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2006-01-16_Agenda Packet--Dossier de l'ordre du jour/ J COMMON COUNCIL AGENDA — January 16, 2006 REGULAR MEETING 1.1 5:00 p.m. - Call to Order — Prayer 1.2 Approval of Minutes (Dec. 19, 2005 and Jan 3, 2006) 1.3 Approval of Agenda 1.4 Proclamation 1.5 Members Comments 1.6 2006 Operating and Capital Budgets PUBLIC HEARINGS 4.1 7:00 p.m. (a) Proposed Section 39 Amendment — 411 Ellerdale Street (b) Report from Planning Advisory Committee recommending the proposed Section 39 amendment 4.2 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone a parcel of land with an area of approximately 348 square metres, located 660 Rothesay Avenue also identified as being a portion of PID Number 55118244, from "R -1 B" One Family Residential to "B -2" General Business to permit construction of a storage building as requested by Jeffrey Investments Ltd. (b) Report from Planning Advisory Committee recommending the proposed re- zoning amendment Section 39 conditions 4.3 7:00 p.m. (a) Proposed Zoning By -law amendment to re -zone a parcel of land with an area of approximately 1970 square metres located at 1169 Manawagonish Road, also identified as being PID Number 00397760, from "IL -1" Neighbourhood Institutional to "R -1 A" One Family Residential to permit a single - family dwelling as requested by Maurice Eldridge and Anne Marie Devereaux (b) Report from Planning Advisory Committee recommending the proposed re- zoning amendment with Section 39 conditions 4.4 Report from Common Clerk - Public Hearings for Street Closures - McLean Street and Poplar Street COUNCIL MEMBERS 5.1 Retail Growth in East Saint John and Traffic Congestion (Councillor Ferguson) 5.2 Inclusive Cities Canada Project (Councillor White) 5.3 King William Road (Councillor Court) 5.4 Arts & Culture Funding (Deputy Mayor Hooton) 5.5 Tolls Settlement and Application for Final Tolls — Maritime & Northeast Pipelines (Councillor Chase) CITY MANAGER 6.1 Collective Agreement — IAFF Local 771 6.2 Seeking Professional Advice: Pension Deficit 6.3 Proposed Re- zoning - 79 -81 Red Head Road 6.4 Construction of New Water Pipeline — Easement Acquisition — 395 Manchester Avenue 6.5 Amending Resolution — Baleman's Produce CITY SOLICITOR 7.1 Security to Assure Implementation of a Section 39 Agreement 7.2 Section 39 Conditions and Enforcement COMMITTEES /COMMISSIONS 9.1 Planning Advisory Committee - Proposed Widening of Bentley Street Right -of Way GENERAL 10.1 Letter of Thanks to Local 771 Saint John Firefighters from Lancaster Minor Hockey Assoc. 10.2 Letter from William Reynolds Requesting City to Plow Green Haven Lane 10.3 Letter from NB Branch United Nations Assoc. Regarding World Day for Water 10.4 Letter from Rodney McGrath — Enchanted Kingdom Recycle Projects 10.5 Letter from J. Stephen Young Regarding Racino 10.6 Letter from Tim Isaac Regarding Pedestrian Plaza Concept — Prince William Street CONSEIL MUNICIPAL ORDRE DU JOUR DE LA REUNION DU 16 JANVIER 2006 REUNION ORDINAIRE 1.1 17 h - Ouverture de la reunion, suivie de la priere 1.2 Approbation des proces- verbaux (19 decembre 2005 et 3 janvier 2006) 1.3 Adoption de I'ordre du jour 1.4 Proclamation 1.5 Commentaires presentes par les membres 1.6 Budgets de depense et d'immobilisations de 2006 AUDIENCES PUBLIQUES 4.1 19 h — a) Modification proposee aux conditions imposees par I'article 39 visant le terrain situe au 411, rue Ellerdale b) Rapport du Comite consultatif d'urbanisme recommandant le projet de modification en vertu de la modification proposee a I'article 39 4.2 19 h —a) Projet de modification de I'arrete sur le zonage visant a rezoner une parcelle de terrain, d'une superficie d'environ 348 metres carres, situee au 660, avenue Rothesay, et faisant partie du terrain portant le NID 55118244, afin de faire passer la classification de zone residentielle — habitations unifamiliales « R -1 B » a zone commerciale generale « B -2 » pour permettre la construction d'un immeuble d'entreposage, a la demande de 1'entreprise Jeffrey Investments Ltd. b) Rapport du Comite consultatif d'urbanisme recommandant le projet de modification de zonage en vertu des conditions prevues a I'article 39. 4.3 19 h —a) Projet de modification de I'arrete sur le zonage visant a rezoner une parcelle de terrain, d'une superficie d'environ 1 970 metres carres, situee au 1169, chemin Manawagonish, et portant le NID 00397760, afin de la faire passer de zone de quartier a vocation collective « IL -1 » a zone residentielle — habitations unifamiliales « R -1A » pour permettre I'amenagement d'une habitation unifamiliale, a la demande de Maurice Eldridge et Anne Marie Devereaux. b) Rapport du Comite consultatif d'urbanisme recommandant le projet de modification de zonage en vertu des conditions prevues a I'article 39. 4.4 Rapport du greffier municipal sur les audiences publiques concernant la fermeture des rues McLean et Poplar. MEMBRES DU CONSEIL 5.1 Croissance du commerce au detail dans le secteur est de The City of Saint John et encombrement des voies de circulation (conseiller Ferguson) 5.2 Projet Inclusive Cities Canada (conseiller White) 5.3 Chemin King William (conseiller Court) 5.4 Financement des arts et de la culture (maire suppleant Hooton) 5.5 Reglement relatif aux droits et demande d'approbation des droits definitifs — Maritime & Northeast Pipelines (conseiller Chase) DIRECTEUR GENERAL 6.1 Convention collective de la section locale 771 de I'IAFF 6.2 Demande de conseils de professionnels concernant le deficit de la caisse de retraite 6.3 Projet de rezonage relatif au 79 -81, chemin Red Head 6.4 Construction d'une nouvelle conduite d'eau et acquisition d'une servitude — 395, avenue Manchester 6.5 Resolution modificatrice — Baleman's Produce AVOCAT MUNICIPAL 7.1 Garantie assurant la mise en oeuvre de 1'entente relative a I'article 39 7.2 Conditions imposees par I'article 39 et execution COMITES ET COMMISSIONS 9.1 Comite consultatif d'urbanisme — projet d'elargissement du droit de passage de la rue Bentley GENERALITES 10.1 Lettre de remerciement a la section locale 771 de I'Association des pompiers de Saint John revue de I'association de hockey mineur de Lancaster 10.2 Lettre revue de William Reynolds demandant a la ville de deneiger I'allee Green Haven 10.3 Lettre revue de I'Association canadienne pour les Nations Unies, section N. -B., concernant la Journee mondiale de I'eau 10.4 Lettre revue de Rodney McGrath relative aux projets de recyclage Enchanted Kingdom 10.5 Lettre revue de J. Stephen Young relativement au concept « Racino 10.6 Lettre revue de Tim Isaac concernant le concept de place publique pour pietons sur la rue Prince William 91 -897 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — DECEMBER 19, 2005 — 7:00 P.M. present Deputy Mayor Hooton, and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Corporate Services; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; R. Simonds, Fire Chief; A. Bodechon, Chief of Police; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 19 DECEMBRE 2005 a 19 H Sont presents : Le maire suppleant Hooton Les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; A. Beckett, commissaire aux finances et aux services administratifs; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; R. Simonds, chef du service d'incendie; A. Bodechon, chef de police; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. 1.1 Meeting Called To Order — Prayer Deputy Mayor Hooton called the meeting to order and offered the opening prayer. 1.1 Ouverture de la seance et priere La seance est ouverte par le maire suppleant Hooton qui recite la priere d'ouverture. 1.2 Approval of Minutes On motion of Councillor Farren Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on December 5, 2005, be approved. Question being taken, the motion was carried. 1.2 Approbation du proces- verbal de la derniere reunion Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que le proces- verbal de la reunion du conseil communal tenue le 5 decembre 2005 soit approuve. 91 -898 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 A Tissue du vote, la proposition est adoptee. 1.3 Approval of Agenda On motion of Councillor Farren Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of items 8.3(a), Business Improvement Levy By -law, and 9.2 Committee of the Whole Report. Question being taken, the motion was carried. 1.3 Adoption de I'ordre du jour Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point n° 8.3a), Arrete concernant la taxe d'amelioration des affaires et le point n° 9.2, le rapport du Comite plenier. A Tissue du vote, la proposition est adoptee. 1.4 Members' Comments The Deputy Mayor and several Councillors commented on community events. 1.4 Commentaires presentes par les membres Le maire suppleant et plusieurs conseillers discutent de diverses activites communautaires. 4.1(a) Proposed Zoning By -law Amendment - 70 Thorne Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By -law Amendment to re -zone a parcel of land located at 70 Thorne Ave., having an area of approximately 1 hectare, also identified as being PID Number 19869, from "B -2" General Business, to "SZ -12" Special Zone # 12 classification to permit a self storage warehouse facility as requested by ASC Commercial Leasing Ltd. 4.1(b) Report from Planning Advisory Committee Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staffs report considered at its December 13, 2005 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone a parcel of land located at 70 Thome Ave., having an area of approximately 1 hectare, also identified as being PID Number 19869, from "B -2" General Business, to "SZ -12" Special Zone # 12 classification. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 70 Thorne Ave,, having an area of approximately 1 hectare, also identified as being PID Number 19869, from "B -2" General Business, to "SZ -12" Special Zone # 12 classification be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John ". 91 -899 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 70 Thorne Ave., having an area of approximately 1 hectare, also identified as being PID Number 19869, from "B -2" General Business, to "SZ -12" Special Zone # 12 classification be read a second time, Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John ". 4.1a) Modification proposee de I'arrete sur le zonage relatif au 70, avenue Thorne Le greffier communal indique que les avis requis ont ete publies relativement a la modification proposee de I'arrete sur le zonage visant a rezoner une parcelle de terrain situee au 70, avenue Thorne, d'une superficie d'environ un hectare, portant le NID 19869, afin de faire passer la classification de zone commerciale generale « B -2 » a zone speciale no 12 « SZ -12 » pour permettre I'amenagement d'un entrepot libre- service, a la demande de 1'entreprise ASC Commercial Leasing Ltd. 4.1 b) Rapport du Comite consultatif d'urbanisme Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel d'urbanisme etudie lors de la reunion tenue le 13 decembre 2005, au tours de laquelle le comite a decide de recommender I'approbation, telle qu'elle est presentee dans les recommandations du personnel, voulant que le conseil communal procede au rezonage d'une parcelle de terrain situee au 70, avenue Thorne, d'une superficie d'environ un hectare, et portant le NID 19869, afin de faire passer la classification de zone commerciale generale « B -2 » a zone speciale no 12, « SZ -12 ». Le maire invite le public a exprimer son opposition quant au rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son soutien quant au rezonage, mais personne ne prend la parole, Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain situee au 70, avenue Thorne, d'une superficie d'environ un hectare et portant le NID 19869, en vue de la faire passer de zone commerciale generale « B -2» a zone speciale no 12 « SZ -12 », fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee Premiere lecture par titre de I'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John >>. Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain situee au 70, avenue Thorne, d'une superficie d'environ un hectare et portant le NID 19869, en vue de la faire passer de zone commerciale generale « B -2» a zone speciale no 12 « SZ -12 », fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John >>. 91 -900 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 4.2(a)(b) Proposed Municipal Plan and Zoning By -law Amendments - McAllister Drive and Mountain View Drive {Councillor Ferguson declared a conflict of interest and withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan Amendment re- designating on Schedule 2 -A of the Plan from Business Park to Service Corridor classification and proposed re- zoning of a parcel of land located on the corner of McAllister Drive and Mountain View Drive, having an area of approximately 1.3 hectares, also identified as being PID Numbers 55116966 and 55147532, from "B -2" General Business and "RS -2" One and Two Family Suburban Residential , to "SZ -5" Special Zone # 5 classification to permit a a new car dealership as requested by MSSI Holdings Inc. with a letter objecting to the proposed re- zoning. 4.2(c) Report from Planning Advisory Committee Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staffs report considered at its December 13, 2005 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re- designate on Schedule 2 -A of the Plan from Business Park to Service Corridor classification and re -zone a parcel of land located on the corner of McAllister Drive and Mountain View Drive, having an area of approximately 1.3 hectares, also identified as being PID Numbers 55116966 and 55147532, from "B -2" General Business and "RS -2" One and Two Family Suburban Residential , to "SZ -5" Special Zone # 5 classification with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with Shelly Rinehart speaking on behalf of her father who lives in the area, advising that the developer and the residents have come to an agreement with regard to landscaping and distance between maple trees to be planted; that a body shop will be not be located on the premises, and that the access road on to Mountain View Drive will be for staff only. The Mayor called for members of the public to speak in favour of the re- zoning with Dolan Leger of the Saturn Dealership advising that he is in agreement with the recommendations. On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law To Amend The Municipal Plan By -law " by re- designating on Schedule 2 -A of the Plan a parcel of land located on the corner of McAllister Drive and Mountain View Drive, having an area of approximately 1.3 hectares, also identified as being PID Numbers 55116966 and 55147532 from Business Park to Service Corridor classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law To Amend The Municipal Plan By- law ". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law To Amend The Municipal Plan By -law " by re- designating on Schedule 2 -A of the Plan a parcel of land located on the corner of McAllister Drive and Mountain View Drive, having an area of approximately 1.3 hectares, also identified as being PID Numbers 55116966 and 55147532 from Business Park to Service Corridor classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law To Amend The Municipal Plan By -law ". 91 -901 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning the same parcel of land, from "B -2" General Business and "RS -2" One and Two Family Suburban Residential , to "SZ -5" Special Zone # 5 classification with Section 39 conditions be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John ". On motion of Councillor Court Seconded by Councillor Chang RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning the same parcel of land, from "B -2" General Business and "RS -2" One and Two Family Suburban Residential , to "SZ -5" Special Zone # 5 classification with Section 39 conditions be read a second time, Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John ". (Councillor Ferguson re- entered the meeting.) 4.2a)b) Modifications proposees du plan municipal et de I'arrete sur le zonage relativement aux promenades McAllister et Mountain View (Le conseiller Ferguson annonce qu'il est en conflit d'interets relativement a ce sujet et quitte la reunion.) Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du plan municipal visant a modifier a I'annexe 2 -A dudit plan, la classification de la zone afin de la faire passer de zone de parc commercial a zone de corridor de service et au projet de modification du zonage dune parcelle de terrain situee au coin des promenades McAllister et Mountain View, d'une superficie approximative de 1,3 hectare, portant les NID 55116966 et 55147532, afin de la faire passer de zone Commerciale generale « B -2 » et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale n° 5 « SZ -5 » , pour permettre I'amenagement d'une concession d'automobiles neuves, a la demande de 1'entreprise MSSI Holdings Inc., et qu'une lettre d'opposition au rezonage propose a ete produite. 4.2c) Rapport du Comite consultatif d'urbanisme Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport redige par le personnel d'urbanisme examine lors de la reunion tenue le 13 decembre 2005, au tours de Iaquelle le Comite a decide de recommender I'approbation, telle qu'elle est presentee clans les recommandations du personnel voulant que le Conseil communal procede a la modification de la classification a I'annexe 2 -A du plan afin de la faire passer de zone de parc commercial a zone de corridor de service et a la modification du zonage d'une parcelle de terrain situee au coin des promenades McAllister et Mountain View, d'une superficie approximative de 1,3 hectare, portant les NID 55116966 et 55147532, afin de faire passer la classification de zone Commerciale generale « B -2 » et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » A zone speciale n° 5 « SZ -5 », conformement aux conditions imposees par I'article 39, Le maire invite le public a exprimer son opposition quant au rezonage et Shelly Rinehart prend la parole au nom de son pere, resident du quartier, et indique que le promoteur et les residents se sont entendus relativement a I'amenagement paysager et a la distance qui doit separer les erables qui sont prevus etre plantes, qu'aucun atelier de debosselage ne sera situe sur les Iieux et que la voie d'acces a la promenade Mountain View ne sera emprunte que par le personnel. 91 -902 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Le maire invite le public a exprimer son soutien quant au rezonage et Dolan Leger, au nom de la concession Saturn, indique qu'il appuie lesdites recommandations. Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal > modifiant a I'annexe 2 -A du plan, la classification d'une parcelle de terrain situee au coin des promenades McAllister et Mountain View, dune superficie approximative de 1,3 hectare, portant les NID 55116966 et 55147532, afin de la faire passer de zone de parc commercial a zone de corridor de service, fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant 1'arrete relatif au plan municipal » . Proposition du conseiller Court Appuyee par le conseiller White RESOLU que 1'arrete intitule «Arrete modifiant 1'arrete relatif au plan municipal » modifiant A I'annexe 2 -A du plan, la classification dune parcelle de terrain situee au coin des promenades McAllister et Mountain View, d'une superficie approximative de 1,3 hectare, portant les NID 55116966 et 55147532, afin de la faire passer de zone de part commercial A zone de corridor de service, fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxibme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete relatif au plan municipal » . Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete modifiant 1'arrete sur le zonage de The City of Saint John >>, modifiant la meme parcelle de terrain, afin de faire passer classification de zone commerciale generale < B -2 >> et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales < RS -2 » A zone speciale no 5 « SZ -5 >> conformement aux conditions prevues A I'article 39, fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller Chang RESOLU que 1'arrete intitule «Arrete modifiant 1'arrete sur le zonage de The City of Saint John >>, modifiant la meme parcelle de terrain, afin de faire passer classification de zone commerciale generale << B -2 >> et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale no 5 << SZ -5 > conformement aux conditions prevues a I'article 39, fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxibme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John ». (Le conseiller Ferguson se joint de nouveau a la reunion.) 4.3(a) Proposed Zoning By -law Amendment - 186 Queen Street West The Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By -law Amendment to add to the list of special zones and to re- zone a parcel of land located at 186 Queen Street West, having an area of 91 -903 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 approximately 465 Square metres, also identified as being PID Number 365569, from "R -2" One and Two Family Residential, to "SZ -19" Special Zone # 19 classification to permit a group care facility for homeless women within the existing building as requested by Homeless Womens' Shelter Services Inc. 4.3(b)(c) Report from Planning Advisory Committee and Letter from Womens' Shelter Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its December 13, 2005 meeting at which the Committee decided to recommend tabling of the application as set out in the staff recommendation, recommending that Common Council table the application to re -zone a parcel of land located at 185 Queen Street West, having an area of approximately 465 Square metres, also identified as being PID Number 365569, from "R -2" One and Two Family Residential, to "SZ -19" Special Zone # 19 classification. Consideration was also given to the letter from the Womens' Shelter requesting the proposed re- zoning be tabled. On motion of Councillor White Seconded by Councillor Farren RESOLVED that the application to amend the "Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 185 Queen Street West, having an area of approximately 465 Square metres, also identified as being PID Number 365569, from "R -2" One and Two Family Residential, to "SZ -19" Special Zone # 19 classification, be tabled until January 30, 2006, Question being taken, the motion was carried. 4.3a) Modification de I'arrete sur le zonage relativement au 186, rue Queen Ouest Le greffier communal indique que les avis requis ont ete publies relativement a la modification proposee de I'arrete sur le zonage visant a ajouter a la liste des zones speciales et a rezoner une parcelle de terrain situee au 186, rue Queen Ouest, d'une superficie approximative de 465 metres carres et portant le NID 365569, afin de faire passer la classification de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone speciale n° 19 « SZ -19 >>, afin de permettre I'amenagement d'un centre de soins en groupe pour femmes sans -abri a I'interieur du batiment existant, A la demande de I'organisme Homeless Women's Shelter Services Inc, [services de refuge pour femmes sans- abri]. 4.3b)c) Rapport presente par le Comite consultatif d'urbanisme et lettre regue du refuge pour femmes Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel d'urbanisme etudA lors de la reunion tenue le 13 decembre 2005, au cours de laquelle le comite a resolu de recommander le report de la demande, telle qu'elle est presentee clans les recommandations du personnel, voulant que le conseil communal procede au report de la demande visant le rezonage d'une parcelle de terrain situee au 185, rue Queen Ouest, d'une superficie approximative de 465 metres carres, et portant le NID 365569, afin de faire passer la classification de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone speciale n° 19, « SZ -19» . De plus, examen d'une lettre reque du refuge pour femmes voulant que soit reporte le projet de rezonage, Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que la demande de modification de « I'Arrete sur le zonage de The City of Saint John » visant a rezoner une parcelle de terrain situee au 185, rue Queen Ouest, d'une superficie approximative de 465 metres carres, portant le NID 365569, afin de faire passer la classification de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone speciale n° 19 « SZ -19 », soit reportee au 30 janvier 2006. A I'issue du vote, la proposition est adoptee. 91 -904 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 5.1 Moving the Calais International Bridge Forward On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that as recommended by Councillor Farren, The City of Saint John send letters to the City of Calais, the Commissioner of the State of Maine Department of Transportation, the New Brunswick Minister of Transportation, area MLA's, the Canadian Transportation Minister and our local M.P. congratulating them for the progress achieved on the International Bridge project, an important first step to the future of our shared region's economy. Question being taken, the motion was carried. 5.1 Progres realises au chapitre du pont international de Calais Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que, comme le recommande le conseiller Farren, The City of Saint John expedie des lettres a la Ville de Calais, au Commissaire du ministere des Transports de I'etat du Maine, au ministre des Transports du Nouveau - Brunswick, aux deputes locaux, au ministre de Transports Canada et au depute local pour les feliciter des progres realises au chapitre du projet visant le pont international, une premiere etape importante pour 1'economie commune future de notre region. A Tissue du vote, la proposition est adoptee, 5.2 Minimum Property By -law Enforcement Update On motion of Councillor McGuire Seconded by Councillor White RESOLVED that the letter from Councillor McGuire updating Council on progress made on minimum property by -law enforcement activities, be received for information. Question being taken, the motion was carried. 5.2 Mise a jour relative a 1'execution des dispositions de I'arrete relatif aux normes minimales regissant les residences Proposition du conseiller McGuire Appuyee par le conseiller White RESOLU que la lettre de mise a jour presentee par le conseiller McGuire relative aux progres realises visant les activites liees a 1'execution des dispositions de I'arrete relatif aux normes minimales regissant les residences, soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 5.3 Racism Conference On motion of Councillor Chang Seconded by Councillor Court RESOLVED that the letter from Councillor Chang with attached agenda from the Asian Canadian National Conference Against Racism II in which he participated, be received for information. Question being taken, the motion was carried. 5.3 Congres sur le racisme Proposition du conseiller Chang Appuyee par le conseiller Court RESOLU que la lettre presentee par le conseiller Chang accompagnee de I'ordre du jour du deuxieme congres national asiatique- canadien sur la lutte contre le racisme auquel it a participe, soit acceptee a titre informatif. 91 -905 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 A I'issue du vote, la proposition est adoptee. 6.1 Section 39 Conditions and Enforcement On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that the report from the City Manager, Section 39 Conditions and Enforcement, tabled on December 5, 2005, be lifted from the table, Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor White RESOLVED that the report from the City Manager, Section 39 Conditions and Enforcement, be received for information. Referring to the City Manager's report, the Commissioner of Planning and Development spoke about raising the base standards of zoning noting that it may cause an increase in the number of applications for variances, and that the issue of insufficient resources for enforcement remains. The Commissioner of Buildings and Inspection Services noted that the wording on the Section 39 conditions could be more precise in some instances. Question being taken, the motion was carried. On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the recommendation by Councillor Court, that developers who are in non - compliance with Section 39 Conditions be subject to a security deposit on subsequent developments until they are compliant, be referred to the City Solicitor and City Manager. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor White RESOLVED that item 7.1, Section 39 Conditions and Enforcement, tabled on December 5, 2005, be brought forward and lifted from the table. Referring to his submitted report, the City Solicitor advised that if the conditions and terms are clear, they are enforceable. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor McGuire RESOLVED that the City Solicitor examine the list of Section 39 condition breaches in the Report from the City Manager and report back to Council. Question being taken, the motion was carried. The Deputy Mayor announced that the Local 771, Firefighters' collective agreement had been tabled at a meeting of the Committee of the Whole earlier this evening. 6.1 Conditions imposees par I'article 39 et execution Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que le rapport presente par le directeur general, intitule Conditions imposees par Particle 39 et execution, reporte lors de la reunion du 5 decembre 2005, soit examine des maintenant. A I'issue du vote, la proposition est adoptee. 91 -906 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Proposition du conseiller Chase Appuyee par le conseiller White RESOLU que le rapport presente par le directeur general, intitule Conditions imposees par I'article 39 et execution, soit accepte a titre informatif. Se reportant au rapport presente par le directeur general, le commissaire des Services de I'urbanisme et du developpement se prononce sur la question visant a elever les normes minimales du zonage, indiquant qu'une augmentation des demandes de modification pourrait en resulter et qu'il existe toujours un probleme d'insuffisance de ressources destinees a 1'execution. Le commissaire a la Construction et aux Services d'inspection indique que le libelle des conditions stipulees a I'article 39 devrait titre redige plus precisement dans certains cas. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que la recommandation presentee par le conseiller Court, voulant que les promoteurs qui contreviennent aux dispositions de I'article 39 soient tenus de verser un depot de garantie sur les amenagements subsequents jusqu'au moment ou ils sont juges de nouveau en conformite, soit transmise a I'avocat municipal et au directeur general. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Chase Appuyee par le conseiller White RESOLU que le point n° 7.1, Conditions imposees par I'article 39, et execution, reporte lors de la reunion du 5 decembre 2005, soit examine des maintenant. Se reportant au rapport qu'il a presente, I'avocat municipal affirme que lorsque les conditions et les modalites sont claires, elles sont passibles d'execution. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Chase Appuyee par le conseiller McGuire RESOLU que I'avocat municipal etudie la liste des violations a 1'encontre des conditions imposees par I'article 39 dressees dans le rapport du directeur general et qu'il adresse le compte rendu au conseil. A I'issue du vote, la proposition est adoptee. Le conseiller ? ? ?? vote contre. Le maire suppleant declare que la question relative a la convention collective de la section locale 771 de I'Association des pompiers de Saint John a ete reportee lors de la reunion du Comite plenier plus tot en soiree. 6.2 City's General Insurance Tender On motion of Councillor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, Council accept the insurance package, offered by Aon Reed Stenhouse Inc. through the St. Paul and Marine Insurance Co., and approve payment as follows: Aon Reed Stenhouse Inc. $908,928. (Insurance Premium) Aon Reed Stenhouse Inc. 45,000. (Agency Fee) Total $953,928. Question being taken, the motion was carried. 91 -907 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 6.2 Soumission d'assurances IARD de la Ville Proposition du conseiller Chase Appuyee par le conseiller White RLSOLU que, comme le recommande le directeur general, le Conseil accepte I'offre d'assurances proposee par Aon Reed Stenhouse Inc., par 1'entremise de St. Paul and Marine Insurance Co., et approuve le mode de paiement suivant : Aon Reed Stenhouse Inc. 908 928 $ (prime d'assurance) Aon Reed Stenhouse Inc. 45 000 (frais d'agence) Total 953 928 $ A I'issue du vote, la proposition est adoptee. 6.3 Tender for Collection of Residential Solid Waste On motion of Councillor Court Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the tender of Mr. Dumpster Inc, for the establishment of a supply agreement for the collection of residential solid waste in the zones identified in the tender document and for a period from January 1, 2006 through to June 30, 2006, with an option to extend on a month to month basis for a maximum additional six -month term, be accepted. Question being taken, the motion was carried. (Councillor Ferguson withdrew from the meeting) 6.3 Soumission pour la collecte des matieres usees solides residentielles Proposition du conseiller Court Appuyee par le conseiller Farren RLSOLU que, comme le recommande le directeur regional, la soumission presentee par 1'entreprise Mr. Dumpster Inc., relative a I'elaboration d'une convention d'approvisionnement visant la collecte de matieres usees solides residentielles dans les zones determinees en vertu du document de soumission, pour une periode allant du 1ef janvier 2006 au 30 juin 2006, incluant une option de prorogation mensuelle automatique pour une duree additionnelle maximale de six mois, soit acceptee. A I'issue du vote, la proposition est adoptee. (Le conseiller Ferguson quitte la reunion.) 6.4 2005 Water & Sewerage Utility Fund Capital Program Adjustments On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, Common Council approve the revisions to the 2005 Water & Sewerage Utility Fund Capital Program, as outlined in the submitted report. Question being taken, the motion was carried. (Councillor Ferguson re- entered the meeting) 6.4 Modifications apportees au programme d'im mobil isations relatif au fonds du reseau d'aqueduc et d'egouts pour 2005 Proposition du conseiller White Appuyee par le conseiller Farren RLSOLU que, comme le recommande le directeur general, le Conseil approuve les ajustements au programme d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts pour 2005, tel que le souligne le rapport presente. 91 -908 COMMON COUNCILICONSEIL COMMUNAL DECEMBER 19, 2005 11-e 19 DECEMBRE 2005 A Tissue du vote, la proposition est adoptee. (Le conseiller Ferguson se joint de nouveau a la reunion.) 6.5 Contract 2005 -32 - Somerset Street Water Main and Sanitary Sewer Renewal and Storm Sewer Installation On motion of Councillor Court Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Contract 2005 -32 - Somerset Street Water Main and Sanitary Sewer Renewal and Storm Sewer Installation, be awarded to the low tenderer, Valley Excavation Ltd. at its tendered price of $816,147. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 6.5 Contrat no 2005 -32 relatif au renouvellement de la conduite d'eau principale et des egouts sanitaires et installation d'egouts pluviaux sur la rue Somerset Proposition du conseiller Court Appuyee par le conseiller Chase RESOLU que, comme le recommande le directeur general, le contrat no 2005 -32, relatif au renouvellement de la conduite d'eau principale et des egouts sanitaires et a ('installation des egouts pluviaux sur la rue Somerset, soit accorde au soumissionnaire moins- disant, Valley Excavation Ltd., au prix offert de 816 147 $, calcule a partir de quantites estimatives et, de plus, que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. A ('issue du vote, la proposition est adoptee. 6.6 McAllister Wastewater Pumping Station - Electrical Service Repairs On motion of Councillor Court Seconded by Councillor Chang RESOLVED that as recommended by the City Manager, Common Council approve the addition of the McAllister Wastewater Pumping Station - Electrical Service Repairs Project to the 2005 Water & Sewerage Utility Fund Capital Program in the amount of $75,000. Question being taken, the motion was carried. 6.6 Reparations effectuees au service electrique du poste de pompage des eaux usees de la promenade McAllister Proposition du conseiller Court Appuyee par le conseiller Chang RESOLU que, comme le recommande le directeur general, le conseil communal approuve I'ajout du projet de reparations au systeme de distribution d'electricite du poste de pompage des eaux usees de la promenade McAllister au programme de fonds d'immobilisations relatif au service d'aqueduc et d'egouts pour 2005 au montant de 75 000 $. A ('issue du vote, la proposition est adoptee. 6.7 Scada - (Supervisory Control and Data Acquisition) System Upgrade Phase II - Propagation Study On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the proposal of Crandall Engineering Ltd., for engineering and services to complete a radio propagation study be accepted, and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 91 -909 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Question being taken, the motion was carried. 6.7 Phase II relative a la mise a niveau du systeme SCADA (systeme d'acquisition et de contr6le des donnees) visant 1'etude de la propagation Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, la proposition presentee par la firme Crandall Engineering Ltd., visant les services d'ingenierie relatifs a 1'etude de la propagation radiophonique soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. A Tissue du vote, la proposition est adoptee. 6.8 Historic Places Initiative — Properties Recommended for the Canadian Register of Historic Places On motion of Councillor McGuire Seconded by Councillor White RESOLVED that as recommended by the City Manager, the Common Council of The City of Saint John list the following properties on The City of Saint John Local Register of Historic Places: 107 -113 Charlotte Street 169 -173 Charlotte Street 119 -121 Germain Street 123 -125 Germain Street 145 Germain Street 147 Germain Street 157 -159 Germain Street 161- 163 -165 Germain Street 179 Germain Street 180 Germain Street 187 Germain Street 197 Germain Street 203 -205 Germain Street 213 Germain Street 221 Germain Street 122 -130 Germain Street 148- 152 -154 Germain Street 156 Germain Street 158 Germain Street 160 Germain Street 215 Germain Street 259 -261 Germain Street 188 Germain Street 254 Germain Street 256 Germain Street 204 Germain Street 223 Germain Street 219 Germain Street 216 Germain Street 212 Germain Street 211 Germain Street 237 Germain Street 186 Germain Street 190 Germain Street 200 Germain Street 206 Germain Street 210 Germian Street 228 Germain Street 242 -244 Germain Street 260 Germain Street 263 Germain Street 265 -267 Germain Street 269 -271 Germain Street 275 Germain Street 283 -285 Germain Street 29 Horsfield Street 91 Prince William Street 92 -96 Prince William Street 93 Prince William Street 97 Prince William Street 105 -107 Prince William Street 115 Prince William Street 127 -129 Prince William Street 167 -173 Prince William Street 264 Prince William Street 8 Queen Square South 100 Water Street 62 Water Street And that the Council of The City of Saint John nominate the listed properties in The City of Saint John Register of Local Historic Places to the New Brunswick and Canadian Registry. Question being taken, the motion was carried. 6.8 Initiative des lieux historiques relative aux propretes recommandees aux fins d'inscription au Repertoire canadien des lieux historiques Proposition du conseiller McGuire Appuyee par le conseiller White RESOLU que, comme le recommande le directeur 91 -910 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 general, le conseil communal de The City of Saint John dresse la liste des proprietes suivantes dans le Repertoire des lieux historiques locaux de The City of Saint John : 107 -113, rue Charlotte 211, rue Germain 169 -173, rue Charlotte 237, rue Germain 119 -121, rue Germain 186, rue Germain 123 -125, rue Germain 190, rue Germain 145, rue Germain 200, rue Germain 147, rue Germain 206, rue Germain 157 -159, rue Germain 210, rue Germain 161 - 163 -165, rue Germain 228, rue Germain 179, rue Germain 242 -244, rue Germain 180, rue Germain 260, rue Germain 187, rue Germain 263, rue Germain 197, rue Germain 265 -267, rue Germain 203 -205, rue Germain 269 -271, rue Germain 213, rue Germain 275, rue Germain 221, rue Germain 283 -285, rue Germain 122 -130, rue Germain 29, rue Horsfield 148 -152 -154, rue Germain 91, rue Prince William 156, rue Germain 92 -96, rue Prince William 158, rue Germain 93, rue Prince William 160, rue Germain 97, rue Prince William 215, rue Germain 105 -107, rue Prince William 259 -261, rue Germain 115, rue Prince William 188, rue Germain 127 -129, rue Prince William 254, rue Germain 167 -173, rue Prince William 256, rue Germain 264, rue Prince William 204, rue Germain 8, place Queen Sud 223, rue Germain 100, rue Water 219, rue Germain 62, rue Water 216, rue Germain 212, rue Germain Que le conseil de The City of Saint John propose les proprietes figurant au repertoire des historiques locaux de The City of Saint John au Repertoire du Nouveau - Brunswick et au Repertoire canadien. A Tissue du vote, la proposition est adoptee. 6.9 Lease of Space - Baleman's Produce - City Market On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, 1. The City of Saint John lease Stall "B ", associated bench space, cooler space and mezzanine office space in the City Market to Robert Baleman upon the terms and conditions set out in the draft lease submitted with M &C #2005 -380; and further that City staff be given direction to make the necessary alterations in the draft Lease submitted, secure the Lessor's signature and forward the Lease to the City for execution by the Mayor and Common Clerk with execution by the City to be contingent upon the City's first obtaining a written surrender of any and all leasehold interests currently existing in the space identified in the proposed Lease, 2. Common Council give first and second reading to an amendment of the "City Market By -Law" whereby Section 5(2) is amended to add the following Section 5(2)(h), Section 5(2)(i) Stall "B" with associated stall and cooler space; and 3. Further that the Mayor and Common Clerk execute the lease once the amendment is enacted. Question being taken, the motion was carried. 91 -911 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 6.9 Location d'espaces au Marche municipal par 1'entreprise Bateman's Produce Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general : 1. The City of Saint John procede a la location de I'etal « B », du banc connexe, de 1'espace reservee a la refrigeration, et de 1'espace de bureaux situes au rez -de- chaussee du Marche municipal, a Robert Baleman, conformement aux modalites et conditions precisees dans le projet de bail accompagne par le contrat no M/C 2005 -380; de plus, que les employes municipaux soient charges de rediger les modifications necessaires au projet de bail presente, de s'assurer de la signature du locateur et de 1'expedition du bail a la Ville aux fins de signature par le maire et le greffier, telle signature etant assujettie a I'obtention par la Ville d'une resignation par ecrit relative a I'abandon de tout droit sur les biens -fonds en vigueur a I'heure actuelle visant les lieux precises dans le bail prevu; 2. le conseil communal procede aux premiere et deuxieme lectures de la modification de I'arrete concemant le marche de The City of Saint John, modifiant I'article 5(2) afin d'inserer les articles 5(2)h) et 5(2)i), Etal « B », y compris les espaces connexes, et les espaces reserves a la refrigeration; 3. de plus, que le maire et le greffier communal procedent a la signature du bail a la suite de I'adoption de la modification. A I'issue du vote, la proposition est adoptee. 6.10 Lease of Space -Howard's Convenience -The City Market On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, 1. The City of Saint John lease space known as Howard's Convenience, off Charlotte St, in the City Market, to R.N.L. Blanchard Ltd. upon the terms and conditions set out in the draft lease submitted with M &C #2005 -379; and further that City staff be given direction to make the necessary alterations in the draft Lease attached, secure the Lessor's signature /corporate seal and forward the lease to the City for execution by the Mayor and Common Clerk and; 2. Further that the Mayor and Common Clerk be authorized to execute the Lease. Question being taken, the motion was carried. 6.10 Location d'espace a 1'entreprise Howard's Convenience au Marche municipal Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general : 1. The City of Saint John procede a la location de 1'espace connu sous le nom de Howard's Convenience, donnant sur la rue Charlotte, au marche municipal, a 1'entreprise R.N.L. Blanchard Ltd., conformement aux modalites et conditions stipulees au projet de bail accompagnee du contrat no M/C 2005 -379; de plus, que les employes municipaux soient charges de rediger les modifications necessaires au projet de bail presente, de s'assurer de la signature du locateur, de I'apposition du sceau de 1'entreprise et de 1'expedition dudit bail a la Ville aux fins de signature par le maire et le greffier communal; 2. que le maire et le greffier communal soient autorises a signer ledit bail. A I'issue du vote, la proposition est adoptee. 91 -912 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 6.11 Lease of Land to Mega Enterprises Inc. - 154 Germain Street West On motion of Councillor Tait Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, 1. Council authorize the City Solicitor to take the necessary steps required to achieve vacant possession of its lands located at 154 Germain Street West, PID Number 368100. 2. Council direct the appropriate staff to ensure that a fence is erected between its property at 154 Germain Street West and the adjacent lands owned by Mega Enterprises Inc. On motion of Councillor Tait Seconded by Councillor Chase RESOLVED that the issue of the Lease of Land to Mega Enterprises Inc., 154 Germain Street West be tabled. Question being taken, the tabling motion was carried. On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the City Manager explore the possibility of an arrangement that would realize a relocation of the business. Question being taken, the motion was carried. 6.11 Location d'un bien -fonds situe au 154, rue Germain Ouest a 1'entreprise Mega Enterprises Inc. Proposition du conseiller Tait Appuyee par le conseiller Chase RESOLU que, comme le recommande le directeur general : 1. le conseil autorise I'avocat municipal a entreprendre les demarches necessaires afin de prendre libre possession des biens -fonds appartenant a la Ville situes au 154, rue Germain Ouest, portant le N I D 368100; 2. le conseil charge les employes adequats de s'assurer qu'une cloture soit erigee entre les biens -fonds appartenant a la Ville situes au 154, rue Germain Ouest et les biens -fonds attenants appartenant a 1'entreprise Mega Enterprises Inc. Proposition du conseiller Tait Appuyee par le conseiller Chase RESOLU que la question relative a location de biens -fonds a 1'entreprise Mega Enterprises Inc., situes au 154, rue Germain Ouest soit reportee. A I'issue du vote, la proposition visant A reporter 1'examen de cette question est adoptee, Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que le directeur general etudie la possibility de conclure un arrangement visant a demenager 1'entreprise, A Tissue du vote, la proposition est adoptee. 91 -913 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 6.12 Pay & Display Parking Machines - Purchase of Machines for Water Street On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, Common Council authorize the purchase of six (6) Pay n' Display Parking machines from Precise Parklink Inc, at a cost of $100,740. Question being taken, the motion was carried. 6.12 Acquisition de systemes de paiement a console d'affichage pour la rue Water Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, le conseil communal autorise I'acquisition de six (6) systemes de paiement a console d'affichage de 1'entreprise Precise Parklink Inc., pour la somme de 100 740 $. A I'issue du vote, la proposition est adoptee. 6.13 Public Hearing Dates - 411 Ellerdale St., 1169 Manawagonish Rd. and 660 Rothesay Avenue On motion of Councillor Court Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, Common Council schedule the Public Hearings for the re- zoning and Section 39 applications of Brian Johnson, 411 Ellerdale Street, Maurice Eldridge and Anne Marie Devereaux, 1169 Manawagonish Road, and Jeffrey Investments Ltd., 660 Rothesay Avenue, for Monday, January 16, 2006 at 7:00 p.m. in the Council Chamber. Question being taken, the motion was carried. 6.13 Dates d'audiences publiques relatives au 411, rue Ellerdale, au 1169, chemin Manawagonish et au 660, avenue Rothesay Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, le Conseil communal fixe les dates d'audiences publiques relatives aux demandes de rezonage et de modification des conditions imposees par I'article 39, deposees par Brian Johnson, visant le 411, rue Ellerdale, par Maurice Eldridge et Anne Marie Devereaux, visant le 1169, chemin Manawagonish et par 1'entreprise Jeffrey Investments Ltd., visant le 660, avenue Rothesay, au lundi 16 janvier 2006a 19 h dans la salle du Conseil. A I'issue du vote, la proposition est adoptee. 6.14 Authorization of Application for Municipal Plan Amendment/Re- zoning & Stop -up & Closure of Poplar St., Walnut St., Eastmount Cres., Amherst St., Windsor St., Woodland St., Elmwood Ave., Ashland Ave., and portion of Rockwood Ave. On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, 1. Common Council direct the Common Clerk to publish notice of Council's intention to consider the passing of a by -law to stop -up and close Poplar Street, Walnut Street, Eastmount Crescent, Amherst Street, Windsor Street, Woodland Street, Elmwood Avenue, Ashland Avenue and a 3,447 square metre ± portion of Rockwood Avenue, as generally shown on the submitted plan. 2. Common Council authorize the Municipal Plan amendment and re- zoning application of Horizon Management Limited with respect to the affected portions of 91 -914 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Poplar Street, Walnut Street, Eastmount Crescent, Amherst Street, Windsor Street, Woodland Street, Elmwood Avenue, Ashland Avenue and a portion of Rockwood Avenue. Question being taken, the motion was carried. 6.14 Autorisation relative a la demande de modification du plan municipal et du zonage en vue de la fermeture et du barrage des rues Poplar, Walnut, Amherst, Windsor et Woodland, du croissant Eastmount, des avenues Elmwood et Ashland ainsi que d'un trongon de I'avenue Rockwood Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general : 1. le conseil communal charge le greffier communal de publier un avis relatif a ('intention du conseil voulant que soft etudiee I'adoption d'un arrete visant a fermer et a barren les rues Poplar, Walnut, Amherst, Windsor, Woodland, le croissant Eastmount et les avenues Elmwood, Ashland et un trongon de ('avenue Rockwood, dune superficie approximative de 3 447 metres carres, comme le montre de maniere generale le plan presente; 2. le conseil communal autorise la demande de modification du plan municipal et du zonage presentee par 1'entreprise Horizon Management Limited, relativement aux trongons touches des rues Poplar, Walnut, Amherst, Windsor, Woodland, du croissant Eastmount et des avenues Elmwood, Ashland et un trongon de I'avenue Rockwood. A ('issue du vote, la proposition est adoptee. 6.15 Community Cruise Planning On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that the item, Community Cruise Planning, tabled at the December 5, 2005 meeting, be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor White RESOLVED that as recommended by the City Manager, the report outlining the cruise market planning and co- ordination in Saint John, be received for information. Question being taken, the motion was carried. 6.15 Planification des activites liees aux croisieres Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que le point relatif aux activites liees aux croisieres, reporte lots de la reunion du 5 decembre 2005, soit examine des maintenant. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Chase Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le rapport relatif aux activites de planification et d'organisation visant le marche de la croisiere dans Saint John, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 91 -915 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 6.16 Sale of 70 -72 Queen Street On motion of Councillor Court Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, 1. The City of Saint John sell 70 -72 Queen Street (PID Numbers 3376 and 3384) to the South City Housing Co- operative for $8,800. (plus HST, if applicable) on or before March 31, 2006; and that the Mayor and Common Clerk be authorized to sign any necessary documents required to finalized this transaction, and 2. The City owned playground equipment contained on the subject property be removed on or before the property is to be transferred to South City Housing Co- operative. Question being taken, the motion was carried. 6.16 Vente du bien -fonds situe au 70 -72, rue Queen Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general : 1. The City of Saint John procede a la vente du bien -fonds situe au 70 -72, rue Queen (NID 3376 et 3384) a South City Housing Co- operative, pour la somme de 8 800 $ (TVH en sus, le cas echeant) au plus tard le 31 mars 2006; que le maire et le greffier communal soient autorises a signer toute documentation exigee afin de conclure ladite transaction; 2. la Ville retire son materiel de terrains de jeux situe sur ledit bien -fonds avant la date de cession du bien -fonds a South City Housing Co- operative. A Tissue du vote, la proposition est adoptee. 7,1 Section 39 Conditions and Enforcement See item 6.1. 7.1 Conditions imposees par I'article 39 et execution Voir le point numero 6.1. 8.1 Zoning By -law Amendment - 3rd Reading On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110, The Zoning By -law of The City of Saint John" in both official languages, including new zoning maps and updated references to current legislation, and including specific changes outlined in the proposed by -law, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110, The Zoning By- law of The City of Saint John ". 8.1 Troisieme lecture de la modification relative a I'arrete sur le zonage Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no C.P. 110, I'arrete sur le zonage de The City of Saint John » dans les deux langues off icielles, y compris de nouvelles cartes de zonage et des mises a jour de renvois relatifs a la legislation en vigueur, et comprenant des modifications precises soulignees clans le 91 -916 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 projet d'arnR6, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete n° C.P. 110, I'arrete sur le zonage de The City of Saint John ». 8.2 Subdivision By -law - 3rd Reading On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 121, A By -law to Regulate the Subdivision of Land within the City of Saint John" in both official languages, including minor wording changes that reflect modern - day references to current legislation as outlined in the submitted by -law, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 121, A By -law to Regulate the Subdivision of Land within the City of Saint John ". 8.2 Troisieme lecture de I'arrete concernant le lotissement Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete n° C.P. 121, un arrete visant a reglementer le lotissement des terrains dans The City of Saint John » redige dans les deux langues officielles, y compris des modifications mineures au libelle, refletant des mises a jour de renvois relatifs a la legislation en vigueur comme le decrit I'arrete presente, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete n° C.P. 121, un arrete visant a reglementer le lotissement des terrains dans The City of Saint John ». 8.3 Uptown Saint John - 2006 Budget 8.3(a) Business Improvement Levy By -law The Common Clerk advised that the necessary advertising is complete with regard to the Business Improvement Area Levy; that there were no objections received, and that the amount of $0.16 per $100. of assessment for 2006 is the same as last year. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that as requested by the Board of Directors of Uptown Saint John Inc., Common Council approve the submitted 2006 budget for the Business Improvement Area as follows: REVENUE Business Improvement Area Levy $233,650 Employment Grants 4,500 Bad Debts Recovered 2,000 Environmental Trust Fund Grant 20,000 Capital Interest Urban Development 15,000 Festivals and Events 69,500 Co- operative Marketing Campaigns 38,500 Miscellaneous Revenue 1,000 Total Revenue $384,150 EXPENDITURES Waterfront Development Urban Design and Planning Marketing Festivals and Events Uptown Development Communications Program Delivery Annual Meeting and Awards Operations Non - Recoverable Total Expenditures 91 -917 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 $ 15,000 20,000 49,500 61,400 10,000 5,300 8,200 5,000 206,750 3,000 $384,150 The proposed levy to be imposed on non - residential property within the designated business improvement area is 16 cents per $100.00 of assessment for 2006. Pursuant to the Business Improvement Areas Act the said proposed budget shall not be approved if objections in writing are filed with the undersigned not later than December 14, 2005 jointly or independently by one -third or more of all non - residential users or by non - residential users who would together be liable to pay one -third or more of the amount to be raised by a levy. Question being taken, the motion was carried. On motion of Councillor White Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ", be read a first time. Question being taken, the motion was carried. Read a first time the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ". On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number BIA - 2, A Law To Amend The Business Improvement Levy By -law ", be read a second time. Question being taken, the motion was carried. Read a second time the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ". 8.3 Presentation du budget de 2006 de Uptown Saint John 8.3a) Arrete sur la taxe d'amelioration des affaires Le greffier communal indique que les avis requis ont ete publies relativement a la taxe d'amelioration des affaires; qu'aucune objection n'a ete soulevee et que le montant de 0,16 $ par tranche de 100 $ d'evaluation pour 2006 demeure le meme que I'an passe. Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU qu'en vertu de la demande du conseil d'administration de Uptown Saint John Inc., le conseil communal approuve le budget de 2006 relatif a la zone d'amelioration des affaires, comme suit: RECETTES Taxe sur la zone d'amelioration des affaires 233 650 $ Subventions a 1'emploi 4 500 Recouvrement de mauvaises creances 2000 Subventions du fonds en fiducie pour 1'environnement 20 000 91 -918 COMMON COUNCILICONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Droit au capital - Amenagement urbain 15 000 Festivals et evenements 69 500 Campagnes de mercatique 20 000 symbiotique 38 500 Recettes diverses 1 000 Recettes totales 384 150 $ DEPENSES Amenagement portuaire 15 000 $ Planification et amenagement urbain 20 000 Marketing 49 500 Festivals et evenements 61 400 Amenagement du centre -ville 10 000 Communications 5 300 Realisation de programmes 8200 Assemblee annuelle et prix 5 000 Immobilisations 206 750 Depenses non recouvrables 3 000 Depenses totales 384150$ La taxe prevue sur les biens -fonds non residentiels situes dans la zone d'amelioration des affaires designee sera de 0,16 $ par tranche de 100 $ d'evaluation pour I'an 2006. En vertu de la Loi sur les zones d'amelioration des affaires, le budget prevu ne doit pas titre approuve si des objections par ecrit sont deposees au soussigne au plus tard le 14 d6cembre 2005, conjointement ou independamment, par un tiers ou plus de tous les utilisateurs non residentiels ou par un groupe d'utilisateurs non residentiels qui seraient responsables de payer un tiers ou plus du montant a prelever au moyen dune taxe. A Tissue du vote, la proposition est adoptee. Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no BIA -2, modifiant 1'arrete concernant la taxe d'amelioration des affaires» fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture de I'arrete intitule «Arrete no BIA -2, modifiant 1'arrete concemant la taxe d'amelioration des affaires » . Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule «Arrete no BIA -2, modifiant 1'arrete concernant la taxe d'amelioration des affaires » fasse ('objet dune deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture de 1'arrete intitule «Arrete no BA-2, modifiant I'arrete concernant la taxe d'amelioration des affaires » . 8.4 Street Closing - Millidge Avenue - 3rd Reading On motion of Councillor White Seconded by Councillor Court RESOLVED that the by -law entitled, "A By -law To Amend A By -law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John ", with regard to stopping up and closing a portion of Millidge Avenue, be read. Question being taken, the motion was carried. 91 -919 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 The by -law entitled, "A By -law To Amend A By -law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John" was read in its entirety. On motion of Councillor White Seconded by Councillor Court RESOLVED that the by -law entitled, "A By -law To Amend A By -law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John ", with regard to stopping up and closing a portion of Millidge Avenue, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A By -law To Amend A By -law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John ". 8.4 Troisieme lecture de I'arrete concernant la fermeture de I'avenue Millidge Proposition du conseiller White Appuyee par le conseiller Court RESOLU que I'arrete intitule «Arrete modifiant I'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a fermeture d'un trongon de I'avenue Millidge, fasse I'objet dune lecture. A I'issue du vote, la proposition est adoptee. Uarrete intitule « Arrete modifiant I'arrete concernant la fermeture et le barrage de routes dans The City of Saint John » est lu integralement. Proposition du conseiller White Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete modifiant I'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a la fermeture et au barrage d'un trongon de I'avenue Millidge, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete concernant la fermeture et le barrage de routes dans The City of Saint John ». 8.5 Translated By -laws (a) Traffic By -law On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number MV -10, A By -law Respecting the Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act 1973 and Amendments Thereto ", related to translation, be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "By -law Number MV -10, A By -law Respecting the Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act 1973 and Amendments Thereto ". On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that the by -law entitled, "By -law Number MV -10, A By -law Respecting the Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act 1973 and Amendments Thereto ", related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. 91 -920 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Read a third time by title the by -law entitled, "By -law Number MV -10, A By -law Respecting the Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act 1973 and Amendments Thereto ". (b) Development Scheme By -law On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number CP -12, Development Scheme By -law", related to translation, be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "By -law Number CP -12, Development Scheme By -law". On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number CP -12, Development Scheme By -law", related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number CP -12, Development Scheme By -law ". (c) Street Closing By -law On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number M -23, A By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John Made under the Authority of Section 186A of the Municipalities Act 1966 and Amendments thereto ", related to translation, be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "By -law Number M -23, A By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John Made under the Authority of Section 186A of the Municipalities Act 1966 and Amendments thereto ". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number M -23, A By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John Made under the Authority of Section 186A of the Municipalities Act 1966 and Amendments thereto ", related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number M -23, A By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John Made under the Authority of Section 186A of the Municipalities Act 1966 and Amendments thereto ". (d) Plumbing By -law On motion of Councillor White Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number PI -1, A By -law Respecting the Plumbing Trade and Master Plumbers ", related to translation, be read a second time. Question being taken, the motion was carried. 91 -921 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Read a second time by title the by -law entitled, "By -law Number PI -1, A By -law Respecting the Plumbing Trade and Master Plumbers ". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number PI -1, A By -law Respecting the Plumbing Trade and Master Plumbers ", related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number PI -1, A By -law Respecting the Plumbing Trade and Master Plumbers ". (e) Solid Waste By -law On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number M -2, A By -law for the Storage, Collection and Disposal of Solid Waste in The City of Saint John ", related to translation, be read a second time, Question being taken, the motion was carried. Read a second time by title the by -law entitled, "By -law Number M -2, A By -law for the Storage, Collection and Disposal of Solid Waste in The City of Saint John ". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number M -2, A By -law for the Storage, Collection and Disposal of Solid Waste in The City of Saint John ", related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number M -2, A By -law for the Storage, Collection and Disposal of Solid Waste in The City of Saint John ". (f) Fireworks By -law On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C -5, A law for the Sale of Fireworks in The City of Saint John ", related to translation, be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "By -law Number C -5, A law for the Sale of Fireworks in The City of Saint John ". On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C -5, A law for the Sale of Fireworks in The City of Saint John ", related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number C -5, A law for the Sale of Fireworks in The City of Saint John ". 91 -922 COMMON COUNCILICONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 8.5 Arretes municipaux bilingues a) Arrete concernant la circulation Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule «Arrete no MV -10 concernant la circulation dans les rues de The City of Saint John, edicte en vertu de la Lai surles vehicules a moteur (1973) et modifications afferentes », relativement A la traduction, fasse l'objet dune deuxieme lecture, A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete no MV -10 concernant la circulation clans les rues de The City of Saint John, edicte en vertu de la Lai surles vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Court Appuyee par le conseiller Ferguson RESOLU que I'arrete intitule «Arrete no MV -10 concernant la circulation dans les rues de The City of Saint John, edicte en vertu de la Lai surles vehicules a moteur (1973) et modifications afferentes », relativement A la traduction, fasse I'objet dune troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no MV -10 concernant la circulation dans les rues de The City of Saint John, edicte en vertu de la Lai surles vehicules a moteur (1973) et modifications afferentes ». b) Arrete relatif au projet d'amenagement municipal Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule «Arrete no CP -12 relatif au projet d'amenagement municipal », relativement a la traduction, fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule «Arrete no CP -12 relatif au projet d'amenagement municipal ». Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule << Arrete no CP -12 relatif au projet d'amenagement municipal », relativement a la traduction, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no CP -12 relatif au projet d'amenagement municipal ». C) Arrete concernant la fermeture de routes Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule «Arrete no M -23 concernant la fermeture et le barrage de routes dans The City of Saint John, edicte en vertu de Particle 186A de la Lai surles municipalites (1966) et modifications afferentes» relativement a la traduction, fasse I'objet dune deuxieme lecture. A Tissue du vote, la proposition est adoptee. 91 -923 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 Deuxieme lecture par titre de I'arrete intitule « Arrete no M -23 concernant la fermeture et le barrage de routes dans The City of Saint John, edicte en vertu de I'article 186A de la Loi sur les municipalites (1966) et modifications afferentes» . Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrbte intitule «Arrete no M -23 concernant la fermeture et le barrage de routes dans The City of Saint John, edicte en vertu de I'article 186A de la Loi sur les municipalites (1966) et modifications afferentes >>, relativement a la traduction, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no M -23 concernant la fermeture et le barrage de routes dans The City of Saint John, edicte en vertu de I'article 186A de la Loi surles municipalites (1966) et modifications afferentes» . d) Arrete sur la plomberie Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no PI -1 relatif au metier de plombier et aux maitres- plombiers » relativement a la traduction, fasse ('objet dune deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete no PI -1, relatif au metier de plombier et aux maitres - plombiers >>. Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no PI -1 relatif au metier de plombier et aux maitres - plombiers » relativement a la traduction, fasse l'objet d'une troisieme lecture, que ledit arret(§ soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no PI -1, relatif au metier de plombier et aux maitres- plombiers >>, e) Arrete sur les matieres usees solides Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete no M -2, visant 1'entreposage, la collecte et I'elimination des matieres usees solides dans The City of Saint John », relativement a la traduction, fasse ('objet dune deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete no M -2, visant 1'entreposage, la collecte et I'Mimination des matieres usees solides dans The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete no M -2, visant 1'entreposage, la collecte et I'elimination des dechets solides dans The City of Saint John », relativement a la traduction, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no M -2, visant 1'entreposage, la collecte et I'Mimination des matieres usees solides dans The City of Saint John ». 91 -924 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 f) Arrete concernant les feux d'artifice Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C -5, concernant la vente de feux d'artifice dans The City of Saint John », relativement a la traduction, fasse I'objet dune deuxibme lecture, A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete no C -5 concernant la vente de feux d'artifice clans The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule «Arrete no C -5, concernant la vente de feux d'artifice dans The City of Saint John », relativement a la traduction, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no C -5 concernant la vente de feux d'artifice dans The City of Saint John ». 8.6 Translated By -laws - First Readings (a) Preservation Review By -law On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number HP -1 Saint John Preservation Areas By -law" related to translation, be read a first time. Question being taken, the motion was carried. Read a first time by title the by -law entitled, "By -law Number HP -1 Saint John Preservation Areas By- lave'. (b) Municipal Plan By -law On motion of Councillor White Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number CP -105, Municipal Plan By -law" related to translation, be read a first time. Question being taken, the motion was carried. Read a first time by title the by -law entitled, "By -law Number CP -105, Municipal Plan By- law". 8.6 Premieres lectures des arretes traduits : a) Arrete concernant la sauvegarde du patrimoine Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule «Arrete no HP -1 concernant la sauvegarde du patrimoine de The City of Saint John », relativement a la traduction, fasse l'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete no HP -1 concernant la sauvegarde du patrimoine de The City of Saint John ». 91 -925 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 b) Arrete concernant le plan d'amenagement municipal Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que 1'arrete intitule «Arrete n° CP -105 relatif au plan d'amenagement municipal >>, relativement a la traduction, fasse l'objet d'une premiere lecture, A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule «Arrete n° CP -105 relatif au plan d'amenagement municipal » . 9.1 Industrial Park Capital Project 2005 - Alloy Drive Extension On motion of Councillor Court Seconded by Councillor White RESOLVED that The City of Saint John transfer $145,918.30 (plus HST if applicable) from the 2005 Industrial Park Capital Budget to Saint John Industrial Parks Ltd. to finalize the cost sharing of Alloy Drive Extension. Question being taken, the motion was carried. 9.1 Projet d'immobilisations de 2005 relatif au pare industriel visant le prolongement de la promenade Alloy Proposition du conseiller Court Appuyee par le conseiller White RESOLU que The City of Saint John transfere la somme de 145 918,30 $ (TVH en sus, le cas echeant) du budget d'immobilisations de 2005 relatif au pare industriel a 1'entreprise Saint John Industrial Parks Ltd., afin de conclure 1'entente de partage des couts relative au prolongement de la promenade Alloy. A I'issue du vote, la proposition est adoptee. 9.2 Committee of the Whole Report The Deputy Mayor reported from the Committee of the Whole meeting of December 17, 2005 regarding the Committee's recommendation that Council engage Momeau Sobeco to advise on proposed next steps to be taken on the issue of the Pension Plan, Councillor Ferguson commented on newspaper articles regarding long term disabilities approved under the City's Pension Plan. (Councillors Tait and Titus withdrew from the meeting at the beginning of Councillor Ferguson remarks.) On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that a third party specialist be engaged to thoroughly review the treatment of The City of Saint John's Pension Plan disability claims. The City Manager and the Commissioner of Finance assured Council that the Pension Board has engaged independent third party expertise to analyze and make recommendations on the issue of disability claims. The Common Clerk suggested that Council consider hearing from the Pension Board. Question being taken, the motion was defeated, with Deputy Mayor Hooton, Councillors White, Chase, Chang and McGuire voting 'nay'. On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the City Manager provide formal and complete information on the last major employee buy -outs and their effect on the 91 -926 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 liability of the Pension Plan, the operational budget and the water utility budget including the conditions at the time of the buy -outs and the reasons and the amounts awarded. Question being taken, the motion was carried with Councillors McGuire and White voting 'nay'. On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that Council request the Mayor, with the assistance of the City Manager and /or Commissioner of Finance, engage the Actuary, Momeau Sobeco, to prepare an independent professional report complete with recommendations as to the steps Council must take to: a) ensure that its actions are consistent with the legislative requirements b) minimize the effects of the Going Concern Deficit on the taxpayers of this community c) should there be a conflict between (a) and (b) to propose any necessary changes to plan d) propose changes to the Plan that will reduce or possibly eliminate the risks of future deficiencies in the Plan being borne by the taxpayers of this Community, and that they provide advice, regarding the proposal made by the Province and referenced in the City Manager's report, Pension Deficit/2006 Operating Budget (A Second Draft), dated December 16, 2005. Councillor Court proposed a motion which was not seconded, that the engagement of the Acturary as described in the motion above be tabled until Council hears from the Pension Board. Question being taken, the motion was carried, with Councillors Court, Farren and Ferguson voting 'nay'. On motion of Councillor Chase Seconded by Councillor McGuire RESOLVED that Council request assistance from the province if possible to borrow $12.3 million to fund the shortfall in the Pension Plan for the years 2004, 2005, and 2006, and if not with the help of the province, then borrow on its own, with the repayments being part of the operating budget. Question being taken, the motion was carried with Councillor Ferguson voting `nay'. 9.2 Rapport du comite plenier Le maire suppleant fait le compte rendu de la reunion du Comite plenier tenue le 17 decembre 2005 relativement a la recommendation formulee par le comite voulant que le Conseil engage les services de Morneau Sobeco afin de I'aviser des prochaines demarches qui devraient titre entreprises sur la question du regime de retraite. Le conseiller Ferguson mentionne des articles de presse relatifs a des cas d'invalidite a long terme autorises en vertu du regime de retraite de la Ville. (Les conseillers Tait et Titus quittent la reunion lorsque le conseiller Ferguson amorce ses commentaires,) Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU qu'un tiers expert soit retenu pour effectuer une verification approfondie du traitement des reclamations d'invalidite deposees a 1'encontre du regime de retraite de The City of Saint John. Le directeur general et le commissaire aux finances assurent le conseil que ledit conseil d'administration du regime de retraite a retenu Ies services d'un tiers expert independent afin d'analyser et de formuler ses recommendations sur la question des reclamations d'invalidite. Le greffier communal suggere que le conseil communal consulte (edit conseil d'administration du regime de retraite. 91 -927 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 A ('issue du vote, la proposition est rejetee. Le maire suppleant Hooton et les conseillers White, Chase, Chang et McGuire votent contre. Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que le directeur general presente formellement des renseignements detailles relatifs aux dernieres indemnites importantes pour depart volontaire versees aux employes et les incidences de ces derrieres sur les obligations en vertu du regime de retraite, du budget d'immobilisations et du budget du reseau d'aqueduc, y compris les modalites en vigueur au moment du versement des indemnites, les justifications et les montants verses. A ('issue du vote, la proposition est adoptee. Les conseillers McGuire et White votent contre. Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que le conseil demande au maire, assiste du directeur general ou du Commissaire aux finances, de retenir les services des actuaires Morneau Sobeco, pour rediger un rapport professionnel independant comprenant des recommendations relatives aux demarches que doit entreprendre le conseil pour realiser ce qui suit : a) s'assurer que ses actes sont conformes aux exigences Iegislatives; b) minimiser les effets d'un deficit chronique impute aux contribuables de cette collectivite; c) dans le cas d'un conflit entre les points a) et b) susmentionnes, proposer toute modifications necessaire au regime; d) proposer des modifications au regime visant a reduire ou a eliminer les risques et les carences assumes par les contribuables de cette collectivite, relativement au regime; prodiguer des conseils relatifs a la proposition presentee par la Province, telle qu'elle est mentionnee dans le rapport du directeur general intitule Deficit du regime relatif au budget d'exploitation de 2006 (ebauche n° 2), date du 16 decembre 2005. Le conseiller Court propose une motion, qui nest pas appuyee, voulant que 1'embauche des actuaires, tel qu'il est decrit dans la motion susmentionnee, soit reporte pour permettre au conseil de consulter le conseil d'administration du regime de retraite. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Farren et Ferguson votent contre. Proposition du conseiller Chase Appuyee par le conseiller McGuire RESOLU que le conseil demande I'aide de la Province, si possible, en vue d'emprunter la somme de 12,3 millions de dollars afin de subventionner le deficit du regime de retraite pour les annees 2004, 2005 et 2006 et, si ce n'est pas possible, avec I'aide de la Province, que le conseil 1'emprunte directement, et que les remboursements soient inclus au budget d'exploitation. A ('issue du vote, la proposition est adoptee. Le conseiller Ferguson vote contre. 10.1 Letter of Thanks from Saint John Board of Trade Regarding Secondary Road for Red Head On motion of Councillor Court Seconded by Councillor White RESOLVED that the letter from the Saint John Board of Trade commending Council for its decision to build a secondary road to Red Head, be received for information. Question being taken, the motion was carried. 91 -928 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 10.1 Lettre de remerciements de la chambre de commerce de Saint John concernant la voie d'acces secondaire Red Head Proposition du conseiller Court Appuyee par le conseiller White RESOLU que la lettre repue de la chambre de commerce de Saint John felicitant le conseil de la decision prise relative a la construction d'une voie secondaire en direction de la region de Red Head, soit acceptee A titre informatif. A Tissue du vote, la proposition est adoptee. 10.2 Letter from Citizens Objecting to Proposed Pipeline Through Rockwood Park On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the letters from citizens objecting to the proposed pipeline through Rockwood Park, be received for information. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Chase Whereas the New Brunswick Provincial Government and Premier Lord have stated that they respect the will of duly elected municipal governments; and whereas the Mayor and Council of The City of Saint John have expressed their opposition to a natural gas pipeline through Rockwood Park and have stated moreover, that they prefer a route under the Bay of Fundy from the LNG plant to the area of the Spruce Lake Industrial Park; therefore be it resolved that Council call upon the Provincial Government and request that they too express their opposition to the pipeline route through the Park directly to the National Energy Board expressing their support instead for the underwater route. Question being taken, the motion was carried. 10.2 Lettre repue des citoyens s'opposant A ('installation d'un pipeline au travers du parc Rockwood Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que la lettre repue des citoyens, s'opposant a ('installation d'un pipeline au travers du parc Rockwood, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Chase Attendu que le gouvernement provincial du Nouveau - Brunswick et le premier ministre Lord ont affirme qu'ils respectent la volonte des gouvernement municipaux dement elus; et attendu que le maire et le conseil de The City of Saint John ont exprime leur opposition a ('installation d'un pipeline de gaz nature) au travers du parc Rockwood et ont affirme, en outre, qu'ils preferent une vole souterraine clans la Baie de Fundy provenant du terminal de gaz naturel liquefie jusqu'a 1'emplacement du parc industriel Spruce Lake; par consequent, qu'il soit resolu que le conseil fasse appel au gouvernement provincial pour que ce dernier exprime egalement son opposition au trace du pipeline au travers du parc, directement a I'Office national de 1'energie, et qu'il exprime plutot son appui au trace souterrain. A ('issue du vote, la proposition est adoptee. 91 -929 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 10.3 Preserve Bald Hill Concerned Citizens Group Regarding Blasting On motion of Councillor White Seconded by Councillor Ferguson RESOLVED that the letter from Preserve Bald Hill Concerned Citizens Group regarding blasting at Bald Hill, be referred to the City Manager. Question being taken, the motion was carried. 10.3 Groupe de citoyens preoccupes par la preservation de Bald Hill concernant le dynamitage Proposition du conseiller White Appuyee par le conseiller Ferguson RESOLU que la lettre regue du groupe de citoyens preoccupes par la preservation de Bald Hill, concernant les travaux de dynamitage sur Bald Hill, soit transmise au directeur general. A Tissue du vote, la proposition est adoptee. 10.4 Jazz and Blues Festival (Salty Jam) On motion of Councillor White Seconded by Councillor Farren RESOLVED that the patron support proposal from Chris Murdoch, representing Salty Jam, Saint John's Festival of Music be referred to the City Manager. Question being taken, the motion was carried. 10.4 Festival de jazz et de blues (Salty Jam) Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que la proposition relative au patronage presentee par Chris Murdoch, au nom de Salty Jam, le festival de musique de Saint John, soit transmise au directeur general. A Tissue du vote, la proposition est adoptee. 10.5 Letters from South End Citizens Regarding Blue Bins On motion of Councillor White Seconded by Councillor Farren RESOLVED that the letters from South End citizens regarding the location of the blue bins, be received for information. Question being taken, the motion was carried. 10.5 Lettres regues des citoyens du quartier sud concernant les bacs bleus Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que les lettres reques des citoyens du quartier sud concernant 1'emplacement des bacs bleus, soient acceptees a titre informatif. A Tissue du vote, la proposition est adoptee. 10.6 Letter from Salvation Army Thanking Firefighters On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the letter from Louisa Burton, Social Services Ministries Coordinator for the Salvation Army thanking the men and 91 -930 COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 19, 2005 /Le 19 DECEMBRE 2005 women of the Saint John Fire Department for manning the Christmas kettles the last Saturday in December, be received for information. Question being taken, the motion was carried. 10.6 Lettre provenant de I'Armee du Salut dans laquelle on remercie les pompiers Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que la lettre repue de Louisa Burton, coordonnatrice des ministeres de services sociaux de I'Armee du Salut, clans laquelle elle remercie les hommes et les femmes du service d'incendie de Saint John d'avoir fait tinter la marmite le demier samedi du mois de decembre, soit acceptee a titre informatif. Adjournment A Tissue du vote, la proposition est adoptee. The Deputy Mayor declared the meeting adjourned at 10:00 p.m. Cloture de la reunion Le maire suppleant declare que la seance est levee a 22 h. Common Clerk/greff ier communal 92 -1 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 3, 2006 — 5:00 p.m. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Acting Treasurer and Deputy City Manager of Programs and Priorities; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; R. Simonds, Fire Chief; A. Bodechon, Chief of Police; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 3 JANVIER 2006 A 17 H Sont presents Norman McFarlane, maire le maire suppl6ant Hooton et les conseillers Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; A. Beckett, trbsorier par interim et directeur g6n6ral adjoint, programmes et priorit6s, P. Groody, commissaire aux op6rations municipales; J. Baird, commissaire a I'urbanisme et au d6veloppement; W. Edwards, commissaire aux services d'inspection et des batiments; R. Simonds, chef du service d'incendie; A. Bodechon, chef de police; P. Woods, greffier communal et directeur g6n6ral adjoint; ainsi que E. Gormley, greffi6re communale adjointe. 1.1 Meeting Called To Order — Prayer Mayor McFarlane called the meeting to order with Pastor Eric Phinney offering the opening prayer, 1.1 Ouverture de la seance et pri6re La seance est ouverte par le maire McFarlane, accompagne du pasteur Eric Phinney qui r6cite la priere d'ouverture. 1.2 Approval of Agenda On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the agenda of this meeting be approved with the addition of information pertaining to item 6.2 — 6,5, and 6,6 being withdrawn. Question being taken, the motion was carried. 1.2 Adoption de I'ordre du jour Proposition du conseiller Farren Appuy6e par le maire suppleant Hooton RESOLU que I'ordre du jour de la pr6sente reunion soit approuv6, moyennant I'ajout des renseignements relatifs aux points no' 6.2 a 6.5 et le retrait du point no 6.6. 92 -2 COMMON COUNCILICONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 A Tissue du vote, la proposition est adoptee. 1.3 Members' Comments There were no comments from members. 1.3 Commentaires presentes par les membres Les membres n'ont presente aucun commentaire. 3.1 Public Presentation - Municipal Plan Amendment - 336 Westmorland Road Public presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan a 21 hectare parcel of land, located at 336 Westmorland Road, from Low Density Residential to Regional Centre to permit re- zoning from "R -2" One and Two Family Residential, "RS -2" One and Two Family Suburban Residential and un -zoned street areas to "SC" Shopping Centre as requested by Horizon Management Limited. (Councillor Titus withdrew from the meeting.) 3.1 Audience publique visant le projet de modification du plan municipal relatif au terrain situe au 336, chemin Westmorland Une presentation publique a eu lieu relativement a la modification proposee du plan municipal, en vue de modifier la classification a I'annexe 2 -A du plan, d'une parcelle de terrain d'une superficie de 21 hectares, situee au 336, chemin Westmorland, afin de la faire passer de zone residentielle a faible densite a zone de centre regional, pour permettre la modification du zonage de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle de banlieue — habitations unifamiliales et bifamiliales a RS -2 » et les rues non integrees au zonage a zone de centre commercial a SC », a la demande de 1'entreprise Horizon Management Limited. (Le conseiller Titus quitte la reunion.) 5.1 Pension Plan Shortfall On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that before the City borrows any money to fund The City of Saint John pension plan shortfall, the City Manager be directed to investigate and bring back to Council all information connected to the borrowing, interest rate, repayment schedule, the rights to any surplus and any legislative changes that need to be made or amended in order for City to be able to borrow the needed funds for the current pension shortfall from the Pension Board itself, and further that Council be advised on the benefits and difference of borrowing the money and investing it ourselves or turning the total sum of borrowed money over to the Pension Board. The City Manager commented that he would not advise borrowing from the Pension Fund to fund the deficit, and explained that the Pension Board could invest in debentures which could be issued by the City at a certain interest rate. He added that the Pension Board would have to decide whether that would be a venture in which they would invest. Councillor Tait raised a point of order stating that opportunity for debate on this issue is not being provided with which the Mayor agreed, and proceeded to open discussion to all members. Mr. Beckett commented that he believed it would be contrary to the investment goals of the Pension Board to invest in ventures at a rate which is not in the best interest of the Pension Fund. During discussion on the issue of obligation bonds, the Mayor ruled that the discussion was out of order as the topic had been dealt in a report from the City Manager and voted on at the last meeting of Council. Question being taken, the motion was defeated, with the Mayor, Deputy Mayor and Councillors Chase, McGuire, Tait, and White voting `nay'. 92 -3 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 /LE 3 JANVIER 2006 On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that the Pink Breen Larkin Law Firm Report on The City of Saint John Pension Plan dated December 8, 2003 be submitted as an item for discussion at the next open session of Council. Question being taken, the motion was defeated, with the Mayor, Deputy Mayor and Councillors Chase, McGuire, Tait, and White voting 'nay'. (Councillor Titus re- entered the meeting.) 5.1 Regime de retraite deficitaire Proposition du conseiller Farren Appuyee par le conseiller Ferguson RLSOLU qu'avant que la Ville emprunte des fonds pour combler le deficit du regime de retraite de The City of Saint John, le directeur general soit charge d'etudier la question et de presenter au conseil tous les renseignements relatifs a 1'emprunt, aux taux d'interet, au calendrier de remboursement, aux droits relatifs a tout excedent et toute modification legislative exigee, afin que la Ville puisse emprunter les fonds necessaires pour combler le deficit du regime de retraite directement du conseil d'administration du regime de retraite et, de plus, que le conseil soit avise des benefices prevus ainsi que des divergences entre les sommes empruntees et investies directement par le conseil et les sommes empruntees remises en totalite au conseil d'administration du regime. Le directeur general mentionne qu'il ne conseille pas d'emprunter de la caisse de retraite pour combler le deficit et explique que le conseil d'administration du regime de retraite pourrait investir au moyen de debentures emises par la Ville a un taux d'interet precise. II ajoute que le conseil d'administration du regime de retraite devra decider s'il desire s'aventurer clans un tel investissement. Le conseiller Tait, par voie de rappel aux procedures, affirme qu'un debat sur cette question n'est pas presente et le maire en convient et procede a inviter tous les membres a participer au debat. Monsieur Beckett indique qu'il est d'avis qu'il serait contraire aux objectifs d'investissement du conseil d'administration du regime de retraite d'investir clans un projet a un taux qui ne soit pas clans les meilleurs interets du regime de retraite. Au tours du debat sur la question des obligations, le maire juge que le debat est irrecevable puisque le sujet a ete traite dans un rapport presente par le directeur general et qu'il a ete soumis au vote au tours de la derniere reunion du conseil. A ('issue du vote, la proposition est rejetee. Le maire, le maire suppleant et les conseillers Chase, McGuire, Tait et White votent contre la proposition. Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que le rapport redige par le cabinet d'avocats Pink Breen Larkin relatif au regime de retraite de The City of Saint John, date du 8 decembre 2003, soit depose aux fins de debat a la prochaine reunion publique du conseil. A ('issue du vote, la proposition est rejetee. Le maire, le maire suppleant et les conseillers Chase, McGuire, Tait et White votent contre la proposition. (Le conseiller Titus est de nouveau present a la reunion.) 5.2 Need for Guide Rail at Moore Street On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor Ferguson expressing concern regarding the slope and severe drop on Moore Street and street safety concerns in that area, be referred to the City Manager. Question being taken, the motion was carried with Councillor Titus voting "nay ". 92-4 COMMON COUNCILICONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 5.2 Contre -rail exige sur la rue Moore Proposition du conseiller Ferguson Appuyee par le maire suppleant Hooton RESOLU que la lettre presentee par le conseiller Ferguson, dans laquelle it exprime ses inquietudes relatives a la pente et a la descente brusque situee sur la rue Moore et ses preoccupations en matiere de securite daps le quartier, soit transmise au directeur general. A ('issue du vote, la proposition est acceptee, le conseiller Titus ayant vote contre la proposition. 5.3 Request for Update on Blasting in the City Responding to a request from Councillor Court, Mr. Edwards gave an update on the regulations on blasting, advising that municipalities in New Brunswick have not adopted by -laws with respect to blasting. He further advised that blasting is a science with established guidelines, and does not damage properties if conducted properly, and that blasting done in Saint John is carried out within the guidelines. He added that the biggest problem is that proper notification and information is not given to neighbours. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the issue of blasting be referred to the City Manager, with input from the City Solicitor, for a report back to Council within a month, including information on regulations or laws on blasting for municipalities outside New Brunswick. Question being taken, the motion was carried. 5.3 Demande de mise a jour relative au dynamitage clans la Ville Suite a une demande presentee par le conseiller Court, M. Edwards donne une mise a jour relative aux reglements sur le dynamitage et affirme que les municipalites du Nouveau - Brunswick n'ont adopte aucun arrete relatif au dynamitage. II indique egalement que le dynamitage est une science qui comporte des directives etablies, que lorsque le dynamitage est execute adequatement, aucune propriete n'est endommagee et que le dynamitage dans Saint John est execute conformement auxdites directives. II ajoute qu'un probleme se presente lorsque les voisins ne sont pas avises en temps opportun et ne regoivent pas les renseignements adequats. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que la question relative au dynamitage soit soumise au directeur general et que I'avocat municipal soit prA d'ajouter ses commentaires, aux fins de presentation d'un compte rendu au Conseil dans un delai d'un mois, et que soit incluse de ('information relative aux reglements et aux lois visant le dynamitage dans les municipalites a 1'exterieur du Nouveau - Brunswick. A ('issue du vote, la proposition est adoptee. 6.1 Authority to Expend Funds - Municipality Act On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Whereas the 2006 budgets for 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: 92 -5 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 And be it further resolved that approval be given for the weekly payroll for civic employees; And be it 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. And be it further resolved that Mr. Andrew Beckett be appointed as Acting Treasurer and fulfill those responsibilities laid out in the Municipalities Act for the Treasurer, until such time as Council makes a permanent appointment of a Treasurer. Question being taken, the motion was carried. 6.1 Autorisation de depense de fonds en vertu de la Loi sur les municipalites Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general Attendu que les budgets de The City of Saint John pour I'annee 2006 n'ont pas ete approuves; Attendu que certaines affaires quotidiennes dependent de I'approbation generale du budget; En consequence, it est resolu que le directeur general soit autorise a approuves les acquisitions d'une valeur maximale de 25 000 $ lorsqu'une telle disposition existe normalement dans le budget non approuve; II est de plus resolu que I'allocation de salaires hebdomadaires des employes municipaux soit approuvee; Et qu'il soit de plus resolu que le tresorier soit autorise a verser des fonds relativement aux depenses prevues en vertu d'engagements contractuels anterieurs et aux commissions et aux organisations qui, a son avis, assurent le fonctionnement quotidien economique et efficace continu de ces commissions et de ces organisations pendant cette periode, Et qu'il soit de plus resolu que M. Andrew Beckett soit nomme tresorier par interim afin d'assumer les responsabilites stipulees en vertu de la Loi surles municipalites jusqu'a ce que le conseil nomme un tresorier permanent, A I'issue du vote, la proposition est adoptee. 6.2 Bentley Street /Harbour Passage (Phase 3) - Land Acquisition - 260 Douglas Avenue & 3 -7 Bentley Street On motion of Councillor Ferguson Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, The City of Saint John accept from Alban Stuart Emery the gift of the fee simple interest in a portion of two parcels of land known as 260 Douglas Avenue and 3 -7 Bentley Street, totaling approximately 54 square metres (581 square feet) valued at $667.00, also identified as PID Numbers 368605 and 369082 as generally shown on the plan attached to the letter from the City Manager dated December 23, 2005 (M & C — 2006 -02). In acknowledgement, The City of Saint John will: a) prepare any plan of survey /subdivision required; b) pay to a maximum of $500.00 (H.S.T. inclusive), the legal fees required to finalize this transaction; c) where applicable, reinstate the subject property to the same condition as existed prior to construction, including the existing fence to be relocated or replaced and vehicular access to the attached shed shall be retained; and 92 -6 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 d) issue a municipal donation receipt for income tax purposes to Alban Stuart Emery for $667.00. Question being taken, the motion was carried. (Councillor Tait withdrew from the meeting.) 6.2 Rue Bentley et Passage du port (phase 3) visant I'acquisition de biens- fonds situes au 260, avenue Douglas et au 3 -7, rue Bentley Proposition du conseiller Ferguson Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John accepte le don offert par Alban Stuart Emery visant l'interet en fief simple d'une partie de deux parcelles de terrain situees au 260, avenue Douglas et au 3 -7, rue Bentley, d'une superficie approximative totale de 54 metres carres (581 pieds carres), eval uees a 667 $ et portant les N I D 368605 et 369082, comme le montre de maniere generale le plan joint a la Iettre presentee par le directeur general et datee du 23 decembre 2005 (n° M/C 2006 -02). En reconnaissance, The City of Saint John s'engage a) a dresser tout plan d'arpentage ou de lotissement exige; b) A acquitter les honoraires juridiques jusqu'A concurrence de 500 $ (TVH inclose) exiges afin de conclure ladite transaction; c) a retablir, le cas echeant, la propriete en question dans 1'etat ou elle etait avant la construction, y compris la cloture existante qui doit titre deplacee ou remplacee et l'acces vehiculaire A la remise attenante qui doit titre conservee; d) a delivrer un requ en reconnaissance d'un don offert a la municipalite aux fins d'impots a Alban Stuart Emery au montant de 667 $. A Tissue du vote, la proposition est adoptee. (Le conseiller Tait quitte la reunion.) 6.3 Bentley Street/Harbour Passage (Phase 3) - Land Acquisition - 55 Bentley Street On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, The City of Saint John accept from Joktana Enterprises Limited the gift of the fee simple interest in a 58 square metre ± (624 square foot) portion of PID Number 369108; and a 4.0 square metre ± (43 square foot) valued at $765.00 portion of PID Number 55172654, as generally shown on the plan attached to the letter from the City Manager dated December 23, 2005 (M & C — 2006 -01). In acknowledgement, The City of Saint John will: a) prepare any plan of survey /subdivision required; b) pay to a maximum of $500.00 (H.S.T. inclusive), the legal fees required to finalize this transaction; c) where applicable, reinstate the subject property to the same condition as existed prior to construction; d) issue a municipal donation receipt for income tax purposes to Joktana Enterprises Limited for $765.00. Question being taken, the motion was carried. 6.3 Rue Bentley et Passage du port (phase 3), visant I'acquisition de biens- fonds situes au 55, rue Bentley Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, The City of Saint John accepte le don offert par Joktana Enterprises Limited de I'interet en fief simple d'une parcelle de terrain d'une superficie approximative de 58 metres carres (624 pieds carres) portant le NID 369108, et une partie d'une parcelle d'une superficie approximative de 4 metres carres evaluee A 765 $ portant le 92 -7 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 NID 55172654, comme le montre de maniere generale le plan joint a la lettre presentee par le directeur general, datee du 23 decembre 2005 (n° M/C 2006 -01). En reconnaissance, The City of Saint John s'engage : a) a dresser tout plan d'arpentage ou de lotissement exige; b) a acquitter les honoraires juridiques jusqu'a concurrence de 500 $ (TVH incluse) exiges afin de conclure ladite transaction; c) a retablir, le cas echeant, la propriete en question dans 1'etat ou elle etait avant la construction; d) a delivrer un requ en reconnaissance d'un don offert a la municipalite aux fins d'impots a Joktana Enterprises Limited au montant de 765 $. A I'issue du vote, la proposition est adoptee. 6.4 Bentley Street /Harbour Passage (Phase 3) - Land Acquisition - 25 -35 Bentley Street On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, The City of Saint John accept from Electrical, Instrumentation & Communication Training Centre of New Brunswick Inc. the gift of the fee simple interest in a 118 square metre ± (1,270 square foot) valued at $1,456.00 portion of 25 -35 Bentley Street, also identified as PID Number 369090, as generally shown on the plan attached to the letter from the City Manager dated December 23, 2005 (M & C — 2006 -03). In acknowledgement, The City of Saint John will: a) prepare any plan of survey /subdivision required; b) pay to a maximum of $500.00 (H.S.T. inclusive), the legal fees required to finalize this transaction; c) where applicable, reinstate the subject property to the same condition as existed prior to construction; and d) issue a municipal donation receipt for income tax purposes to Electrical, Instrumentation & Communication Training Centre of New Brunswick Inc. for $1,456.00. Question being taken, the motion was carried. Councillor Tait re- entered the meeting.) 6.4 Rue Bentley et Passage du port (phase 3), visant I'acquisition de biens- fonds situes au 25 -35, rue Bentley Proposition du maire suppleant Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John accepte le don offert par Electrical, Instrumentation & Communication Training Centre of New Brunswick Inc., visant I'interet en fief simple d'une partie d'une parcelle de terrain dune superficie approximative de 118 metres carres (1 270 pieds carres) evaluee a 1 456 $, situee au 25 -35, rue Bentley, portant le NID 369090, comme le montre de maniere generale, le plan joint a la lettre presentee par le directeur general datee du 23 decembre 2005 (n° M/C 2006 -03). En reconnaissance, The City of Saint John s'engage a) a dresser tout plan d'arpentage ou de lotissement exige; b) a acquitter les honoraires juridiques jusqu'a concurrence de 500 $ (TVH incluse) exiges afin de conclure ladite transaction; C) a retablir, le cas echeant, la propriete en question dans 1'etat ou elle etait avant la construction; d) a delivrer un requ en reconnaissance d'un don offert a la municipalite aux fins d'impots a Electrical Instrumentation & Communication Training Centre of New Brunswick Inc. au montant de 1 456 $. A Tissue du vote, la proposition est adoptee. (Le conseiller Tait se joint de nouveau a la reunion.) 92 -8 COMMON COUNCILICONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 6.5 Bentley Street/Harbour Passage (Phase 3) - Land Acquisition Corner of Bentley St. & Chesley Dr. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, The City of Saint John accept from Bentley Properties Inc. the gift of the fee simple interest in a 46 square metre ± (495 square foot) valued at $568.00 portion of PID Number 55172688, located at the intersection of Bentley Street and Chesley Drive, as generally shown on the plan attached to the letter from the City Manager dated December 23, 2005 (M & C — 2006 -04). In acknowledgement, The City of Saint John will: a) prepare any plan of survey /subdivision required; b) pay to a maximum of $500.00 (H.S.T. inclusive), the legal fees required to finalize this transaction; C) where applicable, reinstate the subject property to the same condition as existed prior to construction; and d) issue a municipal donation receipt for income tax purposes to Bentley Properties Inc. for $568.00. Question being taken, the motion was carried. 6.5 Rue Bentley et Passage du port (phase 3), visant I'acquisition de biens- fonds situes au coin de la rue Bentley et de la promenade Chesley Proposition du maire suppleant Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, The City of Saint John accepte le don offert par Bentley Properties Inc., visant I'interet en fief simple d'une parcelle de terrain d'une superficie approximative de 46 metres carres (495 pieds carres) evaluee a 568 $ et faisant partie du NID 55172688, situee a l'intersection de la rue Bentley et de la promenade Chesley, comme le montre de maniere generale le plan joint a la lettre presentee par le directeur general datee du 23 decembre 2005 (n° M/C 2006 -04). En reconnaissance, The City of Saint John s'engage a) a dresser tout plan d'arpentage ou de lotissement exige; b) a acquitter les honoraires juridiques jusqu'a concurrence de 500 $ (TVH incluse) exiges afin de conclure ladite transaction; C) a retablir, le cas echeant, la propriete en question dans 1'etat ou elle etait avant la construction; d) a delivrer un requ en reconnaissance d'un don offert a la municipalite aux fins d'imp6ts a Bentley Properties Inc. au montant de 568 $. A I'issue du vote, la proposition est adoptee. 6.7 Mileage Allowance On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, in accordance with the City's Vehicle Policy Section 2.4 Common Council set the rate for reimbursement for civic officials and employees who are required to utilize their private vehicles for City business at 38 cents per kilometer. Question being taken, the motion was carried. 6.7 Indemnite de d6placement Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, conformement a I'article 2.4 de la politique municipale sur les vehicules, le conseil communal fixe le tarif de remboursement destine aux fonctionnaires et aux employes qui doivent utiliser leur vehicule personnel pour traiter des affaires municipales, a 38 cents le kilometre. 92 -9 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 /LE 3 JANVIER 2006 A Tissue du vote, la proposition est adoptee. 6.8 2002 Voluntary Separation Program (Organizational Review 2002) Consideration was given to a report from the City Manager, 2002 Voluntary Separation Program, and accompanying report entitled, Organizational Renewal Strategy of November 19, 2002. Councillor Ferguson requested further information as to the amounts awarded to each position to which the City Manager responded that if that did not infringe upon individuals' privacy rights, he would provide that information as soon as possible. 6.8 Programme de depart volontaire de 2002 (examen organisationnel 2002) Examen d'un rapport presente par le directeur general intitule Programme de depart volontaire de 2002, accompagne du rapport intitule « Strategie de renouvellement organisationnel date du 19 novembre 2002. Le conseiller Ferguson demande des renseignements supplementaires relatifs aux sommes versees visant chacun des postes et le directeur general repond qu'il fournirait ces renseignements des que possible a moins qu'ils ne violent les droits de la protection des renseignements personnels des personnes touchees. 8.1 Municipal Plan By -law — Second and Third Readings On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number CP -105, Municipal Plan By -law" related to translation, be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "By -law Number CP -105, Municipal Plan By -law ". On motion of Councillor White Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number CP -105, Municipal Plan By -law" related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number CP -105, Municipal Plan By -law ". 8.1 Deuxieme et troisieme lectures de I'Arrete relatif au plan municipal Proposition du conseiller White Appuyee par le maire suppleant Hooton RLSOLU que I'arrete intitule « Arrete no CP -105 relatif au plan municipal », relativement a la traduction, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule «Arrete no CP -105 relatif au plan municipal >>. Proposition du conseiller White Appuyee par le conseiller Court RLSOLU que I'arrete intitule «Arrete no CP -105 relatif au plan municipal o, relativement a la traduction, fasse ('objet d'une troisieme lecture, que ledit arnM6 soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. 92 -10 COMMON COUNCILICONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 Troisieme lecture par titre de 1'arrete intitule « Arrete no CP -105 relatif au plan municipal » . 8.2 Preservation Areas By -law — Second and Third Readings On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number HP -1 Saint John Preservation Areas By -law" related to translation, be read a second time. Question being taken, the motion was carried. Read a second time by title the by -law entitled, "By -law Number HP -1 Saint John Preservation Areas By -law ". On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number HP -1 Saint John Preservation Areas By -law" related to translation, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number HP -1 Saint John Preservation Areas By -law". 8.2 Deuxieme et troisieme lectures de I'Arrete concernant la sauvegarde du patrimoine Proposition du conseiller White Appuyee par le maire supplbant Hooton RESOLU que I'arrete intitule «Arrete no HP -1 concernant la sauvegarde du patrimoine de The City of Saint John >>, relativement a la traduction, fasse I'objet dune deuxibme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule «Arrete no HP -1 concernant la sauvegarde du patrimoine de The City of Saint John » . Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que 1'arrete intitule «Arrete no HP -1 concernant la sauvegarde du patrimoine de The City of Saint John >>, relativement a la traduction, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no HP -1 concernant la sauvegarde du patrimoine de The City of Saint John » . 8.3(a)(b) Proposed Municipal Plan and Zoning By -law Amendments — 555 McAllister Drive On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "By -Law Number C.P, 105 -1, A Law To Amend The Municipal Plan By -law " by re- designating on Schedule 2 -A of the Plan a parcel of land located on the corner of McAllister Drive and Mountain View Drive, 555 McAllister Drive, having an area of approximately 1.3 hectares, also identified as being PID Numbers 55116966 and 55147532 from Business Park to Service Corridor classification, be read. Question being taken, the motion was carried. 92 -11 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 The by -law entitled, "By -law Number C.P. 105 -1, A Law To Amend The Municipal Plan By -law " was read in its entirety. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 105 -1, A Law To Amend The Municipal Plan By -law " by re- designating on Schedule 2 -A of the Plan a parcel of land located on the corner of McAllister Drive and Mountain View Drive, 555 McAllister Drive, having an area of approximately 1.3 hectares, also identified as being PID Numbers 55116966 and 55147532 from Business Park to Service Corridor classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -Law Number C.P. 105 -1, A Law To Amend The Municipal Plan By -law ". On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -2, A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning the same parcel of land, from "B -2" General Business and "RS -2" One and Two Family Suburban Residential, to "SZ -5" Special Zone # 5 classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -2„ A Law To Amend The Zoning By -law of The City of Saint John" was read in its entirety. 8.3(c) Section 39 Conditions On motion of Councillor White Seconded by Councillor Farren RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land located on the corner of McAllister Drive and Mountain View Drive, having an area of approximately 1,3 hectares, also identified as being PID 55116966 and 55147532, for commercial purposes be subject to the following conditions: a) The site must be developed and maintained in accordance with a detailed site plan and building elevation plans prepared by the developer and subject to the approval of the Development Officer, illustrating the location and exterior finishes of buildings, driveway access, parking area, exterior lighting and landscaping, and the approved site and building elevation plans must be attached to the application for building permit; b) All driveways and parking areas must be paved with asphalt and enclosed by continuous cast -in -place concrete curbs, and site drainage must be provided in accordance with a detailed drainage plan prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) In lieu of curbing and related street improvements along Mountain View Drive, the property owner must pay the sum of $30,000, to The City of Saint John when street work is undertaken along the frontage of the subject site; d) All disturbed areas of the site not occupied by buildings, parking areas, driveways and walkways, must be landscaped by the developer, including a minimum of 6 metres (20 feet) inside the property lines abutting McAllister Drive and Mountain View Drive, and such landscaping must extend into the Mountain View Drive right -of -way to the shoulder of the existing paved street and into the McAllister Drive right -of -way to the edge of the City sidewalk; e) All public utilities must be provided by underground conduits from the existing facilities to any building; f) The site must be serviced with sanitary sewer by means of a private forcemain directed to the existing City sewer on Westbrook Drive; 92 -12 COMMON COUNCILICONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 g) The use of the property is restricted to the development of an automobile dealership and/or professional office uses; h) no derelict vehicles and no unlicensed vehicles (other than new vehicles) shall be parked or stored on the site, and no auto body shop or gas bar shall be operated on the site; i) Exterior building facades shall be finished with high quality materials and may not include on any surface: - galvanized, unfinished metal, - concrete block or panels without an architectural finish, - except for the wall facing the City's Municipal Operations depot property, any type of metal siding on the bottom one -third of the wall area; j) The developer must install and maintain a minimum 6 -metre (20 -foot) wide treed buffer area along the lot line abutting the adjacent Land for Public Purposes (LPP) parcel; k) The developer must plant a row of Debra Norway Maples, having a minimum calliper of 1 inch and spaced a maximum of 17.5 metres on centre, in the required landscaped areas adjacent to Mountain View Drive and adjacent to the lot line abutting the adjacent Land for Public Purposes (LPP) parcel; 1) Access to the site from Mountain View Drive is limited to a maximum of one driveway, which shall be designed and signed for staff use only; m) An automobile dealership shall not include the sales and service of used cars unless the sales and service of new cars is also provided at all times on the subject site; n) The developer must complete all required site improvements, except for landscaping, prior to the opening of the facility for business; and the required landscaping must be completed within one year of approval of the first building permit for the development; and further, that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein." Question being taken, the motion was carried. On motion of Councillor White Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -2, A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning the same parcel of land, from "B -2" General Business and "RS -2" One and Two Family Suburban Residential, to "SZ -5" Special Zone # 5 classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C. P. 110 -2, A Law To Amend The Zoning By -law of The City of Saint John ". 8.3a) et b) Modifications proposees du plan municipal et de I'arrdte sur le zonage relativement au 555, promenade McAllister Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrbte intitule « Arrete n° CP- 105 -1, modifiant 1'arrete relatif au plan municipal » modifiant A I'annexe 2 -A du plan, la classification dune parcelle de terrain situee au coin des promenades McAllister et Mountain View, d'une superficie approximative de 1,3 hectare, portant les NID 55116966 et 55147532, afin de la faire passer de zone de parc commercial a zone de corridor de service, fasse I'objet d'une lecture. A Tissue du vote, la proposition est adoptee. 92 -13 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 /LE 3 JANVIER 2006 L'arrete intitule Arrete modifiant I'arrete relatif au plan municipal est lu integralement. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete n° CP -105 -1 modifiant I'arrete relatif au plan municipal » modifiant a I'annexe 2 -A du plan, la classification dune parcelle de terrain situee au coin des promenades McAllister et Mountain View, d'une superficie approximative de 1,3 hectare, portant les NID 55116966 et 55147532, afin de la faire passer de zone de part commercial a zone de corridor de service, fasse ('objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete n° CP -105 -1 modifiant I'arrete relatif au plan municipal » . Proposition du conseiller Court Appuyee par le maire suppleant Hooton RESOLU que I'arrete intitule «Arrete n° CP- 110 -2, modifiant I'arrete sur le zonage de The City of Saint John >>, modifiant la meme parcelle de terrain, afin de faire passer classification de zone Commerciale generale « B -2 » et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale n° 5 « SZ -5 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule «Arrete n° CP- 110 -2, modifiant I'arrete sur le zonage de The City of Saint John » est lu integralement. 8.3c) Conditions imposees par I'article 39 Proposition du conseiller White Appuyee par le conseiller Farren RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surPunbanisme, I'amenagement propose d'une parcelle de terrain situee au coin des promenades McAllister et Mountain View, d'une superficie approximative de 1,3 hectare, et portant les NID 55116966 et 55147532, aux fins commerciales, soit assujetti aux conditions suivantes : a) 1'emplacement doit titre amenage et entretenu conformement aux plans de situation et aux plans d'elevation detailles, dresses par le promoteur et assujettis a I'approbation de I'agent d'amenagement, indiquant 1'emplacement et la finition exterieure de tous les batiments, des voies d'acces, des aires de stationnement, d'eclairage exterieur et des espaces paysagers et, les plans de situation et d'elevation approuves doivent accompagner la demande du permis de construction; b) toutes les voles d'acces et les aires de stationnement doivent titre asphaltees et delimitees par des bordures de beton continues coulees sur place, et des installations de drainage doivent titre amenagees conformement au plan de drainage detaille dresse par le promoteur, sous reserve de I'approbation de I'ingenieur municipal en chef ou de son representant; c) plutot que d'effectuer les travaux de bordure et les ameliorations routieres afferentes le long de la promenade Mountain View, le proprietaire doit verser la somme de 30 000 $ a The City of Saint John lorsque cette derriere entreprendra les travaux routiers longeant la limite frontale dudit terrain; d) le promoteur doit prevoir I'amenagement paysager des aires perturbees de 1'emplacement ob it n'y a pas de batiments, d'aires de stationnement, de voies d'acces, d'allees pietonnieres, y compris une distance minimale de 6 metres (20 pieds) a l'interieur des limites de la propriete attenante aux promenades McAllister et Mountain View, et tel amenagement paysager doit se prolonger afin d'inclure le droit de passage 92 -14 COMMON COUNCILICONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 municipal de la promenade Mountain View, jusqu'a I'accotement de la rue asphaltee existante et le droit de passage de la promenade McAllisterjusqu'au bord du trottoir municipal; e) tous les services publics doivent titre foumis par 1'entremise de canalisations souterraines a partir d'installations existantes en direction de tout batiment; f) les services d'egouts doivent titre installes au moyen d'une conduite de refoulement privee conduisant au reseau d'egouts municipal existant de la promenade Westbrook; g) I'usage de la propriete se limite a une concession d'automobiles et a des bureaux professionnels; h) aucun vehicule delabre et aucun vehicule non immatricule (autre qu'un vehicule neuf) ne doit titre stationne ou entrepose sur les lieux et aucun atelier de debosselage ni debit d'essence ne doit titre exploite sur les lieux; i) la finition exterieure doit comprendre des materiaux de qualite superieure et doit exclure les suivants : - metal brut galvanise; - blocs ou panneaux de beton sans revetement architectural; - 6 1'exception du mur donnant sur la propriete des operations municipales, tout type de bardage en metal sur le tiers inferieur de la superficie du mur; D le promoteur doit installer et entretenir un tampon boise dune largeur minimale de 6 metres (20 pieds) de largeur longeant la limite attenante au terrain d'utilite publique adjacent; k) le promoteur doit planter une rangee d'erables Debra Norway, d'un diametre minimal d'un pouce et separes par une distance de 17,5 metres, dans les espaces paysagers exiges attenants a la promenade Mountain View et adjacents a la limite attenante au terrain d'utilite public; 1) 1'acces a 1'emplacement a partir de la promenade Mountain View se limite a une voie conque et reservee a I'usage des employes seulement; M) une concession d'automobiles ne doit inclure la vente et 1'entretien de voitures d'occasion a moins que la vente et 1'entretien de voitures neuves sont egalement offertes en tout temps sur 1'emplacement en question; n) le promoteur doit executer toutes les ameliorations exigees a 1'emplacement, a 1'exception de I'amenagement paysager, avant I'ouverture du commerce au public; 1'amenagement paysager doit titre termine dans un delai d'un an de la date d'approbation du premier permis de construction relatif a I'amenagement; de plus, a la suite du rezonage du secteur, les terrains ainsi que tout batiment ou construction qui s'y trouvent, doivent titre amenages et utilises conformement a Ia proposition et aux conditions qui y sont stipulbes. A Tissue du vote, la proposition est adoptee Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete n° CP- 110 -2, modifiant 1'arrete sur le zonage de The City of Saint John », modifiant la meme parcelle de terrain, afin de faire passer la classification de zone commerciale generale « B -2 » et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale n° 5 « SZ -5 >), fasse I'objet dune troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete n° CP- 110 -2, modifiant 1'arrete sur le zonage de The City of Saint John >>. 92 -15 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 /LE 3 JANVIER 2006 8.4 Council Procedural By -law On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number M -5, A By -law Respecting the Procedures of the Common Council of The City of Saint John ", be read a third time by title, enacted and the Corporate Common Seal affixed thereto. The Common Clerk advised that the Procedural By -law will be reviewed in six months. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -5, A By -law Respecting the Procedures of the Common Council of The City of Saint John ". 8.4 Arrete relatif au reglement interieur Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que I'arrete intitule « Arrete n° M -5 relatif au reglement interieur du conseil communal de The City of Saint John » fasse ('objet d'une troisieme lecture par titre, que ledit arrete soit edicte et que le sceau communal y soit appose. Le greffier communal indique que I'arrete relatif au reglement interieur fera ('objet d'une etude daps six mois. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete n° M -5, concernant le reglement interieur du Conseil communal de The City of Saint John » . 8.5 Zoning By -law Amendment - 70 Thorne Avenue On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 70 Thorne Ave., having an area of approximately 1 hectare, also identified as being PID Number 19869, from "B -2" General Business, to "SZ -12" Special Zone # 12 classification, be read. Question being taken, the motion was carried. The by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" was read in its entirety. On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 70 Thorne Ave., having an area of approximately 1 hectare, also identified as being PID Number 19869, from "B -2" General Business, to "SZ -12" Special Zone # 12 classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "A Law To Amend The Zoning By -law of The City of Saint John ". 8.5 Modification de I'arrete sur le zonage relatif au 70, avenue Thorne Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant 92 -16 COMMON COUNCILICONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 I'arrete sur le zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain situee au 70, avenue Thorne, d'une superficie d'environ un hectare et portant le NID 19869, en vue de la faire passer de zone Commerciale generale « B -2 » a zone speciale n° 12 « SZ -12 », fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. Uarrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John » est lu intbgralement. Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que I'arrete intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain situee au 70, avenue Thorne, d'une superficie d'environ un hectare et portant le NID 19869, en vue de la faire passer de zone Commerciale generale « B -2 » a zone speciale n° 12 « SZ -12 » , fasse I'objet dune troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisibme lecture par titre de I'arrbtb intitule «Arrete modifiant I'arrete sur le zonage de The City of Saint John ». 8.6 Business Improvement Levy By -law The Common Clerk advised that the advertising for the Business Improvement Levy By- law is complete and that there were no objections received. On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law" be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law" was read in its entirety. On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law" be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number BIA -2, A Law To Amend The Business Improvement Levy By -law ". 8.6 Arrete sur la taxe d'amelioration des affaires Le greffier communal indique que les avis ont ete publies relativement a I'arrete concernant la taxe d'amelioration des affaires et qu'aucune opposition n'a ete presentee. Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule «Arrete n° BIA -2, modifiant I'arretb concernant la taxe d'amelioration des affaires» fasse I'objet d'une lecture. A Tissue du vote, la proposition est adoptee. Uarrete intitule « Arrete n° BIA -2, Arrete modifiant I'arrete concernant la taxe d'amelioration des affaires » est lu integralement. 92 -17 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 Proposition du conseiller White Appuyee par le maire suppleant Hooton RESOLU que I'arrete intitule « Arrete no BIA -2, modifiant 1'arrete concernant la taxe d'amelioration des affaires» fasse ('objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no BIA -2, modifiant I'arrete concernant la taxe d'amelioration des affaires >>. 10.1 Request from Gretchen Kelbaugh to Present Film Clip - Margaret & Deirdre On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that letter from Gretchen Kelbaugh requesting to present to Council a three - minute trailer of "Margaret and Deirdre" and requesting financial or promotional assistance be referred to the Common Clerk to schedule a presentation. Question being taken, the motion was carried. 10.1 Demande presentee par Gretchen Kelbaugh voulant presenter la bande- annonce du film Margaret and Deirdre Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que la lettre reque de Gretchen Kelbaugh voulant presenter au conseil une amorce finale de trois minutes relative au film Margaret and Deirdre » , et demandant une aide financiere ou promotionnelle, soit transmise au greffier communal pour que soft fixee une date de presentation. A ('issue du vote, la proposition est adoptee. 10.2 Letter from Mike Murphy Requesting Support for Race Track Improvements On motion of Councillor Tait Seconded by Councillor White RESOLVED that the Mayor send a letter to the Premier and the Minister of Finance reminding them that it is the wish of this Mayor and Council to establish a Racino in the City of Saint John, and further request the Province, through the auspices of Atlantic Lotto, to establish a Racino in the City of Saint John, with copies of the letters sent to Mike Murphy, M.L.A. for Moncton and Lome Mitton, Mayor of Moncton. Question being taken, the motion was carried. 10.2 Lettre de demande presentee par Mike Murphy relative a une aide financiere pour effectuer des ameliorations a I'hippodrome Proposition du conseiller Tait Appuyee par le conseiller White RESOLU que le maire expedie une lettre au Premier ministre et au ministre des Finances pour les rappeler que le maire et le conseil desirent etablir un Racino clans The City of Saint John et, en outre, qu'ils demandent que la Province, sous les auspices de Loto Atlantique, appuient I'amenagement d'un Racino clans The City of Saint John, et que des copies de ces lettres soient expediees a Mike Murphy, depute de Moncton, et a Lorne Mitton, maire de Moncton. A ('issue du vote, la proposition est adoptee. 10.3 Letter & Petition Objecting to Proposed Condo on Prince William Street On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the letter and petition from citizens objecting to the proposed condo on Prince William Street be received for information. 92 -18 COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 3, 2006 1LE 3 JANVIER 2006 Question being taken, the motion was carried. 10.3 Lettre et petition d'opposition a la construction proposee de coproprietes sur la rue Prince William Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que la lettre et la petition presentees par les citoyens qui s'opposent a la construction proposee de coproprietes sur la rue Prince William, soient acceptees a titre informatif. Adjournment A Tissue du vote, la proposition est adoptee. The Mayor declared the meeting adjourned at 8:30 p.m. Cloture de la reunion Le maire declare que la seance est levee a 20 h 30. Common Clerk/greffier communal I, q The city of Saint John P.O. Box /C.P_ 1971 Saint John, NB /N. -B. Canada E2L4L1 PROCLAMATION www.saintjohn.ca WHEREAS: Martin Luther King Jr. worked tirelessly to improve the lot of blacks living in the United States during the Civil Rights Movement of the 1950s and 60s. During the days of the famous bus boycott, which lasted 382 days, King was arrested and his home bombed BUT at the same time he emerged as a Black leader; and WHEREAS: he led a massive protest in Birmingham, Alabama, which caught the attention of the world, providing what he called "a coalition of conscience ". Dr. King directed the peaceful march on Washington, D.C. of 250,000 people to whom he delivered his address "I Have a Dream "; and WHEREAS: between 1957 and 1968, King traveled six million miles, spoke twenty -five hundred times, appearing wherever there was injustice, protest, and action. He authored five books and wrote many articles. He was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963. Dr. King was the youngest man to have received the Nobel Peace Prize. He turned over the prize money to the civil rights movement. He was assassinated on April 4, 1968. NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim January 16th as Martin Luther King Jr. Day. In witness whereof I have set my hand and affixed the official seal of the Mavor of the Citv of Saint John. REPORT TO COMMON COUNCIL January 12, 2006 = ZEN. 0 The City of saint John M& C # 2006 -16 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: 2006 OPERATING AND CAPITAL BUDGETS THE GENERAL FUND Attached, please find the proposed 2006 Operating and Capital Budgets for the City of Saint John General Fund. In addition to establishing the 2006 Municipal Tax Rate, the documents are indications to the public, as well as to the Administration, as to Common Council's objectives for 2006 as well as to identify the challenges that lie ahead. Before discussing the highlights of both budgets, staff believe it important to review the objectives of Common Council as understood by staff. These objectives come not only from adopted resolutions of Council but also from listening to the remarks of elected officials made at various Council meetings held throughout the year. If the Administration has a clear understanding of Council's objectives, then and only then, can the Administration propose an Operating and Capital Budget that will succeed in receiving the majority support of Council that is required. ( -FLTF. rTWF& _ First then, a review of Council's objectives as interpreted by staff: 1. To maintain the Municipal Tax Rate at $1.79 per $100 of assessed value. At this point in the process, this is the most unequivocal position taken by Council. Council directed the Administration to proceed in this fashion after having been presented with various budget scenarios indicating a possible tax rate increase ranging from two cents to as much as five cents. Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 2 2. Given the legal requirements to make special payments to the City of Saint John Pension Funds, the payments were not to be the cause of a tax rate increase. Council will recall the public comments made last year that it was the objective of Council to maintain the same tax rate of $1.795 for 2006 and 2007 based on certain reasonable assumptions. While it is always understood that assumptions such as tax base growth, wage settlements and rates of inflation would change from year to year or even sometimes from month to month, the public commitment to hold the tax rate was premised on the basis that special payments to the plan would not have to come from property owners. A year has transpired and the City now knows that in fact $1.4 million has had to be added to the annual expenditure base. Although both a legal requirement and a new expenditure, Council's objective is that in and of itself, this special payment would not be the cause of an increase in the municipal tax rate. 3. To be seen as responding positively to the concerns of citizens at a series of town hall meetings as well as to the various Council appointed Committees such as the Arts and Culture Board, the Committee appointed to review the Heritage Bylaw or the Committee appointed to review Regional Recreation Facilities. In 2005, Common Council undertook an unprecedented level of dialogue both directly and indirectly with individual neighbourhood groups, and other community stakeholders. It is however one thing to engage in dialogue, it is an entirely different thing to be able to respond. Staff has interpreted Council's willingness to engage in dialogue as an indication that an objective of Council is to respond to many of these concerns in an appropriate fashion within the financial realities that exist in the current year. 4. To move forward in a meaningful way with Vision 2015. Some have suggested that the Operational Review conducted by Chartwell in 2005 has been the most significant undertaking by this particular Council. Others have suggested that the only way for the Municipality to get off the never ending spiral of limited financial capacity and inflexibility, is to proceed with the recommendations made by Chartwell. Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 3 The Chartwell recommendations generally state that in order to save tens of millions in the future, millions need to be spent in the next four years. Given the financial restraints the Municipality is facing, a very aggressive implementation plan will be extremely difficult without raising taxes to current property owners to essentially benefit future property owners. Nevertheless, Council and the Administration's objective is to move forward with the implementation of Vision 2015 in a well planned organized fashion. 5. To utilize new monies stemming from the Gas Tax Refund in a fashion that citizens can actually see the infrastructure improvements or to fund capital improvements that otherwise would simply not have been possible in 2006 given current challenges. The recent announcement related to this new program is indeed good news for all residents and to the Municipality. Initially, municipalities had suggested that this new funding be non - program based so as to allow municipalities increased flexibility within their operating budgets. Municipalities now know that the new Provincial /Federal Agreement does not provide the flexibility that some had hoped for. Irregardless, the Administration has interpreted it as being Council's objective to make real and visible infrastructure improvements stemming anywhere from simply resurfacing streets that otherwise would not be possible, to undertaking major road reconstruction projects that have been deferred for years. 6. To more fully embrace the regional communities True Growth Initiative. This initiative has been quietly underway for quite some time. Our neighboring communities have all undergone what has been described as Communication Audits and the private sector in Saint John has come forward with significant commitments of cash and in -kind services. This is a good news story for the entire region as evidenced by the Board of Trade's recent public recognition of the five Regional Mayors for their demonstrated commitment to improve regional cooperation as well as to their embracing of all of the underpinnings of the True Growth Strategy. The City and Council has purposely been somewhat removed from this process, largely because the proponents recognized that so much of Council and staff time in 2005 was focused on the Operational Review. Because of this, little discussion at Common Council occurred in 2005, however, staff Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 4 have assumed that an objective of Council would be to become more fully engaged in this initiative in 2006 and to wherever possible support those programs that are the foundation on which the Strategy can move forward. 7. To meet all of its legal and otherwise stated commitments. The City has, as Council is aware, a whole series of legal and standing commitments. The commitments range anywhere from property leases, to negotiated labour settlements, to contractual commitments for service providers, to consider a management staff reclassification system and a commitment to the Human Rights Commission that Council will at least consider on an annual basis, recommendations to fund two low rider transit buses in order to improve transit service for the disabled. In considering the 2006 budgets, staff have assumed that Council's objective would be to follow through on all of these commitments. 8. To stay focused on its commitment to Waterfront Development, in anticipation that the municipality's investment will lever additional investment by both the private sector and public sectors. This objective has been at the top of Council's priority list (along with Harbour Clean Up and the Utility). Ongoing discussion with the Hardman Group related to the Coast Guard Site and with Ellerdale Investments related to a project on Water Street indicate the Municipality's public investments are generating wealth creating interest in the area. 9. Finally, and no less important, to keep focused on the Long Term Financial Plan as presented by the Commissioner of Finance, so as to fully understand and appreciate the consequences of any of Council's decisions on this Plan. Obviously, when Plans are presented in a perfect world where all assumptions are entirely correct, the Administration will always push for and encourage strict adherence to the Plan. This is the responsibility of the Administration. Council's responsibility is to not only understand the Plan but also to respond to the needs of the community; to take certain actions that encourage development, to be sensitive to the "ability to pay" of the current residents of our community and then, and only then, find a balance between the Long Term Financial Plan and other Infrastructure and Community needs. Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 5 In preparing the 2006 Budgets for consideration, staff has assumed that Council's objective is to find an appropriate balance between all of these needs and the Long Term Financial Plan. Staff would not presume that these nine objectives are necessarily held by all members of Council, and staff do not suggest that they represent every objective of each elected official, however, as a package, or bundle of objectives, they have served as the basis on which the proposed budgets are being recommended. THE BUDGET (S) AN OVERVIEW: 2006 OPERATING BUDGET: The proposed Operating Budget estimates the required expenditures and investments to amount to $106,621,244 in 2006, or $5,909,226 more than was required in 2005. This represents an increase of 5.87 %. This may seem higher than otherwise expected, but in round numbers it best can be explained as follows. In order to balance the Operating Budget, then new or additional revenues in a similar amount ($5,909,226) must be available to the Municipality. In 2006, this new revenue is projected to flow from the following sources. 1. An increase in the Unconditional Grant $767,225 2. Tax revenues from property owners stemming from the increase in assessments. a. Negotiated Wage Settlements, Increased Benefit Costs and New Services $2,500,000 b. Special payments to the Pension Plan 1,400,000 C. Vision 2015 —The start o Im lementation 600,000 d. General Inflation for, sand, salt and other daily operating materials 600,000 e. Addition Communication Center costs, offset by Revenues 250,000 Unanticipated increase in Transit costs 300,000 9. Obligation to first collect the 2004 deficit 690,000 h. Increased fuel and heating costs 350,000 i. Net Reductions in all other line items. <780,774> Total $5,909,226 In order to balance the Operating Budget, then new or additional revenues in a similar amount ($5,909,226) must be available to the Municipality. In 2006, this new revenue is projected to flow from the following sources. 1. An increase in the Unconditional Grant $767,225 2. Tax revenues from property owners stemming from the increase in assessments. 4,312,761 3. All other sources_ 829,240 Total $5,909,226 Report to Common Council Subject. 2006 Operating and Capital Budgets: The General Fu,7d Page 6 In a nutshell, this brief overview attempts to describe what his transpired and it is hoped that Council can better relate to this high level overview than trying to fully relate to every subtle change in individual line items. THE CAPITAL BUDGET: The Capital budget reflects a total investment in capital assets (those that essentially have a life expectancy of more than one year) -of $22,975,000. This amount is $3,505,500 more than the level of investment made in 2005; however, the actual borrowings are anticipated to be $14,885,000 or only $2,481,700 more than in 2005. The reason for this increased investment is due to the unanticipated requirements related to safety of a portion of the Red Head Road, and Council's commitment to upgrade the Old Black River Road in order to lever a substantial investment by the private sector to build a secondary access road for Red Head residents. Conversely, it could be argued that the increased investment is due partially to Council's desire to have an increased asphalt program that otherwise would definitely not have been possible without the new Federal /Provincial Gas Tax Refund Program. Council will note that the actual anticipated borrowings have been decreased by recognizing an anticipated injection of funds to the municipality of $2,550,000 in 2006 as a result of this program. HIGHLIGHTS OF THE BUDGET(S) THE OPERATING BUDGET: Staff s intention with this document is to focus only on those initiatives or highlights that are directly related to the objectives of Common Council as articulated in the first section of the report. The reason in following this approach is that no longer are there closed budget meetings where decisions are made. Everything contained herein has been discussed in Open Session of Council (or Committee) and made available to all of the media outlets and therefore to the public that follow with interest the proceedings of Common Council, COUNCIL'S OBJECTIVE: MAINTAINING THE TAX RATE OF $1.795 Staff is pleased to point out that the proposed budget does in fact result in this objective being met. The 2006 tax rate shall be $1.795 per $100 per assessment if the budget is adopted as recommended. Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 7 COUNCIL'S OBJECTIVE: MEETING ITS LEGAL OBLIGATION TO THE PENSION FUND wITHOUT RAISING ADDITIONAL FUNDS SPECIFICALLY FOR THIS PURPOSE. Staff is please to inform Council that included in the expenditure base is an amount of $1,400,000 to meet this outstanding obligation for the years 2004, 2005 and 2006. Previous budget scenarios have been amended so as to allow for this inclusion without having to raise the tax rate. As Council is aware, this was not anticipated a year ago and not part of the Plan. It has been made possible only because of Council's strong stance on this issue. COUNCILS OBJECTIVE: TO BE RESPONSIVE TO A VARIETY OF STAKEHOLDERS The 2006 budget contains a number of expenditures and investments that stem directly from the dialogue that was held with various groups and Community stakeholders in 2005. For example; a. With regard to the dialogue with residents at Town Hall Meetings: The Operating Budget contains sufficient funds to put more police officers on the street utilizing a much more proactive deployment model beginning in October of 2006. At an appropriate time, the Board of Police Commissioners and the Chief will more fully explain this initiative to Council. This Operating Budget continues the additional $100,000 provided to both Legal and Inspection Services in 2005 to make real and visible progress with respect to enforcing the Minimum Standards Bylaw. Tremendous progress has been made but as Council is aware, it takes time and we, the City, need to stay committed to this initiative. The Capital Budget also contains an investment in infrastructure of $335,000 in three separate projects on Victoria and Newman Streets. The exemplary work by the citizens in the Old North End have brought staff's attention to this particular area. b. With regard to the dialogue with Council's Committee to review the Heritage Bylaw. The Operating Budget contains sufficient funds to engage an additional staff resource, a Heritage Technician, to assist the one professional working in this area. This was a specific recommendation of Council's Committee. Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 8 c. With respect to the dialogue with Council's Committee established to review Recreation Facilities. The Capital Budget reflects under the caption of Parks and Fields proposed investments to reconstruct the field at the Allison Grounds, to replace the lighting system at Memorial Field, to refocus and resurface a number of tennis courts and to begin the process of dealing with the condition of the parking lots around various community arenas. Staff would point out that this is the first time in a long time, that any significant investments have been made in "non building" facilities that are heavily used by the public. d. With respect to the dialogue with Council's Arts and Cultural Board. The budget, in addition to the continuation of the $25,000 allotment to the Public Art Reserve Fund also contains $50,000 of new money to support the initiatives of the Board. However, just recently, St. Johns, NFLD was able to lever $550,000 in Federal funding for the Arts and Culture sector of their community. Obviously, to succeed in this task, a substantial investment had to be made by the Municipality to support the application process as well as having to adopt an Arts and Culture Policy, as Common Council has already done. Given this recent Federal initiative and the progress Common Council has already made, staff is proposing that rather than adding any further additional monies, Council indicate a willingness to the Arts and Cultural Board that it is most interested in hearing more about this opportunity and would not be adverse to utilizing all or a portion of the Public Art Reserve to assist in pursuing this initiative further. The point is that Council should expect to receive advice and recommendations from the Board with respect to the best utilization of this total commitment of $75,000. COUNCIL OBJECTIVE: TO MOVE FORWARD WITH IMPLEMENTING VISION 2015 The proposed 2006 Operating Budget contains $500,000 specifically for this purpose. In addition, $100,000 has been identified to start the creation of a Communication Unit within City Hall. This need for such a Unit, according to Chartwell, was raised by almost every Councillor, department head and representative of various Agencies, Board and Committees that were interviewed during the process. Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 9 COUNCIL'S OBJECTIVE: TO UTILIZE NEW MONIES FROM THE GAS TAX REFUND IN A MEANINGFUL AND VISIBLE WAY. The proposed budgets contemplate using the new revenues anticipated from this program to offset a larger than anticipated Capital Program than otherwise would have been possible. While it is simply impossible at this moment to specifically identify which one, two or three projects as being funded by the program, staff will work with Provincial staff to identify those projects within the total program that would qualify under the various criteria. Staff is confident that within the total capital investment of $22,975,000 qualifying infrastructure projects totaling $2,550,000 can and will be found. The point is that this new money is not simply being brought into Other General Revenue to avoid a tax rate increase; it will be used to fund specific infrastructure projects that will be noticeable to the public. For example, the City's Asphalt Resurfacing Program has risen to $2,000,000 in 2006, or $600,000 more than in 2005. COUNCIL'S OBJECTIVE: TO FULLY EMBRACE THE TRUE GROWTH STRATEGY: The budget contains a number of smaller items that are consistent with this objective. First and perhaps foremost is $37,500 to be added to the $15,000 from neighboring municipalities, as well as to over $200,000 in cash and services in kind from the private sector to make the True Growth Strategy more fully understood by businesses, residents and employees of every municipality in the region. The Operating Budget also contemplates providing varying levels of support to the many festivals and activities that represent just one of the foundational pillars on which the Strategy is based. These investments range from $60,000 to host the Canadian Country Music Award, to continued level of support to some of our recurring festivals, to $5,000 in seed money to the Fundy Bay Festival, an effort by a group to build a new festival that is more community based and involves areas outside the uptown. Another foundational piece of the True Growth Strategy is the existence of a vibrant and growing University in this community. This Operating Budget includes a $200,000 contribution to UNBSJ's Capital Campaign being the first installment of a ten year commitment. COUNCIL'S OBJECTIVE: TO MEET LEGAL AND OTHERWISE STATED COMMITMENTS. This budget properly reflects all of the legal requirements flowing from a wide variety of contracts to which the City is a part. It also reflects a commitment made to those middle managers in the organization who chose to stay with the Organization as opposed to Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 10 taking advantage of the Voluntary Separation Program. In exchange for accepting increased responsibility and work loads, a commitment was made to review the job classification system. This has been completed and Council will be asked to consider it in the next month or two. The Capital Budget also includes $900,000 for the purchase of two new low ride Transit Buses. This inclusion results in Council having met its commitment to the Human Rights Commission on behalf of disabled bus riders in our community. COUNCIL'S COMMITMENT: TO STAY COMMITTED TO WATERFRONT DEVELOPMENT The proposed Capital Budget included $1,478,000 to carry on with the extension of Harbour Passage and the completion of Water Street in a fashion that will make every resident proud. A significant portion of this investment will be used to lever additional resources from other private and public sector partners. COUNCIL'S OBJECTIVE: TO KEEP AN EYE ON THE LONG TERM FINANCIAL PLAN AND BALANCE THAT PLAN WITH OTHER COMMUNITY NEEDS. Staff would hope that it has succeeded in bringing to Council's attention on numerous occasions throughout the year, the benefits of strict adherence to the Long Term Financial Plan that Council had previously adopted. We trust that we have highlighted the benefits of funding any annual recurring type of requirements such as the Annual Asphalt Program from the Operating Budget whenever possible. Finally, we trust that Council is fully aware of the upwards pressures on the tax rate that will occur for the foreseeable future. One needs only to refer to the 2007 budget column to see what could occur if Council were not prepared to deal with some very tough issues in 2006. Having said this, Council is faced with many competing demands and it is hoped that the proposed budgets find a reasonable balance between the sometimes, at least in the short term, conflicting pressures that exist between the Financial Plan and Infrastructure Needs. A COUPLE OF FINAL OBSERVATIONS: Beyond the direct linkage to Council's objectives there are a number of other investments that are being proposed that also should be noted. One of the more exciting projects that are underway as we speak is the restoration for Lily Lake Pavilion. This project, in the planning stage for at least five years, is going to become a reality. Other levels of government, the labour movement and individuals committed to seeing this project through to completion have contractors working today to complete a contract Report to Common Council Page 11 Subject: 2006 Operating and Capital Budgets: The General Fund valued at $1,375,000. Further efforts to raise additional monies for furniture and equipment will begin shortly. All of this is being done largely without direct City involvement. It does not however seem appropriate that all of this money would be spent on a new facility, architecturally similar to the Interpretation Center, without the appropriate municipal infrastructure in and around the building itself. In this regard, $200,000 has been set aside to improve the public infrastructure around the building, i.e. the deteriorated roadway, the lack of landscaping, parking delineation and perhaps the walkway between the Pavilion and the Interpretation Center. This investment is required to make the Pavilion Renovation Project a catalyst for future improvements to Rockwood Park. The Capital Budget also identifies $350,000 for expansion and improvement of our Industrial Parks. Council has not had the opportunity to meet with the Board of this company and at the same time, a committee to review its operations has been appointed. Rather than reduce their request, it has been left in tact, but Industrial Parks should be advised that none of these funds should be expended until Council has been briefed on future plans including new roadway, land sales and the proposed barge terminal. Staying with the theme of Economic Development, staff would point out that municipal investments in support of Residential and Commercial Development has been estimated at $1,000,000 in 2006. Once again, good news and a reflection of staffs' views on the next year's level of economic activity. Council should also note that an investment level of $1,000,000 is proposed for municipal buildings. Included in this envelope is $250,000 to complete the retrofit of the Lord Beaverbrook Rink, $110,000, for improvements to the City Market, and $175,000 to upgrade the interior of the Gorman Arena to current standards. The balance of this envelope is being invested in needed improvements to a number of other municipal buildings. Finally, staff would draw Council's attention to the Fleet Replacement Envelope on the list of Capital Projects. Of the total investment of $3,200,000, $700,000 is earmarked to replace fire apparatus that has far exceeded its economic life. The balance is being invested to replace as many as thirty other units, including one garbage packer, seven plow and dump units now sixteen years old and a number of other smaller units necessary to provide public services. Perhaps, before concluding, the public should be reminded that Budgets are essentially plans that are put in place at a "point in time ". That is not to suggest that staff and Council will not have to entertain other requests, particularly with respect to Capital Report to Common Council Subject. 2006 Operating and Capital Budgets: The General Fund Page 12 investments, throughout the year. This point is raised because there is a general feeling within the community that the City is on the verge of seeing new developments on the east and west sides as well as in the Uptown area. In all cases, it is not inconceivable that the Council will wish to partner or at least participate in some fashion to encourage or to make way for these developments. Should this be the case, and if such requests are made they will be assessed on an individual basis when presented and decisions made in the best interest of the community. SUPPORTING RESOLUTIONS: In addition to the required budget resolutions, staff is also asking Council to adopt supporting resolutions that are an integral part of the Budget process. The first is simply the annual adjustment to the Managements' Pay Scale. The recommendation, consistent with what Council has previously been advised and included in the budget, is an increase of 3% to the 2005 Scale. The second resolution deals with the issue of the Establishment. Once again, the Establishment document should go hand in hand with the Budget. Council had expressed concerns that this approach was not followed in 2005 and staff committed to bring forth both documents at the same time. CONCLUSION: In asking Council to adopt the following resolutions, staff would suggest that in addition to no known service reductions, the proposed Operating and Capital Budgets are therefore entirely consistent with the objectives of Common Council. BUDGET RESOLUTIONS: RESOLVED that the sum of $106,621,244 be the total Operating Fund Budget of the City of Saint John for 2006 as detailed in the attached Appendix, and RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 2006 be adopted in the amount of $80,140,223, and RESOLVED that Common Council orders and directs the levying of $1.795 per hundred dollars of assessment by the Minister of Environment and Local Government on real property liable to taxation under the Assessment Act within the City. Report to Common Council Subject: 2006 Operating and Capital Budgets: The General Fund Page 13 RESOLVED that Common Council approve a 2006 Capital Budget amounting to $22,975,000 of which not more than $14,865,200 shall be financed by the issuance of debentures. SUPPORTING RESOLUTIONS: RESOLVED that Common Council approve the 2006 Establishment as found in Appendix C. RESOLVED that Common Council approve the 2006 Management Professional Pay Scale as found in Appendix D. Resp By sub fitted, Terrence L. Totten, FCA CITY MANAGER Enc. APPENDIX A -THE 2006 OPERATING BUDGET z 0R �w w� z� CO r.- 2O2 ozG �k Uw CL �0 R aRs k§ @� 2c R§ 0 §) �\ � IL k C*4 a $ @ @ a a R � / 2 W / CL z / w o -j c w / E § e & Dw z b w / / I P m _ I U3 m _ N a = 2 ƒ P, 2 \ C9 o e k S J g - / 2 ~ 2 2 G \ _ $ @ @ @ a $ \ q k $ \ Q \ U� C*4 r It r o \ / @ § % § n & ci Q co � 7 2 % � 2 7 _ 4 J § « w Cl • _2 ® k r co f k / k \ \ \ \ ~ m to E G % R o o n E co Q % p 5 k � § \ R � / 2 W / CL z / w o -j c w / E § e & Dw z b w / / I P m _ I U3 § CITY OF SAINT JOHN 2006 OPERATING BUDGET NON -TAX REVENUES 2005 PROJECTED BUDGET ACTUAL 2006 2007 SALE OF GOODS AND SERVICES FIRE SERVICES TRAINING HAZMAT FUNDING 70,000 70,000 POINT LEPREAU 40,000 40,000 40,000 40,000 CLEARANCE LETTERS 3,000 5,000 4,000 4,000 POLICE SERVICES LODGE PRISONERS 3,000 3,000 3,000 3,000 ACCIDENT REPORTS 11,000 11,000 11,000 11,000 TAXI LICENCES 50,000 50,000 50,000 50,000 OTHER 35,000 35,000 35,000 35,000 RECREATION AND CULTURAL SPORTSFIELDS 61,000 61,000 57,000 61,000 SUMMER PROGRAMS WEST 14,660 14,660 9,000 14,660 SENIORS PROGRAMS 5,800 CARLETON COMMUNITY CENTER CENTRAL 7,000 7,000 9,000 7,000 SOMERSET COMMUNITY CENTER NORTH END COMMUNITY CENTER EAST 23,000 23,000 25,000 23,000 FOREST HILLS COMMUNITY CENTER INTERPRETATION CENTER ROCKWOOD PARK OUTDOOR PROG HURLEY ARENA 210,000 210,000 125,000 210,000 GORMAN ARENA 141,000 141,000 144,000 141,000 BELYEA ARENA 137,000 137,000 192,000 137,000 PETER MURRAY ARENA 137,000 137,000 125,000 137,000 HARBOUR BRIDGE AUTHORITY 200,0-00 200,000 EMERGENCY DISPATCH 183,000 200,000 569,000 400,000 ADMINISTRATIVE SERVICES HOUSING OPERATIONS 42,000 42,000 43,000 44,000 PENSION PLAN 120,000 100,000 100,000 100,000 WATER AND SEWERAGE UTILITY 1,419,000 1,419,000 1,412,000 1,391,000 OTHER WATER SALES 12,000 12,000 12,000 12,000 OTHER TOURISM 3,000 3,000 3,000 3,000 PLANNING DEPT SERVICES 5,000 50,000 50,000 50,000 SALE OF USED EQUIPMENT 5,000 5,000 5,000 5,000 GARBAGE COLLECTION 5,000 5,000 5,000 5,000 TRANSPORTATION TENDERS 500 500 500 500 OTHER REVENUE FROM OWN SOURCES LICENSES AND PERMITS BUILDING PERMITS 475,000 555,000 500,000 525,000 PLUMBING PERMITS 40,000 40,000 42,000 46,000 DEMOLITION PERMITS 5,000 5,000 5,000 5,000 MOBILE HOME PERMITS 1,250 1,250 1,250 1,250 GRAVEL PIT PERMITS 19,000 19,ODO 19,000 19,000 EXCAVATION PERMITS 250 250 250 250 BUSINESS LICENCES REZONING APPLICATIONS OTHER GAS PIPELINE LICENCE FINES AND PARKING MARKET SQUARE PARKING PARKING METERS METER VIOLATIONS METER SUMMONSES TRAFFIC BY LAW FINES TRAFFIC BY LAW SUMMONSES MOTOR VEHICLE FINES COURT FINES RENTALS MARKET RENTALS LAND AND BUILDINGS CITY HALL SHORT TERM INTEREST CONDITIONAL GRANTS FROM OTHER GOVMNTS PROVINCIAL HIGHWAY MAINT TOURISM OTHER REVENUE SURPLUS 2ND PREVIOUS YEAR OTHER 500 500 500 500 20,000 20,000 20,000 20,000 9,000 9,000 9,000 9,000 26,000 26,000 26,000 26,000 673,000 673,000 733,000 733,000 724,500 624,500 724,500 724,500 240,000 240,000 240,000 240,000 40,000 40,000 40,000 40,000 190,000 190,000 190,000 190,000 25,000 25,000 25,000 25,000 15,000 15,000 15,000 15,000 50,000 50,000 50,000 50,000 414,000 414,000 467,000 475,000 168,000 168,000 165,000 170,000 346,500 270,000 275,000 275,000 250,000 350,000 250,000 250,000 360,000 360,000 386,600 360,000 0 0 0 0 0 0 150,000 300,000 250,000 250,000 TOTAL NON TAX REVENUE 6,909,160 7,106,660 7,738,400 7,603,660 City of Saint John 2006 OPERATING BUDGET EXPENDITURES DEPARTMENT NAME MAYOR'S OFFICE COUNCIL LEGISLATIVE CITY MANAGER VISION 2015 COMMUNICATIONS SUPPORT COMMON CLERK LEGAL GENERAL ADMINISTRATION CORPORATE SERVICES ADMIN. FINANCE MATERIALS MANAGEMENT HUMAN RESOURCES PUBLIC SAFETY COMMUNICATIONS CENTRE INFORMATION SYSTEMS & SUPPORT FLEET SERVICES CORPORATE SERVICES FIRE 2005 1,130,220 1,197,760 1,200,316 FACILITY MANAGEMENT 793,006 878,422 PROJECTED CARPENTRY SHOP 438,452 454,479 466,970 BUDGET ACTUAL 2006 1,686,910 2007 3,904,178 3,810,000 4,175,427 6.97% 4,254,750 1.88% EMERGENCY MEASURES ORG 168,757 191,210 167,205 193,360 975,382 195,510 1,225,493 352,330 502,065 358,330 486,378 409,680 539,738 543,540 525,000 551,690 1.50% 605,190 9.70% SNOW CONTROL STREETS 4,552,087 4,712,303 429,400 SNOW CONTROL SIDEWALKS 442,000 466,089 455,300 STORM DRAINAGE 0 1,980,573 500,000 STREET CLEANING 500,000 1,319,093 0 SANITATION 100,000 3,380,349 100,000 STREET SERVICES 897,392 4,419,416 828,290 MUNICIPAL OPERATIONS 835,794 18,550,000 19,540,134 3.66% 505,049 576,528 687,988 646,343 781,605 1,831,841 2,180,000 2,446,818 33.57% 2,537,437 3.70% 260,825 235,315 219,612 138,461 223,118 212,717 229,305 10,500 953,683 10,900 981,645 3,100 1,010,439 3,300 1,065,641 1,456,113 1,048,446 1,699,165 317% 996,984 1,142,236 1,196,681 1,211,226 1,463,084 1,722,927 1,774,615 1,777,364 1,878,918 1,935,286 324,255 417,872 514,069 6,948,077 7,200,000 7,469,607 7.54% 7,671,923 2.710/6 6.04% 15,703,500 16,749,433 6.66% 17,750,535 15,900,000 BUILDING & TECHNICAL SERVICES 1,130,220 1,197,760 1,200,316 FACILITY MANAGEMENT 793,006 878,422 900,554 CARPENTRY SHOP 438,452 454,479 466,970 CITY HALL BUILDING 1,542,500 1,645,766 1,686,910 BUILDINGS AND INSPECTION SERVICES 3,904,178 3,810,000 4,175,427 6.97% 4,254,750 1.88% EMERGENCY MEASURES ORG 168,757 170,630 167,205 MUNICIPAL OPERATIONS ADMIN 975,382 1,208,324 1,225,493 SERVICE & PROG DEVELOPMENT 502,065 472,174 486,378 ENGINEERING & GROWTH 539,738 362,722 372,309 TRAFFIC ENG & SYSTEMS 937,617 1,048,461 1,047,214 SNOW CONTROL STREETS 4,552,087 4,712,303 4,804,374 SNOW CONTROL SIDEWALKS 463,325 466,089 489,345 STORM DRAINAGE 1,852,636 1,980,573 1,970,809 STREET CLEANING 1,309,311 1,319,093 1,364,201 SANITATION 3,304,777 3,380,349 3,454,519 STREET SERVICES 4,244,031 4,419,416 5,453,951 MUNICIPAL OPERATIONS 18,849,726 18,550,000 19,540,134 3.66% 20,835,798 6,63% COMMUNITY PLANNING 687,988 760,516 781,605 REAL ESTATE 393,889 420,839 455,328 G I S 222,175 260,825 235,315 HERITAGE 138,461 189,290 212,717 PLANNING ADVISORY COMM 10,500 10,700 10,900 ENVIRONMENT COMMITTEE 3,100 3,200 3,300 PLANNING AND DEVELOPMENT 1,456,113 1,3577 000 1,645,370 13.00% 1,699,165 317% DEPARTMENT NAME City of Salnt John 2006 OPERATING BUDGET EXPENDITURES 2005 PROJECTED BUDGET ACTUAL 2006 2007 TOURISM 871,385 871,385 895,620 2.78% 918,240 2.53% ADMINISTRATION 982,788 730,098 750,642 FACILITIES 1,160,310 1,382,920 1,422,394 ARENAS 865,911 925,196 950,569 LANDSCAPE 1,160,273 1,353,505 1,391,245 WEST DISTRICT 301,984 359,907 370,129 CENTRAL DISTRICT 472,617 404,011 415,526 EAST DISTRICT 409,160 463,866 477,090 CITY MARKET 764,985 741,406 761,202 CONTRACTED SERVICES 92,000 92,000 92,000 SUBSIDIES: FACILITY USAGE 183,000 183,000 183,000 RECREATION COMMUNITY GROUPS 18,000 18,000 18,000 LEISURE SERVICES 6,411,028 6,100,000 6,653,909 3.790/6 6,831,797 2,67% POLICE COMMISSION 16,969,816 16,969,816 18,014,630 6.16% 18,885,391 4.83% SAINT JOHN TRANSIT OPERATING 2,498,383 2,800,000 2,800,000 12.07% 3,000,000 7.14% SAINT JOHN TRANSIT DEBT 674,567 674,567 641,870 743,900 MARKET SQ. - COMMON AREA COSTS 1,851,364 1,850,000 1,878,752 1.48% 1,935,115 3.00% WATER SUPPLY & HYDRANTS 1,570,388 1,570,388 1,662,403 1,788,412 REGIONAL FACILITIES COMM 1,547,228 1,547,228 1,554,496 0.47% 1,560,000 0.35% STREET LIGHTING 1,000,000 1,000,000 800,000 800,000 PROPERTYASSESSMENT 844 ,874 844,874 892,927 933,109 REGIONAL ECONOMIC DEVELOPMENT 401,072 401,072 396,495 401,000 LIABILITY INSURANCE 525,000 525,000 600,000 650,000 ARTS AND CULTURE INITIATIVES 115,800 395,000 168,330 171,050 LIBRARY 353,577 353,577 360,993 369,280 PARKING ADMIN. SUPPORT 433,342 433,000 451,591 452,670 MUSEUMS 192,500 132,500 0 0 SAINT JOHN DEV CORP 115,000 115,000 143,500 125,000 WATERFRONT DEVELOPMENT 100,000 100,000 100,000 100,000 ANIMAL & PEST CONTROL 154,500 150,000 150,000 154,500 LORD BEAVERBROOK 125,000 125,000 128,750 132,600 S.J. HORICULTURAL ASSOC. 56,000 56,000 56,000 58,000 SAINT JOHN INDUSTRIAL PARKS LTD 65,000 65,000 80,000 85,000 FESTIVALS /PUBLIC CELEBRATIONS 38,000 23,000 103,000 43,000 SOCIAL DEVELOPMENT SUPPORT 82,500 82,500 305,500 305,500 TRUE GROWTH INITIATIVES 75,000 37,500 50,000 NON DEPARTMENTAL 29,788,911 30,213,522 31,326,737 32,743,727 4.52% DEBT PAYMENTS 11,061,056 11,100,000 11,029,127 11,746,220 WORKFORCE ADJUSTMENT 1,000,000 1,000,000 1,050,000 0 CAPITAL FROM OPERATING 1,795,000 1,795,000 516,381 2,332,846 PENSION FUNDING 0 0 1,400,000 5,631,000 ONE TIME WRITE -OFF 534,594 286,427 480,000 482,886 2nd PREVIOUS YEAR DEFICIT 15,069 15,069 689,991 0 FISCAL CHARGES 14,405,719. 14,196,496 15,165,499 5.27% 20,192,952 33.15% TOTALS 100,712,018 100,903,403 106,621,244 5.87% 116,051,514 8.84% THE CITY OF SAINT JOHN SUBSIDIES AND GRANTS 2006 BUDGET 2005 2006 2007 ARTS AND CULTURE INITIATIVES ARTS AND CULTURE BOARD 50,000 50,000 SAINT JOHN THEATRE COMPANY - - SAINT JOHN SHAKESPEARE FESTIVAL CONTINENTAL DRIFT FILM FESTIVAL - - - PUBLIC ART RESERVE FUND 25,000 25,000 25,000 CULTURAL AFFAIRS OFFICE 90,800 93,330 96,050 115,800 168,330 171,050 FESTIVALS/PUBLIC CELEBRATIONS LOYALIST HERITAGE FESTIVAL 3,000 3,000 3,000 FESTIVAL BY THE SEA 15,000 0 0 FUNDY BAY FESTIVAL 0 5,000 5,000 JAZZ AND BLUES FESTIVAL 15,000 15,000 15,000 FESTIVAL de la BAIE FRANCAIS 5,000 5,000 5,000 FESTIVAL SAINT JOHN (UPTOWN SAINT JOHN) 0 5,000 5,000 CANADIAN COUNTRY MUSIC WEEK 0 60,000 0 OTHER 0 10,000 10,000 38,000 103,000 43,000 SOCIAL DEVELOPMENT SUPPORT UNBSJ CAPITAL CAMPAIGN 200,000 200,000 SENIOR CITIZENS CENTER ( free rant) 30,000 31,000 31,000 HUMAN DEVELOPMENT COUNCIL (free reM - 8,000) 27,500 48,000 48,000 P.R.U.D.E. (free rent) 22,000 22,000 22,000 ABILITY ADVISORY COMMITTEE 3,000 3,000 3,000 SEAFARER'S MISSION 1,500 1,500 82,500 305,500 305,500 APPENDIX B - THE 2006 CAPITAL BUDGET City of Saint John Proposed Capital Expenditures Council Priority: Infrastucture Renewal: Transportation: Roads & Streets Storm System Upgrades Building/Equipment Upgrades/Energy Management: Municipal Facilities Lilly Lake PaWlion Lord Beaverbrook Rink Fire Department Market Square Trade Centre Transit Commission Harbour Station Aquatic Centre Rockwood Park Golf Course Horticultural Association Library Parks and Fields Technology & Communications: information Systems (Internal) Mobility Systems Fleet Replacement: Public Transportation City Services Waterfront Development Water Street Reconstruction Harbour Passage Police Facility Economic Development: Residential/Commercial Incentives Industrial Parks Growth Heritage Grants Other Environment: Landfill closure Total Funding Sources: Provincial/Federal Government Other Agencies Gas Tax Revenue General Operating Fund Debenture Financing 2006 2005 Submisslon Recommendation 5,220,000 11,270,000 8,045,000 1,335,000 1,990,000 1,300,000 6,555,000 13,260,000 9,345,000 580,000 1,734,000 1,000,000 - 215,000 215,000 250,000 250,000 250,000 - 116,500 100,000 95,000 40,000 40,000 100,000 122,000 122,000 - 60,000 - - 100,000 100,000 42,000 100, 000 100,000 25,000 25,000 - 40,000 40,000 50,000 50,000_ 1,067,000 2,852,500 2,042000 87,800 660,000 660,000 926,700 900,000 800,000 473,000 600,000 500,000 1,399,700 1,500 000 1,300,000 785,000 1,250,000 900,000 2,900,000 3200000 3,200,000 3,685,000 4,450,000 4,100000 2,840,000 815,000 815,000 600,000 663,000 663,000 3,440,000 1,478,000 1,478,000 1,750,000 1,750,000 1,750,000 500,000 1,000,000 1,000,000 235,000 350,000 350,000 50,000 50,000 50,000 100,000 300,000 300,000 885,000 1,700,000 1,700,000 600,000 600,000 600,000 19,469,500 28,250,500 22,975,000 2,930,000 2,930,000 2,595,000 380,000 400,000 407,800 - 2,550,000 2,550,000 3,756,000 3,805,000 2,557,000 12,383,5W 18,565,500 14,865,200 19,44 X500 28,250,500 22,975,000 Proposed Program Summary For - 2006 Category No. of Other City Total 9 rY Projects Share Share Environment 1 $300,000 $300,000 $600,000 Storm 10 $0 $1,300,000 $1,300,000 Transportation 22 $2,295,000 $5,750,000 $8,045,000 Water Street Reconstruction 2 $0 $815,000 $815,000 TOTALS: 35 $2,595,000 $8,165,000 $10,760,000 Summary of Capital Costs (City Share) Water Street Reconstruction Environment 10% 3.7% Storm 15.9% Transportation 70.4% MDH: MUNICIPAL DESIGNATED HIGHWAYS POH: PROVINCIALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. ROH: REGIONALLY DESIGNATED HIGHWAYS This list has not been approved by Common Council. w &s: WATER AND SEWER RELATED PROJECTS C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. Environment Project Location Description Other City Share Share Howes Lake Landfill Site At Howes Lake Landfill site closure - Phase 111, including design 300,000 300,000 and construction management services TOTAL: $300,000 $300,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. ROH: REGIONALLY DESIGNATED HIGHWAYS This list has not been approved by Common Council. w&s: WATER AND SEWER RELATED PROJECTS C PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. Storm Project Location Description Other City 120,000 Share Share w &s Carpenter Place Carpenter Place to Saint John install approx. 285m of new 600nun and 750mrn 0 175,000 Install approx. 190m of new storm sewer for Throughway storm sewer; easement acquisition - - - -- - - ..... .. .... .. __ w &s Charlotte Street West Champlain Street to Lancaster Install approx. 215m of new 300mm storm sewer 0 100,000 Market Place Avenue for separation 0 270,000 Gault Road Civic 4273 to Alvic Place Install approx. 370m of new 375nrn storm sewer 0 250,000 for separation storm sewer; easement / land acquisition Glen Falls Flood Control Mystery lake Design for renewal of existing control structure 0 100,000 System 0 complete with control valve, including design Durham Street for separation services w &s w &s Gooderich Street Wright Street to Civic #46 Install approx. 220m of new 300mm and 375mm 0 120,000 storm sewer for separation w &s Manawagonish Road (PDH #100) - Carpenter Place to Install approx. 190m of new storm sewer for 0 95,000 Coronation Avenue separation (D.O.T. funding will be sought) w &s Market Place (RDH) - Rodney Street to King Install approx. 350m of new 300mm, 375nrn, 0 270,000 Street West 450rn n, 750mm, 900mm, and 1200mm trunk storm sewer; easement / land acquisition Newman Street Civic #90 (Lorne School) to Install approx. 80m of new 300mm storm sewer 0 55,000 Durham Street for separation w &s Sydney Street Britain Street to St. James Street, Install approx. 160m of new 300mm and 750mm 0 70,000 including St. James Street from storm sewer for separation Civil' #118 to Civic #151 w &s Wright Street Civic #27 to Gooderich Street Install approx. 120m of new 450mm storm sewer 0 65,000 for separation TOTAL: $0 $1,300=0 Water & Sanitary No. Of Sum Of Sum Of Related Storm Projects Projects Other Share City Share 3 $0 $405,000 w &s 7 so $895,000 TOTALS: 10 $0 51,300,000 MOH: MUNICIPAL DESIGNATED HIGHWAYS POH: PROVINCIALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects - ROH: REGIONALLY DESIGNATED HIGHWAYS This list has not been approved by Common Council. w &s: WATER AND SEWER RELATED PROJECTS C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. Transportation Project Location Description Other Share City Share Evergreen Avenue Loch Lomond Road to Hemlock Storm sewer, curb, sidewalk (west side only), 0 120,000 King William Road Street road excavation, landscaping, paving Road realignment, curb, landscaping, paving, 0 Road reconstruction (storm sewer, excavation, Grannan Street (Church Prince William Street to Germain Street reconstruction (storm sewer, excavation, 0 200,000 Street) Street backfill, underground utilities, concrete approved by Conmion Council on November 7, 2005; M & C No. 2005 -338) sidewalks, ornamental lighting, paving) Various locations Asphalt resurfacing, expanded asphalt Hillcrest Road Civic #967 to Marilyn Drive Road reconstruction (drainage control, ditching, 0 320,000 other surface treatments w &s Red Head Road road widening, expanded foam asphalt Road reconstruction (excavation, curb & Marsh sidewalk renewal, culvert renewal, guide rail, resurfacing - approx. 1,730m) ditching, slope stabilization, paving, land Loch Lomond Road (MDH) - Bayside Drive (Kane's Storm sewer, excavation, backfill, curb, 1,260,000 30,000 management services (Pre - approved by Common Corner) to Hickey Road sidewalk, structure adjustments, shouldering, Council on November 7, 2005; M & C No. 2005- 333) cold milling, paving (PDH #100) - At Ashburn Road Raise road elevation (excavation, backfill, Loch Lomond Road (MDH) - Hickey Road to Charles Excavation, backfill, structure adjustments, 480,000 0 Street East shouldering, cold milling, paving Loch Lomond Road (MDH) - McDonald Street to Concrete sidewalk, landscaping (south side) 0 20,000 Tiffany Street Adelaide Street to Elgin Street Loch Lomond Road (MDH) - Silver Falls United Land acquisition, road widening, curb, sidewalk, 55,000 Church to Old Champlain Drive landscaping McNamara Drive Loch Lomond Road to Civic #150 Street Reconstruction (excavation, storm sewer, 0 Asphalt cold milling, asphalt resurfacing road widening, curb, sidewalk, landscaping, King William Road paving) Millidge Street Paradise Row to Moore Street Road realignment, curb, landscaping, paving, 0 Road reconstruction (storm sewer, excavation, land acquisition w&s Newman Street Adelaide Street to Elgin Street Street reconstruction (curb, sidewalk, traffic lights, cold mi.11ing, paving) Ocean Westway (MDH) - Manawagonish Road to Asphalt cold milling, asphalt resurfacing King William Road w &s Old Black River Road Expansion Avenue to Cottage Road reconstruction (storm sewer, excavation, Road road widening, curb & gutter, sidewalk (one side), landscaping, paving, land acquisition) (Pre - approved by Conmion Council on November 7, 2005; M & C No. 2005 -338) Pavement Preservation Various locations Asphalt resurfacing, expanded asphalt stabilization, curb renewals, chip seal and / or other surface treatments w &s Red Head Road Bayside Drive to Red Head Road reconstruction (excavation, curb & Marsh sidewalk renewal, culvert renewal, guide rail, ditching, slope stabilization, paving, land acquisition), including design and construction management services (Pre - approved by Common Council on November 7, 2005; M & C No. 2005- 333) * Rothesay Road (PDH #100) - At Ashburn Road Raise road elevation (excavation, backfill, (Drury Cove Road) intersection shouldering, paving) 390,000 55,000 ....................... 390,000 100,000 210,000 0 1 ,800,000 570,000 1,300,000 110,000 0 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. ROH: REGIONALLY DESIGNATED HIGHWAYS This list has not been approved by Common Council. wRs: WATER AND SEWER RELATED PROJECTS C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. Transportation Project Location Description Other City 30,000 0 65,000 Share Share Rothesay Road Old Orchard Lane to Concrete sidewalk, landscaping (in conjunction 0 15,000 Kennebecasis Park (southern with work proposed by Province of New entrance) Brunswick) Rural Road Upgrades By Road #2; By Road 43; By Upgrade rural roads in accordance with the 2004 0 0 Road #4; By Road 05; Poplar design (Estimated cost - $280,000; staff will Lane, Olsen Road return to Common Council with a recornmiendation upon coanpletion of land acquisition) Rural Road Upgrades Sullivan Road; Fox Hill Road; Design and land acquisition for upgrade of rural 0 60,000 Clark Road No. 1, Clark Road roads, including design services No. 2; Buckley Road Sand Cove Road McLaren's Beach Road to Civic #1379 Simms Comer At Simms Corner Union Street (PDH #100) - Main Street to Smythe Street Victoria Street Adelaide Street to Durham Street Storm sewer, curb, landscaping Design for realignment of intersection and roadways including design services, regulatory approvals, land acquisition, and partnering agreements Concrete curb repairs, structure adjustments, asphalt cold nulling, asphalt resurfacing (D.O.T- funding will be sought) Curb, sidewalk, landscaping, trees, cold milling, paving TOTAL: 0 65,000 0 400,000 0 30,000 0 65,000 $2,295,000 5 7'50 000 Page 5of6 MDH: MUNICIPAL DESIGNATED HIGHWAYS Description PDH: PROVINCIALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. RDH: REGIONALLY DESIGNATED HIGHWAYS This list has not been approved by Common Council. w &s: WATER AND SEWER RELATED PROJECTS 480,000 C-'*: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. Water Street Reconstruction Project Location Description Other Share City Share Water Street Saint Patrick Street to Broad Street reconstruction - Phase It (construction of 0 480,000 Street Harbour Passage elements on west side of street including ornamental lighting and landscaping, development of St. Andrew's Square, St. Patrick's Park and Veterans Tribute Park, land acquisition) Water Street Saint Patrick Street to Broad Waterfront development, enhanced parks and 0 335,000 Street streetscapes TOTAL: $815,000 APPENDIX C - THE 2006 ESTABLISHMENT JANUARY 12, 2006 CITY OF SAINT JOHN CLARIFICATION OF 2006 ESTABLISHMENT CHANGES The attached "Establishment of Permanent Positions" is directly tied to the Proposed 2006 Operating Budget. Council will note that on the surface it would appear as though six new positions are being added and therefore additional funds have been requested. This is not the situation and therefore the following clarification is provided. Solicitor's Office — One New Position The Administration has included an additional $50,000 in the 2006 Operating Budget. The Solicitor has asked to meet with Council to discuss expectations of his department. The Administration fully anticipates the issue of staff complement to be raised. As a result, the Establishment is being changed, but no action will be taken until after Council has met with the Solicitor. City Manager's Office — One New Position This change is simply a matter of housekeeping. From the very start of Chartwell's Operational Review, it was acknowledged that one Program Manager position would be assigned to Vision 2015. An employee was therefore assigned at the request of Chartwell. Council and the Steering Committee were advised at the time. This arrangement continues today so it is appropriate to reflect this in the Establishment. Tourism Department — Acknowledging the Casual Position is in fact Permanent This proposed change has no significant budget consequences. For the past four years a position has been occupied by a casual, now a casual being rotated every six months. In other words, it is not new money that is required, it is simply an acknowledgement that their exists an ongoing workload. As part of the Tourism Manager's efforts to avoid having to recruit and train an individual every six months, Local 486 was approached. The Local's position is that there is ample evidence to indicate that in fact a permanent workload exists and therefore Council should be asked to acknowledge this fact. If not acknowledged, the six month inefficient rotation system will have to continue indefinitely. The costs of recruiting and training and the recurring disruption to service are causing considerable inefficiencies. Leisure Services: No Additions An amendment for the Establishment is being proposed to delete a Group 9 Local 486 Position and add an entry level Management Position. The budget consequences of this change would amount to roughly $10,000 and are accommodated within the 2006 Operating Budget. The reason is the changing nature of the services being provided. The department will continue to become more involved in contract administration with various services providers. At the same time the expectation of the City Manager with respect to controlling $7 million dollars in taxpayers' money is being raised. Once this change is made and the position filled sometime in 2006, the Management Complement will be set at four, a more appropriate level than had previously existed. Municipal Operations: Adding One Position: Water Quality Technician This position is not funded in the Budget presented this evening, however, rather than split the report on the Establishment, it is being presented now. The position will be included in the Utility's budget to be presented in two weeks time and will fall within the Plan for the Utility as presented a year ago. The requirement is being driven by much more emphasis on water quality by the Utility, but also by Provincial and Federal regulators as well as the Medical Health Officer. The size of the City's underground infrastructure coupled with the existence of a surface water supply necessitates that the utility focus on this issue. The Utility has experienced some issues in the past and staff is absolutely convinced that too much is at stake to not request this position. Safe drinking water and public safety is of paramount importance. Building and Inspection Services: Converting a PartTtime Plumbing Inspector to Full Time. Provision has been made within the Operating Budget to extend the seasonal Plumbing Inspector position to a year round permanent position. This is a direct result of having to keep on top of increased development activity, as well as an increased emphasis on the Cross Connection Control Program. Planning and Development. Adding a Heritage Technician As indicated in the budget document, sufficient monies have been added to allow this to become a full time position. Previously, the City has attempted to provide additional resources in this area on a part-year basis. This approach has not worked and with the recent emphasis on Historical Places, the City must be able to attract qualified candidates if it is to stay on top of the workload. Future Challenges: While the above noted changes are relatively straight forward, expectations of service levels are continually changing. At this moment, the City Manager is aware of the following three areas where there exists concerns related to the Establishment. In each case, the City Manager has committed to the Department Head that if and when an in- depth analysis is prepared in support of the request, he would be prepared to discuss the issue with Common Council in 2006. a. Fire Department: The need for an additional Training Officer and perhaps a Fire Prevention Officer. This would require new monies. b. Information Systems: An argument is being made that our current practice of contracting out for a significant number of technical services is causing the City considerable difficulty. An analysis is underway to better understand the implications. This may have consequences for the Establishment. This will not be a budget issue. C. Inspection Services: Although no new permanent positions are requested, the Department has sufficient monies within its envelope to carry on as it has been. The issue the department faces is how to keep up with the workload flowing from the increased emphasis on bylaw enforcement while at the same time using existing budget dollars to fund a casual mechanical engineer position. At the moment, this involves a priority setting decision, as opposed to a budget decision. In the end, it undoubtedly will result in a request to make an Establishment change. APPENDIX D - THE 2006 MANAGEMENT /PROFESSIONAL PAYSCALE i3 CO r Lq M u7 O) 0 4.0 LO I— Nr r v 0) ti r I- m N r r r r N (D O CO T qt ce) tD O O cD ti LO ( CD O ti pp r- tV F r r N r r N O CD O O H L .0 O O O M O O O O O O O O co o O cD m m N LL o O O °° M O � � ° O O a) M N a. O L Cy N L O N O CD r p N C 0 N r r r Q E r n 4.0 0 r. a C O r r r - O Ca 0 0 O O CD N I- C / -W O G 4 d a Z G E +� V3 0 o V 0 10 M U") v � v co ti #�+ C 0 LU a a) U_ N C d C a) O O E E u, O °' w c� v o U N N 0 m C j Q Y i In c O U 0) U) O Cn O 06 cn a) U) U Co N d C (D E Q) C� m G F� _U G O Q L LO O O O U O Cn U U U � H E m Cl. H N City of Saint John Management/Professional Employees 2006 SALARY GRID Salary Steps Gouping 1 2 3 4 5 6 A 45,466 46,376 47,071 47,777 48,255 48,738 B 48,255 49,220 49,959 50,708 51,215 51,727 C 51,215 52,239 53,023 53,818 54,356 54,900 D 54,356 55,444 56,275 57,119 57,690 58,267 E 57,690 58,844 59,727 60,623 61,229 61,841 F 61,229 62,454 63,390 64,341 64,985 65,635 G 64,985 66,284 67,279 68,288 68,971 69,660 H 68,971 70,350 71,405 72,477 73,201 73,933 1 74,673 76,166 77,309 78,468 79,253 80,045 1 79,253 80,838 82,051 83,281 84,114 84,955 K 84,114 85,796 87,083 88,390 89,273 90,166 L 93,773 95,648 97,083 98,539 99,525 100,520 M 99,525 101,515 103,038 104,583 105,629 106,686 L C (a) Resolution from Committee of the Whole Meeting — Jan. 9/06 Budget Item RESOLVED that a letter be sent to all Boards and Commissions that use tax dollars to carry out their business requiring them to report to Council during the year if they are, or anticipate being overspent in their budgets. \ _ Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de Pentente relative A Particle 39 Applicant Related Information / Renseignements sur le demandeur n1 Name of Applicant / Nom du demandeur R 1 �Q � � �1 o / V' S Mailing Address of Applicant / Adresse postale du demandeur D AL IL J ogee I Postal Code / Code postal r q S - -I J Telephone Number / Numdro de 06phone: /_ 6 / / Home / Domicile �D b j� Work / travail 1P ` a " Fax Number / Numdro de tdldcopieur Name of Property Owner (if different) / Nom du proprietaire (si different) Postal Code / Code postal F- a 3^ Y g q Existing Resolution / Resolution actuelle Date of Resolution to be Amended / Date de la resolution A modifier l q 7 q Location / Emplacement _q j/ I E! lge-d t /e, s t Civic No. / No de voirie Street / Rue PID / NIP Applicant's Interest in Property / Interet de demandeurs dan la propridtd 11 edh j /� - What is your Proposal? / En yuoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin entierement cotd illustran t votre proposition. (D&Tire la proposition en detail) L4l' A fee of $300.00 is enclosed in the form of a or Money Ci joint des frais de 300 $ sous forme de c u u de mandat, Signature of Applicant / Signature du made payable to the City of Saint John. i)klld d 1'ordre de The City of Saint John. Signature of the owner must be included. /La4lature due propridtaire doit etre in Signature of Owner (if applicable) / signature du proprietaire (s'il y a lieu) L —�`- -- Date.. U `- one c _ t .x : PROPOSED SECTION 39 AMENDMENT RE: 411 ELLERDALE STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held on Monday, January 16, 2006 at 7 :00 p.m., by: Amending the Section 39 conditions imposed on the August 27, 1979 rezoning of the subject property located at 411 Ellerdale Street, also identified as PID Number 00378695, to permit a revised proposal. REASON FOR CHANGE: To permit illuminated signage. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8 :30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. PROJET DE MODIFICATION DE VARTICLE 39 OBJET: 411, RUE ELLERDALE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la r6union ordinaire qui se tiendra le lundi 16 ianvier 2006 k 19 h en apportant les modifications suivantes : Modification des conditions de Particle 39 imposees relativement au rezonage du 27 aout 1979 du terrain en question situe au 411, rue Ellerdale, et etant une partie du NID 00378695, pour permettre la preparation d'une proposition rdvisee. RAISON DE LA MODIFICATION: Afin de permettre un enseigne illumine. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de 1`urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a 1'attention du soussigne a 1'h6tel de ville. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506 ) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) ' SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifyeds Date(s): Tuesday, December 20, 2005 Tuesday, January 10, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal © Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 Planning Advisory Committee January 11, 2006 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Section 39 Amendment - 411 Ellerdale Street City of Saint John On December 19, 2005 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 10, 2006 meeting. Mr. Brian Johnson attended the meeting on behalf of the application and expressed agreement with the staff recommendation. No other persons addressed the Committee and no letters were received. After considering the report and the applicant's comments, the Committee adopted the recommendation contained in the report. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the August 27, 1979 rezoning of the property located at 411 Ellerdale Street, also identified as PID 00378695, by removing the stipulations that the sign not be illuminated and that the sign identify the convenience story only. Respectfully submitted, •1 �%� �,` Philip Hovey Chairman PF Attachments Project No. 06 -003 Planning and Development P.O. Box/C.P. 1971 Urbanisme et developpement Saint John, NB /N. -B. Canada E2L 4Ll �v%"v.saintjohn.ca DATE: JANUARY 6, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 10, 2006 v "Patrick Foran Planning Officer SUBJECT: Name of Applicant: Brian Johnson Name of Owner; Tri Holdings Ltd Location: 411 Ellerdale Street PID: 00378695 Municipal Plan: Low Density Residential Zoning: `BR" Business Residential non w Proposal: To erect a 1.05M2 (11,4 square feet) illuminated sign. Type of Application: Section 39 Amendment. JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, January 16, 2006. Brian Johnson Page 2 411 Ellerdale Street January 6, 2006 STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the August 27, 1979 rezoning of the property located at 411 Ellerdale Street, also identified as PID 00378695, by removing the stipulations that the sign not be illuminated and that the sign identify the convenience story only, BACKGROUND: In 1979, Common Council rezoned the subject property to `BR" Business Residential subject to conditions imposed under Section 39 of the Community Planning Act. Among the conditions imposed, Council limited signage for the convenience store to a non - illuminated fascia sign with a maximum area of 1.86m' (20 square feet) identifying the convenience store only. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to altering the Section 39 conditions. Building and Technical Services has no objection to this proposal. ANALYSIS: The subject site is located in East Saint John, near the intersection of Ellerdale and Margaret Streets. The area consists of a mixture of low and medium density residential uses. The convenience store for which the applicant is making the request is part of a 96 -unit apartment complex and is located at the south - eastern corner of the building. The applicant has recently acquired the business from a previous owner and intends to replace the existing fascia sign to indicate the change in the store's ownership. The proposed sign would be illuminated and would contain some elements other than the name of the store (ATM / Interac, etc.). The entrance to the convenience store is located in a somewhat secluded corner of the property and the store owner wishes to have an illuminated sign in order to provide better visibility for customers as well as to increase the sense of security. It should be noted that although a building permit application for the sign had been made on July 26, the new sign was installed without a permit having been issued. Subsequent to being informed of the zoning restrictions, an application to amend the Section 39 conditions was submitted on November 15. The sign has since been removed by the sign contractor pending the decision of Council. As mentioned previously, Council rezoned the site in 1979 subject to certain conditions. It is believed that the conditions relating to signage were imposed as a result of specific concerns raised by area residents at the time, specifically the potential for light from the sign spill over on their properties. Due to the location of the sign, there is only one property, 351 Ellerdale Street, which would likely be affected by an illuminated sign. The building on this property is Brian Johnson Page 3 411 Ellerdale Street January 6, 2006 approximately 47 metres (154 feet) from the convenience store and is also screened by a row of mature evergreen trees. However, regardless of signage, the conditions imposed by Council do not address the issue of exterior lighting and the applicant would be able to install outside lights without having to amend the Section 39 conditions. As of the writing of this report, no responses have been received from the notices sent to the neighbours. With regards to the additional elements on the sign, it is typical for convenience store signage to have incidental elements, such as those indicated on the proposed sign. The limitations on content are very restrictive in comparison to other stores and are not considered necessary, given the size limitation of (1.86 square metres / 20 square feet), which will remain in effect. CONCLUSION: Given that no objections have, as yet, been received by the neighbouring property owners and that outside illumination could be provided notwithstanding the issue of signage, amending the Section 39 conditions as proposed can be supported. PF Project No. 06-003 PLANNING AND DEVELOPMENT / URBANISME ET DtVELOPPEMENT RM- ID U* RM- \2- Subject Site, site en question: PID(s)/NIP(s): 00378695 Location, 411, rue Ellerdale Street Date: December / d6cembre 20, 2005 Scale/6chelle: 1:4000 o Subject Site, site en question: PID(s)/NIP(s): 00378695 Location, 411, rue Ellerdale Street Date: December / d6cembre 20, 2005 Scale/6chelle: 1:4000 0 \ . \ \ / � . w = � \ k \{ � . \ � �| . | . ( , �� .. ' - « .eee - . ' � | �.� . . l } { 5' w r � .�r 1W � 44 <� � -� -< \.� tjj � Common Clerk's Office Bureau du greffier communal www.saintjohn.ca January 12, 2006 P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4LI His Worship Mayor Norm MacFarlane and Members of Common Council Your Worship and Councillors, Re: Public Hearings- Mclean St Closure and Poplar St, Walnut St, Eastmount Cres., Amherst St., Windsor St., Woodland St., Elmwood Ave., Ashland Ave., and portion of Rockwood Ave. A review of the provisions of the Municipalities Act pertaining to the public hearing process for street closures has indicated that the process followed for the above noted street closings was not in strict compliance with the legislative requirements. The Act requires that `the Council' specify `a time' for the public hearing in the resolution setting out the date and place of the hearing. The actual resolutions adopted by Council simply instructed the Common Clerk to publish the required notices. The City Solicitor has confirmed that a failure to fully satisfy the statutory requirements could result in a successful legal challenge to the eventual decision(s) of the Council. For this reason, adoption of revised resolutions setting a new public hearing date, time and place is in order. This will ensure full compliance with the relevant statutory provisions. The necessary public notices and advertising can be completed so as to allow the hearing to proceed at the January 30`h meeting for the proposed street closures. Recommendation That Common Council adopt the attached revised resolutions respecting the public hearings for the proposed street closures. Eectflu,ck Woods Common Clerk Re: McLean Street RESOLVED that as recommended by the City Manager, Common Council direct the Common Clerk to publish notice of its intention to consider a By -law to stop up and close, a 583 square meter section of McLean Street, at the Regular meeting of Common Council at 7:00 pm. on January 30. 2006 in the Common Council Chamber located at 15 Market Square, as generally shown on the submitted sketch and described as follows: All that portion of McLean Street, so called, intending to be the entire width of the said street for a length more particularly described as follows: Beginning at the intersection of the northern sideline of Spencer Street (formerly known as Northumberland Avenue) with the western sideline of McLean Street; going thence in a northerly direction along the western sideline of McLean Street a distance of 29.00 metres; thence in an easterly direction and at right angles to the western sideline of McLean Street a distance of 20.12 metres or to the eastern sideline of McLean Street: thence in a southerly direction along the eastern sideline of McLean Street a distance of 29.00 metres; thence in a westerly direction and at right angles more or less to the eastern sideline of Mclean Street to the place of beginning. Re; Poplar Street Etc. RESOLVED that as recommended by the City Manager, Common Council direct the Common Clerk to publish notice of Council's intention to consider the passing of a By -law to stop -up and close Poplar Street, Walnut Street, Eastmount Crescent, Amherst Street, Windsor Street, Woodland Street, Elmwood Avenue, Ashland Avenue and a 3,447 square metre ± portion of Rockwood Avenue, at the Regular meeting of Common Council at 7:00 pm. on January 30, 2006 in the Common Council Chamber located at 15 Market Square, as generally shown on the submitted plan. l January 10, 2006 '5 Your Worship Mayor Norm McFarlane and Members of Common Council Subject: Retail Growth in East Saint John and traffic congestion. Saint John has experienced impressive growth with retail business in East Saint John. This growth is very much needed to move Saint John forward. Many people welcome the problems of growth, problems of growth are certainly better than problems of decline. With that said, the traffic issue specifically on Westmorland Rd. is becoming a growing concern for many motorists and pedestrians. Questions of safety have been raised and citizens are recommending the City find a solution. I understand staff is presently monitoring this situation. I also understand traffic is high in the East Saint John specifically in the retail area and it appears to be growing. I and many of my fellow Councillors have received many calls and as a result I would like the following questions be referred to staff for a report and or comment. 1. In respect to the dual traffic lights and their close proximity on Westmorland Rd. (near Home Depot and the CAA facility) has this unique situation created an unsafe traffic infra - structure system and or a permanent bottleneck of congested traffic? If this is the case then; 2. If any, what short term solutions can be considered? 3. If any, what long term solutions must be considered in the future and when can we expect these solutions to be recommended for Common Councils consideration? Be it resolved; These questions be referred to staff for a report or comment. submitted, J9Kn Ferguson Councillor January 11, 2006 OPEN SESSION SAINT JOHN Mayor Norman McFarlane and Members of Common Council RE: Inclusive Cities Canada Proiect P.O. Box /C.P. 1971 Saint John, NB /N. -B_ Canada E2L 4L1 www.saintjohn.ca As Council is aware I was privileged to be part of an important project that took a concentrated look at the barriers and challenges that individuals faced in their respective communities. Barriers and challenges which prevented individuals from fully participating as a valued and contributing member of their community. Barriers such as social, economic, racial or cultural issues. The project began in 2003 and was conducted in five (5) communities across Canada, Vancouver/North Vancouver, Edmonton, Toronto, Burlington(Greater Toronto area) and the City of Saint John. As well as Municipal official participation, the project activities were also pursued with the involvement of social planning agencies in the respective communities. We were fortunate to have Randy Hatfield and the Human Development Council on board as our social agency. The project has now concluded and at this time I am presenting each member of Council with a copy of the final report that was reviewed and discussed at a national symposium that was held in Gatineau, Quebec on November 27th and 28"'. I believe that this Report contains some positive food for thought, for not only the communities that participated in the Project, but for all communities across Canada.. I don't plan to go into details of the Report here this evening, but I would like to highlight the five (5) dimensions that were identified by the Project as being the five civic dimensions of social inclusion. These are identified on page 5 in the Report. If Council members have any input that they would like to share on the issues and concerns raised in the Report, I would welcome their input at a later time. While this phase of the Inclusive Cities Canada Project is complete, it is hoped that funding can be secured to pursue some of the issues raised. RECOMMENDATION: This report be received and filed. Sin erel Carl A. ite, Councillor attachment Explore our past Explorez notre pass6 Discover your future Decouvrez votre avenir Grand Bay - Westfield • Quispamsis • Rothesay - St. Martins , Saint Johi inclusive cities Meeting the Civic Challenges of Social Inclusion: Cross- Canada Findings and Priorities for Action DRAFT REPORT Prepared for the national symposium on Building a New Canada: Meeting the Civic Challenges of Social Inclusion Gatineau, November 27- 28, 2005 By Peter Clutterbuck, Christa Freiler and Marvyn Novick wwwAnclusivecities.ca ABOUT INCLUSIVE CITIES CANADA Inclusive Cities Canada: A Cross - Canada Civic Initiative was established in 2002 as a partnership of five social planning organizations. The Initiative begins with the understanding that all members of the community potentially gain from social inclusion — those who are vulnerable for reasons of poverty, racism or fear of difference — as well as the broader community that benefits when every one is able to participate as a valued and contributing member. An inclusive community or city is one that provides opportunities for the optimal development of all children, youth and adults. The goals of Inclusive Cities Canada (ICC) are to: Strengthen the civic capacity of cities to build inclusive communities in which all residents are valued and engaged Ensure that community voices of diversity are fully recognized as core voices of the new Canada Promote senior government investments in the social infrastructure of cities as essential to advancing social inclusion and a Canadian urban strategy Create opportunities for mutual learning on promising inclusive initiatives and practices across cities and urban regions The inspiration for ICC grew out of previous work between the Federation of Canadian Municipalities and the Laidlaw Foundation. In 2002, local soundings were held in 10 cities across Canada to provide community perspectives on social issues facing urban centres and the civic capacities required to address them. The resulting report' recommended a process for assessing and advancing the inclusiveness of cities and communities through the establishment of cross - Canada civic panels. The five social planning partners are: Community Social Planning Council of Toronto, Community Development Halton; Edmonton Social Planning Council, Human Development Council of Saint John (NB); and Social Planning and Research Council of British Columbia. Dr, Joey Edwardh, Executive Director of Community Development Halton, and Micheal Phair, Edmonton City Councillor, are the co- chairs of a national steering committee. Inclusive Cities Canada receives multi -year funding from Social Development Canada. Start-up funds were also received from the Laidlaw Foundation. For more information, contact: Christa Freiler, ICC National Coordinator, at cfreiler(a)-sympatico.ca or 416 604 1869 or go to www.inclusivecities.ca ' Clutterbuck, P. and M. Novick. 2003. Building Inclusive Communities: Cross - Canada Perspectives and Strategies. Toronto: Laidlaw Foundation. Meeting the Civic Challenges of Social Inclusion: Cross - Canada Findings and Priorities for Action TABLE OF CONTENTS Introduction Section 1 The Civic Foundations of Social Inclusion 4 1.1 The Importance of a Civic Focus 4 and Social Inclusion 1.2 What Makes a City Inclusive: The 5 Dimensions of Social Inclusion 1.3 Civic Inquiries into Social Inclusion 6 Section 2 Cross Canada Findings 8 2.1 Perceptions of Civic Inclusion 8 2.2 Interpreting Trends in the Community: Perception Ratings of Civic Inclusion 11 2.3 Emerging Civic Themes 14 2.4 Cross - Cutting Issues 25 Section 3 Building a New Canada: Challenges and Priorities 38 3.1 Context 38 3.2 Challenges 40 3.3 Priorities for Action 45 INTRODUCTION In March 2005 Inclusive Cities Canada (ICC) released local reports in Burlington, Edmonton, Saint John, Toronto, and Vancouver /North Vancouver. The reports, Community Voices, Perspectives and Priorities, assessed the state of social inclusion in those cities and identified needed policy and program changes. The research included about 1,250 people across the country who participated in focus groups and local soundings. Civic panels were established in all cities to guide the local research. The work of the civic panels brought an innovative approach to policy development_ Each panel was co- chaired by a senior municipal official and a senior community leader. Panel members were from diverse civic sectors and cultural backgrounds. They brought informed and committed perspectives to their recommendations. The panels demonstrated that civic leaders from different regions of Canada shared many common concerns, and proposed a wide range of complementary priorities in their reports. This report, Meeting the Civic Challenges of Social Inclusion: Cross - Canada Findings and Priorities for Action, analyzes and synthesizes the local findings and recommendations. It is being released as a draft for presentation and comment at the national symposium on Building a New Canada Meeting the Civic Challenges of Social Inclusion, November 27 and 28, 2005, in Gatineau, Quebec. This national symposium is an occasion for local participants to begin a national dialogue across cities on the future of their communities and their country. This draft report contributes to the national dialogue. It frames the issues coming out of the local reports as four civic challenges for governments and communities: 1) make civic democracy work; 2) affirm urban diversity; 3) reduce disparities in living conditions; and 4) invest in social infrastructure. It identifies the missions and preliminary actions needed to address these challenges. It calls on symposium participants to work together to identify priorities for action at a civic, provincial and federal government level. The final report will build on the perspectives and feedback from participants at the national symposium and subsequent public meetings. A final cross - Canada report will be released and posted on the Inclusive Cities Canada website early in 2006. Section 1 The Civic Foundations of Social Inclusion 1.1 The Importance of a Civic Focus and Social Inclusion A civic focus is a focus on cities, on citizenship and engagement, and on the importance of where people live. Over the past decade, the public policy importance of cities has grown because: • Cities are assuming a bigger role than ever before as a result of demographic changes, downloading of responsibilities by senior governments, and the effects of globalization; • Cities play a vital role in economic prosperity and as centres of innovation, creativity, and culture; It is increasingly being recognized that, "for our country to work, our cities have to work ". Cities are "where the national interest is made real for people "3.; where people from all backgrounds want to come to raise their families° - the 'social centres of national life'; It is for these reasons that the sustainability of cities has become a public policy focus in Canada and internationally. Furthermore, there is growing recognition that, for cities to be sustainable, they have to be inclusive. The Cities Alliance, an international initiative launched by the World Bank and the United Nations Centre for Human Settlements, expressed this challenge as follows: The social and economic future of countries is increasingly being determined in their urban areas ... Two altemative scenarios are emerging. one of cities characterized by increasing poverty, social exclusion and decline; the other of inclusive cities characterized by equitable and sustainable growth.5 Cities are where children and adults first experience either exclusion or inclusion. Their well -being is, therefore, closely tied to where they live — the quality of their neighbourhoods and public services, and the social commons where they have the opportunity to share experiences and interact. It is also in cities that the challenges and opportunities that diversity brings are most evident. '' A. Orloff (2005) in "Measuring Up: A 2020 Vision for Inclusive Cities ". www.philia.ca/cros_en/pagel321 _cfm 3 Minister John Godfrey, as quoted by A. Orloff (2005) " Marvyn Novick (1997), as quoted in C. Freiler (2004), "Why Strong Neighbourhoods Matter: Implications for Policy and Practice ". www.strongnei£hbourhoods.ca. s The Cities Alliance. "City Development Strategies: The Cities Alliance Perspective," [undated] " 2 1.2 What Makes a City Inclusive: The Civic Dimensions of Social Inclusion Inclusive cities contribute to the quality of life of individuals and improve the health of the population by reducing social and economic distances between people; valuing diversity and recognizing people's lived experiences; and ensuring that all members of the community participate as equally valued and respected citizens. Based on previous research, a review of Canadian and international literature, and ongoing dialogues, Inclusive Cities Canada identified five civic dimensions of social inclusion. An inclusive city, therefore, depends on the following: 1. Commitment to Diversify The adoption and implementation of policies, plans and concrete actions by key public institutions that provide valued recognition to individuals and groups and reflect and respond to the full diversity of the population. 2. Opportunities for Human Development A focus on the development of talents, skills and capacities of everyone from early childhood through the transition years into and including adulthood. 3. Quality of Civic Engagement Strategies and actions to promote participation of individuals and groups in the full range of civic and community life to enhance social interaction, harmonious neighbourhoods and active citizenship. 4. Cohesiveness of Living Conditions. Provisions for personal and family security (food /nutrition, income and employment, housing, community safety) that minimize disparities in community living conditions within the population. 5. Adequacy of Community Services. A well- coordinated system of public and community support services connected to strong networks of informal and personal support to address the diverse circumstances of vulnerable people. These dimensions became the basis for research conducted by the local ICC partners to explore people's perceptions of their city's 'inclusivity'. Community focus groups, local soundings, feedback forums and electronic surveys were used in different ways by local partners to examine the level of inclusion in key areas such as: public education, recreation, transportation, policing and justice, local government, early childhood A evelopment, and community safety. 1.3 Civic Inquiries into Social Inclusion The civic panels in the partner cities guided and oversaw a civic inquiry s process that followed a four -stage sequence of activities: community focus groups; research; analysis; and reporting The focus of the inquiry was on a set of common areas relevant to social infrastructure across Canada that builds and sustains inclusive urban communities. The common areas of inquiry shown in the following chart, organized by inclusion dimension: Dimensions of Cross - Canada Common Areas of Inquiry Inclusion Diversity Local Publicly Policing & Governance Funded Justice System Education Human Early Publicly Recreation /Arts Development Childhood Funded Culture Education Education Civic Local Public Spaces Community Engagement Governance Capacities Living Income & Housing Community Conditions Employment Safety Community Health Crisis Transportation Services Services & Mobility Civic panels was organized and conduct a minimum of two community focus groups of about 10 to 15 participants in size for each of the five dimensions of inclusion. Each focus group covered the three common areas of inquiry for the inclusion dimension on which it focused. ''!fie inquiries are also sometimes called civic "audits ". The term 'inquiries" is used here to avoid confusion with financial audits. N Focus group participants were invited according to their relevant civic and/or community experience on the issues identified for application of the particular dimension of inclusion (e.g. invitation to a group of parents, students, teachers, and principals to address the "education" priority using the inclusion lens of "human development "). Stakeholders with both direct lived experience on the issues and/or a broader understanding and appreciation of the issue were invited to participate. The intent of community focus groups was to generate perspectives based on the experience of the ground level of community stakeholders. The ICC partners also conducted several local soundings with small groups reflecting certain perspectives felt relevant to the issues at hand (e.g. youth, people with disabilities, immigrants, etc.) The ICC National Resource Team (Peter Clutterbuck, Christa Freiler, and Marvyn Novick) designed and tested a common structure and format for the three -hour focus group sessions. The process provided opportunity for both individual and collective input into identifying the strengths and weakness of local social infrastructure in building and sustaining inclusive communities. It also allowed focus group participants to identify what positive changes are possible at the level of "policy frameworks, systems capacities, and community practices" to create and sustain urban social infrastructure for an inclusive city. A recorder used a prepared template to document each focus group discussion. The partners researched issues arising from community focus group discussions both to complement focus group perspectives and to explore the potential of areas for future study suggested in focus groups. Site Coordinators also interviewed sector experts as key informants on issues identified in focus groups. A draft report was made available to community focus group and local sounding participants and a general community invitation was issued for a feedback session allowing comment and further suggestions for inclusion in the final local report. Each local civic panel approved the final local report for public release, 7 Section 2 Cross - Canada Findings This section of the report will review the findings from the community focus group sessions in the participating' cities. • Section 2.1 quickly summarizes how focus group participant responses on the inclusiveness of their cities and communities were quantified for the purpose of comparing perceived strengths and weaknesses across the five inclusion dimensions. This section then present in both graphic and tabular formats the focus group participants' perceptions on the degree of inclusiveness in the areas of study. The graph portrays these "inclusion ratings" for all focus group participants as a "Cross- Canada" group as well as for each city. • Section 2.2 offers an interpretation of the trends suggested in this overview of the participants' perceptions of inclusion and argues for the usefulness of inclusion as a normative concept in terms of constantly setting higher benchmarks for development and improvement. • Section 2.3 reports the major themes by city emerging from community focus group discussions organized by the five inclusion dimensions. • Section 2.4 pulls out twelve inclusion issues that cut across many of the cities and inform an inclusion agenda for our urban communities in Canada. 2.1 Cross - Canada Findings: Perceptions of Civic Inclusion Rating community participants' perceptions Focus group participants were presented individually with a set of statements, which were benchmarks of an inclusive community (i.e. high standards). For example, in community focus groups on the inclusion dimension of "Human Development ", one of the benchmark indicators for the study area of "Publicly Funded Education" was: "In general, students in the local education system get the personal attention and instruction necessary to fully develop their individual talents and abilities." Altogether in each community focus group, participants were presented with twelve such "indicator" statements.8 Without prior group discussion, participants were asked to mark their own degree of agreement or disagreement with each indicator statement. After making their ratings, focus group participants handed in their completed sheets. Their response for each indicator was scored using the values shown below: Vancouver/North Vancouver, although separate cities, had a single civic panel. 8 The inclusion indicator statements were developed by the ICG National Resource Team from reference to international research on indicators of inclusion. 8 Strongly Strongly Disagree Disagree Agree Agree No Opinion Value: Value: Value: Value: Value: - -2 - -1 +1 +2 0 The results were tabulated and aggregated for the whole focus group and an "average rating" between —2 and +2 was calculated for each inclusion dimension and for each area of study within each inclusion dimension.9 Altogether 439 focus group participants completed these "perception ratings" surveys in the participating cities. Quick tabulations were done and presented on site for each focus group for the purpose of generating discussion about how well or how poorly the group perceptions suggested their communities and cities were doing on the inclusion dimensions. While the results are not a definitive or objective measure of inclusion for any of the participating cities, they offer an impressionistic assessment of local conditions from the perspective of knowledgeable participants active in civic and community affairs and with some recognized experience in the policy and support fields to which they were addressing themselves. Cross - Canada and community inclusion perception ratings Plotting participant perceptions on a graph as in Figure 1 shows that the range of the perception ratings varies across the cities. Some cities such as Vancouver /North Vancouver and Burlington chart in a higher range between +.25 and +.50 for several inclusion dimensions. For several cities, participant perception ratings on some inclusion dimensions show very low values. Toronto, Edmonton, and Saint John reach the depths of —1.25 to —1.40 in perception ratings for certain inclusion dimensions. Although the individual city graphs show variation in rating values, there is a relatively consistent pattern in how participants from all communities rated the dimensions in relation to each other. The consolidation of all the participant ratings into the Cross - Canada Inclusion Perceptions in Figure 1 shows: (a) Civic Engagement and Human Development have the top two highest inclusion ratings;10 8 For example, the three areas of study for the inclusion dimension of "Human Development" are "Early Childhood Education ", "Publicly Funded Education" and "recreation, Arts and Culture ". There are four indicators on inclusive Human Development for each of these three areas of study. 10 The pattern varies only for Saint John for which "Diversity" is second highest, but by the slightest of margins — the average rating for the Diversity inclusion dimension in Saint John being — 0.57 , while Human Development comes in at — 0.61 , a difference of only - -.04. Z (b) Diversity and Community Services are within - -.02 of each other in the middle tier of the inclusion ratings; and (c) Living Conditions has the lowest rating by far in all cities. The most dramatic departure from the generally consistent pattern of ratings by dimension is the Diversity dimension as rated by the Toronto focus group participants. The Toronto average rating for Diversity is —1.18, which is more than twice as negative as the lowest average Diversity ratings in other cities — Saint John at - -.57 and Edmonton at --.53. It may be that the particular indicator statements used to assess Diversity were not favourable to Toronto's performance in the experience of the focus group participants in that city. There is no question, however, there is much complexity on the issue of diversity in the City of Toronto as reflected in a variety of social, economic, and cultural debates about inclusion and exclusion ranging from newcomers' experience with employment and settlement, to racial identity, to sexual orientation. Many participants in the Toronto focus groups are active in a number of these issues and bring a strongly critical advocacy perspective to the issue (Notably, Toronto focus group participants recorded the lowest average rating values of all cities on all five inclusion dimensions). Such high standards are good in terms of setting expectations for change in Canada's most diverse and largest city. In terms of the ICC Cross - Canada findings, however, the overall cross - community ranking of diversity is affected negatively by the Toronto rating results. The table following displays the rank ordering for the five inclusion dimensions by city. Cross - Canada Perceptions of Social Inclusion Individual Rankings of Inclusion Dimensions by Participating Cities. Reported ICC articipating Cities Levels of Vancouver/ Inclusion North Edmonton Burlington Toronto Saint John Vancouver Civic Civic Human Human Civic Highest Engagement Engagement Development Development Engagement Second Human Human Civic Civic Diversify Highest Development Development Engagement Engagement 10 Middle Diversify Diversity Diversity Community Services Human Development Second Community Community Community Diversity Community Lowest Services Services Services Services Lowest Living Living Living Living Living Conditions Conditions Conditions Conditions Conditions 2.2Cross- Canada Findings: Interpreting Trends in the Community Perception Ratings of Civic Inclusion Several interpretive comments about these findings are in order: • Clearly, participants across all six communities share serious concern about fundamental issues of income, employment and housing, which make up the lowest rated inclusion dimension - Living Conditions. Decent and adequate Living Conditions for all would seem to be the foundational cornerstone of an inclusive community. The fourth place cross - Canada ranking for the Community Services dimension is also disconcerting. Only Toronto participants ranked Community Services higher (third ahead of Diversity). This low ranking is significant in light of the lower ranking for Living Conditions. When basic means of economic support are failing people, they generally turn to community service systems, which participants indicate are failing as well. Focus group discussion revealed that Community Services were not as inclusive as they need to be mostly because of lack of resources and ineffective planning and coordination. On the other hand, relatively high rankings across communities for the Civic Engagement and Human Development dimensions are encouraging signs. There was a strong sense among focus group participants that the community was motivated for greater civic participation in local governance and that there are some opportunities and openness to this both in government and in community. On the Human Development dimension, participants felt that the core of the public education system has held and is highly valued, although it has been embattled for more 11 than a decade in many places and the learning needs of more vulnerable students and families have .suffered (e.g. children needing special education services). Finally, inclusion ratings for any of the dimensions could have ranged from values as low as —2.00 to as high as +2.00. What is the significance of the fact that only four inclusion ratings in two urban areas (North VancouverNancouver and Burlington) achieve positive values in these results? As illustrated in Figure 1, the highest inclusion rating for all Cross - Canada focus group participants is only —0,26 for their perceptions about the inclusiveness of Civic Engagement in their communities. The significance of the relationship between positive and negative values in these inclusion ratings is discussed below. Social inclusion is a normative, value -based concept. The indicator statements created for this research set high inclusion standards, which made it difficult for a focus group participant to give a "Strongly Agree" response ( +2 value) unless she /he was confident that a consistently high standard of inclusion was being achieved and maintained. Notably, there were no average rating scores in the — 1.5 to —2.0 area in any of the cities, which could be taken as an encouraging sign. The low inclusion ratings for the Living Conditions dimension, which rates perception on performance in income, housing and employment in our cities, are not surprising. The advantage of this measure of community perceptions is that it can show where efforts might be concentrated for improvement in building an inclusive community and city. Such results can help set a benchmark for improvement, such as breaking the zero threshold in average ratings to move into the inclusion zone reflected by positive rating values; or, advancing higher into the inclusion zone toward +1.0 as a measure of an acceptable if not ideal inclusion standard, that ideal being reflected at the +2.0 rating level. Reflection and action to advance toward and higher into the inclusion zone on any of these dimensions are important. Society is not static and changing conditions and dynamics always challenge us to assess, re- assess and adjust in order to maintain high standards of achievement. Satisfaction with minimally acceptable standards rather than always pushing toward the ideal and desirable state is shortsighted. The higher in the inclusion zone on any dimension that a community and city achieve, the more likely that inclusive policy and practice will be institutionalized and the more resistant they will be to erosion or displacement by other constraints on the system. For example, the universal right to vote in our democratic society is so institutionalized that it is hard to believe that less than a century ago the women's suffrage movement had to fight to eliminate the exclusion of women from the franchise. The current institutionalized floor for the right to vote, however, 12 presents new possibilities and debates about inclusion and the vote, such as whether to lower the voting age; or, extending the vote in municipal elections to non- citizens who are local residents. Both practices are recommended in the Toronto ICC Report and would introduce the notion of recognizing "civic citizenship" as distinct from, but in no way inconsistent or interfering with, the rights and privileges of national citizenship. Basing the local franchise on municipal residency would not in any way affect the voting rights and provisions of national citizenship for which the Canadian polity currently sets reasonable standards beyond just residency. Some suggested then and affirm even more strongly now that tolerance or mere acceptance is an inadequate and still devaluing response to diversity. Respect for diversity is the more appropriate norm and this would be reflected in more than just legal protections, but in other ways such as in our education systems for cultivating the next generation of citizens and leaders. This approach has become more practiced in the last two decades, especially as our society becomes more racially and culturally diverse and our awareness heightens about the need to protect the rights and interests of other groups such as disabled people, the Aboriginal community, and people of varying sexual orientations. Still others contend that tolerating and respecting diversity are relatively passive norms or responses_ Actively valuing diversity is necessary to finally overcome classism, racism, and the overt and subtle exclusion of many other people who are perceived as different from the mainstream. Valuing diversity for its contribution socially, economically and culturally to the community and society makes the issue of systemic and institutional change a matter of benefit to everyone, not just people seen as part of a minority group. This way of understanding diversity is many times more advanced than tolerance or protection of individual rights, as important as these minimal standards remain. Indicator statements on the degree of inclusiveness on the Diversity dimension of a city can be created to determine whether respondents see tolerance and acceptance for diversity in their community or not, or whether they can see respect or not; or whether they see evidence of positively valuing and embracing diversity for its wide community benefit; or whether they can even see how diversity is being incorporated or institutionalized in civic systems, structures and processes. Each level is a higher standard and expectation and each is harder to realize and to sustain, but that is the challenge of using an inclusion framework. Using a social inclusion framework and developing audit tools such as the ICC indicators and dimension ratings can serve to motivate and encourage both our political and community leadership to strive more effectively together to build inclusive cities and communities. 13 2.3 Cross - Canada f=indings: Emerging Civic Themes This section presents the major emerging themes derived from the local research in the participating cities. These themes for each local partner are presented by inclusion dimension in the charts following. (The full reports can be downloaded from www.inclusivecities.ca under Publications and Perspectives). Dimension: Civic Engagment ( Local Governance, Public Spaces, and Community Capacities) Cities Major Themes Saint John Shaping a Democratic and Participatory Civic Culture. As social and economic conditions in Saint John arouse greater public concern about the quality of life, there is a stronger sense in the community of the need to take more leadership in defining and determining the civic future of Saint John. The community and business sectors have begun to forge alliances to address issues such as poverty, employment, the stability of single parent families, and the housing crisis. Establishing a more active and engaged civic culture and voice vis -a -vis provincial government will require a joint commitment of leadership in both the community and the municipal sectors and efforts to raise the political consciousness and understanding of the public. Burlington Breaking Out of Public Complacency. There is a complacency about civic affairs among Burlington residents not helped by concerns about how advisory groups are selected and function and the overriding power of the Ontario Municipal Board. The cost of transportation and inadequate routes and hours of service affect civic participation of some groups (youth, disabled, seniors) and the time pressures of daily life affect others. While municipal recognition of the community sector is improving, the sector's capacity to promote civic engagement is impeded by inadequate and unstable funding and the lack of recognition of the sector's role in supporting community advocacy. 14 Toronto Redefining Local Democracy. Toronto's amalgamation heightened sensitivity to the importance of local democracy and there is a strong sense that the current municipal administration will strengthen civic engagement, such as through the participatory budget process. The community sector is very active in giving voice to marginalized communities, but this is difficult in an environment where many smaller emerging groups representing newcomers to Toronto lack access to resources and where funders prefer to support direct services over community advocacy, Edmonton Recognizing the Validity of Citizen Voices. In a political culture dominated by the province, active and meaningful citizen participation in the Edmonton civic decision - making process requires an explicit commitment at the political and administrative level. Structures and processes are needed to respect citizen input and to convert a technocratic and plutocratic decision - making process into a democratic and equitable one. The quality of civic engagement in Edmonton would be greatly enhanced by adequate, stable, core funding provisions to the community sector and civic support for the development of good community participatory process. Vancouver/ Engaging More Diverse Groups. Youth, newcomers, North and people with disabilities are recognized as prime Vancouver groups for civic engagement strategies. While some progress has been made with youth, more joint and comprehensive planning between the municipal and community sectors and greater resource investments are required for a more inclusive involvement of the full diversity of the community. 15 Dimension: Human Development (Early Childhood Education, Publicly Funded Education, and Recreation, Arts and Culture) Cities Major Themes Saint John Under- funding Child Learning and Development. Underpaid and overworked staff in schools and non - profit community childcare and arts /recreation programs make valiant efforts to support the growth and development of Saint John's children, but are struggling for lack of resources, especially for children with exceptional or special needs. Low - income families, especially single parents, are particularly disadvantaged in terms of user fees for many children's programs and the cost of transportation. Burlington Struggling to Respond to Diverse Needs with Inadequately Funded Systems. Burlington has a good base of high quality local childcare, other children's programs, and community schools, but all are under - funded. There is concern about inadequate outreach and responsiveness to the needs of newcomer families. Low- income families and families with disabled children do not have equitable access to childcare. Funding cuts to social services have placed a heavier burden on public schools at the same time as the school system itself has experienced severe funding constraints. The major barriers to more inclusive arts and recreation programs are user fees and inadequate public transportation. 16 Toronto Risking the Stability of High Quality Learning Systems. Toronto boasts a high quality network of childcare programs and family resource centres with well- trained, culturally sensitive, but poorly paid staff. Lack of affordable childcare spaces is a major barrier to low - income families. A solid school system is suffering from under- funding and threatened by statutorily imposed policies (zero tolerance of the Ontario Safe Schools Act), which are resulting in inequitable disciplinary treatment within schools. The City and community groups offer a good range of arts, culture and recreation programs but their benefits are attenuated by user fees for many programs and lack of access to low cost public space (e.g. reduced access to community use of schools) Edmonton . Threatening the Development of Educated and Well - Rounded Citizens. The current non - system of early childhood education does not meet community needs, is highly fragmented and inadequately resourced, and exploits immigrant workers with low wages and no training. The quality of public education in Edmonton is fundamentally sound but at risk. Standardized testing, increasing class sizes, lack of teacher supports, and the loss of non - employment focused subjects (e.g_ arts) undermine a more holistic and well - rounded educational experience, especially for students who are Aboriginal, immigrants, or disabled. Vancouver/ Maintaining Quality to Ensure Inclusiveness. Early North childhood education is high quality with good staff and works Vancouver well in integrating disabled children. But more effective outreach to a more culturally diverse community is needed. The public school system is also high quality but both quality and inclusiveness are threatened by funding cuts. A "back to basics" educational philosophy is narrowing the focus of public education. Loss of quality in the public school system is also creating division in the community as better off families provide more out of their own means for their own children's education. Vancouver and North Vancouver recognize recreation, arts and culture as important areas for municipal - community partnerships and building community leadership_ 17 Dimension: Diversity (Local Governance, Publicly Funded Education, and Police /Justice System) Cities Major Themes Saint John Underlying Divisions Masked by Relatively Homogeneous Population. Diversity is not high in the civic and public consciousness of Saint John, since it is a fairly homogeneous community. This homogeneity, however, masks some underlying social divisions between the mainstream and groups such as poor people and poor neighbourhoods, youth, racial and cultural minorities, and the gay and lesbian community. City Council does not reflect this growing diversity. Schools are beginning to show cultural diversity in curriculum and programming, but with few resources tend to "target the middle" of the student population. Police sensitivity to the needs of youth and the homosexual community has been uneven with hopeful signs of positive change. Burlington Responding to Demographic Changes. The community is largely unaware that Burlington is not homogeneous and universally affluent. Much of the community is intolerant of diversity, particularly diversity of income. Racial and cultural diversity is also increasing rapidly putting pressure on support systems to adapt. Change is occurring among individual institutions and programs, but it is slow and uneven. Local education policy reflects sensitivity to diversity but there is little provincial support to assist with implementation. Similarly, with policing, there is still distance between policy at the senior command level and practice in the community, especially in relation to youth, racial minorities and newcomers. 18 Toronto Shifting Diversity Policies into Community Practice. Toronto has strong diversity policies in its major local authorities, the City, the School Boards, and the Police Services. Diversity policies, however, are not consistently put into practice: (a) Inadequate resources are invested by the City in implementation; (b) School funding cuts have resulted in uneven implementation of diversity practices plus the Province's "zero tolerance" policy unfairly affects certain groups of students; and (c) differential police treatment reported by members of the mainstream population and racial minorities suggests the community experiences "two realities of policing ". Edmonton Adapting Key Institutions to Change. Increasing immigration is creating more diversity in Edmonton, but the major issue is accommodating a growing urban Aboriginal population. Putting diversity policy into practice is inhibited by the municipal level's submission to a provincial political culture and the lack of capacity in terms of the City's revenue base. The public school system in Edmonton has weathered the privatization threat (charter schools) but is stretched to provide schooling that meets the full range of diversity in the population, especially when the dominant philosophy of education is for labour market preparation, Policing and justice systems also need to improve and could benefit from the restorative justice models of the Aboriginal community. Vancouver/ Promoting a Broad Approach to Diversity. Immigration North has heightened public sensitivity to growing ethno- Vancouver racial /cultural diversity, especially Asian. The municipalities have adopted diversity and anti - racist initiatives and have also shown sensitivity to broader diversity issues (e.g. sexual orientation, disability). More proactive municipal outreach and support for more diverse participation in civic life are still needed. Under resource pressures, schools have also demonstrated good policy and practice on diversity, but there is concern about rising educational polarization between "rich" and "poor" schools in Vancouver. There are community issues with respect to the equitability and sensitivity of police relations with youth, racial minorities, and immigrants. In Dimension: Community Services (Health, Crisis Supports, and Mobil itylTransportation) Cities Major Themes Saint John Caring Community But Fragile and Fragmented Support Base. The community sector in Saint John is performing admirably in responding to the health and social support needs of disadvantaged parts of the population. The service base is, however, extremely fragile, stretched to the limits by service demands while heavily under- resourced. There is a strong sense that existing health and social support services are engaged in a holding action struggling to react to and stabilize crisis situations rather than proactively and strategically advancing a vision of an inclusive community for all. As well, there is poor coordination and integration across service sectors even with respect to information sharing and communications. Burlington Creating Adaptive, Responsive Supports for All Parts of the Community. Burlington has a good local hospital but wait -times and unavailability of primary care physicians are major issues. More adaptive, responsive parts of the system need to be developed (e.g. mobile crisis response, community health centres, home care). There is concern about the emergence of a two -tier healthcare system. Emergency housing for youth, mentally ill, seniors, and people with developmental disabilities is wanting. Poverty and the lack of affordable and supportive housing put additional pressure on health and crisis services. Public transit is inadequate, both in routes and hours of service especially in the outer urban areas, and is not affordable to all groups. Access to services is compromised by inadequate public transit. Families with private transportation can access some specialized health services provided regionally out of nearby Hamilton. 20 Toronto Building on a _Highly Developed Health and Social Service Infrastructure. Toronto has good hospitals and a strong network of community health centres that respond to the diverse needs of the population. There is concern, however, about preferential hospital treatment based on class, colour, gender, and immigrant status. Homecare and mental health services need further development. Crisis services are many, but not coordinated and must still build capacity to deliver multi - lingual, culturally sensitive supports. Many groups do not consider the emergency shelter system to be safe. Public transit has deteriorated in quality over the years and has become unaffordable for many. There have been some improvements made in public transit for seniors and people with disabilities. Edmonton Introducing Cultural Sensitivity into Existing Service Systems. The acute care hospital system is good in Edmonton, although there is growing concern about the quality of care and whether all groups get equitable treatment in the healthcare system. Privatization of healthcare is a raging debate in Alberta. The increasing diversity of Edmonton is pointing to the need for more culturally sensitive healthcare models. Although community groups collaborate to provide some good models of crisis response, the overall crisis response system is not adequately resourced and coordinated. Culturally sensitive crisis response services are beginning but are not yet recognized as an essential part of the community service support system. Public transit is not a City or provincial priority, although the City does provide special transportation supports to people with disabilities. 21 Vancouver/ Improving Coordination and Responsiveness to North Newcomers' Needs in Service Systems. Three major Vancouver challenges facing health care in both cities are: (a) more effective coordination of health services; (b) more capacity to respond to the health care needs of an increasingly diverse population; and (c) a more preventative rather than crisis response approach to health care. Both cities need more adequate crisis supports, more culturally sensitive crisis services. The issue of developing a more effective and coordinated crisis support system is highlighted for Vancouver. Affordability is a concern with respect to transit in both cities, but is particularly important in the larger City of Vancouver. Dimension: Living Conditions (Income /Employment, Housing, and Community Safety) Cities Major Themes Saint John . Overcoming the "Quiet Discrimination" of Marginalized Community Members. Although there are many good community initiatives to support low- income people, especially single parent families, that include the support of the business community, an underlying stereotype persists about unemployed and under- employed people in Saint John. This extends to the labeling of certain "poor neighbourhoods" where low- income people are concentrated. High poverty levels, low social assistance rates, rising rents, old, poor quality housing stock, all combine to create a crisis in affordable and decent housing in Saint John, especially for seniors, youth and single mothers. There is a growing recognition of the emerging housing crisis as private sector landlords start to educate themselves about the situation and explore ways to work with renters and governments to improve it. 22 Burlington Dealing with the Reality of "Two Burlingtons ". Burlington is an affluent community in which there is a charitable orientation to those viewed as the "deserving poor" (some seniors, people with disabilities) but less awareness of, and willingness to provide services for others, such as single parents and young people on Ontario Works. There is concern that this "other Burlington" is growing terms of homelessness and food bank usage. Inadequate affordable, accessible and supportive housing is causing some people on lower incomes, with disabilities or special needs to move out of the City. There are concerns about a trend developing toward the racialization of poverty. Toronto Sharing the Prosperity with Vulnerable Groups. Not all have shared in Toronto's economic prosperity over the years, resulting in high unemployment and poverty among certain groups, including well - educated and highly skilled immigrants, poorly educated youth without family supports, people with disabilities, the urban Aboriginal community, young low - income families with children, and elderly single women. Lack of recognition of the credentials and experience of newcomers is a major employment issue in Toronto. Although Toronto is still a City of mixed neighbourhoods for the most part, inadequate and unaffordable housing is a major barrier to inclusion for many, leaving large numbers on the street and in public shelters. Crime rates show Toronto is a very safe community, but public perceptions on community safety vary, and some neighbourhoods feel unfairly stigmatized by the media as high crime areas. 23 Edmonton Distinguishing the "Deserving" from the "Undeserving" Urban Poor. Very negative public and political attitudes towards people living in poverty are a major barrier to inclusion for welfare recipients, chronically unemployed people, newcomers, and Aboriginals. Mother -led single parent families are accorded slightly more consideration, but still not full respect and dignity. These attitudes translate into inadequate policies and programs for the provision of decent income supports and employment opportunities. Affordable housing is a growing problem as housing supply is pretty much being left to the private sector, which is only meeting the demand of the high end housing market. There is some public and political support for supportive housing options for seniors and people with disabilities. There is not a shared sense of community belonging among all groups. Certain groups report differential treatment by police and other civic authorities based on where they live (inner city), their age, their income level, their non -white or non -Euro- Canadian identification. Vancouver/ Engaging More Diverse Groups. There is a strong North recognition of the wasted human potential and loss of Vancouver economic productivity resulting from barriers to the labour market facing certain parts of the Vancouver and North Vancouver population, such as Aboriginals, immigrants, people of colour and youth. A combination of better economic and labour market planning, cross - cultural education and training, and removal of the discriminatory and regulatory barriers to gainful employment for skilled newcomers would significantly improve inclusion in income and employment. The availability of affordable housing is a major issue in both communities especially for seniors on fixed incomes, youth, people with disabilities and urban Aboriginals, but including parts of the middle class also struggling with the high housing costs. In both Cities, there are clearly identified neighbourhoods stigmatized as not good or desirable places to live and as high crime communities. Certain identified groups in both Cities have higher safety concerns than the general population, which affects their quality of life. 24 2.4 Cross - Canada Findings: Cross - Cutting Issues While the preceding identifies major themes emerging in each of the participating communities in the ICC, the research also points to inclusion issues that cut across communities as far apart geographically as Saint John in New Brunswick and Vancouver /North Vancouver in British Columbia. This section summarizes some of these cross - cutting issues relevant to building inclusive urban communities in Canada. Intensifying and Converging Demographic Challenges "We live in the same house, but we haven't been in the same room for some time." (North Vancouver Participant - Squamish Indian Reserve) "The govemment should be using immigrants to increase the richness of the country, not to increase poverty ". (Burlington participant) "The breakfast club is promoted as if you are having a busy morning, not just for poorer kids. Kids get the message that everyone is OK. " (Saint John participants) "Why do we celebrate differences instead of similarities? So many times we look for differences; we need to look for similarities and ways to connect. We need to have both. Celebrate both similarities and appreciate the richness of the differences." (Edmonton participant) "1 found that we all have the same problems, just in different languages." (Toronto participant) Demographically, the participating ICC communities appear to present a study in contrasts, ranging from the tremendous and increasing racial and cultural diversity of Toronto and Vancouver /North Vancouver to the relatively homogeneous populations of Burlington and Saint John, with Edmonton somewhere in between. Actually, all five urban areas reflect the face of a rapidly changing urban Canada in which diversity is taking many shapes and forms. Burlington, historically a relatively homogeneous and affluent community, is experiencing growing demographic change with both more culturally and racially diverse settlement and concerns about an increasing low- income population. Saint John is also struggling with responding to the needs of new racial and cultural minorities as well as to the voices of historically marginalized populations such as the gay and lesbian community, seniors and people with disabilities. Edmonton is challenged to include in its economic prosperity not only a growing immigrant population, but also the Aboriginal migration from rural communities into the city. M, Diversity in Canada is intensifying in many ways that reflect cultural and identity variation, structural disparities in access to resources (e.g. poverty and homelessness), and historical exclusion (e.g. Aboriginal, disabled, gay and lesbian communities). This intensifying form of diversity is also converging primarily on Canada's urban communities. The complexity of the diversity confronting urban communities demands more flexible and adaptive policy and support frameworks from provincial and federal governments. "One size fits all" does not accommodate the variety and degree of diversity with which urban communities are contending. Further, uniform, standard, and rigid policy frameworks will impede the capacity of municipalities and their communities not only to accommodate intensifying and converging urban diversity but also to benefit from the social, economic, and cultural contributions to civic and community life that such diversity offers. Good Governance "There is something wrong with a city of 150,000 people having only seven people representing you, and this adds to the apathy that is already there." (Burlington participant) `All levels of government have gotten way too afraid of people. They do too much in the back room. They need to make decisions openly so people know where government stands, instead of trying to hide behind so many layers." (Saint John participant) "It should not be so hard for people to be heard [at City Council]. !t is very skewed to developers and lawyers to be heard. It is definitely not an inclusive process." (Edmonton participant) "Many things that are really impacting people's lives are happening at the local level — local governments are trying to respond to concerns people have despite not having the mandate." (North Vancouver participant) The municipal level of government has traditionally been the "poor cousin" of Canadian federalism. Yet, municipalities increasingly find themselves dealing with the impact of senior government policy decisions at the local level. As a result, pressure is mounting to provide more resources to accompany the greater responsibilities that have fallen to local government. This presents the challenge of raising public and political consciousness about the important dual role of the municipal level of government as both a public service provider and a local democracy. Both have implications for creating 26 inclusive communities. As a public service provider, the municipality must ensure equity in its policy and practice. As a local democracy, it must ensure that all community members have access to the decision- making process on civic affairs, It is important that good municipal governance not just be limited to structures and processes for executive level decision - making, but that it also "open -up" access to the planning and policy- making process, especially to historically marginalized groups. Focus group participants referred to strengthening the local democratic process through various forms of electoral reform. For example, introducing the ward system was suggested in Saint John so that poorer parts of the community would be assured of representation on City Council. Awarding the municipal franchise to newcomers who are local residents as a form of "civic citizenship" was discussed as a possibility in Toronto community feedback sessions. Focus group participants generally recognized that revitalization of the democratic culture at the local level would depend on encouraging the participation of the full diversity of the community with special efforts and supports to include those traditionally excluded (e.g. youth, ethno - cultural minorities, newcomers, etc.) Civic Engagement of Youth "Youth engagement requires special skill sets to step away from bureaucratic level and break down the gap between "grown -ups" and us — youth need it demonstrated they can make a difference and their participation is genuinely valued." (Vancouver participant) "We don't work with youth very well so that by the time they are old enough to vote, they know very little about municipal government. We teach them about federal and provincial politics but not about municipal. We don't teach them how - the mayor and council work." (Saint John participant) "Youth are welcome if they are part of a program or an initiative, but if they are just hanging around they are not welcomed. Most of the time the community hall is closed so they congregate in the mall." (Edmonton participant) "Voting doesn't really affect us because it doesn't matter who wins — they [politicians and government decision - makers] don't listen to us." (Youth participant in Burlington local sounding) The inclusion of youth was a major concern in all the participating cities. Children and youth are seen as the natural beneficiaries of affordable early childhood development programs and good schools. But income supports, employment, affordable housing, and community services to disadvantaged families were also 27 identified as important to the healthy development of children and youth. Beyond educational and service supports: however, community focus group participants in all six cities felt that more action was needed to involve youth in civic and community affairs. Ideas for youth engagement strategies ranged from lowering the age qualification for the municipal vote to more coordinated approaches between the municipality and the school system on civics education. This is one area of local responsibility where municipalities and communities can take the initiative without needing to depend on action or support from other levels of government. Civic Citizenship and the Public Education System "The ideology of the day is that education is about employment. if you can convince govemment that it gets people off welfare, you can get funding." (Edmonton participant) "We need to re -open our schools up. This idea of kids per square footage is worth so much is nonsense." (Toronto prticipant) "Teachers have been under attack, creating a decline in morale which spreads like a cancer throughout the school." (Burlington participant) "There are some incredibly wonderful things going on -- many of these wonderful programs are highly in danger." (Vancouver participant) "Millions go into the schools but lights out at 3:30." (Saint John participant) Related to the previous point, participants in all the ICC cities commonly recognize that a strong public school system is critically important to the future of Canada's children and youth. Despite funding cutbacks in education in recent years, government educational philosophies emphasizing schooling primarily for the job market, and threats of fragmenting the school system via privatization, there is a general sense that, although weakened, the central core of the public education system has held. In most communities, however, the public school system's capacity needs strengthening, especially since a more diverse student population is presenting itself in city schools. Participants in community focus groups and local soundings and feedback sessions across all cities consistently saw the public school as an institution central not only to the well -being of their children but to their communities as well. Their discussion on human development as an inclusion dimension articulated the following compelling and coherent vision of what constitutes an inclusive public education system: 28 ■ Pursuing the primary mission of creating graduates who are "civic citizens" prepared to make their contribution to the community and Canada, socially, culturally and politically as well as economically. Blending the common core values of the society with respect for the requirements of the wide diversity within it in both what is taught and how it is taught. ■ Grounded in the notion of the school in and of the community and available to the community for multiple uses. • Connecting seamlessly with the child and family as they enter the school years and as the young graduate moves on to further educational or work pursuits. ■ Engaging actively parents in the life of the community school and the education of their children. Public Commitment to Developmental Growth from the Early Years "There is a generally accepted ideology that children are basically the responsibility of parents. The provincial government still thinks women should stay home and don't value the contribution that women make to the economy. " (Edmonton participant) "The pre - school system is pretty good, It's the people who are not in, whose needs are not being addressed, that's the issue." (Vancouver participant) "Daycares are not required to take children with special needs, They can refuse applicants." (Saint John participant) "Quality is high but affordability is low." (Burlington participant) Across the country the belief in the value and importance of high quality early child development programs is strong. Community leadership and dedicated staff have demonstrated how to develop and deliver high quality childcare and other family and children's resource programs despite funding constraints. This is not sustainable as low pay, poor working conditions, and lack of professional development opportunities threaten the ability to maintain quality early childhood programming, Access to child care is also highly inequitable mostly for affordability reasons. Long waiting lists and inadequate subsidies mean low- income families, especially modest income and working poor families and single parent families, are denied access. In addition, poor outreach and support to newcomers and families with children with special needs present further barriers. 29 Increasingly, universally accessible early child development programs are seen as critical not just as a support to individual families but as an issue of early growth and development for the well -being of children and the quality of the Canada's future human resource base. Community Safety Beyond Policing "Why are they allowed to do that to us? Who holds the police and `rent -a -cops' accountable ?" (Youth participant in Burlington local sounding) "We need police that get to know the community and not be seen as just enforcers but rather be part of the community as people who are there to help with what we need." (Toronto participant) "Economic issues end up in the lap of police who have less capacity to deal with them.... There is a lack of capacity on the social side so things end up in the justice system." (Edmonton participant) "Did snapshot of kids in custody. 85% said they got in trouble because they were not involved in anything, they were bored." (Saint John participant) 'A woman in a wheelchair cannot leave her front entrance because of the steps there, so she uses the back exit which goes into an alley. She is however afraid to use that exit at night so finds herself staying at home at nights." (Vancouver participant) "Seniors perceive whatever is happening in Vancouver will happen here.. _ . The more we build communities where people know each other [the better] "." (North Vancouver participant) There were strong feelings among community focus group and local sounding participants about community safety. Much of this feeling had to do with policing and a sense that police did not treat some groups equitably, youth and racial - cultural minorities in particular. Participants in several communities, Vancouver /North Vancouver and Saint John did acknowledge that police were making greater efforts to improve their relations with youth and other groups. Burlington participants gave the police a ringing endorsement in this regard. In general, focus group participants recognized that senior police command had adopted more explicit policy on equity and respect for diversity in police services. Still, in many cases this had not translated into consistent police practice in the street. There is a need to re- negotiate the police - community relationship in order to establish trust and understanding and to set clear expectations about equitable treatment for all as well as police accountability to civilian authority. Negotiating KZl7 a new relationship will require mutual commitment and patience on the part of both the police and the community, especially in those urban areas where there have been particularly difficult relationships up to now. Focus group participants, however, recognized that the issue of community safety too often focuses primarily on perceptions about crime levels, concerns about police behaviour, and media images about certain "unsafe" neighbourhoods. Other community safety issues such as safe access to public places for seniors, people with disabilities, women and children get less public attention. An inclusive approach to community safety needs to encompass a broader perspective such as street lighting, volume and speed of vehicular traffic, built- urban form that encourages social interaction ( "eyes on the street "). It needs to be more proactive and preventive and encompass more than police- community relations. More collaborative models of community policing should also extend to more responsibility for all community residents and groups to ensure that everyone feels safe and secure in any neighbourhoods and throughout the entire city. Failure of Market Model to Create Growth with Equity "To say there are vacant units in the city is like walking into a grocery store and saying, `There is no hunger in the city, look at all the food'. "(Toronto participant) `Burlington is a terrible place to be poor. " (Burlington participant) "Sustainability of employment is so critical for inclusion — sustainable in the sense it pays a living wage, has some benefits, and is stable - not month to month, or even year to year." (Edmonton participant) "I think you are going to see rents increase over next five years. This is not good. How do you make affordable housing? Rents yes, but also look at the income that people are making." (Saint John participant) "If we had an inclusion policy, before we make public policy or decisions, we had to look at policy and ask `how does it effect people in poverty'? ... Why is that lens not there when people are making these decisions ?" (Saint John participant) "Growing gap even formiddle income peoples. People are living in leaky moldy places. Gap between the wealthy who can afford high priced housing and those who are low income ... but also those with middle income who can't afford housing here." (North Vancouver participant) if In all the communities, focus group and local soundings participants consistently rated living conditions as the least inclusive dimension of all. They identified growing disparities in income, employment and housing as the major divisive forces within their communities, especially affecting certain groups such as newcomers, youth, racial minorities, Aboriginal people and young families. Many participants recognized that the future economic prosperity of their cities and the country rests on investing and developing these very same human resources so that the whole population shares a stake in their inclusion. This recognition was expressed most frequently with respect to concerns that immigrants be better supported in settlement so that they do not give up on Canada and return to their native lands and that youth receive the support they need so that they choose to stay in their communities rather than look elsewhere in Canada or globally for economic opportunity. Participants were aware that the world has changed and become more internationally competitive. They felt, however, that too much essential social infrastructure has been sacrificed to the belief that only growth in the market economy, low taxation, and reduced public services will produce economic prosperity. The failure of this formula is reflected in increasing inequities in income, erosion of decent jobs in terms of permanent employment, decent wages and adequate benefits, and lack of affordable and safe housing for all community members. Participants also realize that it is municipalities and community -based organizations that are contending with the realities of this growing polarization within Canadian urban communities, since the provincial and federal governments have downloaded responsibilities without sufficient resources for social and economic supports to the local level. Arts, Recreation and Cultural Acivity as Integral to Vital Civic Life "Many people won't find success in work or school setting but may excel and be able to participate%ontribute in an arts or recreational setting. It's an impoverishment for society when we don't allow their capabilities to be developed." (Edmonton participant) "Officials need to put more value in recreation — the hot campaign topic is not recreation but sewers, water, roads." (Saint John participant) "Culture is always the first to be 'axed'." (Saint John participant) "People from lower incomes are not participating; we are working on strategies to reach unemployed youth; many seniors are too proud to ask for a subsidy." (North Vancouver participant) "Stuff is expensive —everything costs money. The punk show is reasonable." (Burlington Youth participant) 32 Across all participating communities, arts, recreation and cultural programming are highly valued as major contributors to the quality of community life for all residents. The benefits vary by population sub - group: • seniors avoid isolation within the community through access to arts, cultural and recreation programs, both as users and as volunteers; • people with disabilities can become more engaged in community life through such activities; • newcomers can both make helpful connections with others through arts and recreational opportunities and also share their own cultural heritage through multi - cultural festivals and events; and • children and youth can develop their talents, skills and abilities in both formal arts and recreation programs and informal activities. The potential for promoting human development, social interaction, and community inclusiveness through stimulating community arts, recreational and cultural programs is well recognized. As well, this is seen as a natural area for strong municipal and community collaboration. Most research participants acknowledged, however, that there were still issues of accessibility for some groups to the arts, recreational and cultural life of the community, Barriers identified included: cost, specifically user fees for many activities, and lack of subsidies for individuals and families on low incomes; lack of availability of community space, especially for less formal programming and leisure activities; and transportation issues again related to the cost of transit fares but also to the lack of public transit coverage for people living at some distance from arts and recreational venues. As well, there was growing recognition that as Canada's urban communities become more diverse, there must be greater sensitivity, inclusiveness and responsiveness in the programming developed and provided and in the outreach to new communities to encouragement participation. Community -based Agencies as an Essential Part of Civic Social Infrastructure "Mandates are stretched, especially when other organizations go under. "(Burlington participant) "Advocacy is a dangerous word — immigrant serving agencies are told they are not permitted to advocate, so they only now get to network." (Vancouver participant) 33 "What percentage of our taxes is the provincial government using up without providing a service. If I knew that my taxes were going to provide services, I wouldn't mind that. " (Saint John participant) " Funders need to provide core funding rather than project funding — and it is going the other way with the outcomes based stuff, • as opposed to giving people money to build and organize their own organization — that makes them sustainable. Projects end." (Edmonton participant) The downloading of the last decade or more did not just place a greater burden on municipalities but also on community organizations and support groups in the non - profit sector. This occurred at the same time that the funding relationship of the community sector started to change significantly. Funders, including provincial and federal governments, began withdrawing from funding community groups for basic operational capacity (i.e. core funding) and shifted to funding for programs targeted to specific groups with narrowly defined needs. Funding patterns forced the community -based sector to concentrate on service delivery for more marginalized populations frequently for crisis relief. The sector's capacity for work on prevention, community development, or civic engagement was reduced. In all cities, focus group participants also pointed out that both funding criteria and regulatory restrictions placed a chill on the community sector's advocacy activity. Focus group participants in all cities argued that governments at all levels should recognize and support the role of the non - profit community -based sector in promoting social harmony and active civic engagement in addition to providing important community services. The community sector was considered an essential part of social infrastructure requiring stable and secure core funding. As well, the role of the sector in promoting voluntarism and advocacy should be seen as contributing in an important way to civic engagement and participation in the democratic process. These are particularly important integrative functions of the community sector for certain populations such as youth and newcomers to the country. Focus group participants also felt that the community -based sector had to show better performance in some areas such as more inclusive, responsive and innovative outreach to the whole community to engage and involve groups such as youth and immigrants. They also felt it important to support unorganized communities to get access to resources to develop their own community organizations. 34 Public Places and Spaces to Promote Social Interaction "if we could truly make schools a community centre, we would have senior's clubs there, free meeting space, go there to have blood test instead of way out to hospital. " (Saint John participant) "Schools are seen as owned by the school board and not seen as community buildings." (Edmonton participant) "There's not enough hanging out space — so youth use the malls. " (Vancouver participant) "Cost is the most significant barrier to public space." (Burlington participant) "User fees close the door on newcomer immigrant groups organizing, coming together, and meeting." (Toronto participant) Focus group participants in all cities felt that policies, programs, and practices that encourage and promote social interaction among diverse populations served to counter inter - generational divides, economic inequities, barriers to physical access, and ethno - cultural and racial stereotyping. Therefore, the existence of a healthy and accessible stock of public places and spaces in urban communities is a valuable physical resource. There was also a heightened awareness of the value of multiple uses of public facilities for a variety of community purposes and uses, which promote inclusive communities. Places like community centers, libraries, and well -kept public parks were identified as examples, but most consistently across all the cities, research participants saw the local school as the prime example of a public facility for wide - ranging community uses beyond just schooling their children. Cultural Sensitivity to Community Service Delivery "Question: Do newcomers have access to ... appropriately trained and culturally sensitive staff? Answer What planet are you living on ?" (Burlington participant) "The North Shore does not always have the resources to deal with [diversity in healthcare] issues. It's a growing problem with more diversity in the region." (North Vancouver participant) "Limited capacity to respond to 'foreigners' [in crisis]." (Saint John participant) 35 "But culturally sensitive is considered nice to have, instead of critical to have, so it is not the norm and funding is hard to get. On the up -side, it is becoming more recognized and we are becoming more responsive to cultural diversities." (Edmonton participant) Sensitivity to culturally appropriate and responsive human services started to increase in Canadian cities about two decades ago as their populations grew with the arrival of new immigrants in large numbers from non - European sources. Equity policies and settlement support programs, though, were among the first to suffer when funding cutbacks and fiscal restraint became the order of the day in the 1990s. As a result, even in very racially and culturally diverse centres such as Toronto and Vancouver, there is still an unacceptable gap between the policy and practice of providing culturally responsive health and social services. Notably, focus group participants in the more culturally homogeneous communities of Saint John and Burlington recognized and welcomed the increasing cultural diversity within their populations, but expressed concern about being adequately prepared to develop and adapt their service systems accordingly. In Edmonton, the challenge is both to respond to the needs of growing immigration as well as more culturally diverse migration from other parts of Canada and a rapidly growing urban Aboriginal population as more people wish to share and contribute to Alberta's economic prosperity. The challenges facing both the municipal and community service sectors extend far beyond their own existing resource bases. Provincial and federal governments must provide support. As well, some focus group participants expected the federal government to have a more conscious urban strategy, which coordinated more effectively its immigration policy and its settlement support policy and programs as well as assisting Aboriginaf people to make successful transitions from rural to urban communities. Urban Mobility as an Important Inclusion Issue "Pedestrians are not #1 like the City of Vancouver policy states." (Vancouver participant) "A disabled person couldn't come [to the focus group] today because she couldn't get DA TS [Disabled Adult Transit Service], so the availability of transportation is still an issue." (Edmonton participant) "People in Kennebecasis Valley have moved into Saint John so that they can use the bus." (Saint John participant) "The poor and marginalized use public transportation. There's a difference in service for the 'deserving', such as seniors, who are somewhat served, and the `undeserving "` (Burlington participant) 36 "They integrate the subways with elevators, but the month has thirty days and the elevators don't work for twenty - eight." (Toronto participant with disability) Focus group participants in all cities saw mobility and accessible transportation within urban communities as a major inclusion issue. Although the particular barriers varied somewhat, the affordability of transit fares for people on low incomes was identified as an issue in all communities. In Saint John inadequate route coverage also presents problems for people living in more outlying poorer neighbourhoods. In Burlington the automobile rules, and the use of public transit is a bit of a mark of an economic divide. In Toronto, a basically good public transit system was criticized for occasional shortcomings in the quality of staff interaction with the public, especially certain groups such as youth and newcomers. Focus group participants did acknowledge that their municipal governments had made efforts to provide special public transit for seniors and people with disabilities, although problems remain with the flexibility and timeliness of current systems. It was clear that barriers to mobility within the urban community interfere with a person's ability to fully experience and participate in community life in very important areas such as employment, access to healthcare and civic engagement. The main mobility differential appears to be access to an automobile and the income level necessary to support this expensive and private mode of transportation. Adequately subsidized public transportation systems that keep fares low, provide good geographic coverage with regular routes and reliable schedules, and accommodate seniors and people with disabilities would be the great equalizer in this regard. Further, as private car travel becomes more expensive in the future, good public transit systems promise to become the common mode of getting around the city for everyone. 37 Section 3 Building a New Canada: Challenges and Priorities 3.1 Context The Inclusive Cities Canada initiative provides an important opportunity to hear civic voices from five urban communities in different parts of the country on the social health of major Canadian cities. The ICC initiative has captured the perspectives of community leaders, committed volunteers, front -line service workers, municipal officials, and expert contributors who participated in focus groups and soundings in their respective communities. The ICC National Symposium in Ottawa on November 27 and 28, 2005 is an occasion for local participants to begin a national dialogue across cities on the future of their communities and their country. There is a growing recognition that Canada has become an urban nation. Nearly 80% of Canadians live in large, medium, and small municipalities that span the country. Four large urban regions centered around Toronto, Montreal, Vancouver, and Calgary- Edmonton now contain 51% of the Canadian population. Cities are major contributors to the wealth of the country, and to the revenue base of senior governments. Urban areas are centers of high value added production, essential to Canada's ability to succeed in global trade. Canadian cities are facing significant social changes. Each year Canada receives over 225,000 newcomers from every part of the world, of which 75% first settle in large urban regions. In recent decades, there has been a significant movement of aboriginal peoples from First Nation territories into cities. Disinvestment by senior governments in social housing have created conditions of homelessness and dislocation in cities. Chronically high levels of child and family poverty contribute to urban neighbourhoods of disadvantage. Alienated youth in large cities with limited pathways to opportunity turn to drugs and violent crime which heightens everyone's sense of insecurity. Social disparities between areas of advantage and neighbourhoods of disadvantage are becoming more pronounced, with evidence in large cities of potentially dangerous racial divisions in the quality of urban life. The civic focus on social inclusion reflects the recognition that it is within larger cities that a new Canada is being created and experienced. An inclusive Canada will be grounded in cities that reduce economic disparities, value cultural differences, affirm shared values, sustain common institutions, engage all residents, promote community initiatives, and strengthen mutual trust. Current public policy literature focuses on the significance of place in national responses to globalization. There is a new optimism that countries can pursue both social equity and economic efficiency if domestic states of cohesion are strong. National cohesion is nurtured in the solidarities of civic communities. The social fabric of cities is fragile. Persistent disparity of opportunities and chronic ethno- racial discrimination can erupt into civic rage, evident recently in the suburbs 38 of Paris. Weak public infrastructures, depleted through decades of disinvestment, can lead to the civic abandonment of the most vulnerable as witnessed in News Orleans during the Katrina tragedy, Cities of solitudes can contribute to the creation of divided countries. The five sites in the ICC initiative reflect the new Canada. Four cities - Vancouver /North Vancouver, Edmonton, City of Toronto, Burlington [Greater Toronto Area] - are located within the largest urban regions of the country. The fifth city, Saint John [New Brunswick], is beginning to experience the social challenges of inclusion and provides a glimpse of an urban community in transition. Each city is a microcosm of broader conditions and challenges within Canada. In all cities, the deterioration and disparity of living conditions is perceived by respondents as the greatest threat to inclusion. This is the legacy of economic and fiscal strategies which have led to growth without equity. Cities are contending with common and distinct challenges of addressing diversity - respecting the historic status and civic requirements of urban Aboriginal peoples [Edmonton, Vancouver], supporting immigrants and refugees [Toronto, Vancouver], sustaining racial diversity in population growth [Burlington], making their city more attractive to immigrant settlement [Saint John]. All cities are struggling with ways to engage youth in civic life, strengthen public schools as community places of inclusion, extend opportunities for early learning /child care and recreation /arts experiences, secure funding for the essential work of community -based agencies, ensure extended mobility within and across urban regions, promote active resident participation in local governance, develop collaborative models for community safety. The work of the civic panels brought an innovative approach to policy development. Each panel was co- chaired by a senior municipal official and a senior community leader. Panel members were from diverse civic sectors and cultural backgrounds. They brought informed and committed perspectives to their recommendations. The panels demonstrated that civic leaders from different regions of Canada shared many common concerns, and proposed a wide range of complementary priorities in their reports. The promise of the civic panels is that national perspectives and priorities on important issues can be initiated from the ground up and developed horizontally across civic communities. This is the model for a civic - grounded federalism in which people and communities increasingly inform federal and provincial priorities through their participation in local life. The well -being of Canadians would be promoted through developing stronger capacities within all municipal governments to monitor the social health of their cities and thereby serve as stewards of the nation in their communities. Local coalitions and cross Canada alliances could strengthen community capacities to advance civic- focused priorities with senior governments. 39 3.2 Challenges The civic capacity of large and small municipalities to sustain productive communities of social and cultural diversity living in states of relative harmony is a fundamental challenge to the future of Canada. It is within cities and urban regions that the character of the new Canada will be shaped. Canada attracts people from every part of the world who come with their families and talents to live, work, and enrich our communities. Social inclusion then is a promise of common membership and equal opportunity. A focus on inclusion sets a high standard for meeting the promise of Canada. It starts with building cities which value human dignity, welcome civic proximity, and respect social diversity. ICC civic panels have struggled with how to promote inclusion in their communities. Each panel has issued local reports with recommendations which address issues of inclusion in their communities. While the recommendations are city specific, the local reports reveal four central challenges common across the five cities. The challenges are to make local democracy work, affirm urban diversity, reduce disparities in living conditions, and invest in social infrastructures. Together, these challenges highlight the content of a serious social agenda for cities with priorities for action at the civic, federal, and provincial levels. Embedded within each challenge is a national mission whose pursuit and realization can help redeem the promise of Canada. Challenge One - Make Local Democracy Work Mission - Promote Civic Citizenship Civic panels expressed high levels of commitment to the significance of local governments as critical foundations for promoting democratic experiences among all segments of the population. It is within civic communities that people experience the presence of public institutions in their daily lives [schools, hospitals, police], the scope of social and economic opportunities which may be available, templates of transparency and integrity in processes of local governance, the formation of alliances in areas of common interest, and practices of negotiation and accommodation in the resolution of differences. The concept of civic citizenship means recognizing all adult residents of the municipal community as active participants in local governance, with contributions to make and responsibilities to assume as full members. Local democracy is where preparation for the responsibilities of national and global citizenship can be cultivated. In a country of growing diversity, local democracy can nurture formative experiences of cohesion and solidarity. Cities are also places where people can meet and struggle with how to respond to disparities created by forces of globalization. Civic initiatives can help create social and economic conditions for all community members to thrive. 40 ICC civic panels concluded that measures to promote active engagement in civic life should become a common Canadian priority. There were strong concerns to ensure that youth, as the next generation of civic leaders, overcome prevailing cynicism about the relevance of the democratic process, Early experiences of civic responsibility should be part of the transition to adulthood. Similarly, immigrant and refugee newcomers should be encouraged to become fully engaged in local governance as part of the settlement process and exposure to the democratic process of Canadian life. Canadian democracy is strengthened when civic communities demonstrate their commitment to hear and value all voices through open governance. The dominant focus of civic panel recommendations to make local democracy work are as follows: • explore ways cities can extend engagement through use of civic assemblies, community councils, and neighbourhoods settings to inform, consult and report [Burlington, Toronto] • establish an independent inclusion office to promote civic engagement and leadership development [Edmonton] • establish a municipal task force to strengthen inclusion strategies for local governance [Saint John] • develop a "population matrix'/ an 'inclusion fens' to ensure that local governments consult with a full range of people on issues of public significance [Vancouver, Burlington] • extend the municipal franchise to all adult residents including newcomers who have yet to acquire national citizenship [Toronto] • establish youth cabinets and panels to strengthen the input of young people in local governance [Saint John, Toronto] • evaluate and enhance the civics curriculum as vehicles for enhancing student engagement in local political processes[ Burlington] • introduce the municipal franchise at age 16 when young people are still in school and can enhance their civic learning and experience the social significance of voting [Toronto]. Challenge Two - Affirm Urban Diversity Mission - Secure Human Dignity Large cities are the critical places where Canada will either succeed or fail in living with diversities. Canadian cities share a common range of diversities based on linguistic, gender, developmental, religious, aboriginal, newcomer, ethno - racial, and orientation differences. The common presence of these differences means that all cities have to become places which can welcome and value many forms of diversity whatever the intensity or scale of that presence. While more immigrants and refugees come to Toronto, Edmonton must become a place that can also support newcomers albeit for smaller numbers. Similarly, while there is a proportionately large group of Aboriginal peoples who have settled in Edmonton, 41 there are large numbers of Aboriginal peoples living in Toronto. Both cities have a stake in the elaboration of urban Aboriginal strategies based on shared sovereignty and mutual respect. Social inclusion, while compelling in intent, is a complex and contested concept. What appears to have self- evident meaning can conceal layers of conflicting assumptions. At the core of inclusion objectives are issues of who is to be included in what. Inclusion can mean integration and assimilation, in which outsiders are accepted if they live within the normative frameworks of dominant insiders. Inclusion under conditions of diversity can also mean that we have to go through a process of civic renewal in which we learn to recognize and respect differences at the same time as we struggle to discover and sustain commonalities. The outcome of this renewal can be cities of mutual affirmation where civic institutions are pluralized into places that reflect everyone and belong to everyone. Proposals from the ICC panels reveal a strong commitment to affirm urban diversity through the renewal of institutions. The dominant focus ofrecommendations are as follows: • municipalities should actively monitor and profile social changes in their urban populations [Burlington] • cultural competence training should be provided to elected officials, municipal staff, and public service providers [Burlington, Saint John] • leadership equity strategies should be mandated by public and voluntary authorities to ensure that senior management and professional positions in institutions and agencies better reflect urban diversities [Toronto] • greater funding support and collaboration is required from provincial and federal governments to improve immigrant settlement resources [Burlington, Toronto, Vancouver] • schools should become hubs for their communities and welcoming places in which a culture of inclusion is reflected in the curriculum and the classroom [Edmonton, Toronto, Vancouver] • collaborative models of policing that improve relations with minorities and strengthen community capacities and resources for safety are essential [Edmonton, Toronto • support of artists from different cultures and encouragement of cross - cultural diversity events promote civic awareness and understanding [Edmonton, Vancouver] Challenge Three - Reduce Disparities in Living Conditions Mission - Create Common Prosperity Economic and fiscal strategies during the last decade have failed to benefit all residents in Canadian cities. Chronic levels of adult and child poverty, limited employment opportunities, low wage jobs, unaffordable and inadequate housing are serious threats to the social cohesion of cities. When neighbourhood FIN concentrations of disadvantage grow, residential patterns of stigma and separation emerge. This is particularly evident when disadvantage disproportionately impacts urban residents of Aboriginal origin, racial minorities, and recent immigrants and refugees_ Experience in the United States should make it abundantly clear how readily cultural and moral deficiencies can be assigned to the disadvantaged, who are then perceived as civic risks unworthy of proximity and inclusion, The social health of Canadian cities requires a serious commitment from all levels of government to diminish urban disparities through strategies which create common prosperity. There is a new international intelligence, as reported recently by UNICEF and the World Economic Forum, which contends that public investments in human development, advanced research, and civic infrastructures can generate globally competitive clusters of place- centered assets for high value added production. Inclusive pathways to prosperity can be sustained through strategies of smart taxation which advance both social equity and economic efficiency. ICC panels were deeply concerned about the impacts of disparities in their cities, and proposed a wide range of public measures to create more inclusive living conditions; • municipal governments should become strong advocates for initiatives and strategies which address poverty, promote good jobs and living wages, advance gender equity in employment, improve working conditions, encourage local apprenticeships and training, develop plans to deal with homelessness [Burlington, Edmonton, Saint John, Toronto, Vancouver] • provinces must regularly review and adjust minimum wages to ensure that earnings provide for basic adult needs [Burlington, Vancouver] • provinces should adopt the Market Basket Measure of low income [MBM] as the public standard to set minimum wage and social assistance levels [Edmonton] • local governments should actively promote diverse forms of housing in mixed income neighbourhoods, with designs fully accessible to people with physical disabilities [Edmonton, Toronto] • national funding for high quality and culturally sensitive licensed child care is essential to sustain employment opportunities for parents and promote the early learning and healthy development of all children [Burlington, Vancouver] Challenge Four - Invest in Social Infrastructures Mission - Build Strong Communities It is generally understood that cities require infrastructure in order to function. This is because cities are multi- purpose environments of settlement and activity for which basic sustaining assets are required. Traditional understandings of infrastructure focus on assets such as water, roads, transit, ports, utilities, fire, 43 police, hospitals, parks, schools, libraries, and shelter. Less understood are the requirement for a full range of civic assets which can sustain the social well -being of diverse communities and people. Inclusive cities foster a sense of belonging through opportunities for affiliation and contribution in communities of local significance. Local communities can be based on a wide range of affinities- residential (e.g. neighbourhoods, districts), cultural (religious, ethno - national, artistic), institutional (related to learning, health, justice) and economic (corporate, professional entrepreneurial). Social capital can be generated when there are diverse opportunities for affiliation across horizontal networks of reciprocity and trust. A focus on social infrastructure compels us to look at the civic resources required to care for and connect people of diverse backgrounds who share common local environments. ICC panels were quite clear on what these requirements were: senior governments must recognize that community -based agencies and coalitions are essential civic resources and require stable core funding to meet their responsibilities [Burlington, Saint John, Toronto] ensure that the most vulnerable are not denied access to recreation, arts, and service programs through user fees [Edmonton, Toronto, Vancouver] ensure that public spaces are preserved as welcoming civic places to people of all backgrounds and are not used for commercial advertising or corporate branding [Edmonton, Vancouver] public funding should be provided to extend access to public transit within local areas and across urban regions [Burlington, Edmonton, Toronto, Vancouver] fill gaps in crisis services to include 24R emergency response capacities for people with mental illness [Burlington, Toronto, Vancouver] make resources available in local communities to strengthen volunteer skills, provide tools for advocacy [Vancouver] public funding is required for school- community workers to support parents of diverse cultural backgrounds in becoming active contributors to the learning of their children [Toronto] 44 3.3 Priorities for Action The national symposium is an opportunity to identify what should be expected from different levels of engagement and governance in building inclusive cities and urban communities. Some preliminary observations can be offered. Civic Initiatives ICC panels have developed networks and knowledge on the differing dimensions of social inclusion. How to build upon these achievements is a challenge for panels. Some directions to explore might include: finding ways to continue and extend the work of civic panels through new regional initiatives working with municipalities and regions to develop working models to monitor and promote inclusion objectives creating lead models within public institutions and projects to demonstrate how approaches to inclusion can be introduced on the ground. Federal Leadership The New Deal for Cities should explicitly affirm the importance of social infrastructures in urban communities and contribute to the recognitions of this priority through the elaboration of a preliminary strategy for cross Canada research and development. At present, a number of federal departments are pursuing discreet community -based initiatives in their fields. Each area of discreet federal initiative has significance to a department's area of particular responsibility. However, a host of discreet community projects do not in themselves lead to strong social infrastructures in cities. The time may have come for the federal government to consolidate their community contributions into a strategy which generates broader learnings on the development of civic capacities for building strong social infrastructures. These learnings could include the development of indicators, models, and tools drawn from the work of community projects, the transfer of learning and approaches across urban communities, the generation of working papers on priority issues of national significance, and the creation of consolidated funding models to jointly or directly support important municipal advances in social infrastructure development. Provincial Responsibilities Provinces have important roles to assume in building inclusive cities. They can enhance municipal capacities through examining ways to overcome fragmentation in local authorities which become barriers to reviewing and acting upon civic dimensions of inclusion. Provinces can work with municipalities to affirm what are 45 essential services in urban communities, and how municipalities can be assured of the resources required to make these services available as required. Constitutional barriers which limit direct national relationships of cities to each other and to the federal government can be lowered. It is becoming clear in the sophistication and substance of ICC panel work that municipal officials and civic leaders are increasingly formative sources of social intelligence that can shape standards and directions for public institutions in the new Canada. Municipalities draw their enhanced social significance from closer states of proximity with the daily life situations of people and communities, and from greater transparency and engagement in governance. Community -based agencies and coalitions are important sources of direct knowledge drawn from the diversities of their settings. Provinces should seek to strengthen municipal capacities as partners in shared responsibilities, with a respect similar to what provinces expect in their relations with then federal government. MR C 0 CL m V L d CL c O v� to M 7 to Z V C U F U) O fL1 V Bur --a SAy t c c 0 � c c Q � I • C O m n It � � o C Z C O C O E W c 0 C m E n c 0 U C T CD o Ln C? i o a { s6u.IL •6Ay s b c O a m m a C co O 10 ■ O u = C t ° I C A i 0 4 0 0 0 Sf)UI;Qa '6Ay C _O m • C y E c I O 7 ' U i M� W oe c 0 a m I 0 C p p 7 5 c I C u i 0 4 � • S5Ui;eb •6Ay m E O a ° 0 G� o E Z = C C `- 1 c > c �oogr S6Unea -6Ay I� 0 4 0 0 0 Sf)UI;Qa '6Ay C _O m • C y E c I O 7 ' U i M� W oe c 0 a m I 0 C p p 7 5 c I C u i 0 4 � • S5Ui;eb •6Ay h City Hall P.O. Box 1971 15 Market Square Saint John New Brunswick Canada E2L 4L1 €" City of Saint John January 12, 2006 Mayor McFarlane and Councillors Your Worship and Councillors Re: King William Road Back on October 24, 2005 Council made a decision to table an item dealing with King William Road. As a result of this, there is some important information that the Industrial Parks would like to present to Council. On behalf of Industrial Parks, I am making a request that Industrial Parks be permitted to make a presentation on January 30, 2006 dealing with this request. After the presentation I hope that Council will lift this item from the table for full discussion and action. Respectfully submitted d"- (I'r Ivan Court Councillor Encl. SAINT JOHN INDUSTRIAL PARKS McAllister • Spruce Lake • Grandview January 6, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: King William Road BACKGROUND: At its meeting of October 24`h 2005, Common Council referred Report 2005 -310, regarding a request by the Saint John Industrial Parks Ltd. to support the vesting of a 5.5 km portion of King William Road to the City Manager. Council was seeking improved information upon which to make a decision. On November 7, 2005 a Report to Council was submitted hoping to address Council's concerns of October 24, 2005. The report was tabled with minimal discussion. The contents of that report are found below. In the 1970's, portions of the Lorneville and Burchill Roads were stopped up and closed. The Provincial government of the day was in the process of expropriating several thousand acres of land for the development of a major industrial park. The stopped up portions of the right -of -way were assembled with the expropriated lands to form the larger assembly. Such envisioned uses of the mega site included but was not limited to the following: auto port, liquid natural gas terminal, deep sea port and a power plant. The Coleson Cove generating station was the only major development completed. Historically Coleson Cove was accessed by Burchill Road or alternatively the Lorneville Road. Burchill Road's condition eventually deteriorated to the point that NB Power was forced to consider an alternate route. NB Power constructed a new road extending King William Road beyond the existing convenience store (Former entrance of the Lorneville landfill site), traversing 5.5 kmf to Coleson Cove. The road was completed in the early 1990's. The portion of King William Road that NB Power built was never vested as public, essentially leaving NB Power with a long driveway which traversed over the Province's land (NB Department of Economic Development). This portion of right of way is currently used by the public on an every day basis. It was Saint John Industrial Parks Ltd. P.O. Box /C.P. 1971 Phone/T& 506 -649 -6070 Saint John, N8 /N. -B. Fax/Telec: 506 -658 -2837 Canada E2L 4L1 industrialparks ®saintjohn.ca Report to Common Council Page 2 January 11, 2006 envisioned by a number of the stakeholders that the City would vest this portion of road as public right -of -way. ANALYSIS: Saint John Industrial Parks Ltd. (SJIPL) is currently developing a 25 acre Barge Facility site at McGuire's Cove, located off the King William Rd. (non - vested portion), adjacent to Coleson Cove. The project is partially completed. The environmental and economic impact studies have been completed with ACOA funding. These studies have resulted in significant interest from ACOA to complete the terminal development. It is hoped that this project will be completed in 2006 without the need for City funding. Local park tenants Bourque Industrial and Lorneville Mechanical indicate there are contracts they can and will bid for in the event this facility becomes a reality. There has been further interest from around the Province; industrial manufacturers from Fredericton and the Mirimichi have also indicated they will bid contracts in the event this facility is completed. ACOA and the Province have both helped fund this initiative to this point. The ACOA screening process is very onerous. Their support to date indicates they believe this project is viable and important; however it is conditional on the site having public access. SIIPL have also agreed to convey a 30 acre site off the Burchill Rd. This sale of land is valued at $300,000 and would create significant tax revenue to the City. This sale is pending the vesting of the King William Rd as public. In the event the road is not vested as public, the sale will not proceed and the tax benefit is lost. There are other significant developments emerging as future park opportunities. Chinese investors are currently working on a proposal to create a 300 acre Chinese Industrial Park within the Spruce Lake Park, to be located off the non- public portion of King William. These investors have taken residence in the City, are entering an agreement with a local residential developer with the industrial park initiative to follow. Discussions at this time are quite preliminary; however the project cannot be discussed in good faith without the commitment that the right of way issue will be addressed. The SIIPL representatives met with City Engineering staff, Business NB and NB Power to discuss the ROW vesting. The City's Engineering Department indicated that the a resurfacing of the road is important to bring the integrity of the surface back to new, and further suggested there are additional costs to maintain the added length of the road. The cost ofresurfacing is budgeted to be approximately $435, 000 and the annual maintenance costs are anticipated to be approximately $40,000. NB Power has agreed to reimburse the City for resurfacing to a maximum of $435 0000 and has also agreed to provide an annual remittance to the City to offset operating costs in the order of $30.000 annually, decreasing by $3.000 per year until no further compensation would be forthcoming after year 10. Report to Common Council Page 3 January 11, 2006 FINANCIAL ANALYSIS: NB Power has the authority to reimburse the City to a maximum of $435, 000 for resurfacing the 5.5 kilometre stretch. The value was established in 2004 by an NB Power consultant's report. The SJIPL analysed this number and determined that $435, 000 is reasonable with asphalt prices remaining in the mid $60 1tonne range. The stretch of road to be vested is approximately 5.5 km and two lanes wide. The estimated annual operating/maintenance cost to clear snow, salt /sand, paint lines etc is approximately $40, 000 per annum. As previously mentioned, NB Power has agree to provide a declining pay out as compensation with the philosophy that as time passes additional developments /land sales will occur, creating new tax base for the City. The 30 acre land sale offthe Burchill Rd. alone will generate approximately $8,000 in tax benefit to the City ($2.69 per $100 commercially assessed) if the province taxes at the market value. The Barge Facility once completed will have cost a roximatel $1.5 million. The City's portion of taxes from this development will be $40.000. The annual shortfall between revenue received from NB Power and taxes generated versus the incurred operating costs would be almost negligible. Any future development creates a positive position for the City financially. A 300 acre development would clearly be of signif cant benefit to the City. The vesting of this right of way is important to the City. The SJIPL would not be able to complete it land sale, nor invite the public to use the Barge facility with out it. Discussions with the Chinese Industrial Park Developers will not be productive without a legal access to the site. The additional inventory of developable lands will greatly enhance the company's ability to attract development initiatives in the future. The Saint John Industrial Parks Ltd. and the City has the opportunity to benefit immediately from the public vesting of this portion of right -of way; a proposed land sale of 30 acres, once finalized, would immediately create significant new tax revenue to the City. A Chinese Industrial Park concept is gaining momentum the City and SJIPL will be in a position to feature significant new inventory of industrial lands, sizable enough to accommodate this lame initiative. Without the public vesting the Spruce Lake Industrial Park will not have sufficient inventory of land to meet their needs. A vesting of this right of way further enhances the SJIPL's ability to secure funding for the proposed Barge Facility, The ACOA Application for Phase 2 construction funding should be submitted as soon as possible to ensure a timely completion of the project. ACOA however, will not support a project that does not have public access. Time frames for tendering and Report to Common Council Page 4 January 11, 2006 build out of this project are being squeezed. Nesting birds and environmental considerations complicate the scheduling of such a project. Industrial park clients such as Bourque Industrial and Lorneville Mechanical have onportunities to bid lucrative contracts which would require new hires and expansion of facilities, however these opportunities require an ability to barge products. The operators are becoming increasingly frustrated by the perceived lack of support and progress for this project. Business New Brunswick has indicated that this matter will be presented to Cabinet only if the City indicates a desire to finalize the transfer. The terms and opportunities are attractive to the City and Council's support is requested by the President and the Board of the Saint John Industrial Parks Ltd. RECOMMENDATION: 1. That Common Council lift M &C# 2005 -340 from the table on or before January 30, 2006, and further 2. That Common Council direct the City Manager to advise Business New Brunswick to proceed to secure the necessary Cabinet approval and finalize the agreement to facilitate the public vesting of a 5.5 km +/- portion of King William Road as generally shown on the attached sketch. Respectfully submitted, Peter Trites, President Saint John Industrial Parks Ltd. 5- q January 11, 2006 His Worship Mayor MacFarlane and Fellow members of Common Council Your Worship and Councillors, Re; Arts and Culture Funding Support for Arts and Culture in our community has been significant thus far in this Council's mandate. Mayor McFarlane changed the venue for his annual New Year's Day Levee from City Hall to The Saint John Arts Center which allowed Council to profile our beautiful Carnegie building. Council has also been successful with Arts related funding requests from the Province. This has been due largely to the relationships established between the Sports and Cultural Secretariat and our Arts community and the high respect for our Cultural Officer Bernard Cormier, not to mention the strong ties His Worship has with former colleagues. Council's True Growth initiative cites Arts and Culture as an important element of the emerging class and as such Council has supported numerous Art and Culture related events such as Symphony New Brunswick and The Cultural Space Conference "The Creative Municipality" to name just a few. Mayor McFarlane, himself hosted the opening party for Continental Drift International Short Film Festival this past fall. The most significant action taken by Council this past year was the unanimous support of the Art and Culture Policy put forth by the Saint John Community Arts Board. As Council's representative responsible for Arts and Culture, I would like to take this opportunity to publicly thank His Worship and Council on behalf of the Arts Community for their tremendous support and encouragement and also for the $50,000 of new monies provided to the Saint John Community Arts Board in this budget. In reviewing the submitted Budget, I would like to draw Council's attention to the increased flexibility provided in the utilization of the $50,000 if coupled with the $25,000 identified as the Public Art Reserve. With a total of $75,000, Council should be asking the Arts Board how it can get the best bang for its buck in light of the new federal initiative Cultural Capitals of Canada [ I provided Council with related information in our Council kits] This initiative has just resulted in a federal contribution to St. John's, Newfoundland of $550,000. The Board, with staff support, should be requested to give advice to Council regarding whether or not our community should pursue this sort of partnership with the Federal Government. It is a tremendous opportunity and perhaps by reallocating the Public Art Reserve contribution of $25,000 for one year, we too could qualify. THIS WOULD BE TRUE GROWTH. Having said this, I am disappointed that the budget does not contain any assistance to 3 particular Arts groups The Saint John Theatre Company, The Summer Shakespeare Festival and The Continental Drift International Short Film Festival. Each one of these organizations offer learning components targeted at our youth. In addition, the SJTC offers an outreach program developed for our seniors. The CDISFF attracts the film industry allowing Saint John to be profiled as a possible filming site. Visually, Saint John streetscapes resemble larger centers i.e. Boston for example. A film maker can film in Saint John, make it look like Boston and enjoy the added value of the strong American dollar. In light of everything we are trying to do related to True Growth, retaining our youth, attracting and retaining new residents, changing the perception of our community and providing a culturally rich experience for all of our citizens, an additional investment of $20,000 for these three groups is justifiable. Investing in these organizations is not unlike Council's past support for other festivals, even some of our investment in summer programs. I move that Common Council authorize the City Manager to expend $20,000, to be directed to The Saint John Theatre Company, Summer Shakespeare Festival and Continental Drift Film Festival, from any under expenditure or new money identified in the 2006 budget. Respectfully Submitted, [It, -p- k^,LJ Deputy Mayor Hooton January 12, 2006 J Mayor and Council Re: Tolls Settlement and Application for Final Tolls - M &NP Your Worship, Deputy Mayor and Councillors: Maritimes & North East Pipeline will building a Pipeline to carry gas from the LNG — Canaport Plant to markets. If the route is determined to travel through municipal boundaries the City of Saint John should position itself for revenue to be generated from tolls associated with the transmission of gas. I have attached documents obtained from the National Energy Board with clearly indicate M& NP have budgeted approx. 17 million payable in municipal taxes for the years 2004, 2005 and 2006. When the pipeline begins to carry gas in 2008, what municipal taxes can Saint John expect? I believe this is a revenue opportunity and reflects the nature of the motion I proposed and supported by Council to realize revenue opportunities from the transmission of the gas. Motion: refer to staff for investigation and report back to Council on the opportunities for tax revenue fro MN& NP. Regard� /� . Step en Councillor Attachments: 1. National Energy Board Documents 2. Motion adopted by Council On motion of Councillor Chase Seconded by Councillor Court RESOLVED that Council request the Government of New Brunswick to establish an Energy Tax Beneficiary Fund to be paid to The City of Saint John on an annual basis reflecting the additional tax revenue to be gained by the Province through the creation of the LNG Terminal in Saint John, with the City Manager first reviewing the matter and presenting options in the request. Question being taken, the motion was carried. �Nfr 'mes 5_4 tVea st Pipeline 31 July 2003 National Energy Board 444— Seventh Avenue S,W. Calgary, Alberta T2P 0X8 Attention: Mr. Michael Mantha, Secretary Dear Sir: Suite 1640 1601 Hollis Street Halifax, Nova Scotia Canada 83J 3N4 Tel: (902) 425 -4474 Fax: (902) 420 -0253 Web Site: www.mnpp.com VIA ELECTRONIC FILING Re: Maritimes & Northeast Pipeline Management Ltd. ( "M &NP ") Tolls Settlement and Application for Final Tolls January 1, 2004 — December 31, 2006 On June 12, 2002, the National Energy Board released its "Revised Guidelines for Negotiated Settlements of Traffic, Tolls and Tariffs" outlining the principles and information filing guidelines applicable to negotiated tolls for natural gas pipelines, including M &NP. On June 26, 2003, M &NP wrote the Board advising that M &NP had reached a settlement (the "Settlement ") with the members of its Tolls and Tariff Working Group ( "TTWG ") relating to toils for the period January 1, 2004 to December 31, 2006. In its letter to the Board, M &NP included a copy of the resolution titled "Tolls Settlement for Test Periods 2004, 2005, and 2006 "which had been passed by a vote of unopposed resolution by the TTWG on June 26, 2003. In its June 26, 2003 letter, M &NP advised the Board that it would proceed to prepare, pursuant to the Board's June 12, 2002 Revised Guidelines for Negotiated Settlements of Traffic, Tolls and Tariffs, an application for tolls for the period January 1, 2004 to December 31, 2006 incorporating the terms of the Settlement. M &NP hereby submits, for approval by the National Energy Board, pursuant to Part IV of the National Energy Board Act, its negotiated toll settlement filing for January 1, 2004 to December 31, 2006. M &NP's Test Period 2004, 2005 and 2006 MN 365 Toll The terms and conditions of the 2004 -06 negotiated settlement is comprised of the resolution which M &NP had attached to its June 26, 2003 letter to the Board. This is included as Attachment 1 to this application. M &NP's total revenue requirements for each of 2004, 2005 and 2006, toll calculations and applicable detailed supporting schedules, all of which incorporate the terms and conditions of the M &NP Tolls Settlement, are Attachment 2 to this application. The M &NP MN365 toll for the period January 1, 2004 to December 31, 2006 prior to the disposition of deferral account balances is $0.6774 / GJ ($0.7147 / MMBtu). M &NP notes that although the tolling methodology remains unchanged throughout the period 2004 to 2006, M &NP has implemented a levelized toll throughout the upcoming three -year period. As was the case in previous settlements, however, M &NP will adjust the levelized final toll in each of the three years to dispose of the previous year's deferral account balances with the carrying costs incurred or interest gained on any balances deferred being calculated based on M &NP's weighted average cost of capital, Mr. Michel Martha 31 July 2003 Page 2 Revised Guidelines for Negotiated Settlements of Traffic, Tolls and Tariffs M &NP submits that its 2004 -06 Tolls Settlement fulfills the requirements outlined by the Board in its June 12, 2002 Revised Guidelines for Negotiated Settlement of Traffic, Tolls and Tariffs. The 2004 -06 Tolls Settlement is the result of negotiations with the M &NP TTWG which is comprised of representatives of M &NP and any other party interested in M &NP's tolls and tariff matters. As such, all parties having an interest in M &NP's tolls and tariffs have had a fair opportunity to participate and have their interests recognized and appropriately weighed in its 2004 -06 Tolls Settlement. M &NP further notes that the resolution included in Attachment 1 to the application was unopposed at the TTWG. The various cost groups which make up the revenue requirements of $149,1 million for 2004, $145.5 million for 2005 and $139.7 million for 2006 were discussed in detail with the TTWG. As well, the deferral accounts and the disposition of deferral account balances accruing during each year of the settlement period were also considered by the TTWG. The calculation of the negotiated toll incorporating the terms and conditions of the 2004 -06 Tolls Settlement is Attachment 2 to the application_ The schedules and detailed toll calculations included in Attachment 2 clearly outline the make -up of the negotiated revenue requirement for each year of the negotiated settlement as well as the resulting negotiated levelized MN 365 toil for the period January 1, 2004 to December 31, 2006. M &NP notes that the Attachment 2 schedules were prepared in same detail and format as M &NP's Test Period 2003 Tolls Settlement Compliance filing which was approved by the Board on October 31, 2002 pursuant to Order TG -6 -2002. M &NP respectfully submits that its negotiated Settlement and the resulting final levelized toll for the period January 1, 2004 to December 31, 2006 meet the requirement for negotiated settlements as set out in the Board's June 12, 2002 Revised Guidelines for Negotiated Settlement of Traffic, Tolls and Tams. M &NP requests, therefore, that the Board proceed to seek interested parties' comments on M &NP's application for the 2004 -06 tolls and complete its review of this negotiated tolls settlement application. To assist the Board in its review of the application, M &NP has forwarded copies of its application to its TTWG members and observers and to Interested Parties of its RH -3 -2001 tolls proceeding. M &NP appreciates the Board's timely consideration of this application. Yours truly, Ian Leadley Manager, Regulatory Affairs Attachments cc: TTWG Members and Observers RH -3 -2001 Interested Parties L.E. Smith, Q.C., Bennett Jones 1. MARITIMES & NORTHEAST PIPELINE ( "M&NP ") 2004 -2006 TOLL SETTLEMENT Term 1.1 This settlement ( "Settlement ") covers the calendar years 2004, 2005 and 2006 ( "Settlement Period "). Revenue Requirement 2.1 The agreed to revenue requirement for 2004, 2005 and 2006 is ($000's): 2004 2005 2006 1, O &M Expenses* 10,898 10,920 10,943 2. Toll Hearing Costs 0 0 0 3, NEB Cost Recovery 812 832 849 4. Return on Rate Base 62,381 59,845 57,115 5. Depreciation Expense 39,891 40,058 40,230 6, Municipal & Other Taxes 17,956 17,587 17,394 7. Income and Large Corp. Taxes ** 20,670 19,775 16,653 8. IT & Other Revenue (3,500) (3,500) (3,500) 9. Deferrals 10. Total Revenue Requirement * ** 11. Demand Determinants (MMBtu) 6,659,904 6,659,904 6,659,904 12, MN365 Toll1MMBtu $0.7341 $0.7184 $0.6895 13. Settlement Toll /MMBtu * * ** $0.7147 $0.7147 $0.7147 " 2004 O &M will be equal to the lower of either the 2003 Settlement amount escalated by 2.5% or the actual O &M for 2003 escalated by 2.5 %. For 2005, the settlement O &M shall be calculated by escalating the 2004 Settlement Amount O &M by 2.5% and deducting $250,000. For 2006, the settlement O &M amount shall be calculated by escalating the 2005 settlement O &M amount by 2.5% and deducting $250,000. O &M expenses are subject to adjustment in the event of a major M &NP reorganization (See Section 2.2). The reduction in income taxes for expenses incurred with respect to the EnCana Corporation Deep Panuke project are not subject to ciawback by M &NP (See Section 2A). * ** Total Revenue Requirement will be adjusted for prior year deferral account balances. * * ** The MN365 Toll is levelized during the Settlement Period (See Section 3.1). 2.2 In the event that M &NP undergoes a major reorganization (for example, full relocation of Halifax office operations), any net savings to O &M expenses resulting from the major reorganization shall be shared between M &NP and the shippers. -2- 2.3 M &NP shall continue to allow 100 percent of its bank debt to float throughout the Settlement Period. For tolling purposes, M &NP will utilize a floating debt rate based on a 90 -day T -Bill forecast rate of 3.25 percent plus applicable spreads for 2004 ( "Short -term Debt Rate "), For each of 2005 and 2006 the TTWG agree to review the Short-term Debt Rate. Note that a deferral account will be in effect for this account for each year of the Settlement Agreement. 2.4 Any reduction in income taxes claimed by M &NP during the Settlement Period arising from costs incurred with respect to the EnCana Corporation Deep Panuke project ( "EnCana Costs ") will not be recovered from shippers in a future period, regardless of whether or not the EnCana Costs are subsequently placed into rate base. Shippers' agreement to M &NP claiming any such tax deductions is on a without prejudice basis and has no bearing on any position shippers may take in the future with respect to the appropriateness of the EnCana Costs being placed into rate base. 3. Toll 3.1 M &NP's levelized MN365 toll for the Settlement Period is $0.6774/GJ ($0.7147 /MMBtu). This toll will be adjusted during each of 2004, 2005 and 2006 by disposing of the prior year's deferral account balances, consisting of variances between forecast amounts and actual amounts. 4. Deferral Accounts 4.1 The following deferral accounts will be maintained throughout the Settlement Period: (a) IT /Other Revenue; (b) Toll Hearing Costs; (c) Interest Expense; (d) Income and Large Corporation Taxes; (e) Municipal and Other Taxes; (f) Provincial Discounts; and (g) Demand Determinants. 4.2 IT /Other Revenue: This deferral account will be utilized to true up to the IT /Other Revenues once these have been finalized. IT /Other Revenue has been estimated at $3,5 million per year for the prospective calculation of the 2004, 2005 and 2006 cost of service. Pursuant to the current M &NP 2003 Tolls Settlement, any variance in 2003 IT /Other Revenue from $3.5 million will be applied to the 2004 cost of service. During 2004, 2005 and 2006, any variance between the actual IT /Other Revenue and $3.5 million will be charged or credited to the following year's cost of service. Carrying charges incurred or interest gained on any balances deferred will be calculated based on M &NP's weighted average cost of capital, -3- 4.3 Toll Hearing Costs: This deferral account will be utilized to true up to the actual toll hearing costs once these have been finalized. Tall hearing costs have been estimated at zero for the prospective calculation of the 2004, 2005 and 2006 cost of service. Pursuant to the current M &NP 2003 Tolls Settlement, any variance in 2003 toll hearing costs from zero will be applied to the 2004 cost of service. During 2004, 2005 and 2006, any variance between the actual toll hearing costs and zero will be charged to the following year's cost of service. Carrying charges incurred on any balances deferred will be calculated based on M &NP's weighted average cost of capital. 4.4 Interest Expense: This deferral account will be utilized to true up to the actual interest expense once this has been finalized. M &NP will allow 100 percent of M &NP's bank debt to float for 2004, 2005 and 2006. All variances in actual interest costs relative to the forecast Short-term Debt Rate, as defined in Section 2.3, for 2004, 2005 and 2006 will be deferred and charged or credited to the following year's cost of service. Carrying costs incurred or interest gained on any balances deferred will be calculated based on M &NP's weighted average cost of capital. 4.5 Income and Large Corporation Taxes: This deferral account will be utilized to true up to the actual income and large corporation taxes once these have been finalized. Income and large corporation taxes have been estimated at $20.7 million, $19.8 million and $16.7 million for the prospective calculation of the 2004, 2005 and 2006 cost of service. Pursuant to the current M &NP 2003 Tolls Settlement, any variance in 2003 income and large corporation taxes from $18.5 million will be applied to the 2004 cost of service, During 2004, 2005 and 2006, any variance between the actual income and large corporation taxes and the amounts estimated will be charged or credited to the following year's cost of service. Carrying charges incurred or interest gained on any balances deferred will be calculated based on M &NP's weighted average cost of capital. 4.6 Municipal & Other Taxes: This deferral account will be utilized to true up to the actual municipal and other taxes once these have been finalized. Municipal and other taxes have been estimated at $18.0 million, $17.6 million and $17.4 million for the prospective calculation of the 2004, 2005 and 2006 cost of service. Pursuant to the current M &NP 2003 Tolls Settlement, any variance in 2003 municipal and other taxes from $18.7 million will be applied to the 2004 cost of service. During 2004, 2005 and 2006, any variance between the actual municipal and other taxes and the amounts estimated will be charged or credited to the following year's cost of service. Carrying charges incurred or interest gained on any balances deferred will be calculated based on M &NP's weighted average cost of capital. 4.7 Provincial Discounts: This deferral account will continue to operate to account for provincial discounts that are to apply in the Province of Nova Scotia during 2004, 2005 and 2006. -4- 4.8 Demand Determinants: This deferral account will be utilized to true up to the actual demand determinants and associated cost of service once these have been finalized. Demand determinants have been estimated at 554,992 MMBtu /d for the prospective calculation of the 2004, 2005, 2006 tolls. Pursuant to the current M &NP 2003 Tolls Settlement, any variance in 2003 demand determinants from 554,992 MMBtu /d will be applied to the 2004 cost of service. During 2004, 2005 and 2006, revenues /shortfalls attributable to any variances between the actual and forecast demand determinants and the associated cost of service and the original amounts estimated will be either charged or credited to the following year's cost of service. Carrying charges incurred or interest gained on any balances deferred will be calculated based on M &NP's weighted average cost of capital. 5. Key Determinants Unchanged 5.1 During the Settlement Period, M &NP's key determinants of depreciation, capital structure and allowed return on equity will remain unchanged from 2003. M &NP's revenue requirement over the Settlement Period is based on a depreciation rate of 4% for Transmission Plant, a deemed equity of 25% and an allowed return on equity of 13 %, 6. Levelized Toll 6.1 M &NP will levelize its toll during the Settlement Period. The associated carrying charge costs will be calculated based on M &NP's Short-term Debt Rate. The level of M &NP's Short-term Debt Rate to apply to the next year's carrying charge rate will be reviewed annually. 7. Annual Reporting 7.1 M &NP shall prepare an annual toll reporting package updating the implementation of the Settlement, acceptable in form to both M &NP and the TTWG. The annual toll reporting package will provide detail on M &NP's cost of service and will be filed with the TTWG and the National Energy Board. 8. General 8.1 This Settlement represents a balancing of interests by the TTWG members and therefore no single component can be said to be acceptable to any member independent of the entire Settlement. All components of the Settlement are linked and must be treated as a "package" deal. 8.2 The members agree to the terms of this Settlement for the Settlement Period. However, this Settlement sets no precedent nor shall it prejudice any position the TTWG members may take in any other future proceeding regarding any of the matters addressed in this Settlement in any future period beyond the Settlement Period. 8.3 This Settlement is subject to approval by the National Energy Board, 471 & pm�e Volume A Schedule 1 TOTAL REVENUE REQUIREMENT FOR THE TEST PERIODS JANUARY 1. 2004 to DECEMBER 31. 2006 ($000's) Line No. Description 2004 2005 2006 (a) (b) (c) (d) 1 Operating and Maintenance Expense 10,898 10,920 10,943 2 Toll Hearing Costs 3 NEB Cost Recovery 4 Return on Rate Base 5 Depreciation Expense 6 Municipal and Other Taxes 7 Income and Large Corporation Taxes 8 Interruptible Revenue Credit 9 Total Revenue Requirement 10 Demand Determinants Rates ($ /mmbtu) 11 Demand ($ /mmbtu /month) 12 100% Load Factor MN365 Toll Rates ($ /10 *3M *31 13 Demand ($/10 *3M *3 /month) 14 100% Load Factor MN365 Toll Rates ($ /GJ) 15 Demand ($ /GJ /month) 16 100% Load Factor MN365 Toll 0 0 0 812 832 849 62,381 59,845 57,115 39,891 40,058 40,230 17,956 17,587 17,394 20,670 19,775 16,653 (3,500) (3,500) (3,500) 149,107 145,518 139,683 6,659,904 6,659,904 6,659,904 $ 22.3888 $ 21.8499 $ 20.9738 $ 0.7341 $ 0.7184 $ 0.6895 $ 824.63 $ 804.78 $ 772.51 $ 27.04 $ 26.46 $ 25.40 $ 212205 $ 20,7097 $ 19.8793 $ 0.6958 $ 0.6809 $ 0.6536 FA] M, n' reast � S Nor ne CALCULATION OF LEVELIZED TOLL FOR THE TEST PERIODS JANUARY 1, 2004 to DECEMBER 31, 2006 ($000's) 2004 2005 2006 Total Cost of Service Carrying Charges Levelized Cost of Service Revenue Requirement 149,107 145,518 139 683 '+J'i,JVO 404 434,712 Revenue Requirement 2004 149,107 2005 145,518 2006 139,683 Total Cost of Service 434,308 Carrying Charges dnd Levelized Cost of Service 434,19 Z MN 365 Toll (m m btu) 0.7341 0.7184 0.6895 MN 365 Toll (GJ) 0.6958 0.6809 0.6536 Volume A Schedule 2 Pre- Interest Carrying Levelized Toll Avg. Toll Charges Incl. Interest 0.7140 91 0.7147 per mmbtu 0.7140 202 0.7147 per mmbtu 0.7140 111 0.7147 per mmbtu 404 Pre - Interest Carrying Levelized Toll Avq. Toll Charges Incl. Interest 0.6767 91 0.6774 per GJ 0.6767 202 0.6774 per GJ 0.6767 111 0.6774 per GJ 404 NO test np6m Volume B Tolls Settlement Application Schedule 1 TOTAL REVENUE REQUIREMENT FOR THE TEST PERIOD JANUARY 1, 2004 to DECEMBER 31, 2004 ($000's) Line Cross No. Description Amount Reference (a) (b) (c) 1 Operating and Maintenance Expense 10,898 B -6.0 2 Toll Hearing Costs 0 3 NEB Cost Recovery 812 4 Return on Rate Base 62,381 B -2 5 Depreciation Expense 39,891 B -8 6 Municipal and Other Taxes 17,956 B -9 7 Income Taxes 20,670 B -10 8 Interruptible Revenue Credit (3,500) 9 Total Revenue Requirement 149,107 10 Demand Determinants 6,659,904 Rates ($ /mmbtu) 11 Demand ($ /mmbtu /month) $ 22.3888 12 100% Load Factor MN365 Toll $ 0.7341 Rates ($110 *3M *31 13 Demand ($110 *3M *3 /month) $ 824.63 14 100% Load Factor MN365 Toll $ 27.04 Rates ($ /GJ) 15 Demand ($ /GJ /month) $ 21.2205 16 100% Load Factor MN365 Toll $ 0.6958 ®�F 1'fQ 1�GA3L TAXES OTHER THAN INCOME TAXES TEST PERIOD 2004 VERSUS 2003 SETTLEMENT ($000's) Volume B Tolls Settlement Application Schedule 14 Line Test Period 2003 No. Description 2004 Settlement Variance (a) (b) (c) (d) Municipal Taxes 1 Nova Scotia 2 New Brunswick 3 Total Municipal Taxes Business Occupancy Tax 4 Nova Scotia Provincial Capital Taxes 5 Nova Scotia 6 New Brunswick 7 Total Provincial Capital Taxes 5,673 6,082 7,143 7,072 (409) 71 12,816 13,154 (338) 2,846 3,212 (366) 934 967 (33) 1,359 1,406 (47) 294 2,373 (79) 8 Total Municipal and Other Taxes 17,956 18,739 (783) ®Mari 'mes &Nort east TAXES OTHER THAN INCOME TAXES TEST PERIOD 2006 VERSUS TEST PERIOD 2005 ($000's) Volume D Tolls Settlement Application Schedule 14 Line Test Period Test Period No. Description 2006 2005 Variance (a) (b) (c) (d) Municipal Taxes 1 Nova Scotia 2 New Brunswick 3 Total Municipal Taxes Business Occupancy Tax 4 Nova Scotia Provincial Capital Taxes 5 Nova Scotia 6 New Brunswick 7 Total Provincial Capital Taxes 5,240 5,454 (214.00) 7.143 7.143 12,383 12,597 (214.00) 2,622 2.732 973 920 1,416 1,338 2,389 2,258 110.00 53 77 130 8 Total Municipal and Other Taxes 17,394 17,587 (194) A %0= ppewe TAXES OTHER THAN INCOME TAXES FOR THE TEST PERIOD JANUARY 1, 2004 to DECEMBER 31, 2004 ($000's) Volume B Tolls Settlement Application Schedule 9 Line Cross No. Description Amount Reference (a) (b) (c) Municipal Taxes 1 Nova Scotia 5,673 2 New Brunswick 7,143 3 Total Municipal Taxes 12,816 Business Occupancy Tax 4 Nova Scotia 2,846 Provincial Capital Taxes 5 Nova Scotia 934 B -10.1 6 New Brunswick 1,359 B -10.1 7 Total Provincial Capital Taxes 2,294 8 Total Taxes Other Than Income Taxes 17,956 REPORT TO COMMON COUNCIL M &C — 2006 -13 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: RE: Tentative Agreement - IAFF Local 771 BACKGROUND: The Collective Agreement between the City and International Association of Firefighters Local 771, representing the City's firefighters, expired on December 31, 2003. Over the past two and a half years the parties have met on numerous occasions in an attempt to reach a settlement with regards to the contract. These efforts had been unsuccessful and as a result the Union had applied to the Provincial Government for appointment of an Arbitration Board to resolve outstanding issues. Over the past few weeks informal discussions between the Fire Chief and the president of Local 771 resulted in a possible framework for settling outstanding items. As a result of these discussions the parties agreed to meet one last time to attempt to reach a settlement prior to proceeding with the Arbitration process. The parties met on Thursday, December 1 and following a full discussion of the various outstanding issues a tentative agreement has been reached. The firefighters voted on the Tentative Agreement on Thursday, January 5, 2006 and accepted the agreement. The purpose of this report is to provide Common Council with an overview of the key elements of the Tentative Agreement and seek approval of a recommendation to accept the Agreement. KEY ELEMENTS: Term The tentative agreement provides for a forty-two (42) month term commencing January 1, 2004 and expiring June 30, 2007. It should be noted that the Union has indicated that they would be willing to extend the term until December 31, 2008 provided that wages could be renegotiated at June 30, 2007. The City would not agree to this type of extension without first discussing its merits with Council. Wage increases The settlement offer provides for an increase in the regular pay of fire personnel at the rate of 2% every six months commencing with January 1, 2004 and a further 2% increase on the day the contract expires. Staff had originally hoped to settle at 3% per annum however recent wage settlements received by the City's Police Force set the Union's expectation higher. As a result of this settlement the salary of a First Class Firefighter will increase from $53,273 (as at December 31, 2003)to $59,995 (at June 30, 2007). This wage increase is comparable to other Fire Services in the Province. In addition fire personnel who are placed on the Lieutenant's roster will be paid at the level of 105% of a First Class Firefighter salary and personnel who are placed on the Captain's roster will be paid at the level of 112.5% of a First Class Firefighter commencing on January 1, 2006. As a result of the inclusion of these payments the current practice of paying acting pay when individuals temporarily assume officer positions will be discontinued. This will greatly simplify the administration of fire service payroll_ Employee Benefits The Agreement provides for an increase in the City's contribution to the costs of the employee Health & Dental Program as follows: This increase is to take effect on January 1, 2006 and the rates will remain fixed for the remaining eighteen months of the collective agreement. Current January 1, 2006 Single 97.60 131.27 Family 148.34 173.42 This increase is to take effect on January 1, 2006 and the rates will remain fixed for the remaining eighteen months of the collective agreement. Fire Prevention Division The Tentative Agreement provides for an increase the options for scheduling Fire Prevention personnel ranging from 35 hours per week Monday to Friday to 40 hours per week using 4 -10 hour days. This change will increase the Department's service delivery ability with personnel being scheduled to meet service demand. The parties have also agreed to a detailed professional development program that must be completed by personnel assigned to the Division. Personnel will enter the Division as Fire Prevention Inspectors (paid at First Class Firefighter salary). Upon successful completion of the professional development program, personnel will be designated as Fire Prevention Officers (paid at Lieutenant's rate of pay). The current structure of the Division (Captain, 2 Lieutenant and 3 Inspectors) will be changed to 1 Captain and 5 Fire Prevention Officers. Training Division As with the Fire Prevention Division the settlement offer provides for an increase in the flexibility of scheduling the hours of work for Training Division personnel. The parties have also agreed to an extensive professional development program for personnel assigned to this Division. Personnel will enter the Division at the Lieutenant's level. Upon successful completion of the professional development program personnel will be paid at the qualified Captain's rate of pay. Constant Manning In an attempt to address concerns over safety of Fire Personnel the tentative agreement provides for a realignment of staff deployed to various pieces of equipment. Under the new deployment model staff assigned to the Quint Unit will be reduced from six to four and staff assigned to the Rescue Unit will be increased from two to four. This change in the Department's deployment model can be made without compromising response capability. Under this model if for any reason the required staff levels are not available for a particular unit, then the Unit will be taken out of service and remaining staff redeployed to other Units. It should be noted that this is consistent with past practice when funding for constant manning had been depleted. Return to Work Program The Tentative Agreement incorporates the initiation of a two year Return to Work pilot project. This project will see the introduction of active case management of all absences due to illness with the focus being getting individuals back to work as soon as possible. Holiday Relief Firefighters The Tentative Agreement incorporates changes in the structure of the Holiday Relief Firefighters, casual personnel used to cover vacation time of permanent personnel. The changes reflect the move provincially to pre - employment training similar to the training currently undertaken at Holland College by individuals seeking to enter the Police Service. In addition the Tentative Agreement includes provision to hire the five most senior Holiday Relief Firefighters as 4' Class Firefighters. They will remain at this level until such time as there are vacancies in the permanent establishment to allow that to move forward. FINANCIAL IMPLICATIONS There are two most significant costs associated with this Agreement are the wage settlement and the introduction of additional pay for individuals placed on promotional rosters. The full cost implications during the term of the Tentative Agreement are summarized in the following table. On average annual costs increase approximately 4.5% before factoring in potential savings as detailed below. Two areas of cost saving for the City are worthy of note as a result of being able to reach this Tentative Agreement. It is anticipated that the introduction of active case management through the Return to Work Pilot Project should result in savings on overtime expenditures in the order of approximately $100,000 per year. Secondly the settlement will avoid the need for proceeding with the Arbitration process. This will save significant staff time as well as the costs associated with the Arbitration Board and presenters, etc. Based on past experience costs of $50- $75,000 would have been expected from this process. 2004 2005 2006 2007 (six months Wages & Benefits 387,000 492,000 519,000 201,000 Health & Dental 0 0 55,000 27,500 ualified Roster Pay 0 0 100,000 50,000 BRFF to 4' Class 0 0 85,000 42,500 Total Cost 387,000 492,000 759,000 321,000 % increase 3.23 3.98 5.5 2.17 On average annual costs increase approximately 4.5% before factoring in potential savings as detailed below. Two areas of cost saving for the City are worthy of note as a result of being able to reach this Tentative Agreement. It is anticipated that the introduction of active case management through the Return to Work Pilot Project should result in savings on overtime expenditures in the order of approximately $100,000 per year. Secondly the settlement will avoid the need for proceeding with the Arbitration process. This will save significant staff time as well as the costs associated with the Arbitration Board and presenters, etc. Based on past experience costs of $50- $75,000 would have been expected from this process. While difficult to quantify in terms of cost savings, it is also important to note that the success in reaching a mutually agreed settlement to the collective agreement should also help improve management -union relations. RECOMMENDATION: It is recommended that Common Council approve the Tentative Agreement between the City and I.A.F.F. Local 771 as presented and attached with this report and that the Mayor and Common Clerk be authorized to sign the new collective agreement covering the period of January 1, 2004 to June 30, 2007. Respectfully submitted, Andr !P. Beckett C.A. Comm' sioner of Corp o Services Terry Totten F.C.A. City Manager 2004 -2007 COLLECTIVE AGREEMENT BETWEEN THE CITY OF SAINT JOHN, N. B. "THE EMPLOYER" AND THE SAINT JOHN FIRE FIGHTERS' ASSOCIATION LOCAL UNION NO. 771 TABLE OF CONTENTS Article No. Article Name Starts on Page 1 Intent and Purpose 2 Recognition 3 Continuance of Operations 4 No Discrimination 5 Union Security 6 Union Rights 7 Management Rights 8 Departmental Rules 9 Labour Management Committee 10 Terms of Employment 11 Seniority 12 Hours of Work, Salaries and Overtime 13 Vacations and Statutory Holidays 14 Employee Benefits 15 Leave of Absence 16 Long Service Pay and Retirement Pay 17 Promotional Roster System — Operation's Division 18 Promotional Roster System — Fire Prevention and Investigation Division 19 Promotional Roster System - Training Division 20 Grievance Resolution Process — Internal 21 Grievance Resolution Process — Mediation 22 Benefit to the City 23 Uniforms and Equipment 24 Constant Manning 25 Safety 26 Technological Change 27 Term Schedule "A -1" Salaries — Permanent Employees Schedule "A -2" Wages — Holiday Relief Firefighters Schedule "B -1" Hours of Work Operations Schedule 11B -2" Tour of Duty Schedule "C" Hours of Work Training Schedule "D" Military Service Schedule "E" Clothing & Equipment Schedule "F" Compassionate Leave Letter of Agreement #1 Loss of Income Option Letter of Agreement #2 Exclusion of the Rank of Divisional Chief Letter of Agreement #3 Those Employees on the Lieutenants Roster as of January 1, 2001 Letter of Agreement #4 Composition of Qualified Captain's Roster Letter of Agreement #5 Clothing and Equipment Pilot Project Letter of Agreement #6 Return to Work Letter of Agreement #7 Salary Adjustment — 5 Senior Holiday Relief Personnel Letter of Agreement #S Professional Development Letter of Agreement #9 Current Incumbents — Fire Prevention and Investigation Division Letter of Agreement Constant Manning #10 -3- THIS AGREEMENT made and entered into this day of , 2006, A.D. BY AND BETWEEN: THE CITY OF SAINT JOHN, a body corporate, in the County of Saint John, in the Province of New Brunswick, hereinafter referred to as the "EMPLOYER ", of the first part, -AND- SAINT JOHN FIREFIGHTERS ASSOCIATION, I.A.F.F., LOCAL 771, A.F.L. - C.I.O. - C.L.C., hereinafter called the "UNION" of the second part. WITNESSETH that the parties hereto covenant and agree to the following: ARTICLE 1 INTENT AND PURPOSE 1:01 Whereas, it is the intent and purpose of the Parties to this Agreement to maintain harmonious relations and settle conditions of employment between the Employer, employees and the Union; to improve the quality and efficiency of service and to promote the well -being and increased productivity of the employees, accordingly, the parties hereto set forth the following terms and conditions relating to remuneration, settlement of disputes and differences, hours of work and related matters affecting employees covered by this Agreement. ARTICLE 2 RECOGNITION 2:01 The Employer, its agents and servants recognize the Union and its duly appointed or elected negotiating committee as the sole and exclusive bargaining agent for all employees of the City of Saint John Fire Department, as certified by the New Brunswick Industrial Relations Board, and further amended by Schedule "A -1 and A -2" - Salaries - Pay Table (attached) and forming part of this Agreement, save and except the Fire Chief, Deputy Fire Chief, Civilian Secretary to the Chief, District Fire Chiefs, Divisional Chief and Administrative Officer. ARTICLE 3 CONTINUANCE OF OPERATIONS 3:01 There shall be no strikes, walkouts, lockouts nor any other form nor type of work cessation, as defined by the N.B. Industrial Relations Act during the term or expiry of this Agreement, because the Fire Department and its members are dedicated to the protection of lives and property in this community. ARTICLE 4 NO DISCRIMINATION 4:01 The City agrees that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any employee by reason of race, creed, colour, nationality, political or religious belief, sex or marital status, or by reason of membership or activity in the Union. -4- ARTICLE 5 5:01(a) UNION SECURITY Rand Formula All employees of the Saint John Fire Department covered by this Agreement must, as a condition of employment, pay the regular Union dues, including those serving their probationary period. 5:01(b) Check -Off The Employer agrees to regularly deduct the required amount of monthly Union dues and uniform assessments from the pay of each employee to whom this Agreement applies. Union dues and uniform assessments so deducted shall be remitted by the Employer to the Treasurer of the Union not later than the 15th of the month following. 5:02 The Employer agrees to acquaint new employees with the fact a Collective Agreement is in effect and advise new employees of a union representative. The Union will be informed each time a new employee is hired. 5:03 The Employer agrees to register the Sick Leave Plan with the Canadian Employment and Immigration Commission under the Employment Insurance Act. Any benefit derived from such registration, the employee's portion, shall be returned to the Union in trust on behalf of the employees. ARTICLE 6 UNION RIGHTS 6:01 The Employer recognizes the exclusive right of the Union to manage and conduct the affairs of the local and shall not infringe on those rights. ARTICLE 7 MANAGEMENT RIGHTS 7:01 The Union acknowledges that it is the exclusive right of the Employer to: hire, lay -off, discharge, classify, assign, reclassify, transfer, promote, demote or discipline employees subject to the provisions of this Agreement. 7:02 The Union acknowledges the exclusive right of the Employer to operate and manage its business in all respects, and without restricting the generality of the foregoing, to maintain order and efficiency, to determine the number and location of work areas, the methods to be used in operations /schedules and to exercise control over machines, equipment, tools, parts and materials, including storage, maintenance, repair and replacement of same. The Union further acknowledges that all the rights, powers and authority of the Employer are retained by the Employer, except those specifically abridged or modified by this Agreement and any supplementary Agreements that may hereafter be made. The above functions will be exercised in a manner consistent with the terms of -5- this Agreement. ARTICLE 8 DEPARTMENTAL RULES 8:01 If any clause in this Agreement shall be construed as being repugnant to the Rules and Regulations governing the Fire Department of the City of Saint John, said Rules and Regulations shall be amended at any time by Common Council. All additional changes or amendments being made to the Rules and Regulations shall be perused by the Union, who shall have the right to appear before Common Council, before being passed by Common Council. ARTICLE 9 LABOUR MANAGEMENT COMMITTEE 9:01 For the efficiency of service, it is agreed by the parties that a Labour Management Committee be established, consisting of four (4) representatives each from the Union and Management. The Committee shall meet at the request of either party at a location mutually agreed upon. ARTICLE 10 TERMS OF EMPLOYMENT 10:01 Permanent Employee A permanent employee shall mean an employee who has been appointed to fill a vacancy in the Establishment of the Fire Department. 10:02(a) Holiday Relief Firefighters Holiday Relief Firefighters are employed as additional personnel to the permanent Establishment of the Saint John Fire Department. Holiday Relief Firefighters are of two (2) levels: a. Apprentice Firefighter I An Apprentice Firefighter I is a newly hired Holiday Relief Firefighter who has satisfactorily completed basic recruit training. b. Apprentice Firefighter II An Apprentice Firefighter II is a Holiday Relief Firefighter who has satisfactorily completed Firefighter Level I, Firefighter Level 11, Driver Operator Training and the basic orientation program of the Saint John Fire Department. 10:02(b) Probationary Status - Holiday Relief Firefighters All newly hired employees will be on probationary status for a period of twelve (12) months of actual employment. The Employer shall evaluate the suitability of such Holiday Relief Firefighters for continued employment. Upon completion of the probationary period, seniority shall be effective from the date of hiring. 10:03 Establishment & Personnel Action The Employer shall annually provide the Union with a copy of the current Establishment relating to the Fire Department and an annual statement for each permanent employee showing their position, rate ofpay, vacation, holidays, leave, etc. The Employer shall also provide each Holiday Relief employee with an annual statement showing their employment status, rate ofpay, vacation, holidays, leave, etc. Any other changes in position or employment status shall be defined, copies of which shall be supplied to the employee and the Union. 10:04 Vacancies in Permanent Establishment When a vacancy occurs within the permanent Establishment of the Saint John Fire Department, the Employer shall post the job opening accompanied by the job description for a period of ten (10) days. In filling these vacant positions, appointment shall be made of the Holiday Relief applicant having the required ability and qualifications who is senior in service. The new rate of pay for the successful applicant will take effect within fourteen (14) calendar days of the vacancy occurring. Opportunities to attain such qualifications will be available to all Holiday Relief Firefighters. 10:05 Job and Temporary Assignment Postinas The Employer shall post all job openings and temporary assignments within the Fire Department, accompanied by Descriptions, for a period of ten (10) days. Such postings shall identify the required knowledge, skill, experience, and other essential requirements. In the case of Temporary Assignments the term of the position will also be identified. Appointments in accordance with this Article shall be based on merit, skill, qualification, ability and seniority, where applicable. For promotions only, should an employee apply for and be denied a training course, the lack of this course shall not be a factor. However, once promoted the employee will be required to successfully complete this training at a time designated by the Fire Chief. Failure to successfully complete this training will result in the employee reverting to his former rank or position on the seniority list. A temporary assignment related to a medical condition shall constitute grounds for the exclusion of posting of the temporary assignment by mutual agreement between the Chief and the Union. -7- 10:06 Temporary Assignments Any temporary assignment of an employee to duties other than those normally performed within the establishment of the Fire Department shall not exceed a twelve (12) month period, except as may be extended by mutual agreement between the Chief and the Union. The Union shall be notified prior to the posting of temporary assignments. 10:07(x) Personnel Reduction In the case of a personnel reduction, with the exception of 10:07(b), the employee with the least seniority shall be laid off first. Employees shall be recalled in the order of their seniority. For the purposes of this Article, time in the Fire Department shall constitute total seniority. No new employee shall be hired until all laid -off employees have been given ample opportunity to return to work. 10:07(b) Annual Layoff — Holiday Relief Firefighters For the purpose of conducting the annual layoff, at the conclusion of the annual vacation period for each group, Holiday Relief Firefighters will be laid off from the respective group in which they have been assigned. 10:08 Meal Policy The meal policy as determined by the Chief shall be implemented and applied consistently throughout the department. ARTICLE 11 SENIORITY 11 :01 Seniority Defined For employees who have completed the probationary period, seniority shall be effective from the employee's initial date of hire by the Fire Department. Service shall be broken by resignation, discharge or failure to return to work when recalled from lay -off. In the case of former employees re- entering the service, after continuity of service with the City has been broken (Her Majesty's Armed Forces in time of war excepted, provided that to retain his/her seniority an employee must apply for re- instatement within six (6) months from his/her discharge from such service) shall be considered as new employees and seniority shall start as of the date that they re- entered the service of the Department. 11:02 Seniority List The Employer shall publish yearly a seniority list stating the employees' name, employee number, status and initial date of hire. In the event that two or more employees commence service on the same day, seniority shall be determined by the Employer at the date of hire. 11 :03 Removal from Roster Any member on a promotional roster who is assigned by the Fire Chief or designate to act in place of an officer and refuses, will immediately lose their place on the roster and revert to their former position. ARTICLE 12 HOURS OF WORK, SALARIES AND OVERTIME 12:01(a) Permanent Employees Assigned To Day Shift - Preyention/Inyestieation The workweek schedule requires the flexibility to address service requirements. 12:01(a)(i) Regular Work Week Schedule Employees assigned to Fire Prevention and Investigation shall be scheduled on an annual basis to work as follows at the discretion of the Fire Chief or his designate: The regular workweek shall be Monday to Friday with hours of work being scheduled between 8:30 am and 4:30 pm with one hour unpaid for lunch. For this schedule employees shall work 35 hours per week, or 2. The work week will be Monday to Friday with hours of work being scheduled between 7:30 am and 7:30 prn. Employees will be scheduled to work ten (10) hour shifts over four (4) consecutive days._ An unpaid lunch break of one (1) hour shall be scheduled. A minimum of two weeks' notice of a change in the employee's schedule will be provided, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 12 :01(a)(ii) Flexible Work Week Schedule At the discretion of the Fire Chief or designate, an employee's regular workweek schedule may be changed to meet operational requirements. Up to thirty -five hours (flex -time) of the scheduled hours per employee, per calendar year may be assigned outside the employee's regular work week schedule subject to the following: 1. A minimum of two weeks' notice of a change in the employee's schedule will be provided to the employee, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 2. Employees will not be scheduled to work on both the Saturday and Sunday in any given weekend, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 3. The minimum hours to be scheduled outside the employee's regular work MR week schedule is three (3) hours at any one time. 4. Scheduling of any flex -time owing to the employee, will occur within the calendar year, as mutually agreed upon between the employee and the Fire Chief or designate. In extenuating circumstances such time may be rescheduled in the following year as determined by the Chief or his designate. 12 :01(b) Permanent Employees Assigned To Training Division The workweek schedule requires the flexibility to address service requirements. 12:01(b)(i) Regular Work Week Employees assigned to Training shall be scheduled to work in accordance with scheduling options detailed in Article 12:01(a)(i) or as detailed in Schedule "C ", as determined, from time to time, by the Chief or his designate. A minimum of two weeks' notice of a change in the employee's schedule will be provided, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. The regular work week schedule for the Captain Training Division will be as set out in Article 12:01(a)(i), 12:01(b)(ii) Flexible Work Week At the discretion of the Fire Chief or designate, an employee's regular workweek schedules may be changed to meet operational requirements. Up to thirty -five hours (flex time) of the scheduled hours, per employee, per calendar year may be assigned outside the employee's regular work week schedule subject to the following: A minimum of two weeks' notice of a change in the employee's schedule will be provided, unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 2. Employees will not be scheduled to work on both Saturday and Sunday in any given weekend (except if assigned to Schedule "C ") unless otherwise mutually agreed upon between the employee and the Fire Chief or designate. 3. Scheduling of any flex time owing to the employee, will occur within the calendar year, as mutually agreed upon between the employee and the Fire Chief or designate. In extenuating circumstances such time may be rescheduled in the following year as determined by the Chief. -10- 12:01(b)(iii) On Call Provision Effective January 1, 2006, Fire Prevention and Investigation personnel may be assigned to an on -call duty roster as determined by the Fire Chief. A member assigned to the on -call roster will be paid one hundred dollars ($100.00) prorated for each week (Friday -Friday inclusive) the member is on call. 12:01(c) Permanent Employees Assigned To Operations 12:01(c)(i) Employees assigned to operations shall be scheduled to work forty -two (42) hours per week (averaged) as outlined in Schedule `B" and forming part of this Agreement. 12:01(c)(ii) Employees assigned to operations, excluding those employees assigned to work Schedule "C ", shall be scheduled to work 2184 hours in a calendar year. 12:01(c)(M) In the event an employee is rescheduled from one group to another, this shall not result in an employee being scheduled to work more than the 2184 regular hours required in a calendar year. 12:01(d) Holiday Relief Firefighters The hours of work for Holiday Relief Firefighters covered by this Agreement shall be as required by the Saint John Fire Department, as duly negotiated herein. Holiday Relief employees shall be compensated at the regular hourly rate for all hours worked. Weekly pay will be issued on the basis of a minimum of forty -two (42) hours per week averaged over an eight (8) week period. Holiday Relief employees shall be compensated at the regular hourly rate for all hours worked up to a maximum of forty -six (46) hours per week averaged over an eight (8) week period. 12:02 Emergency recall Notwithstanding anything appearing in the above section, where an emergency occurs, the Chief or his designate(s) in charge, may recall to duty any personnel who are off -duty. Employees required to work such overtime, shall be paid the prevailing overtime rate as provided under Article 12:04 of this Agreement. 12:03 Salaries and Wages 12:03(a) Salaries - Permanent Employees See attached Schedule "A -1" Pay Table which shall form part of this Agreement. - 11 - 12:03(b) Wages - Holiday Relief Employees See attached Schedule "A -2" Pay Table which shall form part of this Agreement. 12:04 Overtime 12:04(a) Permanent Empovees Time and one -half shall be paid for all time worked in excess of the scheduled hours of work as laid down in Article 12:01(a),(b) and (c) of this Agreement. If detained for less than fifteen minutes at the end of a working day, the minimum fraction of time for calculation purposes shall be one - quarter hour. Otherwise the minimum fraction of time for calculation purposes shall be one -half hour. Time off may be granted in lieu of overtime pay by mutual consent of the Chief and the employee. 12:04(b) Holiday Relief Employees - Eizht Week Cycle Time and one -half shall be paid for all time worked in the excess of forty -six (46) hours per week averaged over an eight (8) week period. If detained for less than fifteen minutes at the end of a working day, the minimum fraction of time for calculation purposes shall be one - quarter hour. Otherwise the minimum fraction of time for calculation purposes shall be one -half hour. Time off may be granted in lieu of overtime pay by mutual consent of the Chief and the employee. 12:04(c) Computing of Overtime Computing of overtime shall commence at the time registered for "call back" and shall cease at the time registered for "all out" with the exception of employees detained for further duty or released before the "all out" is sounded, in which case, the overtime shall cease when the Company Officer reports the returning employees back to the station. Minimum "call back" time shall be three hours at time and one -half ARTICLE 13 VACATIONS AND STATUTORY HOLIDAYS 13:01(a) Vacation Entitlement and Selection 13:01(a)(1) Permanent Employees Working Day Work All permanent employees working the regular work week after one (1) year's continuous service shall annually receive two (2) weeks' vacation with pay, and after five (5) years' continuous service shall receive three (3) weeks' vacation with pay, and after thirteen (13) years' continuous service shall receive four (4) weeks' vacation with pay and after twenty -three years' continuous service shall receive five (5) weeks' vacation with pay. Annual vacation shall be selected by week(s) in order of seniority_ -12- 13:01(a)(2) Vacation Entitlement for Those Permanent Employees Working The Shifts Outlined in Schedule "B" and Schedule "C" All permanent employees working the shifts outlined in Schedule "B" and Schedule "C" of this Agreement shall receive annually, after one (1) year's continuous service, two (2) shifts vacation with pay, and after five (5) years' continuous service, three (3) shifts vacation with pay, and after thirteen (13) years' continuous service, four (4) shifts vacation with pay and after twenty -three years' continuous service, five (5) shifts vacation with pay. Annual vacation, for all permanent employees working the shifts outlined in Schedule "B ", shall be selected as per Article 13:03(a) and (b). Except as provided in Article 13:01(e), vacation and statutory holiday selections must be taken by the employee as scheduled. 13:01(a)(3) Holiday Relief Employees Vacation entitlement for Holiday Relief employees will be in accordance with the Employment Standards Act. 13:01(b) Statutory Holidays 13:01(b)(1) Permanent Employees a. In lieu of 11 statutory holidays (New Year's Day, Good Friday, Easter Monday, Victoria Day, New Brunswick Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed by the Federal, Provincial or Municipal Governments as a holiday), personnel working shifts as outlined in Schedule `B" shall receive a shift (48 hours) off with pay. The balance of the original 132 hours is to be paid for, or be given time off in lieu thereof at the discretion of the Chief. b. Should a statutory, proclaimed or designated holiday occur during a vacation period selected by personnel employed on day work per Article 12:01(a) and (b) or Schedule "C ", the person concerned shall be given this day immediately before or after their vacation period. c. Should a statutory, proclaimed or designated holiday occur during an employee's regular day off as outlined in Schedule "C ", the employee shall be given the day off immediately before or after their regular scheduled day off. d. Should a statutory holiday coincide with a scheduled workday (as per Article 12:01(a) and (b) or Schedule "C "), the employee will be granted that day off with pay. -13- 13:01(b)(02) Holiday Relief Employees There will be no entitlement for statutory holidays for Holiday Relief employees covered by this Collective Agreement. In lieu of such entitlement, Holiday Relief Firefighters shall receive four percent (4 %) of their regular wages, that is, monies received at the regular hourly rate. 13:01(c) In the event the City officially proclaims a public holiday in addition to the statutory holidays, employees covered by this Agreement shall receive one additional day off with pay in lieu of such proclaimed holiday. 13:01(d) If arrangement can be made without interference with proper operation of the Department and without additional cost, the Fire Chief or designate may permit a day employee to take one week of vacation one day at a time. 13:01(e) In the event an employee is hospitalized prior to their scheduled statutory holidays or scheduled vacation period, such time in hospital (and subsequent physician authorized recovery period) shall be considered as sick leave. Only in this instance can scheduled vacation or scheduled statutory holidays be deferred. 13:02 The number of employees, Officers and Firefighters, on vacation at any one time shall be limited to a reasonable number at the discretion of the Chief so as not to curtail or interfere with the operation of the Department. 13:03 Annual vacation and statutory holidays shall be selected by shift in order of seniority within each group. Each permanent employee shall select vacation and statutory holiday shifts as follows: a. An initial selection of two shifts (either together or separately) until remaining employees have selected their initial selections and then, b. select the remainder of their vacation/statutory entitlement. 13:04(a) Vacation periods including those given in lieu of statutory, proclaimed and designated holidays, shall not commence before the first Sunday of January and shall continue until the last shift is completed in each group for that vacation year. 13:04(b) Once every five years during a member's term of employment, in lieu of taking vacation earned in each year of a specified two -year period, he /she may take two years' vacation entitlement in any one year for the purpose of an extended vacation trip. The number of employees entitled to an extended vacation trip, in any one year, as provided above, shall be at the discretion of the Chief. -14- 13:05 Extended Vacation For Lone- Service Employees All permanent employees of the Fire Department having completed their thirtieth (3 0) year of continuous service qualify, ONCE ONLY, for an additional two shifts vacation with pay. Such extended vacations must be taken prior to retirement of the employee. Allotment and timing of these vacation periods shall be at the discretion of the Fire Chief to prevent any disruption of services. An employee requesting such vacation in any year shall indicate the employee's proposed extended vacation dates at the time vacation periods are picked for the year. 13:06 Vacation Entitlement (Promoted Employees) In the instances where an employee has been promoted and is to be transferred to another group, the employee must elect one of the following options in order to accommodate their vacation entitlement and ensure that the Employer does not incur additional replacement costs. Such election must be submitted in writing to the Deputy Chief. 1. Move to the new group and select a vacant selection in their new group. 2. Move to the new group and have their vacation scheduled when it is deemed operationally feasible to do so by the Fire Chief or designate. The Chief or designate will advise the employee in advance of the move of the vacation selections available in the employee's new group. 3. Remain in their existing group and following their vacation selection be transferred to their new group. ARTICLE 14 EMPLOYEE BENEFITS 14 :01 Group Life Insurance The Employer agrees to contribute 75% of the cost of the present Group Life Insurance plan for all employees covered by this Agreement. Upon retirement employees shall receive a $5,000 paid -up insurance policy from the City of Saint John. 14:02 Medical, Health and Dental Plans The Employer agrees to pay $97.60 monthly towards the cost for single and $148.34 monthly towards the cost of family coverage, as applicable, for the employee's health and dental coverage. The employee shall pay the remaining costs. It is understood that such benefit shall extend to permanent employees and Holiday Relief employees eligible for entry into the City of Saint John Pension Plan, -15- Effective January 1, 2006 the Employer agrees to pay $131.27 monthly towards the cost for single and $173.42 monthly towards the cost of family coverage, as applicable, for the employee's health and dental coverage. The employee shall pay the remaining costs. It is understood that such benefit shall extend to permanent employees and Holiday Relief employees eligible for entry into the City of Saint John Pension Plan. The Health and Dental plan is compulsory for all employees except where an employee has better coverage through his/her spouse. Any employee who is not a participant under the plan shall not be entitled to a cash payment in lieu of the Employer's contribution to the cost. The parties recognize the need to continue to work together to control the cost of health and dental plans — by overseeing the plans and making mutually agreed changes that, from time to time, are deemed appropriate. The City agrees to assist the Union by implementing the administrative and/or design changes necessary to ensure that contribution rates are sufficient to meet the full cost of the plan. In any event, upon implementation of the above noted rates, the Employer contribution shall be fixed and will not exceed the above noted amounts nor shall the Employer be liable for any deficit in the plan as a result of employee claims exceeding contributions paid. All employee benefit plans outlined herein shall be fully negotiable and not changed without mutual consent. The health and dental benefits shall continue to all retirees at the group rates which shall be paid fully by all retirees, to be deducted from pension cheque. 14:03(1) Sick Leave Defined Sick Leave means the period of time an employee is absent from work with full pay by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, dentist or because of an accident for which compensation is not payable under the Workers' Compensation Act, but not including routine examinations by physicians, chiropractors, dentists or routine visits unless as a result of a previous illness. Sick Leave Plan shall be continued for the duration of this Agreement. 14:03(2) Sick Leave Plan Every employee on Schedule `B" shall accumulate sick leave benefits at the rate of 18 hours per month worked up to an accumulated total of 2280 hours. Every employee on Day Work or Schedule "C" shall accumulate sick leave benefits at the rate of 10.5 hours per month worked up to an accumulated total of 1330 hours. -16- 14:03(3) Deduction From Sick Leave A deduction shall be made from accumulated sick leave of all normal working hours, exclusive of Holidays, absent for sick leave. Sick Leave shall be paid at the employee's regular rate of pay. 14:03(4) Proof of Illness An employee may be required to produce a certificate from a medical practitioner designated by the City for any illness certifying that the employee was unable to carry out their duties due to illness or due to exposure to a contagious disease. Any medical certificate costs shall he paid by the City. 14:03(5) Medical Documentation Any request from the Employer for medical documentation from any employee covered by the provisions of this Collective Agreement, off duty, as the result of sickness or injury, shall be made through the employee who shall provide the Employer with medical documentation from the attending physician relating to their current medical status. 14:03(6) Sick Leave & Vacation Leave In recognition of the principle that employees absent on extended sick leave do not continue to earn vacation leave during their period of absence on sick leave, employees on sick leave shall not be entitled to vacation benefits in the second or succeeding years of illness. Employees returning to active service from such extended sick leave shall have vacation benefits for that year pro -rated from the date of return to active service. Likewise, employees on sick leave for more than 65 working days in any vacation year shall have their vacation entitlement reduced pro -rata. 14:03(7) Sick Leave Bank Credits Once per year between January 1 st to January 31 st, the Employer shall replenish the sick leave bank to 9600 hours. The bank is to be replenished with any of the hours which any of the employees has in excess of 2280 hours. No deduction shall be made from any employee who has less than 2280 hours of personal credit. -17- 14:03(8) Sick Leave Bank Allotments Application for an allotment from the Sick Leave Bank may be made by an employee, who, for example, through a prolonged illness, has exhausted his/her own sick leave credits. An employee who has not completed his/her probationary period shall not be eligible for an allotment from the Sick Leave Bank. In the event an employee becomes totally disabled, as signified by a medical certificate, he /she shall be referred to the Pension Board and not be eligible to draw from the Bank. Such employees may be granted sick leave from the Bank upon the approval of the Union Sick Leave Bank Committee and the Employer upon production of the appropriate medical certification. No allotment from the Sick Leave Bank shall be made until the employee has exhausted all his/her accumulated sick leave. Allotment of Sick Leave from the Bank shall be at a daily rate equal to the employee's daily rate while on his/her own accumulated sick leave. Under no circumstances shall there be any stacking of benefits. 14:03(9) Sick Leave Records As soon as possible after the close of each calendar year, the Employer shall advise the Sick Leave Bank Committee, in writing, of the amount of Sick Leave accrued to each employee's credit and to the Bank. 14:03(10) Union Sick Leave Bank Committee The Committee of Local 771 shall consist of two (2) Union members. Any dispute with respect to the operation of the Sick Leave Bank will be referred to a third party by mutual agreement. 14:03(11) Recurrine Illness The same illness recurring in a twelve (12) month period shall be deemed to be a continuation of the previous illness for sick leave purposes. 14:03(12) Medical Assessment Where an employee is on Workers' Compensation or Sick Leave Benefits for a period of three months or more, the Chief may require the employee to appear before a Medical Board for medical assessment. The Board shall be constituted as follows: one doctor appointed by the Employer, one doctor appointed by the employee concerned or the Union, and a Chairman mutually agreed upon by the -18- appointees. Where the two appointees cannot agree, the submission shall be conducted under the provisions of the Arbitration Act. 14:03(13) In the event an employee is deemed by the Medical Board to be unable to perform the duties of their job on a permanent basis, said employee shall make application for a disability pension to the Board of Trustees of the City of Saint John Employee Pension Plan. In the event that the Board of Trustees denies a disability pension for said employee the employee shall continue under the provisions of the sick leave bank entitlement. ARTICLE 15 LEAVE OF ABSENCE 15:01 Union Leave The President and not more than two (2) members of the Saint John Firefighters Association, Local Union No. 771, I.A.F.F. shall be granted leave of absence as may be necessary with pay for the purpose of conducting Union business with the Chief of the Fire Department, the City Manager, or Common Council, also Local Union Meetings. Any such request for time off shall be submitted to the office of the Fire Chief or Deputy Fire Chief by the President or Secretary of the Local Union. Any two (2) representatives shall, subject to ten (10) days' written notice to the Chief, be granted leave of absence up to sixty (60) working hours with pay to attend the International Association of Firefighters Canada Convention (meets every second year) and sixty (60) working hours with pay to attend the I.A.F.F. Convention. Also, be granted leave of absence with pay to attend the New Brunswick Federation of Labour Convention — the Atlantic Provinces Professional Firefighters Association Biennial Convention - and attend meetings with the Provincial Government on matters directly related to Local 771. All other leaves of absence shall be granted by supply of a relief or by loss of pay, subject to the approval of the Chief. 15:02 Compassionate Leave All employees of the Saint John Fire Department covered by this Agreement shall be granted a maximum of four continuous working days as leave of absence with pay in the event of death of a parent, spouse, brother, sister, child, mother -in -law, father -in -law for the purpose of making funeral arrangements and/or attending the funeral, one of which days shall be the day of the funeral. Two continuous working days with pay shall be granted in the event of death of a grandfather, a grandmother, Legal Guardian, brother -in -law or sister -in -law. For clarification, refer to Schedule 'T". Additional days may be granted by the Chief in special circumstances. 15:03 Matrimonial Leave All employees of the Saint John Fire Department covered by this Agreement shall -19- be granted two (2) days off, with pay for their wedding. Such days shall be taken within thirty (30) days of the event. In addition, each employee shall be entitled to one (1) day off, with pay, for the wedding of a son or daughter. Such day shall be taken on the day of the wedding. 15:04 Disaster Leave A member whose residence is extensively damaged by fire, flood, or an act of God shall be granted one (1) day off with pay. This day must be a regular scheduled working day within a time frame of 24 hours, in order to get paid. An additional two days off with pay may be granted, when warranted, at the discretion of the Chief. 15 :05 General Leave The Employer may grant leave of absence without pay and without loss of seniority to a maximum of twelve (12) months to any employee requesting such leave for educational purposes. The Employer may grant leave of absence without pay and without loss of seniority to a maximum of six (6) months to any employee requesting such leave for good and sufficient cause. Such requests shall be made in writing by the employee and submitted to the Fire Chief. Upon the recommendation of the Fire Chief, such request shall be submitted to the City Manager and subject to approval by the City Manager, such leave of absence shall be granted. 15:06 Birth or Adoption of Child One (1) day off with pay shall be granted for the birth or adoption of a child. Said day is to be taken on the day of the birth of the child or on the day that the child is to arrive home. 15:07 Jul When an employee is on jury duty he /she shall receive full pay at the prevailing rates. Any monies received by the employee, from jury duty in lieu of weekly pay, shall be paid to the Commissioner of Finance. 15:08 Company Officers shall grant a leave of absence of up to 2 hours if a replacement is provided at the employee's expense, provided the replacement is qualified in the opinion of the Officer. -20- ARTICLE 16 LONG SERVICE PAY AND RETIREMENT PAY 16:01 In recognition of the principle that an employee's knowledge and experience increase with length of continuous service, upon an employee becoming permanent, the Employer agrees to pay long service pay to all employees in the Fire Department hired on or before June 1, 1997. Service pay shall be based on the rank held and be paid once a year, by the following formula: Commencement of 0 year and including 7th year = 1% Commencement of 8th year and including 11th year = 1.5% Commencement of 12th year and including 15th year = 2% Commencement of 16th year and including 19th year = 2.5% Commencement of 20th year and including 23th year = 3% Commencement of 24th year and beyond = 3.5% All employees in the Fire Department hired on or before June 1 st, 1997 will continue to receive service pay for the remainder of their careers with the Employer at the rates detailed above. Employees hired after June 1, 1997 will not be eligible for service pay, now or in the future. It is not the Employer's intention to pursue changes to this Article at any time in the future. Long service pay shall be paid in December of each year to employees who qualify and are on strength on December 31st, and shall not be related to the number of days worked since the qualifying date. On retirement or severance, an employee shall be entitled to long service pay calculated from January 1 to the date of departure. In the case of death, long service pay shall be paid to the employee's dependants, beneficiary or estate. 16:02 Retirement Pay The Employer agrees to pay each permanent employee going on retirement upon reaching the retirement age one (1) month's pay for every five (5) years' of continuous service or fraction thereof, to a maximum of six (6) months' pay. This shall be paid at the same rate as that paid for regular time in the employee's permanent classification for the employee's last working period. The benefit shall be paid in a lump sum upon retirement and shall not be subject to deductions for Group Life Insurance nor City Pension Plan. This benefit shall not apply when an employee resigns from the service nor is dismissed for cause. To qualify, the employee must have a minimum of five (5) years' continuous service with the Employer as of the date of retirement. In case of death of an employee on the active payroll with five (5) or more years' continuous service, payment shall be made to the employee's dependants, beneficiary or estate. -21- An employee may opt out of future eligibility for retirement pay. The employee may request in writing a one - time -only payment in lieu of retirement pay. Such payment shall be in an amount as defined above, based on the date the request is made. To qualify the employee must have a minimum of five (S) years' continuous service. Upon such payment the employee waives all entitlement to further retirement pay. ARTICLE 17 PROMOTIONAL ROSTER SYSTEM — OPERATION'S DIVISION 17:01(a) There shall be maintained within the Fire Department Operation's Division for bargaining unit positions, two (2) separate and distinct Promotional Rosters: Captain's and Lieutenant's. 17:01(b) As a minimum requirement, the Lieutenant's Roster shall have an equal number of names as there are officers. All other rosters shall have an equal number of names as there are positions in each category. 17:01(c) In the event of a shortage of names on the appropriate Roster, the next senior member who has qualified shall act in their next rank. 17:02 When a permanent vacancy occurs within the rank of Captain or Lieutenant, it shall be filled by the "Number One Person" from the appropriate Promotional Roster. 17:03 When a member is required to "act out of rank ", he /she shall be chosen from the respective Fire Company, in order of seniority and if qualified, by being on the appropriate Roster. There shall be no additional compensation for "acting out of rank ". 17 :04 If an employee covered by this Agreement is required to temporarily perform the duties of a lower classification because of injury or sickness, he /she shall receive the salary of his/her permanent rank. 17:05 If an employee is called in on overtime to act in a senior rank there shall be no additional acting pay. In calling personnel in for overtime it is not the Employer's intention to use this provision as a means of reducing personnel costs. 17:06 The senior employee from the appropriate Roster shall be given preference when acting in place of an Officer where the acting assignment is anticipated to last greater than three (3) months. Lieutenant's Promotional Roster 17:07(a) Entry to the Lieutenant's Promotional Roster shall be by examination, which may be held at any time during the year as long as notice is posted for one month in the -22- stations on orders from the Chief. The number of applicants called for shall depend on the number of names required to maintain the Roster as specified in 17:01(b). Applications shall be accepted in order of seniority. 17:07(b) Final lists showing those members who will be writing shall be posted in the Fire Stations six weeks in advance of writing. The Training Division is to provide an instructor for those who are writing and for any assistance in their preparation. 17:07(c) In order to afford assistance to those applicants writing for Rosters, a one-half day practical training and a one -half day theoretical training shall be provided upon request. Such training shall be provided at a time determined by the Chief or his designate and shall not be considered time worked. 17 :07(d) Senior employees making the pass mark of not less than sixty -five (65 %) percent, shall be placed on the Lieutenant's Roster by seniority. It shall be permissible for any member failing to make the necessary pass mark to apply and take the examination when required, providing the vacancy exists in the particular Roster. Upon being placed on the Roster employees shall be paid at the rate of 105% of the salary level for a First Class Firefighter as laid down in Appendix A -1 of this Agreement. 17:07(e) When a senior employee writes the examination and fails, then rewrites when required and passes, he /she would be placed on the Promotional Roster according to his/her seniority 17:07(f) When a senior person fails to apply to write the examination when required and applies at a later date and passes, he /she shall then take his/her position on the Roster in respect to his/her seniority in the group in which he /she was writing. 17:07(g) When a senior employee fails after two (2) consecutive examinations to make the required pass mark and rewrites at a future date and makes the required pass mark, he /she would then take his/her position on the Roster in respect to his/her seniority in the group in which he /she was writing. 17:07(h) Applicants shall be informed of the results upon completion of the examination by applying to the Chief, Deputy Chief or Divisional Chief Examination for Entry to Lieutenant's Promotional Roster 17:08(a) Examinations shall be valued at 100 plus, with an overall passing mark ofnot less than sixty -five (65). Candidates must also achieve a pass mark of sixty-five percent (65 %) in each of the written and practical components of the examination. 17:08(b) Examinations shall consist of- Written - 25 points Practical - 25 points Oral - 25 points Service Evaluation - 25 points -23- One (1) point for each five (5) years' of service with the Fire Department. 17:08(c) Service evaluations shall be submitted as follows: Company Officer - up to 9 points Captain Training - up to 4 points District Chief - up to 4 points Deputy Chief - up to 4 points Fire Chief - up to 4 points 17:08(d) Examinations shall be marked by a Board of Evaluators consisting of. two (2) senior Officers (District Chief and above) appointed by the Chief, the Divisional Chief (advisory only), and two (2) representatives from Local Union No. 771. Regualification 17:09(1) An employee who enters the Lieutenant's Roster shall be required to re- qualify (one -time only) for the Roster after a period of five (5) years has passed since their last evaluation for that Roster. 17:09(2) The re- qualification process will require candidates to successfully complete one of the following options within six weeks following their fifth anniversary of entry into the Roster: a. the written and practical components of the Roster as outlined in Article 17:08 (a) and (b) or, b. successful completion of the three courses from the Certificate in Fire Service Leadership (CFSL) program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by the Fire Chief. 17:09(3) Time outside the employee's scheduled hours spent studying for the courses to re- qualify for the Lieutenant's Roster shall not be considered time worked. Subject to operational requirements, employees may undertake required course work while on duty. The Employer will pay the cost of tuition and course materials, one time only, for each of the required courses. 17:09(4) An employee who fails to re- qualify within six weeks following their fifth anniversary of entry into the Lieutenant's Roster as per Article 17:09(2) will be removed from the Roster. The employee will be eligible to re -enter the Roster at the next call for applications for the Lieutenant's Roster. 17:09(5) An employee who fails to re- qualify for the Lieutenant's Roster and subsequently passes at a future date will take their place on the Roster, according to seniority, at the next call for applications for the Lieutenant's Roster. Employees who failed to -24- re- qualify forfeit their right to any promotion that took place in the interim.. Captain's Promotional Roster 17:10(1) The prerequisites for candidates seeking admission to the Captain's Promotional Roster are as follows: 1. Must hold the rank of Lieutenant and, 2. Candidates must have successfully completed three courses from the Certificate in Fire Service Leadership (CFSL) program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station plus the following three courses from the Certificate in Fire Service Administration (CFSA) program: Organizational Behaviour, Fire Service Law and Fire Suppression Management. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by the Fire Chief. 17:10(2) Time outside the employee's scheduled hours spent studying for the prerequisites for the Captain's Roster shall not be considered time worked. Subject to operational requirements, employees may undertake required course work while on duty. The Employer will pay the cost of tuition and course materials, one time only, for each of the required courses. 17:10(3) Upon successful completion of the required pre - requisites and subject to Article 17:01(b), the candidate will be placed on the Captain's Roster. Upon being placed on the Roster employees shall be paid at the rate of 112.5% of the salary level for a First Class Firefighter as laid down in Appendix A -1 of this Agreement. ARTICLE 18 PROMOTIONAL ROSTER SYSTEM — FIRE PREVENTION AND INVESTIGATION DIVISION 18:01(1) So as to develop expertise, input, increased productivity, continuity and a career with a future, no employee assigned to the Fire Prevention and Investigation Division after completion of his/her one year period of service shall be transferred back to the Operation's Division of the Fire Department except in extenuating circumstances. 18:02 Inspector of Fire Prevention and Investigation 18:02(1) In the event of a vacancy in this position, the Employer shall call for applications. 18:02(2) Applicants must have and agree to the following: a. Must have ten (10) years of permanent service with the Saint John Fire Department. -25- b. The senior applicant shall be appointed to the position of Inspector of Fire Prevention and Inspection Division. c. The appointed applicant to this position shall serve a one (1) year probationary period. If at any time during the probationary period the incumbent proves unsatisfactory with respect to the requisite performance standards for the position he /she shall be reverted to his/her former position with the Fire Department without loss of seniority. d. At the end of his/her one (1) year probationary period, the employee shall be confirmed in the position or upon his/her request, he /she may revert to his/her former position with the Fire Department. e. If the Employer calls for and receives no applications, the Employer may appoint an employee to this position. 18:02(3) Personnel assigned to the Fire Prevention and Investigation Division shall be required to successfully complete the professional development program detailed in this Section. Failure to complete the professional development program within the specified timeframe shall result in the person being removed from the Division and reverting to their former position within the Fire Department if applicable. 18:02(4) While completing the professional development program personnel shall be designated as Fire Prevention Inspectors and shall be paid at the salary level of a First Class Firefighter as detailed in Appendix A -1. 18:02(5) The Professional Development Program for Fire Prevention Officers shall include successful completion of the following courses or equivalent replacements as identified by the Fire Chief: a. Fire Service Instructor Level I b. The following three courses from the Certificate in Fire Service Leadership Program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station. c. Certified Fire Inspector Level II Program (NBOFM Standard) d. Fire Cause and Determination Level H (NBOFM Standard) e. WETT Certification f. Up to one additional course as determined by the Chief. 18:02(6) Upon completion of the professional development program personnel shall be designated as Fire Prevention Officers and shall be paid at the salary level of 110% of a First Class Firefighter as laid down in Schedule "A" ofthis Agreement. 18:03 Captain of Fire Prevention and Investigation Promotional Roster 18:03(1) Applications shall be called for from personnel who have completed the courses required and have qualified for the position of Lieutenant Fire Prevention and Investigation or Fire Prevention Officer. -26- 18:03(2) Applicants for the Captain Fire Prevention and Investigation Promotional Roster must have and agree to the following requirements: a. Must be a present member of the Fire Prevention and Investigation Division for at least five (5) years and, b. Must have successfully completed three (3) courses from the Certificate in Fire Service Leadership (CFSL) program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; and Environment of the Fire Station. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by the Chief. c. While on the Captain's Roster the employee must successfully complete three (3) courses from the Certificate in Fire Service Administration (CFSA) which include Organizational Behaviour, Fire Prevention Management and Fire Service Law. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by the Chief. d. Must have successfully completed Advanced Training in Fire Cause and Determination e. The employee is required to successfully complete the required courses to be eligible for confirmation to the Position Captain Fire Prevention and Investigation. f. Subject to operational requirements, an employee enrolled in a required course will be granted up to four hours per week, while on duty, to undertake their studies. The Employer will pay the cost of tuition and course materials, once only, for each of the required courses. g. Time outside the employee's scheduled hours spent studying for the courses required shall not be considered time worked. 18:03(3) Upon successful completion of the required pre - requisites and subject to Article 18:03(2), the senior candidate will be placed on the Captain's Roster. Upon being placed on the Roster the employee shall be paid at the rate of 112.5% of the salary level for a First Class Firefighter as laid down in Appendix A -1 of this Agreement. 18:03(4) In the event of a permanent vacancy, the senior person on the Captain of Fire Prevention and Investigation Promotional Roster shall serve a one (1) year trial period, after which they shall be evaluated by the Divisional Chief and if satisfactory, shall be confirmed in the position. -27- 18:03(5) In the event no candidate is successful in attaining the promotional requirements, the Fire Chief shall fill the vacancy through any means appropriate. ARTICLE 19 PROMOTIONAL ROSTER SYSTEM — TRAINING DIVISION 19:01 Lieutenant Training 19:01(1) In the event of a vacancy in the position of Lieutenant of Training the following shall apply: The Employer shall call for applications from those holding the rank of Lieutenant within Operations. The successful senior applicant must have and agree to the following: a. Must have successfully completed Fire Service Instructor 1. Should an employee apply for and be unable to obtain this course due to scheduling difficulties, the lack of this course shall not be a limiting factor. However, once promoted the employee will be required to successfully complete this training at a time designated by the Fire Chief. Failure to successfully complete this training will result in the employee reverting to his former rank or position on the seniority list. b. Must have successfully completed three courses from the Certificate in Fire Service Leadership program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station. In the event that any of the specified courses becomes unavailable, the candidate must complete an equivalent replacement course identified by the Fire Chief. c. The appointed applicant to this position shall serve a one (1) year probationary period. If at any time during the probationary period the incumbent proves unsatisfactory with respect to the requisite performance standards for the position he /she shall be reverted to his/her former position with the Fire Department without loss of seniority. At the end of his/her one (1) year probationary period, the employee shall be confirmed in the position or upon his/her request, he /she may revert to his/her former position with the Fire Department. 19:01(2) Personnel assigned to the Training Division shall be required to successfully complete the professional development program detailed in this Section. . Failure to complete the professional development program within the specified timeframe shall result in the person being removed from the Division and reverting to their former position within the Fire Department if applicable. 19:01(3) While completing the professional development program the person shall be designated as Lieutenant of Training and shall be paid at the salary level of a -28- Lieutenant as detailed in Appendix A -1. 19:01(4) The Professional Development Program for personnel assigned to the Training Division shall consist of completion the following courses or equivalent replacement courses as identified by the Fire Chief: a. Fire Service Instructor 1 and 11 b. three courses from the Certificate in Fire Service Leadership program: Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station c. three courses from the Certificate in Fire Service Administration (CFSA) program: Organizational Behaviour, Fire Service Law and Fire Suppression Management d. Up to two additional courses or certifications as determined by the Fire Chief 19:01(5) Upon completion of the professional development program personnel shall be designated as Training Officer and shall be paid at the salary level of a 112.5% of a First Class Firefighter as laid down in Schedule "A" of this Agreement. 19:01(6) Should a person in the Training Division choose to return to Fire Department Operations, they shall return to their original placement on the seniority list, and their rank or position. 19:02 Captain of Training In the event of a permanent vacancy in the position of Captain of Training, the following shall apply: 19:02(1) The Employer shall call for applications for the position. 19:02(2) Prior to taking the Promotional Examination, applicants must have and agree to each of the following: a. Must hold the rank of Lieutenant (Operations) or above with the Saint John Fire Department and must have successfully completed Fire Service Instructor 1, or equivalent replacement course identified by the Fire Chief, and b. While in the position the applicant must complete Fire Service Instructor II, or equivalent replacement course identified by the Fire Chief, and c. Must have successfully completed three courses from the Certificate in Fire Service Leadership (CFSL) program (Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station) plus the following three courses from the Certificate in Fire Service Administration (CFSA) program: Organizational Behaviour, Fire -29- Service Law and Fire Suppression Management. In the event that any of the specified courses becomes unavailable, the applicant must complete an equivalent replacement course identified by the Fire Chief. d. Up to two additional courses or certifications as determined by the Fire Chief Time outside the applicant's scheduled hours spent studying or attending training sessions associated with attaining the required courses for the Captain of Training shall not be considered time worked. f. Subject to operational requirements, an employee enrolled in a required course will be granted up to four hours per week while on duty, to undertake their studies. The Employer will pay the cost of tuition and course materials, once only, for the required courses. 19:02(3) The senior qualified applicant shall be appointed to the position of Captain of Training on a one (1) year trial basis. 19:02(4) If the applicant proves satisfactory to the Divisional Chief at the end of the one (1) year trial period, the applicant shall be confirmed in the position. 19:02(5) If the applicant proves unsatisfactory to the Divisional Chief at the end of, or during the one (1) year trial period, they shall revert to their former position within the Fire Department without loss of seniority. 19:02(6) Should the incumbent in the position of Captain Training choose to return to Fire Department Operations, they shall return to their original placement on the seniority list, and their rank or original position. 19:02(7) In the event the Employer receives no applications for the position of Captain Training, the Fire Chief shall fill the existing vacancy by any means appropriate. ARTICLE 20 GRIEVANCE RESOLUTION PROCESS - INTERNAL 20:01 The Grievance is defined as an alleged violation of the Collective Agreement or a case where either party has acted unjustly or improperly in the administration of the Collective Agreement or the Rules and Regulations of the Department. 20:02 The Union shall appoint a Grievance Committee and shall forward the names of the members of the said Committee to the Employer on or before the fifth day of January each year. 20:03 The party filing the grievance shall stipulate the Article or Articles of the Agreement which he /she alleges have been violated and the grievance shall be processed on the basis of such allegation and not otherwise. -30- 20:04 In processing a grievance, the following procedure shall be in effect: STEP 1 All grievances shall be made in writing to the Union Grievance Committee by the employee or employees concerned within seven (7) days ofbecoming aware of the matter which is the cause of the grievance. The Union may submit this grievance to the Chief of the Fire Department in writing within ten (10) days of receiving said grievance. The Chief shall hand down a decision in writing within seven (7) days after receipt of the grievance. STEP 2 If the decision handed down by the Chief is not acceptable to the Union, the Union may then submit said grievance to the City Manager within ten (10) days for decision. The City Manager shall hand down a decision in writing within ten (10) days after receipt of the grievance. STEP 3 If the decision of the City Manager is not acceptable to the Union, the grievance or grievances shall be submitted to the Common Council by filing with the Common Clerk within seven (7) days of the City Manager's decision. A hearing shall be granted at the second regular meeting of the Common Council following application. A period of seventeen (17) days shall be deemed as the period required by Common Council to reply in writing of its decision on the grievance. 20:05 In all cases stated above, Saturdays, Sundays and holidays are not counted in determining time limits. Time limits mentioned above can be extended by mutual consent of the parties. 20:05 Where a grievance has not been resolved to the satisfaction of either party to the grievance through the intemal grievance resolution process, either party may refer the matter to a Board of Arbitration. 20:07 The following steps shall be followed in the Arbitration process: STEP 1 Within a period of fifteen (15) days from the date of decision of the Common Council, either party may by written request to the other party require the matter to be referred to a Board of Arbitration. Such Board shall be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third person to act as a Chairman chosen by the other two (2) members of the Board. Each member is to be appointed within ten (10) days following receipt of such written request for arbitration and the members so appointed shall select within five (5) days after their appointment, a third member who shall be -31- Chairman. STEP 2 If either party shall refuse or neglect to appoint a member as aforesaid to a Board of Arbitration, the Minister of Labour/Manpower of the Province of New Brunswick may be requested by the other party to name a member. In the event that the two (2) members appointed are unable to agree upon the selection of a Chairman, the said Minister of Labour/Manpower may be requested by either party to name a Chairman of the Board. STEP 3 Hearings of the Board shall continence within fifteen (15) days after the appointment of a Chairman, and shall continue in such manner that the arbitrators shall make their award in writing not later than one (1) month after the entering upon the reference. The decision of the majority of the Board shall be final and binding upon the parties to this Agreement. STEP 4 The expense and remuneration of the Chairman and secretarial services shall be borne in equal shares by the City and the Union. The expenses and remuneration of the other two (2) members of the Board shall be borne by the parties by whom they were selected or for whom they were appointed by the said Minister of Labour/Manpower. STEP 5 It shall be the duty of the Board of Arbitration to hear all parties concerned and to determine the matters referred to it. Upon determination of the matter, the Board of Arbitration shall make any order which will provide for final settlement of the matter and make any order that will restore the aggrieved party, whether it be the Union or the City, to its rightful, just and equitable position. 20:08 Every party to and every party bound by the Agreement and every person on whose behalf the Agreement was entered into shall comply with the final settlement and give effect thereto. 20 :09 In the case of any employee whom the Board of Arbitration has found to have been unjustly discriminated against, suspended, demoted or discharged, he/she shall be reinstated and reimbursed for all wages and salary involved and shall have all rights and benefits restored by the Employer. ARTICLE 21 GRIEVANCE RESOLUTION PROCESS — MEDIATION 21:01 Where a grievance has not been resolved to the satisfaction of either party to -32- the grievance through the internal grievance resolution process, they will notify the other party of their desire to proceed to interest -based grievance mediation. Grievance mediation is a voluntary process which can be an effective alternative to grievance arbitration for management and labour to solve problems. The parties, through the assistance of a mediator, shall attempt to resolve the grievance through negotiation, therefore, allowing the parties to control and shape the settlement. Grievance mediation does not interfere with the rights of the parties to the arbitration process. 21:02 The grievance mediation process shall be confidential, voluntary, informal and conducted by mediators trained in the principles of interest -based negotiation/problem - solving. The appointment of the mediator shall be made by the designated representatives of the parties, except when requesting the services of a mediator from the Department of Advanced Education & Labour. 21:03 Where the parties are interested in using the mediation process, the parties agree to the following: a. Either party may suggest to the other that a grievance filed under the Collective Agreement be referred to mediation. The party to whom the suggestion is made is free to accept or reject the suggestion. The parties will use an Agreement to Mediate, to suggest grievance mediation. b. Grievances will only be referred to mediation if both parties agree. c. The person or persons (office or offices) with authority to refer a grievance to mediation will be designated by the parties. d. The representatives attending mediation sessions will have the authority to settle the grievance. Representative from each party will take training in the process and procedure of grievance mediation before they participate in the grievance mediation process. e. When both parties agree to mediate a grievance, the Agreement to Mediate will be completed. f. The mediator will be chosen from a list of suitable individuals agreed to by the parties on a rotating basis or will be appointed by the Department of Advanced Education and Labour. A Mediator Appointment Agreement, which outlines certain stipulations about which the mediator and the parties need to be aware, will be entered into. g. There shall be no loss of wages and benefits for participation in the grievance mediation process. h. If an Agreement to Mediate is signed by both parties, the period of time from the date it is signed by the parties until either (1) one party revokes, in writing, the reference to mediate, or (2) the mediation ends (whether successfully or not), is to be excluded from the time limits set out under the steps of the -33- internal grievance resolution process. A mediation ends in accordance with the provisions specified in the Mediator Appointment Agreement. If the mediation resolves the grievance, the Mediator will provide the parties with a report outlining the settlement. If the mediation does not resolve a grievance, either party is free to start proceedings or to continue proceedings to resolve the grievance. k. The time limits set forth maybe extended by mutual consent of the parties. ARTICLE 22 BENEFIT TO THE CITY 22:01 An employee who furnishes an idea which is adopted for improvement in the operation of a Civic Department shall receive recognition from the Employer in the form of a cash grant which the City deems proper, taking into consideration the value of the improvement. ARTICLE 23 UNIFORMS AND EQUIPMENT 23:01 Permanent Employees Clothing will be supplied to permanent employees in the manner set out in the attached Schedule `B" which shall form part of this Agreement. Clothing when required is to be issued not later than June 1" of each year if possible. Any of the mentioned clothing destroyed in the line of duty shall be replaced as soon as possible. Any article of clothing or equipment which is damaged, lost or destroyed by abuse or neglect by members of the Department will be replaced at the member's expense. In so far as is practical, any employee requiring replacement of personal equipment for firefighting duties shall have sizing and replacement completed while on duty. 23:02 Holiday Relief Employees All Holiday Relief employees covered by this Agreement shall receive annually two (2) work shirts and two (2) work pants. This clothing issue shall be provided by June 1st of each year if possible. A pair of work boots, tie, summer /winter jackets and uniform cap will be issued as required. The work issue shall be ordered within 30 days after the initial date of hire. After a one (1) year probationary period Holiday Relief personnel shall receive -34- a Dress Uniform. Replacement of the Dress Uniform will be based upon need and be linked to the large departmental purchase. Dress uniform for Holiday Relief personnel shall be ordered within 30 days after completing probationary period. ARTICLE 24 CONSTANT MANNING 24:01 As long as sufficient funds are provided by the Employer, all existing companies shall be maintained at full strength as herein set forth: Quint Company Ladder Company Engine Company Tanker Unit Rescue Squad ARTICLE 25 SAFETY 25:01 Composition 1 Officer, 3 Firefighters - 1 Officer, 3 Firefighters - 1 Officer, 3 Firefighters - 1 Firefighter - 1 Officer, 3 Firefighters The Saint John Civic Employees' Safety Committee shall continue in operation with members appointed from the Employer and the Union. Both parties, in making their appointments, shall be motivated by the need of selecting people who are most capable of promoting safety on the job. Each City Union shall appoint one (1) member of the Safety Committee. The Employer shall appoint one (1) member from each major Civic Department as its representatives to a maximum of four (4). The Occupational Safety Officer will be an Ex- officio member. 25 :02 Meetings Two members, one (1) representing a Union and one (1) representing the Employer, shall act as Co- Chairman at all Safety Committee Meetings. The Safety Committee shall hold regular meetings and all unsafe or dangerous conditions shall be taken up and dealt with at such meetings. 25:03 Minutes Minutes of safety meetings shall be kept and copies of such minutes sent to the City Manager and the Union. 25 :04 The N.B. Occupational Health and Safety Act and Regulations shall be binding upon the parties at all times. 25:05 The parties recognize that the Occupational Safety Officer is responsible for the enforcement of the New Brunswick Occupational Health and Safety Act and Regulations. .35- ARTICLE 26 TECHNOLOGICAL CHANGE 26:01 Technological Chance Defined Technological change means: a. the introduction of equipment or material of a different nature and kind from that previously utilized by the Employer; and b. a change in the Employer's method of operation that is directly related to the introduction of said equipment or material. 26:02 Advance Notice Prior to introducing technological change, the Employer agrees to notify the Union of its intentions at least ninety (90) calendar days in advance of implementation. 26:03 Contents of Notice The notice shall be conveyed in writing and shall contain appropriate information including: a. the nature of the change; b. the date on which the Employer proposes to effect the change; c. the approximate number, type and location of employees likely to be affected by the change; and d. the effects the change may be expected to have on employees' working conditions and terms of employment. 26:04 Consultation During the ninety (90) day notification period contained in Article 26.02 the Employer and the Union shall meet in an attempt to minimize any adverse effects the technological change may be expected to have on employees' working conditions and/or terms of employment. ARTICLE 27 TERM 27:01 The Agreement shall take effect and be binding on the parties hereto for the period from January 1, 2004, A.D., to June 30th, 2007, A.D., inclusive and shall remain in force for successive periods of twelve (12) months thereafter, unless either party requests negotiation of a new or replacement Agreement by giving written notice -36- to the other party not less than sixty (60) days and not more than ninety (90) days prior to the expiration date of this Agreement of any renewal thereof. Such notice(s) shall specify any addition, deletion or alteration desired. 27:02 In consideration of the party of the Second Part surrendering the right to strike under any circumstances, it is agreed that should the parties fail to reach agreement and become dead- locked in negotiation of a new Working Agreement or schedule of wages, outstanding items shall be referred for settlement to a Board of Arbitration constituted as provided for in Article 21 of this Agreement. Decision of the Board of Arbitration shall be binding upon both parties to this Agreement. 27:03 This Agreement supersedes the Agreement dated the 26th day of April, A.D., 2001, and no benefits nor conditions that existed under that Agreement are continued into this present Agreement dated the day of , 2006, A.D., except as expressly stated. IN WITNESS WHEREOF the parties have caused their respective Corporate Seals to be hereunto affixed, attested by the hands of their proper Officers in that behalf, the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: Witness Witness THE CITY OF SAINT JOHN Mayor Common Clerk LOCAL NO. 771 SAINT JOHN FIREFIGHTERS ASSOC. President Recording Secretary -37- THIS IS SCHEDULE "A-17'- REFERRED TO IN THE FOREGOING AGREEMENT BEARING THE DAY OF , 2005, A.D. AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, N. B., "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC), "THE UNION ". RANK EFFECTIVE January 1/04 EFFECTIVE Jul 1/04 % DIFFERENTIAL BETWEEN RANKS Captain 60,063 61,264 115.0% Lieutenant 57,452 58,601 110.0% Firefighter I" Class 52,229 53,274 100.0% Firefighter 2" Class 49,617 50,609 95.0% Firefighter 3 Class 47,006 47,946 90.0% Firefighter 4' Class 44,394 45,282 85.0% RANK EFFECTIVE January 1/05 EFFECTIVE Jul 1/05 % DIFFERENTIAL BETWEEN RANKS Captain 62,489 63,739 115.0% Lieutenant 59,773 60,968 110.0% Firefighter 1St Class 54,339 55,426 100.0% Firefighter 2" d Class 51,621 52,654 95.0% Firefighter P Class 48,905 49,883 90.0% Firefljzhter 0 Class 46,188 47,111 85.0% RANK EFFECTIVE January 1/06 EFFECTIVE Jul 1/06 % DIFFERENTIAL BETWEEN RANKS Captain 65,014 66,314 115.0% Lieutenant 62,188 63,432 110.0% Firefighter 1" Class 56,535 57,665 100.0% Firefighter 2"d Class 53,707 54,781 95.0% Firefighter P Class 50,881 51,898 90.0% Firefi ter 0 Class 48,054 49,015 85.0% RANK EFFECTIVE January 1 /07 EFFECTIVE June 30/07 % DIFFERENTIAL BETWEEN RANKS Captain 67,640 68,993 115.0% Lieutenant 64,700 65,994 110.0% Firefighter 1" Class 58,819 59,995 100.0% Firefighter 2" Class 55,876 56,994 95.0% Firefighter 3` Class 52,936 53,995 90.0% Firefi ter 0 Class 49,995 50,995 85.0% The common denominator for compilation of all rates of pay for various ranks in the bargaining unit is the 1 st Class Firefighter at 100 %. Other ranks are graduated either lower or higher on a marked percentage basis according to service in lower ranks and according to position of authority, jurisdiction, responsibility, nature and scope of duties in higher ranks. -38- Annual salary for permanent employees shall be as stated in above. Weekly pay shall be determined by dividing the annual salary by 52. Overtime calculations, as per Article 12:04(a) Permanent Personnel. - The regular (time) hourly rate of pay shall be calculated by dividing the annual salary by 2184 hours for operational personnel or by appropriate annual hours (1820 or 2080) for Training and Fire Prevention personnel based on individual's designated work schedule. All salaries shall be paid weekly and deposited on Thursday of each week, not later than 8:00 a.m., into a bank account designated in advance by the employee. On each pay day, each employee shall be provided with an itemized statement of his wages, overtime, and other supplementary pay and deductions. -39- THIS IS SCHEDULE "A -2" - REFERRED TO IN THE FOREGOING AGREEMENT BEARING THE DAY OF , 2005, A.D. AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, N. B., "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC), "THE UNION ". WAGES — HOLIDAY RELIEF FIREFIGHTERS -40- Jan. 1 2004 July 1 2004 Jan. 1 2005 July 1 2005 Apprentice Firefighter I 12.78 13.04 13.30 13.56 Apprentice Firefighter II 14.45 14.45 14.74 15.03 Jan. 1 2006 July I 2006 Jan. 1 2007 June 30 2007 Apprentice Firefighter I 13.83 14.11 14.39 14.68 Apprentice Firefighter II 15.33 15.64 15.95 16.27 -40- THIS SCHEDULE "B -1" REFERRED TO IN THE FOREGOING AGREEMENT BEARING DATE THE OF , 2005, A.D., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC) "THE UNION" HOURS OF WORK Sunday Monday Tuesday Wednesday Thursday Friday Saturday Day Day Night Night Off Off Off 48 Off Day Day Night Night Off Off 48 Off Off Day Day Night Night Off 48 Off Off Off Day Day Night Night 48 Off Off Off Off Day Da Night 34 Night Off Off Off Off Day Day 34 Night Night Off Off Off Off Day 38 Day Night Night Off Off Off Off 38 A shift constitutes a four -day work cycle comprised of two days and two nights. Each group completes one week, then drops to the line below and continues in like manner until bottom line is completed then returns to top line and repeats cycle. Day shift 0800 his. — 1800 hrs. Night Shift 1800 hrs. — 0800 hrs. -41- SCHEDULE "B -2" 0 o�d oQ� m0® ©0 mmmmm mum== mmmmm mmmmm ©mm0© mmmmm mmmmm mmmmm mmmmm ©©mm0 mmmmm ©mmo© ommo© omo©m mmmmm ©o© == ©o©mm mmmmm ©©mmo mm mmmmm mmmmm ©mmmm om©■■� mum== mmmmm mmmmm mmmmm ©m omo©m mmmmm ©o©mm mmmmm mm ©■■mo© mmmmm ©mo©m mmmmm ©o mmmmm mmmmm mmmmm mmmmm mm mmmmm mmmmm an mmmmm ommo© mmmmm mmmmm mmmmm mmmmm mmmmm -42- z 0 z b z y THIS IS SCHEDULE "C" REFERRED TO IN THE FOREGOING AGREEMENT BEARING DATE OF OF , 2005, A.D., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. {AFL - CIO, CLQ "THE UNION" HOURS OF WORK Sunday Monday Tuesday Wednesday Thursday Friday Saturday Day Day Day Day Off Off Off 44 Off Day Day Day Da Off Off 44 Off Off Day Day Day Day Off 44 Off Off Off Day Day Day Day 44 Off Off Off Off Day Day Day 33 Day Off Off Off Off Da Day 33 D Da Off Off Off Off Da 33 Da Day Day Off Off Off Off 33 A shift constitutes a 4 -day work cycle comprised of 4 consecutive days. Each employee completes one week, then drops to the line below and continues in like manner until bottom line is completed then returns to top line and repeats cycle. The hours of work shall be scheduled between 0730 hrs. and 1930 hrs. The day shift scheduled shall be eleven hours including one unpaid hour for lunch at mid -shift. -43- THIS IS SCHEDULE "C -2" REFERRED TO IN THE FOREGOING AGREEMENT BEARING DATE OF OF , 2006, A.D., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER" AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL - CIO, CLC) "THE UNION" HOURS OF WORK Shift Sunday Monday Tuesday Wednesday Thursday Friday Saturday Hr 1 Off Day Day Day Day Off Off 40 2 Off Off Day Day Day Day Off 40 A shift constitutes a 7 -day work cycle comprised of 4 consecutive days on and 3 consecutive days off. The assigned of Shift 1 or Shift 2 shall be at the discretion of the Fire Chief. The hours of work shall be scheduled between 0730 hrs. and 1930 hrs. The day shift scheduled shall be eleven hours including one unpaid hour for lunch at mid -shift. -44- SCHEDULE "D" Military Service 1. Any employee who qualifies for acceptance by the C.A.F. (Reserves) shall be entitled to time off with full pay and benefits up to a maximum of 14 consecutive calendar days per annum for Reserve Training. This training time shall be in addition to holidays contained in this Collective Agreement. 2. Wages received for such approved Reserve Training shall be reported to the Employer and the employee shall have the option to choose the higher wage between the City and the Department of National Defence. -45- THIS IS SCHEDULE "E" REFERRED TO IN THE AGREEMENT BEARING DATE THE DAY OF , 2005, A.D., AND ENTERED INTO BETWEEN THE CITY OF SAINT JOHN, "THE EMPLOYER ", AND THE SAINT JOHN FIREFIGHTERS' ASSOCIATION, LOCAL UNION NO. 771, I.A.F.F. (AFL, CIO, CLC) "THE UNION" Clothine & Equipment Dress Uniform . 1 Tunic with 1 pair of Pants • Supplied in 1999: Planned replacement scheduled 5 years from said date. Patch Coat Unscheduled replacement of an individual's uniform will only be Gloves permitted if required need can be demonstrated in accordance with Helmet (complete) Article 24:01 • 1 Long Sleeve White Shirt c/w Fire Dept. Shoulder Flashes (replacement every 3 years) • 1 Tie (replacement each year) • 1 pair Black Dress Shoes (replacement every 5 years) • Uniform Cap (when required) • Employer agrees to make one (1) alteration if required during the term of issue for dress uniform only Work Issue • supplied each year with the exception of when dress uniform is issued • 2 pairs of Pants • 2 shirts (one long, one short sleeved) or as designated by employee • Jacket when required Footwear • 1 pair of black C.S.A. approved leather shoes or boots (replacement 2 years with the exception of year when dress shoes are issued) • Fire Prevention Personnel: 2 pair Boots or Shoes each year • Training Personnel: 1 pair of Boots each year Personal Equipment for Firefighting Duties Rubber Boots As required Bunker Pants As required Patch Coat As required Gloves As required Helmet (complete) As required Flash Hood As required -46- Schedule "F" This is Schedule "F" referred to in the Foregoing Agreement bearing the day of , 2005, A.D., and entered into between the City of Saint John, "The Employer" and the Saint John Firefighters' Association, Local Union No. 771, I.A.F.F. (AFL — CIO, CLC), "The Union ". 1" Day Off X Off Off Of F No Time Off 2nd Day Off X Off Off D(F) 1 Day Off P Da Off X) Off D D F 2 Days Off 4' Day Off X D D N(F) 2 Days, 1 Night Off I" Da D(X) D N N(F) 2 Days, 2 Nights Off 2nd Da D X N N Of F 1 Day, 2 Nights Off P Da D(X) N Off Of F 2 Nights Off 0 Da D X Off Off Of F 1 Night Off 1St Da Off X Off Off Off D(F) 1 Day Off 2" Day Off X Off Off D D F 2 Days Off 3 T'Day Off X Off D D N 2 Days, 1 Night Off 4'h Day Off X D D N N(F) 2 Days, 2 Nights Off 1St Da D X D N N O F 2 Days, 2 Nights Off 2" Da D(X) N N Off Of F 1 Day, 2 Nights Off 3 Da D X N Off Off O F 2 Nights Off 4t Da D X Off Off Off Off (F) 1 Night Off X — Day of Death F — Day of Funeral -47- LETTER OF AGREEMENT #1 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Loss of Income Option IT IS HERETO AGREED that the Employer shall work with injured employees and their Union to help alleviate loss of income resulting from injury on duty, subject to the following: the solution is shared (Employer - Union- employee); it complies with the Workers' Compensation Act; application will not result in a financial penalty to the Employer; and there remains an incentive to return to work. The program shall provide that the Employer adopt a policy to pay the full cost of health, dental and group life insurance benefits, as well as pension plan premiums, during the period an employee is in receipt of payments from the Workers' Compensation Board. The Union shall pay the full cost of union dues. This Letter of Agreement forms part of the Collective Agreement dated SIGNED on this day of December, 2005. FOR THE EMPLOYER: FOR THE UNION: -48- LETTER OF AGREEMENT #2 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Exclusion of the Rank Of Divisional Chief IT IS HERETO AGREED that the rank of Divisional Chief currently included in the Local 771 Bargaining Unit is hereby excluded from the Local 771 Bargaining Unit. Given this, the current incumbents, Thomas White and Michael Case will hold the rank of Divisional Chief in name only and will remain members of the Local 771 Bargaining Unit. These two employees will be paid the salary detailed herein until they leave the department, that is, 130% of the salary of a 1St Class Firefighter. These two employees will assume the duties and responsibilities of a Captain, Fire Prevention and Training Division. EFFECTIVE EFFECTIVE JAN. 1 /04 JULYI /04 $67,898 $69,256 EFFECTIVE EFFECTIVE JAN. 1 105 JULY 1 /05 $70,641 $72,054 EFFECTIVE EFFECTIVE JAN. 1106 JULY1 /06 $73,495 $74,965 EFFECTIVE EFFECTIVE JAN. 1/07 JUNE 30/07 $76,465 $77,994 This Letter of Agreement forms part of the Collective Agreement dated SIGNED on this day of December, 2005. FOR THE EMPLOYER: FOR THE UNION: .49. LETTER OF AGREEMENT #3 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Those employees on the Lieutenant's Roster as of January 1, 2001 An employee (who entered the Lieutenant's Roster prior to January 1, 2001, shall be required to re- qualify (one -time only) for the Roster after a period of five (5) years has passed since their last evaluation for that Roster. The re qualification process will require candidates to successfully complete one of the following options within the specified time frame following their fifth anniversary of entry into the Roster; a. Must successfully complete the written and practical components of the Roster as outlined in Article 17:08 (a) and (b). An employee who elects this option and fails to re- qualify within six weeks following their fifth anniversary of entry into the Lieutenant's Roster will be removed from the Roster. The employee will be eligible to re -enter the Roster at the next call for applications for the Lieutenant's Roster. [on b. Must successfully complete three courses from the Certificate in Fire Service Leadership (CFSL) program (Station Officer: Dealing with People; Station Officer: Dealing with New Operations; Environment of the Fire Station). In the event that any of the specified courses becomes unavailable, the candidate must complete a replacement course identified by the Chief Those employees whose anniversary date expires and select this option must register in a required course within 6 months and complete all required courses within 18 months of beginning the first course. An employee who fails to re- qualify within 18 months of beginning the first course will be removed from the Roster. The employee will be eligible to re -enter the Roster at the next call for applications for the Lieutenant's Roster. c. Time outside the employee's scheduled hours spent studying for the courses to requalify for the Lieutenant's Roster shall not be considered time worked. Subject to operational requirements, employees may undertake required course work while on duty. The employer will pay the cost of tuition and course materials, one time only, for each of the required courses. d. An employee who had failed to re- qualify for the Lieutenant's Roster and subsequently passes at a future date will take their place on the Roster, according to seniority, at the next call for applications for the Lieutenant's Roster. Employees who failed to re- qualify forfeit their right to any promotion that took place in the interim. _50- This Letter of Agreement forms part of the Collective Agreement date SIGNED on this day of December, 2005. FOR THE EMPLOYER: FOR THE UNION: -51- LETTER OF AGREEMENT # 4 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Composition of Qualified Captains Roster IT IS HERETO AGREED that when the following personnel have completed the requirements for admission to the Qualified Captains Raster as set forth herein they will be remunerated at the rate of 112.5 % of the salary of a 1S` Class Firefighter. Clarence Paget Daniel Paul Ralph Love William Breau Terry Saulnier Leonard Andrews Pieter Kalverboer John Allen Karl Maskos Kevin Forrest Thomas McIntyre Jerry Wilson Daniel McDevitt Stephen Chariton Steve DeForest Eldon Marks Paul McDade David McDougall Brian J. MacDonald Frank MacKinnon Daniel Aucoin George Adams Lawrence Cook J.C. Neil MacKenney Frederick Ramsay John Melanson Wayne McGrath As personnel are promoted to the rank of Captain and subsequently removed from the Qualified Captain's Roster it is the intent of the parties that no new names will be added to the Roster until such time that the Roster fails to meet the minimum requirements as set forth in Article(s) 17:01 (b), 18:03 (a). This Letter of Agreement forms part of the Collective Agreement dated SIGNED on this day of December, 2005. FOR THE EMPLOYER: FOR THE UNION: -52. Letter of Aweement #5 BETWEEN: The City of Saint John, New Brunswick "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Terms and Conditions Clothing and Equipment Pilot Project It is agreed that as part of the 2004 -- 2007 Collective Agreement, between the CITY OF SAINT JOHN and The Saint John Firefighters Association Local No. 771, IAFF, the parties shall jointly undertake a pilot project for the issue of clothing and equipment as outlined in Schedule "E ". The objective of the Clothing and Equipment Pilot Project is to provide the parties with an opportunity, on a one -year trial basis, to determine the mutually beneficial value to the issue of clothing and equipment. The parties agree that they shall create a forum to discuss all matters related to the uniforms and equipment including specifications, quality and issue. SIGNED, SEALED AND DELIVERED In the presence of: THE CITY OF SAINT JOHN ( "The Employer ") Mayor Common Clerk Witness THE SAINT JOHN FIREFIGHTERS ASSOCIATION LOCAL NO. 771 IAFF President Recording Secretary -53- Witness LETTER OF AGREEMENT #6 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Return to Work Committee The parties agree to focus efforts on active case management where an individual is absent from work due to illness or injury, the goal of which would be to see a timely return to work for the individual. Return to Work programs are based on the philosophy that many employees can safely perform productive work during the recovery process. Return to Work options can involve transitional duties (temporary work tasks that are meaningful and productive) and or a gradual return to work. It could also involve workplace modifications and /or assistive devices. Benefits of a comprehensive program are as follows: • Worker's benefit by a more rapid and complete recovery. They are also able to perform meaningful work while maintaining their income levels and job status within the organization. • Employer's benefit by a reduction in the length of time the employee is away from the work site, therefore reducing costs. • Unions benefit by protecting the employment and employability of their members. • Health care providers benefit by having an additional tool for helping injured workers recover form illness and injuries. In an attempt to move this matter forward the parties agree to a pilot project with a two (2) year duration. This project will commence on January 1, 2006. -54- RETURN TO WORK PROGRAM PILOT PROJECT Introduction The parties agree to establish a joint Return to Work Committee. The mandate of the Return to Work Committee will be the safe return to work of the injured or ill employee. This committee will consist of: two representatives of Local 771, a representative from the Fire Department and a representative of Human Resources. This initiative will be in the form of a two year pilot project in order for the parties to better define the process and determine the most effective methods to be used. The following documentation is intended to form the basis of discussion and consultation. Process Outline Once an employee has or will be absent from work for ten (10) consecutive calendar days. The following documentation must be forwarded to the Human Resources: Authorization for the release of medical information. • Other supporting documentation which could include: employee statement, employer's statement & attending physician's initial statement. Note: It will be the employee's responsibility to ensure that both their statement and the attending physician's statement are completed. Cost for the physician's statement will be paid by the employer. All claims will be forwarded to a third party expert provider (selected in consultation with Local 771) to review claims and make recommendations to the Return to Work Committee. The Return to Work Committee will meet to review claims based on the recommendations of the third party provider. The mandate of the Return to Work Committee will be the safe return to work of the injured or ill employee. The priority will be to return the affected employee to his/her own occupation first and /or secondly a position within his/her Bargaining Unit. A request for supplementary medical information from the attending physician during the process may be necessary to understand response to treatment, limitations, restrictions, and prognosis with respect to return to work. Such requests for supplementary information would be collected on a separate form. Once again it will be the employee's responsibility to have their attending physician complete. Should the third party provider deem it appropriate to request information from a medical practitioner to understand the nature of any specific restrictions that may be necessary in order to facilitate the return to work. This information would be collected using a return to work assessment form. Once an employee is ready to begin a return to work, the Return to Work Committee along with the third party provider would develop the specific return to work plan for individual cases. -55- The Human Resource Officer assigned responsibility in this area will lead, monitor, and manage the process. At any time during the period of illness the third party provider may have the employee assessed in order to determine if she or he is a candidate for Long Term Disability benefits. Should it be determined that an application for Long Term Disability is appropriate the employee must make application to the City of Saint John Pension Board. Any information collected through the Sick Leave process will be held in strict confidence and will not be shared with the long term disability provider unless otherwise approved by the affected employee. This Letter of Agreement forms part of the Collective Agreement date SIGNED on this day of Dec 2005, FOR THE EMPLOYER: FOR THE UNION: -56- LETTER OF AGREEMENT #7 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Salary Adjustment — 5 Senior Holiday Relief Personnel Effective January 1, 2006 the salary of the following holiday relief personnel will be equivalent to a 4th class firefighter. The personnel include the following: Shelly Gauthier Jamie Maillet Scott Summerville Kevin Richards Kevin Robertson These employees will retain the salary of a 4th class firefighter until such time as they are appointed to a permanent position and occupy that position for a period of one year. This agreement shall expire upon the appointment of the junior employee. Also this agreement shall apply only to those employees listed herein. This Letter of Agreement forms part of the Collective Agreement date SIGNED on this day of Dec 2005. FOR THE EMPLOYER: FOR THE UNION: .57- LETTER OF AGREEMENT # 8 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters' Association Local No. 771, IAFF "The Union" SUBJECT: Professional Development The allocation of training courses acknowledged as being part of the professional development of the employee ranks as defined in the Collective Agreement, shall be assigned to the most senior person in the identified platoon /group, or division who responds to the expression of interest. This Letter of Agreement forms part of the Collective Agreement dated SIGNED on the day of December, 2005. FOR THE EMPLOYER: FOR THE UNION W11-11I LETTER OF AGREEMENT #9 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Current Incumbents Fire Prevention and Investigation Division IT IS HERETO AGREED that the composition of the Division upon the signing of the collective agreement will consist of one Captain Fire Prevention, two Lieutenant's Fire Prevention and three Fire Inspectors. There shall be one name on the "Roster" for Captain Fire Prevention. Lieutenant Jerry Wilson shall be the one name placed upon the "Roster" for Captain Fire Prevention. Given this he will immediately receive 112.5 % of the Salary of Fire Class Firefighter as detailed in Article 17. Inspector Neill MacKenney will retain the rank of Lieutenant, Roy Nolan, Dean Moriarity and Mark Wilson will retain the rank of Inspector. The current incumbents have two options with respect to their future within the Division. Option 1; the incumbents can choose to complete the Professional Development Program as outlined in Article 17 and be promoted in accordance with the provisions as set forth herein. Secondly, they can choose not to participate in the Professional Development Program as outlined in Article 17 and can be transferred to the operations branch of the department and retain their seniority. In this instance they would be required to qualify at their respective level within Operations; their pay will be based upon their appropriate rank in schedule A -1. The Parties recognize that under the new competency based "Professional Development Program" outlined in Article 17, there will be no longer be "acting pay "; however, they will achieve the new rank of "Fire Prevention Officer" immediately upon completion of the required courses. These courses, or equivalents, shall be provided by the Employer through the respective authorized providers; in an expedited fashion. All Employees in the Division shall within 90 days of the signing of the Collective Agreement express in writing, to the Fire Chief, the selection of their personal option, as outlined below: -59. Pursue the "Professional Development Program" as detailed in Article 17 to achieve the next level of expertise. It is recognized that past roles of individuals as "Acting Lieutenants" or "Acting Captains" is not considered to meet the new standard for remuneration under the structure of Inspectors, Fire Prevention Officers and Captain. 2. Opt to return to their position in Fire Department Operations (where applicable) with retention of departmental seniority. SIGNED on this day of , 2005 FOR THE EMPLOYER: FOR THE UNION: -60- LETTER OF AGREEMENT # 10 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters' Association Local No. 771, IAFF "The Union" SUBJECT: Constant Manning To clarify the intent of Article 24:01, at no time shall any apparatus remain in service with fewer than the staffing levels as described. In the event that constant manning funds are depleted part- way through a fiscal year, and sufficient funds are unavailable to maintain safe staffing levels on all apparatus the following shall apply: Apparatus with fewer than the prescribed number of personnel shall be placed out of service and its' crew redeployed amongst remaining companies. This Letter of Agreement forms part of the Collective Agreement dated SIGNED on the day of December, 2005. FOR THE EMPLOYER: FOR THE UNION -61- REPORT TO COMMON COUNCIL January 13, 2006 M &C #2006 -17 The City of Saint John His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: SEEKING PROFESSIONAL ADVICE: PENSION DEFICIT Attached please find a copy of the correspondence recently sent to Morneau Sobeco stemming from Council's decision of December 2005. The correspondence not only reflects the specific resolution of Council, staff took the liberty of asking Morneau Sobeco if they had any comments to make with respect to the topic of Pension Obligation Bonds. Staff also specifically asked whether there existed any professional, ethical or technical reason why the firm could not accept this engagement. There are professional rules of conduct that govern such decisions and I am sure Morneau Sobeco will act appropriately. The advice that is being sought is in addition to the independent legal advice Council had previously obtained If at any time after Morneau Sobeco's advice is received, members of Council are able to articulate a question for which professional answers have not been forthcoming because of the lack of in -house expertise, Council can be assured that as City Manager, I would always recommend that Council seek outside professional expertise. RECOMMENDATION: i is eport be receiv d filed. full su itte Terrence L. Totten, FCA CITY MANAGER Enc. 64_)I'SAINT JOHN January 3, 2006 Mr. Fred Lewis Morneau Sobeco 850 Carleton Place 520 King Street Fredericton, N.B. Dear Mr. Lewis: The city of Saint John P.O. Box /C.P. 1971 Saint john, NB/N--B. Canada E2L41-1 www.saintjohn.ca I am writing to you today in my capacity as City Manager of the City of Saint John and not in my capacity as a Member of the Board of Trustees of the City of Saint John Pension Fund. You will recall that once before, specifically on November 12, 2004 to which you responded on January 24, 2005,1 wrote to you in this same capacity seeking advice for the benefit of Members of Common Council. Unfortunately a year has passed and I must now once again write to you upon being directed so by Common Council. At its meeting of December 19, 2005, Council adopted the following resolution: Resolved that Council request the Mayor, with the assistance of the City Manager and/or Commissioner of Finance, engage the Actuary, Morneau Sobeco, to prepare an independent professional report complete with recommendations as to the steps Council must take to: a) ensure that its actions are consistent with the legislative requirements, b) minimize the effects of the Going Concern Deficit on the taxpayers of this community, C) should there be a conflict between (a) and (b) to propose any necessary changes to the Plan, d) propose changes to the Plan that will reduce or possibly eliminate the risks of future deficiencies in the Plan being borne by the taxpayers of this Community, and Explore our past/ Explorez notre pass6 Discover your future f Ddcouvrez votre avenir Grand Bay - Westfield • Quispamsis • Rothesay • St. Martins • Saint john Letter to - Mr. Fred Lewis — Morneau Sobeco Subject: City of Saint John Pension Fund Page 2 e) to provide advice, regarding the proposal made by the Province and referenced in the City Manager's Report, Pension Deficit /2006 Operating Budget (A Second Draft), dated December 16, 2005. Obviously, Council recognizes that in order to provide some of the advice and recommendations requested, it is essential that an Actuarial Valuation of the Plan as at December 31, 2005, be completed as soon as humanly possible. In this regard, I am forwarding a copy of this correspondence directly to Mr. Patrick Woods, Secretary and Mr. Andrew Beckett, Treasurer of the Board of Trustees so that all of the necessary information can be supplied to you on a timely basis as well as any arrangements made respecting face to face meetings with the Board so that the various actuarial assumptions can be reviewed and understood. I am also providing copies of two other pieces of correspondence, namely; 1. A Report to Council From Myself Dated December 16 2005, This report endeavors to describe a recent proposal made by provincial officials. Essentially, it was proposed that the City of Saint John Pension Act be repealed and be replaced by Saint John Municipal Bylaw Respecting Pensions. Notwithstanding the various political challenges that may come from such a change, Council would appreciate your technical advice as to what steps would need to be taken, any pitfalls of which Council should be aware and finally any legislative restrictions that might prevent this from occurring. 2. Order From the Superintendent of Pensions dated December 16, 2005 Although only recently received, Council has authorized staff to borrow the necessary funds to meet its obligations with respect to the Going Concern Deficit for the years 2004, 2005 and including 2006. In the Order, a requirement is that the City's payment be verified by the Plan's Actuary. We would ask that you provide Mr. Beckett with the calculations as ordered by the Superintendent. Finally, during the last year the possibility of the City of Saint John issuing what Councilors have described as 'Tension Obligation Bonds ", as has occurred in some U.S. jurisdictions. Notwithstanding some comments that I and or Mr. Beckett have made to Council with respect to Pension Obligations Bonds, Council is having difficulty in getting past this concept. Just this past week, it was suggested that issuing such bonds would be of significant benefit to the City. Letter to - Mr, Fred Lewis — Morneau Sobeco Subject: City of Saint John Pension Fund Page 3 Given this, T would certainly appreciate any comment that you might make with respect to the U.S. environment versus the Canadian environment when it comes to this suggestion, any legislative restrictions that might exist or finally any other advice that you believe would be of assistance to Council. Should you have any questions, please do not hesitate to call either myself or Andrew. Having said this, if there are any professional, ethical or technical reasons why the firm could not accept this engagement, Council would want to be so advised. in y, Terrence L. Totten, FCA CITY MANAGER ATTACHMENTS: COPIES TO: • Members of Council • Andrew Beckett • Patrick Woods • Angela Mazerolle Stephens, Superintendent of Pensions 1 S� City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, May 16, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 ENACTED BY -LAWS Public Notice is hereby given that the following by -laws enacted by the Common Council of The City of Saint John have been approved by the Minister of Environment and Local Government if required, and have been filed in the Office of the Registrar of Deeds in and for the County of Saint John and became effective on the dates noted below, namely: 1. By -law Number C.P. 121 Saint John Subdivision By -law 2. By -law Number C.P. 110 -1 A Law To Amend The Zoning By -law of The City of Saint John (re 70 Thorne Avenue) 3. By-law Number C.P. 105 -1 A Law To Amend The Municipal Plan By -law (re McAllister Drive at Mountain View Drive) 4. By -law Number C.P. 110 -2 A Law To Amend The Zoning By -law of The City of Saint John (re McAllister Drive at Mountain View Drive) 5. By -law Number C.P. 110 -3 A Law To Amend The Zoning By -law of The City of Saint John (re 79 -81 Red Head Road) DATE FILED ARRETESDECRETES Par les prdsentes, un avis public est donne par lequel les arretds suivants, ddictds par le conseil communal de The City of Saint John, ont 6t6 approuv6s par le ministre de 1'Environnement et des Gouvemements locaux, au besoin, et depos6s au bureau d'enregistrement des actes dans le comtd de Saint John pour ce comt6 et sont entr6s en vigueur aux dates indiqudes ci- dessous : January 27, 2006 1. Arrete numero C.P. 121 concemant le lotissement de Saint John January 19, 2006 2. Arretd numero C.P. 110 -1 modifiant 1'arr6t6 sur le zonage de The City of Saint John (visant le terrain situe au 70, avenue Thorne) February 2, 2006 3. Arret6 numero C.P. 105 -1 modifiant 1'arret6 concernant le plan municipal (visant ]a promenade McAllister a l'intersection de la promenade Mountain View) February 2, 2006 4. Arret6 numero C.P. 110-2 modifiant 1'arrete sur le zonage de The City of Saint John (visant la promenade McAllister a 1'intersection de la promenade Mountain View) February 2, 2006 5. Arret6 numero C.P. 110 -3 modifiant 1'arret6 sur le zonage de The City of Saint John (visant ie terrain situ& au 79 -81, chemin Red Head) DATE DE DEPOT Le 27 janvier 2006 Le 19 janvier 2006 Le 2 fevrier 2006 Le 2 fevrier 2006 Le 2 fevrier 2006 6. By -law Number February 15, 2006 6. Arrete numero C.P. 110 -5 A Law To C.P. 110-5 modifiant 1'arrete Amend The Zoning sur le zonage de The City of By -law of The City Saint John (visant le terrain of Saint John (re 1169 situe au 1169, chemin Manawagonish Road) Manawagonish) 7. By -law Number February 27, 2006 7. Arrete numero C.P. 110 -4 A Law To C.P. 110-4 modifiant 1'arrete Amend The Zoning sur le zonage de The City of By -law of The City Saint John (visant le terrain of Saint John (re 660 situe au 660, avenue Rothesay) Rothesay Avenue) 8. By -law Number February 27, 2006 8. Arrete numero C.P. l 10 -6 A Law To C.P. 110 -6 modifiant I'arr&6 Amend The Zoning sur le zonage de The City of By -law of The City Saint John (visant le terrain of Saint John (re 186 situe au 186, rue Queen Ouest) Queen Street West) 9. By -law Number April 20, 2006 9. Arrete numero C.P. 110 -8 A Law To C.P. 110-8 modifiant I'arrete Amend The Zoning sur le zonage de The City of By -law of The City Saint John (visant le terrain of Saint John (re 411 situe au 411, rue Cushing) Cushing Street) 10. By -law Number April 20, 2006 10. Arrete numero C.P. 110 -9 A Law To C.P. Arrete numero 110 -9 Amend The Zoning modifiant 1'arrete sur le zonage By -law of The City de The City of Saint John of Saint John (re 217- (visant le terrain situe au 225 Victoria Street) 217 -225, rue Victoria) 11. By -law Number April 21, 2006 11. Arrete numero C.P. 110 -10 A Law To C.P. 110 -10 modifiant I'arrete Amend The Zoning sur le zonage de The City of By -law of The City Saint John (visant le terrain of Saint John (re 2 St. situe au 2, rue St. Paul) Paul Street) Le 15 fevrier 2006 Le 27 fevrier 2006 Le 27 fevrier 2006 Le 20 avril 2006 Le 20 avril 2006 Le 21 avri 12006 Common Clerk's Office Bureau du greffier communal wxvxv.saintjohn.ca February 3, 2006 / 3 fevrier 2006 Mr. Frederick Corscadden 2412 Loch Lomond Road Saint John, N.B. E2N 1A4 Dear Sir: Re: 79 -81 Red head Road P.O. Box/C.P. 1971 Saint John. NB /N. -B. Canada E21, 4L1 or C26 o - The Ciry of Saint john Monsieur, Objet: 79 -81, chemin Red Head Enclosed is a copy of an amendment Vous trouverez ci -joint une copie d'une to the Zoning By -law of The City of modification apportee a I'arr6te sur le zonage Saint John with respect to the above de The City of Saint John relatjvement a la property. propriete susmentionnee. Pursuant to the provisions of the Conformement aux dispositions de la Lai sur Community Planning Act, the By -law l urbanisme, I'arrete a et6 enregistr6 au was recorded in the Registry Office on bureau d'enregistrement le 2 fevrier 2006 et it February 2, 2006 and became est entr& en vigueur la meme date. effective on that date. Yours truly, J. Patrick Woods Common Clerk / Greffier Communal JPW /jaf encl. 1 P. j. Veuillez agreer, Monsieur, Madame, i'expression de nos sentiments distingues_ cc / c,c.: Jim Baird, Commissioner / Commissaire Planning and Development / Urbanisme et developpement Common Clerk's Office Bureau du greffier communal www.saintjohn.ca January 31, 2006 Mr. Frederick Corscadden 2412 Loch Lomond Road Saint John, NB E2N 1A4 Dear Sir: P.0_ Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 At a meeting of the Common Council, held on January 16, 2006, the following resolution was adopted, namely:- "RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -3 A Law To Amend The Zoning By -law of The City of Saint John" by re- zoning a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID Number 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto." Pursuant to the Community Planning Act, the said by -law will not become effective until it is recorded in the Registry Office. You will be notified when this procedure has been carried out. Yours truly, �L J. atrick Woods Common Clerk JPW /slc 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 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2006 and signed by: Mayor/Maire ARRETE No C.P. 110 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr&t6 ce qui suit : L'arret6 sur le zonage de The City of Saint John, decrete le quatorze 19 d6cembre 2005, est modifi6 par: I La modification de 1'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation : D'une parcelle de terrain d'une superficie d'environ 800 metres canes, situ6e au 79- 81, chemin Red Head, et portant le NID 00344119, afin de la faire passer de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» A zone r6sidentielle — habitations de quatre logements <<R -4». - toutes les modifications sont indiqu6es sur le plan ci -joint et font partie du present arr6t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2006, avec les signatures suivantes . Common Clerk/Greffrer communal First Reading - August 29, 2005 Premiere lecture - 29 aout, 2005 Second Reading - August 29, 2005 Deuxieme lecture - 29 ao0t, 2005 Third Reading - Troisieme lecture - BY -LAW NUMBER C.P. 110 -3 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 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the 16'' day of January, A.D. 2006 and signed by: ARRETE No C.P. 110 -3 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6crdt6 ce qui suit : L'arretd sur le zonage de The City of Saint John, decret6 le quatorze 19 d6cembre 2005, est modifid par: 1 La modification de 1'annexe (<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation: D'une parcelle de terrain d'une superficie d' environ 800 metres carres, situee au 79- 81, chemin Red Head, et portant le ND) 00344119, afin de la faire passer de zone r6sidentielle de banlieue - habitations unifamiliales et bifamiliales «RS -2» a zone r6sidentielle - habitations de quatre logements <<R -4». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 16 janvier 2006, avec les signatures suivantes : Mayor/Maire — Al - ti Lna �' Corlt Clerk/Greffier communal First Reading - August 29, 2005 Premiere lecture - 29 aout, 2005 Second Reading - August 29, 2005 Deuxieme lecture - 29 aout, 2005 Third Reading - January 16, 2006 Troisieme lecture - 16 janvier 2006 A' PLANNING AND DEVELOPMENT / URBANISME ET DI`VELOPPEMENT REZONING / REZONAGE Amending Map Sheet 135 of Schedule "A" of the Zoning By -Law of the City of Saint John Modifiant carte 135 Annexe «A» du Reglement de zonage de The City of Saint John /Air / a m s FROM / DE TO / A RS -2 - One and Two Family R-4 - Four Family Residential Suburban Residential r6sidentielle- habitations de r6sidentielle de banlieue - quatre logements habitations unifamiliales et bifamiliales Applicant: Frederick Corscadden Location: 79-81 chemin Red Head Road PID(s)/NIP(s): 00344119 06P -08SE Drawn By /Cr66e Par: Tamara Duke Date Drawn /Carte Creee: September 8 septembre, 2005 Recommended by P.A.C./Recommand6 par le C.C.U.: August 23 ao0t, 2005 Enacted by Council/Approuv6 par le Conseil: Filed in Registry Office /Enregistr6 le: REPORT TO COMMON COUNCIL M &C- 2006 -014 p: d. January 12, 2006 The City of Saint John His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 79 -81 Red Head Road On August 29, 2005 Common Council held a Public Hearing concerning a rezoning application at the above- mentioned property. As recommended by the Planning Advisory Committee, Council gave first and second reading to the rezoning but decided not to proceed with a subsequent third reading until existing building code deficiencies had been resolved by the landowner (see attached staff report). Recently the Building Inspector has advised that the necessary work has been completed to resolve these deficiencies. It is now appropriate to proceed with the third reading of the rezoning. RECOMMENDATION: That Common Council give third reading to the requested rezoning of a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential, espeLully sub mitted, I GA� Jio R. Baird, MCIP ommissioner Planning and Development MRO /m � L� Terrence Totten, F.C.A. City Manager Planning and Development P.O. Box/C,P, 1971 Urbanisme et developpement Saint John, NB/N. -B, «l Canada E2L 4Li ww.saintjohn.ca DATE: AUGUST 19, 2005 The City of Saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 23, 2005 Mark O'Heam Planning Officer SUBJECT: Name of Applicant: Frederick Corscadden Name of Owner: Frederick Corscadden Location: 79 -81 Red Head Road PID: 00344119 Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "R -4" Four Family Residential Proposal: To rezone a property in a manner that would allow for the continued use of a four -unit apartment building. Type of Application: Rezoning Frederick Corscadden Page 2 79 -81 Red Head Road August 19, 2005 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 29, 2005. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. 2. That Common Council not give third reading to this rezoning until such time that confirmation from the Building Inspector is received indicating that the outstanding building code deficiencies have been resolved. BACKGROUND: On September 7, 2004 the Planning Advisory Committee considered a rezoning application by the former landowner (Janet Furrow), who requested that the subject property be rezoned from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. At that time, the Fire Department had commented that the existing secondary means of egress from the second floor apartments appeared not to be able to support firefighting rescue operations, and that they would have to be assured that this stairway was affixed properly in order to satisfy applicable NFC and NBC standards. Also, concern was raised with regards to the shared means of egress for the apartments at the rear and proper fire separation. It was suggested by the Fire Department that the property not be rezoned until all appropriate building code violations were resolved. No inspection had been done by Building and Technical Services at that time. As recommended by planning staff, the Committee recommended to Common Council that only first and second reading to the requested rezoning be given. Third reading would only occur once confirmation from the Building Inspector that all the outstanding code deficiencies were resolved. This was agreeable to the landowner's legal counsel who appeared at the Public Hearing. First and second reading by Common Council was given on September 13, 2004. Frederick Corscadden 79 -81 Red Head Road Page 3 August 19, 2005 Since that time the property has been purchased by the applicant, and the time period imposed by the Community Planning Act to adopt the proposed by -law amendment (i.e., rezoning) has elapsed. The new Iandowner has initiated another rezoning application. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this rezoning application. Building and Technical Services has indicated that a letter was sent to the previous landowner's legal counsel on September 23, 2004 outlining all the outstanding building code deficiencies. These violations were to be communicated to the pending purchaser in order to be resolved by the new landowner. A letter was sent to the new landowner on March 1, 2005 indicating that the property was not properly zoned for the existing 4 -unit apartment building. Recently, on August 2, 2005 an inspection of the property was conducted by a building inspector. At that time all four units were still being occupied. Stairs had been constructed along the right side of the building, presumably for another second exit upstairs. This work occurred without any permit. Of the two apartment units that could be inspected, both still require work in order to resolve outstanding code violations. One of these units was the one in which the landowner suggested would be vacated. Saint John Energy has no objection to the proposed rezoning, and has indicated that service to the existing apartment building as occurred for many years. Aliant Telecom has no concerns with the proposed rezoning of the subject property. Rogers has been advised of this matter. Fire Department has no objection to the requested rezoning provided the following Code violations are resolved in conjunction with building permits from Building and Technical Services: (a) The rear exit door from Apartment No. 2 to the common stairwell with Apartment No. 4 needs to be properly rated and have rated hardware (self closing device), or remove the door and seal it off. (b) The back stairs and balcony are to be repaired properly. Frederick Corscadden 79 -81 Red Head Road ANALYSIS: Subiect Property and Neiekbourhood Page 4 August 19, 2005 The subject property is situated south of the Red Head Road and Bayside Drive intersection (see attached location map). The site is on the eastern side of the road with a view of the Saint John Harbour. A two - storey apartment building containing 4 apartment units is located on the property. An asphalt driveway and rear parking area for approximately 6 -8 vehicles has been developed. According to the previous landowner the apartment building has existed for many years, and was a 4 -unit building when it was purchased by the current landowner. It is obvious from the design of the building that it was originally constructed as a multiple - family residence. The area to the south is primarily comprised of one - family homes. However, the property immediate adjacent to the south at 91 Red Head Road was rezoned to "B -2" General Business in 1986 to permit a motorcycle sales and repair business. Also, in order to accommodate new signage for a long- existing convenience store, the property at 119 Red Head Road was rezoned to "B -1" Local Business. Due to the close proximity of the shore there is no development across the street. Municipal Plan and Rezoning The new landowner is seeking permission to rezone the subject property from "RS -2" One and Two Family Suburban Residential to 11114" Four Family Residential. As mentioned, this request would place the property into the proper zoning category for its continued use as a 4 -unit apartment building. The area is designated by the Municipal Development Plan as Low Density Residential. Such a designation permits the development of one, two, and multiple - family buildings when compatible with the surrounding neighbourhood. The City has favourably considered rezoning applications for certain properties containing long - existing non - conforming land uses. Such applications are generally approved in cases where such long- existing uses have not, and will not likely in the future, adversely affected their residential neighbourhood. The alternative is to allow them to remain as non - conforming uses in the hopes that they eventually are discontinued. In the meantime, however, refinancing and mortgaging of such properties is difficult as lending institutions are often unwilling to be involved if the zoning does not reflect the present use (especially in the case of rental units). As mentioned, while the area is predominantly comprised of one - family homes, there are some nearby commercial properties. Also, the subject property is some distance away from the Frederick Corscadden 79 -81 Red Head Road Page 5 August 19, 2005 residential area and along a collector road. Therefore, rezoning of the existing 4- family building can be recommended in this particular case. Building Code Issues The proposed rezoning of properties containing non - conforming uses, especially multiple - family buildings, provides opportunity to ensure that minimum standards and any significant building code issues are resolved. Building and Technical Services and the Fire Department have indicated that there are building code violations still not resolved. A letter outlining these code issues was sent to the previous landowner's legal counsel last year, which was to be forwarded to the new landowner upon purchase of the property. A recent inspection of the property revealed that there still are a number of outstanding deficiencies. Not unlike the previous rezoning application made by the former landowner, it would be prudent for the City not to approve the rezoning until such time the outstanding code issues are resolved by the new landowner. Therefore, it is recommended that Common Council only give first and second reading to the requested rezoning. Third reading would be provided once these code deficiencies are resolved to the satisfaction of the Building Inspector. It should be noted that in order to satisfy the time constraints of the Community Planning Act, this rezoning will have to be adopted by no later than February 2, 2006, or yet another rezoning application would need to be initiated by the new landowner. CONCLUSION. The applicant is seeking permission to rezone the subject property in a manner that would permit the long - existing apartment building. While this rezoning request can be supported, there remains building code issues that ought to be resolved prior finalizing the rezoning amendment. Therefore, it is recommended that third reading to the requested rezoning not be given until these deficiencies are resolved to the satisfaction of the Building Inspector, MRO /m Project No. 05-217 PLANNING AND DEVELOPMENT l URBANISME ET DEVELOPPEMENT M b fl • r D • �1 • i t • }S i i• i } i Z M` � M • } '♦ B - B 1 • N i% M PID(s) /NIP(s): Subject Site: site en question: 00344119 Location: 79 -81 ch. Red Head Rd, Date: August/ ao0t 12, 2004 Scale /echelle: 1 :3000 Map No /carte: 06P -07NE Rya 0 f ♦ Cl/' I a r m F � � O i P rOpPr�Y _k.w 9tunaw,t 4. Grid Norlh �i li c" > r •4 n b r � $ a v • p 3r .^. ? H -, a a 'n s t,. r,, � •n � �. b� 9 :aw•r'I�:1 s K ., -, JO " OW J' b �r v`nA I oar ?'boo f ♦ Cl/' I a r m F � � O i P rOpPr�Y _k.w 9tunaw,t 4. Grid Norlh �i li c" > r � p � ti $ v • p 3r .^. ? H -, a a 'n s t,. r,, � •n � �. z K ., giN a m CA O G T • � ~ f ` � � N. �I � � V y ti -1 r .oruo _ f► •- O. n�u ... vN O� axqQq�'5 99 T ip 3� �` ro 1 <a 5 o��.°. i •° 7 p gg Q it f 3 f, O µ n 5���000 n H r A i• ,� w• ° -t S _• ir m p _� vui�li A �[ Ni � p A � Oa• � Application for a Zoning By -law Amendment \ Demande de modification A Parr &6 sur le zonage } Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur Lk'� p Postal Code /Code postal Telephone Number/ Numdro de telephone b Home / Domicile Fax Number / Numdro de telecopieur e-2-0 - IP& Work / Travail Name of Property Owner (if different) /�-N�om du propridtaire (si diffdrent) Address / Adresse —Postal Code / Code postal j { Property Information / Renseigneme'7 I ntss sur la propriW ` Location / Emplacement (9b. Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 1200 Street Frontage / Farade sur rue e2�0 MZS Existing Use of Property / Utilisation actuelle de la propriete jr)&k, 0L- Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal LzYZ lgkiq�A V,92� Amendment Requested /Modification demandue Present Zoning / Zonage actuel KS — 2-- !IY Change Zoning to / Modification du zonage A and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 19 Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition ro eeRrru`�fi c�> �- .D U4 You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a Nchelle illustrant votre proposition. Vous pouvez 9galement fournir des photographies, des plans de b4timent, des dessins de plan d'416vation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propriN, !'emplacement de la totalitJ des bdtiments, des al/Jes, des arees de stationnement, des am6nagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de to propr W et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuv6es. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait We utile. Signature of Applicant / Signature du demandeur Date � �' 4. /ys $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ ti 1 u 'V;Y * Ifyou are not the owner ofthe land in question Si vous n etespas le proprigtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propri6taire dans to partie the owner is authorizing this application to proceed ci- dessous. La signature du propridtaire autorisant le for consideration by Common Council. traitement de la pr6sente demande pour que cette derniere soil examinge par le conseil communal. Signature of Owner (if applicable)' Signature due proprietaire (s'il y a lieu) Date: PROPOSED ZONING BY -LAW AMENDMENT RE: 79 -81 REDHEAD 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 on Monday, August 29, 2005 at 7 :00 p.m., by: Rezoning a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. REASON FOR CHANGE: To rezone the property in a manner that would allow for the continued use of the property with a four -unit apartment building, The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 79 -81, CHEMIN RED HEAD Par les presentes, un avis public est donna par lequel le conseil communal de The City of Saint John indique son intention d'apporter les modifications suivantes a Farretd sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra le lundi 29 aout 2005 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 800 metres canes, situde au 79 -81, chemin Red Head, et portant le N1D 00344119, afin de faire passer la designation s'y apportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone r6sidentielle — habitations de quatre logements <<R -4». RAISON DE LA MODIFICATION: Rezonage de la propriete de mani&e a permettre ]'utilisation continue de la propri6t6 avec un edifice A quatre logements. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du developpement A Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8h30 et 16h30 du lundi au vendredi, sauf les jours ferids. Veuillez faire parvenir vos objections au projet de modification par ecrit a ]'attention du soussigne a Ph6tel de ville. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, August 2, 2005 Tuesday, August 23, 2005 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub- Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 S - 4 a asa imqr xY n ^y e, do C-1 IV CW a N 45 g CC 0 C3 z d�Lg° o �E C1 ea .� .JY Y`l°r V 44r 4L .1 Edo CP t i � .na.a.• � ( � 'y N � 'r n � >1 p CL . 3' .]� � 9 r. � i.._ � N Gaa Grp ?• .� Le Q. Jci V 'd 4l�OH P'J9 fx • r O O J t� t 4 ti tl `• •b ..� O ' w a• ti J ti ~ �d irrt ely a� +14 H } BY -LAW NUMBER C.P. 100 - 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 fourteenth day of November, A.D. 1983, 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 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R4" Four Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2005 and signed by: Mayor/Maire ARRETE No C.P. 100 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par: 1 La modification de Pannexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation : D'une parcelle de terrain d'une superficie d'environ 800 metres carres, situee au 79- 81, chemin Red Head, et portant le NID 00344119, afro de 1a faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone residentielle — habitations de quatre logements <<R -4». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2005, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Planning P.O. Box 1971 506 658 -2800 Advisory Committee Saint John New Brunswick Canada E2L 4L1 k OPEN SESSION August 25, 2005 Your Worship and Councillors: R'l'9 City of Saint John SUBJECT: Proposed Rezoning 79 -81 Red Head Road On August 3, 2005 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 23, 2005 meeting. The applicant appeared before the Committee in support of the application and staff recommendation. The landowner indicated that he is aware of the outstanding building code issues, and is desirous of completing the remaining work in order to satisfy the Building Inspector. No other presentations were made at the meeting, and no letters from area residents was received. After considering the matter, the Committee resolved to adopt staff recommendation, which is set -out below for your convenience. RECOMMENDATION: That Common Council rezone a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. 2. That Common Council not give third reading to this rezoning until such time that confirmation from the Building Inspector is received indicating that the outstanding building code deficiencies have been resolved. Res reHorgan ubmitted, e- Vice- Chairman MRO /m Attachment Planning and Development P.O. Box/C.P. 1971 Urbanisme et developpement Saint John, NB/N. -B. Canada E2L 4LI www.saintjohn.ca DATE: AUGUST 19, 2005 The City of Saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 23, 2005 cmx Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Frederick Corscadden Name of Owner: Frederick Corscadden Location: 79 -81 Red Head Road PID: 00344119 Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "R -4" Four Family Residential Proposal: To rezone a property in a manner that would allow for the continued use of a four -unit apartment building. Type of Application: Rezoning Frederick Corscadden Page 2 79 -81 Red Head Road August 19, 2005 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 29, 2005. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. 2. That Common Council not give third reading to this rezoning until such time that confirmation from the Building Inspector is received indicating that the outstanding building code deficiencies have been resolved. BACKGROUND: On September 7, 2004 the Planning Advisory Committee considered a rezoning application by the former landowner (Janet Furrow), who requested that the subject property be rezoned from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. At that time, the Fire Department had commented that the existing secondary means of egress from the second floor apartments appeared not to be able to support firefighting rescue operations, and that they would have to be assured that this stairway was affixed properly in order to satisfy applicable NFC and NBC standards. Also, concern was raised with regards to the shared means of egress for the apartments at the rear and proper fire separation. It was suggested by the Fire Department that the property not be rezoned until all appropriate building code violations were resolved. No inspection had been done by Building and Technical Services at that time. As recommended by planning staff, the Committee recommended to Common Council that only first and second reading to the requested rezoning be given. Third reading would only occur once confirmation from the Building Inspector that all the outstanding code deficiencies were resolved. This was agreeable to the landowner's legal counsel who appeared at the Public Hearing. First and second reading by Common Council was given on September 13, 2004. Frederick Corscadden Page 3 79 -81 Red Head Road August 19, 2005 Since that time the property has been purchased by the applicant, and the time period imposed by the Community Planning Act to adopt the proposed by -law amendment (i.e., rezoning) has elapsed. The new landowner has initiated another rezoning application. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this rezoning application. Building and Technical Services has indicated that a letter was sent to the previous landowner's legal counsel on September 23, 2004 outlining all the outstanding building code deficiencies. These violations were to be communicated to the pending purchaser in order to be resolved by the new landowner. A letter was sent to the new landowner on March 1, 2005 indicating that the property was not properly zoned for the existing 4 -unit apartment building. Recently, on August 2, 2005 an inspection of the property was conducted by a building inspector. At that time all four units were still being occupied. Stairs had been constructed along the right side of the building, presumably for another second exit upstairs. This work occurred without any permit. Of the two apartment units that could be inspected, both still require work in order to resolve outstanding code violations. One of these units was the one in which the landowner suggested would be vacated. Saint John Energy has no objection to the proposed rezoning, and has indicated that service to the existing apartment building as occurred for many years. Aliant Telecom has no concerns with the proposed rezoning of the subject property. Rogers has been advised of this matter. Fire Department has no objection to the requested rezoning provided the following Code violations are resolved in conjunction with building permits from Building and Technical Services: (a) The rear exit door from Apartment No. 2 to the common stairwell with Apartment No. 4 needs to be properly rated and have rated hardware (self closing device), or remove the door and seal it off. (b) The back stairs and balcony are to be repaired properly Frederick Corscadden page 4 79 -81 Red Head Road August 19, 2005 ANALYSIS: Subject Property and Neighbourhood The subject property is situated south of the Red Head Road and Bayside Drive intersection (see attached location map). The site is on the eastern side of the road with a view of the Saint John Harbour. A two - storey apartment building containing 4 apartment units is located on the property. An asphalt driveway and rear parking area for approximately 6 -8 vehicles has been developed. According to the previous landowner the apartment building has existed for many years, and was a 4 -unit building when it was purchased by the current landowner. It is obvious from the design of the building that it was originally constructed as a multiple - family residence. The area to the south is primarily comprised of one - family homes. However, the property immediate adjacent to the south at 91 Red Head Road was rezoned to `B -2" General Business in 1986 to permit a motorcycle sales and repair business. Also, in order to accommodate new signage for a long - existing convenience store, the property at 119 Red Head Road was rezoned to "B -1" Local Business. Due to the close proximity of the shore there is no development across the street. Municipal Plan and Rezoning The new landowner is seeking permission to rezone the subject property from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. As mentioned, this request would place the property into the proper zoning category for its continued use as a 4 -unit apartment building. The area is designated by the Municipal Development Plan as Low Density Residential. Such a designation permits the development of one, two, and multiple- family buildings when compatible with the surrounding neighbourhood. The City has favourably considered rezoning applications for certain properties containing long - existing non - conforming land uses. Such applications are generally approved in cases where such long - existing uses have not, and will not likely in the future, adversely affected their residential neighbourhood. The alternative is to allow them to remain as non - conforming uses in the hopes that they eventually are discontinued. In the meantime, however, refinancing and mortgaging of such properties is difficult as lending institutions are often unwilling to be involved if the zoning does not reflect the present use (especially in the case of rental units). As mentioned, while the area is predominantly comprised of one - family homes, there are some nearby commercial properties. Also, the subject property is some distance away from the Frederick Corscadden Page 5 79 -81 Red Head Road August 19, 2005 residential area and along a collector road. Therefore, rezoning of the existing 4- family building can be recommended in this particular case. Buildine Code Issues The proposed rezoning of properties containing non - conforming uses, especially multiple- family buildings, provides opportunity to ensure that minimum standards and any significant building code issues are resolved. Building and Technical Services and the Fire Department have indicated that there are building code violations still not resolved. A letter outlining these code issues was sent to the previous landowner's legal counsel last year, which was to be forwarded to the new landowner upon purchase of the property. A recent inspection of the property revealed that there still are a number of outstanding deficiencies. Not unlike the previous rezoning application made by the former landowner, it would be prudent for the City not to approve the rezoning until such time the outstanding code issues are resolved by the new landowner. Therefore, it is recommended that Common Council only give first and second reading to the requested rezoning. Third reading would be provided once these code deficiencies are resolved to the satisfaction of the Building Inspector. It should be noted that in order to satisfy the time constraints of the Community Planning Act, this rezoning will have to be adopted by no later than February 2, 2006, or yet another rezoning application would need to be initiated by the new landowner. CONCLUSION: The applicant is seeking permission to rezone the subject property in a manner that would permit the long - existing apartment building. While this rezoning request can be supported, there remains building code issues that ought to be resolved prior finalizing the rezoning amendment. Therefore, it is recommended that third reading to the requested rezoning not be given until these deficiencies are resolved to the satisfaction of the Building Inspector. MRO /m Project Ito. 05 -217 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT Y' Q' a m r a 0 r i • i i 1 i i i • • � t • t i ay, a r � f r N PID(s) /NIP(s): Subject Site: site en question: 00344119 Location: 79 -81 ch. Red Head Rd. Date: August / ao0t 12, 2004 Scale /echelle: 1:3000 Map No /carte: 06P -07NE d 4N�N PIJD ' (7 r or e I Ct ry'CZ) w H if4 v •J 'J N • N r aJ Zf r ♦ , I n t- 41 .41 tL C a Q° -L' Y 2 C �O �.1 ,_...�...,��•,- ....�_.: -- mob•-., . DI LC O a V � i �• S D � � 7 / �i �7 � Y '� {r Q7 � a y Y • 1� ry '.w�i � � 01 � OL ur n tL u� ' +N �_ v` -4 " b o TCCO"1 T [t Z • — e� Jou1j ob yy 1 JY df� 1 4 r C+O N n o r �. �E4 E 3 Q a N 6� V'Y.LkY.POV • . • .t. ,a .p C (A i. '• } cl, ° e 4 LN av bJ ^•� Uen fiy y C u cp I ~�2 e H �'i V W k 4 tai N °. *�•n O C1 d 4N�N PIJD ' (7 r or e I Ct ry'CZ) w H if4 v •J 'J N • N r aJ Zf r ♦ , I n t- 41 .41 tL C a Q° -L' Y 2 C �O �.1 ,_...�...,��•,- ....�_.: -- mob•-., . Planning P.O. Box 1971 506 658 -2800 Advisory Committee Saint John New Brunswick Canada E2L 4L1 OPEN SESSION August 25, 2005 Your Worship and Councillors: "' W City of Saint john SUBJECT: Proposed Rezoning 79 -81 Red Head Road On August 3, 2005 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 23, 2005 meeting. The applicant appeared before the Committee in support of the application and staff recommendation. The landowner indicated that he is aware of the outstanding building code issues, and is desirous of completing the remaining work in order to satisfy the Building Inspector. No other presentations were made at the meeting, and no letters from area residents was received. After considering the matter, the Committee resolved to adopt staff recommendation, which is set -out below for your convenience. RECOMMENDATION: 1. That Common Council rezone a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R-4" Four Family Residential. -- 2. That Common Council not give third reading to this rezoning until such time that confirmation from the Building Inspector is received indicating that the outstanding building code deficiencies have been resolved. Res yubmitted, ephe Horgan Vice-Chairman MROIm Attachment BY -LAW NUMBER C.P. 100 - 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 fourteenth day of November, A.D. 1983, 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 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to `R -4" Four Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2005 and signed by: Mayor /Maire ARRETE No C.P. 100 - ARRETE MODIFL4NT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par: 1 La modification de 1'annexe <<A», Plan de zonage de The City of Saint John, permettant de modifier la designation : D'une parcelle de terrain d'une superficie d'environ 800 metres carres, situee au 79- 81, chemin Red Head, et portant le NID 00344119, afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone residentielle — habitations de quatre logements «R-4». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2005, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - August 29, 2005 Premiere lecture - 29 aout, 2005 Second Reading - August 29, 2005 Deuxieme lecture - 29 aout, 2005 Third Reading - Troisieme lecture - 0 Qd c ti �� e. 9 '•.aV .. o. i �C r J ' D ooC jry /n9 P New B r 1tn �.�, c k ltrrrrrrrrrrrr�t Grid Norlb i D p Aro r Z "_S.e a I si T � � `i — IC m Q3 �I � G G� ; c� ry r� r.f � s. N• , v! _ ' '< J 3' s •_ o 9 S_ r �_ "' ED ac P a it V M I O ~ V y V CL ` tA Q p.G co A ��i � < aO•tf.r Y i. ° A F `I N V aa�g�n m - n H s~ ~ ppv Qa �3 e_' tin £ I V u w u /� 11 it S n' rni -c e e C R p C. 11 x 4 t i Q rz C ro f ° n v e o it 1 � 25 , Q v, C P P lication for a Zonis By-law Amendment Demande de modification a Parrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur i'} ej- /911 n 14 / Mailing Address of applicant / Addrmw postale du demandeur /'a 1`1Qgtaaa S (0 Le `x-. (It (') OQA r l 1:5 1S , A i Postal Code / Code postal Telephone Number / Numdro de tele�plhone ^� \ l Home 1 Domicile � sob -l� 3� T 3 Work /Travail bbl, } Fax Number / Num6ro de telecopieur b. 60 �3 Q - -7 3aq Name of Property Owner (if different) / Nom du propridtaire (si different) Address / Adresse Postal Code / Code postal Property Information / Rernsseiignements sur la /pro/priW Location / Emplacement 0'7q 7PG1 l -A.0 Lcd / S g �1 f Civic # / No de voirie Street / Rue PID / W Lot Area I Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la proprietee/1 ! Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested / Modification dem% aanndee Present Zoning / Zonage actuel iT /Y1 / �hange Zoning to /Modification du zonage A and/or / ou -' ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition Zane CE5 L� " 1 L � Lkrl i You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any.other form of information. The plan must show the dimensions of the property the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. vous devez fournir un plan du site d 1'echelle illusrrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement Le plan doit indiquer les dimensions de to propriete, 1'emplacement de la totalite des h0ments, des allees, des arras de stationnement, des amenagements paysagers et des panneaur de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Foumir tout autre renseignement concernant votre proposition Aqui pourrait titre approuvees, S i✓� / 0� t7aJ S, 4" sf1 a �l�i c S� // t%'A� c .J/�r��/ �iS. , f 0 Provide any other information about proposition qui pourrait titre utile. �W r. — ?Un/iAa So proposal that would be helpful. / Fournir tout autre renseignement concernant votre Signature of Applicant / Signature du demandeur S400 Application Fee Enclosed / Ci joint les fiais de demande dL 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le for consideration by Common Council. trairement de la presente demande pour que cette derniere 1*-�oit examinee par iii conseil communal. Signature of Owner (if applicable) Signature due prnpridtaire (s'il y a lieu) c2 l / _Q 06 M r f RE AWONP- \a kp t _ �• o \ tt22 § \ \ 0 �f j `�■ �� 'TIt \ /� � k 47 � �y §$S k CU 0 -§ i . ! r 22&Il�2 7 3 ©�} j / ; , { # / lu o � tj ;� f �` ± - - t . ! ��o\.�� r � � � \ §�� �� � §k ! , oc7 z ® ® (ip \� - ! °- !� , . •. m �- �» ®) � CA ! �2� di $ \ $ ,.( 0 ' 2lI R- CL CL -i u u ..® w,_ P" « ) ..� � , ! ƒ 4 3 � w j4t ' e / � ix � ak � ! � � Q . . � . '�S \a kp t e / � ix � ak � ! � � Q . . � . '�S r Common Clerk's Office Bureau du greffier communal www.saintjohn.ca August 16, 2004 Ms. Janet Ann Furrow 12 Meenans Cove Road Quispamsis, NB E2E 1 M7 Dear Madam: P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 At a meeting of the Common Council, held on August 3, 2004, the following resolution was adopted, namely:- "RESOLVED that the application of Janet Ann Furrow for re- zoning of property located at 79 Red Head Road, PID Number 1580841, be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard with the public hearing scheduled for Monday, September 13, 2004." Enclosed is a copy of the Public Notice in this regard Yours truly, L? Elizabeth Gormley Assistant Common Clerk EG:slc Enc. PROPOSED ZONING BY -LAW AMENDMENT RE: 79 -81 RED HEAD 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 on Monday, September 13, 2004 at 7:00 p.m., by: Rezoning a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. REASON FOR CHANGE: To rezone the property in a manner that would allow for the continued use of the property with a four -unit apartment building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 79 -81, CHEMIN RED HEAD Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'apporter les modifications suivantes a 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra le lundi 13 septembre 2004 a 19h00 Rezonage dune parcelle de terrain d'une superficie d'environ 800 metres carrels, situ6e au 79 -81, chemin Red Head, et portant le NID 00344119, afin de faire passer la designation s'y apportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS-2» a zone residentielle — habitations de quatre logements <<R -4». RAISON DE LA MODIFICATION: Rezonage de la propriete de maniere a permettre Putilisation continue de la propriete avec un edifice A quatre logements. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de 1'urbanisme et du ddveloppement a 1'h8tel de ville au 15, Market Square, Saint John, N. -B., entre 8h30 et 16h30 du lundi au vendredi, sauf les jours ferids. Veuillez faire parvenir vos objections au projet de modification par ecrit a I'attention du soussignd a I'h6tel de ville. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only; Bud et Number: 1 10 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, August 17, 2004 Tuesday, September 7, 2004 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑D Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 100 - 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 fourteenth day of November, A.D. 1983, 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 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R-4" Four Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2004 and signed by: Mayor/Maire ARRP,Tt No C.P. 100 - ARRtT1k MODIFIANT L'ARRkTE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseiI communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par: 1 La modification de 1'annexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 800 metres carres, situee au 79- 81, chemin Red Head, et portant le NID 00344119, afin de faire passer la designation s'y apportant de zone residentielle de banlieue — habitations unifamiliales et bifamitiales «RS -2» a zone residentielle — habitations de quatre logements «R-4» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2004, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxkme lecture Third Reading - Troisieme lecture BY -LAW NUMBER C.P. 100 - 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 fourteenth day of November, A.D. 1983, 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 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R-4" Four Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2004 and signed by: Mayor/Maire ARPETE No C.P. 100 - ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete sur le zonage de The City of Saint John, decrete le quatorze (14) novembre 1983, est modifie par: I La modification de 1'annexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 800 metres carres, situee au 79- 81, chemin Red Head, et portant le NID 00344119, afin de faire passer la designation s'y apportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone residentielle — habitations de quatre logements <<R -4» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2004, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Planning Advisory Committee September 9, 2004 �\ Your Worship and Councillors: SUBJECT: Proposed Rezoning 79 -81 Red Head Road P.O. Box 1971 506 658 -2800 Saint john New Brunswick Canada E2L 4L1 On August 3, 2004 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 7, 2004 meeting. �R:i` City of Saint John Mr. W. Rodney MacDonald, counsel for the property owner, appeared before the Committee in, support of the application and staff recommendation. There were no other presentations, made at the meeting, and no letters were received from surrounding property owners. After considering the matter the Committee resolved to adopt staff recommendation. A further report will be prepared once confirmation is received that the existing apartment building satisfies all applicable building codes. RECOMMENDATION: 1. That Common Council rezone a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R-4" Four Family Residential. 2. That Common Council not give third reading to this rezoning until such time that confirmation from the Building Inspector is received indicating that the apartment building satisfies all applicable building code requirements. Respectfully submitted, Philip Hovey Chairman Planning and Development P.O. Box /C.P. 1971 Urbanisme et developpement Saint John, NB /N. -B. Canada E2L 4L1 www.saintjohn. ca DATE: SEPTEMBER 3, 2004 The City of Saint john TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT 3 FOR: MEETING OF SEPTEMBER 7, 2004 qn"-- Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Janet Furrow Name of Owner: Janet Furrow Location: 79 -81 Red Head Road PID: 00344119 Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "R -4" Four Family Residential Proposal: To rezone a property in a manner that would allow for the continued use of a four -unit apartment building. Type of Application, Rezoning Janet Furrow 79 -81 Red Head Road JURISDICTION OF COMMITTEE: Page 2 September 3, 2004 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, September 13, 2004. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land located at 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. 2. That Common Council not give third- reading to this rezoning until such time that confirmation from the Building Inspector is received indicating that the apartment building satisfies all applicable building code requirements. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this rezoning application. Building and Technical Services has indicated that this application is still being reviewed. Saint John Energy has provided service to the existing apartment building for many years. Aliant Telecom has no concerns with the proposed rezoning of the subject property. Rogers has been advised of this matter. Fire Department has indicated that the secondary means of egress from the second floor appears that it may not support firefighting rescue operations. They would have to be assured that this stairway was affixed properly and satisfies applicable NFC and NBC standards. Also, they would have to be assured that the shared means of egress for the apartments at the rear have proper fire separation. The Fire Department suggests that these matters be resolved prior to the rezoning of the property. Janet Furrow Page 3 79 -81 Red Head Road September 3, 2004 ANALYSIS: Subject Property and Neighbourhood The subject property is situated south of the Red Head Road and Bayside Drive intersection (see attached location map). The site is on the eastern side of the road with a view of the Saint John Harbour. A two- storey apartment building containing four dwelling units is located on the property. An asphalt driveway and rear parking area for approximately 6 -8 vehicles has been developed. According to the applicant the apartment building has existed for many years, and was a four -unit building when it was purchased by the present landowner. It is obvious from the design of the building that it was originally constructed as a multiple - family residence. The area to the south is primarily comprised of one - family homes. However, the property immediate adjacent to the south at 91 Red Head Road was rezoned to `B -2" General Business in 1986 to permit a motorcycle sales and repair business. Also, in order to accommodate new signage for a long - existing convenience store, the property at 119 Red Head Road was rezoned to "B -1" Local Business. Due to the close proximity of the shore there is no development across the street. Municipal Plan and Rezoning The landowner is seeking permission to rezone the subject property from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential. As mentioned, this request would place the property into the proper zoning category for its continued use as a four -unit apartment building. The area is designated by the Municipal Development Plan as Low Density Residential. Such a designation does promote the development of one, two, and multiple - family dwellings when compatible with the surrounding neighbourhood. The City has favourably considered the rezoning of specific properties containing long- existing non - conforming land uses. Such applications are generally approved in cases where such long - existing uses have not (or will not likely in the future) adversely affected their residential neighbourhood. The alternative is to allow them to remain as non - conforming uses in the hopes that they eventually are discontinued. In the meantime, however, refinancing and mortgaging of such properties is difficult as lending institutions are often unwilling to be involved if the zoning does not reflect the present use (especially in the case of rental units). The subject property is presently on the market for sale. Janet Furrow Page 4 79 -81 Red Head Road September 3, 2004 As mentioned the area is predominantly comprised of one - family homes and some nearby commercial properties. The subject property, however, is some distance away from the residential area and along a collector road. The approval of a four - family home would be consistent with the general area. Possible Building Code Issues The proposed rezoning of properties containing non - conforming uses, especially multiple - family buildings, provides opportunity to ensure that minimum standards and any significant building code issues are resolved. Sometimes such issues are not even known to be deficiencies by the landowner. Concerns have been expressed by the Fire Department with regards to possible egress and fire separation problems with the existing apartments on the second floor. Unfortunately at the time of preparing this report the Building Inspector's office had not conducted a thorough inspection of the building to determine whether any renovation or repairs needed to be undertaken. It would be prudent for the City not to approve the rezoning until such time that either it was determined that the existing building is acceptable with regards to building code standards, or that any necessary renovations or repairs be properly completed by the landowner. Therefore, similar to other applications where there was merit to the application, it is recommended that Common Council not give third reading to the rezoning until any building code concerns are resolved. CONCLUSION: The landowner is seeking permission to rezone the subject area to a proper zoning category that would recognize the continued use of the property as a four -unit apartment building, which is considered compatible to the general area. However, some potential concerns have been raised with regards to building code issues that ought to be resolved prior to final approval. Therefore, it is recommended that third reading to the requested rezoning not be given until this matter is concluded. MRO /m Project No. 04 -218 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT a 4r e 0 A \ PID(s) /NIP(s): Subject Site: site en question: 1 00344119 Location: 79 -81 ch. Red Head Rd. Date; August / aout 12, 2004 Scale /echelle: 1:3000 Map No /carte: 06P -07NE • 1• • 1 s o v d _ v v oti 3 ��. � F v'�Z•� yak • ��b � C d z C � 4p co cc 0 at x a o rr'•a 3 eFq F O o L („1 a Z i a �55Sa8 1rLb s+Ot+l. c v+ E O YM 3 8 -1 PA L. 1a1►Y C1N afs v v �N�� o J a c c z s F c�a m ' $6S f N r7 w � N ,N �� ro S • m �� �I Ci m o u CO • _ I v F V C 9i s N Ir N G }O 4 .L `n a � ry h v. � +° t �°. to . °. � � d • �• ^ Z ^� `.° 4. J U V M ofd 64V14 Sao I b j !,4z� o "'a•�k ' t4 .O 4' N ' � 2 �� �! � tJ r•., b N i V ti • �1 N ,�• pa . b' PLANNING AND DEVELOPMENT / URBANISME ET Dl�_VELOPPEMENT REZONING 1 REZONAGE Amending Map Sheet 135 of Schedule "A" of the Zoning By -Law of the City of Saint John Modifiant carte 135 Annexe «A» du Reglement de zonage de The City of Saint John 4 rte. i J J? / r` r/ l FROM / DE TO 1 A RS -2 - One and Two Family R4 - Four Family Residential Suburban Residential r6sidentielle- habitations de zone residentielle de banlieue - quatre logements habitations unifamiliales et b familiales Applicant_ Janet Furrow Location: 79-81 chemin Red Head Road PI D(s) /N I P(s): 00344119 Drawn By /Creee Par: Tamara Duke Date Drawn /Carte Creee- Sept- 15 sept., 2004 Recommended by P.A.C. /Recommande par le C.C.U.: September 7 septembre, 2004 Enacted by CounciVApprouve par le Conseil: Filed in Registry Office /Enregistr6 le: BY -LAW NUMBER C.P. 100 - 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 fourteenth day of November, A.D. 1983, 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 79 -81 Red Head Road, having an area of approximately 800 square metres, also identified as being PID No. 00344119, from "RS -2" One and Two Family Suburban Residential to "R -4" Four Family Residential classification ARRETE No C.P. 100 - ARRETt MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a d6cr &d ce qui suit : Uarr&6 sur le zonage de The City of Saint John, ddcrdtd le quatorze (14) novembre 1983, est modifi6 par: 1 La modification de I'annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la designation : D'une parcelle de terrain d'une superficie d'environ 800 mares carr6s, situ6e au 79- 81, chemin Red Head, et portant le N1D 00344119, afin de la faire passer de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» A zone rdsidentielle — habitations de quatre logements «R4». - all as shown on the plan attached hereto - toutes les modifications sont indiqudes sur and forming part of this by -law. le plan ci joint et font partie du present arret8. 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. 2005 and signed by: Mayor/Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr&d le 2005, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - August 29, 2005 Premiere lecture - 29 aout, 2005 Second Reading - August 29, 2005 Deuxi6me lecture - 29 aout, 2005 Third Reading - Troisi &me lecture - REPORT TO COMMON COUNCIL M & C — 2006 -11 The City of Saint John January 12, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Construction of New Water Pipeline Easement Acquisition - 395 Manchester Avenue BACKGROUND: The City of Saint John currently has two main water lines running through what is commonly referred to as Pipe Line Road West; consisting of a 60 -inch and a 24- inch water line. The 60 -inch water line is a dedicated line to serve the Irving Pulp and Paper Mill, while the 24 -inch line serves the City's west side. Pipe Line Road West is not a public right -of -way per se, but has been named such to identify a few dwellings that have their access from this travelled surface. The City maintains an easement over the vast majority of the area in which these two lines are situated, running from Manchester Avenue to Gault Road. The above noted 24 -inch water line was installed in 1899 and is planned to be replaced by a new 24 -inch line. The old line will be capped and decommissioned. There are three (3) properties that contain a portion of these pipe lines where no legal agreement exists that would grant the City access to the property to maintain and/or replace these water lines. The City must acquire a 20 metre (66 foot) wide easement over a portion of the subject property to facilitate this project. The attached sketches illustrate the location of the intended easement. ANAT.YST9- Real Estate Services have negotiated with the affected property owner of the above noted property to secure a new 20.0 metre (66 foot) wide easement for municipal services, occupying a total area of an approximate 3,768 square metre (40,560 square feet) portion of PID number 408294, as generally shown on the Report to Common Council January 12, 2006 Page 2 attached plan. The purpose of this report is to seek Council's support to secure an interest in the above noted parcel of land. RECOMMENDATION: That The City of Saint John acquire an easement for municipal services /municipal services easement in a 3,768 square metre f portion of PID Number 408294 from Galbraith Construction Co. Ltd. for $18,840.00 plus HST if applicable, as generally shown on the submitted sketch. As part of the transaction the City shall: a). prepare and pay for any plan of survey required; b). where applicable, reinstate the subject property to a condition that existed prior to construction; and c). pay to a maximum of $500.00 (plus HST) the legal costs incurred by Galbraith Construction Co. Ltd. to finalize the transaction; and d). that the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. Respectfully submitted, r Jim R. Baird, MCIP commissioner Planning d Developm t Terrence Totten, F.C.A. City Manager cuc Description of Plan: Acquisition of a Municipal Services Easement. N PID: 408294 Address: 395 Manchester Avenue ` Pan: N/A Date: January 10, 2006 P.I.D. \55051676 EXISTING CITY OF SAINT JOH PIPELINE ROAD WEST R.O.W. X REQUESTED PROPS -6'' FOR EASEMENT w ' (3768m) EXISTING 15000 CP W.M. P.I.D. \ 00408294 GALBRAITH EQUIPMENT COti PANY 1 1 1 P.I.D" )04027 7-x , , d 1 1 P.I.D. 00402735 1 / : ,W \P.I.D. O Ln Lp I v , , PR. 6000 WM t EXISTING 6000 CI W.M. P.I.D. 00408294 SITE PLAN EXISTING CITY OF SAINT JOHN - PIPELT4E ROAD WEST R.O.W. PARCEL #26 MUMCFAL OPERaAMNS PIPELINE ROAD WEST & STATION 1+620 TO 1+825 ENGINUIM'j PROPERTY ACQUISITION D". BY V.J.D. DATE SEPT. 2005 REV. Na 1 Dm fla /� ' d By ` I I ' 0 S[1l F 1:1000 DATE 05/09/21 1 REVISED PER CITY RW d �'g O O 'Z 0 N4 — C REPORT TO COMMON COUNCIL M & C - 2006 -09 January 4, 2006 His Worship Mayor Norm McFarlane and The City of saint John Members of Common Council Your Worship and Councillors: SUBJECT: Amending Resolution - Baleman's Produce BACKGROUND: On December 19, 2005 Common Council resolved to enter into a lease with Baleman's Produce for "Stall B" and associated space. As part of the resolution, "Stall B" was to be added to the list of space exempted from the City Market By- law regarding rental rates. The necessary By -law amendment sequencing in the Report to Council was erroneously lettered, therefore an amendment to the resolution is required. RECOMMENDATION: That Common Council amend its resolution of December 19, 2005 (M & C 2005 -380) by deleting: "2. Common Council give first and second reading to an amendment of the "City Market By -law" whereby section 5(2) is amended to add the following Section 5(2)(h), Section 5(2)(i) Stall `B" with associated stall and cooler space; and" and adding in its place; 442. Common Council give first and second reading to an amendment of the "City Market By -law "whereby Section 5(2) is amended to add the following Section 5(2)(f), Section 5(2)(g) Stall "B" with associated stall and cooler space; and" Respec fully submitted, J' R. Baird, MC1P ommissioner Planning and Development BI /mmf ymvvV4 Terrence Totten, F.C.A. City Manager BY -LAW NUMBER C -1 ARRETE NUMERO C -1 A BY -LAW RELATING TO THE MARKET IN ARRETE CONCERNANT LE MARCHE DE THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The Le conseil communal de The City of Saint John City of Saint John as follows: ddicte : A By -law of The City of Saint John entitled "A L'arrete concernant le march6 de The City of By -law Relating to the Market In The City of Saint Saint John d6cr&6 le 18 mai 2005, est modifi6 comme John ", enacted on the 18th day of May, A.D. 2005 is suit; hereby amended as follows: 1 Amending Section 5(2) by adding the following 1 La modification du paragraphe 5(2) par immediately after subsection 5(2)(f): Padjonction de ce qui suit imm6diatement apr6s Palin6a 5(2)(f): (g) Stall B (g) Mosque B IN WITNESS WHEREOF The City of Saint John has EN FOI DE QUOI The City of Saint John a fait apposer caused the Common Corporate Seal of the said City to son sceau communal sur le prdsent arret6 le be affixed to this by -law the day of 2006, avec les signatures , A.D. 2006 and signed by: suivantes : Mayor /Maire Common Clerk/Secrdtaire communal First Reading - Premidre lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - REPORT TO COMMON COUNCIL M &C2006 -15 January 12, 2006 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT City of Saint John DESIGN AND CONSTRUCTION MANAGEMENT: RED HEAD ROAD — SLOPE STABILIZATION AND ROAD RECONSTRUCTION BACKGROUND On November 7, 2005 (M &C 2005 -333) Common Council provided early approval for design and construction of the Red Head Road - Slope Stabilization and Road Reconstruction Project under the 2006 General Fund Capital Program. The project includes the funding necessary to engage engineering services to complete the following: • preliminary investigation; • preliminary design, and design report with cost estimates; • detailed design; • construction management and inspection services. PURPOSE OF THE REPORT The purpose of this report is to make recommendations for consulting engineering services for this project. ANALYSIS With a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Crandall Engineering Ltd. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the project. M &C 2006 -15 January 12, 2006 Page 2 In response to this request Crandall Engineering Ltd submitted a proposal on December 21, 2005. A Review Committee of staff completed an analysis of the submission: Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Kendall Mason, P. Eng. Design Engineer, Municipal Engineering Kevin O'Brien, P. Eng. Operations Manager, Transportation Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Crandall Engineering Ltd proposal. The upset price contained in the proposal was also evaluated by the committee and staff then negotiated with Crandall engineering Ltd. and settled on an acceptable fee with the consultant for submission to Council for approval. The submission from Crandall Engineering Ltd met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of work from Crandall Engineering Ltd. to provide the design and construction management services is $205,763.41, including the City's eligible HST rebate. An amount of $1,310,000.00 was approved by Council on November 7, 2005 (M &C 2005 -333) under the 2006 General Fund Capital Program to cover the cost of construction, design, construction management and construction. Engineering fees to cover the cost of design and construction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 15.7 % of the total overall project cost, which is considered appropriate for this type of project. M &C 2006 -15 January 12, 2006 Page 3 RECOMMENDATION It is recommended that the proposal of Crandall Engineering Ltd for engineering (design and construction management) services for the Red Head Road — Slope Stabilization and Road Reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. /? ubmitted, J. M. aul Groody, P. Eng. Terrence L. Totten, Commissioner, City Manager Municipal Operations & Engineering i REPORT TO COMMON COUNCIL M &C 2006 — 10 January 5, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Renewal of Water Supply Agreement — Musquash Watershed BACKGROUND City of Saint John The City of Saint John has an agreement with the Province of New Brunswick 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 Spruce Lake Watershed for approximately a two to three month period each year. Only that volume required to maintain supply in sufficient quantities to customers is drawn from the system. Factors that will 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 9, 2005 from the Department of Natural Resources (copy attached) to extend the current agreement to December 31, 2007. 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 31, 1998. That rate was $0.015 per 1,000 imperial gallons for the period January 1, 1978 to December 31, 1980. The rate then changed to $0.020 per 1,000 gallons to December 31, 1983. The agreement then provided for the possibility of a rate change every five years commencing January 1, 1984 and ending Page 2 Renewal of Water ,Supply Agreement - Musquash Watershed M &C 2006 -10 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 31, 1998. In February, 1999, Council authorized the extension of the agreement on the same terms and conditions for a fiu-ther 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 31, 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 that 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 31, 2005. The rate proposed for the new agreement for the period January 1, 2006 to December 31, 2007 has increased from $0.040 to $0.042/1,000 imperial gallons an increase of 5 %. As previously noted, the Province - Department of Natural Resouces is prepared to extend the current agreement to December 31, 2007 subject to the following: the Province does not guarantee the supply of water in the event of- - a failure an any component of the water retention and water delivery infrastructure in the Musquash watershed; or - the need to draw down the reservoirs or shut off the water supply for reasons of public safety, and the charge for the water will be raised by the increase in the Consumer Price index, which will up the charge from the current $0.04/1,000 imperial gallons to $0.042/1,000 imperial gallons. FINANCIAL IMPLICATIONS The required water withdrawal from the Musquash watershed varies each year but averages around 1.85 billion gallons annually. At the current rate of $0.042/1000 imperial gallons, the annual funds required for the supply of water from the Musquash Watershed is approximately $78,000 per annum. The 2006 Water and Sewerage Utility operating budget includes funding provision for the estimated withdrawal from the Musquash watershed. Page 3 Renewal of Water Supply Agreement - Musquash Watershed M&C 2006 -10 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—a Groody P. ioner, Muni( Ens? Terrence L. Totten, FCA City Manager Operations & Engineering December 9, 2005 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 Supply Agreement Natural Resources New i Nouveau Brunswick C A N A D A Ressources naturelles The extension of the 1978 agreement between the City of Saint John and the Province of New Brunswick expires on December 31 of this year. We are prepared to extend the current agreement to December 31, 2007, subject to the following: - the Province does not guarantee the supply of water in the event of- - a failure in any component of the water retention and water delivery infrastructure in the Musquash watershed, or - the need to draw down the reservoirs or shut off the water supply for reasons of repair and maintenance or public safety, and - the charge for water will be raised by the increase in the Consumer Price index, which will up the charge from the current $0.040/1000 imperial gallons to $0.042/1000 imperial gallons. If you agree with the proposal, please have the appropriate City Official sign the attached and return both copies for the Minister's signature. One original copy will be forwarded to you for your records. Yours truly, J et Higgins ssistant Deputy Minister BTS /vm Enclosure c.c: Paul Groody, City of Saint John Peter MacNutt, Director, Crown Lands Branch P.O. Box 6000 Case postale 6000 Fredericton Fredericton New Brunswick Nouveau - Brunswick Canada E3B 5H1 Canada E3B 5H1 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 and Energy on the first part and the City of Saint John on the second part, which was extended to December 31, 2005, we further agree: 1. to extend the terra to midnight, December 31, 2007; 2. that the agreement may be terminated before December 31, 2007 upon consent of both parties; 3. to increase the charge per 1000 imperial gallons of water from $0.040/1000 imperial gallons to $0.042/1000 imperial gallons effective January 1, 2006; 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, Minister of Natural Resources Mayor of the City of Saint John Date: Clerk of the City of Saint John Date: 1, � City Solicitor's office Bureau de 1'avocat municipal www.saintjohn.ca January 11, 2006 Common Council of The City of Saint John Your Worship and Councillors: P.o, Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Re: Security to assure implementation of a Section 39 Agreement 1 The topic of enforcing so- called Section 39 terms and conditions was discussed at the December 19, 2005 meeting of Council. In the course of that discussion two propositions were expressed: 1. that Council would refuse to consider a rezoning application where the applicant was in breach of terms and conditions imposed upon another property; and 2. that Council would, with respect to an applicant who was in breach of terms and conditions imposed upon another property, require that applicant to deliver security assuring compliance with the terms and conditions imposed upon the current proposal. Those propositions were referred to me for examination and this correspondence has been prepared as a result. ... /2 Common Council January 11, 2006 Re: Security to assure implementation of a Section 39 Agreement #1— Refusal to entertain a rezoning application City Solicitor Page 2 Council should not adopt such a policy in my view. The purpose of the rezoning process stipulated by the Community Planning Act, and commencing with an application to rezone submitted to Council, is designed to afford the Council an opportunity to assess the suitability of a proposed use for a specific property, after having heard from the applicant, objectors, the PAC and to consult with City staff. A policy position by Council to refuse entertaining an application because of the circumstances of a different property is not consistent with that purpose. In other words, proceeding in such a fashion would amount to a rejection of the rezoning application for reasons having nothing to do with the suitability of the proposed use for the land in question. That would be a beyond Council's authority in my opinion. #2 — To require security where the applicant is in breach of Section 39 conditions imposed on other property It lies I believe within a municipality's authority under Section 39 of the Community Planning Act to adopt such a position. In this context one consideration Council might wish to make is whether such a policy would apply only in those instances where the applicant is currently in breach or would apply as well to those where an applicant had in the past been in breach of Section 39 terms and conditions imposed on another property. As you recognize, security is able to be required only where an agreement setting out the terms and conditions is to be executed. In addition to the clarity and precision which must characterize terms and conditions in every case, in the instance of an agreement with respect to which security is required there must be a term expressly granting to the City, its employees and agents the right to enter upon the land in question at any time an applicant is in breach of the agreement for the purpose of utilizing the security to effect compliance. Respectfully Submitted, John . Nugent City Solicitor City Solicitor's Office Bureau de 1'avocat municipal r www.saintjohn.ca January 12, 2006 Common Council of The City of Saint John Your Worship and Councillors: P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Re: Section 39 Conditions and Enforcement tR�n; k fk� Item #6.1 on the December 5, 2005 meeting of Common Council was a report from the City Manager concerning Section 39 Conditions and Enforcement. The report included, among other things, a reference to five examples of Section 39 Conditions that are problematic from an enforcement perspective. The matter arose again at the December 19, 2005 meeting and Common Council requested that the City Solicitor review and comment on the examples. Two of the properties involved Section 39 Conditions which, at least in part, appeared to be imposing Provincial Standards that already exist with respect to such matters as water quality, the type of cleaning agents that may be used at a car wash, wastewater discharge concentrations, etc. One involved the operation of a car wash and the other involved water quality in a subdivision. The City Manager commented that the City is not staffed to monitor the conditions and may not have the required expertise. Specialized equipment and training may be involved. An inability to gather the necessary evidence would frustrate any attempt by the City to enforce the standards. There would also be an issue as to whether or not a municipality has the necessary statutory authority to enforce the Provincial Standard involved. The proper party to enforce Provincial Standards is the Provincial Government. We will be discussing with the appropriate City officials how in the future the City's interest in an owner's complying with Provincial regulations could be dealt with in the Section 39 context. ... /2 Common Council January 12, 2006 Re: Section 39 Conditions and Enforcement City Solicitor Page 2 Two of the properties involved conditions which contained vague wording (construction of a berm and fence that were "similar to" what was shown on a submitted plan, and the development of "approximately" 71 serviced lots). Vague wording in itself does not prevent the City from going to Court. It may, however, result in the City expending a considerable amount of staff time and City resources but not achieving the result intended. Vague conditions make it difficult for a judge to decide exactly what was intended. For example, the City, when it imposed a condition that there be approximately 71 serviced lots in a subdivision, may have intended that there be not less than 71 serviced lots. A judge, however, may find that 65 lots or 75 lots are near enough to reasonably meet the "approximately" condition. More care and precision in drafting the conditions may be helpful but may be difficult in some circumstances and may require more time from staff. One of the properties involved a condition, the payment of money in lieu of performing curbing work, which depended on a future event happening, the undertaking of street work. The condition could not be enforced until the undertaking of street work takes place. In summary, and in my opinion, enforcement in each example found in the report in question would be problematic. Respectfully Submitted, Johr L. Nugent City Solicitor Planning Advisory Committee t January 11, 2006 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Widening of Bentley Street Right -of -Way H City of Saint John The Committee considered the attached report at its January 10, 2006 meeting. Mr. Curtis Langille attended the meeting on behalf of the City of Saint John and expressed agreement with the recommendation. No other persons attended and no letters were received. After considering the matter, the Committee adopted the recommendation contained in the attached report, including the granting of the necessary variance to permit a reduced front yard for an existing garage at 3 -7 Bentley Street, RECOMMENDATION: 1. That Common Council assent to the following subdivisions with respect to the proposed widening of the Bentley Street public street right -of -way: a) an approximately 54- square -metre portion of the Alban S. Emery properties, located at 260 Douglas Avenue and 3 -7 Bentley Street (PID # 368605 and 369082); b) an approximately 118- square -metre portion of the Electrical, Instrumentation. & Communication Training Centre of New Brunswick Inc. property, located at 25 -35 Bentley Street (PID # 369090); c) an approximately 62- square -metre portion of the Joktana Enterprises Ltd. properties, located at 55 Bentley Street (PID # 369108 and 55172654); d) an approximately 46- square -metre portion of the Bentley Properties Inc. property, located at 221 -225 Chesley Drive (PID # 55172688), all as generally illustrated on the submitted tentative subdivision plans prepared by Hughes Surveys & Consultants Inc., dated November 29, 2005. Respyctfully submitted,, Philip Hovey "Chairman Attachments Project No. 06 -005 Planning and Development Urbanisme et developpement www.saintjohn.ca DATE: JANUARY 6, 2006 P,O. Box/C,P, 1971 Saint John, NB/N. -B. Canada E2L 4Li TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 10, 2006 d'M TiLl Randall G. Polloc , Mtlf Planner SUBJECT: Name of Applicant: City of Saint John Lie h�!f > r_ Name of Owner: Alban S. Emery, Electrical Instrumentation & Communication Training Centre of New Brunswick Inc., Joktana Enterprises Ltd. and Bentley Properties Inc. Location: Bentley Street (north side) PID: Portions of 55172688, 369108, 55172654, 369090, 368605 and 369082 Municipal Plan: Low Density Residential, Medium Density Residential and Business Park Zoning: "ID" Integrated Development, "I -1" Light Industrial, `B -2" General Business and "RM -i" Three Storey Multiple Residential Proposal: To vest portions of the above -noted properties for street purposes in conjunction with the construction of the Harbour Passage trail Type of Application: Subdivision Assent and Variance to permit the existing detached garage at 3 -7 Bentley Street to have a reduced front yard setback of 6.34 metres (20.8 feet) City of Saint John Page 2 Bentley Street (north side) January 6, 2006 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee give its views to Common Council concerning the vesting of public streets and street widening. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By- law. The Committee can imposed conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the following subdivisions with respect to the proposed widening of the Bentley Street public street right-of-way: a) an approximately 54- square -metre portion of the Alban S. Emery properties, located at 260 Douglas Avenue and 3 -7 Bentley Street (PID # 368605 and 369082); b) an approximately 118- square -metre portion of the Electrical, Instrumentation & Communication Training Centre of New Brunswick Inc. property, located at 25 -35 Bentley Street (PID # 369090); c) an approximately 62- square -metre portion of the Joktana Enterprises Ltd. properties, located at 55 Bentley Street (PID # 369108 and 55172654); d) an approximately 46- square -metre portion of the Bentley Properties Inc. property, located at 221 -225 Chesley Drive (PID # 55172688), all as generally illustrated on the submitted tentative subdivision plans prepared by Hughes Surveys & Consultants Inc., dated November 29, 2005. 2. That the Planning Advisory Committee grant a variance to permit the front yard setback of the existing detached garage at 3 -7 Bentley Street to be reduced from 7 metres (22.9 feet) to 6.34 metres (20.8 feet) after vesting of the proposed area for street widening. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection. Building and Technical Services has no objection. Saint John Energy has no objection. City of Saint John Bentley Street (north side) Page 3 January 6, 2006 Aliant Telecom has no objection. Any facilities issues will be discussed with the developer and co- ordinated jointly with Saint John Energy. Maritimes & Northeast Pipeline advises that it will require the City of Saint John to enter into a detailed crossing agreement for the Harbour Passage project. Enbridge Gas N.B. has submitted no comments. Leisure Services has submitted no comments. ANALYSIS: The subject properties are located along the north side of Bentley Street between Chesley Drive and Douglas Avenue. This is a mixed use area of residential, commercial and light industrial uses. The Saint John Waterfront Partnership, which includes the City of Saint John, proposes to extend the popular Harbour Passage trail along Bentley Street from Chesley Drive to Douglas Avenue and Riverview Park. The attached plans illustrate the additional land that is required in order to accommodate the Harbour Passage extension project. The properties that are the subject of the present report are illustrated on the attached area map. In addition to these acquisitions, the City will be obtaining an easement over the New Brunswick Southern Railway property, located between 35 and 55 Bentley Street. The City proposes that the areas illustrated on the attached plans would vest in the City as part of the public street right -of -way. The vesting of public street widening requires the assent of Common Council, and a recommendation from the Planning Advisory Committee. Approval of the proposal is recommended. The widening of the street right -of -way will reduce the depth and area of the individual properties by a small amount. As a result, a variance will be required and is recommended with respect to the resulting reduced front yard setback of an existing detached garage at 3 -7 Bentley Street. The setback of this garage will be reduced from 7 metres (22.9 feet) to 6.34 metres (20.8 feet) after vesting of the proposed area for street widening. CONCLUSION; The proposed street right -of -way widening is part of the overall Harbour Passage initiative. Assent to the required subdivision plans and approval of the related variance are recommended. RGP /r Project No. 06 -005 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT _„ rr+ n : r • it, ,r,� „ Si # iil U2 i. I ., u. ,1 iu N i„ ,• , - it '•., ill ,•�',. '•r Y� % , ■ i '. ■ 277 �f r / # 31 N _ SN �•, •• � - •'/' � N N .R M- • i r, ID I e 4 i Q` 7 0 PID(s)/NIP(s): Subject Site: site en question: portions of /partie du 55172688 00369108 Location: rue Bentley Street 55172654 00369090 00368605 Date: December 22 d6cembre, 2005 00369082 Scale /echel le: 1:2000 �r t s ia4 66� i a! =12 sit tY j i 1006 1331133all 4e c AA � ON �5 s �r t s ia4 66� i a! 016- a ° .......... ....... ►Y� g o . Ott{ � R 4_ i i -A z � � � 1 � l i � N _ sR..- ?�HUBITUH 7� ... Ap m m 2 m 9 0. � «3 3 Yb V F r / / / i xr �. 6 wr 41 k lea E d �7 i I, IOUJ#* lit Lancaster Minor Hockey Association P.O. BOX 3083, STAT]ON B SAINT JOHN WEST, N. B. E2M 3H O \ TEL,: 672-2350 FAX: 672.2350 January 2, 2406 To, Mayor and Common Council, City of Saint John Subject: Appreciation —Firefighters Local 771 Support to Youth of Saint John Lancaster Minor Hockey Association (LMHA) was formed in the 1960s and its player membership includes all minor hockey players (aged 5 — 17) residing in Saint John West_ Our current membership comprises approximately 534 players, and their families, and in excess of 150 Association and team volunteers. Our players comprise approximately 40 percent of all players registered in minor hockey within the city boundaries. The Hilton Belyea Arena is our primary arena, As a hockey administrator, my primary mandate is to offer a safe, enjoyable, recreational outlet at affordable rates. This letter is to recognize the contribution of Saint John Firefighters Local 771 to youth minor hockey players. The money consistently donated by this union, comprising City of Saint John employees, from the Omar Guimond Memorial Hockey Tournament, will be used to sponsor a child in Lancaster Minor Hockey. As you may know, Omar Guimond was a Saint John firefighter before he passed away. I feel it necessary to recognize such support from local groups, as LMHA's ability to subsidize needy families is restricted by the fact that the vast majority of our revenues accrue through the registration fees we charge our participants. f am aware of the various selfless initiatives undertaken by local firefighters, including their charitable activities and their participation as Lancaster Minor Hockey volunteers. On behalf of the LMHA Executive and the LMHA membership, I commend Firefighters Local 771 for their commitment to the _youth of our city. Yours in hockey, Peter Landers President of Lancaster Minor Hockey pl andersAnb. sympatico.ca A48 Rothesay Rd. Saint John, CSI B. E2H 2HO January 2, 2006 Mayor and Councillors of the City of Saint John P. O. Box 1971 Saint John, N. B. Dear Mayor and Councillors, This letter is to request that the city plow Green Haven Lane of snow. Green Haven Lane is a 33 foot right -of -Tay ajoining Rothesay Road immediately east of 1158 Rothesay Road. There are two two family homes, one one family home, a group mail box, a parking lot for the workers of Brookville Manufacturing, and a N. B. Power sub-- station that use this roadway. In February 2004 Mr. Shayne Galbriath Director, Public Works Services gave it to the City's Legal Department to determine if the roadway was public or private. In March of 2005 I was informed by the City's Legal Department that it could not be determined that the roadway was private. In March of 2005 1 again wrote Mr. Galbraith a letter, requesting that the roadway be plowed and on October 7, 2005 1 wrote Mr. Paul Groody, Commissioner of Works, asking that the roadway be plowed. Neither of these letters have been acknowledged or responded to. I have included copies of these two letters with my current request. Other streets in this area that are plowed are Old Orchard Lane, Clairmont Road, and Mount Loyal Road. In the year 2003 Rothesay Road changed its designation from being a provincial highway to being a city street and it would seem a logical progression that this side road adjoining the Rothesay Road would also be plowed by the city. Sincerely yours, William Reynolds 633 -5074 ) | / Cori 1148 Rothesay Rd. Saint John, N.B. E2H 2H8 October 7, 2005 Mr. Paul Groody Commissioner of Works City of Saint John Dear Sir: This is a letter requesting that the City of Saint John plow Green Haven Lane of snow' This road gives access to two two family homes, one one family home, a N.B. Power sub- station, Brookville Manufacturing, a workers parking lot for Brookville Manufacturing employees, and a group mail box. On Jan' 289 2004 I wrote a letter to the City Works Dept' requesting that this road be plowed. In response on Feb. 20, 2004, I received a letter from Shayne Galbraith, Director, Public Works Services saying that it would have to be determined whether the road was public or private. At that time it was given to Lynda Farrell in the legal department to determine if in fact it was private. On March 22, 2005 I called Lynda Farrell and she informed me that it could not be determined that it was private. On March 30, 2005 I wrote Shayne Galbraith again requesting that the road be plowed of snow' I have received no response to this most recent letter. In 2003 the Old Rothesay Road has changed its designation from being a Provincial Highway to being a street of the City of Saint John. Since Green Haven Lane joins the Old Rothesay Road as a 33 foot "right of way", I believe it should be plowed by the City. Other streets that are plowed by the City in this area are Clairmont Rd., Old Orchart Lane, and Mount Loyal Rd. A community meeting was held in the Muslim Mosque on the Old Rothesay Rd. this past spring and citizens expressed thier frustration at the lack of services we experience in this area of Saint John. Several councillors felt that more could be done to provide some of the smaller, less-expensive services that are necessary. In conclusion, Mr, Groody, I again request that the City plow Green Haven Lane of snow. I am including copies of my last two letters to the City on this manner. Sincerely yours, William Reynolds 633-5074 cc�l / ) 1148 Rothesay Rd. Saint John, N.B. E2H 2H8 March 30, 2005 Shayne Galbraith Director, Public Works Services Dear Sir: This letter is a follow up to the letter I received from you dated Feb' 20, 2004 regarding my request and petition to have Green Haven Lane plowed of snow. On my last call to Lynda Farrell on March 22, 2005 she has informed me that the legal search has not revealed that Green Haven Lane is owned privately. Also the people in the Province of N. B. property tax office on King Square in Saint John have informed me that no property tax bill is sent out for that piece of property. Since the Old Rothesay Road has recently offically changed its designation from being a Provincial Highway to being a City of Saint John Street and Green Haven Lane is a 33 foot right of way joining the Old Rothesay Road, I believe Green Haven Lane should be serviced by the City of Saint John. Other side roads in this area that are now serviced by the City are the Clairmont Road, Old Orchard Lane, and Mount Loyal Road. There are dozens of vehicles that frequent this road on a daily basis. Employees of Brookville Manufacturing use it to get to and from their parking lot; the residents of two two-family homes and one one-family home use it to get to and from home; and N.B. Power uses it to get to and from their electric sub-station; there is a group mail-box on this lane; and the employees of Canadian National Railways use this lane to gain access to the railway tracks for repair of trains and tracks. In closing, any of the people mentioned above could at any time .xeed ambulance, police, or fire services. By this lane not being plowed of snow those three services are being denied to them. Sincerely yours, ^^10 ' ~o. William Reynolds 633-5074 n_ NEW BRUNSWICK BRANCH UNITED NATION ASSOCIATION Y 5.` Canterbury Street, Suite 11 P.O. Box 6446, Station "A" Saint John, New Brunswick, L2L -4R8 Phone: (506) 632 -0096 Fax: (506) 634 -7423 Common Council City of Saint John Your Worship and Councillors, January 5th,2005 March 22, 2006 has been proclaimed by the United Nations as "World Day for Water ". Saint John is fortunate in having large reservoirs of water. Control of water is a subject of major interest to province going far back as the Aroostook War in the mid 1800's when the Saint John river was about to be diverted to Maine. Water was one of the earliest matters with which the city was concerned starting in June 1787 when public wells were instituted. Over the years it has played a major role in the cities operations for residential and industrial usage. Would it be possible to have some public recognize or activity for the day. Suggestions Are a) Public open house at the water works. b) Conduct public lecture on water at the Museum, Arts Centre, City Hall, Court House or other location. This could be different lectures at different locations. c) A Heritage display of ,Artifacts or pictures at ground floor City Hall or Brunswick Square, Market Square or other appropriate locations. d) Recognition of the oldest employee or former employee in water department. e) Such other form of recognition of water and its importance. Y ation Association of Canada Untitled Jan.4,2006 Rodney McGrath 32 Midwood Ave. Saint John,NB E2P 1K6 (506)696 -8505 Attention Mayor,Common Council: Yes! Mayor and Common Council I'am here again the third time to defend my format presentation and lets get on board with this because this city is not moving. The report I send to the Irving and president of the organizations which the contract ran out few weeks ago have change there mind and freeze there wages which they all don't want to lose there jobs thats very..very good about that of the pulp mills in Saint john. Second the reports was e -mail to the president in Fredericton of the organizations of whats happening of the city down here.. Third my presentation was also review with Enterprise Saint john last year with Stephen D.Carson and general manager Drilalo. Fourth the Liberals and Conseratives and NdP are all going in circles because of the old government pass on to the new governmentand the organizations are in the same boat also WoW! So I which you open the file and we all can get down to business and the rest of the cities are in trouble also.You all don't have to be ashamed or be embarrassed with this . This is to get at the problems so Ottawa can see that we will be moving the Maritimes and the rest of Mayors and Councillors go to the opposite directions to get out of "The Old System and onto "the New School" of "The Wake Up Call" this is positive.. positive..positive. Thank you for the time and concern Rodney McGrath Page 1 Untitled Rodney McGrath 32 Midwood Ave. Saint John,NB E2P 1K6 Attention Business,and Public: The Agenda - December 5,2005 which I spoke to defend my format Presentation was 5 to 4 against and the night before I called them to vote yes.Here they are doing again,I new this was going too happen.. The presentation is on Labor Cost, workforce shrinkage,the markets,And projects of Theme Parks.And the openning the Mayor,Common Council and the public "Welcome To The New School" it is design to teach the government, organizations, students and the public too get out the old system that's has pass of years.. years.. of test of time.The new system will correct the problems of the city and also with positive.. Positive. My theme park "Enchanted Kingdom Recycle Projects" that there is work for twenty tradesmen which Icannot afford to pay them.The drawings on the old sugar refinery nine acre property is already done by me with careful planning by me. "Earthship And Cobs Homes "that the people and students never heard of this,this is why with positive..positive..positive.. Thank you for the time and concern people ,If? P 07 Rodney McGrath Page 1 Untitled List Of Lost workforce Sch In kage Government And Organization On "The Old System" 1.)Port workforce shrinkage B Card men some working somewhere else. 2.)Irving 2004 Port Alice Mill 500 jobs. 3.)West side mill some foremen layoffs and,,and also might also be closing down. 4.)J.D. Irving is report indefinite shut down of Bova Scotia softwood saw mill effective sept.30.2005. 5.)Cheese Factory plant. 6.)Airlines workers over and over face the ultimatum:the company will go out of business and all will lose your jobs.(labor cost) reduce wages and save there jobs so the company make a profit. 7.)Irving told his employees he has to have his market to keep his paper prices down, or wake up one morning that you lost your jobs. B.)Government in the three year period 2005 that 11,500 layoffs public and sector will be let go in up till 2008. 9.)Telecommunication workers. 10.)Loggers. ll.)Truckers. 12.)Air france walk outs. 13.)Miners. 14.)B.C. lumber of thinking moving there business to china. 15.)N.B. Power reducing workforce 10 % we wil save forty million. 16.)Chocolate Factory 17.)B.C. forty thousand teachers walk outs. 18.)Hershey Factory lay offs pink slips. 19.)Hospital. 20.)Saint John Brett's auto layoffs. 21.)Saint John two church. 22.)Downey's crown street shut down might put more layoffs workers out of a job,and labor cost hit the roof, and managers wages blow out of control also. 23.)Cities tax will hurt the cities budget. 24.)City bankupty 2008 is write on target. 25.)Steel Companys are hurting because ..le 1,5^ demand for Ford and GM Motors. "All this happening because everything is out of control and labor cost.. "the Old System" Rodney's "The New System" correct the problems.. Page 1 ! Y {., 't. r •� k,`' ':. ..11. Y ` -3 YC��S'I.i�yry `k.�l:� y��'f���."�t�x� ' Ne ! Y {., 't. r •� k,`' ':. ..11. Y ` -3 YC��S'I.i�yry `k.�l:� y��'f���."�t�x� ' Very large earthship overview http: / /www. eanhship. org/imagegallery/index. php ?gallery =. /Custom... 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Powered by earthship biolecture v0.9.1 1 i 1 of 1 12/12/05 3:13 PM Untitled "Enchanted Kingdom Recycled Projects" Rodney's drawings &Wow.� - �" � � • y �e "rte -... �'l rr.# � � , 4& .'•lf.. rt "y' � .' .. •d ~'-- _ ;�- ��y3l :3�, "`�� ...Av. {Lt'i�i,+t;_'. .F - }5y- '.+�:i';C:e•-t:;T `. %',TMr Y`• rJ Imo: 1 !r {S sm ^ • *. rclgr lip Bb:,a,M 64 � • bl. r � 1 !r {S sm ^ • *. rclgr Ji 71, IF �l Irwo fir le owl- ip - f 1� A/I/-t?T ow- Dt-C( ',;2101 S �., �� .,.,,,. , , � `a. r ��d j� i� i �'� ' � � ��,�� �� �� ; � �' ��� �� � �, :� r "ti a �' �v '!' iy it �.� �� y,,� �� �� � �4���y� � .��� ��� � ,�� � �� t �� �+ � �, �„f���:� ��� -'�:� __. i 3 � �x � � 3: ` � � a � � ' � ', �� o ice. `•�� �� � .� �� �t� :-�z :� ,� , r ,4 ^, � <. �. r. T �yy 1/ i >,� A� �� �' ar i* +!'Lr J. Stephen Young O 283 Simpson Dr. Ext. Saint John, NB E214 2C8 Jan. 7/06 The Mayor, and Members of Common Council City Hall Saint John, NB Your Worship, and Councillors, I have read of your unanimity in asking that the Provincial Government enable the establishment of a casino, styled a " racino," in Saint John. Your motivation appears to be in support of the harness racing "industry ", said to be failing, and in aspiration of boosting the economy by creating jobs, hence overall prosperity. I have read the quotes of Councillors Titus and Tait, to the effect that, "Frankly, I don't see a down side," and "Once you get past the fact that gambling is always going to be a part of life, there are no objections to a racino." (I acknowledge that the quotes are inexact, but are, I believe, true to the gist and intent of what has been said by the named Councillors, respectively_) I urge you, as a body, to take recourse to sober second thought. I would hope for a greater breadth and depth of both thought and sense of moral consequence in my civic leaders, than has been apparent in what has transpired so far in this matter. It is almost astonishing to me that one who has earned his daily bread as a crown prosecutor is unable to see a down side to the establishment of a racino, a venue for gambling. News reports of those prosecuted in consequence of problem gambling come to us all too frequently. And the proposition that we establish a venue for gambling, in acceptance that gambling is always going to be a part of life, sets up the logical basis for argument that we establish venues for other vices, such as prostitution, recreational drug consumption, pornography (child or otherwise) distribution, and others yet to be invented. Promoters of the casino have pointed you to the putative success of one in Charlottetown. May I point you to the content of a restaurant place mat set before me recently in Sault Ste. Marie, another casino town? It is headed "Problem Gambling Prevention Month ", and features a Gamble Scramble Word Search titled "Warning Signs of Problem Gambling." (Any gambling risks becoming problem gambling, because of its addictive nature. I hope that you have all done your due diligence research) The scrambled words are thought - compelling, to those with a modicum of discernment. Here they are: Absent. Bet. Chasing. Debt. Dishonesty. Fixation. Guilty. impulsive. Irritable. Neglectful. The same place mat lists no fewer than eight support groups for problem gambling and gambling addiction victims. Much funding is required from government and NGOs to attempt to help the direct and consequential sufferers. The establishment of a racino is not in the overall public interest. Time and again, government has learned the hard way that an industry that can't swim on its own merits should be allowed to sink, and that sooner rather than later, taking public funds with it. The right choices for honourable government may not be easy, popular, or balance sheet friendly. Nevertheless, they will still be the right choices, ones with which you can eventually die happy. From his father, Dan's, faithful campaign against VLTs, you know about the circumstances of the tragic death of Eric Bishop. Let me tell you about Mary Brown, (not her real name,) a lovely young mother of two preschoolers. I stood with those in grief beside her casket, - what a waste! A mother's love, nurture and care denied to her babies, her own untasted years of life, love, laughter, joys and sorrows - all were gone in a moment of despair. She took her own life in the morass of the seemingly unbearable complications resulting from her VLT addiction_ Who's responsible? Certainly, she is. Nobody else participated in the act that ended her life. But unless it is okay to trip a blind man, all those who set, for their own profit, the traps into which she fell, share the responsibility_ Thus, enabling political leaders, the indictment includes your names. If you continue to countenance and promote a casino, and one is established, you affirm that the foreknown inevitable consequences, including much misery among the economically disadvantaged - consult a Social Worker or two, in your research - and even the occasional death, are acceptable to you. Problem is, you never know that it won't be your child, grandchild, nephew, friend - around whom family and friends gather and weep, as they lie in their casket. Is it worth that? Clearly not. So why would it be worth the loss of anybody else's dear one? Power, with accountability beyond the immediate circumstances, has been temporarily entrusted to you. Will you exercise it in integrity and virtue, or in support of vice? Yours respectfully, Stephen Young E TIM ISAAC. ANTIQUES and APPRAISALS 97 PRINCE WILLIAM STREET, SAINT JOHN, NB E21, 2$2 Tel: (506) 652 -3222 Fax (506) 652 =9366 • E -mail isaacant(@,,nbnet.nb.ca. website www.timisaae.com �7 C J Mr. Peter Asimakos General Manager Uptown Saint John Inc. 40 King Street Saint John, NB E2L 1G3 January 11, 2006 Dear Peter, On behalf of several merchants in the Prince William Street area, we would like to express our interest in working with Uptown Saint John Inc. to plan events for this historic streetscape. Further to the recent Water Street redevelopment and traffic pattern changes, we believe that the block between King Street and Princess Street has the potential for increased pedestrian traffic, which would leverage business in the area. The block would be ideal to stage the Buskers Festival, musical performances, vintage car rallies, day markets for cruise ship passengers, and more. It is interesting to note that our neighbour across the street, Williams Public Relations, made a similar recommendation in its May 1996 Marketing Plan for Uptown Saint John Inc. The agency recommended closing the Princess /King St. block for a merchant parade, various themed events such as "Turn of the Century Price Flashbacks ", heritage events, skate board competitions and music. With subsequent organizational changes at Uptown Saint John, this suggestion unfortunately did not come to fruition, although it was briefly reintroduced a few years ago on Canterbury Street for a well - attended art festival. Now that Water Street is two -way, there are exciting possibilities to implement this pedestrian plaza concept which is successful in other cities such as the "Granville Mall" on the Historic Properties in Halifax, parts of Montreal, Boston and throughout Europe. Naturally, we would need support of Uptown Saint John and the City of Saint John to promote events on the street by closing the block. What better time to introduce this concept than 2006, the 30th anniversary of our uptown "BIA ". Such events would enhance the opportunities to enjoy the character of the buildings in this central core which was traditionally, and remains, one of the city's main commercial districts. It would also generate economic growth with spin -off purchasing for the entire uptown. We respectfully ask for your input and support in helping the gateway of Trinity Royal Preservation Area increase its pedestrian traffic and maximize its business potential. Please do not hesitate to contact me to arrange a meeting with interested merchants at your convenience. lSincerely, Tim Isaac Tim Isaac Antiques