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2008-12-22_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, December 22, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. Council Chamber 1. Nominating Committee 10.2(4)(b) Regular Meeting 1. Call to Order -Prayer 5:15 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of December 8, 2008 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Enterprise Saint John Operating Funding Request (Recommendation: Refer to Budget Deliberations) 5.2 Trade and Convention Centre Renovation and Expansion Request (Recommendation: Receive for Information) 5.3 Authority to Expend Funds - 2009 (Recommendation in Report) 5.4 Purchase of Handheld Ticket Writers (Recommendation in Report) 5.5 Pedway Maintenance Agreememt Fortis Properties (Recommendation in Report) 5.6 Renewal of Water Supply Agreement Musquash Watershed (Recommendation in Report) 5.7 Historic Places Initiative Canadian Register of Historic Places Phase 4 (Recommendation in Report) 5.8 Results of Proposal Call 60 Canterbury St (Recommendation in Report) 5.9 Amendment to the Saint John Heritage Conservation Areas By-Law (Recommendation in Report) 5.10 Saint John Port Authority Appointee to Board of Directors (Recommendation: Refer to Nominating Committee) 5.11 LH1VID Adventures (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations /Presentations 6:00 p.m. 8.1 Saint John Animal Rescue League 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By-Law Amendment 11-25 Sewell St & 96-124 Station St 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2(a) Proposed Zoning By-Law Amendment 2797 Loch Lomond Rd 9.2(b) Planning Advisory Committee Recommending Rezoning 9.3(a) Proposed Zoning By-Law Amendment 1030 Dever Rd 9.3(b) Planning Advisory Committee Recommending Rezoning 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment 77 Golden Grove Rd 11. Submissions by Council Members 1 1. l Senior Manager's Report on Employee Supervisor and Evaluation Practices (Councillor Sullivan) 11.2 Electronic Tendering Process (Councillor Sullivan) 11.3 Councillor Information Requests (Councillor Sullivan) 11.4 Serving Those with Disabilities (Councillor Mott) 11.5 Solid Waste Collection (Councillor Titus) 12. Business Matters -Municipal Officers 12.1 Centre of Excellence Water and Wastewater Technician Program 12.2 Action Plan for Safe, Clean Drinking Water -Value Review 12.3 Infrastn~cture Funding Opportunities 12.4 Vibrant Communities -Five Priority Neighbourhoods & Youth Planning Sessions 13. Committee Reports 13.1 Finance Committee August 2008 Interim Financial Results 13.2 Planning Advisory Committee Recommending Easement for The ONE Change Inc. 51-59 Metcalf St. 13.3 Planning Advisory Committee Recommending White Rocks Road Subdivison Plan 13.4 Planning Advisory Committee Recommending Eagle Subdivision Phase 1 at 1101 Grandview Ave 13.5 Performance Management Committee Recommending Engagement of Firm 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du Conseil communal Le lundi 22 decembre 2008 Comite plenier 1. Ouverture de la seance 17 h Salle du Conseil 1. Comite des candidatures 10.2(4)b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h 15 Salle du Conseil 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue le 8 decembre 2008 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du Conseil 5.1 Demande de fonds d'exploitation d'Enterprise Saint John (recommandation renvoyer aux discussions relatives au budget) 5.2 Demande d'agrandissement et de renovation du Saint John Trade and Convention Centre (recommandation : accepter atitre informatifj 5.3 Autorisation de depense de fonds - 2009 (recommandation figurant au rapport) 5.4 Achat de carnets de contraventions electroniques (recommandation figurant au rapport) 5.5 Entente relative a 1'entretien de la passerelle conclue avec Fortis Properties (recommandation figurant au rapport) 5.6 Reconduction de la convention d'approvisionnement en eau relative au basin versant Musquash (recommandation figurant au rapport) 5.7 Initiative des endroits historiques et Repertoire canadien des lieux historiques -Phase 4 (recommandation figurant au rapport) 5.8 Resultats de 1'appel de propositions visant le 60, nee Canterbury (recommandation figurant au rapport) 59 Modification de 1'arrete relatif aux aires de conservation du patrimoine de The City of Saint John (recommandation figurant au rapport) 5.10 Nomination du Conseil d'administration de 1'Administration portuaire de Saint John (recommandation : s'adresser au Comite des candidatures) 5.11 L.H.MD. Adventures (recommandation figurant au rapport) 6. Commentaires presentee par lee membres 7. Proclamation 8. Delegations et presentations 18h 8.1 Coalition secours animal Saint John 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arrete de zonage visant les 11-25, nee Sewell et les 96-124, nee Station 9. lb) Rapport du Comite consultatif d'urbanisme recommandant le rezonage 9.2a) Projet de modification de 1'Arrete de zonage visant le 2797, chemin Loch Lomond 9.2b) Comite consultatif d'urbanisme recommandant le rezonage 9.3a) Projet de modification de 1'Arrete de zonage visant le 1030, chemin Dever 9.3b) Comite consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10. 1 Projet de modification du plan municipal visant le 77, chemin Golden Grove 11. Interventions des membres du Conseil 1 1. l Rapport du directeur principal sur les pratiques de supervision et devaluation des employes (conseiller Sullivan) 11.2 Processes d'appel d'offres electronique (conseiller Sullivan) 11.3 Demande de renseignements de conseiller (conseiller Sullivan) 11.4 Services adresses aux personnel handicapees (conseiller Mott) 11.5 Collecte des dechets solides (conseiller Titus) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Centre d'excellence pour le programme offert aux techniciens des eaux et des eaux usees 12.2 Plan d'action pour la salubrite et la proprete de 1'eau potable -Examen des valeurs 12.3 Possibilites de financement de 1'infrastn~cture 12.4 Communautes vivantes - Cinq quartiers prioritaires et seances de planification pour les jeunes 13. Rapports deposes par les comites 13.1 Bilan financier interimaire jusqu'au moil d'aout 2008 -Comite des finances 13.2 Comite consultatif d'urbanisme recommandant la servitude aux fins de The ONE Change Inc. situe au 51-59, nee Metcalf 13.3 Comite consultatif d'urbanisme recommandant 1'approbation du projet de lotissement White Roclcs Road 13.4 Recommandation du Comite consultatif d'urbanisme visant la phase 1 du lotissement Eagle situe au 1101, avenue Grandview 13.5 Comite de gestion du rendement recommandant la nomination dune entreprise 14. Etude des sujets ecartes des questions soumises a 1'approbation du Conseil 15. Correspondance generale 16. Levee de la seance December 22, 2008 His Worship Mayor Ivan Court and Councillors Your Worship and Councillors, Committee of the Whole Item Scheduled for Closed Session This item scheduled for closed session of Council involves personal information relating to the appointments of individuals to committees. Sincerely, Elizabeth Gormley Common Clerlc 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 COMMON COUNCIL MEETING -THE CITY OF SAINT JOHN CITY HALL -December 8, 2008 5:00 P.M. present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Mott, Snook and Sullivan, Titus -and- T. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; S. Herring, Planning and Development Planner; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; P. Woods, Deputy City Manager; B. Hanley, Police Inspector; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, le 8 decembre 2008 a 17 h Sont presents Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Mott, Snook, Sullivan et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; S. Herring, urbaniste d'urbanisme et developpement; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; P. Woods, directeur general adjoint; B. Hanley, inspecteur de police; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. 1. Call To Order -Prayer Mayor Court called the meeting to order and Captain Bruce Smith of the Church Army offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le capitaine Bruce Smith, de la Church Army (Armee de I'eglise episcopate du Canada), recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on November 24, 2008 be approved. Question being taken, the motion was carried. 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of items 10.3(a) Section 39 - 99 Simpson Drive; 12.4(a) Letter from Frank Rodgers Re: Public Inquiry of Pension Plan; 13.0 Pension Board Proposed Response to Common Council on Public Inquiry Resolution. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout des points 10.3a) article 39 visant le 99, promenade Simpson; 12.4a) Lettre regue de Frank Rodgers relative a I'enquete publique sur le regime de retraite; 13.0 Reponse proposee du conseil de retraite au conseil communal concernant la resolution faisant suite a I'enquete publique. P, Tissue 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 David Thompson regarding proposed development at Tucker Park be referred to the City Manager. 5.2 That the letter from Patricia Dashwood entitled Priorities be received for information. 5.3 That the request by Michel Cote of The Association Regionale de la Communaute francophone de Saint John inc. (ARC-f) to present before Council be referred to the Common Clerk to schedule. 5.4 Refer to item 14.1 5.5 That early approval of the Pipeline Road West and Beaverbrook Avenue -water transmission main projects as outlined in the report entitled Pipeline Road West and Beaverbrook Avenue -Water Transmission Main Projects in the amount of $7,895,000 as proposed under the 2009 Water & Sewerage Utility Fund Capital Program be granted, and that Council authorize the City Manager to conduct negotiations for the engagement of an engineering consultant to carry out the design and construction management services for the projects. 5.6 That the update report on Karen Street Sanitary Sewer Extension & Lateral Relocation be received for information. 5.7 That the update report on Champlain Drive, Civic #30 to Traffic Circle, Street Reconstruction be received for information. 5.8 That the update report on Brentwood Crescent 900mm Storm Sewer Renewal be 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 5.11 That The City of Saint John sell its interest in parcels "A" and "B", as identified on a submitted plan entitled City of Saint John, GLC Realty Limited and NJP Developments Ltd. Subdivision, also identified as being portions of PID Numbers 55189245 and 55189252, subject to a municipal services easement shown on the submitted plan, to NJP Developments Ltd. for the sum of $3,894.00 plus H.S.T.; and NJP Developments Ltd. will convey to The City of Saint John, its interest in Parcel "E", also identified as PID Number 55187041, also shown on the aforementioned plan for $1.00, plus H.S.T. (if applicable), on or before January 30, 2009. 2. That as part of the above noted land exchanges, NJP Developments Ltd. Is responsible for the preparation and payment of any survey/subdivision plans required to facilitate the aforementioned land exchanges with The City of Saint John. 3. That the Mayor and Common Clerk be authorized to sign any documents required to finalize the sale. 5.12 That the firm of HDR Engineering Inc. be retained on the terms and conditions as outlined in the agreement for consulting services and that the Mayor and Common Clerk be authorized to sign on behalf of the City. 5.13 That: 1. George Freeze be advised that Common Council will sell compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 350 cubic metres, at 589 Rothesay Avenue; and 2. Hamid Esmailion be advised that Common Council will sell compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 530 cubic metres, at 637 Rothesay Avenue, and 3. the submitted report be received for information 5.14 That: 1. Common Council deem the property identified as civic #1671 Sandy Point Road, also being a portion of PID Number 418129, as illustrated on a submitted plan to be surplus to the City's needs; and 2. Common Council authorize the City Manager to continue to negotiate a purchase price, along with terms and conditions for an agreement with North Star Holdings Limited exclusively for a period not to exceed 100 days from the date of this resolution, or until such time as North Star Holdings Ltd. has stated in writing they are no longer interested in pursuing the aforementioned property identified above in (1), whichever is the lesser of the two; and 3. North Star Holdings Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel, however, Common Council are not explicitly or implicitly obligated to approve any amendment to the Municipal Plan or any rezoning; and 4. The Mayor and Common Clerk be authorized to execute any documents required to facilitate this process. 5.15 That Common Council adopt the resolutions pertaining to staff changes by-law for the Saint John Parking Commission as outlined in a submitted report entitled Designation of Individual to Commence Proceedings. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 5.2 Que la lettre de Patricia Dashwood relative aux priorites soit acceptee a titre informatif. 5.3 Que la demande emise par Michel Cote d'ARCf visant a faire une presentation devant le conseil soit transmise a la greffiere communale pour qu'elle fixe une date. 5.4 Voir le point 14.1 5.5 Que soit accordee dans un bref delai la somme de 7 895 000 $ pour les Projets relatifs a la conduite d'eau principale du chemin Pipeline Ouest et de I'avenue Beaverbrook (conduite d'eau principale du chemin Pipeline Ouest et de I'avenue Beaverbrook, tel qu'il est souligne dans le rapport presente) tel qu'il est propose en vertu du programme d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts pour 2009, et que le conseil communal autorise le directeur general a entamer des negociations visant a engager les services d'un ingenieur-conseil pour effectuer la gestion relative a I'ingenierie, a la conception et a la construction des projets. 5.6 Que le rapport actualise relatif aux travaux de deplacement lateral et de prolongement des egouts sanitaires de la rue Karen soit accepte a titre informatif. 5.7 Que le rapport actualise concernant la refection de la promenade Champlain, du n° de voirie 30 au carrefour giratoire soit accepte a titre informatif. 5.8 Que le rapport actualise relatif a la restauration des egouts pluviaux de 900 mm du croissant Brentwood soit accepte a titre informatif. 5.9 Que le rapport actualise relatif au renouvellement de la station de relevement au parc Westgate et a ('installation d'un trop-plein par gravite soit accepte a titre informatif. 5.10 Que le budget lie a convention avec De Stecher Appraisals Ltd. concernant la station de relevement n° 4 de ('avenue Thorne et le projet de refoulement et d'egout collecteur soit augmente de 28 500 $ (TVH en sus) a 50 000 $ (TVH en sus) comme le souligne le rapport intitule conduite de refoulement et egout collecteur de la station de relevement n° 4 situee a ('avenue Thorne (nettoyage du port). 5.11 Que The City of Saint John vende a NJP Developments Ltd. son interet dans les parcelles « A » et « B », delimitees sur le plan presente intitule « City of Saint John, GLC Realty Limited and NJP Developments Ltd. Subdivision» (lotissement GLC Realty Limited et NJP Developments Ltd.), egalement inscrites comme etant une portion des NID 55189245 et 55189252, sous reserve dune servitude aux fins de services municipaux indiquee sur ledit plan, pour la somme de 3 894 $, TVH en sus; et que NJP Developments Ltd. transfere au plus tard le 30 janvier 2009 a The City of Saint John, pour la somme de 1 $, TVH en sus (le cis echeant), son interet dans la parcelle « E », inscrite sous le NID 55187041 et delimitee egalement sur le plan susmentionne. 2. Que, dans le cadre de I'echange de terrains susmentionnes, NJP Developments Ltd. soit responsible de la preparation et du paiement de tout plan d'arpentage/lotissement requis pour faciliter I'echange des terrains susmentionnes avec The City of Saint John. 3. Que le maire et la greffiere communale soient autorises a signer toute documentation requise pour conclure la vente. 5.12 Que I'entreprise HDR Engineering Inc. soit retenue selon les modalites indiquees dans la convention pour des services consultatifs et que le maire et la greffiere communale soient autorises a signer les documents au nom de The City of Saint John. ~ ~~ n.~o 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 3. le rapport presente soit accepte et classe. 5.14 Que 1. le conseil communal considere la propriete situee au 1671, chemin Sandy Point, portent egalement le NID 418129, illustree au plan presente comme un bien excedentaire par rapport aux besoins de The City of Saint John; 2. le conseil communal autorise le directeur general a continuer de negocier un prix d'achat ainsi que des modalites en vue dune entente avec I'entreprise North Star Holdings Limited exclusivement, pour une periode n'excedant pas 100 fours a compter de la date de la presente resolution ou jusqu'a la date indiquee par ecrit par North Star Holdings Ltd. a laquelle ladite entreprise ne sera plus interessee par I'achat de la propriete susmentionnee et decrite au paragraphe (1) (selon la plus courte periode); 3. I'entreprise North Star Holdings Ltd. soit autorisee a presenter une demande de modification du plan municipal et de rezonage relativement a ladite parcelle, mais que le conseil communal n'ait pas ('obligation implicite ou explicite d'approuver toute modification du plan municipal ou de rezonage; 4. le maire et la greffiere communale soient autorises a signer toute la documentation necessaire pour faciliter ce processus. 5.15 Que le conseil communal adopte les resolutions relatives a I'arrete sur les changements dens le personnel de la Commission sur le stationnement de Saint John comme le souligne le rapport presente intitule Nomination de membres pour entamer les procedures. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que les recommendations formulees relativement a chacun des points de la section Questions soumises a ('approbation du conseil soient adoptees. P, Tissue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation The Mayor declared the month of December, 2008 as Lung Awareness Month. 7. Proclamation Le maire declare le mois de decembre 2008 « Mois de sensibilisation au cancer du poumon. 9. Public Hearings 7:00 P.M. 9. Audiences publiques a 19 h 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal visant le 435, chemin Boars Head Proposition du conseiller Farren Appuyee par le conseiller Killen RESOLU que le projet de modification du plan municipal visant le 435, chemin Boars Head soit transmis au Comite consultatif d'urbanisme en vue de I'etablissement d'un rapport et de la presentation de recommendations, que la publication des avis exiges soit autorisee et qu'une audience publique soit fixee au 19 janvier 2009, a 19 h, dens la salle du conseil. P, Tissue du vote, la proposition est adoptee. 10.2 Proposed Municipal Plan Amendment 410 Highland Road. On motion of Councillor Farren Seconded by Councillor Killen RESOLVED that the proposed Municipal Plan By- law Amendment regarding 410 Highland Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on January 19, 2009 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. 10.2 Projet de modification du plan municipal relatif au 410, chemin Highland Proposition du conseiller Farren Appuyee par le conseiller Killen RESOLU que le projet de modification du plan municipal visant le 410, chemin Highland soit transmis au Comite consultatif d'urbanisme en vue de I'etablissement d'un rapport et de la presentation de recommendations, que la publication des avis exiges soit autorisee et qu'une audience publique soit fixee au 19 janvier 2009, a 19 h, dens la salle du conseil. P, Tissue du vote, la proposition est adoptee. 10.3 Zoning By-Law Amendment 99 Simpson Dr. 10.3 (a) Section 39 Conditions - 99 Simpson Drive (Deputy Mayor Chase and Councillor Titus withdrew from the meeting) On motion of Councillor Farren Seconded by Councillor Killen RESOLVED that the by-law entitled, "By-law Number C.P. 110-90 A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 99 Simpson Drive, having an area of approximately 590 square metres, also identified as PID Number 00299875, from "R-1 B" One Family Residential to "R-4" Four Family Residential be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 110-90 A Law to Amend the Zoning By- law of the City of Saint John", was read in its entirety. 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 2) That there be no dwelling units contained in the basement; 3) In the event that the existing building is destroyed or demolished, any new building constructed on the site can only be used as asingle-family dwelling. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Killen RESOLVED that the by-law entitled, "By-law Number C.P. 110-90 A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 99 Simpson Drive, having an area of approximately 590 square metres, also identified as PID Number 00299875, from "R-1 B" One Family Residential to "R-4" Four Family Residentialbe read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 110-90 A Law to Amend the Zoning By-law of the City of Saint John", was read a third time by title. (Deputy Mayor Chase and Councillor Titus re-entered the meeting) 10.3 Modification de I'arrete de zonage relatif au 99, promenade Simpson 10.3a) Conditions imposees par Particle 39 - 99, promenade Simpson (Le maire suppleant Chase et le conseiller Titus quittent la reunion.) Proposition du conseiller Farren Appuyee par le conseiller Killen RESOLU que I'arrete intitule «Arrete n° C.P. 110-90 modifiant I'arrete de zonage de The City of Saint John » modifiant a I'annexe A, plan de zonage de The City of Saint John, le rezonage dune parcelle de terrain dune superficie d'environ 590 hectares situee au 99, promenade Simpson et inscrite sous le NID 00299875, afin de faire passer la classification s'y rapportant de zone residentielle -habitations unifamiliales « R-1 B » a zone residentielle -habitations de quatre logements « R-4 », fasse I'objet dune lecture. A Tissue du vote, la proposition est adoptee L'arrete intitule «Arrete n° C.P. 110-90 modifiant I'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller Killen RESOLU qu'en vertu des dispositions prevues a Particle 39 de la Loi sur 1'urbanisme, I'amenagement propose de la parcelle de terrain situee au 99, promenade Simpson, dune superficie d'environ 590 metres carres et inscrite sous le NID 00299875, soit assujetti aux conditions suivantes 1) le Hombre maximal de logements autorise dans le batiment existant dolt titre limite a deux (2); 2) aucun logement ne devra se situer au sous-sol; 3) si le batiment existant devait titre detruit ou demoli, toute nouvelle construction sur ce site ne pourra titre utilisee qu'a titre d'habitation unifamiliale. P, Tissue du vote, la proposition est adoptee. 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 P, Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete n° C.P. 110-90 modifiant I'arrete de zonage de The City of Saint John ». (Le maire suppleant Chase et le conseiller Titus sont de nouveau presents a la reunion.) 11. Submissions by Council Members On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that Council direct the City Manager to draft a letter of support for the work of the Early Learning Centre steering committee's proposal for an Early Learning Centre demonstration project in Saint John. Question being taken, the motion was carried. 11. Interventions des membres du conseil Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que le conseil communal charge le directeur general de preparer I'ebauche dune lettre de soutien au travail du comite directeur du Early Learning Centre (centre d'apprentissage des jeunes enfants) visant a proposer un projet pilote pour ce dernier a Saint John. P, Tissue du vote, la proposition est adoptee. 12.2 Provincially Designated Highways Proposed Five Year Capital Improvement Program (2009-2013) On motion of Farren Seconded by Sullivan RESOLVED that Council: 1. Adopt the Provincially Designated Highways Five-Year Capital Improvements Program for the years 2009-2013 and further; 2. Authorize the Mayor to submit the proposed Provincially Designated Highways Five-Year Capital Improvements Program for the years 2009-2013 to the Minister with copies to the Director of Design and the District Engineer for the New Brunswick Department of Transportation. Question being taken, the motion was carried. 12.2 Routes provinciales designees -Programme quinquennal d'amelioration des immobilisations propose (2009 a 2013) Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le conseil 3. adopte le programme quinquennal d'amelioration des immobilisations relatif aux routes provinciales designees pour les annees 2009 a 2013; 4. autorise le maire a presenter le programme propose susmentionne au ministre, avec copie au directeur de la conception et a I'ingenieur de district du ministere 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 12.3 External Service Provider Agreement with Efficiency NB Building Labeling Program On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the Mayor and Common Clerk be authorized to execute the External Service Provider Agreement with Efficiency New Brunswick labeling program. Question being taken, the motion was carried. 12.3 Entente relative au fournisseur de services externes conclue avec I'Agence d'efficacite et de conservation energetiques du Nouveau-Brunswick (Efficacite NB) dans le cadre du programme EnerGuide Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le maire et la greffiere communale soient autorises a signer ('entente relative au fournisseur de services externes conclue avec I'Agence d'efficacite et de conservation energetiques du Nouveau-Brunswick (Efficacite NB) dans le cadre du programme EnerGuide. P, Tissue du vote, la proposition est adoptee. 12.4 City Solicitor's Membership on Pension Board; Legal Advice to Council on Pension Matters. On Motion of Councillor Court Seconded by Councillor Mott RESOLVED that the letter from the City Solicitor dated December 5, 2008, entitled City Solicitor Membership on Pension Board of Trustees; Legal Advice Respecting Pension Plan Matters, be received for information. Question being taken, the motion was carried. 12.4 Avocat municipal siegeant au conseil d'administration du regime de retraite; conseil juridique au conseil en ce qui concerne les questions de retraite Proposition du conseiller Court Appuyee par le conseiller Mott RESOLU que la lettre de I'avocat municipal datee du 5 decembre 2008, intitulee «Avocat municipal siegeant au conseil d'administration du regime de retraite; conseil juridique au conseil en ce qui concerne les questions de retraite », soit acceptee a titre informatif. P, Tissue du vote, la proposition est adoptee. 12.4(a) Letter from Frank Rodgers Re: Public Inquiry of Pension Plan On Motion of Councillor Court Seconded by Councillor Snook RESOLVED that the letter from Frank Rodgers dated November 26, 2008 regarding a public inquiry of The City of Saint John Pension Plan be received for information. Question being taken, the motion was carried. 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 13. Committee Reports 13.0 City of Saint John Board of Pension Trustees Proposed Response to Common Council on Public Inquiry Resolution On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that Council accept the offer from the City of Saint John Board of Pension Trustees to meet with key advisors to the Board who will answer question of both council and citizens with respect to any aspect of the administration of the Pension Plan; and further that the meeting will take place no later than January 31, 2009. Councillor Farren called a point of order with respect to the Mayor's involvement in the current debate, to which the Mayor responded that he has the right to debate. voting nay. Question being taken, the motion was carried with Councillor Farren On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that a list of written questions from both council and citizens with respect to the City of Saint John Board of Pension Trustees and the administration of the Pension Plan, must be submitted to the Common Clerk's office no later than January 5, 2009. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.0 Reponse proposee du conseil de retraite au conseil communal concernant la resolution faisant suite a I'enquete publique Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que les representants du conseil d'administration du regime de retraite aient la possibilite de se presenter devant le conseil le 31 janvier 2009 au plus tard afin de repondre aux questions du conseil et des citoyens concernant le conseil de retraite. Le conseiller Farren souleve une objection a propos de ('implication du maire dans le debat en cours, a quoi le maire repond qu'en tant que president de seance, it a le droit de participer au debat. P, Tissue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU qu'une liste de questions ecrites par le conseil et les citoyens concernant le conseil de retraite dolt titre remise au bureau du greffier communal avant le 5 janvier 2008. P, Tissue du vote, la proposition est adoptee. 13.1 Letter of Resignation from Pension Board -Councillor Titus 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 RESOLVED that Council nominate Councillor Farren as one of its representatives on the Pension Board. Councillor Farren indicated that he was not interested in serving on the Pension Board at this time. On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the vacancy on the City of Saint John Board of Pension Trustees be referred to the Nominating Committee for the recommendation of a new member from the current Council; and further, any Councillor who is interested in serving on this Board should submit his or her name to the Common Clerk. Question being taken, the motion was carried. 13.1 Lettre de demission revue du conseil d'administration du regime de retraite - conseiller Titus Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que le conseil accepte la demission, prenant effet immediatement, du conseiller Titus en tant qu'administrateur du regime de retraite de The City of Saint John. A Tissue du vote, la proposition est acceptee. Le maire ainsi que les conseillers Killen et Higgins votent contre la proposition. Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que le conseil nomme le conseiller Farren en tant que I'un de ses representants au conseil d'administration du regime de retraite. Le conseiller Farren indique qu'a ce jour, it ne souhaite pas sieger au conseil d'administration du regime de retraite. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le poste vacant au conseil d'administration du regime de retraite soit transmis au Comite des candidatures en vue de choisir un nouveau membre au sein du conseil actuel; en outre, tout conseiller souhaitant sieger a ce conseil d'administration dolt soumettre son nom a la greffiere communale. P, Tissue du vote, la proposition est adoptee. 8. Delegations/Presentations 8.1 Stormwater Management Strategy Referring to a submitted presentation, Stephen Wallace, Project Manager for Terrain Group, updated Council with respect to a proposed stormwater management system. On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that item 12.1 Stormwater Management Strategy be moved forward on the agenda. Question being taken, the motion was carried. 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 P, Tissue du vote, la proposition est adoptee 12. Business Matters -Municipal Officers 12.1 Stormwater Management Strategy On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that Council: 1. Adopt, as a policy of the City of Saint John, the Storm Drainage Design Criteria Manual developed for the City by the Terrain Group; and ask appropriate staff to bring forward proposed changes to related by-laws to ensure the provisions of those by-laws align with this policy; and 2. Recognize that ongoing dialogue with the public, developers, consultants and other stakeholders on storm drainage design would be coordinated through the Chief City Engineer, with recommendations for updates and adjustments brought forward from time to time for the consideration of Council; and 3. Consider the possible implementation plan for a Marsh Creek stormwater diversion system, as outlined in Table 1 of the submitted report, and be prepared to approve an allocation of $500,000 in the 2009 Capital Program (Storm) for a preliminary design and full cost-benefit analysis of such a diversion system. Full funding commitment would depend on cost-benefit feasibility and Council approval; and 4. Direct staff to request that CN Rail replace the triple culverts at its crossing of Marsh Creek, at the entrance to the forebay, with a bridge; and 5. Ask the Saint John Emergency Management Organization to begin planning or development of an early warning system for the Marsh Creek area such that it could be efficiently and expeditiously evacuated should the need arise; and 6. Direct staff to review the Flood Risk Area By-Law and other by-laws, and prepare guidelines for development controls in the Marsh Creek watershed, such as setting safe elevations for structures and restricting further impingement or encroachment on creek channels; and 7. Direct that steps be taken, working with ACAP Saint John, for a program of land and easement acquisition in the Marsh Creek drainage basin (adjacent to creek channels) to facilitate care and maintenance of natural watercourses; and 8. Provide necessary operations funding for an enhanced storm drainage maintenance program, including a dedicated specialist team (existing staffing levels) to organize and conduct a regime of storm sewer CCTV inspection and system flushing and cleaning (with a heavy vacuum/flushing unit). 9. Recognize the need to understand the characteristics of the various drainage basins in Saint John and to prioritize drainage action plans across the community. 10. Consider the Tentative Summary of Possible Projects for the Brentwood Drainage Basin, and be prepared to consider an allocation of $1,050,000 in the 2009 Capital Program (Storm) for five components (Table 2), with allocations of $750,000 in 2010, $750,000 in 2011, and $650,000 in 2012. 11. Be prepared to consider funding allocations for the General Fund Capital Program (Storm) over the next four years totalling $26,740,000 (subject to adjustment), tentatively 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 strategie de gestion des eaux pluviales Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que le conseil 1. adopte, en tent que strategie pour The City of Saint John, le Manuel re/atif aux criteres de conception des reseaux pluviaux redige pour la Ville par Terrain Group et demande au personnel concerne de proposer des amendements aux arretes lies afin de veiller a ce que les dispositions desdits arretes correspondent a cette strategie; 2. reconnaisse que les discussions en cours concernant la conception des reseaux pluviaux avec le public, les promoteurs, les consultants et les autres intervenants sont coordonnees par I'ingenieur municipal en chef, avec des recommendations de mises a jour et d'ajustements proposees de temps en temps au conseil; 3. considere le plan de mise en oeuvre possible d'un reseau de derivation des eaux pluviales du ruisseau Marsh, comme le souligne le Tableau 1 du rapport presente, et se prepare a approuver ('allocation dune somme de 500 000 $ au programme d'immobilisations de 2009 (section eaux pluviales) en vue de la conception preliminaire et de ('analyse couts-avantages complete d'un tel systeme de derivation. L'engagement de financement dependra de la faisabilite en termes de couts et d'avantages ainsi que de ('approbation du conseil; 4. charge les employes de demander a ce que le CN remplace le triple ponceau situe au croisement du ruisseau Marsh, a ('entree de basin d'admission, par un pont; 5. demande a I'Organisme de gestion des services d'urgence de Saint John de commencer la planification pour le developpement d'un systeme d'alerte rapide pour la zone du ruisseau Marsh afin que cette derniere puisse titre rapidement et efficacement evacuee au besoin; 6. charge le personnel de revoir I'Arrete concernant /es zones exposees aux inondations et d'autres arretes, ainsi que de preparer des directives de controle de I'amenagement dens le basin hydrographique du ruisseau Marsh, telles que la determination d'altitudes securitaires pour les structures et la restriction d'empietements supplementaires sur les lits du ruisseau; 7. ordonne que des mesures soient prises, en collaboration avec PAZCA de Saint John, afin de mettre en place un programme d'acquisitions de terrains et de servitudes dens le basin-versant du ruisseau Marsh Creek (adjacents aux lits du ruisseau) afin de faciliter I'entretien des cours d'eau naturels; 8. offre les fonds necessaires pour un programme d'entretien des reseaux pluviaux ameliore, y compris une equipe de specialistes a cette fin (basee sur le niveau de dotation en personnel existent) afin d'organiser et de mener un regime d'inspection des egouts pluviaux par CCTV et le nettoyage ainsi que la vidange du reseau (avec un dispositif d'aspiration ou de vidange lourd). 9. reconnaisse le besoin de comprendre les caracteristiques des differents basins-versant de Saint John et d'etablir les priorites parmi les plans d'action visant ces derniers dens toute la Communaute. 10. examine le resume provisoire concernant les projets possibles pour le basin-versant de Brentwood, et se prepare a examiner ('allocation de 1 050 000 $ au 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 d. 2012 - 6 550 000 $ 12. accepte le rapport final de Terrain Group, date du 9 septembre 2008, conjointement au rapport presente au conseil communal, devant titre mis a jour le cas echeant, en tant que Strategie de gestion des eaux pluvia/es pour The City of Saint John. P, Tissue du vote, la proposition est adoptee. 8.2 2009 Budget Presentation Uptown Saint John Inc. Referring to a submitted report, Sean O'Neill, president of Uptown Saint John updated Council with respect to Uptown Saint John's 2009 Budget. On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the necessary advertising be done for the Business Improvement Levy By-Law amendment as submitted, and a public hearing be scheduled for January 19, 2009. Question being taken, the motion was carried. 8.2 Presentation du budget de 2009 de Uptown Saint John Faisant reference a un rapport soumis, Sean O'Neill, president de Uptown Saint John, presente au conseil le budget de son organisme pour I'annee. Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU que la promotion necessaire soit effectuee pour I'amendement de I'arrete concernant la contribution pour ('amelioration des affaires tel qu'il est presente et qu'une audience publique soit organisee le 19 janvier 2009. P, Tissue du vote, la proposition est adoptee. 8.3 Budget Submissions Saint John Transit Referring to a submitted report and presentation, Frank McCarey, General Manager of Saint John Transit, provided Council with statistics regarding transit ridership and presented the Saint John Transit 2009 budget submission. 8.3 Presentation du budget de la commission des transports de Saint John Faisant reference a une presentation et a un rapport soumis, Frank McCarey, directeur general de la Commission des transports de Saint John, fournit au conseil des statistiques concernant le Hombre d'usagers des transports en commun et presente le budget de la commission des transports de Saint John pour I'annee 2009. 14. Consideration of Issues Separated from Consent Agenda 14.1 Harbourview Subdivision Water System On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that early approval of the Harbourview 94- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 8, 2008/LE 8 DECEMBRE 2008 14. Etude des sujets ecartes des questions soumises a ('approbation du conseil 14.1 Reseau d'aqueduc du lotissement Harbourview Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le projet du lotissement Harbourview soit approuve dans un bref delai au montant de 390 000$, conformement au rapport presente intitule «Reseau d'aqueduc du lotissement Harbourview », tel qu'il est propose en vertu du programme d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts pour 2009, et que le conseil autorise le directeur general a entamer des negociations visant a engager les services d'un ingenieur-conseil pour effectuer la gestion relative a I'ingenierie, a la conception et a la construction du projet. P, Tissue du vote, la proposition est adoptee. 15. General Correspondence 15. Correspondance generate 16. Adjournment The Mayor declared the meeting adjourned at 9:30 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 30. Mayor/maire Common Clerk/greffiere communal -~ ~~~T ~~~~ ---..... Dec 5th, 2008 Mayor lvan Court Members of Common Council 8th Floor, City Hall P.O. Box 197 i Saint John, NB E2L 4L 1 Subject: 2009 Operating Funding Request -Enterprise Saint John Dear Mayor Court and Council On December 4th, 2008, the Enterprise Saint John Board of Directors approved the 2009 Enterprise Saint John Budget. As indicated in e-correspondence dated November 28th, 2008, please find attached our 2009 Final Budget and our operating funding request, along with all of the supporting documentation. From a revenue perspective, the 2009 budget contemplates a 2.5% increase and is based on 2009 tax base figures. This represents an operating request of $406,195 as the City of Saint John's contribution to our base funding and an additional $34,641 request as the City of Saint John's contribution to the Workforce Expansion Initiative. The total request for 2009 is: $440,83. If you have any additional questions regarding the 2009 Budget request, our Treasurer, Tony Gogan, our CEO Steve Carson, or 1 would be glad to meet with you to discuss the details further, if you require a meeting please contact Gina O'Rourke at gorourke cnr enternrisesi.com or 648-464$. Best regards, 11 • ~I~-~~~tq r Bob Manning, Chair Enterprise Saint John Grand Bay-Westfield Quispamsis • Rathesay • St. Martins • Saint john 21 GREATER SAINT JOHN COMMUNITY ECONOMIC DEVELOPMENT AGENCY, INCORPORATED FINpL BUDGET 24Q9 REVENUE IACOAIProvince of New Brunswick- Base Funding Munici alities -Base Funding SEED ~onnexion True Growth -Workforce Expansion Initiative True Growth -Other projects Emerging Entrepreneurs Miscellaneous Fees and Sponsorships 2009 $ 355,400 $ - 586,300 I $ ss,aoo $ 465,000 $ 1,040,000 $ 125,000 ~ j $ 20,000 2Das ~ $ 347,350 $ 572,000 $ 6s,ooo $ 580,000 $ 340,000 $ 125,aoD $ 18,000 Total Revenue EXPENSES ~ 5a[aries & Benefits Communications Business beveiopmentlClient Services True Growth -Workforce Expansion Initiative True Growth -Other Projects True Growth -Waterfront Development True Growth - Propeisj Emerging Entrepreneurs SEED Connexion Professional Development Depreciation Vehicle Expenses IOffice and Administration Total Expenses REVENUE OVER EXPENSES -- ' $ 2,657,700 $ 522,750 $ 72,000 $ 92,aao $ 515,000 $ 1,010,000 $ 15,000 $ 15,000 $ 125,000 $ 66,000 $ 15,000 $ 5,000 ~ $ 30,000 $ 174,950 $ 2,657,700 $ 2,048,350 $ 510,000 $ 65,000 $ 85,000 $ 630,000 $ 310,000 $ 15,ODD $ 15,DOD $ 125,ODD $ 66, 000 $ 12,ODD ~ 15,aDD 25,350 $ 175,000 $ 2,048,3x0 I$ - I$ D I 22 Greater Saint John Community Economic Development Agency, Incorported Final Budget 20Q9 Revenue REVENUE ACQA Province of New Brunswick Municipalities-Base Funding Saint John Rothesay Quispamsis Grand Bay Westfield St. Martins SEED CONNEXION PROGRAM Administration Fees TEA Software Maintenance Training Allowance TRUE GROWTH & CED FUND (See attached spreadsheet) True Growth Workforce Expansion Other projects SPECIAL PROJECTS: Total Total 2009 2008 $ 243,117 $ 112,283 $ 355,400 $ 347,350 New Figures for 2009 $5 507 368 790 69.281% $ 406 195 , , , , $961,937,676 12.101% $ 70,948 $1,177,$38,700 14.817% $ 86,872 $284,208,775 3.575% $ 20,960 $17,951,181 0.226% $ 1,325 $ 7,949,305,122 100.0% $ 586,300 $ 586,300 $572,000 Emerging Entrepreneurs -ACQA -Training & Employment Development - Private Sector Sponsors (Emerging Entrepreneurs is a program devofed to generafing a stronger entrepreneurial culfure in young people aged ~4-34.) MISC. FEES AND SPONSORSHIPS HRSbC 1 SEED -Summer Student Grant CYBF program Seminars Bank Interest Enterprise Network funding from ACQA $ 60,000 $ 2,aoD $ 4,000 $ 66,000 $ 60,000 $ 515,000 $ 580,000 $ 1,040,000 $1,555,DD0 $340,000 $ 65,000 $ 25,000 $ 35,000 $ 125,OOD $125,000 $ 2,000 $ 400 $ 1,600 $ 9,934 $ 6,066 $ 20,000 $ 18,000 23 Greater Saint Jahn Community Economic Development Agency, Incorporated Final Budget 2009 True Growth 1. True Growth -Workforce Expansion Initiative 2009 Revenue: - PETL (Prov. Of NB) 225,000 - PETL (Prov. 01 NB) Deferred in 2008 90,000 - Municipalities 50,000 - Community Economic Development Funding (PNB) 25,000 Private Sector/Other 75,000 Subtotal -External Funding 465,000 - FSJ contribution from core funding 50,000 5] 5,000 Expenses: - Staff (Ex.Director, LOYT coordinator, WFDO, Adminstrative Go-ord.) 252,000 - Communications/Sponsorships 74,000 - Computer and MIS 5,000 -Office {Phones and Copies) 26,000 - Rent allocation 22,000 - Professional Development 15,000 - Consulting Fees 95,000 - Meetings 25,000 Total Workforce Expansion initiative 5't5,000 2 a). True Growth Projects -Other Revenue: CED Fund, AGOA, CISP, other 150,000 Deferred in 2008 ]40,000 290,000 Expenses: Waterfront Development Partnership 15,000 PropelSJ 15,000 Other (Access Atlantica, ICT, Health Science, Energy, 260,000 Tourism, Mining and other True Growth Initiatives) 2) b). True Czrowth -Benefits Blueprint Revenue: Province of New Brunswick 250,000 ACOA 250,OOD Private 250,000 750,000 Expenses: Program Management Office 750,000 24 Greater Saint John Community Economic Development Agency, Incorporated Final Budget 2009 Expenses SALARIES & BENEFITS Staff: CEO, Manager of Business Development, Economic Development Officers and Administration & Communication Officer and UNB Saint John Co-op students. Benefits include Group Insurance Plan, RRSP, & mandatory CPP, El & WHSCC. Project staff salaries & benefits are included under the respective project budget. $ COMMUNICATIONS Casts associated with advertising, public relations, special events, website, printed material, government relations and translation. $ CLIENT SERVICES Costs associated with client activities, including proposal and information packages, committee meetings, travel costs, real estate tours, car rentals, room and equipment rentals, catering for client meetings & receptions. $ TRUE GROWTH Workforce Expansion Project $ Other True Growth Projects $ Waterfront Development Partnership $ Propels] $ Includes expenses for Workforce Expansion, Benefits Blueprint PMO and continued implementation of True Growth initiatives. $ Emerging Entrepreneurs - Costs associated with salaries & benefits for two part-time youth coordinators, administrative overhead costs, website, promotions such as Entrepreneur markets, business plan competitions $ SEED CONNEXION SEED Administrator, includes cost of Salary & Training $ PROFESSIONAL DEVELOPMENT EDAC Conferences/Workshops, inclusive of travel, seminars and workshops, Workshops, seminars $ DEPRECIATION Depreciation of capital assets, including computer, furniture and leasehold improvements VEHICLE EXPENSES Includes mileage for staff, parking & car allowance OFFICE & ADMINISTRATION (See attached spreadsheet) 2009 2008 523,000 $ 510,000 7z,DDO $ 65,DDo 92,000 $ 85,OOD 515,000 $ 630,000 1,010,000 $ 310,000 15,000 $ 15,000 15,000 $ 15,000 1,555,000 $ 970,000 125,000 $ 125,000 66,000 $ 66,000 15,000 $ 12,000 $ 5,000 $ 15,000 $ 30,000 $ 25,350 $ 174,950 $ 175,000 25 ~~ ~ ~~~ ~ ~~ ~ ~ ~i~~ ~ ~"~~' ' 40 rue King Street Saint John, NB~N.-B. ~~~+ _t-' --_ _ _ _ ~ Canada E2L1G3 T: 506-b58-2877 1-$00-861-Z$77 ~~~~ ~~~ F: 506-65$-2872 info@enterprisesj.com r -- - - _ www.enterprisesj-[om December 15`h, 2008 Mayor Evan Court Members of Saint John Common Council City of Saint John PO Box 1971 Saint John, NB E2L 4L i Subject: Saint John Trade and Convention Centre -Renovation and Expansion Request Dear Mayor Court and Council, Under the True Growth Strategy developed in 2005, four growth sectors were identified for key development in the Saint John region; Energy & Advanced Manufacturing, Information & Communications Technology, Health Sciences and Tourism. The success of these sectors is dependent the continued enhancement and improvement of supporting infrastructure. For example, Tourism provides a very important, if not critical portion of the Saint John economy. Meetings, conventions and sporting events contribute $32 Million annually in direct expenditures to the local economy and the sector employs 6800 people. In order to position Saint John far further growth in this growth sector it is essential the proper infrastructure be in place to support not only our current markets but also to attract additional ones. By 2010, both Moncton and Fredericton will have state of the art, newly built convention centres and this will certainly impact Saint John's competitive nature to attract the same National and Provincial clients. The need is evident, in order to compete Saint John must continue to enhance its Tourism infrastructure. With this in mind, the Enterprise Saint John Board of Directors recommends Mayor and Council give positive consideration to the renovation and expansion of the Saint John Trade and Convention Centre request. Best regards, Bob Manning, Chair Enterprise Saint John Grand Bay-Westfield Quispamsis ~~othesay • St. Martins • Saint john Community Economic ~evePopment Agency • Agence de d~veloppement ecanamique communautaire ~~ ~ 1r/~LYY 1,r~1 ~.J 1V 4~~~ M&C-2008-381 December 17, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Authority to Expend Funds In as much as this is the last meeting of Common Council in 2008, and the 2009 Operating Budgets have not yet been approved, certain resolutions are required in order that day to day operations can continue until such time as the budgets are approved. In light of these requirements the following resolutions would be in order. Resolved that the following resolution be adapted, namely: Whereas the 2009 budgets far the City of Saint John have not been approved; And Whereas there are some day to day matters controlled by the general approval of the budget: Now, therefore, be it resolved that the City Manager be authorized to approve purchases up to the value of $25,000 where provision for same is normally contained in the budget which has not been approved: 27 Report to Common Council December ] 7, 2008 Page 2 And be if further resolved that the Treasurer be authorized to disburse funds related to expenditures related to pre-existing contractual agreements and, to commissions and organizations which, in his opinion, would ensure the continued economic and efficient day-to-day operations of these commissions and organizations during this period. Respectfully Grey J~1'eomans, CGA, MBA Co is loner of Finance 28 ~~'~~ REPORT TO COMMON COUNCIL :o ~. ~.z~ - M & C -2008-387 City of saint John 19 December 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Purchase Handheld Ticket Writers BACKGROUND: The Saint John Parking Commission (SJPC) does the enforcement and the administration of the on-street parking program on behalf of the City of Saint John and we currently use handheld ticket writers and printers to write the parking violations in Saint. John. The current system has been in place since December 2002. and we feel that it is time to upgrade both the hardware and software that we use in our ticketing process. Our current handheld ticket writers and printers are using are reaching the paint where they require more and more maintenance and the time has come to replace these units. The SJPC worked with the City IT Department and we reviewed and meet with a number of distributers over the 3-4 months at a Canadian Parking Association Trade show, through telephone conference calls and in person. We reviewed the handhelds and software packages from a number of different companies including JJ MacKay Canada Limited, Parksmart, T2Systems, Aims-Electronic Data Collection Corp and Group Techna Inc. (Montreal, Quecbec}. Any software package that is purchased by the City of Saint John must have the capability of integrating with the HTE System that is currently being used by the City to purchase various enforcement letters and the summons for unpaid parking violations. ANALYSIS: Common Council is being asked to approve the purchase of 7 Handheld Ticket Writers, seven printers, an upgrade program and a standard maintenance package that will allow our enforcement staff to continue writing parking tickets in Saint 29 John. Currently we are using Dap Handhelds, Radix Printers and the software program from JJ MacKay. At the present, we have a maintenance agreement with JJ MacKay Limited where we are paying $12,000 plus HST to service our software program and pay additional costs for hardware parts as required for our handheld ticket writers and printers. FINANCIAL IMPLICATIONS: The Handheld Ticket Writers (Dap), Printers (Radix} and software program we purchased in the past from JJ MacKay Canada Limited cost at total of $ $88,106 plus HST. The 7 Handheld Ticket Writers (Honeywell -Dolphin 9900), 7 Printers (4" Zebra QL420),Software Program and the 1St year of Software Support and Maintenance far $55,674. After year one, the City will have to pay a Annual Maintenance Fee of $9,185 to cover maintenance on the Handhelds, printers and Software program. Funds in the amount of $70,000 were included in the 2008 Capital Budget to cover the cost to purchase this equipment. RECOMMENDATION: It is recommended that Camman Council approve the purchase of 7 Handheld Ticket Writers, 7 Printers, the software program and the 1St year of Software Support and Maintenance for a total cost of $55,674 plus applicable taxes. Respectfully Commis T.L. Totten, FCA City Manager 30 A M&C2008-383 December 18, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Pedway Maintenance Agreement City of Saint John BACKGROUND In the past, Fortis Properties Corporation has provided cleaning and security service for the Chipman Hill Pedway and the City Market Pedway. While the arrangement was in the form of an annual invoice, it has never been a formalized agreement approved by Council. ANALYSIS Far the year 2007 and up to March 2008, the fee for the Pedway cleaning and security service was $4,884.85 per month, or $58,b18.20 per year, hst included. In April 2008, the fee for the cleaning and security service increased by $1,858.39 per month ($80,9I8.88/yr), mainly due to an increase in costs for security and the addition of a fee for monitoring the fire protection systems. City staff has been working with Fortis Properties to prepare a formal agreement outlining the service provision and responsibilities of each party relating to the service delivery. The formal agreement has been reviewed by the legal department and is now complete. Fortis Properties Corporation signed the agreement on December 17, 2008. As per the agreement, Fortis Properties will continue to provide cleaning, security services and fire protection system monitoring for the Chipman Hill Pedway and security services and fire protection system monitoring for the City Market Pedway. City Market staff will be responsible for cleaning of the City Market Pedway, reducing the cost of the Fortis agreement by $999.21 per month. The agreement will be effective January 1, 2009 for a one year term at a cost of $68,928.34, or $5,744.03 per month. ~'"~ SAINT JOHN P.O. Bax 1971 Saint John, NB Canada F2L 4L1 I wwwsaintjohn.ca I CP. 1971 Saint 1ohn, N.-B. Canada E2L 4L1 ~-°- 31 M & C 2008 - 383 - 2 - December 18, 2008 RECQMMENDATI4N Your City Manager recommends that Comzx~on Council adopt the attached resolution. Respectfully submitted, Amy Paffenra , P. Eng. A Deputy ommissioner wild' g Inspect' Services ~i Terrence Totten, CA City Manager 32 M & C 2008 - 383 _ 3 - December 18, 2008 RESOLiIT~ON Resolved that, as recommended by the City Manager, the City enter into an Agreement with Fortis Properties Corporation for the maintenance and security of the Chiprrzan Hill and City Market Fedways on the terms and conditions and in the form as attached to the City Manager's report dated December 18, 2008 addressed to Common Council in this matter, and that the Mayor and Common Clerk be authorized to execute said Agreerent." 33 1 THIS AGREEMENT made in triplicate copies this 17 day of December, 2008. BY AND BETWEEN: OF THE SECOND PART WHEREAS the City is the owner of premises known as the "Chipman Hill Pedway" and the "City Market Pedway", hereinafter called "the Pedways"; AND WHEREAS Fortis is the owner of the premises located in between the two Pedways; AND WHEREAS the purpose of this agreement is to provide for the maintenance and security of the Pedways by Fortis, NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set aut in this Agreement, the parties agree as follows: This Agreement is for a term of one (1) year beginning on January 1, 2009 and ending on December 31, 2009. 2. Fortis shall keep the Chipman Hill Pedway in a clean and tidy condition and not permit garbage, ashes, waste or objectionable material of any kind to accumulate on or about the Chipman Hill Pedway. The City shall keep the City Market Pedway in a clean and tidy condition and not permit garbage, ashes, waste ar objectionable material of any kind to accumulate on or about the City Market Pedway. 3. Fortis shall be responsible for, and shall have access to carry out, inspections of the condition of the Pedways. In the event that such inspections reveal that emergency FORTIS PROPERTIES CORPORATION, a duly incorporated company having offices in the City of Saint John, in the County of Saint Jahn, and Province of New Brunswick, hereinafter called "Fortis" - and - OF THE FIRST PART THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" 34 2 type repairs or replacements are required, then in such an event, Fortis shall immediately perform such repairs or replacements as are necessary to correct the emergency in a good and workmanlike manner, and subsequently advise the City of the emergency and related repairs as soon as reasonably possible. Fortis shall add a 15% administration fee to all costs incurred in performing such emergency type repairs or replacements. In the event that such inspections reveal that non-emergency type repairs or replacements are required, then in such an event, Fortis shall so advise the City, and the City shall be responsible to do these non-emergency type repairs or replacements at its own costs. 4. The City shall be responsible to maintain the structural integrity of the Pedways. 5. Fortis shall not make any changes, including painting, to the Pedways without the prior written consent of the City. 6. Subject to section 7 hereof, Fortis shall provide the services listed in Schedules "A" and "B" which are attached hereto and form part of this Agreement, and the City shall pay Fortis the amount of $ 68,928.34, inclusive of HST and administration fees, for said services rendered hereunder in 12 equal monthly instalments. Schedule "A" and Schedule "B" are intended to be a detailed breakdown of the services to be provided by Fortis and related cost for each Pedway. 7. Fortis shall invoice the City separately for electricity supplied to the Pedways based on monthly consumption. 8. Fortis shall not be liable or responsible in any way far personal injury or death suffered by the City, its employees, agents, invitees or assigns or suffered by any other person who may be upon or exiting or entering the Pedways or for whom the Pedways are, or the use thereof, are alleged to have caused loss or damage in any way, or for lass of or damage or injury to property belonging to any of the foregoing and, in particular, without limiting the generality of the foregoing, Fortis shall not be liable for any damage to property or business(es) caused by any interruption to the use of the Pedways or from any other matter or thing, unless any such damage, loss, personal injury or death arises as a result of the negligence of Fortis. 9. The City hereby indemnifies Fortis from all liabilities, damages, costs, claims, fines, expenses, suits or actions of any nature or kind resulting from any matter, thing or action related to the Pedways or this Agreement unless, in relation to that liability, damage, cost, claim, fine, expense, suit or action, Fortis has been determined by a Court of Law to have acted negligently. 10. The City shall ensure that any policies of insurance it holds on the Pedways shall contain a waiver of subrogation as against Fortis, its agents, employees and assigns and that Fortis be included in said policies as a named insured. 35 3 I1. If the City defaults in the payment of any amount due to Fortis and the default continues for ten days after written notice of it to the City by Fortis, or if the City defaults in the observance or performance of any covenant or agreement in this Agreement and the default continues for twenty days after written notice of it, or in the case of a default not involving the payment of money which cannot with due diligence be cured within a twenty day period, this Agreement shall, at the option of Fortis, terminate and the City shall immediately be responsible for all matters related to the Pedways and Fortis released from any obligation hereunder. Other than for a default which is not remedied as set out above, this Agreement maybe terminated by either party an 60 days notice in writing. 12. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto or by the successors ar assigns. 13. Both parties hereto shall comply with the requirements of every applicable statute, law, by-law, ordinance, regulation, guideline or order with respect to the condition, maintenance, use or occupation of the Pedways and all systems related thereto, including but not limited to the electrical and sprinkler systems. 14. Any Notice, request or demand provided for in this Agreement shall be in writing: To the City addressed to: Amy Paffenroth, Deputy Commissioner of Buildings and Inspection Services The City of Saint John 1 S Market Square P.O. Box 1971 Saint John, NB E2L 4L1 And if to Fortis addressed to: Fortis Properties Corporation 39 King Street Saint John, NB E2L 4W3 and maybe delivered in person or sent by prepaid registered mail. Any notice which is delivered personally shall be effective when delivered. Notices mailed shall be deemed to be effective on the third day following mailing whether or not it has been received or picked up by the addressee. In the event of a postal strike or interruption, service shall be personal. Either party may give notice in writing of a change of address. 15. This Agreement and everything contained in it is binding upon the parties and shall extend to and bind the respective successors and assigns of the parties. 16. It is hereby understood and agreed between the parties hereto that the terms and conditions set forth herein embrace the whole terms and conditions of the Agreement entered into by the parties and supersede and take the place of any previous 36 4 agreements or representations of any kind, written or verbal, previously paid by anyone whether an agent or employee of a party or not, in reference to the terms addressed herein or which in any way affect the building or equipment of which the Pedways form part. 17. If any of the terms of this Agreement is declared to be in any way invalid or unenforceable, the remainder of the Agreement shall remain in full farce and effect. 18. The Laws of the province of New Brunswick shall govern this Agreement. 1N WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective afficers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED ) In the presence of ) } ) ) ) ) ) } } FORTIS PROPERTIES ref: ~I'(IiaQrth ~~c~ THE CITY OF SAINT JOHN Ivan Court, Mayor Elizabeth Gormley, Common Clerk Common Council Resolution: 37 5 SCHEDULE "A" ACTUAL COSTS FOR CITY OF SAINT JOHN CHIPMAN HILL PEDWAY FOR THE PERIOD JANUARY 1, 2009 TO DECEMBER 37, 2009 SERVICES Cleaning based on 1.5 hrs per day 7 days per week based on $8.2D per hr Security Office Lobby Desk - 24 hr service Based on $13.75 per hr 3 hrs per day PER ANNUM MONTHLY $4,477.2D $373.14 $30,250.00 $2,520.83 Window Cleaning Exterior two per year @$150 ea interior per month @$50 ea Monitoring SprinkerlFire Protection Systems $30D.00 $25.00 $6D0.00 $50.00 $1,200.00 $100.00 Sub Total $36,827.20 $3,D68.93 15% Administrakion Fee $5.524.08 $460.34 Sub Total $42,351.28 $3,529.27 HST $5.505.67 $45$.81 TOTAL $47,856.95 $3,988.08 Cost breakdown for Security Services, City Market Pedway & Chipman Hill Pedway Chipman Hill Pedway 2nd guard is required till lam due to Pedway hours - (without Pedway only one guard would be required) as Centre would be locked dawn at 7pm Mon, Tues, Wed, Sat 10/pm, Thurs & Fri and lacked Sunday) ie additional guards required and reflected in billings to City are: 6 hrs per day x Mon, Tues, Wed & Sat 24 hrs/week 3 hrs day x Thurs and Fridays 6 hrslweek 19 hrs day x Sundays 19 hrslweek 49 hrs/week x 52 weeks Assume Sunday shopping December 1 month x 5 hrs 15unday = 20 hrs 2,548 hrs/yr -20 hrslvr 2, 528 Recognizing value of Pedway additional hrs to Delta, Brunswick Square and City amount to be cost shared at 5D°/o City share = 112 of 2,528 hrs 1,264 hrs/yr + 936 hrs for regular patrols shopping centre { 3 hrs per day) 2,20D hrs yr total to City City Costs 2,200 hrs x $13.75 = $3D,25D per annum or $2,52D.83 per month 38 6 SCHEDULE"B" ACTUAL COSTS FOR CITY OF SAINT JOHN CITY MARKET PEdWAY FOR THE PERIOD JANUARY 1, 2009 TO DECEMBER 31, 2009 SERVICES PER ANNUM Security Office Lobby desk - 24 hrs per day Based on $13.75 per hr $15,015.00 3.5 hrs per day B days per week Monitoring SprinkerlFire Protection Systems $1,200.00 Sub Tatal $16,215.00 15%Administration Fee $2.432.25 $18,647.25 HST $2.424.14 TOTAL $21, 071.39 MONTHLY $1,251.25 $100.00 $1,351.25 $202.69 $1,553.94 ~2D2.0'1 $1,755.95 39 4 .i M&C 2008 - 384 December 18, 2008 "he Cil~- t~f S;tint ~nl~~ His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Renewal of Water Supply Agreement -Musquash Watershed BACKGROUND The City of Saint John has an agreement with the Province of New Bnulswiclc to draw water from the Musquash Watershed management area. The original agreement, dating back to January 1, 1978 allows the City to draw up to 38 million imperial gallons per day for supply to industrial, domestic and commercial users. This water is required to supplement the Spn~ce Lalce Watershed for approximately a two to three month period each year. Only that volume required to maintain supply in sufficient quantities to customers (Irving Pulp and Paper) is drawn from the system. Factors that affect the required volume to be drawn include weather conditions and balancing of supply requirements between east and west systems related to shut-downs for maintenance and repairs. The City has received an offer dated December 1, 2008 from the Department of Natural Resources (copy attached) to extend the current agreement to December 3 1, 2009. ANALYSIS The original 1978 agreement set a rate to enable the Minister of Natural Resources to recover costs to properly reflect the administrative and operational costs for the supply of water from the watershed over a 21 year period -ending December 3 1, 1998. That rate was $0.015 per 1,000 imperial gallons for the period January 1, 1978 to December 3 1, 1980. The rate then changed to $0.020 per 1,000 gallons to December 31, 1983. The agreement provided for the possibility of a rate change every five years commencing January 1, 1984 and ending December 31, 1998 -three potential additional increases. These additional rate changes did not occur and the rate of $0.020 per 1,000 gallons remained in effect to the expiration of the agreement on December 3 1, 1998. 40 M & C 2008 - 380 December 18, 2008 Page 2 In Febn~ary, 1999, Council authorized the extension of the agreement on the same terms and conditions for a further one-year period to December 31, 1999 at the rate of $0.020 per 1000 gallons. Each year, Council has authorized the extension of the agreement with the Province however in some years there have been adjustments to the rate charged per 1,000 imperial gallons. In November 1999, Council authorized the extension of the agreement to December 3 1, 2000 on the same terms and conditions with the exception that the rate was increased to $0.037 per 1,000 imperial gallons from $0.020. This was and has been the single highest rate increase for water supplied from the Musquash Watershed. Since the one substantial increase for 2000, Council has authorized the extension of the agreement each year with further rate increases to $0.038 for 2001 and to $0.040/1,000 imperial gallons which became effective July 1, 2003. The rate of $0.04/1,000 imperial gallons has remained in effect until December 3 1, 2005. For the period January 1, 2006 to December 3 1, 2007 the rate increased from $0.040 to $0.042/1,000 imperial gallons. This rate remained in effect for the January 1, 2008 to December 3 1, 2008. The Department of Natural Resources is currently considering transferring the Musquash Generating Station and the obligation to operate and maintain the dams and reservoirs to NB Power. It is expected that the transfer to NB Power will also include an assignment of the agreement regarding Musquash water supply between the Minister of Natural Resources and the City of Saint John. While negotiations continue, the Department of Natural Resources wishes to extend the original 1978 Agreement between the City of Saint John and the Minister of Natural Resources to December 3 1, 2009 subject to the following. The Province does not guarantee the supply of water in the event o£ - a failure an any component of the water retention and water delivery infrastn~cture in the Musquash watershed, - the need to draw down the reservoirs or shut off the water supply for reasons of public safety, or -anything that would affect potability. • the charge for the water will be raised by the increase in the Consumer Price index, which will up the charge from the current $0.042/1,000 imperial gallons to $0.044/1,000 imperial gallons. • the Province will be assigning to NB Power transferable riglrts under the agreement with the City, and if they conclude the transaction, future renewals and other dealings under the agreement would be with them; • the City apply to formalize its right to occupy Crown land by way of the water system infrastn~cture (piping, pumping station); • the parties to the agreement reserve the riglrt to terminate or transfer the agreement, upon giving each other at least three months written notice; 41 M & C 2008 - 380 December 18, 2008 Page 3 • the renewal agreement will include an attornment to NB Power; and • the parties acknowledge that some of the Musquash lands are protected lands under the Protected Natural Areas Act, S.N.B. 2003, c.P-19.01 and as amended. All other terms and conditions remain the same. FINANCIAL IMPLICATIONS The required water withdrawal from the Musquash watershed varies each year but averages around 1.85 billion gallons annually. At the new rate of $0.044/1000 imperial gallons, the annual funds required for the supply of water from the Musquash Watershed is approximately $81,400 per annum. The 2009 draft Water and Sewerage Utility operating budget includes fielding provision for the estimated withdrawal from the Musquash watershed. RECOMMENDATION It is recommended that Common Council authorize the extension of the agreement to draw water from the Musquash Watershed in accordance with the attached; and that the Mayor and Common Clerk sign the appropriate documents. Respectfully submitted, J. M Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager 42 EXTENSION OF THE JANUARY 1978 AGREEMENT BETWEEN THE PROVINCE OF NEW BRUNSWICK AND THE CITY OF SAINT JOHN WITH RESPECT TO DRAWING WATER FROM THE MUSQUASH WATERSHED Under the agreement dated January 1, 1978, between Her Majesty the Queen in the right of the Province of New Brunswick as represented by the Minister of Natural Resources on the first part and the City of Saint John on the second part, which was extended to December 31, 2007, we further agree: 1. to extend the term to midnight, December 31, 2009; 2. to reserve the right to terminate or transfer the agreement upon giving each other at least three month's written notice; 3. to increase the charge per 1000 imperial gallons of water from $0.0.42/1000 imperial gallons to $0.044/1000 imperial gallons effective December 1, 2008; and 4. that the Minister assumes no liability whatsoever for any reason, should water become unavailable to the City, including but not limited to the following: • in the event of a failure, for whatever reason, of any component of the water retention and water delivery infrastructure in the Musquash watershed; • if, in the opinion of the Minister, the water in any of the reservoirs has to be drawn down for repair and maintenance of the water retention infrastructure or for public safety reasons. 5. The Minister assumes no liability for whatever reason for potability of the water. 6. The City acknowledges that the Minister may assign its rights under the agreement to NB Power and hereby agrees to such assignment and on receipt of three months written notice the City will attorn to the rights of NB Power pursuant to such assignment. 7. The parties acknowledge that some of the Musquash lands are protected lands under the Protected Natural Areas Act, S.N.B. 2003, c. P-19.01 and as amended. 8. All other terms and conditions shall remain the same. SIGNED, SEALED AND DELIVERED in the presence of: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK Minister of Natural Resources PROVINCE OF NEW BRUNSWICK COUNTY OF YORK of the City of Fredericton, in the County of York and Province of New Brunswick, MAKE OATH AND SAY: 1. I am an employed with the Department of Natural Resources, and have a personal knowledge of the matter and things herein deposed to. 2. The within Instrument was executed by the Honourable Wally Stiles, Minister of Natural Resources, of the Province of New Brunswick; that the signature of Wally Stiles set and subscribed to the said Instrument as that of the Minister of Natural Resources is the signature of the said Wally Stiles and was subscribed thereto in my presence. SWORN TO at the City of Fredericton in the County of York and Province of New Brunswick this day of 2008 BEFORE ME: A Commissioner of Oaths PROVINCE OF NEW BRUNSWICK COUNTY OF I, Elizabeth Gormley, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the Clerk of the City of Saint John ("City of Saint John") and have a personal knowledge of the matters and things herein deposed to and have authority to make this Affidavit on behalf of the said City of Saint John. 2. That the Clerk and the Mayor are the authorized signing officers to execute documents in the name and on behalf of the said City of Saint John. 3. That the signature "IVAN COURT" affixed to the foregoing Instrument is the signature of Ivan Court, the Mayor of the said City of Saint John and the signature " " is in the proper handwriting of me this deponent, as Clerk of the said City of Saint John. 4. That the seal of the Corporation affixed to the instrument is the Seal of the City of Saint John and was affixed to the said instrument pursuant to a Resolution of Council. 4. The said Instrument was so executed by the said City of Saint John on the day of , 200 , as and for its act and deed for the uses and purposes therein expressed and contained. SWORN TO, BEFORE ME, at the City of Saint John in the County of and Province of New Brunswick, this day of 2008 . A Commissioner of Oaths, being a Solicitor New =~l~N~uveau ~~;~I~~ C ~~ ~1 ~. l~ :~ December 1, 2008 File No. 623 03 0004 Mr. Terrence Totten City Manager City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mr. Totten: Re: Water Sua~ly Ae~reement ("the Aareement") As you are aware, the Department is considering transferring the Musquash Generating Station and the obligation to look after the operations and maintenance of the dams and reservoirs to NB Power. !t is expected that the transfer to NB Power will also include an assignment of the agreement regarding Musquash water supply between the Minister of Natural Resources and the City of Saint Jahn. !t is our understanding that you are having discussions with NB Power in this regard. While the negotiations are taking place, we would like to extend the 1978 agreement between the City of Saint Jahn and the Minister of Natural Resources to December 31, 2009, subject to the following: • the Province does not guarantee the supply andlor potability of water in the event of: - a failure in any component of the water retention and water delivery infrastructure in the Musquash watershed, - the need to draw down the reservoirs or shut off the water supply for reasons of repair and maintenance or public safety, or - anything that would affect potability, the charge for water will be raised by the increase in the Consumer Price index, which will up the charge from the current $0.042/1040 imperial gallons to $0.04411{}00 imperial gallons, ../2 Natural ftesaurces/flessources naturelfes P.b.P3a:~fC,p.GQ00 ~redcrirtan Plc~~~~runsr~rick;Yl~u~rau~l~ui~SVncM ~}135Hi Ca~i~,da ~~, ~~~~ ~n+ww,gnb.ca 46 Mr. Terrance Totten December ~, 2008 Page 2 • we will be assigning to NB Power our transferable rights under the agreement with you, and if we conclude our transaction with them, future renewals and other dealings under the agreement will be with them; • the City should apply to formalize its right to occupy Crown land by way of the water system infrastructure (piping, pumping station); • the parties to the agreement reserve the right to terminate or transfer the agreement, upon giving each other at lease three months written notice; • the renewal agreement wilt include an attornment to NB Power; and • the parties acknowledge that some of the Musquash lands are protected lands under the Protected NafuralAreas Acf, S.N.B. 2003, c.P-~ 9.0~ and as amended. All other terms and conditions remain the same. If ynu agree with the terms of this renewal, please have the appropriate City Official sign the attached and return bath copies far the Minister's signature. One original copy will be forwarded to you far your records. Yours truly, i ,_~ t~ Ja~4et Higgins Assistant Deputy Minister BTSIvm Enclosure c.c; Paul Groody, City of Saint John Peter MacNutt, Director, Crown Lands ~3ranch 47 M &C - 2008- 379 December 22. 2008 His Worship Mai or Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Historic Places Initiative -Canadian Register of Historic Places - Phase 4 -Consultant Contract -Awareness In a report to Council in August it «as noted that additional funds to cans out research and other «ork for the Canadian Register of Historic Places had been received from the Heritage Branch. Province of Ne« Bruns« ick Department of Wellness. Culture and Sport. In October the contract for the Research portion of this «ork «as a« arded. This report is to recommend a« and of the contract for the Phase 4 -Awareness portion of this Registi-~ «ork. BACKGROUND: Canada's Historic Places Initiative -This federal initiative «as put in place in 1999 «ith the folio«-ing objectives: • To foster greater appreciation of historic places: • To strengthen Canada's capacity to take appropriate action to conserve and maintain the historical integrity of historic places: and • To provide financial incentives that «i11 make the preservation and rehabilitation of historic places more viable. Canadian Register of Historic Places -The register developed b~ federal. provincial. and territorial governments. provides on-line listings of formally recognized historic places across the counti~ . The register is located at «~«~ .historicalaces.ca and selves as a tool for Canadians to identifi and promote historic places in Canada. and for travelers to locate places of interest across the counti~ . It provides detailed information about historic places to planners. heritage professionals. polio--makers. developers. industi-~. community organizations. teachers and students. Fina11~ . it defines the places eligible for the Proi~ince of Neiv Brunswick Propert>> Tux Abatement Program. To be eligible for nomination to the Canadian Register of Historic Places. a historic place must: 1. meet the definition of an historic place: 2. be formally recognized b~ a federal. provincial. or local authority (such as being designated under our Heritage Conservation Areas B~_ 1a« or approved b~ Council): and 3. meet the required documentation standards. It is expected that the information on the Canadian Register of Historic Places «ebsite «i11 have an increasing influence on those making decisions regarding heritage tourism. a rapidly gro«-ing multi-billion dollar industi-~ . Therefore it is important that Saint John be «e11 represented. To date 376 properties in Saint John have been submitted to the Register. 48 December 19. 2008 ANALYSIS & STATUS: Page 2 The City Planning & Development Department «i11 initiate and oversee this phase of Registi~ «ork in conjunction «ith the City of Saint John Heritage Development Board. Councillor Snook is the Council appointee to the Heritage Development Board and he «i11 provide a liaison «ith Council. Components of the Awareness Contract The HDB have had a consultant prepare a draft Heritage A«areness Plan for the Saint John Heritage Program. Several components of that Plan «ere identified as being among the most effective for general promotion of heritage and specifically for the promotion of the Registi-~ Program. The Heritage Branch and the SJ Heritage Development Board «i11 cost share this effort at $10.000 each. The key components that the consultant «i11 be cari~ ing out include the folio« ing: • An onaoina ne« saaaer column and/or series of articles and aresentations This is seen as one of the best opportunities to explain and promote the Registi-~ as «e11 as heritage in general. take steps to dispel some of the heritage myths. and provide a series of helpful tips and eiplanations for o«mers doing «ork on their buildings «herever they may be in the city . It is seen as an opportunity to connect to the larger community . • Community sessions and / or BBOs /teas and «allcin~ tours This is an effort to bring discussion of heritage to a number of individual neighbourhoods «ith sessions planned for: Old North End. Lo« er West Side. Mount Pleasant area and the Central Peninsula north and east of Trinity Roy a1. At community sessions. an information table «i11 be set up «here attendees can pickup information on the Registi~ program and. if they «ish. also sign consent letters for their properties to be researched and placed on the Canadian Register. Steps in the process: • A Steering Committee has been created for the project. to include several members of the Saint John Heritage Development Board and Heritage Program staff. • A Request for Proposals «as tendered for an individual or firm to cari~ out Phase ~ - A« areness of the HPI Registi-~ of Historic Places «ork for Saint John • Five proposals «ere received: Derek Thurber. Heritage Consultant: McGale and Associates Inc.: Jo Anne Claus. Communications Consultant: The Wright Agency :and MT&L Public Relations Limited. • The Heritage Development Board has met to discuss the selection and make their recommendation. • The Heritage Development Board recommends that the contract be a«arded to Joanne Claus. Communications Consultant. «ho «i11 be assisted b~ David Goss and Joan Pearce. Sustainabilit~ Princiales Conformity /Ezistin~ City Polio- The project is in conformity «ith the City's Vision. Goals and the Sustainabilit~ Plan Objectives. 2. FinancialImalications The contribution for Phase ~ - A«areness from the NB Department of Wellness. Culture and Sport is $10.000. An additional matching amount has been allocated from the HDB 2008 budget. These funds «i11 cover all costs for the A« areness project to be carried out b~ the consultant. Any incidental expenses not covered «i11 come from eiisting budgetai-~ envelopes. 49 December 19. 2008 RECOMMENDATION: Page 3 It is recommended that the contract for Phase ~ - A«areness project for the Canadian Register of Historic Places be a« arded to Joanne Claus. Communications Consultant. for up to $20.000.00 and further that the Mai or and Common Clerlc be authorized to execute the necessai~ contract documents. Respectfully submitted. hen Forrest. MCIP. RPP Commissioner Planning & Development Terrence Totten. F.C.A. City Manager CLC 50 ~- B '~r1 REP~I~.T T(~ CoM.N~~N CC~U~ICIL M&C-2008-357 December 17, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Results of Proposal Call - 60 Canterbury Street (corner of Canterbury and Princess Streets) BACKGROUND: City of Saint john The City of Saint John owns a vacant property identified as civic #60 Canterbury Street (northeast corner of Canterbury and Princess Streets), also identif ed as PID #8979. For the past number of years, the Saint John Parking Commission has been utilizing the site for surface parking rentals for approximately 12-14 spaces. Due to a failing retaining wall on the site, this use has ceased. At its September 15, 2008 meeting Common Council approved the reconstruction of the above noted retaining wall. Also, in preparation of this report to Council, Real Estate Services acknowledged the upswing in the City's economic situation and the pending reconstruction of Princess Street in 2009, believed it was an appropriate time to offer this property for development in a Proposal Call. Council also approved this initiative at the same meeting. The attached Proposal Call document for b0 Canterbury Street was mailed to approximately 301oca1 developers/contractors that the City has dealt with over the past number of years. In addition, two advertisements were placed in a local newspaper along with advertisements in Moncton and Halifax. ANALYSIS: The Call for Proposals for this property closed on November 21, 2008. Two bids were received; one from Ellerdale Properties Ltd, and the other from Commercial Properties Limited. 51 Report to Common Council December 17, 2008 Commercial Properties Offer Page 2 As part of a submission, proponents were required to fulfil certain criteria, described in the Proposal Call document under "instructions to Proponents" {see attached). Under the above noted section, proponents were required to provide a plan along with information that would outline the development proposal for the subject property, including assurance for a successful completion date. Commercial Properties have included an elevation drawing for afive-storey commercial building, but have not included a site plan, and no start or completion date. Tn fact, they have indicated that the property would continue to be used as a surface parking lot for their tenants, until such time that qualified tenants are willing to sign long term leases to allow financing of the building. Commercial Properties has offered a purchase price of $200,000.00 for the subject property but have not submitted a deposit cheque in an amount of 5 per cent of the offer price, as required in the Proposal Call. Although the purchase price offered by Commercial Properties Limited is deemed by staff to be reasonable, the expectation is that this site would remain as surface parking for an unknown period of time. Therefore, the City would not see any tax benefit in the near future if this offer were accepted and this property would no longer be available to the City should a developer approach seeking an Uptown development opportunity. Ellerdale Properties Ltd. Offer Their proposal is to construct afour-unit, three storey townhouse development. The submission includes an attractive development that would contain on-site parking for each unit. They have submitted site, elevation and floor plans for this proposal. If their proposal were accepted they would start construction in the fall. of 2009. Ellerdale Properties Ltd. has offered a purchase price of $25,000.00 far the subject property. Their submission includes the required deposit of five percent of the offered price, as stipulated in the Proposal Call document. Staff believes this offer is well below the market value for this property. This is a prime commercial location, within the Heritage area of the Uptown. Redevelopment of Princess Street in 2009 and the upgraded Canterbury Street show a great curb appeal for this site. This property is situated in the "B-3" Central Business zone category, which does not permit residential units below the second storey of the building. As this proposal is for townhouse development, it would not be a permitted use in the "B-3" zone category. The reason for this zone standard is to protect the City's Uptown commercial core area along the streetscape so as not to erode its function as the commercial centre. A townhouse development on this prime commercial 52 Report to Common Council Page 3 December 17, 2008 site would be seen as an underutilization of the property. In addition, the offer of $25,000.00 for this property is substantially below market value. Results of Proposal Call Staff believes neither of the above two offers are acceptable at this time as discussed. If Council accepts the recommendation contained below, it would be the intent of Real Estate Services to continue to negotiate with both Commercial Properties and EllerdaIe Properties to allow them the opportunity to improve their offers, ensure a quality development for this site and to provide suitable start/completion dates for their development proposals. RECOMMENDATION: That The City of Saint John reject the proposals submitted by Ellerdale Properties Limited and Commercial Properties Limited for the property located at civic #60 Canterbury Street, also identified as PID Number 8979, pursuant to a Proposal Call issued by Common Council on September 15, 2008; and direct staff to continue discussions with the proponents and report back to Common Council. Respectfully submitted, ,~ Ken Forrest, MCIP, RPP and Terrence Totten, F.C.A. City Manager CL/c Attachment 53 PROPOSAL CALL Civic #60 Canterbury Street (Corner of Canterbury and Princess Streets) SAINT JOHN New Brunswick Sponsored by: The City of Saint John Real Estate Services 54 TABLE 01= CONTENTS VlSiON BACKGROUND PURPOSE OF PROPOSAL CALL iNSTRUGTIONS TO PROPONENTS SUBJECT SITE SERVICES RETAINING WALLS NEIGHBOURHOOD • The City of Saint John • CanterburylPrincess Streets Area • Neighbourhood Features APPENDIX { - Location P{an APPENDIX fl - Form of Proposal Sale and Development of Land 2 2 2 2, 3, 4 5 5 5 5, 6 55 VISION The City of Saint Jahn envisions the subject property to consist of a high quality commercial andlor residential development. The "Saint John Inner Harbour- Land Use Plan and implementation Strategy" has identified the quality of development must be sensitive to the architectural character of the surrounding area and must also be economically sustainable. BACKGROUND The subject property is located in the "heart" of the City's Peninsula and is within the City's Trinity Royal Heritage Conservation Area. Cri 2009, the Gity is planning to reconstruct a portion of Princess Street between the intersections of Prince William and Charlotte Streets. The street reconstruction will involve underground utilities, new municipal services, curb, sidewalk, landscaping and paving. The subject property is presently being utilized by Saint John Parking Commission as an interim use for the.rental of approximately 13 spaces. The parcel of land has an area of approximately 521 square metres {5,808 square feet} with an approximate street frontage of 31.4 metres {103 feet} along Canterbury Street and 18.6 metres {54.5 feet} along Princess Street. PURPOSE OF PROPOSAL CALL The purpose of this Proposal Gall is to initiate the re-development of the subject property. The Gity is interested in entering into a partnership with a private developer who will undertake the development of this property to a high quality standard, The terms and conditions of the partnership are negotiable. The guidelines are set out in the following section. INSTRUGTIONS TO PROPONENTS {1) The Proposal Call pertains only to the land owned by The City of Saint John, identified as PID Number 8979. {2) Proposals must be of sufficient detail, illustrating an implementation plan and give sufficient assurance of the successful completion of the re-development of the site. {3} The basic criteria for selecting the successful proposal will be as follows: 3.1 General acceptability of a conceptual plan, illustrating site details, including on-site parkins and landscaping, elevations of the new building, and a list of finishing material(s) for the exterior. z 56 3.2 Overview of how the proponent plans to promote the development, leasing or sale of the new building(s), 3.3 The experience and reputation of the developer and subcontractors. 3.4 The developer's financial background and ability to finance the required infrastructure improvements. 3.5 The best financial offer far the sale of the parcel owned by The City of Saint John. 3.6 The increase in the tax base. 3.7 The probable success of the development. (4) Proposal submissions must contain the following information: 4.1 Name of principals in the submission. 4.2 Proposed start and completion dates. 4.3 Price offered far the developable land, identified as PID Number 8979 awned by The City of Saint John. 4.4 Response to criteria in (3) above. 4.5 Details of at least three developments, which the proponent(s) has been involved with, to demonstrate the proponent's ability to carry out the development of this site. (5) The City of Saint John will review all proposals and are prepared to enter into an agreement with that developer whose presentation appears to be capable of realization. (6) The City of Saint John reserves the right to accept ar reject any or all submissions. The City also reserves the right to accept submissions, subject to modification or alterations of the development proposal contained therein provided these modif:ECations or alterations are acceptable to the proponent: (7) A site meeting will be held at 1O:DO a.m. on Tuesday, October 28, 2008, at civic #60 Canterbury Street (northeast corner of Canterbury and Princess Streets)_to answer questions that may arise after receiving the Proposal Call. (8) Proponents must submit i~ve (5) copies of their proposal. (9} Sealed proposals, clearly marked "Proposal Call: Civic #60 Canterbury Street" will be received unfit 4:30 p.m. Friday, November 21, 2D08. 3 57 Address to the attention of: Ken Forrest, MCIP, RPP Commissioner Planning and Development The City of Saint John 10th Floor, City Hail ~ 5 Market Square, Saint John, N.B. F2L 4t ~ (~ D} Faxed Proposals wlll not he accepted. 4 58 SUBJECT S[TE The subject property is located in the City`s Uptown Area in the "heart" of the City's Trinity Royal Heritage Conservation Area, The site has frontage along bath Canterbury and Princess Streets. The section of Canterbury Street abutting the subject property has been redeveloped for a number of years, including a reconfiguration of the travelled street along with curb and sidewalk, instilling a sense of revitalization for this area. The site is surrounded by heritage buildings enab-ing a desirable heritage character to the area. This street corner represents an ideal location for a mixed residential/commercial development, creating a great opportunii:y ror the successful candidate. The City of Saint John Zoning By-law has classified the subject property and surrounding area as being within the "B-3" Central Business zone category, This zone category allows far a variety of office/retaillservice/residential uses. SERV[CE5 The City is planning to redevelop a portion of Princess Street, located between the intersections of Charlotte and Prince William Streets. The street reconstruction will involve replacement of underground municipal services and the removal of above ground utilities and replacing them with underground infrastructure. In addition, this section of Princess Street will be resurfaced similar to Canterbury Street with the concrete curb and sidewalk slang with the brick detail to accent the sidewalk. During the reconstruction of this portion of Princess Street the City will be placing an underground conduit from Princess Street to the property line that will include A[iantlRogers and other public utilities. This conduit wil[ enhance redeve[apment of the subject property. RETA[N[NG WALLS There are two existing retaining wails an the subject property; one is located parallel to the south side property line with Princess Street and the other runs north to south along the east side property boundary. Both retaining walls are to be replaced within the next couple of months, prior to the sale of the property. This is a significant investment by the City. 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 largest city with a -population of approximately 75,D00 (metropolitan population of 125,000). Geographically, Saint John is Canada`s second largest city. Population wise, Saint Jahn is Canada's 24th largest metropolitan centre. 5 59 The City is driven by an economy in transition. The major economic sectors influencing the economy of Saint John are energy, manufacturing, health care, education, finance, telecommunications, port and tourism. Although traditionally categorized an industrial centre, the most recent employment gains have carne from the telecommunications, health care and energy sectors. (B) CanterburylPrincess Street Area Presently, the City is undertaking a significant investment in the revitalization of South-End Peninsufai which results in numerous development opportunities far this area. Located in the "heart" of the Uptown area, the site presents itself with a unique opportunity for providing a quality mixture of residential and commercial development. The development of this site, being within the Trinity Royal Heritage Conservation Area as well as near the working Port, provide a unique opportunity to capture these qualities in the development of this site. This site is less than a block away from the redevelopment of the highly acclaimed Centre Beam Place and only a few minutes' walk to the nearby Harbour Passage on Water Street. This site is only limited by its potential as viewed by the successful purchaser of this property. This desirable location, combined with renewed infrastructure, position this site as a prime, quality development opportunity, (C} Neighbourhood Features Elementary-Middle Schools: Prince Charles School - 10 minute walk; and King Edward School - 5 minute walk Senior High:Saint Jahn High, St. Malachy's High -- 3 to10 minute walk University: UNBSJ -~ 10 minute drive Walking Distance; City's Uptown, including a variety of shopping, restaurant and service activities, Canada Games Aquatic Centre, Market Square, City Market, New Bi-unswick Museum and Harbour Passage Walking Trail. Short Drive: Rockwood Park (2,OQ0 acres), Public Golf Course, public swimming and trail system, Cherry Brook Zoo, 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 Numerous public parks and recreational venues. 6 60 APPENDIX I 61 ,. ` Ad ty~~~f ~ Tug K`o~ st ,6 ~ ~ ~ r se ~ p i µ w + 4 W ri r~r, Market 54~ ~. m x ~A ~ r to ~~ e 6 ~ F u a' f ~ t 1I G~~S ~~~ ru0 Pt~n wbm~:~ .K to G +u '~ .a y +x Cf ti r y r 9~ +s ~ fr r* n ~~ y _ ~ a i ~ ~ a i ~ I» r+ Description o~ Pian: Proposal Call ~'or the sale and development of a City awned vacant property, N PID: 8979 ~ Address: Civic #~Q Canterbury Street Pan; N A Date: ~ I / October 7r 2ao8 62 APPENDIX ~1 63 FORM OF PROPOSAL SALE AND DEVELOPMENT OF LAND flute 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 an the property listing sheet..1Mle hereby offer the amount of $ -~ HST (if applicable) for the vacant lot, identifed as civic #60 Canterbury Street, also identified as PID number 8979, as generally shown on the attached plan. 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. IlVlle propose to useldevefop the subject land as follows: Construction as proposed above shall commence on or before: COMPANYIINDIVIDUAL: NAME {PRINT}: ADDRESS: SIGNATURE: TEL. NO.: DATE: FAX NO.: BID DEPOSIT ENCLOSED 5°/a OF BID PRIGS: 64 ~ ~. '~ ` REPORT Td COMN~ON COUNCIL M & C -2008-386 December 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Counsellors: SUBJECT: Amendment to the Saint John Heritage Conservation Areas By-law BACKGROUND: City of Saint John Counci] previously endorsed the recommendations of the By-Law Review Committee and referred these recommendations to the City Manager and the Heritage Development Board for implementation. One of these recommendations was that the City should expand heritage designations to new areas or buildings. ANALYSIS: The HMCS Brunswicker (Building #36) was built by the Royal Engineers in 1841-42 as the British Military Ordinance Store. It is the only building in the South End surviving from the period of British Military occupation. The building is constructed of local stone with a symmetrical arrangement of windows which is reinforced by the placement of dormers on the copper mansard roof The letter from the owner requesting designation under the Heritage Conservation Areas By-Law is attached along with the Heritage Character Statement. The building has been declared surplus by the Department of National Defence and is now for sale. The current owners wish to make designation as a heritage building a condition of the Purchase and Sale Agreement. RECOMMENDATION: It is recommended that the Common Council authorize advertisement and set a public hearing date at 7:00 p.m. on Heritage Day, February 16, 2009 in the Council Chamber, for consideration of the proposed amendment to the Saint John Heritage Conservatian Areas By-Law. Respectfully Submitted, 65 City Manager Heritage rle~ei€r~nzent ~trard I'. O. Bo:~ 1471 SOb 65~-2335 Saint .Dohn, i~i~ 50G ~55~2837 {fax) Canada E2L =1L1 piannin~;u.saint,jatir~.ca December 18, 2008 His Worship Mayor Ivan Court And members of Common Council Your Worship & Councillors: Re: Amendment to the Hexatage Conservation Areas By-Law The report from the City Manager recommending heritage designation of the f~~~t~er HMCS Brunswicker (Building #36}, reflects the opinion of the members of the Heritage Development Board and staff The proposed amendment to the By-Law is consistent with the rec.,~~u~~endations from the Heritage By-Law Review C~~~u~Fittee which included extensive input. from the citizens of Saint Jahn. The Heritage Development Board has reviewed the request by the owners to designate the former HMCS Brunswicker, Building #36 on Sydney Street, under the Saint Jahn Heritage Conservation Areas By-Law. In particular the Board noted that this structure, built in 1841-42 as the British Military Ordinance Store, is the only building in the South End which survived the Crreat Fire of June 20, 1877. The Heritage Development Board is pleased to enthusiastically endorse the amendment to the Heritage By-Law, to designate the former HMCS Brunswicker, Building #36, and look forward to speaking in favour of adoption at the public hearing, which we hope can be scheduled for Heritage Day on February 16, 2009. Sin ely, ~'~ Bob McVicar, Vice Chair Heritage Development Board 66 k 1 Public Wnrks anti GavernmenY Services Ganada Atlantis R2gipn P. a. box 2247 Halifax, N.S. B3J 3C9 December 16, 2008 Travaux publics et Services gaurverneme~#aux GanacEa RE,gion do 1'Atlantique C.P. 2247 Hafi£ax (N.-~.) S3J 3C9 Mayor Ivan Court and Members pf common Council PO Bax 1971 Saint John, N_B. E21.4L1 Yaur Worship and Members of Council, ~~ Subiec#. HMCS Brunswicker. Bui[[titl[s No. 3f>. Svdnev Street-Heritage The property known as HMGS E~runswicker is presently a Federal Heritage Property. You may be aware that this building is surplus to faders[ requirements. The HMGS Brunswicker (building ~ 36} was built in 1841-42 as the British Military Ordnance Store. The property is architecturally and cu[turaily significant_ It is the only structure in the Lawer Cove -Barrack Green area which Ytas survived from the period of British military occupation and clearly demonstrates a classic idiom of that period. Enclosed is the Federal Heritage Character Statement. This letter is to formally request that the building be designated under the Saint John Heritage Conservation By-law Areas to ensure that appropriate conservation activity is carried out. Looking forward to your reply. Yours truly, Jo21n Parsons Doehler Joan Parsons poehler, B.ARCH, MURP F~eal Estate Services 9Q2-496-5244, fax 902-496-5276 joan. parsonsdoehier@pwgsc.gc.ca joan.parsonsdoehier a~tpsgc.gaca 1713 Bedford Row, Halifax, N.S. B3J 3G9 1713 Bedford Row, Halifax, {N.E.} B3J 3G9 Public Works anti Gc~vsrnment Services Canada Travaux publics et Services govvernementaux Canada Car~adpa 888-~ ti0A/ZOO~d 8Z8=1 67 ..wo~~ ~dZV~ZI 8002-81..o~q Heri#age Character Statement Saint Jahn, Ncw Bnuaswick HIVZCS Brunswicker (Building #~6) Sydney Sheet I~ERIT,AGE CHARACTER STATEMENT The HMCS Brunswicl{er (Building #3G) was built In 1$41-42 as the British Military Ordnance Store. Gaptairi I3attersbea superintended the structure's construction 6y the Royal Engineers; Calancl Rice-Jones, K.H. acted as Commanding Royal Engineer and James Calder and Charles E. ford signed the drawings. The building was extensively altered early in this century, probably ix~ I9l l to coincide with the construction of a new Ax~maury. These alterations increased its lcrxgkh by a tl~i;rd, and transformed the roof tv a mansard form. The HMCS Bxunswickcr, which currently houses the Saint John Naval Reserrre Unit, is the property offne Department of National Defence_ See l 1:ISRC3 Buildil3g Report 87-105. Reasons fox Designation Tkie HMCS Bru#iswicker was desigi~.ated Recognized primarily for its historical aS50Giat10x15 and lt5 architectural SigCil~.'JC~.YZGe. The building is tl7e only structure on the I.,owex CoveBarrack Groan site which has survived from. tkie period oi`British Military occupation. The building is a good example of a utilitariaiz structure designed in the classical idiom of its period. Executed in sturdy, workmanlike masonry, the character of the building ~rvas maintained in the design, of its later extension. The design of t)zis extension is a good example of haw changing functional needs can be accommodated within a sympathetically designed form. ArnQng its environmental attributes, the structure plays a strong supporting role in defining the character of the >3arrack Crreen Armoury Site. Character Defining Elements The character of the HMCS Bivnswiclcer lies primarily iri its simple rectangular forn1, sturdy masonry construction, and the regularity of its fetiast~r~.tion_ 2 Sault John, New J3runswiclf HMCS Brunswicker (Building X36) (Continued) The building is a lori~, two-storey, mansard-roofed form, executed in irregularly coursed limestone ~ sand, regular anal devoid of decoration. The symmetrical arrangement of the fenestration of the original seven-bay block survives intact although extended by the addition of three regularly spaced mays. The z egularity and symmetry of the facades is further reinforced ixi the placement of the dormers i1~ the xriansard roof. RECCnt minor alterations have undermined the regularity of the facades - the south end dormer; the doubling of the opening of the upper storey west facade, sou#hern4lnost window; and various door/wz~rdow reversals. All these have ~na~t~r~d the camplcmcntary design of the 988-~ ti00/£OQ~d £ZB-L 68 _woaj wdZti:Zl BOQZ-BI-~aQ building's two periods. i`Zeversal of these alterations would considerably enhance thecharacter oi`the building.Tl~e regular stonework ol= the original structure and addition, and its simple embellishing details -corner quoins, prominent window sills and lintels and segmental arched door openings should be maintained, The pedixnented gables of the mansaxd's dormers, play an important role in establishing the building's classical "hat." These should be xn.aintained.Thebuildiog's window units should be maintained in planned irn~rovcrnents, as sho~zld its capper sheet and batten roof. 1991.025 ess-~ vaa~~~o-d ~xa-1 69 -woad ~~tti~a~ soaZ-~G-yea SAINT JOHN PORT AUTHORITY r' ,' 1 l ~. ~,_ '_, s SAINT JOHN ADMIiv'fS'T'[2,~1T~lON POCK"IUAIRE llESAIti'l' lOHN December 19, 2008 Mayor Ivan Court and Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Dear Mayor Court: RE: Appointee to Board of Directors of Saint John Port Authority This is to inform you that the second term of Edward A. Farren on the Board of Directors of the Saint John Port Authority expires on May 8, 2009. In accordance with the legislation directors are currently eligible to serve two renewal terms. Mr. Farren has served one renewal term. This notice is given in accordance with the provisions of the Canada Marine Act and the Letters Patent of the Saint John Port Authority and provides you with the required four months notice of this expiry. We request the City of Saint John appoint a director to the Saint John Port Authority, to serve for a minimum of three years, no later than May 8, 2009. For your guidance, we enclose Sections 14-16 of the Canada Marine Act and Article 4 of the Letters Patent that set out the criteria for eligibility of Board members. Also attached is a Ijst of continuing Board members and the expiry of their terms. If you require any further information, please contact the undersigned or Paula Small at the off ces of the Saint John Port Authority, Once you. have made your appointment piease advise us. Sincerely, SAINT JOHN PORT AUTHORITY ~~ ~~ ~ Stephen D. C pbell Chair, Governance Committee Encl. cc Minister of Transport Governor-in~Council Canada 133 Prince William Sweet, 5~ Floor 15e eta~e Saint John ' NB Canada E2L 2B5 TeI I Tel: 506.636.4869 Fax 1 Telec: 506.636,4443 E-mail / Coutriel: pot~tC~sjport,com wvvw.sjportcom 70 CANADA MARINE ACT EXCERPT SEC~r~orls 14-16 DIRECTORS Annointment of directors 1~4. (1) The directors of a port authority shall be appointed as follows: (a) the Governor in Council appoints one individual nominated by the Minister; (o) the municipalities mentioned in the letters patent appoint one individual; {c) the province or provinces mentioned in the letters patent appoint one or two individuals as mentioned in the letters patent; and {c~ the Governor in Council appoints the remaining individuals nominated by the Minister in consultation with users selected by the Minister or the classes of users mentioned in the letters patent. Directors appointed by provinces and municipalities (l.l) The Governor in Council may appoint a director under paragraph (1)(b) ar (c} who has been nominated by the Minister if the position has been vacant far more than one year. Tenure of office (2) Directars are appointed to hold office for any term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors, the terms being renewable twice only. Maximum term of office (2.1) A director shall serve no more than nine consecutive years on the board. Effective day of ant~ointment {2.2) A director's appointment takes effect on the day on which notice of the appointment is received by the part authority. Extension of term 1998, c. 10, s. 1G; 2003, c. 22, s. 113(E); 2008, c. 21, s. 11. 71 (2.3) Subject to subsection (2.1 }, if a successor has not been appointed at the expiry of a director's term, the director continues to hold office until their term is renewed or their successor is appointed. Directors appointed by municipalities and provinces (2.4) Subject to subsection (2. I) and despite subsection (2), the term of office of a director appointed under subsection (1.1 } to fill a vacant position under paragraph (1)(b} or (c} expires on the day on which a director is nominated under that paragraph. Not eligible (3) No person is eligible to be appointed as a director within twelve months after the expiration of their term or renewed term. Part-time (4} The directors are appointed to serve part-time. Remuneration (5) The board of directors shall fix the remuneration of the directors, the chairperson and the chief executive officer. Ouorum (6) Subject to the letters patent, a majority of the directors in office constitutes a quorum at any meeting of directors and a quorum of directors may exercise all the powers of the directors. 1998, c. 10, s. 14; 2008, c. 21, s. 10. Experience 15. (1}The directors of a port authority appointed under any of paragraphs 14{1)(a) to (c) shall have generally acknowledged and accepted stature within the transportation industry or the business community. Knowledge or experience {2) The directors of a port authority appointed under paragraph 14(1){c~ shall have generally acknowledged and accepted stature within the transportation industry or the business community and relevant knowledge and extensive experience related to the management of a business, to the operation of a port or to maritime trade. Persons excluded 1998, c. I0, s. 16; 2403, c. 22, s. 113(E); 200$, c. 21, s. 11. 72 16. The following individuals may not be directors of a port authority: (a} an individual who is a mayor, councillor, officer or employee of a municipality mentioned in the letters patent; (b} an individual who is a member of the legislature of a province, or an officer or employee of the public service ar of a Crown corporation of a province, mentioned in the letters patent; {c} a Senator ar a member of the House of Commons; {c, l) an officer or employee of the federal public administration, afederal Crown corporation or a port authority; (d) an individual who is not a resident Canadian, as defined in subsection 2(I) of the Canada Business Corporations Act; (e} an individual who is a director, officer or employee of a person who is a user of the port; {f) an individual who is under eighteen years of age; {g) an individual who has been declared mentally incompetent by a court in Canada ar elsewhere; or (h) an undischarged bankrupt. 1998, c. 10, s. 16; 2003, c. 22, s. 113(E); 2008, c. 2X, s. 11. 73 SAINT JOHN PORT AUTHORITY -LETTERS PATENT EXTRACT (Note: The Letters Patent are currently under review for amendment to align them with the Canada Marine Act amendments. In particular this affects Article 4.8 which has been changed to allow for two renewal terms.) ARTICLE 4 DIRECTORS AND DIRECTORS' MEETINGS 4.4 General Duties of the Board, The Board is responsible for the management of the activities of the Authority. 4.2 Qualifications of Directors. The following individuals may not be directors: (a) an individual who is a mayor, councillor, officer or employee of the municipality described in subsection 4.6(6} below; (b} an individual who is a member of the legislature of the province of New Brunswick, or an officer or employee of the public service or of a Crown corporation of the province of New Brunswick; (c) a Senator or a member of Parliament or an officer or employee of the federal public service or of a federal Crown corporation; (d) an individual who is not a resident Canadian, as defined in subsection 2(1) of the Canada Business Corporations Act; (e} an individual who is a director, officer or employee of a person who is a user of the port; (f) an individual who is under 18 years of age; (g) an individual who has been declared mentally incompetent by a court in Canada or elsewhere; or (h) an undischarged bankrupt. 4.3 Number of Directors. The Board shall consist of seven (7} directors. 4.4 Quorum for Meeting of Directors, The quorum necessary for the transaction of business at a meeting of the Board shall be a majority of the number of directors in office of which the Authority has actual knowledge of their appointment. A quorum of directors may exercise all powers of the Board. 4.5 Effective Date of Appointment. The appointment of a director shall be effected in such manner and at such time as the Appointing Bady considers appropriate. 4.6 Appointment of Directors. The directors of the Authority shall be appointed to hold office as follows: (a) the Governor in Council appoints one individual nominated by the Minister; Saint rohn Port Authority -Letters Patent Extract (Article 4) Page 1 of 5 74 (b) the Gity of Saint Jahn appoints one individual; (c} the province of New Brunswick appoints one individual, and (d} the Governor in Council appoints the four remaining individuals nominated by the Minister in consultation with the users selected by the Minister or the classes of users. 4.7 Terms of Directors. The term of each director shall be three (3) years; provided, however, that: {a}the initial term of the nominee of the province afi New Brunswick made pursuant to subsection 4.6(c} shall be for a period of two years; (b} the initial term of the nominee of the City of Saint John made pursuant to subsection 4.6{b) shall be for a period of one year; and (c) the initial term of two of the remaining individuals nominated by the Minister and appointed by the Governor in Council pursuant to subsection 4.6(d) shall be: (i) for one of the nominees, a period of two years; and {ii} for one of the nominees, a period of one year. A director appointed to fill a premature vacancy on the Board shall be appointed by the Appointing Body appointing her or his predecessor and shall hold ofhce for the unexpired term of her or his predecessor. 4.8 Renewal Term. The term of a director may be renewed once only; no person is eligible to be appointed as a director within 12 months after the expiration of their term or renewed term. 4.9 Geasing to Hoid Office. A director shall cease to hold office when: (a} the director dies or resigns; (b) the director is removed for cause pursuant to the provisions of paragraph 19(1 }{b) of the Act; (c) the director is no longer qualified to hold the office of director under section 4.2; or (d) the term of office of the director expires. 4.10 Resignation of Directors. A director may resign his or her office as a director by sending to the Authority a wri#ten resignation which shall became effective on the date received by the Authority or on the date specified in the resignation, whichever is later. 4.11 Removal of Directors. Any director may be removed for cause at any time pursuant #o the provisions of paragraph 19(1){b) of the Act. 4.12 Remuneration of Directors and Chief Executive Officer. The Board shall fix the remuneration of the directors, chairperson, vice-chairperson and the chief executive officer of the Authority. Saint John Port Authority -Letters Patent Extract (Article 4) Page 2 of 5 75 4.13 Chairperson and Vice-Chairperson of the Board. The board shall elect a chairperson from among their number. The Board may elect avice-chairperson from among their number who chaff actin the absence of the chairperson. 4.14 Appointment of Officers. The Board shall appoint a chief executive officer, who shall not be a director, and such other officers that the Board considers appropriate. 4.15 Committees of the Saard. The Board may appoint from their number one or more committees of the Board, however designated, and delegate to any such committee any of the powers of the Board except the Board shall not delegate to any committee the power to: (a) fill a vacancy in the office of the auditor of the Authority; {b) issue debt obligations except in the manner and on the terms authorized 6y the Board; (c} approve the audited financial statements of the Authority; (d) adopt, amend or repeal by-laws; or (e) authorize or ratify any activity carried on or to be carried on or any power exercised or to be exercised by a Subsidiary. 4.76 Appointment of Governance Committee. The Board shall appoint from their number a committee (the "Governance Committee") comprised of not less than three directors. 4,17 Mandate of the Governance Committee. The Governance Committee shall perform the folPawing functions: (a) manage the administration of the Code of Conduct; (b) develop and annually update along-term plan, including recommendations to the board, for the composition of the Board, in terms of the optimal combination of skills, background or experience, which plan shall take into consideration the skills, background and experience of existing directors, retirement dates and the strategic direction of the Authority; (c) at least four months prior to the expiry of the term of a director appointed by the Governor in Council under subsection 4.6(a), by the municipality under subsection 4.6(b) and by the province under subsection 4.fi{c), of these Letters Patent, provide notice to the relevant Appointing Body, that the term of its appointee on the Board is about to expire and requesting an appointment; {c~ at least four months prior to the expiry of the term of a User Director, provide notice to the Minister with a copy to the Nominating Committee that the term of such director is about to expire and requesting an appointment; (e) provide to the Nominating Committee and to each Appointing Body the notice described in subsection 4.17(c) above,. a current copy of the plan and recommendations described in subsection 4.'f7(b) and also provide a profile of the skills, background and experience of the continuing directors; (t) in the event a User Director ceases to hold office, the Governance Committee shall forthwith provide to the Minister and the Nominating Committee, and if any other director ceases to hold office, the Chairperson of the Board shalt forthwith provide to the Appointing Body, a written Saint John Port Authority -Letters Patent Extract {Article 4) Page 3 of 5 76 request for a new appointment to fill such vacancy together with a copy of the plan and recommendations described in subsection 4.17{b) and the profile described in subsection 4.17{e); {g) review and make recommendations regarding directors' compensation. 4,18 Nomination Process for User Diirectors, The classes of users established far the purpose of providing nominations for directors are listed in Schedule D. A permanent Nomina#ing Committee steal! be formed by having each class of users specified in the Letters Patent Schedule D (Classes of Users) of the Authority appointing one person from that class of users to sit on the Nominating Committee. The Nominating Committee shall be comprised of four members, one from each class of user. The chief executive officer of the Authority is not a member of the Nominating Committee, however, the chief executive officer ar such other person who may be designated by the Board in the absence of the chief executive officer will provide administrative support to the Nominating Committee and the nomination process. The initial members of the Nominating Committee will be comprised of the five members of the Part Advisory Committee who were not directors of the Saint John Port Corporation immediately before these Letters Patent took effect. If there is a vacant User Direc#or position (or an anticipated vacancy} for a particular Class (far any reason), the chief executive officer of the Authority shall coordinate the development of a fiull candidate list (and, if necessary, a short candidate list) by administering and facilitating the following process in a timely manner so as to ensure that the length of any User Director vacancy is minimized: (a} contact the members of the appropriate class of users in consultation with the Nominating Committee by any methods} the chief executive officer deems appropriate with a view to inviting candidate submissions for the User Director vacancy; a nomination must include the curriculum. vitae of the nominee together with qualifications and confirmations of acceptance of the nomination and willingness to serve an the Board; {6} compile a fuEl candidate list of al[ candidate submissions received, ensuring that there is a minimum of two candidates and a max[mum of four candidates, for each vacancy; {c) in the event the full candidate list contains five (5) or more candidates the Nominating Committee will develop a short candidate list of four (4} candidates by determining which candidates most closely correspond to the requirements mandated by paragraph 15(2} of the Act {c~ the Nominating Committee shall be responsible for receiving and reviewing nominations from the appf[cable class of users, far developing a short list of candidates if necessary, for ensuring that the nominees have the skills, background, and experience required of directors of the Authority, for ensuring that the nominations are consistent with the requirements for drectors as specified in the Act, and for forwarding said nominations to the Minister; {e) the Nominating Committee shall provide the Minister with a full candidate fist (unless a short candidate list was created in which case the short candidate list shall be provided) of persons to be nominated to the Minister to fill the User Director vacancies; (t) adopt and follow such other procedures, including advertising by public notice, as the Nominating Committee, in its discretion, deems appropriate to solicit candidate names. 4.79 Scope of 1Process. Nothing in the process described in section 4.18 is intended to or shall derogate from, interfere with, or substitute for, any consultation, inquiry, public input or process the Minister chooses to undertake in determining the candidates to be nominated by the Minister pursuant to provisions of paragraph 14(1)(4) ofi the Act. The Minister, in consultation with users, shall at all times have the flexibility and discretion to nominate as User Directors persons other Saint John Port Authority -Letters Patent Extract (Article 4) Page 4 of S 77 than those persons recommended by the Nominating Committee to ensure an appropriate mix of Board members at all times. Saint yohn Pori Authority -Letters Patent Extract (Article 4) Page 5 of S 78 SAINT 30HN PORT AUTHORITY BOARD OF DIRECTORS Edward Farren 2°d Term, expires May 8, 2009 City Nominee Stephen D. Campbell lst Term, expires December I7, 2009 User Group 2 Nominee Arthur T. Doyle l St Term expires April 29, 20 I 0 Provincial Nominee Wendy L. McGee 1St Term expires June 26, 2010 User Group 3 Labour Nominee Peter Gaulton 1St Tenn, expires May 29, 2011 Federal Nominee Donald Hall 1St Term, expires May 29, 2011 User Group 4 Nominee Ted Flemming 1St Term, expires May 29, 2011 User Group 1 Nominee December 3, 2008 79 M&C #2008-388 December 19, 2008 His Worship Mayor Ivan Court And Members of Comuaon Cou~acil Your Worship and Members of Council: SUBJECT: LHNID ADVENTURES As Council was previously apprised, LHMD Adventures, Operators of the Rockwood Park Barns and Stables, had sought payment from the City under the License Agreement. Their claim was based on a clause in the agreement that they contended would have the City reimburse them approximately $35,000 far those days that they were unable to carry out business activities in the park due to trail closures and explosions in the park associated with the construction of the natural gas pipeline. With the assistance of the City's Legal Department, a proposed settlement has been agreed to by the Operator and is now subject to Council approval. RECOMMENDATION: That Common Council approve the proposed settlement as contained in the letter and that the Mayor and Common Clerk be authorized to execute the necessary documentation provided by the Legal Department. f~ Attachment 80 CITY MANAGER The City oP Saint John Francois M. Beaulieu Direct Line/Ligne directe: (5061648-3711 Te[ecopier/Telecopieur: (506) 649-7939 PmaiL`Coumei: francnis.treaulieu@sasntjohn.ca Our File No.: 553 I-VITRO UT PREJUDICE December 11, 2008 Ms. Lees Doley Rockwood Stables P.O. Box 686 Saint Jahn, N. B. E2L 4A5 Dear Ms. Doley: Re; LHMD Adventures -License Agreement -Rockwood Park Further to your telephone conversation with Mx. Totten, we wish to confirm that in addition to our all inclusive settlement proposal of $16,3 86.90, we are prepared to waive the requirerrlents of clause i 1(g) of the License Agreement of October 24, 2005 which states as follows: "1 I. The Licensee hereby covenants and agrees with the Licensor as follows: (g) that it shall purchase the inventory as stated in Schedule "D" [attached hereto] prior to the termination of this License. The fatal amount payable under Schedule "D" is $3,941.75." [Oux emphasis] We are unaware if the settlement offer of $16,386.40 is subject to the Harmonized Sales Tax and would ask you to verify with an account. We will not accept any other counteroffers to the following settlement proposal. As stated in our correspondence of December 4, 2008, this settlement offer is subject to Common Council's approval and your execution of a Release. /r SAINT JOHN P.O. Box 7 471 Saint John, NB Canada E2L 4!1 + wwwsaintjohn.ca I C.P. 1971 Saint ]ohn, N.-B, Canada E2L 4L1 --tip 81 Ms. Lees Doley December 11, 2008 Page 2 Re: LHMD Adventures -License Agreement -Rockwood Park Yours truly, Pran~ois M. Beaulieu Sfllicitor Enc. cc. Terry Totten, City Manager 82 License Agreement The City of Saint John and Lees Do(ey As of June 1, 20D5 Page 12 of 13 SCHEDULE "D" ~ 1 set cross reins, Tally-Ho 1 wagon wheel ~ 2 neck yoke straps ~ 1 box hoof lifts ~ 3 boxes rivets ~ 16 hoof pads 1/2 bucket hoof packing Semi-Total: ROCKWOOD PARK HORSE BARNS INVENTORY OF DISPOSAL ITEMS .Item Lot #1 price 1 hay fork 2 manure forks 1 plastic scrub bucket 1 metal scrub bucket 1 wheel barrow 6 wagon seat pads 2 aluminium shovels 1 plastic bucket 2 plastic shovels 2 body scrapers 1 crass bit 1 pair shoeing cutters Semi-Total: 1 anvil 2 shoeing stands I set shoe pullers 1 hoof rasp 1 shoeing knife 1 caulk punch Semi-To#al: Lot #2 Lot #3 ~ 61.5Q 160.25 I34,SQ 83 License Agreement The City of Saint John and Lees Daley As of June 1, 20D5 Page 13 of 13 Lot #~ 4 bridles ~ 6 set harness 2 belly britches 3 harness straps 2 show nightingales ~ 4 collars 4 collar pads ~ J set tally-ho spreaders ` 2 regular yokes 2 sleigh spreaders 3 wagon Spreaders 2 regular blankets ~ Semi-Total; Lot #5 I sleigh 1 wagon Semi~Total: J Lot #6 1 Percheron (Jill) 1 Belgian/Cross (Jason) Semi-Total: ~ Total; Miscellaneous ;items: 3 cunt' combs 3 body brushes ~ 6 fire extinguishers 1 desk 3 chairs 1 1 table i 1 set of drawers ~5emi-Total: 716.25 525.00 1,20D.00 1,000A0 $2,200.00 53,797.50 1 144.25 - 84 Saved (and c $g4 Lives November ~ January ,.. .. .j ~E~~~E LE~~E i S.1P`R~" ~ntr~ a .ra i . Stand'a1One "", r cia- rovin no national °r F• i .. .~. E~~~E LE~UE p F1ome-9roWn Solut '~, a'nt john «origina S •A bushed in 19~ 3 • Esta ~ ~n_nrofit o g6 ~. .~ .~ ~._ SJARL is not the SF One of these things is not like the SJARL Stray & surrendered animals Only exists in Saint John -not national, international, etc. SPCA Neglected & abus National and int• affiliatior • Both animal welfare organizations, but same! • Funding one does not fund the othe ~~ ,: ... ~. ANIMAL I~E~UE LEAIJE 87 i~ Inhouse Sleep, 1441, 48% DOA/ Owner Requested Sleep, 561, 18% Claimer Owner, 3% ed, 800, 26% ~~ ,~ ., ~• ANIMAL I~E~UE LEAS 88 i~ Other, 101, Wildlife, 68, 3% 2% ~~ ~~,~ SJARL Core Servic The Day-to-Day of Saving Lip • Care for all stray and surrenderec companion animals in the Saint J Community (not just dogs and ca -Rescue - Medical care - Housing - Food - Exercise - TLC, etc. ~~ ,: ... ~. ANIMAL I~E~UE LEAIJE 89 i~ .. ~ ,~. .-. ru~ G~ SJARL Core Servic The Day-to-Day of Saving • Permanent adoption service • Temporary foster care • Animal control services & byl enforcement • Certified wildlife officer & sea rescue (DFO) ~~ ~: ... *. ANIMAL I~E~UE LEAIJE 90 i~ orcemeni "' Enf Control BY-law a .ra i related c°--~N.__- . tarn city rep°rds nlla-n F• i .. .~. E~~~E LE~UE cols of the city f or • ~a~~y pat services . pet licensing to ti ate I resp°nd • Ines g _.Mn~aints g1 ~. ~~~ ,. ~~~ Enforcement of the An Control By-law • 2008 Year to Date Animal Intake: 1,34, - Approx the population of Norton, NB in onE • 2008 Year to Date Complaints: 253 • 2008 Year to Date Call Responses: 4,F • Provide care and housing of: - Stray dogs for 48hrs - Stray cats for 24 h rs • Where would all of these animals gc the SJARL shelter and staff? ~~ ,: ... ~. ANIMAL I~E~UE LEAIJE 92 i~ • Free missing pet service • Owner-requested euthanization & cren • Spay/neuter & first check-up vet progr~ • Assistance to SPCA in large seizures • Assistance to SJ Police in drug raids • Emergency Management Organization ~~ ,: ... ~. ANIMAL I~E~UE LEAIJE 93 i~ ~. ~~~ ,. .~ .m Services What we give to our commui SJARL - Communi~ Society) • Elementary & middle school educ programs • Assistance for low/fixed income c • Seniors Helping Seniors • Outreach programs (ex. John Ho owners • Emergency shelter program (ex. House) ~~ ,: ... *. ANIMAL I~E~UE LEAIJE 94 i~ ~. ~~~ ,. ~~.~ .m SJARL Funding Mo What our community gives tc Fund Beq~ Don $ 493,4 Anii $126,284.00, 17% Misc, $24,231.00, 3% $105,976.00, 14% Total Revenue 2007 = $762,: ~~ ,: ... *. ANIMAL I~E~UE LEAIJE 95 i~ ~. ~~~ ,. ~~.~ .~ .m SJARL Funding Req What we ask of you • $80K operating funds for: - Outdoor pen improvement (increase anima eliminating existing annual flooding) - New /gently-used computer system (reduc downtime related to admin and refocus tim care) - Vehicle improvement (add and equip new used vehicle for animal control and rescue, - Air extractor system (save more lives byre spread of disease) • continued support of the Animal Contrc contract ~~ ,: ... ~. ANIMAL I~E~UE LEAIJE 96 i~ Adopted 2241 74% ~~ ,~ ,.. ~• ANIMAL I~E~UE LEAIJE 97 Claimed by Owner 84 3% vvi ~i vvv~i Requester Sleep 561 18% i~ ~. ~~~ ,. ~~.~ .m SJARL Future Future trends -some food for tr • Economic downturn: proven inc in stray pets resulting from mortg foreclosures/job-loss • Energy mega-projects: proven increase in stray pets resulting fry transient workforce • We are likely to continue to incr our animal intake every year ~~ ,: ... *. ANIMAL I~E~UE LEAIJE 98 i~ ~. ~~~ ,. ~~.~ .~ .m SJARL Summar} • Every other household has apet- as c community grows, so will this populatic • With enhanced support and minima from the City of Saint John we can: - Save more lives (reduce disease spread) - Make our community safer (SJ Police, EM( - Make our community healthier (animal con - Continue to assist vulnerable residents (co low/fixed income support programs) - Give back to the community (education anc programs) • Supporting the SJARL SAVES LIVE; ~~ ,: ... ~. ANIMAL I~E~UE LEAIJE 99 i~ ~`' to licsgon four a Zoning BY-law Ame~admeQt L F~ Uemande de ldnodi5cation ~ 1'arret~ sur le nonage Appliet~di Rested In~ormstion / Reegei~tneltoe~nts ser le de~ns~ndear x~ a ~~ i tram du ec~ __ f .~ ~ v~3r~~7~lr~ /~ of ~c ~,~,~J ~~~o Mailing Address of applicam / Addressc gosta]c da detnamdeur 'T~f ~f~rP1~~ /]F/~L . ~,t ~?~ IO r7 ~il~-~ni~ Jfi,~~~ fJr~,~l Pj Posta- Code / Cade postal ~3~. SBa2 Telephone N~ber / Nan de t~Ephone ~d ~ ' ~ 3 5 - IDtl D D xc~e ~ Da~micilc rj o ~ - ~3Z- Sz ~ i work r T~vml SQ/~ Fax x~her 1 NumEro do ttlE~aapiayr So ~ ~ ~ ~~.- ?D 0 ~ Name of F, : ~ t ..,r 4aaer (if ~W .'. , ~ ,} /Nam du t , w ~,,'.lsa~ (s3 diffdre~} 6 3r?~S3 N~g. L~ ~ c~3~b~ Address 1 AdresS+e S'v rn.4 4S q,~v~ ~ N~ L-I-d . ~ ~ ~,ihs~d ~ ax i ~s c~ Uc~ ~~~~ ro6tal Code /Code postal +~ ~ ~ 415o PID~ ~ ~ ~a26 ~ ~IBiS, 55oZ~a , Property Intortmadota ! RenseigrrremeaU our V propridte 3~s~45 , 35752, 38?~0 ~ 34x778 r~Qnl~lao~cnt ~.~,31~-~Z~ ~/~ ~ Oo~3~61~ R>7~ Dvd3~'7 ~~ ~~~~lo {~Z~ ~ t:i~vic # J o de vcirie Suers / A~u / jPID i Ng' I.a Area 1 s4 ..~cie do lol ~ . ~~~,~~ Street Frontage ! Fade stir rue tSf• ! ~ ~ ~t¢ F,xisting Use olF. ~~, :. -~r /Utilisation aancU,e de la ~.. w .'.ttE ~ f .~R LOT Mvs~cipal Plan land Use Des+gttario~n D~gnariaan do moo des tetras s~ It plain mmui~ Amendment Rergaeated i Madii"t~cation dema~rd~t: l'nesait 7•aming / Zanagrt aauet , ~~ r Q ~„~d, i- ~ ~'--- cl~ ~s ~ / l+~ro~~tion m, mnege ~ ~P~ l~r,~r sr ~ ~' ~1 and/or / ou Text Annendmeal (mdica~e ganiwlms)1 Modification due texTe (irxt+quez ]es ddtails) 100 vv~~~vv ~~V{~~VMM-Y~~I~1J11IYn ~~ A~9~ ~~ i 4~ I ~ , ss~?4T~s P f } fir. f fj~ ~, 8s7Sg7gg '„~ ,. ,~..-~ ~ 37 ~~~ i r 1 ill ~ .' 4 t ~ J, z ~ ~~ t ~, ~~ ~~,.e _ . }' r -Qpp39636 _ 5 -~ >, 00038620 g _- ,, .. s ... - .0~31~ .L--~ ``~~y ~3yB5 • ~-Opp39671 _ - 9 _ 6 3 8 LS 3 .t1$ pfd _ - , ~ a ~ ~~ ~ a ~ , o `~ a `~~~ d .~ ~ g ~. w ~ ,. S~..d-° , 1 ~ - . - ' pp03g65g ~;,~~€~ ., - 11 p0p3g651 m D ' ~ -~ ¢1 L ~ - _ m ~- t _ ' ~'` ^ ~fl3gA55 1~1 ~ i o 1, 0 1'` o o 't $ ~ ~1 ,- ~ __. ~.1 i 31671 10 ~, w '~ o~ °o ~ ,t cn g ~ 0 ~, ~ t~ i ='t 5 w5 ~ ~ ~ 1 ` ~ 55ig01?Z ' '~ ~ ~' 55590551 ~. -.~" ID ~ ~ ~ I ~' W -] ~ _ g'SR~BS ~ _.. 1~-- ~ l ~ ~ W ~~ , Scale/Echelle 1:1200 { mares 0 24 4B ]2 metres pieds ~ 60 120 180 240 feet While this map may not be free from error or omission, care has been taken to ensure the best passible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Meme si cette carte nest peut-titre pas libre de toute erreur ou omission, touter les precautions ont ~t~ prises pour en assurer la meilleure qualitis possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement}. Elle n'a aucun caract~re officiel et ne doit donc pas servir a is redaction de Ia description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 101 ~`808j' `. _ ',' 0038786 ; Deveiapmrat Fraposal 1Frapasrtiaa d'amEnagemrgt ~ (1f ~.. ~Y . ~ / ACS..; c~.:.~QA ~ ~8 ~...,r~,~.!]OIl ~ ~ c~~ ~~ ~~; ~ s Yorr nr~rst prm+ide ~ sr~fed site plm+ tJlar;tJdst<rnes yoyv,. .y, ~ ~~ Pau may also yrovide phat.,~~ ,~,..~s, buildr',rgplans, eln+atiaR drawings and rnry other form of infartiutrion. The plml m~ show the dinenriona ojtfre property, rite locmion oja!! buildngs, drive-vays, park~g areas: TavtdsCaping and signs: It is inrportmtt tl-ar the drstanar 6ahveen the property boundary and bvJJdings are shown. Voata devez journtr un plan du sire ~ l'Eehelle rJlu~rartt votre proposition, irauspdw4ez ~galement javr-tir der photographies, des plans de be~lrnent, des dess~ns de plan d'~1~-arian er tame mitre forme de nens~ignernent ,f~ pJmr doff indigaer !ea dimensions de In prapri~t~, J'emplacemgrrt ds la rotalit# drs b.8rimerrt~ des 4lt~rs, des atr,es dp stationirem~er~ des an+~n ~,~ :~ ~ , snr, paysagers et des yanrema de signallsation.ll est important d'indiqucr !Q diaranGe emre les Jintires de Ja propritr~ et ter b6rinients. Pria~vide reasons airy Lhe~ ataena..~. _ ~.~ shaild 6c ., r ~ ..-od. / Fttaraia~ taw auae .:...~.:~r.....:..t cga,,.,..,d..~, voV~e ,, ~ ~* ~ ..ition qm Paurrait ~e a ~ } , ~ , .r$~. "~ I tl ~La~l?1 ~° R ~ t?~~i ~ ~`fif l1 i ~i'[ S Frwide aay other i~fonmatiau about parr r..., , x! tLat would be k-elpfuL 1 Faarnir taua aatre rensei®nemmmt aanoernsml vane r ~~ JSIIIQII Qll4 ponttait 2atE 1T~8. Si~.~<<~,: ~ of Apptitam / Si~.:..~._ du d.,,"~~,..de~ ~ ,~ i Date ~{,~P~-yl~~ ~, ~~- S4A0 Appii..~.:',,,.a Pee Fadoa~od J Ci joiw les frais de drmsnde de ~Otf S if you are not d1e o+rner ajrhe land in question Se vacs n'sres pat !e propri~rar're die terrain en qu~estJon, please have the owrtar stgn below The signahrre of veurllez obtenir In siglature du propri~taire. dims Ja pgrtie the vwrter Js aerth.~.:.i~.g this application tor, ~r ~,.: -d ti-a[essrn~s !.a signatu~,e du pra1vri~tditr a~rtorisant le for mnsiderntlon by Canunfln Coundt, aaJte+-rent dt lapr+taernr dcr~de pour give Delta denture sva emintnte par Je opn~ieJJ communal. Sig~nawre edOwae+r (if applicable) Sign~vre due u. ~r.:btaire (s'il y a lieu) Rate' 102 tiEZON3hiG PROCESS (6) {~) (~) The Planning Advisory Committee holds its meeting in public to rt;view the application. The committee considers the sraffrtport, any written submissions, presentations by neighbouring propetry owners, as well as by the applicant and ocher individuals. A recommendation to Common Council is made by the Committee. Common Council holds the advertised public Hearing and hears from the applicant and any other person wishing to make a presentation about the proposal. The Planning Advisory Committee's recomrhen8ation is available at this melting. First and Second Readings of the By-law amendrttent can be given at this time if Council is in favour of the application. Third Reading oCthe By-!ew amendment is usually undertaken et the next Council meeting, if conditions are imposed, they are included at the Third Reading as a resolution or agreement pursuant to Section 39 of the Community Planning Act. (9) The amendment (and conditions, if any) as passed by Council is registered in the Registry 4fFice by the City and becomes effective. {10) Permits far the development can be issued. FEE The applicant is charged a 5400.00 fee to assist in the cost of advertising the zoning amendment. ROLE OF THE APPLICANT The applicant is r~spansible fat preparing an application, eemplcte with sufficient relevant property and development information to form the basis for analysis and recommendation by Planning scoff and the Planning Advisory Committee, and decision by .Common Council. Xt is s;lso suggested that the Applicant appear at the Planning Advisory Committee meeting, end rrt the Public Hearing held by Common Council, to speak in favour of the application and to anawerquestions. MObtFICATLON ~E ZONAGE Le CamitE consultatif d'urbenisme flare s4 rdunion pu6lique en we d'examiner la demande, Lc CamitE cxarnine le rapport du personnel, toutcs submissions bcritel, loutcs presentations faites par lea propritreires voisins, ainsi qua par le demandeur ou d'autres parties inttressEs, Le ComitE fait une recommendation au Cons~cil communal. [.e Conseil communal bent vne audience publique annonctc et errand Ie demandeur ainsi qua routes autres personnel dEsirant faire une pttsentation aft sujet de la proposition. I.a recommendation du CamitZ consultatif d'urbt+nisrnt cat disponibie ~, rct#e rdunion. la premii;re et la deurciEmc lecture du projet de modification de I'arr~td peuvent ~tre faitcs ~ ce moment si le Conseil eat fa~+orable ~ la demande. La troisi~me lecture du projet do modification de I'arrEtE a gErtdralement lieu ~ la prochaine rEuninn du Conseil Si des conditions sons imposfes, atlas sort incluscs A to traisibme Iteture soars .forme de rEsolution ou d'entente, en vertu de Particle 39 de la Lvi sur 1'r<rbanisine. L3 modification (et Ins conditions, s`i1 y ~ l'+eu) teHe qu'eile a EtE adoptde par ie Conseil est enregistr¢e au bureau d`cnregistrnment par la Ville et Arend c(fct. Les permis d'amEnngemcnt peuvent maintenant titre Emil. F~is Des fcaig de 440 ~ sent facturds au demandeur pour contribuer au code de la publication des evil concement la modification de zonagt. RILE AU UEMANDEUR li incombe au demandeur de ptEparer une demande compl8te, comportattt des rcnseignements pertinents et sufFisanu sur la propri6tE et 1'amEnagement, qui service do bast h 1'anaiyse et aux recommandaiions du personnel du Service d'urbanisme et du ComitE tonsultatif d'urbanismc ainsi qu'd la ddcisian du Conseil communal, II cat Egalement recommandd au demandeur de 9e prEeenter 9 la rdunion du ComitE eonsuitetif d'urbpnlstno ainsi qu'b 1'aud[ence publique tenue psrle Conseil communal pour porter t17 Tovcur de la demande et pour rdpondre aux questions. 103 PROPOSED ZONING BYLAW AMENDMENT RE: 11-25 SEWELL STREET and 96-124 STATION STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, December 22, 2008 at 7:00 p.m., by: Rezoning parcels of land located at 11-25 Sewell Street and 96-124 Station Street, having an area of approximately 3,800 square metres, also identified as PID Numbers 00039826, 00039818, 00038612, 00039792, 55020010, 00038745, 00038752, 0003$760 and 00038778 from "RM-1" Three Storey Multiple Residential and "I-1" Light Industrial to "B-2" General Business, as illustrated below: [INSERT MAF] REASON FOR CHANGE: To permit future commercial development. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Ha11, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 65 8-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 11-25, RUE SEWELL et 96-124, RUE STATION Avis public est donne, par la presence, que le conseil communal de The City of Saint John a 1'intention d'etudier la modification suivante de 1'arrete Sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 22 decembre 2008 a 19 h dons la Salle du conseil• Rezonage des parcelles de terrain des superficies approximative de 3,800 metres cartes, situee au 11- 25 rue Sewell, 96-124 rue Station et 132 rue Station, et identifiee sous les NIDs 00039826, 00039818, 00038612, 00039792, 55020010, 00038745, 00038752, 00038760 et 00038778 de zone d'ediiices ~ logements multiples de trois etages «RM-1» et zone d'industrie legere «I-1 » a zone Commerciale generale «B-2 », comme le montre la carte ci-dessous [INSERT MAP] RAISON DE LA MODIFICATION: Permettre le futur developpement commercial. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a l'hotel de vine au 1 S, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit 6 1'attention du soussigne a I'hotel de vine. Elizabeth Gormley, Greffere communale 658-2862 104 City of Saint John INTERNAL INSERTION ORDER `: For City of Saint John use only; Budget Numbers 110 0801442 2010 i ~ Department: Common Clerk's Office (Account # 71206) Contact; Elizabeth Gormley Phone: (506) b58-2862 I Fax; (506} 674-4214 Special Instructions {if any): 11- 25 Sewell Street and 96 -124 Station Street, December 22, 2008 Public Hearing Reference: Newspaper Insertion Dates (Check as applicable} {SJTJ= Saint John Telegraph Journal} "SJTJ City Information Ad Date(s): Tuesday, November 25, 2008 And Tuesday, December 16, 2008 "SJTJ Independent Placement Date(s): "SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc,) Section Headline: ^ General Notice ^ Tender ^ Proposal ® Public Notice Sub-Headline (if applicable): Text: YNSERT ATTACHED Call to Action: Elizabeth Gornlley, Common C1erklGreffiere communale Contact: l Telephone: (506) 658-2862 105 ,~, _ ..~ '~ : _ .; ~_ ~'~ a'~ __r ~- ~ ~ ~~. t ~~~ _ _ , , "` ~ `~~~. .,~~ ,, ~ ~~ ~~~~~~~~~ rr,,JJf iiu+ ~~~~~J ~'tf` ,~~ia1~i~~~J,~~ 1~~~~ ~~ __ '3S uo~;e3S ana .. ~~ ~~~, ~~ o '°, ~~ ~~ s ,f ~ ,.. ,~~' ~ ~ BY-LAW NUMBER C.P. 110- A LAW TO AMEND ~ ~; ZONING BY-LAW OF i tip CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning parcels of land located at 11-25 Sewell Street and 96-124 Station Street, having an area of approximately 3,800 square metres, also identified as PID Numbers 00039826, 0003981$, 00038612, 00039792, 55020010, 00038745, 00038752, 00038760 and 00038778, from "RM-1" Three Storey Multiple Residential and "I-1" Light Industrial to "B-2" General Business. - all as shown an the plan attached hereto and fom~ing part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2008 and signed by: MayorlMaire ARRET)~` N° C.P. 110- ARRET~ MODIFIANT L'ARRETL+~ SUR LE ZONAGE DE rte; CITY OF SAINT JOFIN Lors dune r6union du Conseil communal, The City of Saint John a d6cr6t6 ce qui suit L'arret6 sun le zonage de The City of Saint John, d6cr6t6 le dix-neuf {19) d6cembre 2005, est modifi6 par 1 La modification de 1'annexe <~r, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour les parcelles de terrain des superficies approximakive de 3,800 me3tres carr6s, situ6e au 11-25, rue Sewell et 96-124 rue Station, et identifi6e sous les NID 00039826, 00039818, 00038612, 00039792, 55020010, 00038745, 00038752, 00038760 et 00038778, zone d'6difices ~ logements multiples de trois 6tages c<RM-1» et zone d'industrie 16g6re « I-1 » i} zone Commerciale g6n6rale « B- 2 r>. - toutes les modifications soot indiqu6es sun le plan ci joint et font pantie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sun le pr6sent arret6 le 2008, avec les signatures suivantes Common C1erk/Greffi~re communale December 17, 2008 Your Worship and Councillors: SUBJECT: Rezoning and Conditional Use Application 11-25 Sewell Street and 96-124 Station Street On November 24, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its December 16, 2008 meeting. Mr. Kevin Harris appeared to speak in support of the application. Mr. Harris noted that he was generally in agreement with the recommendation laid out in the attached report, but that he did not wish to be required to pave and curb the parking areas. He explained that the commercial parking area is intended to continue as an interim use until a commercial development opportunity is found, which may take longer than one year. As a result, Mr. Harris requested that the time within which the parking areas must be paved be extended beyond one year. The Committee considered this request, but adopted staff recommendation with regard to the rezoning and the conditional use. The Committee's approval of the parking areas at 11-25 Sewell Street is dependent on Council's decision with regard to the requested rezoning, as parking areas are not permitted under the current "RM-1" Three Storey Multiple Residential zoning of these properties. RECOMMENDATION: That Common Council rezone parcels of land located at 11-25 Sewell Street and 96-124 Station Street, having an area of approximately 3,800 square metres, also identified as PID Numbers 00039826, 00039818, 00038612, 00039792, 55020010, 00038745, 00038752, 00038760 and 00038778 from "RM-1" Three Storey Multiple Residential and "I-1" Liglrt Industrial to `B-2" General Business. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project ~"o. 08-~3~ 108 DATE: DECEMBER 12, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 16, 2008 Sarah Herring, MCII', RPP Planner SUBJECT: Name of Applicant: Ocean Capital Investments Moncton Limited Name of Owner: 638283 N.B. Ltd. and 637646 N.B. Ltd. Location: 11-25 Sewell Street and 96-124 Station Street PID: 00039826, 00039818, 00038612, 00039792, 55020010, 00038745, 00038752, 00038760, and 00038778 Municipal Plan: Low Intensity Mix -Uptown Strategy Zoning: "RM-1" Three Storey Multiple Residential and "I-1" Light Industrial Proposal: To permit future commercial development and recognize an existing commercial parlang area as a permitted use. Type of Application: Rezoning and conditional use application JURISDICTION OF COMMITTEE: 109 Ocean Capital Ins eshnents Moncton Ltd. Page 2 11-2~ Se«e11 Sheet and 96-12~ Station Sheet December 12.2008 The C'or~~r~~trj~ity Plajrj~ij~g Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 22, 2008. The Zoning By-law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a~arkij~g area in the `B-2" General Business zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone parcels of land located at 11-25 Sewell Street and 96-124 Station Street, having an area of approximately 3,800 square metres, also identified as PID Numbers 00039826, 00039818, 00038612, 00039792, 55020010, 00038745, 00038752, 00038760 and 00038778 from "RM-1" Three Storey Multiple Residential and "I-1" Light Industrial to `B-2" General Business. 2. That the Planning Advisory Committee approve the establishment and operation of a parlang area at the above-noted sites on the following conditions: a. that vehicular access to the sites meet the requirements of the Zoning By-law and are acceptable to the Department of Municipal Operations and Engineering; b. that the developer pave all access, manoeuvring and parlang areas with asphalt; c. that paved areas be enclosed with continuous cast-in-place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; d. that adequate site drainage facilities, including necessary catch basins, be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; e. that all areas of the site not occupied by buildings, driveways, wallcways, parlang or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By-law. The landscaping must extend onto the City street right-of--way to the edge of the street curb/sidewallc; f. that the site not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parlang areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development; 110 Ocean Capital Ins eshnents Moncton Ltd. Page 3 11-2~ Se«e11 Sheet and 96-12~ Station Sheet December 12.2008 g. That all site improvements shown on the approved site and drainage plans be completed within one year of building permit approval. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed rezoning application for the current parlang lot; however, it is not specified in the application what the future commercial use may be. If the commercial use is to have building constn~ction, and depending on the building(s), the following will need to be considered at the time of future development: a) the developer's engineering consultant must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. Confirmation of this must be submitted to the City for review; b) the developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows. Confirmation of this must be submitted to the City for review; c) all grades for water and sewerage systems must be verified by the developer's engineering consultant; d) the developer shall be responsible to provide all connections to the water, sanitary and storm sewer systems and the developer shall be responsible for the installation of all concrete curb, sidewallc and asphalt paving, landscaping, etc.; e) the developer's engineering consultant must provide a site drainage plan indicating how storm water collection and disposal will be handled; f) the developer must provide a drainage study which is to include not only the drainage basin affected by this developer but all property that will drain this area through the existing storm system; this study shall also include a downstream infrastn~cture review to ensure it is capable of handling the additional flow resulting this development and future developments; g) upgrades to existing infrastn~cture by the developer may be required. Detailed engineering plans must be submitted to the City prior to determining this; and h) location of driveway access and egress will have to be submitted to the City for review. 111 Ocean Capital Ins eshnents Moncton Ltd. Page ~ 11-2~ Se«e11 Sheet and 96-12~ Station Sheet December 12.2008 Buildings and Inspection Services notes that these properties are advertised as being available for monthly rental parlang. Saint John Transit has been advised of this application. Fire Department has been advised of this application. Saint John Parking Commission has been advised of this application. ANALYSIS: Subiect Site and Surrounding Neighbourhood The subject sites are located at the corner of Station and Sewell Streets at the western edge of the City's Uptown area. These sites have a total area of approximately 3,800 square metres (0.94 acres) and are currently vacant save for a small brick building at the rear of 100 Station Street. Several of these parcels are currently used as commercial parlang lots with spaces available for monthly rentals. The surrounding area contains a wide variety of residential, commercial and liglrt industrial uses including Harbour Station, the Stone Church, and two large commercial warehouses. Proposal The applicant has requested that the subject sites be rezoned from "RM-1" Three Storey Multiple Residential and "I-1" Liglrt Industrial to `B-2" General Business to permit future commercial development and also to recognize the existing use of the sites for commercial parlang areas. The applicant has indicated that there are no specific plans for commercial development, but that they wish to have the land in a commercial zone for future commercial opportunities. In the interim, the properties will continue to be used as commercial parlang lots for rent on a monthly basis. Uptown Strate~v Policies The Uptown Strategy has designated this area as Low Intensity Mix. The current application does not require a Municipal Plan Amendment as the `B-2" General Business zone is permitted under this designation. The Uptown Strategy promotes a vibrant mix of commercial, cultural and residential uses within the City's core, and the Strategy's Economic Policies stem from objectives focused on supporting all enterprises, retaining businesses and attractions, and establishing office, retail, service, training 112 Ocean Capital Ins eshnents Moncton Ltd. Page ~ 11-2~ Sewell Sheet and 96-12~ Station Sheet December 12.2008 and education opportunities in the Uptown core. Although the applicant has not specified the particular commercial enterprises which may be established in the future on these sites, their future conversion from parlang areas to commercial establishments fits with the general vision of the Uptown Strategy. As well, the proposed rezoning of these sites from "RM-1" Three Storey Multiple Residential and "I-1" Liglrt Industrial to `B-2" General Business is in keeping with the intent of the Uptown Strategy. This area along Station Street is isolated and currently under-used, and is the only remnant of Liglrt Industrial uses within the Uptown. As well, due to the steep topograplry of the area, the sites along Sewell Street are relatively isolated from the other residential buildings in this area. Given the major redevelopment and revitalization planned for the wider neighbourhood with a justice facility, police headquarters, and parlang stn~cture, the use of these sites for commercial purposes is appropriate. Zoning By-law Standards The `B-2" General Business zone permits a range of commercial uses for the future development of the site, and also permits the current parlang area as a conditional use. However, the Zoning By-law requires that commercial parlang areas be paved with asphalt, enclosed with cast-in-place concrete curb, and provide 1.5 metres (5 feet) of landscaping along the side and rear property lines. As the current parlang areas are only surfaced with gravel, it is recommended that the use be approved only on condition that the existing parlang areas are upgraded to meet the aforementioned City standards. Future commercial development will need to be reviewed for compliance with the proposed `B-2" General Business zoning when specific plans are prepared. CONCLUSION: Given the planned redevelopment and revitalization of the surrounding area, the proposed rezoning of the subject sites to `B-2" General Business in anticipation of future development for commercial opportunities is appropriate. In the interim, the current use of the subject sites as commercial parlang areas can be supported, provided that the City's standards for parlang areas are adhered to and the applicant provides the required paving, curbing and landscaping within a one year period. sKx Project No. 08-~3~ 113 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT ~- ., ~~ ~ 1 . ~`~ ~ ~ • u ~~ ~~ /~ s ~ r ~o w .~r y~ ~i' a~ ~~ a° a RM-1 ~` a * ~ A ~ { r ~ N e ~ 6 ~ ` ly ~~~a~,g, .: ~ ~~ er ss • B- 3 ;~.~~~•~ - x,~ e ~ as ~ ,. 1 . •g Y o ~ n ~ ~~ r a ~ ~~waMti ~ e ~~~ e ~~tOl *~a ~ , r e w,.a*' ,. n • so ~ ~ ~e ei - a v z• a O 1'~ ~ xa ar a ~ i a}fir w ~ r es ~ xe ^ ~ PID{s)INIP(s): Subject Sitelsite en question: 39826, 39818, 38612, 39792, Location: 11-25 rue Sewell Street, 55Q20010, 38745, 38752, 38760, 96-124 rue Station Street 38778 Date:. November 20, 2008 Scalelechelle: Not to scaielPas ~ I'echelle 114 Application for a Zoning By-law Amendment Demande de modification ~ 1'a, s ~t~ sur le zonage Applicant Related Information / Renseignements sur le demondenr Name of Applicattt 1 Nom du dcmande~u ~~ ~ Ct.~~ ~ ~ ~ ~ rim L-~d . Mailing Address of applicant 1 Add.~,.~.s:. postale du dsmandeiu ~ fox ~'j ~(~, r,~ i ~-,-~ J uhh ~ Ev ~ _ _ _- Postal Code /Code postal ~ 2 L 3V G Telephone N.... ~ :,. / Numdro de tdldphone f~3 b - G 21 ~ Home 1 Domicile ~~ ~ - ~~ ~=g~ Work 1 Travail lp3 3 -~~~ (a D Fax Number 1 Nun~ro de tel~oopieur (~, ~~ c'~ - 51 ~-(`, Name of Property Owner Cif di~o.;..d} / Nom ~- r. ~~„ ~.~aire (si diff6r+eni) /~~ Ma.11e-~e ~ Sins ~~G~~l Lfd . Address 1 Adresse Postal Code /Code postal Property Information / Renseignements sur la propri~t€ LocationlEmplaoement ~7G7 Lac}, 1.c~monc~ Rc}. fur+icm ~-~' ~2.(~2-Z3 Civic # I No de voirie Stmt /Rue PID /NIP Lot Area 1 S..l.:,.:.cic du lot Street Frontage / Fapde sur rue Egg Use of F..,Y:..;~ / Utilis•~on acxuelle de la r. „r,.:8t~ dQCQR ~ ~ C.~nG Municipal Plan land Use Desi~on ~! D~signatioa de utilization des t~,..,..~ sur le plan municipal l,~nServ, c_ed ~~ giC'.~ CRf1C~i Amendment Requested / Modidication demandee P,~.,~,..; Zoning / Zonage actuel ~ ~ RS -1 Ll Cbaage Zoning to /Modification du zonage ~ ~' ~ ~ ~~ and/or l ou ^ Tcxt Amerdmeat (indicate parti~lars} /Modification due texte (irdiquez les details) Development Proposal /Proposition d'am~nagemeat DescTiptiam of Proposal /Description de la r- ~r „5ition P1~as~ 2 ~,~- F~IIy C~c~smonr~ Sv.hc~iviSl~in Cs~e a-~"o~c_.~~ecQ ~~~,~t,s~ You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plank elevation drawings and arty other jornt ojinjormation. The plan must show the dimensions of fhe property, the location ajall buil~ngs, rbiveways, parking areas, landscaping and signs. It is important that the distmrce between the property boundary and buildings are shown. Vous devez journir un plan du site b I'~chelle illu.,:. ~,.,,t votre proposilion. Vous pnuv+ez ~galement journir des phatographies, des plans aTe bdtiment, des dessins de plan d'~l~vation et route autre forme de renseignemen[ I.e plan dolt indiquer les dimensions de la propri~tE, l `emplacement de Ia totality des b6timents, des a11~es, des sires de stationnemen~ des am~nagements paysagers et des pmrneaux de signalisatior~ II est important d'indiquer la distance entre !es limiter de la proprirst~ et !es bkiiments. Provide reasons why these amendments should be approved. l Fournir tout autre renseignemeni oonoernaat votre proposition qui pourrait titre ~ ~.~ , .rvtses. Provide any other inf..,.,.~.~,on about yon r- ~'r ~.~al that would be belpfuL / Fournir tout amre renseigaement Conoeraarrt votre r..,r „~:fion cpd pouirait ~ utile. Sig~atrue of Applicant 1 Sigaatiur do ~...~..deur Date ^ 5400 Applic~sion Fee F~lased / Ciyoiat les finis de demande de 400 S If you are not the owner ojihe land in question Si vous n'~tes pas le propri~taire du terrain en question, please have the owner sign below The signature of veuillez obtenir 1a signature du proprirstaire des la parfie the owner is authorizing this application to proceed ci-dessous. La signature du propri~taire autorisant le for consideration by Common Council. 'tement de la pr~sente demande pour que cette dernipre t exami a !e co~e~c~~nal. Sigaatime apt' Owner (if applicable) ~, r~,... ^ ~,, .- $lgDr...... dne ~.. ~*.-~.~taU'E (S it ~ a l1eII~ ~~ ~'~--"~ ~ ! ~ Datc:~ ~'1/~ LJ /. ~ v~ T-0145-PH2 .l C~a~ _ rte: ~~•~~'-:-a,. am ~•~"-y ^:~ ~ 1 n ..^~ o ~ ~~~_ --`rte" ~^ yr O o" q3 3 ~p R -_ ~~~ Y~a~ ~~ ~` _ '-it ./,,~;: ~ ~ ~ mac' "~° ,~oNr~m .. j ~;•I ~ COQ, i ~_~!~,~ ~j" `~ ~h' ;:ca ~~ r ~..~1 - _ ~ W C ~ e rya'°~ a.• • ~ ~~ '~~'. i~ , ; . - _~; -~:1~";~-'`/ ~ v _ m .~ r •- ~ ~ .• _~ ~ .- .n _ ". r t ~1~y. ~ ~ .~ pho i \ ~ ~~ ` h • - ~ l ~ -" I I~ fI~ rd ~ .ti..~ 7 { ua la `~u lv I ~ I )' ! ~~ j ~'~L n ~ ~ ~~ ~~ C 1~ N ~ m P _ I ~ 1 4 ~ ~"• Y - i - O ~ I •~~ ~~ ~ ~r YJ i• ~/~-.i' ff ~ ~ ' g "'\ ~.,~i ~ i ~ . a a .~.~ JJJ ~~ I ~ ~ . ~i • },. ~I t' - • • ~• ~'" ~~ 3 ~• - ~ - - - i~ ~\~~ Ill ~ i ~ n ~-. ~,. ` ._ ___ i1 L ,~. ,L , . ~ ~ ~^ Fehr. ~~B • ~~ I, `` ~ I 11j to I~BR , ~ '~~~~~.- ~1 yes ~. ~ ~ ' J,. ; I ~~_ I ~'io ~ I 1 iat:~ vqn 1 `I 1 ~ - ~- ~ rnl - __. _.. ~ t _ s~ ~ i ~ '~ . 1 11 11 ~ ~.~~.. ~ - _ - -r 1 -- s` ~ ~ ..mar= ja.,., r ~ ~~pp a s \ ~ ~ ~ I• ~ ~ I I. I ~ l ~ . ~,. '~ ~' ' # - ...~ m`~ ,+ ~ __ _ ~ _ ..~• .~ ..,: w . I r.' 'mss _ w ~ ~.tr w.~ ,y a ~ ~ I ~~ ~ ~ • ~ -~'1 rl'~~. •p,N~ _.__ ~~ •~~ __. '^,-` .~ Y~.. -tea ~~~~ '6 1i C ~ l)- ~~• y ., .. ,, ~- ,.. ~ ~ ... ,., - L - r .. - - `~ ~ ~- _ ~__ _ _ -_ G ,~ a T-0145-PH2 Ms. Sarah Herring, MCfP, RPP Planning and Development City of Saint John PO Box 1971 Saint John, New Brunswick E2L 4L1 Job File: 07-5536 6 October 2008 RE: Comprehensive Water Supply Source Assessment for PID 0032fi223 -- Bally Desmond Subdivision, Phase II in Saint John, New Brunswick Dear Ms. Herring: The intention of this letter is to provide supplemental information to the City of Saint John Planning and Development Department regarding the Comprehensive Water Supply Source Assessment {CWSSA) Fundy Engineering & Consulting Ltd. {Fundy) completed #or the Bally Desmond Subdivision. Phase II of that Subdivision, which will comprise 20 lots, is planned for the land parcel identified in the New Brunswick Geographic Information Corporation's database as Property IDentification {PID) 00326223 (Figure 1; Figure 2}. Figure 1. Service New Brunswick property map for PID 00326223 located in Saint John, New Brunswick. The northern portion of the property is slated for development as the Bally Desmond Subdivision. -2- During a meeting with Mr. Ken Forest on 30 September 2008, I was informed that the City does not normally review Water Supply Source Assessments, except in instances where the municipal water supply is not available and developments comprise more than a few residences. Although the New Brunswick Department of the Environment (NBDENV) normally reviews all water supply source assessments, the City of Saint John is the approving authority for all water supply assessments within the City boundaries. A summary of the water supply assessment process is provided for your information in Figure 3. According to the flowchart, the Bally Desmond Subdivision is subject to a CWSSA because the entire development comprises > 25 lots (i. e., 89 lots are planned for the entire Subdivision; 13 were developed during Phase I). A copy of Fundy Engineering's CWSSA report was submitted to the City of Saint John Planning and Development Department in summer 2008. The report was also reviewed by the NBDENV, but they did not make any recommendations to the City regarding the Subdivision. Because the City of Saint John Planning and Development Department does not normally review these reports, some guidance was requested during the 30 September 2008 regarding water quantity and quality conclusions made in Fundy's report. Job File: 07-5538 wvvw.fundvena.com 6 October 2008 Figure 2. Aerial photograph showing the location and Payout of Phase II of the Bally Desmond Subdivision in Saint John, New Brunswick. -3- Notes: 'If the development is > 50 lots and exists in an unincorporated area, an approved environmental impact assessment may be required before development can proceed Figure 3. Water supply source assessment process flowchart for subdivisions serviced by groundwater wells. Note: The approving authority has the discretion to request a more stringent water supply assessment if #hey deem necessary; chart based on the 1998 Rural District Planning Commission Guidelines. Job File: 07-5536 www.fundvena.com 6 October 2048 -4- Water Quantify Five groundwater wells were drilled within the boundaries of PID 00326223 in summer 2008. One of the wells has a yield that can meet the peak demand by athree-bedroom residence in the absence of on-site storage. Conversely, one of the wells has a yield so low that it will have to be abandoned because it cannot meet the peak demand or daily water requirements, even in the presence of on-site storage, for athree-bedroom residence. Based on a review of 228 wells within a 5 km radius of the Bally Desmond Subdivision, 72 % can safely meet the peak demand for athree-bedroom residence in the absence of on-site storage while 28 % cannot (Figure 4). These data indicate tha# it is nat unusual for a well in the area to have a peak demand less than that for athree- bedroom residence. Well Yield Does Not Meet Peak Demand 28% vveu Yield Meets Peak Demand 72% Figure 4. Pie chart showing the distribution of wells, within a 5 km radius of the Bally Desmond Subdivision in Saint John, New Brunswick, that have yield that does not meet the peak demand by athree-bedroom residence and those that do. Water quantities required during peak demand periods can be achieved through several means. The most common method is that when the well is drilled, inflow exceeds outflow (i.e., supply > demand). When the inflow is less than the outflow, demand can be buffered by drawing from a storage reservoir. For feasible buffering, daily inflow to the well must exceed daily outflow and the storage reservoir must be large enough that --.__~.. ...:u _tc__a r__~~r ~nr:a~.. -..........a a.. al-., o..i[.. n..~..,,..-..~1 C..h.Ji...~...., ~h~~e II -5- Water QuaJit~r Water quality for two of the eve on-site groundwater wells was assessed. Based on the results, there were several exceedances; however, the only exceedance that is a health concern and must be rectified before water consumption can occur is the trace metal Arsenic. Pre-, mid-, and post-pump test sampling showed that concentrations of arsenic decreased as water was removed from the aquifer. It is possible that concentrations will further decrease as the wells are developed through additional pumping {i.e., concentrations can be high following well installation as water comes into initial contact with drilling fines and the exposed materials of the well bore}. Fundy queried the NBDENV's database for water chemistry records within a 5 km radius of the Bally Desmond Subdivision. Based on that search, 8 % of the 152 wells with available records {i.e., 12 wells) had arsenic concentrations, at the time of sampling, above the Canad'+an Drinking Water Quality Guideline (Figure 5). Additionally, 34 % of the wells {i.e., 89 wells) had measurable arsenic concentrations and 58 % had concentrations below the laboratory detection limit. These data suggest that arsenic is relatively common within groundwater resources of the area. Arsenic can be successfully removed from drinking water. A reverse osmosis system, which is widely available, affordable, and easy to service, can effectively reduce arsenic concentrations in the Bally Desmond Wells to a level safe enough for human consumption. Measureable Arsenic Concentration 34% Arsenic Exceedance ~% Arsenic -6- Water Suaply versus Wa#er Demand Fundy considers the sustainability of groundwater resources of utmost importance. When assessing residential developments, we determine if potential groundwater recharge will exceed potential groundwater extraction. If the withdrawal of water across a subdivision exceeds infiltration then we will suggest that the development be redesigned in order to eliminate the possibility of groundwater mining. Based on the regional climate and other variables, we have determined that athree-bedroom residence must have a lot size > 3 705 m2 {Figure 6; n.b., this determination is based on a water budget equation; detailed in#ormation can be provided upon request). Lot sizes less than this could, in the long-term, result in aquifer mining. Lot Size 3 7D5 m2 For Potential Supply to Exceed Potential Demand Figure 6. Illustration depicting that a specific lot size is required for athree-bedroom residence if it is serviced by a groundwater well. The average lot size within Phase II of the Bally Desmond Subdivision is 5 60Q mZ. The developer has taken water supply versus water demand into consideration and has made all lots > 3 705 m2 {i.e., lots range from 4 114 m~ to 12 591 m2). When assessing phased large residential developments, such as the Bally Desmond Subdivision, Fundy recommends an update approach when dealing phases subsequent to the phase assessed in the CWSSA. For example, before Phase III is approved, we suggest that all information available from Phase I and Phase II (i. e., well logs from future wells, any identified water shortages, or water quality issues} be critically Job File: 07 5536 www.fundvena.com 6 October 2008 -7- reviewed. We believe this is an excellent planning tool. This is how we have approached other large-scale residential developments and it has proven to be a good method for inferring what the water quantity and quality wilt be for the future phases. Summary Based on the information contained above, Fundy Engineering makes the conclusions provided below. d Based on Fundy Engineering's assessment, low-yield wells are not unusual within a 5 km radius of the Bally Desmond Subdivision. The three on-site low-yield wells for Phase II should be able to safely supply athree-bedroom residence by drawing on well-bare storage during peak demand periods. d Based on Fundy Engineering's assessment, the presence of arsenic is relatively common in groundwater resources within 5 km of the Bally Desmond Subdivision. If an in-line water treatment system, such as reverse osmosis, is installed then arsenic concentrations in the Phase II wells should be reduced to a potable level. d Based on Fundy Engineering's assessment, lot sizes within Phase II of the Subdivision are large enough that aquifer mining, in the long- term, should not occur. d We recommend that future phases of the Subdivision development only be approved following critical review of the information collected from earlier phases. I trust the enclosed information is satisfactory for your present needs. Please feel free to contact me via telephone at 506.674.9422 or by email at matt.alexanderfir)fundvena.com if further clarification or explanation is required. Sincerely, F ppQ ~ ~~ vow Wi, ~' O ir, ~1~c ns S Dr. Matthew D. Alexander, P.Geo. ~~w~ ~° #r`,1~~~,, ~`~ ~'~,~, Fundy Engineering 8~ Consulti'ng Ltd. a Matthew,'--?Axa~ icier cc: Mr. Joe Mallette Mr. Phil Blanchard JJ .y, ~n3 ;z `' is'1 [ Y ~ h~ f ~~ p GF Cldk9 S~~G Y~, J ~~~cFA'rIfi ntl~ 4r~ P\~J Job Frle: 07-5536 wwvv.fundvena.cam 6 Ocfober 2008 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department; Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 I Fax: (506} 674-4214 Special Instructions (if any): Reference: 2797 Loch Lomond Road, ZBA -Public Hearing -December 22, 2008 Newspaper Insertion Dates {Check as applicable) (SJTJ= Saint John Telegraph Journal} "SJTJ City Information Ad Date(s): Tuesday, November 25, 2008 snd Tuesday, December 16, 2008 "SJTJ Independent Placement Dates}: "SJTJ Classifieds Dates}; Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.} Section Headline: ^ General Notice ^ Tender ^ Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erlc/Greffiere communale f Contact: I Telephone: (506} 658-2862 PROPOSED ZONING BY-LAW AMENDMENT RE: 2797 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, December 22, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 2797 Loch Lomond Road, having an area of approximately 12 hectares, also identified as being a portion of P1D No. 00326223, from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential, as illustrated below: [INSERT MAP] REASON FOR CHANGE: Ta permit the creation of a rural residential subdivision with 201ots. The proposed amendment may be inspected by any interested person at the offrce of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common CIerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE 5TIR LE ZONAGE OBJET: 2797, CHEMIN LOCH LOMOND Avis public est donne, par la presence, que le conseil communal de The City of Saint John a l'intention d'etudier la modification suivante de 1'arrete sur le zonage de The City of Saint John, au tours de la reunion ordinaire du conseil prevue le Iundi 22 decembre 2008 ~ 19 h dans la Salle du conseil: Rezonage dune parcelle de terrain dune superficie approximative de 12 hectares, situee au 2797, chemin Loch Lomond, et etant une partie du NID 00326223. de zone residentielle de banlieue - habitations uaifamiliales et bifamiliales «R5-1» a zone residentielle rurale -habitations unifamiliales «RR», comme le montre 1a carte ci- dessous [INSERER LA CARTE] RAISON DE LA MODIFICATION: Penmettre la creation dune subdivision residentielle rurale avec 20 lots. Toute personne interestee peat examiner le projet de modification au bureau du grefFer communal ou au bureau de l'urbanisme et du developpement a 1'hotel de vine au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du Iundi au vendredi, sauf lea jours f€ries. Veuillez Faire parvenir vos objections au projet de modification par ecrit a 1'attention du soussigne a I'h6te1 de vine. Elizabeth Gormley, Greffiere communale 658-2862 ~ / i~ l ~- Z ~' ~ \ BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule '`A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 2797 Loch Lomond Road. having an area of approximately 12 hectares, also identified as being a portion of PID number 00326223, from "RS-l" One and Twa Family Suburban Residential to "RR'" One Family Rural Residential. - all as shown on the plan attached hereto and farming part of tlyis by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2008 and signed by: MayorlMaire ARRETE N° C.P. 110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du Conseil communal, The City of Saint John a decrete ce qui suit L'arrete sun ie zonage de The City of Saint Jahn, decrete le dix-neuf (19) decembre 2005, est madifie par 1 La modification de I'annexe aA», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superf Cie approximative de 12 hectares, situee au 2797, chemin Lach Lomond, et etant une partie du NID 00326223, zone residentielle de banlieue -habitations unifamiliales et bifamiliales «RS-1» a zone residentielle rurale -habitations unifamiiiales «RR». - toutes les modifications sont indiquees sun le plan ci joint et font pantie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sun le present arrete le 2008, avec les signatures suivantes Common C1erk/Greffiere cammunale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Traisieme lecture December 17, 2008 Your Worship and Councillors: SUBJECT: Rezoning and Subdivision - 2797 Loch Lomond Road On November 24, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its December 16, 2008 meeting. Mr. Gerry Roberts, Kierstead Quigley and Roberts, and Mr. Joe Mallette appeared to speak in support of the application. No one appeared to speak in opposition and no letters were received. The Committee discussed the results of the C'or~~~rehens~ive Water S~r~~ly So~n~ce Ass~es~s~r~~ent for this development, and Mr. Mallette indicated that he would be willing to notify buyers of the potential for issues with groundwater quality and quantity. The Committee adopted the amended recommendation as set out below. The Committee also approved the proposed street names for Mallory Street and Meredith Avenue. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 12 hectares (29.6 acres), located at 2797 Loch Lomond Road, also identified as being a portion of PID Number 00326223 from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. 2. That, pursuant to the provisions of Section 39 of the C'or~~r~~trj~ity Plajrj~ij~g Act, the proposed development of the parcel of land with an area of approximately 12 hectares (29.6 acres), located at 2797 Loch Lomond Road, also identified as being PID Numbers 00326223, be subject to the condition that the developer notify buyers in writing of potential groundwater quality and quantity concerns. 3. That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed 20 lots of the Bally Desmond Subdivision - 129 Planning Advisor- Committee Page 2 December 19. 2008 Phase 2, and to any required municipal services or public utility easements. 4. That Common Council assent to the proposed Land for Public Purposes dedication having an area of approximately 1.14 hectares (2.8 acres). 5. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required worl~, including detailed street and drainage plans for the approval of the Chief City Engineer or his designate. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08-~3~ 130 DATE: DECEMBER 12, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 16, 2008 Sarah Herring, MCII', RPP Planner SUBJECT Name of Applicant: A.J. Mallette & Sons Ltd. Name of Owner: A.J. Mallette & Sons (1985) Ltd. Location: 2797 Loch Lomond Road PID: portion of 00326223 Municipal Plan: Unserviced Residential Zoning. Current: "RS-1" One and Two Family Suburban Residential Proposed: "RR" One Family Rural Residential Proposal: To develop a n~ral residential subdivision with 20 lots. Type of Application: Rezoning and Subdivision JURISDICTION OF COMMITTEE: The C'or~~r~~trj~ity Plajrj~ij~g Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 22, 2008. 131 A.J. Mallette & Sons Ltd. Page 2 2797 Loch Lomond Road December 12.2008 The Act also authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City/Developer Subdivision Agreements. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land having an area of approximately 12 hectares (29.6 acres), located at 2797 Loch Lomond Road, also identified as being a portion of PID Number 00326223 from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. 2. That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed 20 lots of the Bally Desmond Subdivision -Phase 2, and to airy required municipal services or public utility easements. 3. That Common Council assent to the proposed Land for Public Purposes dedication having an area of approximately 1.14 hectares (2.8 acres). 4. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work, including detailed street and drainage plans for the approval of the Chief City Engineer or his designate. That the Planning Advisory Committee accept the proposed names for Mallory Street and Meredith Avenue. BACKGROUND: On August 27, 2007 Common Council gave first and second reading to a proposed rezoning of the subject site for an unserviced subdivision with 89 lots on an internal street system. Third reading was withheld pending the completion of a C'or~~~rehens~ive Water S~r~~ly So~n~ce Ass~ess~r~~ent. This assessment was completed in July of 2008; however, the maximum six month period between public notice and third reading had expired so the applicant was obliged to re- apply for the proposed rezoning and subdivision. On Febn~ary 12, 2007 Common Council assented to one or more subdivision plans for the initial 15 lots of the Bally Desmond Subdivision along Hillcrest Road, and to airy required municipal services or public utility easements. Council also assented to a Land for Public Purposes dedication of approximately 5,500 square metres of land and authorized the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required 132 A.J. Mallette & Sons Ltd. Page 3 2797 Loch Lomond Road December 12.2008 work, including detailed drainage plans for the approval of the Chief City Engineer. All 15 of these lots have now been given Final Subdivision Approval. On September 9, 2008 the Committee considered a new application to create an unserviced subdivision with 89 lots on an internal street system. Given the concerns with water quality and quantity noted in the C'or~~~rehens~ive Water S~r~~ly So~n~ce Ass~ess~r~~ent, and the limited number of test wells, the Committee agreed with the staff recommendation and recommended that the rezoning and subdivision be denied. The application was withdrawn prior to consideration by Common Council. The applicant is now proposing a first phase of development consisting of only 20 lots. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning and subdivision: a) the developer's engineering consultant must provide a detailed site drainage plan/study to address drainage and this must be submitted to the City for review and approval; b) there are no municipal services in this area; c) detailed engineering drainage and street plans must be provided to the City by the developer's engineering consultant for review; d) a properly constn~ct gravel turnaround is required at the end of the proposed Meredith Street until the extension of this street is carried out. The turnaround must be within property to be owned by the City; e) the street design geometry at Mallory and Meredith must meet all applicable street design guidelines, City specifications and by-laws; fj the future street between lots 5 and 6 is not identified as being constn~cted in this phase. This should be constn~cted during this phase and in proper alignment with the future street on the adjacent site. Buildings and Inspection Services has no concerns. Saint John Energy has been advised of this application. Aliant Telecom has no issues with the proposed subdivision, and they will work jointly with the developer and Saint John Energy to deliver services to the subdivision. 133 A.J. Mallette & Sons Ltd. Page ~ 2797 Loch Lomond Road December 12.2008 Rogers has been advised of this application. Maritimes & Northeast Pipeline has advised that the area is "all clear" and work will not be talang place near the Maritimes and Northeast Pipeline facilities. Leisure Services has been advised of this application. Fire Department has been advised of this application. N.B. Department of Health indicated that an application for approval of septic systems had not yet been submitted. N.B. Department of Environment has reviewed the C'or~~~rehens~ive Water S~r~~ly So~n~ce Ass~ess~r~~ent and additional assessments submitted by Fundy Engineering for the proposed Bally Desmond Subdivision. From the sampling results of December 2, 2008, it appears that only one of the five wells now has arsenic concentrations that are greater than the C'aj~adiaj~ Ih~ij~kij~g Water Q~rality U~ridelij~es~ value. Also, the results from wells 2 and 5 indicate that arsenic concentrations have dropped since the summer. Occasionally, concentrations can decrease as a well is used, but this might also be seasonally related to water levels and the arsenic concentrations in a well miglrt fluctuate over the course of the year. Since only one of the five wells tested currently has an arsenic concentration that is just above the CDWQ Guidelines it appears that arsenic may not be an issue for all the lots in this area. Airy wells that have arsenic concentrations that are above the Guidelines can be mitigated with water treatment. The other issue with the original subdivision proposal was low well yields. This can be mitigated by homeowners installing water storage or drilling deeper or larger diameter wells in order to store extra water in the well itself. The Department would recommend that only the 20 proposed lots be approved at this time and that the developer be required to disclose to airy potential homeowners the potential for low well yields and possible water treatment for arsenic so that they are frilly aware of the issue and can plan for airy related expense. Potential homeowners should be reminded that airy new wells should be tested prior to consumption to determine if airy specific parameters (i.e. arsenic, lead, uranium, etc.) require water treatment. The Department would also recommend that if the development goes forward, additional lrydrogeological testing should be completed and the results of the first phase of development should be evaluated before airy new phases are developed. ANALYSIS: Subiect Site and Neighbourhood 134 A.J. Mallette & Sons Ltd. 2797 Loch Lomond Road Page ~ December 12.2008 The subject site is located in East Saint John along Loch Lomond Road, east of the Hillcrest Heiglrts Subdivision. The undeveloped 61 hectare (150 acre) property has rolling topograplry and mature forest cover, with a small valley and stream in the northwest corner of the property. The surrounding area contains a range of large, forested parcels of land, single-family n~ral development and newer, unserviced n~ral residential subdivision. The applicant is proposing to develop a second phase of an unserviced subdivision, creating 20 lots on a new public street in addition to the 15 lots created along Spring Garden Road and Hillcrest Road in the first phase of the subdivision. A 5,500 square metre (1.4 acre) parcel of Land for Public Purposes was dedicated with the first phase, and an additional 1.14 hectares (2.8 acres) is proposed for this second phase. The LPP currently being proposed is located in the northwest corner of the larger property, adjacent to the previously accepted LPP and connecting to the lands dedicated with the development of the adjacent Hillcrest Heiglrts Subdivision. Municinal Plan Policies The Municipal Plan has designated this area of the City as Unserviced Residential, and considers it appropriate for larger residential lots with on-site services. The Plan classifies n~ral residential subdivisions as planned, low-density, non-farm residential subdivisions that are plrysically separated from existing built-up areas. It is intended that the value of n~ral living will compensate for airy inconvenience associated with the lack of urban services. The Plan requires that n~ral residential subdivisions have no fewer than 20 lots arranged in a cluster (or in a traditional subdivision layout) and fronting primarily on an internal local street system which has reasonable but limited access onto the City street system via an adjacent arterial or collector public street Individual lots in a n~ral residential subdivision must have independent septic and well systems acceptable to the responsible Provincial Departments as well as the City, and internal roads must be developed to a country standard as set out by the Subdivision By-law. The Plan also requires that these subdivisions be implemented, in part, by rezoning to the "RR" One Family Rural Residential zone and that Land for Public Purposes equal to 10 percent of the development and generally suitable for active recreation purposes be granted to the City in conjunction with the subdivision development. Zoning and Subdivision By-law Reauirements The attached Tentative Subdivision Plan illustrates the proposed creation of 20 lots, each meeting or exceeding the proposed "RR" One Family Rural Residential requirements for a minimum lot area of 5,000 square metres (1.24 acres), a minimum lot width of 60 metres (196.9 feet) and a minimum lot depth of 40 metres (131.2 feet). 135 A.J. Mallette & Sons Ltd. 2797 Loch Lomond Road Page 6 December 12.2008 The proposed subdivision also appears to meet the requirements of the Subdivision By-law regarding future streets, street length, width and the diameter of the proposed temporary turnaround at the end of Meredith Avenue. The developer will need to provide detailed street and drainage plans for the approval of the Chief City Engineer or his designate prior to final approval of the subdivision. The applicant has proposed the names Mallory Street and Meredith Avenue for the new public streets in the subdivision, and these names as well as the proposed location of the streets are acceptable. Although Municipal Operations and Engineering has recommended that the proposed future street located between proposed lots 5 and 6 be constn~cted during this phase of development, it is reasonable that this be constn~cted if, or when, development of the subdivision expands into future phases. A single entrance and exit is likely sufficient for the proposed 20 lots. Land for Public Purpsoses As previously noted, the applicant is proposing to convey approximately 1.14 hectares (2.8 acres) of Land for Public Purposes in conjunction with this phase of development, adding to the 5,500 square metres (1.36 acres) dedicated during the first phase of the subdivision. The Municipal Plan calls for LPP in n~ral residential subdivisions to be suitable for active recreation purposes, and Leisure Services previously advised that the land in this area is likely unsuitable for this purpose; however, recent development trends have shown that this style of development, with single-family dwellings on large lots in relatively remote areas of the City, generally creates a demand for natural, passive recreation areas and larger, more central arenas and multi-purpose sports fields rather than for traditional neighbourhood playgrounds. The proposed Land for Public Purposes would provide just such a natural area and would also provide a continuation of the LPP previously accepted for the Hillcrest Heiglrts Subdivision. The land, and the land dedicated in the first phase of this development, was intended to protect a small stream and this current LPP dedication would extend this protection and potential wallang or hilang trails through the valley adjacent to the stream. Servicing The 20 lots proposed in this revised second phase of the Bally Desmond subdivision will be serviced by on-site wells and septic systems. The Municipal Plan directs that "a n~ral type of service, usually on-site wells and septic systems, will be regarded as a permanent feature of this lifestyle". This area of the City has generally been found to be suitable for on-site servicing; however, the Department of Public Health advised that the first phase of this subdivision, comprised of 15 lots along Spring Garden and Hillcrest Road, required mound septic systems. As well, the Department of Health has indicated that an application has not yet been made to have the 136 A.J. Mallette & Sons Ltd. 2797 Loch Lomond Road Page 7 December 12.2008 proposed lots assessed for septic systems. Approval of each lot will have to be given prior to Final Subdivision Approval. The C'or~~~rehens~ive Water S~r~~ly So~n~ce Ass~ess~r~~ent, the Executive Summary of which is attached, and comments from the Department of Environment have indicated that low well yields and arsenic are a concern for this proposal. These concerns led staff to recommend denial of the original proposal to rezone and subdivide 89 lots for unserviced residential development. As previously noted, the applicant withdrew the previous application as a result of these concerns and is now applying for the rezoning and subdivision of only 20 lots. As well, the applicant's consultant, Fundy Engineering, has since submitted additional information regarding the well yields and has tested all five test wells for arsenic concentrations. Additional reports from Fundy Engineering indicate that, with regards to water quantity, all of the Phase II test wells, save for one, have a daily inflow that exceeds the daily outflow requirements for athree-bedroom residence. For wells that may not have the required inflow, the report concludes that the three low-yielding test wells were drilled deep enough that the well-bore could accommodate all of the water supply required during peals demand periods (in other words, the well-bore could act as a storage tank that would refill during non-peals times to supply an adequate amount of water during peals times). As well, the report noted that a review of 228 well logs within a 5 lan radius of the proposed subdivision showed that 72% can safely meet the peals demand for athree-bedroom residence in the absence of on-site storage while 28% cannot. These data indicate that it is not unusual for wells in the area to have yields less than that required for a three-bedroom residence. With regard to water quality, Fundy Engineering originally performed water chemistry tests on two of the five test wells. As a result of concern regarding the concentrations of arsenic, water chemistry tests have since been performed on the remaining three test wells. The recent report from Fundy Engineering indicates that four of the five test wells have arsenic concentrations below the C'aj~adiaj~ I)rij~kij~g Water Q~rality U~ridelij~es~, yielding water safe for human consumption. Additional sampling to confirm arsenic concentrations in all wells in the subdivision is recommended prior to domestic consumption, and, if additional sampling shows that arsenic may persist above the Guideline levels, it is recommended that remedial treatments be installed in the well to provide a safe supply of potable water. Treatments such as reverse osmosis are widely available, affordable and easy to service. CONCLUSION: Consideration of the current rezoning and subdivision application for only 20 lots in the Bally Desmond Subdivision is pn~dent given the concerns expressed by staff and the Department of Environment during the original application for 89 lots. Given the more limited scope of this proposal and the additional information submitted by Fundy Engineering, staff can support this application for a first phase of development. 137 A.J. Mallette & Sons Ltd. Page 8 2797 Loch Lomond Road December 12.2008 Subsequent phases of development can be considered when acceptable technical information is provided to ensure adequate water quality and quantity for the entire subdivision. sKx Project No. 08-~3~ 138 1 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT Subject Sitelsite en question: Location: 2797 chemin Loch Lomond Road Date: November 20, 2008 Scalelechelle: Nat to scalelPas a I'echelle P1D(s)INIP(s): portion oflpartie du 00326223 139 ~, ._ \- ~_. ~ ~_. ~- ~-- ~~ ~_ ro~ rz vt I I ! ^ '.Hd-54L0-1 ~~ d ~. ~- /) ~ `J C O ~~ ~ ~ ~ ~ J1 ~~' ~ ~~ C ' ~ ~~ Q s~ ` w r~ ~, ~ ~~ ,~ ~~ 140 ZHd-9410-1 Application for a Zoning By-law Amendment Demands de modification ~ 1'arret~ sur le nonage Applicant Relatcd Information 1 Rens ~~ a :,ements sur le demandenr Name of Applip~nt /Nom du demandau ~ o c.c. ~~ ~l ,ps ~ '^' J (J Mailing Address of applicant I Addresse postale du demandeur l C~ 3 b ~ e. u e ~ ~ cJl ~A. t~ ~ ~ ~7 ~ ~- Postai Code /Cods postal ~ 2 I'i'1 ~'J' Telephone Number I NumE1v due t~l~pha-n7e Home !Domicile ~ ~7 "l' ~ f 7 Work 1 Travail ~ 3 ~ ~ ~ Z Fax Number / Numbeo de tdldoopieur ~ ~ .~ _ S~ 7 ~ Z- Name Of Fl V~4R l~ Owner (If d1flL. ~..:) !Nom du p: „R..:~iIE (si dlff~) Address / Adresse Postal Code /Code postal Property Information / Renseigaements sur la propri~t~ Location 1 Emplacement ~G~ D ~C v e ,~ IQ~ Civic ~ 1 No de vosrie Street ! Itue PID 1 NIP Lot Area 15vperficie du lot Street Frontage / Facade sur rue .~.4-~t~ Existing Use of F. ~Y:..,~ !Utilisation actuelie de la ~, . r .'.rites ~' l w y ~ Municipal Plan land Use Designation `1 De~ignatiem de uflizatiem des i.,,,:a sur le plan municipal Amendment Requested /Modifcation demaadee PresentZoning / Zonage actuel ~ - ~ r l Change Zoning to / Modification du nonage ~ I l --Z andlex / ew ^ Text Amendment (indicate particulars) /Modification due texts (indiquez les destails} 141 Development Proposal I Proposition d'am(•nagement Description of P. ~r,,.~,Ia}+l-1 DI es~criptian de la ,... ~ ! ~sitian ( .}1~,- L~nt~r~l.~ th ~IGGILt ~ q 4r~~P ~~IMc~ kn:~ ~f ~a I-l~r- J You must provide a scaled site plan that illustrates your proposal. Yau may also provide photographs, building plans, elevation drawings and arty other farm vjinjormation. The plan must show the dimensions ojthe properly, the location of all buildings, driveways, parking arieas, landscaping and signs. It is important that the distance between the property boundary and buildings Lire shown. Vous devez journir un plan du site b 1'~chelle illustrant votre proposition. Vows pouvez ~galement journir des photographies, des plans de bdtiment, des dessins de plan d'i'I~vation et taute autre forme de nenseignement. Le plan dolt indiquer les dimensions de la propri~t~, 1'emplacemerit de !a totality des b6tiinents, Iles aIl~es, des sires de siationnement, des am~nagements puysagers et des panneaux de signalisation. II est important d'indiquer la distance entre les limites de la propri~t~ et les b6timents. Provide seasons why these amendments should be approved- / Fournir tout autre renseignemend concemant votre Y.,,Y..~:tion ~ Y......ci.t ~ L7r. ~'.IVfreS. Provide any other in=~~.,... L ~::.on about your r. ~,, ~.~al that would be helpful. / Fournir tout 4,.:.:, rraseign:....:..t canoerna~t votre Y.,.Y ~~:tion qui pourrait Irtre utile. Sign:...;, al' Applicant /Signature du demandeur Date f1~71/• ~~ ZdO~ M 5400 Application Fce Enclosed 1 Ci joie les frail de demande de 400 S If you ~e not the owner ojthe land in questrorr please have the owner sign below T7re signature of the owner is authorizing this application to proceed for consideration by Common Council. Si,;. L.:.,.: of Owner (if applicable} Si,;. ~._...: due ~„ ,'r,.'.f~taire (s'il y a lieu) r Date: Si vows n'i3fes pas le propriestaire du terrain en question, veuillez obtenir to signature dir prapri~taire daps !a parhe ci-dessous. La signature du propri~taire autorisarit le traitement de 1a pr~sente demande pour que oPtte derni~re sort examinese le c:onseil communal. ~- ~~~. ~, z 142 Sid'mg to Match / -i 18'4 1l16" ~ LEFT ELEVaTZON Overtpug to Match 12 5.3 a 11'3 3!4' 143 fdQTE :, All Construction ro be Carded out in Axordance With al] Federal And I~t Building Cadea, H la the Responslhility of the BuClder to Check sll Dimensions e~ Repnrt ~Y F_rtvra or Omlasfana ro the Own®r Before Construdfon. RFdge vents -~~ ~ .... Cant~actor to enwra all FaciO, The Roof Pitdi Ia to AMtch 11a Roof Skieglm, Siding and Win< r~ ~,. wau and f~w~y re rd.e~y, ®y e~m~ s- ouP taw aF F~rriu~y ww~ a Footing on sar. ~.,~r d/e' 4R~ fv log. a.c~ a.bar r. ea.r, w~ M w4 e M [pcry, r~+. w~ Fxfst. I RIFiHT ELEVATION wdga vents DRIVEWAY SIDE ELEVATION iZ ~'!.S 144 ~Q~ All Cone „~ Dim Oml E]QSTIIJG 6~ ',?~'v' +~3f'~?iuf~en~ '~~~~~~: ~`idGki3~in'' 2~!b,~::~':iL~,'~_.- ~ !"`$,'~"SW~ n't 'y~ hY~v srud '~.'..~' ~ ~ 1~ ~ ~ -- -----~--- -L--------- -- ' -'- o. I ! ~- rm~u"xa~rx~~ a 6' x 4• FOiS Past ~' k P p~ ~ $ p yi O ~ a Y ~ r 4' x d' MiS Pant ....~._.. ~ I - ^ ~ Aaa~O' x ~0~~ ~ . / ~~Q x f~ closet '' '" ` _ ~ ~B~ -0'3' ~e boom I~ 0 3y. Ck..~i 0'G" C " 29'3" 1 ~ 1.vL~ ~~~~/ Caro+sta Pad ~d' x 40' x 1T ~ ~ A ~' 6'x6' I#LS Post J MAIN FL4~.2 PLAN NOTE ::: AA Coi>9irucgon to be Canted out in Accordance Wiih all Fedeta! And Local Building Codes. H b the Responsibility of the Builder io Check ap dimensions end Report any FJron or Omheiane to the Owner Before C.onatnedton. 145 '_ 8'3" r -I 12'6" t 16'3" t-' UrreofOVUhan~..~....._. __. 4'3" 4' r 'I 6'3" I - 6'3" I: ; . 9`9" I: 1 5' r: a 9•e" 106• x ~ . rrdlnpe I 0, a •x66` \' ~ dope P'a \ ~ ~ R5. 32' x b3' rclmrir® I rshder r,.rs~ ~ ~` I ...~ Z8'5' I z~ 18'3' ~ I l !~T Roof ~ ! st~oo~ ~ ~ ~ O a IL Itr~ ~ ~`~ , L ~ . ~ ~ ~ ~Imyl+~d ~ ~- ~ ~~ ~~ i ~. nTaae~ i ® ~~ ~ ~ c (~ 6' b ! ~l 16+eL ~( ~m ~Rf ~ ~~~, ~ ~' ,.,,.~~...., ~ .~..,... ,.. ~ .. ... ~' I i ~ sr. I i~,. ~ I . I 4~8" • H 15'11" ~ ~ l 1B'3" I l t I 'I I.,i.. ILJI ...L I~~~~IIiLI li l.~.Ilx.- .1 iL_.L .. I. "'J-'OIII .Ll.I ~ ~x `A.5.0.e.3R'x~T R5,0.~72'x~T //I/ B'3" I::I 8' t 1 B' 1:. B' I::I 5'9" ~I ~, 99• I i UPPER FLOOR PLAN 6ENERAE. NOTES ::: 1) All work to be carried out in acc and all Federal and L.oool Bui6 2) All demensions should be chec}u before work commences, by I Arty descrepancies found sho the owner, prior to the start 3) Arty and all changes in window 51 from what is shown on the dr approved by the owner. All window styles and sizes shot Donat Flamand (DF), from Bis 4) All finished grades to slope awa! and a ntin. 8" exposed faundat 5) Any finished grades shown on dr only and must be verified by ~ Any major changes to grades attention of the owner to dist 6) All concrete footings and slabs i soil or granular fill wmpnct tl NOTE ... Ail Construction to be Carried Dut in Accordance With ail Federal And Loral Building Codes. M la the Responsibility o! the Builder to Check all aimensians and Report any F_rtors or Omissions tv 1he lTmer 13etort: Constrvdlon. 146 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801442 2010 Department: Common Clerk's Office (Account # 71206) ~ Contact: Elizabeth Gormley Phone: (506) 658-2$62 I Fax: (SOd) 674-4214 Special Tn~~1..ctions (if any): Reference; 1030 Dever Road -December 22, 2008 -Public Hearin Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad "SJTJ Independent Placement "SJTJ Classifieds Date(s): Tuesday, November 25"', 2008 AND Tuesday, December I61h, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.} Section Headline: ^ General Notice ^ Tender ^ Proposal ® Public Notice Sub-Headline (if applicable): Text: YNSERT ATTACHED Call to Action: Elizabeth Gormley, Common ClerkJGreffiere communale Contact: I Telephone: (50b} 658-2862 147 PROPOSED ZONING BY-LAW AMENDMENT RE: 1030 DEVER ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint Jahn Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, December 22, 2008 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately l.3 hectares, located at 1034 Dever Road, also identified as being P1D Nos. 00398693 and 55085641, from "R-lA" One Family Residential to "R-2" One and Two Family Residential. REASON FOR CHANGE: To permit atwo-family dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Markei Square, Saini John, N.B. between the hours of $:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-4082 PROJET DE MODIFICATION DE L'ARRETE SLIR LE ZONAGE OBJET: 1030, CHEMIN DEVER Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'arrete sur fe zonage de The City of Saint John, lors de la reunio^ ordinaire qui se tiendra Bans la salle du Conseil le lundi 22 decembre 200$ a 19 h Rezonage dune parcelle de terrain dune superficie d'environ 1.3 hectares, situee au 1030, chemin Dever, et portant les NIDs 00398693 et 55085641, de zone residentielle -habitations unifamiliales uR-lA>r a zone residentielle - habitations unifamiliales et bifamiliales «R-2». RAISON DE LA MODIFICATION: Pennettre une habitation bifamiliale. Toute personne interestee peat examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a 1'hotel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feries. Veuillez faire parvenir vos objections au projet de modification par ecru a l'attention du soussigne a l'hotel de ville. Elizabeth Gormley, Greffiere communale 658-4082 148 BY-LAW NUMBER C.P.110- A LAW TO AMEND i ~; ZONING BY-LAW OF TAE CITY OF SAINT JOAN ARR)~T)~ N° C,P. 110- ARR~T~ MODIFIANT L'ARR~T)~ SUR LE ZONAGE DE rri~ CITY OF SAINT JOAN Be it enacted by The City of Saint Lors dune r6union du Conseil John in Common Council convened, as communal, The City of Saint John a follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: d6crEt~ ce qui suit L'arret6 sur le zonage de The City of Saint John, d6cr6t6 le dix-neuf (19) d6cembre 2005, est modifi6 par 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 1030 Dever Road, having an area of approximately 1.3 hectares, also identified as PID numbers 00398693 and 550$5641, from "R-lA" One Family Residential to "R-2" One and Two Family Residential. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the '" day of *, A.D. 2008 and signed by: Mayor/Maire 1 La modification de I'annexe «Ar>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie approximative de 1.3 hectares, situ6e au 1030, chemin Dever, et identifi6e sous les NIDs 00398693 et 55085641, de zone r6sidentielle - habitations unifamiliales «R-lA» ~ zone r~sidentielle -habitations unifamiliales et bifamiliales «R-2». - toutes les modifications sont indiqu~es sur le plan ci joint et font partie du pr6sent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes Common C1erk/Greffi6re communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture December 17, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 1030 Dever Road On November 24, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its December 16, 2008 meeting. Mr. Doug Simpson, the owner of the subject property, appeared to speak on behalf of the application and indicated that he was in agreement with the recommendation in the Staff Report. There were no other presentations made at the meeting concerning this application, and no letters were received from area residents. After considering the attached report and presentations, the Committee adopted the recommendation as set out below. RECOMMENDATION: That Common Council rezone the parcel of land located at 1030 Dever Road, also identified as PID numbers 00398696 and 55085641, from "R-lA" One Family Residential to "R-2" One and Two Family Residential. Respectfully submitted, Stephen Horgan Chairman PF Attachments Project No. 08-~32 150 DATE: DECEMBER 12, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 16, 2008 Patrick Foran Planning Officer SUBJECT Name of Applicant: Doug Simpson Name of Owner: Doug Simpson Location: 1030 Dever Road PID: 00398696 and 55085641 Municipal Plan: Low Density Residential Zoning: Existing: "R-lA" One Family Residential Proposed: "R-2" One and Two Family Residential Proposal: To constn~ct an attached garage with a dwelling unit in its second storey. Type of Application: Rezoning JURISDICTION OF COMMITTEE: 151 Doug Simpson Page 2 1030 Deg er Road December 12.2008 The C'or~~r~~trj~ity Plajrj~ij~g Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 22, 2008. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone the parcel of land located at 1030 Dever Road, also identified as PID numbers 00398693 and 55085641, from "R-lA" One Family Residential to "R-2" One and Two Family Residential. BACKGROUND: The Planning Advisory Committee, at its July 15, 2008 meeting, granted a variance to increase the maximum permitted height for an accessory building from 4.3 metres (14 feet) to 7.5 metres (25 feet) in order to facilitate the constn~ction of a 7.92 metre x 11.58 metre (26 feet x 38 feet) detached garage on the subject site. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering indicates that this property has municipal water and is on private septic. Buildings and Inspection Services has been advised of the application. Saint John Transit indicates that it provides service along Manchester Avenue. Fire Department has been notified of the application. ANALYSIS: The subject site is located on the north side of Dever Road, near its intersection with Manchester Avenue, on the City's West Side. The general area is comprised primarily of single-family dwellings however the property overlooks the rail yards and industrial area along the shore of South Bay. The property is aflag-shaped lot with an area of approximately 1.28 hectares (3.16 acres). The main part of the lot containing the applicant's single-family dwelling is approximately 130 metres (425 feet) from Dever Road. Separating the applicant's dwelling from those fronting directly on Dever Road is a thicket of mature trees approximately 44 metres (144 feet) in width. 152 Doug Simpson Page 3 1030 Deg er Road December 12.2008 Earlier this year, the applicant requested permission to constn~ct a 7.92 metre x 11.58 metre (26 feet x 38 feet) detached garage. Subsequent to issuance of the building permit, the applicant modified his plans by attaching the garage to the main dwelling and increasing its footprint to 13.2 metres x 11.9 metres (43.3 feet x 39 feet). The modified garage had already been under constn~ction by the time the Building Inspector noticed the changes, however given that the shell of the stn~cture conformed to the By-law requirements, the original permit was revised to reflect the modifications. The modified plans for the garage now include the creation of a dwelling unit in the second storey, which is not permitted given that the property is situated in an "R-lA" One Family Residential zone. The applicant has therefore requested to rezone the property to "R-2" One and Two Family Residential in order to accommodate the additional suites. Although Staffis not generally supportive of spot-zoning, it is recognized that the subject site is located on the periphery of the "R-lA" One Family Residential zone and is adjacent to both the railway and a large "I-1" Liglrt Industrial zone. There is consequently some planning rationale to support the transitioning of the single-family neighbourhood to the industrial area by permitting the proposed rezoning, especially in light of the site's relative isolation from the other dwellings in the vicinity. Further, it should also be noted that there are zones to the south of Manchester Avenue that permit two-family dwellings, including an area along the southern portion of Glenwood Drive which was rezoned to "R-2" One and Two Family Residential in 2003. It is therefore not anticipated that the proposed rezoning would alter the character of the existing neighbourhood and approval of the proposed By-law amendment can be supported. PF Project No. 08-~32 i The re~~ised permit does not include ane «~orh related to the additional d«~elling unit and a subsequent permit «~ill be required prior to occupation of the suite. if the propert~~ is rezoned. 153 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT ., N m r~ ahestec p,~. aY Man ` m y, ar ax I - ../' .''•, aa~•a, • a `~r~ Subject Sitelsite en question: Location: 1030, ch. Dever Road Date: November 1 november 17, 2008 Scalel~chelle: Not to scalelPas a I'echefle rmo ~• ~ w~a ~ a. - a ~''~a, rm~ ygt ,~ 06 ,~,~ - ~ ,. ~ ~ ~~ ' ,~, ~ o , rceu d '" a ~1 x ..>.., a ~ a 4 ~ .. .a . „'~ ~ ^ ae M a•„an/~ PID{s`)/NIP{s): 00398693 and 55085641 154 m r m C Z UI a 0 ~, "~~'Il ~ r z ii O ~ W ~, ~ b O ~ I W a w o~~ ~~ 33m ~ m ~~m ~~ •u a ~ ~ m 4- 3 m O m ~ ' , v ~~ ~~ g ~ ~, ~~ W~W ~~ _ ~a ~~ . ~"' ~3 ~~ H o $ ud 'w ~ m g Z 155 Y N t71 A Q r N 6 ~m~ro S ~~~~~ oa~~ m ~ T x ~~~ ~~ ~ ~ ~~ :~ '~~~~~ 4 ~_ p , 1 ~ ~~ x i : ~~ A ~. o ~ ~ A ~ P A _S ~ 1 `M1 ~ 1 ~. b O 1 ~: ~S; ~ ~; ~ ~ m w n ~ i ~ 1O I o p ~ i ~ i y i i 4 ~; ~. - ~ 9 ~ O ~,~~ CCC~~~ S w ~p3 a ~ ~~~~$ ~~.~ . ~~~ m~ ~~~ ~~ ~ ~.~. ~ ~~~ v~ a~T. w 0 0 r a H Z r 4 ~v -o Z og~ ~o ~ 33a ~ W ~ W 3~ W "' W ~, ~ Q o u g~ ~. ~~~ aio z~ ~~ ~m a3 ~~ m ~~. ~. a ~~ ~w ~a c ~D o n ~+ ~,~ s m 8 r S ~~ ~~ ~~ aN ~ N ~ ~ Z - - ,-.-- - -~ 157 r O Z a ~ w {{ ~ ~W s~ ~ S 7 0A0 W ~~ ~. N o C $7~ ~O ~ ~~ ~~ a ~j ~$w ~~• m .m's W ~ ~ ~~ a~ ~o ~~ v (y m m a ~' b a ~ u P -~, b R W N S ~~ f T c V, ~' ~l1 3 H ~~Z ~.~,s I # x a ~ y 0 k,' 'E ~ I ~I I""~ ~. ~ ~ ~. ~ ~ ~ ~ „4,6 ~ ,6 C~C .x,91 ~~~ ~~ ~ w W ~ N ~ •__ `f u ,11 r mob, ~ ~~ :I .,8,z4 I1 ..3,E1 I: ; .E.b r. ~~ s I` o T ~+ x ~ s. I I ~ I ~ 11 fit. ~ ~~i A ~0x ~~ i . x I •~ I m ~d ~~ I w ~~~ ~ N ~ ~ i ~ I w I:~ i ~ ,~ ~ 'te I I ~ I I N I L ~ l; ~'i a R I °, v;~ \ i w~ ~ ~ a y: ~~~ C w ~ _UI ~ .W N `.~. ~ ~ b ~ ~ ~ ~ T v~ ~ y o ~ ~ .i, d " n ~. rc ~ ~ - o ~ 0, p ~ ~ ~ ~ _, O ~ ~ ~ p S ~ ~- 7 G Z _~ ~~-~ ~ o ~' ~ ~~ 3 ~ 10~ o ~ ~~ T ~~ Q N ~ ~ O< O~~ ~ P x A ^- Tn 3~ ~ ~ K ti o T ~. ~ ~ ~ p fn ~ p. 4 Q m O Q ~ G ~ O ~ ~ ,~ N• ~ ~ ~. N p 7 CT O~ C yF ~Nv s ~ '~ ~ ~„ C ~ ~ ~ S O y 4 , S ~ y Q~~ ~ Q~ W~ ~~ ~ S-~ ~F W ~ pp .} 40 d ~ '~ f~ nn ~ =~' "C S ~ ~ `C O C Q ~ z O C o ~ H h z 3' ~ ~ t~ii ~ ~ ~ A Q '7~ ? ~ D o ~ + ~ P ~ t ~ ~ Q ~ N O !.L ~ ~ O O N C N ~ Q -} ~/1 7C' ~ -h 3' ' ~ ~ ~ ~. ~ Vi O p~ N ~ ~0. ~~ ~ ~ ~~ N ~ p a `G tai ~ ~ -M O _~ lO 4 o ~ s ~' vii z ~ w to a 158 ~~.~ t Application for a Zoning By-law Amendment ~ Munica~l PlCar-a Am~rn:~'~~ Demande de modification ii 1'arret~ sur le zonage Applicant Related Information / Renseignements sur le demandenr Name of Applicant 1 Nom du demar~rr L Gh~ rte, E l EG'k ~ i C ~) Mailing Address of applipnt 1 AdL..,~:, postalc du dernandeur J7 7 ~c~~C~n ~ruve. ~ . Postal Code /Code postal E 2 ~ 4 W ~o Telephone Nnmber / Nero de t~lesphone (v ~ ~--~ ~ 7~ b -] Home 1 Domicile Work 1 Travail ~ ~-O -- ~ ~ 7 Fax Number / Numn~ro de tel~copieur [~ c-i 3 ~' ~q 5 ~ ~' Name of I~ „r,,, l~ Owner (if di~';..:...t)1 Nom du Y.~.,r.:6taire (5i diffe<rent) ~,I~red C~~rc~on ~~1 ~ ~Canov~c~~. Nolc~~ric,:~ ('-~~1~ , [~rec~ Ste~c.~rt ~~1~ ~ l~arrvl C-~ar~one~ Address 1 Adresse Postal Code 1 Code postal Property Information / Renseignements sur la propri~t~ J~~.2~JJiD ~ ~j~l2~j LocdtionJEmplacement ~-~~ C--~1~ drove. l~C~ 29Qob~ t 5~~~~3o=y3_,~ 3d14$b Civic # / No dE voirie Street 1 Rue PID /NIP Lot Area ! Superficie du lot 3 ~ `-~ Cu'_r ~ ~ Street Frontacge / Facade sur rue t ~~b " Existing Use of F,.,r:...~ /Utilisation actuelle de la ~,.~,Y.:est~ ~e5; ~ ~ ~{-~ ~ ~ ~ ~ 21 .- .; ~G~YI t Municipal Plan land Use Designation D~signalion de utilization des terres sur le plan municipal LU w ~et15; ~ 2 eS iC'l.Sr,A' ! I l Q Amendment Requested 1 Modification demand®e Present Zoning I Zonage actual ~ RS ~ 2 `~ Change Zoning to /Modification du zonage ~ " ~, - 2 i t andlor / ou ^ Text Amendment (indicate partiailars)1 Modification due texte (irdiquez lcs details} ~ `~~rvice CO~rriC~O r 159 Development Proposal /Proposition d'am~nagement Description of Proposal /Description de la ,.,. , r asition You must provide a scaled site plan that illustrates your proposal You may also provide photographs, building plans, elevation drawings and airy other forne ojinjormation. The plan must show the dimensions ojthe property, the location ojall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. _ -.r- - i ~ , C:CG c=; S ~} ~'-1 Win. ~~5~ y l S 1 2 ~~' Y~ ~ Ll.~ Yous devez fournir un plan du site a 1'~chelle illustrant votre proposifion. Your pouvez ~galement journir des photographies, des plans de bltiment, des dessins de plan d'~IQvation et taute autre forme de renseignemen~ I.e plan dolt indiquer les dimensions de la propri+at~, !'emplacement de la totality des bbtiments, des aJl~es, des aires de stationnemenl, des am~nagements paysagers et des panneaux de sigrzalisation. II est important d'indiquer la distance entre les limites de la pmpri~t~ et les bftiments. P~rnro7 vide masons why Wer,(e,,,a~ndments should be approved. / Founur taut amore reaseignement Gon.,:...w..~ votre r:~,,,, ..sition 7~ paurrart ~ G 1' ~. - ~ .. L~beS. ~? c7 ~.a2~a1~~2 a~~U~=-~~~ --~'~5";_ `~iC~~ ~rvp ~~2UD~~j+' ~~~Cl~1~T~I~~ ~~N~ (~L S~J~C~ ~c2 Sd~~~-~- ~?c=l~ 51:21'5 G~ ~1~1L S~~Crr' Si~r.~~n iu ~'f}NrtiG ~~f~-~}- Pmvrde any other rnformatron about yonrr ,,:. ~~~ -sal that would bE helpful / Fournir taut amtre renseigaement oanaernamt voUre p.L,,.,.~tion qui po~rait ~tre ertile. Signature of Applicant. / Sigaatiuc du demander ~ _J Date No v e~~~-,;~ I ~1 , 2~$ S4oo Appliartion Fee Farclo~sed 1 ci joint les fiais de demasrde ae coo S Ijyou are not the owner ojthe land in question Si vows n'~tes pas !e propri~taire du terrain en question, please halve the owner sign below. The signature of veuillez obtenir !a signature du propri~taire daps Ia pantie the owner is authorizing this application to proceed ciilessous. I.a signature du propri~taire autorisant le jot consideration by Common Council. traitement de la p~raisente demande pour que oetie derni@re snit examine par le cvnseil communal. 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Pme~ ~ ~ ~ese ~md~dr~ ~ beams I I~oa~~aoota~Rea~ ma~at~otre ~oddaa q~dpo~~e~ppcoa~ Provr~lc aqr atba dos #Iboat rov-ryaop~wi ~t waaldbe L / ~~ir lo~atiw~aetaoarop~ot~oha o of App1i~ / She ~~~ ^ u00 A~Hpdm Pes ~ioeed /CS~ydostla L~1 ~~ de 4003 ~f~a- as 4ot err aver q/~e ~d ~#fo~ ~ -~,~7l1~~arkp~r ~r ~„oZr ~ fir! ~r ~ o+rAa~r~~ ~. i~fnr r,q f r o~lr 1a ~~nwew+e d~e~rnpr~e4fir~e Baru ~Opari~e ~on.er it rra~.1" . ~.~ ~, tifrlsa~p0oa~lan ~~~ d~~ to ir, ~ ,~, t4~r ~rar! k ~6wt~rc~idarmbn~ ~ry ~orara~~ ~ b-~ dfr~mdsA~'+P~ ardge dera~r ~~l~~ ~J~lal~fsfd.eobrr pgpwreaa, f+~pa:r~~ra~s esaa~~efar>~~„ar.,.l~, ~ntlsp~mr ~aif~~lf~s~aaueo+~dslap~apn~l~ ~'~ ~amr~#desbd~p~t ab~ dr~d~s~e r~s ,et ri~rp~eo<oc dr ~ad~tiaae. liar ~~~ e,~~r ~sl~+t drrl~,. , r,, ~'i~ tleii~, ~ ez fi x~f1 per ~. aranar~aL ~ u~ ~aJva 3~d dp~~q ~ 9KIT+'~1d 16=tt t:~~~ey./~t/TT 164 1 ~' • ~.~ ,- ,- ~ 1 1 / 1 1 1 1 I 1 1 t f 1 1 1 1 I J `~1 C 1 ~~ 1 1 t 1 1 1 ,r, ~t~~ '~ , a r~ ,~:~*~ .fi" ~; r~'~ /~a~ f ~~ 1~ r ~'~ _ ~ i/ a / •`\ / \ ~~~ ~~ ~,4~ G~~~E. ~~ ~ City of Saint John INTERNAL INSERTION ORDER ~ For Clty of Saint John use only: j Budget Number; 110 0$01 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506} 658-?.862 ~ Fax: (506) 674-4214 Special instructions (if any): Reference: 43-51 Golden Grove Road -Municipal Plan Amendment Newsnaaer Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad "SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, Decemiser 9~h, 2D08 Dates}: Dates}: Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ^ General Notice ^ Tender ^ Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: {506} 658-2862 166 PROPOSED MUNICIPAL PLAN AMENDMENT RE; 43-51 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would redesignate on Schedule 2-A of the Plan, from Low Density Residential to Service Corridor, the following property: A parcel of land with an area of approximately 2.9 acres, located at 43-51 Golden Grove Road, also identified as being PID Nos. 55027510, 00300129, 00299008, 55173033, and 00301986, as illustrated below. [INSERT MA.P] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, December 22, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CI3ANGE: To permit the development of an 930 square metre commercial plaza. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by January 22, 2009. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 43-51, CHEM]N GOLDEN GROVE Par lee presentee, un avis public est donne par lequel le conseil communal de The City of Saint John a 1'intention d'etudier une modification du plan d'amenagement municipal visant a faire passer la classification du bien-fonds suivant, a 1'annexe 2-A du plan, de zone residentielle de foible densite a zone de corridor de service une parcelle de terrain dune superficie d'environ 2.9 acres, situee au 43-51, chemin Golden Grove, et identifiee sOUS lee NIDs 55027510, 00300129, 00299008, 55173033, and 00301986, comme le montre la carte ci-dessous. [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lore de la reunion ordinaire du conseil communal le lundi 22 decembre 2008 dans la Salle du conseil, au niveau du hall d'entree, a I'hBetel de vine. RAISON DE LA MODIFICATION 1'amenagement d'un centre une superficie approximative de Veuillez faire part au conseil par ecrit de vos objections au projet de modiEcation au plus tard le 22 janvier 2009 a l'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du grefFier communal ou le bureau de 1'urbanisme et du developpement a 1'hotel de vine au 15, Market Square, Saint John, N.-B., enhe 8 h 30 et 16 h 30 du lundi au vendredi, sauf lee fours feries. Elizabeth Gormley, Greffiere communale 658 2862 167 approximately Penmettre une commercial avec 930 metres cartes .~ ~r f ~,.. a~~ ~ ~~ ~ ~ ~r .~- rv '~ ~~ ,` sue: ~~~ •~: ~~ The City of saint John 12/17/2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: That Senior Managers (The City Manager, Commissioner of Finance, Common Clerk, and City Solicitor) report on the current employee supervision and evaluation practices in their departments. The reports must include either an endorsement from the manager of the current system or recommendations for the implementation of an appropriate system to ensure the corporation is performing in an effective and efficient manner. These four reports may be presented separately and shall be presented to Council no later than June 1, 2009. After asking different city departments about employee qualifications and supervision of work, it is obvious that we not only require development of a performance management system for our senior managers that report to council, but must immediately undertake to ensure there is quality throughout our corporation. While this may not be one of our priorities of "What" we want to accomplish over our mandate, I strongly believe that this must be a priority of "How' we accomplish our priorities. In order to ensure that budgets approved for departments are spent in a most responsible manner we must have systems like this throughout. This motion allows managers to take responsibility for the current situation if they deem it to be appropriate or the opportunity to present Council with their plan to ensure quality and efficiency within their departments. Respectfully Submitted (received by email) Gary Sullivan SAINT IOHN P.O. Sox 1971 Saint John, NB Canada ESL 4L1 wwwsaintjohn.ca C.P. 1971 Saint Jahn,. N.-B. Canada E2L 4L1 --- .-~ 169 a ~= ~~ The City of SainE John I Zn 7~Zaas Your Worship Ivan Court Members of Commail Council Citv of Saint John Dear Mayor Court and Members of Council Motion: The City Manager report on the possibility of going to an electronic tendering process for The City of Saint Jahn. In the ward meeting at the KBM, a citizen asked why our tendering process was not electronic. This idea has been with me since and I believe that we should be investigating the possibility of tendering via websites and e-mail distribution Iists. By using the electronic media, the city should realize considerable savings from advertising in the local media and cast the net wider which would hopefully encourage more submissions, more competition and lower costs for the citizens of Saint Jahn. Respectfully Submitted (received by email) Gary Sullivan ~. __1- .- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 wwwsaintjohn.ca ~ C.P. 1971 Saint John, N.-i3. Canada E7L 4L1 170 Izils~zaos Your Worship Ivan Court Members of Common Council City of Saint John Dear Mavor Couri and Members of Council Motion; RESQLVED that cih~ staff «~ill provide information to individual Councillors upon request. I have found responses from staff to be inconsistent to my requests far information. While most staff I have worked with have been very accommodating and quite helpful, I have 1leard the line "if that is Council's wish'' more than once, and then not had a reply to my question. Through this nlation I would like to make it plain that staff shall respond to individual Councillor's requests for information. It is difficult to make informed decisions without information, and an inefficient use of time to bring difficult decisions to Council. With this motion as POLICY for the City of Saint John, staff may be held directly accountable should they decide not to supply the requested information. Respectfully Submitted (received by email) Gary Sullivan _~:~~ SAINT JOHN ---- - P.O. Bax 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1471 Saint John, N.-B. Canada E2L 4L1 171 ~~ M&C -2008 December 19, 2008 His Worship Mayor Ivan Court And Fellow Members of Common Council Your Warship and Members of Council: SUBJECT: SERVCNG THOSE WITH DISABILITIES ~, ~a. ~. The City of Saint lahn In October, Common Council received correspondence from Mrs. Karen Kincade advocating on behalf of disabled members of our community. At that time, Council referred the correspondence to the City Manager. This past week, Councillor Snook, Mrs. Kincade and myself had the opportunity to meet with the City Manager for more than two hours to not only discuss the questions she raised, but also to be educated with respect to the challenges facing. this group of citizens. In particular, we discussed issues of employment and the topic of a... "merit based approach "... versus an... "affirmative action "..., accessibility to both private and publically owned buildings, recreational programming availability for the disabled and of course, housing. As Council is aware, one of our recently approved priorities references the topic of accessibility for the disabled. While Common Council's statement and direction on this topic taming out of our priority setting session may not be as clear and concise as some might like, Council does have the benefit of having appointed an Ability Advisory Committee to provide guidance to Council on these issues. On the suggestion of the City Manager, Councillor Snook and I have concluded that the Committee's views an Mrs. Kincade's Ietter should be sought. We would encourage the Committee to meet with Mrs. Kincade, members of the disabled community, staff of Human Resources, Saint John Non Profit Housing and those organizations that are actively engaged in seeking out employment opportunities for the disabled. If Council is to make progress on this priority during our term we need to have baseline data as a reference point. Council needs to be made aware of the successes the City has had, the size of our disabled population and issues surrounding employment and housing opportunities. At the same time, Council should be aware of the direction being pursued by other levels of government and the City's legal obligations in this regard. 172 heport to Conz~rto~i Coicr2cil Page 2 SY~abject: Serving Those with Disabilities RECOMMENDATION: That the attached letter from Mrs. Kincade be formally referred to Council's Ability Advisory Board for a full and comprehensive report on all of the various topics. And further, that upon request, City staff provide the necessary support to the Advisory Committee. And finally, that the City Manager include in the proposed 2009 Operating Budget, to be considered by Council in January, an increase in the allocation of funds to the Ability Committee in order to allow the Committee to properly carry out this task. Respectfully submitted, COUNCILLOR JOSEPI-I MOTT 173 ., sue. ~: ~. '['he City oPSaint iohn December 18, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Fellow Councillors: SUBJECT: Solid Waste Collection Common Council has expressed an interest in reducing the municipal tax rate. At present the City provides solid waste collection services to residential properties. Other communities have opted to employ a user pay system andlor the use of private sector collection services. User pay ar direct pay approaches allow residents to control their cost of collection, encourages waste reduction and recycling efforts and provides a direct link between the cast incurred and service received. The proposed 2009 budget contains a provision of $4,270,000 for the complete solid waste management service. A tax reduction may be possible by removing a portion of this cost from our budgeted expenditures and moving to a user pay system in the coming year. A number of important issues would have to be addressed including time lines, use of equipment, contract issues, affordability, administrative costs etc. before a final decision could be made. However, I do believe a detailed analysis is warranted so that an informed decision can be made. Motion That the City Manager be directed to prepare an analysis and recommendation an the contracting out of solid waste collection services. Respectful Submitted, Christopher T. Titus Gouncillar SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 ; www.saintjahn.ca C.i? 1971 Saint John, N: B. Canada E2L 4L1 r--- 174 4 .i M& C 2008-385 December 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Centre of Excellence Water and Wastewater Technician Program BACKGROUND She Cl~- t}f S.sint r~ltn Over the past decade, there has been an increased attention in the industry on the operation and maintenance of water and wastewater systems so as to ensure those responsible are providing for the protection of public health. This focus has resulted in a new and ever evolving regulatory environment which has established training and certification requirements for staff. Integral to improving the quality of operation and maintenance in water and wastewater facilities is ensuring that operating staff are highly skilled, knowledgeable and that they carry out their responsibilities with commitment and integrity; to the highest of standards. Since 2001, the City of Saint John has been worlang closely with the New Bnmswick Community College (NBCC) -Saint John and in particular with Mr. Matthew McKim, MEng., P.Eng., (former college instn~ctor) who has been the lead in developing training programs for water and wastewater operators. The principle goal of the program has been to develop a blended delivery training that would improve the skills of operators of water and wastewater systems. Blended delivery training combines conventional classroom instn~ction and on-site sessions with the benefit of web-based distance learning to meet the diverse learning styles of operators and to recognize the critical role they have in protecting public health. The formal water and wastewater training program consists of training blocks for each of the fields of certification, namely; water treatment, water distribution, wastewater treatment and wastewater collection. Developed to date are the fundamental and intermediate level blocks for each of the various fields. The development of these formal training programs was completed through NBCC- 175 M&C Water and Wastewater Technician Program December 18, 2008 Page 2 SJ in co-operation with the City of Saint John and with the financial assistance of the Province of New Bnulswick through the Environmental Tn~st Fund (ETF). A total of $293,000 was made available to develop the training during the period 2004 to 2006. All content was shared with CCNB-Bathurst for purposes of translating and continued development of the francophone training program. Up until 2004 the City of Saint John Approvals to Operate the water and wastewater system as issued by the Minister of the Environment required operators to complete California State University courses through distance education in order to meet training obligations. In 2004 the Department of the Environment reviewed the curriculum and training material and at that time formally recognized NBCC Saint John training program as approved equivalents for all four fields; water treatment, water distribution, wastewater treatment and wastewater collection. Since this time, the City of Saint John has led the Province in terms of the number of staff trained and certified. FUTURE -WATER & WASTEWATER TECHNICIAN PROGRAM As noted in the Actioj~ Play for Safe, C'leaj~ Ih~ij~kij~g Water, creating positive change calls for enhancing knowledge and proficiency; awell-trained workforce to operate complex water and wastewater systems. The formal water and wastewater programs developed to date have proven invaluable; a means to educate; delivering critical knowledge to Saint John Water operations staff and to those at many other municipalities across New Brunswick, the Maritimes and private sector companies. The next step in this critical journey involves further developing the programs that have been built to date. The attached document "Proposed Program Vision Document' was created by Mr. McKim on behalf of Saint John Water for presentation to and consideration by the Department of Post Secondary Education. This two year diploma program would share its first year with a number of existing engineering technology and technician programs. Second year courses would be integrated with contract training for current water and wastewater operators. The proposed Water and Wastewater Technician Program would accept students who have completed selected courses in the first year of a nuniber of engineering technology and technician progranis offered by NBCC. These may include Process Control Technician, Chemical Technology, Industrial Control Technology, Power Engineering Technology, Civil Engineering Technology -Highway and Municipal Option, and Environmental Technology. These students will then take courses that are specific to the water and wastewater field in a second year and will graduate with a diploma as a Water and 176 M&C Water and Wastewater Technician Program December 18, 2008 Page 3 Wastewater Technician. As a unique approach, these courses will also be taken by current water and wastewater operators on a contract training basis. It is proposed that in conjunction with establishing a technician program that there would be bursaries provided for young high school graduates from Saint John. Up to five bursaries in total could be provided annually by Saint John Water to graduates of Saint John High Schools. The criteria could include those with high academic achievement and civic engagement, with preference given to one candidate who had attended Lorne Middle School (PALS Partner of the City of Saint John) and a second candidate from one of the five priority neighbourhoods. During the two year education period Saint John Water would provide co-op work-term opportunities for each of the bursary holders allowing them to get hands-on practical experience at water and wastewater facilities and a chance to apply the knowledge gained through the formal program. In the end, this would provide Saint John Water with a means of hiring new staff that have successfully completed post secondary education program in the field of water and wastewater; important considering 53% of Saint John Water's workforce have 25 years or more service. Other municipalities in the Maritimes face similar demographic profiles and will also be faced with similar challenges. Over the past few weeks, in efforts to continue advancing the realization of the vision, representatives from Saint John Water, NBCC-SJ and Mr. McKim met with the officials of the Department of Health and as well as the Department of Environment to discuss next steps and to seek support. RECOMMENDATION It is recommended that Common Council endorse the vision and realization of a two-year Water and Wastewater Technician Program, and further reinforce the foundation of a Centre of Excellence in Water and Wastewater at NBCC Saint John. It is further recommended that Common Council support the idea of establishing up to five bursaries for graduates of Saint John high schools. Respectfully submitted, J.M. Paul Groody, P.Eng. Terrence L. Totten, F.C.A. Commissioner, Municipal Operations City Manager 177 DRAFT PROPOSED PROGRAM VISION DOCUMENT PROPOSED PROGRAM TITLE: WATER AND WASTEWATER TECHNICIAN Date: 17 December, 2008 178 Table of contents Background and Rationale .............................................................................................. 3 Program Description ....................................................................................................... 4 Program Outcomes .......................................................................................................... 8 Relation to Strategic and Business Plan ........................................................................... 9 Program Data .................................................................................................................. 9 Admissions Profile ........................................................................................................ 10 Proposed Course List .................................................................................................... 10 Similar College Programs .............................................................................................. 11 Related National Occupational Codes ........................................................................... 11 Employment Opportunities ........................................................................................... 12 Certification Potential ................................................................................................... 12 Research Documents Used ............................................................................................ 13 Appendix A -Similar College Programs ....................................................................... 15 2 179 Background and Rationale Some Canadian communities have experienced the tragic consequences of water contamination in recent years, including those in Wallcerton, Ontario; North Battleford, Saskatchewan; and recently Kashec hewan, Ontario. These incidents have been linked to poor training of operators of treatment facilities. New Bnmswick and other Canadian provinces have taken steps to improve training for operators to reduce the potential for a repeat of these tragedies. In the past, training for operators in New Bnulswick generally consisted of short courses, typically 3 or 4 days duration, that were held in advance of multiple choice certification exams. These were not found to deliver the extent of skills and knowledge required by operators nor did they lead to high level of success with the certification exams. The City of Saint John recognized the need to establish enhanced training opportunities for their water and wastewater operators. In 2001 the city requested NBCCSJ to develop a more extensive training course for Wastewater Treatment Operators. The 10 day training session that was subsequently delivered was very successful and led to greatly improved outcomes in the certification exams. In 2002 the City of Saint John and NBCCSJ signed a Memorandum of Understanding The MOU committed the two parties to work towards establishing in Saint John a Centre of Excellence in Water and Wastewater that would be "offering training to not only city employees, but also servicing other municipalities and industry groups". Subsequent to the MOU, and with the assistance of City staff, NBCCSJ developed a comprehensive curriculum for workers in all four fields of water and wastewater operations (Water Treatment, Water distribution, Wastewater Treatment and Wastewater Collection). The curriculum consists of courses of instn~ction common to all four fields, for example basic mathematics, electrical safety and valve maintenance, as well as courses that focus on the different areas of operation, such as wastewater treatment and water distribution. It provides a logical sequence for the acquisition of general and applied knowledge and skills and builds a foundation for continuing career and professional development. Two stages of training are included in each of the four fields of operation, namely Fundamentals and Intermediate. The training curriculum has been integrated into the Outside Workforce Training and Career Development System through an extensive process of consultation with managers, union representatives and others through the fall of 2003. The City of Saint John and NBCCSJ moved to the next step in establishing Saint John as a Centre of Excellence in Water and Wastewater Operations by jointly requesting and subsequently receiving funding from the New Bnmswick Environmental Tn~st Fund to create a Blended Training program for Water and Wastewater Operators. Blended training combines computer based on-line training and hands-on training. Computer based delivery uses multi-media lectures and other resources to trainees through cd-roms and the Internet. On-line learning is augmented by on-site training sessions that provide -, 180 guided instn~ction and hands on experience. The on-site sessions use specialized training facilities located at NBCCSJ, including testing laboratories, back-flow prevention demonstrators, electrical safety equipment, and control systems. These are supplemented by demonstrations by senior operators at facilities of the City of Saint John. These demonstrations include SCADA, pipe tapping, chlorinator operation and leak detection. The Blended Training program has greatly increased access to training for operators in New Bnmswick. Training may be scheduled when convenient to trainees and they may progress at their own pace. Since the development of the program 146 individual operators from 19 municipalities and industries have received training. This initiative has met with great success with operators from across the province participating in the training. It is broadly recognised, however, that there is a looming shortage of new, qualified personnel to operate these systems. Three major factors lie behind this current and growing need for graduates, viz. an aging workforce, expansion of water and wastewater facilities to meet water quality standards and the increasing complexity of treatment systems. Fully 53% of the current 88 outside workers for the City of Saint John have 25 or more years of service. Other municipalities face a similar demographic profile in their current operators. The two largest municipalities in the Maritimes are both planning major investments in water and wastewater infrastn~cture. The Halifax Harbour Solutions Project includes the investment of $333 million in new wastewater collection and treatment facilities. Saint John is also investing large sums in both water and wastewater infrastn~cture. These projects will require additional staff. Through out the Province older treatment technologies, such as lagoons, are being updated and replaced with systems that require more highly trained staff to operate. It is proposed to meet the need for new employees to operate systems in municipalities and industries in New Bnulswick and elsewhere by developing a two year Water and Wastewater Technician program to be delivered at NBCCSJ. Program Description This is a two year technician level program that prepares students to operate water and wastewater systems in municipalities and industries. It shares its first year with a number of existing engineering technology and technician programs. Second year courses are integrated with contract training for current water and wastewater operators. The proposed Water and Wastewater Technician (W/WWT) program will accept students who have completed selected courses in the first year of a number of engineering technology and technician programs offered by NBCC. These may include Process Control Technician, Chemical Technology, Industrial Control Technology, Power Engineering Technology, Civil Engineering Technology -Highway and Municipal Option, and Environmental Technology. These students will then take courses that are specific to the water and wastewater field in a second year and will graduate with a diploma as a Water and Wastewater Technician. As a unique approach, these courses will 4 181 also be taken by current water and wastewater operators on a contract training basis. Figure 1 shows the sequence of training in the proposed program. First year courses will provide a solid foundation in science and technology for the trainees in the W/WWT program. Core skills and lalowledge will be gained in communications, mathematics and science (chemistry, microbiology, and physics). These competencies open the door to courses in applied technology. The first year courses will also include those that are applicable to many industries, such as Electricity and Electronics, Instnunentation, Industrial Health and Safety, and Computer Applications. All of the first year courses are offered by more than one current technology program. Some courses, such as mathematics, Newtonian physics, communications and computer applications are included in all of the programs. This means that existing operators who wish to work towards a W/WWT diploma will have considerable flexibility in taking these courses since they will be offered at different times, terms and (for some cases) localities. In addition, an increasing number of these courses are becoming available on- line. Second year courses will draw heavily on those courses developed for the existing Fundamentals and Intermediate training series for operators. The fall term (term 4) of year 2 will consist mostly of courses based on the Fundamentals training series and will use blended delivery. Existing operators talang the on-line Fundamentals courses will join the W/WWT students for the on-site sessions at the college. Since lectures of the Fundamentals courses are on-line, students will have considerable flexibility to take courses they may require to complete requirements from the first year of the program. (For example, students from first year Chemical Technology may take an instnunentation course or Process Technology students may enrol in a microbiology course). Figure 1 -Sequence of Training for Water and Wastewater Technician Program Sept -Dec Jan -April Mai -June ~ months ~ months 2 months Technology Technology Technology Grade Term 1 Term 2 Term 3 12 W/WWT W/WWT W/WWT Water and Term ~ Term ~ Term 6 Waste« ater Fundamentals Intermediate Advanced Technician Diploma J 182 The term 5 curriculum is composed mostly of courses derived from the Intermediate training series. These courses will be stn~ctured so that the W/WWT students take one course after another, for example 5 days of Water Distribution 2 followed by 5 days of Wastewater Collection 2, etc. Again, the existing operators can join these sessions at the college. The intermediate courses include, as much as possible, examples from the work place. For example, Water Distribution 2 includes design of a flushing program for a portion of a water piping system. Current operators can be teamed with W/WWT students to obtain drawings and field measurements. The last term (Term 6) will consist of courses in more advanced and specialised areas. These may include Advanced Preventative Maintenance, Energy Conservation in Water and Wastewater, Water and Wastewater Analysis, and Process Control in Water and Wastewater Systems. The last term will also include a Practicum where students will have a placement at a water or wastewater facility to gain experience from facility operators. The students will prepare a report to share their experience with other students upon return to the college and thus learn about the diversity of work that is performed in this challenging field. The current water and wastewater training programs will continue to provide vital training to current water and wastewater operators. Demand for this training will continue to help municipalities to meet the requirements of their Certificates of Approval (C of A) to operate water and wastewater facilities. C of As are issued by the NB Department of Environment and serve to set requirements for the training and certification of operators. All operators are required to receive acceptable training, such as is provided by the NBCCSJ Fundamentals program. Existing operators will also seek to increase their level of Certification. The Fundamentals series of courses provides preparation for operators preparing to write Level I and Level II certification exams. The Intermediate series provides knowledge and skills demanded by the higher levels of certification. Figures 2 and 3 show the sequence of Fundamentals and Intermediate training courses. Currently New Bnulswick is the only province that does not require existing operators to recertify. Other provinces set standards for recertification. For example Nova Scotia requires operators to have completed a certain number of continuing education units (CEUs) in their respective field over a 4 year period, as detailed in Table 1. New Bnmswick is expected to make a similar requirement for recertification. Aconsiderable demand currently exists for courses for the further development of skills and knowledge of operators. The pioneer work of NBCCSJ in partnership with the City of Saint John in blended delivery will enable Saint John to grow as a centre for this training. Table 1 -Nova Scotia Operator Renewal CEU Requirement Operator Level ~ Certificate Renewal Requirement Class I & II Class III & IV Overall DRC regardless of certification level 24 hours (2.4 CEU) of acceptable training over previous 4 years 48 hours (4.8 CEU) of acceptable training over previous 4 years 48 hours (4.8 CEU) of acceptable training over previous 4 years 6 183 Figure 2 -Sequence of Training for Fundamentals Training Water and Wastewater Common Systems 1 water Distribution Water Fundamentals Certificate Distribution 1 of Achievement water Treatment Water Fundamentals Certificate Treatment 1 of Achievement waste«ater Collection Wastewater Fundamentals Certificate Collection 1 of Achievement Wastewater waste« ater Treatment Fundamentals Certificate Treatment 1 of Achievement Figure 3 -Sequence of Training for Intermediate Training Water and Wastewater Common Systems 2 Water water Distribution Distribution 2 ~ Intermediate Certificate of Achievement Water water Treatment Treatment 2 Intermediate Certificate of Achievement Wastewater waste«ater Collection Collection 2 ~ Intermediate Certificate of Achievement Wastewater waste« ater Treatment Intermediate Certificate Treatment of Achievement 7 184 Program Outcomes Following successful completion of this program, the student will be able to: • Follow safe work practices in compliance with the occupational standards of Worksafe New Bnulswick. • Practice principles and ethics associated with water and wastewater issues. • Apply principles of physics, chemistry and microbiology to water and wastewater operations. • Perform mathematical calculations related to water and wastewater operations. • Produce plant logs, reports and other documents to manage information about operations and maintenance. • Render basic first aid. • Read and understand trade drawings. • To develop reports, spreadsheets, e-mail, and presentations using computer applications, and to use the Internet for basic research in a network environment. • Operate and maintain water and wastewater treatment plants to provide safe and acceptable water and protect the environment. • Operate and monitor computerized control systems. • Collect and test water and wastewater samples for chemical and microbiological content and respond as required to protect water quality. • Respond to customer complaints and make adjustments as required. • Troubleshoot water and wastewater equipment. • Carry out preventative maintenance. • Apply knowledge of regulations, water sources and characteristics, waterborne disease and multiple barrier techniques to protect water quality. • Install and maintain water distribution and wastewater collection systems. • Operate, monitor and repair water distribution and wastewater collection systems. Program outcomes are based in part on the National Occupational Guidelines for Canadian Water and Wastewater Operators: Competency Reference Guide, ECO Canada, 8 185 2005. Program outcomes will be reviewed by the Program Advisory Committee (PAC). Relation to Strategic and Business Plan Business Plan Goal 2.1 "To enhance our campus's ability to respond more effectively to requests for contract training and achieve greater gains from that source of revenue." -Additional contract training opportunities will be gained through development of new courses that will be available to both "regular" and contract trainees. Contract training revenue will be increased. Business plan Goal 4.1 "Increase access to NBCC programs." -Anew program will be developed at nominal cost by talang advantage of existing first year engineering technology courses and contract training courses. Students will enrol in the first year of undersubscribed engineering technology programs. Business Plan Goal 4.2 "Adjust programs to improve realignment with industry needs." -The proposed program provides a second year option of a number of technology programs so as to meet a growing need for operators of water supply and wastewater treatment systems used by industry and municipalities. Business development Goal 4.3 "The on-line delivery system and its products currently existing out of our campus will be enhanced." -Existing on-line training programs will be updated and enhanced as a part of developing the new WWW Tech program. Program Data • Duration is 80 weeks • Academic Designation is Diploma • Program type is regular • Language of delivery is English • Program delivery for the first year is Miramichi, Moncton or Saint John. Second year is delivered in Saint John • Program uses distance education (blended delivery) for 5 courses in the second year. • Proposed implementation date is September 2009. 9 186 Admissions Profile High School Diploma or Adult High School Diploma or GED Diploma of High School Equivalency with Grade 11 Mathematics Parts A and B (Level 2) and One (1) additional science (Chemistry or Physics)-Grade 11 or 12 (Level 2). Proposed Course List First Year (Terms 1, 2 and 3) Courses: • Industrial Health and Safety • Basic Computer Applications • Foundation or General Inorganic Chemistry • Applied Writing Skills • Mathematics Fundamentals • Newtonian Mechanics • Instnunentation • Electricity and Electronics • Applied Microbiology • Additional technology courses to equal 20 credits in total for first year Second Year (Terms 4, 5 and 6) Courses: • Water and Wastewater Common Systems 1 • Water Distribution 1 • Water Treatment 1 • Wastewater Collection 1 • Wastewater Treatment 1 • Water and Wastewater Common Systems 2 • Water Distribution 2 • Water Treatment 2 • Wastewater Collection 2 • Wastewater Treatment 2 • Water and Wastewater Process Control* (Substitutes for Instnunentation) • Disinfection and Disinfection By-Product Control* • Water and Wastewater Analysis* • Advanced Preventative Maintenance* • Energy Conservation in Water and Wastewater* • Water and Wastewater Microbiology* (Substitutes for Applied Microbiology) • Water or Wastewater Operations Practicum* * Tentative new courses 10 187 Similar College Programs The Water and Wastewater Technician certificate program at SIAST (Saskatchewan Institute of Applied Science and Technology) is offered by distance education (on-line and home study). It is primarily intended for existing operators; however those new to the field are also accepted into the program. It is the equivalent of 1 year of study (900 hours). Northern Alberta Institute of Technology (NAIT) has a 1 year program that is delivered by a mix of self study and conventional methods. It also is intended for both new and existing operators. Four Ontario programs have frill time conventional delivery. Northern College, Durham College, and Sault College have two year programs at a diploma level. Algonquin College has a one year program. Appendix A lists courses offered in 6 different programs broadly similar to that proposed. Related National Occupational Codes NOC 9424 Water and Waste Plant Operators "Water plant operators monitor and operate computerized control systems and related equipment in water filtration and treatment plants to regulate the treatment and distribution of water. Waste plant operators monitor and operate computerized control systems and related equipment in wastewater, sewage treatment and liquid waste plants to regulate the treatment and disposal of sewage and wastes. They are employed by municipal governments, industries and institutions." Example Titles include environmental systems operator, water treatment operator, water purification plant process operator, sewage plant operator, wastewater treatment plant operator, water filtration plant operator, and water treatment plant operator" NOC 7442 Waterworks and Gas Maintenance Workers "Waterworks maintenance workers maintain and repair waterworks equipment and facilities. They are employed in water filtration and distribution plants and waste treatment plants." Other titles include pipeline maintenance worker, utility plant maintenance worker and waterworks maintenance worker. 11 188 NOC 9212 Supervisors, Petroleum, Gas and Chemical Processing and Utilities "Supervisors in this unit group supervise and co-ordinate the activities of Water and Waste Plant Operators (9424). They are employed by water and waste treatment utilities and in a range of other industries and institutions that have water or wastewater treatment facilities. These may include pulp and paper, petroleum processing and food and beverage industries. Other Titles include sewage treatment plant supervisor and water purification plant foremai~/woman." Employment Opportunities The 3 digit code that includes 9242 (942 Machine operators and related workers in chemical, plastic and n~bber processing) is projected to have a growth in employment of 1.4 % between 2006 and 2015. The water and wastewater industry is very stable, i.e. not greatly influenced by economic factors and competition. A survey of municipalities was conducted in 2004 as a part of the Environmental Tn~st Fund project to develop blended training. It showed that respondents expected to hire 36 staff in the next 5 years out of 147 current positions in municipalities responding to the survey. This represents a turn over of approximately 25% in that period or about 75 operators if prorated to the approximately 300 operators determined by the Feasibility Study. The City of Saint John reports that frilly 53 % of their workers have 25 or more years of service and "is either already eligible to retire or will soon be eligible for retirement"i. Certification Potential Most provinces in Canada use certification guidelines for operators of water and wastewater facilities developed by the US based Association of Boards of Certification (ABC). The ABC uses four levels of certification for each of the four disciplines of operators (Water Treatment, Water distribution, Wastewater Treatment and Wastewater Collection). Each level has its own requirements for education and experience (see tables 1 and 2). The level of operator certification corresponds to four levels of classification for water and wastewater facilities. The levels of facilities are classified by their size and/or complexity. In general, the level of the facility determines the certification level of the operator, for example a Class III water distribution facility would require an operator with a Level II or higher Certificate in Water Distribution. The ABC system is essentially a North American Standard. ~ Personal communication «~ith Brent McGo~~eni, Depun~ Commissioner, Cin~ of Saint Jolni, 15/10/2008. 12 189 Tables 1 and 2 summarize the educational and experience requirements for operators based on level. There are a number of substitutions available to operators for experience and education. For example, the education requirements for Levels III and IV may be halved for operators with sufficient experience. This means an experienced operator may meet the educational requirements for the highest certification level (IV) after completion of the proposed program. Table 1 -Education Requirements ~ Level Typical Requirements I • Grade 12 or equivalent • Passim grade on Level I certification exam II II• Grade 12 or equivalent • Class I certificate • Passing grade on Level II certification exam III • Grade 12 or equivalent • 2 years relevant education or training, or equivalent IV IV • Grade 12 or equivalent • Class III certificate • Passing grade on Level IV certification exam • 4 years relevant training or education, or equivalent ~ Table 2 -Experience Requirements Level ~ Typical Requirements I 1 year operating experience II 3 years operating experience III 4 years operating experience, including 2 years direct responsible charge at a class II or higher facility IV 4 years operating experience, including 2 years direct responsible charge at a class III or higher facility Research Documents Used National Occupational Codes: lrtta://www5.hrsdc.~c.ca1NOC- CNP/aaa/checkversion.asax?lc=e&level=4&noccode=9424&code=9 13 190 lrtta://www5.hrsdc.~c.ca1NOC- CNP/aaa/checkversion.asax?1c=E&noccode=7442&code=7&level=4 lrtta://www5.hrsdc.~c.ca1NOC- CNP/aaa/checkversion.asax?lc=E&noccode=9212&code=9&level=4 Program Outcomes National Occupational Guidelines for Canadian Water and Wastewater Operators: Competency Reference Guide, ECO Canada, 2005. Employment Opportunities lrtta://www.hrsdc.~c.calei~/aublications resources/research/categories/labour market e/s ~_615_10_06/aa~e08. slrtml#national Certification lrtta://www.ion.calaublications/CertificationReaort.adf Similar Programs SIAST lrtta://www.siast.sk.calsiast/educationtrainin~/oncamausaro~rams/7266/5754/5851/index. slrtml#MAT%20124 NAIT lrtta://www.nait.calaro~ram home 15228.1rtm Northern College lrtta://www.northernc.on.calaro~rams/en~/environmental technician.lrtml Durham College lrttas://mvalace.durhamcolle~e.caldurham/aro~ram.do?from=subject&aro~ramID=1349 Algonquin College lrtta://extraweb.al~onauincolle~e.con~/fi~lltime aro~rams/aro~ramOverview.as_ax?id=301 4X04FW0& Sault College lrtta: //www. saultc. on. calPro~rams/Programs. asa? aro~code=5062&cat=study&~rou ac=E NG - - - 14 191 Appendix A -Similar College Programs College SIAST (Saskatche«~an) NAIT (Alberta) Northern College (Ontario) Program Water and Waste«~ater Water and Waste«~ater Tecluucian Ens ironmental Tecluiician: Tecluiician Water, Waste~ti ater, and Waste Resources Duration 1 Year (900 hours Self paced) 1 Year 2 Years Type On the job/Regular On the job/Regular Co-Op Delis erg Distance -Self sh~d~~ Con~~entional -Self Sh~d~~ Con~~entional Courses • Business Communcations 1 • Water Distribution I • Communications I • Business Communcations 2 • Water Treatment I • En~~ironmental • Basic Computer Operation • Waste«~ater Collection S~~stem • Mathematics I • Introduction to Microsoft • Waste«~ater Treatment I • Chemistn~ and Ph~~sics Word • Science and Electricit<~ • College Success • Introduction to Microsoft • H~~draulics and Blueprint Reading • Co-op Sh~d~~ Elcel 1 • Water Treatment Laboraton~ • La«~ and Ethics • Introduction to Microsoft Anah~sis I • Computer Applications I Elce12 • Waste«~ater Treatment Laboraton • Water Moiutoring and • Introduction to Microsoft Anah~sis I Sampling Access 1 • Computer Soft«~are Applications • Waste Facilit<~ Design • Graphical Communcations • Introduction to Work Elperience • Site Sui~~e~ ing Tecluiiques I • Work Elperience On Site • Hea~~~~ Dut~~ Equipment • Graphical Communcations • Water Distribution II • H~ drogeolog~~ ~ • Water Treatment II • Health and Safet<~ • Water and Waste«~ater • Support S~~stems • Plant Design Laboratoi~~ Principles • Waste«~ater Treatment II • Plant Operations I • Water and Waste«~ater • Introduction to Process Control • Driiil~ing Water Operations Laboratoi~~ Practicum .Waste«~ater Collection S~~stems • En~~ironmental Mathematics II • Tecluiical Mathematics 1 .Water Treatment • Soil and Air Moiutoring and • Water Treatment 1 • Laboraton Anah sis II Sampling • Water Treatment 2 • Waste«~ater Treatment Laboraton • Mill« right • Water Distribution 1 Anah~sis II • Water Qualit<~ Anah~st • Water Distribution 2 Laboraton Analysis • Waste«~ater Collection 1 • Waste Facilit<~ Operations • Waste«~ater Collection 2 • En~~ironmental Regulations • Waste«~ater Treatment 1 and Legislation • Waste«~ater Treatment 2 • Human Resource Management I • Communications II • Instnunentation • Plant Operations II • Clilorine Maintenance • En~~ironmental Mathematics III • Pumps and Motors • Process Control • Computer Applications II • Waste Characteristics 15 192 College Durham College (Ontario) Algonquin College (Ontario) Sault College (Ontario) Program Water Qualit< Techiucian Water and Waste« ater Ens ironmental Teclniician - Tecluiician Water Duration 2 Years Reg~~lar/Co-Op Reg~~lar Deli~er~ Conventional 1 Year (~5 ~ eels) Rebn~lar Conventional 2 Years Rebn~lar Cony entional Courses • Analytical Teclniiques • Computer Applications for Tecluiicians • Goy ennnent & Current Challenge • Mathematics I for Water Qualit< Teclniician • Health & Safety • Teclniical Communcations for Water Qualit< Tech • Chemistn for Tecluiicians • Communication for Career Success for Water Qualit< • Introduction to Water and Waste Water • Mathematics II for Water Qualit< • Regulations & Enforcement • Water Microbiology I • Basic Electrical Controls • Field Placement • Water & Waste Water Engineering • Waste Water Collection & Treatment • Water H~ draulics • Operating S~ stems • Water Microbiology II • Field Placement • Issues and Ethics in Science • Qualit< Assurance & Control • Instnunental Analysis • S~ stem Maintenance • Water Treatment & Distribution • Communications I • Ecology • Geographic hifoi7nation S~ stems (Gis) • Math Fundamentals • Water and Waste Water Chemisti~ • H~ draulics for Water and Waste Water • Water and Waste Water Plant Maintenance 1 • Reporting Tecluiical Information • Prey enting Water-Borne Illnesses • Water and Waste Water Plant Maintenance 2 • Industrial Waste Management • Water and Waste Water Biology • Water Resource Management • General Education Electi~ e • Occupational Health and Safety • Ens ironmental La« • Water Treatment for Water and Waste Water • Se~ti age and Waste Water Treatment • Water and Waste Water • Water and Waste Water Sampling and Analysis • General Education Electi~ e • Engineering Graphics • Communications I • Ens ironmental Science • Mathematics • Applied Phi sics I • Sui~ e~ ing • Principles of Chemish~ • Teclniical Commuiucation • Industrial Health and Safety • Mathematics • Certification Preparation • Instnunentation/Process Control • Tecluiolog~ and Society • Waste« ater Treatment • Waste« ater Collection S~ stems • H~ draulics • Muiucipal Sei~-ices • Water Supplies and Treatment • Field Placement • Entn Lei el Certification 16 193 4 .i M & C 2008 - 380 December 18ti' 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: ACTION PLAN FOR SAFE, CLEAN DRINKING WATER -VALUE REVIEW PURPOSE ~`f1Q Cil}" t7{ ~etJJli ~C~~lfl The purpose of this report is to request authorization of Council to proceed with a process to engage certified value specialist consultants to provide value engineering services related to the City of Saint John program to improve its water systems - An Actioj~ Play for Safe, C'leaj~ Ih~ij~kij~g Water. BACKGROUND Common Council has made safe, clean drinking water its p~io~ity; understanding the inanaeccsuNCCble value of quality water to the community. An Actioj~ Play for Safe, C'leaj~ Ih~ij~kij~g Water, presented to Council in October 2008, outlines a comprehensive strategy to bring drinking water treatment and services in Saint John to modern day standards. A key component of the plan (Part 13 Ass~~n~ij~g ti'ahre) concerns achieving value for money for Saint John Water and ratepayers of the utility. Value is the balance of worth, efficacy and importance of services against the costs of providing those services. It is about a standard of quality and a level of performance that reflects the most pn~dent allocation of resources. Success is realized when the desired benchmark of performance can be accurately defined and delivered at the lowest possible life cycle cost. Value Analysis A systematic, function-based evaluation is to be undertaken early in plan implementation - to assure that optimal efficiency and best value are achieved throughout development; to focus explicitly on the best possible outcomes for the investments to be made. The methodology to be used will be leading edge; recognized for its practicality and the positive financial outcomes that it will produce. 194 n Aetion Plan fo~• Safe, Clean D~•inking Wate~• -Value Rcn>ic~v Page 2 Repo~•t to Common Couneil, M & C 2008 - 380 Deeembe~• I8, 2008 Value engineering (VE) involves amulti-disciplinary team of recognized experts, worlang with utility and municipal representatives through a stn~ctured process of analysis and rigorous examination. The review will study every critical aspect of the plan; from treatment specifications to plant sizing, from project delivery options to pricing, from ecosystem impacts to source and system sustainability. The method to be used will promote communication across disciplines; to understand different perspectives, to look for innovative solutions and to evaluate each issue objectively. The ti'ahre Staj~dardi provides a practical guide for applying the principles of value methodology in a consistent and focused manner, and outlines the r~~ij~ir~~trr~~ that clients and providers should expect when the methodology is applied to a program or project. To qualify as a bona fide value study, the process must involve a multidisciplinary team of experienced professionals and project stakeholders that follows an organized ~Iob Play. The ti'ahre Tear~~ Leader must be trained in the methodology and be qualified to lead the study team. As the Tear~~ Leader plans, leads and facilitates the entire process, this individual must be highly skilled and experienced; and certified as a value specialist. The process will produce outcomes to help Council, staff and the public understand the rationale behind the alternatives available. A formal report will document risk, identify cost versus worth, compile a frill range of advantages against disadvantages, and provide recommendations. ANALYSIS It is the goal of Saint John Water, on behalf of system users and the community, to provide the best possible value for the investments that will be made in safe, clean drinking water and overall system improvements. To date, R.V. Anderson Associates Limited has been engaged to carry out the Prelir~~ij~arv Design of the Eastern aj~d Western Potable Water Ti~eatr~~ent Facilities and to provide a Revie~~~ of Rates aj~d Rate St~~~rct~n~e ORtions. CBCL Limited was engaged to prepare a Water Actioj~ Play: Potable Water Storage, Water Ti~ansr~~issioj~ aj~d Dist~~ib~rtioj~ Svster~~s Analysis c~ Ftrttn~e Plajrj~ij~g. Each of these pieces of work is a part of defining the path forward. It is proposed that Council endorse a process of selection and negotiation for engagement of specialist consultants for the conduct of a value engineering review of planned drinking water system improvements. This detailed review would provide answers, or direction to get answers, on a number of issues and questions, and offer advice on coordination of water treatment and distribution system improvements. i T c~hie b'tatu~arc~ atu~Boc~y oflitiou~lec~ge, SAVE International Vah~e Standard, June 2007 195 Aetion Plan fo~• Safe, Clean D~•inking Wate~• -Value Rcn>ic~v Repo~•t to Common Couneil, M & C 2008 - 380 Page 3 Deeembe~• I8, 2008 The value engineering consultant selection procedure will consist of the following steps: 1. A preliminary scope of worl~, that outlines the City's needs for a VE workshop, will be forwarded to several qualified, experienced Certified Value Specialists. 2. At their cost, the value consultants will be invited to present their qualifications and preliminary proposals at interviews to be held in January 2009. 3. Following the interviews, one or two of these consultants will be selected to provide a formal written proposal by the end of January 2009. 4. A contract would be negotiated with the preferred value consultant early in Febn~ary 2009. 5. The selected consultant will arrange for the VE workshop to be held during March 2009 and bring together the multi-disciplinary expert VE team. The following industry experienced and certified value specialist consultants have been identified as prospective candidates to lead the VE review and would be invited to participate in individual interviews in Saint John: Robinson Stafford & Rude, Inc. St. Petersburg, Florida caa Lewis & Zimmerman Associates, Inc. Rockville, Maryland Faithful+Gould, Inc. Liverpool, New York It is planned that these value consultants would be interviewed on January 6ti' and 7ti' with each interview set for three hours. The first two interviews would be held from 9:00 a. m. to 12 noon and 1:00 p.m. to 4:00 p.m. on January 6ti' with the third interview from 9:00 a.m. to 12 noon on January 7ti' Each would submit a letter outlining their expression of interest. The interviews will consist of a presentation by the consultant followed by questions from the City of Saint John selection committee. As a minimum, the consultant will address how they would undertake the scope of work including their methodology, the qualifications of the proposed team members, a schedule, an estimated cost and any suggestions that the City should consider. It is proposed that a selection committee composed of staff and the Water Committee of Council attend all three interviews and select the best firm on the afternoon of the January 7ti' 2009 -with the actual engagement process to follow. This engagement would be conducted in accordance with the process approved by Council on January 21`t, 2008 for the Engagement of Engineering Consultants - 2008 Capital Program (M&C 2008-04). 196 Aetion Plan fo~• Safe, Clean D~•inking Wate~• -Value Rcn>ic~v Page -1 Repo~•t to Common Couneil, M & C 2008 - 380 Deeembe~• I8, 2008 It is also proposed that the City engage William Hargrave of Hargrave & Company as an independent expert advisor to augment staff resources and assist Saint John Water in preparing for and coordinating the VE process. Mr. Hargrave is a respected water system consultant and water treatment design engineer who has worked extensively with the City of Saint John over the years. Staff proposes to negotiate a scope of work and a fee proposal with Hargrave & Company to carry out this work. FINANCIAL IMPLICATIONS It is estimated that total cost for the expert advisor and the Value Engineering review will be approximately $280,000. The work would be charged to the Water Treatment project approved under the 2008 Water & Sewerage Utility Fund Capital Program. This expenditure must be considered in the context of the Actioj~ Play for Safe, C'leaj~ Ih~ij~kij~g Water, currently valued at over $200 million. The value engineering review could have a substantial impact on both reducing costs and assuring high quality results. RECOMMENDATION It is recommended that Common Council authorize staff to proceed with the process for engagement of value specialist consultants for the value engineering review of planned water system improvements - An Actioj~ Play for Safe, C'leaj~ Ih~ij~kij~g Water and, further, to engage William Hargrave of Hargrave & Company to act as an advisor and expert resource to the City of Saint John. Respectfully submitted, J. M Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager 197 4 .i M&C2008-378 December 1 7`", 2008 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBf ECT: INFRASTRUCTURE FUNDING OPPORTUNITIES PURPOSE The Cil~- "}f S,tui Ic~hr~ The purpose of this report is to provide Council with a tentative program of community infrastructure projects that could be carried out in support of a special infrastructure investment initiative of the Government of Canada or the Province of New Brunswick. BACKGROUND At the Committee of the Whole meeting on Saturday, December 1 3`", staff was asked to contemplate infrastructure projects that could be implemented in the relatively near term in support of a possible Federal plan to stimulate the economy; there may be an opportunity to access special infrastructure funding. Senior governments would expect such projects to address community needs, to create jobs, and to act as economic stimuli for the community, the region and the Canadian economy generally. ANAYLSIS We understand that any special program of the Federal Government would require the ability to act very soon -projects that could be started in three or four months time; to begin early in the 2009 construction season. In order to do this, the City would have to identify suitable candidate projects, have design and project specifications ready or close to ready, and have the resources necessary for implementation: staff to manage the special program and individual projects, over and above regular programs; engineering services to design, prepare specifications and provide field inspection; and sufficient contractor resources to construct the works. The challenge would then be for the Mayor and Common Council to take the political lead in securing funding. Anticipating that a sustained economic turnaround may take more than a number of months, we believe it would be prudent to plan for amedium-term period of recovery. Also, many significant, job-intensive infrastructure projects, those with high economic impact, are typically larger in scope and require a somewhat longer term of engineering 198 Infrastructure Funding Opportunities December 17th, 2008 Report to Common Council M&C 2008 - 378 and construction. For these reasons, staff has formulated a 3-year "Special Infrastructure Program" that should help position the City of Saint john through to the end of 201 1 . The "Special Infrastructure Program" (attached) has been assembled to meet anticipated requirements of a Federal investment initiative to help stimulate the economy. A series of considerations have been applied in formulating of the suggested program: 1 . Address identified Infrastructure needs of the community; 2. Create meaningful and productive employment (jobs); 3. Design and specifications ready or at an advanced stage; 4. Funding levels in addition to expected municipal capacity; 5. General economic stimulation; and 6. Enhance sustainability of the community. Securing funding will be dependent on the projects proposed by the City of Saint ,John being accepted by the senior governments. Leadership and frontline contact with those governments should come directly from the Mayor and members of Common Council. FINANCIAL IMPLICATIONS The "Special Infrastructure Program" proposes a potential infrastructure investment of about $100 million to address priority community needs and creation of over 1 100 jobs (estimated based on FCM guidelines), implemented over three years as follows: 2009 $31 ,770,000 353 jobs 2010 $45,145,000 502 jobs 2011 $23,090,000 257 jobs RECOMMENDATION It is recommended that Common Council adopt the "Special Infrastructure Program" (attached) as the basis for a City of Saint ,John request for special infrastructure funding assistance from the Federal and/or Provincial Governments, and that a submission be forwarded to the respective Federal and Provincial ministers under the signature of His Worship Mayor Court, with follow-up by the Mayor and members of Common Council. Respectfully submitted, j. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager 2 199 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 1 Mar 2009 May 2009 West Drinking Water Transmission Main to Pipeline Road West (Spruce Lake to Gault Road) Oct 2009 Installation of approx. 3400m of new 600mm transmission main, including 1700m of 200mm rider main for local service to Ocean Westway Project Manager: Dean Price Engineering: CBCL Potential job creation (based on FCM guideline): 63 2 Ready Apr 2009 Reconfigure and Reconstruct Industrial Transportation Link to Bayside Drive (Old Black River Road) at Grandview Avenue intersection Jul 2009 Intersection realignment (approx. 1 55m of new 300mm storm sewer, road widening, curb and gutter, cold milling, landscaping, paving) Project Manager: Brett McLean Engineering: Municipal Engineering Potential job creation (based on FCM guideline): 1 1 3 Feb 2009 Apr 2009 Storm Water Management -Mystery Lake Control Structure to Renewal of existing control structure complete with control valve Aug 2009 Project Manager: John Campbell Engineering: Gemtec Potential job creation (based on FCM guideline): 13 200 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 4 Jan 2009 Apr 2009 Rothesay Road Reconstruction and Active Transportation Upgrade to Fulton Lane to Colony Road Nov 2009 Installation of new sanitary sewer, storm sewer, road reconstruction, curb, sidewalk, active transportation, landscaping Project Manager: Jim Flogeras Engineering: Godfrey Associates Potential job creation (based on FCM guideline): 70 5 Feb 2009 Apr 2009 Westfield Road Reconstruction and Active Transportation Upgrade to Gault Road to River Road Co-op Oct 201 1 Road reconstruction (drainage control, curb and sidewalk (north side), active transportation, landscaping, expanded foam asphalt resurfacing) Project Manager: Tim O'Reilly Engineering: Terrain Potential job creation (based on FCM guideline): 47 6 Ready Apr 2009 Howes Lake Landfill Site Closure to Landfill site closure - Phase V and VI Aug 2009 Project Manager: Kevin O'Brien Engineering: Gemtec Potential job creation (based on FCM guideline): 13 201 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR YEAR~ACT I ON ITEM PROJECT DESIGN CONSTRUCTION 7 Feb 2009 Apr 2009 Ashburn Lake Road Widening /Realignment to Rothesay Avenue intersection of Ashburn Lake Road and Retail Drive Oct 2010 Construction of additional lanes, bridge construction and renewal, and re-alignment of intersection with Retail Drive Infrastructure in preparation for potential Highway #1 interchange at Foster Thurston Drive and Ashburn Lake Road Project Manager: Brett McLean Engineering: Stantec Potential job creation (based on FCM guideline): 39 8 Ready Apr 2009 King William Road Potable Watermain to Water Tower Road to Lorneville Road June 2009 Install approx. 170m of new 250mm watermain, disconnect existing tees from 900mm transmission main, as part of water distribution system reconfiguration Project Manager: Jeremy Howley Engineering: Municipal Engineering Potential job creation (based on FCM guideline): 4 202 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 9 Ready Apr 2009 Fairville Blvd -Simms Corner -Bridge Rd (PDH #100) Corridor Upgrade -Phase 1 to Catherwood Drive to Mall Entrance Jul 2009 Road reconstruction (excavation, drainage control, curb, sidewalk, landscaping, active transportation, paving (Phase 1 of 2) Project Manager: Brett Mclean Engineering: Terrain Potential job creation (based on FCM guideline): 16 10 Dec 2009 Apr 2010 Fairville Blvd -Simms Corner -Bridge Rd (PDH #100) Corridor Upgrade -Phase 2 to Realignment of intersection, retaining wall rehabilitation (Phase 2 of 2) Nov 201 1 Project Manager: Brett Mclean Engineering: Terrain Potential job creation (based on FCM guideline): 89 203 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 1 1 Mar 2009 May 2009 Peel Plaza Infrastructure Construction to Union Street / Hazen Avenue / Carleton Street area Oct 2009 Renew approx. 270m of 200mm sanitary sewer and Renew approx. 455m of 200mm and 300mm C.I. watermain in conjunction with street reconstruction as part of the proposed Peel Plaza Development. Street reconstruction (excavation, storm sewer, underground utilities, curb, sidewalk, landscaping, paving) to be done as part of the proposed Peel Plaza Development Project Manager: Brett McLean Engineering: Stantec Potential job creation (based on FCM guideline): 32 12 Mar 2009 May 2009 Burpee Avenue Retaining Wall to Rockland Road towards Mount Pleasant Avenue Jun 2009 Renewal of stone retaining wall behind new hotel Project Manager: Jodi Stringer Engineering: Fundy Engineering Potential job creation (based on FCM guideline): 4 204 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 13 Jan 2009 Apr 2009 Priority Neighbourhood -Victoria Square Restoration and Upgrade to Old North End Jun 2009 Renovate entire square: asphalt paths, lighting, concrete slabs for site furnishings, additional in-grade stairs and railings, precast retaining wall, repair stairs and build patio at apartment building, the mosaic wall, landscaping, site furniture, and building a gazebo in the square. Project Manager: Peter Hanlon Engineering: Dan Glenn Potential job creation (based on FCM guideline): 3 14 Jan 2009 Jun 2009 Priority Neighbourhood -Robertson Square Restoration and Upgrade to Old North End Aug 2009 Park has been subject to severe erosion problems from the Saint John River. Renovate the entire park: asphalt paths, curb, concrete and retaining wall, creating an asphalt basketball court with b-ball net and post, new play equipment, fencing, building a boardwalk above an erosion resistant gabion wall, site furniture, new lighting, landscaping, and park sign. Project Manager: Peter Hanlon Engineering: Dan Glenn Potential job creation (based on FCM guideline): 2 205 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 1 5 Jan 2009 May 2009 Priority Neighbourhood -Crescent Valley (Fleming Court) Park to Crescent Valley Jun 2009 Design for Fleming Court includes play equipment, landscaping and a splash park. Share of funds have been raised by the community ($190,000). Project Manager: Peter Hanlon Engineering: Dan Glenn Potential job creation (based on FCM guideline): 7 16 Apr 2009 Jul 2009 Mill Creek Culvert, Lorneville Road to Mill Creek crossing Sept 2009 Reconstruction of existing storm drainage crossing including concrete culvert installation to channel storm water flows and prevent road erosion due to heavy storm water runoff Project Manager: Shayne Galbraith Engineering: Municipal Engineering Potential job creation (based on FCM guideline): 7 206 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 17 Jun 2009 Aug 2009 Market Place Reconstruction/Rodney Terminal Storm Sewer to (RDH) -Icing Street West to St. John Street and Market Place pumping station to outfall May 2010 Part 1 Renew approx. 625m of C.I. with new 300mm watermain and approx. 165m of T.C. sanitary sewer, and street reconstruction (excavation, backfill, curb, sidewalk, landscaping, paving), Install approx. 820m of new trunk storm sewer Part 2 Aug 2009 Rodney Terminal renewal or structural lining of approx 380m of 21 50mm diameter to CMP trunk storm sewer Nov 2009 Project Manager: Susan Steven-Power Engineering: Crandall Potential job creation (based on FCM guideline): 61 18 Apr 2009 Jun 2009 Beaverbrook Avenue Drinking Water Transmission Main to Wellesley Avenue to Pugsley Avenue Oct 2009 Install approx. 960m of new 400mm transmission main and 300mm watermain renewal at Visart Street along with new watermain installation on Somerset Street to improve service and pressure to the Millidgeville area Project Manager: Dean Price Engineering: Dillon Potential job creation (based on FCM guideline): 24 207 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR YEAR~ACT I ON ITEM PROJECT DESIGN CONSTRUCTION 19 Jul 2009 Apr 2010 West Drinking Water Transmission Main -Dever Road/Milford to Manchester Avenue to Church Avenue and Milford Oct 2010 Cleaning and lining or renewal of approx. 1800m of existing 600mm transmission main and installation of a 300mm dia. watermain to Milford. Remove old 100 mm saddle, etc. from 600 mm main and install BV Project Manager: Dean Price Engineering: CBCL Potential job creation (based on FCM guideline): 43 20 Oct 2009 Apr 2010 to Aug 2010 Golden Grove Road Reconstruction Dresden Avenue to Essex Street East Road reconstruction (excavation, drainage control, curb, transportation, landscaping, paving) Project Manager: TBD Engineering: TBD Potential job creation (based on FCM guideline): 18 sidewalk, active 208 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 21 Apr 2009 Jun 2009 Watershed -Robertson Lake Dam Rehabilitation and Upgrade to Robertson Lake Sep 2009 Construction of upgrade to the Robertson Lake Dam spillway, add 1.2 m of free board and provide a long term vegetation management plan for the earth embankments Project Manager: Brett Mclean Engineering: Gemtec Potential job creation (based on FCM guideline):13 22 Dec 2009 Jun 2010 Watershed Protection Improvements to Hunter Lake; Latimer Lake South; McBrien Lake; Terreo Lake; Taylor Lake Sep 2010 Structure rehabilitation in accordance with previous design Project Manager: Nicole Taylor Engineering: Crandall Potential job creation (based on FCM guideline): 8 209 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR YEAR~ACT I ON ITEM PROJECT DESIGN CONSTRUCTION 23 Dec 2009 Apr 2010 Somerset Street (RDH) Reconstruction to (RDH) -Samuel Davis Drive to Millidge Avenue Sep 2010 Street reconstruction (storm sewer, excavation, backfill, curb, sidewalk, landscaping) Project Manager: Jim Flogeras Engineering: Terrain Potential job creation (based on FCM guideline): 32 24 Dec 2009 Apr 2010 Latimer Lake Intakes /Screen House to Construction of a new screen house, upgrade at dam and installation of approx. Nov 201 1 600m of new 1050mm intake pipe, including construction management services. (Phase 1 of 2) Construction of screen house, upgrade at dam and intakes and fore bay, including upgrades to Latimer Lake dams (Phase 2 of 2) Project Manager: Dean Price Engineering: TBD Potential job creation (based on FCM guideline): 98 210 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 25 Dec 2010 Apr 201 1 Cottage Hill Zone Drinking Water Transmission Main To Champlain Heights pump station to Cottage Hill tank Oct 201 1 Installation of new transmission main required to support increased water demand from growth Project Manager: TBD Engineering: Crandall Potential job creation (based on FCM guideline): 25 26 Dec 2010 Apr 201 1 Chesley Drive (PDH #100) Infrastructure and Reconstruction to (PDH #100) -Bentley Street to Reversing Falls Bridge Oct 201 1 Renew approx. 625m of 200mm and 300mm C.I. with new 300mm watermain and approx. 120m of 300mm sanitary sewer. Concrete curb and gutter repairs, concrete sidewalk repairs (City), active transportation, storm sewer (Merritt Street to Douglas Avenue), road excavation, backfill, structure adjustments, paving, landscaping Project Manager: TBD Engineering: TBD Potential job creation (based on FCM guideline): 31 211 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 27 Dec 2009 Apr 2010 Greenwood Wastewater Treatment Facilities -Local To Greenwood Subdivision Wastewater Treatment Facility Oct 2010 Install 2 sanitary lift stations and approx. 3500m of associated sanitary collector sewer / forcemain system to eliminate the existing wastewater treatment facility Project Manager: Kevin Rice Engineering: TBD Potential job creation (based on FCM guideline): 25 28a Dec 2009 Decision 2010 Marsh Creek Storm Water Diversion -Design and Cost-Benefit Preliminary design of overall piped (pressurized) diversion system with a full cost benefit analysis of such a system for the Marsh Creek Basin. Detailed system design and full cost estimates, subject to cost benefit feasibility Project Manager: John Campbell Engineering: Terrain Potential job creation (based on FCM guideline): 13 28b Dec 2009 Apr 2010 Marsh Creek Storm Water Diversion -Phase 1 to Installation of main trunk line from Coldbrook to Drury Cove, including construction Nov 2010 management services. (Phase 1 of 4) Project Manager: John Campbell Engineering: Terrain Potential job creation (based on FCM guideline): 63 212 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 28c Dec 2009 Apr 201 1 Marsh Creek Storm Water Diversion -Phase 2 to Installation of Upper Glen Falls inlets, including construction management services. (Phase 2 of 4) Nov 201 1 Project Manager: John Campbell Engineering: Terrain Potential job creation (based on FCM guideline): 49 29a Feb 2009 Apr 2010 Rockwood Park Redevelopment -Phase 2 to Realignment of Mt. Pleasant and the creation of a formal entrance & boulevard for Rockwood Park. Environmental cleanup of storm water & area drainage -improved Oct 2010 swimming conditions and fish habitat in Lily Lake including improved storm discharge to Marsh Creek. "Greening" of park entrance. Creation of improved parking for gardens and front area of Rockwood Park. Correction of dangerous intersection and cross walk at Arrow Walk/Mt. Pleasant. New entrance for Campground and further work on accessibility for Lily Lake Trail. Project Manager: Peter Hanlon Engineering: BDA Potential job creation (based on FCM guideline): 46 213 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR ITEM YEAR~ACT I ON DESIGN CONSTRUCTION PROJECT 29b Feb 2009 Apr 201 1 Rockwood Park Redevelopment -Phase 3 to Replacement of Lake Drive Bridge, environmental enhancement for Heritage Ponds - including dam repairs. Construction of Highwood Drive Multi-use Trail and Mountain Oct 201 1 Walk Trail. Upgrading of Interpretive Centre Roadway, expand parking lot and accessibility for Interpretive Centre. Project Manager: Peter Hanlon Engineering: BDA Potential job creation (based on FCM guideline): 22 29c Dec 2009 Apr 201 1 Rockwood Park Redevelopment -Phase 4 to Public Gardens, improve accessibility to both Gardens and connection to Rockwood Park. "Greening" and general improvements to Campground including accessibility Oct 201 1 and interconnection to trails and rest of Rockwood Park. Upgrade trails to east of Campground to recognized standard and environmental improvements for ponds. Project Manager: Peter Hanlon Engineering: BDA Potential job creation (based on FCM guideline): 20 214 CITY OF SAINT~OHN -PROPOSED "SPECIAL INFRASTRUCTURE PROGR YEAR~ACT I ON ~ ITEM PROJECT DESIGN CONSTRUCTION 30 Jan 2009 Jun 2009 Visit Canada Visitez to Finish work on existing plazas, planting, boardwalk (Manitoba site, create veterar memorial site, asphalt and furnishings Aug 2009 Project Manager: Peter Hanlon Engineering: Dan Glenn Potential job creation (based on FCM guideline): 3 31 Aug 2009 Oct 2009 Saint John Trade And Convention Centre Modernize and Upgrade to Reconfigure and modernize overall Trade and Convention Center as well as improve operations and overall security. The project involves demolishing Montague rooms tc Dec 2010 expand and renovate the lobby and add washrooms at the west lobby. Replace existing operable wall (deteriorated) and add an operable wall in the Great Hall foi more flexible space. Modernize lightning, ceiling and update audio systems. Improve aesthetics and acoustics. Secure back of the house from retail. Reconfigure anc increase storage. Project Manager: Hilton Canada (in conjunction with SJ Development Corporation) Engineering: TBD Potential job creation (based on FCM guideline): 94 TOTAL ESTIMATED COST 215 ' /~ ,~' City Manager's Ott'ice Bureau du directeur general December 17, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 o o~~ SUBJECT: Vibrant Communities - "Five Priority Neighbourhoods & Youth Planning Sessions" Vibrant Communities is offering to take a leadership role in organizing community and neighbourhood planning sessions for the five priority neighbourhoods in Saint John. The purpose of these planning sessions is twofold; 1) to review successes of the 2008 Neighbourhood Development Stimulation Grants received by the ONE Change, Crescent Valley Resource Centre, West PACT, The Resource Centre for Teens, and Vibrant Communities; 2) to develop plans and programs that will meet identified neighbourhood needs, issues and concerns. A separate youth engagement planning session will also be coordinated to identify common key issues youth have in Saint John. Vibrant Communities is making application to the Neighbourhood Development Stimulation Grant Program requesting $1500 /planning session. There will be a total of 6 planning sessions organized early in 2009 which will impact on the priority neighbourhoods of Crescent Valley, Lower South End, Lower West Side, Waterloo Village Area and the Old North End. A total of $9,000 is being requested for these planning sessions. City staff agrees that to remain successful and maintain focus on neighbourhood needs, it is essential that the priority neighbourhoods conduct these community meetings. These meetings will provide opportunity to reflect on successes in the neighbourhood, identify concerns and issues, and develop plans to sustain and meet the ongoing needs and challenges faced by each neighbourhood. The City of Saint John will be represented at these planning sessions by staff of the Leisure Services Department. i 216 The 2008 budget for the Neighbourhood Development Stimulation Grant has sufficient funds available for this undertaking. RECOMMENDATION: That the City of Saint John support the Vibrant Communities priority neighbourhood planning sessions with a grant in the amount of $9,000 from the 2008 Neighbourhood Stimulation Grant Program. Respectfully submitted, atrick Woods Deputy ity Manager ~~~~ T.L. Totten FCA City Manager 2 217 v I°rI r' 5 ~, . ~. p ~~:: December 9, 2008 Neighbourhood Stimulation Grant; neighbourhood planning request. Vibrant Communities Saint John, on behalf of the five priority neighbourhoods and the TRC{Resource Center for Youth) would Pike to request a total of $9000 for community and neighbourhood planning. This total allows for community planning with the following groups, to occur over the next 6 months. - Village Neighbourhood Association The Village association recently met again and is keen to strengthen their neighbourhood, particularly in light of learning they are the only 'priority neighbourhood' with an increasing poverty rate. The Village Neighbourhood Association identified a need to develop a community plan. ^ South End Community {bringing together SEACAT, PULSE, Soufh Citizens Council} The South End (deep South End) has become home to a number of organizations that have responded to emerging issues and partners. This neighbourhood has expressed a need to bring all groups together to develop a common vision and determine how best to move forward. = Crescent Valley (Crescent Valley Community Tenants Association and Crescent Valley Renew our Community/CV Resource Center} Crescent Valley has achieved many of the goals set forth in an action plan, which is now two years old. Given plans for redevelopment, the time is right for the community to come together again to update and refocus. ^ Westside {PACT and community partners and residents} The Westside PACT has developed priority areas and actions, a key to the success will be resident engagement. A planning session to engage residents, particularly low income, will be paramount fio success and utility of projects. Vibrant Communities Saint John • Carnmunity Health Centre 11G Coburg St. Saint John, New Brunswick • E2L 3K1 • Fax: 50G-G32-5539 • Phone: 506-693-0904 Cell: 506-333-0104 218 ^ Old North End (ONE ChanaeJ - a key challenge to community mobilization is communication- keeping everyone in the loop and engaged. ONE Change would like to develop a communication strategy based on input from the broad community about how best to achieve effective communication. ^ Youth -from all neighbourhoods, high schools, TRC, Carleton Youth in Saint John are organizing more and more, and again, there is a need to have youth across the c'rfy working together to develop a common sense of the key issues. Consistent with best practices and models from the Old North End and Crescent Valley, we would like to promote yearly taking stock and planning sessions in each neighbourhood to direct the priorities and action systematically. A secondary issues that cannot be addressed in this proposal is communication. Each community (and its respective groups) struggles to communicate with partners and residents. Few, if any of the groups have websites. There is a place for a central organization to support residents through common website or other mechanisms. Thank you for this opportunity! Wendy MacDermott Coordinator VCSJ Developed in consultation with and supported by: June Breau Nason-TRC Scott Crawford- ONE Change Carl Trickey- PULSE Ann Barrett- Crescent Valley Resource Center Lisa Murphy- West Side Neighbourhood Assistant Village Neighbourhood Association Vibrant Communities Saint John ~ Cornrnunity Health Centre 116 Coburg 5t. Saint John, New Brunswick ~ E2L 3K1 Fax: 506-632-5539 ~ Phone: 50G-G93-0904 Cell: 506-333-0104 219 rr~&C Zoos - ~s3 December 4, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: August 2008 Interim Financial Results BACKGROUND: The purpose of this report is to present projections of the City's financial operations for the year ended December 31, 2008 based on actual operating results as ofAugust 3 I sc for the General and Water Funds. The Finance Department provides all operating departments with detailed. financial reports on a monthly basis. These reports are usually generated approximately 10 working days after month-end. This 10 day period is needed to ensure that all inter- departmental charges are processed in the correct financial period. Currently the Finance Department requests Departments to report back on their April, August and December results. These periods have been used in the past because it is when the operations of the organization are finishing one type of activity and going into another. Up until the end of April we are finishing up our winter program. By the end of August we are completing our Spring/Summer program. At the end of year we report back our actual year end results after the audit is completed. For purposes of the seasonal reports to Council, Departments are given two weeks to analyze their operating results and present a report to the Finance Department of any significant variances from budget to date and a projection of the expected financial results at year-end. Frozn the information completed by Departments, Finance would review and report back to the Finance Cozxzmittee. The Finance Committee would report back to Council the financial results as follows: Reporting Period Cut-off Date Report to Council Winter Season April 30 June/July Summer Season August 31 October/November Year-end December 3I March/April ,~~'~- SAINT JOHN P.O. Bax 1971 Saint John, hSB Canada B2L 4L1 I wvwvsaintjohn.ca I C.I? 1971 Saint John, N.-B. Canada E2L 4L3 -~~ 220 Report to Common Council -August 2005 Interim Financial Results M&C 2008 - 353 Page 2 As has been noted in prior years, more frequent reports could be provided to Finance Committeeand/or Common Council ifthe on-going review of financial results show any significant variation from over-all budgeted targets or if specific issues arise that warrant additional investigation or reporting. ANALYSIS of the General Fund: At the end of August the City's actual revenues were $79,304,836 which represents approximately 67% of the total budget for the year. The expenditures totaled $76,469,402 which represents slightly less than 65% of the total budgeted expenditures for the year. At the end of August the actual results showed a positive variance of $2,835,434. It is important to note that at the end of August a number of items had not yet been recorded such as contract settlements, filling of some vacant positions and a number of timing issues between when purchases were budgeted far and when it actuaiIy occurred. It should be understood that at this time it is not possible to say with certainty what the results for the year wi11 be. Based on the results of the reports presented to the Finance Department for the period ended August 31, 2008 along with departmental projections to December 31, 2008 the most reasonable estimate is that the City will be on budget at year end. This projection is based on the following areas of note: Revenues are projected to be $ 1,200,000 over budget on total anticipated revenues of l i 7,702,653. This is pzzmarily attributed to building permit revenues, interest revenue and miscellaneous revenue. On the expenditure side of the equation we are currently anticipating an over expenditure of approximately $1,000,000. The main components ofthis include: - Winter Snow Control -this past winter, salt and sand usage was up due to the winter conditions we experienced as was the use ofequipment and staffing in conjunction with this. This area could be over budget by approximately $450,000. - Fleet maintenance and fleet fuel is expected to be over in the vicinity of $500,000 because of the increase in gas prices and maintenance to some older vehicles. Steps are being made to try and alleviate this as much as possible with a review and possible reallocation of some fleet maintenance charges.. - Wage costs are estimated to be under spent overall by over $1,000,000 but the settlement of the Fire contract could effect this assumption. 221 Report to Common Council -August 2008 Znteriru Financial Results M&C 2008 - 353 Page 3 - Transit Commission is projecting an overage of $700,000 because ofthe increase in fuel prices, increase in overtirr~e and a decrease in revenue. - The Police Commission's budget looks like it could be headed towards a deficit of over $3 00,000. The Police Commission reports back to Council directly on their budget results. - Solid waste collection budget is reflecting the potential of being over spent by $300,000_ There are some areas of the operations where the budget is projecting to be under budget. These areas include: Administrative Services, which is projected to beunder budget by $400,000 because of staffing vacancies especially in PSCC and 1T, Fiscal Charges because the City borrowed less than budgeted because of later timing of same capital work and in the Fringe Benefit account because fringe benefits for casual employees are less. ANALYSIS of the Saint John Water: At the end of August, Saint john Water's actual revenue was $14,465,818 which represents approximately 48.7% of the total budget for the year. The expenditures totaled $15,348,359 which represents slightlymore than 51.6% ofthe total budgeted expenditures for the year. At the end of August the actual expenditures were approximately $880,000 over revenues. Based on the reports presented to the Finance Department for the period ended August 31, 2008 the year end departmental projections would estimate Saint John Water will be over budget by approximately $200,000. It should be understood that these are projections based on departmental best estimates as at August 31, 2008. While there are no significant events that have come to the attention of staff to require modification of these estimates at this time, events could occur that could alter these results over the remainder of the year. This projection is based on the following areas of note at this time: Revenues are projected to be under budget $900,000 or approximately 3% on total anticipated revenues of $29,733,124. This is primarily attributed to metered accounts as consumption was lower than anticipated and some of this may be related to boil water order during the year. Managing our water system is very important. When situations arise that effect the quality of our water and boil issues are instituted they have a direct impact on out meter customers usage and in turn effect our revenue. Water quality is a must and any negative factors on this, impacts all our customers. Lower consumption means looter anticipated revenue which affects the bottom line of the Utility. 222 Report to Comxzxon Council -August 2008 Interim Financial Results M&C 2008 - 353 Page 4 On the expenditure side of the equation we are currently anticipating an under expenditure of approximately X700,000. The main components of this include: - Water expects to be over budget because increase in cut restoration, fleet fuel, an emergency event in pumping station and the increase in electricity. - These averages are more than offset by the decrease in fiscal services as the need to borrow was not as much as was originally anticipated and borrowing occurred later reducing the interest expense. Tt should be understood that these are projections based on departmental best estimates as at August 31, 2008. While there are no significant events that have came to the attention of staff to require modification of these estimates at this time, events could occur that could alter these results over the remainder of the year. RECOMMENDATION: It is recommended that this report be received and filed. Respectfitlly subzzzitted, Deputy Mayox Stephen Chase Finance Chair 223 December 19, 2008 Your Worship and Councillors: SUBJECT: The ONE Change (Rehabitat Inc.) Vesting of Municipal Services and Public Utility Easements 51-59 Metcalf Street The Planning Advisory Committee considered the attached report at its December 16, 2008 meeting. The applicant, Richard Turner of Hughes Surveys and Consultants Inc., appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this matter, and no letters were received from surrounding property owners. After considering the applicant's presentation and report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also approved the proposed private access, and granted the requested right-of--way width variance as recommended by staff. RECOMMENDATION: That Common Council assent to the common municipal services and public utility easement as generally illustrated on the attached Rehabitat Inc. Subdivision tentative plan. Respectfully submitted, Stephen Horgan Chairman MRO Attachment Project No. 08-~~2 224 DATE: DECEMBER 12, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 16, 2008 Marls O'Hearn Planning Officer SUBJECT: Name of Applicant: Hughes Surveys and Consultants Inc. Name of Owner: Rehabitat Inc. Location: 51-59 Metcalf Street PID: 00376764 & 00376756 Municipal Plan: Medium Density Residential Zoning: "RM-IF" Multiple Residential Infill Proposal: To subdivide a property in order to provide for separate ownership of individual townhouse units. Type of Application: Subdivision and Variance that would reduce the riglrt-of- way width requirement of 6 metres (20 feet) to approximately 3.3 metres (10.8 feet) for a private access. 225 Hughes Sui-~ evs and Consultants Inc. Page 2 ~ 1-~9 Metcalf Sheet December 12.2008 JURISDICTION OF COMMITTEE: The C'or~~r~~trj~ity Plajrj~ij~g Act authorizes the Planning Advisory Committee to advise Common Council concerning municipal services and public utility easements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By-law. Conditions can be imposed by the Committee. The Subdivision By-law authorizes the PAC to approve accesses other than public streets as a means of access to lots, blocks and other parcels of land. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the common municipal services and public utility easement as generally illustrated on the attached Rehabitat Inc. Subdivision tentative plan. 2. That the Planning Advisory Committee approve the proposed private driveway as the means of vehicular access to Lots 08-0 1, 08-02 & 08-03 with the following conditions: (a) That this access be constn~cted with an asphalt surface and concrete curbing along the eastern side (only), that the design be in accordance with an engineering plan approved by the Chief City Engineer (or his designate), and that all necessary work be completed within six (6) months from the date the final subdivision plan is approved for registration; (b) That airy registered subdivision plan or deed for this property clearly indicate that this access is private and will not be maintained by the City of Saint John; and (c) That public utilities be provided to the proposed lots via an underground conduit system within the proposed public utility easement. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By-law that would reduce the right-of--way width requirement of 6 metres (20 feet) to approximately 3.3 metres (10.8 feet) for the proposed private access. BACKGROUND: On October 21 and November 18, 2008 the Planning Advisory Committee granted necessary variances to allow for the constn~ction of a three unit townhouse building at 51-59 Metcalf Street (see attachr~~ents). These variances allowed for a reduction to the required front yard, 226 Hughes Sui-~ evs and Consultants Inc. Page 3 ~ 1-~9 Metcalf Sheet December 12.2008 landscaping and dwelling unit width. On November 21, 2008 the building permits were endorsed for this project. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indicated that municipal water and sewer is available to service the subject property. Buildings and Inspection Services has indicated that the exit for the middle townhouse unit may be too close to a window opening with regards to the requirements of the National Building Code of Canada. This matter is being discussed with the proponent, and a slight change to the subdivision plan may need to be considered. Saint John Transit provides service along Albert Street with a stop near the intersection of Metcalf Street. Saint John Energy has been advised of the proposed three unit townhouse building. Aliant Telecom has no issues with regards to this proposal. Rogers has been advised of this matter. Maritimes & Northeast Pipeline has been advised of this application. Fire Department has no objection provided properly fire rated walls are constn~cted between the proposed townhouse units. Saint John Parking Commission has been advised of this residential project. ANALYSIS: Recently, the Planning Advisory Committee favourably considered an infill housing project consisting of a three unit townhouse building at 51-59 Metcalf Street (see attachr~~ents). Necessary variances were granted by the Committee, and the building permits have been endorsed for the project (see Backgro~rj~d). Subdivision Proposal As anticipated, the applicant has now submitted a further request to subdivide the townhouse units (see tentative~laj~). Both the Subdivision and Zoning By-laws allow for such a subdivision 227 Hughes Sui-~ evs and Consultants Inc. Page ~ ~ 1-~9 Metcalf Sheet December 12.2008 (referred to as "part lots"), which would provide for separate ownership of the individual townhouse units. However, the subdivision plan will need to be amended as follows: The proposed lots must be referred to as "Part Lot 08-O1", "Part Lot 08-02" & "Part Lot 08-03" respectively; and The following notation must be clearly indicated with reference to these proposed lots: "Part Lots 08-O1, 08-02 & 08-03 are to each contain an individual townhouse unit of a three unit building. The common wall is to be on the common property line, and airy rebuilding on these part lots must be to the common property line." The remainder of the property would be transferred to a tn~stee association comprised of the future landowners of these three lots. A common access with a rear parlang area would be situated over the tn~stee area. The remainder would be landscaped and also maintained by the association. The Committee has favourably considered similar townhouse developments in the past. The tentative plan also illustrates a common municipal services and public utility easement along the front portion of the property in order to properly extend municipal mains and underground utilities. Assent by Common Council for these public easements is recommended. Necessary Approvals The following approvals are necessary by the Planning Advisory Committee for this subdivision proposal: (a) Approval of the proposed private access (i.e., common driveway) for Lots 08-1 to 08-3; and (b) A variance to reduce the right-of--way width requirement of 6 metres (20 feet) to approximately 3.3 metres (10.8 feet) for the driveway. As already mentioned, the maintenance of the common driveway, parlang area and amenity space would be the responsibility of a tn~stee association that would be established by legal arrangements. The approval of this private access is recommended with the following conditions: That this access be constn~cted with an asphalt surface and concrete curbing along the eastern side (only), that the design be in accordance with an engineering plan approved by the Chief City Engineer (or his designate), and that all necessary work be completed within six (6) months from the date the final subdivision plan is approved for registration; That airy registered subdivision plan or deed for this property clearly indicate that this access is private and will not be maintained by the City of Saint John; and 228 Hughes Sui-~ evs and Consultants Inc. Page ~ ~ 1-~9 Metcalf Sheet December 12.2008 ^ That public utilities be provided to Lots 08-O1, 08-02 & 08-03 via an underground conduit system within the proposed public utility easement. With respect to the curbing, the consultant has advised that presently surface water flows away from the adjacent property at 45 Metcalf Street, and the intention is to not hinder this by only installing concrete curbing along the eastern side of the driveway and parlang area. One or more catchbasins would be installed along the private access to ensure water does not enter directly onto the public street. These matters will be addressed with the approval of the engineering plan for the private access by the Chief City Engineer (or his designate). Related to the constn~ction of the proposed access, the applicant is requesting a reduced riglrt-of- way width from 6 metres (20 feet) to approximately 3.3 metres (10.8 feet). The total width between the townhouse building and the common property boundary is 5.7 metres (19 feet). Due to an existing encroachment by the neighbouring building at 45 Metcalf Street, and a desire by the proponent to preserve existing fencing and landscaping (including mature trees) that appear to have been developed in conjunction with the adjoining property, the consultant has proposed a one-way access for the project. This will provide a 2.2 metre (7.2 foot) landscaping buffer between the proposed private access and the common property line. While it would be ideal to have a width that accommodated two-way access, given the long existing encroachment and limited scale of this infill project, the requested one-way driveway width is recommended. CONCLUSION: The Planning Advisory Committee has granted necessary variances to allow for an infill townhouse development to be constn~cted on the subject property. Recently, the building permits for this development were endorsed. As anticipated, the proponent has submitted a further application requesting to subdivide the property in a manner to provide for separate ownership of the townhouse units. The remainder of the property would become the responsibility of the lot purchasers to maintain. This legal arrangement would be governed by a tn~stee association, common to marry other townhouse developments involving private streets. Approval of the requested private access with a reduced width is recommended with conditions to ensure the access is properly constn~cted. MFZO Project No. 08-~~2 229 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT ~, ~ 3 1 1 b ~ a Q a ~ A R 1 N '~ „., to ~ -~ w t .- is ~ n ,. n +o +, r~ \'{ ~\ t{ t w +] 57 s\+•\t•'tr i"\~\~~~\tr, to x \{~~~• \•i{ ae as ~ +z tzs +9+ n] 1r W 11 `~ • \•\ •\.y \ Y ~\•`'\•t• ~ z S't. ! ~ ,~ tz t1 • pL ~° ~ p ~ 11R ~ • 56 ~ • ] 511 ~ \ • 1 ~ I \ • \ • u M~ 7 ~ • /~ • RM-1 • •\•\e 6t - opi~ ; ii\•\ _ r 15 ]1 a ^ - - t , R _ m u,79e { 7t9 ztaz r I •~ •\*\•\~ \~I• - r78mt N m n a <D y i rn Subject Site /site en question: Location: 51-59 Metcalf St. /rue Metcalf Date: October / octobre 9, 2008 Scale / echelle: Not to scale / Pas a I'echelle e9 9 r 195 1]9 79 a a r r es t t9z oa ti 5/ 52 a N f8' 73 151779 H r 91 r959 s] RM-~F PID(s) / NIP(s): 00376764 00376756 a] s5 s7 r r _ a,r~^i•ir~risrll~N ^ IL- 1 3 so N .~- I "ud ts+ I ts9 1eanl tee" 1 m l rue Vl~ iW 1t] 1w 7t8 nOt t]t t ,o 111 H] tw 11711 11 t rue Metc Z ~~ • s • 1 ~ p I rue M ~ 9 11 1 ~ a ~ ~z w ~ w ti 230 .~3 ; #; ~ ~ ~ ~ ~' i ~~ ~~ ~ ~~ ~ ~a ~ ~s , 8a ~ Y -~ ~~ ~~ ~a5 ~ ~ . n . r . w ~ . 8 ~ A ~ ~~~ l~1"" ~~ fe- •~°0"_~A Mme" ~' Yom' t ~~ o•> ~ r11. ~` S '~ F ti ~ i -` ~,. & ~ _ - 4 ,_ -~_ ~ -- ~E t ® ~,, ~~ ~4~ f Fa~~J ~~ s,~°'' r. ~r i ~ _ ~ ~ ~ ~~~ ~~ ~ ~ ~ ~ ~ . ~$ ~ ~~ ~ ~~ 3 ~~ ~ :~ ti i ,~ $ ~M~ ` ~ ~~~~~~ ............... ............... l: ii..: I ~=... ~~ ..-~ t N ! ~ ~ ~ cam g ~ ~ ~ a $ ~ ~ r~~ ~ o i1G • g~ ~ s ~ ~ _ .- ~ ~ ~ ~ 8 8 ~ gg ~ 3 a~$ $ S~ ^ y ~ A ^ N '• t•• ~ w~~~t a~j°'s+k ~m .~ Z O Q W J W F-- ~_ CC w x O r m Z 0 0 w 0 v w 0 m 0 w v _ . . ~s ~ N o al~ox ~ hs ~, Z Q # °i O o ~ ~ ]IJItASNf11I6 M3K 'NHOf l.PUtlS LS 3'ItlJ1~V SS'£S'l5 'S33N . ~ a o ~ . ~ ~ ° 8 S3L~IOH ASSTd.LId50H ~~~ ~$s ~~ z =~i ~~J U W U U Z = N 212 LL LL LL Z O w J W H Z O Z O Q W J W H LL W J Z O w J W Q W December 17, 2008 Your Worship and Councillors: SUBJECT: White Rocks Road Subdivision The Planning Advisory Committee considered the attached report at its December 16, 2008 meeting. The applicant, Mr. Brian Irving, on behalf of Saint John Industrial Parks Ltd., appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this application, and no letters were received from area residents. After considering the attached report and presentations, the Committee adopted the recommendation as set out below. The Committee also granted variances on the width of the proposed street riglrt-of--way and the length of the cul-de-sac. RECOMMENDATION: That Common Council assent to a subdivision plan, in general accordance with the submitted White Rocks Road Subdivision tentative plan, including any necessary municipal services and/or public utility easements. 2. That the Planning Advisory Committee accept the following street standards for White Rocks Road as being satisfactory: a) 23 metre (75.5 feet) wide public street riglrt-of--way; b) 9.2 metre (30 feet) wide paved asphalt surface; c) concrete curbing along both sides; d) in-ground water, storm and sanitary systems; e) landscaped boulevard areas; and fj no sidewallcs. 234 Planning Advisor- Committee December 19. 2008 Respectfully submitted, Stephen Horgan Chairman PF Attachments Project No. 08-~33 Page 2 235 DATE: DECEMBER 12, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 16, 2008 Patrick Foran Planning Officer SUBJECT Name of Applicant: Brian Irving (on behalf of Saint John Industrial Parks Ltd.) Name of Owner: Business New Bnmswick (Province of New Bnmswick) Location: Stinson Drive PID: 55053144 Municipal Plan: Heavy Industrial Zoning: "I-2" Heavy Industrial Proposal: To vest a new public street Type of Application: Subdivision and variances to: 1) increase the maximum permitted width of a local street from 20 metres (66 feet) to 23 metres (75.5 feet); and 2) increase the maximum permitted length of a cul-de- sac from 105 metres (350 feet) to approximately 286 metres (938 feet). 236 Saint John Industrial Parks Ltd. Page 2 Stinson Drive December 12. 2008 JURISDICTION OF COMMITTEE: The C'or~~r~~trj~ity Plajrj~ij~g Act authorizes the Planning Advisory Committee to advise Common Council concerning the creation of public streets in conjunction with the subdivision of land. In addition, the Subdivision By-law authorizes the Committee to establish appropriate standards for industrial subdivisions. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By-law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to a subdivision plan, in general accordance with the submitted White Rocks Road Subdivision tentative plan, including any necessary municipal services and/or public utility easements. 2. That the Planning Advisory Committee accept the following street standards for White Rocks Road as being satisfactory: a) 23 metre (75.5 feet) wide public street riglrt-of--way; b) 9.2 metre (30 feet) wide paved asphalt surface; c) concrete curbing along both sides; d) in-ground water, storm and sanitary systems; e) landscaped boulevard areas; and fj no sidewallcs. That the Committee grant the following variances from the requirements of the Subdivision By-law that would: a) increase the maximum permitted width of a local street from 20 metres (66 feet) to 23 metres (75.5 feet); and b) increase the maximum permitted length of a cul-de-sac from 105 metres (350 feet) to approximately 286 metres (938 feet). 237 Saint John Industrial Parks Ltd. Stinson Drive BACKGROUND: Pagc 3 December 12. 2008 In May of 1998, Common Council assented to a subdivision plan creating Alloy Drive and the first portion of White Rocks Road as part of an expansion of the Spn~ce Lake Industrial Park. The width of the White Roclcs Road right-of--way was shown as 23 metres. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed street vesting. Buildings and Inspection Services advises that there are standards in the Building Code for access routes to buildings. This street should meet those standards. Saint John Transit indicates that it provides limited service to the Spn~ce Lake Industrial Park, specifically one return trip per weekday to Fundy Linen. Fire Department has been advised of the application. ANALYSIS: The subject property is situated between Alloy Drive and Stinson Drive in the Spn~ce Lake Industrial Park on the City's West Side. The property has an area of approximately 13.7 hectares and has been cleared of mature vegetation in anticipation of future development. Heavy industrial uses ring the site on three sides (north, west, and south). Saint John Industrial Parks Ltd., on behalf of the Province of New Bnmswick, is continuing the planned expansion of the Spn~ce Lake Industrial Park that was initiated in 1998. The current phase of the expansion involves extending White Rocks Road an additional 220 metres (722 feet). Under the current proposal, the street extension would terminate in a temporary cul-de-sac turnaround, although the long-term plan is to connect to Stinson Drive. The Subdivision By-law contains a number of standards relating to the design of public streets (stormwater management systems, curbing, sidewallcs, etc.). Unlike residential subdivisions, there are no specific standards prescribed in the Subdivision By-law for industrial subdivisions. Instead, the By-law authorizes the Planning Advisory Committee to establish appropriate standards. It should be noted that the subject portion of White Rocks Road has been constn~cted and, due to an oversight, the plans were not previously submitted to the Planning and Development Department. However, the street was constn~cted to a high standard (frill municipal water, sanitary, and storm systems, asphalt paving, concrete curbing and landscaped boulevards) as per the plans approved by the City's Municipal Operations and Engineering Department. The street standard is consistent with other public streets in the industrial park, such as King William Road and Alloy Drive. It is therefore recommended that the Committee accept the street standard as being suitable. 238 Saint John Industrial Parks Ltd. Page ~ Stinson Drive December 12. 2008 In addition, a variance is required to increase the width of the public street riglrt-of--way. The additional width was required by the City's Municipal Operations and Engineering Department in order to accommodate larger vehicles, which require more manoeuvring room and larger turning radii. Given that the increased width is intended to provide greater safety, approval of this variance can be supported. Further, a variance is required to increase the maximum permitted length of a cul-de-sac to approximately 286 metres (938 feet). As noted earlier in this report, the long-term plan is to connect White Rocks Road with Stinson Drive, with a target date of 2010 to 2011. A phased approach was taken when a wetland area was encountered, which has delayed completion of the remainder of the street. At this time, White Rocks Road would terminate in a temporary cul-de- sac bulb with a radius of 18.6 metres (61 feet). This configuration is acceptable to the Municipal Operations and Engineering Department and, given the plans to extend the public street to Stinson Drive, approval of this variance can be supported. CONCLUSION: The applicant is seeking permission to create a new public street as part of a planned expansion of the Spn~ce Lake Industrial Park. The street was designed and constn~cted as per the specifications of the City's Municipal Operations and Engineering Department and is consistent with other public streets in the area. While variances are necessary to increase the width of the riglrt-of--way and to increase the length of the cul-de-sac, these adjustments to the Subdivision By-law can be supported in liglrt of the context of the development. PF Project No. 08-~33 239 PLANNING AND DEVELOPMENTlURBANISME ET DEVELOPPEMENT Subject Sitelsite en question: White Rocks Road November 1 november 17, 2008 Scalelechelle: Not to scalelPas a I`echelie PID(s}INIP(s}: 55053144 240 ~,~° ri ap ~~~ ~ ~ ~~~ a ~~, e ~~~~ ~~~ ¢jP'~~ ~c8~+ 3y tib ~~ ~ x~ iT~ i '{ N ~ 'y B 3. Y~ 1 ~ ~ ~ ' q a ~ ~°.:~ ii ~~ 4 i ~k(~l i F6&" ~ 2 x,1 s r ys ~ ' 1 J~ ~ ~, 1 1 t ~ ~ y ~ s :n.. ; ~b.- t ~ + ~~ ; ~ i ~ _ rn~ 1 } ~ t -~ . Ep il(f ,, r- , t 1 a ~ ~ 1 Y ~ '~ o ~ ~ ~ ~ ~ ~, 3z = 4` y = ~ ~ ~ toy, s a ~ ~ 1 1 z ~n ; ~ ` y 1 ~~ =~s~ n~ 4t ~ 4 " 1 ~ y ~1 ~~; ~ ~E ~ ~ ~ ` ~, ` ~ ~ i ''- '`r ~'`~ ~ 1 i ~ ` ~1 a~ { 1 ~ ~ % ~ rw" ~',, y ,' ' 1 ` ~ ~~ ~ ~ ~ , .; ~ ,; . . ~s ~; s ~ ~ , ,, s , E ~, ' ; i ~ 1 ~ e F ~ 6 ~r. December 19, 2008 Your Worship and Councillors: SUBJECT: Eagle Subdivision -Phase 1 1101 Grandview Avenue The Planning Advisory Committee considered the attached report at its December 16, 2008 meeting. The applicant, Rod Crowther of Kings Valley Consulting Ltd., appeared before the Committee in support of the application and the staff recommendation. There were five (5) area residents who made presentations at the meeting. Among their concerns were increased traffic along Ian Street, loss of informal trails through the subject area, and storm drainage. There were also three (3) letters received from residents. After considering the presentations and staff report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested variance for afour-way intersection and approved the street name. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Eagle Subdivision - Phase 1 plan illustrating a new public street with approximately 37 serviced residential lots, as well as any necessary municipal services and public utility easements. 2. That Common Council assent to a 1.42 hectare (3.51 acre) Land for Public Purposes dedication, as generally illustrated on the submitted Eagle Subdivision -Phase "A" plan, which would provide a credit of 1.29 hectares (3.19 acres) for any firture phases of this subdivision. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 242 Planning Advisor- Committee Page 2 December 19. 2008 4. That Common Council authorize cost sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law. Respectfully submitted, Carl Killen Vice-Chairman MRO Attachments Project No. 08-~~6 243 DATE: DECEMBER 15, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 16, 2008 Marls O'Hearn Planning Officer SUBJECT: Name of Applicant: Kings Valley Consulting Ltd. Name of Owner: 626932 NB Inc. & Grandview Residences Inc. Location: 1101 Grandview Avenue PID: 00337360, 55021695 & 00340497 (portions thereof] Municipal Plan: Low Density Residential Zoning: "R-1B" One Family Residential & "RS-2" One and Two Family Suburban Residential Proposal: To undertake a residential subdivision development consisting of approximately 37 serviced one-family lots along a new public street. Type of Application: Subdivision and Variance that would permit the creation of a four-way intersection when only a T-intersection is permitted. 244 Eagle Subdi~ ision -Phase 1 Page 2 1101 Grandy ie« A~ enue December 1 ~. 2008 JURISDICTION OF COMMITTEE: The C'or~~r~~trj~ity Plajrj~ij~g Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By-law. Conditions can be imposed by the Committee. Finally, the Subdivision By-law authorizes the PAC to approve the name of new streets. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Eagle Subdivision -Phase 1 plan illustrating a new public street with approximately 37 serviced residential lots, as well as airy necessary municipal services and public utility easements. 2. That Common Council assent to a 1.42 hectare (3.51 acre) Land for Public Purposes dedication, as generally illustrated on the submitted Eagle Subdivision -Phase "A" plan, which would provide a credit of 1.29 hectares (3.19 acres) for airy future phases of this subdivision. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4. That Common Council authorize cost sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law. 5. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By-law that would allow a future four-way intersection at the end of the proposed new public street, on the condition that prior to final endorsement of the Phase 1 subdivision plan, that arevised/updated concept plan for the overall area be submitted by the developer for the approval of the Development Officer and the Chief City Engineer (or designate). 245 Eagle Subdi~ ision -Phase 1 Page 3 1101 Grandy ie« A~ enue December 1 ~. 2008 6. That the Planning Advisory Committee approve the name "Keratin Street" for the proposed street situated in Phase 1 of the Eagle Subdivision. BACKGROUND: On April 8, 2008 the Planning Advisory Committee favourably considered a subdivision development in the vicinity of Eagle Boulevard involving other lands owned by the developer (see Eagle S~rbdivisioj~ -Phase "A "Rlaj~). That development consisted of approximately 18 serviced residential lots and new public streets, and it was intended to be the initial phase of the Eagle Subdivision, but due to proximity to wetlands and watercourses the applicant is now seelang to begin the development off Ian Street. All the necessary assents and approvals were granted for the previous subdivision proposal. Relevant to this present application, Common Council assented to a 1.42 hectare (3.51 acre) Land for Public Purposes dedication adjacent to the Simonds High School and Simonds Arena property (Province of New Bnmswiclc). The dedication would have also provided a 1.23 hectare (3.04 acre) credit for airy further subdivision development for this project. It is still the intention of the applicant to vest this L.P.P. area in order to satisfy the requirement for Phase 1 of the development (and future phases). The applicant has also requested to use one of the previously approved names ("Keratin Street") for the new public street in this new phase. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments: (a) In a Febn~ary 14, 2008 letter from Jim Baird (former Commissioner of Planning and Development) to the developer the following was stated: "Yo~n~ firstRhase r~~trst still Rrovide for the firt~n~eRoss~ibility of aj~ arterial street cojrj~ectioj~ fi~or~~ Loch Lor~~oj~d Road to Uraj~dvie~~~ Avemre. Yo~n~ tentativeRlaj~ s~rbr~~iss~ioj~ for the firstRhase r~~trst therefore be accor~~Raj~ied bh aj~ overall Rlaj~ of 1~o~n~RroRerty that ilhrstrates the RroRosed ro~rte of thatRortioj~ of the arterial road over the s~rbject area. " To date, this overall plan showing a connection as stated has not been provided. (b) Currently there is another significant development proposed in this area, and all are adding to the existing water and sewer system capabilities. The current Cottage Hill Zone (water) requires some upgrades, and is currently being studied by a consultant retained by the City. Until completion of the study, it is uncertain as to what required upgrades are necessary and how it may impact the proposed frill build-out of this subdivision. 246 Eagle Subdi~ ision -Phase 1 1101 Grandy-ie«- A~-enue Page December 1~. 2008 Additionally, wastewater flows generated by this frill build-out of the proposed development would be directed to the Hickey Road W WPS. This station needs to be assessed by a consultant to determine if the existing pumping station is capable of handling the additional capacity that this type of development would generate. As well, sewer system upgrades in this area may be required. This would have to be identified, and if upgrades are required to handle the capacities generated, this must be completed prior to the addition of airy flows. (c) The developer must provide a detailed overall site drainage plan and report indicating how storm water collection and disposal will be handled and how storm water will be managed during the development phase(s). (d) The developer must provide a traffic study for the overall development at the application of the next phase to determine if the volume of traffic can be handled by the existing City streets. (e) The developer must ensure that the existing water and sanitary system is of sufficient quantity/pressure during anticipated peak flows for the proposed development. Future phases of this proposed subdivision will require detailed water and sewer analysis by the developer to coordinate required future system upgrades and interconnections the City may require. (f) There is an existing sanitary sewer located on PID No. 00340679 from Boyaner Crescent traveling westward. Airy municipal services easements not already secured must be provided to the City from the owner prior to developing in that area. (g) Currently there is a cul-de-sac at the end of Ian Street where this proposed phase is to begin. The developer must remove said cul-de-sac and provide for a proper intersection, to be approved by the City and designed by the developer's engineering consultant. A proper temporary gravel cul-de-sac is required at the end of Street "A" near Lots A-20 and A-37. (h) Prior to final endorsement of the subdivision plan, arevised/updated concept plan must be submitted by the developer for the approval of the Development Officer and the Chief City Engineer (or designate). (i) There is a municipal services easement through PID No. 55021695 and between Lots A-5 and A-4 which is assumed to be used by future phases. There shall be no dead-ended watermains in new developments. The proposed cul-de-sac east of Lot A-8 should have a municipal services easement to either the proposed one shown through PID No. 55021695 or through another acceptable area. More detailed engineering design would lend to the proper design location. 247 Eagle Subdi~ ision -Phase 1 Page ~ 1101 Grandy ie« A~ enue December 1 ~. 2008 (j) Detailed engineering drawings for water, sewer and streets must be submitted to the City for review and approval. (k) It is the understanding that the previously submitted overall plan has significant wetland and watercourse implications that must be resolved. Building and Technical Services has no concerns with regards to this subdivision proposal. Saint John Transit has indicated that service is provided along Grandview Avenue and Champlain Drive. Saint John Energy has indicated that services will need to be extended from Ian Street in order to provide underground utilities to the proposed lots. Servicing plans will need to be submitted for approval, and discussion with regards to costs and easement requirements will need to occur with the developer and his consultants. Aliant Telecom has no servicing issues with this residential subdivision development. Rogers has been advised of this application. Maritimes & Northeast Pipeline has no concerns with regards to this residential development. Leisure Services has been advised of this subdivision project and proposed Land for Public Purposes. Fire Department has no objection to the proposed subdivision development provided the public street is constn~cted to City requirements. Furthermore, the fire lrydrant network must be installed and maintained in accordance with City standards. N.B. Department of Environment and Local Government had previously advised that wetlands and watercourses exist throughout the area to the north and northeast. Wetland delineation, by a recognized wetland delineator, of the entire area is recommended prior to airy development on the northern portion of the overall property. Furthermore, airy alteration within 30 metres (100 feet) of a watercourse or wetland requires a permit issued by the Department of Environment. Permits will not be issued for alterations that can be avoided during the planning phases of the project. School Board has been advised of this proposed subdivision. 248 Eagle Subdi~ ision -Phase 1 1101 Grandy-ie«- A~-enue ANALYSIS: Subiect Site and Neighbourhood Page 6 December 1~. 2008 The subject area is situated adjacent to the Champlain Heights Subdivision (see locatioj~ r~~a~). The majority of the area is comprised by lands owned by the developer (Neal and Mike Wyman & Mike McPhee), with a 20 metre (66 foot) wide portion of land between the proposed lots and Ian Street owned by Grandview Residences Inc (Gerry Webster). The inclusion of this portion of the adjoining property has been negotiated with the adjoining landowner in order to constn~ct a new public street off Ian Street (see Eagle S~rbdivisioj~ -Phase 1). Most of the site has been cleared of vegetation. Municipal infrastn~cture and an electrical power line are situated over the area. There are also a number of informal paths through the site. Immediately to the west is the Champlain Heights Subdivision (Sherwood Drive and Ian Street). To the east is the Fleclalell Avenue neighbourhood, and to the south is the Saint John Community College. To the northeast is the Eastwood Park subdivision and the Boyaner Crescent neighbourhood. Finally, to the north are undeveloped lands containing wetlands, watercourses and a small lake. Most of these features are situated on a 36 hectare (89 acre) City owned parcel of land. Development Proposal and Variance Earlier this year the City favourably considered what was intended to be the initial phase of the Eagle Subdivision near Eagle Boulevard. However, due to the proximity of wetlands, the developer decided not to proceed with that phase of the project, but instead to develop lands to the southwest adjacent to Champlain Heights (see attachr~~ents). The new subdivision proposal (Phase 1) would consist of thirty seven (37) frilly serviced residential lots along a proposed new public street. This new street would be connected to Ian Street over an adjacent property. Public utilities are required to be provided via an underground conduit system. The alignment of the street follows existing municipal infrastn~cture situated through the subject lands. The area is zoned "R-1B" One Family Residential. The subdivision proposal can satisfy all the applicable requirements of the Zonings and Subdivision By-laws except as follows: Only T-intersections are normally permitted in new residential subdivisions. However, the proposal would lead to the creation of a four-way intersection (area shown as a temporary gravel turnaround). There would also be another future four-way intersection in a later i Proposed Lot A-~ only illustrates an area of 4~6 square metres (4.909 square feet). A minimum lot area of 460 square metres ~4.9~2 square feet) is required. The applicant has confirmed that the subdi~~ision plan «~ill be amended slightly to increase the area of this lot in order to satisfi~ the Zoning By-la«~. This «~as initially understood to be a ~~ariance request. 249 Eagle Subdi~ ision -Phase 1 1101 Grandy-ie«- A~-enue Page 7 December 1~. 2008 phase. A~relir~~ij~a~~t~ overall plan has been attached for your general review. This additional variance will be considered in a future phase of the subdivision development. With regards to the present variance request, the overall plan for the Eagle Subdivision will contain mostly preferred T-intersections. The illustrated four-way intersection associated with this phase of the project is acceptable in liglrt of the overall design. Municipal Operations and Engineering has no concerns with regards to the proposed intersection. Approval of this requested variance is therefore recommended. Subdivision Work and Facilities The developer will be responsible to constn~ct the proposed public street to urban standards, which includes an asphalt surface, concrete curbing, and a concrete sidewallc. The developer will also be responsible to install municipal sewer, water, and storm services (including laterals to the proposed lots). Underground public utilities will need to be extended into the new development area. Costs and easement requirements will need to be discussed with applicable utility agencies. Finally, proper street liglrting and signage will also be required. The recommendation includes all the necessary assents and approvals for this subdivision proposal. Details concerning the temporary turnaround and airy improvements to the existing turnaround at the end of Ian Street will be addressed when engineering plans are submitted for approval. As previously mentioned by the N.B. Department of Environment, the developer will be required to undertake the subdivision development in accordance with all applicable Provincial acts and regulations pertaining to wetlands and watercourses. However, based upon available aerial and wetland mapping, the development area for this proposed phase of the subdivision is not expected to be affected by airy existing wetland. Future Development and Street Access The Subdivision By-law requires that the proposed manner of subdividing does not prejudice the possibility of further subdividing the land, or the convenient subdividing of adjoining land. The applicant has submitted an overall tentative (preliminary) plan for the Eagle Subdivision (see attachr~~ents). Keeping in mind that this is a preliminary design, subject to further revision by the proponent and approval by the City with public participation, the plan envisions a main residential collector street (Harby Drive) that has been designed to connect Grandview Avenue, Eagle Boulevard and Loch 250 Eagle Subdi~ ision -Phase 1 Page 8 1101 Grandy ie« A~ enue December 1 ~. 2008 Lomond Road. In addition, there would be another street connection to Grandview Avenue between this collector street and the proposed development area (Phase 1). Finally, the overall plan proposes an eventual street connection to Sherwood Drive in Champlain Heiglrts. Additional street connections may also be deemed necessary by City staff as this development proceeds. Some local residents have expressed concern with regards to the residential development of the subject area as it relates to increased traffic along Ian Street in Champlain Heights. Presently, there are about 35 residences along this public street. The proposed subdivision development would increase this number to 72. However, this is not considered a significant amount. For instance, subdivisions relying on only one street access like Westgate Park, Bon Accord or Meadowland have 262, 251 and 170 residences respectively. The anticipated increase in traffic along Ian Street can handle much higher traffic volumes. On the other hand, Champlain Heights itself has approximately 471 homes (and a school) relying on just one street (Champlain Drive) in order to provide vehicular access to Grandview Avenue and Loch Lomond Road. Champlain Drive also experiences significant through traffic. Therefore, depending on the scale of the next phase proposed for this subdivision, City staff may require the developer to provide a new direct street access to Grandview Avenue. In the meantime, it is common for new subdivisions to initially rely upon one access until future phases affords the provision of additional accesses, which have been provided for in the overall plan for this subdivision. Land for Public Purpsoses The Subdivision By-law requires a Land for Public Purposes dedication of 0.13 hectares (0.32 acres) for this phase of the subdivision development. In a previous phase of the project (see Backgro~rj~d), the developer had proposed a 1.42 hectare (3.5 acre) Land for Public Purposes dedication immediately adjacent to the Simonds High School and Simonds Arena property (Province of New Bnmswick). Common Council had assented to this dedication, which would have provided a 1.23 hectare (3.04 acre) L.P.P. credit for future subdivision development occurring over the subject lands. As mentioned this phase of the subdivision has not been undertaken, nor was the proposed L.P.P. vested to the City. As discussed in the previous staff report, the further acceptance of L.P.P. dedications that would increase the public lands surrounding the Simonds Arena area have been supported by City staff. While the proposed L.P.P. would be quite a distance from this phase of the subdivision project, it would benefit the anticipated overall Eagle Subdivision development (and surrounding area). Therefore, the assent of the previously assented 1.42 hectare (3.51 acre) Land for Public Purposes dedication, as generally illustrated on the submitted Eagle Subdivision -Phase "A" plan, is again recommended. This will provide a credit of 1.29 hectares (3.19 acres) for airy future phases of this subdivision. 251 Eagle Subdi~ ision -Phase 1 1101 Grandy-ie«- A~-enue Street Naming Page 9 December 1~. 2008 The Subdivision By-law requires that new street names be approved by the Planning Advisory Committee. City staff (Civic Addressing) had previously advised that the proposed name "Keratin Street" was acceptable for one of the proposed streets in Phase "A" of the subdivision development (see Backgro~rj~d). The applicant would like to use this name for the new street in this phase instead. This street name request is recommended. CONCLUSION: The developer is requesting to constn~ct a new public street and create approximately 37 serviced residential lots. The proposed street would be constn~cted to City standards and the lots would be frilly serviced. A variance to allow for afour-way intersection is recommended. The only concern raised in this report is the matter of future street access. While Ian Street (and Champlain Drive) is expected to handle the anticipated additional traffic demands, further street connections will need to be included in future phases. The recommendation includes all the necessary assents and approvals for this new phase of the development. quo Project No. 08-~~6 252 ~~ 1~`y ' ~i • ~. ,, a • 4 • 'S} '~: I_x `•.P IL- I R-2 N :~ ~' •~s RNI- - 1B •c~w 4t t •'. as R M - I ~"•. % • IL - 2 * PQ `I RS- 2 r'gFRF PQ ` ` artie du) _ ``• (portions of ! p uestion: 00337360 Subject Site !site en q 55021695 _.~-~- ! av. Grandview 00340497 ~.ocation: 1101 Grandview Av. er ! novembre 24, 2008 Date: Novemb - echelle: Not to scale I Pas ~ I'echelle _ _ Scale I ~ . 253 w ~~ ~ G ~~30.~®~9 ` 4 Y 1b • 3 ~ V ~ ~ ~ ~"~~•~ Ys ~ '( ~~~ ~~a~ia~ ~ - ~ ~ ~ r RMo 3 41° n. ,~ ~ 4 /j1~(~//f /j ~ 4 ~D r =fp f ! ! . 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O ~~ ~nm n ~~ 4 ~~ 4 b _ r\\\ O Q ~a \ \;~^ ~ ~ 4 ~~ 1 .a ,., \y n ~ SCLS[f0 Wv ~o P r-~n~ ~~N ~ E ~L~4' ~4: ~0 ,^~ Oq4 ~S e~ ~y~i o f ~ 99£OZtOa ~'g `o A~+ n, ¢" _~~\ a .. .- g c ~ ~ ~ `r ~4ri nr1 ~ \ ~ ~ E6SOZf00 v W <Z 1 ~ ~e^ am e~a~~crxi ~ IIIl!illll Eli E I ~ y„_4 oe . { ~aiol9~eeo:6 Ao, a j~€:~~~~ ~I Ill~Tfi I11~c4 ~ .~z ~ qq ~ ~~ ~ a Q~ ~ ~ ~ Igo } ~ ~3lg t ~i yyy4 ~ ~ $Xr ~ -~ ~~'tmi~ ~~~~iti;~~'~~~'~~~~3#;y~~$~je 0 a $ ~t ~ ~ a~i j° ~ ;~'~ ~ m~m ~ x ~i'~ ~F ~3i ~ aSS ~ ~~ ~~ ~'ll~~~; ~ ~ ~~~ W v •.. III ~I ti ..~~:. ®~ 4~~9~~# ¢ ~ ~ ~ _ ~1Ij ~,' / ~ ~ ~ O _ 1 ter-` \ ~ '_.` . _. ~-. _ i ~~ ~ ~p~NO'r~EN A . _..' ~ .~'. ~, .' a 000 U }. i ,. . ~ ~~ _. j ;. /, S _ ~ !,., i f . % . ' ! ; GRM~OVIEM AVENUE _ ~ , \ ..,¢ '' ~. 1 t .,1, ~. ~. -- __ - - __ ._ ', it :I it ~ z - g ~~ i~-~ _~ " ~ - -~ ~ °~~ ~'.! - F Re_aort to the Common Council of the City of Saint John from the Council Committee on Performance Management of the 4 Senior Staff that report to council. December 22, 2008 Background On July 23, 2008 Council passed the following motion: RESOLVED that Management undertake a review of the current process of Performance Management and reporting of the four staff that report to council. On September 2, 2008 Council passed the following motion: RESOLVED that Council appoint a three person committee of Council for the purpose of engaging a human resource firm and/or specialist to assist council with the development and implementation of a comprehensive Performance Management System for the positions that are appointed and report directly to council. Subsequent to those motions, Mayor Court, Councillors Killen and Sullivan were appointed as the above named committee. It was decided that for this process to be completely developed without the conflicts of using city staff that we would seek outside assistance. After an initial meeting of the committee, the committee decided to contact Mr. Bob Crowley with the accounting firm of Ernst and Young (who conduct the City's annual financial audit) for help in seeking the expertise required to create the Performance Management System. E&Y were chosen because they already have a relationship with the city that requires them to confirm that the corporation is following appropriate financial procedures. Initially the request was for assistance in the issuance and evaluation of a request for proposals to engage the expertise required to create the needed system. After several meetings, including conference calls with E&Y's "Human Capital" specialists in their Toronto office, the committee was presented with two proposals. The first proposal was the discussed arrangements and costs associated with an RFP and the second proposal was to undertake to develop and assist Council in the implementation of the Performance Management System. The committee then met again to decide on a recommendation for Common Council. The unanimous recommendation follows: Recommendation RESOLVED that Common Council engage the Accounting firm of Ernst and Young to assist council with the development and implementation of a comprehensive Performance Management System for the positions that are appointed and report directly to council. 257 Rationale • Ernst and Young is an internationally recognized firm with an outstanding reputation. • Ernst and Young have the expertise to perform the required services. • In the opinion of the committee, the cost to engage Ernst and Young to help with the RFP, and then to pay another firm to develop the system would be an extra unnecessary step costing more money than necessary. • The timeline will have the system in place early enough in this new year to be able to implement the program in the 2009 budget year. The extra step in the process could delay the implementation until too late next year to be usable until 2010. The draft proposal is attached. Respectfully Submitted Mayor Ivan Court Councillor Gary Sullivan Councillor Carl Killen 258 City of Saint John Performance Management Progran Draft Proposal for Review December 12, 2008 =~ ERNST & YOUNG Quality In Everything We Do 259 Contents Background Independence Project Methodology Proposed Fees Timing Engagement Team Bios Page 2 CSJ -Performance Management Program -Draft proposal for discussion 260 Background The city counsellors of the City of Saint John ("CS identified the need to have performance evaluation for the 4 most senior positions of CSJ These four positions are the: City Manager, Finan~ Commissioner, City Solicitor and the Common Cle A Performance Management Committee has beer the CSJ Council to oversee the development of a Management Program («PMP») for the CSJ senio management team and to conduct subsequent ev, The senior management team supports such initia Page 3 CSJ -Performance Management Program -Draft proposal for discussion 261 Independence As the CSJ is an audit client of Ernst & Young imperative that the CSJ maintain its managerr responsibilities throughout the process that wE describe to develop a Performance Managem The setting of specific objectives for each of tr management team members and the subseq~ evaluation of their performance will remain the responsibility of the CSJ Page 4 CSJ -Performance Management Program -Draft proposal for discussion 262 Project Methodology Review and Validate CS. Objectives Develop the Evaluation Process & Tools Page 5 CSJ -Performance Management Program -Draft proposal for discussion 263 Project Methodology Review and Validate CSJ Objectives The first step will be to gather and review any existing materials that documE of success for the CSJ. Such materials could include: Published CSJ goals, targets, mission and values Performance management information in use elsewhere in the CSJ Senior management roles and responsibilities (including any sets of cor Additionally, 2-3 interviews will be conducted with CSJ Evaluation Committe further understand the definition(s) of success at the CSJ and to confirm anc purposes of the evaluations Key outcomes of this phase will be to obtain a detailed understanding of the performance evaluations, the definition(s) of success for the CSJ and the ex deliverables of senior management so that the PMP is aligned with these ob considerations. Page 6 CSJ -Performance Management Program -Draft proposal for discussion 264 Project Methodology eviernr and Validate C J jectives Based on the success criteria and senior management's expected contributi previous step, we will design an evaluation model which will identify and det~ other elements: Performance Criteria Performance Ratings Evaluation Period & Frequency Validation & Appeal Mechanisms The Performance Criteria of the evaluation model will consist of the various 1 the CSJ can measure its success to ensure that any evaluation is holistic (i.E scorecard -for example balancing people vs. financial concerns) The evaluation model will be presented to the Evaluation Committee of the to ensure their initial buy-in before going further Key outcome of this phase will be to obtain buy-in from the CSJ Evaluation the proposed Evaluation Model of the PMP. Page 7 CSJ -Performance Management Program -Draft proposal for discussion 265 Project Methodology Review and ~lalidate C J jectives Develop the Evaluation Process & Tools In this phase, we will outline the evaluation process and develop supporting tools to aid in the deployment and use of the Performance Management Pro Detailed explanation of the evaluation model including the types of pers that might correspond to each of the model's performance criteria Overview of the performance evaluation process including key mileston Explanations of the responsibilities of each party throughout the perforn management process Evaluation forms for completion by Reviewee and Reviewer Communication aids between Evaluation Committee and wider Council Key outcomes for this phase are to clearly outline the evaluation process an~ support materials and tools to enable the new PMP. Page 8 CSJ -Performance Management Program -Draft proposal for discussion 266 Project Methodology evievr and Validate J jectives Our last step will be to present to the Evaluation Committee the Pert Management Program of the senior management team including: The Evaluation Model Evaluation Process Supporting material and tools Key outcomes for this phase are that the Evaluation Committee fully the Performance Management Program and will be able to use the F establish specific objectives for each member of the senior manager subsequently conduct evaluations for them Page 9 CSJ -Performance Management Program -Draft proposal for discussion 267 Proposed Fees Expected fees for the development of the new Performance Management Program as descri estimated between $40,000 and $50,000 Fees are exclusive of travel expenses, admini charges and any applicable taxes Page 10 CSJ -Performance Management Program -Draft proposal for discussion 268 Timing Review and validate CSJ objectives Design of an evaluation model Development of the evaluation process and supporting tools Presentation of the Performance Management Program January 5-23, 2( January 26 - Fek February 9-20, Week of Februa Page 11 CSJ -Performance Management Program -Draft proposal for discussion 269 Engagement Team The core team for this project will include: Ronny Aoun, Executive Director -has overall respo q ual ity o f this proj ect to ensure d el ivera bl es are tail o Earl D'Souza, Manager -will act as project manage for project coordination and execution; he will revie~n documentation, conduct interviews, propose evaluat draft supporting materials and tools Page 12 CSJ -Performance Management Program -Draft proposal for discussion Zoo Team Bios Page 13 CSJ -Performance Management Program -Draft proposal for discussion 271 Ronny Aoun, Executive Director Human Capital Tel: +1 514-879-8248 Cell: +1 514-825-4934 Fax: +1 514-879-2600 ronnv.aoun(a~ca.ev.com Ronny leads the Performance & Reward practice. He has over 23 years of experiencf Prior to joining Ernst & Young, Ronny has held senior HR positions at large Canadian in various industries. He has extensive knowledge in human resources programs, inte organizational structure, staff planning and deployment, resourcing strategies, perforn organizational development and compensation as well as setting up and managing e~ Due to his educational background and early career experience in information technol analytical dimension to the HR function. Ronny currently helps Ernst & Young's clients with the development and implementatl strategies, the assessment and mitigation of business risks and costs in various area: Through his tenures, Ronny has developed and implemented HR policies, programs, a number of industries. He has also overseen the review of internal controls and including financial, communications and public sector entities. He has: Led the review of internal practices related to recruitment, development and ret of improvement Documented internal controls across HR function as part of compliance for Bill Led the review of the delivery of compensation and benefits and the complet recruitment, performance management, training, absence management to term Led the due diligence review of pension and benefit obligations, payroll and e compensation and severance obligations, and the compliance and competii policies for organizations seeking to acquire another entity Ronny holds a bachelor of arts in Mathematics (1984) and had followed post-graduatE (1998-1999) as well as extensive training on priority management (1989), leadership change management (2000). He is a member of the Quebec Association of Human F Canadian Employee Relocation Council and WorldatWork. Page 14 CSJ -Performance Management Program -Draft proposal for discussion 272 Earl D'Souza, Manager Human Capital Earl has over 14 years of varied HR experience as both a practitioner and consultant. includes recruiting, compensation, benefits, pensions, payroll and employee relations. Earl has reviewed and developed HR programs and policies across many industries Prior to joining Ernst & Young, Earl worked at a large HR consulting firm and at a maj~ Earl is fluent in French and English ven presentations at various confer Cell:+1 416 409 6219 Fax:+1 416 943 2201 earl.dsouza(c~ca.ev.com arl has: Documented entity level controls for a large cable and media company fo performance management and firm-wide remuneration practices Reviewed a large provincial power utility's practices to manage employee / s program successes against objectives and offer suggestions for improvement Reviewed the effectiveness of compensation arrangements and other HR prc due diligence efforts during mergers and acquisitions Reviewed a provincial securities regulator's internal practices related to i retention and highlighted opportunities for improvement in line with HR best pry Documented internal controls that should be in place to properly manage the line with best practices for a large energy distributor Reviewed a large provincial power utility's job evaluation practices to highligY improvement Earl is currently pursuing a Masters in Human Resource Management at York Univer: Bachelor of Commerce from Concordia University Earl is a Certified Human Resources Professional and a member of the Human Resoi Association of Ontario and World at Work. Page 15 CSJ -Performance Management Program -Draft proposal for discussion 273 Tel: +1 416 943 2498