; 3. le conseil communal autorise le partage des couts s'elevant au -dela des limites du projet de lotissement, conformement a I'article 26 de I'Arrete de lotissement; 4. le conseil communal accepte une compensation pour le terrain d'utilite publique en vue du projet de lotissement Peter et Jody Pappas. A ('issue du vote, la proposition est adoptee. 13.3 Assent for Public Utility Easement On motion of Councillor Court Seconded by Councillor Snook 32 93- COMMON COUNCIL / CONSEIL COMMUNAL June 9, 2008 / Les 9 et 10 juin 2008 RESOLVED that Common Council assent to 5 metre ± wide Public Utility Easements along the frontage of Lots 08 -1 and 08 -5 as illustrated in the submitted sketches. Question being taken, the motion was carried. 13.3 Approbation de la servitude d'utilite publique Proposition du conseiller Court Appuyee par le conseiller Snook RESOLU que le conseil communal donne son assentiment aux servitudes d'utilite publique, d'une largeur approximative de 5 metres, situees en bordure des lots 08 -1 et 08 -5, comme le montrent les croquis presentes. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence On motion of Councillor McGuire Seconded by Deputy Mayor Chase RESOLVED that the letter from Frank Rodgers on Tax Concession be received for information. Question being taken, the motion was carried. 15. Correspondance generale Proposition du conseiller McGuire Appuyee par le maire suppleant Chase RESOLU que la lettre de Frank Rodgers relative a I'allegement fiscal soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 16. Adjournment On motion of Councillor Court Seconded by Councillor Sullivan RESOLVED that the meeting of June 9th and 10tH 2008 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 6:00 p.m. 16. Levee de la seance soient levees. Proposition du conseiller Court Appuyee par le conseiller Sullivan RESOLU que les seances du 9 et du 10 juin 2008 A ('issue du vote, la proposition est adoptee. Le maire declare que la seance est levee a 18 h. Mayor /maire Common Clerk/greffiere communale 33 IT -- Bill To Mayor a Council From: Lorne Daltrop Producer, Rising Tide Productions 929 Dever Road, Saint John, NB (506)632 -1801 - teaclipperl@gmail.com Dear Mayor a Council, I'm writing Mayor and Council to ask for your support. I intend to produce a documentary video this summer on the benefits of the Marsh Creek Restoration Initiative as proposed by Tim Vickers from the Atlantic Coastal Action Program. The purpose of the documentary would be to inform the community about the benefits of restoring the 11 kilometre Creek once raw sewage is diverted away from the watershed. The timetable for the MCRI would coincide with completion of the sewage treatment system - cornerstone of Harbour Cleanup. A documentary would represent an opportunity to build on long- standing community efforts to protect and enhance our natural features. It would put Saint John on the map as a leader in community -based environmental decision - making and environmental protection for generations to come. With an expanding economy, the MCRI has the potential to harnesses the opportunity to bring public, private and non- government partners together in support of community sustainability, investment and stewardship for natural areas and independent recreational options. As Saint John moves towards more sustainable developments, definitive projects like the MCRI will be proof to the community there is commitment to this process. A documentary on the MCRI would help to solicit community input and provide potential developers with a sense of how they could meet their environmental compensation requirements. A letter of support from Mayor & Council would demonstrate your belief in the project and help solicit funding from Film New Brunswick and other potential sources for the documentary and would be greatly appreciated. Y s truly, Lorne Daltrop Producer, Rising Tide Productions 34 (44-�� TRANSIT INFORMATION LORNE F. LAWLESS TRANSIT CENTRE (506) 658 -4700 951 FAIRVILLE BLVD. / 951 SOUL. FAIRVILLE w .cityofsaintjohn.com SAINT JOHN, N.B. CANADA/ SAINT JOHN, (N. -B.) CANADA E2M 5T9 GENERAL OFFICES (506) 658 -4710 SAINT JOHN FAX (506) 558 -4704 May 22, 2008 Your Worship Ivan Court And members of Common Council City of Saint John Y.O. 1971 Saint John, NB E2L 41-1 Dear Mayor Court and Councillors: Re: Saint John Transit Commission Budget Concerns At the Saint John "Transit Commission meeting of May 17, 2008, the Commission reviewed the first quarter financial results, which show our operation to be over budget by $217,000. Since late December of 2007, Saint John Transit has been experiencing diesel fuel prices well above our budgeted level and this has made meeting budget for 2008 unachievable, particularly since our original budget request was reduced. The Commission has requested that I advise Common Council of this concern. We are also aware that this particular problem is common to transit systems throughout Canada. Yours truly, SAINT J014N TRANSIT COMMISSION ,IichaelIlunter, 'Chairman 35 1,11111 IRK, 1 M &C2008 -160 June 19, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: DESIGN AND CONSTRUCTION MANAGEMENT: SPAR COVE ROAD WASTEWATER LIFT STATION PURPOSE The purpose of this report is to update Council on the status of the Spar Cove Road — Wastewater Lift Station project. BACKGROUND On June 6, 2002 (M &C 2002 -201), Council approved the engagement of ADI Limited to provide design and construction management services for the above noted project. The consultant's fee for design and construction management of the Spar Cove Road Wastewater Lift Station at that time was $460,000 including HST. ADI limited completed the design drawings and tender documents for the Spar Cove Road Wastewater Lift Station in 2003. This project was never tendered as the City did not have a funding agreement with the other levels of government for cost sharing. ANALYSIS The New Brunswick Department of Environment will review the tender documents for the Spar Cove Road Wastewater Lift Station and the Minister of the Environment will issue an "Approval to Construct" for this lift station. Any "Approval to Construct" issued by the province now requires the design team to provide full time inspection services during construction of lift stations and the associated piping systems. The proposal submitted by ADI Limited in 2002 for the above noted project included part time inspection services during construction of the lift OR M & C 2008 — 160 June 19, 2008 Page 2 station. The City has requested ADI to revise the upset fee from part time inspection services to full time inspection services to meet the new requirements in the provincial "Approval to Construct ". ADI Limited proposed the construction management services upset fee be increased by $49,500 including HST for the change in engineering services from part time inspection to full time inspection. The original Request for Proposal sent to ADI Limited contained a detailed project scope and described the proposed schedule for the construction of the Lift Station. The ADI Limited proposal included construction management services for the construction of the Spar Cove Road Lift Station in 2003. The City of Saint John was not successful in obtaining a funding agreement for the Spar Cove Road Lift Station at that time. The construction of the Spar Cove Road Lift Station will not occur until the fall of 2008 at the earliest and the construction schedule has been delayed by five years. ADI Limited proposed the construction management services upset fee be increased each year by 4% based on the Consulting Engineering Services Price Index. This results in an increase of $28,500 including HST for the change in engineering fees from 2003 to 2008. Where the design drawings and specifications for the Spar Cove Road Wastewater Lift Station were completed in 2003, ADI Limited was requested to update the completed design drawings to meet the 2008 City General Specifications, National Building Code and other national standards. ADI Limited has proposed an upset fee of $82,320.50 including HST to update the design drawings and specifications to meet these new standards so the project can be tendered later this summer. INlerver" KV M101im s[4L118WNW The consultant's upset fee of $460,000, (not including the City's eligible HST rebate) was derived from the original Spar Cove Road Wastewater Lift Station project scope. The increased scope will require the consultant to perform additional work over an extended period of time. The final cost for design and construction management services for this project is expected to be $620,320.50. There is adequate funding within the project budgets to cover this additional cost. RECOMMENDATION It is recommended that the engineering services agreement with ADI Limited for engineering design and construction management of the Spar Cove Road Wastewater Lift Station project be increased from $460,000 to $620,320.50 as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, P. Eng. Commissioner City Manager Municipal Operations & Engineering KFI 1,11111 IRK, 1 M & C 2008 -163 June 17, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Design & Construction Management Rockwood Park Redevelopment Project PURPOSE The purpose of this report is to make a recommendation for the design and construction management services for the Rockwood Park Redevelopment Project. BACKGROUND The following projects were approved by Council under the 2008 General Fund and Water & Sewerage Utility Fund Capital Programs and the Rockwood Park Redevelopment Plan: Project Location Description Other City Share Share Rockwood Mount Pleasant Road reconstruction at $1,000,000 $2,000,000 Park /Lily Lake Ave. & Lake Dr. entrance to Park and Redevelopment South landscape around Pavilion Plan Lake Dr Bridges Duck Pond end Design of bridges and dam in $272,750 & Dam of Lily Lake preparation for construction in 2009 Mount Pleasant Civic 4400 to Renew & relocate 270m of $180,000 Ave. Rocky Terrace 200mm sanitary sewer Mount Pleasant Civic 4400 to Renew & relocate 270m of $340,000 Ave. Rocky Terrace, existing and install 170m of including Arrow new 250mm watermain Walk Rd. 01-V M & C 2008 -163 June 17, 2008 Page 2 The projects include the funding necessary to engage consulting services to complete the following: • Site survey and preliminary investigation • Preliminary design, cost estimates and design report • Public consultation • Detailed design • Inspection services and construction management I_V►I_11rWI R On April 28, 2008, Common Council approved a recommendation authorizing staff to conduct the necessary negotiations for the engagement of BDA Landscape Architects to carry out design and construction management services for the Rockwood Park Redevelopment Project. On May 15, 2008, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting services was requested from BDA Landscape Architects. In response to this request BDA Landscape Architects submitted a proposal on June 3, 2008. A Review Committee of staff completed an analysis of the submission • Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering • Dave Logan, CPPB Purchasing Agent / Manager, Materials & Fleet Management • Bernie Morrison Commissioner, Leisure Services • Dean Price, P.Eng. Municipal Engineer, Municipal Engineering • Peter J. Hanlon, P.Eng. Chief Water Quality Inspector Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the BDA Landscape Architects proposal. The submission from BDA Landscape Architects met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost - effective bid for the project. [ell M & C 2008 -163 June 17, 2008 Page 3 FINANCIAL IMPLICATIONS The proposed cost of work from BDA Landscape Architects to provide design and construction management services is approximately $540,845.30 including the City's eligible HST rebate. A total amount of $3,792,750 was included in the 2008 General Fund Capital Program and the 2008 Water & Sewerage Utility Fund Capital Program for design, construction management and construction. Consulting fees to cover the cost of design and construction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the consulting services required. This upset fee is approximately 14.2% of the total overall project cost, which is considered appropriate for this type of project. RECOMMENDATION It is recommended that the proposal of BDA Landscape Architects for consulting services (design and construction management) for the Rockwood Park Redevelopment Project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager !9i7 1,11111 IRK, 1 M & C 2008 -169 June 19, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2008 -14: Water Street Precinct Saint Patrick (Three Sisters) Park Enhancements BACKGROUND The 2008 General Fund Transportation Capital Program includes funding for the upgrading of Saint Patrick Park located at the southern end of Water Street. The work consists generally of the supply of all necessary labour, materials and equipment for the removal of existing asphalt concrete and gravel surface, concrete sidewalk, lawn, top soil, including installation of approximately 92 m of concrete curb, 38 m of concrete curb and gutter, 99 m2 of regular concrete sidewalk, 258 m2 of coloured concrete sidewalk, 50 m2 of clay brick pavers, 70 m2 of concrete pavers and 10 m2 of granite pavers. The work also includes the relocation of the existing Celtic Cross, installation of benches, trash receptacles, interpretative panel bases, granite posts, metal railings, street lighting, flood lights, landscaping and other related work. Common Council, at its meeting of April 11, 2007, authorized the Saint John Waterfront Development Partnership to negotiate a contract with Daniel K. Glenn Ltd. (recently renamed Glenn Group Ltd.) to provide design services for Saint Patrick (Three Sisters) Park as well as for Saint Andrew's Park, Broad Street Plaza and Pugsley Park. TENDER RESULTS Tenders closed on May 13, 2008, for Saint Patrick Park with three tenders being received and the tender prices were announced as follows: 1. Wilson Builders (1978) Ltd., Fredericton, NB $400,765.80 2. Fairville Construction Ltd., Saint John, NB $428,134.40 3. Maguire Excavation Ltd., Saint John, NB $481,086.20 41 M & C 2007 -169 June 19, 2008 Page 2 The consultant's estimate for the work was $291,979.00 ANALYSIS On June 9, 2008 (M &C 2008 -148), Common Council awarded Contract 2008 -14: Water Street Precinct — Saint Patrick (Three Sisters) Park Enhancements project to Wilson Builders (1978) Ltd. at their tendered price of $400,765.80. Glenn Group Ltd., the consultant for this project, was requested to review the three tenders and Municipal Operations staff prepared the Report to Council (M &C 2008 -148) with the understanding that Glenn Group had reviewed the tenders as requested and that all tenders were formal in all respects. Following the tender award by Council and upon receiving the Agreement for the execution of the contract, Wilson Builders advised staff by letter that a mathematical error was discovered in their tender price. In accordance with item 2.18 (a) of Division 2 of the General Specifications, the math error has been corrected resulting in Wilson Builders tender price being $442,010.80 which is higher than the tender price of $428,134.40 submitted by Fairville Construction. On June 18, 2008, a letter was sent to Wilson Builders to inform them that a report would be submitted to Council on June 23, 2008, recommending that Council rescind their motion that awarded Contract 2008 -14 to Wilson Builders, and further that Contract 2008 -14 be awarded to Fairville Construction. The tenders have been reviewed by staff and all tenders were found to be formal with exception of the tender submitted by Wilson Builders which contained a math error as described above. Staff is of the opinion that the low tenderer, Fairville Construction, has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The difference between the low tender and the consultant's original estimate is $136,155.40 ($428,134.40 - $291,979.00). After reviewing the consultant's estimate in detail and comparing it to the tendered prices, staff are of the opinion that the consultant's estimate was low for various items contained in this contract. Staff are of the opinion that the tendered prices more closely reflect the actual cost of the work components. In addition, it was discovered that the Consultant had not included the HST in their estimate. After allowing for the HST, the consultant's estimate was calculated to be $329,936.27. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. _,y M & C 2007 -169 June 19, 2008 Page 3 FINANCIAL IMPLICATIONS The contract includes work that is charged against the 2008 General Fund Capital Program. An analysis has been completed which includes the estimated amount of work that will be performed by City forces and others. The cost analysis concludes that a total amount of $446,000.00 was provided in the General Fund budget for Saint Patrick Park and that the projected completion cost of the project included in this contract and also for work to be done by City forces and others is estimated to be $440,466.59, including the City's eligible HST rebate — a $5,533.41 positive difference in the General Fund Capital Program. The amount of $446,000.00 provided in the General Fund Capital Program, as identified above, includes $136,000.00 under City share and $310,000.00 under Other share. The amount of $310,000.00 is to be recovered from other sources. Further, additional work under the project that is to be completed by "others" includes consulting services for design and construction management, asphalt concrete, Portland cement concrete and soils testing. RECOMMENDATION It is recommended that Common Council: Rescind their motion of June 9, 2008, to award Contract 2008 -14: Water Street Precinct — Saint Patrick (Three Sisters) Park Enhancements to Wilson Builders (1978) Ltd.; and Award Contract 2008 -14: Water Street Precinct - Saint Patrick (Three Sisters) Park Enhancements to the low tenderer, Fairville Construction Ltd., at the tendered price of $428,134.40, as calculated based on estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 43 1,11111 IRK, 1 M &C2008 -170 June 19, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2008 -25: Glen Road and Simpson Drive Extension Cross Culverts BACKGROUND The 2008 General Fund Capital Program Storm category includes funding for the renewal of existing cross culverts at Glen Road and Simpson Drive Extension. The work consists generally of the supply of all necessary labour, materials and equipment for the excavation, installation and backfilling of a 14.6m long 2400 x 1200mm precast concrete box culvert on Glen Road, a 12.2m long 3000 x 1200mm precast concrete box culvert on Simpson Drive Extension, placement of temporary bypass piping, removal and disposal of existing 1600mm diameter corrugated steel pipe culverts at each location, a temporary bypass road at the Glen Road site, approximately 17m of 375mm culverts, rip rap headwalls and channel work at the Glen Road site, rock filled gabion headwalls and channel rip rap at the Simpson Drive Extension site, a new water service by the Simpson Drive Extension site, erosion and sediment controls, plus all the necessary appurtenances, and street and property restoration as noted on the Drawings. TENDER RESULTS Tenders closed on June 17, 2008, with the following results: 1. L. Halpin Excavation Limited, Saint John, NB $318,394.92 2. H. E. Merchant and Sons Ltd., St. George, NB $319,858.93 44 M & C 2007 -170 June 19, 2008 Page 2 3. Gulf Operators Ltd., Saint John, NB $331,237.46 4. Galbraith Construction Ltd., Saint John, NB $354,886.44 5. Debly Enterprises Ltd., Saint John, NB $375,504.65 6. Fairville Construction Ltd., Saint John, NB $439,073.70 The consultant's estimate for the work was $350,055.00 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects, with the exception of an error in mathematics related to the tender submitted by H.E. Merchant & Sons Ltd. The math error was corrected in accordance with Division 2 — Instruction to Tenderers and Tendering Procedures, Section 2.18(a) with the corrected amount reported herein. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The contract includes work that is charged against the 2008 General Fund Capital Program. Assuming award of the contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $400,000 was provided in the budget and that the projected completion cost of the project is estimated to be $353,846.57, including the City's eligible H.S.T. rebate — a $46,153.43 positive difference. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in the report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. !16'7 M & C 2007 -170 June 19, 2008 Page 3 RECOMMENDATION It is recommended that Contract 2008 -25: Glen Road and Simpson Drive — Cross Culverts be awarded to the low tenderer, L. Halpin Excavation Limited, at the tendered price of $318,394.92 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager !11:1 1,11111 IRK, 1 M &C2008 -171 June 19, 2008 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council: SUBJECT: ENGINEERING DESIGN SERVICES: WESTFIELD ROAD TRANSPORTATION AND STORM WATER SYSTEMS UPGRADES Illi'Ai01 wel=8me.=taAZ 111 .al The purpose of this report is to make a recommendation for consulting engineering services for the project. BACKGROUND The approved 2008 General Fund Capital Program includes one project for the preliminary design of Westfield Road from Route 4177 to Bay Street. Common Council subsequently approved a second project for the detailed design of a portion of this road, namely Route 4177 to Highfield Avenue, be added to the 2008 Program (M &C 2008 -28). These two design projects will be managed as one for coordination and efficiency purposes. The combined project includes the funding necessary to engage engineering services to complete the following: • site survey and preliminary investigation, • public consultation process, • preliminary design, and design report with cost estimates, • detailed design for the above - mentioned section only. Highlights of this project include the design of sidewalks and bike lanes, communications with Active Transportation Saint John in achieving their mobility vision and involvement of the River Road Community Alliance throughout the design process. !fl M &C2008 -171 June 19, 2008 Page 2 ANALYSIS On April 7, 2008, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from the Terrain Group Inc. In response to this request, the Terrain Group submitted a proposal on May 8, 2008. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Westfield Road Transportation and Storm Water Systems Upgrades project. A Review Committee of staff completed an analysis of the submission Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Tim O'Reilly, P.Eng., M.Sc.E. Manager, Pedestrian and Traffic Services Brett McLean, P. Eng. Municipal Engineer, Municipal Engineering Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Terrain Group's proposal. The Terrain Group submitted a revised proposal on June 11, 2008 after the Committee requested clarifications. Following a review of the revised proposal and further clarification, the Committee is satisfied that the submission from the Terrain Group meets all of the requirements of the request for proposal with a cost - effective bid for the project. Structural design work associated with an existing, provincially owned railway underpass in the detailed design portion of the project is not included in the scope of work requested for approval in this report. Design work specific to this structure will be required to permit the installation of a sidewalk and bike lanes because it is currently too narrow. A follow -up report to Council concerning this design work is expected after further communications with provincial representatives. FINANCIAL IMPLICATIONS The proposed cost of the work from the Terrain Group is approximately $229,202.00 including the City's eligible HST rebate. A total amount of $175,000.00 was included in the 2008 General Fund Capital Program between the approved preliminary and detailed design projects. The budget difference can be managed within the overall program envelope. !1[:] M &C2008 -171 June 19, 2008 Page 3 RECOMMENDATION It is recommended that the proposal of the Terrain Group Inc. for engineering design services for the Westfield Road Transportation and Storm Water Systems Upgrades project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager :1K 1,11111 IRK, 1 M &C2008 -172 June 19, 2008 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT NO. 2008-27 ROPE WALK ROAD —ROAD RECONSTRUCTION BACKGROUND The 2008 General Fund and Water & Sewerage Utility Fund Capital Programs include funding for the reconstruction of Rope Walk Road. The work consists generally of supply of all necessary labour, materials and equipment for the installation of various pipe sizes of watermain, sanitary and storm sewer plus all necessary appurtenances. The work also includes 1,060 m3 of road excavation, 384 m3 of imported pit run gravel subbase, 950 m3 of imported crushed gravel base, 910 m of concrete curb, 492 m of concrete sidewalk, placement of 740 t of asphalt concrete base course type "B" mix, 390 t of asphalt concrete surface course type "D" mix, 200 m2 of nursery sod and other related work. TENDER RESULTS Tenders closed on June 11, 2008, with the following results: Fairville Construction Ltd., Saint John, NB 2. Galbraith Construction Ltd., Saint John, NB 3. Debly Enterprises Ltd., Saint John, NB 4. Gulf Operators Ltd., Saint John, NB The Engineer's estimate for the work was $1,343,863.40. 67181 $ 1,092,334.84 $ 1,192,909.36 $ 1,3 62,15 5.11 $ 1,500,177.83 M & C 2008 — 172 June 19, 2008 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2008 General Fund Capital Program, Storm and Transportation categories and the Water & Sewerage Utility Fund Capital Program, Infrastructure Renewal Water and Sanitary categories. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $1,620,000.00 was provided in the budgets and that the projected completion cost of the project is estimated to be $1,059,307.56, including the City's eligible H.S.T. rebate - a $126,089.03 positive difference in the General Fund Capital Program and a $434,603.41 positive difference in the Water & Sewerage Utility Fund Capital Program. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No: 2008 -27: Rope Walk Road — Road Reconstruction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,092,334.84 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 51 1,11111 IRK, 1 M & C 2008 — 176 June 19, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT NO. 2008 -13: BRENTWOOD CRESCENT 900mm STORM SEWER RENEWAL BACKGROUND The 2008 General Fund (Storm) Capital Program includes funding for the renewal of a section of storm sewer on Brentwood Crescent. The work consists generally of the supply of all necessary labour, materials and equipment for the excavation, installation and backfilling of approximately 80m of 900mm storm sewer, 4m of 200mm storm sewer (catch basin lead), four (4) 100mm sanitary laterals with an approximate total length of 24m, four (4) water services with an approximate total length of 24m, one new 1500mm manhole and one new 750mm catch basin, plus all necessary appurtenances. Also included in this project is the construction of approximately 85m of concrete curb as well as concrete driveway reinstatement, street restoration and landscaping. TENDER RESULTS Tenders closed on June 18, 2008 with the following results: 1) Dean Construction Limited, Saint John, NB $90,388.70 2) Fairville Construction Ltd., Saint John, NB $94,139.17 3) H. E. Merchant and Sons Ltd., St. George, NB $146,357.60 4) Gulf Operators Ltd., Saint John, NB $148,479.74 5) Galbraith Construction Ltd., Saint John, NB $149,997.33 6% M & C 2008 -176 June 19, 2008 Page 2 6) Maguire Excavating Ltd., Saint John, NB $216,051.48 7) Debly Enterprises Ltd., Saint John, NB $394,980.20 The Engineer's estimate for the work was $128,433.54 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital project in the 2008 General Fund Capital Program. An analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $170,000.00 was provided in the budget for this project and that the projected completion cost of the project is estimated to be $107,903.42, including the City's eligible HST rebate - a $62,096.58 positive difference. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2008 -13: Brentwood Crescent — 900mm Storm Sewer Renewal be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $90,388.70 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 53 REPORT TO COMMON COUNCIL M & C — 2008 -166 20 June 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Domestic Hot Water System Replacement Fire Station 05, 55 Adelaide Street BACKGROUND: Consideration was given to replacing the domestic hot water system at Fire Station 45, 55 Adelaide Street when preparing the 2008 capital budget. 1. cil:y of saint Johdl Proposals were called for the replacement of the natural gas domestic hot water system at Fire Station # 5 which currently consists of one (1) 153,000 Btu /hr natural gas boiler, one (1) 60 Gallon indirect water heater and one (1) circulating pump. The object of this retrofit /upgrade is to provide adequate levels of domestic hot water as well as to reduce the total operating cost of the domestic hot water system. ANALYSIS: Four proposals were received and scored using established evaluation criteria by staff of the Building and Technical Services and Materials Management Departments. Proposals were received from: Direct Energy Dieppe, NB Master Mechanical Saint John, NB Leroy's Heating Saint John, NB Plumbers R UsSaint John, NB After final evaluation it was determined the submission from Direct Energy did not addess the requirements of the proposal call and for that reason was eliminated from further consideration. 54 PAGE TWO ANALYSIS.... Cont'd; Of the remaining 3 proposals the offer from Master Mechanical not only met all the City's requirements but was the lowest priced option of the 3 acceptable bids. It was for these reasons that the committee unanimously scored it as the best proposal based on an overall rating of the standard evaluation criteria i.e.; Submission and Presentation, Personnel and Company Experience, Technical Proposal and Cost. The system offered by Master Mechanical consists of one (1) Ultra 310 boiler and two (2) 80 gallon indirect hot water heaters. FINANCIAL CONSIDERATIONS: The total cost to replace the domestic hot water system at Fire Station 45, 55 Adelaide Street, if awarded as recommended will be $27,000 plus tax. This is a planned expenditure for which funds have been allocated in the Facilities Capital Budget. RECOMMENDATION: It is recommended that the proposal submitted by Master Mechanical for the supply and installation of a domestic hot water system at Fire Station 45, 55 Adelaide Street in the amount of $27,000.00 plus tax, be accepted. Respectfully submitted, David J. Logan Purchasing Agent --------------------- T.L. Totten, FCA City Manager 6161 M &C #2008 -179 His Worship Mayor Ivan Court and Members of Common Council The Cbklp Of Sb mt John Your Worship and Members of Council: SUBJECT: SALTY JAM FESTIVAL (FORMERLY JAZZ AND BLUES FESTIVAL) BACKGROUND: On April 22, 2008, Common Council gave directions to the City Manager that Council was prepared to sponsor an additional $9,500 in the Salty Jam Festival if contractual commitments could be arranged with a specific performer. Unfortunately, the sought after performer had rescheduled this performance date and was unavailable. However, the organizers have aggressively pursued other well known performers and it now appears that the Salty Jam Festival, once cancelled, is alive and well in 2008, with perhaps their best showcase of performers to date. The organizers are now seeking the additional funding to advertise the festival in the regional marketplace. Unfortunately, open session approval had not been obtained, hence the following: That the Commissioner of Finance be authorized to advance the Salty Jam Festival the sum of $9,500, the timing of which to be at the Commissioner's discretion. RECOMMENDATION: That the Commissioner of Finance be authorized to advance the Salty Jam Festival the sum of $9,500, the timing of which to be at the Commissioner's discretion. Respectfully submitted, Terrence L. Totten, FCA Gregory J. Yeomans, CGA, MBA CITY MANAGER COMMISSIONER OF FINANCE 671.1 M & C — 2008 -161 June 20, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Request for Renewal of a Temporary Mobile /Mini -Home 3396 Loch Lomond Road INTRODUCTION The Municipalities Act enables Common Council to include a provision in its Mobile Home Parks By -law in order to permit individual mobile homes, on a temporary basis not to exceed one (1) year, on properties that normally would not permit such structures due to their zoning designations. It has been Common Council's practice to consider these requests on a compassionate basis. Previous applications have involved the health of a family member, economic hardship, or a temporary approval so that a conventional home could be constructed in the future. Renewals have been granted in a number of cases allowing the mobile home to remain for many years. In September of 2006 Council requested that written notification be provided to surrounding property owners for any future applications of this nature. Letters have been sent to all landowners within 100 metres (300 feet) of the subject property concerning this matter. I_V►I_V IVARI V The subject site is zoned "RS -1 " One and Two Family Suburban Residential and in 1999 Common Council approved the temporary placement of a mini -home on the large parcel of land in question. The landowner's elderly parents wished to reside in the mini -home, which is situated approximately 107 metres (350 feet) from Loch Lomond Road. The applicant had indicated that the mini -home would 61h Report to Common Council Page 2 June 20. 2008 be removed when his parents no longer needed it. The applicant's father still resides in the mini -home and therefore, a further one -year extension is requested. Extensions were granted in 2000 through to 2007, with the exception of 2002 and 2006, when no applications for extensions were submitted. The mini -home site is screened by tall trees and is not readily visible from neighbouring properties along Loch Lomond Road. A long driveway access from the road is constructed to the mini -home and a separate well and septic disposal system has been installed. N.B. Department of Public Health Services has indicated that the site has been made suitable for a septic system that has been installed and is functional. Other public utilities have also been made available to the site. Building and Technical Services has been advised of the request for a subsequent extension and indicate that it has no issues with the application. RECOMMENDATION: That, pursuant to the Mobile Home Parks By -law, Common Council permit a mini -home to be situated on the large property at 3396 Loch Lomond Road for a temporary period of one (1) year. Respectfully submitted, Ken Forrest, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PF /mmf 6V M & C — 2008 — 168 June 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors SUBJECT: Proposed Public Hearing Date 1660 Manawagonish Road, 40 Mountain View Drive and 3795 Loch Lomond 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 Khalid Malik 1660 Manawa- "IL -1" "RM -1" To permit the gonish Road the building to be converted to apartments North Star Holdings 40 Mountain "RS -2" "R -2" & To permit a Ltd. View Drive "RM -2" mix of two - fam ily dwellings and apartment buildings Dan Estey 3795 Loch "RS -1" "RR" To permit a Lomond Road rural residen- tial subdivision 1 Report to Common Council RECOMMENDATION: Page 2. That Common Council schedule the public hearings for the rezoning applications of Khalid Malik (1660 Manawagonish Road), North Star Holdings Ltd. (40 Mountain View Drive) and Dan Estey (3795 Loch Lomond Road) for Monday, July 21, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF /r 61 M & C — 2008 -173 June 20, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Civic 0 Holland Street, PID 55118269 BACKGROUND: The owners of PID 300368 (0 Holland Street), a parcel of land divided into two lots separated by a City owned parcel, PID 55118269, have made inquiry as to the City's interest in selling its strip. The prospective purchaser hopes to consolidate the parcels for future development and the City, for its part, will expect the consolidation prior to any development. The parcel in question is a 206 sq. m. +/- narrow piece of land, 4.5 meters wide which had municipal infrastructure (water) within it. The aforementioned pipe has been abandoned and other portions of this strip of land have been sold to the adjoining land owners. The City's land could not be sold as a separate building lot, it does not have adequate width. Since the adjoining lands are owned by the offering party the City owned parcel cannot achieve a market value. That is not to say the lot doesn't have value, however its value is nominal. A negotiated price of $800 has been agreed to subject to Common Council's approval RECOMMENDATION: The City of Saint John sell the fee simple absolute interest in lands identified at PID 55118269 as shown on the attached sketch to Ritchie's Discount Warehouse Ltd. (or related company) for a purchase price of $800.00 plus H.S.T. (if applicable), plus a proportionate share of the real estate taxes levied, if any, on or before August 31, 2008 Respectfully submitted, Ken Forrest, MCIP, RPP Terrence Totten, FCA Commissioner, Planning Development City Manager BI /mmf AN M & C — 2008 -180 June 20, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: City Market BACKGROUND Staff has been approached by the City Manager, requesting background regarding the City Market management structure and current rental arrangements at the City M ark et. In July of 2004 Drummond Consulting was awarded a contract to perform leasing services at the City Market. At the time of engagement, the Stalls were leased at the By -law rate of $19.99 p.s.f. Council mandated Drummond Consulting to negotiate agreements with the stall operators customized to their operation recognizing that the space was worth more than $19.99 p.s.f and rents should be market driven. The current stall operator's scheme is attached for Council's perusal complete with current annual rent per square foot. At the time of this report three operators remain on the by -law rent schedule, the Meat vendors who have been over holding for a significant term and The Wild Carrot who has been over holding for a few months. In June of 2005 Common Council resolved to engage the services of Drummond Consulting under the terms and conditions as contained on the attached Agreement. The agreement with Drummond Consulting Ltd. is based on the Call for Proposals and City Market Vision as determined by the City as well as the proponent's accepted Proposal. The agreement is highlighted by the following terms and conditions. Term: Five years Commencement: June 1, 2005 Expiry: May 31, 2010 Fees: $88,600 p.a. Termination Right: Either party with 90 days notice prior to the second anniversary. 64 Report to Common Council June 20. 2008 Page 2 The proposal, as accepted offered services from a daily operating perspective, offered marketing support, financial analysis of tenants, tenant /public recommendations, as well as reporting on key indicators. The bench licensing program was considered a key component of revitalizing the market environment and traffic. The bench merchandising program has been implemented and now the market benches are home to more than 75 temporary operators annually. Revenue from the Bench merchandising program has increased in the order of 100% since its inception, generating approximately $65,000 annually. These bench operators may rent for a day, a week, several days or several weeks or up to a year at a time. Some are static and some are transient in their locations. The rental structure for Saturday bench vendors ranges from $20 per day to $40 per day on cruise ship days, $100 per week to $150 per week during cruise ship season. Monthly vendors are at $100 per week with 10% applied to sales over $1,000 per month. The exterior summer market commands $12.50 per day. With the goal of increasing operational effectiveness of the maintenance of the Market, in February 2007, the City entered into an agreement with Drummond Consulting for cleaning service of the solarium and washrooms during peak times of the business day. The cost is $37,580 per year and this includes two employees working 30 hours per week, 6 days a week. The responsibilities include maintaining cleanliness in the solarium, emptying waste receptacles, and daytime cleaning of the washrooms. RECOMMENDATION: Receive and file. Respectfully submitted, Wm. Edwards P. Eng Terence Totten, F.C.A. Commissioner City Manager Building Inspection and Facility Management BI /mmf 1 Unit # City Market Rental Scheme .. Operator Current Rent PSF 1&2 Linja Food /Gifts $23 3 Vacant 4 Olivier $32 5 Perry's Meats $20 6 W inegarden $36 7 Lord's $22 8 Sisters $24 9 Beckwith &Co. $22 10 Wild Carrott $20 11 Java Moose $25 12 Pete's Fruitique $22 13 Dean's Meats $20 14 Sagrati's $25 15 Slocum & Ferris $27 16 Kim's Korean Foods $27 17 Jeremiah's $26 18 Baking Stone $25 19 Baleman's Produce $23 20 Raymond's Deli $23 21 Billy's Seafood $20 22 Howard's Tobacco $21 23 Infusion Tea Room $21 .. N • `� C� .� N �� I� �IIII� ��III� II II � REPORT TO COMMON COUNCIL The City of Saint john M&C 2008 June 9, 2008 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Proposed Skateboard Park - Update BACKGROUND: Brief History: As far back as 1996 staffs of Leisure Services and the Police Force have been involved in securing an appropriate location for a skate park for the youth of Saint John. It was and still is hoped that this would remove skateboarders from unwanted venues by providing a safe place to apply their sport. Over the years a number of sites were considered but all were not acceptable. The project never got off the ground until 2001 as a result of a public meeting which was called due to clashes between skateboarders and residents in King's Square. As a result, a public meeting was held and it was recommended that a skate park be constructed for the skateboarders and that it should be located in the Uptown. The skate boarders formed the Fundy Skateboard Association (FSA) to provide a focus to the project. During the design phase of Harbour Passage, "Skateboard Eddys" were to be included to allow skateboarders to use the pathway and do their "tricks ". This was soon determined to be a major conflict with users. The architect for Harbour Passage (The Glenn Group) met with the FSA to assist in looking for a site that would be appropriate to build a park. The site under the Main Street Overpass was selected. As a trial run, Uptown Saint John had suggested that a temporary park be constructed to test its usage. A temporary park was installed July 1, 2002 on the east side of Harbour Station. There was great usage and many lessons were learned about location and usage. .: In the Fall of 2002, the FSA met with a consultant brought in by Waterfront Development to provide a strategy for future development of Saint John's Waterfront. This consultant recommended the site under the Main Street Overpass after considering a number of locations. As a result, Waterfront Development recommended the same location. City staff working with FSA met various stakeholders to seek permissions, input, funding, etc. FSA received a grant from the Province to prepare the design for the park under the Main Street Overpass at a cost of $6,000. At the meeting of Common Council of December 6, 2004, the final plans for the skateboard park were presented. Council past resolutions permitting the park to be built under the Main Street Viaduct and authorizing the hiring of Daniel K. Glenn Ltd to prepare the construction drawings and the tender documents for the project at a cost of $25,000. Preliminary estimates put the cost of the park at $500,000. FSA Raised $540,000. At the completion of the tender documents, it is estimated that the park would cost $700,000 to construct. FSA and city staff decided to take a different approach to the project. In 2007 the project was advertises as a design build project, all inclusive for $500,000_ Newline Skateparks Inc. was awarded the contract for $499,000. Throughout the project a number of permissions were required due to the land issues and utilities underground. As of May 2008, permission was given by the Department of Highways to proceed if certain requirements were met. This permission comes in the form of a Highway Usage Permit (HUP) which Council needs to give authorization to have signed. Site Selection: The site under the Main Street viaduct was chosen on two separate instances by two consulting firms as an appropriate location for a skate park in Saint John. The site was selected due to: ■ Location near waterfront and Harbour Passage for easy access and visibility ■ Location near Uptown for easy access and relocation of skateboarders ■ Location near Harbour Station for potential event partnerships ■ Open, visible area for security reasons and easy police patrol Viaduct provides protection from sun and inclement weather ■ No development opportunities other than parking ■ Easy access for public transportation ■ Easy to provide security lighting ■ Located away from residential areas Fits in the urban culture of the sport .• Permissions Required: City of Saint John (major land owner) City of Saint John Water and Sewerage Utility (underground pipes) Maritimes & North East Pipeline (underground gas pipe) New Brunswick Hydro (underground high tension wires) Province of New Brunswick Department of Transport (HUP required) NB Southern Railway (land access) Canadian National Railway (land access) Harbour Station Commission (parking lot) ANALYSIS: For the past few years there has been a growing interest in building a skateboard park in Saint John. The sport itself is growing as is evident of the numbers of youth participating in the various areas around the City. In many cases this is perceived as negative recreation but in reality is an opportunity for our youth to become active. The problem of skate boarders and perceptions are enhanced by the lack of an appropriate facility to apply their sport. Saint John has a number of youth who participate in the sport of Skateboarding. There has been a long desire to build a safe facility that the youth can apply their sport without leaving our community. The City has provided facilities in the past but these were not well built. It is the desire of staff to build a first class skate park for the youth of the City and to locate it where it is most accessible. This proposed project has been ongoing for nearly 7 years. It is now anticipated that the park may be constructed in September 2008. As time goes on due the various requirements for permitting and licenses, the cost of constructing the park is increasing. This may have an impact on the final product. Staff will report back to Council at various times to provide appropriate updates. INPUT FROM OTHERS: Planning and Development: There are 7 various interest holders involved in this proposed project; Harbour Bridge Authority, CN Rail& the Saint John Parking Commission, Province of New Brunswick (DOT), City of Saint John (former Mill St.), City of Saint John (Harbour Station) and Maritimes and Northeast Pipeline. Staff has had various discussions with the affected parties indicating the City is interested in acquiring early access rights to enter upon the lands as well as subsequent licenses or lease agreements for the ongoing maintenance and operation of the skate park. There have been a series of concerns cited by the various stakeholders which must be addressed. Staff will be negotiating through the various concerns and reporting to Council from time to time seeking approvals of the necessary agreements. 70 The concerns cited range from security to programming, design elements to impacts on parking at, and egress from, the Harbour Station parking lot. All the grantors will expect some level of indemnification from incidents which may occur as well as insurance considerations. Many of these concerns were experienced as the rights to build, operate and maintain Harbour Passage were being negotiated. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, i'son ' ion f Leisu ervices Terrence L. Totten, C.A. City Manager 71 M &C #2008 - June 23, 2008 T1w Cbkl, OfSbmtTAn His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: ECONOMIC DEVELOPMENT OFFICER FOR WEST SAINT JOHN At the last meeting, Common Council adopted a motion requesting Enterprise Saint John consider engaging or assigning an economic development officer to work exclusively on promoting the W estside to new and existing businesses. Following the meeting, the City Manager was contacted by two members of Saint John West Business Association Inc. This is the Association which has petitioned the City to create a W estside Business Improvement Area. At the moment, staff in the Clerk's Office are researching the appropriate process required to create a new "BIA ". In the end, however, it will be advertised and a public hearing will be held before Council. This is being mentioned because in discussions with the two executive members, it became apparent that Council's initiative in this regard may possibly interfere with the future direction of the proposed W estside BIA. In any event, the City Manager did subsequently meet with representatives of Enterprise Saint John and the two members of the Association's Executive. Enterprise officials took the time to review their mandate, their funding sources and their compliment of staff. It was clear after this review that Enterprise Saint John is not in a position to engage or assign an individual to exclusively promote W est Saint John. Such a decision would require not only additional funds, but would also be seen as watering down their regional approach to Economic Development. As so often is the case when such meetings are held, staff could not help but notice that both Enterprise Saint John and the W estside Association have information that could be beneficial to both. As a result, Enterprise Saint John and the Association have undertaken to increase communication between their two Associations. Finally, city staff did offer to have appropriate officials from Saint John Industrial Parks Ltd. and perhaps even Plazacorp make contact with the Association with the purpose of sharing success stories and future plans. The Association did appear pleased with this offer of assistance. �M Report to Common Council Subject: Economic Development Officer for West SaintJohn RECOMMENDATION: Page 2 That this report be received and filed and a copy be sent to Enterprise Saint John and to the Saint John West Business Association. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER 73 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: 117 UNION STREET In the fall of 2007, Common Council authorized the purchase of a property located at 117 Union Street with a closing date of January 31, 2008. Just prior to closing this transaction an issue arose as to a requirement of the City that the property be vacant at the time of closing and the authorized purchase did not close as intended. In any event, discussions have been ongoing with both the owners of the building and the tenant occupying the ground floor. A resolve to the various issues has been found and it is recommended that Council adopt the following resolution. RESOLUTION: RESOLVED That: 1. The City purchase the freehold title free from encumbrances, in the property at 117 Union Street having PID #37341 not later than seventy two (72) hours following the adoption of this resolution for the purchase price of $ 190,000.00, subject to normal adjustments, such purchase being upon condition that the Vendor has first executed and delivered to the City; a. A Discontinuance without costs of Cause Number S/C 146/08; and b. A Full Release in favour of the City in respect of the subject matter of Cause Number S/C/146/08; And that the City Solicitor or his designate is hereby authorized to execute the aforesaid Notice of Discontinuance; 2. The City lease to Lori Roy the ground floor premises of 117 Union Street upon the terms and conditions set out in the attached Lease dated June 19, 2008 with the City's contributing up to $400.00 toward Ms. Roy's legal expenses respecting such Lease; and that 74 Report to Common Council Subject: 117 Union Street Page 2 2. The Mayor and Common Clerk are hereby authorized to execute the documentation required to effect the foregoing. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER Wel OPEN SESSION M & C 2008 — 182 June 20, 2008 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT Designation of Building (Inspector for Enforcement Proceedings, 53 Elliott Row BACKGROUND The Buildings and Inspection Services Department has been dealing with property owner Beverly House Limited and its Director, Mr. Gordon Lewis, with respect to violations of the Minimjum Property Standards Bylaw at 53 Elliot Row (PID# 17269 and 55020226) since November 2005. This building houses 6 rooming units and 4 apartments. In April 2007, Judge Andrew LeMesurier of the Provincial Court issued a Court Order to Beverly House Limited requiring the property be brought into compliance with the Minimum Property Standards Bylaw and imposed a fine of $100.00. On October 15, 2007, Judge LeMesurier issued a second Court Order requiring compliance with the said bylaw and imposed a fine of $750.00. On February 8, 2008, the City again laid charges against Beverly House Limited for their continued non- gompliance of the October 2007 Court Order. On May 30, 2008, Jude LeMesurier presided at the trial for Beverly House Limited and heard evidence attesting to the deteriorated and life- threatening conditions of the building. During his sentencing, Judge LeMesurier urged the City to exercise all remedies to have the tenants vacated from the building. A third Court Order was issued by Judge LeMesurier and imposed a fine totaling $4,500.00. A copy of the newspaper article covering this trial has been provided for your reference. A total of 71 violations of the Minimum Property Standards Bylaw and New Brunswick Residential Properties Maintenance and Occupancy Code remain outstanding. The following represent life- safety hazards: 76 M & C 2008 — 182 - 2 - June 20. 2008 (i) Exterior wooden stairs, rising 3 stories and representing a second exit system for several units of the building, are in deteriorated condition and are structurally unsound. (ii) Some units of', the building are not provided with a means of second exit in the event of an emergency, such as a fire. (iii) Electrical conditions of the building are severely deteriorated. Due to this condition,'', the Provincial Electrical Inspector ordered the power cut to the building on June 16, 2008. At present, it should be noted that, persons 'continue to occupy the building. Our inspections concluded that many electrical receptacles in the building are improperly wired and there are conditions of exposed electrical wiring. (iv) Some units are, not provided with smoke detectors and other units have smoke detectors in improper locations. (v) Some units in the building are not properly identified and this poses a hazard of not finding the unit if medical or fire personnel are required on site. (vi) The rear stairs and landing contain rotted wood and are improperly supported by their footings. (vii) A number of clapboards and shingles on several faces of the building are precariously loose and in danger of falling on an occupant or passerby. (viii) Most of the doors to the units are not fire - rated. (ix) Some bedroom windows do not open to a sufficient size and one bedroom window does not open at all. This presents a life- safety hazard for reasons of potential escape if needed during a fire. (x) Fire separation that would allow for fire to remain compartmentalized allowing perso s sufficient time to exit, are breached or non - existent. In this building, the rear interior exit stairwell, basement exit path and the furnace room have no fire separations present. The Building Inspector would like to proceed to the Court of Queen's Bench of New Brunswick for an Order that: (i) Will require Beverly House Limited to have the building vacated within 15 days after the service of the Order (unless in the meantime the aforesaid life- safety violations have been remedied), and to keep 77 M & C 2008 — 182 -3 - June 20, 2008 the building vacated and secured against unauthorized entry until the aforesaid violations have been remedied; (ii) Will require Beverly House Limited to have all other outstanding violations of the Minimum Property Standards Bylaw and New Brunswick Residential Properties Maintenance and Occupancy Code remedied within such time the judge may direct and to the satisfaction of the Building Inspector; and (iii) Will require Beverly House Limited to pay court costs and disbursements to the City of Saint John in such an amount as the judge may consider appropriate. In order to pursue the alleged violations that require an application to be made to the Court of Queen's Belnch of New Brunswick, it is necessary that Common Council upon the recommendation of the City's Manager, to adopt a resolution designating the current Building Inspector, William Edwards, P. Eng., to initiate and proceed with an application. RECOMMENDATION The City Manager recommends that the following resolution be adopted, which was prepared by the City Solicitor and which would be appropriate for Council to adopt if it accepts his recommendation respecting this property. WHEREAS, Mr. William Edwards, P. Eng., is the Building Inspector and the Standards Officer for The City of Saint John and is responsible for the enforcement of such bylaws as the City's Building Bylaw and its Minimum Property Standards Bylaw, WHEREAS, Mr. Edwards, has advised, among other things, that: (i) The building ,(herein referred to as "the Beverly House Limited Building ") that is located at 53 Elliot Row, Saint John, N.B. (PID# 17269 and 55020226) is owned by Beverly House Limited, and (ii) The Beverly House Limited Building is used as an apartment building, and (iii) The Beverly ,House Limited Building continues to be in non- compliance of',71 requirements of the Saint John Minimum Property Standards Bj4aw and New Brunswick Residential Properties Maintenance and Occupancy Code notwithstanding the fact that two Provincial Court Orders were issued to Beverly House Limited by Judge Andrew LeMesurier on April 24, 2007 and October 15, 2007 and a Notice to Comply to Standards was issued by Amy Poffenroth, 78 M & C 2008 — 182 - 4 - June 20, 2008 P. Eng., a Standards Officer for The City of Saint John on January 19, 2006. WHEREAS, Mr. Edwards has further advised that the Beverly House Limited building continues to deteriorate and that the following violations of the Saint John Minimum Property Standards Bylaw and New Brunswick Residential Properties Maintenance and Occupancy Code present a life- safety hazard to persons occupying the Beverly House Limited building and to other persons entering into it: (i) Exterior wooden stairs, rising 3 stories and representing a second exit system for several units of the building, are in deteriorated condition and are structurally unsound. (ii) Some units of the building are not provided with a means of second exit in the event of an emergency, such as a fire. (iii) Electrical conditions of the building are severely deteriorated. Many electrical receptacles in the building are improperly wired and there are conditions pf exposed electrical wiring. (iv) Some units are not provided with smoke detectors and other units have smoke detectors in improper locations. (v) Some units in the building are not properly identified. (vi) The rear stairs and landing contain rotted wood and are improperly supported by their footings. (vii) A number of clapboards and shingles on several faces of the building are precariously loose and in danger of falling on an occupant or passerby. (viii) Most of the doors to the units are not fire- rated. (ix) Some bedroom windows do not open to a sufficient size as per the National Building Code and one bedroom window does not open at all. (x) Fire separationjs are breached or non - existent. The rear interior exit stairwell, basement exit path and the furnace room have no fire separations present. WHEREAS, Mr. Edwards has requested authority to apply to the Court of Queen's Bench of New Brunswick for an order that: 79 M & C 2008 — 182 - 5 - June 20, 2008 (i) Will require Beverly House Limited to have the building vacated within 15 days after the service of the Order (unless in the meantime the aforesaid life- safety violations have been remedied), and to keep the building vacated and secured against unauthorized entry until the aforesaid violations have been remedied; (ii) Will require Beverly House Limited to have all other outstanding violations of i, the Minimum Property Standards Bylaw and New Brunswick Residential Properties Maintenance and Occupancy Code remedied within such time the judge may direct and to the satisfaction of the Building Inspector; and (iii) Will require Beverly House Limited to pay court costs and disbursements !to the City of Saint John in such an amount as the judge may consider appropriate. THEREFORE, Be It Resolved, that Mr. William Edwards is hereby designated and authorized to make an application on behalf of The City of Saint John to the Court of Queen's Bench of New Brunswick, pursuant to the authority of the Municipalities Act for the 'aforesaid order. Respectfully submitted, Amy Poffenrot , P. Eng.,',MBA Terrence Totten, CA Buildings and Inspection Services City Manager :I . . ----' ............................ ............................... cd o as a, ra eyio tow E3 O o a a °J '�4� 3 p� 2 � v v I? 4 � Yowg "oa °� *� OA v 3 b aHVi 3 2 cu OR El C14' CD r+ Z .iii' .� •c S `o `� '� �' ra. � .�'''.' �° 'eb� p Is °'.�_'I•�,� 0 , -6 P.� Y a � •a .� C v v en o 0 N - NA 'LY cg iO V a•s c's A td H 3'pp a+_y �••� p uv., a •d R. p C7 m a.i 2! co ?4 'E7 .O O w A '�%' e `o `y - U m •a��i i'ia o -" F'- rfl O � � S � y � �O•� � q~ a H � � Q ° � O u O Y �y, � '� �N.+ 'ivy'° � �C•. '+� P O �'i .v5 �,� _� � � .p ;� a, pp�., i f F+•lV� : id tW O O 'Ey °� ,O E-C rv.. -A v y¢ '•� .� �d 'ate' �. �. ,V� °u `d •p°»,.9 A -T. Cps OOD FJ O ac ca td ki 4-j co 454 jo co lu O S-r G-a I .� UZ Flo qq �JI iq IZOI Ha3 O 0 4, I dx I w. v: v w o C• a, Lq 1�' Ia�aH i o 81 June 9, 10, 2008 Resolution RESOLVED that Dr. Robert MacKinnon, the new Vice President of U N B -Saint John be invited to make a presentation to Common Council about the future direction of the university at the next Council meeting on June 23, 2008. %ft Application for a Zoning By -law Amendment / Demande de modification a l'arretesur le . Brittain, Stephen J From: Brittain, Stephen J Sent: Wednesday, April 16, 2008 10:04 AM To: Randy Pollock (E -mail) Subject: Translated Application for a Zoning By law.doc Application for a Zoning By -law Amendment Demande de modification a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/ Nom du demandeur: 621946 NB me. (Stephen Brittain) Mailing Address of applicant / Addresse postale du demandeur Suite 500, 44 Chipman Hill, Saint John, N.B. Postal Code / Code postal E2L 2A9 tephone Number/ Numero de telephone Home / Domicile (506) 847 -4856 Work / Travail (506) 647 -3228 Fax Number / Numero de telecopieur (506)693 -3113 Name of Property Owner (if different) / Nom du proprietaire (si different) Page 1 of 4 Address / Adresse Postal Code / Code postal Property Information / Renseignements sur la propriete Location / Emplacement 79 -81 Clovelly Drive 00370858 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 727 sq. m. _ Street Frontage / Facade sur rue _33 m Existing Use of Property / Utilisation actuelle de la propriete _ � 7lakyJ to Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal Low density residential Amendment Requested / Modification )demandee Present Zoning / Zonage actuel 1`- X11 Change Zoning to / Modification du zonage a R-4 four family residential and /or / on 05/21/2008 83 Application for a Zoning By -law Amendment / Demande de modification a Farretesur le ... Page 2 of 4 Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 05/21/2008 84 Application for a Zoning By -law Amendment / Demande de modification a Farretesur le Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition To construct a triplex on the building lot identified above. You must provide a scaled site plan that illustrates _your proposal. You may also provide photographs, building plans, elevation draivings and any other _form ofinformation. The plan must show the dimensions of the property, the location ofall buildings, driveways, parking areas, landscaping and .signs. It is important that the distance between the property boundary and buildings are shown. Page 3 of 4 Vous devezfournir un plan du site 6 Pechelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propriete, l'emplacement de la totalite des bdtiments, des allees, des wires de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiyuer la distance entre les limites de la propri&,e et les batiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre approuv6es. _Lot size would allow the construction of a tri -plex . current plan shows construction of a duplex. Rezoning would allow better utilization of our resources. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre mile. This slight increase to density is located in an area that will see the construction of multi family units directly across the street. Signature of Applicant / Signature du demandeur Date _April 16, 2008 $400 Application Fee Enclosed / Ci -joint les frail de demande de 400 $ Ifyou are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature due proprietaire (s'il y a lieu) Si vous n'etes pas le proprietaire du terrain en question, veuillez obtenir la signature du proprietaire daps la partie ci- dessous. La signature du proprietaire autorisant le traitement de la presente demande pour que cette derniere soft examinee par le conseil communal. 05/21/2008 85 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206) Contact: Elizabeth Gormle Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, May 27, 2008 Tuesday, June 17, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 :. PROPOSED ZONING BY -LAW AMENDMENT RE: 79 -81 CLOVELLY DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, June 23, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of a three - family dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. PROJET DE MODIFICATION DE L'ARRETE SUR I.E ZONAGE OBJET: 79 -81, PROMENADE CLOVELLY Par les pr6sentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John indique son intention d'&tudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du Conseil le lundi 23 juin 2008a19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 730 metres carr&s, situ6e au 79 -81, promenade Clovelly, et portant le NID 00370858, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone residentielle — habitations de quatre logements <<R -4», comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre la construction dune habitation trifamiliale. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f&ri6s. Written objections to the amendment may be sent Veuillez faire parvenir vos objections au projet de to the undersigned at City Hall. modification par 6crit a 1'attention du soussign& a 1'h6tel de ville. Elizabeth Gormley, Common Clerk 658 -2862 87 Elizabeth Gormley, Greffiere communale 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 79 -81 CLOVELLY DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, June 23, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, from "R -2" One and Two Family Residential to "R- 4" Four Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of a three- family dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 79 -81, PROMENADE CLOVELLY Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Farret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la Salle du conseil le lundi 23 juin 2008 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 730 metres carres, situee au 79 -81, promenade Clovelly, et portant le NID 00370858, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone residentielle — habitations de quatre logements <<R -4», comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre la construction d'une habitation trifamiliale. Toute personne int6ressee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Pattention du soussigne a 1'h6tel de ville. :• Elizabeth Gormley, Greffiere communale 658 -2862 M ? N d '0 h i 1 I q. X70 J'1i C) / 9, \. CD 4290 p.m. $$ E E S S I % + CD 1 7.5 n I r --- - - - --� t Noel Avenue 3) �.3 � I I J963 aq.m. 20. 12 I 432 p. m. 1� aa3 p.m m BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 - ARRF'TE MODIFIANT L'ARRFTE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decretc cc qui suit : The Zoning By -law of The City of L'arrdtd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrdte le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, from "R -2" One and Two Family Residential to "R -4" Four Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor /Maire 1 La modification de 1'annexe <<A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 730 metres carres, situee au 79- 81, promenade Clovelly, et portant le NID 00370858, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone residentielle — habitations de quatre logements <<R -4» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arnH6 le 2008, aver les signatures suivantes Common Clerk/Greffiere eommunale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - 92 Troisieme lecture June 18, 2008 Your Worship and Councillors: SUBJECT: Proposed Rezoning 79 -81 Clovelly Drive On June 9, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 17, 2008 meeting. Stephen Brittain and Lee Seale attended the meeting on behalf of the applicant. Mr. Brittain addressed the Committee and expressed agreement with the recommendation in the attached report. No other persons attended the meeting and no letters were received. After considering the matter, the Committee adopted the staff recommendation. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of the parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, is subject to the condition that a maximum of three dwelling units is permitted. Respectfully submitted, Stephen Horgan Chairman Attachment Project No. 08 -216 0110 DATE: JUNE 13, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 17, 2008 Randall G. Pollock, MCIP, RPP Planner SUBJECT: Name of Applicant: 621946 NB Inc. Name of Owner: 621946 NB Inc. Location: 79 -81 Clovelly Drive PID: 370858 Municipal Plan: Low Density Residential Zoning: "R -2" One and Two Family Residential "R -4" Four Family Residential Proposal: To construct a three - family dwelling Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, June 23, 2008. 01 ! 621946 NB Inc. 79 -81 Clovelly Drive STAFF RECOMMENDATION TO COMMITTEE: Page 2 June 13, 2008 That Common Council rezone a parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of the parcel of land with an area of approximately 730 square metres, located at 79 -81 Clovelly Drive, also identified as being PID No. 00370858, is subject to the condition that a maximum of three dwelling units is permitted. BACKGROUND: Phase 3 of the Millidgeville Estates Subdivision, consisting of Woodhaven Drive, Noel Avenue and Clovelly Drive, was approved in 1975. Woodhaven Drive and portions of Clovelly and Noel were developed at that time. However, the balance of Clovelly and Noel were not completed. Although the lots and street rights -of -way all exist, the actual street construction and service extensions were not done. A new developer, 621946 N.B. Inc., has recently purchased the undeveloped lots and intends to complete the street and servicing work so that these long- existing lots can finally be developed. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering advises that each of the three units must have separate water and sewer laterals from the street mains. Building and Technical Services advises there are no Building Code concerns at this point in the process. Saint John Transit has been advised of the proposal. Saint John Energy has been advised of the proposal. Aliant Telecom advises that it has no issues with the rezoning. Rogers has been advised of the proposal. Maritimes & Northeast Pipeline has no objection to the proposal. 0V 621946 NB Inc. 79 -81 Clovelly Drive Enbridge Gas N.B. has been advised of the proposal. Page 3 June 13, 2008 Fire Department has no objection to the application provided that the National Building and Fire Codes are adhered to, including proper fire separations between the dwelling units. ANALYSIS: The subject site is an undeveloped lot located at the intersection of the Clovelly Drive and Noel Avenue street rights -of -way, in the undeveloped portion of the Millidgeville Estates Subdivision (now called North Haven Estates by the present developer). This subdivision was given all of the necessary approvals, including registration of final plans in the Registry Office, over thirty years ago. However, as noted in the Background, the subdivision was only partially completed. The applicant has started work on street construction and extension of piped services on Noel Avenue as the first phase of his project to complete the approved subdivision development. The subject lot has a total area of approximately 727 square metres (7,823 square feet). The applicant proposes to construct a three -unit townhouse on the subject lot. The three units would face Noel Avenue, as illustrated on the attached site plan. The applicant indicates that the lot will be further subdivided into part lots along the common walls of the units, in order to permit each unit to be owner occupied. The attached plan, showing the building footprint for the three - units, shows how the property can accommodate a three - family dwelling, while providing the required minimum setbacks from the streets and property lines. The units themselves would have ground floor areas of approximately 70 square metres (750 square feet), resulting in a total floor area of approximately 140 square metres (1,500 square feet) per unit for the two - storey units. The applicant has not finalized the design and floor plans of the units at this time. Off - street parking would be located on individual driveways for each unit, similar to the Brentwood development. The subject site is currently zoned to permit only a one - family or a two - family dwelling. Therefore, the applicant has requested that the lot be rezoned to "R -4" Four Family Residential (the Zoning By -law does not have an "R -3" zone category). The proposed rezoning, if approved by Common Council, would permit the applicant's proposal. This developed portion of this neighbourhood includes a mix of two - family dwellings and walk -up apartment buildings. The larger area also includes townhouse complexes on Lawson Court and Celeste Court, off Tudor Lane. The large properties that are opposite the subject site on both Noel Avenue and Clovelly Drive are zoned "RM -1" Three Storey Multiple Residential, thus permitting either apartments or townhouses to be built directly across the street from the site. The proposed development of three attached dwelling units on the subject site is consistent with this overall residential mix and, therefore, the requested rezoning can be recommended. However, given that the subject site does not appear large enough to easily accommodate a four - family 041 621946 NB Inc. 79 -81 Clovelly Drive Page 4 June 13, 2008 dwelling, it is also recommended that the rezoning be subject to a resolution pursuant to Section 39 of the Community Planning Act, limiting the number of dwelling units to a maximum of three. RGP /r Project No. 08 -216 NO PLANNING AND DEVELOPMENT /URSANISME ET DEVELOPPEMENT R -1A / \ RS. 3�• / \!�'•;�`� al. Ted °�tl A ? \,p� / ///��°. R-I •- / - -R' — 2---tip R - 1 A Xi � J �z ftra t PID(s) /NIP(s): Subject Site /site en question: yxr.„ �; i, 00370858 Location: 70 -81, promenade Clovelly Drive Date: May 26 mai 2008 Scale /echelle: Not to scale /Pas a I'echelle / v tr.o w V •a i C7 Y �/ j j �� I I ♦29C p.m I � �_ / i E E i 1 � I+ Y • '„ 7.5 CD I I Noel Avenue I I E E E M I I u 1 I r 9' 9 9� 30.3 LDT To 8E 27y � 1 r �Og 7 3 Ll r ! J95J aG.m. 20.,2 ! ! aJ2 p m. 3 � sy3� a. _ r ! 12J ay. m. b BY -LAW NUMBER C.P. 110 -74 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -74 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : The Zoning By -law of The City of L'arrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf (19) December, A.D. 2005, is amended by: ddcembre 2005, est modiid par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 50 Newport Crescent, having an area of approximately 5,525 square metres, also identified as being a portion of PID number 00042531, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire 1 La modification de 1'annexe <<A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ de 5,525 metres carres, situee au 50, croissant Newport, et etant une partie du NID 00321943, de quartier a vocation collective << IL -1 >> a zone d'edifices a logements multiples de trois dtages «RM- 1>>. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2008, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - June 9, 2008 Premiere lecture — le 9 juin 2008 Second Reading - June 9, 2008 Deuxidme lecture — le 9 juin 2008 Third Reading - Troisieme lecture - 100 IFP LANNING AND DEVELOPMENT l�_: URBANISME ET DVELOPPEMENT REZONING REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe <<Ao de I'Arr6tq§ de zonage de The City of Saint John CC T C, P1.14 x c-our Barry Cr- �Pi � r D, t wraorl.l C St. Q r.., FROM DE TO/A RM-1 Neighborhood Institutional Three Storey Multiple Residential / Zone de quartier A vocation / Zone d'edifices6i logements multiple collectif de trois 6tages Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement A une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi sur Furbanisme Applicant: Newport Village of the United Church of Canada Inc. 101 Location: 50 croissant Newport Crescent \1D BY -LAW NUMBER C.P. 110 -73 ARRETE No C.P. 110 -73 A LAW TO AMEND ARRETE MODIFIANT L'ARRETE THE ZONING BY -LAW SUR LE ZOSAI E DE THE CITY OF OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 646 George Street, having an area of approximately 450 square metres, also identified as PID number 00035105, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor/Maire Lors dune r6union du eonseil communal, The City of Saint John a d6cret6 ce qui suit : L'arret6 sur le zonage de The City of Saint John, d6crdt6 le dix -neuf (19) d6cembre 2005, est modifi6 par: I La modification de l'annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 450 metres carrels, situele au 646, rue George, et portant le NID 00035105, de zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» a quartier a vocation collective << IL -1 >>. - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son secau communal sur le present arretd le 2008, aver les signatures suivantes Common Clerk/Greffiere communale First Reading - June 9, 2008 Premiere lecture - le 9 juin 2008 Second Reading - June 9, 2008 Deuxieme lecture - le 9 juin 2008 Third Reading - Troisidme lecture - 102 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arr &te de zonage de The City of Saint John P&C Ca FROM / DE 1_ e- S t ti a o c � o TO /A R -2 IL -1 One and Two Family Residential One Institutional /Zone de quartier a vocation / Zone residentielle- habitations collectif unifamiliales et bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment A une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur I'urbanisme Applicant: Sandra Gallant 103 Location: 646 rue George Street BY -LAW NUMBER C.P. 110 -75 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -75 ARRETE MODIFIANT L'ARRETR SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : The Zoning By -law of The City of L'arretd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifid par: 1. Adding the following to the list of 1. zones in Section 30(1): "special zones SZ -23" 2. Adding the following as Section 740(23): "Special Zone #23 SZ #23 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - all uses permitted in Section 210(1)(a); ii) the following uses subject to such terms and conditions as may be imposed by the Comm- nittee: - a dwelling group; - all other uses permitted in Section 210 (1)(b); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #23 shall be as set out in Section 210(2), and Section 810 to 910 where this zone shall be considered an "R" zone, an "R- IA" zone, or a residential zone, as the case may be, except that Section 820(2) does not apply. L'adjonction de 1'e1ement suivant a la liste de zones du paragraphe 30(1) : u zones speciales SZ -23 2. L'adjonction du paragraphe 740(23) qui se lit comme suit: u Zone spdciale n° 23 SZ #23 a) Usages Tout terrain, batiment ou structure ne peut titre affect& i) qu'aux utilisations suivantes - toutes les utilisations permises en vertu de 1'alinda 210(1)(a); qu'aux utilisations suivantes, sous reserve des conditions imposdes par le comitd : - une complexe d'habitations; - toutes les autres utilisations permises en vertu de 1'alinea 210(1)(b); iii) sous reserve de Particle 830, qu'A une utilisation auxiliaire ou accessoire lide a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amenagement dans la zone spdciale n° 23 doivent titre conformes aux dispositions du paragraphe 210(2) et des articles 810 a 910, et la zone en question doit titre considerde en tant que zone u R >>, zone « R -1 A » ou zone rdsidentielle, selon le cas, sauf que la section 820(2) ne s'applique pas. 3. Rezoning a parcel of land with an area 310 i4odification du zonage d'une parcelle of approximately 5,400 square metres, de terrain d'une superficie d'environ located at 112 Mount Plencnnt A_ cnnn and forming part of this by -law IN WITNESS WHEREOF The City of Saint John has caused the Corporate Conurion Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor /Maire le plan ci joint et font partie du prdsent arrdtd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2008, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - June 9, 2008 Premiere lecture - le 9 juin 2008 Second Reading - June 9, 2008 Deuxieme lecture - le 9 juin 2008 Third Reading - Troisieme lecture - 105 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John � O Q d \� f 1 9G CpJ a � \ 1• FROM / DE TO / A R -1 A SZ -23 One Family Residential Special Zone #23 / Zone r6sidentielle- habitations / Zone speciale #23 unifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement A une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme j Applicant: Pierre Rouleau 106 Location: 112 avenue Mount Pleasant Avenue \off BY -LAW NUMBER C.P. 105 -19 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: ARRFTE N° C.P. 105 -19 ARRFTE MODIFIANT L'ARRFTE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du Conseil communal, The City of Saint John a edicte ce qui suit : The Municipal Plan By -law of The L'arrete relatif au plan municipal de City of Saint John enacted on the 3rd day The City of Saint John decrete le of January, A.D. 2006 is amended by: 3 janvier 2006 est modifie par: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1.1 hectares, located at 47- 55 Golden Grove Road, also identified as being PID Nos. 00299271, 00300129, 00301986, 55027510 and 55173033, from Low Density Residential to Service Corridor classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor 1 la modification de 1'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la designation dune parcelle de terrain dune superficie approximative de 1,1 hectares, situee au 47 -55 chemin Golden Grove, et portant les NID 00299271, 00300129, 00301986, 55027510 and 55173033 de zone residentielle de faible densite a zone de corridor de service; - toutes les modifications sont indiquees sur le plan ci joint et font par-tie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - June 9, 2008 Premiere lecture - le 9 juin 2008 Second Reading - June 9, 2008ujcieme lecture - le 9 juin 2008 Third Reading - sieme lecture - PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT Amending Schedule 2 -A Modifiant annexe 2 -A Rd FROM / DE TO / A Low Density Residential Service Corridor Zone residentielle de fable densite Zone de corridor de service Applicant: Ganong Holdings Inc., Norman Ganong and Greg Stewart Location: 47 -55 chemin Golden Grove Road BY -LAW NUMBER C.P. 110 -76 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -76 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui Suit: The Zoning By -law of The City of Uarrctc sur le zonage do The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par : 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately I.I hectares, located at 47- 55 Golden Grove Road, also identified as being PID Nos. 00299271, 00300129, 00301986, 55027510 and 55173033, from "RS -2" One and Two Family Suburban Residential to "SZ -22" Special Zone #22 - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: Mayor /Mai re 1 La modification de I'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation dune parcelle de terrain d'une superficie d'environ 1.1 hectares. situee an 47 -55, chemin Golden Grove, ct portant les NID 00299271 , 00300129, 00301986, 55027510 et 55173033, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2>> a zone spccialc n° 22 <<SZ -22>> - toutes les modifications sont indiquees sur le plan ci -joint et font partie du present arrete. EN FOI DE QUO1, The City of Saint John a fait apposer son sceau communal sur le present arr8te le 2008, avec les signatures suivantes : Common Clerk /Greffiere communale First Reading - June 9, 2008 Premiere lecture - lc 9 juin 2008 Second Reading - .Tune 9, 2008 � t�guxieme lecture - le 9 juin 2008 Third Reading - I roisieme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe <Av de I'Arrete de zonage de The City of Saint John FROM / DE RS -2 One and Two Family Suburban - Residential / Zone residentielle de banlieu- habitations unifamiliales et bifamiliales TO / A SZ -22 Special Zone #22 / Zone speciale #22 Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme Applicant: Ganong Holdings Inc., Norman Ganong and Greg Stewart Location: 47 -55 chemin Golden Grove Road June 23, 2008 His Worship Mayor Ivan Court And Councillors Your Worship and Councillors SUBJECT: Absence from Council Meeting I would like to advise Council that I am unable to attend tonight's Council meeting. I have been asked by the Mayor to bring greetings from the City to the 2008 graduating class of Saint John High School. I will also be attending my daughter's graduation ceremony at the same time. Respectfully submitted, P Christopher Titus Councillor /� r IQU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintiohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 11 Your Worship Mayor Ivan Court June 3, 2008 and fellow Members of Common Council Re: Industrial Expansion/Impact on Municipal Services A great deal of growth in Saint John's industrial base is expected over the next several years. This growth may be expected to have a significant impact on the demand for municipal infrastructure and service delivery. This significant growth will at the same time, bring great taxation benefits to both the Federal and Provincial Governments. I would urge, in anticipation of this demand and its impact on municipal expenditures, that Enterprise Saint John be requested to examine and make recommendations on; • What is the anticipated impact on City Hall on the delivery of services arising from this significant growth, • What realignment of responsibilities on City staff will this entail and what additional staffing, if any, will we require to handle this delivery of services, • What is the anticipated impact on property taxes arising from this anticipated growth? It is on the basis of this information that City Hall, being the prime deliverer of services for this growth, will be able to go to the Federal and Provincial Governments to seek a share of the windfall of tax benefits that will come to these two levels of government. This will help share the burden for the Saint John Taxpayers. I move that Enterprise Saint John be requested to analyze and report back to Council within five months on the above mentioned issues within the context of Saint John's Growth Blueprint. Respectfully, Bill Farren Councillor The City of Saint John Access to Trade and Transportation Portfolio's 112 June 13, 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: "Management undertake a review of the current process of performance evaluation and reporting of the four staff that report to council" In order to ensure that our staff are meeting our expectations, we as a council require a tool and guidance as to the best practices to monitor the performance of the City Manager, City Solicitor, Common Clerk and Commissioner of Finance. The first step is to receive a report on the current processes in place, and this motion starts us down the road towards increasing the effectiveness of our performance review and reporting processes. Respectfully Submitted Received by e -moil Gary Sullivan lam" - SAINT J014N P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 113 June 18, 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Public Transportation Fuel Tax Whereas public transportation is of growing economic need in urban centres; and Whereas public transportation, together with "car pooling", "ride share ", and "park and ride" will be helpful in reducing "greenhouse gases "; and Whereas a reduction in automobiles on city roads will reduce the rising costs associated with infrastructure of our roads, streets and highways; and Whereas public transportation services are a burdensome expense to municipalities and the Provincial Government provides no support for this vital service; and Whereas the cost of fuel and the "tax" associated will have a major impact on the ability of municipalities to continue with this service; and Whereas the Provincial taxes on fuel used by public transportation is very high; Now therefore be it resolved that the Provincial Government be requested to take the necessary action to rebate the tax imposed on fuel used by municipal public transportation services. Respectfully submitted, C�� Coun r Ti+us SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 40 114 f o June 18, 2008 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: overhead projection system in Council Chambers As a member of the Planning Advisory Committee, I have seen how important to presentations an effective overhead projection system can be. Citizens have a right to be able to present their cases in the most effective manner and when important documentation and/or illustration is difficult to read, see or interpret, that right is compromised. Members of the PAC and Councillors need to be able to access the best and clearest information in order to make properly informed decisions. Motion: That Council direct the Common Clerk to determine a solution to the overhead problem before the next meeting of the PAC. If repair before that time proves impossible, the system is to be replaced. Respectfully submitted, Councillor Killen SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.f? 1971 Saint John, N. -B. Canada E2L 4L1 115 June 19, 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Value for Money Audit As responsible stewards of the public purse, Council needs to know the state of the city's finances. We are fortunate to have a dedicated staff that can provide citizens and Council the assurance that the organization is well - managed, often under especially trying circumstances, and that the books are an accurate statement of the financial condition of the city at the end of the year. As we prepare to make well -known to other levels of government and the public that the City of Saint John is just one of the many municipalities across this country that needs a new deal when it comes to funding strategies, we can show clearly our continuing commitment to responsible fiscal management by undertaking a value of money audit that will help us know where we might make changes to ensure that the taxpayers' money continues to be well- spent. Motion: That Council instruct the City Manager to bring back to Council an approach to a Value for Money Audit Program to be conducted on an annual basis, subject to budget approval of Common Council. Respectfully submitted, Councillor Killen 72- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 116 June 18, 2008 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Parking in the Southern Peninsula As a resident of the South End, I have experienced the frustration that comes with the current parking requirements. Snow bans are an excellent idea and an argument can be mounted for the need for alternate side parking during the depths of winter. In spite of the possible justification for alternate side arrangements from the first of November through to the end of April, snow bans are to be preferred. That being said, from the first of May through to the end of November, alternate side parking is an entirely unnecessary burden. Citizens are not unjustified in their claim that switching sides when snow removal is not an issue seems arbitrary. Many streets in the Southern Peninsula have an optimum side for parking. On Orange St, on the block where I live, switching mid -month means the neighbourhood loses otherwise available on- street parking spaces. Motion: That Council direct the Saint John Parking Commission to reconsider the current regimen of year -round alternate side parking throughout the Southern Peninsula. Specifically: 1) That parking bans (mostly for snow but they need not be limited to that) be maintained and used whenever street clearing is necessary; 2) That parking staff determine optimum parking on individual streets and post signage indicating the preferred side; 3) Where feasible — when the street is of sufficient width — parking be permitted on both sides of the street from May 18t through October 31st. Respectfully submitted, Councillor Killen SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 117 grim June 18, 2008 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: recycling Communities in New Brunswick, in Canada and around the world are increasingly aware both of the need and of the benefit of pursuing a vigorous recycling program. Saint John has had considerable success with the composting program Fundy Solid Waste has been conducting for several years and with the large blue bin depots located throughout the region. That being said, a proactive and ongoing response to the responsible management of waste disposal in conjunction with an expanding recycling program is judicious and timely. As Saint John grows, we need to look to the future and realize that savings associated with extending the life of existing landfills will offset the cost of expanded recycling strategies. Motion: That Council instruct staff to prepare, in conjunction with the relevant city committees and organizations, a report and recommendations on alternatives for an expanded recycling program for the city. This report should include, but not be limited to, recommendations regarding curbside pick -up programs, limiting the number of bags that will be collected on pick -up day and separation of recyclables. This report should be submitted to Council by the last Council meeting in September. Respectfully sub ' d, Councillor Killen l� SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 118 Background Mandatory waste separation The City of Moncton began the mandatory Wet /Dry Waste Separation Program on October 1, 2006, seven years following the successful introduction of the voluntary waste separation program. The program requires that residential waste be separated into transparent blue or green plastic bags throughout the city, and now boasts a 99.9 per cent participation rate. The benefits of this program are irrefutable. It is extending the life of the Westmorland -Albert landfill and dramatically increasing the amount of material being reused and recycled. This not only reduces our community's carbon footprint, but also reduces the overall cost of providing waste collection services. Presently, more than 51 per cent of residential waste collected is recycled or composted. The Westmorland -Albert Solid Waste Corporation recycled more than 11,000 metric tons of materials in 2007, such as cardboard, paper, milk cartons, plastics, electronics, metals, and even old sneakers. http: / /mainep_ov- images. informe.org/spo/ recycle / does /factsheets /planprogram.pdf Printed on Recycled Paper Planning a Municipal Recycling Program Maine State Planning Office Waste Management & Recycling Program Implementing a municipal recycling program requires careful planning. In order to make crucial program decisions, you need to identify what's in your waste stream, what your citizens' concerns are and what your neighboring towns are doing. A feasible timeline for planning and initiating a recycling program is 6 months. It is important to remember that there is no one correct way of setting up a recycling program. Each town is different from the next and will have different goals. Tailor your program to meet the needs of your town. Make a Firm Public Commitment to Recycling The decision to implement a recycling program must have the support of town leaders, including the board of selectmen, town or city council, town manager, public works director and road commissioner. Without commitment from local leaders, the effectiveness of your program will be limited. Create a Recycling Committee 119 Creating a recycling committee is an essential first step in the implementation of a recycling program. It is important to involve a wide range of individuals to ensure that the program receives widespread support and meets the needs of all of the various segments of the community. Be sure to include volunteers who are willing to work hard and enough committee members to prevent burn -out! Set a Goal Setting a local recycling goal is an excellent public education tool. In the early stages of your program, a goal can provide a measuring stick for participation and give residents something to strive for. A long -term goal can lead to the targeting of new materials down the road and encourage increased participation over time. Begin Your Education Program Education is the most important aspect ofyour recycling program. Publicity and education must occur early in the planning stages and be ongoing throughout the implementation of the program. Many local governments involve the community in the program from its inception. Citizens are therefore better prepared for the lifestyle changes a recycling program entails and better understand its importance. Start Gathering Data A good base of information is necessary to design and implement your program. Some of the data you may need includes citizen attitudes, population projections, and the number of pennanent and seasonal households in the town. You will also need information about the town's current waste disposal practices and costs, commercial haulers, and local businesses and industries. Finally, you need to know the amount and composition of waste generated by the town. Printed on Recycled Paper Estimate Waste Generation and Composition Waste streams are affected by size and seasonal fluctuations in population, local business and industry, and proximity to other states. In order to develop a recycling program, it is necessary to determine the type and amount of waste generated by your community. Knowing what waste is being generated and in what quantities will allow you determine which materials to include in your recycling program. Ideally, you will want to conduct residential and commercial waste audits to determine the nature of your town's waste stream. However, if this is not possible, you can estimate your generation and composition using nationally developed guidelines and default figures. Always remember, however, for the most accurate planning, actual data should be used whenever possible. Visit Other Recycling Programs 120 Look at other municipal recycling programs to see how they are set up. What materials do they collect? What advice can they offer? What pitfalls can you avoid? What would they do the same or differently? Investigate Opportunities for Regionalization It is not practical or economically efficient to operate fully- equipped recycling programs in each of Maine's 494 municipalities. Recycling requires equipment and labor, both of which are costly. In reality, the volume of the recyclables collected by many small towns does not warrant the purchase of processing equipment and the construction of a recycling building. Moreover, the ability to secure markets for recyclables is based on volume. The more recyclables a program can generate, the better its access to markets. A regional program that combines recyclables from several towns at a single location for processing and marketing can make recycling economically feasible. Set a Schedule for Implementation Above all else, you need to set a deadline of when you want to start your program. This will provide you with motivation to keep moving ahead. It takes six months to plan and organize a recycling program. Pick a date for implementation that will give you time to effectively plan your program, but one that is not so far away that you become discouraged. Select Materials for Recycling You do not need to start your program recycling all materials in the waste stream. Build your program slowly and carefully. After you have gained expertise with several materials, you can expand your program. To start your program, select materials based on ease of collection, volume in the waste stream, and availability of markets. Conclusion Successful recycling programs require thorough planning, realistic goals, community involvement, and widespread, ongoing education and shared economies of scale. A successful implementation program must be tailored to characteristics of the community, the composition of the waste stream, and the structure of the recycling handling system. For more information, please contact: State Planning Office Waste Management and Recycling State House Station 38 Augusta, Maine 04333 -0038 (207) 287 -8934 or 1 -800- 662 -4545 www.reevelemaine.com 121 http: // environment. about .com /od /recycling/a /benefit vs cost htm Do the Benefits of Recycling Outweigh the Costs? Some Argue Recycling I)ses More Energy than It Saves By Larry West, About.com See More About: • environmental laws and policies • recycling benefits • recce costs • trash and garbage disposal Environment Ads Recycling Centers Pet Recycling Copper Recvcling Tire Disposal Electronic Recycling Dear EarthTalk: Some people argue that recycling uses more energy than it saves, and thus it is not worth the effort. Is this true? — Tigger Fox, Millinocket, Maine Controversy over the benefits of recycling bubbled up in 1996 when columnist John Tierney posited in a New York Times Magazine article that "recycling is garbage." "Mandatory recycling programs," he wrote, "...offer mainly short-term benefits to a few groups -- politicians, public relations consultants, environmental organizations and waste handling corporations -- while diverting money from genuine social and environmental problems. Recycling may be the most wasteful activity in modern America..." Cost of Recycling vs. Trash Collection Environmental groups were quick to dispute Tierney on the benefits of recycling, especially on assertions that recycling was doubling energy consumption and pollution while costing taxpayers more money than disposing of plain old garbage. The Natural Resources Defense Council and Environmental Defense, two of the nation's most influential environmental organizations, each issued reports detailing the benefits of recycling and showing how municipal recycling programs reduce pollution and the use of virgin resources while decreasing the sheer amount of garbage and the need for landfill space -- all for less, not more, than the cost of regular garbage pick -up and disposal. Michael Shapiro, director of the U.S. Environmental Protection Agency's Office of Solid Waste, also weighed in on the benefits of recycling: 122 "A well -run curbside recycling program can cost anywhere from $50 to more than $150 per ton ... trash collection and disposal programs, on the other hand, cost anywhere from $70 to more than $200 per ton. This demonstrates that, while there's still room for improvements, recycling can be cost - effective." But in 2002, New York City, an early municipal recycling pioneer, found that its much - lauded recycling program was losing money, so it eliminated glass and plastic recycling. According to Mayor Michael Bloomberg, the benefits of recycling plastic and glass were outweighed by the price -- recycling cost twice as much as disposal. Meanwhile, low demand for the materials meant that much of it was ending up in landfills anyway, despite best intentions. Other major cities watched closely to see how New York was faring with its scaled back program (the city never discontinued paper recycling), ready to perhaps jump on the bandwagon. But in the meantime, New York City closed its last landfill, and private out -of -state landfills raised prices due to the increased workload of hauling away and disposing of New York's trash. As a result, the benefits of recycling glass and plastic increased and glass and plastic recycling became economically viable for the city again. New York reinstated the recycling program accordingly, with a more efficient system and with more reputable service providers than it had used previously. Benefits of Recycling Increase as Cities Gain Experience According to Chicago Reader columnist Cecil Adams, the lessons learned by New York are applicable everywhere. "Some early curbside recycling programs... waste resources due to bureaucratic overhead and duplicate trash pickups (for garbage and then again for recyclables). But the situation has improved as cities have gained experience." Adams also says that, if managed correctly, recycling programs should cost cities (and taxpayers) less than garbage disposal for any given equivalent amount of material. Even though the benefits of recycling over disposal are manifold, individuals should keep in mind that it better serves the environment to "reduce and reuse" before recycling even becomes an option. httn: / /www.cbc.ca/newsinreview /Dec 2000 /garbaQe/halifax.htm The Halifax Solution As a province, Nova Scotia was forced to deal with its garbage problem four years ago. Faced with the 123 prospect of landfills reaching capacity with few new options available, the provincial government adopted a hardline approach to waste disposal. It banned many common dry recyclable items from landfills. These included newsprint, cardboard, tires, compostable organic materials, and food containers made of steel, tin, or glass. It also placed a deposit on beverage containers, both alcoholic and not, resulting in an 80 per cent return rate. In addition, it has required garages to accept used oil for recycling and is developing a similar program for used paint. The results have been excellent, with the province as a whole reaching its goal of a 50 per cent diversion rate on its waste. The effects are tangible and measurable. Nova Scotia has reduced the more than 100 dumps and open- burning sites in the 1970s to 19 landfills, with only nine expected to be operating by 2005. Halifax went a step further with its recycling and diversion programs, diverting over 60 per cent of its waste, the highest in Canada. The goal is 65 per cent by 2001. It achieved this by embarking on a "green bin" program whereby Halifax residents collect compostable household materials for biweekly collection. Over 100 000 households in Halifax were provided with a large green bin for curb -side pickup, and a small green bucket to keep in their kitchen. Food waste such as fruits, vegetables, coffee grounds and even meat, as well as yard waste, paper towels, and wood shavings may be collected, something not possible in most recycling programs. The organic waste is transferred to a compost facility where it is "aged and cured" for a few months. The end product is rich brown mulch, ideal for lawns and gardens. The program has not been problem -free, however. The smell from the compost dumps has elicited complaints from area residents and had managers scrambling to fix the problems. The city has also been periodically hit by plagues of fruit flies attracted to the fermenting garbage in the green bins beside residences. Some residents have also complained that the multi - streamed approach to waste disposal is complicated, inconvenient, and, quite frankly, stinky. According to Halifax officials, it also costs more to run than a dump or an incinerator. Despite these drawbacks, municipal officials have promoted this environmental solution and point to the fact that their city and province are a model that representatives from cities around the world come to view and study. It is also a source of community pride, as Halifax is the first Canadian city to hit the goal of a 50 per cent diversion rate (by 2000), a target established by the federal government in 1989. Follow -up Discussion Opportunity cost is the economic term that denotes the sacrifices made when making a difficult choice. For example, to build a new arena, a town might have to postpone road improvements. Many communities in Canada and the United States choose the cheapest solution when trying to solve their waste disposal problems: usually landfills or incinerators. Suggest what the opportunity costs of a waste diversion program like Halifax's might be. Should municipalities have the right to choose their solutions (and their opportunity costs)? Should provincial /territorial governments limit the options? 124 June 19, 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: KBM Ball Field • While talking to the Grade five students at Morna Heights School last week, they identified several items in their neighbourhood they felt could be improved upon. • Items such as poor road conditions, sidewalk challenges and the need to enhance the KBM Baseball field were identified. • It appears that the infield surface and pitching mound need enhancement. Motion: That the City Manager request Mr. Morrison, Director of Parks and Leisure Services to assess and put into action positive changes to this ballpark. Respectfu Councill r McGuire SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 125 ,ao June 19, 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Province of New Brunswick Public Hearings on Tax Options • The Canadian Federation of Municipalities has described the property tax system in Canada as "regressive ". • Out of every tax dollar collected in Canada, municipal governments get just eight cents (principally from property taxes), while the other 92 cents goes to the federal and provincial governments. • FCM states that "the municipal sector's tight fiscal circumstances, limited borrowing capacity and limited access to adequate sources of revenue mean that eliminating the $123 billion Canadian infrastructure deficit will require significant financial support from federal and provincial governments. • Saint John has significant infrastructure needs. • The Province of New Brunswick is conducting nine public hearings held by the Select Committee on Tax Review- they will be in Saint John on July 8. • This appears to be an opportunity we should pursue. Motion: That the Mayor, and Commissioner of Finance, Mr. Greg Yeomans, make an appropriate presentation to the Province of New Brunswick's Select Committee on Tax review. This public hearing will be held on July 8 in Saint John. Respe , y submitted, Councillor McGuire SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 126 P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 www.saintjohn.ca June 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, Re: Public Engagement - Consultation ran; The City of Saint John has experienced positive results in the area of development and public engagement in recent times (Reversing Falls/ Simms Corner). We have also experienced some challenge$ in this area in terms of process and timing. Because we now have permanent communications expertise within our organization and we have the benefit of our earlier experiences, I think there is an opportunity to develop more formal guidelines for initiating public consultations. More effective and more fre4uent communications with the community should be our goal when major projects are under consideration. Motion That the City Manager be directed to prepare a general policy to guide future public /engagement processes. Respectfully Submitted, Pe er McGuire Councillor 127 REPORW TO COMMON COUNCIL 9111111IMM DZELJL�� RE' NI"�RT: The contents cfW report reflect an unprecedented opportunity for the City of Saint John, an opportunity that any other municipality would welcome with open arms. As such, the recommendations that Council is being asked to adopt, attempt to address every possible concern of which staff are aware, yet at the same time, allow the process to continue and ultimately benefiting this entirc�M Although this Memorendum of Understanding is between two organizations that operate at arms length from the City, a condition (uf fho Memorandum of Understanding specifically refers to a parcel of land, currently belonging to the City Le, the Lant' b ing ulti ately Mgar site, ei im transferred to the Saint John Port Authority at Fair Marge which is not to exceed E kY.. ... ... ... co co a mmzmi rr: I■ a Z 0 ■ - ■ 0 1 "Im WN EIME - v Wd Kqj*I*3--TZTV go] 21-.1 ffilg%zim INTO] I a REMO NVOI R3 A 1 0 FEMARMT--Ime E SAINT JOHN, NB — The Saint John Port Authority announced today it has signed a Memorandum of Understanding (MOU) with Irving Oil Limited that would see development of a newliIIII10166""Aw on the Long Wharf property in Saint John's inner �� The development would provide jillijkM for a new Irving Oil building and would also enhance public access to the city's waterfront via Harbour Passage with the addition of new walking trails and park space. Irving Oil would also contribute to the redevelopment of the Fort La Tour National Historic site as part of the site's landscaping and "Whalm space. The Saint John Port Authority would retain ownership of Long Wharf's water frontage, and both Irving Oil and the Port Authority would work closely together to develop the site for both cruise ship passengers and public use. The Long Wharf site would continue to be used as a secondary berth W cruise ships visiting Mnt John. Under iW agreement worth approximately JW million, U% Oil would lease the Long Wharf property .L;=A the Saint John FV PMWJR&%. Contained within tM lWililifillilp land would be a Waq@l of land that be UMMON by Irving Oil and would be the location of 16 new building. This agreement is . M&on the City of Saint John agreeing to sell the former Lantic Sugar site to Irving Oil. at fair market value, for the purposes of immediately transferring ownership to the Saint John Port Authority. 'Today, we are securing the future of the working pmolilli, stated Stephen 11110mmpiIiiiiiiiiiiii, 900miiiiiiiiiiiiiiiiiiiin of the Board for the Saint John Port Authority. "The sugar refinery site will be incorporated into the L(iiiiiiiiiiiiir Cove MONOM and connect this facility with the Potash Terminal, providing contiguous OMMIMM facilities for present and future marine cargo operations in this area. This will protect the integrity of the working port, now and in the I OWNER 10 W1111101 a IN loin I tillillWlliA-Iil NN's W11 11111 -1 1 I NMI@ lZRM61216annar.1 amc K9191a] EY'N"NIN114 ESIS19110 Wj7j2i;42W-,1 lim Kam 0 L :-:XV ........... (7) co 0 z 0 0 .. �, " . _ a -; - F' *� � � �� %, ' � . _ ti I 4 - -, ■ � � i �� Y �K� � - � .L T ' _ �� I f® � 2 ■ �� • . Y �K � � / . - - &/ 2� • - � \ � = -- ' �- !� � ._ .. m ti 7=M lkl- 70, V-4 Ai N P, r L, Ir I - HE June 23, 2008 M & C — 2008 -164 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Planning Framework — Translating Vision into Action BACKGROUND In September of 2005, Saint John Common Council adopted the Vision 2015 Program of Excellence and set in motion a multi -year transformational change program that will have a significant impact on how the City develops and delivers its various services in the future. The initiation of the program was part of the final recommendations of a comprehensive Operational Review completed during the same year. The City of Saint John wants to be recognized as a high performing public service. This entails commitment to the goal of achieving an effective and efficient public service organization that is focused on accountability and continuous improvement. In order to do this we must be able to demonstrate the linkages between day -to -day activities and desired outcomes for the community. We have to ensure that service offerings and their related processes contribute to these outcomes. Vision 2015 is using a long -term, integrated, planning framework to translate vision into action. The framework is an integrated approach of planning, strategy, action, and performance measurement to align City services to the vision, goals, and objectives identified by the citizens of Saint John. Attached to this report is the project charter, Translating Vision into Action: Defining the Planning Framework which describes the planning framework in detail. 143 The purpose of this report is to seek Council's approval of the detailed planning framework that is being used to guide the City's efforts to translate the Community's Vision into action. ANALYSIS Over the past two and a half years, a significant amount of work has been completed in relation to the Vision 2015 Program. Some of the more significant pieces include the following initiatives. Community Vision In November of 2007, Common Council was presented with a final report of a project aimed at developing a long -term vision for our community. The report outlined the background, process, and results of an eleven -month public engagement lead by a Citizens Advisory Group. This group accomplished three objectives: development a community vision by consulting with the public; identification of goals we can all work towards to achieve this vision and; development of a set of sustainability principles for Saint John. The public engagement process was a tremendous success. The Citizens Advisory Group received feedback from approximately 4.2% of the community, translating into well over fifteen thousand ideas on the future for Saint John. New Governance Structure In August of 2007, Common Council received a detailed report on a new Strategic Decision Making Model for the City. Once implemented the new governance structure will see the establishment of Standing Policy Committees. The mandates for these Committees have been designed to support an on -going dialogue with the public in support of our efforts to achieve the long -term community vision and goals. Integrated Community Sustainability Plan (ICSP) In December of 2007, Common Council approved the engagement of Dillon Consulting to oversee the development of an ICSP. The ICSP will be a key policy document in guiding the actions that are needed to help the community achieve its long -term vision. Dillon's work is designed to provide the City with a base ICSP that will then be further developed through consultations with the Public, community groups and organizations and other levels of government. The base ICSP will be presented to Common Council in early July. 144 Performance Management Building on the work done through the Operational Review a complete cataloguing of City Services has been completed using the Government of Canada Strategic Reference Model. Work is now underway to detail the programs that are associated with the delivery of each of these services and to identify performance measures that will be used to report on the effectiveness and efficiency of each of these programs. Communications Audit On -going communications with the public and our employees will play a significant role in the support for our efforts and the alignment of community activities. In January of 2007, Common Council received a detailed communications audit completed by M.T. & L. Public Relations. As part of the 2008 Operating Budget for the City, provision was made for the initial resources needed to implement the recommendations of this audit. Two staff people have now been hired and work is underway to improve the City's communication efforts. Sustainable Communities Case Study The City had the opportunity to collaborate with the Province of New Brunswick on a Case Study for Sustainable Communities. The Sustainable Communities Case Study for the Greater Saint John Region was a pilot project to inform the region and the province on sustainable communities. The case study was a partnership with the province and the five communities in the Greater Saint John Region. Participants in the Case Study included members of the Vision 2015 citizen advisory group; members of the Benefits Blueprint Advisory Committee, Provincial Departments including Business New Brunswick, Energy, Environment, Intergovernmental Affairs, Local Government, and Social Development; members of the community; and staff from the City of Saint John. Corporate Strategic Plan The City administration has started the process of developing a corporate strategic plan to guide decision - making within the municipality's administration and provide the link between the broad based goals of the community and the actions required to realize these goals. The corporate strategic plan will also be used to improve the performance of the organization by focusing efforts to ensure the City is both effective and efficient in its service delivery. This plan will be presented to Common Council in October of this year. HEAN ICSP Symposium In the October of this year we are planning to hold an Integrated Community Sustainability Plan Symposium in partnership with the International Centre for Sustainable Communities. The City of Saint John is the first New Brunswick municipality to develop an integrated community sustainability plan. This symposium will provide the City of Saint John the opportunity to share lessons learned and to receive feedback on our planning framework, public engagement, integrated community sustainability plan and decision making model. RECOMMENDATION While the Planning Framework has guided our actions to date, it has never been formally adopted by Common Council. Council's approval of the framework will help ensure that future policy and administrative directions of the City are aligned with our efforts to help the community achieve its long -term vision. It is recommended that Saint John Common Council approve the planning framework for translating vision into action as detailed in the attached project charter, Translating Vision into Action: Defining the Planning Framework. Respectfully submitted, Andrew P. Beckett, CA Deputy City Manager Programs & Priorities Terry L. Totten, FCA City Manager IEU PROJECT CHARTER City of Saint John TRANSLATING VISION INTO ACTION: DEFINING THE PLANNING FRAMEWORK VERSION: DATE: Approval of the Project Charter indicates an understanding of the purpose and content described in this document. By signing this document, each individual agrees work should be initiated on this project and necessary resources should be committed as described herein. m MINA ■ CITY OF SAINT JOHN PLANNING FRAMEWORK TABLE OF CONTENTS Project Overview PROJECT CHARTER MAY 2008 Business Reasons for Project ...................................... ..............................1 Strategic Reference Model .......................................... ..............................1 Role of Services in Vision 2015 .................................. ..............................2 Project Description ..................................................... ..............................3 Planning Framework .............................................. ..............................3 CommunityVision ................................................. ..............................5 Integrated Community Sustainability Plan ............. ..............................5 CouncilPriorities ................................................... ..............................7 Corporate Strategic Plan ........................................ ..............................7 Service Delivery Plans ........................................... ..............................9 Accountability and Continuous Improvement ....... .............................11 Project Goals and Objectives ..................................... .............................13 ProjectScope ............................................................. .............................14 Critical Success Factors ............................................. .............................14 Assumptions.............................................................. .............................15 Constraints................................................................ .............................15 Project Authority & Milestones FundingAuthority ................................................... ............................... 16 Project Oversight Authority ..................................... ............................... 16 Major Project Milestones ........................................... .............................16 1 148 CITY OF SAINT JOHN PLANNING FRAMEWORK SECTION 1: PROJECT OVERVIEW 1.1 Business Reasons for the Project PROJECT CHARTER MAY 2008 In February of 2005, Chartwell Inc. was contracted by Saint John Common Council to undertake a review of the City's operations - including its agencies, boards and commissions (ABCs). During the review, the consultant concluded that the City had been rather fortunate not to have experienced any service failures in recent years considering its financial challenges, combined with an increasing demand for quality services. Service failure is the inability of an organization to deliver intended results of planned service offerings. Recognizing that these challenges will continue to exist, increasing the potential for service failure in the future, the consultant recommended Council adopt Vision 2015 - Program of Excellence. Adopted by Council in the fall of 2005, Vision 2015 is a plan for continuous improvement for both the community and the organization. It is designed on the principles of change and performance management that will allow the City to transform how it operates in effectively and efficiently responding to public needs, while improving accountability and transparency in local government'. Using an integrated project approach that will span a number of years, the program's goal is to ensure that the services delivered by the City of Saint John are aligned to achieve desired outcomes or goals for the community; outcomes that directly contribute to the achievement of a vision for Saint John. Achieving effective and efficient service delivery will depend on disciplined and focused planning practices and responsible management of those plans. Planning identifies what the community wants to achieve and how the City together with community stakeholders will work together to realize these goals. Strategic Reference Model An outcome of the Operational Review was the delivery of a portfolio of services offered (at that time) by the City and its ABCs. The significance of this work was the introduction of a standardized methodology for service definition that makes the connection between the City's day -to -day activities and the impact they have on the community. Services were defined using the Governments of Canada Strategic Reference Model (GSRM), adapted to meet the City's operational review requirements. Since the operational review, refinement of the GSRM and service profiles has continued. The model has evolved into the Strategic Reference Model for the City of Saint John shown in Figure 1. This new reference model provides the basis for the development of a planning framework - one that translates vision into action. ' Chartwell Inc., Saint John Operational Review Program Final Report. 2005. Page 9. WEAK CITY OF SAINT JOHN PLANNING FRAMEWORK Communities Vision br °VY° Needs Strategies _ __ Outcomes PROJECT CHARTER MAY 2008 idk'rtiCi .. .. -.,.�. .��c ..... .. .. .... - .?Y con.. tr. ib: ite: ta::= ::::::::_::::::_::::::_::: ~Services~ ceiiver - 'X Service Out uts P .............................. iEe of 7"F-c- ............................... =:Git„De arfm= ants:...:: Y..._... on. tri. b. �iQ. to .._....Y..._p....._.....,._... :�....rb :ute.. _.. .._......_:_.....:_. _ = Process A�e'feiesc 8'oa�ds.. ..... ::YJut: ut:D:eliVEr Processes i p p = _ dY: _ ::::FOut uts _ __ _ _ _ _ _ = Resources = - _ :: idenfifq:. onsurrredirr -. The reference model provides a graphical representation of the `business' of local government. In describing government as a business, the complexity associated with the delivery of municipal services cannot be minimized. Unlike a business that focuses on one or two client or customer needs, an effective government focuses on many needs, requiring a tremendous balancing act in terms of managing limited resources across competing needs. Clearly illustrated in the reference model is a distinction between governance (blue) and administrative (red) functions. Simply stated, governance is Council's decision - making process. Council's role as a decision - making body is to focus on policy development; setting the strategic direction for the community that will also act as a guide for the corporation (and other civic partners) towards supporting the achievement of desired outcomes. While Council has the responsibility of setting priorities, the administration is responsible for the design and management of the many services required to fulfill those needs. Role of Services in Vision 2015 Understanding the role of services in municipal government is a central component to the proposed implementation of a planning methodology for Vision 2015. The ability to identify and define services against a standardized methodology not only supports the structural component of the transformation, but the cultural one as well. With respect to structure, the links between a vision for the community, strategic outcomes, and services demonstrates real value in the City's service offerings. The public is provided with the ability to gain a better understanding of the direct impact that service delivery has on the fi16�i7 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 things that matter to Saint Johners. This structural component supports accountability goals in terms of ensuring services are effectively responding to public needs. In terms of culture, the model illustrates how daily activities directly relate to vision outcomes, inspiring all stakeholders toward achieving common goals. The model also supports the shift to a service based culture from one that focuses on organizational structure. This cultural shift supports efficiency in service delivery with the coordination of activities among service providers and collaboratively working toward a common purpose. While the vision represents the long -term plan for the community, services represent the actions required to achieve the vision. With a clear direction from Council on the priorities for the community, the administration has a greater ability to plan and deliver services that will make a valued impact. The goal of the planning framework is to make the necessary linkages or connections between the plans and strategies for the community and corporate planning requirements — supporting the need to align service offerings with desired outcomes for the community. Although the City as a corporation plays a significant role in addressing the needs of the public through service delivery, municipal jurisdiction for services is limited (i.e., health and education are provided provincially) meaning that other stakeholders in the community must step forward to contribute to a common purpose. Therefore, the planning framework must also extend to community stakeholders and other civic partners in order to successfully realize the community's vision. 1.2 Project Description Vision 2015's journey of continuous improvement towards effective and efficient service delivery, while improving accountability and transparency in decision - making requires a comprehensive approach to planning. This charter will outline a planning approach that will translate community vision into action, providing the framework that will help the City successfully manage service delivery in terms of performance and accountability. Given the scope of work included in planning initiatives of this nature, this charter will identify the projects (including project deliverables, dependencies and timing) that will support the completion of the proposed planning requirements. Planning Framework The proposed planning framework required to translate vision into action is based on the Strategic Reference Model for the City of Saint John. Similar to the reference model, the planning framework will support a top down approach to planning. All planning decisions will flow from the community's vision; working to identify outcomes that will address the needs of the community and strategies to achieve these goals. The administration and other civic partners will plan and deliver their services based on these strategic outcomes. 4 151 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 Although a top down approach to planning is very solid in terms of ensuring services have the desired impact in the community, modifications to the framework will have to be made in the initial implementation of the proposed planning processes. Given the dependencies and the timing of planning deliverables (i.e., the need for a community vision and outcomes to define and plan services); the completion of the initial cycle of planning would be lengthy. Speeding up the process requires some of the planning processes be based on current service delivery mechanisms and revised and integrated as each of the planning components are completed. Modifications to the planning process will be identified through the identification of supporting planning projects in this charter. As illustrated in the reference model, the planning framework will also make a clear distinction between planning responsibilities for Council (the governance function, including the community's participation) and the Corporation (the administrative function, including City departments and ABCs). The interdependencies among the planning components will also be documented within the planning framework; clearly illustrating that Council's priorities for the community directly influence the corporate strategic direction. Figure 2 provides a graphical representation of the proposed planning framework. " " " " -- — — — — — — — — — — — — — — — — — — — — - 116 CITY OF SAINT JOHN PLANNING FRAMEWORK Community Vision PROJECT CHARTER MAY 2008 The starting point in the planning framework, as illustrated in Figure 2, is the development of a community owned and developed vision. A vision is a description of what a community's success would look like at some point in the future (in our case seventy -five to one hundred years into the future). Public participation in the visioning process provides a basis for the development of a shared vision that will guide a community as it identifies desired outcomes for Saint John and the strategies that will contribute to achieving these goals. Since the vision is an expression of the hopes and dreams of a community and addresses public needs, it fosters continuity in decision - making as political and administrative changes occur. Deliverables for the visioning process include a vision statement, shared values, community goals, and targets. When looking seventy -five to one hundred years into the future, paramount to the success of a community will be its ability for future generations to thrive. This means that decisions made today should not compromise the ability of future generations to meet their own needs . Therefore, community visions must be developed with a focus on sustainability; integrating social (cultural), economic and environmental considerations. IntegZrated Community Sustainability Plan (ICSP) and Municipal Policy Documents Once a community vision has been established and goals have been identified, work can begin on creating an Integrated Community Sustainability Plan (ICSP). Also referred to as a community plan or municipal sustainability plan, an ICSP "is a long -term plan, developed in consultation with community members, that provides direction for the community to realize sustainability objectives for the environmental, cultural, social, and economic dimensions of its identity "3. In terms of timeframe, the ICSP plans twenty (20) to thirty (30) years into the future. A good example of a community plan is Plan Winnipeg, the long range policy plan created for the City of Winnipeg. Traditionally, municipalities have developed a series of policy planning documents that look at individual issues within the community (e.g., transportation, land -use planning, economic development). Often developed in isolation, the impact that strategies within these plans have on other aspects of the community are rarely considered. Utilizing a whole systems approach to planning, the ICSP focuses on the integration of these traditional planning practices so that communities can better understand their future and work collectively towards achieving their sustainability goals. Bene fit s4 to developing an ICSP include: 2 http: / /en. wikipedia .orR /wiki /SustainabiIity s http : / /www.infrastructure.gc.ca/ communities - collectivites /conf /documents /icsp- discussion e.shtml 4 ibid. 153 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 • Cost savings through policy integration and long -term planning (including infrastructure assets). • Enhanced capacity to meet community needs through dialog with the public to gain an understanding of what the community values, what they want for future generations, and how they will achieve their goals. • A strong and creative community fostered through the need to develop creative solutions to ensure a balance between economic, environmental, social and cultural needs. • Managing change more effectively, collaboratively working with the community to plan future needs with current realities. • More effective policy development with improved planning that focuses on sustainability, providing guidance in decision - making when balancing competing economic, social and cultural needs. • Greater community cohesion by involving people in collective decision - making, fostering a sense of common purpose and building social capital. • Staying relevant through continuous dialog with the community. The development of the ICSP is led by Common Council with input for community planning coming from the public. The process is supported by the administration. There is no single way to develop a sustainability plan and each community will take an approach that best fits its needs. Although the ICSP is considers a long -term planning policy document, it should be reviewed and updated at regular intervals to ensure it continues to be relevant with the needs of the community. Successful sustainability plans generally include the community's vision, a presentation of sustainability principles that will guide decision - making in terms of balancing competing needs; analysis of current trends (identifying opportunities and challenges), identification of community goals or outcomes that must be addressed to achieve the vision, an action plan that outlines strategies to achieve the goals with performance measures to monitor success and promote accountability, and the documentation of a process for implementation and monitoring the plan. Once the community plan or ICSP is developed and approved, targeted planning policy documents need to be created. These plans are the long -term traditional plans that include the municipal plan, transportation, and economic development. The ICSP will act as a guide in the planning process of these documents, ensuring an integrative and sustainable approach to planning. The purpose of the individual policy documents is twofold; providing more detail to the broadly focused community plan and a guide for decision - making in the delivery of service. The responsibility for guiding the development of these 7 154 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 plans rests with the appropriate Standing Policy Committee of Council (under a Council - Committee form of governance). Planning is supported by the administration with public consultation. Council Priorities Given that Council operates on a four year mandate, each new Council must establish a clear agenda that identifies priorities from the ICSP. Priorities are articulated as measurable outcomes for the community that contribute to the achievement of the vision. In support of these priorities, Council will identify a number of strategies or actions that will support the achievement of the goals identified. Council's priorities provide direction to the administration, including the City's agencies, boards and commissions in developing the plans required to deliver the services that contribute to the outcomes identified. Working towards Council's priorities (as opposed to the community plan), represents a more manageable scope of work; allowing the City to better manage the effectiveness and efficiency of service delivery. A well defined scope of work increases the likelihood of success in making a meaningful impact in the community in terms of addressing public needs. Corporate Strategic Plan While Council's role is to set the strategic direction for the community, it is the administration's responsibility to plan and manage the delivery of services required to achieve those goals. It is the administration that essentially translates the strategies designed to address the needs of the community into actions that will result in successful achievement of the community vision. Like the community, the City as a corporation also has the responsibility of creating a vision and developing goals that will move the community forward in achieving its vision. These goals are documented in the corporate strategic plan. This plan provides direction to the organization on how the `business' of municipal government needs to be carried out in order to have the desired effect in the community. It is important to note that the corporate strategic plan focuses on the priorities and strategies of the City as an organization, the goals and strategies for the community are captured in the Integrated Community Sustainability Plan and other related documents. The corporate strategic plan is a management tool that is used to improve the performance of an organization. Simply stated, it is a roadmap that documents what the organization wants to achieve and how it intends to fulfill these goals. Led by the City Manager, the administrative leadership team is responsible for the creation of the corporate strategic plan. Participation by senior management or department heads in the development of the plan starts the process of building commitment among all stakeholders in working toward a common purpose. Corporate strategic planning is completed on a four year cycle, 8 155 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 consistent with Council's priorities, with annual review and adjustments to ensure that the plan continues to be relevant. Key to the development of a successful corporate strategic plan is a shared understanding of the purpose and goal of the organization. Relating back to the Strategic Reference Model for the City of Saint John, the City as a organization supports the community in the achievement of its vision, ensuring that services offered contribute to the outcomes designed to address the needs of the community. The City's overarching goal is to provide the best possible customer service to Saint Johners through the delivery of quality, cost - effective services. Alignment is key to achieving effective and efficient public service. Alignment ensures that all parts of the organization are connected to the organization's goals. The corporate strategic plan addresses both vertical and horizontal alignment. Alignment requirements are illustrated in Figure 3. Vertical alignment requires that the direction from Council (i.e., Council's priorities) is consistently and completely reflected in service plans. In doing so, the corporate administration is responsible and accountable to Council and subsequently the public, ensuring that the delivery of service has the desired impact in the community. Horizontal alignment focuses on coordinating processes and activities among all service areas and working collaboratively toward a common purpose. A more efficient use of resources ultimately results in cost savings. As with any planning initiative, there is no single process or format for creating the corporate strategic plan. The contents and focus of the plan must meet the needs of the organization; allowing the organization to work towards the achievement of their goal, while addressing alignment and accountability. The plan identifies actions required to develop and maintain a high performing organization, focused on effectively and efficiently delivering quality public service. The corporate plan provides the direction required for City department's to develop their service plans. The City of Calgary and the City of Sarnia have good examples of corporate strategic plans. Table 1 proposes a plan format for the corporate strategic plan. 5 Administrative Leadership Team's Corporate Direction, City of Calgary. Page 5. W711-1 CITY OF SAINT JOHN PLANNING FRAMEWORK Table 1: Proposed corporate strategic plan format. PROJECT CHARTER MAY 2008 Corporate Strategic Plan Component Description Corporate Vision A statement indicating what success for the organization will look like at some point in the future. Focused on the mission or purpose of the organization, the vision must relate back to the vision for the community. Operating Principles Identification of the principles (and values) that guide the daily activities of the organization. Corporate Alignment Presentation of an organizational structure that compliments the City's governance strategic decision - making model, including the alignment of City services with community outcomes. Corporate Focus Areas Identification of areas that the organization needs to focus on to ensure the effective and efficient delivery of services. These corporate focus areas must address both vertical and horizontal alignment issues, ensuring that the services offered by the City contribute to desired outcomes in the community and that resources are used collaboratively and efficiently to deliver these services. Corporate Themes and Directions Identification of some key themes within each of the focus areas that need to be addressed. A direction statement is provided for each of the themes identified, directing staff in their delivery of service. Each corporate theme should be expanded to provide a rationale for the direction, leadership's commitment supporting successful implementation of the directives, identification of organizational responsibilities, and specific actions. Budget Direction Presentation of budget guidelines adopted by Council. These guidelines will aid City departments in the development of service budgets. Performance Indicators Identification of indicators that can be used to measure the success related to implementing the initiatives and actions laid out in the corporate strategic plan. The goal is to measure corporate performance with respect to service delivery and its impact on the community. Service Delivery Plans Service delivery plans provide a detailed administrative delivered to successfully achieve community goals. required to realize a vision for Saint John, focusing on service. Under the direction of the corporate strategic p both vertical and horizontal alignment requirements - outcomes are addressed (vertical) while collaboratively use of limited resources (horizontal). overview of how services will be These plans identify the actions effective and efficient delivery of Ian, service plans must encompass - ensuring community needs and working together to maximize the Focusing on alignment, service delivery plans are developed based on the priorities set by Council. In a Council- Committee form of governance, these priorities would ultimately reflect the mandates of each of the standing policy committees. Considering more than one service output may contribute to a community outcome, more than once service may be referenced in each of the plans. Vertical alignment of service offerings in this format will reinforce the governance function of Council and need to deliver services that contribute to community outcomes. Presentation of service plans in this format also supports the 10 157 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 horizontal alignment of the organization. An example of this horizontal alignment or cultural shift - service focused from departmental silos — is illustrated in Figure 4. During Phase I of the Service Refinement Project undertaken in 2006, approximately thirty -nine (39) services were identified and profiled against a standardized methodology. Included within the scope of this phase of the project are public- facing services currently offered by the City and the Saint John Board of Police Commissioners. In the second phase of the project, the services for the remaining ABCs will be identified and profiled along with the City's supporting (internal) services. This baseline set of services will provide the foundation for the development of service delivery plans. Service plan development is an administrative responsibility. Each of the organizational units responsible for a particular service (inclusive of City departments and ABCs) will work collaboratively with the services providers working toward the same community outcome. Each plan is developed on a four year cycle, coinciding with the term of Council. While the focus of and contents of service delivery plans must meet the needs of the organization, key components of the plans are presented in Table 2. 11 158 CITY OF SAINT JOHN PLANNING FRAMEWORK Table 2: Proposed service delivery plan format PROJECT CHARTER MAY 2008 Service Delivery . • • Description Strategic Results Identification of planned strategic results for the service area. These results reflect Council's priorities and strategies set out in the corporate strategic plan. These results will guide decision - making in the planning and delivery of service offerings. Business and Service Drivers Identification of external factors (opportunities and constraints) that can impact service delivery. Consideration is given to these issues in shaping the delivery of service. Service drivers may include legislation, standards and agreements, managed growth, demographic changes and evolving citizen expectations, asset management, sustainability, systems analysis, civic partnerships, and the workplace. Customers & Stakeholders Identification of all customers and stakeholders that are either directly or indirectly impacted by service delivery. Further refinement of these stakeholders will identify the communities within Saint John that will benefit from service delivery and the needs that will be addressed. Service Identification Identification of the services that contribute to the priorities set by Council. Linkages are made between service value and its contribution towards achieving desired outcomes. Service Processes and Actions Closer analysis of community outcomes and consultation with the public will identify the service level standards required to achieve the desired impact in the community. For each service, processes related to the delivery of the intended service output are identified. W ith respect to these processes, service level standards and actions are also identified. The standards and actions are based on the strategies that Council has proposed as well as the directions set out in the corporate strategic plan. The service plan will also identify how service processes will be consolidated across the organization to support collaborative delivery of service. Performance Measures Identification of performance metrics related to each of the process actions and service areas identified. Metrics will focus predominately on efficiency at the service and process level, with relevant effectiveness metrics related to service value. Budget Direction and Service Budget(s) Identification of budget directions adopted by Council (i.e., priorities) and presentation of budgets for each service identified in the plan. Budgets are developed based on priorities, opportunities, and constraints. Service Dependencies Identification of services from other service delivery plans that contribute to the achievement of Council's strategic results. Identification of these dependencies reinforces the need to collaborative work across the organization to achieve results. Accountability and Continuous Improvement Although planning plays a significant role in ensuring the effective and efficient delivery of services, while improving accountability and transparency in decision making, it is only part of the equation. During the execution phase of service delivery, the public has to have the confidence that the plans are being carried out as intended and are having the desired results in the community. 12 159 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 Regular performance reporting is required to improve accountability in the public sector. Performance is measured in terms of effectiveness (impact on the community) and efficiency (maximizing the use of limited resources). Throughout the planning framework, metrics are incorporated into each of the planning components. In designing performance indicators, it is important to select and report on metrics that provide context to what the community is trying to achieve; always relating back to the community's vision. Without this context, the municipality does not gain the credibility it needs to effectively manage the business of municipal government. In addition to reporting, services must be reviewed regularly to ensure that they are being delivered in the most effective and efficient manner possible. Performance metrics will also be used to identify areas of improvement in service delivery. As improvements to services are identified, service plans must be adjusted to reflect these changes. This information must also be reported back to the public. The proposed planning and reporting cycle6 shown in Figure 5 corresponds to the timeframe covered by Council's priorities, as well as the corporate strategic plan and service delivery plans. As stated previously, this is the most manageable timeframe when considering the ultimate goal is the community's vision which extends seventy -five to one hundred years into the future. 6 Corporate Overview 2006 -2008, City of Calgary. Page 13. 13 160 CITY OF SAINT JOHN PLANNING FRAMEWORK 1.3 Project Goals, Objectives & Deliverables PROJECT CHARTER MAY 2008 The goal of the Planning Framework Project is to develop, adopt and implement a planning approach that supports the achievement of a vision for the community. This comprehensive and complex planning effort will result in the effective and efficient delivery of service, while improving accountability and transparency in decision - making. Several projects will be undertaken to achieve this goal, some of which are currently underway. The projects that support the overall planning approach must: • reflect the overall planning approach adopted within this project charter, recognizing that changes to the framework may occur as more information becomes available, • reflect the Strategic Reference Model for the City of Saint John, designed to guide the decision - making process — ensuring that service delivery contributes to desired outcomes in the community, • ensure there is a clear distraction and understanding of roles for those stakeholders involved in the planning process, more specifically the differentiation between the governance function that is focused on long -term policy planning for the community and the administrative function that is focused on the alignment and efficient delivery of public service; • ensure that sustainability principles are applied when making planning decisions in order to balance competing needs, • engage all stakeholders in the planning approach to ensure that everyone is working toward a common purpose, • ensure that public participation is encouraged through the planning lifecycle, and • provide a framework for effective performance reporting to improve accountability in decision - making; Deliverables for this project include: • the development and adoption of a comprehensive approach to planning — translating vision into action that ensures service delivery contributes to desired outcomes in the community, while improving accountability and transparency in decision - making, • project charters created for the development of each of the planning components outlined in the planning framework including Community Vision (addressed in the Community Sustainable Growth Vision Project currently underway), Integrated Community Sustainability Plan, Council Priorities (addressed through the 14 161 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 implementation plan being developed for the Saint John Governance Project that is currently underway), Corporate Strategic Plan, and Service Delivery Plans; and principled project management of the projects identified in this charter resulting in the successful completion of planning documents including a community vision, Integrated community Sustainability Plan, Council Priorities, Corporate Strategic Plan and Service Delivery Plans; and the development and adoption of a performance management and reporting system to improve accountability and support continuous improvement in service delivery. 1.4 Project Scope Unlike most project charters, the scope of this project is inclusive of all project deliverables outlined in the related project charters inclusive of: • Planning Framework: Translating Vision into Action • Performance Management & Reporting System • Community Vision • Integrated Community Sustainability Plan • Council Priorities • Corporate Strategic Plan • Service Delivery Plans Although a performance management and reporting system will be developed, the related projects identified in this charter will not focus on the implementation of this system. 1.5 Critical Success Factors Critical to the success of this project will be the active engagement of all stakeholders, ensuring that everyone is working toward a common purpose. Each component of the planning framework as proposed is depended on the next, requiring all those responsible for planning to understand and actively participate in the process to ensure that planning results in the delivery of real value to the community. More specifically, Council must maintain a focus on long -term policy planning. They must focus on the needs of the community, prioritizing and developing strategies to address those needs. Council should not be involved in planning the day -to -day operations. As an administrative responsibility, Council's priorities will guide the delivery of service. Commitment of the senior management team to actively participate in corporate planning, including the corporate strategic plan and service delivery plans is also critical to the success of this project. Their leadership will be required to support the cultural shift proposed in Vision 2015; focusing on an integrated approach to service delivery that will contribute to community outcomes rather than on departmental interests. 15 162 CITY OF SAINT JOHN PLANNING FRAMEWORK PROJECT CHARTER MAY 2008 Success of this project will also rely on the timely completion of deliverables outlined in the related project charters. In order to ensure proper alignment of services with community outcomes, all information must be available to complete the planning process. 1.6 Assumptions Considerable work has gone into refini n Saint John. This model describes the necessary linkages between community eventually result in the achievement of a Reference Model is acceptable to use a framework. 1.7 Constraints g the Strategic Reference Model for the City of business of municipal government; making the outcomes and day -to -day operations that will vision for Saint John. The assumption is that this s the basis for the development of the planning In managing this project, the main constraint that must be given attention to ensure project success is time. The project dependencies related to both long -term policy planning and corporate planning require that all projects are managed to ensure intended project results are delivered within scheduled time allocations. 16 163 CITY OF SAINT JOHN PROJECT CHARTER PLANNING FRAMEWORK MAY 2008 SECTION 2: PROJECT AUTHORITY & MILESTONES 2.1 Funding Authority Since a number of stakeholders throughout the organization will be contributing to the completion of this project, funding is essentially provided through the 2007 and 2008 operating budgets for both the general fund and utility fund. Although no funds have been specifically allocated to the project, these funds represent the planning work that would normally be undertaken as part of the civic administration. Any funding support required beyond normal planning requirements will be managed within operating budget for the Vision 2015 Program. 2.2 Project Oversight Authority All recommendations related to policy planning must be adopted by Common Council. This includes the proposed framework for planning and performance management. Also included is the planning documents that will be generated throughout the project. The senior management team must also commitment to the planning process; fostering the need to work collaboratively in service delivery. 2.3 Major Project Milestones Milestone /Deliverable; Target Date' Planning Framework June 2007 Community Vision December 2007 Integrated Community Sustainability Plan June 2008 Council Priorities August 2008 Corporate Strategic Plan October 2008 Service Delivery Plans December 2008 Performance Management System December 2008 17 164 M & C — 2008 -165 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Performance Management BACKGROUND In March of this year Council referred a letter from then Deputy Mayor Hooton regarding performance measurement to staff. The letter suggested the City begin to benchmark certain services as a means of comparing its costs to other municipal jurisdictions. The purpose of this report is to provide an update for Council on the actions that are being taken to implement a performance management system for all City services. ANALYSIS Local government interest in performance measurement arises from an increasing demand to be more accountable and transparent in their decision - making and deliver more and better services. The public wants to be assured that their tax dollars are being spent on the things that matter to them, namely top quality services that enhance their quality of life. At the same time there is continued pressure on government to keep the property tax rate under control, contributing to the notion of doing more with less. As a result, government must have mechanisms in place to demonstrate that it is meeting public expectations in terms of service delivery and make performance improvements when necessary. Simply stated, performance measurement is a means of evaluating what has been accomplished against stated goals and objectives. Most performance measurement systems focus on operational performance reporting that include effectiveness and 165 Performance Management Page 2 of 4 efficiency metrics. Effectiveness assesses whether or not services and their related programs are having the desired impact in the community in terms of achieving planned outcomes. They speak to the value derived from the delivery of service. Efficiency focuses on the cost of achieving intended outcomes. Historically, government has focused their reporting on efficiency - measuring what it has produced in terms of outputs (e.g., number of lane kilometers of roadway paved). Such measures tend to focus on how busy the government has been rather than on the value that has been realized in the community. Although there is a need to report on efficiency, focusing too heavily on output ioften results in local government losing sight of its role in the community. More recently, there has been a shift in reporting priorities with government putting a greater emphasis on effectiveness. In addition to effectiveness and efficiency measures, government has an obligation to report on its financial performance and compliance requirements. Financial performance reporting compares actual spending with that of budget allocations and ensuring that service is managed in accordance with sound financial management principles and controls. In terms of compliance, local government must demonstrate that it is delivering service in accordance with relevant laws, authorities, policies, regulations, standards and accepted standards of conduct. A key challenge in identifying performance measures is deciding what to measure. Any useful performance measurement system must fit in with strategic planning efforts. Strategic planning recognizes what the community values and identifies desired outcomes that fulfill these needs. The key to effective performance measurement is to know what the community expectations are and selecting reasonable, easy -to measure data that will clearly show progress or lack of progress towards these goals. Another challenge in identifying performance measures is knowing how much to measure. Without limits on the establishment of performance measures, there is the potential to add a large layer of bureaucracy simply focused on producing complicated data and analysis that does not lend itself to solving performance issues, or worse, that no one reads. Effective performance management requires a balance between measuring performance and actually performing. Performance measurement is largely an information gathering exercise and as a stand- alone process will not achieve accountability, transparency, and service improvement goals. The true value of performance measures is their use in a systems approach to managing performance. Realizing the benefits of performance measurement requires government to determine what to measure and how to use that information to effectively achieve community and organizational goals. The answers to these questions then become the foundation for the development of a performance management system. Performance management systems define the practices and procedures that ensure service delivery works to achieve planned outcomes. Processes that occur within a performance management system include setting clear objectives through strategic planning or policy 166 Performance Management Page 3 of 4 development; measuring performance; communicating performance; comparing performance to desired objectives; and taking action to close any gap between desired objectives and actual performance. Processes are designed to meet the specific needs of an organization, including accountability, transparency and service improvement goals. Actions being taken: As part of the Vision 2015 Program of Excellence, a project is underway to develop a performance management system for the City of Saint John. Delivery of the system is planned for December 31, 2008. As part of this project, a performance management framework will be created that will outline the criteria for establishing performance measures and how these measures will be used in meeting our goals to improve accountability, transparency, and service performance. The project will also deliver a set of performance measures (based on the criteria defined in the system) for the services currently being offered by the City. The goal for the proposed performance management system will be to develop a launching point to further the process of continuous improvement in our service delivery functions both in terms of effectiveness and efficiency. Care must be taken in determining the measures that will be used as municipal government is complex and does not neatly follow the bottom line approach to management as in the private sector. A major component of the bottom -line in public service is a translation of community expectations into community outcomes, which are not easily converted to dollars and cents. With this in mind, the approach to the project will be to keep it simple to start and build onto the system as successes in meeting accountability, transparency, and service improvement goals are realized. Since 2005, when Common Council formally adopted the Vision 2015 Program of Excellence, a tremendous amount of work has been completed that will directly contribute to the creation of a performance management system and its related performance measures for the City of Saint John. Most significant is the creation of a community owned vision and goals. This work provides the basis for other strategic planning efforts such as the Integrated Community Sustainability Plan (ICSP), that identifies community outcomes. This information is essential for establishing meaningful performance measures. All of the City's services have been catalogued and defined against a standardized methodology, including the services of the City's agencies, boards and commissions. Understanding what services the City currently offers and how they contribute to community outcomes further supports the development of meaningful performance measures. Work is now underway to identify the major processes associated with each of these services. As part of this work, benchmarks will be developed that can be used in the analysis of services with respect to performance, providing the basis for the development of service improvement strategies. 167 Performance Management Page 4 of 4 CONCLUSION Performance measurement holds a lot of promise. It can be a valuable tool in helping elected officials and public managers make better informed decisions, determine the best use of limited resources, enhance service quality, and improve communication with citizens. However, these results are only realized if performance measurement initiatives are properly implemented_ Without careful consideration of what and how much to measure, performance reporting has the potential to become the sole activity, rather than a means by which to improve service delivery. Municipal government must be cautioned, however, when comparing results with other municipalities. Performance measurement cannot take a one -size tits all approach. The development of effective, meaningful performance measures is derived from strategic planning initiatives, allowing government to track its progress towards meeting the expectations of the community.. Municipalities provide a complex range of services that have evolved in various ways over time to meet the needs of our communities. In most cases there is not a uniform standard set for the delivery of a service; at best there are simply minimum standards that must be met. The potential exists to make comparisons for services that may appear to be the same, but have very different goals and standards to which they are actually delivered. RECOMMENDATION That this report be received and filed for information purposes. Respectfully submitted, Andrew eckett CA Deputy ty Manager Terry L. Totten FCA City Manager 168 REPORT TO COMMON COUNCIL June 18, 2008 ft o His Worship Mayor Ivan Court and Members of Common Council City of Saint John Your Worship and Councillors, Re: Neighbourhood Development Funding — Terms of Reference Common Council approved a funding envelope of $150,000 in the 2008 operating budget for neighbourhood development. Council subsequently approved $25,000 for the CVROC group and a new application has been received from the Westside PACT for development funding. The attached general terms of reference has been prepared to assist applicants inquiring about the requirements to secure funding and to provide a means of assessing the applications once received. The proposed criteria are broad and reasonably flexible. The funding is targeted at achieving tangible outcomes in local neighbourhoods. More specifically, "Programs or stand alone projects focused on building leadership capacity, neighbourhood planning, new program development or new service delivery in response to priority neighbourhood issues." There is also provision for funding to assist neighbourhoods to organize local planning/priority sessions. Evaluation of funding applications will be based on factors such as neighbourhood support, other funding sources, community representation, organizational capacity the ability to achieve the desired outcomes. The Terms of Reference were submitted to the staff at the Human Development Council, Vibrant Communities, Leisure Services and Urban Core Support Group for review. A concern was expressed that the requirement for 50% matching funding may disadvantage access to funds by vulnerable neighbourhoods. The requirement for matching funding has not been an obstacle to date. As noted CVROC has been a successful applicant and a positive recommendation is being put forward for the Westside PACT. Staff believe that the need for some matching funding supports a more sustainable `hand -up' approach rather than a short-term `hand -out' 169 approach and will better ensure neighbourhood support and commitment for the initiatives being put forward for funding. The effectiveness of the funding program will be reviewed at year end with the participating neighbourhood organizations to determine if revisions to the Terms of Reference are warranted. Motion That Common Council approve the attached Terms of Reference for the Neighbourhood Development grant funding program. Respectfully Submitted, J. tricl'Woods CGA �� Terrence L. Totten FCA City Manager 170 Terms of Reference Neighbourhood Development Stimulation Grants Purpose; To stimulate locally sponsored initiatives to address priority neighbourhood issues Eligible Programs; Programs or stand alone projects focused on building leadership capacity, neighbourhood planning, new program development or new service delivery in response to priority neighbourhood issues. Applicants must demonstrate how the issue was identified as a priority and how the proposal responds to the issue(s) identified and broad based neighbourhood support for the proposal. Eligible Expenses; Staffing and goods and services related to the approved application. Note that all expenses are subject to audit and receipts must be retained for inspection. Application; A letter of request submitted to the City of Saint John (attention K. Carson Leisure Services) including; • a description of the project • name of sponsoring individual or organization including contact information • background information on the applicant — experience, members, executive etc • projected budget including sources and uses of funds • other identified /confirmed sources of funds • specific outcomes to be achieved • time lines for implementation of the project • details re staffing requirements /qualifications /job description • details re resources provided /required — office, technology etc Applicants; Proposals will be considered from individuals, non - profit neighbourhood groups, or community based organizations. Funding; Annual funding to a maximum of $25,000 is available for each approved application. Applicants must demonstrate approved funding in an amount equal to 50% of the amount to be provided by the City has been obtained or is available from other sources. Total annual funding for the program is limited to $150,000. Direct funding up to $1,500 is available to assist neighbourhood groups with organizing neighbourhood planning/priority sessions. Deadlines; Applications will be reviewed and a decision rendered within 30 days of the submission deadline. Assessment Criteria; Applications will be assessed on innovation, the ability of the project and /or program proposal to achieve the stated outcomes, the long -term benefits /impact of the proposal, level of neighbourhood support, citizen representation on the sponsoring agency and the availability of matching funds. Equal consideration will 171 also be given to the qualifications, experience, organizational ability and stability of the applicant to sponsor /implement the proposal. Reporting; Approved applicants must submit a brief mid -term progress report and a final report within 45 days of completion of the program outlining the outcomes that have been achieved. 172 REPORT TO COMMON COUNCIL June 18, 2008 l ®s His Worship Mayor Ivan Court and Members of Common Council City of Saint John Your Worship and Councillors, Re: Grant Funding — Westside PACT Attached is a funding request from the Westside PACT organization for funding support to engage a Community Coordinator and to support general operations. The Terms of Reference for this funding state; Applications will be assessed on innovation, the ability of the project and /or program proposal to achieve the stated outcomes, the long -term benefits /impact of the proposal, level of neighbourhood support, citizen representation on the sponsoring agency and the availability of matching funds. Equal consideration will also be given to the qualifications, experience, organizational ability and stability of the applicant to sponsor /implement the proposal. The attached memo from K. Carson, Recreation Manager, confirms that the neighbourhood organization is active, has broad representation, has secured other sources of funds, has a specific plan and their work will add value to the existing efforts at the Carleton Community Centre. The funding will help to provide needed staff resources and to work towards achieving their stated priorities. 173 Motion That Common Council approve funding in the amount of $25,000 for Westside PACT from the Neighbourhood Development program to fund a Community Coordinator salary and to support program operations. itted, oods Manager 3 /t/Vt,�-�6" �Cn errence L. Totten FCA City Manager 174 MEMO To: Pat Woods, Deputy City Manager Fr: Kevin Carson, Recreation Manager Re: Westside PACT funding request June 2/08 Mr. Woods: I have followed up with Mary Lou Price's Westside PACT (Police and Community Together) request for $25,000 from the City Neighbourhood Development Stimulation Grant. Dave O'Toole and I met Mary Lou April 24/08 at the new building housing the Westside PACT group, including the Community Police Officer, Danny Oram. Mary Lou and I have continued our conversations to collect more data. Mary Lou has provided the required info (see attached): 1. Westside PACT history & funding request 2. Board of Directors contact listing 3. Westside PACT Priority Projects 4. Budget & Funding Partners 5. Community Development Coordinator (CDC) description The Board's content is diverse and skilled. Members include residents, corporate, school and recreation individuals. President, Mary Lou Price is a dedicated & skilled leader. Significant is the budget needs to operate the community building. The City covers the electricity, power & security camera for hosting the community police officer. All other requirements, i.e. cleaning (inside /out) are Westside PACT's responsibility. Corporate sponsors include Vibrant Communities — $4,800 (2008); Moosehead - $30,000 (2007 -09); Logistec $5,000 (2007 -09); Simms - $5,000 (2007 -09). The hiring of a Community Development Coordinator will assist obtaining new partnership sponsorship opportunities. Westside PACT is an important ingredient to this community and the new funding is perfect for such a group. I believe they will continue to work with the community and our Carleton Community Centre to provide improved services. Recommendation: grant Westside PACT (Police and Community Together) a $25,000 grant to service a one year period. 175 The Westside P.A.C.T. Community Development Program The four priority projects for the Westside P.A.C.T. Community Development Program are: 1/ Establishing Food Bank in more accessible area for lower west residents: a) research location b) research best practices c) community partners d) staff /volunteers 0 3/ Wellness Clinic: a) equipment costs b) staffing costs c) renovation costs d) research best practices Funding sources: Moosehead Breweries T.S. Simms Huestis Insurance City of Saint John Province of N.B. 0 2/ After school Program similar to the programs offered at St. Rose and Prince Charles Schools: a) research location b) research best practices c) community partners d) local resident involvement e) staff /volunteers 4/ Youth Council a) work with local community centre b) engage local youth c) community partners d) volunteers Community Partners: Saint John Police Department St. Patrick's School Beaconsfield School Carleton Community Centre Community Health Centre Teen Resource Centre Local Churches 176 X94115/ If There are other projects being worked on by the subcommittees of the group. On the morning of May 13/08, a Health and Wellness Information Session was held at the Westside P.A.C.T. office, focusing on Blood Pressure. There was a pharmacist from the Community Health Centre, to answer any questions relating to medications, along with a community health nurse and a paramedic who also answered questions and took blood pressures. 13 people attended, including members of the Saint John Fire Department from Station 6. A healthy snack was provided. Feedback was positive, and it was suggested that one be held in the evening to accommodate those who are working. On May 28, from 6.00 — 8:30 p.m., there will be a health and wellness fair sponsored by Westside P.A.C.T. held at St. Patrick's School. Food and prizes will be provided. There will be local vendors on hand to promote healthy living and activities. The Atlantic Health Sciences Corporation will also have booths set up to health and wellness. On the morning of May 29, there will be a community clean sponsored by Westside P.A.C.T., City of Saint John, SJPD, ACAP, and local business, which will involve St. Patrick's School and Beaconsfield School. The clean up will be followed by a BBQ in the St. Patrick's playground. This is the second community cleanup involving the schools, and is a very positive way to engage the local youth in green management along with pride in their community. 177 Westside P.A.C.T. Community Development Coordinator Hours of work: days, evenings, possibly weekends — 37.5 hours weekly Job Purpose: The Community Development Coordinator will act as a facilitator for the Westside P.A.C.T. community group and the residents of the Lower West side. They will also be the liaison between other community groups, all levels of government and various business representatives. To assist the Westside P.A.C.T. Community in implementation of its vision for the future, goals and strategies for neighbourhood leadership and renewal. Support resident -led community development (planning, prioritizing, facilitating and evaluating) Submit program and funding proposals Provide feedback to board members and community Qualifications: The successful candidate should possess a university degree, and a background in community work. Experience with nonprofit organizations would be considered an asset. Demonstrated administrative skills such as leadership, communication, sound judgment, decision making, critical thinking, problem solving and the ability to organize and direct an interdisciplinary team are also required. Salary: Dependent upon qualifications /eduacation & experience 178 West Side P.A.C.T "To inspire our community of the West Side P.A.C.T. by reducing crime, revitalizing the area, and improving the quality of life for our friends and neighbours." 200 Ludlow St. P.O.Box 24057, R.P.O. Lancaster, Saint John, N.B. E2M 5R8 Phone: 693 -8735 westsidepact(W rib.aibn. com Dear Mr. Carson In the fall of 2006, there had been meetings held with the Saint John Police force and interested members of the community to discuss the future of the Westside. From these meetings, the emergence of the Westside P.A.C.T (Police and Community Together) came to be. In early January 2007 interested members of the community formed a thirteen imember board of directors to address community issues and needs. In a partnership with the Saint John Police Force, work was done to establish a new community police office on the lower west side. Funding was obtained from Provincial and Local governments as well as local business. Our brand new building was delivered July of 2007. It houses the offices of the West Side P.A.C.T. community group, a fire prevention office and Community Police Office. An open house was held in August, and the tum -out was very positive. Surveys were handed out, and out of 100 surveys, we had 62 returned. Highly requested services /programs included a computer skills lab, (for research, homework, etc.), tutoring programs, violence prevention, health programs for all age groups. (flu clinics, HPV vaccine, birth control injections, smoking cessation, weight loss.... to name a few) The community also requested information regarding resources /support programs, that could be offered or referred. A lot has been accomplished in our very short existence of 1 Y7- years. We are incorporated and have completed our application for charitable status. Sub- committees have been formed to address issues. Some examples are: 1) A Youth Council, to engage local youth and to provide them with a voice regarding positive changes in the area 179 2) A Health Committee is looking at health /clinic services that could be provided in the area 3) A Beautification Committee to support and encourage, clean up and preservation of green spaces and problem areas. We have established a connection with St.Patrick's, Beaconsfield School, and the Carleton Community Centre. We are working on establishing a "separate" youth council, made up entirely of local youth, who will bring ideas, questions, or issues to the Westside P.A.C.T. board meetings. Their participation in the community revitalization is imperative to its success. We have contacted Scott Crawford at the TRC, for assistance in establishing programming /resources for youth at risk. In June 2007, a community clean up and barbeque was held with the local schools, ACAP, Saint John Police Force, City of Saint John and the local business association. Food was donated by the Comfort Inn, Tim Horton's, Atlantic Super Valu, and Sobey's. Tee shirts were provided by Tim Horton's. Participation plaques were donated by Lester's Trophies. The children and teachers were escorted around the neighbourhood by police, who were in vehicles, on foot and bikes. ACAP provided the group with gloves and garbage bags. The amount of refuse collected was phenomenal. It was deposited in a designated area at St.Patrick's School, where it was picked up by the City trucks. After handwashing, students were provided with hotdogs, drinks, timbits and apples. It was such a huge success with the children, that THEY decided to make it an annual event. This year it is being held on Thursday, May 29. In November 2007, The Westside P.A.C.T. was honoured at a Crime Prevention luncheon in Fredericton for work that has been done to reduce crime in the community. The number of "drop -ins" to the office to speak with the community officer has steadily increased, since the opening. Residents saw a decrease in vandalism, and according to police stats, the number of break and enters were down. The Westside P.A.C.T. issued keys so officers have 24 hour access to the building. Local residents felt that this would help make the "after hours" police presence in the neighbourhood more "visible ". Also in November, we held a flu shot clinic in conjunction with the Community Health Centre. We had the highest turnout of all the neighbourhood clinics, at 21. From that clinic, it was decided to offer bi- weekly "wellness information sessions ". These will be starting in early May. The sessions will range from blood pressure checks, glucose monitoring, asthma information, information for new mothers, etc., whatever the demand is from the community. These services will be provided by the community health nurse and a paramedic. Vision screening, 3 1/2 year old clinic, and some dental "checkups" are being provided in the local schools by our Community Health Nurse, Jill Roberts. We hope to expand health and wellness services to include well baby clinics in the fall of 2008. 180 In December 2007, we held another open house, to give the neighbourhood an opportunity to come in, have a light lunch, and be updated on our progress. From that, we connected with some local people who were interested in volunteering. Two are now volunteering at the community office, while others will be tapped for future projects. We have invited Martha McLean from Community Health to help establish a "Food Purchase" program, that could run in conjunction with the "Community Kitchen" program being established this fall at the Carleton Community Centre. The Westside P.A.C.T. would also like to see a Westside Food Bank, established in the neighbourhood, for easy access by people in the community. The present food bank is in a location that makes it unreachable for many. Funds are needed to assist with this start up. Also hoping to establish a program in the same location, similar to a "Coats for Kids ", and a program that will assist families with school supplies, etc. Another program that we wish to start up in the fall, is an after school program, similar to ones offered at Prince Charles School, and St. Rose School. This would provide reliable child care in a safe environment, where homework is done (with assistance if needed) an after school snack would be provided. Hours of operation would vary. Our greatest need at this time is funding for a Community Development Coordinator, along with funding for program operations. We feel that it is very important to have a liason between the Westside P.A.C.T. and the community. The Community Development Coordinator, will facilitate and develop programs, as well as forge relationships with all levels of government, and local business. They would also would assist local residents in developing and participating in neighbourhood leadership and renewal. We are working on securing funds from several partners, but that takes time. For this position, we need to secure $25,000 for the remaining '/2 year salary and operating expenses. We are asking the City to provide us with $25,000 for this year and to consider providing funds over the next five years. We appreciate the opportunity to discuss our request in more detail. Sincerely, Mary Lou Price President Westside PACT 181 Westside P.A.C.T. executive and board members Title Name E -Mail Address Phone Numbers President Mary Lou Price mlp(r) ,rogers.com 400 Riverview Dr 635 -8844 (h) 648 -7227 (w) Saint John NB E2M I M7 Paramedic NBEMS Vice- President Jim Murray ittmurr a,nb.symnatico.ca 672 -7755 463Champlain st Saint John E2M 1S1 business owner Secretary Margaret Reid maireedarogers.com 672 -9458 384 Watson St Saint John NB E2M 1 H4 homemaker Treasurer Dawn Cosman dcosman ii carsowayslogisties.com 672 -2179 (h) 167 St George St 633 -9129 (w) Saint John NB 333 -4606 (c) E2M 2A9 Account manager Pro 2 o Director Ivan Court Ivan.courta_saintiolin.ca 672 -0872 2 Valentine Blvd. Saint John NB E2M 509 Retired Director Cheryl Graham Cag2003 a.nbnet.nb.ca 672 -6246 446 Lancaster St Saint John E2M 1 K5 M'e- Accounting Irving Oil Director Mike mikemccl@nb.sympatico.ca 634 -1503 McCluskey 479 Pleasant St Saint John NB E2M 2P3 Self employed Director Sue Palmer CN2444.whg com 674 -1351 186 Lancaster St Saint John NB E2M 1 J3 Manager Comfort Inn 182 Officer Tammy Caswell 674 -4137 Community Policing Office Interim Community Police Officer Dan Oram 183 Director Wendy wenmatha.nb.symoatico.ca 647 -1934 (c) Matheson 202 Tower St Apt.I Saint John NB E2M 1 Z2 Customer service Director Elisabeth Porter 215 Winslow st 672 -4551 (h) Saint John NB E2M 1 W9 retired Director Art Sisk 721 Tippett Dr 672 -1284 (h) Saint John NB E2M 4Y9 arthur. siskC& &bed. nb. ca Principal District 8 Director Ed Harned 365 Beaconsfield Cr 672 -9321 (h) Saint John NB E2M 2I-17 refired Director Mac Taylor 263 Rodney St 674 -2810 Saint John NB E2M 1X5 retired mac taylor a.hotmail.coin Officer Tammy Caswell 674 -4137 Community Policing Office Interim Community Police Officer Dan Oram 183 Bill Cost Phone Bill 1,800.00 Hydro 0.00 Internet 1,200.00 Insurance 600.00 Buil clean 2,400.00 Clean Sup 600.00 Btrm Sup 360.00 Snow /Land 6,000.00 Waste Re 2,202.00 Build Maint 1,800.00 Office Supplies 775.00 Yearly total Summary of Monthly total January 1,787.00 February 1,450.00 March 1,450.00 April 1,450.00 May 1,450.00 June 1,450.00 July 1,450.00 August 1,450.00 September 1,450.00 October 1,450.00 November 1,450.00 December 1,450.00 Summary yearly total 17,737.00 17.737.00 184 City Manager's Office P.O. Box /C.P, 1971 Bureau du directeur general Saint John, NB /N. -B. Canada E2L 41-1 m www.saintjohn.ca a June 23, 2008 The city of saint John His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Realignment of the Governance Structure: Public Safety Communications Centre PURPOSE At its Committee of the Whole meeting on January 07, 2008, Common Council considered a comprehensive report submitted jointly by the Chief of Police, the Fire Chief, the Director of Information Systems and Support and the City Manager. The report outlined the background on the planning, development and operation of the Public Safety Communications Centre, and how the centre is currently organized and managed. It also discussed the evolving and changing role of the centre in the provision of public safety services within the community and the opportunities available to transition to a new operational and organizational model. As a result of the report, Council adopted the following recommendations; 1.0 That the day to day management responsibilities for the PSCC be transferred to the Saint John Police Force effective January 01, 2008. Further that the current employees of the PSCC be transferred to the Saint John Police Commission t effective January 01, 2008 to support the new governance model. 2.0 That the PSCC Services Committee be established with a terms of reference that includes: 185 Report to Common Council — Realignment of Governance Structure -PSCC •A composition of the Fire Chief, the Police, Deputy Police Chief and Deputy Fire Chief; • Chairmanship that is rotated between the Fire Chief and Chief of Police on a scheduled basis; • Responsibility to meet at least quarterly; •An understanding of all parties that no significant change in structure, technology, or service delivery shall occur outside this service agreement without the consent of both the Fire Chief and Chief of Police; • Utilizing a consensus based approach in establishing the strategic direction and performance standards for the center. As well, this approach will be used when reviewing, evaluating and approving the various technologies and applications used within the PSCC, including Computer Aided Dispatch (CAD) and the related report management and associated applications used by the SJFD and SJPF; • Responsibility to regularly receive and review reports on PSCC activity; • Responsibility to review the annual business plan /workplan and associated budgets for the PSCC; • Responsibility to be aware of and to review and sanction proposed significant changes to PSCC business practices; • To be a conduit to resolve any operational issues that are not resolved at the staff level; •To provide strategic direction. The final terms of reference will be developed and approved by the Fire Chief and the Chief of Police on or before January 31, 2008. 3. That, on or before January 31, 2008, a Service Level Agreement be established between the PSCC and the SJPF, and between the Commission and the City relative to the SJFD, related to the services to be provided to each. 4. That the approved 2008 operating budget for the PSCC be transferred to the Saint John Police Force; further the Force be requested to maintain the budget June 23, 2008 Page 2 186 Report to Common Council — Realignment of Governance Structure -PSCC as a separate fund and not to incorporate it into its overall budget for policing services. 5. That the agreement with the Province for the delivery of 911 services, with the Province's approval, be transferred to the Police Commission. 6. Similarly the agreements with Grand Bay- Westfield Fire, and the Province of New Brunswick for the Musquash and Simonds Fire Services be transferred to the Police Commission 7. That all revenues received from current and future agreements are to be credited to the General Fund. The purpose of this report is to receive Council's approval of the attached Memorandum of Agreement (MOA) related to the transfer of responsibility for the PSCC to the Police Commission. ANALYSIS The attached MOA has three main components: 1. The terms and conditions related to the transfer of the operation and management of the PSCC to the Police Commission. These terms are generally in line with the report considered by the Council in January with the exception of: • the change in responsibility will be effective July 07, 2008. • the initial term of the agreement will be July 07, 2008 to December 31, 2012, with applicable provision for renewal. 2. The terms of reference for the PSCC Services Board are included as Appendix C. Article 6.0 of the MOA allows for the terms be changed by the mutual agreement of the Chief of Police and the Fire Chief. 3. Appendix D provides the terms of the service to be provided by the Commission to the City for the Saint. John Fire Department. Article 7.0 provides for these terms to be changed with the mutual consent of the Chief of Police and the Fire Chief. June 23, 2008 Page 3 187 Report to Common Council - Realignment of Governance Structure -PSCC INPUT FROM OTHER SOURCES The MOA has been reviewed by the solicitor for the City and by the solicitor for the Police Commission. RECOMMENDATIONS It is recommended that Common Council approve the attached Memorandum of Agreement with the Board of Commissioners, Saint John Police Force related to the transfer of responsibility for the management and operation of the Public Safety Communication Centre, subject to review by each party's solicitors and further authorize the Mayor and Common Clerk to sign the Memorandum on behalf of the City. Respectfully Submitted; Terrance Totten, FCA City Manager June 23, 2008 Page 4 188 MEMORANDUM OF UNDERSTANDING The City of Saint J- 1Respecting the Public Safety Communications Centre THIS MEMORANDUM OF UNDERSTANDING made as of the day of 2008; BY AND BETWEEN: The Saint John Police Commission, hereinafter called "The Commission" -AND- The City of Saint John, hereinafter called "the City" PREAMBLE WHEREAS City operates a Public Safety Communications Centre (PSCC) to provide emergency and non- emergency communications services to its Police Force and its Fire Department; AND WHEREAS the City wishes to transfer of day to day management responsibility of the PSCC to the Saint John Police Commission; ( AND WHEREAS the Commission agrees to accept the responsibility for the day to day management of the PSCC; AND WHEREAS the Commission and City wish to document the terms and conditions of the transfer of responsibility; AND WHEREAS the Commission and the City wish to set out the terms and conditions of the services to be provided to the Saint John Fire Department by the PSCC; NOW THEREFORE the 'City and the Commission agree to enter into this Memorandum of Understanding as follows: 1 mft — Version 7 0 Jane 18, 2998 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 II www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L7 186 ARTICLE 1 1.01 Definitions In this MOU: INTERPRETATION 911 Call means a telephone call routed over telephone service facilities which is placed by a caller dialing the digits '9 -1 -1' on a PBX system and ' "9 -1 -1' or ' #9 -1 -1' or '911 on a cellular phone and 911 over the VolP network. Call Processing means the procedure whereby an operator in the City's PSCC receives a request for the Saint John Fire Department, and based upon approved Standard Operating Guidelines, and if appropriate in the circumstances, dispatches the appropriate fire apparatus, and records the caller and the responder information. Computer Aided Dispatch (CAD) means the utilisation of a computer system to determine the appropriate response to an emergency based upon the type of incident and its location. The Incident Processing component of CAD allows report numbering and applicable call information to be generated from the system. Coverage Area means The City of Saint John, and such areas outside the City where the Saint John Fire Department has agreements to provide service. CUPS' LOCAL 486 means the Canadian Union of Public Employees, Local No. 486, which is the sole bargaining agent for all employees of the City and the Commission engaged in clerical and technical work Emergency means a situation where the safety of people or of property is at risk. It is a situation where special services and assistance are required immediately. Establishment means the listing, approved annually by Common Council, of positions within the organization that may be filled by a permanent employee. PSAP is a Public Safety Answering Point designated by the NB911 Act to process 911 calls PSAP Standards are the standards as established from time to time by the Province of New Brunswick for the operation and maintenance of a Public Safety Answering Point within the Province of New Brunswick Draft — Version 7.0 June 18, 2008 190 ', PSCC means the Public Safety Communications Centre as operated by the City. Standard Operating Guidelines are those documents created to provide procedural direction to the PSCC staff when processing requests for service for emergency service providers and with matters related to the general operation and functioning of the PSCC. Trunk Radio Network means a method for two -way radio communications, which involves the mutual sharing of a small number of communication paths among a large number of users. The network in Saint John is operated by Aliant Telecom, which provides access to various users. For the purposes of accessing the Network, each user is identified as a `fleet'. A Talk Group is a subset of a given fleet, whose normal communications do not require interface with other subsets of the fleet. Draft — Version 7.0 June 18, 2008 191 3 ARTICLE 11 TERM 2.01 This MOU is effective May 05, 2008, and subject to Article 2.02, continues in full force until December 31, 2012. 2.02 This MOU can be extended by mutual consent of the parties for an additional term or terms under the same terms and conditions. 2:03 If the parties are unable to agree to reach agreement on extending the agreement, the responsibility to operate the PSSC will revert to the City, inclusive of all physical assets and equipment at place at the time. ARTICLE III FINANCIAL CONSIDERATIONS 3:01 The City will provide ;the Commission with an operating budget of $ 2,062,840 for 2008, as summarized in Appendix A, provided that the Commission will fund all approved expenditures incurred by the City in operating the PSCC, for the period January 01, 2008 to May 05, 2008. 3.02 The Commission will maintain the operating budget for the PSCC as a separate fund and will not incorporate it into the overall operating budget approved annually by Common Council for the Saint John Police Force. 3:03 The Commission will annually, beginning in 2009, submit a budget to the City for the operation of the PSCC. The City commits to providing the Commission with an annual budget adequate to operate the PSSC in accordance with this'MOU. 3:04 The City will provide the necessary space and necessary electrical and other services, at the Saint John City Hall Building or at such other facility that may be mutually agreed, to be utilized by the Commission as the location of the PSSC. 3:05 The City will provide the necessary space and necessary electrical and other services, at Fire Station #1 or at such other facility that may be mutually agreed, to be utilized) by the Commission as the location of a secondary communications centre. 3.06 The City shall provide space for the PSSC and secondary centre at an notional annual rent of $1.00 payable by the Commission. Draft — Version 7.0 June 18, 2008 192 4 ARTICLE IV HUMAN RESOURCES 4:01 The approved 2008 establishment for the PSCC consists of: Position Management/Union Number of Positions Operations Manager M mt 2 PSCC Supervisors Union 4 PSCC Operator Union 16 CADSpecialist Union 1 Admin. Assistant Union 1 Total 1 24 4:02 The City transfers to the Commission, the approved established positions and the associated operating funding. 4:03 All permanent employees who are not subject to the collective agreement between the City and CUPE Local 486 will become employees of the Commission; such employees shall become subject to the terms and conditions of employment applicable to the Commission's non -union civilian employees. 4:04 All permanent employees who are subject to the collective agreement between the City and CUPE Local 486 will become employees of the Commission; such employees shall become subject to the terms and conditions of the agreement between the Commission and CUPE Local 486. 4:05 All individuals employed by the City in a temporary basis within the PSCC will also be transferred to the Commission. The names of these individuals are noted in Appendix B. 4:06 All positions within the PSCC will be staffed by civilians; except such police and fire personnel who may from time to time be seconded to the PSCC for specific projects. Such secondments will be subject to approval of the PSCC Services Committee. 4:07 In the event that the responsibility to operate the PSSC reverts to the City pursuant to Article 2.03 of this MOU or otherwise, the Commission will transfer the approved established positions and the associated operating funding to the City and the City will accept transferred personnel. Draft — Version 7.0 June 18, 2008 193 l ARTICLE V TRANSFER OF AGREEMENTS TO PROVIDE COMMUNICATIONS SERVICES 5:01 The Commission agrees to accept responsibility for fulfilling the City's rights and obligations under the following agreements; Customer Service Term of Agreement Annual Fees (2007) Province of New Delivery of NB 911 Service July 01, 2005 to June Brunswick for designated area 30, 2009 $377,633. Town of Grand Bay- Communications Services for Westfield Fire Ends Dec. 31, 2008 $ 13,700. Province of New Communications Services for Brunswick Mlusquash Fire Ends Dec. 31, 2009 $ 7350. Province of New Communications Services for Brunswick Simonds Fire Ends Dec. 31, 2008 $ 7350. 5:02 The revenues received from these and any future agreements that the Commission may enter into related to the provision of services by the PSCC, will be treated as General Revenue of the City. 5.03 It is understood that as the above -noted agreements expire, the Commission will be responsible for negotiating the terms of any such renewals and for entering into renewa� agreements. ARTICLE VI PSCC SERVICES COMMITTEE 6:01 The parties shall establish a PSCC Services Committee. The Terms of Reference for the committee are outlined in Appendix C. 6:02 The Terms of Reference may be revised from time to time upon the mutual agreement of the Chief of the Saint John Fire Department and the Chief of the Saint John Police Force. The Commission and the City shall be advised of said changes at their next scheduled meeting following the approval of the changes. ARTICLE VII SERVICE TO THE SAINT JOHN FIRE DEPARTMENT 7.01 The Commission, through the PSCC, shall provide communications services to the Saint John Fire Department on the terms and conditions as outlined as outlined in Appendix D. Draft — Version 7.0 June 18, 2008 194 6 7:02 The parties agree that the Appendix D may be revised from time to time based upon the mutual agreement of the Chief of the Saint John Fire Department and the Chief of the Saint John Police Force. The Commission and the City shall be advised of said changes at their next scheduled meeting following the approval of the changes. ARTICLE VIII CONFIDENTIALITY 8:01 The parties shall abide by all applicable federal and provincial legislation with respect to the protection of privacy in effect from time to time, including the Personal Information Protection and Electronic Documents Act. ARTICLE IX DEFAULT AND TERMINATION OF AGREEMENT 9.01 Default shall be deemed to have occurred should a party fail to observe or perform any of the obligations contemplated by this MOU and such party has not, within thirty days of receiving written notice of such default from the other party, either remedied the default or taken appropriate steps toward that end.. 9.02 In the event that the party in default has not remedied the default as herein provided, the party who is not in default may terminate this MOU by serving a notice of termination on the other party specifying the effective date of such termination. ARTICLE X NOTICE 10.01 Any notice required pursuant to this MOU will be in writing and delivered personally, by courier, or sent by registered mail (with proper postage), to the addresses listed heriein, or to such other address as either party may from time to time indicate ''by notice in writing to the other. In the event of a strike or other disruption of postal service, only delivery either personally or by courier or by such other means as is mutually agreeable and confirmed in writing will be considered effective. The City: The Common Clerk City of Saint John 15 Market Square P.O. Box 1971 Saint John N.B. E21- 41-1 (with a copy to the City Manager - address as above) Draft — Version 7.0 June 18, 2008 195 Police Commission: The Chairman Board of Saint John 15 Market Square P.O. Box 1971 Saint John N.B. E21- 41-1 Police Commissioner (with a copy to the Chief of Police - address as above) 7 i E i 10.02 Any notice or communication given by hand delivery is to be deemed to have been given and received on the date of delivery. Any notice or communication sent by registered mail is to be deemed to have been given and received five (5) days after the date of mailing in Canada. Any notice or communication given by facsimile is to be deemed to have been given on the next business day after such notice or communication was sent by the notifying party. Either party hereto may change its address for service including its facsimile at any time by notice in writing given as aforesaid to the other party hereto. IN WITNESS WHEREOF the parties hereto have caused this MOU to be duly signed by their respective authorized officials. Signed by the The City of Saint John Mayor Common Clerk Date of Common Council Resolution: Signed by the Date of Board Resolution: Draft — Version 7.0 June 18, 2008 Saint John Police Commission Chairman Secretary 196 8 3i. APPENDIX A Summary of 2008 Operating Budget Public Safety Communications Centre Account Code Description 2008 Budget 110 - 1602 - 444 -10 -02 Wages - NU 146,342 110- 1602 -444 -10 -04 Wa es - 486 993,304 110-1602-444-10-10 Wages - Term 290,449 110-1602-444-11-04 OT 486 55,000 110 - 1602 -444 -11 -10 OT Temp 10,000 110 - 1602 - 444 -14 -04 Fringe Benefits 366,298 Personnel $ 1,861,394 110- 1602 - 444 -20 -04 Postage 300 110- 1602- 444 -20 -08 Telephone 53,000 110 - 1602 - 444 -20 -12 Travel 10,600 110 - 1602 - 444 -20 -16 Training 33,400 110 - 1602 - 444 -20 -22 Memberships 910 110 - 1602 - 444 -20 -30 Other General Services 4,500 110 -1602- 444 -30 -30 Software Maintenance 66,097 110 -1602- 444 -32 -04 Office Equipment 700 110 - 1602- 444 -40 -02 Meals 3,600 110 - 1602 - 444 -40 -14 Office Supplies 8,500 110 - 1602 - 444 -40 -15 Books / Periodicals 500 110 - 1602 - 444 -40 -21 Custom Printed Material 300 110- 1602- 444 -40 -50 Other Goods 5,000 110- 1602- 444 -70 -20 Computers 14,040 110 - 1602 - 444 -90 -14 Office Furniture 0 110 - 1602 - 444 -90 -16 Office Equipment 0 Goods & Services $ 201,447 Total $ 2,062,840 Draft — Version 7.0 June 18, 2008 197 9 Draft — Version 7.0 June 18, 2008 APPENDIX B 198 10 APPENDIX C Terms of Reference PSCC Services Committee PURPOSE The purpose of the PSCC Services Committee is to: • Ensure that the services provided by the Public Safety Communications Centre meet the operational needs of the Saint John Fire Department and Saint John Police Force; • Ensure the Saint John Fire Department and Saint John Police Force retained equal responsibilities for its ongoing management of the PSCC; • Foster a collaborative and harmonious relationship between parties. ROLE AND FUNCTIONS OF TH!g COMMITTEE The committee has the following role and function related to the operation and management of the PSCC: • Utilizing a consensus based approach, to establish the strategic direction and performance standards for the center. • To review, evaluate and approve the various technologies and applications used within the PSCC, including Computer Aided Dispatch (CAD) and the related report management and associated applications used by the SJFD and SJPF; no significant change in the technologies and /or applications shall occur without the consent of Committee; • To regularly receive and review reports on PSCC activity; • To review and recommend the annual business plan /work plan and associated budgets for the PSCC, including appropriate staffing. Draft — Version 7.0 June 18, 2008 199 11 • To be aware of and to review and approve proposed significant changes to PSCC business practices, performance standards and service delivery methods and procedures; • To be a conduit to resolve any operational issues that are not resolved at the staff level; • To review and recommend proposed agreements with other agencies and organizations associated with the provision of communications services by the PSCC; MEMBERSHIP The committee will be comprised of the Fire Chief, the Police, Deputy Police Chief and Deputy Fire Chief; Chairmanship of the committee will be rotated between the Fire Chief and Chief of Police on a scheduled basis. MEETINGS The Committee will meet at least once per quarter; A quorum will consist of three members; The Chairman is responsible for the preparation and distribution of meeting agenda and meeting minutes. Draft — Version 7.0 June 18, 2008 rM 12 APPENDIX D SUMMARY OF SERVICES TO THE SAINT JOHN FIRE DEPARTMENT 1.0 PURPOSE The purpose of this document is to outline the level and standard of service to be provided by the Public Safety Communications Centre for the Saint John Fire Department. 2.0 SCOPE The scope of this agreement is related to the services to be provided by the PSCC to the Department within the City of Saint John and within those areas outside of the City boundaries where the Department has an agreement to provide services. 3.0 SERVICES TO BE PROVIDED BY THE COMMISSION The Commission, through the Public Safety Communications Centre (PSCC) shall provide the following communication services for the Department, in accordance with the Standard Operating Guidelines approved by the parties; 3.01 Call Processiln .1 Process calls for the Department which are made from within the coverage area and are received through the current non- emerge ncy telephone numbers (649 -6030) or their replacement numbers, including requests for mutual aid. .2 Process calls for the Department, which are made from within the coverage area, and are received through the NB 911 service. 3 Process calls for the Department, received from other emergency service providers both within and outside the coverage area. 4 Provide such operational support for the Fire Service personnel when responding to a call as is provided for by the PSCC Standard Operating Guidelines. Draft — Version 7.0 June 18, 2008 201 13 3.02 Radio Utilize the Trunk Radio communications with access designated by the Department. 3.03 Telephone 3.04 3.05 Network for primary radio to specific talk groups as Termination in the PSCC of the published, non - emergency telephone number for the Department. Logging Recorder Tapes 1 Record all communication on incoming telephone lines and on the designated TMR Talk Groups, on a logging recorder located in the PSCC. 2 Provide access to the recordings to the Department, on an as required basis, and maintain the tapes as the property of the Commission for a period consistent with the PSCC's Standard Operating Guidelines. Computer Aided Dispatch Process all calls received from within the coverage area using the SunGard HTE Computer Aided Dispatch Application. Based upon the type of incident and its location, a recommended response will be provided. .2 For calls for which there is no geographic information available in CAD, the appropriate information will be entered into the CAD system. However, the system will be unable to provide a recommended response to incidents in these areas. Response determination for these areas will be manual. .3 Provide the Department with access to the CAD system for the purposes of call review, gathering of statistical information and for operational purposes that may be required and agreed to. Draft — Version 7.0 June 18, 2008 202 14 3.06 Staffing Staff the PSCC on a 24 -hour basis to a level necessary to ensure the services provided to the Department are to the standards outlined in Section 5.0 2 Staff the PSCC with Operators and Supervisors who have successfully completed the necessary training to effectively process calls for the Department. ARTICLE IV - SERVICES TO BE PROVIDED BY THE CITY 4.01 4.02 4.03 Telephone The City is responsible for acquiring and maintaining access to the non - emergency telephone system utilized by the PSCC for Department calls, including all associated costs, and appropriate publication of numbers. Radio The City will maintain the necessary network access to the Trunk Radio system operated by Aliant Telecom, including all necessary software and hardware and all associated costs directly related to the Department. 2 The 0y, in partnership with Aliant Telecom, is responsible for ensuring that the total Coverage Area is adequately served by the Trunk Radio Network both with portable and mobile radios, to ensure efficient radio communications between the PSCC and the Department. Computer Aided Dispatch The City will provide all necessary inputs and assistance in the maintenance and operation of the CAD system for the Department within the City. .2 If the Department determines the need to utilize the attributes of the CAD system for areas outside of the City, it will provide, to a mutually satisfactory level, a combination of human and financial resources, required for the development, implementation, and maintenance, of the CAD system for those areas. Draft — Version 7.0 June 18, 203 15 2 The City will meet all security requirements, as established by the Commission, relative to the access to and the utilization of information from the CAD system. ARTICLE V — STANDARD OF SERVICE The following standards will be used in the provision of communication services: 5:01 Standard Operating Guidelines The services to the Department will be delivered in accordance with Standard Operating Guidelines jointly developed and approved by the Parties 5.02 Call Processing Times 1. All 911 calls will be answered within three (3) rings ( <_ 18 seconds), 95% of the time; 2. All 911 lines will have answering priority over seven digit non - emergency lines or administrative lines; 3. All 911 calls requiring a response by the Department will be dispatched within 60 seconds, 95% of the time. 4. All requests for service received for the Department by means, other than through 911, will be dispatched within 90 seconds, 95% of the time. 5:03 Call Reviews The PSCC Standard Operating Guidelines will address the process related to a request from the Department to review a call for service. All requests for a review of call will be processed within three (3) business days from the date of receipt. 5:04 Performance Review and Quality Assurance Standards 1. The PSCC will review the audio and CAD related information for a minimum of 5% of calls for service received for the Department on a monthly basis by the PSCC. Every effort shall be taken to include a relative sampling of calls, including major incidents, calls involving multiple ESP's and requests for Draft — Version 7.0 June 18, 1008 16 204 medical assistance. A representative sample of each operator's activity should be provided for. 2. The review must compare actual processing times against the standards outlined in 5.02 3. The PSCC will provide the Department and the PSCC Services Committee on a quarterly basis with a report generated from their reviews including the comparison between established and actual standards as well as any steps taken to deal with any discrepancies. 5:05 Release of Information The PSCC will not release any information related to the provision of service to the Department, to a third party, without the written consent of the Fire Chief or his designate. Draft — Version 7.0 June 18, 2008 205 17 June 4, 2008 Your Worship and Councillors: SUBJECT: Subdivision Application- 50 Newport Crescent The Planning Advisory Committee considered the attached report at its June 3, 2008 meeting. This letter deals with the proposed subdivision for this site. It should be noted that that Committee's recommendation with respect to the rezoning of the property was the subject of a separate letter from the Committee to Council. Mr. Byron Thomas, Chairman of the Newport Village of the United Church of Canada Inc. Board appeared to speak in support of the application and indicated that he was in agreement with the recommendation set out in the staff report. No one appeared to speak in opposition to the application and no letters were received. After considering the report and the applicant's statement, the Committee adopted the recommendation as set out below. The Committee also approved variances to reduce the minimum required lot width for proposed Lot 08 -01, permit 20 off -site parking spaces for the housing development and permit shared access to the parking area. RECOMMENDATION: 1. That Common Council assent to a subdivision plan for the proposed creation of Lot 08 -01 and 08 -02 from the property at 50 Newport Crescent as generally shown on the attached Portland United Church of Canada Tentative Subdivision Plan and to any required municipal services or public utility easements. 2. That Common Council assent to the proposed cash -in -lieu of Land for Public Purposes dedication equal to 8% of the market value of the land in the subdivision at the time of submission for final subdivision approval. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08-145 0Ii. DATE: MAY 30, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 3, 2008 Sarah Herring, MCIP Planner Name of Applicant: Newport Village of the United Church of Canada Inc. Name of Owner: Portland United Church Location: 50 Newport Crescent PID: 42531 (portion thereof) Municipal Plan: Medium Density Residential Zoning: Current: "IL -1" Neighbourhood Institutional Proposed: "RM -1" Three Storey Multiple Residential Proposal: To construct a 31 -unit non - profit housing development and subdivide a parcel of vacant land. Type of Application: Rezoning, Subdivision and Variances to: a) reduce the required parking from 39 on -site parking spaces to 20 off -site parking spaces, b) permit shared access to the proposed parking area. 04110 Newport Village Page 2 50 Newport Crescent May 30, 2008 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, June 9, 2008. The Act also authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City /Developer Subdivision Agreements. The Committee is also authorized to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land located at 50 Newport Crescent, having an area of approximately 2.4 hectares , also identified as being a portion of PID Number 00042531, from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential. 2. That Common Council assent to a subdivision plan for the proposed creation of Lot 08 -01 and 08 -02 from the property at 50 Newport Crescent as generally shown on the attached Portland United Church of Canada Tentative Subdivision Plan and to any required municipal services or public utility easements. 3. That Common Council assent to the proposed cash -in -lieu of Land for Public Purposes dedication equal to 8% of the market value of the land in the subdivision at the time of submission for final subdivision approval. 4. That, pursuant to Section 39 of the Community Planning Act, the proposed development Lot 08 -01 and 08 -02 as generally shown on the attached subdivision plan, be subject to the condition that: a) the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas, amenity space and other site features. The approved site plan must be attached to the building permit application for the development; and 04111:3 Newport Village Page 3 50 Newport Crescent May 30, 2008 b) the site shall not be developed except in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. 5. That the Planning Advisory Committee grant the requested variance to reduce the minimum required lot width from 22 metres to approximately 20 metres for the proposed Lot 08 -01 as generally shown on the attached Portland United Church of Canada Tentative Subdivision Plan. That the Planning Advisory Committee grant the requested variance to reduce the required parking from 39 on -site parking spaces to 20 off -site parking spaces, on condition that the 20 off -site parking spaces are provided on the adjacent Portland United Church property at 50 Newport Crescent, as shown on the attached site plan, and are clearly reserved for the exclusive use of the apartment complex by an agreement between the two property owners to the satisfaction of the Development Officer. 7. That the Planning Advisory Committee approve the requested variance to permit shared access to the parking area for the proposed non - profit housing development. BACKGROUND: In July of 1990 the Planning Advisory Committee and Common Council considered an application from Newport Village to construct a 20 -unit non - profit housing development at 20 Newport Crescent. This application required the property to be rezoned from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential and variances from the parking requirements of the Zoning By -law. The proposed development was approved, with 10 of the 25 required parking spaces being provided on the adjacent Portland United Church property and access to the parking area also being shared between the church and the housing development. The site of the apartment development was later subdivided from the remainder of the church property. Newport Village Inc., the developer and applicant, is a non - profit body set up to develop the non- profit at 20 Newport Crescent and the current project. The Portland United Church has donated the lands for both of these developments and the current project would also be funded under the Federal - Provincial Affordable Housing Program initiative. INPUT FROM OTHER SOURCES: 48M Newport Village Page 4 50 Newport Crescent May 30, 2008 Municipal Operations and Engineering advises that: a) The developer's engineer will have to determine if the existing water, sanitary and storm sewers on Newport Crescent are of sufficient capacity, quantity, pressure, etc. for the proposed development, b) The driveway from Newport Crescent should be constructed at 90 degrees to the radius of the street, c) The developer's engineer must prepare a site drainage plan to ensure that adjacent land owners are not affected by drainage runoff from the development; and d) The City of Saint John is reconstructing Rope Walk Road in 2008, and the developer should contact the City's project coordinator to align any work that may be interconnected. Building and Technical Services advises that there are no apparent Building Code concerns at this time. Saint John Transit has been advised of this application. Saint John Energy has been advised of this application. Aliant Telecom has no issues with this rezoning. The new development will require an extension of existing facilities either from Ropewalk Road or Millidge Avenue, and Aliant will work jointly with the developer and SJ Energy regarding this. Rogers has been advised of this application. Maritimes & Northeast Pipeline has been advised of this application. Enbridge Gas has been advised of this application Fire Department has been advised of this application. page] Newport Village Page 5 50 Newport Crescent May 30, 2008 ANALYSIS: Subject Site and NeigZhbourhood The subject site is located at the corner of Rope Walk Road and Millidge Avenue, behind Newport Crescent and the Portland United Church, in the City's North End. The irregularly shaped 4.2 hectare (10.4 acre) site currently contains the Portland United Church and a large area of vacant land. A 6,200 square metre (1.5 acre) parcel was subdivided and rezoned in 1990 to permit the existing 20 -unit non - profit housing complex at 20 Newport Crescent. Both the church and the apartment complex are accessed via Newport Crescent and then a driveway through both sites. Although Newport Crescent is a public right -of -way, the developed portion of the street does not extend the full length to Rope Walk Road. The surrounding area contains a variety of multiple - family dwellings, including the Crescent Valley provincial housing development to the east, and a number of institutional and public uses including the Shamrock School and Shamrock Park to the west and the Crescent Valley Community Centre to the north. Proposal The applicant is proposing to develop a 31 -unit affordable housing complex similar to the existing complex at 20 Newport Crescent. The two - storey apartment building is proposed to be located on a 7,726 square metre (1.9 acre) parcel of land to be subdivided from the parent parcel at 50 Newport Crescent, and a second 1.76 hectare parcel of vacant land will also be subdivided from the parent parcel. Although proposed Lot 08 -01 will abut Rope Walk Road at its western edge, access to the proposed building will be via the existing private driveway off Newport Crescent that extends between the existing Portland United Church and apartment building at 20 Newport Crescent (all as shown on the attached site plan). The applicant has indicated that joint access agreements currently exist for the church and apartment at 20 Newport Crescent, and a similar agreement would be made regarding the proposed development. This application also involves the rezoning of both Lot 08 -01 and 08 -02 to permit residential development, and variances for parking and lot width issues. Other variances may become apparent as more detailed site development plans are submitted. Rezoning The proposed rezoning of approximately 2.4 hectares of the property at 50 Newport Crescent from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential (proposed 211 Newport Village Page 6 50 Newport Crescent May 30, 2008 Lots 08 -01 and 08 -02) is permitted under the current Municipal Plan designation of the area as Medium Density Residential. The rezoning is required to allow the proposed non - profit housing development, and is compatible with the surrounding neighbourhood. Most of the surrounding area is zoned "RM -1" Three Storey Multiple Residential, including the adjacent apartment development at 20 Newport Crescent. The proposed rezoning of Lot 08 -02 would also permit future residential development of this site. Subdivision The applicant also intends to subdivide two parcels of land from the parent property at 50 Newport Crescent. Lot 08 -01 will be the site of the proposed apartment complex and includes a 6 metre (20 foot) services easement running down the east side of the parent property as well as frontage on Rope Walk Road. Lot 08 -02 is currently vacant, and has frontage on Millidge Avenue. The proposed lots meet the requirements of the Zoning and Subdivision By -laws in all regards, with the exception that Lot 08 -01 is approximately 20 metres (65.6 feet) wide at setback whereas the Zoning By -law requires a minimum lot width of 22 metres (72.2 feet) of lot width for multiple dwellings in the "RM -1" Three Storey Multiple Residential zone. This variance can be supported as it is relatively minor, and the proposed building is set well back from the front lot line. The Subdivision By -law requires a dedication of land for public purposes or cash -in -lieu for subdivisions, and the applicant has requested that a cash -in -lieu dedication be considered. Given the site's close proximity to existing public open space, such as Shamrock Park, this request can be supported. If Council accepts cash -in -lieu of land, a dedication equal to 8% of the market value of the land in the subdivision at the time of subdivision approval will be required prior to final subdivision approval. Variances The Zoning By -law requires a minimum of 39 on -site parking spaces for the proposed 31 -unit apartment complex. While there is more than sufficient space on the proposed lot for this parking, the applicant is requesting that existing parking for 20 vehicles at the rear of the adjacent Portland United Church be used instead. The Church does not require or use this parking area and the applicant does not believe all 39 parking spaces required by the Zoning By -law will actually be needed for the non - profit development as many tenants will not own vehicles. This proposal requires that the Committee grant variances to reduce the required number parking spaces from 39 on -site parking spaces to 20 off -site parking spaces, and to approve a shared private access to the parking area. PAIN Newport Village Page 7 50 Newport Crescent May 30, 2008 The proposed off -site parking arrangement and the required variances can be supported given the relationship between the Portland United Church and Newport Village Inc., the location of the parking spaces directly adjacent to the apartment complex property, and the fact that these spaces are not required for the church. Also, a similar arrangement was previously approved by the Committee for the other non - profit apartments at 20 Newport Crescent. The proposed parking should be clearly reserved for use only for the apartment development. CONCLUSION: The requested rezoning, subdivision and variances required to permit a non - profit apartment complex at 50 Newport Crescent can be supported as the development will be compatible with the surrounding neighbourhood and the proposed parking and access arrangements are in keeping with the prior development and context of the subject site. It is recommended, however, that standard conditions regarding the development of the site and a requirement that the proposed 20 off -site parking spaces be reserved for the use of the apartment complex be put in place. SKH Project No. 08 -145 213 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT / IL • L \ i• •�..._ _ .� • i� , «G 9b0 cow( .r1-- -pouf Barry Ct.' - \ .. ��i ,;i • ,Net Dr. •`• .. � —� '1 - F _ / • �c�' a<`• ��• k r coo "° � »• \� � e p �,• t– cour Memorial C___t: 1P(s): Subject Site/site en question: 000425 000425 31 (portion) Location: 50, croissant Newport Crescent Date: May 24 mai 2008 Scale /echelle: Not to scale /Pas a 1'echelle 214 1 pl. Hydro 0 1 c , n' c � s� o. i car Fc NCt yy.•« .. oov�a� couf P� � «G 9b0 cow( .r1-- -pouf Barry Ct.' - \ .. ��i ,;i • ,Net Dr. •`• .. � —� '1 - F _ / • �c�' a<`• ��• k r coo "° � »• \� � e p �,• t– cour Memorial C___t: 1P(s): Subject Site/site en question: 000425 000425 31 (portion) Location: 50, croissant Newport Crescent Date: May 24 mai 2008 Scale /echelle: Not to scale /Pas a 1'echelle 214 1 pl. Hydro 0 1 c , n' c � s� o. i car Fc L.C+ OB-C)"L (=� SITE DEtiELDP14 ENT PLAN -0 -2- PAR 216 0110* 1, t IM ml H V.. tla VWNI IV Tl� IWO, 216 0110* 216 June 18, 2008 Your Worship and Councillors SUBJECT: Proposed Highlands of Drury Cove Subdivision, Phase 12 Project File: 110 Drury Cove Road The Committee considered the attached report at its June 17, 2008 meeting. Scott MacDonald, President of Drury Cove Developments Inc., attended the meeting on behalf of the applicant and indicated his agreement with the staff recommendation. Mr. MacDonald also responded to questions from Committee members concerning the details of the proposed subdivision. No other persons addressed the Committee and no letters were received. After considering the matter, the Committee adopted the recommendation in the attached report. RECOMMENDATION That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted 36 -lot (approximately) Phase 12 extension of the Highlands of Drury Cove Subdivision, located at 110 Drury Cove Road (portions of PID Nos. 55178909 and 297572), with respect to the vesting of the proposed public streets, land for public purposes and any required municipal services easements and public utility easements, except that the proposed LPP parcel extending from Shoreline Drive to Drury Cove shall be increased in size by consolidation with portions of Lots D -3 and D -6 and /or the landlocked parcel adjacent to PID 55171847. 2. That Common Council authorize the preparation and execution of one or more City /developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Respectfully submitted, Stephen Horgan Chairman Attachment Project No. 08 -176 217 DATE: JUNE 13, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 17, 2008 Randall G. Pollock, MCIP, RPP Planner Name of Applicant: Drury Cove Developments Inc. Name of Owner: Drury Cove Developments Inc. and Best Value Rentals Ltd. Location: Highlands of Drury Cove (Project File: 110 Drury Cove Road) PID: Portion of 55178909 and 297572 Municipal Plan: Low Density Residential and Open Space Zoning: "RSS" One Family Serviced Suburban Residential Proposal: To develop a further phase of the Highlands of Drury Cove Subdivision Type of Application: Subdivision JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the creation of public streets and land for public purposes (LPP) in a&] Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 2 June 13, 2008 conjunction with the subdivision of land. In addition, the Subdivision By -law authorizes the Committee to approve the names of new streets in a subdivision, and to approve the creation of a lot with access other than a public street. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By -law. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted 36 -lot (approximately) Phase 12 extension of the Highlands of Drury Cove Subdivision, located at 110 Drury Cove Road (portions of PID Nos. 55178909 and 297572), with respect to the vesting of the proposed public streets, land for public purposes and any required municipal services easements and public utility easements, except that the proposed LPP parcel extending from Shoreline Drive to Drury Cove shall be increased in size by consolidation with portions of Lots D -3 and D -6 and /or the landlocked parcel adjacent to PID 55171847. 2. That Common Council authorize the preparation and execution of one or more City /developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. 3. That the Planning Advisory Committee approve the proposed street name Shoreline Drive. 4. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By -law to permit proposed Lots D -6, D -8, D -9, D -10, D -11 and D -12 to abut the shore of Drury Cove and the Kennebecasis River with no intervening street or LPP parcel. 5. That the Planning Advisory Committee approve the proposed private right -of -way access for the approximately 8- hectare (20 -acre) Lot 08 -01 on the submitted Highlands of Drury Cove & Best Value Rentals Ltd. subdivision plan, as well as Lot D -9 on the submitted Highlands of Drury Cove Subdivision — Phase 12, until such time as the right -of -way area is vested as a public street. BACKGROUND: On December 16, 2002, Common Council rezoned the subject site and surrounding lands, totalling approximately 100 hectares (250 acres) to "RSS" One Family Serviced Suburban Residential in order to permit the development of a residential subdivision (The Highlands of PA MI Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 3 June 13, 2008 Drury Cove) with an ultimate total of approximately 330 serviced lots. The rezoning was enacted subject to an agreement pursuant to Section 39 of the Community Planning Act dealing with the design, timing, construction, contract administration and cost responsibilities for the required extensions of trunk services to the area. Among other things, the agreement provides for the developer's payment to the City of a "lot levy" of $2,500 for each residential lot created on the lands. At the same time, Common Council gave its assent to the Phase A and B subdivision plans, with respect to the streets, land for public purposes (LPP) and any required easements, and authorized the necessary subdivision agreement(s). The Planning Advisory Committee had earlier recommended the assent, as well as approved a proposed private access for some of the lots and granted variances to permit several lots in Phase A and B to directly abut the shore of Drury Cove. On November 10, 2003, Common Council assented to a revised subdivision plan for Phase A and B and rezoned an area near the entrance of the subdivision to "B -2" General Business and "TH" Townhouse. The Committee had recommended the rezoning and assent at its meeting on October 24, 2003. At that time the Committee also approved a number of new street names and granted variances to permit shorefront lots, reduced lot widths for some lots located at the ends of cul -de- sacs, increased cul -de -sac lengths for Osprey Terrace and Fox Point Drive, and a four -way intersection at Fox Point Drive /Deer Glen Drive. On February 16, 2004, Common Council assented to a further revised subdivision plan for Phase A and B, which was recommended by the Committee at its meeting of February 10, 2004, when the Committee also approved some additional street names for the development as well as revised variances responding to the revised layout of the subdivision. Some further minor revisions to the plan have been approved since that time, such as the shortening of Osprey Terrace (approved by Council in 2005), but the development is otherwise proceeding in accordance with Council's assent of February 16, 2004. To date 29 single - family lots have been created and nine condominium units have been constructed (or are under construction) in the "Phase A and B" area. There is still a potential for an additional thirty or so lots to be created, as well as substantial additional condominium or traditional townhouse development, within this original phase. Finally, on August 24, 2004, the Committee approved a proposed private right -of -way access to what is now PID No. 55171847 at the end of Osprey Terrace in order to permit the lot to be created prior to completion and vesting of the public streets. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments: • The municipal sewer easement shown on the proposed subdivision plan should be a Municipal Services Easement. At this time, the purpose of this easement is unknown until detailed engineering plans are submitted for review. Also, additional municipal services el Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 4 June 13, 2008 easements may be required to direct surface water drainage to the Kennebecasis River. The developer must submit engineering drawings to verify if the proposed municipal services easement(s) is /are of sufficient width. If not, then the developer will be required to provide a wider easement. • The sanitary sewers will be reviewed upon submission of detailed engineering plans to the C ity. . • The developer must provide a detailed engineering site drainage plan to the City for review. • The developer's engineering consultant must ensure that the water system is of sufficient pressure for the proposed development and it should be noted that a water booster station may be required due to the elevations in order to provide adequate water pressures. • Detailed engineering (street) plans must be provided to the City by the developer's engineering consultant for review. Building and Technical Services has no concerns with the proposal. Saint John Transit advises that it does not offer service in this area. Saint John Energy has been advised of the proposal. Aliant Telecom advises that it has no issues with the proposed subdivision. Aliant will work jointly with the developer and Saint John Energy, as an extension of the current underground structure and facilities will be required. Rogers has been advised of the proposal. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. Leisure Services advises that its primary interest with respect to land for public purposes in this area is to facilitate the development of a trail connection through this general area to the Town of Rothesay. Such a trail does not necessarily have to follow the shoreline. Fire Department has no objection to the application, provided that the road is designed and constructed to meet or exceed the National Building Code Standard 3.2.5.6 (Access Route Design). The Fire Department will also require that the hydrant network be extended throughout with appropriate hydrant placements. The department will reserve the right to review the development as it progresses. Nothing in this assessment precludes the raising of additional concerns or recommendations based on the state of the development at a future date. NB Department of Environment advises that the proposed lots along the water must have adequate developable area outside the 30 -metre (100 -foot) regulated buffer. Watercourse and 221 Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 5 June 13, 2008 wetland alteration permits will not be issued where the alterations within the 30 -metre buffer along watercourses and wetlands can be avoided in the planning stages. School District 8 has been advised of the proposal. ANALYSIS: Site and Surrounding Area The subject site is an approximately 15- hectare (37 acre) parcel of undeveloped land on the shore of Drury Cove and the Kennebecasis River, immediately north of the existing developing portion of the Highlands of Drury Cove. Much of the site is heavily treed and has rugged terrain. The waterfront areas of the parcel consist mainly of high cliffs and steep slopes toward the water, except for the area of the proposed public access to King's Beach, which is (relatively) more gently sloping. The site is part of the much larger area that was rezoned in 2002 for the Highlands of Drury Cove development. Proposal The applicant proposes to develop approximately 36 new residential lots on extensions of Deer Glen Drive and Drury Cove Road, as well as a new public street (proposed name, Shoreline Drive), as illustrated on the attached tentative plan. The proposed development also includes two new land for public purposes (LPP) parcels, totalling 3300 square metres (0.8 acres). The proposed lot sizes and character of the development would be similar to that of the existing Highlands of Drury Cove neighbourhood' . The area is permitted to develop to the "serviced suburban residential" standard, which provides for large suburban -style lots on paved streets with overhead utilities and ditches for storm drainage, rather than the full urban standard of underground wires, piped storm sewers and streets with curbs and sidewalks. However, it should be noted that the developer has actually developed the existing subdivision to a higher standard than is required, including some underground utilities as well as a pedestrian trail system that utilizes both LPP areas and street rights -of -way. This voluntary higher standard of development is expected to continue in the present proposed phase. As noted in the Background, the site has been rezoned to "RSS" One Family Serviced Suburban Residential, which permits the proposed subdivision. The policies of the Municipal Development Plan call for the development of this part of the City as a low density residential area. The proposed subdivision for the development of one - family dwellings is consistent with these policies and is in character with the existing pattern of development in the Highlands of Drury Cove. ' One of the lots on the tentative plan (Lot C -5) is shown as having slightly less than the required minimum lot area of 1400 square metres (15,069 square feet). The developer has confirmed that this oversight will be corrected in the final subdivision plan by shifting the boundaries of the adjacent lots by a slight amount. " Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 6 June 13, 2008 The proposal requires Common Council's assent to the subdivision plan with respect to the location of streets, LPP and necessary easements for municipal services and utilities. In addition, the Planning Advisory Committee's approval of the proposed street name, Shoreline Drive, is required, as well as consideration of a variance to permit lots to abut the shoreline directly. Finally, the applicant has requested that the Committee approve, as an interim step in the development, the creation of a large lot (out of which would be created one of the subdivision lots) that will not initially have services or public street access. Proposed Public Streets and Street Layout As noted above, the developer proposes to extend both Deer Glen Drive and Drury Cove Road and to develop one new street to provide access to the proposed lots. With respect to the extension of Drury Cove Road, it should be noted that there will initially be a "gap" in the public street portion of Drury Cove Road, from the Fox Point Road intersection to the Deer Glen Drive intersection, as this section has not yet been fully completed and vested as a public street. However, this section of Drury Cove Road is currently passable with a gravel surface and will be fully completed and vested in due course in conjunction with the continuing development of the original phases of the subdivision. The proposed street layout is logical and appropriate for the development of the site, providing frontage on a public street for all of the proposed lots. Assent with respect to the proposed public streets can be recommended. Land for Public Purposes The Subdivision By -law requires that six percent of the area of the lots in a subdivision be dedicated as land for public purposes (LPP). In this case, the applicant is proposing the creation of two LPP parcels. One parcel of approximately 1500 square metres (0.37 acres) extends the existing LPP that was taken in the previous phase, resulting in a pedestrian connection from Osprey Terrace to Drury Cove Road. The other LPP parcel, with an area of approximately 1800 square metres (0.44 acre) is a pedestrian access from Shoreline Drive down to the shore at King's Beach, providing a public access point on the cove. The proposed boundaries of this latter LPP parcel result in oddly shaped extensions of the adjacent Lots D -3 and D -6, as well as a landlocked parcel adjacent to the large existing lot to the south. These extensions and the landlocked area should be added to the LPP and /or consolidated with adjacent lots in order to eliminate the odd jogs in these lots and result in a slightly larger LPP dedication for the current phase. The total LPP requirement for this phase, based on six percent of the area of the 36 lots, is actually 8356 square metres (2.1 acres). While the area of the proposed LPP parcels amounts to a total of only 3300 square metres (0.8 acres), the dedications of more land than required in previous phases have resulted an existing LPP credit of 8443 square metres (2.2 acres) which can z The addition of the portions of Lots D -3 and D -6 and the landlocked parcel, as discussed in the previous paragraph, would actually increase the total area of the LPP dedication slightly. 223 Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 7 June 13, 2008 be applied to this phase. Once applied, the outstanding credit would be reduced to only 3387 square metres (0.84 acres) for subsequent phases of the development, including the creation of further lots within the original phases. The proposed LPP dedications can be supported with the above - described adjustment to the parcel providing access to King's Beach. ServicingZ The proposed subdivision will be provided with municipal water and sewer, a surface storm drainage system (i.e. ditches and swales) and paved streets with no curb /sidewalk, all in accordance with the Subdivision By -law's servicing standard for RSS developments. Wiring is permitted to be overhead but, as noted previously, it is anticipated that the developer will provide at least some underground services as was the case in the original phases. Detailed engineering plans will be required for the approval of the Chief City Engineer, which will be attached to the agreement. These will need to address the issues raised in Municipal Operations and Engineering's input concerning the possible need for a water boosting station to guarantee adequate pressures (due to the elevation of the site). The Subdivision By -law automatically provides for cost sharing of piped services within the subdivision, which may be supplemented by a Residential Infrastructure Assistance grant for unusual servicing costs. Street Names The only new street name being proposed in this phase is Shoreline Drive. The GIS /Civic Addressing division of Planning and Development has reviewed the name and has found it to be sufficiently different in sound and spelling from existing street names in the Saint John region. Therefore, the proposed name can be approved. Proposed Variance to Permit Lots AbuttingZ the Shoreline The City's Subdivision By -law (Section 19) provides that, where lots for residential purposes are to be located along a sea, lake or river, a street is to be provided along the shore thereof, unless land for public purposes is located along such shore. Proposed Lots D -6, D -8, D -9, D -10 and D- 12 do not comply with this provision as they are located directly along the water. This will require the Committee's approval of a variance if these lots are to be configured in the manner proposed. The developer has advised that, except for the King's Beach access, which is being provided as LPP, most of the shoreline area is not well suited for a street or LPP due to the topography (i.e. steep cliffs). As noted in the Background, similar variances to permit waterfront lots were approved in conjunction with the previous phases of the subdivision development. The previous approvals were given partially on the basis that the developer provided a substantial shorefront LPP area on the inner cove near the entrance to the subdivision. As well, the developer at that time indicated there would also be fairly extensive shorefront LPP areas provided in later phases 224 Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 8 June 13, 2008 (although for the subject site only the King's Beach access was indicated on the applicant's earlier overall concept plans.) The developer's most recent overall concept plan (copy attached) indicates that future phases will include several more waterfront lots, although there will also be at least two strategically placed LPP access points to the water, similar to the King's Beach access in the present phase. As an alternative to additional shoreline LPP, the applicant is agreeable to providing a series of LPP links through future phases of the larger subdivision area that would provide for a continuous trail system into Rothesay. The attached overall concept plan of the larger development illustrates one way that this could be achieved. The development of a trail system linking the City with Rothesay is a high priority goal of the City, as indicated by the comments received from the Leisure Services Department. In this regard, the applicant's overall concept plan will require further evaluation and probable refinements. However, the concept can be supported in principle. Staff of both Leisure Services and Planning and Development will endeavour to work with the developer to finalize a mutually agreeable plan that will provide a trail system in lieu of continuous waterfront open space in the future phases. In the meantime, approval of the variance for the six proposed waterfront lots in the present phase can be supported as being consistent with the overall concept that was part of the original proposal for the Highlands of Drury Cove. It should also be noted that all of the waterfront lots in the current proposed phase will be at least 95 metres (300 feet) deep (most of them substantially deeper). The extra depth of the lots will provide sufficient space for development clear of the required 30 -metre (100 -foot) undisturbed buffer area along the shore that is required by the Province's Watercourse and Wetland Alteration Regulation. Proposed Creation of Lot 08 -01 and Lot D -9 as Interim Steps in the Development As an interim step toward developing this phase of the subdivision, the applicant is seeking approval of Lot 08 -01 on the attached Highlands of Drury Cove & Best Value Rentals Ltd. Subdivision. Best Value Rentals Ltd. is the current owner of the large parcel of land (PID 297572) that extends to the Rothesay boundary, a portion of which comprises the northerly part of Phase 12. The developer intends to convey the 8- hectare (20 acre) Lot 08 -01 back to Best Value Rentals Ltd., so that it will ultimately own the 11 lots that would subsequently be created from it (i.e. Lots D -7, D -9 to D -14 and C -18 to C -21). In addition, the owner of Best Value Rentals Ltd., Lorne Brett, wishes to start site preparation for construction of his own home on Lot D -9. Given the magnitude of the work involved, it is proposed that title to Lot 08 -01 be transferred to Best Value which, in turn, would transfer Lot D -9 to Mr. Brett in advance of the completion and vesting of the public street. Committee approval is required for lots not fronting on public streets. U Drury Cove Developments Inc. Highlands of Drury Cove (File: 110 Drury Cove Road) Page 9 June 13, 2008 While this is an unusual request, the Committee has dealt with at least two similar situations in the past. In August of 2004 the Committee approved the creation of the large estate lot now located at the end of Osprey Terrace, and in July of 2007 a similar large estate lot was created at the far end of the Cedar Point Anchorage subdivision. As was the case in those two situations, the vesting of the public street (which will replace the interim private right -of -way access) is a timing issue. The magnitude of the development requires the completion of significant servicing and streets. In other situations the completion of a small initial phase is recommended, but in this case this approach would still not place the lot on a public street. The developer indicates that the street and services will have reached Lot D -9 at least six months before Mr. Brett's house is completed. The proposal is reasonable given the unique circumstances. The developer and prospective purchaser are knowledgeable of the magnitude and nature of the remaining work and have made appropriate contractual arrangements. CONCLUSION: The proposed subdivision is an extension of the existing Highlands of Drury Cove development into an area that was previously rezoned for this purpose. The proposed development is consistent in character with this developing residential community. The recommendation provides for Common Council's assent to the plan with respect to the internal street layout, LPP and any necessary municipal service or public utility easements, as well as Council's authorization of the necessary agreement(s). Approval of the proposal is recommended. RGP /r Project No. 08 -176 *01 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT Ke,n,n�be.cas�s �s� RSS Rs Wis R% -f- R - 2 RSS �.. 6 D� � PID(s) /NIP(s): L J Subject Site /site en question: 55178909 (portion) 00297572 (portion) Location: Highlands of Drury Cove Date: April 23 avril 2008 Scale /echelle: Not to scale /Pas a Mchelle 227 �1 � Reef s�• 05 e_Q rro n 6 w o �c Z M Drury Cove o-Z Sueeueien. w ». The Nigqnlonde of Drury Cove �.e c°. Subdivleton - Phase 72 � d! M �,'{�'� KIERSTEAD _ RQU«IGL and ROBERTS /Oapre Y Te"rroc� e -- cx a D�wq. No. T -OYSe 228 229 e 44 gd oil ;glf #��$'rtl��k��;, •,�a�- -.._ -a -" -ate � - ��. �•' it � ' I a �4 3 1; r" ate M A R \ t \� 4.1` T• N - �� °•li 888886068888 • 3 P i � ARY•:.83- nAA4.6 �R .� `,�` w \ E �7 � l d • xx xaa?�_�BaYY6: \ U s Q Y a �I� 33�da3sbaRax "a33S x333�8353333333d33iS3S aaa, 3a��9� .. 4� %9 a�aaR�3zBE3i.a i .,,i_ax..z9 ;CAIHI-'• "sgF98 ?= oo''-a_;=a�IO 1 $ d, scascc�?s >�.c�_se3c:a.cs •s 0 y ix A33�eai" saa�35z3s��3g� _ * ^:d °- 3e�b§zR[8^�8 111111-1--1 '�xas /,;1 -0 230 June 18, 2008 Your Worship and Councillors: SUBJECT: Public Street Vesting and Variances By Road # 5 and Poplar Lane The Planning Advisory Committee considered the attached report and recommendation at its June 17, 2008 meeting. After a brief discussion with the City's representative, Mr. Curtis Langille, regarding the issue of on -site septic systems and wells on the subject sites, the Committee adopted the recommendation as set out below. The Committee also granted a number of variances to permit reduced lot areas and setbacks for the subject sites. RECOMMENDATION: That Common Council assent to the vesting of various parcel of land as a public street along By Road # 5 and Poplar Lane as generally shown on the attached subdivision plans. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -241 231 DATE: JUNE 13, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 17, 2008 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. PAM Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: City of Saint John Name of Owner: Various Location: By Road # 5 and Poplar Lane PID: Various Municipal Plan: Unserviced Residential Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To upgrade rural roads and vest parcels of land as portions of the public street. Type of Application: Variances to reduce the minimum lot area, minimum front yard and side yard for various properties on By -Road # 5 and Poplar Lane. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. PAM City of Saint John Rural Road Upgrade Project By Road # 5 and Poplar Lane STAFF RECOMMENDATION TO COMMITTEE: Page 2 June 13, 2008 1. That Common Council assent to the vesting of various parcels of land as a public street along By Road # 5 and Poplar Lane as generally shown on the attached subdivision plans. 2. That the Planning Advisory Committee grant the following variances to facilitate the public street vesting: 1) 1960 Westfield Road — PID Number 00289736 - to reduce the minimum required lot area to approximately 593 square metres (6,383 square feet), 2) 10 By Road # 5 — PID Number 00289777 - to reduce the minimum required lot area to approximately 1,381 square metres (14,865 square feet) and - to reduce the minimum required front yard to between zero and approximately 3.96 metres (13 feet), 3) 11 By Road # 5 — PID Number 00289900 - to reduce the minimum required lot area to approximately 566 square metres (6,092.3 square feet) and 4) 16 By Road # 5 — PID Number 00289793 - to reduce the minimum required lot area to approximately 927 square metres (9,978.1 square feet) and - to reduce the minimum required front yard to approximately 3.2 metres (10.5 feet) for an existing accessory building, 5) 22 By Road # 5 — PID Number 00289801 - to reduce the minimum required lot area to approximately 2,975 square metres (32,022.6 square feet), 6) 32 By Road # 5 — PID Number 00289819 - to reduce the minimum required lot area to approximately 1,857 square metres (19,988.6 square feet) and - to reduce the minimum required side yard for an accessory building to approximately 0.41 metres (1.4 feet), 7) 30 By Road # 4 — PID Number 00289892 - to reduce the minimum required lot area to approximately 3,409 square metres (36,694.2 square feet), 233 City of Saint John Rural Road Upgrade Project By Road # 5 and Poplar Lane Page 3 June 13, 2008 8) 37 By Road # 5 — PID Number 55117618 - to reduce the minimum required lot area to approximately 1,091 square metres (11,743.4 square feet), 9) 37 By Road # 5 — PID Number 00289884 - to reduce the minimum required lot area to approximately 711 square metres (7,653.1 square feet) and - to reduce the minimum required front yard to approximately 1.49 metres (4.9 feet) on By Road # 5 and to approximately 1.8 metres (5.9 feet) on Poplar Lane for an existing accessory building with no main building on the lot, 10) 46 By Road # 5 — PID Number 00289850 - to reduce the minimum required lot area to approximately 909 square metres (9,784.4 square feet), 11) 49 By Road # 5 — PID Number 55159560 - to reduce the minimum required lot area to approximately 1,681 square metres (18,094.1 square feet), 12) 5 Poplar Lane — PID Number 00289835 - to reduce the minimum required lot area to approximately 502 square metres (5,403.5 square feet) and - to reduce the minimum required front yard to approximately 0.71 metres (2.3 feet), 13) 9 Poplar Lane — PID Number 55003958 and 00289843 - to reduce the minimum required lot area to approximatelyl,078 square metres (11,603.5 square feet), 14) 16 Poplar Lane — PID Number 00289827 - To reduce the minimum required lot area to approximately 1,852 square metres (19,934.8 square feet). BACKGROUND: In February of 2006, Common Council approved a report from Municipal Operations and Engineering regarding new policies respecting the procedures to be followed to facilitate Rural Road Upgrade projects. In general, it is now Council's policy that the City must acquire all of the portions of land necessary for each road right -of -way, as well as any necessary easements for municipal services or public utilities to ensure that services to these roads are viable and can be 234 City of Saint John Rural Road Upgrade Project By Road # 5 and Poplar Lane Page 4 June 13, 2008 sustained. In return, property owners will receive a Municipal Donation Receipt for income tax purposes in the amount equal to the market value of the land required. Reconstruction of the road will not occur until all of the necessary interested in the properties have been acquired by the C ity. . In March of 2006, the City held an Open House in the Martinon area to provide information and to welcome input from area residents affected by the proposed reconstruction of By Road # 5 and Poplar Lane. Since that time, City Real Estate staff has been negotiating agreements with all 15 affected property owners abutting By Road # 5 and Poplar Lane. In addition to the significant number of parcels to be secured by the City, a number of issues have been resolved with the property owners including the loss of mature vegetation and stair access to a dwelling. Staff reached an agreement with the last property owner in the week of April 9, 2008. Following this, Common Council agreed to acquire the fee simple interest in 15 parcels, along with any necessary easements, abutting By Road # 5 and Poplar Lane required for this road upgrade project to proceed. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering initiated the rural road upgrade project as the existing streets do not meet current City standards. Municipal Operations and Engineering is aware of this application. Building and Technical Services indicates that none of the proposed changes cause a concern with regard to Building Code compliance. Saint John Energy has been advised of this application. Aliant Telecom has been advised of this application. Rogers has been advised of this application. Maritimes & Northeast Pipeline advises that this area is all clear and that work will not be taking place near the pipeline facilities. Real Estate Services indicates that they have been working towards this rural road upgrade project for 2 years, and that the upgrade has been requested by the property owners having access to this road. The project will result in a big improvement for these adjacent property owners. Fire Department supports the upgrades and reconstruction of By Road # 5 and Poplar Lane and indicates that this road work will enhance the fire response access as well as support water supply /tanker shuttle operations which are necessary in a non - serviced area. The roadway PAW�1 City of Saint John Rural Road Upgrade Project By Road # 5 and Poplar Lane Page 5 June 13, 2008 improvements will be particularly helpful during the winter season, when the existing roads are further restricted by the presence of snow. NB Department of Public Health and W ellness advises that the City should find out from homeowners the location of septic systems on the properties. If any systems are located in the parcels of land that will vest as portions of the public street, care must be taken that they are not damaged when work begins. If damage occurs, the septic systems would require repair or replacement. Also, Regulation 88 -200 of the Health Act requires that "a sub - surface disposal field or part of a sub - surface disposal field shall be located no closer than three metres to a property line. NB Department of Environment and Local Government has been advised of this application. ANALYSIS: The subject sites are all located along By Road # 5 and Poplar Lane in the Ketepec neighbourhood of West Saint John. This area was originally primarily a summer community, but many of the dwellings have been converted to year -round occupancy. By Road # 5 and Poplar Lane are narrow dirt roads off Westfield Road that together provide access to thirteen dwellings, including the subject sites. The City of Saint John is proposing to upgrade By Road # 5 and Poplar Lane to provide better access for property owners with frontage on these roads, better access for emergency vehicles, and improved snow removal and surface water drainage. In order to upgrade the roads, the City must acquire a number of parcels of land on both sides of By Road # 5 and Poplar Lane to vest as portions of the widened public street. The parcels to be vested will be acquired from a variety of properties abutting By Road # 5 and Poplar Lane (all as shown on the attached plans) and will result in a reduction in the lot area of the subject sites. As all of the sites but one are currently below the required minimum lot area of 4,000 square metres (1 acre) for unserviced lots in the "RS -2" One and Two Family Suburban Residential zone, and variances are required to further reduce the lot areas. Some of the sites also require variances to decrease the minimum front and side yards. The required variances are as follows: 1) 1960 Westfield Road — PID Number 00289736 - to reduce the minimum required lot area to approximately 593 square metres (6,383 square feet), PAIN City of Saint John Rural Road Upgrade Project By Road # 5 and Poplar Lane Page 6 June 13, 2008 2) 10 By Road # 5 — PID Number 00289777 - to reduce the minimum required lot area to approximately 1,381 square metres (14,865 square feet) and - to reduce the minimum required front yard to between zero and approximately 3.96 metres (13 feet), 3) 11 By Road # 5 — PID Number 00289900 - to reduce the minimum required lot area to approximately 566 square metres (6,092.3 square feet) and 4) 16 By Road # 5 — PID Number 00289793 - to reduce the minimum required lot area to approximately 927 square metres (9,978.1 square feet) and - to reduce the minimum required front yard to approximately 3.2 metres (10.5 feet) for an existing accessory building, 5) 22 By Road # 5 — PID Number 00289801 - to reduce the minimum required lot area to approximately 2,975 square metres (32,022.6 square feet), 6) 32 By Road # 5 — PID Number 00289819 - to reduce the minimum required lot area to approximately 1,857 square metres (19,988.6 square feet) and - to reduce the minimum required side yard for an accessory building to approximately 0.41 metres (1.4 feet), 7) 30 By Road # 4 — PID Number 00289892 - to reduce the minimum required lot area to approximately 3,409 square metres (36,694.2 square feet), 8) 37 By Road # 5 — PID Number 55117618 - to reduce the minimum required lot area to approximately 1,091 square metres (11,743.4 square feet), 9) 37 By Road # 5 — PID Number 00289884 - to reduce the minimum required lot area to approximately 711 square metres (7,653.1 square feet) and - to reduce the minimum required front yard to approximately 1.49 metres (4.9 feet) on By Road # 5 and to approximately 1.8 metres (5.9 feet) on Poplar Lane for an existing accessory building with no main building on the lot, PAIN City of Saint John Rural Road Upgrade Project By Road # 5 and Poplar Lane Page 7 June 13, 2008 10) 46 By Road # 5 — PID Number 00289850 - to reduce the minimum required lot area to approximately 909 square metres (9,784.4 square feet), 11) 49 By Road # 5 — PID Number 55159560 - to reduce the minimum required lot area to approximately 1,681 square metres (18,094.1 square feet), 12) 5 Poplar Lane — PID Number 00289835 - to reduce the minimum required lot area to approximately 502 square metres (5,403.5 square feet) and - to reduce the minimum required front yard to approximately 0.71 metres (2.3 feet), 13) 9 Poplar Lane — PID Number 55003958 and 00289843 - to reduce the minimum required lot area to approximatelyl,078 square metres (11,603.5 square feet), 14) 16 Poplar Lane — PID Number 00289827 - To reduce the minimum required lot area to approximately 1,852 square metres (19,934.8 square feet). Although many of these properties are significantly below the minimum lot area required by the Zoning By -law and the Department of Public Health for unserviced residential lots in this zone, they have existed as such for a considerable length of time. As well, the area of most of the properties will not be significantly reduced as a result of the proposed project as the parcels to be vested range in size from approximately 5 square metres (53.8 square feet) to a maximum of 125 square metres (1,345.5 square feet). Given these relatively small sizes and the location of the parcels adjacent to the existing road, it is unlikely that they will affect the existing on -site services on these properties. Care must be taken; however, to ensure that septic systems are properly located and protected during any road work. Given the value of this project in providing better access and services to the subject sites and given the relatively small size of the parcels to be vested as public street, the required variances for reduced lot areas and yards can be supported. SKH Project No. 08 -241 PAiij PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 2 % \ /� @sir' / > t o Rd Subject Site/site en question: PID(s)/NIP(s): various Location: ch. By-Road #5 and al. Poplar Lane Date: June 5, 2008 Scafe/6chelle: Not to scale/Pas;& 1'6chelle 239 C>- NO HUGHES SURVEYS CONSULTAN .S �INC.-- `,/;7STFIELD ROAD pro 00289735 o I �S,-, N, 240 ss g g a ' g. i s '. MUM t}j � —a ®� � Ile Alt RIM mu / o 4� ova �, \ MimiSx OOY LL L •� \��` T A•• y ^v 3��a ®. R T ooc [LO L CIL ........1. ....... = 7 Q .} A A 242 d § i p 2A 3 IV lit IRA 3 # t - $ as cx s s d _ g�g � rn ■ � Ile � / P Ix a� 4h / � �Eg «x �. \� Vol, CL $ } C7 n. a a am Eau o� Bic o a s a -lip 0 s Y s i fit P s - �' _ . $ :6� sit of at o� a x 24 rr C O C w o p3 ♦S{ Q m 2S v a CE p A;( a CL �a a° Jo era � x s I a 1 o s SAe 3S b 0 246 I d HIM.'^� $ s C�A S,H(j $ g made ? m 1 i t $ :r f if I m cat H • - tr t� A g i G s 19 c � j m _ o A ,8 n y aim i i a.�d j j Y i m ray J'. -SC.a �r O Ot i Lai. PAIM., gp IL -Z lie ME s a 8 ar tL cy All _ M;ma Eno 9 r / 0 o �� $ Am� iR n j �`1. $aim y •�� _ ODD LZ9 L f � � / � 00► LC9 L g a ` s 9i� ar� 3ibn MAI We i. • �z E $ .............. ... .......... �... p BEa s c Z3 lip L!H S -1 a1 I z SE$ A s 3 _ zmsa�� 33�3i� mg o c $ � d 0v LTA Z axw- a7 u } 6 3� fig � ash.. �$ w.ers � �3• a_ 9 i a 3c e6 so j 0-12 .�IIYa3 =�i�3iP� CE Civic # 30 By Rood No. 4 / z r 0 z v z PID 00289892 AREA 1 (Proposed to be Public) 1 14 m 2f 2� 6� ¢oa By i FiUCi SURVEYS 3 C�OMSULTAMT S INC. No. co �, of �d �G O Va, 4 , BY RUAD Nd -5 SKETCH LF PRIPERTY REQUIRED PLD OG289992 1 SkatCh No, 1 252 D Sgt _ —° � � �► _ � � � ° S [gg S bs R� o' -Y� Mae. C 3 gg le 6 S • - �v' -a I doe 15 ill 2. -3 All, All, -11111 m gat .14 2 ail I Mij i� \ 001 Lz z 001 LLV z >, CL °'��t l dq DO - / Y \ 0 a� \ a, Coo a 253g� 023,19 E �a 1 CL CL all a� ' N s To a 18 ^° N d' C i a I IN fit 370 ° :R ; s 5YC a -- aq - -« ° s / s � a ti a � r sus lij P A � 0 iRy IL �asij All Ys2 s � a ti a � r sus lij P j v F.sI �i iRy IL �asij All Ys2 255 CU •94 Z � ro 4 J pen` h0) AREA 1 (Proposed to be ry Public) 108 m 2f PID 00289884 �O � � moo• 1'4g GARAGE Q� �O �o Q /� n� HUGHES SURVEYS & CONSULTANTS INC. BY ROAD NO 5 SKETCH OF PROPSRTY REQUIRED P:D 00289884 D.- .1,Q No. 504069 -06 Sketch No. 1 256 Q 0 a Q X oz-1 P C cc s o 11 IN I a All H]" 1 5 M I Q � W d R / an fix a R u $ s q Q X z X-11 3 V B � 0 a. 257 T- 4 v ci s 'Y=is3iy3y3��:a�s S� S 3S Y .......... .... ... 10 . i 4 XIr ' B Uf 3 i° k ;l tit�a h I I I till s Y 09Y [L4 S It �. qZc 2 �dai3 jF id 0 }ff11 259, _ s L tt9 CD Z w�±t Eu nc cn N Y 09Y [L4 S It �. qZc 2 �dai3 jF id 0 }ff11 259, PAYI G C> Er a- CL ii ti 1,44 3 -. / -Nix , 31 I 13 fal E PAOR CL 0), nit] En 0), nit] i2 � a s �P s m ^ e Y J a 2199 fD 4 RUM.{ 3Y— - �a all g Q, s o 11j c� matt.: Elva W d Zp- I it J CL v. a r r Y �a� 8 P m • S Ar mil 263 00-1 - A H m AEG Z J 0 a ago OiER MUIR IN I 1 2 : sit _ _ _ _ _ .14 LJ o R fis Im n. �a � p • gg'' C �Yel J 3 �aR O %Z.^: (D 9 y r g - r aa . `n ens >> �� J ..��.R:sa Y � s � .as :ciiiEE�lii2Ei A o\ \�Qhe S SURVEYS L n ri'o 0 QZ7 0 7.57 v >r� v oQ c� TANTS INC, v c� v Q # Y 2 z - m a • c z " BY ROad # 5,q o 10.27 AREA 1 (Proposed �tobe co' Public) 25 m2+ PID 00289827 / Civic # 16 PoPlar Lane • . POPLAR? LANE — SKETCH OF PRUPERTY REGI.IRI-D P11) 00209fS27 - -- I Sketch 1 .......... 2 527 FE CRL jF g 29 ;gtm if WY iz EL h 39 aE jw 207 268 REPORT TO M&rC #2008 -181 June 23, 2008 Deputy Mayor Stephen Chase and Members of Council COMMON COUNCIL Deputy Mayor and Members of Council: Qr I T t= SUBJECT: NORTH OF UNION DEVELOPMENT UPDATE AND COUNCIL APPROVALS BEING SOUGHT PURPOSE: The purpose of this report is to keep Common Council and the public fully informed with respect to the City's efforts to move forward with respect to what is now commonly referred to as the North of Union Development. A secondary purpose is to seek Council's approval for a number of actions which the Steering Committee believes are critical in order to keep this project moving forward as directed by Council. BACKGROUND: I will not bother to revisit all that has happened with respect to this development, but rather start from the approvals and directions agreed by Council in March of 2007. It is from this point in time that Council is being updated. RESOLUTION OF COUNCIL - MARCH 2007 STATUS /ACTION That City of Saint John reconfirm its desire to Done approve a Development concept that would result in the construction of Justice Facility, a Police Facility and the required Parking Facility in the area which is now being commonly referred to as "North of Union ". That Council confirms its position that the Done: Detailed design well underway by preferred Development Concept includes the Province of New Brunswick Justice Facility being constructed on the lands commonly known as the YMCA site. r.• Report to Common Council Subject: North of Union Development - Update and Approvals Being Sought Page 2 That Council approves the construction of the Nearing completion: Police Commission to Police Facility in the block generally bounded report to Council July 23d. by Hazen, Chipman, Peel and Union Streets (may include portions of existing Right of Ways.) That Council approves the construction of a That is the Plan. Parking Facility on what is commonly referred to as the Carleton Street Escarpment. That Common Council will require that any Will be part of the Proposal Evaluation Process development proposal to be considered must and Development Configuration. address, and be sensitive to, the "Big Ideas" and "Design Guidelines" that were developed as result of receiving public input. That any development proposal, when Will be part of the Proposal Evaluation Process received, be not only evaluated against these "Big Ideas" and a list of other criteria to be developed, but must also be evaluated with respect to the developer's commitment to ongoing public consultation as part of the Development Planning process. That the Public be provided with opportunities A requirement of the Proposal Call. Public for input on final designs for each of the major input session will be scheduled for the revised public components and new design concept for development configuration. the site. (Police Facility, Parking Garage, Public Plaza), input regarding proposals for development of the area from the private sector and input regarding art components to be associated with the new development. That Common Council request the Police Nearing Completion, Report to Council July Commission to have their Architects of Record 23rd. revisit their program and conceptual plans to determine if it is possible to: ■ Have the facility be located within the block as identified without significantly diminishing the operational efficiencies. Pay particular attention to the views expressed regarding streetscapes during the public consultations and in particular the "Design Guidelines." 270 Report to Common Council Page 3 Subject: North of Union Development - Update and Approvals Being Sought 271 ■ Once the Police Commission has approved July 23 a revised conceptual design, submit the design to Council for authority to proceed. That the City of Saint John formally notify the Done existing owners of the City Hall Building prior to April 30, 2008, that the City is exercising its options to extend its occupancy related to the Police Space until April 30, 2011. That Common Council authorize the City Document has been finalized at the staff level Manager, working with the City's Purchasing and is now being reviewed by outside expertise Agent and City Solicitor, to embark on a for completeness. process of inviting submissions for professional expertise related to the following: Preparing a Call for Expressions of Interest Target Issue Date: July 15th. and Statement of Qualifications. Assistance in the review and short listing of possible Developers. ■ Preparation of the final Request for Proposal with an established Evaluation Process. ■ Preparation of the final contract documents in consultation with the City Solicitor. That Common Council authorize the City All will be done in conjunction with the Manager to proceed on the basis of using an professional expertise engaged under the Alternative Procurement Process that would previous resolution. result in: A Call for Expressions of Interests and Statement of Qualifications as the initial step, ■ Followed by a Short Listing Exercise based on criteria to be established, Issuance of a Call for Proposals to qualified Development Companies or Consortiums. • That the Call for proposals will stipulate the City's desire to have the respondents indicate options related to the design (excluding Police HQ), construction, 271 Report to Common Council Subject.- North of'Union Development - Update and Approvals Being Sought imancmg ana pernaps ongoing maintenance of any of the components of the development or part(s) thereof namely, the Police HQ, the Parking Structure, Rehabilitation of the Carnegie Building, all Civil works, the Plaza and Public Spaces deemed critical to this development. Page 4 ' That Common Council direct the City Done Manager to cease making any further offers on properties in the general area without prior direction from Council sitting in Committee of the Whole. ' That the City Manager be directed to Done communicate to any property owner in the area who is in possession of an offer from the City Manager, that they have until April 30th to accept the offer (subject to Council approval) as presented or the Offer is off the table. ' That Council request the Saint John Ongoing Parking Commission to take any reasonable steps to acquire any additional lands that would allow for a properly designed Parking Facility in the proposed escarpment site. That the City Manager, in conjunction with the Draft Memorandum of Intent being worked on Police Commission, be directed to work toward by City and Province. finalizing the following: ■ A formal Memorandum of Intent related to the cost - sharing of certain elements (Plaza, Public Space, Parking, Secure Link, Holding Cells) of the development including: ■ Agreement with respect to ongoing responsibilities for each of these components including maintenance, upkeep and staffing and, Agreement with respect to responsibility 272 Report to Common Council Page S Subject: North of Union Development - Update and Approvals Being Sought for design and construction of these shared elements and, ■ Agreement with respect to scheduling and completion dates. Since the election, The City's Nominating Committee formulated and 1 believe has an item on Council's agenda this evening for Council to appoint Councillor Titus, Councillor Sullivan and myself to this Steering Committee. In anticipation of this occurring, the Committee met on Tuesday, June 17 at 7:30 a.m. with representatives from our various partners in this development as well as with staff and a representative from Toss Solutions. The purpose of the meeting was to be brought up to speed on the work that has been proceeding in the last few months and more importantly to fully understand the next steps in the process and to determine what approvals are required from Common Council. The Committee cannot over emphasize the tight deadlines with respect to the decision making process associated with this very complicated project. As directed by Common Council, work has continued with some vigor. This Province is well into the detailed design stage for their 140,000 sq. foot plus or minus Justice Facility. Architects for the Police Commission in co- operation with those architects engaged by the Province have revisited the layout of the Police Facility with the intent of trying, if at all possible, to confine the facility to one specific block. City staff continues to have negotiations with Provincial staff regarding cost sharing formulas for the Plaza, Detention Facility, and parking structure. During the meeting, the Council Steering Committee soon recognized that there were a number of issues that needed to be addressed almost immediately if the City is going to be able to coordinate with to the very fast paced construction schedule adopted by the Province. First, it became evident that while the Steering Committee is comprised of three elected officials, there were other stakeholders that need to be brought into the process. The Province of New Brunswick, the Saint John Arts Center, the Saint John Board of Police Commissioners and the Parking Commission all need to be an integral part of the Steering Committee. Secondly, it also became apparent that to date, work on this development has largely been simply added to the responsibilities of current staff members. While this has been satisfactory, it is now time that the City either engage or assign full time resources to this development. With as much as $100 million dollars from various sources being invested, 273 Report to Common Council Page 6 Subject: North of Union Development - Update and Approvals Being Sought a number of partners, their consultants and architects directly involved, the City can not expect to be able to respond on a timely basis without having identified a point person or project manager. Third, it was recognized that Toss Solutions has played a critical role and continues to this day to provide advice to the Steering Committee. On a go forward basis, it is anticipated that at least until construction actually begins, if not beyond, this professional advice and in particular advice as it relates to an appropriate Master Planning Process to be undertaken by the City'si Planning Department, in conjunction with various experts will be needed. Forth, it is recognized that tle Steering Committee while being supported by staff, does not have authority to expend funds in order to bring the necessary expertise to the table on a timely basis. Preparing for this major development in partnership with others simply cannot risk the cost associat d with what could be a slow decision making process. Given these realities, the Steering Committee is seeking Council's support for the following six recommendations. 1. In addition to the thr e elected officials being appointed to the Police /justice Steering Committee, Council also appoint; (a) Chairman of the Saint John Board of Police Commissioners (b) Chairman of the Saint John Parking Commission (c) Chairperson c f the Saint John Arts Center (d) Scott Gibson, Supply and Services, Province of N.B. 2. That Common Coun it approve the attached "Interim Organization Chart" as the framework upon whi�h the project is to proceed. 3. That the City Manag be instructed to finalize a contract with Toss Solutions related to the of Design Coordinator. 4. That the City Manager be instructed to bring before the Steering Committee a proposal with respect to the assignment of staff to various roles within the Organization Chart as well as a discussion paper regarding the topic of a full time Project Manager to be engaged from September 2008 to completion. 5. That the Steering Co mittee, at a duly constituted meeting with a quorum in attendance and upon Ileceipt of a recommendation from the Project Admin Coordinator be provided with authority to authorize an expenditure of up to $100,000 from the Council approved budget for this project without seeking further Council annroi,al _ 274 Report to Common Council Subject: North of Union Development - Update and Approvals Being Sought 6. And finally, the Steering Committee provide to Common Council a written monthly status report including a list of all approval expenditures. Respectfully submitted, MAYOR 1VAN COURT Attachment 275 Page 7 � 4 • 1. 1 " ^r `\\ A� l,r � t O � \ m cp 0 00 � ¥ � @ A RESPONSIBLE i E m ns e $ 7;9 APPROVE un 27 k / e� � � I E2gZ5. cr cr;e./ 7 � 7)�nn 7 SUPPORT ■EE §a K un Q £ \$ 2$ �2 E CONSUL k-A ER � _■ A e E E � 7 ^ \ En ID � E INFORM k $ 277 n � � A A E k = = Cl RESPONSIBLE i E m ns e $ 7;9 APPROVE un 27 k / e� � � I E2gZ5. cr cr;e./ 7 � 7)�nn 7 SUPPORT ■EE §a K un Q £ \$ 2$ �2 E CONSUL k-A ER � _■ A e E E � 7 ^ \ En ID � E INFORM k $ 277 � 7 ^ \ En ID � E INFORM k $ 277 ;d0 r T i �Q �e p � n - • • t �� O � as CD y 0 N �. 0 ii 0 CD C n z CD C� CD CD 0 0 0 _ CD CD a o:. r� ,1, 11,114�;��y t: f O O � i Lm N 0 K 0 3 l'I O 3 CP Z O 3 3 w O � h Ti a m co 4? C� a SP ua f; VR i i C O O � C. C CD O CD OD 281 SUPP{O�pRT TEAMS TAM COMMITTEE �7 pyp ggij C� g 70 � r'�{� �88 919OZ> H QIg ZZ -I 0 52 y S�� G >c m Hg js� c5� Eg All- ii' AI Im �i.rr+m 2 "p'o-ro-e 7� C, m� C7 C7 C) c) n fn gig Cv > (7 n � non H 2CMD Q fx7 2CHD QTR 52 ��SS ' 3RD QTR 3RD QTR Aft QTR 4th QTR lot QTR yyy Q ffi tat QTR yy 2nd QTR 2nd QTR 3rd QTR 3rd QTR 4th QTR 4th QTR tat QTR o lat QTR w� N O 2nd QTR 2nd QTR 3rd QTR 3rd QTR 4th QTR 4th QTR 281 ausuyESa ®' Saint john Cutest (Business Association CInc. 23 Main Street West rrm�O—Rv Saint t John, NB, E2M 3M9 ° 506 - 672 -8545 (office) 506 - 672 -8518 (Facsimile) email: barber1 @nbnet.nb.ca Officers K. Owen Boyle 18 June 2008 President His Worship Mayor Ivan Court Jeanette Hamm Vice President and Members of Common Council of the City of Saint John Victor Fitzgerald PO Box 1971 1" Vice President Saint John, NB, E21-41-1 Blaine R. Harris Secretary- Past President Worship Your and Members of Council: Coulee cook I bring his letter in the regard of the p treasurer 9 9 proposed Business Improvement Area, for Saint John West, at meetings of Council held on March 17 & 18, 2008 a resolution was Directors adopted to place advertisements for a Public Hearing as required to create a Business Improvement Area in West Saint John. Gary Foster Shannon Miller As of the date of this letter, no such advertisements have been made, and the Gordon Gor Bernie McGrath Association would respectfully ask for a report of the status of the advertisements. Dr. George Whittle Robert Meunier Eric Teed If these advertisements are not completed in a timely manner it will be another year Mike Bonga before a BIA could be created due to the requirements of the BIA Act. In that respect it Doug King Chuck Crawford is imperative that the advertisements be completed as soon as possible. Thanking you in advance for your consideration of this issue. The Association will await your reply. Sincerely, K. Owen Boyle / President Saint John West Business Association Inc. 506 - 647 -5122 (personal phone) koboyle @rogers.com Attachments: Letter from the Common Clerk, dated April 1, 2008 to Blaine Harris, SJWBA advising of the resolution of Council. Our ' f /iswn "7o (1),omote, tDeverop andSupport the Business Community, Q�ecreationalOpportunities andSpirit of Saint John West " Incorporated March 1- 2002 282 06/18/2008 17:33 April 1, 2008 15066728518 Mr. Blaine Harris President Saint John West Business Association 23 Main Street West Saint John, NB E2M 3M9 Dear Mr. Harris: NBRBA /ABINB At a meeting of the Common Council, held on March I7th & 18th, 2008 the following resolution was adopted, namely:- PAGE 03 "RESOLVED that as recommended by the City Manager, advertisements be prepared for a Public Hearing required to create a Business Improvement Area in West Saint John in the larger area illustrated In the submitted sketch as requested by the Saint John West Business Association." Sincerely, Elizabeth Gormley Common Clerk EG /mjs 283 ...+ ..__.... -.� �_.. -. ��._ ►." r.......a.. — — 1 ......... r 0 1071 C"i-*, L-.kf N J! !'"n ix F21 41 1 PICE `Greater Saint John Prrtyu�� May 30, 2008 Mayor Ivan Court & City Council Members City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court and Council Members: Hospice Greater Saint John has purchased the former St. Joseph's Convent in West Saint John to establish a Residential Hospice. Our $1.2M Realize the Dream Capital Campaign for Residential Hospice was launched at our February Valentine Gala and we are happy to report that we are half -way to our goal! To date, we have raised $600,000 of the revenue needed to support renovations and ready for operations, including over $160,000 directly from individuals and groups in our community. "I am honoured to support the establishment of Atlantic Canada'sfirst Residential Hospice. Please donate to the Dream Campaign and help create a lasting legacy of compassionate end -of -life care in the greater Saint John community. " Steve Murphy, CTV Atlantic News Anchor and Honorary Chairperson of the Realize the Dream Campaign Architect, Mike Richard is leading the re- design and renovations project which begins in July 2008 and should be complete just prior to Christmas. We continue to work with the NB Government to secure a partial operational funding contract and have asked to be in the 2009/10 budget. At present, we are in discussions with Minister Mary Schryer and officials from the Department of Social Development. This is a very important long -term initiative for our city and region that has the capacity to positively affect hundreds of people annually (see the attached benefits backgrounder). As you know, Hospice is a community non -profit charity, dependent on donations and community support to deliver our programs and services, including the planned Residential Hospice program. Your support is needed. On behalf of the Board, we request that the City of Saint John provide an annual recurring grant equivalent to our annual water and sewer bill. We would be pleased to meet with you and provide you with additional informatioF regarding this project and our request. Please contact Sandy at 632 -5723. Thank you. Sincer Sandy Jo n/ Maril Craft- Executive Director, RN Chairman of the Board Hospice Greater Saint John * 385 Dufferin Row * Saint John, New Brunswick E2M 2J9 Tel: (506) 632 -5593 E -mail: info(&- hospicesi.ca Website: www.hosy ices 284 Everyone Wins with Residential Hospice! A Residential Hospice is a community palliative care home that can provide quality, comprehensive 24 -hour care to patients and support to families that cannot stay home through the end of life. Today, 1,000 people die annually in the Greater Saint John area — over 800 die from a palliative illness such as cancer, end -stage heart, lung and kidney disease, as well as ALS, AIDS, etc. With the aging Baby Boom population, the number of palliative deaths is set to double in the next 20 -30 years. In the last month of life, 50 -75% of palliative people are hospitalized because they need 24 -hour care that families are unable to provide. Currently, over half of the annual palliative deaths in the Greater Saint John area take place at the Saint John Regional Hospital — 200 in the Palliative Care Unit and another 200 in acute care beds. Residential Hospices are proven models of care and exist in all provinces west of New Brunswick and offer the following micro and macro benefits: • Dying Patients - 130 -150 dying patients who will otherwise face hospitalization in the last month of life will receive quality, comprehensive care every year at the Residential Hospice; • Families — The death of one person affects an average of 5 other people. 650 — 750 families and loved ones will be supported by the care offered in this program. • Acute Care Patients — People requiring elective surgery who are currently on long wait lists will have increased access to acute care hospital beds; . Healthcare System - The Saint John Regional Hospital will free -up acute care hospital beds, reduce wait times and re- allocate funds to acute care services; • Employers — Quality, timely and accessible acute healthcare services are needed to support and promote a healthy and productive workforce and support economic development; • Government - Hospice has spent eight years researching Residential Hospices in other areas of Canada and is set to be the first Residential Hospice in Atlantic Canada. Our model is cost - effective and sustainable. In addition, we will serve as a model and catalyst for the development of other Residential Hospices in other areas in the province. A strong health -care system helps attract and retain in -demand workers. We believe our Residential Hospice can help Saint John prepare for major economic growth and will support recommendation number 13 in the Benefits Blueprint announced this spring. The City of Saint John has a vested interest in the health and welfare of our citizens and the growth and development of our area. Investing in the establishment of our Residential Hospice will directly benefit 130 -150 people annually and support an additional 650 -750 family members and friends. In addition, wait times for access to acute care beds and elective surgery will be significantly reduced as we move 130 -150 out of the Saint John Regional Hospital annually. Because this is the first such initiative in Atlantic Canada, not only will people in the greater Saint John area benefit, but people throughout our province and region stand to benefit as well, as we will serve as the model for the development of Residential Hospices in other areas. Hospice Greater Saint John * 385 Dufferin Row * Saint John, New Brunswick E2M 2J9 Tel: (506) 632 -5593 E -mail: info cr hospicesj_ca Website: www.hospices;l ca 285 HWSPIC E / Greater Saint John P,w,, r {h �fCara" 1 25 YEARS SERVING GREATER SAINT JOHN WINTER/SPRING 2008 $'i MILLIcon CAMPAICMrA LAUrICHED CTV Atlantic News Anchor, Steve Murphy, is the Honorary Chairperson of the $1 MILLION REALIZE THE DREAM CAPITAL CAMPAIGN FOR RESIDENTIAL HOSPICE. "I am honoured to support the establishment of Atlantic Canada's first Residential Hospice. " Our capital costs to renovate Bobby's Hope House to meet building and fire codes and ready for operations is a total of $1.2 million dollars. This includes installing an elevator, a sprinkler system, fire system, new furnace, a garden, purchasing beds, supplies and equipment, hiring nurses, etc. Expense Budget $ Elevator $ 75,000 Architectural Improvements $ 150,000 Sprinkler System $ 50,000 Plumbing Upgrades $ 75,000 Ventilation Upgrades $ 128,000 Electrical Improvements $ 60,000 Furnace Upgrade $ 75,000 20% Contingency $ 107,000 Architectural Fees $ 65,000 Supplies /Equipment $ 155,000 1 st Year of Operations $ 260.000 Total $1,200,000 Revenue Goals Government $ 555,000 Foundations $ 300,000 Corporations $ 150,000 Community Groups $ 145,000 individuals $ 50.000 Total $1,200,000 Campaign Results — $5089812 Raised $1 $1 Goal -$1.2 Million 286 a Radiation Oncologist at the Saint John Regional Hospital, Dr. Nancy rant has dedicated over 25 years of her life to providing the best care possible her patients and families fighting cancer. Her commitment to her patients A dedication to her community is what led her to establish Hospice in 1983. has always been her dream that Saint John would have a Residential Hospice id her dream is set to become a reality as Hospice celebrates its Silver nniversary in 2008 and she leads the REALIZE THE DREAM CAPITAL AMPAIGN FOR RESIDENTIAL HOSPICE. Our Capital Campaign Team ill spend the next two years raising the $1.2 million dollars needed to renovate obby's Hope House and prepare for Residential Hospice Operations by the )ring of 2010_ Meet our Capital Campaign Team: 'ampaign Chairperson [onorary Campaign Chair iovernment 'ommunity Groups ;ommunity Groups oundations :orporate Gifts ndividual Gifts Dr. Nancy Grant Steve Murphy Patrick Woods Marilyn Craft Ivy Cosman Sandy Johnson Cathy Connolly Dr. Chris O'Brien OUR ARCHITECT Hospice Founder CTV News Anchor Treasurer Board Chairman Pt Vice Chair Executive Director 2nd Vice Chair Medical Director Hospice has hired Mike Richard of Richard & Co. Architecture Inc. to lead the design and renovations project for Residential Hospice. Mike is a graduate of Dalhousie University's School of Architecture and in 1989 established a mid -size architectural practice for institutional, commercial and residential projects throughout NB and NS. Mike has tremendous expertise in the areas of preservation, construction techniques, sustainable architecture and interpretation of building codes. Mike is so committed to the Residential Hospice project for our community that he is discounting his fees by 5 %. "Mike has his heart and soul in this project, " says Sandy Johnson, Executive Director. "Hospice is so fortunate to have someone of his expertise and commitment leading renovations. " 287 OUR REQUEST TO THE NB GOVERNMENT The annual operating costs of the 10 -bed Residential Hospice Greater Saint John made the same proposal to Hospice Program are $840,000 /year for 24 -hour the Government of New Brunswick, asking for nursing staff, a medical director, a cook, cleaning, $580,000 per year in operational funding for our food, supplies and administration. Residential Hospice, with Hospice raising the additional $260,000 /year needed to operate the In 2005, the government of Ontario agreed to cost Residential Hospice. share the annual operational costs of 30 Residential Hospices by providing 70% of their annual funding At this rate, government's costs would amount to a needs. This arrangement was recognized as innovative mere $200 /day in comparison to the $1,000 /day they and forward- thinking. 28 currently pay at the hospital. — — — — — — — — — — — — — — — — — — — — — — — — — — — -- PREMIER TOURS BOBBY'S HOPE HOUSE 1 ' 1 Thank you fr the tour of the new Hospice House " o yam, ' 1 and proposed Residential Hospice. 1 1 It is obvious that your group is dedicated and 1 1 determined to rovide the citizens P 1 ' 1 1 of Saint John with a Residential Hospice 1 1 and I applaud your enterprise to seek 1 1 funding from many sources. " 1 1 Premier Shawn Graham ' "As government 1 proceeds with plans to build a sustainable 1 1 health system, the 1 plan you propose will 1 1 no doubt be subject 1 for consideration. " 1 1 Premier Shawn 1 Graham 1 1y ' 1 Pictured: (front) Dr. Nancy Grant, Minister Mary Schryer, Sandy Johnson, Marilyn Abel Leblanc, Dr. Chris O 'Brien, Minister Roly Maclntyre and 1 / Craft (back) MLA, Premier Shawn Graham. — — — — — — — — — — — — — — — — — — — — OUR REQUEST TO THE NB GOVERNMENT The annual operating costs of the 10 -bed Residential Hospice Greater Saint John made the same proposal to Hospice Program are $840,000 /year for 24 -hour the Government of New Brunswick, asking for nursing staff, a medical director, a cook, cleaning, $580,000 per year in operational funding for our food, supplies and administration. Residential Hospice, with Hospice raising the additional $260,000 /year needed to operate the In 2005, the government of Ontario agreed to cost Residential Hospice. share the annual operational costs of 30 Residential Hospices by providing 70% of their annual funding At this rate, government's costs would amount to a needs. This arrangement was recognized as innovative mere $200 /day in comparison to the $1,000 /day they and forward- thinking. 28 currently pay at the hospital. BOBBY'S HOPE HOUSE A Special Home in Our Community Our Residential Hospice will be a home peaceful haven of hope and healing away from home — a place to live and where people and families will die in peace and dignity surrounded by have time to be together and to say loved ones and cared for by a team of goodbye. qualified professionals and volunteers. Children will be welcome too and It will offer compassionate, quality 24- will have access to a cheerful hour care for people who can no longer playroom designed just for them. be cared for at home, but do not need to Pets will also be welcome. be in hospital. Comfortable, home -like rooms throughout the house will offer retreats for rest, visits and reflection and homemade refreshments will nourish the body and spirit. Our Residential Hospice will be a Hospice Greater Saint John is committed to providing quality, compassionate care and making each day as comfortable, peaceful and meaningful as possible. That's why at Bobby's Hope House, people will feel cared for and at home. OPENING SPRING 2010. Future Bedroom Sisters of Charity Chapel I Divine Divas Dining Room HOSPICE GARDEN OF HOPE & HEALING A Sanctuary of Peace and Comfort Hospice Volunteers, Debbie & Bob Ryan have teamed up with expert gardener, Roy Morris of Grand Bay /Westfield to transform the side lawn at Bobby's Hope house into a garden oasis. The Japenese Garden area was installed last fall with the support of the Grand Bay Garden Club. Additional work begins in the spring as they ready for Residential Hospice operations. Our very special thanks to Roy, Debbie and Bob for donating their time and expertise to this important project and to all the donors and volunteers who are making this garden possible. Many people will enjoy the fruits of your labour! Today Volunteers Installing the Japanese Garden Paula Bosfet, Debbie Ryan, Olive Hart, Sue Holland Garden of Hope & Healing Team Leaders Bob and Debbie Ryan 290 Tomorrow THANK YOU GARDEN DONORS! Maritime Sod Topsoil LaFarge Canada Inc. Large Rock Keel Construction Trucking Brookville Manufacturing Rock Russell Metals Screen for Pump Hinsberger Poly Ind. Liner for Pond Brunswick Nurseries Japanese Maple Gulf Operators Rock/Trucking River Valley Garden Club 2 Maples Canadian Tire East Plants /Shrubs Syliva Palm Muffins Debbie and Bob Ryan Roy Morris Taryn Ryan Becky Ryan Paula Bosfet Olive Hart Sue Holland Carmella Melanson Sylvie Crabbe Shawn Moore Jim Whittaker OUR MEDICAL DIRECTOR DR. CHRIS O'BRIEN New Brunswick's Family Physician of the Year '7hris O'Brien is an award winning family physician and Medical Director of the 4tive Care Unit at the Saint John Regional Hospital. He has served on the Hos- Board of Directors since 1999 and has been actively involved with the research development of our Residential Hospice. He is set to be its Medical Director :n it opens in the spring of 2010. ere is tremendous personal satisfaction working in the field of hospice palliative "says Dr. O'Brien. "You make a di fference to others. They feel good and you good. " ients will be admitted to the Residential Hospice by their family physician who 1 be responsible for 24 -hour care. Dr. O'Brien will be available for medical sup - t and consultation and oversee the quality of care at the Hospice. He will also be primary physician for palliative patients at the Hospice without a family physi- n. Dr. O'Brien's position will be part-time, equivalent to one day per week, which I allow him to continue with his family practice and duties at the Palliative Care Lit. Dr. O'Brien will be on -site at the Hospice at least one day per week for patient ands, family consultations and support to the nursing staff. here is no one better qualified than Dr. O'Brien to serve as our Hospice Medical rector, " says Sandy Johnson. He has built our community's hospice palliative reprogram to be one of the best in New Brunswick and he is well respected by milies, his peers and other professionals. He will provide a key leadership role at is certain to help us provide quality care. " NURSES AND he Residential Hospice Standards :�veloped by the Hospice .ssociation of Ontario are being sed in the design and delivery of ur Residential Hospice. A .egistered Nurse with expertise in hospice alliative care will be on -site 24 -hours a day, days a week. 1RN; 1LPN; 1PSW 1 RN; 1 LPN 1 RN; 1PSW - lospice will also have a Nurse Residential tare Manager on site- cpnday— Friday. VOLUNTEERS Trained and experienced Resident Care Volunteers will work in four hour shifts during the day and in the early evening. They will be assistants to the nursing staff and provide care and support to the 10 residents and their families. The Residential Hospice will also have Reception Volunteers who will be responsible for greeting people, answering phones, etc. Other volunteers will provide additional support as needed. THANK YOU DONORS! As of February 2008, Hospice has raised $508,812 of its $1.2 million dollar goal. We are tremendously grateful to the following individuals and groups who have supported our Capital Campaign to date: Individual Donors $44,312 Raised Lloyd & Gloria Hosford Elizabeth Philips Natalie Noseworthy Marjorie Larsen Boyd & Donna Langille Gordon Mouland June Clark Estate of Mary Edgecomb John Kierstead Audrey Hickingbottom Barbara Johnston Dr. Margot Burnell Government $200,000 Raised NB Regional Development Corporation Corporate Donors $2,000 Raised Brodersen Realty Tim Hortons —Kevin and Marla Chapman Community Groups $57,500 Raised United Commercial Travelers St. David's United Church Men's Group Sisters of Charity Foundations $205,000 Raised Harold Ballard Foundation Fisher Foundation F.K. Morrow Foundation The Harold Crabtree Foundation MacMurray Foundation Anonymous Foundation F CHARLES -Age 85 `(R - Retired Businessman a -Cancer of the Bowel -Main caregiver for his elderly wife who also has health issues -Daughter live out of province, no other family -No acute sympton issues but unable to stay at home - life expectancy is months - Living and dying in an acute care hospital bed when he could be in our Residential Hospice. DEBBIE - Age 59 , lk -Self-employed r 4 -Divorced with one child -Breast Cancer with Me -Tried living with family but the situation broke down -Has good symptom control, but is unable to care for herself -Medically discharged from the hospital •Life expectancy is months Living and dying in an acute care hospital bed when he could be in our Residential =have e are real. Their names and some n changed to protect their privacy. ur Saint John Regional Hospital lay out for patients and families. TWINNING WITH CARPENTER HOSPICE WWW.THECARPENTERHOSPICE.COM Carpenter Hospice in Burlington, Ontario is twinning with Hospice Greater Saint John to support the establishment of our Residential Hospice. Lisa Lesnicki- Young, Community Relations Coordinator has ties to New Brunswick and when she heard about our plans, she imm@diately wanted to help. She and Sandy Street, Executive Director are sharing their expertise and key learning's. "Their support and willingness to share best practices is very beneficial and inspiring, " says Sandy Johnson, Executive Director. "We are fortunate to have one of Canada's top Residential Hospices championing our success. " Other Residential Hospices that have provided information and continue to help when called upon are Hospice May Court in Ottawa, Hospice Calgary, Vernon Hospice in BC and Red Deer Hospice. THANK YOU! 292 Tree � Hope & Remembrance • Our Tree of Hope & Remembrance is an opportunity for supporters of the Realize the Dream Campaign to recognize and honour loved ones. Leaves, acorns and rocks will be engraved and permanently displayed on a wall at the Residential Hospice for a donation of: $100 per Leaf, $ 500 per Acorn and $1,000 per Rock. Naming Opportunities $10,000 /Family Suite $15,000 Paliative Suite $25,000 Main Parlor $25,000 Side Parlor $25,000 Children's Play Room $25,000 Family Room $25,000 Kitchenette $50,000 Hope & Healing Garden $50,000 Family Wing $75,000 Elevator $100,000 Residential Hospice Wing — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ; 1 I Your Donation Can Make A Difference. 1 1 Donations for the Hospice REALIZE THE DREAM CAMPAIGN i can be made by Cash, Cheque or VISA and mailed to or dropped off at Hospice. 1 1 385 Dufferin Row * Saint John, NB E2M 2J9 * Tel: (506) 632 -5593 1 1 1 Name: Address: 1 1 1 1 City: Prov: Postal Code: Ph: 1 1 Amount: r Cash r Cheque r VISA 1 Expiry Date: 1 VISA No: 1 1 r 1 1 One Time Only r Annually for Years r Monthly for Years 1 1 r In Memory of r In Honour of 1 1 1 1 1 pICE Visit Our Website! 1 1 1 1 � Greater Saint John WWW.110sPICesJ.Ca 1 1 Pravutcy y G, � e • I / X11 � 293 �� — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 30 Colpitts Avenue Saint John, NB E2M 5G7 June 19, 2008 His Worship Mayor Ivan Court & Members of Common Council Dear Mayor Ivan Court & Members of Common Council: Re: Fluoride I am asking Mayor and Council to look at the health risks of fluoride in our drinking water. Several years ago they had decided to ask voters if they wanted fluoride in their drinking water. 'This was an item at the bottom of the ballot and most people did not vote either way (some never noticed it or forgot). Fluoride has been used to fight tooth decay in children. National Institute for Dental Research concluded that fluoride did not appear to have any decay preventing success. Areas where fluoride is consumed in drinking water, there is a higher rate of bone disorders, osteoporosis and arthritic pain. Fluoride is more poisonous than lead and just slightly less poisonous than arsenic. Fluoride is a chemical linked to a variety of medical problems; ranging from discolored teeth, bone disease and cancer. In short this chemical, fluoride is poison. Many cities and countries have decided the risks were too high to continue the use of fluoride in their drinking water. Some doctors have even suggested the use of toothpaste without fluoride. Some have continued the use of fluoride. You may ask yourself why. Remember this is a multi billion dollar industry. No one wants to shut down a money machine like that without a fight. Could our council take a look again; it has an effect on our immune system and so much more. Sincerely yours, Patricia Dashwood 294