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2006-07-17_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 17, 2006 Location: Common Council Chamber Committee of the Whole 1. Call to Order — 5:00 pm 1.1 Departmental Matters 10.2(4)0) 1.2 Staffing Issue 10.2(4)(b) 1.3 Collective Bargaining Update 10.2(4)(b) 1.4 Property Matter 10.2(4)(d) 1.5 Property Matter 10.2(4)(d) 1.6 Propoerty Negotiations 10.2(4)(d) Regular Meeting 1. Call to Order — Prayer, 6:30 p.m. 2. Approval of Minutes 2.1 July 4, 2006 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Adoption of Consent Agenda 5.1 Human Development Council - Official City Status for Saint John Youth Cabinet (Refer to City Manager) 5.2 Saint John Transit Commission - 2006 Operating Budget Status (Receive for Information) 5.3 Request from Anglo Society of NB for City to Fly its Flag - Sept. 18/06 (Refer to City Manager) 5.4 NB Historical Society - Renaming of Streets (Refer to City Manager) 5.5 Request to Present from Milk for Mom's Inc (Refer to Common Clerk to Schedule) 5.6 Request to Present from Partnerships Saint John (Refer to Common Clerk to Schedule) 5.7 Eric Teed Regarding Cigarette Butt Receptacles (Refer to City Manager) 5.8 Saint John Waterfront Development Partnership Request to Present (Refer to Common Clerk to Schedule for July 31, 2006) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 7:00 p.m. - Active Transportation Saint John 8.2 7:15 p.m. - Patricia Higgins - Proposed Brunswick Pipeline 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Risk Analysis of Proposed LNG Gas Line (Councillor Tait) 11.2 Response Regarding Pension Plan Deficit (Councillor Ferguson) 11.3 Funding for Public Transit (Councillor Tait) 11.4 Invitation to Honourable Madeline Dube Minister of Family and Community Services to Visit City (Councillor McGuire) 12. Business Matters - Municipal Officers 12.0 Lease Negotiations City Hall 12.1 Horizon Management Development Agreement 12.2 Pension Plan Funding Requirements 12.3 Discussion Role of Council 12.4 2006 General Fund Capital Program Adjustments 12.5 Contract 2006 -10: Grannan Street (Germain to Prince William Street) Street Reconstruction 12.6 Contract 2006 -19: Loch Lomond Road /Ocean Westway - Asphalt Concrete Resurfacing 12.7 Design and Project Management: Saint John East Sanitary Sewer Inflow /Infiltration Reduction Program Phase IV And Manhole Rehabilitation Design and Inspection Service 12.8 Request to Build Cottage - Kelly Lake 12.9 Sale of Stopped Up and Closed Streets Poplar St, Walnut St, Eastmount Cr, Amherst St, Windsor St, Woodland St, Elmwood Ave, Ashland Ave and portion of Rockwood Avenue 12.10 Red Head Secondary Access Road - Portion of Crown Reserved Road 12.11 Simpson Drive Wastewater Pumping Station - Mechanical and Electrical Failure 12.12 Tender - Interior Renovations Charles Gorman Arena 13. Committee Reports 13.1 Saint John Transit Commission Re New Facility 13.2 Saint John Transit Commission - Letter of Thanks to Former Commission Members 13.3 Saint John Parking Commission - Appointment of Michael Marshall as a By- Law Enforcement Officer 13.4 Saint John Transit Commission - Annual Report December 2005 13.5 Saint John Industrial Parks - Ongoing Developments 13.6 Planning Advisory Committee - Proposed Subdivision Assent 310 -336 Westmorland Road 14. Consideration of Issues Separated from Consent Agenda 14.1 Michael Haynes Condition of Sidewalk Manawagonish Rd (Refer to City Manager) 14.2 Paul Russell re Condition of Intersections Loch Lomond Rd (Refer to City Manager) 15. General Correspondence 15.1 Saint John West Business Assoc Inc. - Invitation to Parade 15.2 NB Conservation Council Request for Signage at Tucker Park Beach 15.3 NB Historical Society re Expansion of Martello Tower 15.4 Request for Financial Assistance from Health & Wellness Expo 15.5 Letter from Gerry Hudson Regarding Parking Charge at St Joseph's Hospital 15.6 Canaport Community Environmental Liaison Committee - Deterioration to Red Head Road 15.7 Amalgamated Transit Union - Request to Present 16. Adjournment City of Saint John Seance du conseil communal Le lundi 17 juillet 2006 Emplacement : Salle du conseil communal Comite plenier 1. Ouverture de la seance : 17 h 1.1 Questions relatives aux services — alinea 10.2(4)j) 1.2 Questions relatives au personnel — alinea 10.2(4)b) 1.3 Compte rendu sur les negociations collectives — alinea 10.2(4)b) 1.4 Question relative a la propriete — alinea 10.2(4)d) 1.5 Question relative a la propriete — alinea 10.2(4)d) 1.6 Negociations relatives aux biens -fonds — alinea 10.2(4)d) Seance ordinaire 1. Ouverture de la reunion, suivie de la priere.> 18h30 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 4 juillet 2006 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Adoption de l'ordre du jour relatif aux questions soumises a 1'approbation du conseil 5.1 Conseil de perfectionnement social — Statut officiel de la Ville en ce qui a trait au Youth Cabinet (cabinet des jeunes) de Saint John (transmettre au directeur general) 5.2 Etat du budget d'exploitation 2006 de la Commission des transports de Saint John (accepter a titre informatif) 5.3 Demande presentee par 1'Anglo Society of NB [association anglophone] en vue de faire hisser son drapeau par The City of Saint John — le 18 septembre 2006 (transmettre au directeur general) 5.4 Societe historique du Nouveau - Brunswick - Changement des noms de rues (transmettre au directeur general) 5.5 Demande de presentation de la part de Milk for Mom's Inc. (transmettre au greffier communal pour qu'une date de presentation soit fixee) 5.6 Demande de presentation de la part des Partenariats de Saint John (transmettre au greffier communal pour qu'une date de presentation soit fixee) 5.7 Lettre revue de Eric Teed relative aux recipients de megots de cigarettes (transmettre au directeur general) 5.8 Demande de presentation de la part du Partenariat d'amenagement du secteur riverain de Saint John (transmettre au greffier communal pour que la date de presentation soit fixee au 31 juillet 2006) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 19 It - Active Transportation Saint John 8.2 19 It 15 - Patricia Higgins sur le projet de gazoduc Brunswick 9. Audiences publiques 10. Etude des arretes municipaux 11. Intervention des membres du conseil 11.1 Analyse des risques du projet de pipeline de gaz naturel liquefie (conseiller Tait) 11.2 Reponse concernant le deficit du regime de retraite (conseiller Ferguson) 11.3 Financement pour le service de transport en commun (conseiller Tait) 11.4 Invitation lancee a Monorable Madeleine Dube, ministre des Services familiaux et communautaires, en vue de visiter la ville (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.0 Negociations relatives au bail conclu avec 1'h6tel de ville 12.1 Entente d'amenagement conclue avec Horizon Management 12.2 Exigences liees au financement du regime de retraite 12.3 Discussion sur le role du conseil 12.4 Modifications au programme d'immobilisations du fonds d'administration pour 2006 12.5 Contrat 2006 -10 : Travaux de refection de la rue Grannan (rue Germain a rue Prince William) 12.6 Contrat 2006-19: Chemin Loch Lomond et voie Ocean Ouest — Resurfa� age au moyen de beton asphaltique 12.7 Conception et gestion du projet — phase IV du programme de reduction du captage et d'infiltration des egouts sanitaires dans Saint John Est ainsi que conception de la remise en etat et service d'inspection du trou d'homme 12.8 Demande de construction d'un chalet au lac Kelly 12.9 Vente de rues barrees et fermees a la circulation — Rue Poplar, rue Walnut, croissant Eastmount, rue Amherst, rue Windsor, rue Woodland, avenue Elmwood, avenue Ashland et un tron�on de 1'avenue Rockwood 12.10 Voie d'acces secondaire Red Head — Tron�on du chemin reserve de la Couronne <12.11 Panne electrique et mecanique au poste de pompage des eaux usees de la promenade Simpson> 12.12 Soumission relative aux travaux de renovation interieure effectues a 1'arena Charles Gorman 13. Rapports de comitesy 13.1 Commission de transport de Saint John — Nouvelle installation 13.1 Commission de transport de Saint John — Lettre de remerciement aux anciens membres de la Commission 13.3 Commission sur le stationnement de Saint John relativement a la nomination de Michael Marshall a titre d'agent d'execution des arretes municipaux 13.4 Commission de transport de Saint John relativement au rapport annuel de decembre 2005 13.5 Saint John Industrial Parks — Developpements en cours 5.7 Comite consultatif d'urbanisme recommandant que soit approuve le projet de lotissement au 310 -336, chemin Westmorland 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 14.1 Michael Haynes — Etat du trottoir du chemin Manawagonish (Transmettre au directeur general) 14.2 Paul Russell — Etat des intersections du chemin Loch Lomond (Transmettre au directeur general) 15. Correspondance generale 15.1 Invitation de la Saint John West Business Association Inc. a la parade 15.2 Demande de signalisation du Conseil de conservation du Nouveau - Brunswick a la plage du parc Tucker 15.3 Societe historique du Nouveau - Brunswick — Agrandissement de la tour Martello 15.4 Demande d'aide financiere provenant de Health & Wellness Expo 15.5 Lettre de Gerry Hudson concernant les frais de stationnement a 1'h6pital St Joseph's 15.6 Comite de liaison environnementale communautaire de Canaport relativement a la deterioration du chemin Red Head 15.7 Demande soumise par le Syndicat uni du transport en vue de faire une presentation devant le conseil 16. C16ture de la seance 8595205 Lem tech ht —.t-.1 13,34 03 2006 -07 14 2126 92-336 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 20MLE4 JUILLEr 2008 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — July 4, 2006,6:46 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Ferguson, McGuire, Tad and Titus - and - T. Totten, City Manager, J. Nugent, City Solicitor; A. Beckett, Deputy City Manager of Programs and Priorities and Acting Treasurer; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; E. Gin, Municipal Operations; A. Bodechon, Chief of Police; M. Gillan, Deputy Fire Chief P. Woods, Common Clerk and Deputy City Manager; and J. Farrar, Administrative Assistant REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, Is 4 juillet 2006 118 h 46 Sont presents: Norman McFarlane, maire I@ mairesse suppleante Hooton at ]as conseillers Chang, Chase, Court, Ferguson, McGuire, Tait at Titus at T. Totten, directeur general; J. Nugent, avocat municipal; A. Beckett, directeur general adjoint, programmes at priorites et trAsorier par interim; J_ Baird, commissaire a I'urbanisme at au developpement; W. Edwards, commissaire aux services d'inspection at des betiments; E. Giffin, Service des operations municipales; A. Bodechon, chef de police; M. Gillan, chef adjoint du service d'ineendie; P. Woods, greffier communal at directeur general adjoint; at J. Farrar, adjointe administrative. 1. Call To Order— Prayer Mayor McFarlane called the meeting to order and Father Joseph Arsenault of St. Rose's Church offered the opening prayer. 1. Ouverture de Is reunion, suivie de Is pr!6re La seance est ouverte par le maire McFarlane. Le pare Joseph Arseneaull de i'eglise St. Rose recite Is priere d'ouverture. 2. Approval of Minutes On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on June 19, 2006, be approved. Question being taken, the motion was carried. 2. Approbation du proeba- verbal de Is dernibre reunion Proposition du conseiller Court Appuy6e par Is conseiller McGuire RESOLU qua le proces- verbal de Is reunion du conseil communal tenue le 19juin 2006 soit approuve. A ('issue du vote, Is proposition est adoptee. 8595205 Leai -tech International 13.34.27 2006 -07.14 3126 92439 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 211Q6fLE 4 JUILLET 2006 Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of items 11.5 - Cancellation of Digby Ferry Service; 11.6 - Blasting in the Red Head area and item 12.0 Report from Committee of the Whole - Duty to Act in the Best Interest of Citizens. Question being taken, the motion was carried. Adoption de fordre du jour Proposition de Is mairesse suppleante Hooton Appuyse par Is conseitler McGuire RESOLU qua I'ordre du jour de Is presents reunion soft adopts, moyennant I'ajout des points 11.5, Annulalion du service du trensbordeur assurant la navette entre Digby et Saint John, 11.6, Dynamitage dans Is secteur Red Head et 12.0, Rapport presents par Is comitd plbnier relatif a robligation d'agir dans Is mailleur intsrLM des citoyens. A ('issue du vote, is proposition est adoptde. 51 Adoption of Consent Agenda 5.1 Proposed Municipal Plan Amendment 76 Coburg St That the proposed Municipal Plan Amendment for 76 Coburg Street be referred to the Planning Advisory Committee for a report and recommendation and authorization be given for the necessary advertising with a Public Hearing to be held on Monday, August 14, 2006 at 7:00 p.m. in the Council Chamber. 5.2 Fundy Bay Festival Request to Use King St E. That the request from Fundy Bay Festival to use King Street E. from September 21 -24, 2006 be referred to the City Manager. 5.3 Michael Haynes Condition of Sidewalk Manawagonish Rd. - That the letter and pictures from Michael Haynes regarding the condition of the sidewalk at 1852 Manawagonish Road be referred to the City Manager. 5.4 Paul Russell re Condition of Intersections Loch Lomond Rd. That the letter from Paul Russell regarding the conditions of two intersections on Loch Lomond Road be referred to the City Manager. 5.5 Subjed Sale of Lands - Lakeview Heights 1. That The City of Saint John sell PID Numbers 55167605, 55167613, 55156760, 55167597, 55167571, and 55167569, being the former DVA lands and undeveloped portion of streets bisecting the said lands, as generally shown on the submitted plan, to North Star Holdings Ltd. for $75,500. (plus HST, if applicable), less all land required to buffer the City's water tank (as determined by the City); and further that: a) the sale be in accordance with the terms and conditions in Proposal Call 03 -2, save and except the first line in Paragraph 4 of Section 4 in the aforesaid Proposal Call; b) that the closing date be on or before July 31, 2006; c) the sale be subject to a 15 metre wide t right- of-way from Willie Avenue to the water tank, as generally shown on the submitted plan; d) that the bid deposit of $3,775. form part of the purchase price; and e) that the Mayor and Common Cierk be authorized to sign transfer and related documents. 8595205 Lexi -tech International 13.34.56 2006 -07 -14 4126 92-M COMMON COUNCILICONSFJL COMMUNAL JULY 4, 20MLE 4 JUILLET 2006 2. It is further recommended that Common Council assent to the submitted photo - reduced subdivision plan of Lot 04 -01 of the Golden, Huxtable and White subdivision and to any required municipal services easements. 5.5 Release of Municipal Services Easement Lot 05.04A, Depot Court (PID 55174304) That Common Council authorize the Mayor and Common Clerk to execute the submitted Partial Release of Easement with respect to Lot 05 -04A, Depot Court (PID 55174034). 5.7 Assent of Public Utility Easements 400 Hillcrest Rd. That Common Council assent to the submitted photo - reduced Hilicrest Lake Estates Subdivision with respect to any necessary public utility easements. On motion of Deputy Mayor Hooton Seconded by Councillor Tdus RESOLVED that the Consent Agenda be adopted with items 5.3 and 5.4 being considered separately as items 14.1 and 14.2 respectively, Question being taken, the motion was carried. 5. Adoption de I'ordre du jour relatif aux questions soumises a ['approbation du consell 5.1 Projet de modification du plan municipal relattf au 76, rue Coburg Qua to projet de modification du plan municipal relatif au 78, rue Coburg soil transmis au Comitd consultatif d'urbanisme an vue de 1'etablissement d'un rapport at de Is prEsentation de recommendations, qua la publication des avis A cet effet salt aulorisbe at qu'une audience publique aft lieu le lundi 14 ao0t 2006, A 19 h, dons la salle du tonsil. 5.2 Demands present4e par Fundy Say Festival Inc. concernant I'utilisation de la rue King Est - QUE la demands prssentse par Fundy Say Festival Inc., concemant ('utilisation de Is rue King Est du 21 au 24 septembre 2006, sod transmise au directeur general. 5.3 Michael Haynes — etat du trottoir du chemin Manawagonish - Qua Is lettre at les photos de Michael Haynes, concemanl I'etat du trottoir faisant face au 1852, chemin Manawagonish, salient transmises au directeur general. 5.4 Paul Russell — bat des intersections du chemin Loch Lomond - Qua la lettre revue de Paul Russell, concernant 1'6tat des deux intersections du chemin Loch Lomond, sod transmise au directeur general. 5.5 Veme de biens fonds — Lakeview Heights 1. Qua The City of Saint John procsde a la vente des parcelles de terrains portent les NID 55167605, 55167613, 55158760, 55167597, 55167571 at 55167589, a savoir les terrains appartenant anterieurement au ministbre des Anciens combattants at une parcetle non am6nagee des rues bilurquant lesdits terrains, comme Is mantra de fagon generale Is plan presents, a North Star Holdings Ltd., au prix soumissionne de 75 500 $, (plus TVH, s'il y a lieu), A 1'exception de toutes les terres nscessaires afin de foumir un tampon au reservoir d'eau municipal (de la maniere d6terminse par Is Ville) at de plus, a) qua Is vente soit effectuee conformement aux modalit6s at conditions stipulses s rappel de propositions 03 -2, a 1'exception de Is premibre ligne du paragraphe 4 de I'anccla 4 dudit appel de propositions; b) qua Is date de cl6ture soft fixee au plus tard le 31 juillet 2006; c) qua la vent& soil assujettie s une servitude d'une largeur de 15 mstres a partir 8595205 Lem NO lnte,-A,wal 13.35.24 2006 -07 -14 5126 91341 COMMON COUNCILtCONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLET 2906 de I'avenue Willie jusqu'au r@servoir d'eau, comme I'indique de maniere gsnsrale Is plan prssente; d) quo Is depot de soumission de 3 775 $ soft inclus clans Is prix de venter e) quo Is maire at Is greffier communal soient aulorisbs A signer I'acle de transfert at ies documents connexes. 2. II eat de plus recommande qua le Conseil communal approuve Is photo reduite pr6sentais du plan de lotissement relatif au lot 04 -01 situe au lodssement Golden, Huxtable and White at touts servitude de services municipaux require. 5.6 Litreration d'une servitude aux fins de services municipaux du lot 05.04A, depot A is cour(NID $5174304) - Qua le Conseil communal autorise Is maire at Is greffier communal A signer la liberation partielle de ]'entente presentdo relative aux servitudes aux fins de services municipaux du lot 05 -04A, d6p6t A Is tour (NID 55174304). 5.7 Approbation de ]a servitude d'utilite publique visant Is 400, chemin Hilicrest - Qua Is Conseil communal approuve Is plan provisoire presents evec photo reduite relatif au lotissement Hillcrest Lake Estates an re qui a trait aux servitudes d'utilH publique requises. Proposition de Is mairesse supplsante Hooton Appuyse par Is conseiller Titus RESOLU qua I'ordre du jour des questions soumises A ('approbation du Conseil soft adoptd, moyennant 1'examen distinct des points 5.3 at 5.4, an tant qua points 14.1 at 14.2 respectivement. A ]'issue du vote, la proposition est adoptee. Members Comments Council members commented on various community events. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council accept the resignation of Councillor Titus as Chairman and member of the Saint John Transit Commission. Question being taken, the motion was carried- On motion of Councillor Titus Seconded by Counrailor McGuire RESOLVED that Councillor Tait be appointed to the Saint John Transit Commission. Question being taken, the motion was carried. Councillor Chang proposed a motion, which was seconded by Councillor Court that the Nominating Committee be disbanded. Councillor Chang expressed the opinion that Council should follow the process of the Nominating Committee and questioned if it is appropnate to make a motion during Members Comments. Mr. Woods responded that there should not be any motions during this portion of the meeting and explained that Members Comments offers Councillors an opportunity to speak on community events; and further advised it would be more appropriate to add an item to the agenda as a business matter. Commentaires prssentAs per loo membres Las membres du Conseil s'expriment sur divemea activites oommunautaires. Proposition du conseiller Titus Appuyee par Is conseiller McGuire RESOLU qua Is conseil accepts Is dsmission du conseiller Titus an tant quo president at membre de Is Commission des transports de Saint John. A ]'issue du vote, la proposition est adoptee. 8595205 Lexi -tech International 13.35'.50 2006 -07 -14 0 /26 92342 COMMON COUNCILICONSEIL COMMUNAL JULY a, 20OWLE a JUILLEr 2oo4 Propasitian du conselller Titus Appuyee par Is conselller McGuire RCSOLU qua Is conseiller Tait sod nomm8 pour Sieger a la Commission des transports de Saint John. A Tissue du vote, la proposition est adoptee. Le conseiller Chang presente une proposition, appuyI par Is eonseiller Court, visant la dissolution du Comdr des candidatures. Le conseiller Chang est d'avis qua is Conseil devrait suivre le prociii du Corl des candidatures et se demands sill al pertinent de presenter une proposition durant Is point intitule Commentaires preserites par les membres. M. Woods repond qu'aucune proposition ne devreit etre presentee durant cells partie de Is reunion at explique que le point intitulL+ Commentaires presentee par les membres offre aux Conseillers Is possibility de s'exprimer stir les lvenements eommunautaires. 11 indique egolement quill conviandrait mil d'ajouter un point e I'ordre du jour an lant qu'affaire municipale. 7. Proclamation 7. Proclamation 8. DelegationslPresentations 8.1 The Village Neighbourhood Association Referring to the submitted report, Ms. Cony Brienza of The Village Neighbourhood Assocation provided Council with an overview of the Association commenting regarding their objectives, strategy and the demographics of the area. She explained that they are proposing the establishment of a City Liaison Team and a twice annual review by City Council to review the progress, break barriers to change, and to ensure effectiveness of City government to provide them with the required services to fulfill their missions and the city's, Discussion followed with Ms. Brienza responding to questions and Councillor Ferguson referring the matter of establishing a City Liaison Team composed of identified, empowered officials from required commissions and departments to work towards a resolution of issues in The Village, to the City Manager, Mayor McFarlane offered to most with Ms. Brienza for an afternoon to go through the Village Neighbourhood. (Councillor Chang withdrew from the meeting.) S. Dilegadons at prisentations 8.1 Association The Village Neighbourhood Association Be reportant au rapport presents, M- Cony Brienza de I'Association The Village Neighbourhood foumit au Conseil un aperpu de ('Association an ce qui a trait a ses objectifs, so strategie et Is demographie du secteur. Elie explique qua I'Association propose la creation d'une equipe de liaison de la ville et un examen biannuel affectue par Is Conseil communal afin d'evaluer les progrits accomplis, de surmonter les obstacles au chargement et d'assurer 1'efficacite du Conseil communal en vue d'offdr lee services necessaires a la realisation de so mission et de celle de la ville. Una discussion s'ensuit. M— Brienza repond aux questions et le consailler Ferguson transmat au directeur gendrel Is question relative a is creation dune equips, de liaison de 12 Ville composee de representants designee at habilites provenant des commissions at des services pertinents en vue de travailler a Is resolution des problemes darts le Village. Le matre McFarlane offre de rencontrer Mina Brienza au tours d'un apres -midi afin de circular dans Is Village Neighbourhood. (Le conseiller Chang quilts Is reunion.) Public Hearings 7:00 P.M. Audiences publiques 1119 h 8595205 Le tech Internab-1 13.36.33 2006 -07 14 7126 92-343 COMMON COUNCILfCONSEIL COMMUNAL JULY 4, 20DOILE 4 JUILLET 20116 10., Consideration of By -laws 10.1 and Reading Zoning By -law Amendment - 308 Lowell St. On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "Byaaw Number C.P. 110 -18 a Law to Amend the Zoning By-law of The City of Saint John ", re- zoning a parcel of land located at 308 Lowell Street, having an area of approximately 890 square metres, also identified as being PID Number 00383059, from "R -2" One and Two Family Residential to'RM -1' Three Storey Multiple Residential classification, be read. Question being taken, the motion was canted. The by -law entitled, "By -law Number C. P. 110.18 a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 110 -18 a Law to Amend the Zoning By -law of The City of Saint John', re- zoning a parcel of land located at 308 Lowell Street, having an area of approximately 890 square metres, also identified as being PID Number 00383059, from 'R-2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential 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. 110-18 a Law to Amend the Zoning By -law of The City of Saint John ". 10. dude des arrhMs municipaux 10.1 Troisl6me lecture du projet de modification de Parrw sur Is zonage visant Is 308, rue Lowell Proposition du conseiller Ferguson Appuy6e per Is mairesse suppl6ante Hooton R�SOLU qua farr&6 intitul6 c Arrlt6 no C.P. 110- 18 modifiant I'arr&6 Sur Is zonage de The City of Saint John a, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 890 m6tres carr6s, situde au 308, rue Lowell at portant Is NID 00383059 afin de faire passer is d6signation s'y rapportant de zone r6sidentielle — habitations unifamiliales et bifamiliales c R -2 a a zone r6sidentielle d1mmeubles a logements multiples de trois 6tages c RM -1 a, Passe tobjet d'une lecture. A Tissue du vote. IS proposition est adopts& L'an*16 intitul6 c Arr6t6 h* C.P. 110 -18 modifiant I'artet6 Sur Is zonage de The City of Saint John n as[ lu int6gralement. Proposition de Is mairesse supp16ants Hooton Appuybe par Is conseiller Court RPESOLU qua tarr&6 intitul6 a Arr&6 no C.P. 110- 18 modifiant I'arr6t6 sur Is zonage de The City of Saint John N, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 890 m6tres camho, situ6e au 308, rue Lowell at portant Is NID 00383059 afin de faire passer Is d6signation s'y rapportant de zone r6sidentielle — habitations unifamiliales at trrfamiliales a R -2 s a zone r6sidentiella d'immeubles a logements multiples de trois btages a RM -1 a, fasse robjet d'une troisl6me lecture, qua ledit a"% soft 6dict6 et que Is soeau communal y Solt appos6. A Tissue du vote, la proposition est adopt&e. Troist6me lecture par titre de I'arrdW intitul6 c Arr6t6 n° C.P. 110-18 modifiant tarr&6 sur Is zonage de The City of Saint John a. 8595205 Lexi -tech International 13.37.05 2006 07 -14 8126 92-314 COMMON COUNCILICONSEIL COMMUNAL JULY4, 20061LE4 JUILLET 2066 10.2 3'd Reading - Zoning By -law Amendment -172 Tower St On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that the by -law entitled, 'By -law Number C.P. 110 -19 a Law to Amend the Zoning By -law of The City of Saint John', re- zoning of a parcel of land located at 172 Tower Street, having an area of approximately 440 square metres, also identified as being PID Number 00364737, from 'R -2' One and Two Family Residential to 'B-1' Local Business classification, be read. Question being taken, the motion was carried. The by -law entitled, "By-law Number C.P. 110.19 a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Ferguson RESOLVED that the by -law entitled, 'By -law Number C.P. 110 -19 a Law to Amend the Zoning By-law of The City of Saint John', re- zoning of a parcel of land located at 172 Tower Street, having an area of approximately 440 square metres, also identified as being PID Number 00364737, from 'R -2' One and Two Family Residential to "B -1' Local Business 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. 110-19 a Law to Amend the Zoning By -law of The City of Saint John'. 10.2 Troisl3me lecture du projet de modification de I'arreta sur le zonage visant Is 172, rue Tower Proposition du conseiller Court Appuy6e par le conseiller Ferguson RESOLU qua I'arr&A intitule a ArfttE no C.P. 110- 19 modiflant I'arr616 sur Is zonage de The City of Saint John a, relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 440 metres carr6s, situlbe au 172, rue Tower at portant le NID 00364737 afin de faire passer IS d6signation s'y rapportant de zone r6sidentielle — habitations unffamiliales et bifamiliales a R -2 n 4 zone commercials locale s B -1 o, fasse robjet d'une lecture. A rissue du vote, la proposition est adopt4e. Uarr8t8 intitule x Arr4t6 n° C.P. 110 -19 modifiant Parr&& Sur le zonage de The City of Saint John a est lu int6gralement. Proposition de Is mairesse suppl6ante Hooton Appuy6e par IS cor ller Ferguson RI`_SOLU que I'arr@te intitule a Arr6te no C.P. 110- 19 modifiant I'arrdt,6 Sur le zonage de The City of Saint John a, relativement au rezonage d'une parcelle de terrain d'une superf cie d'environ 440 metres carr6s, situ6e au 172, rue Tower at portant le NID 00364737 afm de faire passer Is dksignabon s'y rapportant de zone residentielle — habitations unifamiGales et Wamiliales a R -2 a e zone commerciale locale or B-1 a, Passe I'objet d'une troisibme lecture, que ledit arrAtO snit 6d46 et que le soeau communal y Solt appose. A rissue du vote, Is proposition est adoptee. G Troisi8me lecture par titre de I'arrdte intitul4 a ArrAtts n° C.P. 110 -f1( modifiant t'ar*6 sur le zonage de The City of Saint John a. 8595205 Ler tech International 13.37.35 2006 -07 -14 9126 92-345 COMMON COUNCIUCONSEIL COMMUNAL JULY 4, 2oa6rLE 4 JUILLET 2006 10.3(a) 3r0 Reading - Municipal Plan Amendment & Zoning Byelaw Amendment - 310 Westmorland Road On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number C.P. 105-7 a Law to Amend the Municipal Plan By-law" amending Schedule 2- A, the Future Land Use Plan, by re- designating a parcel of land with an area of approximately 7840 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 00320150 and 55160105, from Low Density Residential to Regional Centre classification, be read. Question being taken, the motion was carried, The by -law entitled, 'By -law Number C.P. 1057 a Law to Amend the Municipal Plan By- law" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 105 -7 a Law to Amend the Municipal Plan By -law" amending Schedule 2- A, the Future Land Use Plan, by re- designating a parcel of land with an area of approximately 7840 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being PID Numbers 003201W and 55160105, from Low Density Residential to Regional Centre classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Read a third time by title, the by -law entitled, "By-law Number C.P. 110-7 a Law to Amend the Municipal Plan By -law of The City of Saint John ". 10.3Ib►(c) On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by-law entitled, "By -law Number C. P, 110-20 a law to Amend the Zoning By -law of The City of Saint John', re- zoning a parcel of land located at 310 Westmorland Road, having an area of approximately 7640 square metres (1.9 acres), also identified as being PID Numbers 00320150 and 55160105, from "RS -2' One and Two Family Suburban Residential to 'SC Shopping Centre classification be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110-20 a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Ferguson RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the development of a shopping centre on a parcel of land with an area of approximately 7640 square metres (1,9 acres), located at 310 Westmorland Road, also identified as being PID numbers 00320150 and 55160105, be subject to the following conditions. a) The site shall be used in conjunction with, and shall be subject to the same Section 39 conditions as the adjacent shopping centre development to the northeast of the subject site, where the subject site shall be considered to be a part of "site 2' and/or "site 3' of the proposed shopping centre development; b) Direct access to the site from Westmorland Road is prohibited; 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 Deputy Mayor Hooton Seconded by Councillor Court 6595205 Lexi tech International 10,38 as 2006 -07 -14 10126 92-346 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLET 2006 RESOLVED that the by -law entitled, "By-law Number C.P. 110- 20 a Law to Amend the Zoning By -law of The City of Saint John', re- zoning a parcel of land located at 310 Westmorland Road, having an area of approximately 7640 square metres (1.9 acres), also identified as being PID Numbers 00320150 and 55150105, from 'RS-2" One and Two Family Suburban Residential to "SC" Shopping Centre classification be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was canted, Read a third time by title, the by -law entitled, 'By -law Number C.P. 110-20 a Law to Amend the Zoning By -law of The City of Saint John'. (Councillor Chang re-entered the meeting.) 10.3x) Troisiime lecture des modifications apportees a rarrBtb ralstif au plan municipal et A I'arr60 our Is zonage, visant le 310, chemin Westmorland Proposition du conseiller Ferguson Appuyee par Is mairesse suppleante Hooton RtSOLU qua I'arl intitul6 a ArrAtA n° C.P, 105-7 modifiant Parrs(® relatif au plan municipal a, visant a modifier, i ('annexe 2-A du plan d'arrLenagemem futur des terres, la dBaignation d'une parcelle de terrain situibe au 310, chemin Westmorland, d'une superfrcie d'environ 7 640 m8lres cams (1,9 acre) at portent lea NID 00320150 at 55160105, pour Is faire passer de zone rAsidentielle de faible densitA A zone de centre rAgional, fasse robjat dune lecture. A l'issue du vote, la proposition est adopt6a. L'arretA intitul8 c Arr816 n° C.P. 105-7 modifiant I'arrdtd relatif au plan municipal » eat lu integralement. Proposition de Is mairesse suppleante Hooton Appuyee par Is conseiller Court RESOLU qua I'arr&6 intitul& a Arrete n° C.P. 105 -7 modifiant rarrbt® relatif au plan municipal », visant A modifier, A I'annexe 2-A du plan d'am6nagement futur des terres, la d6aignation d'une parcelie de terrain siluee au 310, chemin Westmorland, d'une superficie d'environ 7 640 m4tres carr6s (1,9 acre) at portent les NID 00320150 at 55160105, pour la faire passer de zone r"clerdielle de faible densit6 A zone de centre rdgional, fasse ('objet d'une troisiAme lecture, que ledit ar*6 soft i5diotA at qua Is sceau communal y soft appo&6. Troisi4me lecture par titre de I'arr61e intkule « Arr6t4 n° C.P. 110.7 modifiant tarn t8 relatif au plan municipal de The City of Saint John s. 10.3b)c) Proposition de la mairesse suppleante Hooton Appuyee par Is conseiller Court RE SOLU qua I'arr&A intitul6 r Arr&6 n° C.P, 110- 20 modifiant rarrM6 sur le zonage de The City of Saint John m, modMant Is zonage d'une parcelle de terrain sttuee au 310, chemin Westmorland, d'une superfioie d`environ 7 640 mitres earres (1,9 acre) et portent les NID 00320150 at 55160105 an de faire passer Is d6signation s'y rapportant de zone rAsidentielle de banlieue - habitations unifamiliales at b9amiliaies a RS-2:) A zone de centre commercial a SC s, fasse ('objet d'une lecture. A ('issue du vote, Is proposition set adoptee. L'arreti intflule R ArrbtA n° C.P. 110 -20 modifiant l'arrAtA sur le zonage de The City of Saint John u eat lu int6gralement. Proposition de Is mairesse suppliante Houton Appuyie par Is conseiller Ferguson RI=SOLu qu'en vertu des dispositions de I'article 39 de Is Loo sur l urbanisme, I'amenagement d'un centre commercial sur une parcelle de terrain d'une superriicie d'environ 7 640 mAtres carrAs (1,9 acre), situ6s au 310, chemin Westmorland at portent les NID 00320150 at 55160105, suit assujetti aux conditions suiventes : 6595205 L.. tech Int.—t -1 13.38.43 2006 -07 -14 11 126 92.347 COMMON COUNCIUCONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLET 2008 a) Is terrain deit fte utilise conjointement avec I'amenagement du Contra commercial anenant silue au nord -est de 1'emplacement en question et titre assujeni aux m6mes Conditions imposees par ]'article 39; ledit terrain sera consid6r4 comme uns partie du terrain 2 etfou du terrain 3 du projet d'amenagement du centre commercial; b) it est interdit d'acckderdirectement au terrain a padir du chemin Westmorland. De plus, a Is suite du rezonage du secteur, les terrains ainsi que tout batiment ou construction quit s'y trouve doivent titre amdinages et utilises conform&ment a Is Proposition at aux conditions qui y sont stipulees. A ]'issue du vole, Is proposition est adoptee. Proposition de Is mairesse suppl6ante Houton Appuyde par Is conseiller Court RI=SOLU que I'a W6 intitule a An*% n° C.P. 110- 20 modifiant farrete Sur Is zonage de The City of Saint John », modifiant Is zonage dune parcelle de terrain skude au 310, chemin Westmorland, d'une superficie d'environ 7 640 m&tres carr$s (1,9 acre) st portent les NID 00320150 at 55160105 afin de faire passer Is designation s'y rapportani de zone residentielle de banlieue — habilitations unifamiliales et bifamiliales x RS -2 n a zone de Centre commercial a SC s, Passe l'objet d'une troisibme, lecture, que ledit arrbte soit Adicte at que le sceau communal y soft appose. A tissue du vote, Is proposition est adopt4e. Troisi6me lecture per the de I'arr&6 inthUI6 x Arrete n° C.P. 110-20 modifiant I'arr" Sur Is zonage de The City of Saint John s. (Le conseiller Chang est de nouveau present A Is r§ union.) 10.4 3'" Reading Street Closing - Westmorland and Saint Catherine Streets and Hays Avenue On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by -law entitled 'By -law Number M -23 a By-law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John', with regard to stopping up and closing permanently a portion of Westmorland and Saint Catherine Streets and Hays Avenue, be read. Question being taken, the motion was carried, The by -law entitled, 'By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John' was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by -law entitled 'By-law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John', with regard to stopping up and closing permanently a portion of Westmorland and Saint Catherine Streets and Hays Avenue, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was canned. Read a third time by title, the by -law entitled, 'By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John'. 10.4 TroislBme lecture du projet de fermeturs des rues Westmorland et Saint Catherine et de tavenue Hays Proposition de la mairasse suppleante Hooton Appuyee par Is conseiller Titus RtSOLU que 1'arrete intilule c Arret6 n° M -23 modiflant I'arrete concemant la fermeture et le barrage de routes dans The City of Saint John b relativement a la fenneture et au barrage de fagon permanents d'une partie des rues Westmorland et Saint Catherine et de I'avenue Hays, false I'objet d'une lecture. A ]'issue du vote, Is proposition est adoptee. 8595205 Lexi tech International 13.39.17 200607 -14 12!26 02.345 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLET 2005 L'arrOI6 inbtul6 x Arr@t8 n° M -23 modifiant 1'arrbtt: concemant la formeture et le barrage de routes Bans The City of Saint John a eat lu integralement. Proposition de to mairesse suppibante Hooton Appuyee par Is conseiller Titus RESOLU que I'arretb intitule a Arrete n° M -23 modifiant rarr@te concemant la fermeture at Is barrage de routes dans The City of Saint John a, relativement a to fermeture et au barrage de fagon permanents d'une partie des rues Westmorland et Saint Catherine et de I'avenue Hays, fasse ('objet d'une troisi&me lecture, que ledit arr9te soil edict& et que le sceau communal y soft appose. A tissue du vote, to proposition est adopt6a. Troisi6me lecture par titre de I'anete intitule a Arrete n° Ili modrnant I'arrete ooncemard la fenneture et le barrage de routes dons The City of Saint John a. 10.6 3'" Reading Water and Sewerage By -law Amendment On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the by -law entitled "By -law Number III a By -Law to Amend a By -Law Respecting Water & Sewerage -, with regard to Subsections 24(2) and 24(3) be read. Question being taken, the motion was carded. The by -law entitled "By -law Number M -16, a By -Law to Amend a By -Law Respecting Water & Sewerage" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by -law entitled "By -law Number M -16, a By -Law to Amend a By-Law Respecting Water & Sewerage ", with regard to Subsections 24(2) and 24(3) 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 -16, a By -Law to Amend a By -Law Respecting Water & Sewerage ". 10.5 Troisiime lecture de Is modification do I'arrate concernant Is reseau d'equeduc at d'igouts Proposition du conseiller Ferguson Appuyee par Is conseiller Court R9SOLU que farm intitulA a Arrete n° M -16, modifiant 1'arrete conoemant le reseau d'aqueduc et d4gouts » relatif aux paragraphes 24(2) et 24(3) fasse ('objet d'une lecture. A ('issue du vote, Is proposition est adoptee. L'arrete intitulb a Arrele no M -16, modifiant I'arr@te concemant is reseau d'equeduc et d'egouts * est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par Is conseiller Titus RtSOLU que Parr@te intitule a ArrAtE n° M -16, modifiant 1'arrete concemant le reseau d'aqueduc et d %gouts » relafd aux paragraphes 24(2) at 24(3) fasse ('objet dune troisieme lecture, que ledit arrAti§ soft edicts et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisiibme lecture par titre de I'arr&6 intitule s ArrBte n° M -16, modifiant rar*6 concemant k: reseau d'aqueduc et d'egouts ». 8505205 Le tech International 13:39.46 2006 -07 -14 13126 92349 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 20OWLE 4 JUILLET 200* 11. Submissions by Council Members 11.1 Request for Update on Development for Fairville Boulevard Responding to Councillor McGuire's letter, Mr, Totten provided Council with an update regarding the commercialisustainable development proposed for Fairville Boulevard. Intervention des membres du conseil 11.1 Demand* de nouvelles concernant 1'am6nagement du boulevard Fairville Rbpondant b la lathe du conSeiller McGuire, M. Totten donne au conseil lee demibres informations concemant Is projet d'amdnagement commercial at durable du boulevard Fairville. 11.2 World Urban Forum III Conference On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the letter from Councillor McGuire providing Council with an update on the World Urban Forum III - International U.N. - Habitat Event on Urban Sustainability which he recently attended in Vancouver, B.C., be received for information. Question being taken, the motion was carried. 11.2 Confdrence Sur Is Forum urbaln mondial III Proposition de la mairesse supplbante Hooton Appuybe par le conseiller McGuire RESOLU qua Is lettre du conseiller McGuire, donnard au conseil les demiiires informations sur le Forum urbain mondial 3 — un 6vbnement international de I'ONU- HABITAT sur Is durabilite urbaine, auquel it a participb rbcemment a Vancouver, an Colombie- Britannique, soft acoepthe A titre infonnatlf. A Tissue du vote, Is proposition est adoptbe. 11.9 Providing Housing for A Changing World -Not Zero Energy Healthy National Housing Initiative On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that a letter of support from the Mayor and Council be provided to the national housing competition entitled Net Zero Energy Healthy National Housing Initiative. Question being taken, the motion was carried. 11.3 Offre de logements pour un monde an mutation -Initiative Matson seine A consommation 6nergetique nette zAro Proposition du consailler McGuire Appuybe par le conseiller Titus RESOLU qu'une lettre d'appui du maire at du conseil sort prbsentbe au contours national de I'habhotion intftul6 Initiative Maison seine b consommation energetique nette zbro. A I'issue du vote, is proposition est adoptee, 11.4 Request for Presentation Regarding Community Model for Old North End with Respect to Policing On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that Chief Bodechon and Police Commission Chair, Ray French, present to Council their whole community plan with respect to neighbourhood policing. 8595205 LaXI -tech lnternatwnal 13.40.14 2006 -07 -14 14128 92x50 COMMON COUNCIUCONSEIL COMMUNAL JULY 46 20017LE 4 JUILLEf 2006 It was suggested by Councillor McGuire that the representatives from Canada Mortgage and Housing and ONE Change Community Group who organized the Old North End Charrette make a presentation to Council along with the above noted. Question being taken, the motion was carried. 11.4 Demande de prisentation concement le modalo communautaire du vieux quartier nord relatif aux sarvicas de police Proposition de Is mairesse suppliante Houton Appuyee par Is conseiller McGuire RESOLU quo Is chef de police Bodechon at Is president de la Commission de police Ray French pr6sentent au conseil lour planification urbaine totals relative aux services de police de quartier. Le conseiller McGuire suggare qua les representants de Is Socittt canadienne d'hypothaques at de logemenl at du groups communautaire ONE Change qui ant organist w6nement a Charrette du vieux quartier nord 1) fassent une pre4sentation devant Is conseil ainsi qua lea personnes ausmentionntes A Tissue du vote, Is proposition est adoptte. 11.5 Cancellation of Digby Ferry Service On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that a special committee be formed headed by Mayor McFarlane to work with Bay Ferries Ltd. to see a resolve resulting in the retention of the Digby Ferry service, Question being taken, the motion was carried. 11.5 Annulation du service du transbordeur assurant In navette entre Digby at Saint John Proposition du conseiller Court Appuyee par Is conseiller Ferguson R&SOLU qu'un comite spacial suit forrnt at prtsicI6 par Is maire McFarlane an vue de travailler de concert avec Bay Ferries Ltd. pour trouver une solution se soldant par Is r6tention du service du transbordeur assurant In navelte entre Digby at Saint John. A I'issue du vote, Is proposition est adoptte. 11.6 Blasting In the Red Head Area On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the Building Inspector report back to Council with a full report on recent blasting in the Red Head area and further, what his position is on establishing regulations for blasting within the City limits. Question being taken, the motion was carried. 11.6 Dynamitage clans Is secteur Red Head Proposition du conseiller Court Appuyee par Is mairesse suppleante Houton RtSOLU qua I'inspecteur des batiments au conseii prasente un rapport oomplet sur le recent dynamitage darts le secteur Red Head at qu'il indique sa position sur l4tablissement de raglements an matiCre de dynamitage clans lee limhes de In ville. A I'issue du vote, In proposition est adoptee. 8595205 Lexi -tech International 13 40A1 2006 -07 -14 15120 92.351 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 200114 JUILLET 21106 12. Business Matters - Municipal Officers 12.0 Report from Committee of the Whole - Duty to Act in the Best Interest of Citizens 122 Financial Reporting and Pension Plan Administration Consideration was given to a letterfrom the City Solicitor which provided Council with a proposed recommendation regarding remarks made by Councillor Ferguson at the Common Council meetings held on May 2V, June 5"' and June 19, 2006. On motion of Deputy Mayor Hooton Seconded by Councillor Tait RESOLVED that Common Council hereby calls upon Councillor John Ferguson to submit to the Common Clerk not later than July 13, 2006, for distribution at the next regularly scheduled meeting, a full arW accurate written description ofthe information upon which he has relied in making the comments identified in the City Solicitor's letter in this regard of June 28, 2006 addressed to Common Council, as well as any other information which he believes reveals or reasonably suggests untoward behaviour which adversely affects the City's financial obligation to the Pension Fund, Councillor Ferguson requested that item 12.2 be broughtforward for consideration at this time. On motion of Councillor Thus Seconded by Deputy Mayor Hooton RESOLVED that agenda item 12.2 - Financial Report and Pension Plan Administration be brought forward for consideration. Question being taken, the motion was carried. Councillor Ferguson questioned K item 12.0 would be made available to the public. On a point of order Councillor Titus expressed the view that only the resolution from the letter would be public. Mr. Nugent advised that what to do with the correspondence rests with Council, that being they can choose to deal with the resolution itself exclusively or deal with the accompanying correspondence. He further explained that the resolution refers to a letter and the letter gives substance to the resolution. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the letter from the City Solicitor regarding Duty to Act in the Best Interest of Citizens become a public document. Question being taken, the motion was carried. Referring to the motion passed in Committee of the Whole, Councillor Ferguson expressed the opinion that Council cannot make a motion in Committee of the Whole to direct another Councillor. Mr. Woods responded that Council, meeting in dosed Committee of the Whole, adopted a resolution based on advice from the City Solicitor. In order to give it force and affect it has now been moved and seconded in open session. Councillor Ferguson referenced his comments in Committee of the Whole at which time he requested leniency with respect to the submission deadline of July 1311 in order to allow him enough time to provide the information. He pointed out that he voted against this motion. Refeming to item 12.2 Councillor Ferguson raised a number of issues with regards to its content. Mr. Beckon was asked by Mayor McFarlane to respond to the Councillor's remarks; to which he stated it is not his intention to get into a debate on the matter advising that his concems are outlined in his letter. Mr. Beckett explained that Council will have the opportunity to have all questions on the Pension Plan resolved at an upcoming meeting with the professionals representing the City's Plan. Discussion continued with Council members stressing that they would like to have any information which Councillor Ferguson may have made available to them. Councillor Court advised that he supports the information coming to Council, but cannot support the timeline and would prefer that Councillor Ferguson be given adequate time to put the information together. 8505205 Lexblech International 13.41 18 2006 -07 -14 16126 92.352 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLET 20116 Councillor Ferguson stated he does have documentation that shows costs would be more to the Pension Plan and advised that the exact numbers and clarity have not been provided to date. He further explained that he has been asking for this information now for over a year and referenced a motion which he submitted approximately a year and a hag ago expressing the view that the motion has been contorted. Deputy Mayor Hooton asked for confirmation of the date that Council will receive the information from Councillor Ferguson. She commented regarding the insinuations made and the impact on staff, Councillors and the public regarding this matter and expressed the view that Council is no further ahead on the pension issue than when they were first elected - "this has been nothing more than smoke and mirrors and Councillor Ferguson's conversation has hi- jacked the will of Council for a long time. On a point of order by Councillor Court, Mayor McFarlane asked the Deputy Mayor to withdraw her remark 'hi- jacked", which she did stating that 'Council has been taken offthe tracks ". Councillor Chang questioned how long it would take for Councillor Ferguson to gather the information, to which Councillor Ferguson responded that Council will receive the information in due course. Councillor Ferguson then questioned the City Solicitor what will happen if he does not submit the information by July 13"'. Councillor Titus raised a point of order that Council may ask the City Solicitor for advice, but not a Councillor. Mr. Nugent advised that the advice the City Solicitor provides is the advice to Council, not advice to individual members of Council and if Council wishes to pass a resolution he will then respond. He stated that the issue is the obligation that every member of Council has to bring forward in a timely fashion any information which they honestly believe is material to the Council's deliberations that bear upon the well being of the municipality; and expressed the opinion that Councillor Ferguson will honour his obligation. Councillor Ferguson questioned the City Solicitor when there are issues concerning the financial statements does the Finance Committee not have to apprise the City's auditors that the City independently engages through the Finance Committee, Mayor McFarlane called for the vote on the motion. Question being taken, the motion was carried with Councillors Ferguson and Court voting "nay ". 12. Affaires municipales evoquies par lee fonctionnalres municipaux 12.0 Rapport presents par Is comite plenier relatif 3 ('obligation d'agir dons Is metlleur inthrit des citoyens 12,2 Presentation de ('information financiere et gestion du regime de retmko Examen d'une lettre de tavocat municipal dens laquelle II propose une recommandation au conseil concemant lea propos tenus par le conseiller Ferguson lors des reunions du conseil communal qui ont eu lieu Is 23 mai et Is$ 5 et 19 juin 2006, Proposition de la matresse Suppleante Hooton Appuyse par le conseiller Tait RtSOLU que, par lea prdsentes, Is conseil communal prie Is conseiller Ferguson de foumir au greffier communal, au plus tard Is 13 juillet 2006, at ce, aux fins de distribution au cours de Is prochaine rsunion psriodique, une description ecrite complete at exacte des informations sur lesquelles tl s'est fonds pour faire leg commentaires releves dans la ledre de ravocat municipal du 26 juin 2006 A cat effet, adressee au conseil communal, ainsi que tout autre renseignement qui, salon lui, revele cu ports A croire raisonnablement que des actes r6pr6hensibles ont une incidence negative sur leg obligations financAres de Is Ville e I'endroit de Is caisse de retraite. Le conseiller Ferguson demands que le point 12.2 sort examine des maintenant. Proposition du conseiller Titus Appuyee par Is mairesse suppleante Hooton RESOLU que Is point 12.2 de tordre du jour, A savoir Is Presentation de ]'information financiere et gestion du regime de retrahe, soit examine des maintenant. A Tissue du vote, la proposition est adoptee. 8595205 Lex1 -tech International 13.41:58 2006 -0714 17126 22-353 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLET 2006 Le conseiller Ferguson se demande si le point 12.0 sera mis A la disposition du public. Soulevant une objection, le conseiller Titus affinne que souls la resolution de Is lettre seraft rendue publique. M. Nugent indique que Is Conseil dacidera ce qu'il fera avec Is lettre; an ('occurrence, it pout choisir de Bonner suite a Is lettre d'accompagnement ou exclusivement A Is resolution elle -meme. De plus, it precise que Is resolution Porte sur une lettre, at que Is lettre donne du poi A Is resolution. Proposition du conseiller Titus Appuybe par Is mairesse supplbante Hooton RtSOLU que la lettre de Pavocat municipal, concemant i'obligation d'agir dons Is meilleur intarat des citoyens, devienne un document public. A tissue du vote, la proposition est adoptea. Se reportant s Is proposition adoptee an oomita plinier, le conseiller Ferguson est d'avis que Is Conseil ne pout presenter de proposition an comitb planer afin d'enjoindre un autre conseiller A poser un geste quelconque, M. Woods rapond que Is Conseil a adopts une resolution fondles sur lea conseils de ravocat municipal lors de Is reunion privee du comitb plenier. La d'rte resolution a maintenant bib proposbe at appuyse lore de Is reunion publique, ce qui oonthbuera A so mise an oeuvre. Le conseiller Ferguson fail r6f6rence A ses commentaires an comitb planier, A savor Is moment on it a demands ('indulgence du Conseil relativemenl A Is date limite de presentation, soft Is 13 juillet, pour lui donner suffisamment de temps pour foumir lea renseignements. II souligne quill a vote contra cattle proposition. Se reportant su point 12.2, Is conseiller Ferguson a souleva un certain hombre de questions concemant son contenu. Le maire McFarlane demands A M. Beckett de raagir aux propos du conseiller, ce A quoi M. Beckett declare qu'il n'a pas rintention de s'engager dons un dabat sur cattle affairs btant donna que see preoccupations sont exposaas dens as lettre. M. Beckett explique que lea professionnels representant Is regime de retraite de Is Ville rbglerord toutes lea questions soulevees per Is Conseil lors d'une reunion A venir. Une discussion s'ensuit au cours de laquelle les membres du Conseil soulignent qu'ils aimeraient Bien titre au courant de tous lea renseignements detenus par Is conseiller Ferguson. Le conseiller Court indique quill appuie lea renseignements foumis au Conseil, mais quill rte peat soutenir Is dslat accords au conseiller Ferguson. II prafbrerait que Pon donne au conseiller Ferguson Is temps voulu pour rassembler toute Is documentation. Le conseiller Ferguson affirms quill detieni an so possession des documents qui d6montrent quill an cotiterait davantage pour le regime de retralte. II indique que lea nombres exacts at les precisions n'ont pas all foumis jusqu'A present. De plus, it explique, qu'on lui demande ces renseignements depuis plus d'un an. II fait rbfarence A une proposition quill a presentee, it y a environ un an at demi, at dons laquelle tl est d'avis que Is proposition a eta afterae. La mairesse supplbarne Hooton demands Is confirmation de Is dale A laqualle Is Conseil obtiendra les renseignements de Is part du conseiller Ferguson. Elie se prononce sur as insinuations formulbes at sur ('incidence sur le personnel, lea conseillers at le public relativement a cote affaire. Elie est d'avis que le Conseil an est toujours au meme point sur la question des retraites que lorsqu'il a ate alu pour Is premiere fois. Elie declare: a cette situation n'a btb ni plus ni moins que de Is poudre aux yeux at Is conversation du conseiller Ferguson a datouma la volonte du Conseil pendant longtemps o. Le conseiller Court soulevant une objection, le maire McFarlane demands A Is mairesse supplbante de retirer le terrne « d@touma w, ce qu'elle fad. Elie dR alors que Is « Conseil a daroillb n, Le conseiller Chang demande combien de temps it faudra au conseiller Ferguson pour recueillir lea renseignements, ce A quoi Is conseiller Ferguson repond que Is Conseil recevra lea renseignements an temps at lieu. Le conseiller Ferguson demands alors A I'avocat municipal ce qui se produira s'il ne fournit pas les renseignements d'ICI le 13 juillet. Le conseiller Titus objecte que Is Conseil Pout demander des conseils A I'avocat municipal, mais pas un conseiller. M- Nugent indique que lea eonseils prodigubs par I'avocat municipal sont des Avis fournis au Conseil at non aux membres individuals du Conseil at que si le Conseil desire adopter une resolution, it repondra alors A Is question. II daciare que le point litigieux oonceme ('obligation qu'ont les membres du Conseil A transmettre an temps opportun tout renseignement qui, selon eux, a un rapport direct avec lea deliberation du Conseil visant Is bien -titre de Is municipalilb, at tl est d'avis que le conseiller Ferguson s'acquittera de son obligation. 8595205 Lezl -tech International 13.42 47 2006 -07 -14 18126 62-354 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 2006ILE 4 JUILLET 2006 Le conseiller Ferguson pose to question suivame a I'avocat municipal : Lorscidil y a des probl8mes concemant lea etats financiers, est-ce qua le comite des Finances nest pas tanu de prevenir les Arificateurs de la Ville qua oelle -ci engage indepandamment sea employes par le truchement du oomite des Finances? Le maire McFarlane procede A la tenue du vote sur la proposition. A Tissue du vote, la proposition est acceptee. Les conseillers Ferguson at Court votent contra Is proposition. 12.1 Long Tenn Financial Outlook On motion of Deputy Mayor Hooton Seconded by Councillor MCGUire RESOLVED that the above report which was tabled at the June 5, 2006 meeting be lifted from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the report providing Council with an overview of the long -term financial outlook for the City, be received for information. Mr. Beckett advised that a tax rate increase of 10.4 cents would be required to meet all of the financial obligations identified in his report. He added that no decision had been made by Council as yet. The Mayor pointed out that this is an estimate and Council has yet to decide on a budget and tax rate. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. 12.1 Perspectives financisres it long terms Proposition de la mairesse supplsante Hooton Appuyee par le conseiller McGuire RtSOLU qua le rapport susmentionn6, repor16 lore de la reunion du 5 juin 2006, sort examine des matatenant. A Tissue du vote, Is proposition est adoptee. Proposition de to mairesse suppleante Hooton Appuyee par le conseiller McGuire RI SOLU qua, comma le recommande le directeur general, Is rapport fournissant au conseil un apersu des perspectives financieres A long tonne de to Ville soit accepts A titre informatif. M. Beckett indique qu'il serait nscessaire d'augmenter Is taux d'impbt municipal de 10,4 cents pour remplir toutes les obligations financisres relevees dans son rapport. II ajoute qu'aucune decision n'a encore ate pines par le conseil. Le mains souligne quill s'agit d'une estimation, at que Is conseil doit encore determiner le budget at Is taux d'imposition municipal. (Le conseiller Titus quitte la reunion.) A Tissue du vote, Is proposition est adoptee. 12.1(a) 2006 Interim Financial Operating Results On motion of Deputy Mayor Hooton Seconded by Councillor Tait RESOLVED that as recommended by the City Manager, the report presenting the preliminary projections of the City's financial operations for the year ended December 31, 2006, based on actual operating results as of April 30, be received for information. 8505205 Lexi -tech International 13.43 16 2006 -0T -14 19126 92 -356 COMMON COUNCILICONSEIL COMMUNAL JULY 4,200611-15 4 JUILLET 2006 The City Manager advised that he is confident that the budget will be on target at year end. Question being taken, the motion was carried. 12.1aj Bllan flnancier du budget d'explottation inifirimaire 2006 Proposition de Is mairesse suppl6arde Hooton Appuy6e par le conseiller Tait RtSOLU quo, comma Is recommande le direcleur general, le rapport 6tablissant lea projections pr6liminaires des operations financi6res de Is Ville pour I'exercice financier se terminant Is 31 d6cembre 2006, fonds sur Is bilan d'exploitabon actual, a compter du 30 avril, soft accepts A titre informatif. Le directeur general indique qu91 est confiant que le budget respecters lea objectifs pr6vue a la cldture de 1'exercice. A ]'issue du vote, la proposition est adoptee. 12.3 Bentley Crossing -Municipal Services Easement On motion of Councillor Court Seconded by Deputy Mayor Houton RESOLVED that as recommended by the City Manager, the City and Bentley Crossing Property Inc. enter into an agreement that would allow for the proposed stacked retaining wall for a compensation amount of $4,000. and the Mayor and Common Clerk be authorized to execute this agreement. Question being taken, the motion was carried. 12.3 Bentley Crossing — Servitude pour services municipaux Proposition du conseiller Court Appuyee par Is mairesse suppl6ante Hooton RESOLU que, comme Is recommande le directeur general, la Ville conclue une entente avec I'entrepnse Bentley Crossing Property Inc. on vue de pennettre la realisation du projet d'un hout mur de soutenement, an 6change dune somme d'indemnisation de rordre de 4 000 $, at que le maire et le gretfier communal scient autoris6s 6 signer ]'entente. A ]'issue du vote, la proposition ast adoptee. 12.4 Residential Infrastructure Assistance #35 and $36 - David Street and Westside Estates On motion of Deputy Mayor Hooton Seconded by Councillor Tait RESOLVED that as recommended by the City Manager, Common Council approve Residential Infrastructure Assistance for., #35 Johanthan Boyle development of 30 one family homes off David Street with an estimated 2006 expenditure of $36,000; and #36 North Star Holdings Ltd. development of Westside Estates with a final phase of 26 lots and an estimated 2006 expenditure of $156,000. Question being taken, the motion was carded. 12.4 Demandes n' 36 at 36 relatives au programme d'atde 61'infrastrueture r6sidendelle — rue David at Wastside Estates Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Tait RtSOLU que, comme Is recommande Is directeur general, le Conseil Communal approuve lea demandes suivantes dons Is cadre du programme d'aide 6 I'infraslructure r6sidendelle : la demands n° 35 de Johanthan Boyle visant I'amenagement de 30 residences uniFamiliales donnant sur la rue David, dont lea co0ts pr6vus se chiffrent 5 36 000 $ pour 2006; Is demande n° 36 de North Star Holdings Ltd. visant ramenagement du lotissement de Westside Estates, dont Is phase finale compte 26 lots, at dont lea coots pr6vus s'66vent 6156 000 $ pour 2006. A ('issue du vote, la proposition est adoptee. 8595205 Lexl -tech International 13'.43.49 2006 -0714 20126 92 -US COMMON COUNCIL/CONSEIL COMMUNAL JULY 4, 200s1LE 4 JUILLET 2006 12.5 Tender - Panasonic Toughbooks and Peripherals -Mobility Computing Project On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tenders, in the amount of $109,255.35, plus tax, for the supply of Panasonic Toughhook computers and peripherals be awarded to the lowest bidder as indicated on the submitted summary of bids. Question being taken, the motion was carried. 12.5 Soumission— Toughbooketp6riphfriques Panasonic— Projat d'tnformadque mobile Proposition de Is mairesse suppl6ante Hooton Appuyee par is conseiller Court RESOLU que, comme Is recommande Is directsur g6n6ral, lea soumisslons au montant de 109 255,35 $, taxes an sus, relatives 3 Is foumiture des pknphAnques at des ordinateurs Toughbook de Panasonic, soieM accordees au scumissionnaire Is moins disant, comme rindique le sommaire des soumisslons prdsentdes- A rissue du vote, la proposition est adoptae. 12.6 Tenders -Forest Hills and Hurley Arena Paving On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tenders for the Forest Hills and Hurley Arena Paving both be awarded to Debly Enterprises Ltd. at a total cost of $181,995. plus tax. Question being taken, the motion was carried. 126 Scumissions relatives A I'asphaltage de Forest Hills et de 1'arEna Hurley Proposition de Is mairesse suppl6ante Hooton Appuy6e par le conseiller Court R�SOLU que, comme Ie recommends, Is directeur g6nerel, les soumisslons de Debly Enterprises Ltd -, au coOt total de 181 995 $ (taxes an sus), relatives 2 I'asphaltage de Forest Hills et de I'arena Hurley, soient toutes deux accepties. A tissue du vote, Is proposition eat adoptee. 12.7 Tender- Fencing -Works East Depot On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender in the amount of $39,200., plus tax, for fencing the perimeter of the East Works Depot be awarded to Fundy Fencing Ltd. Question being taken, the motion was carried- 12.7 Soumiasbon relative aux travaux de cldture du d6p6t daps is quartier est Proposition de la mairesse suppl&ante Hooton Appuyee par le conseiller Court R�SOLU que, comme le recommends le, directeur g6n6ml, Is soumission de Fundy Fencing Ltd., au montant de 39 200 $, taxes an sus, relative au clbturage du perimetre du d6pbt dare le quartier est, soft accept". A rissue du vote, la proposition est adoptee. H95205 Le tech International 13.44.16 2006 07 14 21126 92.357 COMMON COUNCILMONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLET 2006 12.8 Red Head Secondary Access Road - Inspection Services On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council authorize staff to conduct negotiations with Terrain Group Inc. to carry out monitoring and supervision of the Developer's performance of the DB Work. Question being taken, the motion was carried. 12.8 Vole d'accbs secondaire Red Head — Services d'inspection Proposition de Is mairesse suppleante Hooton Appuy6e par le conseiller McGuire RtSOLU que, comma le recommande le directsur g6ndral, nonobstant Is politique d'approvisionnement de Is Ville relativement au recours ii des services professionnels, Is conseil Communal autonse le personnel 0 entreprendre des n6gociations avec Terrain Group Inc. afin que cette entreprise effeetue la surveillance at Is supervision du rendement des travaux de conception -construction du promoteur. A I'issue du vote, Is proposition est adoptde. 12.9 Contract 2006 -18 -Expanded Asphalt Stabilization - 2006 On motion of Councillor Court Seconded by Deputy Mayor Houton RESOLVED that as recommended by the City Manager, Contract 2006 -10: Expanded Asphalt Stabilization - 2006, be awarded to the low tenderer, Industrial Cold Milling, at its tendered price of $567,056. 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. 12.9 Contrat a° 2006 -1a relatif 11112 etablllsatilon de I'asphalte expand pour 2x06 Proposition du conseiller Court Appuy&e par Is mairesse suppl6ante Hooton ReSOLU que, comme le recommande le directeur g6n6ral, le contrat n'2006-1 a, relatif A Is stabilisation de rasphalte expand pour 2006, soft sceordS au soumissionnaire Is mcins disant, Industrial Cold Milling, out prix offert de 587 056 $, 6tabli ;i partir de quantit6s estimatives et, que le maire at le greffer communal soient autods& a signer Is documentation comractuelle requise. A Tissue du vote, Is proposition est adopt6e. 12.10 Contract 2006 -27 -Bellevue Street -Water and Sewer Renewal Sand Cove Road On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Contract 2006 -27: Bellevue Street -Water and Sewer Renewal and Sand Cove Road — New Storm Sewer be awarded to the low tenderer, Fairville Construction Ltd, at its tendered price of $358,246. 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. M5205 L. -tech htu -b-1 13.44.45 2006 07 14 22126 92-358 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 2006iLE 4 JUiLLET 2006 12.10 Contrat n° 2006 -27 relatif au renouvellement du r4seau d'aqueduc at d1gouts de la rue Bellevue at 3 ('installation d'egouts pluviaux Sur Is chemin Sand Cove Proposition de Is mairesse suppleante Hooton Appuy&e par Is conseiller Court RESOLU que, comma le recommends Is directeur g6n6ral, Is oontrat n° 20061 -27, relatif au renouvellement du r§seau d'aqueduc et d'6gouts de Is rue Bellevue at A I'installation d'egouts p €uviaux Sur le chemin Sand Cove, soft accords au soumissionnaire Is moins disant, Fairville Construction Ltd., au prix offert de 368 246 $, etabit A partir de quantites estimatives et, de plus, qua le maire et Is greffier communal soient autorises A signer toule documentation contractuage require. A Tissue du vote, Is proposition est adoptee. 12.11 Contract 2006 -25 -East Saint John Manhole Rehabilitation On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Contract 2006-25: East Saint John Manhole Rehabilitation be awarded to the low tenderer, Maritime Infrastructure Technologies Ina. at its tendered price of $75,510. 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. 12.11 Contrat n° 2006 -25 relatlf A Is remise on &tat du trou d'homme de Is rue Saint John Est Proposition du conseiller Court Appuyee par Is mairesse suppleante Hooton RESOLU qua, comme Is recommends is directeur general, Is control n° 2006 -25, relatif A Is remise an slat du trou d homme de la rue Saint John Est, soit accord& au soumissionnaire le mains disant, Maritime Infrastructure Technologies Inc., au prix offert de 75 510 $, &tabli 8 partir de quantil&s estimatives et, de plus, que le moire at le greffier communal soient autoris &s A signer Is documentation contractuetle require. A Tissue du vote, Is proposition est adoptee. 12.12 Study Cedar Point Sanitary System and Lift Station On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the proposal of ADI Limited for engineering services for the Study of Cedar Point Sanitary System & Litt Station be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 12.12 Etude du Systilnle d'egouts sanitaires et de Is station de relbvement de Cedar Point Proposition de Is mairesse supplbante Hooton Appuy6e par Is conseiller Court RI=SOLU quo, comme Is recommends Is directeur general, Is proposition de ADI Limited visant les services d'ingenieris relatifs A I'Mude du systeme d %gouts sanitaires at de Is station de relevement de Cedar Point soft acceptee, at qua Is moire et Is greffier communal soient autoris&s A signer la documentation e4g6e A cell egard. A Tissue du vote, la proposition est adopt6e, 8595205 Lexi -tech International 13 45.16 2006 -07 -14 23 Q6 82359 COMMON COUNCIUCONSEIL COMMUNAL JULY 4, 2006fLE 4 JUILLET 2006 12.13 Quebec - Fiscal Partnership with Municipalities On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that the Common Clerk prepare the appropriate resolution which reflects the content of the report regarding Fiscal and Financial Partnership with Municipalities for submission to the Cities of New Brunswick Association this fall; a copy be forwarded to the Department of Local Government; and the Finance Committee, and whoever they deem appropriate, begin discussions with the Department of Local Government on this matter. Councillor McGuire proposed an amendment to the motion, which was seconded by Deputy Mayor Hooton and agreed to by the mover and seconder. Question being taken, on the motion as amended was carried. 12.13 Quebec — Partenartat fiscal avec lea municipalt6s Proposition du conseiller Taft Appuyee par Is mairesse supplAante Hooton RtSOLU que le greffrer communal redige une resolution appropri6e, refletant Is contenu du rapport concemant Is parteneriat fiscal et financier conclu avec les municipalit6s, pour qu'elle son presentee A I'Association des ctAs du Nouveau - Brunswick cot automne; qu'une copie soft envoyee au ministere des Gouvememems locaux et que Is comite des Finances, et ceux quit jugs appropriA, antament des discussions avec Is ministere des Gouvernements Iocaux A ce sujet. Le conseiller McGuire propose une modification A la proposition qui est appuyee par Is mairesse suppleants; Is proposeur et Is second consentent A Is modification proposee. A ['issue du vote, Is proposition tells que modes est adoptee. 12.14 Acquisition of Two Provincial Properties Adjacent to East Side of Cha implain Drive On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, The City of Saint John acquire the fee simple interest in two parcels of land from the Province of New Brunswick Supply and Services for $12,000. plus H.S.T. (if applicable), identified as PID Numbers 313716 and 55033500, having a total area of approximately 19.35 acres, as illustrated on the submitted map, on or before October 6, 2006; and that the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. Question being taken, the motion was carried. 12.14 Acquisition do deux proprietes provinciales adjacentes au o6t6 eat de In promenade Champlain Proposition de Is mairesse suppleante Hooton Appuyee par le consailler McGuire RESOLU que, comme Is recommande Is directeur general, The City of Saint John acquiere, au plus lard le 0 octobre 2006, I'interet en fief simple de deux parcelles de terrain d'une superficie, approximative de 19,35 acres, appartenard au ministere des Approvisionnerne is et Services de la province du Nouveau - Brunswick at portent ]as NID 313718 at 55033500, pour Is sornme de 12 000 $ (TVH an sus, le eas echeant), comme I'illustre Is carte presentee; et que le maire at Is greffier communal soient autorisAs A signer Is documentation requrse afin de conclure ladits transaction. A Tissue du vote, Is proposition est adoptee. 8505205 Lexi -tech International 13.45 49 2006 -07 -14 24125 82380 COMMON COUNCILlCONSEIL COMMUNAL JULY 4, 2006rLE 4 JUILLET 2006 1215 Pedestrian Crossing - Somerset Street at SL Pius Church on motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Council receive and file the submitted report and support the recommended actions outlined to install pedestrian activated traffic signals at Pugsley Avenue, remove the RA 5 mid block crosswalk lights, consider and install such further traffic calming measures as may be suitable for this location. Question being taken, the motion was carried. 12.15 Passage pour pistons, rue Somerseta 1'6911se SL Pius Proposition de Is mairesse suppleante Hooton Appuy6e par Is conseiller Court RILSOLU que, comma Is recommande Is directeur general, is oonseil accepte et classe le rapport pr6sente, soutienne lea actions recommandees soulignees dans Is rapport en vue d'installer des faux de signaiisation activ4s a ('intention des pistons sur ('avenue Pugsley, retire let faux de sgnalisation pour passage pour pistons amenagss erdre deux carrefours (RA 5), considere et inetalle d'autres mesures semblables visant it ralentir Is circulation cut pourraient titre pertinentes pour cat emplacement. A Tissue dU vote, la proposition est adoptte. 12.16 Provision of Compensatory Storage -A C Fairweather & Sons - 895 Ashburn Lake Road On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, A C Fairweather & Sons be advised that Common Council will sell compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 563 cubic metres, at their development on Ashburn Lake Road; and this report be received for informatlon, Question being taken, the motion was carried. (Councillor Ferguson withdrew from the meeting.) 12.16 Offre d'erttreposage compensatoire —AC Fairweather & Sons, 885, chemin Ashburn Proposition de Is mairesse suppleants Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur g6n6ral,1'entrepbse A C Fairweather & Sons soil avisee que le Conseil communal vendra des espaces d'erdreposage compensatoire, au prix de 10,75 $ Is metre cube, pour chaque metre cube d'entreposage dsplac6 en raison d'inondation i la suite des travaux d'amenagement, jusqu'a concurrence de 563 metres cubes, sur les lieux de I'amenagement du chemin Ashburn Lake, et que ce rapport soil acceptb a titre informatif. A ('issue du vote, la proposition est adoptee. (Le conseiller Ferguson quitte la reunion) 13. Committee Reports 13.1 Subdivision Assent -Comer of Millidge Avenue and Somerset Street On motion of Deputy Mayor Hooton Seconded by Councillor Tail RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted City of Saint John Subdivision, situate at the comer of Millidge Avenue and Somerset Street (PID 47381 8585205 Lexi -tech International 13.40 10 2006 -07 14 25126 92361 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 2t106dLE 4 JUILLET 2006 and 55064750), with respect to the vesting of a parcel of land having approximately 200 square metres (2,150 square feet) of area as a public street, and assent to the vesting of any necessary public utility easements and municipal services easements. Question being taken, the motion was carried. 13. Rapports dbpoaes par lee comitbs 13.1 Consentement de lotissement A I'itrtersection de ('avenue Millidge at de to rue Somerset Proposition de Is mairesse suppl6ante Hooton Appuy6a par Is conseiller Tad RI`SOLU que, comma is recommande Is comit6 consultatif d'urbanisme, Is Conseil Communal donne son assentiment d Is pr8sentation du plan de lotissement de The City of Saint John, situe'a ('intersection de 1'evenue Millidge et de Is rte Somerset (NID 47361 et 55084750), conosmant Is devolution d'une parcelle de terrain d'une superftcie approximative de 200 metres cares (2 150 pleas carrAs) du secteur an Cant que rue publique, ainsi qu'a Is transmission de toute servitude de services municipaux et de toute servitude d'utilite publique obligatoires. A ('issue du vote, Is proposition est adoptee. 13.2 2005 Annual Report Saint John Pension Plan On motion of Mayor McFarlane Seconded by Councillor McGuire RESOLVED that the 2005 Annual Report of The City of Saint John Pension Plan, be received for information. (Councillor Ferguson re-antered the meeting.) A discussion followed with Councillor Ferguson questioning why the Pension Plan's Financial Statements are not submitted with the City's Financial Statements to which Mr. Beckett responded they are a separate entity from the City's Statemerdt, Councillor Ferguson commented further that the Finance Committee receives a note to the Pension Board's Financial Statements, but they do not receive the actual Financial Statements. Question being taken, the motion was carried with Councillor Ferguson voting "nay". 13.2 Rapport annual 2005 relatif au regime de retraite de The City of Saint John Proposition du maire McFarlane Appuyee par le conseilier McGuire RtSOLU que le rapport annual 2005 relatif au r6gime de retraite de The City of Saint John soil accept6 a titre intormatif. (Le consetller Ferguson se joint de nouveau a Is reunion.) Une periods de discussion s'ensuit au tours de laquelle le conseiller Ferguson as demands pourquo! les Mats financiers du regime de retraite ne sont pas pr6sent6s aver lea Ibtats financiers de Is Ville, ce s quo! M. Beckett r@pond que [as etats financiers du regime de retraite constituent une entice distincte de ceux de la ville. Le conseiller Ferguson mentionne plus loin que Is comite des Finances regoit une note relative aux €tats financiers du regime de retraite, mais qu'il ne re,oit pas lee etats financiers proprement dits. A ('issue du vote, la proposition est adoptee. Le conseiller Ferguson vote contre Is proposition. 13.3 Grants for Heritage Conservation Program On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the request from the Heritage Development Board for an additional $50,000, funding for the Grants for Heritage 8595205 Lexi -tech International 13:46.51 2006 -07 -14 26126 92-362 COMMON COUNCILICONSEIL COMMUNAL JULY 4, 20061LE 4 JUILLU 2006 Conservation Program for 2006, so that heritage conservation development can continue to revive the historic central peninsula or Saint John be approved. Councillor Court advised he could not support the proposed motion because this money was not included in the 2006 budget. Councillor Ferguson requested a report detailing where this money is invested. Question being taken, the motion was carried with Councillor Court voting "nay". 13.3 Subventions pour Is Programme de conservation du patrimoine Proposition de Is mairesse suppidante Hooton Appuy6e par Is conseiller McGuire RILSOLU que to demande du Conseil d'am6nagement du patrimoine, visant 6 obtenir une subvention suppl6mentaire de rordre de 50 000 $ dans Is cadre des subventions destin6es au Programme de conservation du patrimoine 2006, de sorts que le d6veloppement de Is conservation du patrimoine pulses se poursuivre afin de faire revivre to peninsule centrale historique de Saint John, sod approuv6e. Le conseiller Court d6clare qu'il ne pout appuyer Is proposition pr6sent6e 6tant donn6 que cette Somme n *tait pas incluse clans Is budget 2006. Le conseiller Ferguson demands un rapport indiquant ou cet argent est investi. A l'issue du vote, la proposition esi adoptFe. Le conseiller Court vote contre Is proposition. 16. Adjournment On the notion or Councillor Chang Seconded by Councillor McGuire RESOLVED that the meeting be adjourned at 10:30 p.m. Question being taken, the motion was carried with Councillors Court and Ferguson voting "nay". 16. C16turs de Is riunion Proposition du conseiller Chang Appuy6e par Is conseiller McGuire RO-SOLU que le r6union soft lev6e 6 22 h 30. A ('issue du vote, Is proposition eat acceptee. Les conesillen; Court et Ferguson votent contre Is proposition. Mayorlmaire Common Clerklgretfier communal Human Development Council Co- ordinates and promotes social development in Greater Saint John July 13, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Councillors: Re: Official City Status for the Saint John Youth Cabinet I am writing to make a formal request that the Saint John Youth Cabinet (SJYC) be established by a resolution of Common Council. I recently met with the Deputy City Manager Patrick Woods as well as the Executive Assistant to the Mayor's Office, Jay Reid, to express my interest in, and seek advice on, the process. The intent of a youth cabinet is to be the official voice for local youth at City Hall by acting as a liaison between young people and City Council, to ensure the City's work reflects the needs of local youth. A multitude of municipalities across Canada have recognized the importance of engaging youth through the creation of these bodies. (A model of note is the Toronto Youth Cabinet, which was established in 1998 by then Councillor Olivia Chow, and now has over 200 members.) Canadian youth cabinets have engaged in a number of beneficial initiatives including: a youth endorsed city space program, holding mock civic elections in high schools, community consultation meetings, an assessment of the needs of local youth, youth investment awards, and a youth can vote program. Areas of interest include youth crime, the brain drain, youth homelessness and safety, access to public spaces, youth and police, and parks and recreation programs. When adopted as an official committee of Council, the SJYC could work to make the City more youth - friendly in two ways: 1) advise the Mayor and Council on issues that affect youth, and 2) empower young people to better the youth community and promote youth civic engagement. The SJYC —a volunteer group open to youth aged 13 to 25 —has a core of seven highly dedicated members who have been meeting every two weeks since the Cabinet's inception. These members represent several schools and bring an impressive variety of experiences to the table. The Cabinet arose as a recommendation of the Inclusive Cities Canada project --a joint venture of community leaders and elected municipal politicians to enhance social inclusion across Canada —which was fortunate to have Councilor White as a member of the Saint John Civic Panel. Third Fl, City Market, 47 Charlotte Street, PO Box 6125, Stn A, Saint John, NB E2L 4R6 Tel: (506) 634 -1673 Fax (506) 636 -8543 INFO -line (506) 633.4636 hdc@nbnet.nb.ca www .humandevelopmentcouncil.nb.ca - A UNITED WAY AGENCY - Since its inception last fall, the SJYC has been supported by the Human Development Council (HDC). The group has grown since its first recruitment effort last November (attended by Mayor Norm McFarlane, Councillor Bill Farren, and Mayor Ron Maloney). It has engaged in several home -grown initiatives including a campaign that encouraged youth to vote in the January federal election and "Chalk the Walk," in celebration of International Youth Week, The SJYC has also been involved in many external initiatives, including: the Canadian Cancer Society's Tobacco -Free Schools Rally, the New Brunswick Multicultural Youth Conference, the New Brunswick Advisory Council on Youth's Rock the Boat tour and Big Splash conference, PASAGE's Marijuana Awareness Project, and TakinglTGlobal's Cross- Canada Mapping of Youth -led Initiatives project, as well as numerous other local youth happenings. Representatives from the Cabinet have been fortunate to have had the opportunity to meet with Mayor Norm McFarlane, Minister Trevor Holder, and the regional mayors to explore the Cabinet's potential to complement the True Growth strategy. The Cabinet was also acknowledged in the 2006 State of the City Address, where Mayor McFarlane noted the importance of engaging local youth in the SJYC to ensure the community develops policies and infrastructure to retain young people in Saint John. The Cabinet has also been involved at the national level. At the beginning of June, delegates from the SJYC attended the 2006 Promoting Action Nationally - Creating Advocates Now (PAN CAN) Youth Conference in Toronto, which marked the first time youth cabinets throughout Canada converged in one city to network, build capacity, share experiences and best practices, and learn from various models of governance. The hope is to continue this pan - Canadian dialogue over time and eventually form a national youth body similar to the Federation of Canadian Municipalities. In addition to its support from the HDC, the Cabinet received seed funding from the Greater Saint John Community Foundation, the United Way, and the New Brunswick Department of Training and Employment Development. The SJYC has also been fortunate to have Scott Crawford —Youth Development Manager for St. Joseph's Community Health Centre ---as an advisor. The HDC is prepared to continue to support and house the SJYC over the coming years as it has with many other local organizations. To ensure a workable model, the Cabinet will require a liaison person in City Hall and Council's willingness to dialogue with the SJYC as an official committee of the City's, Representatives from the Cabinet have been pleased with the support offered thus far and look forward to working with Council and City staff on this request to provide a space for youth at the decision - making table. Respectfully Submitted, ;at A er Saint John Youth Cabinet Coordinator 4r_� SAINT JOHN July 6, 2006 LORNE F. LAWLESS TRANSIT CENTRE 951 FAIRVILLE BLVD. l951 BOLL. FAIRVILLE SAINT JOHN, N.B. CANADA! SAINT JOHN, (N. -B.} CANADA E2M 5T9 Mayor Norm MacFarlane And members of Common Council City of Saint John PO Box 1971 Saint John, NB Your Worship and Councillors: TRANSIT INFORMATION (506) 658 -4700 www.cityotsainijohn.com GENERAL OFFICES (506) 658.4710 FAX (506) 658 -4744 I have been asked by the Commission. to advise you that as of the May 31, 2006, financial statement, Saint John Transit is currently operating on budget. At the present time, Saint John Transit cannot identify any areas that would cause us concern over the next months. Yours truly, Mic/Hunter Vic t ANGLO SOCEM OFN' B Gkx4wW1w. P.O, Box 2 RPa Brook" Fraedcricton, NB MA 5V7 Mayor and Council City of Saint John Saint John N.B. July 06, 2006 Your Worship and Council: The Anglo Society of New Brunswick is an incorporated non -profit organization charged with the protection and promotion of the English language and culture in the province of New Brunswick, with much of our effort spent on educating the English speaking citizens about the current language legislation as it pertains to education, commerce, individual rights and the general socio-economic condition of the province. The Anglo Society has taken part in public meetings, town halls, discussion groups and special events throughout the province. We have addressed issues with the provincial and federal government, municipal governments, hospital corporations, school boards, private business and provincial agencies. In a few short years we have grown from a local organization in Gloucester County to a provincial organization, being the only voice for the concerns and issues affecting the English population. In the past your city has rightly honored many cultural groups and service clubs by flying their flag or banner on their designated day of celebration. It is our sincere wish that your city will also honor the English speaking citizens of N.B. by flying the Anglo flag on Anglo Day September 18th, 2006. It is our practice to supply the municipality with a flag several days before that date. Thank you for your consideration, we await your reply. Matthew Glenn Provincial president, Anglo society of N.B, www.asnb.ca NEW BRUNSWICK HISTORICAL SOCIETY P.O. Sax 6446, STATION "A" SAINT JOHN, NB, E2L 4R8 Common Council City of Saint John Your Worship and Councillors, PHONE #- (506) 642 -0096 FAX #- (506) 634 -7423 July 7th, 2006 The New Brunswick Historical Society learned with concern about a request that the City commence renaming streets. A street receives a name for a reason normally to publicly recognize a person who has significantly served the City or to commemorate an event or recognize a community business. While naming a street to pay tribute to a person or event may be appropriate, renaming a street results in denigration of the person who was initially honored by in effect cancelling the honor. From an historic concept it is a means of obliterating a part of the community's history. It can also lead to unrealistic multiple name changes where succeeding council would decide to honor a more recent individual and the initial honorary is vacated, surely an inappropriate concept. It is recommended a policy be established of retaining the initial name of a street and only names of new roads or streets be used to recognize those who now warrant recognition. Yours truly, NB Historical Society Milk for mom 9 Inc. Dear Mayor and Council. June 12.006 We are writing to you requesting an appointment to appear before the council to give awards` off appreciation to 14 individuals, businesses and members of council that have shown unity and loyalty to our organization over the past 6 years. This appointment would be greatly appreciated as would any time you could spare us. Sincerely Penny Alberts Founder/President Milk for Mom's Inc. 7 Rotary Court, Saint John, New Brunswick, Canada F2K 4V 1 (506) 657-7683 MW Partnerships Saint John 24 Coburg Street Saint John, NB, E2L 3J5 506.645 5047 Fax 506.693 8217 partnerships .saintjohn@nb.aibn.com July 10, 2006 City of Saint John 15 Market Square Saint John, NB, E21, 41, 1 Attention: Mayor & Common Council RE: Request to Present to Council Dear Mayor & Common Council, Partnership Saint John has worked with a number of investors to bring new economic and community benefits to our city. Presently we are working with a group that has already invested in the conceptual development of a new entertainment/housing development that would be situated on lands including and surrounding the former Lantic Sugar site. We are very excited about the possibilities surrounding this development and we look forward to working with all partners to bring this project to Saint John Partnerships Saint John asks for the permission to present our conceptual plan to council in the hopes that we may begin negotiations with the City of Saint John, in conjunction with the True Growth Strategies, towards a new and vibrant community Thank you for your time and I look forward to your response. Partnerships Saint John Eric L. Teed, Q.C., C.D., Q.C. 127 Prince William Street, Saint John, New Brunswick, E2L 2B4 Tel: (506) 634 -7324 Fax: (506) 634 -7423 July 11, 2006 Common Council City of Saint John Your Worship and Councillors, Visiting season is upon us and the city is faced with the problem of the proliferation of cigarette butts on the streets. Where many buildings now are closed to smoking, an increasing number of people are congregating outside on the streets and there being no place to dispose of the cigarette butts such end up blowing around on the sidewalks and street. A few owners of buildings have placed cigarette disposal tins or butt -stops on their premises to be used. Congratulations to them. Others have taken no action. One may ask what they are waiting for. A property owner recently expressed to me concern in that street cleaners avoided cleaning cigarette debris on the sidewalk when cleaning the sidewalk in front of the establishment. Possibly this was an isolated exception. With all the money being spent to encourage tourists it is hoped something positive would be done dealing with cigarette debris. One person indicated the City Bylaws prohibited cigarette butt collectors to be placed on the outside of buildings. If the city needs to change the bylaws to enable property owners to place cigarette butt receptacles on their premises facing a street, should this not be done? Taking no action is an indication that City Council does not care about this form of debris. This is brought to your attention with the hope that any action necessary to encourage property owners to assist would be reviewed in council and possibly adopted. Your§Ara y eed otuo,Nj T FN PAR�TNEERSH 4 I 40 King St., Saint John, NB Canada E21L IG3 - Tel: (506) 674 -4278 or 1 (800) 561 -2877 Fax: (506) 658 -2872 :'. info @sjwaterfront.com www.sjwatL-rfront.com July 13, 2006 Mayor Norm McFarlane & Members of Saint John Common Council City of Saint John 8th Floor, City Hall P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Mayor McFarlane & Members of Common Council: On behalf of the Saint John Waterfront Partnership and Saint John Port Authority, we request the opportunity to make a formal presentation to Saint John Common Council at the nearest and earliest convenience. This closed session presentation will provide Council with an update with respect to the Water Street Precinct and the Cruise Terminal. We are requesting that this session be closed to the public as land matters will be discussed. A subsequent "Public Open House" will be held to provide the general public and waterfront stakeholders with a further opportunity to provide public feedback on the proposed Water Street Precinct and the Cruise Terminal. We look forward to the presentation and Council's input with respect to this important waterfront development initiative. Respectfully submitted, p ill MacMackin resident, Saint John Waterfront Development Partnership J' Peter Zed Chairman Saint John Port Authority WENTERPRISE t RT 0 AINTJOHN +w5�� JOHN Saintl1ohn Board oloTrade C�.\ Active Transportation @ Saint John The Saint John Trail "An Oppor4unity at Our Door" A non - profit, unincorporated group which advocates the development of urban cycling routes and multi -use pathways and linking them to recreational trails to provide citizens with a healthy alternative to personal automobile use @ Saint John Goals • Promote sustainable / livable community with a positive environment lifestyle • Promote the image of the city as a good place to live, work or start a business • Promote fitness / healthy lifestyle • Encourage infrastructure improvements for active transportation 1 @ Saint John What • Development of on- street bike lanes and off street multi -use trails • Identification neighbourhood routes and linkages • Raising awareness during planning and development of infrastructure • Encourage road sharing initiatives City -Wide On- Street Bike Routes @ Saint John How • Promote partnerships with developers to allow for creation of opportunities during construction • Encourage the Application of Tax uplift to create and maintain trail infrastructure 4 Quality of Life, quote from ESJ website v am coa*W lha s ivar thaloorwnw&*Sai �htis orta xdat i�s�en ro BChfaY9 uha! � $fEa a3th4'fi'!g f *9&1!abk< SWUM* and pall �!� a�tr,'rs minty puNr, f�uav &inE kin 4 y vnr r Lifestyle choices Promote Active Living as an acceptable and convenient option, thereby increasing physical activity in a Province where 22.5% of citizens are obese Opportunity Promote health and environmental benefits Make Saint John a desirable place to bike and walk for residents to geeing healthier and more fit in the process. Saint John has an opportunity to "take a step" in that direction ki Proposed Sentier NB Trai l System as approved by Saint John City Council Integration with transit The use of Bike rack equipped transit can make this trail system available to those residents who don't live adjacent to it • Most Cities are now recognizing trails as being important to the quality of life • Quality of Life is recognized as essential to the growth and success of a community So far Saint John has created an impressive Harbour Passage to augment the trails in Rockwood and other parks L5„ W. . — ' �x n 4 gg ^'W •��r�i i�i �t ...:. � 9 .ems s ' r N Integration with transit The use of Bike rack equipped transit can make this trail system available to those residents who don't live adjacent to it • Most Cities are now recognizing trails as being important to the quality of life • Quality of Life is recognized as essential to the growth and success of a community So far Saint John has created an impressive Harbour Passage to augment the trails in Rockwood and other parks L5„ W. . — ' �x n 4 El. ■ a Situation • There is opposition to the route through Rockwood Park. • National Energy Board application argues against a marine route. • Some want the City get some compensation for "allowing" the route through the park • Trail or improved trail has already been one of the items proposed. I S s a f El. ■ a Situation • There is opposition to the route through Rockwood Park. • National Energy Board application argues against a marine route. • Some want the City get some compensation for "allowing" the route through the park • Trail or improved trail has already been one of the items proposed. I S Points to consider • There are already trails in the Park • The application states that the routes north and south around the park are considered feasible • Such a route, particularly to the north, would take advantage of natural view points and make the trail accessible to more of the community (while avoiding a trail under a power line.) 12 • The alternate route for the pipeline north of the park encircling Ashburn Lake and the University offers a unique opportunity to create an "Around Saint John Trai I ". • The "Around Saint John Trail' should be built to Sentier NB Trail standards suitable for walking, jogging and mountain biking in spring, summer, fall and cross- country skiing and snowshoeing in the winter. • The Recreation Committee recommended such trails as an important major component for our community. • The popularity of Harbour Passage & Irving Nature Park demonstrate that citizens are enthusiastic about trails. 17 Quote • "Although this is not their preferred route, think it will go a long way to keeping this and future developments from further encroaching on the park. It will also add to a much needed trail system for the city. It may be the "win -win" that the parties are looking for that will keep the pipeline out of the park and keep it off the ocean floor that is deemed, by the builders, to be too expensive and more dangerous." Jm 1, G Issues • City has been wary of trail projects because of both construction and maintenance costs • Make construction and maintenance part of this arrangement • In addition the Pipeline will also pay taxes ($1.3mil ?) and major building permit fees ($3 - 4 mil ?) • This means the City can ensure this is done correctly and create an asset for the future In their own words • Pipeline company included photos in their slide presentation of open space use over pipelines ti ;:•, .� a � -;,�,: �::::,A..� ,,.M:, NCH EW m 7 Sentier NB Trail to Mispec • The pipeline route outside Rockwood Park also links Mispec to the Park, which happens to be similar to the overall Sender NB Trail route previously endorsed by the City. • This is an opportunity to have that section of the Sentier NB Trail constructed as well. • From there the future Sentier NB Trail was to link Mispec along the coast to the Fundy Parkway to the east. W, Proposed Sentier NB Trail System as approved by Saint John City council • Users could walk or bike all of the proposed trail system, even go down to Mispec; or they can do a small section close to home. • The trail links existing & future residential areas. • This linear recreational corridor will add a significant dimension to Saint John's quality of life for residents. • The community can promote it and put Saint John on the map as a trails destination in the region, bringing more visitors and their spin off business. 24 Nature & Construction of the Trail • Suggest Sentier NB Trail standard for multi -use • Paving as much of the trail as possible will make it accessible and reduce annual maintenance n X 0 0 H 0 V 40 OVOA- cd tr �Vy . r..a Q) .liz� �ee N hn r� r� 40 • 2 V!5, it rc� o a 0 0 v 1 1 Ln 16 5 F� V 0 a 0 a) V:5, CSI 0 a� a as a � M Q� cd • A s 0 ti G R 0 Vola� a� 0 0 0 0 O O O . 16 cad a� 0 0 a� bA c� O W � yY 6 t �! ti ii II i y • � 1, . � � r All :l ti al .; all 0 ti 3 0 x Ci Q V O a • O cd f P4 a) V�5, Cld 5 0bA � O W U W 0 w y a 8w. 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Ca 0 U Ems? a� 4 C!] Cjj r V N c� k4l I It'll fW s I, IWN yti ilk I k V64 lop. 13 ! �2-0D(� tf AA- CL- to .. C-j C-0�. OAK c.a -aL zlo ,A.4 C �rti._Q.1 s, /� hn , � f L L49 CD ie CJ ti— CL Llk ICJ v_' " 0 " ��Q ' a ` 1 y.j.,{'f :ice/ '�✓ 4 } 0 f CA ItJJ REPORT TO COMMON COUNCIL July 7, 2006 The City of Saint John His Worship Mayor McFarlane and Councillors, Your Worship and Councillors: SUBJECT: RISK ANALYSIS OF PROPOSED L.N.G. GAS LINE BACKGROUND: An application has been filed with the National Energy Board to construct a Natural Gas Liquefied Pipeline through the City of Saint John as a means to transfer liquefied natural gas from the L.N.G Terminal located at Mispec to the United States. The preferred routing of the pipe line has been a very controversial topic and a number of concerns have been expressed by many citizens of Saint John. ANALYSIS: While many concerns have been expressed by the Citizens and some members of Council, paramount amongst those concerns is the issue of public safety. In an effort to address these concerns this report proposes that a risk analysis be undertaken by the Saint John Fire Department under the direction of Fire Chief, Rob Simonds. The Risk Analysis should include however not be limited to the following criteria. .01 The complete assessment of characteristics of the product, including flammability, the flash point and explosive ranges as well as any other associated hazard to life safety as well as damage to property. .02 The probability of a Natural Gas Line incident occurring with the proposed pipe line and the route that it will follow if the applicant is successful with the preferred route as submitted. .03 A thorough assessment of all potential hazards to life safety as well as property damage that may happen along the proposed pipeline or otherwise. .04 The full examination of all safety regulations required by the Company in accordance with the appropriate regulatory body. .05 An evaluation of the tactics and strategies that the Saint John Fire Department and or other agencies would use to mitigate a Natural Liquefied Gas incident. This should include mass injuries and evacuation if it is determined that such potential measures may be deemed necessary. Report to Common Council Subject: Risk Analysis of Proposed LNG Gas Line Page 2 .06 The depth of the Saint John Fire Department's response capability to provide a multi- tiered response to a L.N.G incident along the proposed Pipeline necessary to mitigate any potential life safety and property damage. .07 The assessment should include and identify any limitation that the Saint John Fire Department may identify that would prevent a reasonable successful outcome should a L.N.G incident occur. CONCLUSION: I believe that it is incumbent upon this Council to ensure that every reasonable effort is made to ensure public safety, within standing the financial capabilities of the Municipality. It is the responsibility of the City Manager and his Professional staff, in this case the Fire Chief, to ensure that Council is well informed. It is incumbent upon this Mayor and Council to ensure that policies are in place that will take every reasonable measure to protect the lives and properties of the Citizens of Saint John. While there has been much focus on the intrusion of Rockwood Park, there has been little focus placed on Public Safety by this Council or the staff. I do not believe that we have placed enough emphasis on informing ourselves and in fact have done little in the way of informing the public of issues related to safety. Information is powerful and the Pipeline Companies have not made every effort to communicate effectively to this Community. In fact this Council has only had one very brief meeting with the original company, Maritime North East. RESOLUTION: That the Fire Chief be commissioned with the responsibility of conducting a risk analysis on the proposed L.N.G pipeline, including but not limited to the criteria identified in the body of this report AND That the Fire Chief be granted permission to seek any external professional advice necessary to complete the in -depth risk analysis. AND That this risk analysis is completed forthwith in an effort to ensure that this community is well informed prior to the National Energy Hearings. AND That the Fire Chief provide a full report of the findings to the Mayor and Council. Respectfully Submitted, C� - COUNCILLOR GLEN TAIT July 13, 2006 To: Your Worship Mayor Norm McFarlane and Members of Common Council Subject: In response to Council's request I am presenting material on the City of Saint John's Pension Plan deficit. The request of council, please note, was initiated by John Nugent (City Solicitor and Pension Board member) who is not a voting member of the council. I must also note that his proposition to council was akin to a political initiative in response to hearsay or misinterpretations, some of it in the form of opinion commentary, offered by others on discussions in council. Who authorized Nugent to write that letter and present it to Council in Closed Session? Nugent's letter was not a legal interpretation of anything directly spoken or suggested by me. Aside from the propriety of his motion for a vote of council, he offered no quotes from me, no witnesses to my statements, or documentation of his concerns, nor did he offer any shred of evidence that my questions to staff were groundless or malicious. I am nonetheless providing this information, starting with a quote from the Municipalities Act describing the duties of a councillor. I wish to show that there is nothing in the Act giving a staff person a right to make a political motion requesting a vote of council to rebuke an elected councillor in the conduct of Council business. Section 36 (2.1) A councillor of a municipality shall a) Consider the welfare and interest of the entire municipality when making decisions, b) Bring to the attention of Council matters that may promote the welfare or interests of the municipality, c) Participate in developing and evaluating the policies and programs of the municipality, d) Participate in meetings of council, council committees and any other body to which he or she is appointed by council, and e) Perform any other duties conferred upon him or her by this or any other Act or by Council. 2 Background The information that I have been ordered to provide to Council is already in your possession. This documentation has been given to you by Staff through various communication channels. This information, however, has been buried in erroneous and incomplete response packages. It is selective information, organized and presented to council by staff as though it was a seamlessly persuasive document. This presentation will show vital omissions resulting in flawed reporting on the pension plan deficit. The 2002 decision to retire employees early was not based in sound information on the loss it would add to the pension deficit. This presentation will also show glaring irregularities in the staff recommendations for the early Retirements and Buy -outs. The rationale for many of the Early Retirement/voluntary separation program Buy -outs was based on reducing the number of permanent employees as a workforce economy and efficiency measure. But in too many cases there were no long term deletions or abolishment of the positions. Instead the position was simply renamed or refilled without significant savings by the buy -outs specific to the bought out position, i.e., Fire Chief I will be following the agenda attached in my formal presentation. I suggest that my fellow councillors carefully review the information that staff has provided to them over the past two years on the City Pension Plan issue. Again, the documentation you have asked me to provide is in your possession.. At the July 4, 2006, Council meeting, council asked me to show my documentation revealing problems in the staff reporting on the pension problem. Since you have this documentation I will here point out my concerns for your consideration and action. 3 Agenda Presentation • Council's Obligations • What is alleged? • What are the financial impacts on the pension plan? • What's the impact on the taxpayer? • What is the cost to the organization? • Different stories and piecing together information • Financial Statement Irregularities o Conclusions • Recommendations To assist with the order from Common Council I would ask the appropriate audio visual equipment be provided for a power point presentation and a back up overhead projector. 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U C CO o� (1) o Muss 4 c o� So 00 43> RS � c� o V, �— — %� 0 00 w o o ce . cU p © c°a cc co 0 co o �6 �0 p �o OC: X-- w � �} 0 o CO .N 0 C: En � w L7 • cn � .a o� . .a 0 c 3: '� a ca o �_�•� o'er 0 • �- CO o :3 co 0. CO o cU 0 cot 0 ° o $- h tA Is" �•� n (A th con to C� th tA Ir t4-k tA t "r, p d O O U p r-4 td A', v' bb v o ts r CIA tri 0 . r--� P..4 4-A a�.-► 42 0 co.. G 0 C: CO CO CL WORM � �„ w- 4 c WOPO co O "' 0 0 CO co co 0 CL a co C: 0) 0.0-0 CO _ 0 C: 1p co CO 4� Q) a co co '.a s. 0 WOO 03 0 T c July 7, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councillors, Re: Funding for Public Transit The city of saint John P.O. Box /C.P, 1971 Saint John, NB/N. -B, Canada E2L4L1 www.saintjohn.ca Please find attached a resolution for Council's consideration, in support of establishing long -term sustainable federal funding for public transit given the many public benefits that it produces. I am requesting Council's support for this resolution. Respectfully submitted, Glen Tait Councillor Explore our past/ Explorez notre pa556 Discover your future D6couvrez votre avenir Grand Bay - Westfield • Quisparnsis • Rothesay • St. Martins • Saint John FEDERAL INVESTMENT IN PUBLIC TRANSIT RESOLUTION WHEREAS public transit provides essential and universal mobility to residents within Canada's urban areas; AND WHEREAS public transit increases roadway capacity by offering people a transportation choice other than the automobile; AND WHEREAS public transit reduces greenhouse gas emissions and air pollution; AND WHEREAS transit infrastructure investment needs for Canadian transit systems in the period 2006 -2010 stand at $20.7- billion, with over $S- billion of this amount not fundable under current programs; AND WHEREAS municipalities have inadequate revenue tools to finance the full cost of transit infrastructure; THEREFORE IT IS RESOLVED THAT COMMON COUNCIL CALLS ON THE FEDERAL GOVERNMENT TO: • MAKE PERMANENT THE FEDERAL INVESTMENT IN PUBLIC TRANSIT PROVIDED UNDER THE PUBLIC TRANSIT CAPITAL TRUST ANNOUNCED IN BUDGET 2006; ENSURE THAT THIS INVESTMENT IS DISTRIBUTED EQUITABLY TO ALL TRANSIT SYSTEMS ACROSS CANADA; • ENSURE THAT THIS INVESTMENT IS OVER AND ABOVE ANY EXISTING FEDERAL OR PROVINCIAL FUNDING ALREADY IN PLACE. July 13, 2006 Mayor Norm McFarlane and Members of Common Council City of Saint John Dear Mayor McFarlane and Fellow Councillors As a City we have been extremely successful in building a strong relationship between the department of Family and Community Services, non - profit housing authorities, Canada Mortgage and Housing and private developers in our quest for affordable housing. As a key component of a sustainable city, I believe the vision and actions of this housing partnership represents "best practice" in our province. To continue to enhance this emerging partnership, I am requesting the Mayor, on behalf of the City of Saint John, to formally invite the Honourable Madeline Dube, Minister of Family and Community Services to our city to view our housing success stories and dialogue with key participants regarding our vision for the future. A vision that includes developing home ownership projects, closer partnership with private developers, investigating alternative sustainable funding strategies and building energy healthy housing. MOTION: That Mayor McFarlane formally invite the Honourable Madeline Dube, Minister of Family and Community Services to Saint John. Respectfully submitted, Peter McGuire COUNCILLOR REPORT TO COMMON COUNCIL M&C2006- The City of saint John July 14, 2006 Common Council of The City of Saint John Your Worship and Councillors: Re: Horizon Management Limited (Eastpoint Inc) — Development Agreement PURPOSE The purpose of this report is to seek the authorization of Common Council to amend its previous resolution regarding the method of disbursing contributions towards the construction of Retail Drive to Horizon Management Limited. Should Council agree, the City Solicitor would be in a position to finalize the Development Agreement to which the Mayor and Common Clerk would be signatories on behalf of the City of Saint John. BACKGROUND On April 10, 2006 Common Council approved the preparation of this Agreement, based on a report from the City Manager, dated April 7, 2006. Subsequently, City staff were approached by Horizon to determine if there was an interest by the City in making certain changes with respect to the timing of payments to Horizon, so as to allow Horizon to aggressively pursue the construction of the entire road (Retail Drive) from Westmorland Road to Rothesay Avenue in 2006; as opposed to the originally intended target date of 2008. In essence, Horizon indicated a willingness to invest $3.9 Million in 2006, if the City would consider investing $3,500,000 (of which $650,000 is repayable by Horizon) in 2006, in a fashion similar to how the city handles other major road construction projects, i.e. monthly progress payments based on work completed to date less a 15% holdback, with such work to be verified by a firm of professional engineers. ... / 2 Report to Common Council Subject: Horizon Management Limited — Development Agreement Page 2 At its meeting of July 4t ` Council sitting as Committee of the Whole, adopted the following resolution: "That Common Council reconfirm that it is Council's objective to have as much work done on Retail Drive as possible in 2006; and direct the City Manager, with the assistance of appropriate engineering and legal staff, to come up with a new arrangement with respect to the timing of progress payments with the understanding that the City's total contributions will not exceed the amount previously agreed upon. " THE DEVELOPMENT AGREEMENT Consistent with the presentations made to Common Council, and with the previous staff reports, the Development Agreement provides for the following: • The lands are to be developed only for the purpose of a shopping centre having a maximum of 600,000 sq. ft. • The Chief City Engineer must approve detailed site grading and drainage plans • The Development Officer must approve a detailed site plan and detailed building elevation plans • All plans must identify locations of buildings, parking areas, driveways, loading area, signs, exterior lighting, etc. • The Building Inspector shall not process a building permit application unless previous approvals of the Chief City Engineer and Development Officer have been received • All landscaping must be completed within 365 days of building permits (phased) • Certain standards are identified with respect to precast concrete, asphalt, services, etc. • The Developer must provide and install at its cost all utility infrastructure • The Developer must at its sole cost widen Westmorland Road to four lanes, including curbs, storm sewers, relocation of utilities, traffic lights ... /3 Report to Common Council Subject: Horizon Management Limited — Development Agreement Page 3 • Install traffic lights at the intersection of Westmorland Road and Retail Drive • Widen the existing Marlborough Avenue to four lanes • Make provision for a school bus stop on Marlborough Avenue • Ensure the vehicle access to Oakland Street, Rockwood Avenue and Highland Street is prohibited • Take steps with respect to excavation with specific reference to a) Pre -Blast Surveys b) Blast Designs c) Community Relations and Site Control The Developer shall pay all costs of construction, subject to the contribution of the City. Such contribution to be a maximum of $3,500,000 and shall be disbursed by way of monthly progress payments, less applicable holdbacks, based on certification by a professional engineering firm that the work has been completed, and the Developer has billed Horizon. The Developer is required to repay the City $650,000 of the $3,500,000 based on a ratio of $2.03 per square foot as build out occurs. INPUT FROM OTHERS This Agreement has been prepared by the City Solicitor with input from staff in Municipal Operations, Planning and the City Manager. During staffs discussion, the question was asked "if for any reason, Horizon Management Limited were to decide to stop construction of Retail Drive, would the City of Saint John have withheld sufficient funds from Horizon to ensure the City could step in and complete the project ?" The answer is "no" since Horizon is investing $3.9 Million and the City has no claim against their funds. However, the City is not exposed to any risk until August 31, when it is required to make its first advance. With such a very tight construction schedule the City will know within three or four weeks, if there are going to be any concerns. ... /4 Report to Common Council Subject: Horizon Management Limited — Development Agreement THE REQUESTED AMENDMENT Council's initial resolution stipulated the following: Page 4 a) The City of Saint John makes a contribution of $2,850,000 toward the combined piping materials and road construction costs. This contribution would be toward the total road costs on both Westmorland Road and Retail Drive. b) Of the total contribution of $2,850,000, 35% of this amount or $997,000 is to be advanced in 2006, so as to ensure that the upgrades to Westmorland Road are completed in 2006 as well as the first phase of Retail Drive. c) The $997,000 will be disbursed in one payment, when in the opinion of the City's Chief Engineer, the upgrades to Westmorland Road and the first phase of Retail Drive have been completed to his satisfaction in accordance with pre - approved plans. d) The remaining amount of $1,853,000 will be disbursed in one payment when, in the opinion of the City's Chief Engineer, Retail Drive is 100% complete in accordance with the pre- approved plan. e) In addition to the $2,850,000, the City will advance a "repayable contribution" of $650,000 only when the Developer is ready to begin Phase II of Retail Drive. Of this $650,000, $350,000 will be earmarked specifically for the construction of the road base for Retail Drive. This work is scheduled for the winter of 2006/2007 so as to demonstrate to the public and to possible tenants that a commitment has been made to complete Retail Drive. It also would serve as a hedge against rising road construction costs. f) The City's temporary investment of $650,000 will be refunded by Horizon Management Limited to the City, based on a rate of $2.03 per square foot, based on the planned "build out" of the additional 320,000 square feet of retail space (proposed 500,000 sq. ft. minus 180,000 square feet in Phase I). The Developer has further agreed that once the total "build out" has reached 400,000 sq. ft., the balance of the City's temporary investment will be refunded in total. It is proposed that (a), (b), (c), (d), (e) and (f) be rescinded and replaced with: The City of Saint John shall make a total contribution of $3,500,000.00. This contribution shall be advanced to Horizon Management Limited based on the value of the work completed as generally laid out on the attached Schedule. For greater clarity, Report to Common Council Subject: Horizon Management Limited — Development Agreement Page 5 Horizon Management Limited shall invoice the City within 15 days of each month end beginning July 31 st; ii. The City shall advance its contribution (47.1 % of the value of the work completed less a 15% holdback) within 15 days receipt of the invoice provided: a) Horizon's invoice is accompanied by a certification that the work as described has been completed by a certain date; b) such certification has been prepared by a qualified engineer; c) certification that Horizon has made payment to its contractor for the frill amount (less applicable holdbacks) of the work completed to the invoice date; d) the City reserves the right to withhold any additional monies from the final payment, to cover any costs for work not completed by October 31 "; And finally, $650,000 of the $3,500,000 will be refunded by Horizon Management Limited to The City of Saint John, based on a rate of $2.03 per square foot, based on the planned build out of the additional 320,000 square feet of retail apace. The Developer has further agreed that once the total "build out" has reached 400,000 square feet, the balance of the $650,000 will be refunded in total. CONCLUSION This Agreement is entirely consistent with the undertakings previously given by Horizon Management Limited to Common Council. In addition, the method of disbursing the City's contribution shall be based on actual work completed, and having been verified as so; and billed to Horizon Management Limited. Such a process is not too dissimilar from that used for other construction projects. ... /6 Report to Common Council Subject: Horizon Management Limited — Development Agreement RECOMMENDATION Page 6 That Common Council amend its resolution of April 10, 2006 as requested in this report. Terrence L. Totten City Manager to 0 0 c Y Tl- q q cam► O UJ ri uj zzm�° c z � z cO—�0 ?0 Its ��z c @] �¢ cn =Zt- 4� K?LW WZu)ZQ zcnw7 LU t-r�— = d�u- c9cn�N�2 Uz, z4 6, (n v- -z �tnvs� z0 [3Ct =UZZw %0��v��wam LU 00�w�r�cn 16-6 1 00 > 1 � 1 � i 1 � 1 + 1 , 1 t + 4 � I � 4 � 1 + 0 Lo NYC + a, N q uq7 Q $ cce) W. C7 qq r 1 Ci N , � L [ `1 � N p O r-- LfS) cce) r f) can Crs [�1 M� r %N , t? ' (V go- l r � N q to r gacQp�� 1 1 1 oa Y CO q p N ra; 'o pp '4 a M q , 1 C1 co YcD�gtSJ O (C, CD 1 ' q Lv a U 1 + eq qO I 1 + q Q W CL tt7 1 1 rj 00 q 0 O p C C 8, pC r a o q ,n $ C -1 0gC,t W p QoQ q o Y ? p�p�aoq q �N�� r� d. r 4 ni q q cam► O UJ ri uj zzm�° c z � z cO—�0 ?0 Its ��z c @] �¢ cn =Zt- 4� K?LW WZu)ZQ zcnw7 LU t-r�— = d�u- c9cn�N�2 Uz, z4 6, (n v- -z �tnvs� z0 [3Ct =UZZw %0��v��wam LU 00�w�r�cn 16-6 1 00 > REPORT TO COMMON COUNCIL July 14, 2006 The City of Saint John M &C #2006 -201 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: PENSION PLAN FUNDING REQUIREMENTS PURPOSE: The purpose of this report is to recommend to Common Council that it take very specific steps to address the funding requirements of the City of Saint John Pension Fund. THE FUND REQUIREMENTS: AS THEY EXIST TODAY Notwithstanding the fact that the Pension Fund has experienced tremendous investment returns in 2004 and 2005, recent information supplied by the Fund's Actuary has indicated that there has been no significant improvement in reducing the Going Concern Deficit or the Solvency Deficiency. In fact, the situation has worsened to some extent, as a result of the Board agreeing with the Actuary's recommendation, that certain assumptions necessary to complete a most recent valuation (December 31, 2005) should differ from those utilized to prepare the Actuarial Valuation as of December 31, 2003. Council will recall that it is the December 31, 2003 Valuation that was required to be submitted to the Superintendent of Pensions and has formed the basis of our discussion for the last two years. The results of the December 31, 2003 Actuarial Valuation are the basis on which special payments to the Plan must be made. A planned Valuation as of December 31, 2006, must be submitted to the Superintendent of Pensions in 2007 and based on those results; new "special payments" will be calculated. The December 31 st, 2003 Actuarial Valuation reported a Going Concern Deficit of $43,547,200 and a Solvency Deficiency of $88,852,300. At the time the following table was prepared to identify the additional funds required by the Plan so to meet the Legislative requirements. July 10, 2006 Report to Common Council Subject: Pension Plan Funding Requirements Payroll Estimate Liability Pa ment Going Concern Solvency 2004 43,113,000 3,707,718 6,596,289 2005 45,053,085 3,874,565 6,893,122 2006 47,080,474 4,048,921 7,203,312 2007 49,199,095 4,231,122 7,527,462 2008 51,413,054 4,421,523 7,866,197 2009 53,726,642 4,620,491 8,220,176 2010 56,144,341 4,828,413 8,590,084 2011 58,670,836 5,045,692 8,976,638 2012 61, 311, 024 5,272,748 9,380, 587 2013 64,070,020 5,510,022 9,802,713 2014 66,953,171 5,757,973 10,243,835 2015 69,966,063 6,017,081 10,704,808 2016 73,114,536 6,287,850 11,186 524 2017 76,404,690 6,570,803 11,689,918 2018 79,842,901 6,866,490 12,215,964 Page 2 To date, the Fund has received the following by way of additional funds provided by the sponsor; 2004 $4,182,554 2005 $4,061,546 July 10, 2006 Report to Common Council Subject: Pension Plan Funding Requirements THE SOLVENCY DEFICIENCY: Page 3 At this point, the City is still required to take steps to fund the Solvency Deficiency. Staff would acknowledge that recent regulation changes have provided the Board of Trustees the opportunity to seek exemption from the rules related to funding the Solvency Deficiency. The Board has received preliminary input from their Actuary on this issue. Under the current circumstances, a decision to pursue a Solvency Deficiency exemption would appear to make sense. However, with every such decision, there is always a downside. It is this downside which the Board of Trustees is considering in light of their responsibilities to administer the Plan in accordance with the legislation that exists today and in keeping with their fiduciary responsibilities to Plan members. Having said this, Council should be aware that the Board of Trustees has taken steps to prepare the necessary correspondence that must be forwarded to all members of the Plan (Employees and Retirees) seeking their consent to apply for exemption from the rules related to the Solvency Deficiency. A pre - condition of becoming exempt from these rules is that 51% of all those who respond to the required communication must provide their consent. Given the other possibilities pertaining to increased contributions and/or reductions in benefits, Council must appreciate that there can be no guarantee that the 51 % consent can be achieved. For obvious reasons, employees and retirees will want to see what other changes are being proposed before providing their consent. The outcome of the Solvency Deficency Decision does not, and should not, prevent Council from moving forward on this issue FUTURE DIRECTION: The legal requirements are that the City of Saint John, as Plan Sponsor, shall provide the additional funds, or special payments as required. However, there does exist an opportunity to seek legislative changes to the City of Saint John Pension Act to mitigate the effect of this requirement in the future on taxpayers of this community. Changes can be sought that would, in essence, result in the sponsor and employees sharing in this responsibility. However, everyone needs to understand that this will require increased contributions from the City and from employees and reductions in benefits on a go forward basis. With this in mind, the City Manager received the attached letter from the Plan's Actuary. The letter simply lists possible changes with respect to reducing benefits that ought to be considered. It does not attempt to come up with a "matrix of possible alternatives" that would have a number of players sharing in this funding burden. This possibility will be discussed further on in this report. July 10, 1006 Report to Common Council Subject: Pension Plan Funding Requirements Page d When looking at changing plan benefits there are three potential funding impacts to be considered: reduction of the Going Concern Deficit, reduction of the Solvency Deficiency and reduction of the Current Service Cost (CSC). A reduction in any one of these amounts will result in a decrease in the amount of monies that must be raised through increased contributions. The options, in summary form and identifying order of magnitude of reductions to the Going Concern Deficit and Solvency Deficiency are as follows; BENEFIT REDUCTION GOING CONCERN SOLVENCY REDUCTION IN CURRENT SERVICE COSTS 1. Eliminate the Early $44 Million $44 Million 3.5% Retirement Provision (Rule of 85) 2. Eliminate Indexing on TBD NIA 3.1% Pensions Earned for future service. 3. Change from "Joint and $15 Million S15 Million 1.7% Survivorship Pension to a "Single Life with five year guarantee" 4. Change from `Best Three $15 Million $15 Million 2.3% Years Average" to a "Best Ten Years Average" 5. Change from Best three $44 Million TBD 5.2% Years Average to Career Average 6. Remove Disability $7 Million NIL 0.8% Provisions 7. Freeze the Current Cap or $8 to 9 Million NIL 1.0% Maximum Pension 8. Integrate the Plan with TBD TBD TBD Canada pension July 10, 2006 Report to Common Council Subject: Pension Plan Funding Requirements Page S Each of these changes will have a major impact on labour relations in this organization, as well as a major impact on employee mobility. It is not staff's intention to advise Council at this time or in this report of the consequences of any one suggestion from the Actuary. This report simply deals with steps needed to be pursued related to the funding requirements of the Plan. SEEKING MORE SPECIFIC ADVICE: Staff would recommend to Council that it should seek further input from the Plan's Actuary. This professional and independent advice provided directly to Common Council would be aimed, as previously indicated, at finding a solution to the issue that would require all of the various stakeholders participating in the solution. Such an approach would seek advice from the Actuary as to the effect on the Future Funding Requirements of the Plan. Such advice would be based on the following; A. Recognition that both Employees and the Employer are going to have to increase contributions to the plan for the purpose of eliminating the solvency deficiency and / or Going Concern Deficit. Given this, it would seem reasonable that the City start with the question: What is the effect on the funding requirements if each of the employer and employees contributions are increased by (a) 4 %, (b) 5% and (c) 6 %? B. Recognition that current retirees, who have benefited from Plan enhancements, when surpluses were available, must also share in contributing to the solution. Based on this, staff would suggest that the Actuary be directed by Common Council to seek a ruling from the Superintendent of Pensions with respect to eliminating indexing to benefits being paid to pensioners on a "go forward basis ". C. Recognition that current contributors to the Plan, i.e., employees will not be entitled to the same level of benefits in the future as they have been promised in the past. In this regard, the Plan's Actuary should be requested to prepare a series of calculations, in addition to expanding on those previously identified in their July 10, 2006 Report to Common Council Subject: Pension Plan Funding Requirements Page 6 attached letter, indicating the reduction in the Solvency Deficiency and/or the Going Concern Deficit as a result of, i. A possible decision to increase the so called early retirement option from the "Magic Number" of 85 to 87 or 90. ii. A possible decision to reduce the Indexing Provisions on future earnings from 2% to 1 %, effective January 1, 2007 and elimination of all indexing provisions on future earnings accrued after January 1, 2010. iii. A possible decision to change the Plan design from a `Best Three Year Average" to a "Best Five Year Average" or a `Best Seven Year Average." iv. A possible decision to reduce the pension accrual from 2% of earnings a year to perhaps 1.75% per year or 1.5% per year based on the highest three years earnings (b) the highest five years earnings and (c) highest seven years earnings. V. A possible decision to change from a joint and survivorship pension for members with a spouse to; • single life with a five year guarantee • single life with a ten year guarantee • Single life with a fifteen year guarantee. vi. A possible decision to freeze the existing cap effective January 1, 2007. As Council can hopefully see, the intent is to prepare a matrix of possible options from which Council could choose a preferred approach. Council's decision would undoubtedly be made only after Council received professional advice from the Actuary, professional advice from City staff, the views of the Board of Trustees, representatives of Bargaining Units as well as from the Retirees' Association. Finally, and equally important, Council will want to listen to the public on this issue. OTHER PROPOSED CHANGES: By now, it should be clear that Article 7(1) of the City of Saint John Pension Plan, is too onerous on the taxpayers of this community. That Article requires the City to; i. amortize any unfunded liability or experience deficiency in equal annual installments over a period of not more than fifteen years commencing on the July 10, 2006 Report to Common Council Subject: Pension Plan Funding Requirements Page 7 later of January 1, 1992 and the date of the actuarial valuation which establishes the unfunded liability or experience deficiency, and; ii. amortize any solvency deficiency in equal monthly installments over a period of not more than five years commencing on the later of January 1, 1992 and the date of the actuarial valuation which established the solvency deficiency. If the City were to do nothing else related to this entire issue, the City should take immediate steps to change this and other articles of the Plan. The objective of the proposed changes would be as follows; A) Should a Going Concern Deficit or Solvency Deficiency exist at any given time in the Plan, any legislated special payments required over a period of time, shall be shared equally between the members of the Plan and the Plan Sponsor. B) A requirement that the Plan must always retain an estimated surplus equal to 10% of the Value of Assets after taking into consideration contingency reserve on the Valuation of Assets as recommended by the Actuary before any benefit improvements can be made. C) Should a surplus exist in the Plan, the benefits accruing from the surplus shall accrue in equal portions to the Sponsor and to the Members of the Plan. RECOMMENDATIONS: 1. That Common Council seek the professional expertise of Momeau Sobeco in preparing a "matrix of options" illustrating the effect on both the Going Concern Deficit and Solvency Deficiency should, after due consideration, Common Council choose to require increased contributions and/or implement planned reductions to any of the benefits currently defined in the City of Saint John Pension Act, 2. That the City Solicitor be directed to draft the required legislative changes that are necessary to have the City and Members of the Plan share equally in any special funding requirements, to share equally in any surpluses and to impose a minimum level of Plan Surplus that must be achieved and maintained before any Plan improvements can be made. 3. That this report be forwarded to the Board of Trustees and the various Civic Unions, the Management Group and the Retirees Association for comment. July 10, 2006 Report to Common Council Subject: Pension Plan Funding Requirements Terrence L. Totten, FCA CITY MANAGER Attachments Page 8 REPORT TO COMMON COUNCIL 48. July 17, 2006 City of saint John His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: RE: Discussion re. Role of Council At the last meeting of Committee of the Whole held on July 10, 2006, Council received an update on the Vision 2105 Program and the governance project. One of the items raised at this meeting was the need for Council to have a more in- depth discussion regarding their role both with the community and with the organization. This discussion will be essential in the evolution and direction of the governance project. As was noted Mr. Stuart Baker has been doing some cultural assessment work for the City over the past few months which has involved an extensive number of interviews with staff members and meetings with senior staff. As a result of this work and his involvement with the development of the True Growth concept Mr. Baker is well suited to facilitate this type discussion. To get the process started it is proposed that a meeting of Committee of the Whole be scheduled for Monday, July 24 at 5pm in the 8u' Floor Boardroom. The initial discussion with Mr. Baker should take approximately 3 hours. Respectfully submitted, — 4/'� fA *' - �" � AnOv PLC&y�Manager Beckett C.A. D Prorities Terry L. Totten FCA City Manager M & C 2006 - 203 July 13, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: 2006 General Fund Capital Program Adjustments PURPOSE The purpose of this report is to obtain Council's approval for proposed adjustments to the 2006 General Fund Capital Program. BACKGROUND Common Council approved the 2006 General Fund Capital Program on January 16, 2006 (M &C 2006 -16). ANALYSIS It is proposed to increase the budget for one approved project and decrease the budget for another approved project. The overall General Fund Capital Program envelope will be maintained at the original levels approved by Council. A project summary for each proposed revision to the 2006 General Fund Capital Program is attached to this report as Appendix "A ". The following table summarizes the proposed adjustments. M & C 2006 — 203 July 13, 2006 Page 2 GENERAL FUND CAPITAL PROGRAM Item Program Change Approved Amount Proposed Amount A Old Black River Road — Decrease Budget $ 1,705,000 $ 1,535,000 Street Reconstruction Grannan Street — Street Increase Budget B $ 200,000 $ 370,000 Reconstruction TOTALS: $ 1,905,000 $ 1,905,000 RECOMMENDATION It is recommended that Common Council approve the revisions to the 2006 General Fund Capital Program, as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager Appendix "A" M &C 2006 - 203 July 13, 2006 Page 3 REVISIONS TO 2006 GENERAL FUND CAPITAL PROGRAM PROJECT SUMMARIES The following revisions are proposed for the 2006 General Fund Capital Program: ♦ Old Black River Road — Sanitary Sewer and Street Reconstruction Tenders closed on April 18, 2006 for the Old Black River Road project and it was reported that costs for the street reconstruction portion would be well within budget. It is proposed to reallocate some budget capacity to the Grannan Street project. ♦ Grannan Street — Street Reconstruction Tenders closed on June 28, 2006 for the Grannan Street project and the analysis indicates that there was a shortfall in the project budget. The original approved project budget was prepared with a limited amount of information. The Engineer's estimate for the project was prepared based on a detailed quantity take off from the design drawings and the tendered price for the project is reasonable when compared to the Engineer's estimate. Based on this information, it is proposed to increase the budget for the Grannan Street project to allow this project to proceed to construction. M & C 2006 - 195 July 11, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2006 -10: Grannan Street (Germain Street to Prince William Street) Street Reconstruction BACKGROUND The 2006 General Fund Transportation Capital Program includes funding for street reconstruction on Grannan Street. The work consists generally of the supply of all necessary labour, materials and equipment for the installation of approximately 20 m of 250 mm D storm sewer pipe, PVC DR 35, or approved equal along with all necessary appurtenances, installation of underground concrete electrical duct system, road excavation and backfll, installation of 321 m2 of concrete road slab (pavement), 395 m2 of tight packed mortarless concrete pavers and other related work. TENDER RESULTS Tenders closed on June 28, 2006, with the following results: 1. Maguire Excavating Ltd. $377,670.00 Saint John, NB The Engineer's estimate for the work was $323,004.80. M & C 2006 — 195 July 11, 2006 Page 2 ANALYSIS The tender was reviewed by staff and was found to be formal in all aspects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work, and recommends acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2006 General Fund Transportation Capital Program. Assuming award of the Contract to the tenderer, an analysis has been completed which includes work that will be performed by utilities and others. The projected completion cost of the project included in the Contract is estimated to be $379,691.62, including the City's eligible HST rebate. A budget adjustment recommended to Council under M &C 2006 -203, dated July 13th, 2006, addresses funding for this project. RECOMMENDATION It is recommended that Contract 2006 -10: Grannan Street (Germain Street to Prince William Street) - Street Reconstruction be awarded to Maguire Excavating Ltd., at their tendered price of $377,670.00 as calculated based on estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering M & C 2006 - 204 July 13, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2006 -19: Loch Lomond Road /Ocean Westway — Asphalt Concrete Resurfacing Municipal Designated Highways Grant Program BACKGROUND The 2006 General Fund Capital Program included a provision for the asphalt concrete resurfacing of Loch Lomond Road and Ocean Westway. These projects are to be funded by the Province under the 2006 Municipal Designated Highways Grant Program. The work consists generally of the supply of all necessary labour, materials and equipment for the cold milling of approximately 73,511 m2 of asphalt concrete and the placement of approximately 9,412 tonnes of Type "D" asphalt concrete. Also included is the renewal of approximately 100 lineal metres of concrete curb & sidewalk, elevation adjustment and rebuilding of existing catch basins & manholes and other related work. TENDER RESULTS Tenders closed on June 28, 2006, with the following results: Classic Construction Ltd. $ 1,421,015.00 Saint John, NB 2. Debly Enterprises Ltd. $ 1,432,863.88 Saint John, NB Lafarge Canada Inc. $ 1,480,205.70 Saint John, NB The Engineer's estimate for the work was $1,393,253.55. M & C 2006 -204 July 13, 2006 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. Staff have contacted the provincial Department of Transportation and provided them with a copy of the tender closing results and the low tender and they have given their approval to proceed. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the General Fund Transportation Capital Program, financed through a combination of Provincial and City Funds, budgeted as follows: • Province $1,735,000 • City of Saint John $ 55,000 $1,790,000 Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by the City and others. The analysis concludes that the anticipated completion cost of the work specified, incorporating in the eligible H.S.T. rebate, is estimated to be $1,287,779.49. • Province $ 1,280,819.72 • City of Saint John $ 6,959.77 $1,287,779.49 The portion of the Municipal Designated Highways Grant Program funding, identified by the Minister of Transportation, not utilized in conjunction with this Contract will be utilized to fund other work on Loch Lomond Road to be tendered later this summer. M & C 2006 -204 July 13, 2006 Page 3 RECOMMENDATION It is recommended that Contract No.2006 -19: Loch Lomond Road /Ocean Westway - Asphalt Concrete Resurfacing, Municipal Designated Highways Grant Program, be awarded to the low tenderer, Classic Construction Ltd., at their tendered price of $1,421,015.00, as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, FCA City Manager M & C 2006 -197 July 13, 2006 His Worship Mayor Norm M °Farlane & Members of Common Council Your Worship and Members of Council, SUBJECT: DESIGN AND PROJECT MANAGEMENT: SAINT JOHN EAST SANITARY SEWER INFLOW / INFILTRATION REDUCTION PROGRAM PHASE IV AND MANHOLE REHABILITATION DESIGN AND INSPECTION SERVICES. BACKGROUND The approved 2006 Water and Sewerage Fund Capital Program — Infrastructure Renewal Sanitary category includes funding necessary to engage engineering services to complete the following: • Saint John East Sanitary Sewer Inflow / Infiltration Reduction Program Phase IV • Manhole Rehabilitation Design and Inspection Services. The purpose of the Saint John East Sanitary Sewer Inflow / Infiltration Reduction Program Phase IV is to investigate and identify all sources of Inflow and Infiltration into the following six sanitary sewer sheds: Dutchman's Creek, Bayside Drive, River Avenue, Frederick Street, Seaton Street and Westmorland Road. Based on prioritized recommendations provided by the Consultant, The City of Saint John will plan improvements to the sanitary system. The Manhole Rehabilitation Design and Inspection Services, involves the preparation of tender documents and follow -up inspection services for a sanitary sewer manhole rehabilitation contract scheduled for the fall of 2006. These projects are part of a larger, multi -year program to control flows to wastewater treatment facilities and reduce potential for environmental contamination. M & C 2006 -197 July 13, 2006 Page 2 PURPOSE OF THE REPORT The purpose of this report is to make recommendations for consulting engineering services for these projects. ANALYSIS On May 2, 2006 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Hydro -Com Technologies. In response to this request Hydro -Com Technologies submitted a proposal on May 12, 2006. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the project: Saint John East Sanitary Sewer Inflow / Infiltration Study and Manhole Rehabilitation Design and Inspection Services. A Review Committee of staff completed an analysis of the submission: Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Kendall Mason, P. Eng. Municipal Engineer, Municipal Engineering Paul Pattman Municipal Engineering Technologist, Municipal Engineering Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Hydro - Com Technologies proposal. The upset price contained in the proposal was also evaluated and the committee agreed that the consultant's requested fee was appropriate for submission to Council for approval. The submission from Hydro -Com Technologies 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. M & C 2006 -197 July 13, 2006 Page 3 FINANCIAL IMPLICATIONS An amount of $95,000 was provided in the 2006 Water and Sewerage Utility Fund Capital Program for design and project management. The proposed cost of the work from Hydro -Com Technologies to provide design and project management services is approximately $89,827.91 including the City's eligible HST rebate — a positive difference of $5,172.09 in the Water and Sewerage Utility Fund Capital Program. RECOMMENDATION It is recommended that the proposal of Hydro -Com Technologies for engineering services (design and project management) for Saint John East Sanitary Sewer Inflow /Infiltration Reduction Program Phase IV and Manhole Rehabilitation Design and Inspection Services be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering M & C — 2006 -205 July 14, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Request to Build Cottage Kelly Lake BACKGROUND: Building Permits for new buildings are reviewed by both Municipal Operations and Planning to ensure amongst other things, that the proposal can be provided with normal City services. Services include water & sewage where available, but also street access so that garbage can be collected and emergency vehicles can reach the building. Most buildings easily meet these standards. There is a Zoning Bylaw provision, however that actually states in Section 40: "No building may be erected in the City in respect of which, in the opinion of the Council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, streets, or other services or facilities." Mike McGraw's application to construct a cottage on Kelly Lake has been reviewed (lot illustrated on attached map). The applicant was informed that this permit could not be approved by staff. As per Section 40, the applicant has now requested Council to make a final determination. ANALYSIS: Kelly Lake is located in West Saint John, near the Highway 7 the Martinon exit. There are at least two existing cottages on the lake, as well as a small number of camps on various private roads and on the nearby Acamac Backland Road. Report to Common Council Page 2 July 14, 2006 This area was historically accessed from the Westfield Road via the Acamac Backland Road. It is a long - existing 20 -metre (66 -foot) wide public right -of -way that has only been developed for an approximate distance of 375 metres (1,230 feet) from its intersection with Westfield Road. The remainder of this right -of- way, which is over 3.3 kilometers (2 miles) has remained underdeveloped. During a recent site visit to the area, it was not possible to travel any significant distance along this roadway with a passenger vehicle. Obviously, the City does not provide any maintenance to this portion of the right of way. When the Province of New Brunswick constructed the Martinon By -Pass Highway, it severed the undeveloped Acamac Backland Road right -of -way. According to the Department of Transportation, a gravel service road was constructed by the Province along both sides of this portion of the highway to accommodate woodlot resource access only. This service road is within the provincial highway's 150 -metre (492 -foot) wide right -of -way. The road has a granular width of 7.5 metres (25 feet), with suitable ditching along both sides. Other than the Acamac Backland Road there are two accesses that intersect this provincial service road. One of these roadways was developed by Brookville Manufacturing Company Limited (now the John Law Corporation) in the early 1990s in conjunction with an approved rock quarry operation. The Free Lane private access is not far from the former quarry road. This lane provides access to camps in the vicinity of Kelly Lake. There were four (4) camps identified along this private roadway during a recent visit to the area. Most of the camps in this area pre -date City jurisdiction, but one camp on the Acamac Backland Road was approved by Council in August 1993 on the basis it would only be used for recreational purposes and normal City services would not be required or expected. A request to build a permanent residence on the Acamac Backland Road was denied in 2002. Mr. McGraw has obtained Provincial Health approval and Provincial Environment approval. There is electricity to at least one of the existing cottages and this service would be extended at his expense. He has indicated that he will forgo city services in order to build a camp on the lake and will accept liability and not hold the City at fault for not being able to reach his lot with emergency vehicles. Report to Common Council July 14, 2006 CONCLUSION: Page 3 As can be seen from the above commentary, this type of application has been considered before. In all cases Municipal Operations and the Fire Department have indicated that services can not be practically provided to these locations and this continues to be the case. While a camp is proposed, the City has not differentiated between a permanent dwelling and camps, understanding that many camps have been converted to year round dwelling units. Council has approved recreational uses with a clear understanding of the service limitations. There could be a formal agreement, but this has not been the case in the past. In the final analysis it is Council's decision under Section 40 of the Zoning By- law. The advice from your staff has been consistently to deny such approvals. RECOMMENDATION: That the application of Mike McGraw not be approved. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, C.A. City Manager JRB:111 Report to Common Council Page 4 July 14, 2006 M & C — 2006 -199 July 14, 2006 His Worship Mayor Norm McFarlane Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Stopped Up and Closed Streets Poplar St., Walnut St., Eastmount Cr., Amherst St., Windsor St., Woodland St., Elmwood Ave., Ashland Ave., and portion of Rockwood Ave. BACKGROUND: On January 30, 2006 Common Council stopped -up and closed the above noted undeveloped streets in Eastmount, East Saint John (see attached map). The purpose for these street closures was to allow for the future sale of this land to Horizon Management Limited, which would form part of their subsequent commercial development proposal for this area. In April 2006, Common Council adopted a resolution to amend the Municipal Development Plan and to rezone a 53 acre ± parcel of land to "SC" Shopping Centre, pursuant to the provisions of Section 39 of the Community Planning Act as set out by Council. Part of the 53 acre parcel of land that was rezoned included the 4.55 acre parcel of City property that formerly contained the above noted undeveloped streets. ANALYSIS: The purpose of this report is to recommend a sale price for the former undeveloped City streets to Horizon Management Limited. The street closures as noted above have since been registered and are now identified as PID Number 55179352, having a total area of 4.55 acres ±. This parcel is un- serviced, vacant land that consists of a rolling topography. Although this property is near developed residential area to the northwest and near commercial to the east, it remains in its natural vegetated state. There are no recent comparisons with other City land dealings to use as benchmarks to compare with this land transaction. The nearest comparison would be $5,000.00 per acre for raw, unserviced land in the City's industrial parks. Also, taking into consideration other street closure and sale deals which the City has been involved, would also support the above noted per acre value, had the parcels of land been similar in size. Therefore, the valuation of this 4.55 acre ± parcel of land would be $22,750.00 plus H.S.T. Report to Common Council July 14, 2006 Page 2 In addition to the value of this parcel of land, it is the City's policy where advertising costs have been incurred, to require the purchaser to reimburse the City the cost of advertising. The cost associated with the public advertising for these undeveloped streets was $745.00 plus H.S.T. The recommendation contained below incorporates the above values to form the purchase price for the transfer of this land to Horizon Management Limited. RECOMMENDATION: That The City of Saint John sell the fee simple interest in PID Number 55179352, subject to any necessary municipal or public utility services easements /easements for municipal or public utilities to Horizon Management Limited for $22,750.00 (plus HST, if applicable); plus the cost of advertising for the stopping -up and closure of the former City streets with the sale of this property to be concluded on or before October 31, 2006. 2. That the Mayor and Common Clerk be authorized to sign any necessary documents required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, FCA City Manager CL /c Report to Common Council Page 3 July 14, 2006 M & C — 2006 -198 July 14, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Red Head Secondary Access Road Portion of Crown Reserved Road BACKGROUND: By resolution dated November 7, 2005 The City of Saint John and Irving Oil Limited entered into a Design/Build Agreement for the development of the Red Head Secondary Access Road. In addition, Council resolved to commence the expropriation process as well as give direction to the City Manager to proceed to negotiate with affected property owners with the intention of securing an agreement on land value. In addition to the City's need to acquire lands owned by private individuals to facilitate the routing of the proposed road, acquisition of lands are also required from the Province. To date, five parcels of land owned by the Province have been agreed upon for conveyance to the City for the purpose of constructing the Red Head Secondary Access Road. In addition to the above, a Crown Reserved Road, owned by the Province bisects the routing of the intended new access road. The City's acquisition of a 2,718 square metre ± portion of this parcel necessitated the need for a formal application to the Province, which was initiated by City staff on January 16, 2006. The Province has recently finalized its review of the City's application to acquire a 2,718 square metre ± portion of a Crown Reserved Road. The Province had held the application pending approval from the New Brunswick Department of Environment. The Province is now prepared to transfer title of the parcel of land to the City. The purpose of this report is to seek Council's support for the land acquisition. RECOMMENDATION: That The City of Saint John purchase the fee simple interest in a 2,718 square metre +/- portion of a Crown Reserved Road, identified on the attached plan as Parcel 06 -23 from Her Majesty The Queen, as represented by the Minister of Natural Resources for $250.00. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment CL /c M & C 2006 - 206 July 13, 2006 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: Simpson Drive Wastewater Pumping Station — Mechanical and Electrical Failure PURPOSE: The purpose of this report is to provide information regarding the mechanical and electrical failure at the Simpson Drive Wastewater Pumping Station (WWPS). BACKGROUND: The Simspon Drive WWPS is located at 18 Simpson Drive in the Glen Falls Area. It collects raw sewage and stormwater from the Glen Falls, Forest Hills, Drury Cove and the lower commercial section of McAllister Drive. The daily average now into Simpson Drive WWPS is approximately 51 litres per second while the peak instantaneous flow, during storm events can reach up to 198 litres per second. This WWPS is a wet well / dry well type where the flow comes into the influent chamber and is pumped by centrifugal pumps located in the dry well. Heavy materials such as rocks, sand, rags, etc. have a direct negative effect on the mechanical components of these pumps. Much work has been done to separate combined sewers into sanitary sewers and storm water lines but much more work remains to eliminate the combined sewers. This WWPS is located on the fringe of a residential area in Glen Falls. M & C 2006 - 206 July 13, 2006 Page 2 ANALYSIS: Late in the evening of June 4, 2004, during a major storm event that dropped 116mm of precipitation on the Saint John area, the Simpson Drive WWPS encountered an uncontrollable episode of mechanical failure that resulted in flooding of the WWPS. As a direct result of this flooding event, the electrical system failed, diverting all incoming flow through the WWPS bypass line into Marsh Creek as designed. As per the New Brunswick Department of Environment (DOE) Certificate of Approval to Operate (COA), the DOE was immediately notified of this bypassing condition. An Engineering Consultant was retained on June 5, 2006 to begin the process of restoring this WWPS to normal operating conditions. The City of Saint John has been expediting this process in an effort to minimize the environmental impact to Marsh Creek. There are many concurrent activities occurring at the time of this Report. Of note, the pump motors and pumps have been removed, repaired, and inspected. Upon completion of the competitive bid process, Mechanical and Electrical Contractor Services were procured on July 13, 2006 to complete the supply and installation of the electrical system. This work is expected to be competed in three to four weeks. A decision was made to not install temporary power to this WWPS due to the complexities and major cost associated with such action. The City of Saint John and DOE have been corresponding on regular basis to provide project updates as requested by the DOE. The failure of the WWPS was not widely publicized. In retrospect, the public should have been informed of breakdown of the wastewater collection system and the release of sewage into the environment. Systems are designed to overflow or bypass upon failure and, as such, the impact on Marsh Creek could not be avoided. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, J.M. Paul Groody, P.Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering REPORT TO COMMON COUNCIL M & C — 2006 -196 14 July 2006 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Interior Renovations Charles Gorman Arena BACKGROUND: Tenders closed on Wednesday July 05, 2006 for the supply of all necessary labour, materials, tools and equipment required to successfully complete necessary renovations to the interior of the Charles Gorman Arena. This project, given the age and condition of the building, was identified during preparation of the 2006 Capital Budget and is a part of the on going upgrade and improvement to these types of facilities. ANALYSIS: Three local firms responded to the City's public call for tenders by submitting bids. A summary of the bids received is enclosed for your consideration. Staff of Materials & Fleet Management and Facilities Management have reviewed the tenders and have found them to be complete in every aspect. Page Two FINANCIAL IMPLICATIONS: The total cost for the required interior renovations to the Charles Gorman Arena, if awarded to the lowest bidders as per the staff recommendation, will be $142,000.00, plus applicable taxes. As stated above, this is a planned expenditure for which funds were identified and included in the 2006 Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by Melrose Construction Ltd. in the amount of $142,000.00, plus tax, for the supply of all labour, materials, tools and equipment necessary to successfully complete the required interior renovations to the Charles Gorman Arena, be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent Andrew Beckett, CA Acting Treasurer T.L. Totten, FCA City Manager O c a� O A , Z W Q Cz G /O V U) W F- 0 LO co O w cn O z NO H O z w O FR w z 0 c Q cv N t O w ti E O O L O m L O O c N m O O N O J c� Q c Q a 0 M N C .F Q Q O I- Q Q C> O> C 0 O O O O Of O O N y ` 0 O U `` O p O c O' U N N (n r O E,f} N J O O a) •� o M C W LLO V- fn i LU 0 c 0 V V L." I� P4 t- 1 SAINT JOHN July 6, 2006 LORNE F. LAWLESS TRANSIT CENTRE 951 FAIRVILLE BLVD. / 951 BOLL. FAIRVILLE SAINT JOHN, N.B. CANADA / SAINT JOHN, (N. -B.) CANADA E21V 5T9 Mayor Norm MacFarlane And members of Common Council City of Saint John PO Box 1971 Saint John, NB Your Worship and Councillors: TRANSIT INFORMATION (506) 658 -4700 www.cilycfsainljohn.com GENERAL OFFICES (506) 658 -4710 FAX (506) 658.4704 At the Saint John Transit Commission meeting of July 6, 2006, the Commission had the Opportunity to discuss the possibility of building a new maintenance and head office facility. It has been determined after review that a temporary location of a significant size does not seem to be available to us at this time. Accordingly, the Commission is of the opinion that we would be unable to vacate our current premise until such time as a new building was completed. In the opinion of management, it is probable that design work, if undertaken in the near future, could not be completed until the late fall of 2006, Construction of the new facility, in such case, would likely not be completed until the fall of 2007 or spring of 2008. While the Commission has not undertaken a professional review of these timelines, I was directed by them to advise Common Council of our opinions to assist Council in their deliberations on this issue. Yours truly, 1 Mi ael Hunter Vice Chairman SAINT JOHN July 6, 2006 LORNE F. LAWLESS TRANSIT CENTRE 951 FAIRVILLE BLVD. 1951 BOUL. FAIRVILLE SAINT JOHN, N.S. CANADA; SAINT JOHN, {N. -B.) CANADA E2M 5T9 Mayor Norm MacFarlane And members of Common Council City of Saint John PO Box 1971 Saint John, NB Your Worship and Councillors; TRANSIT INFORMATION {506 }658 -4700 www.rityofsaintjohn.com GENERAL OFFICES (506) 858 -4710 FAX (506) 658 -4704 At the Saint John Transit Commission meeting of July 6, 2006, the Commission noted the departure of Chris Titus and Dawson Moyer from the Commission. Both of these individuals have played a significant role in the deliberations of the Commission over the past six years. In particular Dawson Moyer has provided the Commission with considerable experience in labour relation issues. As Chairman for the past four years, Chris Titus had led the Commission with vigour and ingenuity during a time of renewal and expansion. The Commission wishes to publicly advise Common Council of the meaningful work these men have accomplished on behalf of the Saint John Transit. We would ask that you join us in thanking them both for their contributions. Yours truly, Mi ael Hunter Vi . Chairman Saint John Parking Commission Commission sur le stationnement de Saint John July 12, 2006 Patrick Woods Common Clerk City of Saint John 8th Floor, City Hall Saint John, NB Dear Mr. Woods: RE: Appointment of Michael Marshall Canadian Corps of Commissionaires as a BY-Law Enforcement Officer 11th Floor, City Hall, 11ieme Etage, Hotel de Ville P.O. Box 1971 / C. P. 1971 Saint John, N.B. /N. -B. E2L 41_1 Tel / Tel: (506) 658 -2697 Fax / Telecopieur: (506) 649 -7938 E-mail /Courriel: parking@saintjohn.ca We are requesting that the following resolution be presented to Common Council for approval: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5, Section 7, Section 8(1), and Section 15 of the Saint John Traffic By -Law, namely: Michael Marshall. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." You rs shard J. Smith neral Manager RJ S/s m www.saintjohn.ca P AV — SAINT JOHN is July 13, 2006 LORNE F. LAWLESS TRANSIT CENTRE 951 FAIRVILLE BLVD, 1951 BOUL. FAIRVILLE SAINT JOHN, N.B. CANADA I SAINT JOHN, (N, -B.) CANADA E2M 5T9 Mayor Norm McFarlane And Members of Common Council PO Box 1971 Saint John, NB E2L 4L1 Your worship and councillors: TRANSIT INFORMATION (506) 656 -4700 www.cityofsaintlohn.com GENERAL OFFICES (506) 656.4710 FAX (506) 656.4704 At a recent Saint John Transit Commission meeting our Commission approved the 2005 Annual Report for Saint John Transit. I was directed by the Commission to forward this annual report to Common Council for your perusal. In addition, the Commission wishes to advise Council of their willingness to appear before them at a later date if this is so desired by Common Council. In closing, the Commission would like to acknowledge the substantial support we have received from the city during 2005. Yours truly, Michael Hunter Vice Chairman SAINT JOHN TRANSIT COMMISSION s� AN RT .� Al FOR THE YEAR ENDED: DECEMBER, 2005 CONTENTS MEMBERS OF THE CO REPORT ON STA REPORT OF THE REPORT OF THE BUS FLEET INFORMA Saint John Transit Commission PAGE 3 PAGE 4 PAGE 5 PAGE 7 PAGE 11 RATIONALIZATION FOR USING FULUSIZ B ONLY; aF PAGE 12 € Em: k tt' W BENCHMARK REPORT PAGE 14 REPORT FROM INDEPENDENCE PLUS INCORPORATED AUDITED FINANCIAL STATEMENTS FOR YEAR ENDED DECEMBER 31, 2405 2 PAGE 15 Chairman: Vice Chairman: Saint John Transit Commission Members of the Commission 1 Ye Cks Taus � uat,, . Douglas Finlay ^x f P'HOR 'Pt r5° ��► y oer i- .r. w Recording Secretary: Valerie Judge General Manager: Frank McCarey 3 Saint John Transit Commi.ssion SAINT JOHN TRANSIT COMMISSION REPORT ON STATUS OF TERMS Voting members of the Saint John Transit Commission are appointed by the Common Council of the City of Saint John for 3-year terms. They may be appointed for not more than a 2nd successive 3-year term. Their terms of office expire as follows: Mr. Chris Titus, Chairman Mr. Michael Hunter, Vice Mr. Murray Beesley Ms. Julie Esselmont Mr. Douglas Fifield Mr. Douglas Finlay Mr. Dawson A. Moyer Z 4 I-Uly 21 2006 (2"d term) an Augt 6, 2048 (2 nd ten-n) July 2l 2006 (1" term) - st 2.0, 2007 07 (2 rid term) - :Augus' 2048 T4 term) 0, 2007 (2 d term) J u I y, X9 2006 (2 rid term) 4 Saint John Transit Commission SAINT JOHN TRANSIT COMMISSION REPORT OF THE CHAIRMAN For Saint John Transit Commission, 2005 was another year of strong support for transit services by Saint John Common Council. During 2005, the Commission acquired three new low entry buses and was able to maintain our fleet average age. The Commission is now operating eight low entry buses. Also in 2045, Saint John Transit Commission and Saint Jahn Parking Commission made presentations to Grand Bay- Wegifigi I3amptolt, Crondola Point, at" d Rothesay on the introduction of a commuter express service into the city offnng park and title and ridesharing. This proposal r was enthusiastically endorseby'�ini cort�its, ah`tl depeng on federal funding under Bill C66, the service could be trpuced in tr,04m6"e r of successful commuter service v would provide parking relief fore mapy n cvelpments plined for the uptown area. In 2005, with the support of the New Bru `' fficial government through the Environment Trust Fund, SJT launched its second environmentally themed bus promoting clean water. The support from thpavtnial ov�tmeit to this program his `teeif rricast apireciated by the Commission. c 5. In 1982, SJT moved into our current facilities on Fairville Blvd. At that time this location was presented as a temporary solution for a ten year period before new facilities were developed. Recent discussions about the possibility of a new facility designed to meet our foreseeable needs for the next forty years have been an exciting period for the Commission. Ridership continues to be strong, in spite of the need for a fare increase in 2005 to offset rising fuel costs, and the Commission was pleased to see monthly pass use increase by 16.5% over 2004. 5 Saint John Transit Commission As in past reports I wish to thank my fellow Commissioners for their support and assistance over the past year. In addition, I would be remiss if I did not recognize the significant importance of our employees who provide our service in a professional and competent fashion. Finally, on behalf of the Commission I would like to express appreciation to the two and one half million passengers who use our service annually for their continued support. As a frequent user of the service I can attest to the comfort and necessity of transit service in Saint John. G mi48FY G Saint John Transit Commission SAINT JOHN TRANSIT COMMISSION REPORT OF THE GENERAL MANAGER The position of General Manager reports directly to the Saint John Transit Commission and is responsible to them for the ongoing operation of transit services in Saint John. The service is provided through the following three departments: Transportation Under the direction of the Director of Transportation, Mr. Frank Maintenance Administration scheduled, services Fices The departt Sent the di responsible for the operation of the or providing contracted charter dudes;, besides the director, fifty -six and three full -time of Plant and Equipment, Mr. �t is responsible for the operated by the Commission, and also for the maintenance of our facilities at 951 Fairville Boulevard. additionF to the manager, the edepartment includes a r6• � b �. �� ✓ ''3S �1 3 e' °E' f retna� den �censed rieehant s °' two hceT�sy bodymen one rv' stdcl than, one'sbivicemdn aiid" one dl an Reporting to the general manager, this department is responsible for the accounting, clerical and reception functions of the Commission. In addition to one payroll/accounting clerk and one accounting clerk typist, this department is supported by City of Saint John senior accounting staff on an as required basis. 7 Saint John Transit Commission The total staff of Saint John Transit Commission, including the General Manager, is eighty full - time employees and four part-time drivers. Drivers and maintenance employees are members of the Amalgamated Transit Union, Local #1182. Scheduled passenger service is provided on nineteen separate routes during weekdays. On Saturdays a reduced level of trips are operated on fourteen of these routes. During Sundays and statutory holidays, only the two main routes, East/West and University are operated. The nineteen routes cover a total distance of approximately 350 kilometers of city streets and each month the Commission operates, on average, about ,150,000 milometers over these routes. The level of service, that is the number of buses b�sed. ,to servicerarious routes, varies throughout the day in accordance with the level.�'demd ,. For example; Fduf-w� weekday peak demand periods between 7:30 a.m. and 9:30 a m. and beteen 3 m. and 5'9 0 'Nrn., our routes are serviced by up to 38 buses. This level at "' hour would haul✓ dropge to buses. After 7:00 p.m. the number of vehicles decreases to 5dfl t only 3 nes rain in service. u.. In 2005, Saint John Transit wad le to three vehicles were purchased second year in a row the Government low entrluses to our fleet. Two of these of Sairwv��' .. Common Council and for the through the Environmental Trust Fund funded most of the cost of the third bus. The buses funded by the Environmental Trust Fund feature an environmental . hence w�ch covers the entire 5,per.t r th Jbus s Am application for a ehthird environme ad ljor 200 The three new vehicles allowed Saint John Transit to maintain our fleet average age at around fourteen years. However, I would be remise if I did not point out that the fleet average continues to be about 5 years over the optimum level, While the aged fleet is not a safety issue in that buses are never operated with unsafe brakes or steering, service delays due to mechanical failure and high maintenance cost are a concern. During 2005, Saint John Transit Commission and Saint John Parking Commission developed a suburban commuter plan with the assistance of Craig Campbell from Planning and Development. This plan was presented to the municipal councils in Saint John, Hampton, Quispamsis, Rothesay E Saint John Transit Commission and Grand Bay — Westfield and received support from all of these entities. For Saint John, this plan has the potential to relieve pressure for new parking garages in light of potential down town development. This proposal was given to the Province of New Brunswick for potential funding under the federal transit capital funding program and the Commission is hopeful for approval of this project in 2006. For the past decade, Saint John Transit has recognized that our current facilities at 951 Fairville Blvd. are inadequate for our current level of service and hinder any potential for growth in the near future. The possibility of an opportunity to repplace, -o . tea..:. P;•E designed maintenance storage build�llat world mee �n �0 Commission as a highlight for be�nla"'to realize our t .. About two years ago, the CoTnts oz was Uh ler 1 our level of service to their Commission determined that Council significant s report an update on the acces current facility with a new specifically needs for many years is seen by the )tential over the next decade. mall ty impaired community about ie wagg by comparison, the tth tlt; :financial support of Common ON I az leased to include in this annual the gager of independent Plus Inc who operates this service on behalf of Saints . T -addition, the introduction of low entry buses with wheelchair positions into our regular fleet has provided a new option for these passengers. The , cQmunitmenty�intxol�ansittdornon C0nc to poly purchase low Yat MY 1_ entry buses in hZ%.fu sh ul li vide 'urther 6,ura ni nt £br Ith6gtiobility impaired _i. community. In 2005 Saint John Transit found it necessary to raise fares to meet increasing cost, especially fuel. While the increase interrupted ridership increases and ridership actually declined by 2 %, there was a 15% increase in the number of passengers using monthly passes. The Commission is also pleased to report that a monthly pass payroll deduction program in place with a local call centre has had a 100% increase in users over the past year. Once again this year, 1 wish to express my appreciation to Common Council for their ongoing support. In addition, the direction and support of the members of the Saint John Transit Vol, Saint John Transit Commission Commission is of critical assistance to the management team in maintaining our service. Finally, the support of both our employees and passengers is valued as the major component of our operation. Respectfully submitted, Frank G. McCarey General Manager 10 kk� 10 Saint John Transit Commission Saint John Transit Commission Bus Fleet Information — 2005 Year of Bus 4 of Buses # of Bus Year 1976 1 29 1979 3 78 1981 4 96 1982 2 46 1983 ; 2 44 1984 22 21 19 2 40 1 95 1997 1 7: 1998 11 1 19 b _ I' 45 19918'_" 42 1992 .:,:;.. -;,`:; 39 -Po 1994 2 22 1 5 f AP 2 .e.. 18. 1997 1 8 1998 3 21 1999 2 12 2002 2 8 2004 3 6 2005 2 2 Totals 53 774 Average Fleet Age 14.60 11 Saint John Transit Comrnission Information on Rationalization For Using Full Size Buses Only As is the case with most transit systems, Saint John Transit Commission uses large buses only in our system operation. Observers of our opertt0(en critical of this policy usually as a result of observing large buses with few en ers operating dt�g off -peak hours. In order that the reader understands the rationahz ion for this' °policy the follow' inp.facts are presented. 1) Large, heavy duty, in Canada with a vehi This life expectancy c than 18 years if new repairs after 18 years, ses_,privv tie tWisit syst tns Y, framing 2) Several transit systems have experimented with mini vans and have fund that thd3i €etf th+ se l4hft,0r framed ve`hi; "fr :a averages �nl >t o t e yeas in a li gh mile g , fransit s tem ,` E.., 3) Given the above two factors, the yearly capital cost of a large bus over eighteen years is actually significantly less than the yearly capital cost of a mini bus over three years. 4) Transit systems are very high mileage operations and the ongoing maintenance and operations repairs of a large, heavy duty bus is considerably less than what has been experienced for mini buses. 12 Saint John Transit Commission 5) The largest cost of operating a transit system is labour costs (over 50 %). During peak periods between 7:30 a.m. and 9:30 a.m., and 3:30 p.m. and 5:30 p.m., most transit systems operate their entire available fleet with full loads. The use of mini buses during these periods would require a transit system to use at least twice as many vehicles, operated by twice as many drivers, with perhaps triple operating costs to transport the same number of passengers for the same level of revenue. The financial impact of such a scenario would be disastrous. 6) Mini buses do have a placeertatn, speefic tortation s 13 Saint John Transit Commission BENCHMARK REPORT The following information is provided to allow the reader to ensure Saint John Transit Commission operates at a level that is reasonable by comparison. This comparison is based on the most recent available information, which is for 2004. It should be noted that many transit services for cities under 150,000 population operate as city departments and do not include the cost of support services provided by the municipality. Saint John Transit's results reflect all associated costs. Saint John Transit is pleased to rep >sub�dy per passenger is 50% lower than the average for cities in Canada with 5 j {] to" l "O QOO perpulati ��s . Cost per Passenger 2.46 Revenue /Cost Rai 5S �' % 6 %' % Average Fare 1.30 1.24 1.40 Subsidy per Passenger 1.02 1.51 0.96 14 INDEPENDENCE PLUS INCORPORATED HANDI -BUS ANNUAL REPORT 2005 -2006 Handi -Bus, Saint John's accessible transit system has been operated and managed by Independence Plus Incorporated and subsidized by the Saint John Transit Commission since January 1994. This has proven to be a positive partnership that over the years has met the needs of many individuals in the Saint John area, all of whom face each day with mobility impairments /physical challenges. The services of Handi -Bus have broken down the barriers of access to their community thus enabling these citizens the opportunity to be employed, to be a volunteer, to attend school /university, keep medical appointments and to attend activities within the community. The year 2005 ended with approximately 15,000 passengers accessing the service. During the first four months of 2006, there have been 5644 passengers. The year 2006 will be the year that the service will be utilized by over 17,000 passengers should this trend continue. Documentation for this service is paramount to maintain statistics therefore during the year a new registration form was developed and a format to record the riders, the number of requests, cancellations by passenger and service plus the number of days vans are in for maintenance. Hours of service have increased gradually over the years and the present operation is Monday, Wednesday, Friday form 7.15am to 6:30pm; Tuesday and Thursday from 7:15am to 10 pm; Saturday from 11 am to 7 pm. In addition to these hours the service t5 66 Waterloo Street, Suite 125, Saint John, NB E21- 3P4 Phone: 506 -643 -7009 Fax: 506 - 643 -7009 may be contracted for out of town medical appointments or special events at $50 per hour. There are presently three full time and three part time drivers and a full time dispatcher. Fares have remained constant at $5 for a one way trip anywhere within the city limits and pass are available for $40 for ten rides or $75 for 20 rides. Total revenue for 2005 was $180,184. The Saint John Transit Commission subsidy was $112,274 with the balance being derived from fares. During 2005 year we saw an increase in fares ($67,910) from the previous year ($48,650). Also during the past year a contract during the summer months with the Saint John Port Authority proved to be very lucrative for the service. This contract was to provide a shuttle service for seniors and persons with mobility problems from the cruise ships to Kings Square and returns when needed. A new addition during 2005 was opening the service to all Sea Dog games at Harbour Station. Many of our citizens with disabilities took advantage of these additional hours and were most grateful to be able to attend the home games. Lastly, the partnership with the Commission, Chairperson Chris Titus, General Manager Frank McCarey and Independence Plus Incorporated, has given the citizens of Saint John who face each day with many challenges, an opportunity to equal access within their community. Respectfully submitted, OrW' Brenda Seeley Executive Director S 66 Waterloo Street, Suite 1.25, Saint John., NB E21, 3P4 Phone: 506-643-7009 Fax. 506 - 643 -7009 SAINT JOHN TRANSIT COMMISSION (Incorporated under the laws of New Brunswick) FINANCIAL STATEMENTS DECEMBER 31, 2005 TEED SNUNDERS DOYLE & CO Chartered Ac"untauts SAINT JOHN TRANSIT COMMISSION DECEMBER 31, 2005 CONTENTS AUDITORS' REPORT FINANCIAL STATEMENTS Statement of Financial Position Page Statement of Operations j Statement of Cash Flows 4 Schedule of Expenditure -,$ Notes to Financial Statements 6 - 9 1 LCD SAUNDERS DOYLE & CO. Chartered Accountants 39 Canterbury Street P.O. Box 6668 TEED Saint John SAUNDERS New Brunswick E2L 4S1 DOYLE & CO. Tel (506) 636 -9220 Fax (506) 634 -8208 Chartered Accountants E -mail tsdsj @teedsaundersdoyle.com Member of bFK Accountancy Group Inc. ALJDITORS' REPORT (Canada) and DFK International To the Commissioners of Saint John Transit Commission We have audited the statement of financial position of Saint John Transit Commission as at December 31, 2005 and the statements of operations and cash flows for the year then ended. These financial statements are the responsibility of the Commission's management. Our responsibility is to express an opinion on these financial statements based on our audit. Except as explained in the following paragraphs, we conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. The Commission derives revenue from cash fares, the completeness of which is not susceptible to satisfactory audit verification. Accordingly, our verification of this revenue was limited to the amounts recorded in the records of the Commission and we were not able to determine whether any adjustments might be necessary to revenue, cost of operations, subsidies from the City of Saint John and current assets. The Commission records capital assets financed by operating revenues as an expense in the year of addition as required by its Act of incorporation. In this respect the financial statements are not in accordance with Canadian generally accepted accounting principles. In addition, the Commission records amortization of capital assets based on the principal reduction in long -term debt undertaken to finance capital expenditures. Canadian generally accepted accounting principles require that amortization of capital assets be based upon their estimated service lives. If capital assets had been appropriately capitalized and amortized over their estimated service lives, capital assets, net of accumulated amortization, and net assets at the end of the year would have each been increased by $1,344,498 (2004 - $1,377,671) and expenses for the year, including amortization would have been decreased by $13,233 (2004 - increased by $136,957). In our opinion, except for the effect of adjustments, if any, which we might have determined to be necessary, had we been able to satisfy ourselves concerning the completeness of cash fares and the effect of the failure to record capital asset additions and to record amortization based on the estimated service lives of the assets as described in the preceding paragraphs, these financial statements present fairly, in all material respects, the financial position of the Commission as at December 31, 2005 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. 7 . CHARTERED ACCOUNTANTS Saint John, NB March 17, 2006 Saint John Partners �� Fredericton Partners John H Teed David L. Doyle Brian J. Saunders Ralph D Gorman Andrew P. Logan r. David H,Braoley I. SAINT JOHN TRANSIT COMMISSION STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 3I, 2005 2005 2004 ASSETS CURRENT Cash (Note 3) $ 162,055 $ 163,828 Accounts receivable (Notes 3 and 4) 746,409 906,392 Inventory (Note 2) 361,404 355,565 Prepaid expenses 52.525 72.088 1.322.393 1 .497,873 CAPITAL (Notes 2 and 5) 4.283.579 3,776,730 _ LIABILITIES CURRENT $ 5 605 972 $ 5b274 603 Accounts payable and accrued liabilities (Note 3) $ 536,528 $ 611,592 Deferred income 4,900 - Principal due within one year on long -term debt 483,700 513,700 1,025.128 1,125,292 LONG -TERM (Notes Sand 6) 1854,926 3,426,814. SICK PAY ACCRUAL (Note 2) 641,418 637,997 NET ASSETS NET ASSETS 84,500 84,500 $ 5 6� 05 $.5,274 603 APPROVED ON BEHALF OF THE COMMISSION: Commissioner A— Commissioner SAUNDERS 2. DOYLE & CO k.1�a wi d Accountants SAINT JOHN TRANSIT COMMISSION STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 2005 2005 REVENUE (Note 2) Fares Charter Advertising Garage Other EXPENDITURE Transportation (Schedule) Vehicle maintenance (Schedule) General and administrative (Schedule) COST OF OPERATIONS BEFORE INTEREST AND AMORTIZATION INTEREST ON LONG -TERM DEBT AMORTIZATION - FINANCED BY CAPITAL BUDGET (Note 2) COST OF OPERATIONS SUBSIDIES FROM THE CITY OF SAINT JOHN (Note 2) Operating Interest and debt reduction $ 3,514,454 169,310 38,896 1,928 22.023 3,746,611 4,597,291 1,771,255 298,142 6,666.688 2.,920,077 158,707 513.700 672.407 $ 3,592,484 $ 2,920,077 672,407 $ 3u592 484 2004 $ 3,386,057 254,631 36,412 11,105 15.614 _ 3,703.819 4,369,366 1,675,530 311,260 6,356.156 2,652337 149,719 456,700 — 606,419 $ 3 2� 58756 $ 2,652,337 606,419 $.3 25 3 SAUNDERS DOYLE & CO. Chartered Accountants SAINT JOHN TRANSIT COMMISSION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2005 2005 CASH PROVIDED BY (USED IN) Operating activities Cost of operations Subsidies from the City of Saint John Items not involving cash Amortization Sick pay accrual Changes in non -cash working capital balances Accounts receivable Inventory Prepaid expenses Accounts payable and accrued liabilities Deferred income Account payable to the City of Saint John Investing activities Purchase of capital assets Financing activities Proceeds of debentures Repayment of debentures Repayment of loan for energy retrofit Net change in cash advances from the City of Saint John Grant from the New Brunswick Environmental Trust Fund DECREASE IN CASH CASH AT BEGINNING OF YEAR CASH AT END OF YEAR SUPPLEMENTARY CASH FLOW INFORMATION Interest paid 4. 2004 $ (3,592,484) $ (3,258,756) 3,592,484 3,258,756 579,964 502,963 3,421 54371 583,385 557,334 159,983 (654,567) (5,839) (15,646) 19,563 (15,042) (75,064) (53,410) 4,900 - � (28.9851 686,928 _, (210.3161 (1.386.8131 (1306.7691 600,000 850,000 (513,700) (456,700) (40,000) (20,000) 351,812 456,769 _ 300.000 285,000 698.112 1.115.069 (1,773) (402,016) 163.828 _ 565,844 $ 162,055 $ lei $ 158,707 $ 149,719 TEED SAUNDERS DOYLE & CO. ChaV[(- d Accountants SAINT JOHN TRANSIT COMMISSION SCHEDULE OF EXPENDITURE FOR THE YEAR ENDED DECEMBER 31, 2005 $. 4.597.291 $4369366 . VEHICLE MAINTENANCE 2005 2004 TRANSPORTATION $ 650,344 $ 647,876 Salaries and wages $ 2,190,846 $ 2,182,831 Fringe benefits 831,918 808,794 Gas and oil 936,507 759,351 Uniforms 8,770 39,589 Passes and schedules 36,545 26,140 Advertising 78,845 49,700 Miscellaneous 10,657 11,637 Fleet insurance 335,452 336,418 Parallel transit 140,101 126,551 Licences 3,873 3,513 Vehicle 7,862 8,927 Amortization - financed by operating budget (Note 2) 15.915 15.915 $. 4.597.291 $4369366 . VEHICLE MAINTENANCE $ 136,579 $ 135,337 Salaries and wages $ 650,344 $ 647,876 Fringe benefits 252,999 220,230 Supplies and parts 532,554 504,535 Heat, light and power 63,609 73,641 Real estate taxes 48,764 48,764 Building and maintenance 53,699 54,753 Tools and equipment 57,549 28,930 Oil and grease 21,913 22,517 Insurance 20,678 19,912 Water taxes 6,523 5,527 Miscellaneous 22,623 28,845 Amortization - energy retrofit (Note 2) 40.000 20.000 $ 17 $ 1675 GENERAL AND ADMINISTRATIVE Salaries $ 136,579 $ 135,337 Fringe benefits 33,489 32,927 Telephone 12,057 .11,915 Professional fees 16,657 14,377 Postage and stationery 11,498 14,498 Equipment maintenance 6,480 6,480 Training and courses 3,325 2,639 Travel 20,109 27,241 Transcard Commissions 12,690 12,692 Miscellaneous 14,257 18,945 Board payments 3,558 3,360 Insurance 12,124 11,938 Memberships 4,970 8,563 Amortization - financed by operating budget (Note 2) 10.349 10.348 $ 2299KI42 $ 3,11 TEED 5 SAUNDERS DOYLE & CO. Chartered A--r-t. SAINT JOHN TRANSIT COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 1. PURPOSE OF THE ORGANIZATION Saint John Transit Commission was established by the City of Saint John to develop, maintain and operate a public transit system. The Commission is incorporated under the laws of New Brunswick and qualifies as a Municipal Commission under Section 149(1) (d) of the Income Tax Act. As such, the Commission is exempt from income taxes. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Accounting Saint John Transit Commission follows Canadian generally accepted accounting principles, except that it records capital assets and amortization as discussed below. Inventory Inventory of spare parts is carried at the lower of cost or replacement cost. Cost is defined as average laid down cost. Capital Assets Capital assets financed by the City of Saint John's capital budget are stated at cost less accumulated amortization. The Commission records amortization on these capital assets based on the principal reduction in long -term debt undertaken to finance the capital expenditures. Canadian generally accepted accounting principles require that the amortization of capital assets be based on the estimated service life of the assets. The cost of retrofitting the building for energy efficiency financed by the City of Saint John's operating budget has been recorded at cost less accumulated amortization. The Commission records amortization of this cost equal to the .principal reduction in the associated long term debt. Certain motor vehicles financed by the City of Saint John's operating budget have been recorded at cost less accumulated amortization. The Commission records amortization on these capital assets on a straight -line basis over three to five years. In addition, certain assets financed by the City of Saint John's operating budget have been charged to expenses in the year of addition. Revenue Recognition Cash fares are recognized as revenue when received. Transcard receipts are recognized as revenue when sales are made to the public. Charter revenue is recognized when the requirements of performing the service are satisfied, provided that at the time of performance, ultimate collection is reasonably assured. Subsidies from the City of Saint John The City of Saint John is obligated under the Commission's Act of Incorporation to finance all net operating and capital expenditures. Operating subsidies received from the City are recognized as revenue when operating expenditures are incurred. Subsidies on account of long -term debt retirement are recognized when the debt obligations of the Commission are funded by the City. Any amount due to or from the City at year end results from the difference between regular monthly payments received from the City and net operating expenditures for the year. TEED SAUNDERS 6. DOYLE & CO. Chart —d Ace ... u.ts 2. SAINT JOHN TRANSIT COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd) Sick Pay Accrual Under the collective agreement between the Commission and the Amalgamated Transit Union, Local 1182, employees are entitled to a pay out of 50% of accumulated sick time upon retirement provided they have accumulated 70 sick days. As a result, a liability has been recorded representing 50% of employees' accumulated sick days for each employee having accumulated 20 or more days. Use of Estimates The preparation of financial statements in accordance with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amount of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amount of revenues and expenses during the reporting period. These estimates are reviewed periodically, and as adjustments become necessary, they are reported in earnings in the period in which they become known. 3. FINANCIAL INSTRUMENTS The Commission's financial instruments consist of cash, accounts receivable, accounts payable and accrued liabilities and long -term debt. Unless otherwise noted, it is management's opinion that the Commission is not exposed to significant interest, currency or credit risks arising from these financial instruments. The fair value of these financial instruments approximate their carrying values, unless otherwise noted. 4. ACCOUNTS RECEIVABLE Trade accounts receivable Accounts receivable from the City of Saint John for operating subsidy (Note 2) Account receivable from the New Brunswick Environmental Trust Fund 2005 $ 324,715 421,694 $ 746,409 2004 $ 349,055 272,337 285,000 $ 906.392 The Commission is exposed to credit risk on the accounts receivable from its customers. In order to reduce its credit risk, the Commission has adopted credit policies which include the analysis of the financial position of its customers and the regular review of their credit limits. The Commission does not have a significant individual credit risk exposure except for the following customers: Aquila Tours Inc. DRL Coachlines 2005 2004 $ 50,889 $ 35,533 - 95,158 The 2004 balance due from Aquila Tours Inc. was paid in full in 2005. The 2005 balance consists of transactions occurring in 2005. WI - _ TEED SAUNDERS DOYLE & CO Chartered Accountants SAINT JOHN TRANSIT COMMISSION 10611 lC110ll."4 a*jVWIr:1r013101 V DECEMBER 31, 2005 5. CAPITAL ASSETS 6. LONG -TERM DEBT 2005 2004 Land $ 77,470 $ 77,470 Building 3,545,797 3,462,831 Motor vehicles 11,574,350 10,593,613 Transportation equipment 290,767 290,767 Office equipment 125,400 102,291 Computer equipment 42,545 42,545 Maintenance equipment 222,315 222,315 Bus shelters and signs 241,172 241,172 Cost 16,119,816 15,033,004 Accumulated amortization _11,836.237 1.1,,256,274 Net book value $_ 4,283,579 6. LONG -TERM DEBT $ 3854,926 $ 3 4� 26 TEED SAUNDERS 8. DOYLE & CO. C wa and Accountants 2005 2004 Certificates of Indebtedness - Province of New Brunswick: 6.25% to 7.875 %, due 2005 $ - $ 70,000 3.625% to 6.625 %, due 2006 64,800 129,600 5.25% to 5.625 %, due 2008 244,500 326,000 5.2 % to 5.75 %, due 2009 305,600 382,000 6.1 % to 6.4 %, due 2010 420,000 504,000 2.45% to 5.5 %, due 2011 228,000 265,000 3.05 %t, to 5 %, due 2013 349,000 392,000 2.75% to 4.8 %, due 2014 793,000 850,000 3.75 % to 4.375°1x, due 2015 600,000 - Loan payable to the City of Saint John for energy retrofit plus interest at prime, repayable over a period not to exceed ten years from annual operating savings of the Commission 223,917 263,917 Cash advances from the City of Saint John for capital expenditures 1,109,809 757,997 4,338,626 3,940,514 Less instalments included in current liabilities 481700 513,700 $ 3854,926 $ 3 4� 26 TEED SAUNDERS 8. DOYLE & CO. C wa and Accountants SAINT JOHN TRANSIT COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 6. LONGTERM DEBT (cont'd) The long -term debt was incurred by the City with respect to capital expenditures made on behalf of the Commission. Principal due within each of the next five years is as follows: 2006 $ 483,700 2007 418,900 2008 418,900 2009 338,400 2010 262,000 1,921,900 Loan payable to the City of Saint John for energy retrofit 223,917 Cash advances from the City of Saint John for capital expenditures 1.109.809 $..3.1.2 .55626 7. COMPARATIVE FIGURES Certain comparative figures have been restated to conform with the method of presentation adopted for the current year. a TEED SAUNDERS DOYLE & CO. Chartered Accountants July 13, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Industrial Park Developments BACKGROUND: At its meeting of June 21, 2006 the Board of Directors of the Saint John Industrial Parks Ltd. resolved to advise Common Council of ongoing developments within the Industrial Parks. There are currently 3 buildings under construction or on the cusp of construction at the time of this report as well as a couple of other development sales pending SJIPL Board and BNB approvals. Sancton Scaffolding and MMCI are erecting buildings in the McAllister Industrial Park. Combined, these two developments represent more than 30,000 sq. ft of new construction valued at more than $1.8 million. Try Al's Trucking in the Grandview Industrial Park has purchased additional lands from the SJIPL and is set to expand their transfer /warehouse facilities creating an additional $350,000 of new construction. All told it is anticipated these new developments will generate Municipal tax base in excess of $50,000.00 per annum. RECOMMENDATION: That this report be received and filed. Respectfully submitted, J.C. MacKinnon, President Saint John Industrial Parks Ltd. Report to Common Council Page 2 July 14, 2006 July 12, 2006 Your Worship and Councillors: SUBJECT: Proposed Subdivision Assent 310 -336 Westmorland Road The Committee considered the attached report at its July 11, 2006 meeting. Messrs. Rod Gillis and Rod Adams attended the meeting on behalf of the applicant, Horizon Management Limited. Messrs. Gillis and Adams expressed agreement with the recommendation contained in the attached report and answered several questions concerning the proposed variances for the hotel development. Mrs. Carmel McCaig, 300 Westmorland Road, attended the meeting to express her concerns about the proposed hotel development, as outlined in her submitted letter (copy attached). She also indicated that she had met with Mr. Adams and was satisfied with the proposal, provided that it is carried out as proposed. In addition to the above, one letter in favour of the proposal was received (copy attached). After considering the matter, the Committee adopted the recommendation contained in the attached report. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed East Point shopping centre development at 310 -336 Westmorland Road, with respect to the proposed Retail Drive public street and widening of the Westmorland Road public street right -of -way, as well as any required municipal services easements and public utility easements. Respectfully submitted, Philip Hovey Chairman Attachments Project No. 06 -219 DATE: JULY 7, 2006 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 11, 2006 Randall G. Pollock, MCIP Planner SUBJECT: Name of Applicant: Horizon Management Limited Name of Owner: Donald C. Northrup, Arthur J. Miller, Rowland G. Buckley and Rita S. O'Brien Location: 310 -336 Westmorland Road PID: 55160105 and part of 324657 Municipal Plan: Regional Centre (pending) Zoning: "SC" Shopping Centre (pending) Proposal: To construct a 79 -room hotel on a separate lot within the proposed East Point Shopping Centre development Type of Application: Subdivision, conditional use (hotel and variances, as follows: a) to permit a lot area of 6000 square metres (1.5 acres) whereas the Zoning By -law requires a minimum lot area of 1 hectare (2.471 acres); Horizon Management Limited 310 -336 Westmorland Road Page 2 July 7, 2006 b) to permit a building setback of 7.65 metres (25 feet) from the northwest property boundary (abutting Fernhill Cemetery property) and 10.18 metres (33 feet) from the northeast property boundary (abutting the balance of the shopping centre development), whereas the Zoning By -law requires a minimum building setback of 15 metres (50 feet) from all property boundaries; c) to permit a building height of 4 storeys or approximately 16.8 metres (55 feet), whereas the Zoning By -law permits a maximum building height of 3 storeys or 11 metres (36 feet); d) to permit a 79 -room hotel with 83 on -site parking spaces, whereas the Zoning By -law requires a minimum of 149 on -site parking spaces for a building with 4180 square metres (45,000 square feet) of floor area (regardless of use) in a "SC" Shopping Centre zone. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the vesting of new public streets in conjunction with the subdivision of land. In addition, the Subdivision By -law authorizes the Committee to approve street names in new subdivisions, and to approve access to a lot by means other than a public street. The Zoning By -law authorizes the Committee to impose terms and conditions upon the development of a hotel in the "SC" Shopping Centre zone. The Community Planning Act authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed East Point shopping centre development at 310 -336 Westmorland Road, with respect to the proposed Retail Drive public street and widening of the Westmorland Road Horizon Management Limited Page 3 310 -336 Westmorland Road July 7, 2006 public street right -of -way, as well as any required municipal services easements and public utility easements. 2. That the Planning Advisory Committee approve the street name Retail Drive for the new public street in the proposed shopping centre development. 3. That the Planning Advisory Committee approve the creation of a separate lot for the proposed hotel having access via a right -of -way from Retail Drive over the balance of the shopping centre development. 4. That the Planning Advisory Committee impose no additional terms and conditions on the development of the proposed hotel. 5. That the Planning Advisory Committee grant the requested variances to permit the following: - a lot area of 6000 square metres (1.5 metres); - building setbacks of 7.65 metres (25 feet) from the northwest property boundary (abutting the Fernhill Cemetery property) and 10.18 metres (33 feet) from the northeast property boundary (abutting the balance of the shopping centre development); - building height of 4 storeys or approximately 16.8 metres (55 feet); and - 83 on -site parking spaces for a 79 -room hotel, on condition that the use of the proposed lot is restricted to a hotel with a maximum of 79 guest rooms or suites and no associated restaurant or lounge facilities. BACKGROUND: On April 10, 2006, Common Council redesignated an approximately 53 -acre parcel of land at 336 Westmorland Road from Low Density Residential to Regional Centre. At the same time, Council rezoned the same area from "RS -2" One and Two Family Suburban Residential, "R -2" One and Two Family Residential and former unzoned street areas to "SC" Shopping Centre. The rezoning was adopted subject to an agreement, pursuant to Section 39 of the Community Planning Act, setting out detailed conditions covering such matters as the maximum size of the development, excavation, minimum site improvement standards, street improvements (including construction of a new street and improvements to Westmorland Road) and approval of detailed plans with respect to grading, drainage and site development, as well as City cost sharing of the required street work and trunk service installations. The Planning Advisory Committee had recommended, at its March 21, 2006 meeting, that the proposed Municipal Plan amendment and rezoning not be approved. On July 4, 2006, Common Council redesignated and rezoned an additional 1.9 -acre parcel of land, located at 310 Westmorland Road, subject to the same conditions as are applicable to the area that was redesignated and rezoned on April 10. This further rezoning was recommended by the Committee at its June 13, 2006 meeting, at which time the Committee also granted a variance to Horizon Management Limited Page 4 310 -336 Westmorland Road July 7, 2006 permit a landscaped parking area setback of 3 metres (10 feet) along the southwest side lot line of 310 Westmorland Road. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposal. The access will be via a private right -of -way from Retail Drive, which is scheduled to be constructed this year. Building and Technical Services has no objection. A review of the structure for Code compliance will take place during the permit process. Saint John Energy has submitted no comments. Aliant Telecom has submitted no comments. Fire Department has no objection to the application with the understanding that the design and construction of the hotel is in accordance with the provisions of the National Building and Fire Code. The applicant is also reminded to submit construction plans to the Office of the Fire Marshal for review and approval. The Fire Department also reminds everyone that the water supply and fire suppression systems were an issue with respect to the construction of the Home Depot and, as such, it would be diligent to review that experience when designing the water distribution (municipal and contractor) and suppression systems that will be required to support the proposed hotel. ANALYSIS: Site and Neighbourhood The subject site is a part of the recently- approved major shopping centre development lying between Westmorland Road and Marlborough Avenue in East Saint John. The site has an area of approximately 6000 square metres (1.5 acres) and is located along the southwesterly edge of the shopping centre area, as illustrated on the attached map. The site is approximately 160 metres (525 feet) back from Westmorland Road, adjacent to the Fernhill Cemetery property and NB Power corridor. It is currently undeveloped. Proposal The applicant has submitted the attached proposal to develop a hotel on the subject site. This would be a separate lot, owned by the hotel company, but would be integrated with the balance of the shopping centre development. The proposed hotel will be four storeys in height and will have a total of 79 rooms and an indoor pool. The total floor area of the building (including the pool Horizon Management Limited Page 5 310 -336 Westmorland Road July 7, 2006 area) will be approximately 4180 square metres (45,000 square feet). There will be no restaurant or lounge facilities. Access to the hotel property will be from the new Retail Drive, via a right -of- way along the boundary of Site 2 and 3 of the shopping centre. The site includes 83 proposed parking spaces. The proposal requires the Committee's consideration of several matters, including consideration of terms and conditions, proposed access to the lot and variances with respect to lot area, building setbacks, building height and on -site parking. Conditional Use While a hotel is permitted in the "SU Shopping Centre zone, it is subject to such terms and conditions as may be imposed by the Committee. With these types of developments, the major issue is site improvements such as paving, curbing, landscaping and other necessary site features. In this case, the development of the site is already subject to extensive Section 39 conditions with regard to these matters. The existing conditions require the submission of detailed site and building elevation plans for the approval of the Development Officer. Therefore, the imposition of additional conditions is not necessary. Approval of Access to the Proposed Lot The Subdivision By -law provides that all lots must front on a public street or such other access as may be approved by the Committee. It is necessary that the hotel development be located on a separate lot in order to allow transfer of ownership of the land to the hotel company. The proposed lot will be within the larger shopping centre and will, therefore, not have its own frontage on a public street. Access to the lot will be via a right -of -way over the shopping centre from Retail Drive, with the necessary cross agreements between the hotel and the developer. The creation of individual parcels in this manner within a shopping centre development (and also in many industrial situations) is not unusual. For example, both Sears and Sobeys in McAllister Place were approved to be on separate parcels that do not front on the street. Similar approvals were given by the Committee for the Home Depot area, although at this time all of those lots do front on Depot Court. Approval of the proposed access to the hotel lot can be supported. Variances The applicant has requested the approval of four variances with respect to the proposed hotel development, as listed on pages 1 -2 of this report. The variances are as follows: • Variance to permit a lot area of approximately 6000 square metres (1.5 acres), whereas the Zoning By -law requires a minimum lot area of 1 hectare (2.471 acres). While this specific lot does not meet the minimum area requirement, it will be developed and used in an integrated ' It should be noted that a lounge is not permitted in any event due to the proximity of the proposed lot to a Residential zone. Horizon Management Limited 310 -336 Westmorland Road Page 6 July 7, 2006 fashion with the larger shopping centre area that greatly exceeds 1 hectare. A similar approval was given in 2005 for Lot 05 -03 on Depot Court (located between CAA and Home Depot) on the basis that it will be developed as a component of the overall larger shopping centre development. Similarly, the requested variance for the hotel lot can be supported. Variances to permit a building setback of 7.65 metres (25 feet) from the northwest property boundary and 10.18 metres (33 feet) from the northeast property boundary, whereas the Zoning By -law requires a minimum building setback of 15 metres (50 feet) from all property boundaries. The proposed 10.18 -metre (33 -foot) setback is from a lot line that is internal to the overall shopping centre development and, therefore, it will not appear out of place or have any negative impact. The proposed 7.65 -metre (25 -foot) setback is from a lot line that, for most of its length, also abuts another part of the shopping centre development. However a portion (approximately 34 metres or 112 feet of its length) also abuts a property that is not part of the shopping centre. Generally, a reduced building setback from the outside edge of the shopping centre development, particularly when abutting a Residential zone, would not be supported. However the adjoining property in this instance is the large Fernhill Cemetery property and the affected portion is not likely to be developed residentially due to the ownership by the cemetery as well as the major power line easement. The applicant's site plan indicates that the area between the building and the lot line will only be used as a landscaped area. Based on these observations the variance can be supported. Variance to permit a building height of 4 storeys or approximately 16.8 metres (55 feet), whereas the Zoning By -law permits a maximum building height of 3 storeys or 11 metres (36 feet). The attached building elevation plan indicates that the proposed hotel will have an attractive facade; however, the height of the building is higher than the maximum for the zone by one storey or 5.8 metres (19 feet). The building will be set back over 500 feet from Westmorland Road and more than 650 feet from Retail Drive. The area behind the building, as noted above, is the large Fernhill Cemetery property and consists of the power line easement. The impact of the additional height will be minimized to a great extent by these factors and, therefore, approval of the variance can be supported. Variance to permit a 79 -room hotel with 83 on -site parking s paces, whereas the Zoning By- law requires a minimum of 149 on -site parking spaces for a building with 4180 square metres (45,000 square feet) of floor area. It should be noted that, in any other of the City's zones where a hotel is permitted, the minimum on -site parking requirement is one space per room (for a total of 79 spaces for a hotel like the one being proposed). The proposed parking meets the usual standard for a hotel. The variance is necessary in this case because the "SU Shopping Centre zone parking standard is based on the overall gross floor area and does not take into account variations in use. Provided that the use remains restricted to a hotel only (with no restaurant or lounge facilities), approval of this variance can also be supported. Horizon Management Limited 310 -336 Westmorland Road Other Outstanding Matters Page 7 July 7, 2006 In conjunction with the preparation of this report, it came to the attention of staff that the matter of the approval of the street name Retail Drive as well as its vesting as a public street, has not been dealt with by the Committee. This had been recommended to the Committee in March at the time of the original Municipal Plan amendment and rezoning of the 53 -acre area. However, because the Committee was recommending that the amendments not be approved, it did not deal with this matter. Since Council has approved the shopping centre, including the construction of Retail Drive and widening of Westmorland Road, it would be appropriate at this time for the Committee to give its approval for the street name and provide a recommendation with respect to the vesting of land for public street purposes, together with any required municipal services easements and public utility easements. The recommendation on page 2 -3 of this report includes these matters. CONCLUSION: The subject site is part of the larger shopping centre area and is proposed to be developed with a hotel on a separate lot. The site is already subject to detailed Section 39 conditions and, therefore, no additional terms and conditions are recommended. The proposed access to the lot via a right - of -way over the balance of the shopping centre is not an unusual situation in a shopping centre setting and can be supported. Similarly, the proposed variances appear appropriate and can be justified on the basis of the observations noted above. It should be noted that the parking variance can be supported only if the use of the site is restricted to a hotel with a maximum of 79 rooms. RGP /r Project No. 06 -219 Horizon Management Limited Page 8 310 -336 Westmorland Road July 7, 2006 Horizon Management Limited Page 9 310 -336 Westmorland Road July 7, 2006 Horizon Management Limited Page 10 310 -336 Westmorland Road July 7, 2006 Horizon Management Limited Page 11 310 -336 Westmorland Road July 7, 2006 The Mayor and Council Cite, of Saint John June 11, 2006 I am writing this letter concerning the work that has been going on in relation to the gas pipeline along Manawagonish Rd. and the damage; that has becn done to the sidewakl, in font of my home at 1852 Manawagonish Road As you are aware this street is one of the heaviest: traveled streets in the west side of the city and a main access for business travel to the outskirts of the city and beyond. i am also sending pictures of this damage showing large sections of sidewalk that has been ripped up and or damaged and as yet repaired. It needs to be pointed out that this sidewalk borders two major sub divisions in the west side and is used every day by a number of women pushing baby carriages and guiding small children to and from the pumpkin patch and because of the damage to this sidewalk are skirting this area and are pushing there baby carriages on the side of the street in a effort to avoid this damage It goes without saying that this now causes a safety concern not only with the people that live in this area, but to the city itself I am requesting through this letter that the city works dept. take over the repairs of this section of sidewalk to make sure that the damaged s"tions of sidewalk- are replaced as it is my fear that those responsible will only try to cover up these problems and the real damage will then become the responsibility of the city in the near .future. Yours trul Michael Haynes 2552 Manawagonish Rd Saint John N.B E2un3y5 672 -0825 $� �, i �. `� . f •a o f tl rr � 4 5 ri.,yr � s �, i' w��: 't�•4a"�ia. � i � ., � �v� A -n r r r . V C� k ,�V !r KL L�! ! Md 4 dF��irx! � { Y �•S hV J y ! ! ° +'� ?d. kc Ya F 4R� kE AL r { v i " < ih➢ �i all i �j .� r / I � � � f � � f �I / ' � , ' 1 '� _ /r ' � ' �'" _ �` ' , f � r l � ,� � ��- r s .� � � - •r• �� ter; � f � t. r ..wr ' , i /' � f �, �M � � � � r i �1 / / Saint john West Tusinm Assoc Inc' - Parade Committee f Fred Little, Committee Chairman 23 Main Street West ..� Saint John, NB, E2M 3M9 -- 506 -672 -8545 (Assoc) — 506- 738- 0990(home) www.sjwbe�hopwW.com NB Day Parade fpli ftQmgers.com June 26'/2006 Mayor and Council $'h floor City Hall Saint John N.B. Your Worship and members of Council, As you are aware the N.B. day Parade is being held on the West Side again this Year. Once again I would like to thank you all for your support of $ 1,000.00 towards this event. I would like to extend an invitation to you all to attend the parade and or send a official to represent the city in this event. As you are aware the parade is in honor of our Warbrides and would invite someone to say a few words on behalf of the city back at the Peter Murray Arena around 2:30 pm on August 7`'106. Thank you again for your consideration in this. Yours sincerely Fred Little Chairman Parade Committee June 26, 2006 To: Mayor Norman MacFarlane and the Common Council City of Saint John 15, Market Square C.P.1971 Saint John, NB E2L 4L1 E' • 111 Re: July 4, 2006 Agenda: Signage for the Tucker Park Beach It has come to the attention of a few citizens of Saint John that there is no signage for Tucker Park Beach; neither at the beginning of the road nor at the water front. The Conservation Council of New Brunswick held an event at Tucker Park Beach last year and it was noticed then that there was no signage, leaving people to their intuitions to locate the Park. Please receive this letter as a request to replace the signage to Tucker Park Beach on both the road and on the beach; please place this issue on the Common Council agenda for July 4`h, 2006. It is important for the citizens of Saint John to know where the park is. Thank you for your attention. r Alison ayton Saint John FuQndgy Chapter Conservation Council NB �1 � ` O } 3 NEW BRUNSWICK HISTORICAL, SOCIETY P.o. Box 6446, Station "A" Saint John, NB, EM 4R8 Common Council City of Saint John Your Worship and Councillors, Phone #- (506) 642 -0096 Fax #- (506) 634 -7423 2 U-0 C' The announcement the Federal Government will spent over a half of a million dollars for renewal and expansion at the Martello Tower site is a strong recognition that Martello Tower is a significant Historic feature in Saint John. The work being done will enable visitors to spend more time at the site and get more in depth information about the City's History. The New Brunswick Historical Society suggests it would be appropriate if the Common Council, representing all the citizens of Saint John, adopted a resolution of appreciation to the Federal Government for providing for the enhancement of one of Canada's National Historic sites and adopt a resolution requesting it to do so. To Mayor Norm McFarlane and Common Council, I am presently organizing a Health & Wellness Expo to take place on August 12th, 2006 at the Trade & Convention Center from 10:00am until 5:00pm. All proceeds are going to support the Saint Joseph's Hospital Foundation. The expo will provide a forum of multiple services and products available to aide in the promotion of healthy living practices. It will serve to raise awareness of risk factors that lead to disease and empower patrons to make informed decisions to improve their overall health and reduce health disparities. Professional speakers will emphasize the importance of physical activity, healthy eating and stress reduction. Improved health choices by citizens will inevitably result in reduced spending on health care including decreasing the 528 million dollars presently being spent on prescription drugs in New Brunswick. There will be approximately 40 exhibitors at the expo. A large media campaign will run inviting residents of the greater Saint John area to attend free of charge. All 1200 runners attending Marathon by the Sea that weekend will receive a personal invitation. The expo is being implemented with the assistance of Maritime Broadcasting and recently retired Peoples Rights Activists Bob Davidson. . I have noted that the City of Saint John has looked favorably on supporting worthwhile community events such as the Salty Jam Music Festival. Due to the high cost of this important event I would ask you to consider funding to offset some of the overhead expenses. Mr. Bob Davidson and I will contact you in the near future for a response. Thank you for your time and consideration. Si erely, a acieline Atwell Registered Nurse Atlantic Health Sciences Corporation O�'-_hf 56 ss lob July 12, ii Mayor and Council, Saint John,N.B. After reading last Wednesdays paper containing the information about the decision to charge for the parking at St Joseph hospital and it was to be managed by the Saint John Parking Commission,as a senior and past president of the Loyalist Zone and a user of St.Joseph I became very concerned. As many seniors are sent to St.Joseph by their Doctor for test,blood work, x-rays, etc, etc., this decision by Region 2 will cause an unnessary hardship on seniors trying to live or I should say get by on a fixed income. After making some inquires at Region 2 Health Board and coming to the conclusion that they are more concerned with making money then the concerns of Seniors or their welfare. As a senior I am wondering if this is also the only objective the the Saint John Parking Commission,make money no mater what. The question I would ask and like answered is this. As Mayor and Council elected to represent all of the citizens of Saint John and I assume have some say in what agreements that the Parking Commission enter into,(doesn't a council Member sit on the Parking commission ?) How do they justifiy an agreement which will cause an extra hardship on seniors? Yours Gerry A Hudson 3 Carleton Kirk PI.,Apt.,222. Saint John, N.B. e2m -5b8 12 July 2006 To: Mayor and Council of the City of Saint John From: Canaport Community Environmental Liaison Committee RE: THE SIGNIFICANT DETERIOATION TO THE EXISTING REDHEAD ROAD AS A RESULT OF THE CANAPORT LNG DEVELOPMENT Dear Mayor and Council, A as result of the heavy truck traffic required to travel the Redhead Road for the construction of the Canaport LNG Terminal, our primary community road has been significantly damaged. The committee has passed a motion requesting this letter be sent stating the committee's position regarding the issue. "Due to the heavy truck traffic traveling to the Canaport LNG terminal, the existing Redhead Road has suffered significant damage. We request the city and the province to fund the repairs to the road surface as soon as the new secondary access road now called the Mispec Road is completed." Respectfully Submitted, Canaport Community Environmental Liaison Committee - -mss. -- ers C c July 5, 2606 Amalgamated Transit Union Division No. 1182, Saint John, N.B. Dear Mayor McFarlane and Members of Common Council, On behalf of the Amalgamated Transit Union Local 1182, 1 am pleased to report that the Court of Queens Bench has ruled that the New Brunswick Superintendent of Pensions now has the power to make a decision on whether or not transit workers are actual employees of the City of Saint John. That means the City of Saint John can no longer use this technicality to block us from sharing in the City's pension plan. We respectfully request a meeting with you and the pension board to resolve this issue. As you know, Saint John Transit employees represented by the ATU have sought to gain acceptance into the city pension plan for several years. Although the transit commission has been a city owned and controlled commission for more than 25 years, transit workers have never been allowed to share in the benefits enjoyed by other civic employees such as the police and fire departments. We believe this legal battle to deny our access to the plan has been a huge waste of valuable City resources. We have also been left to finance our own pensions within a smaller group, while the city plan offers improved benefits and security. This unfair treatment was made more confusing by the failure of the superintendent of pensions to make a clear decision on our employee status. We understand that the city plan is currently challenged by financial market losses, but we believe accepting ATU members into the fund would actually increase revenues, making us part of the solution. There have been many recent improvements to buses and the city transit system in general. Now is the time to start with a clean slate by recognizing the transit workers as employees who are entitled to a fair pension. Please contact me at the number below to arrange a meeting at your earliest convenience to discuss how we can leave this unfortunate and wasteful process behind us. It is time to open the door for transit workers who are dedicated to the safe transportation of Saint John citizens. We will not be swept under the rug again and are willing to move forward professionally if you offer to respect us with the same consideration demonstrated by our provincial courts. Sincerely, � Tony Freake President, Amalgamated Transit Union, Local 1182 Saint John, N.B 646 -0441