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2008-12-01_Agenda Packet--Dossier de l'ordre du jour�1 �i 0 City of Saint John Common Council Meeting Monday, December 01, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. Council Chamber 1(a) Negotiations 10.2(4)(c)(d) I(b) Saint John Adventures Inc Request to Present (Recommendation: Refer to Clerk to Schedule) I (c) Letter from Assistant Common Clerk Re: Committee of the Whole Item Regular Meeting 1. Call to Order — Prayer 5:45 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of November 17, 2008. 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Cherry Brook Zoo Request to Present (Recommendation: Refer to Clerk to Schedule) 5.2 Horst Sauerteig Letter Re: Offer to Purchase Tucker Park (Recommendation: Refer to City Manager) 5.3 Results of Proposal Call Vacant Land 1581 and 1601 Sandy Point Rd (Recommendation in Report) 5.4 Land Acquisition Thorne Avenue Lift Station 44 Project Easement through lands of Enbridge Gas New Brunswick Inc. (Recommendation in Report) 5.5 Results of Proposal Call Vacant Land 1345 Sandy Point Rd (Recommendation in Report) 5.6 Dr. Leland Thomas Letter Re: Offer to Purchase Tucker Park (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 7.1 National Day of Remembrance and Action on Violence Against Women 7.2 World AIDS Day 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 11.0 Winter Road Maintenance Programs (Deputy Mayor Chase) 11.1 Public Inquiry of Pension Plan (Councillor Farren) 11.2 Keeping City Website Current (Councillor Sullivan) 11.3 City Budget and List of Capital Projects Published on Website (Councillor Sullivan) 12. Business Matters — Municipal Officers 12.1 2009 Operating Budget Discussions 12.2 Community Expectations in 2009 and Beyond 12.3 Format of Budget Presentation and Submissions to Council 12.4 Ward Meetings 13. Committee Reports 13.1 Leisure Services Advisory Board Prioritizing Goals and Objectives 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Frank Rodgers Re: Public Enquiry of Pension Plan 16. Adjournment �1 �i 0 City of Saint John Seance du conseil communal Le lundi I" decembre 2008 Comite plenier 1. Ouverture de la seance 17 h Salle du conseil 1(a) N6gociations — alin6as 10.2(4)c)d) 1(b) Demande presentee par Saint John Adventures Inc. visant a se presenter devant le conseil I(c) Lettre revue du greffier communal adjoint relative a un point du comit6 pl6nier Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h 45 Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 17 novembre 2008 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande de presentation de la part du zoo Cherry Brook (recommandation: transmettre au greffier pour qu'une date de presentation soit fix6e) 5.2 Lettre revue de Horst Sauerteig relative a une offre d'achat du parc Tucker (recommandation : transmettre au directeur general) 5.3 R6sultats de 1'appel de propositions visant le bien -fonds vacant situ6 aux 1581 et 1601, chemin Sandy Point (recommandation figurant au rapport) 5.4 Projet d'acquisition fonci&re de la station de relevement no 4 de l'avenue Thorne — Servitude des terrains de Enbridge Gaz Nouveau - Brunswick Inc. (recommandation figurant au rapport) 5.5 R6sultats de 1'appel de propositions visant le bien -fonds vacant situ6 au 1345, chemin Sandy Point (recommandation figurant au rapport) 5.6 Lettre revue du Dr Leland Thomas relative a une offre d'achat du parc Tucker (recommandation : transmettre au directeur general) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ6e nationale de commemoration et d'action contre la violence faite aux femmes 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.0 Programmes d'entretien hivernal des routes (maire suppleant Chase) 11.1 Enquete publique sur le regime de retraite (conseiller Farren) 11.2 Tenue a jour du site Web de la Ville (conseiller Sullivan) 11.3 Publication du budget de la Ville et de la liste des projets d'immobilisations sur le site Web (conseiller Sullivan) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Discussions sur le budget d'exploitation de 2009 12.2 Attentes de la collectivite en 2009 et au -dela 12.3 Format de presentation du budget et des soumissions au conseil 12.4 Reunions de quartier 13. Rapports deposes par les comites 13.1 Etablissement des buts et des objectifs prioritaires du Conseil consultatif des services des loisirs 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Lettre revue de Frank Rodgers relative a 1'enquete publique sur le regime de retraite 16. Levee de la seance c > I ? Saint John Adventures Inc. 1845 Manawagonish Road Saint John, NB E2M 3Y6 506-635-4054 November 20, 2008 City of Saint John Common Clerk's Office 8th Floor 15 Market Square Saint John, NB "Hand Delivered" To the Mayor and Council of the City of Saint John RE: Business Proposal We respectfully request to present in closed session a business proposal at your earliest available date. C. %r Thank you. Sincerely yours, Terry Stevens — President Saint John Adventures Inc. T.J. Stevens — Vice President November 28, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Subiect: Committee of the Whole for December 1, 2008. At its meeting on November 17, 2008 Common Council passed the following resolution.- RESOLVED that all agenda items considered for Committee of the Whole closed session meetings contain a preamble explaining the justification for the item being handled confidentially. The following is an explanation for the Committee of the Whole item entitled Negotiations 10.2(4) (cd) that is scheduled for December 1't, 2008: The information contained in this item could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; this item involves proposed or pending acquisition or disposition of land for a municipal purpose. Respectfully submitted, Z-71 Jonathan Taylor, Assistant Common Clerk 64�)- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4LI p wwwsaantjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4LI 94- COMMON COUNCIL / CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL November 17, 2008, 5:00 P.M. present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Mott, Snook and Sullivan. -and - T. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; D. Scribner, Police Inspector; R. Simonds Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 17 novembre 2008 A 17 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Mott, Snook et Sullivan. et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; D. Scribner, inspecteur de police; R. Simonds, chef du service d'incendie; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. Call To Order — Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le conseiller Snook recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Court Seconded by Councillor Mott RESOLVED that the minutes of the meeting of Common Council, held on November 3, 2008 be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Court Appuyee par le conseiller Mott RESOLU que le proces- verbal de la seance du conseil communal tenue le 3 novembre 2008 soit approuve. A I'issue du vote, la proposition est adoptee. 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 3. Approval of Agenda On motion of Deputy Mayor Chase Seconded by Councillor Snook RESOLVED that the agenda of this meeting be approved.with the addition of item: 13.3 (c) Appeal of Planning Advisory Committee (PAC) Decision. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du maire suppleant Chase Appuyee par le conseiller Snook RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout du point 13.3 c), Appel de la decision prise par le Comite consultatif d'urbanisme (CCU). A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Centenary -Queen Square dated November 4, 2008 requesting funding be referred to budget deliberations. 5.2 Refer to item 14.2 5.3 That the letter from Saint John Port Authority dated October 21, 2008 requesting funding be referred to budget deliberations. 5.4 Refer to item 14.3 5.5 That the letter from Micheline Rene regarding Coldbrook Crescent be received for information. 5.6 That the report from the Committee for the Development of Samuel de Champlain Park be referred to the City Manager. On motion of Councillor Killen Seconded by Councillor Mott RESOLVED that the recommendation set out for each consent agenda item with the exception of items: 5.2 P.U.L.S.E Request for Funding, and 5.4 Financial Advisory Services Employee Plan, which have been identified for debate, be adopted. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de demande de financement, datee du 4 novembre 2008, de la part de la Centenary-Queen Square United Church soit transmise aux fins de deliberations budgetaires. 5.2 Voir le point 14.2 5.3 Que la lettre de demande de financement, datee du 21 octobre 2008, de la part de I'Administration portuaire de Saint John soit transmise aux fins de deliberations budgetaires. 5.4 Voir le point 14.3 5.5 Que la lettre de Micheline Rene concernant le croissant Coldbrook soit acceptee a titre informatif. 5.6 Que le rapport du Comite d'amenagement du parc Samuel -de- Champlain soit transmis au directeur general. 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 Proposition du conseiller Killen Appuyee par le conseiller Mott RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.2, Demande de financement de PULSE et 5.4, Regime de retraite des employes des services consultatifs financiers, et qui a ete selectionnee aux fins de discussion, soit adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 The Mayor proclaimed the week of November 16th as National Addictions Awareness Week in the City of Saint John. 7. Proclamation 7.1 Le maire proclame la semaine du 16 novembre comme Semaine nationale de sensibilisation aux toxicomanies dans The City of Saint John. 8. Delegations /Presentations 8.1 Saint John Waterfront Development Update Phase 1 Reversing Falls — Lower River Passage. Referring to a submitted report and presentation Daniel Glenn, the Glenn Group Ltd.; Bill MacMackin, President of Saint John Waterfront Development and Michael Baldwin, General Manger, updated council with respect to proposed development opportunities for the Reversing Falls site. 8. Delegations et presentations 8.1 Mise a jour relative a la phase 1 de I'amenagement du secteur riverain de Saint John — Chutes reversibles — passage a la riviere inferieure Se reportant a la presentation et au rapport soumis anterieurement, Daniel Glenn, de 1'entreprise Glenn Group Ltd., Bill MacMackin, president du Partenariat d'amenagement du secteur riverain de Saint John, et Michael Baldwin, directeur general, mettent le conseil au courant des possibilites d'amenagement envisagees pour Ies Iieux des Chutes reversibles. 8.2 Human Development Council Referring to a submitted video, Belinda Allen, Research Project Coordinator for Human Development Council, updated Council with respect to the various housing and poverty issues facing the citizens of Saint John. 8.2 Conseil de perfectionnement social Faisant reference a une presentation video anterieure, Belinda Allen, coordonnatrice de projets de recherche pour le Conseil de perfectionnement social, met le conseil au courant des nombreux problemes de logement et de pauvrete auxquels doivent faire face Ies citoyens de Saint John. 9. Public Hearings 9. Audiences publiques 10. Consideration of By -laws 10. Etude des arretes municipaux 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 11. Submissions by Council Members 11.1 Webcast of Open Council and Committee of the Whole Meetings(Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that Council webcast all open Council and Committee of the Whole meetings beginning no later than January 31, 2009. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Webemission des seances publiques du conseil et du comite plenier (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le conseil diffuse sur le Web toutes les seances publiques du conseil et du comite plenier a partir du 31 janvier 2009 au plus tard. A ('issue du vote, la proposition est adoptee. 11.2 Items in Closed Session (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that all agenda items considered for Committee of the Whole closed session meetings contain a preamble explaining the justification for the item being handled confidentially. Question being taken, the motion was carried. 11.2 Points presentes devant le conseil en reunion privee (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que tous les points de I'ordre du jour consideres pour les reunions privees du comite plenier contiennent un preambule expliquant pour chaque point la raison de son caractere confidentiel. A ('issue du vote, la proposition est adoptee. 11.3 Budget Deliberations /Presentations (Councillor Titus) On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED the report from Councillor Titus entitled Budget Deliberations /Presentation be tabled until Councillor Titus is present. Question being taken, the motion was carried. 11.3 Discussions /presentations relatives au budget (conseiller Titus) Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le rapport du conseiller Titus intitule Discussions /presentations relatives au budget » soit reporte jusqu'a ce que le conseiller Titus soit present. A ('issue du vote, la proposition est adoptee. Is 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 11.4 Commissions, Boards and Committees (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that the letter from Councillor Killen entitled Commissions, Boards and Committees be referred to the City Manager. Question being taken, the motion was carried with Councillor Farren voting nay. 11.4 Commissions, conseils et comites (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que la lettre du conseiller Killen intitulee Commissions, conseils et comites » soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 11.5 Information Sessions (Councillor Killen) On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that council instruct the City Manager to plan a series of open forum information sessions including, but not to be limited to, the following topics: 1. Transparency, closed sessions and the public right to know 2. Accessing city services: the services we offer and how to access them 3. Your taxes and how they are spent— revenue streams and the real costs of providing services 4. Accountability: defining the relationship of council, management and staff 5. Municipal planning: what does it means and who is involved 6. Provincial vs. municipal: what the city can and cannot control 7. Commissions, boards and committees — their powers and their purposes Question being taken, the motion was carried. 11.5 Seances d'information (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le conseil charge le directeur general d'organiser une serie de seances d'information publiques abordant, entre autres, les sujets suivants : 1. la transparence, les reunions privees et le droit de savoir du public; 2. I'acces aux services municipaux : les services que nous proposons et comment y acceder; 3. vos imp6ts et comment ils sont utilises : les flux de rentrees et les coots reels des prestations de services; 4. la responsabilite : definir la relation entre le conseil, la direction et le personnel; 5. I'urbanisme municipal : ce que cela signifie et qui est implique; 6. la province et la municipalite : ce que la ville peut et ne peut pas diriger; 7. les commissions, conseils et comites : leurs pouvoirs et leurs objectifs. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Les Jeux de L'Acadie - 2010 On motion of Councillor Farren Seconded by Deputy Mayor Chase RESOLVED that the report entitled Les Jeux de L'Acadie — 2010 be received for information. Question being taken, the motion was carried. M 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Les Jeux de L'Acadie — 2010 Proposition du conseiller Farren Appuyee par le maire suppleant Chase RESOLU que le rapport concernant Les Jeux de L'Acadie — 2010 soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.2 Princess Street Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction On motion of Councillor Farren Seconded by Councillor Court RESOLVED that as outlined in the submitted report, Common Council: 1. Direct staff to develop a policy proposal, in consultation with the various utilities involved, that would establish a design standard for underground services in designated uptown streets and the responsibility for financial contributions related thereto, and; 2. Request funding in the amount of $548,000 from The Power Commission of The City of Saint John for its share of the Princess Street reconstruction project, and; 3. Authorize staff to proceed with the tendering process for the Princess Street reconstruction project. Question being taken, the motion was carried. 12.2 Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et travaux de refection de la rue Princess Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que, comme le souligne le rapport presente, le conseil communal : 1. charge les employes d'elaborer une proposition de politique, en consultation avec les differents services concernes, qui etablirait des normes de conception pour les installations souterraines des rues du centre -ville designees et la responsabilite concernant les apports financiers s'y rattachant, 2. demande un financement de 548 000 $ de la part de la Commission d'energie de The City of Saint John pour sa participation au projet de refection de la rue Princess; 3. autorise les employes a proceder au processus d'appel d'offres pour le projet de refection de la rue Princess. A ('issue du vote, la proposition est adoptee. 12.3 Vacant and Derelict Buildings On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the report entitled Vacant and Derelict Buildings dated November 6, 2008 be received for information. The majority of council indicated that they were not prepared to receive the report for information as they would prefer that the City Manager produce a more detailed report on the matter. Question being taken, the motion was defeated with all council members voting nay. 12 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the City Manager bring forward a report outlining new and innovative programs which council could implement to reduce the number of vacant and derelict properties in the City of Saint John and the processes that would be involved to do so. Question being taken, the motion was carried. 12.3 Batiments vacants et abandonnes Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que le rapport relatif aux batiments vacants et abandonnes, date du 6 novembre 2008, soit accepte a titre informatif. La majorite des membres du conseil indiquent qu'ils ne sont pas prets a recevoir le rapport a titre informatif et qu'ils prefereraient que le directeur general produise un rapport plus detaiM sur la question. A ('issue du vote, la proposition est rejetee, tous les membres du conseil votent contre. Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que le directeur general presente un rapport sur les nouveaux programmes innovateurs que le conseil pourrait mettre en oeuvre afin de reduire le nombre de proprietes vacantes et abandonnees dans The City of Saint John et les processus s'y rattachant. A ('issue du vote, la proposition est adoptee. 12.4 Designation of Individuals for By -Law Enforcement Purposes On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the following resolution be adopted: 1. NOW THEREFORE BE IT RESOLVED, that the resolution of June 23, 1997, item (2), authorizing William Edwards and David G. M. Crawford to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By -law, is hereby rescinded; 2. AND BE IT FURTHER RESOLVED, that the resolution of June 23, 1997, item (3), authorizing David G. M. Crawford to make applications to the Court of Queen's Bench of New Brunswick or any judge thereof pursuant to section 106.1 of the Municipalities Act, R.S.N. B. 1973, c. M -22, and amendments thereto, is hereby rescinded; 3. AND BE IT FURTHER RESOLVED, that the resolution of June 23, 1997, item (4), authorizing William Edwards and David G. M. Crawford to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Mobile Home Parks By -law, is hereby rescinded; 4. AND BE IT FURTHER RESOLVED, that the resolution of November 1, 1999, appointing Amy Poffenroth as a By -law Enforcement Officer for the purpose of enforcing the Garbage By -law, Saint John Animal Control By -law, Saint John Minimum Property Standards By -law, and authorizing her to lay informations for breach of such By -laws, is hereby rescinded; 5. AND BE IT FURTHER RESOLVED, that the resolution of January 21, 2008, appointing William Edwards, David Crawford, Amy Poffenroth and Pamela Bentley to notify owners and occupiers with respect to premises that are unsightly, and buildings and structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, and buildings and structures that do not meet the standards that are set out in the 13 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 City's Minimum Property Standards By -law or in the Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act, is hereby rescinded; 6. AND BE IT FURTHER RESOLVED, that the resolution of August 18, 2008, appointing William Edwards, David Crawford, Amy Poffenroth and Pamela Bentley as By -law Enforcement Officers pursuant to section 14 of the Police Act, S.N.B. 1977, c. P -9.2, and amendments thereto, and designated as persons to serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, supra, is hereby rescinded; 7. AND BE IT FURTHER RESOLVED, that the resolution of August 18, 2008, appointing Rick Armstrong, Darryl Berube, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye as Inspection Officers pursuant to section 4 of the Saint John Minimum Property Standards By -law, is hereby rescinded; 8. AND BE IT FURTHER RESOLVED, that the resolution of September 2, 2008, appointing Rick Armstrong, Darryl Berube, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye as Inspection Officers pursuant to section 4 of the Saint John Minimum Property Standards By -law, is hereby rescinded; 9. AND BE IT FURTHER RESOLVED, that the resolution of September 2, 2008, appointing William Edwards, David Crawford, Amy Poffenroth and Pamela Bentley as By -law Enforcement Officers pursuant to section 14 of the Police Act, supra, and designated as persons to serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, supra, is hereby rescinded. 10. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, supra, including the City of Saint John Flood Risk Areas By -law, Mobile Home Parks By -law, Saint John Animal Control By -law, Saint John Building By -law, Saint John Preservation Areas By -law and The Zoning By -law, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with such By -laws; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By -law Enforcement Officers for a municipality; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of the City of Saint John Flood Risk Areas By -law, Mobile Home Parks By -law, Saint John Animal Control By -law, Saint John Building By -law, Saint John Preservation Areas By -law and The Zoning By -law, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick with respect to violations to the City of Saint John Flood Risk Areas By -law, Mobile Home Parks By -law, Saint John Animal Control By -law, Saint John Building By -law, Saint John 14 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 Preservation Areas By -law and The Zoning By -law, and these designations and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 11. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, supra, including the Saint John Minimum Property Standards By -law, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By -law Enforcement Officers for a municipality; AND WHEREAS, paragraph 23(1) of the Saint John Minimum Property Standards By -law, provides that where a condition of a premise, dwelling, dwelling unit or structure does not comply with the said By -law, an officer appointed by council may notify the owner or occupier of a premise, dwelling unit or structure by notice in the form prescribed by regulation; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of the Saint John Minimum Property Standards By -law, effective immediately upon the Saint John Minimum Property Standards By -law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2008, being enacted and upon approval by the Minister of Local Government, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed and authorized to notify owners and occupiers with respect to premises that do not meet the standards that are set out in the Saint John Minimum Property Standards By -law, effective immediately upon the Saint John Minimum Property Standards By -law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2008, being enacted and upon approval by the Minister of Local Government, and these appointments and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By -law, effective immediately upon the Saint John Minimum Property Standards By -law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2008, being enacted and upon approval by the Minister of Local Government, and these appointments and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 15 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 12. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, supra, including the Saint John Unsightly Premises and Dangerous Buildings By- law, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By -law Enforcement Officers for a municipality; AND WHEREAS, paragraph 190.01(3) of the Municipalities Act, supra, provides that an officer appointed by council may notify the owner or occupier of a premises, building or structure by notice in the form prescribed by regulation when a condition exists pursuant to paragraphs 190.01(1) or 190.01(2) of the said Act; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By -law, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed and authorized to notify owners and occupiers with respect to premises that are unsightly and buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength as set out in the Saint John Unsightly Premises and Dangerous Buildings By -law, and these appointments and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings By -law, and these designations and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 13. WHEREAS, paragraph 100.2(a) of the Municipalities Act, supra, provides that offences under paragraph 94.2(3) or 102.1(1.2) of the said Act or offences in respect of a by -law under paragraph 94(1) or 94(3) or section 190 of the said Act, are prescribed offences for the purposes of section 9 of the Provincial Offences Procedure Act, S.N.B. 1987, c. P -22.1, and amendments thereto; AND WHEREAS, paragraph 100.2(b) of the Municipalities Act, supra, provides that a by -law enforcement officer appointed under section 14 of the Police Act, supra, and designated by resolution of the council is an authorized person who may serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, supra: NOW THEREFORE BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized as a person to serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, 16 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 supra, and these designations and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 14. WHEREAS, paragraph 4(1) of the Saint John Minimum Property Standards By -law provides that Common Council may for the purposes of the administration and enforcement of the said By -law, appoint Inspection Officers who may exercise such powers and perform such duties as may be set out in the said By -law and /or the Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act and /or the Municipalities Act, supra: NOW THEREFORE BE IT RESOLVED, that each of Rick Armstrong, Darryl Berube, Carl Brandon, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye, is hereby appointed as an Inspection Officer with respect to the enforcement of the Saint John Minimum Property Standards By -law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2008, being enacted and upon approval by the Minister of Local Government, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 15. WHEREAS, paragraph 190.022(4) of the Municipalities Act, supra, and paragraph 27(4) of the Saint John Minimum Property Standards By -law, provides that within thirty days after the terms of the notice have been complied with or a debt due to a municipality or due to the Minister of Finance, as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the municipality to be affixed: NOW THEREFORE 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 Certificate of Discharge that is issued by William Edwards, David G. M. Crawford, Amy Poffenroth or Pamela Bentley under the Saint John Minimum Property Standards By -law and /or the Saint John Unsightly Premises and Dangerous Buildings By -law, and such authorization shall continue until Elizabeth A. Gormley ceases to be the Common Clerk of the City of Saint John or until it is rescinded by Common Council, whichever comes first. Question being taken, the motion was carried. 12.4 Nomination de membres pour I'execution des arretes municipaux Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, la resolution suivante soit adoptee : POUR CES MOTIFS, IL EST RESOLU que la resolution du 23 juin 1997, point 2), autorisant William Edwards et David G. M. Crawford a deposer aupres de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete surles normes minimales regissant les residences soit, par Ies presentes, annulee. IL EST DE PLUS RESOLU que la resolution du 23 juin 1997, au point 3), autorisant William Edwards et David G. M. Crawford a deposer des requetes aupres de la Cour du Banc de la Reine du Nouveau - Brunswick ou aupres d'un juge de celle -ci, conformement a I'article 106.1 de la Loi surles municipalites (Chapitre M -22, L.R.N. -B., 1973) et modifications afferentes, soit, par Ies presentes, annulee. 17 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 3. IL EST DE PLUS RESOLU que la resolution du 23 juin 1997, au point 4), autorisant William Edwards et David G. M. Crawford a deposer aupres de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete surles pares pour maisons mobiles soit, par les presentes, annulee. 4. IL EST DE PLUS RESOLU que la resolution du 1er novembre 1999, nommant Amy Poffenroth pour agir en qualite d'agent d'execution des arretes municipaux en vue de mettre en application I'Arrete surla collecte des ordures, I'Arrete relatif aux animaux domestiques, I'Arrete sur les normes minimales regissant les residences, et l'autorisant a deposer des denonciations relatives aux infractions commises a 1'encontre de ces arretes, soit, par les presentes, annulee. 5. IL EST DE PLUS RESOLU que la resolution du 21 janvier 2008, nommant William Edwards, David Crawford, Amy Poffenroth et Pamela Bentley pour emettre les avis necessaires aux proprietaires et aux occupants de lieux inesthetiques ou de batiments et de constructions dangereux pour la securite du public du fait de leur delabrement ou de leur manque de solidite, ainsi que de batiments et de constructions qui ne repondent pas aux normes etablies en vertu de I'Arrete sur les normes minimales regissant les residences ou du Reglement portant approbation du code d'entretien et d'occupation des residences - Loi sur les municipalites, soit, par les presentes, annulee. 6. IL EST DE PLUS RESOLU que la resolution du 18 aout 2008, nommant William Edwards, David Crawford, Amy Poffenroth et Pamela Bentley pour agir en qualite d'agents d'execution des arretes municipaux, conformement a I'article 14 de la Loi surla Police (Chapitre P -9.2, L.R.N. -B., 1977) et modifications afferentes, et les designant comme personnes habilitees a signifier des billets de contravention relativement aux infractions enoncees a I'alinea 100.2a) de la Loi surles municipalites, supra, soit, par les presentes, annulee. 7. IL EST DE PLUS RESOLU que la resolution du 18 aout 2008, nommant Rick Armstrong, Darryl Berube, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville et Jason Waye pour agir en qualite d'agents des inspections, conformement a I'article 4 de I'Arrete sur les normes minimales regissant les residences, soit, par les presentes, annulee. 8. IL EST DE PLUS RESOLU que la resolution du 2 septembre 2008, nommant Rick Armstrong, Darryl Berube, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville et Jason Waye pour agir en qualite d'agents des inspections, conformement a I'article 4 de I'Arrete surles normes minimales regissant les residences, soit, par les presentes, annulee. 9. IL EST DE PLUS RESOLU que la resolution du 2 septembre 2008, nommant William Edwards, David Crawford, Amy Poffenroth et Pamela Bentley pour agir en qualite d'agents d'execution des arretes municipaux, conformement a I'article 14 de la Loi surla Police, supra, et les designant comme personnes habilitees a signifier des billets de contravention relativement aux infractions enoncees a I'alinea 100.2a) de la Loi surles municipalites, supra, soit, par les presentes, annulee. 10. ATTENDU QUE le conseil communal de The City of Saint John a edicte certains arretes municipaux en vertu de la Loi surles municipalites, supra, comprenant I'Arrete concernant les zones exposees aux inondations, I'Arrete sur les pares pour maisons mobiles, I'Arrete relatif aux animaux domestiques, I'Arrete relatif a la construction, I'Arrete relatif aux aires de conservation et I'Arrete de zonage, et qu'il serait necessaire, de temps a autre, d'entamer des procedures judiciaires a la Cour provinciale du Nouveau - Brunswick, lorsqu'une personne viole les conditions de ces arretes ou neglige de les respecter; ET ATTENDU que le paragraphe 14(1) de la Loi surla police, supra, prevoit qu'un conseil municipal est habilite a nommer des personnes a titre d'agents charges de 1'execution des arretes municipaux; 11111 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 ET ATTENDU que I'article 101 de la Loi surles municipalites, supra, prevoit que les procedures relatives a une infraction a 1'encontre de 1'arrete doivent titre entamees au nom du greffier de la municipalite ou de toute autre personne designee a ces fins par le conseil : POUR CES MOTIFS, IL EST RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient nommes par les presentes pour agir en qualite d'agents charges de 1'execution des arretes municipaux visant ('application de I'Arrete concernant les zones exposees aux inondations, I'Arrete sur les pares pour maisons mobiles, I'Arrete relatif aux animaux domestiques, I'Arrete relatif a la construction, I'Arrete relatif aux aires de conservation et I'Arrete de zonage, et ces affectations demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'au moment ou ces postes sont abolis par le conseil communal, selon la premiere eventualite; IL EST DE PLUS RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, designes comme personnes autorisees a deposer aupres de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete concernant les zones exposees aux inondations, I'Arrete sur les pares pour maisons mobiles, I'Arrete relatif aux animaux domestiques, I'Arrete relatif a la construction, I'Arrete relatif aux aires de conservation et I'Arrete de zonage, et ces designations et leur autorisation correspondante demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'au moment ou ces postes sont abolis par le conseil communal, selon la premiere eventualite. 11. ATTENDU que le conseil communal de The City of Saint John a edicte certains arretes municipaux en vertu de la Loi surles municipalites, supra, y compris I'Arrete sur les normes minimales regissant les residences, et qu'il serait necessaire, de temps a autre, d'entamer des procedures judiciaires a la Cour provinciale du Nouveau - Brunswick, lorsqu'une personne viole les conditions de ces arretes ou neglige de les respecter; ET ATTENDU que le paragraphe 14(1) de la Loi sur la police, supra, prevoit qu'un conseil municipal est habilite a nommer des personnes a titre d'agents charges de 1'execution des arretes municipaux; ET ATTENDU que le paragraphe 23(1) de I'Arrete surles normes minimales regissant les residences, prevoit que lorsqu'une situation relative a une habitation, un logement, une structure ou aux lieux n'est pas conforme a 1'arrete, un agent des normes nomme par le conseil peut aviser le proprietaire ou ('occupant de I'habitation, du logement, d'une structure ou des lieux par avis selon la formule prescrite par reglement; ET ATTENDU que I'article 101 de la Loi surles municipalites, supra, prevoit que les procedures relatives a une infraction a 1'encontre de 1'arrete doivent titre entamees au nom du greffier de la municipalite ou de toute autre personne designee a ces fins par le conseil : POUR CES MOTIFS, IL EST RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient nommes par les presentes pour agir en qualite d'agents charges de 1'execution des arretes municipaux visant ('application de I'Arrete surles normes minimales regissant les residences. Ces nominations entreront immediatement en vigueur lorsque I'Arrete surles normes minimales regissant les residences, qui a ete lu en premiere et en deuxieme lectures par le conseil communal le 18 aout 2008 et en troisieme lecture par titre le 2 septembre 2008, aura ete edicte et approuve par le ministre des Gouvernements locaux, et elles demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que leur nomination soit revoquee par le conseil communal, selon la premiere eventualite; 19 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 IL EST DE PLUS RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, nommes et autorises a emettre les avis necessaires aux proprietaires et aux occupants de lieux qui ne repondent pas aux normes etablies en vertu de I'Arrete sur les normes minimales regissant les residences. Ces nominations entreront immediatement en vigueur Iorsque I'Arrete surles normes minimales regissant les residences, qui a ete Iu en premiere et en deuxieme lectures par le conseil communal le 18 aout 2008 et en troisieme lecture par titre le 2 septembre 2008, aura ete edicte et approuve par le ministre des Gouvernements Iocaux, et ces nominations et Ieur autorisation correspondante demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que Ieur nomination soit revoquee par le conseil communal, selon la premiere eventualite; IL EST DE PLUS RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, nommes et autorises a deposer aupres de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete sur les normes minimales regissant les residences. Ces nominations et Ieur autorisation correspondante entreront immediatement en vigueur Iorsque I'Arrete surles normes minimales regissant les residences, qui a ete lu en premiere et en deuxieme lectures par le conseil communal le 18 aout 2008 et en troisieme lecture par titre le 2 septembre 2008, aura ete edicte et approuve par le ministre des Gouvernements Iocaux, et elles demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que Ieur nomination soit revoquee par le conseil communal, selon la premiere eventualite. 12. ATTENDU que le conseil communal de The City of Saint John a edicte certains arretes municipaux en vertu de la Loi surles municipalites, supra, y compris I'Arrete sur les Iocaux dangereux et inesthetiques, et qu'il serait necessaire, de temps a autre, d'entamer des procedures judiciaires a la Cour provinciale du Nouveau - Brunswick, lorsqu'une personne viole les conditions de ces arretes ou neglige de les respecter; ET ATTENDU que le paragraphe 14(1) de la Loi sur la police, supra, prevoit qu'un conseil municipal est habilite a nommer des personnes a titre d'agents charges de 1'execution des arretes municipaux; ET ATTENDU que le paragraphe 190.01(3) de la Loi surles municipalites, supra, prevoit que Iorsqu'une situation mentionnee au paragraphe 190.01(1) ou 190.01(2) existe, un fonctionnaire nomme par un conseil peut aviser le proprietaire ou l'occupant des Iieux, du batiment ou de la construction par avis selon la formule prescrite par reglement; ET ATTENDU que I'article 101 de la Loi surles municipalites, supra, prevoit que les procedures relatives a une infraction a 1'encontre de 1'arrete doivent titre entamees au nom du greffier de la municipalite ou de toute autre personne designee a ces fins par le conseil : POUR CES MOTIFS, IL EST RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient nommes, par les presentes, pour agir en qualite d'agents charges de 1'execution des arretes municipaux visant l'application de I'Arrete surles Iocaux dangereux et inesthetiques. Ces nominations demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que Ieur nomination soit revoquee par le conseil communal, selon la premiere eventualite; IL EST DE PLUS RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, nommes et autorises a emettre les avis necessaires aux proprietaires et aux occupants de Iieux inesthetiques ou de batiments et de constructions 20 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 dangereux pour la securite du public du fait de leur delabrement ou de leur manque de solidite, en vertu de I'Arrete surles locaux dangereux et inesthetiques. Ces nominations et leur autorisation correspondante demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que leur nomination soit revoquee par le conseil communal, selon la premiere eventualite; IL EST DE PLUS RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, nommes et autorises a deposer aupres de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete surles locaux dangereux et inesthetiques. Ces nominations et leur autorisation correspondante demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que leur nomination soit revoquee par le conseil communal, selon la premiere eventualite. 13. ATTENDU QUE le paragraphe 100.2a) de la Loi surles municipalites, supra, prevoit que les infractions prevues au paragraphe 94.2(3) ou 102.1(1.2) ou les infractions relativement a un arrete pris en vertu du paragraphe 94(1) ou (3) ou de I'article 190 sont des infractions prescrites pour ('application de I'article 9 de la Loi sur la procedure applicable aux infractions provinciales (Chapitre P -22.1, L.R.N. -B., 1987) et modifications afferentes; ET ATTENDU QUE I'alinea 100.2b) de la Loi surles municipalites, supra, prevoit que les agents charges de 1'execution des arrets municipaux nommes en vertu de I'article 14 de la Loi sur la Police , supra, et designes par resolution du conseil d'une municipalite sont des personnes autorisees qui peuvent signifier des billets de contravention relativement aux infractions mentionnees a I'alinea 100.2a) de la Loi surles municipalites, supra: POUR CES MOTIFS, IL EST RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, nommes comme des personnes autorisees qui peuvent signifier des billets de contravention relativement aux infractions mentionnees a I'alinea 100.2a) de la Loi surles municipalites, supra. Ces nominations et leur autorisation correspondante demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que leur nomination soit revoquee par le conseil communal, selon la premiere eventualite. 14. ATTENDU QUE le paragraphe 4(1) de I'Arrete surles normes minimales regissant les residences prevoit que le conseil communal peut, pour les fins de I'administration et de ('application de 1'arrete, nommer des agents des inspections charges d'exercer les pouvoirs et les fonctions prevus dans 1'arrete et/ou le Reglement portant approbation du code d'entretien et d'occupation des residences — Loi sur les municipalites et /ou la Loi sur les municipalites, supra: POUR CES MOTIFS, IL EST RESOLU que Rick Armstrong, Darryl Berube, Carl Brandon, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Patrick McCarthy, Mark Slader, David Somerville et Jason Waye, soient, par les presentes, nommes pour agir en qualite d'agents des inspections visant ('application de I'Arrete sur les normes minimales regissant les residences, qui a ete lu en premiere et en deuxieme lectures par le conseil communal le 18 aout 2008 et en troisieme lecture par titre le 2 septembre 2008, edicte et approuve par le ministre des Gouvernements locaux. Ces nominations demeureront en vigueur aussi Iongtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que leur nomination soit revoquee par le conseil communal, selon la premiere eventualite. 21 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 15. ATTENDU QUE le paragraphe 190.022(4) de la Loi surles municipalites, supra, et le paragraphe 27(4) de I'Arrete surles normes minimales regissant les residences, prevoient que si les exigences formulees dans I'avis ont ete satisfaites ou que la creance de la municipalite ou la dette du ministre des Finances, selon le cas, a ete reglee, la municipalite doit, dans les trente jours qui suivent, fournir a la personne a qui un avis avait ete notifie ou a la personne qui est reputee avoir requ notification de I'avis, selon le cas, un certificat a cette fin, en la forme prescrite par reglement qui exige que le sceau de la municipalite y soit appose: POUR CES MOTIFS, IL EST RESOLU que Elizabeth A. Gormley, greffiere communale, soit, par les presentes, autorisee a apposer le sceau de la municipalite de The City of Saint John sur chaque certificat de liberation emis par William Edwards, David G. M. Crawford, Amy Poffenroth ou Pamela Bentley en vertu de I'Arrete surles normes minimales regissant les residences et/ou de I'Arrete sur les locaux dangereux et inesthetiques. Cette autorisation demeurera aussi longtemps qu'Elizabeth A. Gormley sera la 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 I'issue du vote, la proposition est adoptee. 12.5 Pension Plan Disability Statistics On motion of Councillor Mott Seconded by Councillor McGuire RESOLVED that report entitled Pension Plan Disability Statistics report be received for information Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Killen and Farren voting nay. On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that Commissioner of Finance contact Luedey Consultants Inc. to develop a report with comparative figures on pension plan disability statistics. Councillor Court indicated that in his view there is no need to compare disability statistics with other cities. nay. Question being taken, the motion was carried with Councillor Court voting On motion of Councillor Sullivan Seconded by Deputy Mayor Chase RESOLVED that the Commissioner of Finance provide Council with a report outlining the process that would be required to change from the current disability plan to an external carrier. Question being taken, the motion was carried. 12.5 Statistiques relatives aux reclamations d'invalidite du regime de retraite Proposition du conseiller Mott Appuyee par le conseiller McGuire RESOLU que le rapport concernant les statistiques relatives aux reclamations d'invalidite du regime de retraite soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers Killen et Farren votent contre la proposition. 22 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que le commissaire aux finances communique avec Luedey Consultants Inc. afin de produire un rapport contenant des statistiques comparatives sur les statistiques relatives aux reclamations d'invalidite du regime de retraite. Le conseiller Court indique que, selon lui, it West pas necessaire de comparer les statistiques relatives aux reclamations d'invalidite avec les autres villes. A I'issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. Proposition du conseiller Sullivan Appuyee par le maire suppleant Chase RESOLU que le commissaire aux finances fournisse au conseil un rapport detaillant le processus necessaire pour passer du regime d'invalidite actuel a celui d'un emetteur externe. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 City of Saint John Board of Pension Trustees Response to Council Resolution On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the Common Clerk read the letter entitled City of Saint John Board of Pension Trustees Response to Council Resolution in its entirety. Question being taken, the motion was carried with Councillor Farren voting nay. Councillor Farren called a point of order stating that he believed that all items relating to the ongoing pension lawsuit should be referred to the Common Clerk's office until the court case has concluded. The Mayor explained that Council had requested a response from the Board of Pension Trustees and therefore it was valid to proceed with the letter. The Common Clerk read the letter in its entirety. Council asked a legal opinion from the City Solicitor, at which time Mr. Nugent declared a conflict of interest as he is a member of the Pension Board. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Council accept legal advice with respect to the on -going pension lawsuit from the City Solicitor, notwithstanding his declared conflict of interest. Question being taken, the motion was carried with Councillor Farren voting nay. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the letter entitled City of Saint John Board of Pension Trustees Response to Council Resolution be received for information. Councillor Farren indicated that in his opinion an excessive amount of tax dollars are being spent on the lawsuit against former Councillor Ferguson. Question being taken, the motion was carried with Councillor Farren voting nay. 23 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 13. Rapports deposes par les comites 13.1 Reponse presentee au conseil d'administration du regime de retraite de The City of Saint John sur la resolution du conseil Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que la greffiere communale lise dans son integralite la lettre relative a la reponse presentee au conseil d'administration du regime de retraite de The City of Saint John sur la resolution du conseil. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. Le conseiller Farren souleve une objection en indiquant qu'il pense que tous les points concernant la poursuite en cours relative au regime de retraite doivent titre transmis au bureau de la greffiere communale jusqu'a ce que le cas en instance soit clos. Le maire indique que le conseil a demande une reponse de la part du conseil d'administration du regime de retraite et que, par consequent, it est Iegitime de proceder a la lecture de la lettre. La greffiere communale procede a la lecture de la lettre dans son integralite. Le conseil demande I'avis juridique de I'avocat municipal, apres quoi M. Nugent annonce qu'il est en conflit d'interets etant donne qu'il est membre du conseil d'administration du regime de retraite. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le conseil accepte I'avis juridique de I'avocat municipal en ce qui concerne la poursuite en cours relative au regime de retraite, malgre son conflit d'interets declare. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que la lettre relative a la reponse presentee au conseil d'administration du regime de retraite de The City of Saint John sur la resolution du conseil soit acceptee a titre informatif. Le conseiller Farren indique que, selon lui, une part trop importante de I'argent des contribuables est depensee pour la poursuite contre I'ancien conseiller Ferguson. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 13.2 Standing Committee System On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that Council table further information sessions with respect to the Standing Committee system form of governance. Question being taken, the motion was defeated with Mayor Court, Councillors Court, Higgins, Killen, Mott, and Snook voting nay. On motion of Councillor Snook Seconded by Councillor Court RESOLVED that Common Council not proceed with the implementation of the committee system form of governance at this time, and that Council continue with its present system. Councillor Sullivan stated that he is concerned that if Councillor Snook's motion passes then Council will no longer consider implementing the standing committee system. 24 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 Councillor Farren indicated that staff will have wasted a great deal of their time and effort if the current motion passes. Councillor McGuire commented that he thought that Council had previously agreed to allow future information sessions regarding the standing committee system. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors McGuire, Farren and Sullivan voting nay. 13.2. Systeme des comites permanents Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que le conseil prevoit des seances d'information supplementaires relatives au mode de gestion du systeme des comites permanents. A ('issue du vote, la proposition est rejetee. Le maire Court ainsi que les conseillers Court, Higgins, Killen, Mott et Snook votent contre la proposition. Proposition du conseiller Snook Appuyee par le conseiller Court RESOLU que le conseil communal ne procede pas a la mise en place du mode de gestion du systeme des comites des maintenant et que le conseil poursuive avec son systeme actuel. Le conseiller Sullivan indique qu'il s'inquiete a propos du fait que si la proposition du conseiller Snook est adoptee, le conseil ne pourra donc plus envisager de mettre en place le systeme des comites permanents. Le conseiller Farren indique que les employes auront perdu beaucoup de temps et fait de nombreux efforts en vain si la proposition actuelle est adoptee. Le conseiller McGuire indique qu'il pensait que le conseil etait auparavant d'accord sur le fait de prevoir de futures seances d'information relatives au systeme des comites permanents. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers McGuire, Farren et Sullivan votent contre la proposition. 13.3(a)Appeal of PAC Decision — Grant of Variance Respecting 117 Carleton Street 13.3(b)Legal Opinion from City Solicitor 13.3(c) Appeal of PAC Decision On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that Common Council approve up to $6000.00 in legal expenses to represent the Planning Advisory Committee at the appeal board hearing for 117 Carleton Street and that any additional expenditures will require the further authorization of Council. Question being taken, the motion was carried with Councillor Farren voting nay 13.3a) Appel de la decision prise par le CCU — Autorisation d'une derogation relativement au 117, rue Carleton 13.3b) Avis juridique de I'avocat municipal 13.3c) Appel de la decision prise par le CCU Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le conseil approuve un montant maximal de 6 000 $ de frais juridiques afin de representer le Comite consultatif d'urbanisme a I'audience de la Commission d'appel concernant le 117, rue Carleton et que tous les frais supplementaires necessiteront I'autorisation du conseil. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 25 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 14. Consideration of Issues Separated from Consent Agenda 14.1 Request for Grant in the Amount of Municipal Fees for Residential Hospice On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the letter from Hospice requesting a grant equal to the municipal fees be referred to budget deliberations. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Demande visant I'obtention d'une subvention au montant des droits municipaux pour le projet residentiel de I'Hospice Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que la lettre de I'Hospice sollicitant une subvention d'un montant egal aux droits municipaux soit transmise aux fins de deliberations budgetaires. A ('issue du vote, la proposition est adoptee. 14.2 P.U.L.S.E Request for Funding On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the letter from P.U.L.S.E requesting funding for various operating expenses be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that Council extend this meeting beyond 10:00 p.m. Question being taken, the motion was carried. 14.2 Demande de financement de PULSE Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que la lettre de demande de financement de PULSE pour divers frais d'exploitation soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que la seance du conseil soit prolongee au -dela de 22 h. A ('issue du vote, la proposition est adoptee. 14.3 Financial Advisory Services Employee Pension Plan On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that Common Council give direction to the purchasing agent to finalize and release the submitted document entitled Request for Proposal 2008- 092207P Financial Advisory Services -City of Saint John Employee Pension Plan Saint John, NB, with the omission of statement #4 (The City of Saint John recognizes that employees as well as current retirees have been promised, earned and now are entitled to benefits under the current Legislation. The City understands that it is the City's current responsibility) appearing on page 4 of the document. voting nay. Question being taken, the motion was carried with Councillor Farren 26 94- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 17, 2008 /LE 17 NOVEMBRE 2008 14.3 Regime de retraite des employes des services consultatifs financiers Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le conseil communal oriente le commissionnaire d'achat pour achever et communiquer le document soumis concernant la demande de proposition n° 2008- 092207P relative au regime de retraite des employes des services consultatifs financiers de The City of Saint John, moyennant ('omission de 1'enonce n° 4 (The City of Saint John reconnaft que les employes ainsi que les retraites actuels ont requ la promesse, ont merite et ont desormais droit aux avantages en vertu des Iois en vigueur. La Ville comprend que ceci fait partie de ses responsabilites) present a la page 4 du document. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 10:15 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 22 h 15. Mayor /maire Common Clerk/greffiere communal 27 9fiRi S gpu, 901 Poster Thurston Drive Saint John, NR B2K 5139 Phone (506) 634-1440 Email noahsark@rogers.com www.cherrybrookzoo.com I*A Milo JWn! �?,,Vrf VanzAied zlwlm Pomfi BOARD OF TRUSTEES. Chairman, Lynn Smith Vice Chair, Sam Shaw Past Chair, Dr. John Mackay Dr. Stephen Justason, DVM Alice ONeiH Mac Truenzan Theresa Mullin Dr. Edward Walter Dr. Rachel Morehouse Brian D. Munro James (Rory) Grant Guy Barbara Protecting Our Future His Worship Mayor Ivan Court And Members of Common Council City of Saint John PO Box 1971 Saint John, NB E21- 4V1 November 27, 2008 Dear Mayor Court and Members of Common Council, In September, Cherry Brook Zoo submitted a 2009 budget request to the Cit that was referred to budget deliberations at Council's meeting of October 14� In recent weeks, the citizens of Saint John through Ward meetings and letters have conveyed strong support for their Zoo and their desire to see the City provide financial support of this community asset. The Zoo's Board of Trustees, together with its Directors, believe that a presentation to Council at this time will facilitate a clearer understanding of the Zoo's business case for such financial support as well as clarify any issues that may have arisen as you reviewed our budget submission. We would request the opportunity to appear before Mayor and Council to discuss the future of the Cherry Brook Zoo and answer questions with respect to our request for ongoing financial support. Sincerely, Lynn Smith, Chair On behalf of Board of Trustees: Guy Barbara, Rick Demone, James Grant, Dr. Stephen Justason, Dr. John McKay, Dr. Rachael Morehouse, Brian Munro, Terry Mullin, Alice O'Neill, Dr. Ed Walter, Sam Shaw, Mac Trueman. Lynda Collrin, Director Zoo Development �, - Ceonard Collrin, Chief Administrai;iv-e �Director (xi Noll 11 & I, k C1 t'a ii m W e Orgau i"""ai November 26, 2008 EMERM To his Worship the Mayor and Councillors. At the November 24, 2008 meeting of Common Council under item 5.4 Mr. Percy Wilbur offered to purchase Tucker Park. I do not know why he mentioned the assessment value of this Municipal Park being $48,000. The purchase price would certainly change considerably should it become a 12 ha Development site with $500,000 plus homes. The reason Mr. Wilbur says he wants to do away with 'Tucker Park is that some families residing several kin away are afraid that their children, under the age of seven, would walk that distance along a street with no sidewalks to the Park and play unsupervised with condoms, and step on syringes. I do not know if, at what time of day and how often Mr. Wilbur and some 'local families' visit the Park and see these things laying around everywhere. I also live close by and enjoy the tranquility of the Park quite frequently, and I still have to find condoms, syringes and/or drug paraphernalia lying around everywhere. I visit the Park in daytime and generally meet one or several other visitors, none of whom to date have acted as if he or she would have been drugged. We often talk to each other. It might be different at night, but I doubt that prostitutes or junkies would want to drive from downtown all the way to Tucker Park. I have no expertise in these matters but I assume that Mr. Wilbur refers to night time activities and that, concerning children tinder the age of seven, these would probably be in front of a or in bed at this time of day. There are two places in the Park close to the river where on some weekends in summer camp -fires are being lit, and where on occasion one might find an empty beer bottle left behind. I can imagine that such gatherings will be at times noisy, but the next dwelling is Ken. Irving's, which is a save distance away. This also happens occasionally in the street where I live. It should be mentioned that these fire pits are in the open to prevent forest fires, which indicates that these nightly revellers show some degree of responsibility versus the environment. How they drive home is a matter for the police to observe. My children, when they were between 10 and 12 years old would, when the weather was right, meet with other kids at the Tucker Park beach, and it was save to let them go because in the summer months in those years there was a mobile Live Guard Station located right opposite the beach, and often these guards conducted games in and out of the water with the kids—As my children grew older they would practically live at the Yacht Club, but they were replaced in the Park by other children less interested in sailing and more in being in the pseudo wilderness of the Park. And when they were some older 29 2 again there would be nightly parties in Tucker Park. This shows that for those children (and growing-tips!) using the Park was an essential part of their lives in summer and fall. Where would they go if $500,000 plus homes are located along the river and all over the Park? Mr. Wilbur wants to build a small park when Tucker Park does not exist any more. No parties and no noise would be allowed; the close-by $500,000 plus neighbours would call the police before the kids would even have had a chance to settle down. It would be all on the up and up, with a standard playground, a change house with toilets, (where a few portable toilettes, would probably do for the few summer months), and parking. Did nobody notice that a Parking Area already exists? But will there be Live Guards in summer, which would be essential to have kids go there and be safe? Who would pay for them and for the up-keep of the facilities? The City did not provideLife Guards for this beach now for many years but municipal personnel keeps the Park tidy. With the City's finances in dire straits, would the Wilbur Development pay for the maintenance of this new park, would non-resident citizens be welcomed there, would it cost to use the beach? Keep one of the few parks in the City with a beach in existence and keep it easily accessible to all residents by leaving the present Tucker Park Road in place. Tucker Park is the only public beach on the Keruiebecasis River within the City. But whereas families might be able to watch their children when in the water, it would be a real improvement for those citizens who work and can not take their children to the beach if they could let them go to the beach alone or in groups because there are again Life Guards present. It would be interesting to know how and when Tucker Park was created. Its odd shape suggests that it was purchased or donated in one or two pieces, probably for the special purpose of having a park in perpetuity, one which should never be dismantled so that one person can make a profit and many less affluent persons and families suffer a loss. Another aspect of the Park should be taken into consideration: with the projected increase in air pollution by the 'Energy Hub' projects in Saint John and whereas the Park is presently improving the air quality by acting as a CO2 sponge, that this effect would be cancelled out when the forest is destroyed and replaced with $500,000 plus houses, resulting in a serious decrease in the already poor air quality of the Saint John air shed. For all the above reasons please tell Mr. Wilbur to look elsewhere to build these big houses for which in the foreseeable future no market exists, anyway, and let the rest of us citizens of Saint John enjoy for many years to come the uniqueness of Tucker Park. (H.Sauerteig) :92 M& C —2008 -356 November 28, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Results of Proposal Call — Vacant Land — 1581 & 1601 Sandy Point Road BACKGROUND: At its meeting on September 29, 2008 Common Council received and filed M &C 2008 -293 regarding proposal calls for a number of parcels of land identified by Staff that could be deemed surplus and sold as serviced building lots. Staff s intent was to seek development proposals for three sites along Sandy Point Road, and report back to Common Council when appropriate. Two of these three sites are a 1,530 square metre portion and a 1,613 square metre portion of PID 55059026, located between the Rockwood Golf Course maintenance shed and the Cherry Brook Zoo, referenced as Lot 08 -3 and Lot 08 -4 on attached Plan "A ". The sites can be connected to existing City water and sanitary sewer services in Sandy Point Road. They are zoned "R -IA" One Family Residential and could be sold as individual building lots after being sub - divided from their parent parcel. The lots may require some additional fill as part of their development. Staff has called for proposals on these sites per the attached Proposal Call document and has not received any offers that meet the criteria set out in the proposal call. However, Staff has received a land trade proposal from one of the neighbours. A copy of this proposal is attached hereto. If approved, this proposed land swap would be considered by Common Council independently from the sale of Lot 08 -5 to this neighbour that was approved by Common Council at its meeting on November 10, 2008. KE Report to Common Council November 28, 2008 ANALYSIS: Page 2 The offered proposal is to exchange City Lots 08 -3 and 08 -4 totalling 3,143 square metres for a 5,702 +/- square metre back portion of the neighbour's property. There would be no monetary component to this exchange of lands. The neighbour also requests that the City lots be conveyed with no development caveats attached, as the neighbour would not want to be tied into a development schedule. The City land is good residential land that could be deemed surplus and sold by the City. The neighbour's back lands are of questionable development potential, and their only perceived value to the City would be as conservation lands adjacent to Rockwood Park. Leisure Services do not require the neighbour's back lands but would accept ownership of them if the exchange was to be of equal value. Although no offers were received that met the criteria of the Proposal Call, Staff believes that if these two lots were created and placed for sale with appropriate signage, they could each generate significantly more monetary value than the value of the back lands, which the neighbour is offering in exchange. Real Estate Services suggest that many potential buyers may not have seen the advertised Proposal Call, and that given the large number of vehicles that travel this road on a daily basis, significantly greater interest could be generated by placing "For Sale" signs on the lots. This marketing effort could be done "in- house" by Real Estate Services with little cost to the City. Considering that The City of Saint John sold two similar sized lots at civic 1371 and 1375 Sandy Point Road together in 2007 for $35,000.00, it is Staffs opinion that an appropriate list price for each of these two lots should be $23,000.00 (+ HST if applicable). In addition to the sale price, these lots would also be subject to the required "Lot Levy" of $4,428.00 + HST. RECOMMENDATION: That the land exchange proposal from Eileen and Donald Cusack dated October 28, 2008 and November 19, 2008 be rejected by The City of Saint John. 2. That the City of Saint John subdivide and place for sale the freehold title in two portions of PID Number 55059026, identified on the attached Plan "A" as Lot 08 -3 and Lot 08 -4, each at a list price of $23,000.00 (plus HST, if applicable). 32 Report to Common Council Page 3 November 28, 2008 3. That any sale of the above noted Lot 08 -3 and Lot 08 -4 be subject to the following terms and conditions: a. full payment due upon transfer of title, which will be within 60 days of the Common Council meeting, at which the offer is accepted. Failure on the part of the purchaser to complete the transaction will result in a forfeiture of any deposit; b. within 30 days of Common Council's acceptance of any offer, the purchaser may examine the title at his own expense. If within that time any valid objection is made in writing by the purchaser, which the City is unable or unwilling to remove and the purchaser is unwilling to waive, the deposit would be returned; C. it be the purchaser's responsibility to check the location of all municipal and public utility services. The installation of water and sewerage laterals from the existing main services in the street to the proposed house to be constricted on each property, and driveway culverts from the street to each property shall be responsibility of the purchaser; d. the City shall reserve the right to reacquire the property (ies) for the sale price (and no additional amount) if development of the lot has not commenced within 12 months of title transfer. (Commencement of development meaning: the excavation of a foundation, setting and pouring of footings and foundation walls and the issuance of a building permit for a single family dwelling unit); e. the purchaser pay in addition to normal adjustments, a "Lot Levy" of $4,428.00 plus H.S.T. (if applicable), in addition to the stated purchase price, at closing of the transaction. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development PW:PNN Attachments 33 Terrence Totten, F.C.A. City Manager �� • f •'f Ifff L ti .r ff f, KEY - PLAN ff • ffffff ff fffl Rockwood Park Goff Maintenance Shed \ �f Description of Plan: General Area Plan - -- Lot 08 -3 and Lot 08 -4 N PID: 55059026 (portion) Address: 1581 & 1601 Sandy Point Road A Pan: N/A Date: November 25, 2008 34 PLAN "A" Description of Plan: Lot 08 -3 and Lot 08 -4 N PID: 55059026 (portion) Address: 1581 & 1601 Sandy Point Road Pan: N/A Cate: November 25, 2008 35 PROPOSAL CALL Civic #1581 and #1601 Sandy Point Road (Vacant Lots) SAINT JOHN New Brunswick Sponsored by: The City of Saint John Real Estate Services cm TABLE OF CONTENTS VISION SUBJECT SITE BACKGROUND PURPOSE OF PROPOSAL CALL INSTRUCTIONS TO PROPONENTS SERVICES NEIGHBOURHOOD • The City of Saint John • Sandy Point Road Area • Neighbourhood Features APPENDIX I APPENDIX II 2 2- N 2 2, 3, 4 4 4, 5, 6 Form of Proposal Sale and Development of Land SUBDIVISION PLAN (Pending Approval) 37 VISION The City of Saint John envisions the two available parcels to accommodate mid to upscale, single family residential dwellings. Quality suburban housing proximate to a variety of valued amenities positions the lots as excellent opportunities in the Rockwood Park area. SUBJECT SITE The two lots front on Sandy Point Road and back onto the Rockwood Park Golf Course, in the vicinity of Cranberry Hill. The City of Saint John holds the fee simple interest in these lots at civic #1581 and #1601 Sandy Point Road, also identified as being "to be subdivided" portions of PID Number 55059026 (see Appendix 11). The size of these lots significantly exceeds the minimum standards of the City's Zoning By -law for this area. In order to make either of these lots ready for development, additional fill may be necessary. BACKGROUND Improvements to the water and sewer services along Sandy Point Road have created an opportunity to develop lands in the vicinity. It is widely recognized that development opportunities in this area are at a premium. The City hopes to capitalize on its infrastructure investment in the development of these three lots. The zoning is currently "R -1A" One Family Residential, which allows: one family dwellings, a kindergarten, nursery or day care as a secondary use; a group home or a home occupation, subject to Section 810 of the Zoning By -law. PURPOSE OF PROPOSAL CALL The purpose of this Proposal Call is to initiate the development of one or both of these lots. The guidelines are set out in the following section. INSTRUCTIONS TO PROPONENTS 1. The Proposal Call pertains only to the land owned by The City of Saint John, identified as Lot #08 -3 and Lot #08-4, as shown on the Tentative Plan of Subdivision (see Appendix 11 ). 2. The highest of any bid /proposal will not necessarily be accepted. The City reserves the right to refrain from selling any of the two lots, if for any reason the bids are unacceptable. 3. Bids may be submitted for either one or both of the two lots described in this Proposal Call. Civic #1581 and #1601 Sandy Point Road Proposal Call 2 IN 4. Full payment is due upon transfer of title, which will be within 60 days of the public Common Council meeting, at which the proposal was accepted. Failure on the part of the successful bidder to complete the transaction will result in a forfeiture of the deposit. 5. Within 30 days of the acceptance of the proposal by Common Council, the successful bidder(s) (hereinafter referred to as the "purchaser ") may examine the title at his own expense. If within that time any valid objection is made in writing by the purchaser, which the City is unable or unwilling to remove and the purchaser is unwilling to waive, the deposit will be returned. 6. It is the purchaser's responsibility to check the location of all municipal and public utility services. The installation of water and sewerage laterals or driveway culverts shall be responsibility of the purchaser. 7. The City's objective for selling this property is to generate new tax revenues for the City of Saint John. On the form provided (Appendix 1), please outline the proposed use /development for the subject property, anticipated start and completion dates for the proposed development as well as the estimated construction cost. Failure to provide this information will result in the rejection of the proposal. 8. Development of the property must be in accordance with all City by -laws and regulations. 9. The City reserves the right to reacquire the property(ies) for the sale price (and no additional amount) if development has not commenced within 12 months of title transfer. (Commencement of development meaning: the excavation of a foundation, setting and pouring of footings and foundation walls and the issuance of a building permit for a dwelling unit). 10. All land to be sold "as is - where is ". 11. Unsuccessful bidders will have their deposits refunded after the results are reported to Common Council. 12. Questions may be addressed to Curtis Langille or Paul Wilson, at (506) 658- 2835. 13. Sealed proposals clearly marked "Proposal Call: 1581 to 1621 Sandy Point Road" will be received until 4:30 p.m. Friday, 213t of November, 2008. 14. Submissions are to be mailed or hand delivered in a sealed envelope and marked on the outside generally as follows: Civic #1581 and #1601 Sandy Point Road Proposal Call 3 KE Address to the attention of: Ken Forrest, MCIP, RPP Commissioner Planning and Development The City of Saint John 10th Floor, City Hall 15 Market Square, Saint John, N.B. E21- 41-1 16. Faxed Proposals will not be accepted. SERVICES Sandy Point Road There are existing water and sanitary sewer services along Sandy Point Road. Surface water runoff is funneled via ditches and there are no sidewalks. However, should new development occur along Sandy Point Road, concrete curbing and sidewalks or money in lieu of would be required. Power, telephone and cable are serviced overhead. As part of the reconstruction project for Sandy Point Road, the City invested significant capital by including new municipal services. The cost recovery of this added expense is to be partially accounted for by introducing a "Lot Levy" that will require the developer /property owner to pay to the City, $4,428.00 plus H.S.T. per lot along this stretch of Sandy Point Road. The levy cost mentioned above is separate from the accepted bid for one or both of these parcels. This levy will be required to be paid to the City, prior to subdivision approval by the Development Officer for the creation of the lots. NEIGHBOURHOOD (A) The City of Saint John The City of Saint John is located on the north eastern section of the Atlantic Seaboard at the mouth of the Bay of Fundy. Saint John is New Brunswick's largest city with a population of 75,000 (greater population of 125,000). Geographically, Saint John is Canada's second largest city. Population wise, Saint John is Canada's 24th largest metropolitan centre. The City is driven by an economy in transition. The major economic sectors influencing the economy of Saint John are industry (specifically the energy sector), manufacturing, health care, education, financial services, telecommunications, transportation and tourism. Recent development announcements involving a potential second oil refinery, including manufacturing spinoffs from this project will undoubtedly increase demands on housing starts for the City and outlying communities. Civic #1581 and #1601 Sandy Point Road Proposal Call 4 40 (B) Sandy Point Road Area In 2004, the City undertook a significant water and sewer expansion project that extended the municipal services from the eastern end of Kennebecasis Drive onto Sandy Point Road extending westward to the intersection with University Avenue. This project also included the reconstruction and realignment of a significant portion of Sandy Point Road. The results of this project are two -fold; (1) low water pressure in the Kennebecasis Drive area has been improved, and (2) municipal services have been extended to an area that was previously unserviced land. In addition to it's proximity to Rockwood Park, the site is less than one (1) kilometre from the entrance to the University of New Brunswick (Saint John) and the Saint John Regional Hospital. The close proximity to these facilities creates a very attractive parcel of land for a high quality residential subdivision. There has been significant growth of new home construction in the Millidgeville area involving a variety of residential styles; one and two family dwellings, townhouse units and apartment buildings. Areas where this growth is focused includes: Cambridge Estates off Boars Head Road, Anchorage Estates (a new phase of Cedar Point Estates), Brigadoon Terrace off Kennebecasis Drive, and Fieldstone Estates (new 68 -lot subdivision at the end of Sandy Point Road near the intersection with Kennebecasis Drive). This last subdivision occurred in part to the new municipal services that were recently installed for this area. Another area somewhat further removed from Sandy Point Road is the Drury Cove development, where there will be a significant number of higher -end residential homes over a number of phases. The aforementioned developments include medium to upper -end quality housing, which are considered highly desirable areas of the City. These new developments illustrate the demand for growth in this area, due in large part to the variety of infrastructure amenities available. (C) Neighbourhood Features Schools: Elementary: Hazen White - St. Francis School — 5 minute drive M. Gerald Teed School — 5 minute drive Junior High: Millidgeville North School (grades 1 -8) (French Emersion) — 5 Minute drive Senior High: Harbour View High, Saint John High, St. Malachy's High —10 minute drive University: UNBSJ -- 10 minute walk French Language: Samuel De Champlain School —10 minute drive Civic #1581 and #1601 Sandy Point Road Proposal Call 5 41 Recreation: Walking distance: Rockwood Park (2,000 acres), including its Golf Course, public swimming and trail system and Cherry Brook Zoo. Short Drive: soccer field and outdoor track & field facility at UNBSJ Within City: Two yacht clubs and a power boat club; a 600 acre nature park in West Saint John and an aquatic centre in the City's Uptown area. Numerous public parks and recreational venues. Civic #1581 and #1601 Sandy Point Road Proposal Call 6 42 APPENDIX I FORM OF PROPOSAL SALE AND DEVELOPMENT OF LAND I/We acknowledge and agree that the purchase and sale of land arising from this submission is subject to the terms and conditions stated in this proposal and as noted on the property listing sheet. ]/We hereby offer the amount of $ + HST (if applicable) for the vacant lot, identified as Lot #08 -3 Wor Lot #08-4. „ (circle lot(s) # offer is applicable to) identified as being a portion of PID number 55059026 and as generally shown on the attached plan. INVe acknowledge this offer does not include any lot levy. A certified cheque made payable to the City of Saint John, in the amount of 5% of the bid price is enclosed with this submission. INVe propose to useldevelop the subject land as follows: . Construction as proposed above shall commence on or before: COMPANY /INDIVIDUAL: ADDRESS: NAME (PRINT): SIGNATURE: TEL. NO.: FAX NO.: DATE: BID DEPOSIT ENCLOSED 5 °10 OF BID PRICE: 43 • APPENDIX 11 44 October 28,2008 1641 Sandy Point Rd. 4A r ED Saint John, NB E2K 5E8 . OCT 29 2 Planning and Development The City of Saint John, 10 th Floor, City Hall 16 Market Square, Saint John, NB � E21.41.1 ' RE: Land Trade Proposal at 1641 Sandy Point Rd, Dear Mr. Paul Wilson: City Real Estate Officer As a follow up to the meeting we had with you, and Donald and Eileen Cusack on October 24 & 28, 2008, and Councilor Ivan Court previous to that, we submit the following plan showing our - proposal for a trade of lands from Cusack owned property at 1641 Sandy Point Rd. in exchange for City owned parcels #1581 & #1601 (which are currently up for tender Telegraph Journal Oct 21, 2008 closing November 21, 2008) which run along Sandy Point Road to the south of #1641. The general idea is to trade approximately 61,380 sq ft from the back portion of Cusack's #1641 to the City in exchange for the two parcels (16740 sq ft & 17,362 sq ft.) as shown in the plan_ Please let us know if you are interested in this trade proposal. The trading of the lands was first instigated by the City in order to preserve the Parkland contiguous to Rockwood Park or for future development in other areas of the park as suggested by Mr. Baird. We would prefer a trade to extensive drainage work to be done to the land. We in no way want this to detract from the bid we currently have submitted on October 28 2008 We can be reached at the above address or by telephone at (506) 636 -9102. We look forward to hearing from you. Sincerely, Donald & Eileen Cusack Owners of 1641 Sandy Point Rd. Attachment (1) 45 APPENDIX II 46 November 19, 2008 1641 Sandy Point Rd. Saint John, NB E2K 5E8 Planning and Development The City of Saint John, 10 th Floor, City Hall 16 Market Square, Saint John, NB E21- 4L1 RE: Land Trade Proposal at 1641 Sandy Point Rd. UPDATE Dear Mr. Paul Wilson: City Real Estate Officer As a follow up to the letter we had sent you on October 28, 2008, regarding our proposal for a trade of lands from Cusack owned property at 1641 Sandy Point Rd. in exchange for City owned parcels #1581 & #1601 (which are currently up for tender Telegraph Journal Oct 21, 2008 closing November 21, 2008) which run along Sandy Point Road to the south of #1641, we would like to add that NO DEVELOPMENT CAVEATS be attached to the trade. This is because the market for real estate is in flux, and we would not want to be tied into a development schedule. We can be reached at the above address or by telephone at (506) 636 -9102. We look forward to hearing from you. Sincerely, �� 'd . Donald &Eileen Cusack Owners of 1641 Sandy Point Rd. 47 NOV 21 ?,303 M& C —2008 -354 November 28, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition Thorne Ave Lift Station #4 Project— Easement through lands of Enbridge Gas New Brunswick Inc. BACKGROUND: On September 26, 2006 Common Council accepted fiinding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the fiunding. On March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements. On April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station 44, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Subsequent land survey work and value appraisal work has been largely finalized. Pursuant to Common Council's April 14, 2008 resolution, negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff has successfi lly reached an agreement with Enbridge Gas N.B. Inc. for the City's easement requirement through PID 55152094, subject to Common Council's approval. A copy of this agreement is attached hereto, together with a copy of the design plan and the proposed Plan of Survey. The negotiated price falls within the resolution adopted by Common Council on April 14, 2008. The market value of the easement requirement was determined to be $12,018.00 by David Babineau A.A.C.L, of deStetcher Appraisals Ltd.. The negotiated price is $15,023.00, being 125% of the appraised value. 48 Report to Common Council November 28, 2008 Page 2 This is the third negotiated easement for this project that has been brought to Common Council for its consideration and approval. Staff is optimistic that negotiations with six of the other affected land owners can be successfully concluded in the next few weeks, and can then be brought forward for Common Council's consideration. Negotiations with all of the other affected land owners continue. RECOMMENDATION: That The City of Saint John accept the offer from Enbridge Gas N.B. Inc. attached to M &C 2008 -354 to acquire a municipal services easement through lands designated PID 55152094 for the sum of $15,023.00 upon the terms and conditions contained in the said offer; and 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PNV P 49 ` § ■ ■ | |!� � � k ! ! ;R; 50 2` |I : _ A _ , ■ ; §� � , | ■ |� 2 � ; § - � 50 2` O 9 G S U zzzzz W Y E k °CO_� nYO N u 2 S n vry _ c = ° ' °: •"p E,; N rEm '°'cns ommmmm O- a y 'p. om c c 2 -w 7 u uiiizz o m aoi $moo a > r n 'mow a o' 0 8 °° °u° = Q y'� c O I x 4 u LL E %m ° ni WZ wa an _m°rvn @ c O - ^N7�< 5g °� °e �ennm�cNinn 8 WU7 p Cm`a oPN of G o _ o $^ C :�z'� 3 W. m n£' "z Ez �� °°moo �N_N E N L OCO >° x p E a O' O W N n $ •o ° w 9 b°" .% °o _o ° -° ounLc' 040 4� } #Z�[Oi tZ z zn9E `, g.o '— a �$ $° ��;� Sa «m �$ T� m c �� ° 6 cIsN 3� 'E 'o € " °z °`y" c�° ° fi r - �v� x`0-0 E. cc $ wg �W �vi m u Q Uo7•Cti� 7. o U m u "N$ O Z xz ry � o 0 a s N ........ V C d N g i VI i°5 ° C o °gyS 8`E e � e n ° OL� w d 0 8a j° u 219 Z m V 4-- rn _ x T '.c°amv a g8 a = a m n $' zv 5 �nnn g�mmm pU ry z h dnp z s CLL cn S \ \ n I \ z lil E z! 1 1 a °o Wm LE \ °��o r \ I I o° $a° a ✓a r' I 3 %aG`G� l - 71" [ € a N „ z m e \ o c m o, m G\ N 004 + V7 _I a 00 sc.; z a d m en * s. m a c ry o J V)q)��n Ena�p °np W \ \ S�oBo \ Z -G y � d s� o JJu Vw°nq -rowvVj nP Prt+ �^a4^„J ESN � ..1 � _ m e VWN VI+J "'„B .elf l ii � y N W cn �axrca�ii Yc�ni °��n .. ins min `e 0} "j0 raj tlf � p _ 4• n P4 - r � 51 M &C- 2008 -355 November 28, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Results of Proposal Call — Vacant Land — 1345 Sandy Point Rd BACKGROUND: At its meeting on September 29, 2008 Common Council received and filed M &C 2008 -293 regarding proposal calls for a number of parcels of land identified by Staff that could be deemed surplus and sold as serviced building lots. Staff s intent was to seek development proposals for three sites along Sandy Point Road, and report back to Common Council when appropriate. One of these three sites is a 2,763 square metre portion of PID 4 00052548 located between the Rockwood Park Golf Course clubhouse and the Rockwood Golf Course maintenance shed and is referenced as Lot 08 -1 on attached Plan «A» The site can be connected to existing City water and sanitary sewer services beneath Sandy Point Road. It is zoned "R -IA" One Family Residential and can be sold as an individual building lot after it has been sub - divided from its parent parcel. It does require significant fill as part of its development. Staff has called for proposals on this site per the attached Proposal Call document and has received one offer that meets the criteria set out in the proposal call. 52 Report to Common Council November 28, 2008 ANALYSIS: Page 2 The offered price is $20,001.00. The development will consist of a +/- 2,500 sq ft single residential house. Constriction will commence in March 2009 for completion before fall of 2009. The foreseen investment will be between $300,000.00 and $400,000.00. The purchaser will also pay a Lot Levy of $4,428.00 + HST to the City, separate from the purchase price, prior to subdivision approval by the Development Officer for the creation of the lot. The City will, at its expense, engage land surveyors to prepare the subdivision plan for approval. Considering the City of Saint John sold two similar sized lots at civic 1371 and 1375 Sandy Point Road together in 2007 for $35,000.00, and that they required significantly less fill than the subject lot, it is Staffs opinion that the offered price of $20,001 represents fair market value for the subject Lot 08 -1 (1345 Sandy Point Road). RECOMMENDATION: That The City of Saint John subdivide and sell the freehold title in a portion of PID Number 00052548, identified on the attached Tentative Subdivision Plan as Lot 408 -1 to Wilson Xu for $20,001.00 (plus HST, if applicable). 2. That the above noted transaction shall be subject to the following terms and conditions: a. full payment is due upon transfer of title, which will be within 60 days of the Common Council meeting, at which the proposal is accepted. Failure on the part of the successful bidder to complete the transaction will result in a forfeiture of the deposit; b. within 30 days of the acceptance of the proposal by Common Council, the successfid bidder (hereinafter referred to as the "purchaser ") may examine the title at his own expense. If within that time any valid objection is made in writing by the purchaser, which the City is unable or unwilling to remove and the purchaser is unwilling to waive, the deposit will be returned; C. it is the purchaser's responsibility to check the location of all municipal and public utility services. The installation of water and sewerage laterals from the existing main services in the street to the proposed house, and driveway culverts from the street to the property shall be responsibility of the purchaser; 53 Report to Common Council November 28, 2008 Page 3 d. the City shall reserve the right to reacquire the property for the sale price (and no additional amount) if development of the lot has not commenced within 12 months of title transfer. (Commencement of development meaning: the excavation of a foundation, setting and pouring of footings and foundation walls and the issuance of a building permit for a single family dwelling unit); and e. that the purchaser of the above specified lot pay in addition to normal adjustments, a "Lot Levy" of $4,428.00 plus H.S.T. (if applicable), which is in addition to the stated purchase price, at closing. 3. That the Mayor and Common Cleric be authorized to sign any necessary documents required to finalize this transaction. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PW:PNN Attachments 54 KEY -'PLAN Lo# 08 -1 '••`• Packwood Park Golf Maintenance / \ Shed Description of Plan: General Area Plan Lot 08 -1 N PID: 00053548 (portion) Address: 1345 Sandy Point Road Pan: N/A Date: November 25, 2008 55 PLAN «A„ Description of Plan: Lot 08 -1 N PID: 00053548 (portion) Address: 1345 Sandy Point Road h Pan: N/A Date: November 25, 2008 A 56 APPENDIX I FORM OF PROPOSAL SALE AND DEVELOPMENT OF LAND INVe acknowledge and agree that the purchase and sale of land arising from this submission is subject to the terms and conditions stated in this proposal and as noted d ioG1.ao on the property listing sheet. Me hereby offer the amount of $ + HST (if applicable) for the vacant lot, identified as Lot #08 -4, being a portion of PID number 00052548 and as generally shown on the attached plan. Me acknowledge this offer does not include any lot levy. A certified cheque made payable to the City of Saint John, in the amount of 5% of the bid price is enclosed with this submission. IMIe propose to /use /develop the subject land as follows: -< ;,q t o fc S r, I:ql Q , 1 W;11 S40, Go M s K4,ior -Fx&k t.11 b t 8 0 9 d. A.. I A..W . - - - t, . Construction as proposed above shall commence on art: oLe�a 3 Sszb C Ctto 57 j a z 5 s CANADIAN DOLLAR MONEY ORDER a Scotia ba nk n (FOR USE IN CANADA AND INTERNATIONALLY) SAINT JOHN NBN121LA�jfiBRANCH PAY TO ORDER OF C sh 6 t 5,06 SUM OF NOT TO EXCEED ONE THOUSAND CANADIAN DOLLARS TO: ANY BRANCH OF SIGNATURE OF SENDER THE BANK OF NOVA SCOTIA ADDRESS OF SENDER 00 9 3 7 9 Leila 1: 38 5 6 2-100 21: 0000 I'll 40 58 093794 r /o DATE The Bank of Nova Scotia DOLLARS AP V_VPa ief Financial Offi r f AP ERSIGNED r,0001,11, ti PROPOSAL CALL Civic #1345 Sandy Point Road (Vacant Lot) SAINT JOHN New Brunswick Sponsored by: The City of Saint John Real Estate Services 59 y � TABLE OF CONTENTS VISION SUBJECT SITE BACKGROUND PURPOSE OF PROPOSAL CALL INSTRUCTIONS TO PROPONENTS SERVICES NEIGHBOURHOOD • The City of Saint John • Sandy Point Road Area • Neighbourhood Features APPENDIX 1 APPENDIX Il E 2, 3, 4 4 4,5 Form of Proposal Sale and Development of Land SUBDIVISION PLAN (Pending Approval) .� M 4 . VISION The City of Saint John envisions the available parcel to accommodate a mid to upscale, single family residential dwelling. Quality suburban housing proximate to a variety of valued amenities positions the site as an exceptional opportunity in the Rockwood Park area. SUBJECT SITE The lot fronts on Sandy Point Road and backs onto the Rockwood Park Golf Course, in the vicinity of Cranberry Hill. The City of Saint John holds the fee simple interest in this property at #1345 Sandy Point Road, also identified as being a "to be subdivided" portion of PID Number 00052548 (see Appendix II). The size of this lot significantly exceeds the minimum standards of the City's Zoning By -law for this area. In order to make this lot ready for development, additional fill will be necessary. BACKGROUND Improvements to the water and sewer services along Sandy Point Road have created an opportunity to develop lands in the vicinity. It is widely recognized that development opportunities in this area are at a premium. The City hopes to capitalize on its infrastructure investment in the development of this lot. The zoning is currently "R -1A" One Family Residential, which allows: one family dwellings, a kindergarten, nursery or day care as a secondary use; a group home or a home occupation, subject to Section 810 of the Zoning By -law. PURPOSE OF PROPOSAL CALL The purpose of this Proposal Call is to initiate the development this lot. The guidelines are set out in the following section. INSTRUCTIONS TO PROPONENTS 1. The Proposal Call pertains only to the land owned by The City of Saint John, identified as Lot #08 -1, as shown on the Tentative Plan of Subdivision (see attached). 2. The highest of any bid /proposal will not necessarily be accepted. The City reserves the right to refrain from selling the above noted property, if for any reason the bids are unacceptable. 3. Full payment is due upon transfer of title, which will be within 60 days of the public Common Council meeting, at which the proposal was accepted. Failure on the part of the successful bidder to complete the transaction will result in a forfeiture of the deposit. Civic #1345 Sandy Point Road Proposal Call 2 M 4. Within 30 days of the acceptance of the proposal by Common Council, the successful bidder (hereinafter referred to as the "purchaser") may examine the title at his own expense. If within that time any valid objection is made in writing by the purchaser, which the City is unable or unwilling to remove and the purchaser is unwilling to waive, the deposit will be returned. 5. It is the purchaser's responsibility to check the location of all municipal and public utility services. The installation of water and sewerage laterals or driveway culverts shall be responsibility of the purchaser. 6. The City's objective for selling this property is to generate new tax revenues for the City of Saint John. On the form provided (Appendix 1), please outline the proposed use /development for the subject property, anticipated start and completion dates for the proposed development as well as the estimated construction cost. Failure to provide this information will result in the rejection of the proposal. 7. Development of the property must be in accordance with all City by -laws and regulations. 8. The City reserves the right to reacquire the property(ies) for the sale price (and no additional amount) if development has not commenced within 12 months of title transfer. (Commencement of development meaning: the excavation of a foundation, setting and pouring of footings and foundation walls and the issuance of a building permit for a dwelling unit). 9. All land to be sold "as is - where is ". 10. Unsuccessful bidders will have their deposits refunded after the results are reported to Common Council. 11. Questions may be addressed to Curtis Langille or Paul Wilson, at (506) 658- 2835. 12. Sealed proposals clearly marked "Proposal Call: 1345 Sandy Point Road" will be received until 4:30 p.m. Friday, 21St of November, 2008. 13. Submissions are to be mailed or hand delivered in a sealed envelope and marked on the outside generally as follows: Address to the attention of: Ken Forrest, MCIP, RPP Commissioner Planning and Development The City of Saint John 10th Floor, City Hall 15 Market Square, Saint John, N.B. E2L 4L1 Civic #1345 Sandy Point Road Proposal Call 3 62 14. Faxed Proposals will not be accepted. SERVICES Sandy Point Road There are existing water and sanitary sewer services along Sandy Point Road. Surface water runoff is funneled via ditches and there are no sidewalks. However, should new development occur along Sandy Point Road, concrete curbing and sidewalks or money in lieu of would be required. Power, telephone and cable are serviced overhead. As part of the reconstruction project for Sandy Point Road, the City invested significant capital by including new municipal services. The cost recovery of this added expense is to be partially accounted for by introducing a "Lot Levy" that will require the developer /property owner to pay to the City, $4,428.00 plus H.S.T. per lot along this stretch of Sandy Point Road. The levy cost mentioned above is separate from the accepted bid for this parcel. This levy will be required to be paid to the City, prior to subdivision approval by the Development Officer for the creation of the lot. NEIGHBOURHOOD (A) The City of Saint John The City of Saint John is located on the north eastern section of the Atlantic Seaboard at the mouth of the Bay of Fundy. Saint John is New Brunswick's largest city with a population of 75,000 (greater population of 125,000). Geographically, Saint John is Canada's second largest city. Population wise, Saint John is Canada's 24th largest metropolitan centre. The City is driven by an economy in transition. The major economic sectors influencing the economy of Saint John are industry (specifically the energy sector), manufacturing, health care, education, financial services, telecommunications, transportation and tourism. Recent development announcements involving a potential second oil refinery, including manufacturing spinoffs from this potential project will undoubtedly increase demands on housing starts for the City and outlying communities. (B) Sandy Point Road Area In 2004, the City undertook a significant water and sewer expansion project that extended the municipal services from the eastern end of Kennebecasis Drive onto Sandy Point Road extending westward to the intersection with University Avenue. This project also included the reconstruction and realignment of a. significant portion of Sandy Point Road. The results of this project are two -fold; (1) low water pressure in the Kennebecasis Drive area has been improved, and (2) municipal services have been extended to an area that was previously unserviced land. Civic #1345 Sandy Point Road Proposal Call 4 63 In addition to it's proximity to Rockwood Park, the site is less than one (1) kilometre from the entrance to the University of New Brunswick (Saint John) and the Saint John Regional Hospital. The close proximity to these facilities creates a very attractive parcel of land for a high quality residential development. There has been significant growth of new home construction in the Millidgeville area involving a variety of residential styles; one and two family dwellings, townhouse units and apartment buildings. Areas where this growth is focused includes: Cambridge Estates off Boars Head Road, Anchorage Estates (a new phase of Cedar Point Estates), Brigadoon Terrace off Kennebecasis Drive, and Fieldstone Estates (a new 68 -lot subdivision at the end of Sandy Point Road near the intersection with Kennebecasis Drive). This last subdivision occurred in part to the new municipal services that were recently installed for this area. Another area somewhat further removed from Sandy Point Road is the Drury Cove development, where there will be a significant number of higher -end residential homes over a number of phases. The developments aforementioned include medium to upper -end quality housing, which are considered highly desirable areas of the City. These new developments illustrate the demand for growth in this area, due in large part to the variety of infrastructure amenities available. (C) Neighbourhood Features Schools: Elementary: Hazen White - St. Francis School -- 5 minute drive M. Gerald Teed School — 5 minute drive Recreation: Junior High: Millidgeville North School (grades 1 -8) (French Emersion) — 5 Minute drive Senior High: Harbour View High, Saint John High, St, Malachy's High — 10 minute drive University: UNBSJ —10 minute walk French Language: Samuel De Champlain School — 10 minute drive Walking distance: Rockwood Park (2,000 acres), including its Golf Course, public swimming and trail system and Cherry Brook Zoo. Short Drive: soccer field and outdoor track & field facility at UNBSJ Within City: Two yacht clubs and a power boat club; a 600 acre nature park in West Saint John and an aquatic centre in the City's Uptown area. Numerous public parks and recreational venues. Civic #1345 Sandy Point Road Proposal Call 5 64 APPENDIX I FORM OF PROPOSAL SALE AND DEVELOPMENT OF LAND IMe acknowledge and agree that the purchase and sale of land arising from this submission is subject to the terms and conditions stated in this proposal and as noted on the property listing sheet. INVe hereby offer the amount of $ + HST (if applicable) for the vacant lot, identified as Lot #08 -1, being a portion of PID number 00052548 and as generally shown on the attached plan. INVe acknowledge this offer does not include any lot levy. A certified cheque made payable to the City of Saint John, in the amount of 5% of the bid price is enclosed with this submission. INVe propose to use /develop the subject land as follows: Construction as proposed above shall commence on or before: COMPANYIINDIVIDUAL: ADDRESS: NAME (PRINT): SIGNATURE: TEL NO.: FAX NO.: DATE: BID DEPOSIT ENCLOSED 50% OF BID PRICE: 65 7 � APPENDIX la M. � f.. _. a..- 4 - y�� a y# i � .may, }-•4 '� - - 4 - - _} - R. - Dr. Leland T. Thomas Ms. Janice L. Eldridge-Thomas PO Box 6152, RPO Brunswick Square Saint John NB E2L 4R6 November 26, 2008 Mayor Ivan Court Deputy Mayor Stephen Chase Councillors Bruce Court, Joseph Mott, Peter McGuire, Bill Farren, Patricia Higgins, Gary Sullivan, Carl Killen, Donald Snook, and Christopher Titus Dear Mayor Court and Councillors: In the November 25, 2008 edition of the Telegraph Journal, there was a small article entitled, "City Man Wants To Build A Park". The article stated that Mr. Percy Wilbur wants to buy a 12.5 hectare beach front property, from the City of Saint John. No detailed information on the specific location of the property was given, but the general description and "near Kennebecasis Drive" location leads us to believe that this is actually the publicly-owned Tucker Park and beach, on the Kennebecasis River. If Tucker Park is, indeed, the property that Mr. Wilbur wishes to acquire, then the City must assure residents that it will not be sold off. The citizens of Saint John cannot afford to lose any more public waterfront and green space. As you know, our Mispec Beach is already threatened, due to present and planned heavy industrial development in the area. As well, part of Rockwood Park is now an "industrial corridor' in perpetuity, and may well be the site of similar installations in the future. Although Mr. Wilbur says he plans to operate the land in question as a park, once this land is privatized, the City will have little control over what is eventually done with the property. !-9 Development, both residential and industrial, has already resulted in the loss of public access to many areas, but especially our beach and waterfront lands of all types — bay, harbour, and river. However, if we truly wish residents to remain within the City, rather than watch them migrate to the suburbs, then publicly-owned recreation areas must be made available to our citizens, in all areas of Saint John. This is the time for the City to expand public green space, and protect its precious few remaining public waterfront and beach properties, to leave as our legacy to future generations, NOT to sell off these prime properties, into private hands. Yours truly, Leland Thomas, DVM Janice El( ridge-Thomas, BA, M -1 All V ...... ...... 111� (9).1 SAINT JOHN Mot WHEREAS: December 6tb is recognized nationally as a Day of Remembrance and Action on Violence in memory of the 14 women killed in Montreal in 1989; and WHEREAS: on that day our thoughts also turn to all women who are murdcrcd or experience violence at the hands of their partners, family members and strangers; and WHEREAS: long-standing women's organizations with proven records of making a difference in the lives of women and their families have had their resources taken away; and NOW THEREFORE: 1, Mayor Ivan Court, La� of Saint John do hereby proclaim December 6th as an annual Day of Mourning and Action on Violence Against Women, 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 E2L 4LI I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 40 70 SAINT JOHN WHEREAS: on World AIDS Day, we reaffirm our commitment to fighting and preventing HIV/AIDS in Canada and around the world. We also remember those who have lost their lives to this terrible disease and those who continue to suffer; and WHEREAS: HIV/AIDS is a global challenge. The pandemic of HIV/AIDS can be defeated. In Saint John, we stand united with the international community in combating this virus. We also recognize the essential role that community- based organizations play in providing support and compassion to those living with the disease. By working together, we can give hope and comfort; and NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim December Ist, 2008 as World AIDS Day. On this day and throughout the year, the red ribbon helps raise awareness of the importance of fighting HIV/AIDS. I urge others to join me in activities to remember those who have lost their lives to AIDS and to provide support and comfort to those living with this disease. 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 E2L 4LI I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 40 71 November 28, 2008 Winter Road Maintenance Programs Your Worship and Members of Council: |na recent discussion with Senior Staff from the N0 Department of Transportation, thetopicofminter road maintenance arose. While the City of Saint John incorporates in its' winter maintenance program some very good practices such as de-icing with pre-wetted salt, there is another program that would further enhance winter road maintenance programs and the related reduction in winter road hazards. One particular practice l refer tois the anti-icing application ofbrine. Brine is widely used onroads in North America, including MB DOT, the City of Fredericton and Moncton, Ytisa highly effectkemethodim preventing dangerous ice conditions om roads, employs low technology, and uses % less oa|t than a straight salting program. Actually Saint John's moderate climate |s ideally suited for this application. There is an interesting science behind the use of salt in de-icing and anti-icing programs, which highly supports the brine application. Recommendation: Refer to City Manager for a report back to Council that will: 1. Determine and describe the benefit of this program (including safety and cost benefits) and Z. Outline the startup requirements for this program (for budget cony|derotions). Regards Stephen Chase Deputy Mayor 011 SAINT JOHN P[1 Box 197 Saintjohn NB Canada E2l41_1 | vmxwusaintjohn/a | C.Pl977Saint}ohn N~B.[ummdm EIL4U 72 Your Worship Mayor Ivan Court and fellow members of Common Council, Re. Public Inquiry of Pension Plan Your Worship and fellow members of Council, as we each attended the Ward meetings in our own area, and some of us attended meetings in other Wards, we heard very clearly that the citizens of Saint John are very concerned about the on-going deficit of the Pension Plan. Since our Ward meetings, the public whom we serve, has been getting very vocal about the issue concerning the Pension Plan deficit. I believe this is a result of the people who are attending the Ward meetings are hearing that it is not only they themselves that are concerned about the pension problems, but other people as well. They are starting to see the benefits of "strength in numbers," and are speaking out. As I have stated before at Council meetings, people believe (rightfully or wrongly) that City Hall has a bias to protect whatever they think City Hall is protecting. As a step in helping clear the air on this issue, I hope Council will support the following motion; I move that Council establish a committee consisting of the Mayor and two Councillors to bring back to Council a recommendation of engaging an independent legal council to explore the feasibility of proceeding to a public inquiry of the pension plan under our City's legislation. Respectfully, (receive by email) Bill Farren Councillor, The City of Saint John @.r . ..................... ---------- -- - - . ... ... . . .. . . . ......................................................... SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 41.I I to ww.5aintjohn.ca I CA 1971 Saint John, N.-B. Canada E2L 40 73 11/26/2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: That the City, of Saint John website be no more than two weeks out of date, beginning no later than February 27, 200,9. In order to improve our communication with our residents it is imperative that our website be kept current and includes important information that shows the direction of the city, Respectfully Submitted (received by e-mail) Gary Sullivan Gou__ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4LI a www.saintjohn,ca I C.P. 1971 Saint John, N.-B. Canada E2L 4LI 74 11/26/2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: The City Budget and list of Capital Projects (current and future) be published on the city website no later than February 28 of the budget year. In order to improve our communication with our residents it is imperative that our website be kept current and includes important information that shows the direction of the city. Respectfully Submitted (received by e-mail) Gary Sullivan ( 91�11- SAINT' JOHN RO. Box 1971 Saint John, NB Canada E2L4L1 �, wwwsaintjohn.ca I CA 1971 Saint John, NA. Canada E2L4L1 75 M&C #2008 November 10, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: 2009 OPERATING AND CAPITAL BUDGET DISCUSSIONS PURPOSE: The city of Saint John Very shortly, Common Council will begin the process of establishing a 2009 Operating and Capital Budget for the City of Saint John. The role of staff in this process is as defined in the Terms of Reference of the positions of City Manager. In particular those terms of reference state: In consultation with the Commissioner of Finance and Comptroller, prepare the annual operating budget, submit it to Common Council and be responsible for its administration after it is adopted by Council. 0 In consultation with the Commissioner of Finance and Comptroller, prepare long term capital improvement program covering the future needs of the City together with an annual capital budget for submission to the Common. Council and be responsible for its administration after adoption. While these two statements are relatively straight forward in as much as they would simply have the City Manager in consultation with other officials receive submissions, identifying needs, add up the numbers, and table the resulting budget with Council, the City Manager also has an overriding responsibility. Those same terms of reference state: "The City Manager shall make reeommendations to the Council concerning the affairs of the City as may tend to promote the greater economy and efficiency of the services and well being of the City and its citizens. " With this as the backdrop, the purpose of this report is to apprise Common Council of the current status of the budget preparation process. More importantly, however, the purpose of this report is to give Council members a heads up on the financial challenges that lie ahead so as to allow Council members the opportunity to weigh these challenges against all of the infrastructure needs and citizens' expectations. 76 Report to Common Council Page 2 Subject: 2009 Operating and Capital Budget Discussions THE PROCESS AT THE MOMENT: The Commissioner of Finance had advised that as of this past week all of the various budget submissions from city departments, along with the multitude of requests from agencies, boards, commissions and other organizations have been received for both operating and capital budgets. With respect to revenue sources, the City has still not been apprised of either Unconditional. Grants to be received, or the Tax Base to which a rate will be applied resulting in the bulk of the City's revenue stream. Having said this, staff has assumed for discussion purposes, that the Unconditional Grant will be frozen at the 2008 level and the tax base will grow by 7 %. It is on this basis that the City Manager and the Commissioner of Finance and all Department Heads recently met to review the outcome of this process. THE OUTCOME OF THE PROCESS: SUBMISSIONS RECEIVED: At this point, the City Manager has received exactly what he would have expected to receive from those who are charged with the responsibility of identifying infrastructure needs, service deficiencies, and citizen's expectations as well as responding to the priorities of Council. Submissions and flans received have not only attempted to more efficiently deliver the same level of service that existed in 2008, the submissions all attempts to address the following. COUNCIL'S PRIORITIES: • Resourcing the need to move forward with a new Municipal Plan. • Resourcing the need to better Communicate with all stakeholders. • Deliberate effort to strengthen Neighbourhoods through Leisure Services. • A recurring Value for Money Audit Program. INFRASTRi.7CTURE NEEDS: • Significant increases in the Asphalt Resurfacing Program. • Resources to more adequately deal with "Stoma Drainage Systems" in various areas of the City. CITIZENS' EXPECTATIONS: • Increased emphasis on winter sidewalk maintenance. • Increased emphasis on Roadway Green Space Maintenance. • Increased resources to maintain Harbour Passage and other Municipal Parks. • Incorporate requests from various organizations whose activities contribute to the overall well being of the community. 77 Report to Comnion Council &bject: 2009 Operating and Capital Budget Discussions THE UNEXPECTED: Page 3 • An unanticipated wage settlement between the Police Commission and Local 61, possibly resulting in an unanticipated wage settlement between Local 771 and the City of Saint John. An unanticipated policy decision by Saint John Transit to "drive ridership" with a resulting increase in the Commission's funding requirements. ACTIVITY LEVEL REQUESTS: Submissions were also received which reflect changing external conditions. • Building Inspection - Volume driven, • Finance - Driven by a requirement for new reports. • Emergency Measures - Driven by Risk Assessment. • Materials Managements - Volume driven. THE ISSUE OF AFFORDABILITY: Notwithstanding everyone's desire to meet Council's expectations, to respond to infrastructure needs, to honour municipal commitments and to respond in a positive manner to every request of the City, Common Council needs to ask: "Can the ratepayers afford it?" The answer to this question rests with Common Council; however, staff feel compelled to comment. The City Manager has reflected on this question and despite all of the needs, has concluded that answer is "no". Now is not the time to build into the municipal budget, ongoing service enhancements that will drive up costs in the long term. Council must focus, wherever possible on the long term, notwithstanding a desire to meet everyone's expectations. As to why this conclusion has been reached, the City Manager would offer the following observations: 1) Although everyone in this City is full of excitement stemming from possible energy sector mega projects, most have not as yet been given the green light. 2) Many of the citizens in this community feed their families and pay their bills from income they earn in the sales and service industries. Tourism, Restaurants, Hotels, Car Sales and Service, Real Estate, etc. There is nothing to suggest that Southern New Brunswick will somehow miss what is happening in the rest of North America. The affects of the global economic crisis will eventually find their way to our community. 78 Report to Common Council Page 4 Subject: 2009 Operating and Capital Budget Discussions 3) There is already an awareness that the growth in the real estate market in our community has dramatically tapered off in just the last 90 days. 4) Many of our citizens are of an age where their daily living expenses are supported by their life savings. There can be no doubt that these individuals are now feeling the results of the global financial crisis. 5) If staff are correct in their assumptions, assessed values are going to experience a significant bump in 2009. This increase in assessed value, coupled with an anticipated increase in Water and Sewer rates will be felt by all citizens of this community. LONGTERM OIJTLOOK-. The City Manager would be remiss if he did not express his concerns related to the long term affordability of city services. When Council reviews the list of Capital Programs, Council will undoubtedly be taken back by the size of the program that has been assembled simply based on prior commitments; (Peel Plaza, Transit Facilities, Rockwood Park, Coast Guard) and current needs (Buses, Fleet, Roads, Drainage Systems, Rebuilds, Recreation Facilities' and the Trade Center). The concern is that in proceeding to meet all of these needs, the City is essentially building into the Operating Budget, an increase in the annual debt charges over the next fifteen years. Current estimates are that payments on long term debt will do-able in the next five years. At the same time, Council must be cognizant of the City's legal obligation to fund any deficit that exists in the Pension Plan. It should come as no surprise to anyone that staff is anticipating a very significant increase in the Going Concern Deficit to be calculated and reported on as December 31, 2009, Staff appreciated that Council is about to engage expertise to assist Council in exploring all possible future options. This process will undoubtedly require time and ultimately strong political leadership. However, the clock is ticking. At this moment, staff's projections are that the down turn in global markets will cause an increase in the Deficit resulting in taxpayers, in order to meet their legal commitments, having to fund as much as an additional $6 million dollars a year beginning in 2010. THE NEXT STEP: Staff would suggest that as a minimum, irrespective of the final budget to be approved, citizens expect the following: A FULLY INFORMED COUNCIL: Council needs to take the time to become fully informed of the services that are currently provided, but also to fully be aware of the infrastructure needs, human resource needs and financial resources requirements that have been identified. 79 Report to Common Council Subject: 2009 Operating and Capital Budget Discussions A DELIBERATIVE COUNCIL: Page 5 After fully understanding the infrastructure needs, citizen expectations and Council's own priorities, Council must deliberate and decide on the appropriate balance between affordability and meeting expectations. A DIRECTIVE COUNCIL: Council should then give clear direction to the City Manager and Commissioner of Finance with respect to those items that Council would entertain as being included in the 2009 Budget and a statement as to Council's view on Affordability. A RESPONSIVE ADMINISTRATION: The City Manager will instruct that the various submissions be amended to reflect the direction provided by Council and will only then, table with Council a Budget Document consistent with the direction provided along with a summary of those needs that simply cannot be met and the ramification of each. Ideally, Council should be scheduling its time so as to have heard all of the presentations by no later than Monday, December 22. Ideally, specific direction would be given to the Administration on that same evening. Staff would then make all of the necessary changes and table a Budget Document for Council's consideration on January 12th, 2009. CITY MANAGER E-H M &C #2008 November 28, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: COMMUNITY EXPECTATIONS IN 2009 AND BEYOND Previous to this report on the agenda, the City Manager laid out before Common Council the constant challenge that Council faces in finding the appropriate balance between "Meeting Community Service Expectations and Irrfr�astructure Needs" with the community's ability to "Afford" all of its expectations and service needs. Given that there are a number of new Councillor's and this is their first exposure to Municipal Budgets, staff would suggest that it would be beneficial to allow the Commissioner of Finance to provide a short teach -in on this subject. Following this short teach -in, the City Manager would be prepared to share with Council the summation of all of the Community Service Expectations and Infrastructure Needs that have been identified. This summation is derived from the submissions received by Council, Council's priorities, discussions at Wards Meetings, letters to Council, legal requirements of the Corporation and infrastructure needs. RECOMMENDATION. Terrence L. Totten, FCA CITY MANAGER the Commissioner of Finance and City Manager. M&C #2008 November 28, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: FORMAT CIF BUDGET PRESENTATION AND SUBMISSIONS TO COUNCIL Last week Council had requested that the City Manager propose a standardized form of budget submissions to be used by Agencies, Boards, Commissions, Organizations, Individuals and the Administration. Attached, please find the proposed documentation that is to be used. Obviously, given this is the first year, there will be some growing pains with this change in format, particularly with those organization or individuals from outside the Administration. In essence, what is proposed is that each submission. be "Service Based, ?io longer that two pages ident6 outputs and challenges. " REcommENDATION: That Common Council adopt the attached documentation as their preferred choice of format for budget submissions. Terrence L. Totten, FCA CITY MANAGER Attachment 82 Service Planning and Requirements Budget Submission A summary of service expectations, actions and requirements is required for each service as part of the budget submission for Common Council's consideration. The format will consist nfa two page document. One page will focus on the cost of the service, new initiatives or changes to the service, and significant challenges being faced in the delivery of the service. The second page will consist ufa logic model for the service. A process, format, and an example will be provided to assist the service provider increating the logic model. Format — Page I m Budget Estimate: Provide u budget estimate for the service. The estimate will not include capital expenditures, ° Simplified Categorization of Expenditures: Break down budget estimates into the top 5 (or less) expenditure areas. The first area must be a break down of personnel costs — further broken down to identify the number of full time equivalents (PTEs) required to deliver the service and of those how many are permanent employees. Full Time Equivalents (FTE): The total number of human resources required to deliver the service. The figure includes all employees regardless of their employment status (i.e., part-tma` full time, or contracted). The FTE for each should be qualified by the hours and type of shifts worked to deliver the service. ° Service Initiatives or Changes: Provide a listing of any new service initiatives or proposed changes to the service. A rationale for proposed changes must support service improvement in terms of effectiveness, efficiency, urquality. Effectiveness: Ensuring the service has the desired impact im the community. Efficiency: Ensuring the service io maximizing the use mf limited resources. Quality: Ensuring the service is meeting the standard identified for the service and its related outputs, 0 Service Challenges: Provide a brief description of significant challenges that are faced in delivering the service. 83 [ Service ] Planning and Requirements Budget Estimate Service: Personnel: FTEs: Permanent Employees: Category 2 Category 3 Category 4 1: Category 5 1: Service Initiatives or changes Service Challenges 84 ~ ~ IN 85 Oj u c m a IG M m 0 m m ab m fll 0 E 0 7a i4 L06 CL a) fa 0 cr C�D w E CL p _0 Ln 4d cu E cj O > cj 4 ra (Ij S E u I tio 16 CL ro CE :3 aj CL CL 4% IX cc 'm tm r_ Uhf LO -6 > :3 �z a 6W. -a cu 0 ma lo: a 0 as -0 , z E r w _ 0 0 t3 3: E r- o E c -4 4�; -0 ,, W .2 a) cr � N ii 'o 1 .2 .2 0i CL cr E .Liu tz.E I 4) v CL 0 k2 ai ej C6 C; , -tZ w to 01 > �7 QJ m CL V 0 aj CL -D co (u co u L6 cu 0 :3 'D C-L 0 a -P ai ci 15 ro m ab m fll 0 E 0 7a i4 L06 CL a) fa 0 cr C�D w E CL p _0 Ln 4d cu E cj O > cj 4 ra (Ij S E u O 0 CU w a C CJ 2, 0 m CL o "U o r 0 7�i - 3� >. - C Q N lw IUU -0 cu ro- (U -0 m 10 0 N, -,a E -t,' 2 u Cl C 0 0 OL EES co=�Oa 2 F :c3L 1--o E�; v lu 0 E f , E o cu 0 a a u aj -a CL -0 0 u 0 (v 22 �:; -lu E 2 M CL m cz 2 EIR I CL ro u CL W COL a CL m u 13) va < uw c a as -0 0 ay co a) 0) bCll to 0 .2 .2 0i CL cr E lJ CL m ai CL E Cn O 0 CU w a C CJ 2, 0 m CL o "U o r 0 7�i - 3� >. - C Q N lw IUU -0 cu ro- (U -0 m 10 0 N, -,a E -t,' 2 u Cl C 0 0 OL EES co=�Oa 2 F :c3L 1--o E�; v lu 0 E f , E o cu 0 a a u aj -a CL -0 0 u 0 (v 22 �:; -lu E 2 M CL m cz 2 EIR CL ro CL W C. m CM E U c uw VC CJ m E tu co a) 0) bCll to 0 m c m m m c U") Ln cr E lJ = E O 0 CU w a C CJ 2, 0 m CL o "U o r 0 7�i - 3� >. - C Q N lw IUU -0 cu ro- (U -0 m 10 0 N, -,a E -t,' 2 u Cl C 0 0 OL EES co=�Oa 2 F :c3L 1--o E�; v lu 0 E f , E o cu 0 a a u aj -a CL -0 0 u 0 (v 22 �:; -lu E 2 M CL m cz 2 EIR Service Logic Models What is a logic model? The logic model isa planning tool that allows organizations to map out how their services work to achieve desired benefits. It is a systematic and visual way to present relationships among the resources available to deliver a service, the processes that are planned, and the changes nr results that you hope toachieve. Logic Model Purpose and Practical Application The purpose ofa logic model is to provide stakeholders with a road map describing the sequence of related events connecting the need for the service with its desired results. Mapping services helps you to visualize and understand how human and financial investments can contribute to achieving your intended service goals and lead to service improvement. The following isalist of benefits gained by creating logic models for services. • Shows the 'chain of events' that links inputs to results — bringing some detail to broad fuzzy goals. • Offers a communication tool that provides stakeholders with an understanding ofo service imaconcise and compelling way bysummarizing the key elements ofaprogram. • Clarifies the differences between outputs and outcomes. • Provides a model that helps employees gain a common understanding of how the service works and their responsibilities to make itwork. • Provides a mechanism to evaluate service deU�very and develop improvement strategies with the identification of outputs and outcomes required to create meaningful performance measures. Components ufm Logic Model Logic models are diagrammed asaxeriesofbmxeurepresenbng inputs outputs (including processes, activities and strategies), and outcomes (Figure 1). Because they are pictorial in nature, they require systematic thinking and planning 1u better describe programs. Situation F-P lanned Work Intended Results Inputs �� ~� ~V Impact Figure 1: Template for service logic model Situation: An explanation of the relevance of the service. It provides a description of why the service exists, who it is intended to help, and links it to the strategic initiatives identified by the community, [oumd| and/or the organization. Planned Work: Describes what resources we will need to deliver the service and what we intend to do. � Inputs: The resources (bunman, financial - materials, equipment, time, space, and knowledge) that me invest into the service to produce 'intended results. * Processes A series of planned actions that are used to bring about the intended service changes or Service Logic Models 1 of 2 87 Intended Results: Describes the benefit wu the community that mm expect wo achieve asa result of delivering the " Outputs- The direct products of service processes and may include types, levels and targets of services tm be delivered by the program. Outcomes. The benefits or desired change in the community that wm expect to achieve with the delivery of service. These outcomes describe shorter-term benefits that contribute to the long-term goal of service delivery. ° impact: The long-term goal of the service. Ideally a logic model is contained within a single page with enough detail that it can be explained fairly easily and understood by other people. The value ofa logic model is that it visually expresses bdiefsaboutm/hytheprogr m is likely to succeed. Because iti»visual, it typically can be more easily remembered. if the model has so much detail, however, orloso complexly drawn that is cannot be remembered, it loses some of its value, On the other hand, if the model 'is so stripped of information that it consists of just a few abstract headings or generic looking boxes, then it may not communicate the program's logic well enough to be useful. As a service grows and develops, mn does its logic model. A logic model is merely snapshot of service at one point in time. It is a work in progress that can be redefined as the service develops and achieves desired results. Building a Logic Model Logic models are created by the service providers. Those involved in the planning should draw on other service related work (i.e., service profiles) and strategic directions (i.e., communities vision and goals and Council's priorities) tu create the model. Given that logic models are dynamic — changes as the service achieves its Qnals— it is recommended that a timeframe is set for outcome and impact results to limit service expectations. A Check on the Logic Model In completing logic models for service offerings the following is a list of questions that will help evaluate if the � Are the outcomes really outcomes! ^ b the impact (longest term outcome) meaningful? « imitlogical? » bbrealistic? � Does it represent the program's purpose; response tu the situation? Service Logic Modeis EIN 2mz yl. . . ... . ... ..... . ..... . --- . . ..... . ........ . . ---------- REPORT TO COMMON COUNCIL OPEN SESSION M & C — 2008-361 December 1., 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: Ward Meetings Ci,ty, of Saint John Over the past four and a half weeks the City has hosted a total of 14 public meetings across the City as follows: Ward 1: Hosted by Councillors Ferran & McGuire October 21 — St Mark's Church October 22 — KBM October 23 — Hillerest Baptist Church October 26 — Lomeville Community Centre Ward 2: Hosted by Councillors Higgins & Sullivan October 28 — Millidgeville Community Centre October 29 — Somerset Community Centre October 30 — North End Community Centre Ward 3: Hosted by Councillors Killen & Snook November 4 — Carleton Community Centre November 5 — Loch Lomond Villa Auditorium November 6 — South End Community Centre Ward 4: Hosted by Councillors Court & Mott November 12 — Loch Lomond School November 13 — Champlain Heights School November 16 — Forest Glen Community Centre All Wards (French only meeting): November 26 — Samuel de Champlain E-E In total well over 700 people attended the meetings, which certainly indicates a strong level of interest in the community. Leisure Services staff, specifically Kevin Watson, Jackie Henneberry Helen Bridgeo and Barry Freeze, handled all of the logistical arrangements for these meetings and our communications staff, Nancy Moar, looked after advertising & promotion. Their efforts were outstanding and really helped make these meetings a great success. FIVOTEXOM-M Attached as Appendix A is a summary of notes taken at all these meetings sorted by Ward and by Department that has lead responsibility for the service area that addresses the issue. These notes have been distributed to all Departments and follow-up action is under-way. A summary of actions being taken will be prepared for posting on the City Website and distribution to residents who supplied us with. contact information. Over-all the people attending the meetings seemed comfortable in expressing their concerns. There were no significant surprises in terms of the issues raised and the expectations did not seem unreasonable. In terms of general themes that have emerged from these meetings a few things are worthy of noting: - Trust — there is a general lack of trust towards Council and City Administration. This was expressed through concerns over transparency of decision-making, openness, lack of responsiveness. - Customer service — residents consistently expressed frustration in terms of timely response and follow-up from City Departments. - Infrastructure maintenance — there is an expectation that better care will be taken with regards to the maintenance & upkeep of existing infrastructure. - Attention to "Front-Door" Issues — a significant number of the issues raised at the meetings were localized, curbside items that residents feel have been left unattended. Items such as street maintenance, garbage collection, speeding, street cleaning were consistently raised as areas where concerns existed. - Communication — our citizens expect more timely, accurate information Staff is in the process of reviewing the logistical and process areas of the Ward Meetings and will be compiling notes for consideration when future meetings are being organized. The conversational format seemed to work well however there were challenges in some venues and when the number of participants exceeded 50. FUTURE DIRECTION: These meetings seem to have been very well received by the community and there is an opportunity to build on this first attempt and have these types of meetings evolve further leading to truly engaging the community in meaningful dialogue. :.ON The following are some initial suggestions for Council's consideration. - Holding a series of meetings in each Ward. over a one week period is useful in terms of promotion & advertising and staff follow-up. - The meetings in each Ward should be spread out so that more time is available to do timely follow-up on issues raised. - The next series of meetings should build on the discussion from these meetings dealing first with follow-up action that has been taken regarding particular issues and then placing specific items on the floor for a more collective discussion. The airn would be to try and find more collaborative ways of moving the community forward. It is difficult to detennine how often these meetings should be held as particular issues may arise that call for greater frequency. At a minimum Council should consider holding Ward meetings at least once per year. Once input has been received from Council members and staff with regards to the meetings a more detailed recommendation on actions to be taken will be made to Common Council. MR U[s] L1 I a I It is recommended that this report be received and filed. Respectfully submitted, A VC, ew P. Beckett C.A. Deputy * Manger Proera=&, Priorities Terry L. Totten-FC.A. City Manager .011 City of Saint John Concerns raised during Ward 1 Community Meetings - Use of private haulers questioned - Why is compost and garbage being placed in same truck? (Greendalearea) Need enforcement for new collection schedule. People putting out garbage on wrong days and leaving it out until next pick-up. - Curbside collection ofrecyc|ab|ey - Compost Carts not emptied if they are too heavy ' Compost should be picked mp weekly during the summer Small businesses should be allowed to have residential amounts of garbage collected - Need for some illegal dumping to be cleaned up on a trail in the Tiner Point area Works: ' Will service to West Side be impacted aoaresult of closure of the West Side Works Depot? - Number of questions with regards to the need for any upgrading of Simms Corner - St. Clair Avenue — brook of water that io flooding basements inarea - Greumhead Road — patching needed Penny Road, Clark Rd#1,#2— repairs needed ' Snowplowing in KBM area noted as concern, service level has deteriorated in last few years over-growth uf shrubs along some portions nf River Road - Area around St. John Marina — possible compromised of road sub-surface as a result of recent flooding. Tunnel in area couldn't handle water flow) ' Upkeep/repair Vf sandboxes in the area - Pine Avenue — not maintained orp|nwed'vvhy? - Coordination uf work um Harbour Bridge, Reversing Falls Bridge & Simms Corner so that West Side traffic not disrupted too much. ' Concerns expressed that sidewalks not properly plowed inwinter - Will new commercial area nn West Side (Canadian Tire/Sobeys etc.) receive bus service? ' LornevilKe Area would like additional transit service. Even once or twice a week at different times would be welcomed. -DON Truff ic: ' Murphy's overpass — industrial equipment using road instead of service road underneath ' Lights at K-Mart intersection should be activated earlier in the day (6arn at least) - Traffic yielding to pedestrians a general concern - Consideration of lighting certain crosswalks (Union street, Prince Edward Square) - Speed limit along RiverRVad — canithe|nvvenad? ' Desire to have additional crosswalks along River Road Safe pedestrian passage along road from Gault Road 1oCoop - Safe pedestrian passage major concern [nLorneviUearea - Second access road for Lorneville area - Is industry paying its fair share? ' Questions regarding the need for installation of water meters and associated costs. Some don't have a problem with metered charge but don't agree with the flat charge for the meter itself. Water running openly from system in several locations, why and when will it stop? - Montreal Avenue sewer system (flooding basements in area) - Trucking of leachate from Landfill Site. Is it possible to have trucks empty in a location that is away from residences, possibly in Industrial Park? Recreation: - Tennis court repairs; desire for localized recreational opportunities - General concern over the repair a nd maintenance of existing facilities Maintain and if possible expand the playground supervision program - Old set of railway ties going down to beach behind community Centre — who is responsible for Dwyer Road — concerns over ATV's racing up & down streets in area around Randolph (Friday nights in particular) - Can you hunt within City limits? ' Truck traffic in Ocean VVestwayarea KBIVI area feels there is lots of potential for development but they aren't getting cooperation from City Desire to have planning protection for Lornevillearea so that it is properly buffered from industrial development inarea :aHl Industrial Parks: - possible to improve look of Spruce �akePark as it is entrance-way toLomeviUe? By-law Enforcement; - Concern over enforcement of unsightly premises in Ocean VVestvvayarea Administration: ' Sick leave for management mentioned several times - Pension Plan noted as major concern - Need 1obe promoting growth in the City's population - Response time for enquiries - Funding for the Zoo �� City of Saint John Concerns raised during Ward 2 Community Meetings ' Distinction between condominiums (Brentwood Towers) and other private residences. We should be picking up garbage from condominiums. - Pick-up of garbage from home-based businesses, why is there e distinction if amount ofwaste put out does not exceed residential quantities? - Curbside collection of recyclables (mentioned a number of times) - Difficult for seniors to get collection carts to the curb - Leaves in clear bags should be collected with compost - Compost should be picked up more often in summer, causing rodent problems, Stonmwator drainage and lack nf sidewalks |nCedarpointSubdivision - Concern over maintenance of drainage ditches in the Cedarpoint area. Resident told that the ditch would not be maintained ao|t had been landscaped tn the road. Need for second access road to Cedarpoint. Some concerns were expressed however on possible impact of wells for homes in Ragged Point area. ' Significant concerns raised regarding stormwater management in the area. - City needs to ensure proper infrastructure in place to handle development in the area. ' Park*vood area — concern over plowing of streets and sidewalks - Crown Hill Crescent — concerned with condition of roads and sidewalks - Concerns over poor infrastructure management (maintenance &krepair) - Sidewalk from Daniel to Manor Sutton needs replacing. - Street cleaning not being properly handled (lady brought in a bag of nails, nuts & bolts etc she had picked u9 while walking im the area) - Dufferin Street needs toberepaired - Anglin Drive —sidewalk concerns - Lime Kiln Road needs upgrading, s|dawalhs -DOE HighlandRoad — mlvertbsue, drainage concerns - TavlorAvemwo — ddevva|ks Who is responsible for maintaining pedestrian pass over highway during the winter? ' Concern expressed that construction along Rope Walk Drive has caused flooding of a basement in neighbourhood. Should have one booklet with all routes and a map (similar toHalifax) Advertisements o,n windows impede visibility during winter months Better system needed to support growth - General concern over frequency of transit service Traff ic: ' Parkwood area — would like to have alternate side parking during winter similar to the South- end. - School zone sign needed on Millidge Avenue ' Concerns over traffic speeds in area(MUUdge Avenue, Boars Head, Woodward Avenue) traffic quieting measures needed. One suggestion was need for a three way stop sign at Parklawn ' Concerns with blind spots created with redesign of Sandy Point Road around the Cherry Brook Zoo area. Intersection in this area |odangerous. Water/Wastewater: - Support for metering of residential water - Question about need for fluoride in water �� - Tennis courts in Millidgeville need upgrading Should he making more extensive use nf Lily Lake during winter time. New playing fields at Millidgeville North —old piece of fence along Boars Head Road that needs replacing, fields being cut too short ' Pathway along railwayQm*umundHaMbourStationapea — posjb|etoincorpnrateinto trail - Who is responsible for maintenance nf blockhouse on Fort Howe? - Tree planting on Main Street ' Would like tosee move patrol officers (foot patrol) ' Concerns over traffic speeds in area (Millidge Avenue, Boars Head, Woodward Avenue) ' Support for community policing efforts discussed ' Speed oftraffic in area uf Park Street North - Parking impeding traffic when events held at Little Millionaire Club Parking onDuffern Avenue also a problem associated with Curling Club. Policing [n North End, police officers need to be more visible. - Dealing with kids when community centre closes at10pm. Planning: - Protection of waterways and encroachment of development nnriver. By-law Enforcement: - House on Rockland Road that was to be torn down, no action taken - Concerns regarding number of derelict buildings in the North end that are not being torn down - House on Landsdowne Ave that was damaged in fire — eyesore, property needs cleaning up. :.*B Administration: - Pension Plan — deal with funding issue, drop the lawsuit ' Why isit taking so long to respond to questions about long-term disability? sick leave policy for management — why was this presented behind closed doors? - Customer Service, follow-up om calls (lots of concerns about this) - |s City adopting environmental friendly standards for its operations? - Value for money, taxes too high - If we can't handle front-door issues how can we be trusted to handle larger projects - School closure issue Concern from deaf community that their needs not being addressed (sign language interpreters for Council meetings, first responders properly trained tnunderstand signs from deaf people) - Transparency indecision-making - Public/private/partnerships —bothforamdagainy - City should do more tm support housing needs |ncommunity Need to focus on more collaboration with regional municipalities & Provincial government, there [s only one taxpayer. - Need for strict adherence to criteria for what gets presented/discussed at closed sessions of �� City of Saint John Concerns raised during Ward 3 Community Meetings Garbage/compost should be picked up more frequently. (rodent concerns) - Don't like idea of clear garbage bags A few concerns were expressed over night-time collection, noisy and disruptive for area residents. Works: - General concerns expressed over amount of flooding in the East Saint John area. Concern expressed with regards to clearing of sidewalks in the south-end of the city, needs better attention. Also noted that streets should be plowed first and then sidewalks. ' Concern expressed about bus driver of #15 on Waterloo Street smoking while no-one on bus. Smell still present when riders get on the bus, New Transit FacUity-Thneh/updatestoarearesdentsneeded.Concernunaisedoverhnpacton traffic flows in the area. Traffic Concern over intersection on Loch Lomond Road near Chinese restaurant, people making right hand turns out of restaurant. (not sure about details on this as concern was not clear to me) McLaughlin Crescent — concern over road closure in the area, can't get out of her development. - Regent Street — need for no parking signs so that street can be properly plowed in winter, - Need more systemic approach to how parking is handled in the City during the winte,r-time. ' How does public get input into general concerns over traffic f|om/s7? - Alignment of intersection across Rothesay Avenue with Retail Drive needs to be addressed. :.*E - Concern over the equitable distribution ofcosts associated with water. Are industrial users paying their fair share? - Winslow Avenue —flooding in the area. Reference made toa tide gate that needs repair. Residents say they have been trying to get action on this for at least a year. - Concern over fluoride being added to City Water. Is it needed? is it a cancer/health risk? Concern over increasing cost ofwater — affordabi|ity for people on fixed incomes - Support expressed for water meters Desire for more recreational/playground opportunities in East Saint John (area feels neglected) - Crime isam issue for residents nf this area. Concern was expressed about visibility of police in the evening and ooweekends. ' How to deal with problem neighbours. Info session needed on action that residents can take and information they should be gathering to help police enforcement. ' Concern over availability ofnesomrcesin the community to deliver Heritage Conservation Plans that are being required in order to access Heritage Grants. - Concern over notice provisions related to developments. Should be more bmbroader notification than minimum required under legislation. By-law Enforcement: - Dogs off leash in Queens Square area Concern over length of time toget information nn disabled employees &tbne involved im getting reports back to Council from senior management. City managers not being held accountable. - Up-keep and maintenance of existing buildings & infrastructure needs better attention. ' Customer, service issues raised consistently atall meetings. Residents are looking for more timely response to their questions. im - Attention to curbside issues needs better attention from City. - More timely communication with residents in general was raised as an issue.(many times) - VVebsite not seen as userfriemd|y — not clear who they should contact regarding issues/concerns with various services; needs tnbe more broadly used Value for money questioned — doesn't seem to be an organized approach to dealing with issues like potholes, coordination ofwork with utilities/agencies ' Why is it taking so long to respond to question raised about Long Term Disability? Other: Location of food bank on West Side (too far away from where the need is in the community) This was discussed at the meeting with Blaine Harris noting that some discussions are under- way to possibly have the Food Bank located at the Carleton Community centre. ' Transparency of decision-ma king. All matters that don't have am individual's name attached to them should bein open session. Questions around impact of rising coastal waters on development in the City. - Housing raised as an issue. (affordable, accessible) Pension lawsuit — drop it. - Lower West Side should be part of Ward 1. Consideration should be given to more Wards to better represent various communities mf interest. Status on sale of sugar refinery site? ' LNG Pipeline —visual inspections were tV be done daily, now company is saying they will be done weekly ur monthly. |s there a safety concern here? Germain Street (West) resident expressed concern over a couple of green tanks in front of their house that have not been properly maintained (painted). Do these belong to the Port?? - Greater focus on Tourism needed, its more than just cruise ships. Need stronger selling function around things that are here. - Possible to have interpretation services for hearing impaired at Council meetings? - King Street East residents looking for a right-of-way to be registered associated with Leimster Court development. Why have they not been allowed to present their concerns to Council? - Funding for Cherry Brook Zoo. RH - Funding of Employee Pension Plan — costing taxpayers too much. - Tax impact of major capital projects that are p|anned/umder+way. - Concerns with Tannery Court development. (preference for mixed housing) - Location for recycling bins that are being displaced as a result of Tannery Court development. ' Support expressed for re'deve|opmen1of Rainbow Park. 102 City of Saint John Concerns raised during Ward 4 Community Meetings Sanitation: - WeeWy8arbaoepichupinphorhvneighbourhmndoqueotnned,shou|dbeoameservce throughout City. - Question the effectiveness of clear bag system with current blue bin recycling program - Why can't our employees take garbage from collection boxes in more rural areas? - Curbside collection of recyclables supported. Concerns expressed with regards to contractor picking-up garbage in red Head area, poor quality, debris being left on the road. Maneuverability ofcompost carts and storage raised nsconcerns. Works: - Goldsworthy Road —flooded basement, resident told that City would be taking action to clear a drainage ditch in the area, no action taken, Greenwood Lane — would like to have road chip-sealed. Also have to wait for a smaller vehicle to plow road in the Winter, results in substandard plowing job that is done late in the day. - Concern expressed over coordination of work done on repairing roads, There does not seem to be a systematic approach. - Loch Lomond Road — took four months to get a pothole fixed ' Set-up nn jobs not being handled right, should send truck 10 asphalt plant earlier in the day sn crews have material on site when they start work, - Need to extend sidewalks along Loch Lomond Road. - Continuous problems with a washout in the area just past St. Joacum's Church. Why is problem corrected so that on-going repair not needed? - Maintenance nf sidewalks im Lakewood Heights area not done properly. - 173 Westmorland Road — flooding issue. City put ina b' green pipe, asphalt & gravel. Water in pipe has no-where to go and is causing problem for residence. ' Lot of comments about need to plow the streets before we plow the sidewalks. 103 - Condition of Mountainview Drive a concern and problems accessing McAllister Drive (need - Concern expressed about amount of truck traffic on Mountainview drive and dumping of material at end of street. Simpson Drive resident concerned about flooding, ditch in behind her property needs clearing - Better transit service for Ladmore Lake area. - Service needed in area of Grandview Avenue off McLaughlin Road. (Heather Way to Hickey Speeding on Grandview Avenue Placement of School Zone signs. Whose responsibility is it? Question was raised about changes made recently to placement of the signs in Loch Lomond area. Safety concerns raised over the placement of traffic lights in Silver Falls area. Will be difficult for trucks to stop during winter at bottom ofhill. - Get rid of slower speed zone Un area of Lakewood School and allow passing. - Lights needed to be able to get onto Black River Road from new road in Red Head area. (Lots of concerns expressed over this intersection) Nu parking should be allowed on Evergreen Avenue. Concern {s with parents who park onstreet when dropping off their kids, makes the road difficult to navigate, particularly in winter. - Visibility around entrance onto Grandview Avenue from McLaughlin. Major bump in the road that needs fixing. Speed of traffic in Champlain Drive area. Suggestion made that yield signs should be changed to stop signs. - Traffic concerns due to growth in industrial development and activity at Community College, Champlain Drive should be more closed off during rush hour. - Concern that traffic calming measures in Heather Way area will have adverse impact on Champlain Drive. 104 ' Confusion over merge lanes entering traffic circle om Champlain Drive. Traffic congestion being caused on Rothesay Avenue when cars lining up trying to get intoTim Mortons - Support for safe drinking water plan - Are industrial users paying their fair share for water? - Concerns raised over the amount that water rates will be increasing to fund improvements. - Poor quality of current water. - Some support expressed for water meters Water tower construction in Forest Hills, staux? Recreation: Me - Want to see the City stop using pesticides. Compliments made about Playground Supervision Program. - Little River Reservoir— need support in trying to establish biking/water trails in the area. ' Playing field at Forest H|Nn School needs major upgrade. Need for more recreational facilities for winter-time activities Completion of playground at Forest Hills School. (Foam surfaces, deteriorating brick wall, fence that needs repairing) - noise by-law —why can't a ticket be issued asam offense (issue was around the operation nf Thompson Construction late atnight) - need for more visible police presence nn the streets - consider crossing guard for Golden Grove area around Roxbury Ave. Fire: - question raised about the number/type of vehicles responding to emergency calls. 105 - Status of Emergency Notification and Evacuation Plain that was to be in place associated with the new pipeline? Planning: - questions raised about the group home being allowed in Loch Lomond Road area. Feels that there should have been more opportunity for area residents to question this. - Public access to waterways needs to be better protected/enhanced. - Garnet Road — concerns over pace of development, residents made to feel that they are an intrusion. Particular concern expressed over development of four story apartments in the Silver Falls area. Feels that City staff are too cozy with developers. ' Regulation/enforcement of people turning properties into boarding houses. General concerns expressed over poor notification to the public associated with current process By-law Enforcement: Administration: - VVebske not user friendly, sent ina request for information that was not responded to. - General feeling that the City ismismanaged. - City Watch issues in Ti, why are these not being dealt with prior to being reported to the newspaper? - Need for comprehensive performance management system for all City employees (cited City of Saskatoon esexample) - Customer service questioned continuously, people looking for timely response totheir questions/concerns. - General comment that infrastructure repair work not being handled in a comprehensive way that ensures timely maintenance to avoid long-term costs associated with replacement. - Need for better coordination of work amongst various city departments. - Support for funding of Cherry Brook Zoo. - Drop the pension lawsuit. im Sick leave policy for management seen as too rich, question raised about accuracy uf Sick leave utilization numbers provided 10 Common Council - How many new positions have been added since the 2002 workforce reduction program? ' Why is it taking so long to provide numbers on disabled employees? Makes it look like the City has something 1n hide. - Mayor's travel-feels that there is too much time spent away. - Land deal with 1mings questioned (Jack Quinlan) Councillor Court doesn't respond toemoiis. (should be noted onvvebsite) - Transparency, accountability and honesty raised asconcerns. Pension Plan funding — resolve it so that monies can be redirected to needed service improvements. Impact on tax rate of major capital projects. - Feeling expressed that Ward 4 residents in particular should be getting greater benefits as a result ofhaving tu host the major energy projects. Concern that city is not taking more action with regards to the coastal erosion issue in Red Head. ' Separate disability from Pension Plan, ' Lower the property tax rate. 107 Tel. / T&I : 506 658-2908 Fax / T&16copieur: 506 658-2902 Leisure Services wwwsaintiohn.c P.O. Box / C.P. 1971 SAINT JOHN Services des loosirs Saint John N.B. (N.-B.) E2L 4LI November 26, 2008 His Worship Mayor Ivan Court and Members of Common Council Dear Mayor Court and Council, It is with great pleasure that I would like to announce the implementation of the Leisure Services Advisory Board. As of this date we have held two meetings and are well on our way to prioritizing our goals and objectives. We have identified four areas of importance to our committee: 1. Encourage a Culture of Active Living 2. Facilities & Infrastructure 3. Recreation Programs & Services 4. Major Events —Encouraging sport associations and agencies, Venue Saint John and the Tourism Industry to host more major events. We would like council's blessing to move forward over the next few months and begin prioritizing each of these areas accordingly. We look forward to providing advice and guidance as well as working with council on matters, related to Leisure Services. Through the anticipated growth and interest in recreation and sport we hope the Greater Saint John Community will flourish and prosper through active living. Recreation is a cornerstone for improving health, wellness and positive social interaction within our community. The Leisure Services Advisory Board looks forward to working with Common Council, city staff and its citizens in achieving an enhanced community. Sincerely yours Barry Ogden Leisure Services Advisory Board Chairperson im November 26, 2008, The Common Council of Saint john, Your Worship and Councillors: In a Telegraph-Journal article of November 24, Brian Stone says, "the only way to get to the bottom of what he calls the City's pension/disability fiasco is to hold a public enquiry." From media reports, it appears that Council is struggling as to what to do next about this suggestion. While it is true that the City has the authority to hold a public enquiry into any civic matter under a Statute that was last used in the early 1970s, history has shown that public enquiries at all levels of government are not easy and simple to carry out. However, if Council considers such action, prudence requires that Council be guided by legal Counsel every step of the way in order to assure that rights are protected and procedural rules followed and appropriate terms of reference adopted. The problem that immediately arises for Council is, how it can assure itself of the relevancy and application of the Act, and if proceeded to an enquiry, that all procedural steps are being complied with and other matters followed in line with the law, when conflicts of interest are being declared by the City Solicitor as a member of the Pension Board. Declaring conflicts of interest might be satisfying in a narrow way to the positive law of the Municipalities Act, but there is another question about another part of the law that seems to be ignored. It is connected with the idea of justice and its part of fairness surrounding the perception of bias. The opinions of the City Solicitor are not judicial pronouncements, but until a court rules otherwise, the opinions should carry all the weight of the law for Council's guidance. In a letter to Council dated February 6, 2007,1 pointed out a concern and a danger of a Council policy allowing the City Solicitor to voluntarily serve of City's Boards, Commissions and Committees. I said at that time that this policy "has the potential all the time for conflicts that leave Council without advice the position is responsible for providing ... It should be obvious that this dispute has the potential for more intricate questions from Council." Nothing has changed to weaken this concern, and the present request from citizens for a public enquiry only strengthens the potential for further complications. In a letter to Council in the early 1970s, a former Councilor and lawyer, the late Charles Whelly, Q.C. said about the office City Solicitor that "The City Solicitor must balance the rights of the citizens, usually as people doing business with the City, against their own rights as citizens of the same Corporation. If asked advice, he must give advice bearing in mind not the advantage of the City but the rights of both parties equally; he must not seek loop-holes or test cases in the hope an advantage might be gained by the City over its own citizens." ME While this letter from Mr. Whelly was not about the City Solicitor serving on City Boards, but was about the independence of the Office and the duty to the citizens from the Office through Council, it indicates to me that any interference with that duty through voluntary service outside of the Office is wrong, unnecessary and has the potential for harm rather than benefit to the City and its citizens. It is puzzling to me why Council has been indifferent to this situation. For if Council turns its back on requests from citizens for a public enquiry, it should be for the right reason, and not because legal advice is unavailable or advice received is perceived by members or the citizens to be clouded by personal interest through membership on the Pension Board. Yours truly, (source verified) Frank Rodgers. M