Loading...
2008-09-02_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, September 02, 2008 Committee of the Whole 1. Call to Order 5:00 p.m 8th Floor Board Room City Hall 1.1 Employment Matter 10.2(4)(f,g) 1.2 Status Report 10.2(4)(f) Regular Meeting 1. Call to Order — Prayer 5:30 p.m. 2. Approval of Minutes 2.1 Minutes from August 18th, 2008 Meeting 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Seniors' Resource Centre Thank you (Recommendation: Receive for information) 5.2 Amalgamated Transit Union (Recommendation: Receive for information) 5.3 Emera Pipeline Cathodic Protection Easement 5.4 Traffic Signals at Intersection of Rothesay Ave / Broadway Ave 5.5 First Responder & Emergency Medical First Responder Training and Certification 5.6 Gault Rd Wastewater Pumping Station - Electrical Upgrade 5.7 Rockwood Park Interpretation Centre Wastewater Pumping Station - Electrical Upgrade 5.8 Lancaster Lagoon Cell 42 - Biosolids Removal and Dewatering 5.9 Sale of Portion of Highland St(Pending Approval of Street Closure)to East Point Inc. 5.10 Proposed Public Hearing Dates 661 Dever Rd, 127 -129 Bayside Dr. and 861- 891 Fairville Blvd 5.11 Upgrading of Clover Valley Rd 5.12 Supplementary Funding- Heritage Grant Programs (Recommendation in report) 5.13 Celebration Park Restoration Project (Recommendation in report) 5.14 Saint John Fire Fighters' Association (Recommendation: Refer to City Solicitor) 5.15 Lighting for Price Street West (Recommendation: Refer to Power Commission Committee) 5.16 Retirement on the Order of Council (Recommendation in report) 6. Members Comments 7. Proclamation 7.1 United Way Day Proclamation 7.2 Equal Parents' Week Proclamation 8. Delegations/ Presentations 8.1 Enterprise Saint John Presentation 9. Public Hearings 7:00 p.m. 9.1(a) Zoning Application Withdrawl 25 -35 Bentley St 9.l(b) Proposed Zoning By Law Amendment 25 -35 Bentley St 9.1(c) Letter in Opposition to Zoning By Law Amendment 9.2(a) Proposed Municipal Plan and Section 39 Amendment 443 Boars Head Rd 9.2(b) Municipal Plan and Section 39 Amendment Application 443 Boars Head Rd 93(a) Proposed Section 39 Amendment 77 -91 Leinster St 93(b) Proposed Section 39 Amendment 77 -91 Leinster St 9.4 Proposed Street Closure Highland St 10. Consideration of By -laws 10.1(a) Third Reading Zoning By Law Amendment 1060 Sandy Point Rd 10.1(b) Section 39 Conditions 1060 Sandy Point Rd 10.2(a) Third Reading Zoning By Law Amendment 105 Cranston Ave 10.2(b) Section 39 Conditions 105 Cranston Ave 11. Submissions by Council Members 11.0 Ban on Single -use Plastic Bottled Water (Mayor Court) 11.1 Overview from Chief Al Bodechon. Tabled from August 18th,2008 (Councillor Farren) 11.2 Transit Review. Tabled from August 18th,2008 (Councillor Farren) 113 West Side Ward 1 Meeting. Tabled from August 18th,2008 (Councillor Farren) 11.4 Performance Management System (Councillor Titus) 11.5 Designation of Funds from Lantic Sugar Site Sale (Councillor Snook) 11.6 Urban Core Network receives Tommy Douglas Award (Councillor Snook) 11.7 Development of Vacant and Derelict Buildings Strategy (Councillor Snook) 11.8 Parking in Southern Peninsula (Councillor Killen) 11.9 Sustainable Funding for Sustainability Programs (Deputy Mayor Chase) 11. 10 Strategic Planning (Deputy Mayor Chase) 12. Business Matters - Municipal Officers 12.1 Rothesay Avenue Complex - Emergency Power Upgrade 12.2 Watermain Cleaning & Lining, Phase 5 12.3 Concept Development Feasibility Study for Green Thermal Utility (GTU) 12.4 Minimum Property Standards By -Law Revised Resolutions 12.5 Same Week, Same Day: Solid Waste Service Implementation 13. Committee Reports 13.1 2007 Audited Financial Statements PAI 13.2 2007 Annual Report City of Saint John Pension Plan. Tabled from August 18, 2008. 13.3 Proposed Resolution for Cities Association 14. Consideration of Issues Separated from Consent Agenda 14.1 City Market Cleaning Services. Tabled from August 18, 2008. 15. General Correspondence 15.1 Crane Mountain Rd Development 16. Adjournment 3 City of Saint John Seance du conseil communal Le mardi 2 septembre 2008 Comite plenier 1. Ouverture de la seance 17 h Salle de conference du 8' 6tage a 116tel de ville 1.1 Question relative a 1'emploi — alin6a 10.2(4)f),g) 1.2 Rapport d'6tat — alin6a 10.2(4)f) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17h30 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 18 aout 2008 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du consed 5.1 Remerciements du Seniors' Resource Centre (recommandation : accepter a titre informatif) 5.2 Syndicat uni du transport (recommandation : accepter a titre informatif) 5.3 Courbe de raccordement de la protection cathodique de la soci6t6 Emera Pipeline 5.4 Feux de circulation a 1'intersection des avenues Rothesay et Broadway 5.5 Formation et certification des premiers intervenants et des premiers intervenants m6dicaux d'urgence 5.6 Amelioration du systeme 6lectrique du poste de pompage des eaux us6es situ6 sur le chemin Gault 5.7 Amelioration du systeme 6lectrique du poste de pompage des eaux us6es du centre d'interpr6tation du parc Rockwood 5.8 Cellule no 2 du bassin hydrographique Lancaster, pour 1'enlevement et le s6chage de biosolides 5.9 Vente d'une partie de la rue Highland (en attente de 1'approbation de la fermeture de la rue) a la soci6t6 East Point Inc. 5. 10 Dates propos6es pour les audiences publiques visant le 661, chemin Dever, le 127- 129, promenade Bayside et le 861 -891, boulevard Fairville 5.11 Amelioration du chemin Clover Valley 5.12 Financement suppl6mentaire pour le Programme de conservation du patrimoine (recommandation figurant au rapport) 5.13 Proj et de restauration du parc Celebration (recommandation figurant au rapport) 5.14 Saint John Fire Fighters' Association (recommandation : transmettre a 1'avocat municipal) 5.15 Eclairage pour la rue Price Ouest (recommandation : transmettre au comit6 de la Commission d'6nergie) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Declaration relative a la Journ6e de Centraide 7.2 Declaration relative a la Semaine de 1'6galit6 des parents 8. Delegations et presentations 8.1 Presentation d'Entreprise Saint John 9. Audiences publiques 19h 9. la) Retrait de la demande de zonage visant le 25 -35, rue Bentley 9. lb) Projet de modification de 1'arret6 de zonage visant le 25 -35, rue Bentley 9.1 c) Lettre d'opposition relative au proj et de modification de 1'arret6 de zonage 9.2a) Projet de modification du plan municipal et de Particle 39 relativement au 443, chemin Boars Head 9.2b) Demande de modification du plan municipal et de Particle 39 relativement au 443, chemin Boars Head 9.3a) Modification propos6e aux conditions impos6es en vertu de Particle 39 relativement au 77 -91, rue Leinster 9.3b) Modification propos6e aux conditions impos6es en vertu de Particle 39 relativement au 77 -91, rue Leinster 9.4 Arret6 propose concernant la fermeture de routes relatif a la rue Highland 10. Etude des arretes municipaux 10. la) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 1060, chemin Sandy Point 10. lb) Conditions impos6es par Particle 39 visant le 1060, chemin Sandy Point 10.2a) Troisieme lecture du prof et de modification de 1'arret6 de zonage visant le 105, avenue Cranston 10.2b) Conditions impos6es par Particle 39 visant le 105, avenue Cranston 11. Interventions des membres du conseil 11.0 Interdiction des bouteilles d'eau en plastique a usage unique (maire Court) 11.1 Presentation du chef de police Al Bodechon, point report6 de la seance du 18 aout 2008 (conseiller Farren) 11.2 Examen des transports en commun, point report6 de la seance du 18 aout 2008 (conseiller Farren) 11.3 Reunion du quartier West Side 1, point report6 de la seance du 18 aout 2008 (conseiller Farren) 11.4 Syst&me de gestion du rendement (conseiller Titus) 11.5 Affectation des fonds derives de la vente de 1'emplacement de Sucre Lantic (conseiller Snook) 11.6 Attribution du prix Tommy Douglas au R6seau de soutien du noyau urbain (conseiller Snook) 11.8 Stationnement dans le quartier Southern Peninsula (conseiller Killen) 11.7 Elaboration d'une strat6gie relative aux batiments vacants et abandonn6s (conseiller Snook) 11.9 Financement durable pour les programmes de d6veloppement durable (maire suppl6ant Chase) 11.10 Planification strat6gique (maire suppl6ant Chase) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.5 Meme semaine, meme jour : mise en place du service de gestion des d6chets solides 12.1 Modernisation de 1'alimentation 6lectrique du complexe de 1'avenue Rothesay 12.2 Nettoyage de la conduite d'eau principale et programme de revetement int6rieur, phase 5 12.3 Etude de faisabilit6 de d6veloppement d'un concept pour une installation thermique verte 12.4 Resolutions r6vis6es de 1'arret6 sur les normes minimales applicables aux biens- fonds 13. Rapports deposes par les comites 13.1 Etats financiers verifies de 2007 13.2 Rapport annuel de 2007 relatif au regime de retraite de The City of Saint John, point report6 de la seance du 18 aout 2008 13.3 Projet de resolution pour 1'Association des cites du Nouveau - Brunswick 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 14.1 Services de nettoyage du march6 municipal, point report6 de la seance du 18 aout 2008 15. Correspondance generale 15.1 Am6nagement du chemin Crane Mountain 16. Levee de la seance present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Higgins, Killen, McGuire, Mott, Snook, Sullivan, and Titus -and - T. Totten, City Manager; J. Nugent, City Solicitor; G. 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; B. Morrison, Commissioner of Leisure Services; G. Boyles, Sergeant at Arm; J. Taylor, Assistant Common Clerk and V. Judge, Administrative Assistant. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L -HOTEL DE VILLE, LE 18 AOOT 2008 A 18 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Higgins, Killen, 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; B. Morrison, commissaire aux services des loisirs et G. Boyles, sergent d'armes; ainsi que J. Taylor, greffier communal adjoint et V. Judge, adjointe administrative. 1. Call To Order — Prayer Mayor Court called the meeting to order and Pastor Clayton Misner of Life Community Church offered the opening prayer. Cindy Donovan, C.E.O. of Loch Lomond Villa, presented an award on behalf of the Loch Lomond Villa's Senior Dreams Program to B. Morrison, Commissioner of Leisure Services. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur Clayton Misner, de I'eglise Life Community, recite la priere d'ouverture. Au nom du Programme de realisation des reves de personnes agees de Loch Lomond Villa, Cindy Donovan, presidente- directrice generale de Loch Lomond Villa, presente un prix a B. Morrison, commissaire aux services des loisirs. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on August 5, 2008, be approved. Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 5 aout 2008 soit approuve. A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of: 12.0(a) Proposed Sale of the Lantic Sugar Site with amended resolution; 13.3, Committee of the Whole Report Appointments to Committees and that the letter from the South End Days Committee be added to the Consent agenda as item 5.24. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that items 11.0, 12.0 and 12.0(a) be first matters dealt with, which all pertained to the sale of the Lantic Sugar site. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points suivants : 12.0a) Projet de vente de 1'emplacement de Sucre Lantic avec modification de la resolution; 13.3 Rapport du comite plenier relativement aux nominations pour sieger aux comites, et que la Iettre du Comite des journees du quartier sud soit ajoutee aux questions soumises a I'approbation du conseil sous le point 5.24. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que les points 11.0, 12.0 et 12.0a) soient des questions traitees en priorite, qui relevent toutes de la vente de 1'emplacement de Sucre Lantic. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest John Nugent, City Solicitor, declared a conflict with all of item 12; the Mayor, Councillor Titus and Deputy Mayor Chase declared a conflict with item 11.4; and Deputy Mayor Chase declared a conflict with item 12.5. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City Solicitor, notwithstanding his disclosure of conflict of interest, provide Council with advice on all matters relating to the possible transfer of the so called Lantic Sugar site or the proposed development at Long Wharf by Irving Oil. Question being taken, the motion was carried. John Nugent, avocat municipal, declare qu'il est en situation de conflit d'interets relativement a 1'ensemble du point 12, le maire, le conseiller Titus et le maire suppleant Chase declarent qu'il en est de meme pour eux relativement au point 11.4, et le maire suppleant Chase declare qu'il est dans la meme situation relativement au point 12.5. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'avocat municipal, malgre son conflit d'interets divulgue, offre au conseil des avis au sujet des questions Iiees au transfert eventuel dudit emplacement de Sucre Lantic ou de I'amenagement propose a Long Wharf par Irving Oil. A I'issue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.0 Lantic Sugar Site Sale (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Common Council advise both the Saint John Port Authority and Irving Oil Limited that The City of Saint John is prepared to sell those parcels of City owned land referred to as the Lantic Sugar Site to Irving Oil Limited. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.0 Vente de 1'emplacement de Sucre Lantic (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil communal avertisse a la fois I'Administration portuaire de Saint John et Irving Oil Limited que The City of Saint John est disposee a vendre ces parcelles de terrain appartenant a la Ville, connues sous le nom d'emplacement de Sucre Lantic, a Irving Oil Limited. A I'issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.0 Requested Sale of the Lantic Sugar Site 12.0(a) Former Lantic Sugar Site On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that item 12.0, Requested Sale of Lantic Sugar Site and 12.0(a), Former Lantic Sugar Site be lifted from the table. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that as recommended by the City Manager Common Council advise both Saint John Port Authority and Irving Oil that The City of Saint John is prepared to sell those parcels of City owned lands referred to as the Lantic Sugar (PID #'s 00002261, 55071005, 00002444, and 55147482) to Irving Oil Limited for the sole purpose of Irving Oil Limited immediately transferring title of those same lands to the Saint John Port Authority on the following terms and conditions: (1) The price to be paid is the current fair market value of the property as determined by a qualified independent professional appraiser, provided the fair market value does not exceed $1 million. is the highest of the three, yet less than a million dollars, the city's appraisal shall represent the Fair Market Value of the property for purposes of this transaction. (3) That the City of Saint John is provided with an undertaking by Irving Oil Limited that the company will undertake a public consultation process with respect to the design and usage of the public spaces in and around Long Wharf. (4) That the Saint John Port Authority confirms that it is the Port's intention to utilize the Lantic Sugar site as an extension of the Lower Cove Terminal ensuring and contributing to the long term viability of this "Working Port." (5) Given concerns with respect to this transaction negatively affecting the operations of the Port, the Saint John Port Authority provide to Common Council, prior to finalizing this transaction, a copy of the information provided at the public announcement as well as any other information that can provide Common Council with assurances that this transaction is consistent with the Port's Long Term Business Plan. (6) That the City of Saint John be provided with assurances that there is nothing in the agreement between Irving Oil Limited and the Saint John Port Authority that will preclude the City of Saint John from receiving either municipal property taxes or a grant in lieu of taxes, on an annual basis, equal to the municipal tax rate multiplied by the assessed value of the real property to be constructed on the site. (7) That Irving Oil shall, at the appropriate time, initiate making application to have the development site rezoned from Heavy Industrial to a zone better suited for the proposed development. (8) That it is understood that Council's support for this transaction does not implicitly or explicitly indicate Council's support for any rezoning application. Question being taken, the motion was carried with Councillor Higgins voting nay. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.0 Vente demandee de 1'emplacement de Sucre Lantic 12.0a) Ancien emplacement de Sucre Lantic Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le point 12.0, Vente demandee de 1'emplacement de Sucre Lantic, et 12.0a), Ancien emplacement de Sucre Lantic, soient soumis aux fins de discussion. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que sur les recommandations du directeur general, le conseil communal avertisse a la fois I'Administration portuaire de Saint John et Irving Oil Limited que The City of Saint John est disposee a vendre ces parcelles de terrain appartenant a la Ville, connues sous le nom d'emplacement de Sucre Lantic (NID 00002261, 55071005, 00002444 et 55147482), a Irving Oil Limited, uniquement pour qu'Irving Oil Limited transfere immediatement le titre de ces memes biens -fonds a I'Administration portuaire de Saint John selon les modalites suivantes : (1) Le prix a payer est la valeur marchande equitable actuelle du bien -fonds mentionnees dans le present rapport ont commandite les rapports devaluation de 1'emplacement de Sucre Lantic, les parties conviennent de prendre simplement la moyenne de la valeur marchande equitable contenue dans chacun de ces rapports et elles acceptent que cette moyenne soit la valeur marchande equitable des biens -fonds aux fins de cette transaction. Toutefois, les parties concedent que, dans le cas ou I'evaluation de la Ville serait la plus elevee des trois, en etant toutefois inferieure a un million de dollars, I'evaluation de la Ville representera la valeur marchande equitable du bien -fonds aux fins de cette transaction. (3) The City of Saint John doit recevoir une promesse d'Irving Oil Limited selon Iaquelle 1'entreprise entreprendra un processus de consultation publique a I'egard de la conception et de ('utilisation des espaces publics a Long Wharf et dans ses alentours. (4) L'Administration portuaire de Saint John doit confirmer que le port a l'intention d'utiliser 1'emplacement de Sucre Lantic en tant que prolongement du terminal Lower Cove qui assurerait la viabilite a long terme de ce « port en activite » et qui y contribuerait. (5) Considerant les preoccupations relatives a cette transaction qui ont des repercussions negatives sur les activites du port, I'Administration portuaire de Saint John doit fournir au conseil communal, avant de finaliser cette transaction, une copie des renseignements fournis lors de I'annonce publique, ainsi que tout autre renseignement qui peut donner au conseil communal la garantie que cette transaction est conforme au plan commercial a long terme du port. (6) The City of Saint John doit titre assuree que rien dans 1'entente entre Irving Oil Limited et I'Administration portuaire de Saint John n'empechera The City of Saint John de percevoir annuellement des impots fonciers municipaux ou une subvention a la place des impots. Ces sommes devront titre egales a la multiplication du taux d'imposition foncier par la valeur evaluee du bien reel qui sera construit sur le terrain. (7) Irving Oil devra, au moment venu, soumettre une demande de rezonage afin que le terrain d'amenagement passe d'une zone d'industrie lourde a une zone plus adaptee a I'amenagement propose. (8) II est entendu que I'appui du conseil pour cette transaction n'indique ni implicitement, ni explicitement I'appui du conseil envers I'une ou I'autre demande de rezonage. A I'issue du vote, la proposition est adoptee. Le conseiller Higgins vote contre la proposition. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 1060 Sandy Point Road 9.1(b) Panning Advisory Committee recommending Rezoning The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1060 Sandy Point Road, having an area of approximately 2.42 hectares, also identified as being a portion of PID number 55190193, from "B -2" General Business to "RM -2" High Rise Multiple Residential classification. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its August 12, 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 1060 Sandy Point Road as described above. The Mavor called for members of the public to speak aaainst the re- zonina with no one 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" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1060 Sandy Point Road, having an area of approximately 2.42 hectares, also identified as being a portion of PID number 55190193, from "B -2" General Business to "RM -2" High Rise Multiple Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By- Law ". 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" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1060 Sandy Point Road, having an area of approximately 2.42 hectares, also identified as being a portion of PID number 55190193, from "B -2" General Business to "RM -2" High Rise Multiple Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By- Law". 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage visant le 1060, chemin Sandy Point 9.1 b) Comite consultatif d'urbanisme recommandant le rezonage Le greffier communal adjoint indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en vue du rezonage d'une parcelle de terrain d'une superficie d'environ 2,42 hectares situee au 1060, chemin Sandy Point et en partie sous le NID 55190193, afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » a zone residentielle d'immeubles -tours a Iogements multiples « RM -2 ». 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 12 aout 2008, a laquelle le comite a resolu de recommander I'adoption 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 1060, chemin Sandy Point. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui au rezonage, mais personne ne prend la parole au nom du demandeur. 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 » modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 2,42 hectares situee au 1060, chemin Sandy Point et en partie sous le NID 55190193, afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » a zone residentielle d'immeubles -tours a Iogements multiples RM -2 », fasse I'objet d'une premiere lecture. 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 » modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 2,42 hectares situee au 1060, chemin Sandy Point et en partie sous le NID 55190193, afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » a zone residentielle d'immeubles -tours a Iogements multiples « RM -2 », fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By Law Amendment 105 Cranston Avenue 9.2(b) Planning Advisory Committee recommending the Rezoning The Assistant Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 105 Cranston Avenue, having an area of approximately 1,326 square metres, also identified as being a portion of PID number 55192199, from "R -4" Four Family Residential to "B -2" General Business classification. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its August 12, 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 105 Cranston 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 favor of the re- zoning with Richard Turner of Hughes Surveys and Consultants appearing to speak on behalf of the applicant and indicating that he was in agreement with the staff report and recommendation. On motion of Councillor Sullivan Seconded by Councillor Titus RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of the City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 105 Cranston Avenue, having an area of approximately 1,326 square metres, also identified as being a portion of PID number 55192199, from "R -4" Four Family Residential to "B -2" General Business, 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 ". 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" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 105 Cranston Avenue, having an area of approximately 1,326 square metres, also identified as being a portion of PID number 55192199, from "R -4" Four Family Residential to "B -2" General Business, be read a second time. Question being taken, the motion was carried. Le greffier communal adjoint indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en vue du rezonage d'une parcelle de terrain d'une superficie d'environ 1 326 metres carres situee au 105, avenue Cranston et en partie sous le NID 55192199, afin de faire passer la classification s'y rapportant de zone residentielle — habitations de quatre Iogements « R -4 » a zone commerciale generale « B -2 ». 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 12 aout 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 105, avenue Cranston. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite Ies membres du public a exprimer Ieur appui quant au rezonage et, Richard Turner de Hughes Surveys and Consultants Inc., au nom du demandeur, se montre en faveur des recommandations ainsi que du rapport du personnel. Proposition du conseiller Sullivan Appuyee par le conseiller Titus RESOLU que I'arrete intitule Arrete modifiant I'arrete de zonage de The City of Saint John » modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 1 326 hectares situee au 105, avenue Cranston et en partie sous le NID 55192199, afin de faire passer la classification s'y rapportant de zone residentielle — habitations de quatre Iogements « R -4 » a zone commerciale generale « B -2 », fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture 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 » modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 1 326 hectares situee au 105, avenue Cranston et en partie sous le NID 55192199, afin de faire passer la classification s'y rapportant de zone residentielle — habitations de quatre Iogements « R -4 » a zone commerciale generale B -2 », fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». (Councillor Killen left the meeting due to being absent from the August 5, 2008 Council meeting at which time a public hearing was held in regards to 40 Mountain View drive). 9.3(a) Proposed Zoning By Law Amendment 40 Mountain View Drive 9.3(b) Report from City Manager 9.3(c) Letter of Opposition to Zoning By Law Amendment 9.3(d) Recommending Rezoning On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the zoning by law amendment for 40 Mountain View Drive be lifted from the table. zoning a parcel of land with an area of approximately 5.6 hectares, located at 40 Mountain View Drive, also identified as being PID Nos. 00313429 and 00426452, from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -2" High Rise Multiple Residential classification. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 29, 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 40 Mountain View Drive as described above. On motion of Councillor Court Seconded by Councillor Snook RESOLVED that Council accept from "RS- 2" to "R -2 ", but Council deny "RM -2" High Rise Multiple Residential classification and a stipulation that no connecting roads be attached to the existing subdivision. Question being taken, the motion was defeated with Deputy Mayor Chase and Councillors Titus, McGuire, Mott, Sullivan, and Killen voting nay. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By- Law ", amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land with an area of approximately 5.6 hectares, located at 40 Mountain View Drive, also indentified as being PID Numbers 00313429 and 00426452, from "RS -2" One and Two Family Suburban Residential to "R- 2" One and Two Family Residential and "RM -2 "High Rise Multiple Residential, be read a first time. Question being taken, the motion was carried with Councillor Court and Snook voting nay. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By- Law ". On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By- Law ", amending Schedule "A ", the Zoning Map of the City of Saint John, by re- zoning a parcel of land with an area of approximately 5.6 hectares, located at 40 Mountain View Drive, also indentified as being PID Numbers 00313429 and 00426452, from "RS -2" One and Two Family Suburban Residential to "R- 2" One and Two Family Residential and "RM -2 "High Rise Multiple Residential, be read a second time. Question being taken, the motion was carried with Councillors Court and Snook voting nay. Read a Second time by title, the by -law entitled, "A Law to Amend the Zoning By- Law ". (Le conseiller Killen quitte la seance en raison de son absence Tors de la seance du conseil du 5 ao6t 2008, apres quoi une audience publique a lieu concernant le 40, promenade Mountain View). 9.3a) Projet de modification de I'Arrete de zonage relatif au 40, promenade Mountain View 9.3b) Rapport presente par le directeur general 9.3c) Lettres d'opposition au projet de modification de I'Arrete de zonage 9.3d) Recommandation du rezonage Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la modification de I'Arrete de zonage relativement au 40, promenade Mountain View soit soumise aux fins de discussion. 40, promenade Mountain View et portant les NID 00313429 et 00426452 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 » et a zone residentielle d'immeubles -tours a Iogements multiples « RM -2 ». 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 29 juillet 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 40, promenade Mountain View. Proposition du conseiller Court Appuyee par le conseiller Snook RESOLU que le conseil accepte le changement de « RS -2 » a « R -2 », mais qu'il refuse la classification de zone residentielle d'immeubles -tours a Iogements multiples « RM -2 » ainsi qu'une disposition selon laquelle aucune route de jonction ne sera reliee a la subdivision existante. A ('issue du vote, la proposition est rejetee. Le maire suppleant Chase ainsi que les conseillers Titus, McGuire, Mott, Sullivan et Killen votent contre la proposition. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 2,42 hectares situee au 40, promenade Mountain View et portant les NID 00313429 et 00426452 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 » et a zone residentielle d'immeubles -tours a Iogements multiples « RM -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est acceptee. Les conseillers Court et Snook votent contre la proposition. Premiere lecture 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 », modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 2,42 hectares situee au 40, promenade Mountain View et portant les NID 00313429 et 00426452 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 » et a zone residentielle d'immeubles -tours a Iogements multiples « RM -2 », fasse ('objet d'une seconde lecture. A ('issue du vote, la proposition est acceptee. Les conseillers Court et Snook votent contre la proposition. Deuxieme lecture de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 6. Members Comments 6. Commentaires presentes par les membres 7. Proclamation 8.1 Saint John Transit Referring to a submitted presentation, Chris Campbell, Assistant General Manager of Saint John Transit, Frank McCarey, General Manager of Saint John Transit, Michael Hunter, Chairman of Saint John Transit and Michael Rothslaw, President and CEO of the Canadian Urban Transit Association provided a presentation to Council regarding Saint John Transit as well as various other public transit systems throughout Canada. 8. Delegations et presentations 8.1 Commission des transports de Saint John Se reportant a une presentation deposee anterieurement, Chris Campbell, directeur general adjoint de la Commission des transports de Saint John, Frank McCarey, directeur general de la Commission des transports de Saint John, Michael Hunter, president de la Commission des transports de Saint John, et Michael Rothslaw, president - directeur general de I'Association canadienne du transport urbain, ont soumis une presentation au conseil concernant la Commission des transports de Saint John ainsi que d'autres systemes de transport public a travers le Canada. 8.2 Minimum Standards By -Law 8.2(a) Minimum Standards By -Law 8.2(b) Minimum Property Standards By -Law 8.2(c) Current Property Standards By -Law Referring to a submitted presentation and report, W. Edwards, Commissioner of Buildings and Inspection Services, Pam Bentley and Amy Poffenroth, Buildings and Inspection Services, reviewed the report and presentation for Council, outlining the recent changes to the Municipalities Act relating to unsightly premises, hazardous buildings and structures and minimum property standards, and responded to Council members' questions regarding by -law offences and fines. The Assistant Common Clerk advised that the necessary advertising was completed with regard to Minimum Property Standards By -Law Amendments. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By Law respecting Standards for Maintenance and Occupancy of Buildings and Premises ", be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By Law respecting Standards for Maintenance and Occupancy of Buildings and Premises ". On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the by -law entitled, "A By Law respecting Standards for Maintenance and Occupancy of Buildings and Premises ", be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By Law respecting Standards for Maintenance and Occupancy of Buildings and Premises ". On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the Council Meeting be extended beyond 10:00 P.M. David Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed as by -law enforcement officer pursuant to section 14 of the Police Act, and is hereby designated as a person to serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act and shall continue until the person ceases to be an employee of the City of Saint John or the appointment is revoked by Common Council, whichever comes first. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that Elizabeth Gormley, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to each Notice of Comply that is issued by the aforesaid persons shall continue until the person ceases to be the Common Clerk of The City of Saint John or the appointment is revoked by Common Council, whichever comes first. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that pursuant to section 4 of the Minimum Property Standards By -Law and in accordance with the recommendation of the City Manager, each of Rick Armstrong, Darryl Berube, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye is hereby appointed as an Inspection Officer and be effective immediately upon the Minimum Property Standards By -Law which received 1s' and 2nd reading on August 18th, 2008 is enacted and approved by the Minister of Local Government and shall continue until the person ceases to be an employee of The City of Saint John or the appointment is revoked by Common Council, whichever comes first. Question being taken, the motion was carried. 8.2 Arrete sur les normes minimales 8.2a) Arrete sur les normes minimales 8.2b) Arrete sur les normes minimales aux biens -fonds 8.2c) Arrete actuel sur les normes minimales applicables aux biens -fonds Se reportant a la presentation et au rapport soumis anterieurement, W. Edwards, commissaire aux services d'inspection et des batiments, Pam Bentley et Amy Poffenroth, des services d'inspection et des batiments, examinent le rapport et la presentation pour le conseil, en soulignant les recentes modifications apportees a la Loi surles municipalites relativement aux lieux inesthetiques, aux batiments et aux constructions dangereux et aux normes d'entretien et d'occupation, et repondent aux questions posees par les membres du conseil au sujet des infractions constatees a 1'encontre des arretes municipaux et des contraventions imposees. Le greffier communal adjoint indique que les avis requis ont ete publies relativement a I'arrete sur les normes minimales aux biens- fonds. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete relatif aux normes d'entretien et d'occupation des batiments et locaux » fasse l'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete relatif aux normes d'entretien et d'occupation des batiments et locaux ». Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que I'arrete intitule « Arrete relatif aux normes d'entretien et d'occupation des batiments et locaux » fasse l'objet d'une !'ICI ivi4i i= ICrti IrC Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que la seance du conseil soit prolongee au -dela de 22 h. A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que William Edwards, David Crawford, Amy Poffenroth et Pamela Bentley soient nommes par les presentes pour agir en qualite d'agents charges de 1'execution des arretes municipaux conformement a I'article 14 de la Loi surla police et qu'ils soient habilites a signifier des billets de contravention relativement aux infractions enoncees a I'alinea 100.2a) de la Loi surles municipalites. Cette autorisation demeurera en vigueur aussi Iongtemps que ces personnes seront a 1'emploi de The City of Saint John ou jusqu'a ce que Ieur nomination soit revoquee par le conseil communal, selon la premiere eventualite. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Killen RESOLU qu'Elizabeth Gormley, greffiere communale, soit par les presentes autorisee a apposer le sceau communal de The City of Saint John sur chaque avis de se conformer emis par les personnes susmentionnees. Cette autorisation demeurera en vigueur aussi Iongtemps que cette personne sera greffiere communale de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Killen RESOLU qu'en vertu du paragraphe 4 de I'arrete sur les normes minimales aux biens -fonds et de la recommandation du directeur general, Rick Armstrong, Darryl Berube, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville et Jason Waye soient nommes par les presentes pour agir en qualite d'agents des inspections. Cette disposition entrera en vigueur immediatement lorsque I'arrete sur les normes minimales aux biens -fonds qui a regu une 1,e et une 2e lectures le 18 aout 2008 aura ete edicte et approuve par le ministre des Gouvernements locaux et elle demeurera en vigueur aussi Iongtemps que ces personnes seront a 1'emploi de The City of Saint John ou jusqu'a ce que Ieur nomination soit revoquee par le conseil communal, selon la premiere eventualite. A ('issue du vote, la proposition est adoptee. 8.2(d) Letter of Opposition to Minimum Standards By -Law On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the letter of Opposition to the Minimum Standards By -Law be received for information. Question being taken, the motion was carried. 8.2d) Lettre d'opposition relative a I'arrete sur les normes minimales Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que la lettre d'opposition relative a I'arrete sur les normes minimales soit regue a des fins informatives. Seconded by Councillor Snook RESOLVED that the 2007 Annual Report of Saint John Pension Plan be tabled for a 2 week period in order to review it. Question being taken, the motion was carried 8.3 Rapport annuel de 2007 relatif au regime de retraite de The City of Saint John Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le rapport annuel 2007 relatif au regime de retraite de The City of Saint John soit reporte pendant une periode de deux semaines aux fins d'examen. A Tissue du vote, la proposition est adoptee. (Councillor Killen left the meeting due to being absent from the August 5, 2008 Council meeting at which time first and second readings of 2 First Street East were given). 10. Consideration of By -laws 10.1(a) Third Reading 2 First Street East 10.1(b) Section 39 Conditions On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -law Number C.P. 110 -81 A Law to Amend the Zoning By -law of the City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 2 First Street East, having an area of approximately 1.6 acres, also identified as PID number 00347864, from "SZ -11" Special Zone 11 to "B -2" General Business classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C. P. 110 -81, A Law to Amend the Zoning By -law of The City of Saint John, was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land located at 2 First Street East, having an area of approximately 1.6 acres, also identified as being PID Number 00347864, be subject to the following conditions: a) The use of the subject site be limited to the following uses: i. business office; ii. church; iii. community centre; iv. dwelling unit; v. institution of an educational, governmental or philanthropic nature; vi. public museum, library, park or playground; vii. school b) 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 and other site features. The approved site plan must be attached to the building permit application for the development. c) The Developer pave all access, maneuvering and parking areas with asphalt. subject to the approval of the Chief City Engineer or his designate f) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. g) All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -law Number C.P. 110 -81 A Law to Amend the Zoning By -law of the City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 2 First Street East, having an area of approximately 1.6 acres, also identified as PID number 00347864, from "SZ -11" Special Zone 11 to "B -2" General Business classification classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -81, A Law to Amend the Zoning By -law of The City of Saint John." (Le conseiller Killen quitte la seance en raison de son absence lors de la seance du conseil du 5 aout 2008, apras quoi une premiere et une deuxieme lectures relatives au 2, rue First Est ont lieu). 10. Etude des arretes municipaux 10.1a) Troisieme lecture relative au 2, rue First Est 10.1 b) Conditions imposees par I'article 39 Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete no C.P. 110 -81 modifiant I'arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 1,6 acre situee au 2, rue First Est et portant le NID 00347864 afin de faire passer la classification s'y rapportant de zone speciale no 11 « SZ -11 » a zone commerciale generale « B -2 », fasse l'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110 -81 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surl'urbanisme, I'amenagement propose d'une parcelle de terrain situee au 2, rue First Est, d'une superficie d'environ 1,6 acre et inscrite sous le NID 00347864 soit assujetti aux conditions suivantes : a) I'affectation de 1'emplacement en question doit se limiter aux usages suivants i. bureau d'affaires; ii. eglise; iii. centre communautaire; iv. Iogement; v. etablissement educatif, gouvernemental ou philanthropique; vi. musee public, bibliotheque, parc ou terrain de jeux; vii. ecole. b) 1'emplacement doit titre amenage conformement au plan de situation, prepare par le promoteur et sujet a I'approbation de I'agent d'amenagement, indiquant 1'emplacement de tous Ies batiments, Ies aires de stationnement, Ies voies d'acces, Ies aires de rharrramant lac affirhac 1'4irlairarra aYtariai it lac acnarac navcarrarc at lac Ai itrac d) les aires asphaltees doivent titre entourees de bordures continues de beton coulees sur place au besoin pour proteger les espaces paysagers et pour faciliter le drainage; e) le promoteur doit assurer des installations adequates de drainage, y compris des puisards, conformement a un plan de drainage detaille dresse par le promoteur et sujet a I'approbation de l'ingenieur municipal en chef ou de son representant; f) le promoteur doit prevoir I'amenagement paysager des aires amenagees de 1'emplacement ou it n'y a pas de batiments, de voies d'acces, d'allees pietonnieres et d'aires de stationnement ou de chargement. L'amenagement paysager doit se prolonger sur le droit de passage municipal jusqu'a la bordure de la rue ou du trottoir; g) tous les travaux d'amelioration indiques sur les plans de situation et de drainage doivent titre termines dans un delai d'un an a compter de la date de delivrance du permis de construction. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete no C.P. 110 -81 modifiant I'arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 1,6 acre situee au 2, rue First Est et portant le NID 00347864 afin de faire passer la classification s'y rapportant de zone speciale no 11 « SZ -11 » a zone commerciale generale « B -2 », fasse l'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C. P. 110 -81 modifiant I'arrete de zonage de The City of Saint John ». (Councillor Killen left the meeting due to being absent from the August 5, 2008 Council meeting at which first and second readings were given for Stop Up and Close Blue Rock St.). 10.2 Third Reading Stop Up and Close Blue Rock Street On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -23, a By -law to Amend a By -law Respecting the Stopping -up and Closing of Highways in the City of Saint John" regarding a portion of Blue Rock Street, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -23, a By -law to amend a By -law Respecting the Stopping -up and Closing of Highways in the City of Saint John" was read in its entirety. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the by -law entitled, "By -law Number M -23, a By -law to Amend a By -law Respecting the Stopping -up and Closing of Highways in the City of Saint John" regarding a portion of Blue Rock Street, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried with Councillors Court, Snook, and Higgins voting nay. Read a third time by title, the by -law entitled "By -law Number M -23, a By -law to Amend a By -law Respecting the Stopping -up and Closing of Highways in the City of Saint John ". (Councillor Killen returned to the meeting) de modification de I'arrete sur l'interruption de la circulation en vue de la fermeture d'un trongon de la rue Blue Rock ont ete faites). 10.2 Troisieme lecture du projet de modification de I'arrete sur ('interruption de la circulation en vue de la fermeture d'un trongon de la rue Blue Rock Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete no M -23 modifiant I'arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a un trongon de la rue Blue Rock fasse l'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -23 modifiant I'arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John » est lu integralement. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que I'arrete intitule « Arrete no M -23 modifiant I'arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a un trongon de la rue Blue Rock, fasse l'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est acceptee. Les conseillers Court, Snook et Higgins votent contre la proposition. Troisieme lecture par titre de I'arrete intitule « Arrete no M -23 modifiant I'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». (Le conseiller Killen reintegre la seance.) 11 Submissions by Council Members 11.1 Overview from Police Chief Al Bodechon (Councillor Farren) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Councillor Farren requesting an overview from Police Chief Al Bodechon be tabled until Council meeting of September 2, 2008. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Presentation du chef de police Al Bodechon (conseiller Farren) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'examen de la lettre du conseiller Farren demandant que le chef de police Al Bodechon fasse une presentation soit reporte a la seance du conseil qui aura lieu le 2 septembre 2008. A Tissue du vote, la proposition est adoptee. 11.2 Transit Review (Councillor Farren) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Councillor Farren regarding Transit review be tabled until Council meeting of September 2, 2008. Appuyee par le conseiller McGuire RESOLU que I'etude de la lettre du conseiller Farren concernant 1'examen des transports en commun soit reportee a la seance du conseil qui aura lieu le 2 septembre 2008. A Tissue du vote, la proposition est adoptee. 11.3 West Side Ward 1 Meeting (Councillor Farren) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Councillor Farren requesting that the Mayor set a time, on a date from the middle to the end of September, that suits his busy agenda to hold a 2nd West Side Ward meeting and the At Large and Ward Councillors also be invited to attend be tabled until Council meeting of September 2, 2008. Question being taken, the motion was carried. 11.3 Reunion du quartier West Side 1 (conseiller Farren) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'examen de la lettre du conseiller Farren, demandant que le maire fixe une date entre la mi et la fin septembre convenant a son horaire charge pour organiser une deuxieme reunion dans le quartier West Side et que les conseillers generaux et des quartiers soient egalement invites a y assister, soit reporte a la seance du conseil qui se tiendra le 2 septembre 2008. A Tissue du vote, la proposition est adoptee. 11.4 Pension Board Letter (Councillor Sullivan) (Mayor Court, Deputy Mayor Chase and Councillor Titus withdrew from the meeting citing conflicts of interest). Councillor McGuire took the chair on the recommendation of Deputy Mayor Chase. On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that Common Council of The City of Saint John write a letter to the Pension Board of The City of Saint John requesting that they drop the lawsuit against former Councillor John Ferguson. Councillor Higgins proposed an amendment to the motion. On motion of Councillor Higgins Seconded by Councillor Sullivan RESOLVED that Council send a letter to the Pension Board requesting that they drop the lawsuit against former Councillor John Ferguson or that they assume the cost of the lawsuit. Councillor Sullivan, upon further reflection, announced that he no longer agreed with the amendment. Question being taken, the amendment was defeated with Councillors Snook, Killen, Sullivan and McGuire voting nay. On the original motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that Common Council of The City of Saint John write a letter to the Pension Board of The City of Saint John requesting that they drop the lawsuit against former Councillor John Ferguson. Question being taken, the motion was carried with Councillor Court voting nay. (Le maire Court, le maire suppleant Chase et le conseiller Titus quittent la seance en raison d'un conflit d'interets). Le conseiller McGuire assume la presidence, suivant la recommandation du maire suppleant Chase. Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le conseil communal de The City of Saint John ecrive une lettre a la Commission des pensions de The City of Saint John afin qu'elle laisse tomber la poursuite contre I'ancien conseiller John Ferguson. Le conseiller Higgins suggere une modification a la proposition. Proposition du conseiller Higgins Appuyee par le conseiller Sullivan RESOLU que le conseil envoie une lettre a la Commission des pensions demandant que cette derniere Iaisse tomber la poursuite contre I'ancien conseiller John Ferguson ou qu'elle assume le cout de la poursuite. Apres mure reflexion, le conseiller Sullivan indique qu'il n'est plus d'accord avec la modification. A ('issue du vote, la modification est rejetee. Les conseillers Snook, Killen, Sullivan et McGuire votent contre la modification. Proposition initiale du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le conseil communal de The City of Saint John ecrive une lettre a la Commission des pensions de The City of Saint John afin qu'elle Iaisse tomber la poursuite contre I'ancien conseiller John Ferguson. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. (Le maire Court, le maire suppleant Chase et le conseiller Titus reintegrent la seance). 11.5 Priority Setting Session (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Deputy Mayor Chase RESOLVED that the upcoming Council Priority Setting session be an Open Session of Committee of the Whole. Question being taken, the motion was carried. 11.5 Seance d'etablissement des priorites (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le maire suppleant Chase RESOLU que la prochaine seance d'etablissement des priorites par le conseil constitue une seance publique du comite plenier. A ('issue du vote, la proposition est adoptee. 11.6 Trash Receptacles (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the City Manager, always with an eye to budgetary considerations, investigate the feasibility of purchasing and installing trash receptacles at appropriate locations throughout the city. Appuyee par le conseiller Sullivan RESOLU que le directeur general, ayant toujours a 1'esprit des considerations budgetaires, examine la possibilite d'acheter des bennes a ordures et de Ies installer dans des endroits appropries dans 1'ensemble de la ville. A Tissue du vote, la proposition est adoptee. 11.7 BCAPI Support Letter (Councillor Killen) On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that Council write a letter supporting BCAPI in its efforts to have the Early Childhood Development Coalition locate an Early Childhood Development Centre /Program at St. John the Baptist /King Edward School. Question being taken, the motion was carried with Councillor Titus voting nay On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that Council invite BCAPI to make a presentation at a future Council meeting. Question being taken, the motion was carried. 11.7 Lettre de soutien a ('ICPSA (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le conseil ecrive une lettre appuyant I'lnitiative contre la pauvrete du secteur des affaires (ICPSA) dans ses efforts pour que la Early Childhood Development Coalition instaure un programme /centre de developpement des jeunes enfants a I'ecole St. John the Baptist -King Edward . A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le conseil invite Ies responsables de ('ICPSA a faire une presentation lors d'une prochaine seance du conseil. A ('issue du vote, la proposition est adoptee. 11.8 Back Packs in Council Chambers (Councillor Mott) On motion of Councillor Mott Seconded by Councillor McGuire RESOLVED that people attending regular Council meetings should not be allowed to take back packs into the Council Chambers. Question being taken, the motion was defeated with Deputy Mayor Chase, Councillors Killen, Sullivan, Titus, Higgins and Court voting nay. 11.8 Sacs a dos dans la salle du conseil (conseiller Mott) Proposition du conseiller Mott Appuyee par le conseiller McGuire RESOLU que Ies personnes assistant aux seances ordinaires du conseil ne puissent apporter leurs sacs a dos dans la salle du conseil. A ('issue du vote, la proposition est rejetee. Le maire suppleant Chase ainsi que Ies conseillers Killen, Sullivan, Titus, Higgins et Court votent contre la Referring to a submitted report, Bob McVicar, chair of the Heritage Review Board, gave a presentation to Council. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Heritage Development Board's request for an additional $200,000 in funding from the Capital Budget for the Grants for Heritage Building Conservation Program in order to continue to implement the revised program as recommended by the Heritage By law Review Committee and as directed by Common Council be referred to the City Manager and that he return to Council with a report. Question being taken, the motion was carried with Councillor Court voting nay. 13.2 Statut de la mise en oeuvre des recommandations formulees par le Comite de revision des arretes municipaux concernant le patrimoine Se reportant a un rapport depose anterieurement, Bob McVicar, president du Comite de revision des arretes municipaux concernant le patrimoine, donne une presentation devant le conseil. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la demande du Conseil d'amenagement du patrimoine, visant a obtenir un financement additionnel de 200 000 $ provenant du budget d'immobilisations dans le cadre des subventions pour le programme de conservation du patrimoine afin de poursuivre la mise en oeuvre du programme revise, sur recommandation du Comite de revision des arretes municipaux concernant le patrimoine et suite aux directives du conseil communal, soit transmise au directeur general afin que ce dernier presente un rapport au conseil a cet effet. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. 13.3 Nominating Committee Appointments On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that following appointments be made: Saint John Parking Commission - That Lionel Bordage and Councillor Killen be appointed to the Saint John Parking Commission for a three year term ending August 18th, 2011. Saint John Transit Commission - to appoint Deputy Mayor Chase and Councillor Titus beginning September 2, 2008 ending September 2nd, 2011. Jeux Canada Games Foundation — to appoint Bill Thompson for a 3 year term ending August 18, 2011. Trade and Convention Centre Oversight Committee — to appoint Councillor Sullivan, Ralph Holyoke, Peter Gaulton, and Greg Yeomans to a 3 year term ending August 11, 2011. Greater Saint John Regional Facilities Commission — to appoint Mayor Court and Councillor Sullivan, and Councillor Higgins as an alternate for 3 year terms ending August 18, 2011. Question being taken, the motion was carried. Appuyee par le conseiller McGuire RESOLU que les nominations suivantes soient approuvees Commission sur le stationnement de Saint John : La nomination de Lionel Bordage et du conseiller Killen pour remplir un mandat de trois ans se terminant le 18 aout 2011. Commission des transports de Saint John : La nomination du maire suppleant Chase et du conseiller Titus pour remplir un mandat de trois ans commengant le 2 septembre 2008 et se terminant le 2 septembre 2011. Saint John Jeux Canada Games Foundation : La nomination de Bill Thompson pour remplir un mandat de trois ans se terminant le 18 aout 2011. Comite de surveillance du centre des congres : La nomination du conseiller Sullivan, de Ralph Holyoke, de Peter Gaulton et de Greg Yeomans pour remplir un mandat de trois ans se terminant le 11 aout 2011. Commission des installations regionales du Grand Saint John : La nomination du maire Court, du conseiller Sullivan et du conseiller Higgins, a titre de remplagant, pour remplir un mandat de trois ans se terminant le 18 aout 2011. A Tissue du vote, la proposition est adoptee. 12.2 Grants for Low Income Housing On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: 1. Grants in the amount of municipal fees, be granted to registered non profit organizations for the express purpose of providing subsidized or low income housing; and 2. Such grants be restricted to a maximum of $5000. per development; and 3. Grants to be pro -rated in accordance with subsidized housing, market rents not eligible; and 4. Grant program to terminate April 30, 2001; and 5. Grant program be retroactive to May 1, 2008; and 6. Grant program to be limited in total to $50,000. in any given fiscal year; and 7. Legal Department be directed to prepare the necessary agreement in order to protect the City's objectives and interests. Question being taken, the motion was carried. 12.2 Subventions pour les logements a loyer modere Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, les resolutions suivantes soient adoptees : 1. que des subventions au montant des droits municipaux soient accordees aux organismes sans but lucratif enregistres dans le but precis d'offrir des logements a loyer modere ou subventionnes; 4. que le programme de subventions se termine le 30 avril 2001; 5. que le programme de subventions soit retroactif au 1er mai 2008; 6. que le montant total du programme de subventions se limite a la somme de 50 000 $ pour un exercice donne; 7. que le service juridique soit charge de rediger la convention necessaire pour proteger les objectifs et interets de la Ville. A I'issue du vote, la proposition est adoptee. 12.1 Capital Financing On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that occasion having arisen in the public interest for the Public Civic Works and needed Civic Improvements and that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $10,500,000. Question being taken, the motion was carried. 12.1 Financement des immobilisations Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, compte tenu de la necessite, dans I'interet public, de proceder a I'execution de travaux publics et d'apporter certaines ameliorations municipales, des obligations soient emises en vertu des dispositions de la Loi 52 de I'Assembl6e, Victoria, chapitre 27, article 29, et des modifications afferentes, pour la somme de 10 500 000 $. A I'issue du vote, la proposition est adoptee. 5. Consent Agenda 5.1 That the letter from St. Joseph's Hospital Foundation requesting to present be referred to the Clerk to schedule. 5.2 That the letter from Troy Northrup regarding Long Wharf be received for information. 5.3 That the letter from Key Industries requesting to present be referred to the Clerk to schedule. 5.4 That the letter from Saint John Waterfront Development requesting to present be referred to the Clerk to schedule. 5.5 That as recommended by the City Manager, Common Council authorize the submitted Purchase and Sale Agreement with respect to 101 Union Street, PID Number 37382, and that the Mayor and Common Clerk be authorized to execute the necessary documentation. 5.6 That the letter from Independence Plus Incorporated requesting to present be referred to the Clerk to schedule. 5.7 That the letter from Bertha Wood -Holt regarding the preservation of the Court House Building be received for information. 5.8 That the letter from Multicultural Association of Saint John Inc. requesting 5.10 That the report from Uptown Saint John regarding the sale of the Lantic Sugar Site be received for information. 5.11 That as recommended by the City Manager Common Council approve the revisions to the 2008 Water & Sewerage Utility Fund Program as outlined in the submitted report. 5.12 That as recommended by the City Manager, Contract 2008 -15: Stewart Street (Manchester Avenue to Porter Street) Street Reconstruction and Union Street (at Carmarthen Street Intersection) Intersection Improvements be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $425,798.69 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.13 That as recommended by the City Manager, the proposal of Godfrey Associates Limited for engineering services for the Rothesay Avenue and Simpson Drive Wastewater Pumping Station - Mechanical and Electrical Upgrade Study be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.14 That as recommended by the City Manager, Contract 2008 -29: Manawagonish Road — Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction From Westgate Drive to Gault Road (Municipal Designated Highways Grant Program) be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,880,184.40 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.15 That as recommended by the City Manager, the report with an update on Fluoridation of Drinking Water be received for information. 5.16 That as recommended by the City Manager, Common Council approve an establishment change for the addition of one full time Web Specialist. 5.17 That as recommended by the City Manager, Common Council grant Residential Infrastructure Assistance for #51 Maber Somerville Joint Venture Limited development for 18 lots for dwelling units in Fieldstone Estates Phase 2 with an estimate expenditure of $108,000. 5.18 That as recommended by the City Manager, Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Scott Winters (1198 Loch Lomond Road), and the Hardman Group Limited (1 Market Square) for Monday, September 15, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.19 That as recommended by the City Manager: 1. The City accept the offer from Allison Lillies, to purchase the freehold interest in lands designated by PID Number 00367276 for the sum of $7,500.00 upon the terms and conditions set forth in the Offer to Purchase made by Allison Lillies, a copy of which is submitted hereto; and 2. The Mayor and Common Clerk be authorized to execute all documents required to complete this sale of land. 5.20 That as recommended by the City Manager, the report regarding employee #4172 retiring on the order of Council as per Section 12(1)(d) of The City of Saint John Pension Act provided that the City of Saint John receives written confirmation that it is the wish of employee #4172 to retire under the Heart and Lung Act effective August 29, 2008, be referred to the City Solicitor. 5.21 See 14.1 Reversing Falls Tourist Bureau be awarded to the low bidder Design Electric Inc 5.23 That as recommended by the City Manager, the agreement between New Line Skateparks Inc. and The City of Saint John be amended in order to include Van der Zalm & Associates Inc. as a party to the agreement and that the Mayor and Common Clerk be authorized to sign the necessary documents on behalf of The City of Saint John. 5.24 That the letter from South End Days inviting Council to take part in the event be received for information. On motion of Councillor Killen Seconded by Councillor Mott RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of 5.21, which has been identified for debate, and 5.20, which has been referred to the City Solicitor, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de demande soumise par la fondation de I'hopital St. Joseph's, visant a faire une presentation devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.2 Que la lettre de Troy Northrup concernant Long Wharf soit acceptee a titre informatif. 5.3 Que la lettre de demande soumise par Key Industries, visant a faire une presentation devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.4 Que la lettre de demande soumise par Partenariat d'amenagement du secteur riverain de Saint John, visant a faire une presentation devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.5 Que, comme le recommande le directeur general, le conseil communal approuve la convention d'achat -vente presentee qui vise la propriete situee au 101, rue Union, inscrite sous le N I D 37382, et que le maire et la greffiere communale soient autorises a signer la documentation requise. 5.6 Que la lettre de demande soumise par Independence Plus Incorporated, visant a faire une presentation devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.7 Que la lettre de Bertha Wood -Holt concernant la preservation du Palais de justice soit acceptee a titre informatif. 5.8 Que la lettre de demande de financement de la Multicultural Association of Saint John Inc. (Association multiculturelle de Saint John) pour son initiative soit transmise au directeur general. 5.9 Que la lettre de Neil McKelvey concernant la vente de ('emplacement de Sucre Lantic soit acceptee a titre informatif. 5.10 Que le rapport de Uptown Saint John concernant la vente de ('emplacement de Sucre Lantic soit accepte a titre informatif. 5.11 Que, comme le recommande le directeur general, le conseil communal approuve Ies modifications du programme d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts pour 2008, tel que le souligne le rapport presente. 5.12 Que, comme le recommande le directeur general, le contrat no 2008 -15, relatif a la refection de la rue Stewart (de I'avenue Manchester a la rue Porter) et aux travaux d'amelioration a ('intersection de la rue Union et de la rue Carmarthen, soit accorde au cni imiccinnnaira la mninc- rlicant Fairvilla (.nnctn irtinn I tri Ai i nriY nffmrt Him de I'equipement mecanique et electrique — poste de pompage des eaux usees de I'avenue Rothesay et de la promenade Simpson, soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.14 Que, comme le recommande le directeur general, le contrat no 2008 -29, relatif aux travaux de refection, de ('installation de la conduite d'eau principale et des egouts sanitaires et pluviaux du chemin Manawagonish, de la promenade Westgate au chemin Gault (dans le cadre du Programme de subventions pour la refection de routes municipales designees), soit accorde au soumissionnaire le moins - disant, Fairville Construction Ltd., au prix offert de 1 880 184,40 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer la documentation contractuelle exigee. 5.15 Que, comme le recommande le directeur general, le rapport qui fait le point sur la fluoration de I'eau potable soit accepte a titre informatif. 5.16 Que, comme le recommande le directeur general, le conseil communal approuve la modification apportee a 1'effectif, soit I'ajout d'un specialiste du Web a temps plein. 5.17 Que, comme le recommande le directeur general, le conseil communal approuve la demande de projet d'amenagement de Maber & Somerville Joint Venture Ltd. (n° 51), visant 18 lots pour des Iogements situes dans le Iotissement Fieldstone Estates (phase 2), dans le cadre du programme d'aide a l'infrastructure residentielle, dont Ies depenses prevues s'elevent a 108 000 $. 5.18 Que, comme le recommande le directeur general, le conseil communal fixe la date d'audiences publiques au Iundi 15 septembre 2008, a 19 h, dans la salle du conseil, relativement aux demandes de rezonage et de modification des conditions imposees par I'article 39 deposees par Scott Winters (1198, chemin Loch Lomond) et Hardman Group Limited (1, place Market), et que Ies demandes soient soumises au Comite consultatif d'urbanisme aux fins de la presentation d'un rapport et de recommandations. 5.19 Que, comme le recommande le directeur general 1. la Ville accepte I'offre presentee par Allison Lillies visant I'acquisition de l'interet franc sur le bien -fonds inscrit sous le NID 00367276 pour la somme de 7 500 $, selon Ies conditions enoncees dans I'offre d'achat faite par Allison Lillies, dont une copie est ci- jointe; 2. le maire et la greffiere communale soient autorises a signer tous Ies documents necessaires pour conclure cette vente de bien- fonds. 5.20 Que, comme le recommande le directeur general, le rapport concernant 1'employe no 4172 qui a ete mis a la retraite sur I'ordre du conseil, conformement a I'alinea 12(1)d) de la Loi sur le regime de retraite de la Ville de Saint John, pourvu que The City of Saint John regoive une confirmation ecrite que cet employe souhaite prendre sa retraite en vertu de la Heart and Lung Act [loi sur le cceur et Ies poumons], a compter du 29 aout 2008, soit transmis a I'avocat municipal. 5.21 Voir le point 14.1. 5.22 Que, comme le recommande le directeur general, le contrat relatif a la fourniture et a ('installation de services electriques modernises au centre de renseignements touristiques des Chutes reversibles soit accorde au soumissionnaire le moins - disant, Design Electric Inc., au montant de 53 400 $, taxes en sus. 5.23 Que, comme le recommande le directeur general, la convention conclue entre New Line Skateparks Inc. et The City of Saint John soit modifiee afin d'y inclure le nom de Van der Zalm & Associates Inc., a titre de partie de la convention, et que le maire et la greffiere communale soient autorises a signer Ies documents necessaires au nom de The City of Saint John. Appuyee par le conseiller Mott RESOLU que la ou les recommandations formulees pour chacune des questions soumises a I'approbation du conseil, a 1'exclusion du point 5.21, qui a ete selectionne aux fins de discussion, et du point 5.20, qui a ete soumis a I'avocat municipal, soient adoptees. A I'issue du vote, la proposition est adoptee. 12.3 Request for Additional Funds for the Heritage Grant Program On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the request from for an additional $200,000. from the 2008 Capital Budget for the Grants for Heritage Conservation Program be referred to the City Manager. Question being taken, the motion was carried. 12.3 Demande de fonds supplementaires pour les subventions du Programme de conservation du patrimoine Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la demande du Conseil d'amenagement du patrimoine, visant a obtenir des fonds additionnels de I'ordre de 200 000 $ provenant du budget d'immobilisations de 2008 dans le cadre des subventions pour le programme de conservation du patrimoine, soit transmise au directeur general. A I'issue du vote, la proposition est adoptee. 12.4 Upper Floors Program On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that Council approve the proposed Upper Floors Program and authorize the ad -hoc committee to seek expressions of interest from property owners who wish to access funds to assist them in finding and demonstrating creative alternative solutions to National Building Code requirements which conserve the heritage character defining elements of their building in a manner consistent with the national Standards & Guidelines for the Conservation of Historic Places In Canada as a means of developing underutilized spaces in older buildings in Saint John. Question being taken, the motion was carried. 12.4 Programme de restauration des etages superieurs Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le conseil approuve le Programme de restauration des etages superieurs propose et autorise le comite special a rechercher les proprietaires interesses a acceder aux fonds pour les cider a trouver et a demontrer des solutions de rechange creatives par rapport aux exigences du Code national du batiment qui conserve le caractere patrimonial definissant les elements de leurs batiments, conformement aux normes et aux lignes directrices nationales pour la conservation des lieux patrimoniaux au Canada, comme moyen d'amenager les espaces sous - utilises dans les vieux batiments de Saint John. A I'issue du vote, la proposition est adoptee. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that: 1. Common Council of The City of Saint John list the following properties on the City of Saint John Local Register of Historic Places: 178 -180 BRITAIN STREET; 129 BROAD STREET; 84 BURPEE STREET; 110 CARMARTHEN STREET; 133 CARMARTHEN STREET; 146 -148 CARMARTHEN STREET; 161 CARMARTHEN STREET; 5 CHIPMAN HILL; 9 CHIPMAN HILL; 40 COBURG STREET; 75 - 77 COBURG STREET; 120 COBURG STREET; 2 -4 DOUGLAS AVENUE; 133 DUKE STREET; 137 DUKE STREET; 142 DUKE STREET; 144 DUKE STREET; 175 DUKE STREET; 212 -214 DUKE STREET; 227 DUKE STREET; 6 DUNCRAGGAN; 8 DUNCRAGGAN; 12 DUNCRAGGAN; 6 -8 GERMAIN STREET; 11 GOODERICH STREET; 19 GOODERICH STREET; 25 GOODERICH STREET; 27 GOODERICH STREET; 90 -92 LEINSTER STREET; 91 LEINSTER STREET; 96 LEINSTER STREET; 101 LEINSTER STREET; 104 LEINSTER STREET; 107 LEINSTER STREET; 112 LEINSTER STREET; 129 LEINSTER STREET; 135 LEINSTER STREET; 155 -157 LEINSTER STREET; 12 MECKLENBURG STREET; 14 MECKLENBURG STREET; 28 MECKLENBURG STREET; 29 MECKLENBURG STREET; 53 MECKLENBURG STREET; 59 MECKLENBURG STREET; 77 MECKLENBURG STREET; 140 MECKLENBURG STREET; 55 MOUNT PLEASANT; 109 MOUNT PLEASANT; 125 MOUNT PLEASANT; 166 MOUNT PLEASANT; 92 ORANGE STREET; 60 PITT STREET; 134 -136 PITT STREET; 204 PITT STREET; 3 LAMPS; 286 -290 PRINCE WILLIAM STREET; 138 PRINCESS STREET; 156 PRINCESS STREET; 224 PRINCESS STREET; 231 PRINCESS STREET; 252 -254 PRINCESS STREET; 259 PRINCESS STREET; 268 PRINCESS STREET; 277 PRINCESS STREET; 279 PRINCESS STREET; 125 -127 QUEEN STREET; 159 -161 QUEEN STREET; 160 QUEEN STREET; 235 QUEEN STREET; 70 -72 SUMMER STREET; 38 -40 SYDNEY STREET; 80 SYDNEY STREET; 137 SYDNEY STREET; 139 SYDNEY STREET; 182 -188 SYDNEY STREET; 120 UNION STREET; 91 WATERLOO STREET; 146 WATERLOO STREET; 157 WATERLOO STREET; 168 WATERLOO STREET; 95 WENTWORTH STREET; 99 WENTWORTH STREET; 105 WENTWORTH; 198 WENTWORTH STREET and 105 WRIGHT STREET. 2. Council of The City of Saint John nominate the listed properties in the City of Saint John Register of Local Historic Places to the New Brunswick and Canadian Registry. Question being taken, the motion was carried. 12.5 Initiative des endroits historiques relative aux proprietes recommandees aux fins d'inscription au Repertoire canadien des lieux patrimoniaux (huitieme presentation) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que : 1. le conseil communal de The City of Saint John inscrive les proprietes suivantes dans le Repertoire des lieux patrimoniaux locaux de The City of Saint John : 178 -180, RUE BRITAIN; 129, RUE BROAD; 84, RUE BURPEE; 110, RUE CARMARTHEN; 133, RUE CARMARTHEN; 146 -148, RUE CARMARTHEN; 161, RUE CARMARTHEN; 5, COTE CHIPMAN; 9, COTE CHIPMAN; 40, RUE COBURG; 75 -77, RUE COBURG; 120, RUE COBURG; 2 -4, AVENUE DOUGLAS; 133, RUE DUKE; 137, RUE DUKE; 142, RUE DUKE; 144, RUE DUKE; 175, RUE DUKE; 212 -214, RUE DUKE; 227, RUE DUKE; 6, COUR DUNCRAGGAN; 8, COUR DUNCRAGGAN; 12, COUR DUNCRAGGAN; 6 -8, RUE GERMAIN; 11, RUE GOODERICH; 19, RUE GOODERICH; 25, RUE GOODERICH; 27, RUE GOODERICH; 90 -92, RUE LEINSTER; 77, RUE MECKLENBURG; 140, RUE MECKLENBURG; 55, AVENUE MOUNT PLEASANT; 109, AVENUE MOUNT PLEASANT; 125, AVENUE MOUNT PLEASANT; 166, AVENUE MOUNT PLEASANT; 92, RUE ORANGE; 60, RUE PITT; 134 -136, RUE PITT; 204, RUE PITT; 3 REVERBERES; 286 -290, RUE PRINCE WILLIAM; 138, RUE PRINCESS; 156, RUE PRINCESS; 224, RUE PRINCESS; 231, RUE PRINCESS; 252 -254, RUE PRINCESS; 259, RUE PRINCESS; 268, RUE PRINCESS; 277, RUE PRINCESS; 279, RUE PRINCESS; 125 -127, RUE QUEEN; 159 -161, RUE QUEEN; 160, RUE QUEEN; 235, RUE QUEEN; 70 -72, RUE SUMMER; 38 -40, RUE SYDNEY; 80, RUE SYDNEY; 137, RUE SYDNEY; 139, RUE SYDNEY; 182 -188, RUE SYDNEY; 120, RUE UNION; 91, RUE WATERLOO; 146, RUE WATERLOO; 157, RUE WATERLOO; 168, RUE WATERLOO; 95, RUE WENTWORTH; 99, RUE WENTWORTH; 105, RUE WENTWORTH; 198, RUE WENTWORTH; 105, RUE WRIGHT. 2. le conseil de The City of Saint John propose les proprietes figurant dans le Repertoire des lieux patrimoniaux locaux de The City of Saint John afin qu'elles paraissent dans les Repertoires du Canada et du Nouveau - Brunswick. A I'issue du vote, la proposition est adoptee. 12.6 The Greater Saint John Community Foundation Presents: "Drinking Water: Challenges Today and Tomorrow" On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council support the contribution from Saint John Water, and receive this report for information. Question being taken, the motion was carried with Councillor Higgins voting nay. 12.6 La fondation communautaire du Grand Saint John presente « Drinking Water: Challenges Today and Tomorrow)) [eau potable : un defi pour aujourd'hui et pour demain] Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal appuie la contribution de Saint John Water et accepte le present rapport a titre informatif. A I'issue du vote, la proposition est adoptee. Le conseiller Higgins vote contre la proposition. 13. Committee Reports 13.1 Southern Peninsula Alternate Side Parking On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report from the saint John Parking Commission regarding alternate parking in the southern peninsula be received for information. Question being taken, the motion was carried with Councillor Mott voting nay. 13. Rapports deposes par les comites 13.1 Stationnement en alternance a I'echelle du quartier Southern Peninsula Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport de la Commission sur le stationnement de Saint John, concernant le stationnement en alternance a I'echelle du quartier Southern Peninsula, soit accepte a titre informatif. On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that item 5.21, the report from the City Manager regarding the City Market Cleaning Services, be tabled until the next Council meeting. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Services de nettoyage du marche municipal Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que le point 5.21, a savoir le rapport du directeur general concernant les services de nettoyage du marche municipal, soit reporte a la prochaine seance du conseil. A Tissue du vote, la proposition est adoptee. 15. General Correspondence 15.1 Strategic Review of Canada Post On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Dawn Robichaud recommending a resolution regarding a Strategic Review of Canada Post be received for information. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council send a letter or submission to the Canada Post Corporation Strategic review opposing deregulations of Canada Post and insisting that the government hold public hearing and properly consult with the true owners of Canada Post — the public. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Examen strategique de Postes Canada Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre de Dawn Robichaud, recommandant I'adoption d'une resolution concernant un examen strategique de Postes Canada, soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil envoie une lettre ou un memoire aux personnes chargees de proceder a 1'examen strategique de la Societe canadienne des postes qui s'oppose a la dereglementation de Postes Canada et qui insiste sur le fait que le gouvernement devra tenir des audiences publiques et consulter adequatement Ies vrais proprietaires de Postes Canada, c'est -a -dire le public. A Tissue du vote, la proposition est adoptee. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Council meeting of August 18, 2008 adjourned at 11:09 p.m. Question being taken, the motion was carried. 16. Levee de la seance Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la seance du conseil du 18 aout 2008 soit levee a 23 h 9. A Tissue du vote, la proposition est adoptee. Mayor /maire Common Clerk /greffiere communale W cri SENIORS' INFORMATION and RESOURCE CENTRE BRUNSWICK SQUARE, LEVEL 111, 39 KING STREET, SAINT JOHN, NB. Phone 506.633 -8781 Fax 506.693 -6052 email seuiorsresoui- eecentergub.aibn.com August 18, 2008 Mayor Ivan Court City of Saint John, NB P.O. Box 1971 Saint John, NB E2L 5AI Dear Mayor and Council: The Seniors' Information and Resource Centre would like to thank you and Council for their very generous and continued support. We are constantly working within a limited budget and our funding sources are always and forever concerned with the need of the Resource Centre, and the thousands of Seniors looking for the service we provide, including Income Tax preparation. You are to be congratulated on your decision to assist the Seniors' Information and Resource Centre, and are encouraged to visit the Centre and allow us to satisfy or answer all your questions. Thank you again for your very generous donation. Please convey our appreciation to your members and suggest that they spread the word regarding our on going need for new members. Sincerely, ka,14- Dr. EIsie Wayne/ Treasurer Honorary Lt. Col ---------- Don ha' /President August 15, 2008 Amalgamated Transit Union His Worship Mayor Ivan Court And members of Common Council City of Saint John P.O. Box 1971 Saint John, N13 E2L 4LI Dear Mayor Court and Members of Common Council, Local No. 1182 <2E]> - As President of the Amalgamated Transit Union, I would like to take this opportunity to invite the members of the Saint John Common Council to our location at 951 Fairville Boulevard. I have discussed this with the General Manager, Mr. Frank McCarey and he is in full agreement that such a visit would be an excellent opportunity for the councilors to meet the Saint John Transit employees and gain knowledge about Transit's Operation. Please feel free to contact Ms. Susan Wheaton to make arrangements. Respectfully Mr. To'n�yFreake, President Amalgamated Transit Union Local 1182 36 M & C —2008-259 August 29, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Emera Pipeline Cathodic Protection Easement BACKGROUND: Emera Brunswick Pipeline Company Ltd. (EBPC) recently approached the City regarding their need for a Cathodic Protection Easement. Cathodic protection fields are used to protect pipelines from corrosion. The parcel of land impacted by the desired .1775 ha +/- (.4386 acres + / -) easement is PID 55189609, located adjacent to the intersection of the Proud Road and the LNG Access Road. Compensation offered for the easement is $1973.70. Emera based the offer on a per acre value of $4,500.00. This valuation is considered to be significantly above fair market value. There is also $500 compensation offered for inconvenience /negotiating time and the option signing. The total negotiated settlement is $2,473.70. Emera offers two options for payment; Lump Sum which results in three instalments at various stages of the easement taking or Periodic Payment, which is 10 equal payments over a ten year term. The 10 equal yearly payments result in a Net Present Value which is less than the Lump Sum Option. The City has favoured the Lump Sum Option in all easement previous grantings to Emera. RECOMMENDATION: 1. That The City of Saint John enter into the "Option for Easement for Cathodic Protection System" agreement and subsequently, the Easement for Cathodic Protection agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions attached to this report (M &C 42008 -259) for property having PID number 55189609. 37 Report to Common Council August 29, 2008 Page 2 2. That the Mayor and Common Cleric be authorized to execute the Option for Easement for Cathodic Protection System agreement and initial the `Lump Sum Payment Option'. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 0 BRUNSWIC .PIPELINE Owner City Of Saint John 55189609 SaintJohn''Urtiari. CONSIDERATION SUMMARY SHEET (Pre- Construction) EASEMENT ACQUISITION AREA Developed Lands 0.4386 per, acre s >n$4'5fl03d0: $1,973.70 TOTAL EASEMENT CONSIDERATION .............. ... ............ :.............................. Temporary Work Room: Acreage X S value X CSB x 2 years = TWR acres o�:r.;.i±' .;, <tn�t $4,500.00 o.oz7s 2 $1,973.70 $0.00 BUSINESS DISTURBANCE DAMAGES Total Forest Value $0.00 PARTIAL TOTAL $11,973.70 FIRSTFt{41!Ivl�f��� �ss�i;i'j;:i,.. a .,<�`:;:� '`, %',''iii' >�si�f;a7s•.�.' N latinq Timellnconvenience $250.00 O tion SI nin Fee $250.00 16% of Easement Consideration $197.37 TOTAL First Payment non - refundable $697.37 SECb.NCt`.�4��,.� �T�'��itt5z!e offej��isfmg_ th���Q'Pt!gni,?i1ik;:�rr. "r;! 50% of Easement Consideration $986.85 TWR Gonsideration $0.00 Damages $0.00 TOTAL Second Payment 5988 85 40% of Easement Consideration $789.48 TnTei wFGDTIATED SETTLEMENT — — ._ $2,473.70 NOTE: Other disturbance and damages payment may be paid if and when they occur or after construction. These will be negotiated between the owner and the Right- of- Way_Agent.___ 7A& Ci-/ y a f .Ste: n i q%v! Witness Approved: l� rni770vt LOGGvrCL 39 /V!`GC l�Or - OWRer- co," rron rl evjQ Date t 11 File No. 616 PID 55189609 OPTION FOR EASEMENT FOR CATHODIC PROTECTION SYSTEM THIS AGREEMENT made the day of , 2008 BETWEEN: City of Saint John, a body corporate by Royal Charter, In the County of Saint John and Province of New Brunswick (the "Grantor ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. (the "Grantee ") OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of lands situate in the Province of New Brunswick more particularly described in Schedule "A" attached hereto, and hereinafter known as the Lands of the Grantor. B. The Grantee is in the business of natural gas pipeline construction, operation, transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") throughthe' province of New Brunswick. — — M IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: GRANT OF RIGHTS AND PURCHASE PRICE In consideration of the sum of Two Hundred and Fifty Dollars ($250.00) (the "Option Fee ") of lawful money of Canada now paid by the Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged by the Grantor, the Grantor hereby grants to the Grantee for itself, its successors. and assigns, an irrevocable option to purchase an easement and rights in perpetuity to use that portion of the Lands of the Grantor described in Schedule "B" attached hereto (the "Easement Lands ") as may be necessary for an easement on, over, under and through the Easement Lands for the purpose of entering, excavation, laying down, construction, installing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing and repairing such apparatus as the Grantee may require for the cathodic protection of any pipeline or pipelines of the Grantee, Including the right to erect, install, bury, construct, lay down, maintain, inspect, alter, replace, reconstruct, repair, renew, remove, keep, use and operate one cathodic protection system including one or more ground beds, buried or overhead cables, poles and one or move rectifiers, hereinafter "the System', and to have the right of ingress and egress at any and all times over, along, across and upon the Easement Lands and generally to do all acts necessary and incidental to the business of the Grantee in connection with the foregoing. 2. (a) The consideration to be paid for the easement shall be approximately One Thousand Nine Hundred Seventy Three 70 1100 ($1973.70) of lawful money of Canada, subject to adjustment, at the rate of Four Thousand Five Hundred 00 1100 ($4,500.00) per acre or Eleven Thousand One Hundred Fifteen 00 /100 ($11,115.00) per hectare of the Easement Lands, that area of which shall be calculated based on a plan of survey prepared by a qualified land surveyor at the Grantee's expense (the "Plan of Survey"). The final adjustment will be made on the Closing Date (as herein defined) in accordance with the area set out in the Plan of Survey and the adjusted purchase price for the easement (the "Purchase Price ") ._.shall be set out in the Easement For- Cathodic Protection - - - Agreement (hereinafter, "the Easement Agreement'). 41 (b) At the time of entering into this Option for Easement For Cathodic Protection System, the Grantor shall have the option to choose whether compensation for the easement will be by one lump sum payment or by annual or periodic payments of equal or different amounts over a period of time. Paragraph 2(c) sets out the consideration under the lump sum payment, and Paragraph 2(d) sets out the consideration under the annual or periodic payments. At the time of execution of this Agreement, the Grantor should place their initials by either Paragraph 2(c) or 2(d) to indicate their choice. LUMP SUM PAYMENT OPTION (Initial if this option chosen) (c) In the event the Grantor shall have chosen that the Purchase Price be paid by a lump sum payment, the Purchase Price shall be paid by cash, certified cheque or bank draft of the lawful money of Canada as follows: (i) One Hundred Ninety Seven 37 /100 ($197.37) now paid to the Grantor as the Initial Deposit which is a non - refundable deposit on account of the Purchase Price, the receipt of which is hereby acknowledged by the Grantor; (ii) a further deposit of Nine Hundred Eighty Six 851100 ($886.85) paid to the Grantor on account of the Purchase Price by the Grantee upon delivery of the notice referred to in Paragraph 6 of this Agreement (Notice of Exercise of Option); and (iii) -the balance of the Purchase Price shall be paid by the Grantee to the Grantor within thirty (30) days from the date of the recording at the Registrar of Deeds of a registrable, valid and fully executed Easement Agreement. :A PERIODIC PAYMENT OPTION (Initial if this option chosen) (d) In the event the Grantor shall have chosen that the Purchase Price be paid by annual or periodic payments, the Purchase Price shall be paid by cash, certified cheque or bank draft of lawful money of Canada as follows: (i) Two Hundred Fifty One 65 /100 Dollars ($251.65) now paid to the Grantor as the First Payment which is a non - refundable deposit on account of the Purchase Price, the receipt of which is hereby acknowledged by the Grantor; (ii) the balance of the Purchase Price shall be paid by the Grantee to the Grantor by annual payments of Two Hundred Fifty One 65 /100 Dollars ($251.65) per year for a period of nine (9) years, the remaining payments commencing thirty (30) days from the date of the recording at the Registrar of Deeds of a registrable, valid and fully executed, Easement Agreement free, and continuing yearly on the anniversary of such date. (iii) the amount of compensation payable under this Paragraph [2(d)] shall be subject to review every five years at the option of either party to this Agreement by notice in writing to the other party. MUTUAL AGREEMENT BETWEEN THE PARTIES 3. The Grantor authorizes the Grantee to have a qualified New Brunswick Land Surveyor prepare and register a Plan of Survey of the Easement Lands at the Grantee's expense. The Grantor and Grantee agree the legal description as prepared by the land surveyor shall be deemed conclusively to constitute the full, true and accurate description of the Easement Lands and such legal description shall be used in the Easement Agreement. 43 4. The Grantor agrees that the Grantee's surveyors, engineers, consultants and servants may enter on the Lands of the Grantor forthwith and at any time while this Agreement remains in effect for the purpose of performing soil tests, surveys, environmental and archaeological investigations. The Grantor further agrees that immediately following the giving by the Grantee of the notice referred to in Paragraph 6 hereof (Notice of Exercise of Option), that the Grantee shall have the immediate right in accordance with the terms of the Easement Agreement to enter and bring its equipment and equipment of its servants, agents and contractors upon the Easement Lands to construct and operate the System. It is understood and agreed that the Grantee shall pay compensation unto the Grantor for all damages suffered as a result of the operations of the Grantee and it being agreed that the amount of any compensation for damages payable herein shall be mutually agreed upon between the Grantor and Grantee but failing such agreement shall be settled by negotiation and/or arbitration proceedings pursuant to the National Enerrry BoaKl At, R.S.C., 1885, c.N -7. 5. The option contained in this Agreement shall be exercisable by the Grantee on or before 11:59 p.m. Atlantic Standard Time on the 3151 day of December, 2008 (the "Expiry Date "), subject to the Grantee obtaining all applicable regulatory approvals, or such later date as shall be agreed to in writing between the Grantor and Grantee (the "Extended Expiry Date "). 6. (a) This option may be exercised by the Grantee by letter known as the "Notice of Exercise of Option ", addressed to the Grantor or Grantors at the address as indicated on the front page of this document or such other address as the Grantor may designate in writing to the Grantee. The Notice of Exercise of Option may be delivered to the Grantor by hand or forwarded by registered mail or delivered by courier at any time before, but not after the Expiry Date, or Extended Expiry Date, if applicable; (b) The option will be deemed exercised on the date (the "Exercise Date ") such notice is personally served on the Grantor (as proven by an executed Affidavit of Service), on the date delivered by a courier company to the Grantor or a person found at the Grantor's address who identifies - themselves as a resident of that address or on a date 5 days from the date the notice was mailed by registered mail to the Grantor's address. .. (c) The Closing date shall be as specified in the letter forwarded by the Grantee as specified in Paragraph 6(a) (the "Closing Date "). 7. The Grantor shall on or before the Closing Date execute and deliver to the Grantee a good and valid Easement Agreement (with price and description amended as required) in the form attached hereto as Schedule "C' for registration at the Office of the Registrar of Deeds for the county where the Lands of the Grantor are situate In order to enable the Grantee to become the registered owner of such easement and the Grantor covenants with the Grantee that the Grantor will execute such further and other assurances and documents of title in respect of the easement as may be reasonably required by the Grantee. REPRESENTATIONS AND WARRANTIES 8. The Grantor covenants, represents and warrants that: (a) To the best of the Grantor's knowledge the Grantor has good and marketable title to the Easement Lands. If prior to the Closing Date, any valid objection to title or to the fact the .proposed use of the Easement Lands by the Grantee may not lawfully be undertaken is made in writing to the Grantor and which the Grantor is unable to remove, remedy or satisfy and which the Grantee will not waive, the Grantee, in its sole discretion, shall have the option whether to (i) declare this Agreement null and void in which event the deposit paid herein pursuant to Paragraph 2(c)(ii) shall be returned to the Grantee by the Grantor without interest and without liability by the Grantee for any expenses incurred or damages sustained by the Grantor; or (ii) to hold back all monies to be paid pursuant to Paragraph 2(c) or (d) and the Grantor shall not _ receive said payment until the Grantor has remedied the objections to the satisfaction of the Grantee and is able to give the easement over the Easement Lands; or 45 (iii) to hold back all monies to be paid pursuant to Paragraph 2(c) or (d) until the Grantee is able to remedy the objections and the Grantor is able to give the easement over the Easement Lands; (b) The Grantor has the right to convey the Easement Lands to the Grantee and that the Grantee shall have quiet possession of the Easement Lands from and after the Closing Date. 9. The Grantee agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of the Grantee and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between the Grantee and such person(s) but failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National Enorgy Board Act, R.S.C., 1985, c.N -7. GENERAL PROVISIONS 10. If the Grantor is not at the date hereof the sole owner of the Lands of the Grantor this option shall nevertheless bind the Grantor to the full extent of the Grantor's interest therein and if the Grantor shall later acquire a greater or the entire interest in the Lands of the Grantor, this option shall likewise bind all such after - acquired property. The Grantor shall be paid a proportion of the purchase price amount based on the proportional interest the Grantor has in the land. 11. The Grantor hereby acknowledges receipt of a notice pursuant to Section 87 of the National Energy Board Act, R.S.C., 1985, c.N- 7, prior to the signing of this Agreement. Grantor's Initial 12. This Agreement, including all covenants and conditions contained, shall extend to, be binding upon and enure to the benefit of the heirs, executors, administrators, successors and assigns of the Grantor and the Grantee respectively; and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, has been used, where the context or the party or parties so require and the rest of the sentence shall be construed as if the grammatical and the terminological changes rendered necessary had been made. 13. The Grantor shall use best efforts to notify the Grantee in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands of the Grantor and shall provide the name and address of the new owner(s). Until such notification, the Grantee shall continue to make all payments hereunder to the Grantor. 14. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision had been omitted. 15. The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatsoever for the better performance of the terms and conditions of this Agreement. 16. Grantor agrees to the registration of this option. 17. Grantee agrees to remit H.S.T..as required. 47 18. Grantee acknowledges that if the Grantor is a HST registrant then the Grantee will include HST with the purchase price and the Grantor will give his /her HST number to the Grantee. The parties have signed this Agreement under seat on the date shown above at Saint John, in the County of Saint John, Province of New Brunswick. Witness Witness Witness THE CITY OF SAINT JOHN Per: G. Ivan Court, Mayor Per: E. Gormley, Common Clerk EMERA BRUNSWICK PIPELINE COMPANY LTD. Per: Grantee I ALL.tW'Oertidn 16t.pieoe.or parcO of'lend identMed,, deaoribed and sltbatn se.."• ltaicelt .`iV ";:gtin8ulrDivL�[on3ga; forr�Amtsa Road." d`kR&r: 1te A. . eq• . ,. ; bY.?) �iertru�tit :of:Trenapart;.a A64,- eid 8�frikJilfi:: :.. Prov�ttoe; oSNePr;Srunewlak ^�Q?�epargd:tryD ?atitiaty,71, 2A74; 8PP? ageby !th::Ildve.IopmentofHoar.gild the Dlreetor Surveys on BiiDxkati "y', if x:19.74 a►id: f"In, he.0.Mft oflhe R*Jstter'b$' Deeds in an8'fot the;.CiSunly':df 6lgl it- John:oh I? narq 1b, i!D +A under,Xitmber 1)7., tessr"Aw unto: the .Grantors. their ttara and Assigns, 'the jight to use hacmaa J tt mwiff i11. oihere ]*WfuUy.entitled to the vse: therabf; upon anti: sublopVto ttlo terrtte:, Riiil bonditioite of d :certain grant' of easedxrit Iran► er illgjesty the. Queen is riglif of'Canada to: the estate of .Tgmim Th aoes's. road.rthfcti Snoludea the,landa�•hereby oonveysd. m 50 I� SCHEDULE "C" File No. 616 NB PID 55189609 EASEMENT FOR CATHODIC PROTECTION SYSTEM (NEW BRUNSWICK) THIS GRANT OF EASEMENT made the day of 12008 BETWEEN: City of Saint John, a body corporate by Royal Charter, in the County of Saint John and Province of New Brunswick (the "Grantor ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. (the "Grantee ") OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of lands situate in the Province of New Brunswick more particularly described in Schedule "A' attached hereto, and hereinafter known as the Lands of the Grantor. 51 B. The Grantee is in the business of natural gas pipeline construction, operation, transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") through the province of New Brunswick. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: PURCHASE PRICE 1. The Grantee shall pay to the Grantor the sum of One Thousand Nine Hundred Seventy Three 701100 dollars ($1,973.70 ) of lawful money of Canada (the "Purchase Price "). The Grantor shall have been given the option to choose whether compensation of the easement will be one lump sum payment (Lump Sum Option) or by annual or periodic payments of equal or different amounts over a period of time (Periodic Payment Option). The Grantor has chosen the Lump Sum Option/ Periodic Payment Option (cross out the option which does not apply). LUMP SUM OPTION: (a) The Purchase Price, less any deposits which may have already, been paid to the Grantor, shall be paid by the Grantee to the Grantor by one lump sum payment within thirty (30) days from the date of the recording at the Office of the Registrar of Deeds for the County in which the Grantor's land is located of this executed Easement Agreement. 52 PERIODIC PAYMENT OPTION: (b)The Purchase Price, less any deposits which may have already been paid to the Grantor, shall be paid by the Grantee by annual payments of Two Hundred Fifty One 651100 Dollars ($251.65) per year for the period of ten (10) years, the first payment commencing on the thirtieth (301h) day following the recording at the Registrarof Deeds of this executed Easement Agreement, and continuing yearly on the anniversary of such date. The amount of compensation payable hereunder shall be subject to review every five years at the option of either party to this Agreement by notice in writing to the other party. GRANT OF RIGHTS TO THE GRANTEE 2. The Grantor does HEREBY GRANT, TRANSFER AND CONVEY to the Grantee, for itself, its successors, assigns, employees, agents, servants and licensees, an easement and rights in perpetuity: a. to use the portion of the Lands of the Grantor described in Schedule "B" attached hereto (the "Easement Lands' as may be necessary for an easement on, over, under and through the Easement Lands for the purpose of entering, excavation, laying down, construction, installing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing and repairing.such apparatus as the Grantee may require for the cathodic protection of any pipeline or pipelines of the Grantee, including the right to erect, install, bury, construct, lay down, maintain, inspect, alter, replace, reconstruct, repair, renew, remove, keep, use and operate one cathodic protection system including one or more ground beds, buried or overhead cables, poles and one or more rectifiers, hereinafter 'the System', and to have the right of ingress and egress at any and all times over, along, across, and upon the Easement Lands and generally to do all acts necessary and Incidental to the business of the Grantee in connection with the foregoing. 53 b. to clear the Easement Lands and keep it cleared of any trees, growth, buildings, structures or obstructions which in the opinion of the Grantee in its sole and absolute discretion, acting reasonably, may interfere with any rights granted to the Grantee as specified herein; and c. to install and maintain legal survey posts to mark the boundaries of the Easement Lands and warning signs to indicate the location of the System. DUTIES OF THE GRANTOR 3. The Grantor covenants and agrees with the Grantee that: (a) In the event that the Grantor should in the future desire to lay or renew field tile in the lands above described and it should be found that any buried apparatus of the Grantee may be interfered with by such work, the Grantor shall not disturb or interfere with the apparatus of the Grantee but shall give to the Grantee reasonable notice in writing requesting the Grantee's buried apparatus be moved and the Grantee shall, at its own expense with all reasonable expedition move such of its buried apparatus as in its opinion may interfere with the tile work which the Grantor desires to perform. In such event the Grantee shall either (a) relocate its buried apparatus within the Easement Lands or (b) relocate its buried apparatus to a mutually acceptable location and the Grantor shall execute and deliver a new Easement Agreement for such relocated buried apparatus. (b) Without the prior written consent of the Grantee the Grantor shall not excavate, drill, install, or erect or permit to be excavated, drilled, installed, or erected, in or upon that part of the easement lands actually used and occupied by the Grantee for any of the purposes hereby granted any pit, well, foundation, pavement, building or other structure or installation. (c) not to make, place, erect, operate, use or maintain any building, structure, foundation, pavement, excavation, well, swimming pool, pile of material, obstruction, detention or retention pond, equipment, or to plant any growth upon, the _ Easement Lands, which in the opinion of the Grantee, may: 54 (i) interfere with or endanger the System or the installation, operation, maintenance, removal, repair or replacement of the System; or (ii) obstruct access by the Grantee's employees, agents, contractors and subcontractors to the System; or (iii) create any hazard by its operation, use and maintenance existence on the easement; DUTIES OF THE GRANTEE 4. The Grantee covenants and agrees with the Grantor: (a) To pay compensation to the Grantor for all damages suffered as a result of the operations of the Grantee; (b) to indemnify the Grantor from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of the Grantor; (c) in respect of cable and apparatus laid underground, to bury same below plough depth and any field the interfered, with during such laying shall be restored as closely as practicable to the same condition in which found; (d) that it shall, as soon as weather and soil conditions permit and where practicable to do so, bury and maintain all Systems and other installations so as not to interfere unreasonably with the drainage or ordinary cultivation of the Lands of the Grantor. 5. The amount of any compensation for damages payable under Paragraph '5 herein shall be mutually agreed upon between the Grantor and Grantee bur failing such agreement shall be settled by arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c.N -7. 55 GENERAL PROVISIONS 6. The Grantor agrees to notify tenant(s) and /or licensees($) of the Easement Area of this Agreement and will take all reasonable steps to ensure that any such tenants(s) and /or licensee(s) shall not interfere with the privileges herein and the Grantor agrees to pay agreement any monies due to the tenants and/or Licensees under this agreement. 7. The Grantee agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of the Grantee and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, .claims, suits and actions resulting from gross negligence or willful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between the Grantee and such person(s) but failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985. C.N -7. 8. In performing and observing the covenants and conditions on its part to be performed and observed, the Grantee shall and may peaceably hold and enjoy the rights, liberties, privilege and easements granted without hindrance, molestation or interruption by the Grantor or any person claiming by, through, under or in trust for the Grantor. 9. If at the date hereof the Grantor is not the sole owner of the Easement Lands, this Agreement shall nevertheless bind the Grantor to the full extent of his or her interest, this Agreement shall likewise extend to such after - acquired interests. 10.This Agreement shall be construed as running with the lands benefit of the heirs, executors, administrators, successors- in-title and assigns of the parties hereof and shall extend to and be binding upon and enure to the benefit of the heirs, executors, administrators, successor -in -title and assigns of the parties. 11. This easement and rights are appurtenant to and for the benefit of the .dominant :tenement, .being the. lands of -the—Grantee- as_ described in the indenture recorded at the Registrar of Deeds for the County of on , 19_ in book at Page as Document Number 56 12. Whenever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, had been used, where the context or the party or parties so require, the rest of the sentence shall be construed as if the grammatical and terminological changes thereby .rendered necessary had been made. 13. All notices to be given pursuant to this Agreement shall be sent to the addresses, shown on the first page of this agreement, or such other address as the parties may respectively from time to time designate in writing. 14. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision had been omitted. 15. The Grantor hereby acknowledges receipt of a notice pursuant to Section 87 of the National Enemy Board Act, R.S.C., 1985, c.N- 7, prior to the signing of this Agreement. 16. Grantor agrees to the registration of this Easement Agreement. 17. Grantee agrees to remit the H.S.T as required. 57 i i 18. Grantor acknowledges that if the Grantor is a HST registration then the payment made includes HST and the Grantor will give his/her HST number to the Grantee. r The parties have signed this Agreement under seal on the date shown above at Saint John in the County of Saint John, Province of New Brunswick. CITY OF SAINT JOHN Witness Witness Witness 99 Per: G. Ivan Court, Mayor Per: E. Gormley, Common Clerk EMERA BRUNSWICK PIPELINE COMPANY LTD. Per: Grantee PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, E. GORMLEY, of the City of Saint John, in the County of Saint John, in the Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: i. I am the Common Clerk of THE CITY OF SAINT JOHN, the Grantor named in the within Option, and have custody of the Common Seal thereof. 2. The Seal affixed to the said Option is the Common Seal of the said THE CITY OF SAINT JOHN, and it was so affixed to the said Option by Order of the Common Council of the said City. 3, The Signature "G. Ivan Court" subscribed to the said Option is the signature of G. Ivan Court, Mayor of the said City, and the signature "E. Gormley" thereto is my own signature. 4. We are the proper officers having authority to execute the foregoing Option on behalf of THE CITY OF SAINT JOHN. SWORN TO at the City of ) Saint John, in the County of ) Saint John, and Province of ) New Brunswick, this day ) of , 2008. ) BEFORE ME: ) E. GORMLEY A COMMISSIONER OF OATHS ) BEING A SOLICITOR I 59 PROVINCE OF NOVA SCOTIA CITY OF HALIFAX F I, ROBIN MCADAM, of the City of Halifax, In the County of Halifax and Province of Nova Scotia, MAKE OATH AND SAY: 1. THAT I am the President of EMERA BRUNSWICK PIPELINE COMPANY LTD. (hereinafter called the "Company ") and have a personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the Company. 2. THAT I am authorized to make and execute documents for and on behalf of the Company with or without the seal of the Company being affixed. 3. THAT the corporation has no seal. 4. THAT the signature "Robin McAdam" subscribed to the within Indenture is the signature of me and is in the proper handwriting of me, this deponent. SWORN TO at the City of ) Halifax, in the Province of Nova ) Scotia this day of ) 2008 ) ) BEFORE ME: ) Robin McAdam COMMISSIONER OF OATHS BEING A NOTARY PUBLIC IN THE PROVINCE OF NOVA SCOTIA .1 M & C 2008 — 257 August 27th, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: Traffic Signals at Intersection of Rothesay Avenue / Broadway Avenue BACKGROUND sm On December 5, 2005 (M &C 2005 -368) Common Council approved a cost - sharing arrangement with Ritchie's Building & Flooring Centre for the installation of traffic signals at the intersection of Rothesay Avenue and Broadway Avenue. Ritchie's had moved their access to this intersection with the constriction of their new building and the company requested the installation of traffic signals. These were activated in June 2007. Two requests have been made by Ritchie's since the installation of signals at their new parking lot entrance from Rothesay Avenue: an advanced flashing green arrow for eastbound traffic turning left onto their property; and modification to the curb and gutter and sidewalk at the access to their property to prevent vehicles from "bottoming out" M &C 2007 — 360 was considered by Council on November 19th, 2007. The report advised that an advanced flashing green arrow on Rothesay Avenue was not recommended and that modifications to the Ritchie's access would be planned. It also advised of the higher than normal crown (cross - slope) on Rothesay Avenue. A copy of that report is attached. Inquiries on these topics, particularly the request for an advanced flashing arrow, have continued. Citizens have also asked for a flashing green signal for traffic turning left onto Broadway Avenue from Rothesay Avenue. Traffic on Rothesay Avenue has had a history of relatively high speed, particularly as it is coming off Highway 1, despite the posted speed limit being lowered to 50 kilometres per hour. The speed of vehicles needs to be moderated to enhance access and egress at businesses along its entire length. Saint John Police have been very helpful in this regard. Purpose of this Report The purpose of this report is present options for the intersection at Rothesay Avenue and Broadway Avenue (and the Ritchie's entrance). 61 Traffic Signals at Intersection of Rothesay Avenue /Broadway Avenue August 27" �, 2008 M & C 2008 - 257 Page 2 ANALYSIS Warrant for Dedicated Left -Turn Phase Traffic signals at intersections are "phased" to permit a variety of different movements. A four -leg intersection, such as this one, can have as few as two phases in a cycle; one for the Green on Rothesay Avenue with a Red on Broadway Avenue and at the Ritchie's exit, and the second for the alternate Green on Broadway Avenue and the Ritchie's exit, with a Red light on Rothesay Avenue. Phases can be added to a cycle for other movements, such as a dedicated left -turn or a dedicated pedestrian crossing, depending on the complexity of the intersection. Adding phases to a cycle has both benefits and disadvantages. The particular movement permitted with an added phase provides an advantage for that movement at the expense of others. Other traffic movements must yield the right -of -way during that phase. The time added to a cycle for each added phase becomes a disadvantage for traffic in other phase movements. The addition of extra phases to an intersection is normally based on an evaluation of benefits against disadvantages for the various movements involved and the efficiency of the intersection as a whole. A Warrant Assessment is used to consider the benefits and disadvantages of adding a phase or phases. The traffic engineering services of ADI Limited were engaged to complete a Warrant Assessment for a dedicated left -turn movement from Rothesay Avenue to the Ritchie's entrance. Transportation Association of Canada JAC) guidelines specify two conditions to warrant a dedicated left -turn movement: 1. Average left -turn demand is at least three (3) passenger car units (PCU) per cycle throughout the peals hour; and 2. More than 25 percent of the left -turn volume is delayed by more than one cycle during the peals hour. A traffic count was completed at the intersection on Friday October 26, 2007 for the Warrant Assessment. (Ritchie's had indicated that the volume in and out of the establishment was highest on Fridays.) ADI submitted their WarrantAssessment findings in a report to staff dated November 7th, 2007. The consultant's assessment concluded that the dedicated left -turn movement is not warranted. Options with No Dedicated Left -Turn Phase Option 1: Fixed Traffic Signal Cycle This option involves setting the traffic lights at the intersection to change from Green to Red on a fixed rotating cycle. This is the current traffic signal set -up. M Traffic Signals at Intersection of Rothesay Avenue /Broadway Avenue August 27" �, 2008 M & C 2008 - 257 Page 3 Option 2: Primary Green Light on Rothesay Avenue Option 2 would maintain a Green light on Rothesay Avenue except when vehicles from Broadway Avenue or the Ritchie's parking lot would seek to make a left turn onto Rothesay Avenue. Traffic loops are installed to detect a vehicle and trigger the lights to permit right of way to such a movement. The traffic loops are currently inactive. Comparative Benef is and Disadvantages of Option I and Option 2 The primary benefit of Option I over Option 2 is that the regular signal changes act to calm traffic along Rothesay Avenue. The fixed periods of Red tend to slow the speed of vehicles, particularly those exiting Highway 1. Drivers who regularly travel this route become accustomed to the cycling Red lights and, as a result, slow their speed in anticipation of having to stop at this intersection. With the lights remaining primarily Green on Rothesay Avenue with Option 2, the traffic calming effect is lost. In fact, drivers familiar with this configuration could actually accelerate when they see a vehicle approaching the intersection from the Ritchie's parking lot or from Broadway Avenue as they would know a Red light is pending. The main disadvantage of Option I vis -a -vis Option 2 is that the resulting negative impact on vehicles attempting to access Broadway Avenue or the Ritchie's property. Queuing on Rothesay Avenue at the intersection can interfere with the natural breaks in traffic that would facilitate left turns from that street. There would be less vehicle queuing with Option 2 because the Red light on Rothesay Avenue would only occur when a vehicle activates one of the traffic loops. Options with Dedicated Left -Turn Phase Although the traffic consultant's assessment concludes that a dedicated left -turn phase from Rothesay Avenue to Ritchie's is not warranted, two further options are outlined in this report. In each case, a dedicated left -turn lane in both directions of Rothesay Avenue would be required at the intersection. Approximately twice as many vehicles were observed turning left onto Broadway than into the Ritchie's entrance during the traffic count. Providing a dedicated left turn to Ritchie's would also call for a left turn onto Broadway Avenue. In order to permit both left -turn movements in a cycle and to prevent conflicts between the two, a dedicated left - turn lane would be required in each direction. Option 3: Four Lanes with Left -Turn Lanes Option 3 involves maintaining the current four lanes on Rothesay Avenue, with the inside lanes in each direction (approaching the intersection) serving as designated left -turn lanes. The two outside lanes would remain for through movements along Rothesay Avenue or for right turns. 63 Traffic Signals at Intersection of Rothesay Avenue /Broadway Avenue August 27" �, 2008 M & C 2008 - 257 Page 4 Option 4: Add Fifth Lane on Rothesay Avenue Option 4 involves adding (constricting) a fifth lane on Rothesay Avenue in the proximity of the intersection. The outside lanes would accommodate through and right -turn movements, the inside lanes would serve through movements and a queuing lane would hold left turning vehicles in both directions. Comparative Benef is and Disadvantages of Option 3 and Option 4 The level of service and safety for through traffic on Rothesay Avenue would deteriorate with Option 3. Only one lane in each direction would be available for through traffic, creating a bottle -neck potential as traffic in each set of two lanes would merge into one. Option 4 would involve a fairly major reconstruction project, requiring detailed design and a very significant capital investment. Rothesay Avenue would be widened in the approaches to the intersection to permit the added fifth lane. Comparatively, Option 3 would be far less costly. Option 4 would also require land acquisition to provide space for the fifth lane. Additional cost to acquire land may be necessary; however, Ritchie's could also be expected to donate land should Option 4 be chosen. Adiustment of Infrastructure at Ritchie's Entrance A design of Rothesay Avenue at Ritchie's to eliminate the "bottoming out" of vehicles has been prepared. The sidewalk, curb and gutter would be altered, and a portion of the road surface raised approximately 150 mm. This work was planned for this year at a cost of about $50,000. These improvements would be required under Options 1, 2 or 3. If Option 4 was implemented, resolution of the grade problem would be incorporated into the design of the reconfigured and reconstructed section of Rothesay Avenue. CONCLUSION A Warrant Assessment concluded that a dedicated left turn phase is not warranted for the Ritchie's entrance. Four options have been outlined. The first two do not include a dedicated left -turn phase onto Broadway Avenue or into the Ritchie's entrance, while the third and fourth do. Option 1 assists in reducing speeds to the posted speed limit; it is the preferred approach should the expense of dedicated left -turn signals and added turning lanes not be justified. The positive impact on safety with speed reduction outweighs occasional queuing delays for vehicles turning left from Rothesay Avenue onto Broadway Avenue or into the Ritchie's entrance. Described improvements at the entrance to Ritchie's would eliminate the "bottoming out" problem. Traffic Signals at Intersection of Rothesay Avenue /Broadway Avenue August 27" �, 2008 M & C 2008 - 257 Page 5 Although considerably more costly and with land acquisition requirements, Option 4 (addition of a fifth lane) is a better choice than Option 3. The congestion and negative implications for traffic safety of Option 3 are not acceptable. Staff would also suggest that Ritchie's donate land required to widen the road in the vicinity of the entrance to their property. The scope of work and cost involved in Option 4 would need to be considered as part of the 2009 General Fund Capital Program for Transportation. Although significantly more costly and not supported by the WarrantAssevvment, Option 4 offers the only solution that addresses the traffic related concerns of all stakeholders. The close proximity of this intersection to the exit from Highway 1 and a tendency for vehicles to travel at higher than posted speed limits along this section of Rothesay Avenue is an important consideration to weigh. The Saint John Police Force can be expected to continue their traffic control diligence along Rothesay Avenue. RECOMMENDATION It is recommended that Common Council direct that a project be included in the 2009 General Fund Capital Program for Transportation to widen and reconstruct Rothesay Avenue in the area of the intersection with Broadway Avenue and the Ritchie's entrance to provide a dedicated left turning lane for each direction, with the proviso that lands needed for widening be provided by Ritchie's Building & Flooring Centre, and further that the existing traffic control arrangement remain in place until that work is completed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 65 REPORT TO COMMON COUNCIL M & C — 2008-254 28 August 2008 Your Worship and Councillors: SUBJECT: First Responder & Emergency Medical First Responder Training (M.F.R.) and Certification Background: The Fire Department is staffed by 161 full time firefighters, 32 Holiday Relief Firefighters divided into 4 platoons. Currently all full time and Holiday Relief operational personnel require recertification in Medical First Responder training. When personnel in Fire Prevention, Training as well as Command Staff are taken into consideration; 200 personnel require the training. Of the 7,369 Emergency Response calls experienced last year, 2,345 were medically related. As Medical First Responders, Fire Department personnel must be certified every three years in First Responder Training. In the past, recertification training was facilitated by the Paramedic Staff of the AHSC. With that relationship no longer available to the Fire Department, the sourcing and engaging of a qualified trainer is required to accommodate the needs of the Fire Department. This training directly relates to the Fire Department Automated External Defibrillation Program which results in a high number of cardiac saves each year. Beyond our Medical Response Program; increasingly, the Medical First Responder Training Program is being directly required within progressive certification standards for technical rescue. The most notable within our context is Confined Space Rescue as it relates to local Industry and our work at the Port of Saint John. In addition to seeking the service of a provider to deliver Fire Responder training and certification, the Fire Department also wanted to seek the services of a provider to train its Training Division Instructors to a standard that would permit the Fire Department to deliver future First Responder training and certification, negating the need to hire a third party. It is this component of the proposal call 01=11111MMEMEN AN Report to Common Council Page 2 August 27, 2008 that is of the least cost yet offers the greatest long term cost savings benefit to the City of Saint John. In the future, all Medical First Responder re- certifications will be provided by Saint John Fire Department Instructors; thereby negating future expenditures. Analysis: The needs, as noted above, have led to the issuance of Proposal Call 2008 - 081601P — First Responder and Emergency Medical Responder Training and Certification. This proposal call closed on July 17, 2008 with 3 submissions being received. These submissions were reviewed by staff from Saint John Fire Department and Materials and Fleet Management. The review process narrowed the selection down to two vendors, Maritime Rescue and Medical and H.E.L.P Educational Services. The Review Committee used the following criteria to evaluate the submissions:. 1. Quality and Completeness of the submission 2. The Consultant's Experience — as it relates to the proposed task 3. Experience of the Trainers — as it relates to the proposed need 4, Methodology — for delivering the training 5. Cost The submission by H.E.L.P Educational Services was reviewed through the criteria above and found to be superior overall and specifically in areas of quality and completeness and the methodology being employed to deliver the First Responder training program. In the area of Training the Trainer aspect, H.E.L.P. offered the City the option of providing a dedicated course to the Fire Department's Training personnel, one that encompassed both the First Responder and Emergency Medical Responder training and certification. Since it will be the Fire Department's Training Division that will be delivering future First Responder training (to Fire Department personnel); the quality of their initial training and certification is critical. H.E.L.P.'s option to provide a separate stream of First Responder and Medical Responder Training to just the Training Department is of strategic value to the City. The City will also have an opportunity to recover costs through the insertion of "others" into the program, i.e. City would bill other organizations to participate and retain difference between the billed amount and text book and certification costs. 67 Report to Common Council Page 3 August 27, 2008 Financial Implications: Funds have been set aside in the Fire Department's 2008 Operating Budget to accommodate the required training. Also, there is an opportunity to offset the below noted cost by allowing other Fire Responders to partake on the training which in turn would lower the cost per session for Saint John Fire. With three extra available seats per class (22 classes); revenue opportunities are limited to $3,000 to $5,000. As training will be provided on regular shifts, no overtime costs are anticipated. Input from Others: The City's Purchasing Agent has reviewed this Proposal Call for compliance with the City of Saint John's Procurement Policy and supports the recommendation for award. Recommendation: As a result of the review process, the Committee recommends that Proposal 2008- 081601P First Responder and Emergency Medical Responder Training and Certification be awarded to H.E.L.P. Educational Services Ltd. at this price of $42,633.00 plus HST (which includes the dedicated Train the Trainer option ); and that staff be authorized to issue a Purchase Order. T. L. Totten, FCA City Manager .: M & C 2008 — 252 August 27, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2008 — 7: Gault Road Wastewater Pumping Station — Electrical Upgrade BACKGROUND: It Im This Contract consists of a project that was approved in the 2008 Water & Sewerage Utility Fund Capital Program as follows: 1. Electrical upgrades to the wastewater pumping station located at 300 Gault Road. TENDER RESULTS Tenders closed on August 27, 2008 with the following results: 1. O'Brien Electric Co. Ltd. Saint John, NB 2. G.N. LeBlanc Constriction Ltd Grand Barachois, NB $79,100.00 $84,750.00 The Engineer's estimate for the work was $75,000.00 AM M & C 2008 - 252 August 27, 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 one capital work project. Assuming award of the Contract to the low tenderer, 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 $75,000 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $76,744.17 including the City's eligible HST rebate — a negative difference of $1,744.17 in the 2008 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 constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION: It is recommended that Contract 2008 — 7: Gault Road Wastewater Pumping Station — Electrical Upgrade, be awarded to the low tenderer, O'Brien Electric Co. Ltd. at the tendered price of $79,100.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering 70 Terrence L. Totten, F.C.A. City Manager M &C2008 -251 August 27, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2008 — 23: It Im Rockwood Park Interpretation Centre Wastewater Pumping Station — Electrical Upgrade BACKGROUND: This Contract consists of a project that was approved in the 2008 Facility Management Capital Program as follows: 1. Electrical upgrades to the wastewater pumping station located at Rockwood Park Interpretation Centre. TENDER RESULTS Tenders closed on August 27, 2008 with the following results: 1. O'Brien Electric Co. Ltd. Saint John, NB 2. G.N. LeBlanc Constriction Ltd Grand Barachois, NB $89,270.00 $90,400.00 The Engineer's estimate for the work was $75,000.00. 71 M &C2008 -251 August 27, 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 one capital work project. Assuming award of the Contract to the low tenderer, 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 $60,000 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $91,431.06 including the City's eligible HST rebate — a negative difference of $31,431.06 in the 2008 Facility Management Capital Program. This difference can be managed within the overall Facility Management Capital Program. RECOMMENDATION: It is recommended that Contract 2008 — 23: Rockwood Park Interpretation Centre Wastewater Pumping Station — Electrical Upgrade, be awarded to the low tenderer, O'Brien Electric Co. Ltd. at the tendered price of $89,270.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering 72 Terrence L. Totten, F.C.A. City Manager M & C 2008 — 250 August 25, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2008 — 6: It Im LANCASTER LAGOON CELL # 2 BIOSOLIDS REMOVAL AND DEWATERING BACKGROUND This Contract consists of a project that was approved in the Municipal Operations and Engineering 2008 Utility Fund Operating Budget. 1. Removal of accumulated biosolids from the Lancaster Lagoon Cell 42 to prevent a decrease in efficiency of the air diffuser system. TENDER RESULTS Tenders closed on August 20, 2008 with the following results: 1. Newalta Industrial Services Dartmouth, NS 2. Consolidated Giroux Environment Inc. Charlo, NB $128,500.00 $130,000.00 The Engineer's estimate for the work was $127,000.00 73 M & C 2008 — 250 August 25, 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 one Operating Budget project. Assuming award of the Contract to the low tenderer, 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 $145,000 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $131,848.84 including the City's eligible HST rebate — a positive difference of $13,151.16 in the Municipal Operations and Engineering 2008 Utility Fund Operating Budget. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2008 — 6: Lancaster Lagoon Cell 42 Biosolids Removal and Dewatering, be awarded to the low tenderer, Newalta Industrial Services at the tendered price of $128,500.00 as calculated based upon estimated quantities, and fiirther that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering 74 Terrence L. Totten, F.C.A. City Manager M & C —2008 -249 August 29, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Portion of Highland Street (Pending Approval of Street Closure) to East Point Inc. BACKGROUND: Common Council at its September 2, 2008 meeting will be holding a Public Hearing for the consideration of the potential stop up and closure of a small portion of Highland Street, containing an area of 491 square metres ± (see attached survey plan). As mentioned in a previous report to Council dated July 31, 2008 (M &C 4222), the purpose of the stop -up and closure and subsequent sale is to facilitate the constriction of a retaining wall in order to protect the properties on Oakland Street from any potential storm water runoff, which may result from future retail development in the area. Real Estate Services has negotiated with representatives of East Point Inc. to sell this portion of Highland Street for $3,300.00 plus H.S.T. (pending approval of stop -up and closure). This purchase price includes the costs associated with the advertising for the street closure and a fair market value for the land. The costs associated with the survey plan are the responsibility of the proponent, East Point Inc. The proposed agreement is consistent with other street closures the City has been involved with recently. The recommendation contained in this report will facilitate the sale of this portion of Highland Street. RECOMMENDATION: 1. That The City of Saint John sell its fee simple absolute interest in a portion of Highland Street, having an area of 491 square metres ±, subject to receiving third reading of the By -law to stop -up and close the subject property, identified on an attached plan of survey dated August 12, 2008, to East Point Inc. or an affiliated company for $3,300.00 plus HST (if applicable) on or before October 31, 2008. 75 2. That the Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development Terrence Totten, F.C.A. City Manager CL /c 76 ee ee ear' °er ors ? u- ss O� Description of Plan: Consider stopping up and closure of a portion of Highland Street N PID: N/A Address: Portion of Highland Street Pan: N/A Date: July 23, 2008 77 Cam/ �o II � � I � �� In mcn a I I ir 11 '� o vSm� o \ � •, qy�� y � o qii Y Y y 47 Z=a a k- glit z 0 o P �� 111 1 11 1 Ig H us��o m = -4 SF41 �r Oi a (t3 Z n C3¢yF 0m _a Zg S =� to -7 "3 -ft � s H s m x o n CL Oo O F« x$ N L zbm w a a ff y t __SO oe 52 -X11 W� Un W o N M & C — 2008 -256 August 27, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Dates 661 Dever Road, 127 -129 Bayside Drive and 861 -891 Fairville Boulevard BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Proposed Reason Auulicant Zone Zone Greendale 661 Dever `B -2" Section 39 To permit a Holdings Ltd. Road Amendment senior citizens' activity- centre in the existing building David LN, -ttle 127 -129 Bayside `B -2" Section 39 To recognize Drive Amendment the existing use as a barber shop In addition to the above new applications, Council had previously set a public hearing date of September 15, 2008 for the rezoning application of Canadian Tire Real Estate (861 -891 Fairville Boulevard). Unfortunately, staff made an error in the advertisement that necessitates re- advertising of Canadian Tire's application. In order to meet the 79 Report to Common Council Page 2. statutory notice period for a rezoning, it is necessary to reschedule the public hearing to Monday, September 29, 2008. RECOMMENDATION: That Common Council schedule the public hearings for the Section 39 amendment applications of Greendale Holdings Ltd. (661 Dever Road), and David Lyttle (127 -129 Bayside Drive) for Monday, September 29, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 2. That Common Council cancel the September 15, 2008 public hearing for the rezoning application of Canadian Tire Real Estate (861 -891 Fairville Boulevard) and schedule a new public hearing for Monday, September 29, 2008 at 7:00 p.m. in the Council Chamber. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF /r AN 15-0 REPORT TO COMMON COUNCIL August 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Fellow Councillors, Re: Upgrading of Clover Valley Road FIkw City of Saint John Residents on the Clover Valley Road lodged complaints about the poor condition of their road earlier this year. Common Council adopted the following resolution on April 28, 2008 in response to a proposal from Stuart Jamieson MLA. That as recommended by the City Manager, Common Council advise the Department of Transportation of the Province of New Brunswick that the City is prepared to contribute $114,000 to the upgrading of Clover Valley Road on the basis that the City's investment is matched by the Province and that the Province assumes responsibility for the ongoing maintenance of the entire road. The Department of Transportation has responded favourably to the request for matching the $114,000, provided the City continues to accept responsibility for the maintenance of the road. The department of Transportation will undertake all the necessary work. A portion of the Clover Valley Road is a municipal road and would continue to be our responsibility. City participation in the proposed upgrades will result in over $310,000 worth of improvements to the road being completed at a cost of $114,000 to the City. An amendment to the original resolution is required in order to proceed accordingly. Recommendation That Common Council adopt the following amended resolution; That Common Council advise the Department of Transportation of the Province of New Brunswick that the City Saint John is prepared to contribute $114,000 to the upgrading of Clover Valley Road on the basis that the City's investment is matched by the Province. ectfully mitte A-, 4 atrick Woods uty City Manager a . .. . ............. . . . . . . .................. — – ---------- REPORT TO COMMON COUNCIL August 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Fellow Councillors, Re: Supplementary Funding — Heritage Grant Program ".7111 City of Saint John Common Council referred request for increased funding for the Heritage Grant Program to the City Manager for a recommendation. A total of 121 applications for funding assistance -under the program have been received to date and another 50-60 are anticipated by year end. The current allocation of $200,000 has now been fully committed. This funding program helps to stimulate improvements to designated Heritage properties. This in turn results in increased assessments, new municipal revenue and an increased stock of attractive properties. The assessment increase in the heritage districts is as follows; Given the success of the program to date, the positive impact on the tourism sector and the financial benefit realized from increased assessments, this request can be supported. Funds for the increase allocation can be transferred from within the existing 2008 capital budget. The funding allocation for the 2009 Heritage Grants program will have to be considered as part of next year's budget deliberations in light of Council's overall priorities. WA 1981-1991 1981-1996 1981-2006 City Wide 54% 84% 1191 Heritage Areas 85% 127% 195% Given the success of the program to date, the positive impact on the tourism sector and the financial benefit realized from increased assessments, this request can be supported. Funds for the increase allocation can be transferred from within the existing 2008 capital budget. The funding allocation for the 2009 Heritage Grants program will have to be considered as part of next year's budget deliberations in light of Council's overall priorities. WA Recommendation That Common Council authorize the transfer of $200,000 from within the 2008 general fund capital budget to the Heritage Grant Program. M REPORT TO COMMON COUNCIL ,,.. August 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Fellow Councillors, Re: Celebration Street Park Restoration Project C4 of , Saint John The NB Department of Transportation has received a request from Canaport LNG to utilize a DOT owned property, identified as PID 55141857, to create a small neighbourhood park. The property is located adjacent to Route 1 (Exit 123) on Celebration St. and is currently used as a playground by area children. The Canaport LNG proposal (attached) will provide need improvements to the playground area and replace the current equipment with modern playground equipment that meets all safety standards. A consultation with area residents is planned and the estimated cost is $40- 55,000. The City would assume responsibility for upkeep once � completed and agree to allow recognition signage for Canaport LNG. As this will result in the creation of a City park, DOT proposes transferring the property to City for $1.00 and will incur all costs related to the transfer. The improvements are expected to be completed this year. Recommendation That Common Council, authorize the transfer of title to a property identified as PID 55141857 from the Province of NB to the City of Saint John for the sum of $1.00 and that the Mayor and Common Clerk be authorized to sign all related documents. 11' laPhR "I rif 1,1� �, P4 G I b t 0"1 ril ST I, r, j", I. P"A I I r, I rd t � ID 11 fl"Flll� 112 cl ,, ll� f,l I'll Cailliap ii or mown to C),epart ironer nt, of Transpc)rtatjn,n Cplebratian,Street Park Riestioration Project Sh,mll,"am"mri'itt -le Ibjr Cairdyin 'Vain der Velein Community & Cn oicati n IP inag.lelir ranapiort LNG 91 LOAGI 5LIlibmIttled to: Deputy Wimisteir, David J101hnsUpine Davicl.JOHNSTONF it F;rlelrl Blaney, Ein,gi . ,,P.riiing,Seiin "iices/ rreinsportatilioin Fried.,W ANEY@gnb.c.,a W L.avljo,nle, I Propelfty I(ChIgs Niace, R, �0. Riox 51000 Fir eidier'licloiri, Na 1`13B 5iCll, Cainialida m Caiiw „mpmmll ILNG CeWhfiialhon 5491111"M II'.” A6 mnm "^mUralllan m ropo's M StMbdw iR mud to rmm raaawmmwMMtl, u7M mMmnMwr'wmw �' &wmM Carrapim it AG i u n °m w mm mmm rMmm WM °mwm u uam Reps o) Y11l1m1F „ both of i 'u re eelliu y committed LA Wl�n mm° mWm Vlwmmmmm� lu Muc(3rvpu m rlrre our mMrr wp Jmdm 51DCW rmmWurmmr� �� mmWu mmul� of the success, Ulf WWluu prmmrwtimlm let iCan post LNG and a MmmrrmM vRii nent r'mwmm uumdrmM W to marry, through 10i nuV.'w,e enture d uul °rump&!'im of thie ummuu'Mmto rumor °upmumr and Uperiation, of the LNG tm'"'MiMmmrm W. mow00"Ye p d�enti fi ed a wW °ulum'W'm Wk i Ae io nw'mu'mt uu °lo I W m n'MII 110mmu,niltyfraiin asocial aspect The "mrnWedurafiotM WurmeW Aayguound is a lmmmmM'mWMrmrm'wore we "worm m %wm can provide some a °ummMjor a °rmMpu "moan M"rMents Thu pmlalyhor n uwmpuMp'mrMrVmm u'lUrfea dVl 01w td'JV 'Site, wm a Cofle Omill, Uf Oe es 3CM umlmluMte 111 by Wmmm,md rluww l for Moral, mmmwmumy u°;h llupu°M'umm VWvmg Wn W Wm umli lea (m cA m bm um ion mreii?l ulm Wuu uM ed just of t' mp mWW. p.�� dw umuum W�mmmmj 1111 Ro IEICT SICOM mmMmmm °m m W offer t m,�m V � ' IWWmnw Playground equmipn" mwmmt and uwmu�!� M��� sM�w °w WW f�armmWWWm park W u i u w mmrumdWMm w siuh II Mort IPi�he m "V' W d d ' Wr 6,, m n, Wwmmmmm mm m �m ^� W � ^mW current non mm III � � m pUklll I W II. Wm^uldmu�m.rlm m:�u"m IImW' III 'ml�� �V � u �mmV °I"w �� ��!�UV� "wd! mm� In �' rdrWIMormii 'we mmM�muuWmWm W m uwMr�mur m urMmmr m�mmulmdu arm m urMwmNmp �Wmwrp ummmM W u Bpd mWmw� "W� wmMmnd mM �8�. u mm'umpmlllWuW�m� umrmwriwmW III °mmn'mmmmWm" W'mmq� �mmmMwW du�Ilmm�Wmm� wmmmmmmMd mm'liulllllmumu''!�mn u�.m� rwuu, ^'WW mm ammWul'duupm�mmMmMmV Wmmndsc pert m'mm Wu W u Wm Illmrmmm W V °'w rww i VVV this ru�si mmed mWnm µriguur,dd to, the mmm ummrm WW° uum °mM m�m�Wummwm�mwm�umm'I �mmdm� mumWmm�m m�M a �rumwrWMwuwwWm muv'ulp umwmru.u!Wmd pug M °u asset more m hboumrm and V "� �dw� worn mmwm Wm W wuMmWdumWW WW dmrr WVu,uw w'��WuuVmdMm:rm „„ ��mm mmr,WW umm uM'mmmwm �MUmmW mmmrwurmmrm COST OF W.nROA.� T`, AD M I stopu� m mMW ll hm e t o c M.m.mmmmmuumum^�Mim difectIly wMi lihe m°els of III, �u� suitildirision to got theur Wuump ut on t w„ W'agl 1 � 1 uwm ^d. We � eHleve ithe wort to M m shmm "mm W r p� ay W'm'°' um'�m dal yule between �� . . m� mMp' Mm55, ammmm m" IW worm mum IImNBplmMlNG �u'hii3iilul menu e tIW�d'�'. p la w i , M” -w mmW anl� W'W"M t IWIIC�';' � tiv �"mr"e�Vivide, � mmmmmmmmm� �:uM-m�l �mu�r; � mMmMrMm Mlmr �w upkeep �W the park ulu � VV ��ml�run�rlVi. W ING to pLacell mrm�W:W��mw����'m �m�m mdWmllluu W.W °ul jjWaygm "gy m "Ilrmd wwmm"mmrn . W anal" o' m fladon m�ummmm�W m m�wmMlr roip„sA wu the Ilia � m� uM of the ellebratimmmmmW pIl W r muindWu�mM °III.M'm'ml�lmmpl: MW OW'"W "V'"A ..p "` All I ANAN":.) "W" III it Our Co mmm� Mma C rmrmm "mmaWWummu Manager, wrolyn der w�Mm m WlM the drra mmM m% trilicNiect and we look IIlorward to III °mmmwmmumu& drwxummm you On ymmmur mdecim on to proceed maw' mMGw ukf dmmm IINaPp y to priavi de Iim tuaW II MII pwmmW� Wui m of the IIIrimlugr w�m�mmW pM�m'wp��mm�mr'v' u"'Mrlmwwm s mwwu' the Mm�Y�Dygrmmmiiil II'llNey mi W by IWm��mm'ut� Imive as raw ant to mWmmm° m rom"rp l'Vc'wmW Ill n lsm dm "'IIImW Mw to W'mmums this ul m?st o�m aflummm pIM°II „ImW W 'Anil the DePaM'ur'Wilt of Wrmilsp mr.t fu mm. CSrM "'wp lllmmM'mWIW cations IIldM�WMrm "mew" CnM'lillaprMU!III W...IIN�'V' (' vV VIPW, nr;;Se,! MWMIU„gm'i fling .vVrmlifw it ll'lAr'6 ➢mm�pa��l�u�wu� Pu�� ^S "m�� ..���� " CURRENI VIEW iDl!!! CEt EBRATION STRF ]��; I III��P V' K (My 16111, , 8) View frmsmmm Celebration Street cul- de-sac) llmre that I�Ill�m1essl�ImesssY�m °su��sm:�mmnmu!surm�� mmu�uc ;��mss� um"e smmmse �d lsm4�mii��smm�mim��ls �mmimmmdl with 0 mess mal ,Ills ur is tl,m ma'Ne'iing,,Se .. f Noy m ummm"md elqlullplment msummiu mmnHy in the lsarlu m sm mmuim ° °es siv lifficaiiit up keel if not im °emsmev;slll follir SmIfety m easm ns, Ag ill',XANII)LE OF CN19AP011T LNG'S ��MOS '��IECENT PARKKESTOIM TION PRO Cana port L,P,IG iry,vestiecHn'th ie� rt-'�.vlborafiion ofthIa Ocean Drive Play grotj nd off' of thie Reld Hilead Road ln SaintJohn, "rhie Project Included all t'm%v P1w'.:Iy& I griound equipmen't mil Nimdscapwng,%,l N Ir1cm ia-r & n-wire. than 20t-rees. The park �s ovIrnlield by the City of Saint John who partniored Witil-ii Canaport I Ni to rests e thile prork. 'rhe i aHwwed Car�apoft LNIG'to picost a Sign at tho entrviiincie of the park. Oceain Dr!Ve Playground Restoration Project C4 L"11111 � ift saovxw""� M E��' A C 4S "J", 11"m llli1 lxy" 11"EkAO Irmo, 111""Imog lip W, t-.40 0 Or F IN I, J'F r W'J")) IS w A, d 116 q i"A 11,11111M., u.ii1. 11 d R4 6", 11, A'A 11'.' "'.6 111 C4 L"11111 � ift saovxw""� M E��' A C 4S "J", 11"m llli1 lxy" 11"EkAO Irmo, 111""Imog lip W, t-.40 scaleAchelle 1:2000 0 40 :., 120 ., 0 IDO 200 300 ,. While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Mdme si cette carte n'est peut -titre pas fibre de toute erreur ou omission, toutes les pr6cautions ont W prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caract &re officiel et ne doit done pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. P 0. Box 54 Local 771, IAFF Saint John, N B E21 3XI Saint John Fire Fighters, iaff771@nbnet nb ca Association zaza� Mayor Court and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB Dear Mayor and Council: This letter is to request Common Council to reconsider the position taken concerning disabled employees. We have disabled employees who have been told they no longer meet the definition under the pension plan and the City has told them that they are no longer employees. This exact issue has just recently been settled with local 61. To our knowledge all members of the other bargaining units have been accommodated, leaving us to wonder why not firefighters? We fail to understand why we are forced to proceed to an arbitration that is unnecessary and certainly costly to both our local and the taxpayers of Saint John. We would be happy to meet with you at your earliest convenience. if you feel a meeting is not necessary, could you please respond to our request. Sincerely: Lawrence J. Cook Recording Secretary Local 771, IAFF NN 4r - �°X... w / RY l4,e > � Cl �r...... �� ✓ r o +�ql 3o y� ✓����'�ty' ✓i 7 ?rte ' r �f i L". ..w' -� t ✓ r � � / L �<' 1� G % 7 „� . yra "� � p C °11 '^"" per? , 91 REPORT TO COMMON COUNCIL y. August 5, 2008 His Worship Mayor Ivan Court And Members of Common Council RE: Retirement on the Order of Council TEM... City of Saint John As Council is aware, in 2007 a number of former employees were deemed not to be "totally and permanently disabled" as defined under the City of Saint John Pension Act. At that time provision was made for a number of individuals to retire under what are generally described as the Normal Pension Provisions. ALL other situations have been dealt with on a case by case basis. In the particular situation at hand, the employee cooperated fully with the City in an attempt to be reintroduced into the workplace in a meaningful way. The employee re-entered the workforce in 2007, however in the spring of 2008 his health was such that he could not continue. Suffice to say that the City and the Pension Board have all of the employees' medical information and professional opinions indicating that this particular employee qualifies for a pension under the Heart and Lung Act. Also on file is a Letter from the employee indicating that it is his wish to do so. The calculation of the employee's entitlement indicates that a Large portion would come directly from the Pension Plan with the balance coming from the City of Saint John. The portion of his entitlement from the Pension Plan is governed by section 12(1) of the plan which states: "A member is eligible for a reduced pension if: a. He has not reached the age of 65 b. His age plus years of service is not 85 or greater c. He is within 10 years of'retirement ie. He is 55 years or older, and finally d. He is not within 10 years of normal retirement on the order of Council (in other words he is less than 55 years old and Council approves his retirement). As of August 29, 2008 this gentleman will be 50 years old with close to 30 years of service. In other words he is not eligible for a reduced pension from the Pension Fund unless Council approves his retirement. Should Council choose not to approve &A his retirement, the employee will undoubtedly stay out on sick leave for an extended period of time with full wages and benefits being the responsibility of the City or claim that he is entitled to receive a Heart and Lung Pension paid entirely by the City and the parties will be left to sort out the monies he contributed to the Plan. Given the situation it would be appropriate that Council adopt the following resolution: Be it resolved that employee # 4172 be retired on the order of Council as per Section 12(1)(d) of the City of Saint John Pension Act provided that the City of Saint John receives written confirmation that it is the wish of employee # 4172 to retire under the Heart and Lung Act effective August 29, 2008. Terrence Totten, FCA City Manager 93 SAINT JOHN WHEREAS: This is the United Way's 49th year of helping those in need; and WHEREAS: there are 25-member agencies of the United Way who provide essential services to those in need in the community; and WHEREAS: funds raised support programs and services in our community. NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim Thursday, September 4th, 2008 as "United Way Day" for the United Way of Greater Saint John Inc. I encourage everyone in our community to support the United Way and the 25-member agencies which provide services necessary in our community. The annual campaign is truly a community effort with labor, business, community leaders, non- profit organizations and numerous volunteers working to improve the lives of those in our community. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada F2L 4LI I wwwsaintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L 4L1 :;A M 1.a ........ ..... Z MMANTI$on a C, child support; WHEREAS, we recognize the right of children to continue to receive the same access to both parents which is sanctioned in families with married parents, and that children cannot benefit from family values when they are allowed to suffer the loss of a parent and perpetuation of irresponsibility by parents against each other and their children; WHEREAS, we recognize that nothing can take the place of the love of a parent in children's lives, and it takes the equal presence of both parents in children's lives to meet their children's need for that love; WHEREAS, we recognize that "the best interests of children" cannot be met unless we maximize the ability of both parents to raise and nurture their children and afford children the maximum parenting effort and involvement each parent is willing and able to contribute in raising their children; WHEREAS, we recognize that we as a society share the responsibility to keep families together by promoting a system that protects the right of children to be raised and nurtured by both parents and the right of families, to exist and function as a family, as civil rights and human rights inalienable to all families; WHEREAS, The City of Saint John joins the New Brunswick Children's Equal Parenting Association in declaring September 7 through September 14, 2008 as Equal Parents'Week, and September 1 O'h,2008 as Equal Parents Day to raise public awareness of the urgent need of our children for the love and support from both parents, their extended families, and stepfamilies; f 7,'� /, , Ir WHEREASr-L :,?JA:J hereby issues a proclamation endorsing Equal Parents" Week, adopting it as a local event in Sa,m-t Tvk^ , and promoting participation in this event throughout Let -7, A it, d64for the public good. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �y E M �l 1 > Ocoz ® > 6ZOZ o N 40 8ZOZ LZOZ W 0 -% 9ZOZ � � a 9ZOZ 0 1 °///I/, > bZOZ EZOZ Q > ZZOZ OZOZ L 6602 a � V +�+ a ✓ /a, 8602 >, 960Z 9602 O b60Z 1 0 ! Z60Z m E 0602 •- i 6002 O Q _0 8002 N / LOOZ N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° 0 J (O 0 C0 (O V N Q CO 4uewAoldw3 2 a N N 4c O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • ;err, r C7 O N ® No c N N co � CO f A � • _0 O ' N N co co E l N O co N i o O i N =3 N N N N p o O N i =3 N U � O ° 0 O _0 _0 N N N N U) CB N N VIII r co 0 O 0 0 0 0 0 0 0 0 � U O O O O O O O O U U 0 V N 0 W 0 V N co r r r r N i co Qo O O N 4x . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • N � .�_ E ® cy") = O m N — O i N =3 N N N U � o ° °) a) U) co ca co N ® ® co .o o M =3 U U ® N ® ® CO ® O O N 4x N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IIII � -- t Os"i "CIO O, OR?, IPI N `r0 i 00 R?, Y/ lz-x C14 Z L6 IVaR��J jQIY CD 9,2' 1 O Q o �,u N • CD (,� U N 4e O O ca V c� 0 Cl) M cli > O OOc� 0 (gll1� �� N O ca G4e 00 0 N & 4 00 co X00 co ` U O U � IIII VilYw�u� z 6'Ilk U 0 0 0 0 0 0 0 0 0 0 0 1 N O � � ,N �. 1 0 P.O.Box / C.P. 750 123, rue Halifax St. Moncton, NB E1C 81\15 August 29, 2008 Elizabeth Gormley P.O. Box 1971 Saint John, NB E2L 4L1 RE: Proposed Development -25 -35 Bentley Street Dear Mrs. Gormley, Please accept this letter on behalf of Tannery Court Co- operative Inc. Tannery Court Co- operative was established to act as a catalyst in the development of safe, affordable housing for non - elderly singles. In partnership with the Province of New Brunswick, Tannery Court Co- operative Limited has previously developed a 40 -unit housing complex in Moncton and a 50 -unit housing complex in Fredericton. With the success of the previous Tannery Court Projects, it was the desire to develop safe, affordable housing for persons of modest means at 25 -35 Bentley Street due to its close proximity to all services, safe and inviting neighbourhood. Due to the expressed concerns of the neighbouring residents of 25 -35 Bentley Street, Tannery Court Co- operative will withdraw its application for rezoning and variance. Should you have any concerns, please do not hesitate to contact us. Sincerely yours, """"���,��L'"�"i�,�'ir� �... a .. �.:��a'.>•n"�"' Amanda E. Dupuis, CET Project Manager Cc: City of Saint John - Planning and Development 133 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 demand rr an r4 (, ,,; } C'r - r���•��,d� A+i n 'Ate Ah�nA D„p,�►s Mailing Address of applicant/ Addresse postale du demandeur (j G ApNL, 1-, s, Nc.1 dux Telephone Number / Numbro de teldphone Postal Code/ Code postal C ► c j,.tA5 Home / Domicile Work / Travail / Fax Number / Num6ro de tdldoopieur .- snt,- 955E,- S'� Name of Property Owner (if different) / Nom du propri&aire (si diffdrent) 1 -O[ A L Orlicki 5r-2- 9"C' l e r l- rm oC Address / Adresse I Z t a - Postal Code / Code postal t2 H 5,4e Property Information / Renseignements sur la propriete Location /Emplacement Civic # / No de voirie Street /Rue PID / NIP Lot Area/ Superficie du lot 5 5 -I q _ M . Street Frontage / Fagade sur rue _ 142,,-+1- V Existing Use of Property/ Utilisation actuelle de la p Wridtd Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal {3.2 - G F ne rn 1 Amendment Requested / Modification demandee Present Zoning / Zonage actuel (1-2 - %iPnern 1 Business ® Change Zoning to / Modification du zonage a RN - 2, - �k,r y+ R 15 c N , ti -rip G ��,� s►T1 and/or / ou 1,FC ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) +A bt - `C," nxs Cin `�CC._�,�flr7 -tcN- C'�✓• -r nC'• �.�rcrl iPD'h2Y1�5 C,-) jr 4 V GY S` �` lr,Yr 2P,� n��c S%, u�G� n ern. n�Ci ni Yn Xttc 1 L>,f- �C�Sfc�inA enY,anc� a� o cr,,�v f 1.�� i� enrK�r?Clr1( e G1m\ i„ ` �crr Cstll� 134 Development Proposal / Proposition d'arnenagement Description of Proposal / Description de Ia proposition rr,n`<i 1 S�nre.l - S �', iiTPA1ZTNi'n ^� \�c'1�P1h C �y� R1T/�fiiEf� 1�f�27i/aL You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre Proposition. L'ous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan doit in&quer les dimensions de la propriete, !'emplacement de la totalite des bdtiments, des allees, des acres de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved / Fournir tout autre renseignement oonceunant votre proposition qui pourrait titre approuv6es. Provide any other information about your proposal that would be helpf iL / Founur tout autre renseignement conmMant votre proposition qui pourrait etre utile. Signature of Applicant / Signature du demandeur I Date _ L", t> ® $400 Application Fee Enclosed / Ci-joint les frais de demande de Opp S If you are not the owner of the land in question Si vows n'etes pas le propnitaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietatre daps la pantie the owner is authorizing this application to proceed ci- dessous. Lcr signature du proprietaire autorisant le for consideration by Common Council tra"ement de la presente demande pour que cette derniere soil examinee par le conseil communal. Signature of Owner (if applicable) Signature due proprietaire (s'il y a lieu) Date: 135 PROPOSED ZONING BY -LAW AMENDMENT RE: 25 -35 BENTLEY STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, September 2, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 25 -35 Bentley Street, having an area of approximately 1.4 acres, also identified as being PID No. 00369090, from "B -2" General Business to "RM -2" High Rise Multiple Residential. REASON FOR CHANGE: To permit a four - storey multiple 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 PR03ET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 25 -35, RUE BENTLEY Avis public est donne, par la presente, que le conseil communal de The City of Saint John a ]'intention d'etudier la modification suivante de 1'arrete sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le mardi 2 septembre 2008 a 19 h dans la salle du conseil: Rezonage dune parcelle de terrain dune superficie approximative de 1.4 acres, situee au 25 -35, rue Bentley, et etant NID 00369090, de zone commerciale generale o B -2 » a zone de tours d'habitations a logements multiples <<RM -2». RAISON DE LA MODIFICATION: Permettre un developpement de logement multiple de quatre etages. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou an bureau de I'urbanisme et du developpement a I'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a ]'attention du soussigne a ('hotel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 1101 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: (506 ) 658 -2862 Fax: (506 ) 674 -4214 Special Instructions (if any): Reference: 25 -35 Bentley Street, September 2, 2008 — Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): August 5, 2008 & August 26, 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 137 "ery our co -op+ re% eve' -PRESENTS- -A Development Proposal- 50 Units - Single Resident Occupancy for Non-Elderly Singles 138 ofla DEVELOPMENTS - DtVELOPPEMENTS INTRODUCTION......................................... .......................................... 3 HOMELESSNESS INT7IA,p{\/E ............................................................... 3 PROPONENT .—.-------.--.__--_-_..-^_.--.--..~—.--... 4 Board and Co-operative Structure ..................................................... 4 APB[l ................................................................................................ 5 PROJECT DESCRIPTION ...................................................................... 6 InitialRent ........................................................................................ 7 Property M ---__—^~'--'-'-------'---'—'~'^'-- 8 SITE..................................................................................................... 9 Site Description ...--_-....----....------.—...------_...() Location ..--.--___—__._____~____.__.__._.__..._._. g Zoning - ^~'^''`'~~'`~``''`'^^`------^-----'----''^'^'-----^' ^ BUILDING DESCRIPTION ..................................................... ................ _9 Construction...................................................................................... 9 Unit Description --_---_.~.^.^--_....—.-__—...---...--- TQ StandardUnit .............................. ................................................ I() AccessibleUnit ............................................. ................................ lO UnitBreakdown . ............................................................................ 12 Energy Efficiency ------'--'-'^-----'—_...^__-.----.--. 12 FINANCIAL OVERVIEW ...................................................................... 13 PreliminaryBudget .............................................................. 13 Preliminary Operations Budget ........................................................ 14 Proposed Rents —__---__--.._----.—_--...—.—.----. 14 Assumptions................................................................................... 14 PROJECT APPLICATION STJK8Mf\RY ------_---.--_-__ ............. 15 Proponent..----__-.--_-___.._-_-.--.---...-.--'.—.— 15 Project............................................................................................. 15 Location......................................................................................... ^]5 Total Project Cost Summary ............................................................ 15 Contact............................................................................... ............ 15 /\PPENDIX 'A.' .—.—.—_._------_.~_..__________.^_._____ 16 Site Plan/Location Map .................................................................... 16 /\PPENDIX '13'--_--------........^.-.—.......—...---.._-.—... Ir) BusRoute ....................................................................................... 1() }\PPENDIX 'C`....--_.-........_--_—_.~—_--------^~----' 21 Eh] _----_.-._-__'..------_--_—_^^^^----'' 21 APPENT}IX 'D'...---_-..—__-._-..._—_--_--.--.-_.----22 UnitLayouts ................................................................................... 22 Tannery Court-Saint John will be an innovative new affordable housing development in the Douglas Avenue area of Saint John. Up to 50 Single Resident Occupancy (SRO) apartment units will be created to help meet the City of Saint John's growing need for affordable housing to serve the needs of non-elderly singles and those facing the threat of becoming homeless. As our Tannery Court housing portfolio increases, the buildings will continue to be governed using the co-operative philosophy and remain part of APHL's (Atlantic Peoples "Tannery Court will become Housing) initiative to promote and more than just housing develop affordable housing for families, seniors and non-elderly ... it will feel like home" singles throughout Atlantic Canada. A residence representative, reporting directly to the property manager, is established in each of our current Moncton and Fredericton Tannery Court locations, and the same is planned for our Saint John project. This will allow residents to play an integral role in the day-to-day decisions required to operate their building. This project will address both the shortage of housing options for non- elderly singles and the lack of suitable barrier-free housing in the Saint John area. Potential clients will be defined as those, without a dependent, who are finding it difficult to obtain safe, suitable, and modest affordable accommodations. Access to Federal and Provincial grants combined [Tannery Court-Saint John Page 3 of 24 1 140 with a modest design enables Tannery Court Co-operative Limited to provide safe, suitable housing at an affordable rent level. Tannery Court will be applying to have 49 of the 50 units designated under the Department of Social Development's Affordable Rental Housing Program (ARHP) . Our goal is to provide all residents of Tannery Court-Saint John with a sense of family through fellowship in the non-profit co-operative. This is achieved by creating accommodations that are more than just housing by offering such features as: 1. Security ------ ■ Video surveillance ■ Secure entrance system 2. Affordability ■ All units will be rented based on CMHC's published maximum rent level for affordable housing in the Saint John area. ■ Rents subsidized by the Department of Social Development under the Affordable Rental Housing Program 3. Services ■ Gathering room for residents ■ Laundry facilities on site ■ Outdoor space ■ Community outreach program iff Dedicated, hands on management and support Tannery Court is intended to feel like home in conjunction with creating a sense of belonging to the community. 11 =1�41 A"W"NA Board and Co-operative Structure Tannery Court Co-operative Limited was established to act as a catalyst in the development of affordable housing for non-elderly singles. In partnership with the Province of New Brunswick, Tannery Court Co- Tannery Court-Saint John 11 Page 4 of 24 1 141 operative Limited has previously developed a 40 unit housing complex in Moncton, NB and a 50 unit housing complex in Fredericton, NB. This newest development proposed for Saint John, is in keeping with Tannery Court Co-operative Limited's plan to further develop and operate similar projects in communities where there is a demand for safe, affordable housing. Tannery Court-Moncton 79 High Street 40 Units - February 2006 Tannery Court-Fredericton 333 Cliffe Street 50 Units - July 2007 The Tannery Court Co-operative board of directors consists of 5 members; 3 members appointed by Avide Developments and 2 resident representatives elected by the tenants at the current Tannery Court locations. These resident representatives hold a seat on the board of directors and contribute to the decision making of their facilities while acting as liaisons between the owners of Tannery Court and the building tenants. J: 12 HA APHL has been meeting affordable housing needs for over 30 years. It is our experience, coupled with the understanding and respect we have for our clients, that drives our effort to create not just housing, but integrated communities. APHL, already a successful and trusted name in the delivery and management of social housing, will also be the property management � TanneKy Court-Saint John Page 5 of 24 1 142 team responsible for the -day-to-day operation of the building and interaction with residents. With the help and support of APHL, Tannery Court-Saint John will join the extensive list of seniors, special needs and affordable housing projects, developed and/or managed by APHL. The following is but a sample of projects: Tannery Court o Moncton, NB o Fredericton, NB • Peoples Park Tower (seniors), Moncton, NB • Confederation Housing Co-operative, Summerside, PE • La Co-op&ative d'Habitation "Oasis" Lt6e., Tracadie, NB • Miramichi Vista Housing Co-operative, Miramichi, NB • Cornerstone Accessible Housing, Moncton, NB • Pierre Caissie Centre (juvenile assessment center), Moncton, NB • Royal Oaks Non Profit, Charlottetown, PE • Mount Pleasant Condominiums, Moncton, NB Since 1974, APHL has been involved in the development and/or management of 55 projects with a total of 1,635 housing units making it one of the most significant social housing delivery agencies in Atlantic Canada. The goal for Tannery Court-Saint John is to become a successful non- profit housing operation while meeting the Department of Social Development's current housing mandate by providing suitable and affordable accommodations to individuals who have limited incomes. With co-operative principles in mind, the residents will have a participation role in the operation of their building. From co-ordinating I Tannery Court-Saint John I Page 6 of 24 143 tenant events to planning -operational spending, residents of Tannery Court-Saint John will be contributing to the success of their housing community. The targeted clientele for this project will be non-elderly singles on a fixed or limited income. Tannery Court will be successful in large part because 49 of the 50 apartment units will be offered to those on waiting lists managed by the Department of Social Development (DS D). All applicants will be interviewed and credit references checked. Successful applicants will be those who show not only the greatest need but also how well they will fit within the community to be created. The units will form part of the Department of Social Development's Affordable Rental Housing Program which not only guarantees the tenant pays no more than 30% of their income on rent but also provides a reliable income stream to the owner by guaranteeing occupancy. Initial Rent The rents at Tannery Court will be based on CMHC's published maximum rent level for affordable housing in the Saint John area. Currently, the maximum rent for a 1-bedroom level 2 apartment in Saint John is $550.00 excluding utilities. Much of the rental market in Saint John is older stock and the average rent is uncharacteristically low. Consequently the rental charge for a I bedroom at Tannery Court-Saint John has been set at an appropriate affordable rate of $600.00. This proposed rental structure reflects today's cost of construction in the Saint John area. I-Tannery Court-Saint John I Page 7 of 24 1 144 The new Tannery Court in Saint John will be managed by APHL's experienced property management division. These new units will benefit from and share in many of the services already in place within APHL's existing portfolio of managed developments. Reception services will be located at APHL's existing offices in Moncton. Reception is equipped to receive calls, Monday to Friday 8:00 am to 8:00 pm and 8:30 an to 3:30 pm on weekends. After hours, calls are maintained by an answering service. Tannery Court Co-operative Limited plans to include an office within the Saint John building, where a dedicated Property Manager will maintain specified office hours. In addition to the Property Manager, a live-in building superintendent will be hired to handle the routine maintenance and general supervision of the building during and after the manager's business hours. Ongoing property management will include monthly financial statements that will be reviewed and monitored as required to guarantee the project's financial stability and viability. Working with the Department of Social Development, APHL will ensure suitable applicants with the greatest need will be given housing priority. APHL's maintenance team will Provide yearly inspections and co- ordinate scheduled maintenance and repairs. APHL's administration staff will also provide yearly and long-range maintenance plans to ensure ongoing upkeep of the property. � Tannery Court-Saint John_ I Page 8 of 24 1 145 SITE The proposed building will be located on Bentley Street in the Douglas Avenue area of Saint John. This site is ideal for an affordable housing project, located in the Douglas Avenue area of Saint John in close proximity to the Downtown core through the walking trail; tenants will have easy access to public transportation and community services. The following services are within 1 mile of the proposed location; • Grocery Stores • Pharmacies • Convenience stores and gas bars • Banks • Medical Center • Department of Social Development office Zoning The site is currently zoned B-2 (General Business) and will require re- zoning to accommodate our planned 50 unit building. An application for a zoning by-law amendment will be submitted to the City of Saint John to re-zoned to RM-2 (High Rise Multiple Residential). WITITI_1176_�= Construction will consists of a slab-on-grade with all 4 floors above ground. This wood frame building will contain 49 - 1 bedroom apartment units and 1 - 2 apartment bedroom unit over 4 floors and will include an elevator, a gathering room; complete with kitchenette for I Tannery Court -Saint John I Pa c 9 of 24 146 tenant functions, and common laundry facilities. Construction materials will be a mix of traditional and contemporary exterior finishes, masonry cladding and hardiplank, with an inviting glass entrance system modelled after our first two Tannery Court buildings in Moncton and Fredericton. Four of the units will be wheelchair accessible and all service rooms will be located on the first level. (See Appendix 'C' - Building Layout) Interior finishes are to include; drywall ceilings and walls with a paint finish, ceramic floor tile in washrooms with vinyl strip flooring in the remainder of the unit. Unit Description Standard Unit The standard units will have one-bedroom, full service kitchen complete with apartment sized refrigerator and range; 3 piece bath with shower, and storage room within the unit. Accessible, Unit Tannery Court-Saint John I - Page 10 of 24 147 The accessible units will have one-bedroom, a separate living area and full service kitchen complete with built in wall oven, cooktop and full size refrigerator. The washroom will be barrier free, providing a site built roll-in shower complete with all required grab bars. I Tanne_ry Court-Saint John Page 11 of 24 1 UM r ' ���� The proposed unit breakdown will be: Description No. of Units Size (Sq.Ft.) Type A- 1- Bedroom (Accessible) 4 600 Type B -1- Bedroom (Standard 45 450- _Type A-2-Bedroom(Live-In Super) 1 800 - (See Appendix 'D'- Unit Layouts) Energy Efficiency Our previous Tannery Court-Moncton project, part of the Atlantic Home Warranty Program, was a unique building as it was the first affordable multi-unit housing project designed, built, and certified to R-20DO standards within New Brunswick and winner of the Canadian Home Builders' Association New Brunswick Energy Efficient Community 2007. Tannery Court intends to continue with this trend by maximizing affordability for the non elderly single tenants, most of who are on fixed or limited incomes by providing viable energy efficient solutions. Construction specifications and operating initiatives for the new Saint John building provide for exterior walls to be rated at R-20 with the ceiling rated at R-40. Low E Argon, double glazed windows throughout to ensure an abundance of natural lighting while maintaining superior energy efficiency. Energy efficient NuTek electrical boxes on all exterior walls, made with a closed cell foarn gasket around the drywall flange and cable entry tabs, forming an automatic 100% airtight seal when installed. All of the 50 units within Tannery Court-Saint John as well as the common areas will be equipped with an HRV, air handling system, delivering superior indoor air quality by allowing fresh air to circulate throughout. I Tannery Court-Saint John Page 12 of 24 149 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 25 -35 Bentley Street, having an area of approximately 1.4 acres, also identified as PID number 00369090, from "B -2" General Business to "RM -2" High Rise 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 ARRETE No C.P. 110 - ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : L'arr&6 sur le zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modfii6 par: 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 approximative de 1.4 acres, situ6e au 25- 35, rue Bentley, et identifiee sous le NID 00369090, de zone commerciale g6n6rale B -2 >> a zone de tours d'habitations a logements multiples <<RM -2». - toutes les modifications sont indiqudes sur le plan ci joint et font partie du pr6sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 le 2008, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture iR181 Attn: Mayor Court & Common Council August 26-08 City of Saint John Good Day, My name is Brian Arbo of 22 Clipper Passage (Bentley Crossing) in Saint John, my wife Trudy and I would like to add our names to the list of residents who oppose the re-zoning of 25-35 Bentley Street and the resulting construction of a fifty unit, 3 or 4 storey apartment building. Our reasons for opposition of this project include the simple fact that a building of this magnitude, situated on such a small parcel of land is an absolute contradiction to the current atmosphere and character of this neighborhood. It is my understanding that the current plans include only 24 parking spaces for the almost 50 suites and no visitor parking. As it stands now there is an obvious shortage of parking for the current residents of the area. I am familiar with the requirements and conditions that the city placed on the development of Bently Crossing and that the resulting added costs for landscaping and "property give back for public spaces" was passed on to us the purchasers of the units. Any new developments in the area should also include similar conditions. Also of concern is the beautiful heritage atmosphere & character of the Douglas Ave. area fronting this site. Although we are strong proponents of new modem developments, we do wish to maintain the original character of the neighborhood. Any new additions must be developed with this goal in mind. Buildings that are designed to house a mass quantity of residents in a very limited space and provide them with little or no outdoor or common spaces should be seen as "not in the best interest of the residents or the neighborhood". My wife and I recently moved to Saint John from Vancouver and now that we have a small child we are becoming increasingly aware of the lack of recreational spaces in our area, if this parcel of land cannot be used to create a much needed park or other recreation facility, then every effort must be made to avoid over populating the neighborhood and further stretching its resources. We- are not opposed to a residential development or even commercial for this site, however we believe that better planning for the community in general is in order from our city planners. Thank you for taking the time to read our concerns as we trust you and your staff will exercise the appropriate due diligence while executing your mandates. Kind regards, Brian, Trudy & Cadence Arbo, 22 Clipper Passage Saint John, N.B. 647-3215 btarbo@rogers.com CC: Public Advisory Committee Saint John City Mayor & Council 151 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse i 'g Postal Code/ Code postal 62 Ic — S Kf2_ Telephone Number / Numdro de tdldphone Home / Domicile J J -1. 2 Work / Travail Fax Number / Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si different) / 1 Address / Adresse --En Pt-Q,,, 4=,A- lg� ` —TCIT Property Information / Renseignements sur la propriete Location / Emplacement Civic # / No de voirie Postal Code / Code postal: / Rue Lot Area / Superficie du lot ',D-f— +-14 ` 2 Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd Va Ca ,,A= Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipaRffi - Present Zoning / Zonage actuel _I 2m"-r Amendments Requested / Modifications demandees PID / NIP Municipal Plan / Plan municipal [t,eange Land Use Designation to / Modifier la ddsignation de Putilisation des terres A �O PiP,YM) U in e L an or / ou 1 -g I Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -lad ❑ Chang and /or ❑ Text F Arretd sur le Zonage ing to / Modification du zonage A (indicate particulars on attachment) / Modification due texte ( indiquez les ddtails en annexe) 152 Proposed Municipal Plan Amendment to the Millidgeville Secondary Plan 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 (PID 00449553.)" 153 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de 1'entente relative a I'article 39 Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur M k. Ca UAn a (6 Lbzne S I A r , Mailing Address of Applicant / Adresse postale du demandeur I I Vjd fee t.itW 6c, Ce Sa i n� Jo Postal Code / Code postal E2. K S K 2 Telephone Number / Numdro de telephone: Home / Domicile 6,5 G — ( 3 Z Z Work / travail Fax Number / Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si different) SL04�1 S h F—niu pr i S e S 22R Metc-a,kf St.. Saint JcAt\ . �Ag Postal Code / Code postal E2K I K7 Existing Resolution / Resolution actuelle Date of Resolution to be Amended / Date de la rdsolution A modifier I q O c-A- . 1 9'F $ (ag rcehnC'-d loaf.) Location / Emplacement 4"/3 Soar IS t4e4J kDad Z�YQS S 3 Civic No. / No de voirie Street / Rue PID / NIP Applicant's Interest in Property / Intdret de demandeurs dan la propridtd Obi } j 1) n ipu f ACA What is your Proposal? / En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin entierement cotd illustrant votre proposition. (Ddcrire la proposition en detail) S ❑ A fee o 00.00 is enclosed in the forrp- Ci joint e frais de 300 $ sous forme de Signature of Applicant / Signature du demandeur Date ue or Money Or Oeryhade payable to the City of Saint John. Me rn�;p6stoibelld A Pordre de The City of Saint John. Signature of the owner must be included. / Lasignature due propridtaire doit titre incluse. Signature of Owner (if applicable) / signature du propridtaire (s'il y a lieu) Date 154 PROPOSED MUNICIPAL PLAN AND SECTION 39 AMENDMENTS RE: 443 BOARS HEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan and consider a proposal at its regular meeting to be held on Tuesday, September 2, 2008 at 7:00 p.m. in the Council Chamber, by: 1. Amending 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 (PID 00449553.)'" 2. Amending the Section 39 conditions imposed on the September 12, 1988 rezoning of the subject property located at 443 Boars Head Road, also identified as PID No. 00449553, to permit a revised proposal. (INSERT MAP) REASON FOR CHANGE: To pen-nit the development of three - storey apartment buildings. The proposed amendments 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. PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET L'ARTICLE 39 OBJET: 443, CHEMIN BOARS HEAD Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et indique son intention d'examiner une proposition, lors de la reunion ordinaire qui se tiendra le mardi 2 septembre 2008 A 19 h daps la Salle de Conseil, en apportant les modifications suivantes: 1. La modification de Particle 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : prcjets et propositions relatifs au secteur d'am6nagement « D » : chemin Boars Head) en ajoutant la phrase suivante A la suite du deuxi6me paragraphe sous la rubrique Th6matique et caract6ristioue de I'am6na.eg Went» : u Les immeubles A logement peuvent aussi titre am6nag6s sur la parcelle de terrain situ6e au 443, chemin Boars Head (NID 00449553.) » 2. Modification des conditions de I'article 39 impos6es relativement au rezonage du 12 septembre 1988 du terrain en question situ6 au 443, chemin Boars Head, et portant le NID 00449553, pour permettre la preparation d'une proposition r6vis6e. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre 1'am6nagement de logements multiples de trois 6tages. Toute personne int6ress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de I'urbamsme et d6veloppement a I'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi. sauf les jours f6ri6s. 155 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: 443 Boars Head Road - September 2, 2008 - Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): August 5, 2008 & August 26, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: E] 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 iP11 -1 Ito e] BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending 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 (PID 00449553.)" 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 ARRETE No C.P. 105 -_ ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conseil communal, The City of Saint John a edicte ce qui suit : L'arr&6 relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par: 1 la modification de Particle 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'am6nagement << D )) : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique « Th6matique et caract6ristique de 1' am6na eg ment » : Les immeubles a logement peuvent aussi titre amenages sur la parcelle de terrain situee au 443, chemin Boars Head (NID 00449553.) EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures sutvantes : Common Clerk/Greffiere communale IWel C:.-..♦ D --A. -- Premiere lectiire August 27, 2008 Your Worship and Councillors: SUBJECT: Municipal Plan and Section 39 Amendment Application 443 Boars Head Road On July 21, 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 August 26, 2008 meeting. Mr. Andrew Toole, of Terrain Group Inc., appeared on behalf of Mike Cavanaugh Homes Inc. to speak in support of the application. Mr. Toole indicated that they were in agreement with the attached report and recommendation. Mr. Hodges Hamm also appeared to speak in support of the application. Mr. Peter Pappas appeared with concerns regarding the application. Mr. Pappas noted that he did not oppose the project, but only wished to have a buffer provided between the subject site and his property at 435 Boars Head Road. The Committee discussed the requested buffer and Mr. Toole noted that the applicant would likely be in agreement with providing the requested buffer with trees or other vegetation. After considering the report and presentations, the Committee made the revised recommendation as set out below. The Committee also approved the proposed dwelling group as a conditional use and did not impose any additional terms or conditions. RECOMMENDATION: That Common Council 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" : 160 Planning Advison- Committee August 29, 2008 Page 2 "Apartments may also be developed on the parcel of land located at 443 Boars Head Road (PID 00449553)" 2. That Common Council amend the Section 39 conditions imposed on the September 12, 1988 rezoning of the subject property located at 443 Boars Head Road, also identified as PID No. 00449553, to read as follows: a. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, strictures, parking areas, vehicular manoeuvring areas, driveways, signs, landscaping, including a vegetated buffer between the subject site and the adjacent property at 435 Boars Head Road (PID No. 00049833) and other site features; b. All parking areas, vehicular manoeuvring areas, driveways, and landscaped areas be enclosed with cast -in -place concrete curbs where necessary to facilitate proper site drainage and protect landscaping; c. Development of the site be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate, including the installation of any necessary catch basins; d. Development of the site be in accordance with a storm drainage study demonstrating no net increase in storm drainage flow from the area, subject to the approval of the Department of Municipal Operations and Engineering, and that no building permit be issued for the development until such time as the plan has been approved; e. Development of the site be in accordance with a detailed servicing study, prepared by the developer's engineering consultant and subject to the approval of the Chief City Engineer or his designate, ensuring that existing infrastructure capacities are adequate to service the proposed development; f. All main buildings be serviced by municipal water and sewer and underground public utilities; g. The facades of all main buildings be constricted in accordance with a detailed elevation plan prepared by the developer and subject to the approval of the Development Officer; h. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and elevation plans be completed within one (1) year from the issuance of a building permit for the development. 161 Planning Advison- Committee August 29, 2008 Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -234 162 Page 3 DATE: AUGUST 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 26, 2008 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Mike Cavanaugh Homes Inc. Name of Owner: Scottish Enterprises Ltd. Location: 443 Boars Head Road PID: 00449553 Municipal Plan: Low Density Residential Zoning: "RM -1" Three Storey Multiple Residential Proposal: To develop four three- storey apartment or condominium buildings with a total of 48 dwelling units. Type of Application: Municipal Plan and Section 39 Amendments, and Conditional Use to permit a dwelling group in the "RM -1" Three Storey Multiple Residential zone. JURISDICTION OF COMMITTEE The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendments. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, September 2, 2008. 163 Mike Cavanaugh Homes Inc. 443 Boars Head Road Page 2 August 22, 2008 Common Council has also requested the views of the Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at the same Public Hearing. The Zoning By -law authorizes the Committee to impose terms and conditions upon the establishment and operation of a dwelling group in the "RM -1" Three Storey Multiple Residential zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council 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 (PID 00449553.)" 2. That Common Council amend the Section 39 conditions imposed on the September 12, 1988 rezoning of the subject property located at 443 Boars Head Road, also identified as PID No. 00449553, to read as follows: a. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, strictures, parking areas, vehicular manoeuvring areas, driveways, signs, landscaping and other site features; b. All parking areas, vehicular manoeuvring areas, driveways, and landscaped areas be enclosed with cast -in -place concrete curbs where necessary to facilitate proper site drainage and protect landscaping; Development of the site be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate, including the installation of any necessary catch basins d. Development of the site be in accordance with a storm drainage study demonstrating no net increase in storm drainage flow from the area, subject to the approval of the Department of Municipal Operations and Engineering, and that no building permit be issued for the development until such time as the plan has been approved; e. Development of the site be in accordance with a detailed servicing study, prepared by the developer's engineering consultant and subject to the approval of the Chief City 164 Mike Cavanaugh Homes Inc. 443 Boars Head Road Page 3 August 22, 2008 Engineer or his designate, ensuring that existing infrastructure capacities are adequate to service the proposed development; f. All main buildings be serviced by municipal water and sewer and underground public utilities; g. The facades of all main buildings be constricted in accordance with a detailed elevation plan prepared by the developer and subject to the approval of the Development Officer; h. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and elevation plans be completed within one (1) year from the issuance of a building permit for the development. 3. That the Planning Advisory Committee impose no additional terms or conditions on the development of a dwelling group on the subject site. BACKGROUND: In 1988, the subject site was rezoned from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential pursuant to Section 39 conditions limiting the use of the site to a specific proposal for 24 two - storey townhouse units in two five -unit and two seven -unit blocks, located on a private driveway with a common parking area. In addition, the conditions and associated agreement required approvals from the City regarding: water and sanitary servicing, storm water management, paving, curbing and landscaping, easements, underground utilities, driveway width, elevation plans and exterior finishing materials. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the requested Municipal Plan and Section 39 amendments: a) Detailed engineering plans for water, sewer and streets must be submitted to the City for review; b) As per a Council Report, dated July 24, 2007, this area has been identified as being within an area where new development proposals are required to demonstrate no net increase in storm drainage flow from the area, until such time as the capacity of downstream systems (both surface and sub - surface) have been sized to handle any additional flows. The developer must provide a site drainage plan/report indicating how storm water collection and disposal will be handled and that it will not adversely impact adjacent properties and will adhere to the 165 Mike Cavanaugh Homes Inc. 443 Boars Head Road Page 4 August 22, 2008 adopted Council recommendation. Upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must be submitted concerning this; c) The developer's engineering consultant must ensure that the existing water system provides sufficient quantity and pressure for the proposed development; d) The developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peals flows from the proposed development; e) All grades for water and sewerage systems must be verified by the developer; and f) The development will require water, sanitary sewer and storm mains, concrete curbs, concrete sidewalks, landscaping, underground public utilities and street lighting. Building and Technical Services has no comments at this point in the process. Saint John Transit provides service in this area with the Millidgeville bus and is supportive of high density development. Saint John Energy has overhead facilities in the area. An extension of facilities will be required to service the proposed development, and this will be dealt with at a later date with the developer. Aliant Telecom has advised that there are overhead facilities in the area. An extension of facilities will be required to service the proposed development, and this will be dealt with at a later date with the developer. Maritimes & Northeast Pipeline has advised that this area is all clear and that the proposed development will not be near the Maritimes and Northeast Pipeline facilities. Fire Department has been advised of this application. School Board has been advised of this application. ANALYSIS: Subject Site and Neighbourhood The subject site is located on Boars Head Road, west of the Wesleyan Church and across from the Kennebec Manor in Millidgeville. The undeveloped site has approximately 19 metres (62.3 feet) of frontage on Boars Head Road, and contains approximately 1.08 hectares (2.67 acres) of area. 166 Mike Cavanaugh Homes Inc. Page 5 443 Boars Head Road August 22, 2008 As previously noted, the surrounding area contains several institutional uses, including the Wesleyan Church, Kennebec Manor, Chateau de Champlain and the Millidgeville North and Samuel de Champlain schools further to the west of the site. Aside from these uses, the surrounding area to the southeast and west is primarily made up of single - family and two - family dwellings, and the area to the northeast of the subject site contains Brentwood Tower condominiums and a number of townhouse developments. There are also several large, currently undeveloped parcels of land to the south and southwest of the subject site. Development Proposal and Zoning By -law Requirements The applicant is proposing to constrict four three- storey condominium or apartment buildings, each with a ground floor area of approximately 475 square metres (5,113 square feet) and containing 12 dwelling units per building. These building would share a common access from Boars Head Road with four connected parking areas, as generally shown on the attached site plan. This proposal is still in the preliminary stages of design, and as such, the applicant cannot provide much detail on the proposed development. Based on the information and site plan provided, it appears that the proposed development can satisfy the requirements of the Zoning By -law. Although the attached plan does not illustrate landscaping plans, the Zoning By -law requires that landscaping including trees, shrubs or hedges must be included between the parking areas and the adjacent residential property lines. If any other variances are required, they will be considered when more detailed plans are submitted. In order to permit the proposed development, the applicant is seeking to amend the Section 39 conditions imposed on the 1988 rezoning of the subject site to "RM -I" Three Storey Multiple Residential. As noted in the Background section of this report, these conditions restricted the development of the site to a specific proposal for 24 two - storey townhouse units in four blocks on a private driveway and with a common parking area. The Planning Advisory Committee must also consider this proposal as a conditional use for a dwelling group for the four proposed buildings on the lot. Municipal Plan Direction The Municipal Plan has designated this area of the City as Low Density Residential, permitting development at overall neighbourhood densities not exceeding 38 dwelling units per net residential hectare (15 dwelling units per net residential acre). The proposed development, in itself, would constitute approximately 44 dwelling units per net residential hectare (17.5 dwellings per net residential acre). When considered in concert with the adjacent single - family dwellings along Boars Head Road and two - family dwellings on Cambridge Drive; however, the overall neighbourhood density would be well below those maximums set out by the Municipal Plan. 167 Mike Cavanaugh Homes Inc. 443 Boars Head Road Page 6 August 22, 2008 The Plan also directs that apartment buildings should be developed on sites nearest to the focus of community facilities and district centres, and where the individual buildings are so situated that they: a) enhance the visual image of the City; b) do not rise in locations which are isolated from other urban facilities and are out of scale with surrounding development; c) create focal points that facilitate the identification of important locations in the City; d) do not interfere with the visual amenities of lower density residential areas by reason of their bulls; e) do not overshadow, block light and air to the lower density residential strictures; where development will no result in the flow of excessive vehicular traffic on local street serving areas of lower density residential uses; and f) have adequate public services such as sewers, water supply, schools and parks. The current proposal for three- storey apartment or condominium buildings is adjacent to a developing single- and two - family residential development and is in the vicinity of an existing high -rise condominium building and townhouse development. As such, the proposed development is consistent with the policy directives in the Municipal Plan. Further residential development is planned for the adjacent Cambridge Estates neighbourhood, and there are a number of institutional and commercial uses within the wider Boars Head Road - Millidge Avenue area including schools, churches, offices, and neighbourhood commercial uses. Millidgeville Secondary Plan Direction and Required Amendment The Millidgeville Secondary Plan has established a number of general objectives for residential development in Millidgeville focused on maintaining a quality residential environment with City services, preserving the natural environment where possible and ensuring the appropriate location of different forms of housing consistent with neighbourhood character. The subject site is located in the Plan's Development Area D: Boars Head Road, which permits an Intensity 5 and 6 mix of residential densities. Intensity 6 directs that development shall consist of a possible combination of one - family dwellings, two - family dwellings, townhouses and apartments developed in a manner to produce compatibility of the mix of dwelling types, with the net intensity of development for a development area not exceeding 30 dwelling units per hectare, and for an individual site, the net density shall not exceed 70 dwelling units per hectare. The current proposal of 44 dwelling units per net residential hectare on the individual site is well below this maximum for Intensity 6. Mike Cavanaugh Homes Inc. 443 Boars Head Road Page 7 August 22, 2008 Although the proposed development is in keeping with the residential densities set out for the Boars Head Road Development Area, a text amendment to the Secondary Plan is required to permit the proposed apartment buildings. In particular, the Development Theme /Character for the area in the Plan states that "the higher land to the south would be most appropriate for one - family dwellings" and a recent amendment to the Plan added that "an Intensity 6 mix of one - family and two - family dwellings, townhouses and apartments could also be developed on the higher land to the south" for the adjacent Cambridge Estates development. The Plan amendment proposed by the applicant would add the statement that "apartments may also be developed on the parcel of land located at 443 Boars Head Road (PID 00449553) ". The Secondary Plan also directs that a visual buffer should be developed or maintained along Boars Head Road, that developments should be served by internal streets, and that all services in the area should be of the highest standard including underground wiring. These requirements and the general objectives and policies of the Plan should be applied to the current proposal to ensure that the objectives of the Millidgeville Secondary Plan are met. CONCLUSION: The proposed rezoning and use of the subject site to permit the proposed three- storey apartment or condominium buildings can be supported given the location of the site on a collector street adjacent to an existing and developing residential area and established institutional and commercial uses. However, given the lack of detail provided at this preliminary stage of development and the direction of the Municipal and Millidgeville Secondary Plans, it is recommended that conditions be applied to the rezoning to govern the development of the site and the appearance of the proposed three- storey buildings. SKH Project No. 08 -234 169 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT `mater Cf, •aa. �o co �rer� R-1 arots, 6---d Cr. od ............ ........ I ........ .VfdodNartl'IM. .n •'•I a- � •, y I.I. �.. "•• � I — 1 R= 1 �•, eh. Boars y��d �A. I . •' *.. R -1B cr � Ra 1 B . 1 i• " ......... d„.,goaro Hefid Rd. M.................... IL = I- Y R— 1B ¢ r z_ E o. R —2' 3: one Subject Site /site en question: ,'} �'.n�_�'� PID(s) /NIP(s): 0044953 Location: 443 chemin Boars Head Road Date: July 24, 2008 Scale /echelle: Not to scale /Pas a Mchelle 170 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de Ia resolution ou de Pentente relative a Particle 39 Applicant Related Information / Renseignements sur le demandeur } k) lam A rJ Ha >1 Bey FFE_ s:1bI;�)T- Name of Applicant/ Nom du demandeur _ ®�? &D K I IM I -� `;�� Mailing Address of Applicant / Adresse postale du demandeur B 0. 9 ox 2 p 4 1 S, %N —r Postal Code / Code ostal p 1�.2.L T5 Telephone Number-/ Numdro de tdldphone: c� Home / Domicile L — r email -Exqb*m+rr / Numdro de tdldcopieur L t• 47— -M4iL Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) l`� Postal Code / Code postal Existing Resolution / Resolution actuelle Date of Resolution to be Amended / Date de la rdsolution A modifier OCtobex, 17 -2A02 Location/ Emplacement 7 ` �.. / N 3 i L'•ST, 1 Civic No. /No de voirie Applicant's Interest in Property / Intdret de demandeurs dan la propridtd Street / Rue What is your Proposal? / En quoi consiste votre proposition? I'!�Y PID / NIP Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin entierement cotes illustrant votre proposition. (Ddcrire ]a proposition en ddtail) see ❑ A fee of $300.00 is enclosed in the form of a ch que or Money Order made payable to the City of Saint John. Ci joint des frais de 300 $ sous forme de chdqu�ou de mandat -poste libellyd ;k I'ordre de The City of Saint John. Signature of Applicant / Signature du demandeur Date �{ Q Signature of the owner must be included. / Lasignature due propridtaire doit @tre incluse. Signature of Owner (if applicable) / signature du propridtaire (s'il y a lieu) Date r ,� •r N ti . ............ v 81 , 150y ej -2 .... ...... ........... . . ....... r.::> ;4U 14/� LAjl7"A:)k )T- .,,1 17' . . . .. ... .. ... ....... . ..... ... . . ....... ..... A� AI `77 - 9 l L6r%s+er 8tree� . -. - __ 'Man 1 % 500 I'll 1 • • Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Tuesday, September 2, 2008 at 7:00 p.m.. by: Amending the Section 39 conditions imposed on the October 17. 2002 rezoning of the property located at 77 -91 Leinster Street, also identified as PID Numbers 00009423, 55147292, 55147300, and 00018549, to permit a revised proposal. REASON FOR CHANGE: To permit a synagogue or church, museum, community centre and parking area. 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 l Par les presentes. un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra daps la Salle du Conseil le mardi 2 septembre 2008 a 19 It en apportant les modifications suivantes : Modification des conditions imposees en vertu de ['article 39, le 17 octobre 2002. relativement au rezonage de la propriete situde au 77 -91, rue Leinster et portant les NID 00009423, 55147292, 55147300, et 00018549, pour penrtettre la presentation dune proposition revisee. ISON DE LA MODIFICATION: Permettre une synagogue et une eglise, un musde. tin centre communautaire et une wire de stationnement. Toute personne intdressee peut examiner la modification proposee au bureau du greffier communal ou au bureau de I'urbanisme et du ddveloppement a I`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 feries. Veuillez Faire part de vas objections au projet de modification par dcrit a ('attention du soussignd a ['hotel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 LO r` City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: (506 ) 658 -2862 Fax: (506 ) 674 -4214 Special Instructions (if any): Reference: 77 -91 Leinster Street, S39 Amendment, September 2, 2008 Public Hearing Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad "SJTJ Independent Placement " SJTJ Classifieds Date(s): August 5, 2008 & August 26, 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 Gonnley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 Q0 ti Fi -M i John W Doyle, Managing Director Friday, July 25, 2008 City of Saint John Planning & Development P.O. Box 1971 Saint John, N.B. E2L 4L 1 On behalf of the Brenan Group Limited we want to acknowledge that we are aware of and in support of the application by the CONGREGATION SB AAREI ZEDEK, LIMITED to change the zoning of 91 and 77 -79 Leinster Street, Saint John, New Brunswick. identified under the Land Titles Act as Parcel Identifiers Numbers 18549, 55147292, 55147300 and 9423 from zoning as a funeral home to 132- General Business. ti ti We are fully in support of their application to seek zoning that will allow for this facility to serve as their synagogue and museum. If any further information is required please feel free to contact me at the numbers below, Ill MacMackin ice President 506 -632 -1135 ➢Br��Fner Home �&rmatorium B�renan's . :Bay View Funeral Home Ilaidmc l Q .N B ', %11 i6 V � Rc d, " cin cpficui N.I3 F i rX h aai 7124 ion ai a u1 7U 0 aul 4)11° aaa au� - m%6106 l¢ ��d� �„o��aD� %1% NN' v6'11q il11kAI.ummiI' 11 IS�o o %,� %m nm�avviLv III c.�au,iru,n Monday, July 28, 2008 City of Saint John Planning & Development P.O. Box 1971 Saint John, N.B. E2L 4LI On behalf of the 509779 N.B. Inc we want to acknowledge that we are aware of and in support of the application by the CONGREGATION SHAAREI ZEDEK, LIMITED to change the zoning of 91 and 77 -79 Leinster Street, Saint John, New Brunswick. identified under the Land Titles Act as Parcel Identifiers Numbers 18549, 55147292, 55147300 and 9423 from zoning as a funeral home to 132- General Business. Co We are fully in support of their application to seek zoning that will allow for this facility to serve as their synagogue and museum. If any further information is required please feel free to contact me at the numbers below, NMI fil ICU , IM, - August 29, 2008 Your Worship and Councillors: SUBJECT: Section 39 Amendment - 77 -91 Leinster Street On August 5, 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 August 26, 2008 meeting. Mr. Ray Glennie appeared on behalf of the Congregation Shaarei Zedek Ltd. and indicated that they were in agreement with the attached report and recommendation. No one appeared to speak in support of or in opposition to the application and no letters were received. After considering the attached report the Planning Advisory Committee adopted the recommendation as set out below. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the subject site at 77 -91 Leinster Street to permit the proposed synagogue, museum, community centre and commercial parking area. Respectfidly submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -346 179 DATE: AUGUST 22, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 26, 2008 1/4 Holly M ackin Planner, Dillon Consulting SUBJECT: Name of Applicant: Congregation Shaarei Zedek Ltd. Name of Owner: The Brenan Group Location: 77 -91 Leinster Street PID: 55147292, 55147300, 00018549 Municipal Plan: Uptown Regional Centre Zoning: "B -2" General Business Proposal: To convert the property into a Synagogue, museum, community centre and commercial parking area for the Congregation Shaarei Zedek. Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Tuesday, September 2, 2008 at 7:00 p.m. :m Congregation Shaarei Zedek Ltd. Page 2 77 -91 Leinster Street August 22, 2008 STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the subject site at 77 -91 Leinster Street to permit the proposed Synagogue, museum, community centre and commercial parking area. BACKGROUND: The subject site at 77 -91 Leinster Sreet, was rezoned to "B -2" General Business Zone in 2002 in order to permit the development of A.W. Cavanagh Funeral Homes. The Section 39 conditions placed on the properties at that time restricted the use of the site to a fiineral home. The Congregation Shaarei Zedek Ltd. has proposed to purchase the property and convert it from a funeral home use to a Synagogue, community centre, museum and commercial parking area. A Section 39 amendment is required to permit the proposed uses of the existing building. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed Section 39 Amendment: - Signage cannot be in the street Right -of -Way to impede traffic, pedestrians or maintenance and emergency vehicles; - It is understood from the application that parking will be provided on site and that no parking lot or driveway entrances will be changed; - It is understood from this application that existing water and sewer services will be utilized; and - It is understood from this application that no site drainage changes are being made. Building and Technical Services: has no objection to this proposal. Fire Department: has been notified of this proposal. Saint John Parking Commission: has been notified of this proposal. ANALYSIS: The subject property is located on the Central Peninsula east of King's Square at the corner of Leinster Street and Wentworth Street (see Figure 1). Buildings in the neighbourhood are predominantly 19t11 Century brick houses on small lots. Most of the area is residential, although a church sits near the site on Leinster Street. Shaarei Zedek Congregation has proposed to establish their Synagogue, the Jewish Historical Museum, and the Jewish Community Centre within the existing building at 91 Leinster Street (see Figure 2 and Figure 3). The applicant is not proposing any changes to the exterior of the building, other than the possibility of new signage. Interior renovations will be necessary to make the existing space appropriate for the proposed uses. The Synagogue will generally be in operation from 6:00 p.m. to 7:00 p.m. on Friday evenings, from 9:00 a.m. to 1:00 p.m. on Saturdays, and from 10:00 a.m. to noon on Sundays. From May 181 Congregation Shaarei Zedek Ltd. 77 -91 Leinster Street Page 3 August 22, 2008 until the end of October, the Museum will generally be open to the public from 9:00 a.m. to 5:00 p.m. Monday through Friday, and will be open the rest of the year by appointment only. In the future, the Congregation may consider leasing the existing parking area to the Parking Commission as the weekday parking requirements of the proposed uses would be minimal. The parking lot is on Leinster Street between the fiineral home and a modern apartment building and has space for approximately two dozen cars (Figure 4). Use of the site as a commercial parking lot, operated by the Saint John Parking Commission on weekdays, would provide much needed parking in the Uptown area without adversely affecting neighbouring properties. Given that the proposed uses are permitted within the "B -2" General Business Zone and the belief that this proposal will not adversely affect surrounding properties, staff recommends that the proposed Section 39 amendment be approved. M Congregation Shaarei Zedek Ltd. 77-91 Leinster Street Page 4 August 22, 2008 PLANNING AND DEVELOPMENTIURBANISME ET DtVELOPPEMENT 40. R L - I - 7- IL 24 P4 3 .3S -10 17t- IiB IL 9 lEa si 15L. 2Z3 4T --1E -L - 13E #4 IL Ab I V-7- 4 2 N 3- -11L 16 SZ-21 39 L-W4 - go I lb W.-W 1 10 ---- 11 .. V 1 r, 75 0L - 7D pi ,0 L R-1 42 86 T E-3 114— r --dr of IL JW YA L!3;12 PI D(s)IN I P(S)' Subject Siteisite en question: I I Location: 77-91, rue Leinster Street Date: July 29. 2008 Soalle)dchellle: Not to scale/Pas A k5chelle Figure 1.77 -91 Leinster Street. Location Map 183 00018549, 55147292, 55147300, 00009423 Congregation Shaarei Zedek Ltd. Page 5 77 -91 Leinster Street August 22, 2008 77-91 iir�s re i S Figure 2.77 -91 Leinster Street. Site Plan :m Congregation Shaarei Zedek Ltd. 77 -91 Leinster Street Page 6 August 22, 2008 Figure 3. 91 Leinster Street. Site Photo Figure 4. The parking area at 91 Leinster Street. DILLON Project No. 08 -346 185 I //f �/ /// / % /// / � �� / '- OINIUIIU�IpIIIIIIUINIVI�IUIUlfifm l rvi/ /w %, aryfYlyrl! �Ma% l�% �JJ/ iarlJiYr� 'J?J1YG�,2f1a,�,ref!�Po�'V�'Irl Figure 3. 91 Leinster Street. Site Photo Figure 4. The parking area at 91 Leinster Street. DILLON Project No. 08 -346 185 Congregation Shaarei Zedek Ltd. Page 4 77 -91 Leinster Street August 22, 2008 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT T6 27 29 01 . 1 0 % o 1 u 46 60 3 3 3 3 ,1; 17 ` I 1 � f1 • , ' 8 '8 34383 40 J4 , 333 9) 1 r 1 k 0 1' 19 18 20 36 37 10 12 2 38 0 28 21 40 ITT 18 29 42 176 30 3 18T 188 163 � r 16B M38 ° J8 161 16S 166 1 14 149 137 73 146 220 232 9 123 127129 77 210 214216 210 42 121 204209 208 l 116 118 1B2 198 es 180182 188 M 11111) y{ K "•J 1B6 1909° — • � '� a �Cing � I Cu 70172 174178 178 1821! as 16 ISO 7012 I L 1 •gym, \• 164168 1681 182 8 91 � 81 6 70 106 107 11 11 14 82 8 10 86 r, ; p� ti 1 tr �T 112 114 � cCam7%� � 1 fr �U� ~100 104 1 3 • IJ LJ�� 1 76 1 `'� t r 1 f l + 90 82 88 66 y 1 72 ' A 47 0 42 * � B- 86 86 �+ 66 O 90 r 96 96 268 27 27 20 266 267 269 CUB .M 26 66 ,� 1 ,. BB2 63 9p1.. � e � 280582 6 6 23 ♦ 1 + 262 264 Subject Site /site en question: g PID(s) /NIP(s): 00018549, 55147292, 55147300, Location: 77 -91, rue Leinster Street 00009423 Date: July 29, 2008 Scale /echelle: Not to scale /Pas a Mchelle Figure 1.77 -91 Leinster Street. Location Map Congregation Shaarei Zedek Ltd. 77 -91 Leinster Street - 77--91 Lehi er 8treet S � fie. Pion Page 5 August 22, 2008 Figure 2.77 -91 Leinster Street. Site Plan 187 l % 300 V Congregation Shaarei Zedek Ltd. + 77 -91 Leinster Street Figure 3. 91 Leinster Street. Site Photo Page 6 August 22, 2008 Figure 4. The parking area at 91 Leinster Street. DILLON Project No. 08 -346 :: I A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: I A by-law of The City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 197 immediately after Section 196 thereof, as follows: 197 The City of Saint John does hereby stop up and close permanently the following portion of highway: HIGHLAND STREET: All that portion of Highland Street, a public street in The City of Saint John in the County of Saint John and Province of New Brunswick, comprising 491 square metres and more particularly shown on a Plan of Survey, dated August 12, 2008 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the ** day of ***, A.D. 2008 and signed by: Mayor/Maire ARR.ftt MODIFIANT L'ARRkA SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DAMS 'THE CITY OF SAINT' JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cr&td ce qui suit : I Par les pr6sentes, Parr&6 de The City of Saint John intitul&, << Larrdt& sur Pinterruption de la circulation et la fermeture des routes dans The City of Saint John >), d6cr&0 le 19 d6cembre 2005, est modifi6 par Vajout de Particle 197 imm6diatement apr&s Particle 196, comme suit : 197 Par les pr6sentes, The City of Saint John barre et ferme de fagon pen-nanente la portion d'une route suivante -. RUE HIGHLAND: Toute la partie de la rue Highland, 6tant une rue publique situ6e dans The City of Saint John, dans le comt6 de Saint John et dans la province du Nouveau-Brunswick, d'une superficie de 491 metres carrels, plus part iculi&rement d6lirriit6e sur le plan d'arpentage ci-joint dat6 du 12 ao6t 2008, EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes Common Clerk/Greffi&re communale First Reading - Premi&e lecture - Second Reading - Deuxieme lecture - Third Reading - Troisi&me lecture - BY -LAW NUMBER C.P. 110 -82 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1060 Sandy Point Road, having an area of approximately 2.42 hectares, also identified as being a portion of PID number 55190193, from "B -2" General Business to "RM -2" High Rise 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: T�!! ARRETE N" C.P. 110 -82 ARRETt 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 d6cr&6 ce qui suit : L'arretd sur le zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de !'annexe aA)>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie approximative de 2.42 hectares, situ6e au 1060, chemin Sandy Point, et dtant une partie du NID 55190193, de zone commerciale g6n6rale a B -2 » a zone de tours d'habitations a logements multiples c <RM -2». - toutes les modifications sont indiqu6es sur le plan ci joint et font partic du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes : First Reading - August 18, #1 8 aout 2008 Reading Second 2008 ! euxi6me lecture - le 18 aout 2008 Amending Schedule "A" of the Zoning By-Law of The City of Saint John I Modifiant Annexe. (<A)) de IArret6 de zonage de The City of Saint John I�r ay o DUSOU B-2 General Business Zone commercial gdn&rale Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adopt6e par le conseil municipal en vertu de Particle 39 de la Loi suffurbanisme Applicant: Terrain Group Inc. on behalf of Caliber Consulting Limited Location: 1060 chemin Sandy Point Road PID(s)/NIP(s) Portion of/de 55190193 07NEO Drawn By/Cr66e Par: David Couture Date Drawn/Carte Crd6e: August 21 ao0t, 2008 Recommended by P.A.C.Iconsid6r6 par le C.C.U.: August 12 ao0t, 2.008 Enacted by Council/Approuv6 par le Conseil: Filed in Registry Office/Enregistr6 le- By-Law #/ArrC-t6 #: RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of a parcel of land located at 1060 Sandy Point Road, having an area of approximately 2.42 hectares, also identified as being a portion of P1D Number 55190193, be subject to the condition that: a. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, vehicular maneuvering areas, driveways, signs, landscaping and other site features, including a pedestrian connection to the trails proposed in the adjacent residential development and park areas; b. All parking areas, vehicular maneuvering areas, driveways, and landscaped areas be enclosed with cast -in -place concrete curbs where necessary to facilitate proper site drainage and protect landscaping; c. Development of the site be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate, including the installation of any necessary catch basins; d. Development of the site be in accordance with a detailed servicing study, prepared by the developer's engineering consultant and subject to the approval of the Chief City Engineer or his designate, ensuring that existing infrastructure capacities are adequate to service the proposed development; e. All main buildings be serviced by municipal water and sewer and underground public utilities; f. The facades of all main buildings be constructed in accordance with a detailed elevation plan prepared by the developer and subject to the approval of the Development Officer; g. All areas not occupied by buildings, parking areas and driveways be landscaped within one (1) year from the issuance of a building permit for the development; h. There be no vehicular access constructed from University Avenue, and the existing treed buffer must remain undisturbed in the area governed by the Tucker Park Trust. BY -LAW NUMBER C.P. 110 -83 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 105 Cranston Avenue, having an area of approximately 1,326 square metres, also identified as being a portion of PID number 55192199, from "R -4" Four Family Residential to "B -2" General Business. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2008 and signed by: �1 ARRETE N" C.P. 110 -83 ARRETE MODIFL4NT L' >EE.TE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a ddcrdtd ce qui suit : Uarret6 sur le zonage de The City of Saint John, ddcrdtd le dix -neuf (19) ddcembre 2005, est modife6 par: 1 La modification de I'annexe uA», Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie approximative de 1326 metres carr&s, situee au 105, avenue Cranston, et dtant une partie du NID 55192199, de zone r6sidentielle -- habitations de quatre Iogements «R -4>> � zone commerciale g6n6rale « B -2 ». - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arretd le 2008, aver les signatures suivantes 1, . i. Reading First 11 8 Premi&e lecture - le 18 aout 200,';, Second Reading - August 18, 2008 Deuxi�me lecture - le 18 aout 20W Third Reading Amending Schedule W of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arr &6 de zonage de The City of Saint John FROM 1 DE R-4 Four Family Residential / Zone r6sidentielle- habitations de quatre logements I• B -2 General Business 1 Zone commercial g6n &rale Pursuant to a Resolution under Section 39 of the Community Planning Act yy Conform6ment A une resolution adopt6e par le Conseil municipal en vertu de ell' I'article 39 de la Loi surFurbanisme Applicant: Hughes Serveys & Consultants Inc. on behalf of Ocean Capitol Investments Moncton Limited Location: 105 avenue Cranston Avenue PID(s)INIP(s) Portion of/de 55192199 (formerlylanciennement PID 26187) 06N88NW Drawn By1Cr66e Par: David Couture Date Drawn /Carte Cr66e: August 21 aout, 2008 Recommended by P.A.C. /c:onsid6r6 par le C.C.U.: August 12 aout, 2008 Enacted by Council/ApproM par le Conseil: RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land located at 105 Cranston Avenue, having an area of approximately 1,326 square metres, also identified as being a portion of PID Number 55192199, be subject to the following conditions: a. That the non - residential use of the site be restricted to a parking area serving the adjacent commercial use; b. All parking areas, maneuvering areas and driveway entrances be paved with asphalt and enclosed by continuous cast -in -place concrete curbs; c. Access to the site be restricted to the existing driveway on the adjacent site, on the other portion of PID 55192199; d. Adequate site drainage facilities, including any necessary catch basins, be provided in accordance with a detailed drainage plan to be prepared by the developer and subject to the approval of the Chief City Engineer or his designate; e. The developer install a concrete curb and sidewalk meeting City specifications along the entire Cranston Avenue frontage of the site; £ All areas not occupied by buildings, structures, driveways, sidewalks and parking areas be landscaped by the developer in accordance with a detailed landscaping plan to be prepared by the developer and subject to the approval of the Development Officer; g. Landscaping extend on to the City street right -of -way to the edge of the sidewalk, and the landscaping shall include suitable walls, fencing and/or hedging along those lot lines which abut residential properties; h. The site 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 buildings, structures, signs, parking areas, driveways, landscaped areas and other site features; i. The approved site and landscaping plans be attached to the building permit application for the development; and j. All work shown on the approved site and plans be completed within one year of building permit approval. To: Deputy Mayor Chase and Members of Common Council Whereas Municipalities across the country are exploring a ban on the sale Of 8ingle-use plastic bottles; Whereas the regulatory requirements for monitoring water quality contained in bottled water are not as stringent eo those that must bo met by the City uf Saint John; Who"*ma The City of Saint John delivers water to its residents and businesses at a fraction of the cost of of single use plastic containers; Whereas resource extraction, packaginganddinthbubnnofuinQ|e-uoobott|odwet ronsaV*»unnoconnmry air quality and climate impacts and consumes unnecessary resources such as oil in the manufacture of plastic and the fuel in the transportation of bottled water to consumers; Whereas single-use plastic bottles, although easily recycled, often end up in garbage bags and are ultimately delivered to landfill sites, taking up unnecessary space without any further contribution to society; Whereas City of Saint John tap water is readily available at most indoor facilities, either in the form of a faucets in the washrooms of from fountains, and where it is not available a plan be put inmotion to increase access to municipal water, subject to water quality and safety requirements, budget and other umnuidembonm� Whereas the City of Saint John tap water is safe, healthy and accessible to Saint JGhners and visitors, and more environmentally sustainable than single-use bottled water; Whereas A priority of Saint John Common Council remains that where easy access to municipal tap water does not exist, the availability of bottled water isa very appropriate alternative: VVhenoae the City Council wishes to set a positive example to the Saint John community on environmental matter uuwe strive Uu become u zero- waste culture Therefore Beb Resolved That: (i) single-use plastic bottled water will no longer be so|dinCitymwnedorCity —administered concession and vending machines in public facilities where easy access to municipal tap water exists (ii)single-use bottled water wiDnm|ongorbvpumhanedomdpnuvidwdp4mpptimgwwhvnnnesy access to municipal tap water exists; (iii) the availability of water jugs with municipal tap water bw|noraesod.vvhwraroquinad; (iv) a City staff and public awareness campaign be developed to support the rational for these important changes, including the need for Saint Johmomtodo their part: and v) a review of facilities and a schedule for implementation be put into place insuring tap water is readily available in all our facilities, Respectfully submitted, August 11, 2008 Your Worship Ivan Court and members of Council, I move that I am, and other members of Council, able to ask the Chief of Police to give Council an overview concerning his new position and to also thank him for the great job he has done for our community in establishing community policing and policing in general. Councillor The City of Saint John 197 August 12, 2008 His Worship and Members of Council Re: Transit Review A number of months ago Council has approved a budget for the Transit Commission to hire a firm to do a review of the bus routes around our city. I am wondering where this report stands, who are the groups and people being consulted and approximately when this report will be completed and at what coast. I move that the City Manager, or the Saint John Transit Commission, make a full report to Council, within 4 weeks, of where this report stands concerning the above mentioned questions along with acquit bus service delivery to the citizens of Saint John. Also that a report be made to Council on the cost of delivery to the Transit Commission of the Comex service they provide to the suburbs of Saint John and that this report has one full year of operations before this report is given be made to Council as soon as those numbers are in. Respectfully, Bill Farren Councillor The City of Saint John August 12, 2008 Your Worship Ivan Court and Members of Common Council Re: West Side Ward 1 meeting Your Worship and fellow members of Council, in my campaign of the last civic election I said I would hold regular Ward meetings if the citizens put their trust in me. They did put their trust in me and elected me as one of their Wards representatives and as quickly as I could I organized a Ward meeting, which was held on July 24tH I thought it best as a first meeting to invite the community leaders from each area of the West Side which included the River Road Alliance, which represents residents from Martinon, Morna, Belmont, Ketepec and Acamac areas. The Milford and the Lorneville community Associations leader as well as the West Side Business Association. I asked Kevin Carson from Leisure Services to give a presentation on our Cities "Terms of Reference of the Neighbourhood Development Stimulation Grants," our City is offering to such communities, and he did an excellent job. Each area talked about concerns in their respective areas and a general conversation of how they try to involve people in their communities evolved. At the end of the evening I asked them when they would like to have another meeting and what would content they would like to have covered. They all agreed that a September meeting would work and that they would like to have the Mayor, the two Councillors at large and the two Wards Councillors present and to have a similar style of meeting. I therefore ask the Mayor to set a time, on a date from the middle to the end of September, that suits his busy agenda to hold a 2nd West Side Ward meeting and the At Large and Ward Councillors also be invited to attend. Respectfully, Bill Farren Councillor, The City of Saint John 199 August 26, 2008 Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Subject: DEVELOPMENT AND INPLEMENTATION OF A PERFORMANCE MANAGEMENT SYSTEM FOR THOSE POSITIONS THAT ARE APPOINTED AND REPORT DIRECTLY TO COUNCIL Background. : Any and all organizations that are recognized as being progressive and efficient have been built on having the proper policies and systems in place. Systems that are useful in benchmarking, or setting standards for comparisons with best practices in other organizations. They provide consistent basis with internal change efforts. They indicate results during improvement efforts, such as employee training management development, quality programs, etc. They help ensure equitable and fair treatment to employees based on performance.(In my opinion a void exist in the organization.) The absolute need to establish and implement a creditable comprehensive Performance Management System based approach for all Senior Management positions that are appointed and report directly to Council. This effort must provide a system that identifies organizational goals, measures of effectiveness or efficiency (outcomes) towards the goals and means (drivers) to achieve the goals. This chain of measurements is examined to ensure alignment with overall results of the organization. Performance Management should focus on results, rather than behaviors and activities. It should be seen as a positive experience between an employer and employee a tool that will assist with growing and maintaining a positive relationship. Some of the key benefits are listed below: .01 Helps you think about what you really want. You're forced to be accountable, to "put a stake in the ground ". .02 Depersonalizes issues, focuses on behaviors and results, rather than personalities 918181 .03 Validates expectations in today's age of high expectations when organizations are striving to transform themselves and society, having measurable results can verify whether grand visions are realistic or not. .04 Helps ensure equitable treatment of employees because appraisals are based on results. .05 optimizes operations in the organization because goals and results are more closely aligned. .06 Cultivates a change in perspective from activities to results. .07 Supports ongoing communications, feedback and dialogue about organizational goals. Also supports communications between employee and employer. .08 Performance is seen as an ongoing process rather than a one time snapshot. .09 Continuing focus and analysis on results helps to correct several myths, eg.learning means results, job satisfaction produces productivity, etc. .010 Produces specificity in commitment and resources. .011 Provides specificity for comparisons, direction and planning. .015 Redirects attention from bottom up -up approaches (e.g. ensuring all subsystems goals and results are aligned first with the organization's overall goals and results.). Analysis: For a number of years the Management Staff of the City have been subject to and apart of a formalized Performance Review that consists of establishing goals and objectives and being measured on the outcome of those goals and objective. Unfortunately no such formalized system is in place for those positions that are appointed by Council and report directly to Council. While the matter has been the topic of discussion by various Councils as well as the General Public no action has ever been taken to develop and implement a performance management review system for those Council appointees. Council has a responsibility to the taxpayers to ensure that they are receiving value for money. Council has a responsibility to establish policies with goals and bench marks that will lead to positive outcomes. The implementation of Council policy rest with the City Manager and his senior staff. It is incumbent upon Council to ensure that senior staff's goals and objectives are aligned with those established by Council. Council must have a system that measures the outcomes holding Senior Staff accountable for the efficient and effective implementation of Council policy. 918111 Recommendation: Motion: That Council appoint a three person committee of Council for the purpose of engaging the services of a Human Resource firm and or specialist to assist Council with the development and implementation of a comprehensive Performance Management System for those positions that are appointed and report directly to Council. And That this standing Committee of Council remain in place to collaborate, assist and provide guidance to the chosen outside service provider until such time as the identified task is completed. Chri e s QIYA August 25, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject. Designation of funds from sale of former Lantic Sugar site A letter was written to Mayor Ivan Court and the Members Common Council on August 7, 2008 by Sean O'Neill, President of Uptown Saint John. In this letter he suggests that "the gain (money) from the sale of the former Lantic Sugar site be re-invested in the lower south end to assist in much needed upgrades to public infrastructure such as the green spaces in the area". This letter appeared on the agenda of our last meeting of Council on August 18, 2008 and there was some discussion about this idea. I feel it is appropriate to designate the funds from the sale of the former Lantic Sugar site for re-investment in the lower south end. Following the sale of this property, feedback from the neighbourhood will be essential in determining specifically how these funds could best serve the community. Motion: I propose that the funds from the sale of the former Lantic Sugar site be designated for re-investment in the lower south end. Respectively Submitted, Councillor Snook 203 August 25, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Urban Core Support Network receives Tommy Douglas Award "Dodging Diabetes in Saint John" is an innovative project designed to enhance type 2 diabetes prevention and management in a high risk population. The project was sponsored by the Urban Core Support Network Saint John Inc., a non-profit organization working to identify and reduce barriers encountered by people living in poverty. Inequities in health, resulting from socioeconomic status, are well documented and poverty plays a significant role in health status. "Dodging Diabetes in Saint John" was designed to explore the link between poverty and health for people living in low income and to develop participant - driven responses to help mitigate the extraordinary challenges to disease prevention and management in two vulnerable communities. This community-based initiative convened low income residents from two vulnerable neighborhoods to learn the many facets of prevention and management of type 2 diabetes. The group learned and tested many tools that could help with improving modifiable risk factors and thereby contribute to better prevention and management of type 2 diabetes. Through this process, participants identified several barriers to health that are prevalent for people living in low income. Based on this, the group formulated and tested strategies to counter these barriers in efforts towards better health and disease management. The most effective strategy developed was that of peers sharing learned information with other community members in an informal, non-threatening and familiar environment. The peer-led, community-learning model promises a meaningful and successful way to engage this high risk subpopulation in dialogue and action towards prevention and management of type 2 diabetes.* Recently, the Urban Core Support Network's "Dodging Diabetes in Saint John" won the Tommy Douglas award! Motion: I propose that the City of Saint John write a letter to the Urban Core Support Network to recognize the outstanding success of the "Dodging Diabetes" project and congratulate them on receiving the Tommy Douglas award. Respectively Submitted, F /3 �)Ia) Councillor Snook *taken from notes prepared by Lisa Wetmore, Project Co-coordinator for "Dodging Diabetes in Saint John" 204 August 25, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Development of vacant and derelict buildings strategy I believe it is necessary for Saint John to create a strategy to reduce the number of vacant and derelict buildings around our city. Currently we simply make unoccupied buildings "secure" and leave definitions of "unsightly premises" in a state of ambiguity. In my opinion, this does not address the problem sufficiently. Our Building Inspection department has informed me that they currently keep track of over 121 vacant buildings in Saint John. I personally have noted at least 41 such properties in Ward 3, the area I'm elected to represent. This is not good enough! These properties are unsightly by most people's standards. They are a terrible risk and liability to our residents! To simply "board them up" does not prevent these buildings from attracting vandalism and graffiti. These properties are routinely used for criminal activity and pose a real fire hazard which understandably is a concern for residents of adjacent buildings. They contribute to a street looking "run down" and are a real blight on our community. Our Building Inspection Department requires a directive from council to take a more aggressive approach in dealing with this issue. In my opinion, city staff should take a look at other cities who are implementing new strategies to beat the reality of urban decay in the form of boarded up buildings. For example, one municipality forms a redevelopment plan for the sites in question, resulting in these properties becoming new opportunities for "inner city" green spaces or affordable housing. I would ask city staff to explore and comment on: 205 • the feasibility of implementing time restrictions on "closed/boarded up" buildings with appropriate penalties for non-compliance • potential incentive programs for restoration of properties • painting properties in disrepair and applying costs to property taxes This is not an exhausted list, simply a "starting point" in considering different approaches that could be taken. Motion: I propose that appropriate city staff report to council on new and innovative programs they could potentially implement to reduce the number of vacant and derelict properties in the municipality of Saint John. Respectively Submitted, Councillor Snook 206 August 28, 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 The response of the Parking Commission to Council's directive contained in my motion of June 18`x' was unsatisfactory in my view. That may have been my fault in that the language was not sufficiently clear. The key word was "reconsider ", an admittedly vague instruction that allowed so much latitude that the motion required, in the Commission's estimation, nothing more than a resubmission of an old report. I felt, therefore, that clarification was necessary. My personal experiences and the calls and comments 1 have had from South End citizens suggests that whatever unanimity of opinion once existed (if indeed there was such unanimity) has become fractured. All plans are worthy of review from time to time and this is an appropriate time to review the current one. Motion: That Council direct the Saint John Parking Commission to prepare for presentation to Council a plan for a review of the current regimen of year - round alternate side parking throughout the Southern Peninsula. Such a plan should include opportunities for public input and focus on but not be limited to a consideration of the following possibilities: 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 1" through October 31 ". 4) That alternate- side parking be limited to November 1'` through April30tt, 5) Should a snowstorm fall on a day regularly requiring a change of sides, a failure to change sides would not result in a fine. In fact, changes during a storm should be discouraged. The plan should be ready for CounciI's consideration by the first council meeting in October. Respectfully submitted, Councillor Killcn 207 ;yR,s i August 28, 2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor and Fellow Councillors: Re: Sustainable Funding for Sustainability Programs The City has identified programs that relate to creating a livable and sustainable environment- these are programs such as public transit and tree planting programs. Unfortunately, given constraints in the tax revenue and meeting the demands of all municipal service, investments in these programs fall short of effective levels. At the last Council meeting, a presentation was given by a representative of C.U.T.A., in which he emphatically stated that transit funding requires on going sustainable funding programs by ]Federal and Provincial levels of government. One such funding mechanism could be an allocation of a portion of vehicle registrations to a municipal fund supporting "green programs" such as transit. I note that Council adopted Councillor McGuire's resolution to establish a committee which would explore and advocate for new services of revenue from the Provincial Government. Motion: Refer to "funding" committee and also encourage the Transit Commission to explore funding opportunities for sustainable programs in partnership with other New Brunswick municipalities offering public transit. Respectfully submitted, (Source verified) Deputy Mayor Stephen Chase Q40110-1 _ _...... _LL ___ _,...._ � ..... ............................... SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca N C. R 1971 Saint John, N. -B. Canada E2L 4L1 '`° 208 ........... ....... August 29, 2008 Mayor Ivan Court and Members of Common Council Dear Mayor Court and Fellow Councillors: The City of Saint John has some significant issues before it, which require strategic planning and action. It is very important for Council to interface with the Commissioners of the Municipal Departments in much focused sessions. This would provide Council with information as to what departments are doing and also provide the Commissioners with Council interests with regards to particular strategies. The proposed Committee System of Governance is ideally suited for this interface; however, given that we have not implemented it, and pressing needs are still before us, I would resolve that Council plan some focus sessions in public Committee of the Whole format over the next 3 weeks, This would be in addition to the Priority Setting Session of Council which is planned. Respectfully Submitted, (Source verified) Deputy Mayor Chase . .... . . ........... .......................................................................................................................... ............................ . . . . . . . . ....................................................................... . . . ..... -- ------------------------------- - SAINT JOHN RO. Box 1971 Saint john, NB Canada E2L4L1 I wwwsaintjohn.ca I CT. 1971 Saint John, N.-B. Canada E2L 4L1 209 M & C 2008 - 253 August 26, 2008 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council: It Im SUBJECT: CONTRACT NO. 2008 -4 ROTHESAY AVENUE COMPLEX — EMERGENCY POWER UPGRADE BACKGROUND The 2008 Water & Sewerage Utility Fund Capital Program includes funding for the Rothesay Avenue Complex — Emergency Power Upgrade project. The work consists generally of supply of all necessary labour, materials and equipment for the installation of a back -up emergency power system for the entire Rothesay Avenue Complex. TENDER RESULTS Tenders closed on August 20, 2008, with the following results: 1. O'Brien Electric Company Ltd., Saint John, NB $ 595,000.00 2. G J Cahill and Company Limited, Saint John, NB $ 827,767.00 3. Roadway Systems Limited, Moncton, NB $ 1,220,000.00 The Engineer's estimate for the work was $725,500.00. 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. 210 M & C 2008 — 253 August 26, 2008 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2008 Water & Sewerage Utility Fund Capital Program, Infrastructure Renewal Water category. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by City forces and others. The analysis concludes that a total amount of $475,000.00 was provided in the budget and that the projected completion cost of the project is estimated to be $544,602.97, including the City's eligible H.S.T. rebate - a negative difference of $69,602.97 in the Water & Sewerage Utility Fund Capital Program. This amount can be managed within the overall Water & Sewerage Utility Fund Capital Program envelope. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No: 2008 -4: Rothesay Avenue Complex — Emergency Power Upgrade, be awarded to the low tenderer, O'Brien Electric Company Ltd., at the tendered price of $595,000.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfi lly submitted, J. M. Paul Groody, P.Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 211 M & C 2008-260 August 27, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT 2008- 10: WATERMAIN CLEANING & LINING, PHASE 5 BACKGROUND It Im Unlined cast iron watermains that were installed in the late 1800's and early 1900's up until about 1960 are subject to a phenomenon called tuberculation (a build -up of material on the inside wall of the pipe). This build -up reduces the internal diameter of the pipe which in turn leads to a decrease in water pressure and available fire flows. In addition, tuberculation is a major contributor to water quality problems in a watermain. On May 23, 2006 (M &C 2006 -18), Council approved the reallocation of $400,000 to initiate implementation of a Watermain Cleaning & Lining Program in 2006. The 2007 Water & Sewerage Utility Fund Capital Program included projects to clean and line 4.6 km of watermain (M &C 2007 -184), and 7.0 km of watermain (M &C 2007 -240). Sections of unlined cast iron pipe that exhibit good structural integrity have been selected for internal cleaning and lining. It is anticipated that this will be an ongoing program for some years to come - until all the candidate pipes are identified and rehabilitated. This is an important and positive initiative for Saint John Water, one that will have a major impact on improving water quality and fire flows in neighbourhoods across the city. The approved 4 -year Capital Investment Plan, Gas Tax Funding (GTF) Agreement includes a 2008 project for the Cleaning & Lining of approximately 13 km of unlined cast iron watermains. On June 9, 2008 (M &C 2008 -137) Common Council approved the award of Contract 2008 -9: Watermain Cleaning & Lining, Phase 4 to clean and line approximately 5 km of watermains in East Saint John. This Contract consists of the cleaning & lining of approximately 8 km of existing cast iron watermains in Saint John West to improve water quality and flows at the following locations: 212 M & C 2008- 260 August 27, 2008 Page 2 • Rodney Street • Martello Road • Tower Street • Riverview Drive • Saint John Street • Dunn Avenue • Watson Street • Edward Avenue • Lancaster Street • Lewin Avenue • Duke Street W. • Cushing Street • City Line • Tilton Avenue • Ludlow Street • Danells Drive • Queen Street W. • Sand Cove Road • Saint James Street • Young Street • Suffolk Street • Lawrence Street • Carleton Place • Windsor Street • Clarence Street • Sherbrooke Street • Lowell Street • Molson Avenue • Chapel Street • Algonquin Place • Lancaster Avenue TENDER RESULTS Tenders closed on August 27, 2008 with the following results: 1) Alltech Solutions Inc., Moncton, NB $1,939,017.85 2) Jamac Painting & Sandblasting Ltd., Saint John, NB $2,201,316.28 The Engineer's estimate for the work was $1,838,569.33 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects, with the exception of a mathematical error in the tender submitted by Jamac Painting & Sandblasting Ltd. The mathematical error was corrected in accordance with Specification Section 2.18(a) and the corrected amount is 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 one capital work project. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. 213 M & C 2008- 260 August 27, 2008 Page 3 The analysis concludes that a total amount of $1,819,593.85 is available under the Gas Tax Funding Agreement and that the projected completion cost of the project included in the Contract is estimated to be $1,844,699.27 including the City's eligible HST rebate — a $25,105.42 negative difference in the Gas Tax Funding Agreement for this project. This difference can be managed within the overall Gas Tax 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 constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2008 -10: Watermain Cleaning & Lining, Phase 5, be awarded to the low tenderer, Alltech Solutions Inc., at the tendered price of $1,939,017.85 as calculated based upon estimated quantities, and fiirther that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 214 z2' OPEN SESSION M & C 2008 — 261 August 28, 2008 His Worship Ivan Court And Members of Common Council Your Worship and Councillors SUBJECT Concept Development Feasibility Study for Green Thermal Utility (GTU) BACKGROUND E�n<a�fl��ry�ret,E' +,' +sl �! ��l f�" rr t;l���l�iNidrmeri��r!�ty`s�i�aV {�, I V%i)j City of Saint john In the past two years, the City of Saint John has been actively working toward the development of District Energy System for the downtown and waterfront areas using the Saint John Harbour water as a source of energy. City staff have visited various plants and met various consultants like EnWave Energy Corporation which distribute steam and chilled water to over 140 buildings in downtown Toronto using Deep Lake Water Cooling. Also, city staff visited High Performance Energy Systems (HPES) which are working in cooperation with Halifax Regional Municipality (HRM) toward the development of District Energy System using underground thermal energy storage for five buildings on the shoreline of the Halifax harbour. In 2007, the City of Saint John with the assistance of a grant from the Province of New Brunswick, commissioned MCW Consulting to carry out a temperature profile pre- feasibility study of the water in the Saint John Inner Harbour. The study indicates that significant energy savings can be achieved by using the harbour water as a source of energy. Also the study recommends further investigation of the development of a conceptual design for a District Energy System. ANALYSIS As a result of the study recommendations, City staff consulted various firms and proposals were submitted. The proposal submitted by HPES has exceeded the City of Saint John requirements. The company is specialized in District Energy 215 M & C 2008 -- 261 . 2 - August 28, 2008 Systems, Green Thermal Utility (GTU) and energy efficiency. Based in Halifax, but with operations all over the world, HPES has patented technology related to energy efficiency, renewable energy, and energy storage and energy production. Currently, HPES in cooperation with Halifax Regional Municipality (HRM) are working toward the development of a direct cooling system using renewable deep seawater cooling with underground thermal energy storage. The system will be commissioned this year and will provide cooling for the Alderney Gate complex (5 buildings) in Dartmouth. City staff and Mayor Court visited the site in Dartmouth approximately one month ago. We were well impressed with the innovative technologies and high efficiency system being deployed in this project. HRM. is expecting to reduce its cooling costs for these buildings by 90%. City staff recognized the opportunity that these technologies and renewable energy provides for the community in this period of rapidly rising and unpredictable energy costs. The proposal submitted by HPES consists of the following phases: Phase 1- Concept Development Feasibilily Study This phase consists of the following tasks: - Review civil infrastructure plans - Review previous energy and related studies - Review new building design concept reports for the new police headquarters and justice building - Review previous geotechnical and water studies - Develop detailed energy load and revenue models - Prepare preliminary cost budgets - Prepare financial feasibility/ governance assessment - Source external funding - Present feasibility findings to Saint John Common Council Phase 2- Design/Engineer the Green Thermal Utility (GTU) The implementation of this phase will depend on the financial viability of phase 1. Phase 2 would consist of the following tasks: - Design GTU system with appropriate underground thermal energy storage. - Negotiation for all approval from all levels of government for the inclusion and incorporation of the GTU. - Negotiation, in conjunction with the City of Saint John, and completion of any and all discussions and applications with federal, 216 M & C 2008 — 261 3 4 August 2.8, 2008 provincial and municipal governing bodies with respect to grants, incentives and comment on potential tax credit opportunities. Phase 3- Build the Green Thermal Utility (GTU) This phase will include the building of the GTU System with appropriate Underground Thermal Energy Storage (UTES) integration. The first part of the development of the GTU will focus on five buildings: Harbour Station, Canada Games Aquatic Centre, Market Square, new justice building and new police headquarters with a total area of 88,800 square meters (955,500 square feet) which will form the anchor tenants for the utility. Also the study will investigate the opportunity to recover wasted heat from the effluent of the harbour clean -up treatment plant; in other words heat will be removed from the effluent and used to augment the GTU system. In addition, there is substantial new development planned to be built in the next two years in the downtown area. These developments could include a new Irving World Headquarters, development on the Coast Guard site, a new office building adjacent to Market Square, and others. These new developments will be the focus of the second part of the development of the GTU. BENEFITS OF THE GREEN THERMAL UTILITY GTU 1. Improved Energy Efficiency and Green Buildings The proposed concept provides a cost_. effective means for customers to green their buildings and operations with no premium costs. There has been a tremendous growth in the demand for green building construction in both residential and commercial sectors. Green buildings tend to have a higher Capital cost between 5 -10% initially. However, operation costs for their life cycle more than offset those costs. The system will attract interest from developers and customers wishing to differentiate their buildings, and best of all, it will be without the premiums that are typically associated with developing green energy systems individually. The district energy system eliminates the need for in- building infrastructure such as boilers, furnaces, air conditioners, chillers, cooling towers, and auxiliary systems such as smoke stacks. With the elimination of heating and cooling equipment, basements and roofs can be optimized for storage, revenue generating spaces, gardens, decks, or terraces, resulting in quieter, cleaner, more superior indoor and outdoor spaces. 2. Friendliness to the Environment The City of Saint John is committed to reducing environmental impacts and greenhouse gas emissions from buildings. District energy systems can 217 M & c C 2008 261 - 4 - August 28, 2008 act as a catalyst in reducing community energy emission. Further, this district energy system being considered is sustainable for the community. District energy systems are common in Europe, and are, relative to conventional systems, green and clean because they produce fewer emissions, and all at a single point, where they can be regulated, monitored and controlled. It is an extremely potent environmental tool in combining the benefits of district energy with renewable energy use as proposed. In fact, the proposed system will have extremely low emissions and makes the possibility of a zero emission carbon neutral development a near reality. 3. Reduced Costs There are multiple cost savings for both the operator and customers of district energy systems that are combined with renewable energy. By centralizing the energy needs of a community or development, economies of scale are achieved. As well, redundant, over - sized, equipment and systems are avoided, and maintenance costs are reduced. With large energy users connected to a common system, there are higher financial returns with investing in more efficient energy - producing equipment. Customers' construction and maintenance costs can be significantly reduced by eliminating onsite boilers and chillers. The size .and complexity of electrical feeder services to customers can be reduced. 4. Keeping Energy Expenditures Local The district energy system proposed will use local renewable energy sources and as a result it will divert energy expenditures to the local community. As one of the first systems of its kind in North America, significant local expertise will be developed as a result of this project. With the demonstrated success of the Saint John project, this expertise can be easily transferred to similar and larger opportunities in Moncton and elsewhere. 5. Energy Security, Adaptability and Reliability Conventional systems have a high degree of risk exposure to fluctuating energy prices. With the system using geothermal, harbour, and sewage renewable energy forms, the customers of this system will be highly insulated to world energy markets and will have predictable long -term costs. 218 M & C 2008 -- 261 -5 _ August 28, 2008 The district energy system will also be scalable and adaptable over time to adjust to new technologies that increase efficiency, further reducing emissions and increasing the reliability. future generations of the system can also integrate with or encourage local co- generation or biomass heating opportunities. Centralized heating and cooling energy services also offer better maintenance opportunities and multiple back -up systems that improve the reliability. Most importantly, individual customers will still be able to have heating and cooling during power outages. FINANCIAL ANALYSIS The total cast for the concept development feasibility study for Green Thermal Utility (GTU) is $132,000 plus HST. City staff has identified several sources of funding with some pending approval of current applications. Funding sources for the feasibility study: - Environment Trust Fund $35,000 (awarded) - Green Municipal Fund, FCM $70,000 (pending) - Efficiency NB $ 3,000 (pending) - City of Saint John $24,500 Funds are available in the 2008 budget for this project. RECOMMENDATION Your City Manager recommends that 1) High Performance Energy System and City of Saint John snake a presentation to Saint John Common Council on Monday, September 15, 2008 pertaining to the development of Green Thermal Utility for the City of Saint John; and 2) the proposal for the concept development feasibility study for Green Thermal Utility (GTU) submitted by High Performance Energy Systems be accepted at a cost of $132,000 plus HST without the tendering process. Respectfully submitted, Wm, Edwards, P, Eng. Commissioner Buildings and Inspection Services 219 a rrence Totten, CA ity Manager City Solicitors Office Burean de Pavocat municipal August 28, 2008 Common Council of The City of Saint John Your Worship and Councillors: Re: Minimum Property Standards By -law - Revised Resolutions The proposed Minimum Property Standards By -Law was scheduled for Council's consideration on August 5, 2008. In fact the proposed By -Law was not dealt with until the Council meeting of August 18th when it received first and second reading. At the meeting of the I8th a number of resolutions facilitating enforcement proceedings were also adopted. The latter mistakenly identified the Minimum Property Standards By -Law as having received first and second reading on August 5th. That must be corrected by the adoption of new resolutions. The language of the proposed resolutions has been "tightened" from a technical perspective and we have added a resolution authorizing the Common Clerk to affix the City's corporate seal to Notices to Comply issued under the Dangerous or Unsightly Premises By -Law. Consequently, it is recommended that Council adopt the following resolutions immediately following third reading of the proposed Minimum Property Standards By -Law: Resolution No. 2: WHEREAS, subsection 100.2 of the Municipalities Act outlines that for the purposes of the Provincial Offences and Procedures Act, (a) offences under subsection 94.2(3) or 102.1(1.2) of the Municipalities Act or offences in respect of a by -law under subsection 94(1) or (3) or section 190 of the Municipalities Act, are prescribed offences for the purpose of section 9 of the Provincial Offences and Procedures Act, and, ... /2 220 Common Council August 29, 2008 Re: Minimum Property Standards By -law - Revised Resolutions Citv Solicitor Page 2 (b) a by -law enforcement officer appointed under section 14 of the Police Act and designated by resolution of council of a municipality is an authorized person who may serve tickets in respect of the offences referred to in paragraph (a). WHEREAS, section 14 of the Police Act states, 14(1) A council may appoint persons as by -law enforcement officers for that municipality. 14(2) A by -law enforcement officer shall be paid such remuneration, and shall be appointed for such term, as the council may determine. 14(3) Within the territorial boundaries of the municipality for which he is appointed, a by -law enforcement officer has the power and the immunities of a police officer for the purposes of enforcing such by -laws of the municipality for which he is appointed as are stipulated in his appointment, but has in no other regard the powers or immunities of a police officer. BE IT RESOLVED, that each of William Edwards, David Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed a by -law enforcement officer pursuant to section 14 of the Police Act, and is hereby designated as a person to serve tickets in respect to the offences identified in paragraph 100.2(a) of the Municipalities Act, such appointment to be effective immediately upon the Minimum Property Standards By -law which received 1st and 2"a reading by Common Council on August 18tH 2008, being enacted and approved by the Minister of Local Government, and such appointment shall continue until the person ceases to be an employee of The City of Saint John or the appointment is revoked by Common Council, whichever occurs first. 221 Common Council August 29, 2008 Re: Minimum Property Standards By -law - Revised Resolutions Resolution No. 3: Citv Solicitor Page 3 BE IT RESOLVED, that Elizabeth A. Gormley, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to each Notice to Comply that is issued by the aforesaid persons under the Minimum Property Standards By -law, such authorization to be effective immediately upon the Minimum Property Standards By -law which received I st and 2"a reading by Common Council on August 18th, 2008, being enacted and approved by the Minister of Local Government, and such authorization shall continue until Elizabeth A. Gormley ceases to be the Common Clerk of The City of Saint John or the appointment is revoked by Common Council, whichever occurs first. Resolution No. 4: WHEREAS, the Common Council of the City of Saint John has considered a proposed Minimum Property Standards By -law and "Inspection Officers" are defined therein; BE IT RESOLVED, that pursuant to section 4 of the Minimum Property ,Standards By -law and in accordance with the recommendation of the City Manager, each of Rick Armstrong, Darryl B6rube, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye is hereby appointed as an Inspection Officer, such appointment to be effective immediately upon the Minimum Property Standards By -law which received I st and 2" a reading by Common Council on August 18th, 2008, being enacted and approved by the Minister of Local Government, and such appointment shall continue until the person ceases to be an employee of the City of Saint John or the appointment is revoked by Common Council, whichever occurs first. ... /4 222 Common Council August 29, 2008 Re: Minimum Property Standards By -law - Revised Resolutions Resolution No. 5: Citv Solicitor Page 4 BE IT RESOLVED, that Elizabeth A. Gormley, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to each Notice to Comply that is issued with respect to premises that are unsightly, and buildings and strictures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, and such authorization shall continue until Elizabeth A. Gormley ceases to be the Common Clerk of The City of Saint John or the appointment is revoked by Common Council, whichever occurs first. Respectfi lly Submitted, John L. Nugent City Solicitor 223 Your Worship and Members of Council, SUBJECT: SAME WEEK� SAME D. SOLID WASTE SERVICE IMPLEMENTAT10N Keeping Saint John clean is a shared responsibility of the entire community. All citizens, neighbourhoods, institutions, businesses and the municipality have a part to play in creating urban surroundings that are healthy and respectful of the environment. Community solid waste (garbage) practices will become more proactive, more ecologically Small Actions ... Big Difference conscious and more aware of the financial burden involved. Behaviours that have too often been wasteful, careless and harmful to people and the environment will no longer be endured. Our common goal is to reduce waste and, with that, Saint John's ecological footprint; demonstrating through our every day efforts that we understand the importance of effective solid waste management - for public health, for quality of life, for the cleanliness of properties and streetscapes, and for cost to taxpayers. A modem solid waste service involves more than simply collecting and disposing of garbage. It will seek to minimize waste generation and pursue a more efficient use of resources generally. The service will work with stakeholders, emphasize high standards of liveability, and be diligent in protecting against degradation of our community. Attending to these needs today means understanding the wide - ranging environmental, economic and socio- cultural implications involved. The Community Vision that "Our Saint John ... leads the nation as an example of a sustainable community" means applying sustainability principles in the delivery of this core municipal service - in a way that will help bring about a positive and lasting legacy for our children and future generations. The purpose of this report is to outline implementation of a new path being charted for the Solid Waste Management Service in Saint John; one focused on enhancing quality, cost- effective delivery, and meeting the needs of all residential households. AN Same Week, Same Day August 28`x', 2008 Solid Waste Service Implementation, Report to Common Council, M &C 1008 -258 Page 2 SUSTAINABILITY PRINCIPLES ADOPTED FOR SAINT JOHN As part of the Vision 2015 process, Common Council adopted a Vision and Sustainability Principles for Saint John. A long -term, integrated planning framework is being used to translate vision into action. The framework recognizes that the City of Saint John, like all municipalities, is a complex system; one that strives to best serve the environmental, economic, social, governance and infrastructure interests of the community. Sustainability Principle I - Provide a longterm vision for Saint John based on the pillars of sustainability: social / cultural, environmental and economic. Sustainability Principle 2 - Recognize and incorporate the valued and distinctive characteristics of Saint John - including its human, cultural, historical and natural attributes - in our vision and planning for a sustainable city. Sustainability Principle 3 - Engage the entire community of Saint John in the planning and implementation of sustainable solutions. Sustainability Principle 4 - Respect Saint John's natural ecosystems. Act as a custodian for the biodiversity and natural ecosystems of Saint John, and protect and restore them. LO Sustainability Principle 5 - Model the development of Saint John on the characteristics N of natural systems. Sustainability Principle 6 - Strive to minimize Saint John's ecological footprint. Sustainability Principle 7 - Achieve long -term economic stability and social security in Saint John. Sustainability Principle 8 - Foster communication among community groups and organizations to emphasize sustainability as a common shared goal. Sustainability Principle 9 - Promote sustainable production and consumption through the use of environmentally sound technologies and effective demand management. Sustainability Principle 10 - Establish a systematic process of continual improvement, based on action planning, accountability, transparency and good governance. Saint John is on the verge of unprecedented growth and positive change. We must all do our part to guide that change towards making Saint John the most liveable city possible for the benefit of our environment, our economy and our community. This Clean Saint John initiative seeks to engage community groups, businesses and individuals to reduce our ecological footprint and optimize outputs with costs. Small actions make a big difference; every decision we make in our homes, our workplaces, our neighbourhoods and our community is important and impacts future generations. SAME WEEK, SAME DAY Same Week, Same Day August 280, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008 -258 Page 3 BACKGROUND This report is in follow -up to a submission on December P, 2007 that introduced the proposed new direction for the Solid Waste Management Service. On the motion of then Councillor Court, seconded by the Deputy Mayor, the previous Council adopted the following resolution: "RESOLVED that as recommended by the City Manager, Common Council endorse the new Solid Waste Management Service outlined in the submitted report for implementation July 1, 2008, refer financial considerations to the budget process and ask the City Solicitor to prepare an appropriate revision of the Solid Waste By -law, based on the draft language proposed, for the consideration of Common Council. " Integrated Resource and Solid Waste Management In June 2005, Common Council endorsed development of an Integrated Resource and Solid Waste Management Plan for the City of Saint John founded on principles of sustainability and incorporating the following nineteen (19) considerations: t. A strategic commitment to the environment. 2.. Environmental protocols to help reverse environmental degradation, protect the economic resource base, and enhance the health of citizens and employees. . Five -year operational projections incorporating all relevant considerations. 4. A public information and education component, fully funded and integrated into the overall solid waste management program, focused on principles of sustainability, waste diversion and proactive enforcement of the By -Law. . Defer consideration of a user -pay system. 6. Clear and aggressive objectives for diversion of solid waste from landfill disposal that increase from year to year, along with the means to measure results. T. In conjunction with the Fundy Region Solid Waste Commission (FRSWC), establish additional blue bin recycling depots South and North. g. Strong commitment to proactive enforcement, identification of the level of non- compliance that will be tolerated and appropriate penalties for non - compliance. 9 „ Operating methods based primarily on 1- person packer units, with some capability for collection of large, heavy items. SAME WEEK, SAME DAY Same Week, Same Day August 28`x, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008 -258 Page 4 10. An optimal fleet complement for the City's collection service, with an appropriate replacement policy and funding established for equipment replacement. 11. Duties and responsibilities of operational staff enriched to take full advantage of what these employees can contribute to enhancing solid waste management. 1. A waste diversion and education section to focus on Saint John; working in partnership with and complimenting the diversion efforts of the FRSWC. 1.3. In consultation with the City's by -law enforcement services, operational staff members identified, trained and designated as by -law enforcement officers. 1. A refined program for Residential Clean -Up implemented in 2006. 1.5. A new routing and scheduling system for simultaneous, bi- weekly collection of refuse and compost in all parts of the city, except the South End, the Old North End and the Lower West Side ( "vulnerable neighbourhoods ") where weekly ti collection would apply. Night time collection to be "piloted" in the South End. N 16.4 Defer consideration of bag limits for at least two years. 1.7. Undertake a full review and update of the Solid Waste By -Law. :18. A formal working partnership with the FRSWC, and possibly others, focused on achieving maximum diversion, long -term sustamabillty, greater acceptance of new initiatives, and expanding options and opportunities. 19. Individual citizens and property owners are essential stakeholders, with individual responsibility critical to achieving waste diversion objectives and, therefore, making community sustainability a reality. Plan for Solid Waste Management Service In December 2007, a plan was introduced to work with the public and the Fundy Region Solid Waste Commission to attain optimal waste diversion and, ultimately, to contribute to reducing environmental degradation and the generation of greenhouse gases, and to maximize the service life of landfill infrastructure. A copy of M &C 2007 -328, dated November 28`s, 2007, can be made available. The Solid Waste Management Service will administer community solid waste standards and provide residential households with effective and efficient collection and disposal of refuse and compost wastes. It would also work with neighbourhoods in responding to their distinct needs. SAME WEEK, SAME DAY Same Week, Same Day August 28`A, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008 -258 Page 5 SERVICE PROFILE Beyond basic collection and disposal of garbage, the Solid Waste Management Service has a goal to engage the community for a clean, healthy and liveable city, one that minimizes its ecological footprint, optimizes outputs with costs, and strives for long -term service viability. Solid waste management is moving towards a more effective and efficient collection and environmentally responsible disposal of residential refuse in accordance with the Solid Waste By -Law and guidelines of the Fundy Region Solid Waste Commission. The new service delivery model includes moving to a bi- weekly schedule for residential garbage and compost pick -up; a weekly schedule for priority neighbourhoods; and the use of transparent bags for garbage. Special initiatives include a night time collection pilot for three South End routes and the gradual introduction of mechanized collection with the use of black bin refuse containers. The use of suitably sized transparent bags (effective January Same Week, Same flay 151, 2009) will assist in monitoring refuse practices as well as for recycling and composting. Garbage bags must not contain compost or recyclables: such as paper, plastic bags, cardboard, metal, and rigid plastic. Residents are encouraged to participate actively in individual composting and Blue Bin Recycling, and to use the Blue Bin Recycling depots located around the city. Locations and servicing of Blue Bin depots will be evaluated on an ongoing basis. The Solid Waste Management Service applies the provisions of the Solid Waste By-Law to establish eligibility for service - fairly and objectively across the entire community. Only residential properties are eligible for garbage and compost collection. Verification of residential status is determined through reference to the Provincial system of property taxation. In an era of climate change and environmental concern, landfills are overrun and municipal services are at capacity. The Solid Waste Management Service is vital for public health, quality of life, and the r' cleanliness of properties and streetscapes. Significant in the new Solid Waste Management Service is a broader focus. The Service Profile (attached) defines activities through seven service programs, all of which contribute to desired community outcomes; a clean, healthy and liveable city that minimizes its ecological footprint, optimizes service outputs with costs, and strives for long -term viability. 7 Service Programs Solid Waste Management Service Residential Refuse Residential Compost Blue Bin Recycling and Composting Promotion Litter Control Special Activities Service Coordination and Consultation By -Law Administration and Public Education SAME WEEK, SAME DAY Some Week, Same Day August 28ei, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 1008 -258 Page 6 ANALYSIS It has not been feasible to introduce implementation of the New Schedule plan as originally intended; the new schedule of same week, begins on same day pick -up of garbage and compost will begin September 2e, 2008 September 29h, 2008. The Solid Waste Management Service will also require the public generally to change its recycling and composting behaviours; to follow the examples of those citizens who already recycle and compost regularly. Eneagine the Public The overall goal of the Solid Waste Management Service is to minimize refuse, optimize resource use by the community, and extend the service life of landfill infrastructure. In introducing the new service in the coming weeks, we will seek to engage the public through household flyers, the City of Saint John website, working with community partners and advertisements through the media. Our communications goals are: 1. To introduce broader thinking about community action, diligence and ownership for a sustainable Saint John. °a, To educate on programs including new schedules, new transparent bags, and rn existing programs for recycling, composting, special programs and proper N disposal of hazardous wastes. . To educate on by -laws. We seek to start a community conversation about what citizens and neighbourhoods can do to make their Solid Waste Management Service everything that it can be. Opportunities The opportunities for the community are clear IC Reduce personal waste through increased composting and recycling. 0 Reduce the amount of waste that will be buried in the Crane Mountain Landfill and, through that, extend the service life of landfill infrastructure. oa Promote effective and efficient municipal services, and realize lower costs. , Reduce our ecological footprint, individually and as a community- ca A cleaner environment and a more sustainable Saint John. Will Saint John realize what is, in fact, possible? Will all citizens follow the lead of their counterparts who have already set the measure for environmental conscientiousness? SAME WEEK, SAME DAY Same Week, Same Day August 2e, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008 -258 Page 7 Introduction of Service Improvement Objectives An initial set of moderate service improvement objectives for the community (over five years) was outlined in December 2007: I., Increase waste diversion (Blue Bin) tonnage by 100 tonnes each year Reduce residential refuse tonnage annually by 250 tonnes each year . Deliver 10 school education programs each year . Demonstrate a 2% improved cost per household serviced from year to year 5. Service collection routes within 8 -hour work shift not less than 95% of time These objectives sought to introduce the notion of service improvement targets for the community's solid waste management service, essential to realizing sustainability and optimal use of municipal resources. The City of Saint John needs to inspire a culture of continuous improvement and apply performance measurements in the delivery of all its services. To that end, Common Council must establish reasonable, yet challenging service objectives for the community and its solid waste service. O CO Challenges N Implementation of the new Service will not be without challenges: ca New compost/garbage schedules, including South End night time collection. c. Reaching out to and working with priority neighbourhoods. c. Switching to transparent bags, with one black or personal bag permitted therein. 0, Gradual introduction of mechanized collection of refuse (garbage). c. Mobility issues to recycling depots (numbers, locations); no curb side pick -up. ca. Littering. ca Awareness of Solid Waste By -Law provisions; proactive by -law enforcement. M, Establishing clear, administratively practical and objective eligibility criteria. 11AL Engagement of the public, neighbourhoods and other stakeholders. mug EfI`ective administration of the service and the needs of its clients. A public education program will seek to motivate and foster sustainable behaviour. SAME WEEK, SAmE DAY Same Week, Same Day August 28"', 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008 -258 Page 8 New Collection Cycle A new two -week refuse collection cycle (included with the Service Profile) has been organized and mapped around a current customer base of 21,863 residential households eligible for municipal collection; 3,819 in priority neighbourhoods serviced weekly and 18,044 households serviced bi- weekly. Night Time Collection - Pilot Night time collection will be "piloted" in the South End. The initiative offers a variety of benefits: it gets residential refuse off the streets during daytime hours, better utilizes available equipment, offers operating efficiencies and can be undertaken with less traffic disruption. Potential benefits will be weighed against challenges associated with night work. Should this test initiative prove worthwhile, the City could move to a broader policy of night time collection. Compost Collection Compost servicing will be organized to align with refuse collection routes; typically with fewer units. The compost share of the waste stream should increase over time; an improved balance between compost and refuse will mean lower costs. Priority Neighbourhoods The servicing of priority neighbourhoods more frequently than others is a policy decision of Council. The basis for staffs recommendation is a view that these parts of our co community warrant special attention in the near - term. The transition out of vulnerability has to be given support — working with residents to bring about desired change. The Human Development Council, Vibrant Communities Saint John and the Business Community Anti- Poverty Initiative (BCAPI) have strongly urged the City to provide weekly solid waste service in these neighbourhoods. Collection Model A mixed in -house and contract service model shall continue. This approach offers the best balance for quality assurance and timely collection services for our 21,863 residential customers. Ongoing performance and cost measures will help assess delivery alternatives. We must highlight here the tremendous job done by some sanitation workers; a core group of stalwarts who have enabled the City to deliver good service. However, wear and tear on employees has been telling. With a workforce reaching an age peak, personnel factors are among the greatest challenges facing the service. Equipment Fleet The municipal solid waste fleet consists of seven (7) side- loading one - person packers and a mini- packer for litter. The equipment is heavily used in continuous operations and is subject to breakdown. Equipment availability is a central consideration in planning schedules; garbage /compost must be collected on the appointed day and, as such, an equipment reserve must be built in to ensure service reliability. SAME WEEK, SAME DAY Same Week, Same bay August 28` *, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008 -258 Page 9 OTIV =111 MO i i P 1. There is an emerging trend across North America towards automated or mechanized garbage collection. In fact, the City of Saint John is already on that path — with the Fundy Region green compost carts. The benefits of mechanized collection are many. It involves a cart system similar to that now used for compost (but different in colour), possibly with a range of sizes for eligible households. Containers would also be helpful in establishing "limits" and container capacity could be tied to future pricing options for customers. Experience elsewhere has shown that the greatest benefit of automation is reduction in worker injuries, a particular concern with an aging workforce. Back injuries, the most common in this type of work, do serious harm to service delivery and employee morale. Improved efficiency and service reliability through standardization is another major benefit. Greater productivity will contribute to improved timing of collection, service reliability and lower costs. Current practices see a wide variety in packages placed for collection -- everything from small plastic shopping bags to varying sizes and shapes of containers to loose and awkward refuse. Residents should come to embrace the approach. With sufficient advanced information and careful planning, citizens will see advantages for themselves — easier refuse handling and tidier neighbourhoods. N Introduction of this change will not be without its challenges, including cost N considerations for households or the City. Council may wish to offer a level of subsidization, should that cost be justified by off - setting cost and service benefits. We propose that a comprehensive initiative be planned in 2009 for the introduction of mechanized collection and "black bins ", with a gradual transition from current "bag" methods over a period of two (2) years. System of User -Pay It has been suggested that a user -pay system be introduced for solid waste services; thus removing that cost burden from property taxes. There is merit to having "cost- causers" foot their fair share of service costs (collection, clean -up and infrastructure investment). The current system could be seen as rewarding irresponsibility and poor waste practices. Members of Council would be aware that the City of Toronto (among others) has recently introduced a user -pay system. The more garbage you put out, the higher your fees for garbage collection. Through the system, the City provides residents with their choice of different sized garbage bins (four sizes) and charge annual fees based on bin size. Residents who choose the smallest bin receive a rebate. City officials believe that, along with the city's green bin organics and expanded blue bin programs, the user -pay system will help Toronto achieve a residential waste diversion target of 70% by 2010. Staff will study the idea and report to Council in 2009 for possible consideration in 2010. SAME WEEK, SAME DAY Same Week, Same Day Augus7 2e, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008 -258 Page 10 Bas Limits and Ineligible Materials "Bag limits" will be set beginning in January 2009. The introduction of these limits is essential if the notion of sustainability is to be achieved. Limits would emphasize that people have to take greater care in what they throw out and expect their municipal government to haul away. Citizens and businesses alike have to more actively recycle and, as a minimum, use the compost system available in the Fundy Region. Recyclable and compostable materials will not be eligible for collection. Cardboard, paper, metals and plastics disposed of as garbage (refuse) places added and unnecessary costs on taxpayers. Public education measures and proactive by -law enforcement will seek to eliminate these materials from the refuse stream. Eligibility for Residential Service Essential for managing the solid waste service is a clear understanding of its client base; the By-Law specifies service for residential properties. Managing to the line set in the By- Law has been at best challenging over the years. Some property owners do not make adequate provision for solid waste handling at their commercial buildings; leaving tenants to their own means. The result has been litter and dirty streets, avoidable collection and tipping costs, frustrated collection workers and a service that is difficult to CO effectively manage. Control is being gradually regained. N There have been questions over the last couple of years about so- called "home -based businesses ". What difference does a bit more garbage make? Some measure of latitude has been suggested for small commercial entities housed in private homes. The Solid Waste Management Service identifies residential properties through the Provincial system of property taxation. In utilizing this standard, the Service seeks to consistently and objectively apply the provisions of the Solid Waste By -Law. Although Council may decide otherwise, staff is unable to recommend residential status for properties housing "home -based businesses" for the taxation code indicates otherwise. It would be contrary to the recognized system of taxation that applies to all properties; it creates an added administrative burden and could be seen as unfair by business competitors without access to the service. Service eligibility needs to be clear and administratively practical. Engagement of the Public Success of the solid waste management initiative will depend very much on connecting with the public, neighbourhood associations, commercial enterprises and other stakeholders. Higher quality, lower costs, timely delivery, a clean Saint John and, ultimately, sustainability are not realistic without a public that is well informed, involved and excited about the outcomes that are possible. To that end, priority emphasis will be given to communications and public education, particularly as we set out. SAME WEEK, SAME DAY Same Week, Same Day August 2e, 2008 Solid Waste Service Implementation, Report to Common Council, M &C 2008-258 Page 11 Administration of the Service Service delivery does not achieve high quality and reliability standards without effective administration; people who attend to the needs of clients, administer performance records and costs, and coordinate the many day -to -day activities involved. To that end, funding has been identified for an administrative staff person to maintain the inventory of eligible customers, to verify service in accordance with published schedules, to consult with citizens on matters of concern, and to receive, record and follow -up on service requests from those customers. This member of staff will also maintain the record of performance and cost measures. Management oversight has also been streamlined. INPUT FROM OTHER SOURCES The Fundy Region Solid Waste Commission (FRSWC) is a vital partner in delivery of this service and the City must work closely with the Commission to achieve common goals. Changes to the system of recycling, composting or even collection will not be possible without the participation of FRSWC. For example, there is presently an issue with the recycling of bard plastics and increasing the flow of those materials may not be practical at this time. Staff consulted with a By -Law Review Committee of its stakeholder partners, including � ACAP Saint John, ONE Change, the Board of Trade, the Crescent Valley Association, c� the Village Neighbourhood Association, South Central Citizens Association, Carleton Community Advisory Committee, FRSW Commission and the Landlords Association. Other important partners include the many neighbourhood groups, businesses and schools that are involved in community clean -ups. SERVICE OBJECTIVES Reasonable, yet challenging service objectives need to be established for the community and the Solid Waste Management Service. These should flow from dialogue among members of Council, staff and the community over the coming weeks. The more refuse that can be diverted from the landfill site into reuse, recycling or compost, the greater the return for taxpayers and the greater the likelihood of achieving the outcomes sought by the community. What should the overall residential waste diversion target be for Saint John? Remember, Toronto is seeking to achieve a target of 70 %. Saint John currently sits at something less than 30 %. What should be our specific program performance objectives? Staff will report back to Council by the end of November with recommended performance criteria and specific objectives for the Solid Waste Management Service. These will be designed to challenge the community and service providers. SAME WEEK, SAME DAY Same Week, Same Day August 28*, 2008 Solid Waste Service implementation, Repot! to Common Council, M &C 2008 -258 Page 12 FINANCIAL IMPLICATIONS The planned service budget for 2009 is incorporated into the attached Service Profile. It is recommended that Common Council: 1. Endorse introduction of the new Solid Waste Management Service, as outlined in this report, for implementation on September 29a', 2008; 2. Recognize the financial implications related thereto for the 2009 Operating Budget; 3. Direct the City Solicitor to bring forward a revised Solid Waste By-Law, based on the draft language earlier proposed, for the consideration of Common Council - to be made effective January 151, 2009; and 4. Provide its views to staff on performance criteria and specific objectives for the Solid Waste Management Service. 9 0S 6. 4 �)_ a SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SAINT JOHN SOLID WASTE MANAGEMENT SERVICE Description: The Solid Waste Management Service provides residential households with effective and efficient collection and disposal of refuse and compost wastes; it works with the public to achieve optimal waste diversion and to reduce environmental degradation; it attends to the particular needs of neighbourhoods; and it administers community solid waste standards as set out in the Solid Waste By-Law. The service adheres to the guidelines of the Fundy Region Solid Waste Commission. Value: Solid waste management is vital to urban quality of life - public health, cleanliness and aesthetic appeal. Proper storage, collection and disposal of solid waste help reduce incidents of sickness and vermin infestation. An effective solid waste strategy minimizes refuse generation, optimizes resource use by the community, and extends the service life of landfill infrastructure, thereby controlling costs and contributing to environmental sustainability. M Output: Solid Waste Managed Service Budget: $4,187,256 (2009) Accountability: Municipal Operations and Engineering Sponsor: Commissioner, Municipal Operations and Engineering Programs: 1. Residential Refuse 2. Residential Compost 3. Blue Bin Recycling and Composting Promotion 4. Litter Control 5. Special Activities: Bulky Items Pick -Up, Neighbourhood Clean -Up Initiatives, White Goods Drop Off, Christmas Tree Mulch 6. Service Coordination and Consultation 7. Solid Waste By -Law Administration and Public Education September 29`4, 2008 SUSTAINABILITY, QUALITTAND DILIGENCE Page 1 of 8 0 P". STUNT 1DHN SERVICE PROGRAM: RESIDENTIAL REFUSE Program Goal To achieve effective and efficient collection and environmentally responsible disposal of residential refuse in accordance with the Solid Waste By -Law and guidelines of the Fundy Region Solid Waste Commission. Client Base ■ Total Residential Households: 21,863 (as of 2008- 08 -28) ■ Households Serviced Bi- Weekly: 18,044 ■ Households Serviced Weekly: 3,819 (priority neighbourhoods) Program Content ■ Provide curbside collection of residential refuse and disposal of that refuse. • Establish the collection schedule by two -week cycle day and route (attached). • Service residential households bi- weekly, except as otherwise specified. • Service designated priority neighbourhoods on a weekly basis. ■ Make route and schedule adjustments from time to time so as to ensure that resource and time allocations reflect residential growth and other changes. Budgeted Annual Cost of Program ■ $2,270,525 (2009) Performance /Cost Measures • Refuse tonnage collected by route, by day and by collection cycle • Refuse tipping fees by route, by day and by collection cycle • Refuse collection costs by route, by day and by collection cycle ■ Route /daily completion times ■ Average cost per household serviced by route, by day, by collection cycle, by year September 29' ", 2008 SusTmnAmLiTy, QuALiTY AND DiLiGENcE Page 2 of 8 6-101- SAINT JOHN SERVICE PROGRAM: RESIDENTIAL COMPOST Program Goal To achieve effective and efficient collection and environmentally responsible disposal of residential compost in accordance with the Solid Waste By -Law and guidelines of the Fundy Region Solid Waste Commission. Client Base • Total Residential Households: 21,863 (as of 2008- 08 -28) • Households Serviced Bi- Weekly: 18,044 • Households Serviced Weekly: 3,819 (priority neighbourhoods) Program Content • Provide curbside servicing of residential compost carts and disposal of that compost. • Establish the collection schedule by two -week cycle day and route. • Service residential households bi- weekly, except as otherwise specified. ■ Service designated priority neighbourhoods on a weekly basis. ■ Support community compost initiatives. ■ Make route and schedule adjustments from time to time so as to ensure that resource and time allocations reflect residential growth and other changes. Budgeted Annual Cost of Program ■ $1,171,595 (2009) Performance /Cost Measures ■ Compost tonnage collected by day and by collection cycle ■ Compost tipping fees by day and by collection cycle ■ Compost collection costs by day and by collection cycle ■ Daily completion times ■ Average cost per household serviced by day, by collection cycle, by year September 29'h, 2008 SUSTAINABILITY, QUALITY AND DiLiGpNcE Page 3 of 8 SAINT IOHN SERVICE PROGRAM: BLUE BIN RECYCLING & COMPOSTING PROMOTION Program Goal To strongly encourage all citizens to participate actively in the "Blue Bin Recycling" of paper, cardboard, metals, and plastics, and to optimize residential composting activity. Client Base ■ Citizens: 68,000 ■ Total Residential Households: 21,863 (as of 2008- 08 -28) ■ Fundy Region Solid Waste Commission (FRSWC) Program Content ■ Promote use of FRSWC Blue Bin Recycling depots located in Saint John. ■ Encourage citizens to drop off paper, cardboard, metals, and plastics at those depots. ■ Work with the FRSWC to maintain depot placements and to consider relocations in order to achieve optimal recycling. ■ Promote private composting, where feasible, and the optimal use of compost carts. Budgeted Annual Cost of Program ■ $20,537 (2009) Performance /Cost Measures ■ Tonnage recycled by Blue Bin depots, by month and by year ■ Equivalent tipping fees saved by Blue Bin depots, by month and by year ■ Level of residential composting activity based on tonnages collected by day, by collection cycle, by year September 29` ",1008 SUSTAINABILITY, QUALITY AND DmirrxcE Page 4 of 8 A 0S SERVICE PROFILE - SOLID WASTE P&MAGEMENT SERVICE SAINT JOHN SERVICE PROGRAM: LITTER CONTROL Program Goal To effectively control street litter and to efficiently service municipal litter containers placed at strategic locations around the city. Client Base • Municipal Streets (in kilometres): 745.2 • Uptown Streets (in kilometres): 29.5 • Uptown Property and Business Owners: 2317 properties 1515 business owners • Priority Neighbourhoods Streets (in kilometres): tbd • Litter containers serviced: 137 Program Content ■ Promote individual responsibility for litter -free streets and neighbourhoods. ■ Organize, map and schedule area service, with container locations. °� N ■ Service Uptown streets (cleaned of litter) on weekly basis ■ Service Uptown litter containers twice daily. ■ Service municipal streets (cleaned of litter) on a monthly basis ■ Service other litter containers are serviced on a daily basis ■ Undertake quarterly litter control initiatives with "vulnerable neighbourhoods ". ■ Make route and schedule adjustments from time to time so as to ensure that resource and time allocations reflect residential growth and other changes. Budgeted Annual Cost of Program ■ $148,111 (2009) Performance /Cost Measures SERVICE PROFILE - SOLID WASTE MANAGEMENT SERVICE SAINT'' 101-IN SERVICE PROGRAM: SPECIAL ACTIVITIES Program Goal To provide for effective collection and environmentally responsible disposal of refuse collected through special service activities, including Bulky Items Pick-Up, White Goods Drop Off, Municipal Facilities, Christmas Tree Mulch, and Neighbourhood Clean-Up Initiatives. Client Base ■ Citizens: 68,000 ■ Total Residential Households: 21,863 (as of 2008-08-28) ■ Municipal Facilities Serviced: 13 ■ Neighbourhoods: all Pro ram Content ■ Provide Bulky Items Pick-Up (items too large for regular collection) on a call for service and schedule basis - up to twice annually for each residential household. ■ Service identified municipal facilities, ■ Schedule White Goods Drop-Offs for two days in May and October of each year, ■ Support neighbourhood clean-up initiatives, upon request and scheduling of staff and equipment resources. ■ Schedule the Christmas Tree Mulch for a two-week period in January of each year. Budgeted, Annual Cost of Program ■ $168,785 (2009) Performance/Cost Measures ■ Tonnage collected by special activity ■ Tipping fees by special activity ■ Servicing costs by special activity ■ Registrations for special activities ■ Number of White Goods units diverted ■ Number of neighbourhood clean-up initiatives September 2Y", 2008 SusTAmAmLiTy, QTjALxTY AND DILIGENCE 241 Page 6 of 8 -WNT 10HN SERVICE PROGRAM: SERVICE COORDINATION AND CONSULTATION Program Goal To maintain an up -to -date inventory of eligible residential service customers, to coordinate timely service to those customers in accordance with the published schedule, to consult with citizens on matters of solid waste management, and to receive, record and follow -up on service requests from those customers. Client Base • Citizens: 68,000 • Total Residential Households: 21,863 (as of 2008- 08 -28) • New Residential Households: estimated at approximately 120 per year • Municipal Facilities Serviced: 16 Program Content • Maintain an up -to -date inventory of eligible residential households. • Incorporate new residential households into the service schedule. • Inform clients on schedules and routes. • Receive, log and act on inquiries and service requests. • Prepare and report on a full range of service performance and cost measures. • Maintain an ongoing dialogue with the community and neighbourhoods. Budgeted Annual Cost of Program ■ $1625114 (2009) Performance /Cost Measures • Content and frequency of performance /cost reporting • Households serviced • Inquiries and service requests processed • Opportunities for dialogue with citizens September 2Y*, 2008 SUBTAINABILITY, QUALITY AND DUAGENCE Page 7 of 8 OAR SAINT JOHN SERVICE PROGRAM: SOLID WASTE BY -LAW ADMINISTRATION & PUBLIC EDUCATION Program Goal To administer the By -Law in accordance with its intent and purpose, to proactively apply its provisions, to promote waste reduction, reuse of resources and material recycling, and to tape particular aim at preventing and prosecuting illegal dumping. Client Base ■ Citizens: 68,000 ■ Total Residential Households: 21,863 (as of 2008- 08 -28) • Commercial Establishments: approximately 3,835 • Land Area of the Municipality: approximately 333 square kilometres • Fundy Region Solid Waste Commission (FRSWC) Program Content • Advise on and maintain the By -Law to reflect the needs of the community. • Provide ongoing public education and a sustainability -based school program. • Inform the public through a variety of means, including "Packer Posters" and contributions to the FRSWC calendar. • Monitor solid waste placement and storage measures; identify areas of concern and follow -up appropriately with those responsible. • Advise property owners on eligibility/non- eligibility for municipal collection. • Investigate incidents of illegal dumping and gather evidence to prosecute violators. Budgeted Annual Cost of Program ■ 52451590 (2009) Performance /Cost Measures ■ Public education initiatives undertaken / student participation levels • By -Law violations identified and acted on • Cases of illegal dumping reported, investigated and prosecuted • Cost of illegal dumping -- investigation, prosecution and clean -up September 29�', 2008 SUSTAINABILITY, QUALITY AND DiLrGENcE Page 8 of 8 9 OAR Solid Waste Management Service Two -Week Refuse Collection Cycle Effective September 29, 2008 pay oete o oC 'ota'6 417 �IIII0ld Vrifts r ito 426 H "Itold units .10ay° 17.1% P "hold g`�htold Units uAts � W " ooIk % Cyc e Contract t„tnit to d'& 01 Narno Mon -1 Code 1 Name -T Loch Lomond (Airport) area l=ast 2 Golden Grove East 459 465 18.7% Contract Unit 3 Glen Falls East 501 549 22.1% City Unit 4 Forest Hills Parkhill East 453 521 21.0% C'iliy N.Dnit 5 Forest Hills Mountain East 496 523 21.1% airy unit Day 01 (First Monday) 2326 2484 19'.1% 9i lea 02 Tue-1 1 Greenwood East 449 461 19..8 t�ity i "Alit 2 Latimore East 453 463 i 9.8% C1011°1tract U11-I t 3 Lakewood East 533 553 23.7% City Unit 4 5 Heatherway Silver Falls East East 401 418 406 17.4% 451 i9.,% cx)irltract t.tir lit ctyl «lnm D,ty 02 (Rr,,,st Tuesday) 2254 2334 ;7,9% 03 Wed -1 4 5 /f/���l,� erv¢irrm /?�D71, Waterloo village* Ki West* n9 / South West ri (P %'..,� 278 292 S', y ��l //� 519 444 ,✓ l /� /i�,t i r /1 frl�A%ji�j�/ 18.6% 15.9% III �� � iii iii /�� /,, i /„r Ji ///`/(%1(// ;•,f,•1 t Cibi 1,Jnit Ciity, Unit 6 Queen West`` West 307 4t }' 14.4 1, °ally lint, Day 03 (First Wednesday) 1752 2793 21.5% 1 o,'tt% 04 Thu -1 1 Crescent Valley` North 442 527 20Z% (,arty itlnl't 2 Old North E6d* North 299 499 19.5% 1`1114Y (hrli t 3 Douglas North 327 451 17.6% City Unit 4 Riverview Prince West 442 565 22.1% Cointiir'alc1 Unit 5 Beaconsfield West 443 517 20;2"% ( "Ontkaibl Urall Day i9 (First ThuNCcy) 1953 2588 19.7% 100 05 Fri -1 1 2 Sand Cove Sherbrooke West West 446 404 450 450 15.9% 15.9% City t.trril City LAIR 3 Fundy Heights West 496 520 16.3% City uirflt 4 Fairvllle West 414 503 17.7% COU °utract Uiini t 5 Green Head West 413 452 15.9% Contracl Uralit 6 Greendale West 1 452 460 1621% cify"Mrfar"t W.tnilt Day 05 (First Friday) 2625 2,835 " 21.8% 11.0% Week -. First Week C-yrvtc 10910 'r300:b . 50,f"�n August 28, 2008 1 of 2 9i OAR Solid Waste Management Service Two -Week Refuse Collection Cycle Effective September 29, 2008 Day lut t "ttld Units lisrO 1416old, �1'ni " bay, 14,`h,04 uIra11 60, fftal U'llitis Cycle Co e. Name torte Nalnlp Area, 1 Torryburn Sandy Point East -North 362 373 15.8% carifia"d Unt 2 IMIlldgeville North 493 504 21.4% 'City It,,,tinlill 3 'Cedar Point North 489 490 20.8% C'tty iUu'alit 06 Mon -2 4 University North 488 519 22.0% Cor tract'Unq't 5 Pokiok Tartan North 378 470 19.9% GRY U114 Clay 06 (Seccand Monday) 2210 7356 t 8.6 -r`. Tad l ®#ead SAC 485 4FA, 18,1 a 'ball1faO !UnA, " 0sc sid a t 6m 18""? % (";'Ali r-O&1 014 07 Tue -2 Clttntarq:lkht't '51 5 1,t1 '19t "1i.:1�i tOld o t list ; 531 569 2 11 , w 01 ;t II I I'aBil �° �a� ilty. in, it 2, 21,5ka 0.8 IM, i ooai iiiopii, <rr / , i �/ %Gi/i/O% /// � „i„ /�I r L ilo,; J IJ 1rrr /arrroj, % / / Elm,/ fI �;�e�r�,��� /rl ,1)i , ,�„ iiiP,,, io, ,, ✓% 08 Wed -2 4 Watedoo Village` South 278 519 j 18.6% City Unit 5 King Wese West 292 444 15.9% Cfty Unit 6 igeQp West` Wes:C 5 "y 402 14.4% City Unit Day 08 (Soixond Wodnesd ') 1752 2793 22.,0% 10.91YO North 2 527 cifyjUnml Thu-Z, Cr ns`tdh a wl'il 3 491 l�i' it Opoy0d,C'oO Cali rtM'M 1 ,5."1 R'rrrxtr; rtrwN 9'ill; 5 10ckw arad. t i4h1 ' 40 q�8' .. v51%_ p1 qll Day, 09J nd Thy irsclay) 1,813' 2408 1 l-omeville West 458 467 19.5% City Ltnit 2 'Westgate West 507 511 21.4% City II..Init 3 Quinton West 523 540 22.6% City Unit 10 Fri -2 4 Acamac West 406 418 17.5% CorltrafA unlit. 5 Morna West 446 454 19.0% ra „P °as1tract,, I nif Day 10 (SewndJ Rid ay) 7142 2390 18.9% 9.3% to -2 a�n r4+a�,t1 ° -WaGe 1,�Gy. t t, T'W Cycle 11 y �� a �' � ........ August 28, 2008 2 of 2 3 AKI 8/29/2008 N 8/29/2008 8/29/2008 co N 8/29/2008 2007 OPERATING HIGHLIGHTS OF THE CITY OF SAINT JOHN GENERAL FUND AND THE CITY OF SAINT JOHN WATER AND SEWERAGE UTILITY The General Fund realized a small deficit for the year ended December 31, 2007 of $69,292 based on total revenues of $111,539,400 versus total expenditures of $111,608,692. Revenues Expenditures Surplus Budget $110,650,669 $110,650,669 $ 0 Actual $111,539,400 $111,608,692 $ (69,292) Variance $888,731 $ (950,823) $ (69,292) The Water and Sewerage Utility incurred a deficit for the year ended December 31, 2007 of $407,346 on revenues of $29,140,700 and excess revenue from previous years of $62,345 versus expenditures of $29,610,391. Revenues Expenditures Budget $ 29, 727, 081 $ 29,789,426 Actual $ 29,140, 700 $ 29,610,391 Variance $ (586,381) $ 179,035 Excess revenue previous years $ 62,345 $ 62,345 $ 0 Surplus $ 0 $ (407,346) $ (407,346) 250 2007 Operating Highlights GENERALFUND It has been the objective to provide a base budget that provides sufficient funding to meet the service requirements of the citizens of Saint John without increasing the tax rate. Key revenues that contributed to the positive year end results were recreational and cultural revenues ($107,000), parking meter revenue (60,000), Market Square parking garage revenue ($227,000), and short -term interest revenue ($600,000) higher than budget. On the other side permit revenue and gas pipeline revenue were under budget on revenues ($385,000). While this analysis explains the revenue items that contributed to the surplus it is important to not lose sight of the fact that the major source of revenue for the City is property taxes. Property tax revenue in 2007 was $84,246,996 or 75.53% of total revenue. The unconditional grant of 19,117,473 represented 17.14% of total revenue and the combined total of $103,364,469 was 92.67 %. On the expenditure side there were both positive and negative variances that impacted the operating results. Key in these areas was an under expenditure in Finance and IT, each of over $100,000, because of vacancies in staffing, Municipal Operations was lower in administration by almost $160,000 because of lower than anticipated expenditures in training and insurance deductibles, storm Sewer was under budget by over $700,000 because the focus on staffing was on street and sidewalk maintenance and the storm sewer strategy was not completed until mid March. There were also vacancies in the planning area and Real Estate management was under budget because of decrease in property taxes. Market Square Common area costs were down because better allocation of these costs. We experienced negative variances in general government because of the unbudgeted cost of the plebiscite. Protective services was over budget because of the accrual of wages for both Police and Fire for wage settlements and the increase in the cost of water supply. The mechanics area was over budget because of increased fleet maintenance and Transit experienced an overage because of fuel and overtime costs. We want to bring to your attention that an over estimate of the benefit costs of approximately $700,000 during the year gave us the ability to fund the retirement allowance to the actuarial value and to clear all the outstanding benefit amounts from previous years. (A complete review of the benefit costs and allocation is still undergoing.) It also allowed us to move some funding so we would not be required to borrow as much for capital purchases. While this expenditure has been reflected in the operating results for 2007, these statements are in fact "Draft Financial Statements" and should it be the will of Council not to fund these items at this time the Financial Statements can be modified to remove this expenditure. 2 251 2007 Operating Highlights This is also the case in terms of the funding related to the fleet replacement program. When this program was introduced it was the goal of the program not to borrow for fleet replacement. When the initial draft of the 2007 budget was prepared, adequate funding was included for fleet replacement but additional purchases of equipment approved by Council required additional funding. When it became apparent that there was going to be a surplus in 2007 an amount for fleet replacement was recorded eliminating the need to incur long- term debt for fleet replacement. Again should it be the will of Council not to fund this item the Financial Statements can be modified to remove the additional expenditure related to fleet ($700,000). Some other items of note that although not significant in terms of the magnitude of the dollars involved nonetheless demonstrated the willingness of Common Council to be responsive to the needs of the community. These include a number of areas that we fund through a grant program: Human Development Council, numerous recreation centers, Boys and Girls Club, Senior Citizens Center, Prude, Aquatic Club, Ability Advisory, youth arena rentals, Saint John Horticultural, UNBSJ, Seafarer's Mission, Arts and Cultural Board, Arts and Cultural Programs (including NB Historical Society, Saint John Theatre Company, Uptown Saint John and Opera New Brunswick), Rehabitat Inc, ARCF De Saint John, Fundy Bay Festivals and Saint John Regional to name a number of the worthwhile organizations that are looking for support. This summary has attempted to highlight for Common Council the major items that have contributed to the operating results for 2007. In looking at the Financial Statements there are numerous other variances both positive and negative that can be seen but have not been included in these notes. Staff are prepared to entertain any questions or investigate further any issues Council may have related to these items. There are also some other key points that should be discussed in terms of these Financial Statements. The first one is the amount of debenture debt outstanding at the end of 2007. The total was $52,390,700 and represents an increase of $2,398,100 over 2006. In view of the substantial capital projects approved in the 2007 budget and on the horizon for the next few years this is an area that needs to be monitored closely. Another issue is the Pension Plan and the status of its funding. The last actuarial valuation was completed at December 31, 2006 and resulted in an unfunded liability on a going concern basis of $31,014,900. The 2006 valuation has been updated by extrapolation for year end 2007 and the results indicate a deficiency on a going concern basis of $46,894,889. The results of this extrapolation are 252 2007 Operating Highlights included in the Notes to Financial Statements, note 4.B. Pension Plan Actuarial Information page 13 in the General Fund draft Financial Statements. WATER & SEWERAGE UTILITY As stated in the overview at the beginning of this report the Water & Sewerage Utility has a deficit for the year ended December 31, 2007 of $407,346. Total revenues were under budget by $586,381. This consisted of lower revenue obtained from all classes of customers in the amount of $768,000. Flat rate revenues were under budget by roughly $203,000 and our metered customers were under budget by $565,000. Another source of revenue comes from charges to the General Fund for Water Supply for Fire Protection and a charge for Storm Sewer. These charges are based on costs incurred by the Utility and have been determined using calculations provided in the Business Plan review completed in 2002. The net result of actual costs incurred in 2007 was a charge of $9,600 over budget. The shortfall in revenues was offset by savings in operating expenses of $109,900 and lower than budgeted fiscal charges of $179,000. The positive variance in fiscal charges was a result of lower debenture interest and in debenture costs. In terms of other items of importance to the Water & Sewerage Utility from 2007 the above discussion for the General Fund related to long -term debt is equally valid in the Utility. CONCLUSION The City of Saint John General Fund has experienced a small deficit and Saint John Water experienced a larger deficit for the year ended December 31, 2007. We will continue to constantly monitor our operating results with a view to controlling costs as well as looking for new ways to generate revenues. The year 2008 will continue to challenge everyone as we go into a new year preparing and planning to the best of our ability to ensure we continue to offer the services our citizens are looking for at the best possible value. 4 253 August 20, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: 2007 Audited Financial Statements The 2007 audited financial statements for the following funds will be presented to Common Council on September 2, 2008: 1. City of Saint John General Fund 2. City of Saint John Water and Sewerage Utility 3. City of Saint John Reserve and Trust Funds Ernst & Young have audited these financial statements and their Auditor's Report is attached to each set of statements. Any questions related to the audit should be directed to the representatives of Ernst & Young who will be in attendance. As in previous years, it is suggested that questions relating to the operating results or financial position of the General Fund, the Utility or the Reserve and Trust Funds be directed to the Commissioner of Finance, Mr. Yeomans. This procedure will recognize management's responsibility for the finances of the City and the preparation of the financial statements. Your Finance Committee reviewed the financial statements with Finance Department staff and Ernst & Young representatives on August 20, 2008. Upon completion of the presentation of these statements I will move the following motion: That the audited financial statements of the City of Saint John General Fund, Water and Sewerage Utility and the Reserve and Trust Funds for the year ended December 31, 2007 be approved as presented. Respectfully submitted, Deputy Mayor Stephen Chase Chair Finance Committee 254 Financial Statements The City of Saint John General Fund December 31, 2007 255 CONTENTS Auditors' Report Page Operating Fund Balance Sheet 2 Operating Fund Statement of Revenue and Expenses Operating Fund Statement of Equity 4 Capital and Loan Fund Balance Sheet 5 Capital and Loan Fund Statement of Equity 6 Statement of Source and Application of Capital Financing 7 Notes to Financial Statements Operating Fund Schedule of Revenue Items Operating Fund Schedule of Expense Items 256 8 -17 18 -19 20 -25 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John General Fund as at December 31, 2007 and the related statements of revenue and expenses, equity and source and application of capital financing for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of The City of Saint John General Fund as at December 31, 2007 and the results of its operations and the source and application of its capital financing for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Conuuon Council of The City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, July 8, 2008. 257 Chartered Accountants 1 The City of Saint John General Fund OPERATING FUND BALANCE SHEET As at December 31 2007 2006 Page $ $ ASSETS Cash and short term deposits 10,118,594 2,650,639 Accounts receivable 6,077,122 5,71.5,701 Dice from associated entities 640,819 564,052 Water and Sewerage Capital and Loan Fluid 17,483,348 12,304,443 5 General Capital and Loan Fund 1,610,254 - -- Inventory of materials and supplies, at the 22,021 22,021 lower of cost and replacement cost 841,780 841,849 13 Deferred expense - Pension [note 4] 6,455,450 8,069,313 Prepaid expenses 439,908 468,816 5 General Capital and Loan Fluid 43,026,456 30,050,761 LIABILITIES AND EQUITY 14 Accounts payable and accred charges [note S] 10,388,856 7,658,363 10 Other payables [note 21 6,636,450 6,728,34.5 Interest payable on long -term debt 640,819 564,052 Dice to associated entities Saint John Parking Commission 4,050,614 3,027,709 Power Commission of the City of Saint John 12,259 12,259 Harbour Station Commission 22,021 22,021 The City of Saint John - Pension Fluid 146,650 74,624 Saint John Transit Commission 356,818 291,942 Water and Sewerage Utility Operating Fluid 9,568,929 6,188,63.5 5 General Capital and Loan Fluid - -- 3,199,269 Deferred revenue 746,483 602,290 Computer replacement fiend 869,544 646,97.5 Fleet replacement fiend 198,410 42,317 11 Long -term debt [note 3] 8,400,000 - -- 42,037,853 29,058,801 4 Equity 988,603 991,960 43,026,456 30,050,761 See accompanying notes Approved by: Mayor Chair of Finance Committee 258 2 The City of Saint John General Fund OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Revenues Transportation services 21,417,943 22,002,121 Property taxes 84,246,996 84,246,996 80,140,223 Unconditional grant 3,168,309 23 Environmental development services Province of New Brunswick 19,117,473 19,117,473 18 ,742,621 18 Sale of goods and services 880,700 989,038 1,038,021 19 Other revenue from own sources 5,216,000 5,733,485 4,741,428 19 Conditional grants from other 4 Excess of expenses over revenue - governments 360,000 315,404 420,863 Miscellaneous revenue 829,500 1,137,004 1,221,189 Total revenues 110,650,669 111,539,400 106 ,304,34.5 Expenses 20 General government services 10 ,091,31.5 10,068,656 9 ,424,467 21 Protective services 41,837,601 42,210,533 40,510,579 22 Transportation services 21,417,943 22,002,121 20 ,341,988 Environmental health services 3,169,262 3,151,196 3,168,309 23 Environmental development services 9,483,807 9,095,870 8,210,657 24 Recreational and cultural services 7,188,468 7,340,845 7,270,126 25 Fiscal services 17,396,338 17,673,536 15,630,330 4 Excess of expenses over revenue - second previous year 6.5,93.5 65,935 689,991 Total expenses and fiscal services 110,650,669 111,608,692 105,246,447 Excess of (expenses over revenues) revenues over expenses for the year - -- (69,292) 1,057,898 See accompanying notes 259 The City of Saint John General Fund OPERATING FUND STATEMENT OF EQUITY Year ended December 31 2007 2006 Page $ $ Equity (deficit), beginning of year 991,960 (7.5.5,929) Add: 3 Excess of revenues over expenses (expenses over revenues) for the year (69,292) 1,057,898 922,668 301,969 Add: 3 Excess of expenses over revenues - second previous year 65,935 689,991 2 Equity, end of year 988,603 991,960 See accompanying notes 260 4 The City of Saint John General Fund CAPITAL AND LOAN FUND BALANCESHEET As at December 31 2007 2006 Page $ $ ASSETS Dice from associated entities Water and Sewerage Operating Fund 17,326 28,801 2 General Operating Fund - -- 3,199,269 14 Saint John Transit Commission - -- 964,047 Saint John Non - Profit Housing - -- 8,9.52 17,326 4,201,069 Investments in shares of wholly owned company, Sault John Industrial Parks Ltd., at cost 994 994 12 Land, buildings, plant and equipment and engineering structures [note 3] 418,226,346 396 ,452,847 418,244,666 400 ,654,910 LIABILITIES AND EQUITY 11 Debenture debt [note 3] 52,390,700 54,788,800 11 Other long -term debt [note 3] Canada Mortgage and Housing Corporation - -- 5,9.58 Saint John Parking Commission 294,280 367,8.50 Deferred contributions 276,457 - -- Dice to associated entities 2 General Operating Fluid 1,610,254 - -- Water and Sewerage Utility Capital and Loan Fluid 1,253,713 69,3.58 Saint John Transit Commission 2,894,194 4,8.51,388 58,719,598 60,083,384 6 Equity 359,525,068 340 ,571,5.56 418,244,666 400 ,654,910 See accompanying notes Approved by: Mayor 261 Chair of Finance Committee 5 The City of Saint John General Fund CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 2007 2006 Page $ $ Equity, beginning of year 340,571,556 321,694,709 Debt repaid by the General Operating Fund Debenture debt 8,098,100 7 ,84.5,300 Canada Mortgage and Housing Corporation 5,958 5,430 Municipal Development and Loan Board - -- 170 Saint John Parking Commission 73,570 73,570 8,177,628 7 ,924,470 Contributions in aid of constriction Provincial Government 7,973,985 8,943,724 Federal Government 3,298,151 - -- Other 401,850 1,701,738 11,673,986 10 ,64.5,462 Proceeds of land sales in excess of estimated cost 87,123 82,8.54 Capital projects fmanced by the General Operating Fluid 500,241 653,019 Fixed assets purchased by the General Operating Fluid 2,841,918 4,416,8.54 Contribution to Saint John Transit Commission (4,327,384) (4,84.5,812) 5 Equity, end of year 359,525,068 340 ,571,5.56 See accompanying notes 262 6 The City of Saint John General Fund STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 Application Capital expenditures 21,773,499 24,222,9.58 Debt repayment 8,177,628 7 ,924,470 Increase in amounts due from associated entities 972,720 - -- Contribution to Saint John Transit Commission 4,327,384 4,84.5,812 35,251,231 36,993,240 See accompanying notes 263 7 2007 2006 Source Debentnre issue 5,700,000 11,000,000 Contributions in aid of constriction Federal Government 3,298,151 - -- Provincial Government 7,973,985 8,943,724 Other 401,850 1,701,738 Fixed assets purchased by the General Operating Fund 2,841,918 4,416,8.54 Capital projects financed by the General Operating Fund 500,241 653,019 Proceeds on land sales in excess of estimated cost 87,123 82,8.54 Debt repaid by the General Operating Fluid 8,177,628 7 ,924,470 Increase in amount due to the General Operating Fund 4,809,523 1,949,08.5 Increase in amount due to Water and Sewerage Utility Capital and Loan Fund 1,184,355 69,3.58 Deferred contributions 276,457 - -- Decrease in amount due from associated entities - -- 252,138 35,251,231 36,993,240 Application Capital expenditures 21,773,499 24,222,9.58 Debt repayment 8,177,628 7 ,924,470 Increase in amounts due from associated entities 972,720 - -- Contribution to Saint John Transit Commission 4,327,384 4,84.5,812 35,251,231 36,993,240 See accompanying notes 263 7 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 1. ACCOUNTING POLICIES These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Financial statement presentation The General Fund financial statements of The City of Saint John (the "City ") have been prepared in accordance with the fund basis of accounting. The Operating Fund reflects the City's working capital and results of operations and the Capital and Loan Fund reflects its investment in fixed assets and outstanding long -term debt. Fixed assets and depreciation Fixed assets are initially recorded at cost. Funds received through capital assistance programs, cost sharing arrangements or loan forgiveness are treated as additions to equity in capital assets, except where the asset was acquired under the Urban Renewal Program. In these cases the funds received are netted against the asset cost. The City does not record depreciation on its fixed assets, but an amount equal to annual debt repayment is charged to operations and credited to equity in capital assets. The City also charges to operations all capital projects that are financed in the current year from operating funds. Accrual accounting The City follows the accrual method of accounting for revenue and expenses. 264 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 1. ACCOUNTING POLICIES (continued) Accounting for second previous year's operating results Section 89 of the Municipalities Act of New Brunswick requires that the excess of revenue over expenses for a fiscal year be included in revenue in the second ensuing year and that similarly, the excess of expenses over revenue for a fiscal year be included in expenses in the second ensuing year. Accounting estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Financial instruments The carrying values of the City's financial instruments other than long -term debt approximate fair values because of their short -term maturity and normal credit terms. The City's accounts receivable do not represent significant concentration of credit risk because the accounts are owed by a large number of ratepayers on normal credit terms. As long -term debt is arranged with the Province of New Brunswick and is not renegotiable, the fair value of long -term debt, affected by possible changing interest rates, has not been determined. At year -end the City did not have any exposure relating to derivative instruments. 9 265 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 2. OTHER PAYABLES 2007 2006 Heart and hung liability 1,900,000 2,01.5,500 Vacation pay 1,921,950 2,103,94.5 Retirement allowance 2,814,500 2,608,900 6,636,450 6,728,34.5 The City pays certain amounts to disabled firefighters and their spouses as a result of the provisions of an Act of the Legislature, known as the Heart and Lung Act. An actuarial review of this plan was completed as at December 31, 2007. The estimated actuarial present value of benefits at December 31, 2007 is $1,900,000. This review only covers current claimants and does not include possible future claims. The City has provided for vacations earned but not paid. All employees upon retirement from the City of Saint John are entitled to a retirement pay bonus equal to one mouth's pay, to a maximum of six months, for every five years of service. The program has been amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. 10 266 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. DEBENTURE AND OTHER LONG -TERM DEBT Debentures consist of the following: Year of Interest Term 2007 2006 Issue rate Years Balance Balance 1997 4.125 to 6.000 10 - -- 814,000 1998 5.250 to 5.625 10 729,500 1,459,000 1999 5.200 to 5.750 10 1,731,200 2,599,800 2000 6.100 to 6.400 10 1,992,000 2,656,000 2001 2.450 to 5.500 10 2,020,000 2,525,000 2002 3.375 to 5.750 10 3,980,000 4,776,000 2003 3.050 to 5.000 10 6,804,000 7,938,000 2003 2.750 to 5.125 10 3,564,000 4,158,000 2004 2.750 to 4.800 10 9,449,000 10,236,000 2005 3.750 to 4.375 10 6,154,000 6,627,000 2006 4.150 to 4.450 to 10,267,000 11,000,000 2007 4.450 to 4.850 10 5,700,000 - -- Debenture Debt 52,390,700 54,788,800 Other long -term debt consists of the following: Year of Interest Term 2007 2006 Issue rate Years Balance Balance 1982 9.50 25 - -- 5,958 Canada Mortgage and Housing Corporation 2007 4.36 5 8,400,000 - -- Province of New Brunswick 2005 2.75 7 294,280 367,850 Saint John Parking Commission Other long -term debt 8,694,280 373,808 11 267 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. DEBENTURE AND OTHER LONG -TERM DEBT (continued) The aggregate amount of principal payments required in each of the next five years is as follows: 2008 9,417,670 2009 8 ,682,170 2010 7,819,570 2011 7,155,570 2012 6 ,577,000 Fixed assets include $12,735,870 (2006 - $7,240,377) for which financing has not been arranged at year end. 4. PENSION PLAN A. OVERVIEW The City provides pension benefits to employees in accordance with the provisions of the revised City of Saint John Pension Act as enacted on May 12, 1994 and last amended on April 28, 2001. The plan is administered by a Board of Trustees, representing Common Council, management, unionized employees and retired employees. Prior to May, 1994 the plan was governed by The City of Saint John Pension Act, 1970. The plan is subject to the provisions of the New Brunswick Pension Benefits Act which became effective January 1, 1992. The plan is a defined benefit plan which provides for pensions based on length of service and rate of pay. Both the municipality and the employees make contributions to the plan. The City's contribution limits are fixed by legislation at a minimum amount of 7% of employee earnings. The City is currently contributing at a rate of 8.1 °/0 of salary. Effective May 1, 2007 the employee contribution rate was changed from 8.5% to 10.5% of pensionable earnings. The additional 2% employee contributions will be made until the sooner of May 1, 2010 or to the date when the going concern unfunded liability has been eliminated. The City charges all of its contributions to expense in the year the contribution is made. The amount contributed for employees, other than those funded by the Water and Sewerage Utility, for 2007 was $7,714,410 (2006 - $14,416,009). 12 .: The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 4. PENSION PLAN (continued) B. ACTUARIAL INFORMATION The 2006 actuarial valuation indicated the present value of accumulated plan benefits was $396,778,000 and the adjusted market value of net assets available to provide benefits was $365,763,100 with an estimated unfunded liability of $31,014,900 on a going concern basis. As of December 31, 2006, the liabilities on a solvency basis were greater than the solvency assets by $106,832,800. The 2006 valuation has been updated by extrapolation to December 31, 2007 and the results indicate that the accumulated plan benefits now exceed the adjusted market value of assets available to provide benefits resulting in a deficiency of $46,894,889 on a going concern basis. This valuation relates to the entire plan which includes employees funded through both the General Fund and the Water and Sewerage Utility. Current costs and special funding payments are allocated to each fund on the basis of a percentage of payroll. C. DUE TO THE PENSION PLAN The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption is requested to fund over a period of no more than 15 years, or the period to December 31, 2018, whichever is shorter, or an exemption from making solvency payments is granted. In 2007 the exemption from making solvency special payments to the pension plan was sought and received. As a result of receiving this exemption there is no longer solvency funding due from the City of Saint John as at December 31, 2007. During 2007 the City of Saint John paid the plan $4,358,454, which represented required special funding and interest on a going concern basis (2006 - $12,553,100 covering years 2004 to 2006). The General Fund's share of this for 2007 is $3,839,792. The City of Saint John is required to make special going concern payments until 2018. 13 269 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 4. PENSION PLAN (continued) C. DUE TO THE PENSION PLAN During 2006 the City of Saint John paid the plan $12,553,100, which represented required special funding and interest on a going concern basis for the years 2004 to 2006. The General Fund's share of this was $10,759,262 of which $1,200,000 was expensed in 2005, and $1,489,949 was expensed in 2006 leaving a balance of $8,069,313. This amount was recorded as a deferred expense. $1,613,863 was expensed in 2007, leaving an unamortized balance of $6,455,450. The City has received approval to amortize this expense over a period ending in 2011. 5. COMMITMENTS Saint John Transit Commission During 1979, the Saint John Transit Commission was created by an Act of the Legislative Assembly of New Brunswick. Under provisions of the Act, the Conuuission has the authority to maintain and operate a public transit system within the City of Saint John, with all operating losses and debt charges being funded by the City. The City of Saint John is also liable for the debentures issued on behalf of the Conunission which at December 31, 2007 amounted to $3,442,300 (2006 - $3,421,200). The Greater Saint John Economic Development Commission, Inc. During 1998, the Greater Saint John Economic Development Conuuission, Inc. was incorporated. The Articles of Incorporation provide a funding formula for costs to be shared by the participating municipalities. The participating municipalities are the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay - Westfield, and the City of Saint John. 14 270 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 5. COMMITMENTS (continued) Greater Saint John Regional Facilities Commission During 1998, the Greater Saint John Regional Facilities Conunission was created by an Act of the Legislative Assembly of New Brunswick. Under the provisions of the Act, the Conunission has the authority to determine the annual amount of the total municipal contribution to be made towards the operation of five regional facilities: the Canada Games Aquatic Centre, Harbour Station, the Saint John Trade and Convention Center, the huperial Theatre and the Saint John Arts Centre. Under the provisions of the Act, the City's contribution is its prorata share of the Conunission's operating budget based on the tax bases of the participating municipalities. The participating municipalities are the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay - Westfield, and the City of Saint John. Market Square Central Building Complex - Lease Agreements The Central Building Complex of the Market Square Project was opened to the public in May, 1983. This complex includes the library, trade and convention center, parking garage and retail and conuuercial space. Under the terms of three, sixty -six year leases, the City of Saint John is responsible for the proportionate share of the complex's comtuon area operating expenses, including property taxes, related to the library, trade and convention centre and parking garage. Collective Agreements There are provisions within a number of Collective Agreements between the City and bargaining units representing its employees that conuuit the City to the future expenditure of funds. The Agreement with CUPE Local 18, representing the City's outside workers, conuuits the City to employ a minimum of 293 employees at an approximate annual expenditure of $13,600,000. This Agreement expires on December 31, 2010. The Agreement with CUPE Local 486, representing the City's inside workers, has a no -lay -off provision related to all employees hired 15 271 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 5. COMMITMENTS (continued) prior to August 9, 1985 resulting in an approximate annual expenditure of $1,800,000. This Agreement expired on December 31, 2007 and was subsequently renewed on August 5`l', 2008 for the years 2008 -2011. In addition, the Collective Agreement between the Saint John Board of Police Conunissioners and CUPE Local 61, representing the City's Police Officers, contains a no -lay -off provision resulting in an approximate annual expenditure of $10,059,000. This Agreement expired on June 30, 2007 and was subsequently renewed on July 29t", 2008 expiring on June 30, 2010. University Funding In June of 2005 the City approved a grant of $2,000,000 to the University of New Brunswick, Saint John campus. This funding to the University's campaign "Forging Our Futures" is paid in cash and /or in kind over a period of 10 years conunencing in 2006. 6. CONTINGENCIES The City of Saint John is liable for the debentures and other long -term debt issued on behalf of its self - supporting entities: The Water and Sewerage Utility and the Power Conunission of the City of Saint John. The total of such debt outstanding at December 31, 2007 was $45,307,000 (2006 - $44,269,000). In accordance with the Clean Environment Act, the City is also liable for a pro - rata share of the debentures and other long -term debt issued on behalf of the Fundy Solid Waste Conuuission. The portion attributable to the City is determined on the basis of its percentage of total population within all participating municipalities and unincorporated areas. The total of such debt outstanding at December 31, 2007 was $12,993,000 (2006 - $14,617,000). Based on 2003 population figures, the City is liable for approximately 55% of the Conunission's debt. 16 272 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2007 7. RESTRICTIONS ON MUNICIPAL BORROWINGS Section 89 of the Municipalities Act of the Province of New Brunswick restricts a municipality's borrowings for operating purposes to less than four percent of the operating budget of the municipality, and to less than two per cent of the assessed value of real property in the municipality for capital purposes. Borrowings by the General Operating Fund and the General Capital and Loan Fund are within these legislative restrictions. 8. INTER -FUND ACCOUNTS All inter -fund accounts at December 31, 2007 represent current transactions and are in compliance with the policy established by the Department of Local Government. 9. TRANSACTIONS WITH THE CITY OF SAINT JOHN WATER AND SEWERAGE UTILITY (the "Utility ") The General Operating Fund reimbursed the Utility Operating Fund $1,909,618 (2006 - $1,690,282) for water supply for fire protection and $962,024 (2006 - $1,023,854) for storm sewerage charges. The General Operating Fund charged the Utility Operating Fund $1,337,000 (2006 - $1,347,000) for its share of general govermuent operating costs. Charges for the provision of direct service between funds are not reflected in these C Interest is charged on the balances between the General Fund and the Utility on a monthly basis. 10. COMPARATIVE FIGURES The comparative financial statements have been reclassified from statements previously presented to conform to the presentation of the 2007 financial statements. 17 273 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (1 of 2) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Sale of Goods and Services Protective services Point Lepreau 40,000 40,000 40,000 Training - -- 6,618 - -- Garbage collection and disposal 5,000 - -- - -- Recreational and cultural 649,700 756,420 813,021 Administrative service Pension Fluid 100,000 100,000 100,000 Housing Operations 44,000 44,000 43,000 Sault John Transit Commission 42,000 42,000 42,000 3 880,700 989,038 1,038,021 18 274 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (2 of 2) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Other Revenue from Own Sources Licenses and permits Business and other 76,000 91,705 82,720 Building 1,66.5,000 1,424,175 928,120 Plumbing 65,000 98,744 96,874 Gas pipeline 466,500 282,740 27,081 2,272,500 1,897,364 1,134,79.5 Fines and parking Parking and traffic violations 593,000 589,323 653,167 Parking meters 739,500 784,875 7.53,697 Market Square Parking Garage 733,000 959,729 837,628 2,06.5,500 2,333,927 2,244,492 Rentals Market 43.5,000 491,442 437,28.5 Land and buildings 193,000 157,389 320,804 628,000 648,831 7.58,089 17 Short-term interest [note 9] 250,000 853,363 604,052 3 5,216,000 5,733,485 4,741,428 Conditional Grants from Other Governments Provincial government and agencies Transportation services - highways 360,000 315,404 420,863 3 360,000 315,404 420,863 19 275 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (1 of 6) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) General Government Services Legislative Mayor's Office 194,275 209,297 19.5,920 Common Council 38.5,170 418,832 372,377 General Administrative 1,298,130 1,224,130 1,126,5.53 City Manager 487,220 482,499 540,230 Vision 201.5 600,646 618,404 433,524 Plebiscite - -- 267,490 - -- Common Clerk 7.54,991 695,255 768,091 Solicitor 697,120 629,367 520,046 Corporate Services Administration - -- - -- 71,534 Finance 1,317,441 1,207,691 967,190 Human Resources 1,298,130 1,224,130 1,126,5.53 Materials Management 928,707 1,011,541 1,12.5,443 Information Systems & Support 1,923,90.5 1,815,109 1,733,867 Common Services 15 City Hall Building [note _51 1,521,02.5 1,513,295 1,611,50.5 Other General Government Services Property Assessment 938,68.5 938,685 892,927 Public Liability Insurance 43.5,000 374,061 412,260 11,482,31.5 11,405,656 10 ,771,467 17 Deduct administrative costs allocated to the Water and Sewerage Operating Fluid [note 9] (1,391,000) (1,337,000) (1,347,000) 3 10 ,091,31.5 10,068,656 9 ,424,467 20 276 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (2 of 6) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Protective Services Police Protection 18 ,880,220 18,975,273 18,260,517 Fire Protection Salaries and other operating costs 17,810,788 17,997,331 17 ,344,167 17 Water supply [note 91 1,708,119 1,909,618 1,690,282 Emergency Measures Emergency Measures Organization 171,3.51 158,484 160,833 Emergency Dispatch Centre 1,871,028 1,801,394 1,723,011 Other Protection Building Inspection 1,266,09.5 1,237,812 1,207,374 Animal Rescue League 130,000 130,621 124,39.5 3 41,837,601 42,210,533 40,510,579 21 277 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (3 of 6) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Transportation Services Common Services Mechanical and Carpentry 471,019 978,003 51.5,884 Administration 1,969,831 1,810,043 1,664,707 Engineering 379,691 382,973 299,288 Road Transport Roads and Streets 10,336,131 10,820,342 10,306,691 Street Lighting 92.5,000 894,784 8.59,009 Traffic Services 986,887 1,112,357 877,801 Parking 431,410 434,376 371,251 17 Storm Sewer [note 91 2,198,468 1,481,754 1,679,717 14 Public Transit [note _5] Operating Subsidy 3,080,000 3,436,818 3 ,091,942 Interest expense and capital debt retirement 639,506 650,671 67.5,698 3 21,417,943 22,002,121 20 ,341,988 22 278 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (4 of 6) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Environmental Development Services Research and Plaiming 830,882 742,952 692,699 Administration and GIS 727,070 670,586 50.5,900 Real Estate Management 1,337,052 1,241,203 1,006,127 Market Square Corporation 312,446 310,616 243,500 Environment Committee 4,400 2,314 3,31.5 Preservation Review Board 206,950 199,734 126,529 14 Greater Sahit John Economic Development [note 51 408,420 408,420 396,49.5 Saint John Industrial Parks 82,200 82,200 80,000 15 Market Square Common Area [note _5] 2,046,380 1,787,105 1,774,963 Growth Strategy Initiative 2.5,000 28,641 61,04.5 15 Regional Facilities Commission [note 5] 1,839,7.57 1,841,424 1,548,454 Tourism and Communications 91.5,000 911,478 962,313 City Market 748,250 869,197 809,317 3 9,483,807 9,095,870 8,210,657 23 279 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (5 of 6) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Recreational and Cultural Services Recreational Administration 727,492 714,357 790,347 Pro Kids 72,229 74,808 - -- Community Centers 1,171,181 1,153,285 1,221,487 Arenas 1,160,707 1,199,532 1,121,831 Sportslields 1,353,409 1,370,125 1,424,458 Parks 1,429,600 1,507,030 1,467,002 Cultural Saint John Free Public Library 369,280 369,280 360,993 Cultmal Services 9.5,570 94,390 9.5,803 Grants 809,000 858,038 788,20.5 3 7,188,468 7,340,845 7,270,126 24 WE The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (6 of 6) Year ended December 31 Budget Actual Actual 2007 2007 2006 (unaudited) Page $ $ $ Fiscal Services Interest on long -term debt Debenwre debt 2,880,398 2,521,078 2,436,842 Other long -term debt - -- 11,786 14,720 Principal installments Debenwre debt 8,181,100 8,098,100 7 ,84.5,300 Other long -term debt 92,073 79,528 79,170 Capital projects financed by the General Operating Fluid 73.5,000 735,000 1,289,200 Other debt charges 210,000 54,108 64,660 Short-term financing 262,000 260,296 239,448 12 Funding of Pension Fund [note 4] 5,03.5,767 5,453,568 1,489,94.5 Other miscellaneous - -- 460,072 2,171,04.5 3 17,396,338 17,673,536 15,630,330 25 281 Financial Statements The City of Saint John Water and Sewerage Utility December 31, 2007 WA CONTENTS Auditors' Report Page Operating Fund Balance Sheet 2 Operating Fund Statement of Revenue and Expenses Operating Fund Statement of Equity 4 Capital and Loan Fund Balance Sheet 5 Capital and Loan Fund Statement of Equity 6 Statement of Source and Application of Capital Financing 7 Notes to Financial Statements 283 8 -14 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John Water and Sewerage Utility as at December 31, 2007 and the related statements of revenue and expenses, equity and source and application of capital financing for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of The City of Saint John Water and Sewerage Utility as at December 31, 2007 and the results of its operations and the source and application of its capital financing for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Conuuon Council of The City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, May 30, 2008. MI Chartered Accountants 1 The City of Saint John Water and Sewerage Utility OPERATING FUND BALANCESHEET As at December 31 2007 2006 ASSETS Accounts receivable 5,895,693 5,009,819 Dice from General Operating Fluid 9,568,929 6,188,63.5 15,464,622 11,198,454 LIABILITIES AND (DEFICIT) EQUITY Accounts payable and accred charges 2,507,877 2,211,188 Dice to General Capital and Loan Fund 17,326 28,801 11 Other payables [note 31 733,045 69.5,619 Interest payable on long -term debt 343,699 379,398 Dice to Water and Sewerage 5 Utility Capital and Loan Fluid 12,012,038 7,563,120 15,613,985 10,878,126 4 (Deficit) Equity [note 4] (149,363) 320,328 15,464,622 11,198,454 See accompanying notes Signed on behalf of the Council: Mayor Chair of Finance Committee 2 285 The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Budget Actual Actual (unaudited) 2007 2007 2006 Revenues Charges to customers 26 ,86.5,002 26,269,058 24,922,022 Charges to General Operating Fund [note S] Other long -term debt - -- - -- 12 Water supply for fire protection 1,708,119 1,909,618 1,690,282 12 Storm sewerage 1,153,960 962,024 1,023,8.54 2,862,079 2,871,642 2,714,136 Total revenues 29,727,081 29,140,700 27,636,158 Expenses Short-term financing costs [note S] 300,000 430,027 Water supply 14 Funding pension fiind [note 6] 518,450 Purification and treatment 1,599,332 1,809,032 1,57.5,672 Transmission and distribution 4,136,288 4,028,635 4,112,636 Primping 1,032,940 1,168,898 888,127 Sewerage Collection and Disposal Total expenses and fiscal services 29,789,426 29,610,391 Sewerage collection system 1,562,776 1,347,116 1,681,60.5 Sewerage treatment and disposal 3,197,98.5 3,413,484 3,063,378 Billing and collection 39.5,630 405,144 47.5,943 Operational support 726,203 723,702 769,014 Engineering 904,267 832,475 943,241 12 Administration and general government services [note S) 3,340,763 3,058,882 2,762,094 16,896,184 16,787,368 16 ,271,710 Fiscal services Interest on long -term debt Debenture debt 2,156,457 2,072,810 1,989,57.5 Other long -term debt - -- - -- 410 Principal installments 6 Debenture debt 5,962,000 5,962,000 5,817,000 6 Other long -term debt - -- - -- 20,613 Discount on debentures issned 177,900 61,089 43,469 6 Capital projects financed by the General Operating Fluid 3,7.53,93.5 3,753,935 2,7.56,088 12 Short-term financing costs [note S] 300,000 430,027 299,179 14 Funding pension fiind [note 6] 518,450 518,662 630,7.56 Intrastnicture agreement reserve 24,500 24,500 17,500 12,893,242 12,823,023 11,574,590 Total expenses and fiscal services 29,789,426 29,610,391 27,846,300 Excess of expenses over revenues (62,34.5) (469,691) (210,142) 4 Excess revenue of previous years 62,34.5 62,345 7.5,411 4 Excess of (expenses over revenues) revenues over expenses for the year - -- (407,346) (134,731) See accompanying notes :. The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF (DEFICIT) EQUITY Year ended December 31 2007 Equity, beginning of year 320,328 Add: 3 Excess of expenses over revenues for the year (407,346) (87,018) 2006 _530,470 (134,731) 39.5,739 Deduct: 3 Excess revenue of previous years (62,345) (7.5,411) 12 (Deficit) Equity, end of year [i!ote 4] (149,363) 320,328 See accompanying notes 287 4 The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND BALANCESHEET As at December 31 2007 2006 ASSETS Dice from General Capital and Loan Fluid 1,253,713 69,3.58 2 Dice from Water and Sewerage Utility Operating Fluid 12,012,038 7,563,120 10 Fixed assets [note 2] 233,629,850 220 ,714,566 246,895,601 228,347,044 LIABILITIES AND EQUITY 10 Long -term debt [note 2] Debentures 45,307,000 44,269,000 Dice to General Operating Fluid 17,483,348 12,304,443 62,790,348 56,573,443 6 Equity 184,105,253 171,773,601 246,895,601 228,347,044 See accompanying notes Signed on behalf of the Council Mayor Chair of Finance Committee 5 :: The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 2007 2006 Equity, beginning of year 171,773,601 161,669,527 Debt repaid during the year by the Utility Operating Fund 3 Debenture debt 5,962,000 5,817,000 3 Municipal Development and Loan Board - -- 20,613 5,962,000 5,837,613 Contributions in aid of constriction Federal and Provincial Government 1,885,216 1,173,781 Fixed assets purchased by the Utility Operating Fund 399,996 129,140 3 Capital projects financed by the Utility Operating Fluid 4,084,440 2,963,540 5 Equity, end of year 184,105,253 171,773,601 See accompanying notes :• 6 The City of Saint John Water and Sewerage Utility STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 2007 2006 Source Debenwre issue 7,000,000 8,000,000 Government contributions 1,885,216 1,173,781 Increase hi amount due to General Operating Fund 5,178,905 3,277,00.5 Fixed assets purchased by Utility Operating Fluid 399,996 129,140 Debt repaid by Utility Operating Fluid 5,962,000 5,837,613 Capital projects 1manced by the Utility Operating Fluid 4,084,440 2,963,540 24,510,557 21,381,079 Application Debt repayment Capital expenditures Increase hi amounts due from: 5,962,000 5,837,613 12,915,284 13,060,613 Utility Operating Fund 4,448,918 2,412,833 General Capital and Loan Fund 1,184,355 70,020 24,510,557 21,381,079 See accompanying notes 290 7 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2007 1. ACCOUNTING POLICIES These financial statements have been prepared to conform mall material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Muuicipal Affairs and Environment. Financial Statement Presentation The City of Saint John Water and Sewerage Utility (the "Utility ") financial statements have been prepared in accordance with the fund basis of accounting. The Operating Fund reflects the Utility's working capital and results of operations and the Capital and Loan Fund reflects its investment in fixed assets and outstanding long -term debt. Fixed Assets and Depreciation Fixed assets are recorded at cost. Funds received through capital assistance programs, cost sharing arrangements, or loan forgiveness are treated as additions to equity in capital assets. The Utility does not record depreciation on its fixed assets, but an amount equal to annual debt repayment is charged to operations and credited to equity in capital assets. The Utility also charges to operations all capital projects that are financed in the current year from operating funds. Accrual Accounting The Utility follows the accrual method of accounting for revenue and expenses. Accounting for a Surplus or Deficit at the End of a Fiscal Year Section 189(4) of the Municipalities Act of New Brunswick requires that the Utility establish rates which result in a quadrennially balanced budget. Further, Section 189(5)(b) states that should a surplus or deficit exist at the end of a year, it must be spread over a four year period convincing with the second ensuing year. 291 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2007 1. ACCOUNTING POLICIES (continued) Accounting Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Financial Instruments The carrying values of the Utility's financial instruments, except for long -term debt, approximate fair values because of their short -term maturity and normal credit terms. The Utility's accounts receivable do not represent significant concentration of credit risk because the accounts are owed by a large number of ratepayers on normal credit terms. As long -term debt is arranged with the Province of New Brunswick and is not renegotiable, the fair value of long -term debt, affected by changing interest rates, have not been determined. At year -end the Utility did not have any exposure relating to derivative instruments. 9 292 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2007 2. DEBENTURES Debentures consist of the following: Year of Interest Term 2007 2006 Issue Rate Years Balance Balance °k $ $ 1997 4.125 to 6.000 10 - -- 509,000 1998 5.250 to 5.625 10 378,000 756,000 1999 5.200 to 5.750 10 1,206,000 1,809,000 2000 6.100 to 6.400 10 939,000 1,252,000 2001 2.450 to 5.500 10 1,696,000 2,120,000 2002 3.375 to 5.750 to 3,850,000 4,620,000 2003 3.050 to 5.000 10 3,924,000 4,578,000 2003 2.750 to 5.125 10 7,608,000 8,876,000 2004 2.750 to 4.800 10 7,956,000 8,424,000 2005 3.750 to 4.375 10 3,150,000 3,325,000 2006 4.150 to 4.450 to 7,600,000 8,000,000 2007 4.450 to 4.850 10 7,000,000 - -- 45,307,000 44,269,000 The aggregate amount of principal payments required on the Utility's long -term debt in each of the next five years is as follows: $ 2008 5,803,000 2009 5,42.5,000 2010 4,822,000 2011 4,509,000 2012 4,08.5,000 Fixed assets include $4,820,340 (2006 - $8,030,796) for which financing has not been arranged at the year end. 3. OTHER PAYABLES 293 10 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2007 2007 2006 Vacation pay 275,371 249,720 Retirement allowance 457,674 44.5,899 733,045 69.5,619 The Utility has provided for vacations earned but not paid. All employees upon retirement from the City of Saint John (the "City ") are entitled to a retirement pay bonus equal to one month's pay, to a maximum of six months, for every five years of service. The program was amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. 4. OPERATING FUND SURPLUS 11 294 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2007 The surplus or deficit for each year is taken back into income over a four year period commencing with the second ensuing year. The balances remaining at the end of each year are as follows: 2007 2006 2003 - -- (84,996) 2004 98,628 147,942 2005 294,086 392,113 2006 (134,731) (134,731) 2007 (407,346) - -- (149,363) 320,328 5. TRANSACTIONS WITH THE CITY OF SAINT JOHN GENERAL FUND The Water and Sewerage Utility Operating Fund reimbursed the General Operating Fund $1,337,000 (2006 - $1,347,000) for its share of general government operating costs. In addition, the General Operating Fund is charged for storm sewerage costs $962,024 (2006 - $1,023,854) and water supply for fire protection $1,909,618 (2006 — $1,690,282). Interest is charged on the balances between the General Fund and the Water and Sewerage Utility on a monthly basis. The Utility's water cost transfer is within the maximum allowable by regulation based on the applicable percentage of water system expenditures for the population. 12 295 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2007 6. PENSION PLAN A. OVERVIEW The City provides pension benefits to employees in accordance with the provisions of the revised City of Saint John Pension Act as enacted on May 12, 1994 and last amended on April 28, 2001. The plan is administered by a Board of Trustees, representing Conuuon Council, management, unionized employees and retired employees. Prior to May, 1994, the plan was governed by The City of Saint John Pension Act, 1970. The plan is subject to the provisions of the New Brunswick Pension Benefits Act which became effective January 1, 1992. The plan is a defined benefit plan which provides for pensions based on length of service and rate of pay. Both the municipality and the employees make contributions to the plan. The City's contribution limits are fixed by legislation at a minimum amount of 71/c of employee earnings. The City is currently contributing at a rate of 8.1% of salary. Effective May 1, 2007 the employee contribution rate was changed from 8.51/c to 10.5°10 of pensionable earnings. The additional 20 /o employee contributions will be made until the sooner of May 1, 2010 or to the date when the going concern unfunded liability has been eliminated. The City charges all of its contributions to expense in the year the contribution is made. The amount contributed for employees funded by Water and Sewerage Utility for 2007 was $1,042,015 (2006 - $2,424,613). B. ACTUARIAL INFORMATION The 2006 actuarial valuation indicated the present value of accumulated plan benefits was $396,778,000 and the adjusted market value of net assets available to provide benefits was $365,763,100 with an estimated unfunded liability of $31,014,900 on a going concern basis. As of December 31, 2006, the liabilities on a solvency basis were greater than the solvency assets by $106,832,800. The 2006 valuation has been updated by extrapolation to December 31, 2007 and the results indicate that the accumulated plan benefits now exceed the adjusted market value of assets available to provide benefits resulting in a deficiency of $46,894,889 on a going concern basis. 13 296 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2007 6. PENSION PLAN B. ACTUARIAL INFORMATION (continued) This valuation relates to the entire plan which includes employees funded through both the General Fund and the Water and Sewerage Utility. Current costs and special funding payments are allocated to each fund on the basis of a percentage of payroll. C. DUE TO THE PENSION PLAN The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption is requested to fund over a period of no more than 15 years, or the period to December 31, 2018, whichever is shorter, or an exemption from making solvency payments is granted. In 2007 this exemption from making solvency special payments to the pension plan was sought and received. As a result of receiving this exemption there is no longer solvency funding due from the City of Saint John as at December 31, 2007. During 2007 the City of Saint John paid the plan $4,358,454, which represented required special funding and interest on a going concern basis (2006 - $12,553,100 covering years 2004 to 2006). The Utility Fund's share of this for 2007 is $518,662. The City of Saint John is required to make special going concern payments until 2018. 7. INTER -FUND ACCOUNTS All inter -fund accounts at December 31, 2007 represent current transactions and are in compliance with the policy established by the Department of Local Government. 14 297 Financial Statements The City of Saint John Reserve and Trust Funds December 31, 2007 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheet of the Reserve and Trust Funds of The City of Saint John as at December 31, 2007 and the statement of changes in equity for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Reserve and Trust Funds of The City of Saint John as at December 31, 2007 and the results of its change in equity for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Conuuon Council of The City of Saint John, and the Minister of Local Government, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of the Province of New Brunswick. Saint John, Canada, March 24, 2008. 299 Chartered Accountants W W U z w F w a� a� rr- c� FI M CU N �.a GU c� x a 00 00 00 00 � A • O r- r- iP- U a� U o oc oc� oc cr N Qr N w O O C � iP- r- oo v) � m m m m i 00 N N N F N N N N •� 00 00 00 00 0 00 00 00 ¢"o00 N n N m M M U U ct N O '"' N �Q ct 0 co � x tr) 00 � A 00 00 m iP- m U a� ff} m o0 cr �I a� N W N z 00 o 00 0 00 0 00 •� oc� •� oc o z Q w •O O � � N N N � � ,S.i" f!} U} a 00 00 o� iP- A a� �o i.. N m m � � >n 000 m M y au C O O 0 co The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2007 1. SIGNIFICANT ACCOUNTING POLICY These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Muuicipal Affairs and Environment. Accrual Accounting The City follows the accrual method of accounting for revenue and expenses. 2. RESERVE FUNDS Machinery and Equipment Depreciation Fund Under Section 90(4) of the Municipalities Act, Council by resolution can create an equipment replacement reserve. Contributions to this fund are made through the operating budget of the General Fund. Disbursements from this fund may only be made for the acquisition of equipment and require the approval of Conuuon Council. Airspace 2049 Fund This fund was established in 1985 with respect to the development of Market Square and in particular the condominium development. Upon the sale of airspace to allow for the construction of the project, the proceeds were invested to allow for the reacquisition by the City of this airspace in the year 2049 when the ownership of the complex reverts to the City of Saint John. 3 302 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. TRUST FUNDS Land Subdivision Fund Section 43 of the Conuuuuity Planning Act requires that monies received by Council in lieu of land for public purposes are paid into a special account. Council may expend these funds for acquiring or developing land for public purposes as defined by the Conununity Planning Act. Tucker Fund By an Act of the Legislature enacted April 20, 1927 securities with a par value of $10,000 were vested with the City of Saint John. This Act provided that the income and a portion of the principal from this Trust, with the approval of Conuuon Council, should be used for the maintenance and improvement of Tucker Park. Stockford Memorial Fund This fund was established on December 28, 1939 as a result of a bequest of $3,000 from Fannie M. Stockford of Boston, Massachusetts. This amount was to be invested and the annual income was to be used towards the upkeep and maintenance of King Square. O'Connell Fund This fund was established on March 22, 1939 with a contribution of $2,000 from J.D. O'Connell. The contribution was to be invested and the income distributed among the orphanages of the City on the pro -rata basis of the children cared for by each, to be given by way of a Christmas gift to each child. In October, 2004 this agreement was amended to allow the Trustees to disburse the income arising from the trust investments yearly to the Empty Stocking Fund. 4 303 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. TRUST FUNDS (continued) L.R. Ross Fund This fund was established in 1921 through the gift of $1,250 and the "Ross Memorial Cup ". The cup was to be competed for annually by amateur single scullers, twenty -one years or under who are residents of the Maritime Provinces. The income from this Trust is to be used to provide a duplicate cup for the winner of each race held. Changes to the Trust in 1986 now allow for the funds to be used to promote the sport of rowing within the City of Saint John and its suburban conuuuuities, provided that $4,000 remains in the fund to enable the "Ross Memorial Cup" to be duplicated when necessary. A. Carle Smith Fund Established in September 1976, funds were received from the estate of A. Carle Smith. These funds are to be used for the maintenance of a wildlife sanctuary in the South Bay area. Bi- Centennial Fund These funds are to be used for ceremonies marking the 200x" anniversary of Canada in the year 2067. Saint John Non -Profit Housing Future Development Fund This fund was established in 1987, on the sale by the City of the Rockwood Court Complex. By resolution of Conuuon Council, the proceeds in excess of the amount required to meet the outstanding obligations of the complex, amounting to $470,726, were to be set aside and admiuistered by Saint John Non - Profit Housing Incorporated. This fund was to be used for new housing initiatives subject to restrictions set out by the City of Saint John. 5 304 REPORT TO COMMON COUNCIL M &C 2008 - 217 July 17, 2008 Deputy Stephen Chase and Members of Common Council Deputy Mayor and Councillors: RE: 2007 Annual Report of the City of Saint John Pension Plan INTRODUCTION VIII? City of Saint john On behalf of the Board of Trustees of the City of Saint John Pension Plan I am pleased to provide the following report on the activities of the Board during the 2007 calendar year. The Board administers the City's Pension Plan in accordance with the provisions of the City of Saint John Pension Act, the Provincial Pension Benefits Act and the Federal Income Tax Act. The City's Pension Plan is a defined benefit program with employee contributions set at 8.5% of gross earnings. In an effort to assist in funding the Going Concern Unfunded Liability of the Plan the employees have agreed to increase their contribution by an additional 2% for three years or until such time as the Plan's going - concern funding shortfall is eliminated whichever is sooner. In addition at no time during the three year period shall employee contributions be greater than contributions from the Employer. The employer contributions to the pension fund are an amount equal to the excess of the total current service cost of the pension plan for the year over the aggregate contributions made by members for that year and such additional amounts as are required to amortize any unfunded liability in equal annual installments over a period of not more than fifteen years commencing on the later of January 1, 1992 and the date of the actuarial valuation which establishes the unfunded liability. Based on the 2006 Actuarial Valuation the total cost to fund the Pension Plan for 2007 is 26.52% of gross earnings (2006 — 25.2 %). This consists of a current service for 2007 of 20.32% (2006 — 16.6 %) and funding of the going concern unfunded liability for 2007 of 6.26% (2006 — 8.6 %). As of December 31, 2006 the Going Concern Unfunded Liability was $31,014,900 (2003 - $43,547,200). The Pension Benefits Act requires an evaluation 0i1'1 2007 Annual Report of the City Saint John Pension Plan Page 2 to be done on at least a triennial basis. The next formal valuation for the plan is required to be completed as at December 31, 2009. A copy of the 2007 Audited Financial Statements is attached with this report. The net assets of the Plan at December 31, 2007 were $367,307,511 (2006 - $375,504,636). These funds are invested by the Board in accordance with an established investment policy and in consultation with the Board's investment consultant API Asset Management Inc. Contributing to this lower value of net assets of the plan at December 31, 2007 compared to December 31, 2006 is the elimination of Funding Due from the City of Saint John in the amount of $9,741,500. The reason for the elimination of the $9,741,500 Funding Due from the City of Saint John is the exemption received by the Pension Plan for funding of the solvency deficiency. This issue is more completely disclosed in the Notes to the Financial Statements, Note 4, Page 8, in the attached audited financial statements. In terms of the 2007 audited financial statements an extrapolation of the 2006 actuarial valuation was completed by the actuary based on the assumptions in effect at the time the valuation was completed. The extrapolation was updated for changes in the plan in the current year related to increases in the liability based on additional service earned by the employees along with investment earnings and payments to pensioners. The result of the extrapolation is an estimated going- concern unfunded liability of as at December 31, 2007 of $46,894,889 (2006 - $31,014,900). This increase is primarily the result of actual plan earnings of 2.5% versus the actuarial rate of return of 6.75 %. INVESTMENT POLICY The Funds assets are managed by seven investment managers with an asset mix of 25% Canadian Fixed Income and cash, 35% Canadian Equities, 10% US Equities, 10% in Real Estate, 10% Foreign Equities, and 10% in Alternative Investments. The Board is in the process of updating its Investment Policy to ensure it will meet the funding needs of the plan. As indicated in the 2006 Annual Report one area of continued interest to the Board is the increasing popularity of alternate investments that offer an absolute return strategy. The desirability of these types of investments is that they have the potential to offer reasonable investment returns that are not in any way affected by the ups and downs in the stock market or other investment markets. This would greatly add to the diversity of the Fund's Investments and the Board has concluded that it would like to see up to 20% (2006 — 10 %) of its portfolio in this type of investments. In 2006 the Board added a real estate fund as part of the Investment portfolio with a commitment of up to 10% of the assets of the Plan could be invested in this Real Estate Fund. In 2007 another alternative investment a Fund of Hedge Funds was added to the portfolio with a commitment of up to 10% of the assets of the Plan. 08Z1 2007 Annual Report of the City Saint John Pension Plan Page 3 INVESTMENT MANAGER PERFORMANCE In 2007 the investment earnings on the Pension Fund's assets were 2.5 %. The returns for the year were below our long -term targeted return of CPI plus 3.85% which for 2007 equated to a 6.2% return and lower than our actuarial funding assumption of 6.75 %. The Pension Plan's assets are managed by six professional investment firms as follows: - Fixed Income - Real Estate - Canadian Equity - US Equity - EAFE Equity - Hedge Funds — Addenda Capital - Standard Life — Kingwest - Letko Brosseau — Burgundy Asset Management — Philadelphia Investments - Performance Market Hedge Fund The Board of Trustees meets with each of the Investment Managers twice a year to review their performance and discuss emerging trends in the investment markets. The Board also retains API Asset Performance Inc. to provide an analysis of our manager's performance in comparison with other managers with similar holdings. While the investment returns for 2007 were below desired levels it is important to remember that a more appropriate measure of the Plan's performance is the 4 Year Rolling returns. The rate of return for each of the last five years is as follows: 2007 — 2.5 %, 2006 — 16.4 %, 2005 — 17.4 %, 2004 — 11.6 %, and 2003 — 12.8 %. The 4 year rolling returns are 2007 — 11.8 %, 2006 — 14.5 %, 2005 — 9.3 %, and 2004 - 3.8% which except for 2004 exceed the CPI + 3.85% and our required actuarial rate of return. BOARD GOVERNANCE As highlighted in the 2006 report a governance review was completed in November 2006. The purpose of the review was to highlight best practices with respect to pension governance and then compare and modify current practices, where necessary, to move towards these best practices. This is a work in progress. A work plan has been prepared and changes are being implemented. One of the key aspects of the governance review is a regular review of the legal, audit, and actuarial firms that provide professional services to the Board. In 2007 the audit and legal services were put out for proposal calls and the process has been completed by the Board. In 2008 this process will continue. ON 2007 Annual Report of the City Saint John Pension Plan Page 4 ACTIVE AND RETIRED PARTICIPANTS The number of active participants in the Plan was 877 (2006 — 872) while the number of retired participants stands at 742 (2006 — 734). The impact of the high percentage of pensioners in relation to active members is reflected in the current fund balances as detailed in the Pension Fund's Annual Financial Statements. In 2007 the total contributions into the Plan from employees were from the employer $8,756,425 (2006 - $16,819,518). $17,845,216 (2006 - $17,060,579). BOARD OF TRUSTEES $5,185,327 (2006 - $4,429,156) and Total pensions paid in the year were The members of the Board of Trustees as at December 31, 2007 were as follows: Trustee Councillor Chris Titus Councillor Glen Tait David Gould John Nugent Bill Buckley Frederick Slipp Andrew Beyea J. Claude MacKinnon Mayor Norman McFarlane (Chair) J. Patrick Woods (Secretary) Gregory J. Yeomans (Treasurer) Terrence Totten Respectfully submitted, L� Mayor Ivan Court Chair Board of Trustees City of Saint John Pension Plan Appointing Body Common Council Common Council Outside Workers — CUPE Local 18 Management/non -union staff Inside Workers — CUPE Local 486 Firefighters — IAFF Local 771 Police — CUPE Local 61 Saint John Retired Members Association Ex- officio, Mayor Ex- officio, Common Clerk Ex- officio, Commissioner of Finance Ex- officio, City Manager 0861 ASSURANCE SERVICES Financial Statements The City of Saint John — Pension Plan December 31, 2007 ERNST & YOUNG LLP K7iT] CONTENTS Auditors' Report Statement of Net Assets Available for Benefits Statement of Changes in Net Assets Available for Benefits Notes to Financial Statements Schedule of Administrative Expenses Eli 0181 Page 2 MI.] 0 AUDITORS' REPORT To the Board of Trustees: We have audited the statement of net assets available for benefits of The City of Saint John — Pension Plan ( "the Plan ") as at December 31, 2007 and the statement of changes in net assets available for benefits for the year then ended. These financial statements are the responsibility of the Plan's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Plan as at December 31, 2007 and the changes in its financial position for the year then ended in accordance with Canadian generally accepted accounting principles. Saint John Canada, Q February 27, 2008. Chartered Accountants J ERNST & YOUNG 311 The City of Saint John — Pension Plan STATEMENT OF NET ASSETS AVAILABLE FOR BENEFITS As at December 31 2007 2006 13,475,977 7,338,285 Cash and short-term notes Due from The City of Saint John 1,206,217 74,624 Accrued interest and dividends 912,467 928,135 Investments, at market Bonds and fixed income pooled funds; 108,965,216 107,495,759 (cost 2007 - $106,387,414; 2006 - $105,740,847) 221,374,685 236,423,234 Sto_:ks and equity pooled funds; (cost 2007 - $172,920,746; 2006 - $160,748,290) 21,372,949 13,503,099 Real estate funds Net assets available for benefits before the following: 367,307,511 365,763,136 Funding due from The City of Saint John [note 41 — 9 ,741,500 Net assets available for benefits [note 61 367,307,511 375,504,636 See accompanying notes On behalf of the Trustees: Trustee Trustee Eli WIIfA 2 The City of Saint John — Pension Plan STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS Year ended December 31 2007 2006 Increase in assets Contributions The City of Saint John (note 31 8,756,425 16,819,518 Employees 5,185,327 4,429,156 13,941,752 21,248,674 Investment income 4,557,720 4,616,940 Interest Dividends 5,509,870 5,023,616 10,067,590 9,640,556 Current period change in market values of investments (895,643) 41,635,463 23,113,699 72,524,693 Decrease in assets Pensions paid 17,845,216 17,060,579 Funding due from The City of Saint John [note 4] 9,741,500 4,519,500 Contributions and interest refunded to participants 1,455,457 484,910 Administrative expenses (schedule) 2,268,651 2,116,408 31,310,824 24,181,397 Net increase (decrease) in net assets available for benefits (8,197,125) 48,343,296 Net assets available for benefits beginning of year 375,504,636 327,161,340 Net assets available for benefits, end of year 367,307,511 375,504,636 See accompanying notes J Q110 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 1. PLAN SUN Y ARY The Pension Plan is the accumulation of Plan assets used to fund pensions under the revised City of Saint John Pension Act as enacted on May 12, 1994, as amended to April 28, 2001. The Act is administered by a Board of Trustees representing Common Council of the City of Saint John ( "the City "), management, unionized employees, non - unionized employees and retired employees. The Plan is also subject to the provisions of the New Brunswick Pension Benefits Act which became effective January 1, 1992. The assets of the Plan are held by the RBC Dexia Investor Services, which acts as custodian of the Plan. The assets of the Plan are managed by six different investment managers who have discretionary investment authority within the investment mandates given to them by the Board of Trustees. The performance of the Plan relative to others is measured on a regular basis by API Asset Performance Inc. Significant features of the Plan are as follows: • The Plan provides for pensions on the defined benefit basis at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary. The Plan also provides for disability allowances and survivor benefits. • The Plan provides indexing at the rate of 1% per year on the basis of service between January 1, 1975 and December 31, 1992 and at the rate of 2% after January 1, 1993. • The Plan is funded by employees contributing 8.5% of salary and the employer contributing at least 7% of salary. The employer is obligated to make additional contributions, if necessary, to adequately amortize any unfunded liability or solvency deficiency. The employer is currently contributing at a rate of 8.1% of salary. Effective May 1, 2007, the employee contribution rate was changed from 8.5% of pensionable earnings to 10.5% of pensionable earnings. The additional 2.0% employee contributions will be made until May 1, 2010, or to the date when the going-concern unfunded liability in the Plan has been eliminated, if that happens before May 1, 2010. • Contributions become vested after two years. J RE1 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 2, SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation These financial statements are prepared on the going concern basis and present the aggregate financial position of the Plan as a separate financial reporting entity independent of the sponsor and plan members. They are prepared to assist in reviewing the activities of the Plan for the fiscal period but they do not portray the funding requirements of the Plan or the benefit security of individual plan members. Basis of accounting The accounts of the Plan are maintained on the accrual basis of accounting. Accordingly, dividend and interest income is accounted for as earned rather than when received. Basis of valuation of investment assets Investments are stated at published market valuations. Pooled fund investments and earnings Certain of the Plan's equity investments are held via units of pooled equity funds. Income earned on these funds is retained within the fund and reflected as part of the current period change in market values of investments. Foreign currency translation Investments denominated in United States dollars are translated at the year -end rate of exchange. Foreign exchange gains and losses are included as a component of the current period change in market values of investments. J 315 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. ACTUARIAL VALUATION (a) The 2006 actuarial valuation indicated the present value of accumulated plan benefits was $396,778,000 and the market value of net assets available to provide benefits was $365,763,100 with an estimated unfunded liability of $31,014,900 on a going concern basis. As of December 31, 2006, the liabilities on a solvency basis were $106,832,800 greater than the solvency assets. The significant actuarial assumptions adopted for purposes of the going - concern funding valuation in the 2006 actuarial report were as follows: Retirement will occur at the earlier of age 65 or attainment of combined age and service of 88 years. This produces an average assumed retirement age of 58.6 years. Valuation assets were taken as the market value of assets. The following are the assumed rates used in the valuation: Investment earnings rate 6.75% per annum after investment fees Inflation rate 2.50% per annum Real rate of return 4.15% per annum Salary increases 3.00% per annum The projected unit credit actuarial cost method was used for purposes of the going- concern funding valuation. The benefit at retirement is projected for each member based on the assumed increases in earnings. Equal units of this projected benefit are assumed to accrue in each year of service. The present value of the portion of the projected benefit deemed to be accrued for service to the valuation date is calculated for each member based on the assumptions outlined above. The total accrued liability is the aggregate of the accrued liabilities determined for each individual member. The total accrued liability is then compared with the assets as at the valuation date to determine the surplus or unfunded liability at that date. 6 51 6 The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 3. ACTUARIAL VALUATION (continued) Similarly, the present value of the portion of the projected benefit deemed to accrue in respect of the years of service following the valuation date is determined for each individual member. The total normal actuarial cost is equal to the sum of the individual normal actuarial costs so calculated for each member. The residual normal actuarial cost is the excess of the total normal actuarial cost over the member's required contributions. (b) Morneau Sobeco conducted an actuarial valuation of the Plan as of December 31, 2006 and has extrapolated these results to December 31, 2007. The extrapolation indicated an estimated present value of accumulated plan benefits of $414,202,400 compared to market value of net assets of $367,307,511 available to provide benefits, creating an estimated unfunded actuarial liability of $46,894,889. The cumulative changes in the present value of benefits, on a going concern basis during 2007 were as follows: Estimated actuarial present value of benefits at December 31, 2006 projected from December 31, 2003 valuation results Net experience gains and losses at December 31, 2006 Effect of change in actuarial assumptions at December 31, 2006 348,560,500 (937,700) 49,155,200 Actuarial present value of benefits at December 31, 2006 based on valuation results as at that date 396,778,000 Value of benefits accrued in 2007 10,244,000 Pensions paid and lump -sum refunds and transfers in 2007 (19,296,600) Net interest accrual 26,477,000 Estimated actuarial present value of benefits at December 31, 2007 414,202,400 (c) During 2007, the City of Saint John paid the Plan $4,358,454, which represented special funding and interest on a going concern basis (2006 - $12,553,100 covering years 2004 to 2006). The City of Saint John is required to make special going concern payments until 2018. J 317 The City of Saint John — Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2007 4. FUNDING DUE FROM THE CITY OF SAINT JOHN The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption from making solvency special payments is granted by the Superintendent of Pensions. In 2007, this exemption from making solvency special payments to the Plan was sought and received. As a result of receiving this exemption, there is no longer solvency funding due from the City of Saint John as at December 31, 2007. 5. FINANCIAL INSTRUMENTS The Plan's financial instruments consist of cash and short -term notes, accounts receivable, temporary and long -term investments, accounts payable and amounts due from related parties. It is management's opinion that as a result of adequate investment diversification the Plan is not exposed to significant interest, currency or credit risks arising from these financial instruments. 6. CONTINGENT LIABILITY A unionized group of employees of a commission have applied to become members of the Plan. The Plan does not consider these employees to be employees of the City for pension purposes. The outcome of this matter is not determinable at this time. —,, 8 VT 8 The City of Saint John — Pension Plan SCHEDULE OF ADMINISTRATIVE EXPENSES Year ended December 31 2007 2006 Investment management fees 1,508,468 1,472,393 Administration fees paid to the City of Saint John 100,000 100,000 Performance measurement services 105,611 101,608 Custodian fees 106,307 87,014 Conference and seminar expenses 43,292 54,363 Actuarial and consulting services 123,932 125,282 Legal fees 200,411 30,645 Audit fees 18,720 16,686 Consultants fees 44,632 107,065 Miscellaneous 7,728 11,802 Insurance 9,550 9,550 2,268,651 2,116,408 9 99 t O N CL c .C: O -4--j m re 4-j c O i n U � L W E U E E 0 E O (n Q) L a. -J-j Co ti N O O ti U L CCi ON nL U E O cu c U 06 cc �U �^L A O U) co CL ca V C to N N N N i Tl- ■ C6 N 4-- 0 (n U O U) 0 c� C) mmmm� KII L J "I IO •■ Im E � N a ° CL C as N _ E L E � ^1 `v �l T W t n� c / }, E O (n �L Jo* U .c O V IO •■ Im E � N a ° CL 321 C C E ^1 `v �l T W t n� c / }, E O (n Jo* U .c � Al � rW �V V! VJ � M0 � o�CY) U V U i 0 >1 N Ui ) W Q� C • • (d � la 321 CCi C6 Ri U L L.L L.J. cz 0 N co o ' M W m O F- r M ems-• 1 N N O O m 1 I M 1 � rn rn I r� 1'� 1 �r r 00 r I� 00 r 00 CD O N O O 64 00 Co ";r C14 00 T- N OT- vl? b9 M01A P') rall O W a c 0 c U) 4- 0 .� U C U C E N a N N Q 00 a O T N � r � L � N L N CL ,i � 4-a U re 01 U C O C W O (v 0 In 00 M %«- O C L W C C c� c ca U (13 O N 0 U a) U a) (0 � E U L a) a' NC C 7 U. N C 'a O aU U C a) (� L m ALT a a) d-+ cu O U c 0 F- 0 4) r V d O O a) V C VC 0 CL O O O O p O O N O 06 (O 4 N O MAI rn C r = O w p N O N % N N M d Ul 0 V- tri>- rn C O w p N } N M N d O C C � w p O L N ° ciao w >- .a � �• oR LL M > a _ O O W • � U U E O U) CL H V C) 44 i 0 a N _ 0 N 4C C - � a C N C aQ (N d N N > � c N L m a� a i w p p N } N O y to >- O C w p p N CO �- O c � w O p N } N N d Q� co w >- O C C � w p O L N ° ciao w >- .a � �• oR LL M > a _ O O W • � U U E O U) CL H V C) 44 i 0 a N _ 0 N 4C C - � a C N C aQ (N d N N > � c N L m a� a J U . _... 60 LOW N U C: (6 O 'Itz a) D.. L^' W cn 0 Q O C 0 AL` W O Acn W N U a� tn a� L L t� O yW L c� C 0 U a� in N L C Y C O N U O O N O) C f6 L 4) cis 1 C a C 0 .y C d CL C s O C ,m^ M 4� a a U C a� U C (6 O N d N cn N Q 0 O Q N � � a r � � C N � Q O � C a) W 00 .0 Q = Lo N a L N G} w } C: a- cn W V/ w =o .- C ui O (n CU i N N M 3 6 rn C Y U a rn C 'v cn o w W O C CO N G o m s' � M U 0 N d ' d CD 4) � v o =a d � � L ai O O O O r N M O O O O O O O "' t!) CO I-- co O O 0. L O a 4) cis 1 C a C 0 .y C d CL C s O C ,m^ M 4� a a U C a� U C (6 O N d N cn N Q 0 O Q N � � a r � � C N � Q L :3 cn U N X W c cv d E m 0 `r N o y I- O _ O m E U � 0 Q 0) � � o L d r N U L � o O I- CY L L M } 0i 0 d J..� � _ LO () L 3 O Lo N tl- N Ifl 0 Cl N u") (D C0 N I *r 1E O W " L r j L CO d LO d M } LorN 1�N CL i' 1 EA N Lo t0 0 N V ale., C CY ca G. =IE (00 In �.+ L M a 6- 7 O O) In Lo p Np r i z N N LO 00 M CL O N n 3 �w � 0 L O O A0, W -L3 r Z C W (n .0 o 0 L U) C 00 Q m UL 0 ce) N 0 O +'7� U d U Q Q co a� c� CV) 00 U.)0-) O Ln N N LO 00 M N n 3 0 L f6 U 0 N z aD O) O O I� O co 00 O O O 6 00 N M CV C0 00 � N c6 C m a c Ln M CM tt O I� O d� 0 0 O� t0 a0 0 Cl) N O C0 co 00 I- � N L. d O t0 U') N 00 O w d 0 LO O (0 O ++ o Lo 00 N to oo C N N O D 00 M O) 0.) �- O Lo r N LO N A O� O) o O V.. ti O N C,4 u N c i 04 z z Q nJ CL z C O z @ 0 m U) a w w o_ o CL z 0 = m a� a (n 0 Q LL L z 0 7 (� Z O o N lE CD z •O 7 Q O Lo (n � l�� LL Q in ao Q m L 4) 00 Q m O 00 o < = LL 0 O� LL" d M O O> N Q _ + �� FL U Q U Q Q La U d~ Q O a U d U d U Q Q � U O u0i � fl_ 325 i U cn N X ui C: N c6 C6 2t � L C� M o N ti �� M ° O Ln 00 M O M 4 N O 0 r 0)_ c7 O N ti O M cq U') 00 }, Ln 00 M M M 4 C-4 O L A O N l� (] O V- CO d is� b CV) �- 0: i I i r M Ln Q V w aa) a ca o � a ,?' o a g o L Q A aim E �m W� £ u W �CL d �� � 0 p D Y �c a� Y _� o � �� LOCO O M 4 N O O (D O ti O cq U') 00 }, r �i M M 4 C-4 O L d A O N O Ln I� N d c0 0: N �- r M Ln V w a W� £ W ( U 0 �c ~ rn �v co E u j ca 0 v I c a =� X o c x c_2 c' CL ca W Q Q N 4 U C/) p CA co ti � ax' f �N i N:�: 2" 326 0 m Q. c a c 0 c m a� c 0 c cn 0 U C N U C (0 E PC N a (n a co n. oa C) r � m a� 2 Q i 0 W x cn F- Vt L.. W! 0 2 FD m 7 z J Q Z O F=- O Z_ U Q w w w 000 c0 0 N O o0 0 0 ON o (q,) uan;aa MAN L.L Z OQ w C QU) C, Q ILU) CO ca c d.. .N c. Q� d c s O M 4- O r U U C a) U C (d a� a a> Q OD oQ N � r -� Im L V% (0 � Q ti 0 L Ui E N M M M N = (D U3 C � A+ s to o + ' •� L U E M ti - a � m � 0 `o o Z a� a e= Q c") CD Q1 W o 0 () F- U U L O N 0 W -0 LL 0 Q G CL 0 Z 0 = V o V V Z � o c=naz h -- FN U L m 0Lu-j< CL CO ca c d.. .N c. Q� d c s O M 4- O r U U C a) U C (d a� a a> Q OD oQ N � r -� Im L V% (0 � Q V♦ W L E E cn W W �J 0 .c u x w o CO .� GO Cd M C3 Lq ti O M N 00 �- O C O N Cfl O (6 C" � � r r CD m co co Ln 0 M M co ti N O 00 O 00 O CD 00 d 'It co r _ 0 U) M d d CO r' ~ r O O N N 0 O Cfl 00 O aD CV 0 M r co r r CA CO r 0, � CO w CO � Lq O N ti C) O h- 111 M r N O N r. C i U? O O O O o co CA N 07 M N CO O CO M CA LO Lo d M 0 LO N CO r N O CO CA N M CO � O O O O CD f` O O 00 O co M O O) O I` ct N r LO U.) ti C:) . a) r 0 0 Ln r CO r ti r M r r r CO r r O) oo q, Op r N O 00 O 00 M O O CO t l) ti N Ln M, LO d' p O r CO 1' M O M S r co 0 It O CD LO r r LO co 00 Nr r r 0 0 LO r co r f� r 0 r r r CD r 0181 AL o_ C cv CL C _O N c O d. C L O C O W` U C U C N E a� a m Q 0� oQ o-0 T c a� L D. C C C C O O O � O ^ C O C C O C O O C O -O C L C (6 U 'a C .� U C O c N 0 0 0 f4 0 .O C N O C O 0 m Y a� c m a ca o c Q_ `1 L U- � t 0 a� 0 Y 0- Q. co N c Q 0 _ U L W m 0 cn 0� 2 Lo F- Q Z�� C c� C cv C ca C c� C ca C cv C c6 C ca c ca c c� c ca c ca c to c c6 c� c� ca c� ca ca cry ca ca c^c cra ca c� ca 0 0 0 U U U U U U U U U U U 0181 AL o_ C cv CL C _O N c O d. C L O C O W` U C U C N E a� a m Q 0� oQ o-0 T c a� L D. O O O IC N O 00 i+ Un a Q^ O CL O M `d N y� N A L o Lq r L o m o r o @ O L 0 0 c O \ Q N r e �I II Q Q O N O O (� N Q, 0 N N N o - o � O OR G H N O o. �y ti o O o 7 N m ti a O r � N U G ti M U r M N M r (D Nr O co 00 (D c r r to 6c)- to _ •� It r N E O '-T I'- N O 0 M q 6 C 0 V fi} 0 c C 69 U n. W 0) o V co a � � U O M `d N y� N A L o Lq r L o m o r o @ O L 0 0 c O \ Q N r e �I II Q Q O N O O (� N Q, 0 N N N o - o � O i G H N O o. �y ti o O o d N a O OM O L U G ti M U r M N M r Cl) M t` 4 O co 00 (D r r h I� 00 M to _ •� It r N E O '-T I'- N 0 M q C 0 V M M 0 c C se U n. W 0) o � � U = > Q LL `7 / CC L J O M `d N y� N A L o Lq r L o m o r o @ O L 0 0 c O \ Q N r e �I II Q Q O N O O (� N Q, 0 N N N o - o � N i G H N o. Q o o � G N R a O U G ti L 0 r M N M r Cl) M t` 4 O co 00 (D r r h I� 00 M to _ •� It r N O O '-T I'- N M q C V M M •- r- n. W 0) o = > Q a w ? -C O M O 00 (O N o) uj M r M� O r O) U r ( O d O r r O OA (D W +r 'IT 00 eh O O V' It 00 M N M�� o o si � d (h M a �F- � � O > � 9 U r to O 00 M U7 N O 00 pp O N O) M N a N? O 00 M m •v C7 t 00 V- CO O O N 00 Cl) r N �,rj o = q It 00 Z � •- c � u y o O x G U I� 00 00 C O 00 � O N N nj 00 O C; "T N M W o• o O 000 0 r @ p P c 4U ) N O O N N N 3 @ Cl) th r �- E @ b E w N V U 0 � =° U O a W R ~O U o @ N 0) r+ = m C N Q d o �p �O �' �0 �� Q W �2 ;° is 0. 00 a Q O N V �„� n V 7 W N uDi 0) O C 0) > a v j a O 0 a a «' U a U C * Q V a o C V 0 (A t6 .- L) O N R o) f0 r CL Q Q 7 Q> Q> m> Q> �+ > C (0 N 0 O m a U Mall �0 X U) V) Nigro 0 X d O OR co ui N M M N w J Q X w N N Q z W- D F- w w w H D J O cn co Q tD O M p O '� O C Q J J Xc X r w U) w r ' Q N Q LJ O z Q Cl) `° crf w 0 X d O OR co ui N M M N w J Q X w N N Q z W- D F- w w w H D J O cn co Q tD O M p O '� O C Q 2 a V r o O O Cl 0) C Lr) w cOp O CIO '� ;6 w O C— L 0 R O 0 0 O O p 0 C0 O p N O O Z .a M C � � o > x LL d 2 d .0 i O p 0 0 0 0 0 0 O E N cM toO O LOM 0 Q X_ C O 0 cn CD N N Z a� U a W d E r W N cC �_ L r C O N O C _ t-+ '� w p s m w i E to co w U D will O O • O O T- C 7 r d d O N 2 N d N N O 0 N V O vi C i r 7 O N N i d C d tm O d V O O E .L a C� V� m fle c a C O N G a c s O C N Q U C U c ca E N a� Q co Q o Q - c U � ca � Q �J w 331 r Q1 �7 Q_ _M Q C .N C d i 0 7 C U) L`- 0 AE U C N U C E N d a� Q CC) a Q O T N r-: -0 T a� L c Q T CO 00 O O N 1� N Iti I� CO N N LO OR 00 to M O1 N T U') N 00 M Ni— tF O ' OLAM M �-f-N M M M N �00to r M N N LnNO V d T� 00 CD m cfl LO l h N N 00 O1 O T 00 N CO U) M O h B CO LO CD LO N 06 4 ire G I. LA M M 0 M 0. H M M N Lo T r T T r r a N 00 1- r 00 T O M P O !� N 1- O N r Cn CO M DD O O CO N M ■ �� O r- M M CD W OOw t 00- W d M O tr r r `- ' M M N M M N •- �' T C 3 E OD LO � T co T 00 O �. co N O Cn M w T M N O m 0 M T OM O LA 00 T OR In O LnNO M O Od N O OCCT O �O"T r T T r r I- C'9 co N co M N r' 0 cc x O N CO r T m LO Cp 00 V T O Cfl Lq O LA O M U7 ct d 00 't CO Lq Ill- C> O ' Lo el N N O LA O O1 Mm N C*. O U) LD MMN ei (O M O TrT W o O O N TrT r V d O 'Q O a C C Y C O = C a' O N (� m O O O O O O � fl O ' _ W 'O (0 C d co C m = / (6 C @ 3 l6 N 3 3 C ?+. j= 7 3 LL m C LL 7 '7 3= "a r ` + o i OW 0 p d L U O C !E FaO - OLL2 U-2 ld lQ '3 R La w L Z W p t C m = o ? r C U F CL C 0 0 331 r Q1 �7 Q_ _M Q C .N C d i 0 7 C U) L`- 0 AE U C N U C E N d a� Q CC) a Q O T N r-: -0 T a� L c Q c a c� V 0 lri9.oq-q n-6—d V / 23 Nq O C6 m Oo 04 ° = M 00 r m O N 6C} 00 � N O �+ o O lfi '5 M C a d' W 00 'IT w Ci Lo OVA c oc 5 M d? OT c"? W � V- U r; a� Qs CL G ni a c �N G d a c t O C 4- O 4" � J U C O U C E O N 0. N U N Q co Q_ Q O T N .fl � O N L C� G Q f N EICT Mme/ N N N 0 W TT U F- Co � 0UMc VJ � Q N r co LO co .. c C °? 00 CD C W ti CO C' L6 Oo 04 ° = M 00 r m O N 6C} 00 � N O �+ o O lfi '5 M C a d' W 00 'IT w Ci Lo OVA c oc 5 M d? OT c"? W � V- U r; a� Qs CL G ni a c �N G d a c t O C 4- O 4" � J U C O U C E O N 0. N U N Q co Q_ Q O T N .fl � O N L C� G Q c 0 -i-J rW V, 101,095 O c� ML W W F L L , M C F QO M ,"Y 0 C M = O O N c -� O N 00 C C U N N c .E Q U) Q 64 M � o L N o 9 /— Q I..L �cn ��a a) cn O)oo Cm� t09, ►-1 N 00 J C m V 00 p7 0 -0 C 00 c 00 CO N "O Q O7 N fa N Q (� (n Efl N m f° O E � c U a� c E 3 C mX- 3 aEi °c L a E �W/ y LL. N ON rl- M o a J o N N m° +' M p cn a LO E O7 O N c U rn Y M Q) Cl- c� C a 0 .N _ a� CL O 4+ _ O U U C O U G m E 0 a� a a� Q ca o Q o r (n U cm G Q \� 3 1 1 I I I I I 1 v 1 1 I 1 I I I I v 1 1 I I 1 1 V n � ��i 1 W 1 1 1 v I J I I Q E-: 7 z v , Z , I Q I • N I I ui Z 1 I v w 1 I • Go 1 1 1 1 I I 1 1 • I I 1 1 I I I 1 1 1 •I I I QO O O W 0 QI O N N r' l %) ujnlaU 10 sa;eltl p8446iaM awil 011 p O c0 N V7 r? T N O (O CM N O Ln W N C co w v NIO to N O In M 17 1(1 m ! W Q O r N G O— O M C, 100 O O � ai r 00 to N o- tq It �Qm O °r 4 M! rn C� 0 N N N O N O N N OIL r M N r M O M "l In CD O -- r r N N (O T 00 M N tD fD f,) N O 10 N t V T a� a� c c m U U U U d 0_ IL d a .� N rn E m E o o � N � t+1 U + v> a U U v U) d' Lq u7 N Iv �3> �S 0.. N a t0 T co T N r N M C a 0 .N C N a c s 0 i� O LO U s t- 00 Ill U 1_ T co E L Qi O N M (Z O T N (n Q o d 0 Q O QtG K T L = a cv 5D � � C 7 LL m r O L U C6 m n. Q v 1 1 I 1 I I I I 1 1 � I 1 I I I I V 1 1 I I 1 I 1 I V 1 1 • I 1 I I 1 I V 1 1 I 1 W � 1 N I 1 J D 1 1 Z I i Z �1 Q N 1 1 Q w I 1 � 1 1 W 1 1 1 1 I I 1 I I 1 1 1 I 1 I 1 1 ' j I T 1 I I O O O O O O (p N N T T (%) uinlaa ;o sa;elt{ pa;y610M aluil 0161 O (O N (O ("? T N (O (7 N O (o Cf' Lq N Ib } (O N M r (o O O T N m co n (D M LO N �. 01 O Of (D M I(n O M;: aD n (fl m (ti T r U � N 06 U = 04 o o) w n 0) (n co aN T o a O Q a O T r 4A -C (D cn L (n Q rn ao T Q. p 0 0i I� T T 0) l!7 p O .N C T ^d W. Y N n co cD n } N N (`1 w r (O Lo co n (0 M of C. ,� O � o ` T o n o 0 n o W (G (D V Lo (o N (n r P4 w O 1 L co N co T n T w Cc I U) o w to 0) I V N co (D LO (o IM co (O m OIO O T T V U U U a a a a a L t a r r N n 0) E m E o Q N N � 7 M U + (n a U U V N C'1 U � N 06 U = (0 E N Q aN Q o a O Q a O T r 4A -C (D cn L (n Q C 7 LL e6 V 0 • 1 n� W z z D a Q ff�� w V1 z z w Q LLJ mmm� I 1 L 1 I T' 1 11 �I 1 r'11 1 1 . I I 1 1 1 1 1 1 I I 1 I I 1 1 1 1 T 1 I I 1 1 I 1 1 I I I I 1 I 1 I 1 I I 1 1 I I I I 1 1 ED I 1 I I I 1 1 1 �— Hl O h O N O uan�ab b o sa;eb pa;y6iaM awil ( %) 0 :1•] O r w Orn r N N O C 7 M N— M O O 6^._ N � Z7) rn m G O sl N O N T T M 't DD O N � � pr o a o r� IC1 N 0 of r w co v co N O 7 p- M O N 171 T N M N r GM co m -n I r N T 00 W r co O O O �j O N T O i ao co Ip M °o (O I N T � 0 U U U U a d a a� a t�aW)LO m° y D X w 0 T O a 0) a O M N N m N M N T M O T ai $ I O/ m o ° O LL 10 4 w O H T r� u C 2 n. C �N C a� a C s 0 C 4- 0 Ll U S_ U t= (6 E L O a a� cn Z OD a o Q 0> r � T W a i L I V M N— M r I � 1 1 1 1 1 % cn ao v 10 0 M N co I 1 1 1 • M 'o a V' -,t M .t I 1 I I M eh � r Lo ui vi v ui 1 1 I rn (t I i �oou) LiLO vu ■ �� N 1 1 7 1 1 Lq LQ rn r Z 1 1 �rm N (ouiui(s Z I 1 a I I r r Lo M o Z •1 1 � r (D (O (D (D I 1 � 1 I O 1 1 } v ce) O OR u7 � 1 1 �orl`mm� 1 1 11 } a M O W O �s I 1 � r ui ro ui ui - •1 1 I I Q ` } O (D Cl N O 1 I o co m (o m m • 1 1 � I I — �, O v; 9 O N 111 r 42) U d U U O r N d �_ d N r a a (L n. L L V t t ( %) ujn4aa 10 seleb P614610M awil " N r- rn WIN N N M (O co cn Q) co Q- M M a � L a M (O co cn C L a ti c 0 .N C CD L _ r 0 r N M r U C (0 E L m � � � N D o a n a� Q N 0 LL O Q O O� NN �o 4f* cn r Z7 0 co r N N L. m CL 3 � w LL v O 10 Q O � H � 1 I I I Ir 11 1 1 11 e s 1 11 111 J Q Z Z 1 a 1 1 � 11 w r Z I I 1— III II II 1 1 I 1 1 I o 1 �I 1 1�I O O O O N ap N ( %) u.mlaa ;o salea pelU6tom awil 08*1 O M N N M M N N M N N C14 C-4 N c0 M M V Lq r co co N N N O N N V V R m V 01 IP N CO N Q) ° cD O LO M M LO 0 o cd vi vi ui v Lri N N co (fl �- LD O {D N aD LO p r ti N 0� Lo Q1 m N N N N O to N M N M N N 7 M " V M In O O [M (V fV N O (Ni 1 L°1 M N N N M N N M M N N M N N C14 C-4 N c0 M M V Lq m r co N N N O N co N N N w ° cD O LO M M LO 0 o cd vi vi ui v Lri N OI ,n Lri ui v v v' r r N N R N N C •C � Z; 'C U U U U N N N N aaaao. trQ.cr 15 LO U) LO N r rn e e e ri ri r LO U( Era en m o a D O X LL w O ui O t4 a O ,y C N a O t+ C v- O U C U C E L lV d N Q CC) it o Q O > a� L C� G Q (1) U) L i J L L s cr., a a 1 1 1 I T 1 1 I 1 II 1 1 1 I 1 1 1 LU II N Q D I 1 z I 2 a 1 N I I a w } 1 1 Z I ul I 1 1 I I I I I 1 A 1 1 1 I 1 I 1 1 I 1 I I I I 1 1 . 1 1 t0 �T N O t ( %) uwnla] ;o sale] paILAOM awil m7l O ,fV } 00 M 01 n n r U') N (r0 �7 V th V M V c7 M M N O m N w N>1 M M Q) ` O M N O O O m M M M N M M N in rco Q o ao N n co r M M M V M � c0 V N r in } N OD ID lf1 N n N (r0 M V c7 M M N co w M M ` O M N O O O m M M M N M M N M M � c0 V N r in N N Ifj ai Nc i co M m C) N d M .N L V N IT LO N � (M M M N M r Li M = } () U7 M n M M M M ''- M (O •� M '^ Lf- O m r 10 V co CO co mMen Cl) Cl) U ��rnn�rlor M C* M N M C) U S= (0 } N O T rLq 40 L O M M N M C C C G .p U m ^ m N Q U7 N N N ]]anal r to L Ni6 a L L L L a ffl EA Q O to Lf) N r 01 m � � N o� c X fd LL. Y Q O A Q J 0 O F- r N �� I OW +J J Q Z Z a CT w Q ui W Z W ■ s v CL <1 1 1 N Lo tp O M 00 O CO O O O) N I 1 r 1 1 1 I o °oo�v°oM h — h - O r NI I N N 1 1 � M N M ch N r •Ily I M N NN ^ N N I I 1 1 1 O M u'i tH O (O Ln O M O t0 V 1 � N N T 1 1 1 C c0 °G e4 c•) Qi (O N I N M N N N � N 1 4 1 1 I o 'O'er r N N� i I I 1 N I 1 1 N M N N �2 r r I 1 I 1 1 I m M N °O M I I I I I 1 1 00 N M t0 co 0) r r .- .1 1 I 1 N C4 tV t0 U U U U a a a a ( %) ujnjaa }o saaeb paILIBIO N avail M, 1[87 x H N M ei0 M 1� N r O r M N N M O Of r r co r- C; M Of N co O M n M N 01 Ui t0 0 w e � e M ca n U.) CO ua es C N 7 3 p L C y jp Y 0 r O F r N 0 C cc O ,N a 1. O 4- O L U C a) U C m E O a N N El OD 0- O Q O T N Q r � L � O C� W C Q 1 I-- co M r LO CO t0 N r-IIJ Q) r Il9 Ln N N N O V r N M M 1- N T M t0 N M N Lo Lo O N r {n W� O W; co v r � N M ei0 M 1� N r O r M N N M O Of r r co r- C; M Of N co O M n M N 01 Ui t0 0 w e � e M ca n U.) CO ua es C N 7 3 p L C y jp Y 0 r O F r N 0 C cc O ,N a 1. O 4- O L U C a) U C m E O a N N El OD 0- O Q O T N Q r � L � O C� W C Q 1 1 1 I 1 IN T I I < 1 I 1 N 1� C: VV` 1 I I I �I 1 r I I i S 1 1 1 I < 1 I 1 1 0 I 111 N I .alai N `T I ■ J a I 1 Z I I I Z T+ Q 1 1 rn I I W 1 1 } 1 w 1 i 1 ■ I 1 1 � 1 1 I I I O 1f! O off O N < ( %) ujnaaa jo saae8 pajy61aM aunt_ 01,`I a0 Q) tD 07 M CO r- v M c0 N N - «�a;co oo; (p < M N < U') CO < ui (h i �C', rn a n oLD Ip N O < M i O N t. �< rM N M � N « O < 17' Lo N LO Cl) ^O r m < M O O m U U U U T � a vni e a0 Q) tD 07 M CO r- v M c0 N N - > O o0 n N (p < M N < < ui (h i �C', rn a n oLD < M i O N t. �< rM N M � N « O < a0 Q) tD 07 M CO r- v M c0 N N - IA N O p r (D p o 0 i �C', rn a n oLD N N N N w M w LO < LO < « O < r�7�ocolLQl I� n } N r .t n O �°r�� °oo"o a m moo <-��co n r- In ' C O 01 O N N < i �C', rn a n oLD 01 n O �' oo < m N < O < c c 9 c c m U U U U a vni e N d d N M c0 I- M L L a L L CO f0 LO vi N n c1 40 °i 0. E 0 x O F- N 3 0 U. m y c jp Y J O I- < N .iw 1 O .N a c s O c Cl) O Al U C m E N d U Q CC) a Q O >. N r a L c UN � Q 1 t I � I I 1 1 I 1 I I •` 1 1 I I 1 1 ni I 1 W 1 I 1 1 ■ i 1 1 1 1 J I 1 a z 1 1 Q 1 N 1 I I U.i ■ �� r 1 1 W ui 1 I 1 1 1 1 I I [♦ I I I 1 I 1 1 I 1 1 1 1 I 1 1 1 1 I O � N ( %) ujn;a2i 30 salea POW618M o"I Kiy w v v M N r 0 O O to N O_ O) C �) t'1 N � U ro (O U! CD O O O to T ar O M N Lo Cfl f` N O N N r � N N CN U) r' N U) 0 O CO a N 0 q' c0 N N o r r1 O N O M N W CD N M u? M 07 h N 0 l!i at N r O .N O m O a0 0 N N O N N N w N h r' CO O w 01 4a � -Ai 01 °� (O (f) (D (j} N N �- N 4- O ° f—t U O an O tD N Lo N N N �coC') C o O U N W M CO r < r � U C E O N .- N O f0 00 N O (D CO N O r r c•i M N N M N d U) C7 N N N N \ (n O C C C U < c Od Q N U 1? 0 1° aaa 0 C) O t L Q L r fA ON LO LO t(7 N r O z z c 0 C, C d 0. LL y it (n a V • I 1 1 I I I I 1 1 1 1 1 I I � I 1 I 1 � W � 1 1 I • I 1 LI 1 1 i • 1 I I 1 1 1 W i 1 N J D 1 1 1 II 1 I 4- "� w } 1 1 Z I 1 • U) :D ------------ W I 1 � I I 1 1 I II I I I I 1 1 I I I I I I I I I 1 O O Q N r ( %) uanlab 10 sales 13914610M aural to It N O (D N O r 01 Cl Ci r N r � i Of m `. r N M (\I ' Q? t3) M CO r �- } rn o 4 co (°. o 00 m V r g Y N O 00 Q? N n � } N O N o 01 r v z O M M 0 M � O a0 m lV O N N V T m } 00 t7 00 O Ln Q. N LO N co O i 0 m o } O (o 0 N N O �c C s 0 O O a-+ •N 10 O `; N `� N N 'ef o 0 } M O M O i- Cl O ao ri v ri v co 0 0 O (h U r N o — (' N tv U c m ` L a a� aaao-d M ao (cm CL co CL O � Q Y « 1 ow 0 to N r T a z z i N LL y G Q (n (n @ J V a.� C H r I 01,ItJ r i C7 LLJ O s � 0-4 1 1 I 1 1 1 1 1 1 1 t 1 I I I I 1 1 I I 1 I I 1 1 1 I 1 I I J 1 I a Z 1 1 a ' � 1 � I I a w } i 1 Z I� 1 W F.. I 1 1 I I 1 I I I I 1 t I � I � I � 1 1 I I I I I I O O O G O p r H C-� r ( %) uin;ab 10 seleb POIgBIBM awil O "Ell M N O �_ O N O cM'� N N N O N N O m m N �I N r M ED N ce OIr p o r r N — - - - co .;r cO 0 0 O r M N N N V O 'O cl M r `7 co to N I M p0 M O oOIC N a6 V O< N C CF, u'l N 't n LoIc O N V N c r O O V A-- 1 In co co O Qi 1 M N N 9 U V U U as rL as a a In Lo Lo to N r— T I. IV U Q a W 0 m U a LO c14 — C r c7 N r i ao N Q1 7 O M r N M N M r M O O. r LO N N m � r m a O r LO O M O r e M n a Lr) O N N 4 r-� w N C 7 0 LL 5 Q 0 0 I-- r N r1 u LO Cl, N 0) M Q C a _ .y Q CL _ 0 4� _ 4— 0 r �j U C U c N L a a� rn Q Oa Q O T N � r a r � L N (9 � Q D •`_ ti D 1 N J a D Z Z uia a w w w 1'- a Q 1 1 I 1 1 1 I 1 I 1 1 � 1 I NI H I 1 I � 1 I I I I 1 i I I 1� 1 1 1 1 1 I I I 1 I i 1 i 1 1 1 I 1 1 I 1 I I I 1 1 1 I I I 1 I 1 1 t I I I I 1 1 O C ui OD O m 17 r ( %) uin;oa ;o soaea p84146leM awil 01, Eel � M N o— N 0) CD cl) } U) W N CO 7 N i M ID M r .r 0 } q ID Q+ M 0 N V ai a0 ��vnaoo� O r ui co N (O r r N O M N ~ D) w co � N cy� m c o 10 m } o U a M M rn p N co 1G Lo N In N I a a a L L Q L L u Lo Lo N r O a w a _rn CJ a LO 10 V r C M N r � ur °° N Q) O Z� r CCU N N (D r '[{ N (D ,N C r � N O a � u7 co r O1 "� s M 0 O o r a r t(1 O) N 69 EA LL 7�5 Q m °� L 0 H N U C N U C m C O N (n N Q 01) a- C) < N � t Q) N i U) (0 N � a C u) � M a O r 0 ,N C v � I� a s 0 W n N N 4- 0 U a r t(1 O) N 69 EA LL 7�5 Q m °� L 0 H N U C N U C m C O N (n N Q 01) a- C) < N � t Q) N i U) (0 N � a M & C -- 2008 -262 August 29, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Resolution. for Cities .Association re: PSAB Impact on Financial Reporting The Finance Committee at a meeting held on August 20, 2008 adopted the following resolution:. "Resolved that the Finance Committee recommends that Common Council request transitional funding from the Province of New Brunswick for PSAB implementation and further that the support of the Cities of New Brunswick Association be solicited in this regard ". The Finance Committee is asking for Common Council approval of the attached resolution for presentation at the Cities of NB Association meeting to be held on September I 91 2008. Respeetfully tted, Deputy Mayor Stephen Chase Chair Finance Committee 346 The City of saint John WHEREAS the Public Sector Accounting Board of the Canadian institute of Chartered Accountants regulates accounting principles and practices for all government levels across Canada; and WHEREAS the Public Sector Accounting Board /PSA8\ has required local governments tobePSAB compliant bv January 1,20D9;and WHEREAS the New Brunswick Provincial Government is strongly encouraging all municipalities to comply with the January 1,2O09 deadline; and WHEREAS the benefits ofP3AB compliant statements include more useful and understandable financial information for Council and the public, and ensures comparability to all other municipalities through adoption nf one accepted set ofaccounting principles; and WHEREAS the Federal Government has indicated its future requirement for PSAB compliance in order to obtain future federal funding orto be eligible for other Federal Programs; and WHEREAS this change in accounting practices will result in additional costs to the Cities to comply with these standards by way of additional resources; and WHEREAS this isanumb expense which creates a financial burden to the citizens nfour communities; and WHEREAS there has been no direction, support ur assistance forthcoming from the Provincial Government to effect this change; THEREFORE BE IT RESOLVED THAT the Province of New Brunswick provide direction, assistance and support and cover the transitional costs incurred by each of the Cities of New Brunswick to become PSABcomp|ient. M0 rte✓ dP�€! k��"✓,/ Af4S���f�( VY( �ff�t011�it;l r'��r4,�U�7;'�➢,lf�� &d�^„'?�k�l OPEN SESSION M &C2008 -233 August 13, :2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT City Market Cleaning Services I -Ime CEN Zilll l �7 City of Saint John During Local 18 negotiations in the Fall of 2006, possible changes to staffing at the City Market were discussed in length. In order to more effectively coordinate staff activities and building maintenance, responsibility for the City Market was transferred from the Leisure Services Department to the Buildings and Inspection Services Department. The transfer took place on January 1, 2007. Two permanent skilled worker positions were added to the staff at the Market, resulting in two casual positions being eliminated. This resulted in three permanent staff at the Market - one foreman and two skilled workers, and two casual labour positions. Around the negotiating table, it was agreed that Market staff time would best be spent maintaining and upgrading the Market, as opposed to bussing tables during the lunchtime hours. To this end, it was determined that the City would make alternate arrangements to have the solarium and common areas cleaned during the busy hours of the daytime, allowing the market staff to use their time for addressing building maintenance issues. Staff" discussed with Drummond. Consulting Ltd., the company contracted to manage the Market, as to how an outside cleaning service for the solarium and common areas would function from an operational basis. Given Drummond Consulting's mandate as an aid to the administration and operation of the market with the goal of improving operational effectiveness, it made sense from an operational viewpoint to have the cleaning program provided by Drummond Consulting. Drummond's proposal to provide cleaning services for the City ME M & C 2008-233 2 August 13, 2008 Market included 60 hours per week of solarium and washroom cleaning between the hours of 9 :00 am and 4:00 pm every day the Market is open, on -site supervision, and administration by Drummond Consulting at a cost of $3131.67 plus HST per month. The cost included employee wages and benefits, insurance, administration and supervision. ANALYSIS Staff concluded that adding cleaning service to Drummond Consulting's existing contract was an effective and practical arrangement to provide solarium and washroom cleaning. The City is able to have Market staff's attention focused on building maintenance issues, as opposed to bussing tables during peak daytime hours. Drummond Consulting staff. is on -site at the Market during the daytime hours and they are already engaged in the operations of the Market. They have the necessary understanding and appreciation of how the Market functions and how important cleanliness is to the ongoing success of the Market. Drummond Consulting's cost of $3131.67 plus HST per month ($37,580 plus HST per year) for 60 hours of cleaning service is a cost effective option for the City. Once the program was implemented in February 2007, the City was able to eliminate one casual position at a cost of $40,139 for 40 hours of work. The three permanent staff and one remaining casual employee are able to focus on building and general maintenance issues and other routine tasks. Due to this program implementation, the condition of the Market has visibly improved in the last year and a half. Also, the cleanliness of the solarium and washrooms during busy peak hours has improved due to the dedicated attention by the cleaning service. For instance, during cruise ship days, a cleaner spends most of the hours in the ladies' washroom to keep up with the high volume of use. The cleaning program began on February 5, 2007. In 2007, $34,448.32 plus HST was expended for the cleaning program. The cost was adjusted in April 2008 to account for the increase in minimum wage in the Province of New Brunswick. Up to the end of June 2008, 19,134.48 plus HST has been expended for the cleaning program. There is no formal contract for this cleaning program. The City has no contractual obligation to Drummond Consulting for cleaning services, and can therefore discontinue the arrangement at any time. The cleaning program is paid on a monthly basis and falls within spending limits of the responsible department. However, considering the annual expenditure exceeds the department's spending authority, it is necessary to receive Council approval to continue this program as it exists today. 349 M & C 2008-233 -3 - August 13, 2008 RECOMMENDATION Your City Manager recommends that Council approve the expenditure of $3,246.49 plus HST per month to be paid to Drummond Consulting Ltd. for the provision of cleaning services at the City Market. The fee is to be reviewed on an annual basis prior to January I" each year, and that this report be received and filed. Respectfully submitted, Array Poffenroth, P. Eng. MBA Manager, Building Maintenance Wm- Edwards, P. Eng. Cornmissi er B 'ldin and lnspectio 'ervices Terrence Totten, CA City Manager 350 130 CRANE MOUNTAIN ROAD, SAINT JOHN, NEW BRUNSWICK, E2M -7T8 AUGUST 9, 2008 TO MAYOR IVAN COURT & COMMON COUNCILLORS OF THE CITY OF SAINT JOHN I HAVE SPENT TWO YEARS ATTEMPTING TO GET A POSITIVE RESPONSE ON PLACING A HOME ON THE CRANE MOUNTAIN ROAD SITE,OPPOSITE 130 CRANE MOUNTAIN ROAD APPARTMENT.BUILDING OWNED BY MY MOTHER. IT IS A CONSTANT BATTLE TRYING TO GET COOPERATION AND ANSWERS BETWEEN THE PROVINCIAL AND CITY GOVERNMENT. ALL SERVICES ARE IN PLACE ALREADY. WE ARE NOT ASKING FOR ANYTHING THAT THE CITY DOES NOT ALREADY SUPPLY, THE PROVINCE DOES MAINTAIN (PLOW) THE ROAD THRU THE RECIPROCAL PLOWING AGREEMMENT BETWEEN THE CITY AND THF, PROVINCE COUNCIL PROMISED TO EXPAND AND SUPPORT GROWTH ON THE WEST SIDE. ACTIONS ARE WHAT WE NEED. WE ARE NOT ASKING FOR ANYTHING UNREASONABLE. WHY IS THE WEST SIDE RESTRICTED IN DEVELOPMENT? WE AWAIT YOUR POSITIVE RESPONSE IN THIS MATTER urs truly, 4�x-ll Katrina L. Carvell 651 -9997 (building permit applicant)/ Karyn E. Thomas 647 -7567 (owner 130Crane Mountain Road) .g (Attached is the prior letter given to previous council.) 351 -2— To Mayor MacFarland and Common Council of the City of Saint John I would appreciate your recognizing this letter as a formal request for approval, of a building permit so I can have a house directly across the old Acamac Backland Road from the apartment building at 130 Crane Mountain Road. I currently reside in the apartment building, owned by my mother Karyn Thomas and would like to put a single family residence on the property directly across the street for my family. This property would have road frontage on Crane Mountain Road as does the apartment building and will have easy access to hydro. The PAN NUMBER IS #05189304. I have a written first option to purchase the property which belongs to the estate of Victoria Beckett., which is administered by her daughter and son in law (Betty and Kenneth Farmer.). I am well aware of the bad history that this property and the Beckett family and their heirs have had with the administration at city hall. Part of their recent problems are due to their living in Sudbury, Massachusetts and being absentee landlords. We want a positive relationship and are not looking at a large development and fight with city hall. I am very responsible and feel that the property is maintained in a better more orderly fashion. I've helped to prevent illegal dumping in the area and even returned stolen items to the landfill and the paintball business. There is a better caliber of tenants in the building than our predecessors had. The family enjoy the outdoors, nature and like to live in this country setting. We do our own plowing and the police and fire officials are not making regular calls since we have moved here, because we are living here and are able to monitor the building, and the area. We have new tenants and are working hard to improve an area that had suffered from absentee owners. I have been assisting Abel Leblanc MLA, for our area with housing for a lady in Saint John who has multiple sclerosis -The city has kindly assisted by offering their services to assist this disabled mother. Since then my own daughter has been very ill and has been on medication and undergoing tests for multiple sclerosis. Needless to say I have been most upset and feel I need to take measures to establish a single family home that will enable me to look after my own family easier. I need your help, your approval, so I can proceed with negotiations re the purchase of the land. If I cannot build then it is useless for me to purchase the property. Thank you for your anticipated cooperation in this request. Sincerely, Katrina L. Carvell (738 -2673 & 651 -9997) BUILDING PERMITS APPLICANT Karyn E Thomas (847- 3472) -OWNER -130 CRANE MOUNTAIN ROAD 130 CRANE MOUNTAIN ROAD, APT. #6, SAINT JOHN N.B.E2M -7T8 PHONE: 738 -2673 • CELL 651 -9997: 01P