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2010-08-03_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, August 03, 2010 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Approval of Minutes 1.1 Financial Matter 10.2(4)(c) 1.2 Pension Trustees Letter 10.2(4)(b) Regular Meeting 1. Call to Order - Prayer 5:45 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of July 14, 2010 3. Adoption of Agenda 3.1 Adoption of the Agenda August 3rd, 2010 3.2(a) Finance Committee: 2009 Audited Statements - General Fund 3.2(b) Finance Committee: 2009 Audited Statements -Water and Sewerage utility 3.2(c) Finance Committee: 2009 Audited Statements - Reserve and Trust Funds 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Wellness Network Request to Present (Recommendation: Endorse the Wellness Network's Health Promotion Strategy and Receive the Letter for Information) 5.2 Letter Re: Rockwood Park (Recommendation: Receive for Information) 5.3 Payment for Refinishing of Light Standards on Harbour Passage (Recommendation in Report) 5.4 Long Distance Services Schedule (Recommendation in Report) 5.5 Proposed Public Hearing Date, 237 Union St & 489 Sea St (Recommendation in Report) 5.6 Saint John 225 Committee: Imperial Theatre Contracts (Recommendation to Approve contracts) 5.6(a) Songwriters on Hazen 5.6(b) Jazz on Princess 5.6(c) Saint John Rocks 5.6(d) Saint John Rocks Country 5.7 Saint John 225: Artist Contract for Reunion 2010 Festival (Recommendation to Approve Contract) 5.8 Canada Games Aquatic Centre - Energy Conservation Measures (Recommendation in Report) 5.9 Watershed Land Aquisition 3rd Lake Rd. Baxters Corner (Recommendation in Report) 5.10 Design and Inspection Services Watershed Protection Facilities Phase IV (Recommendation in Report) 5.11 E. Teed letter: UNB Meteor Research Center (Recommendation: Receive for Information) 5.12 Non-Disclosure Agreement Between The City of Saint John and Irving Pulp and Paper Limited (Recommendation in Report) 5.13 Funding Request - Canadian Midget Girls Softball Championship (Recommendation in Report) 5.14 Effective Date Amendment - Microsoft Agreement (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Greater Saint John Gay Pride Week Festival August 6-15, 2010 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. Council Chamber 9.1(a) Proposed Zoning By-Law Amendment 4361 Loch Lomond Rd 9.1(b) Planning Advisory Committee Report Recommending Rezoning 10. Consideration of By-laws 10.1(a) Third Reading - Proposed Zoning By-Law Amendment 711-713 Manawagonish Rd 10.1(b) Section 39 Conditions 10.2(a) Third Reading - Proposed Zoning By-Law Amendment 120-148 City Rd 10.2(b) Section 39 Conditions 10.3 Third Reading - Street Closing By-Law Amendment Portion of Peel St 10.4 Third Reading - Street Closing By-Law Amendment Portion of Chipman St 11. Submissions by Council Members 11.1 Dumpsters in Public Rights-of-Way (Councillor Killen) 11.2 King Street / St. Patrick Street Intersection (Councillor Killen) 12. Business Matters - Municipal Officers 12.0 City Manager: Special Meeting of Common Council for P1anSJ Growth and Change Plan 12.1 City Manager: Completion of Fiscal Impact Analysis Work to Support the Growth and Change Options for P1anSJ 12.2 City Solicitor: Rockwood Park 12.3(a) City Manager: Excavation By-Law 123(b)City Solicitor: Excavation of Streets By Law and Related Amendments Report 123(c)City Solicitor: Excavation of Streets By-law and Schedule "A" 12.3(d)City Solicitor: Amendment to Public Streets By-law 13. Committee Reports 13.1 Annual Report - The City of Saint John Pension Plan 13.2 Planning Advisory Committee: Proposed Subdivision- 401 Westmorland Rd 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Saint John Fundy Conservation Council of NB 15.2 The Anglo Society of N.B. 16. Adjournment Ville de Saint John Seance du conseil communal Le mardi 3 aout 2010 Comite plenier 1. Ouverture de la seance 17 h - Salle de conference, 8e Rage, hotel de ville 1.0 Approbation du proc&s-verbal 1.1 Question financi&re - alin6a 10.2(4)c) 1.2 Lettre des membres du regime de retraite - alin6a 10.2(4)b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h 45 - Salle du conseil 2. Approbation du proces-verbal 2.1 Proc&s-verbal de la seance tenue le 14 juillet 2010 3. Adoption de l'ordre du jour 3.1 Adoption de l'ordre du jour le 3 aout 2010 3.2a) Comit6 des finances : Etats verifies de 2009 - Fonds d'administration 3.2b) Comit6 des finances : Etats v6rifi6s de 2009 - Reseau d'aqueduc et d'egouts 3.2c) Comit6 des finances : Etats v6rifi6s de 2009 -Fonds en fiducie et fonds de reserve 4. Divulgations de conflits d'interets 5. Questions soumises a 1approbation du conseil 5.1 Demande presentee par la Commission de mieux-etre de Saint John visant a se presenter devant le conseil (recommandation : approuver la strat6gie de promotion en mati&re de saute de la Commission de mieux-etre et recevoir la lettre a titre informatif) 5.2 Lettre concernant : Le parc Rockwood (recommandation : accepter a titre informatif) 5.3 Paiement de la refection des lampadaires du Passage du port (recommandation figurant au rapport) 5.4 Calendrier des services longue distance (recommandation figurant au rapport) 5.5 Date propos6e pour les audiences publiques visant le 237, rue Union et le 489, rue Sea (recommandation figurant au rapport) 5.6 Comit6 de Saint John 225 : Contrats au Theatre Imperial (recommandation d'approbation des contrats) 5.6a) Auteurs-compositeurs sur Hazen 5.6b) Jazz sur Princess 5.6c) Rock a Saint John 5.6d) Country a Saint John 5.7 Comit6 de Saint John 225 : Contrat d'artiste pour le festival Reunion 2010 (recommandation d'approbation du contrat) 5.8 Centre aquatique des Jeux du Canada - Mesures d'6conomie d'6nergie (recommandation figurant au rapport) 5.9 Acquisition de bien-fonds relative au bassin versant de la propri6t6 situ6e au chemin 3rd Lake a Baxters Corner (recommandation figurant au rapport) 5.10 Services de conception et d'inspection visant la phase IV du projet d'installations de protection du bassin versant (recommandation figurant au rapport) 5.11 Lettre de E. Teed : UNB Meteor Research Center (recommandation accepter a titre informatif) 5.12 Entente de non-divulgation entre The City of Saint John et la soci6t6 Irving Pulp & Paper (recommandation figurant au rapport) 5.13 Demande de financement - Championnat canadien midget f6minin de balle- molle (recommandation figurant au rapport) 5.14 Modification de la date d'entr6e en vigueur - Entente relative a Microsoft (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Festival de la semaine de la fiert6 du Grand Saint John, du 6 au 15 aout 2010 8. Delegations et presentations 9. Audiences publiques 19 h - Salle du conseil 9. la) Projet de modification de 1'Arr&6 de zonage visant le 4361, chemin Loch Lomond 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10. la) Troisieme lecture du projet de modification de 1'Arr&6 de zonage visant le 711-713, chemin Manawagonish 10. lb) Conditions impos6es par Particle 39 10.2a) Troisieme lecture du prof et de modification de 1'Arr&6 de zonage visant le 120-148, chemin City 10.2b) Conditions impos6es par Particle 39 103 Troisieme lecture du projet de modification de 1'Arr&6 concernant la fermeture de routes visant un tron~on de la rue Peel 10.4 Troisieme lecture du projet de modification de 1'Arr&6 concernant la fermeture de routes visant un tron~on de la rue Chipman 11. Interventions des membres du conseil 11.1 Bennes a rebuts dans les emprises publiques (conseiller Killen) 11.2 Intersection des rues King et St. Patrick (conseiller Killen) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.0 Directeur general : Reunion extraordinaire du conseil communal pour le plan de croissance et de changement du P1anSJ 12.1 Directeur general : Execution du travail d'analyse des repercussions fiscales pour soutenir les options de croissance et de changement pour le P1anSJ 12.2 Avocat municipal : Parc Rockwood 12.3a) Directeur general : Arrete concernant Pexcavation 12.3b) Avocat municipal : Arrete concernant Pexcavation des rues et le rapport des modifications connexe 12.3c) Avocat municipal : Arrete concernant Pexcavation des rues et Pannexe A» 12.3d) Avocat municipal : Arrete concernant la modification des rues publiques 13. Rapports deposes par les comites 13.1 Rapport annuel relatif au regime de retraite de The City of Saint John 13.2 Comite consultatif d'urbanisme : Projet de lotissement au 401, chemin Westmorland 14. Etude des sujets ecartes des questions soumises a 1'approbation du Conseil 15. Correspondance generale 15.1 Section de Saint John et Fundy du Conseil de la conservation du Nouveau-Brunswick 15.2 The Anglo Society of N.B. 16. Levee de la seance fi-T.- - a P j at~~j'~ d The City of Saint Jo August 3`d, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of August 3`d, 2010 contains the following items on the agenda: 1. Financial Matter 10.2(4)(c); 2. Personal Information 10.2(4)(b) Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of Council or committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion": 1. Employment Matter 10.2(4)(c): information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract. 2. Personal Information 10.2(4)(b) Respectfully Submitted, Jonathan Taylor Assistant Common Clerk SAINT JOHN P.O. Box 1971 Saint John, N Canada E2L 40 I wwwsainqohn.ca I CA 1971 Saint Jahn, N. s. Canada E21L 4L1 4 95-364 COMMON COUNCILICONSEIL COMMUNAL JULY 14TH, 20101LE 14 JUILLET 2010 COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN CITY HALL - JULY 14, 2010 - 6:30 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan, and Titus - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Reid, Chief of Police; W. Edwards, Commissioner of Building and Inspection Services; G. Mattsson, Peel Plaza Project Engineer; D. Logan, Manager of Materials and Fleet; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 13. Committee Reports 13.1 Committee of the Whole: Peel Plaza Police Headquarters On motion of Deputy Mayor Chase Seconded by Councillor Higgins RESOLVED that item 13.1 Peel Plaza Police Headquarters be tabled for 1 week. Question being taken, the motion was defeated with the Mayor and Councillors Court, Farren, McGuire, Sullivan and Titus voting nay. Referring to a submitted report, the City manager provided background information respecting the proposed police headquarters building at the Peel Plaza site. He outlined the desired outcomes of the project, the action that has been taken to date, the public input process, and the provincial participation and cost sharing agreement. Mr. Woods highlighted the financial analysis that was conducted for the Peel Plaza Project, including the capital costs, the debt impact, the capital borrowing, and the operating impact. He outlined the assumptions that were used and he presented the sensitivity analysis that was undertaken. He noted that the analysis indicates that the debt ratio of the City would be in an acceptable range and that it would not be adversely affected by the additional borrowing for the police building. In conclusion, Mr. Woods stated that based on the key assumptions, the favourable tender price, the availability of capital funds from other sources, and the long term benefit of the project, he is recommending that Council proceed to award the Police headquarter building tender. Responding to questions from Council, Mr. Woods stated the city would receive approximately $900,000 annually in property tax from the provincial justice complex building, noting that the city would not receive the full amount of tax money until the building is completed in 2012. The Police Chief responded to concerns that were raised by a Council member with respect to the proposed police building being larger that what is required by the police department, noting that the additional space in the new building is necessary to accommodate a 10 member integrated intelligence unit and a 26 member public safety communications centre. Councillor Titus called a point of order stating that Councillors should be asking questions rather than political grandstanding. The Common Clerk stated that Council members can debate issues without the requirement of asking questions, noting that the Chair controls the time limits of each speaker, to which the Mayor responded that the procedural by-law's 3 minute time limit for each speaker will be followed. Mr. Edwards was asked to comment on the potential funds that could be accessed by the city from the Federal government's Green Municipal Fund for the Peel Plaza police headquarters building. He explained that a grant of $110,000 and a loan of $700,000 95-385 COMMON COUNCILICONSEIL COMMUNAL JULY 5TH, 201011-E 5 JUILLET 2010 has already been confirmed for police building, noting that the city has requested additional funding and that a decision on this matter should be made by October 2010. Responding to a question regarding the tender price of the police building, Mr. Logan stated that the price is held firm for 60 days, noting that it is a stipulated price contract. Councillor McGuire raised a point of order in response to a council member's request to hold a vote on capping the police and fire department to a 1% budget increase for the years 2010 and 2011. The Mayor ruled that it would not be an appropriate motion for the present Council meeting. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Common Council award the tender for the Saint John Police Headquarters, Tender #2010-081201T, to Pomerleau Inc. in the amount of their submitted tender of $20,675,000 plus HST and that the Mayor and Common Clerk be authorized to sign all related contract documents. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Higgins and Farren voting nay. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 14 JUILLET 2010 A 18 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, McGuire, Mott, Snook, Sullivan, Titus et la conseillere Higgins et P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; W. Reid, chef de police, W. Edwards, commissaire aux services d'inspection et des batiments; G. Mattsson, ingenieur du projet de la place Peel; D. Logan, chef de I'approvisionnement et du part automobile; ainsi que E. Gormley, greffere communale, et J. Taylor, greffier communal adjoint. 13. Rapports deposes par les comites 13.1 Comite plenier : Quartier general du service de police A la place Peel Proposition du maire suppleant Chase Appuyee par la conseillere Higgins RESOLU que le point 13.1 Quartier general du service de police a la place Peel soit reporte pendant une semaine. A Tissue du vote, la proposition est rejetee. Le maire ainsi que les conseillers Court, Farren, McGuire, Sullivan et Titus votent contre la proposition. Se reportant A un rapport soumis, le directeur general presente des renseignements generaux sur le projet de quartier general du service de police a la place Peel. II mentionne les resultats escomptes clans le cadre du projet, les mesures prises jusqu'A present, le processus d'obtention des commentaires du public, ainsi que la participation du gouvernement provincial et 1'entente sur le partage des touts. M. Woods souligne ('analyse financiere qui a ete effectuee pour le projet de la place Peel, y compris les coots d'immobilisation, ('incidence du projet sur la capacite d'emprunt, 1'emprunt de capitaux et les repercussions d'exploitation. II explique aussi les suppositions qui ont ete faites et it presente I'analyse de sensibilite qui a ete entreprise. II fait remarquer que I'analyse indique que le ratio d'endettement de la Ville se situerait dans une place acceptable et qu'il ne serait pas touche negativement par 1'emprunt supplementaire pour le quartier general du service de police. Pour conclure, M. Woods recommancle, en fonction des suppositions cles, du prix de soumission favorable, de la disponibilit6 des capitaux permanents d'autres sources et de I'avantage 6 long terme du projet, que le Conseil accorde la soumission relative au 95-366 COMMON COUNCILICONSEIL COMMUNAL JULY 14TH, 20101LE 14 JUILLET 2010 quartier general du service de police En reponse aux questions posees par le conseil, M. Woods explique que la Ville recevrait chaque annee environ 900 000 $ en impot foncier du centre judiciaire provincial. II ajoute que la Ville ne recevrait pas I'integralite de cette somme avant la fin de la construction du batiment en 2012. Le chef de police repond aux preoccupations soulevees par un membre du conseil concernant le projet de quartier general du service de police etant plus grand que ce qui a ate demande par le service de police en expliquant que l'espace supplamentaire dans le nouveau batiment est necessaire pour accueillir un Groupe du renseignement integre forme de 10 membres et un Centre des communications de la securite publique ou travaillera 26 personnes. Le conseiller Titus souleve une objection a propos des conseillers qui devraient poser des questions et non parler pour la galerie. La greffiere communale declare que les membres du conseil peuvent debattre des questions sans ('obligation de poser des questions et que le president controle les limites de temps de chaque intervenant. Le maire repond que la limite de temps de trois minutes de I'arnR(e sur le reglement interieur accordee a chaque intervenant sera respectee. On a invite M. Edwards a commenter les fonds potentials dont la Ville pourrait recevoir des fonds provenant de 1'ecotaxe federale pour le quartier general du service de police a la place Peel. II explique qu'une subvention de 110 000 $ et un pr8t de 700 000 $ ont deja ate confirmes pour le quartier general du service de police. II ajoute que la Ville a demande du financement supplamentaire et qu'une declsion a ce sujet doit titre prise d'ici octobre 2010. En reponse a une question concernant le prix de soumission du quartier general du service de police, M. Logan explique que le prix de soumission est maintenu pendant 60 jours et qu'il s'agit d'un prix contractuel stipule. Le conseiller McGuire souleve une objection en reponse a la demande d'un membre du conseil de tenir un vote pour limiter, dans le cas des services de police et d'incendie, la hausse budgetaire a 1 % pendant les exercises 2010 et 2011, a laquelle le maire repond qu'il ne s'agit pas d'une proposition adequate pour la presente seance du conseil. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil communal accorde la soumission concernant le quartier general du service de police, soumission 2010- 0812017, a Pomerleau Inc., du montant offert de 20 675 000 $ (taxes en sus) et que le maire et la greffiere communale soient autorises a signer tous les documents connexes. A I'issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que le conseillers Farren et la conseillere Higgins votent contre la proposition. 16. Adjournment The Mayor declared the meeting adjourned at 8:45 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 20 h 45. Mayor/maire Common Clerk/greffiere communale The City of Saint John July 22, 2010 His Worship Mayor Ivan. Court And Members of Common Council Your Worship and Councillors: RE: 2000 Audited Financial Statements The 2009 audited financial statements for the following funds will be presented to Common Council on August 3rd, 2010: 1. City of Saint John General Fund 2. City of Saint John Water and Sewerage Utility 3. City of Saint John Reserve and Trust Funds Ernst & Young have audited these financial statements and their Auditor's Report is attached to each set of statements. Any questions related to the audit should be directed to the representatives of Ernst & Young who will be in attendance. As in previous years, it is suggested that questions relating to the operating results or financial position of the General Fund, the Utility or the Reserve and Trust Funds be directed to the Commissioner of Finance, Mr. Yeomans. This procedure will recognize management's responsibility for the finances of the City and the preparation of the financial statements. Your Finance Committee reviewed the financial statements with Finance Department staff and Ernst & Young representatives on July 22nd 2010. Upon completion of the presentation of these statements I will move the following motion: That the audited financial statements of the City of Saint John General Fund, Water and Sewerage Utility and the Reserve and Trust Funds for the year ended December 31, 2009 be approved as presented. Respectfully submitted, r Stephen Chase Chair Finance Committee _ 4 SAINT JOHN P.O. Box 1971 Saint John, NB Canada IE2L 40 @ wwwv.saintjohn.ca it C.P. 1971 Saint Jahn, 4V.-B. Canada E2L 4L1 8 CITY OF SAINT JOHN GENERAL FUND FINANCIAL HIGHLIGHTS FOR THE YEAR ENDED DECEMBER 31, 2009 Revenues Expenditures Surplus Other key items: 2009 2009 2008 Budget Actual Variance Actual 125,343,949 126, 839,847 1,495, 898 118,744,414 125,343,949 126,175,260 (831,311) 118,361,926 0 664,587 664,587 382,488 Additions to Capital Assets Long-term debt Interest on long-term debt Principal installments 2009 2008 29,886,260 27,107,570 74, 956,140 58, 947, 310 2,986,785 2,627,039 7,936,170 7,737,670 7/30/2010 Page 1 of7 9 CITY OF SAINT JOHN GENERAL FUND REVENUE ANALYSIS FOR THE YEAR. ENDED DECEMBER 31, 2009 Total budgeted revenue - for the year Total actual revenue - for the year Excess of actual versus budget - for the year Major variances: Miscellaneous revenue Police Services - Second',ments Police Services - Extra Duty Other Other revenues Miscellaneous Total fro miscellaneous Revenue from own sources Net total all other accounts Year end revenue variance (Page 19) 125,343,949 126, 839, 847 1,495,898 587,553 462,267 1,049,820 46,019 234,176 1,330,015 155,267 10,616 1,495, 898 7/30/2010 10 Page 2 of 7 The City of Saint John General Fund Analysis of Miscellaneous Revenue For the Year Ended December 31 Protective Services Budget 2009 Actual 2009 3,385 78,258 3,085 8,440 41,769 462,267 422,060 587,553 1,606, 816 12,854 28,550 1,825 21,200 22,223 86,652 0 9,473 104,128 409,176 10,938 70,000 6,670 8,690 60,113 13,001 413,547 218,291 801,247 Clearance Letters 4,000 Regional Hazmat 70,000 Lodge Prisoners 3,000 Accident Reports 11,000 Police - Other 35,000 Extra Duty 0 Emergency Dispatch 425,230 Police Secondments 0 548,230 Other Planning & Building Services Planning Fees 25,000 GIS Services 25,000 Tenders 500 Rezoning Applications 20,000 Other Licenses & Permits 112,000 82,500 Other Mechanical & Carpentry 0 Sale of Used Equipment 5,000 Partnerships with Tourism 75,500 Miscellaneous 175,000 Actual 2008 18,72(8y 14,210 4,675 26,566 24,794 88,973 13,205 1,974 90,612 500,817 255,500 522,777 606,608 886,230 2,216,245 1,496, 827 7/30/2010 11 Page 3 of 7 CITY OF SAINT JOHN GENERAL FUND EXPENDITURE ANALYSIS FOR THE YEAR ENDED DECEMBER 31, 2009 Total budgeted expenditures - for the year Total actual expenditures - for the year 125,343,949 125,175,250 Excess of actual versus budget - for the year (831,311) Major variances: General Government City Manager's Office (398,135) City Solicitor's Office (147,553) (545,598) Protective Services Police protection (1,105,069) Fire protection (other than water supply) 412,469 Water Supply for Fire Protection 205,000 Emergency Dispatch 396,518 (91,982) Transportation Roads & streets (2,119,784) Storm Sewer 703,424 Public Transit - Operating subsidy 208,958 (1,207,402) Environmental Services Research and Planning 149,430 Administration and GIS 155,921 Real Estate Management 217,041 Market Square Common Area 139,478 City Market 145,831 807,701 7/30/2010 Page 4 of 7 12 CITY OF SAINT JOHN GENERALFUND EXPENDITURE ANALYSIS FOR THE YEAR ENDED DECEMBER 31, 2009 Recreational & Cultural Services Administration (123,748) Arenas (128,320) (252,068) Fiscal charges Short-term interest 132,974 Debenture interest 669,666 Debenture issue fees 193,559 996,199 (293,250) Unusual items: Adjustment to Heart & Lung Liability (1,512,236) Adjustment to vacation accrual (254,844) Adjustment to Retirement Allowance 217,161 Correction of Fringe Benefit costs 423,651 Life Insurance Premium recovery 1,113,176 Accrual for Fire Arbitration (867,068) (880,160) Net of all other variances 342,099 Year end expenditure variance (831,311) 7/30/2015 13 Page 5 of7 CITY OF SAINT JOHN WATER & SEWERAGE UTILITY FINANCIAL HIGHLIGHTS FOR THE YEAR ENDED DECEMBER 31, 2009 2009 2009 2008 Budget Actual Variance Actual Revenues Charges to customers 29,927,735 29,196,493 (731,242) 25,943,716 Charges to General Fund 3,290,000 2,955,000 (335,000) 2,771,142 Total revenues 33,217,735 32,151,493 (1,066,242) 28,714,858 Operating expenditures 18,337,325 17,992,133 345,192 17,415,4 47 Fiscal charges 14,892,232 14,020,886 871,346 y 11 ,530,903 Total expenditures 33,229,557 32,013,019 1,216,538 28,946,350 Excess revenue of previous years 11,822 11,822 0 113,659 Surplus 0 150,296 150,296 (117,833) Other key items: Additions to Capital Assets Long-term debt Interest on long-term debt Principal installments 2009 2008 30,194,121 10,148, 961 46,279,000 45,504,000 2,160,790 2,167,168 5,725,000 5,803,000 7/30/2010 14 Page 6 of7 CITY OF SAINT JOHN WATER & SEWERAGE UTILITY EXPENDITURE ANALYSIS FOR THE YEAR ENDED DECEMBER 31, 2009 Total budgeted expenditures - for the year 33,229,557 Total actual expenditures - for the year 32,013,019 Excess of budget versus actual - for the year 1,216,538 Major variances: Operating expenditures: Water Purification & Treatment 143,153 Water Transmission & Distribution (260,948) Wastewater Collection (258,704) Wastewater Treatment 199,358 Administration 381,330 204,189 Fiscal charges: Short-term interest 267,947 Debenture interest 448,678 Debenture issue fees 173,551 890,176 Net of all other variances 122,173 Year end expenditure variance 1„216,538 7/30/2010 Page 7 of 7 15 FINANCIAL STATEMENTS The City of Saint John General Fund December 31, 2009 16 CONTENTS Auditors' Report Operating Fund Balance Sheet Operating Fund Statement of Revenue and Expenses Page Operating Fund Statement of Equity 4 Capital and Loan Fund Balance Sheet Capital and Loan Fund Statement of Equity 6 Statement of Source and Application of Capital Financing 7 Notes to Financial Statements Operating Fund Schedule of Revenue Items Operating Fund Schedule of Expense Items 8-17 18-19 20-25 17 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John General Fund as at December 31, 2009 and the related statements of revenue and expenses, equity and source and application of capital financing for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as'well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of The City of Saint John General Fund as at December 31, 2009 and the results of its operations and the source and application of its capital financing for the>year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of The City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, June 18, 2010. Chartered Accountants 18 The City of Saint Jahn General Fund OPERATING FUND BALANCE SHEET As at December 31 2009 2008 Page _ $ $ ASSETS Cash and short-term deposits - 9,095,204 Accounts receivable 7,699,479 5,824,570 Due from associated entities Water and Sewerage Capital and Loan Fund 8,423,735 1,244,876 Water and Sewerage Utility Operating Fund 3,274,070 3,796,275 Saint John Transit Commission 208,958 - 5 General Capital and Loan Fund 13,280,032 8,362,829 City of Saint John-Pension Fund - 6,215 Saint John Non Profit Housing Inc. - 350,000 Inventory of materials and supplies, at the lower of cost and replacement cost 772,562 717,177 14 Deferred expense-Pension [note 4] 3,227,724 4,841,587 Prepaid expenses 433,470 851,190 Long term receivable 335,684 - 37,655,714 35,089,923 LIABILITIES AND EQUITY Bank Overdraft 302,389 - 14 Accounts payable and accrued liabilities ('4,164,677 13,264,924 10 Other payables [note 2] 8,570,880 7,197,336 Interest payable on long-term debt 540,363 555,601 Due to associated entities Saint John Parking Commission 4,461,018 4,281,518 Power Commission of the City of Saint John 12,259 12,259 Harbour Station Commission 22,021 22,021 The City of Saint John-Pension Fund 58,816 - Saint John Transit Commission - 316,460 Deferred revenue 888,202 650,962 Computer replacement fund 828,737 733,164 Fleet replacement fund 1,719,572 1,022,485 I 1 Long-term debt note 3 5,040,000 6,720,000 36,608,934 34,776,730 4 Equity 1,046,780 313,193 37,655,714 35,089,923 See accompanying notes Approved by: Mayor Chair of Finance Committee 19 The City of Saint John General Fund OPERATING FUND STATEMENT OF REVENUE AND EXPENSES As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ $ REVENUE Property taxes 98,306,534 98,306,534 90,624,562 Unconditional grant Province of New Brunswick 19,499,823 19,499,823 19,499,823 18 Sale of goods and services 1,115,800 1,144,283 1,101,617 19 Other revenue from own sources 5,235,562 5,390,829 5,735,950 19 Conditional grants from other governments 300,000 282,133 285,635 Miscellaneous revenue _ 886,230 2,216,245 1,496,827 Total revenues 125,343,949 126,839,847 118,744,414 EXPENSES 20 General government services 11,971,313 12,312,312 10,592,508 21 Protective services 48,741,022 48,732,077 45,799,875 22 Transportation services 25,393,489 26,781,492 25,128,391 Environmental health services 4,089,994 3,906,587 4,020,851 23 Environmental development services 10,117,55 9,293,007 9,327,936 24 Recreational and cultural services 8,485,380 8,596,585 7,977,037 25 Fiscal services 16,476,186 16,484,200 16,573,226 4 Excess of expenses (revenues) second previous year 0,000 69,000 (1,057,898) Total expenses and fiscal services- 125, 343,949 126,175,260 118,361,926 Excess of revenues over expenses for the year - 664,587 382,488 See accompanying notes 3 20 The City of Saint John General Fund OPERATING FUND STATEMENT OF EQUITY Year ended December 31 2009 2008 Equity, beginning of year 313,193 988,603 3 Excess of revenues over expenses for the year 664,587 382,488 977,780 1,371,091 3 Excess of revenues over expenses (expenses over revenues) second previous year 69,000 (1,057,898) 2 Equity, end of year 1,046,780 313,193 See accompanying notes 4 21 The City of Saint John General Fund CAPITAL AND LOAN FUND BALANCESHEET As at December 31 2009 2008 Page $ $ ASSETS Due from associated entities Water and Sewerage Operating Fund 7,664 7,664 Water and Sewerage Utility Capital and Loan Fund 83,557 - Saint John Parking Commission 19,947 19,947 Saint John Transit Commission 9,829,954 92,312 9,941,122 119,923 Investments in shares of wholly-owned company, Saint John Industrial Parks Ltd., at cost 994 994 12 Land, buildings, plant and equipment and engineering structures (note 37 475,220,176 445,333,916 485,162,292 445,454,833 LIABILITIES AND EQUITY 11 Debenture debt (note 3] 73,364,000 58,726,600 11 Other long-term debt (note 31 Canada Mortgage and Housing Corporation 1,445,000 - Saint John Parking Commission 147,140 220,710 Deferred contributions 6,044,094 2,052,206 2 General Operating Fund 13,280,032 8,362,829 94,280,266 69,362,345 6 Equity 390,882,026 376,092,488 485,162,292 445,454,833 See accompanying notes Approved by: Mayor Chair of Finance Committee 22 The City of Saint John General Fund CAPITAL AND LOAN FUND STATEMENT OF EQUITY As at December 31 2009 2008 Page $ $ Equity, beginning of year 376,092,488 359,525,068 Debt repaid by the General Operating Fund Debenture debt 7,862,600 7,664,100 Saint John Parking Commission 73,570 73,570 7,936,170 7,737,670 Contributions in aid of construction Provincial Government 3,788,511 4,762,780 Federal Government 21,443 191,808 Other 1,623,044 3,895,796 5,432,998 8,850,384 Proceeds of land sales in excess of estimated cost 394,085 382,499 Capital projects financed by the General Operating Fund 942,391 1,132,113 Fixed assets purchased by the General Operating Fund 1,391,882 2,717,589 Contribution to Saint John Transit Commission (1,3 07,988) (4,252,835) 5 Equity, end of year _ 390,882,026 376,092,488 See accompanying notes 23 The City of Saint John General Fund STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Actual Actual 2009 2008 Source Bond Issue 23,945,000 14,000,000 Contributions in aid of construction Federal Government 21,443 191,808 Provincial Government 3,788,511 4,762,780 Other 1,623,044 3,895,796 Fixed assets purchased by the General Operating Fund 1,391,882 2,717,589 Capital projects financed by the General Operating Fund 942,391 1,132,113 Proceeds on land sales in excess of estimated cost 394,085 382,499 Debt repaid by the General Operating Fund 7,936,170 7,737,670 Increase in amount due to the General Operating Fund 4,917,203 6,752,575 Deferred contributions 3,991,888 1,775,749 48,951,617 43,348,579 Application Capital expenditures 29,886,260 27,107,570 Debt repayment 7,936,170 7,737,670 Increase in amounts due from associated entities 9,821,199 102,597 Decrease in amount due to Water and Sewerage Utility Capital and Loan Fund - 1,253,713 Decrease in amount due to associated entities - 2,894,194 Contribution to Saint John Transit Commission 1,307,988 4,252,835 48,951,617 43,348,579 See accompanying notes 24 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 1. ACCOUNTING POLICIES These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Local Government. Financial statement presentation The General Fund financial statements of The City of Saint John (the "City") have been prepared in accordance with the fund basis of accounting. The Operating Fund reflects the City's working capital and results of operations and the Capital and Loan Fund reflects its investment in fixed assets and outstanding long-term debt. Fixed assets and depreciation Fixed assets are initially recorded at cost. Funds received through capital assistance programs, cost-sharing arrangements or loan fQrgivenessare treated as additions to equity in capital assets, except where the asset was acquired under the Urban Renewal Program. In these cases, the funds received are netted against the asset cost. The City does not record depreciation on its fixed assets, but an amount equal to annual debt repayment is charged to operations and credited to equity in capital assets. The City also charges to operations all capital projects that are financed in the current year from operating funds. Accrual accounting The City follows the accrual method of accounting for revenue and expenses. 25 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 1. ACCOUNTING POLICIES [Cont'd] Accounting for second previous year's operating results Section 89 of the Municipalities Act of New Brunswick requires that the excess of revenue over expenses for a fiscal year be included in revenue in the second ensuing year and that similarly, the excess of expenses over revenue for a fiscal year be included in expenses in the second ensuing year. Accounting estimates The preparation of financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting periods. Actual results could differ from those estimates. Financial instruments The carrying value of the City's financial instruments other than long-term debt approximate fair value because of their'short-term maturity and normal credit terms. The City's accounts receivable do not represent significant concentration of credit risk because the accounts are owed by a large number of ratepayers on normal credit terms. As long-term debt is arranged with the Province of New Brunswick and is not renegotiable, the fair value of long-term debt, affected by possible changing interest rates, has not been determined. At year-end, the City did not have any exposure relating to derivative instruments. 9 26 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 2. OTHER PAYABLES 2009 2008 S $ Heart and lung liability 3,362,000 2,089,000 Vacation pay 2,480,880 2,226,036 Retirement allowance 2,728,000 2,882,300 8,570,880 7,197,336 The City pays certain amounts to disabled firefighters and their spouses as a result of the provisions of an Act of the Legislature, known as the Heart and Lung Act. An actuarial review of this plan was completed as at December 31, 2009. The estimated actuarial present value of benefits at December 31, 2009 amounts to $3,362,000. This review only covers current claimants and does not include possible future claims. The City has provided for vacations earned but not paid. Employees upon retirement from the City of Saint Jolvl aft entitled to a retirement pay allowance equal to one month's pay, to a maximum of six months, for every five years of service. The program has been amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitleinent for those employees. Employees of Local 18 hired after June 1, 1998 and Management employees hired after March 23, 2009 are not eligible for retirement allowance, now or in the future. These policies are established in the Local 18 collective bargaining agreement and the Management terms and conditions of employment. 10 27 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 3. DEBENTURE AND OTHER LONG-TERM DEBT Debentures consist of the following: Year of Interest Term 2009 2008 Issue Rate Years Balance Balance 1999 5.200 to 5.750 10 - 862,600 2000 6.100 to 6.400 10 664,000 1,328,000 2001 2.450 to 5.500 10 1,010,000 1,515,000 2002 3.375 to 5.750 10 2,388,000 3,184,000 2003 3.050 to 5.000 10 4,536,000 5,670,000 2003 2.750 to 5.125 10 2,376,000 2,970,000 2004 2.750 to 4.800 10 7,875,000 8,662,000 2005 3.750 to 4.375 10 5,208,000 5,681,000 2006 4.150 to 4.450 10 8,801,000 9,534,000 2007 4.450 to 4.850 10 4,940,000 5,320,000 2008 3.300 to 4.850 10 5,133,000 8,500,000 2008 2.100 to 5.550 15 7,933,000 5,500,000 2009 1.000 to 4.500 10 8,500,000 2009 0.950 to 5.000 10 14,000,000 Debenture Debt 73,364,000 58,726,600 Other long-term debt consists of the following: Year of Interest Issue rate Term Years 2009 Balance 2008 Balance Province of New Brunswick 2007 4.36 5 5,040,000 6,720,000 Saint John Parking Commission 2005 2.75 7 147,140 220,710 Canada Mortgage and Housing Corporation 2009 3.97 15 1,445,000 - Other long-term debt 6,632,140 6,940,710 I1 28 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 3. DEBENTURE AND OTHER LONG-TERM DEBT [Cont'd] The aggregate amount of principal payments required in each of the next five years is as follows: 20W 0 10,3 83,262 2011 9,719,262 2012 9,140,692 2013 6,664,692 2014 8,876,692 Fixed assets include an amount of $19,106,726 (2008 - $17,769,941) for which financing has not been arranged at year-end. 4. PENSION PLAN A. OVERVIEW The City provides pension benefits to employcc' in accordance with the provisions of the revised City of Saint John Pensinn Act as enacted on May 12, 1994 and last amended on April 28, 2001. The plan is,administered by a Board of Trustees, representing Common Council, tnanagexnent, unionized employees and retired employees. Prior to May 1994, the plan was governed by The City of Saint John Pension Act. 1970. The plan is subject to the provisions of the New Brtenswick Pension Benefits Act cvh ich became effective January 1, 1992. The plan is a defined benefit plan which provides for pensions based on length of service and rate of pay. Both the City and the employees make contributions to the plan. The City's contribution limits are fixed by legislation at a minimum amount of 7% of employee earnings. The City is currently contributing at a rate of 16.08% of salary. Effective May 1, 2007, the employee contribution rate was changed from 8.5% to 10.5% of pensionable earnings. The additional 2% employee contributions will be made until the sooner of May 1, 2010 or the date at which the going concern unfunded liability has been eliminated. The City charges all of its contributions to expense in the year the contribution is made. The amount contributed for employees, other than those funded by the Water and Sewerage Utility, for 2009 amounted to $8,530,624 (2008 - 57,958,994). 12 29 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 4. PENSION PLAN [Cont'd] B. ACTUARIAL INFORMATION The 2006 actuarial valuation indicated the present value of accumulated plan benefits to be $396,778,000 and the adjusted market value of net assets available to provide benefits to be $365,763,100 with an estimated unfunded liability of $31,014,900 on a going concern basis. As of December 31, 2006, the liabilities on a solvency basis were greater than the solvency assets by $106,832,800. The 2006 valuation has been updated by extrapolation to December 31, 2009 and the results indicate that the accumulated plan benefits now exceed the adjusted market value of assets available to provide benefits, resulting in a deficiency of $121,035,995 on a going concern basis. The 2009 actuarial valuations is now in progress. This valuation relates to the entire plan, which includes employees funded through both the General Fund and the Water and Sewerage Utility. Current costs and special funding payments are allocated to each fund on the basis of a percun tage of payroll. C. DUE TO THE PENSION PLAN The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption is requested to fund over a period of no more than fifteen years, or the period to December 31, 2018, whichever is shorter, or an exemption from making solvency payments is granted. In 2007, the exemption from making solvency special payments to the pension plan was sought and received. As a result of receiving this exemption, there is no longer solvency funding due from the City as at December 31, 2007. During 2009, the City paid the plan an amount of $2,721,547, which represented required special funding and interest on a going concern basis (2008 - $2,623,662). The General Fund's share of this amount for 2009 is $2,404,487. The City is required to make special going concern payments until 2018. 13 30 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 4. PENSION PLAN [Cont'di During 2006, the City of Saint John paid the plan an amount of $12,553,100, which represented required special funding and interest on a going concern basis for the years 2004 to 2006. The General Fund's share of this amount was $10,759,262, of which an amount of $1,200,000 was expensed in 2005, $1,489,949 was expensed in 2006, and $1,613,863 was expensed in 2007, 2008 and 2009, leaving an unamortized balance of $3,227,724. The City received approval to amortize this expense over a period ending in 2011. 5. COMMITMENTS Saint John Transit Commission During 1979, the Saint John Transit Commission [the "Commission"] was created by an Act of the Legislative Assembly of New Brunswick. Under provisions of the Act, the Commission has the authority to maintain and operate a public transit system within the City of Saint John, with all operating losses and debt charges being funded by the City. The City is also liable for the debentures issued on behalf of the Commission which at December 31, 2009 amounted to $10,399,000 (2008 - 4,430,400). The Greater Saint John Economic Development Coudnission, Inc. During 1998, the Greater Saint John Economic Development Commission, Inc, was incorporated. The Articles of Incorporation provide a funding formula for costs to be shared by the participating, niunicipatities. The participating municipalities are the Town of Quispainsis; the Town of Rothesay, the Town of Grand Bay-Westfield, and the City of Saint John. Greater Saint John Regional Facilities Commission During 1998, the Greater Saint John Regional Facilities Commission [the "Commission"] was created by an Act of the Legislative Assembly of New Brunswick. Under the provisions of the Act, the Commission has the authority to determine the annual amount of the total municipal contribution to be made towards the operation of five regional facilities: the Canada Games Aquatic Centre, Harbour Station, the Saint John Trade and Convention Center, the Imperial Theatre and the Saint John Arts Centre. Under the provisions of the Act, the City's contribution is its pro rata share of the Commission's operating budget based on the tax bases of the participating municipalities. The participating municipalities are the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay-Westfield, and the City of Saint John. 1 31 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 5. COMMITMENTS [Cont'd] Market Square Central Building Complex - Lease Agreements The Central Building Complex of the Market Square Project was opened to the public in May 1983. This complex includes the library, trade and convention center, parking garage and retail and commercial space. Under the terms of three sixty-six year leases, the City is responsible for the proportionate share of the complex's common area operating expenses, including property taxes, related to the library, trade and convention centre and parking garage. Collective agreements There are provisions within a number of collective agreements between the City and bargaining units representing its employees that commit the City to the future expenditure of funds. The Agreement with CUPE Local 18, representing the City's outside workers, commits the City to employ a minimum of,293 employees at an approximate annual expenditure of $13,600,000. This Agreement expires on December 31, 2010. The Agreement with CUFF, Local 186, representing the City's inside workers, has a no-lay-off prozvision related to all employees hired prior to August 9, 1985, resulting in an approximate annual expenditure of $1,800,000. This Agreement expired on December 31, 2007 and was subsequently renewed on August 5, 2008, for the years 2008-2011. In addition, the Collective Agreement between the Saint John Board of Police Commissioners and CUPE Local 61, representing the City's Police Officers, contains a no-fay-off provision resulting in an approximate annual expenditure of $10,059,000. This Agreement expired on June 30, 2007 and was subsequently renewed on July 29, 2008, expiring on June 30, 2010. University funding In June of 2005, the City approved a grant of $2,000,000 to the University of New Brunswick, Saint John campus [the "University"]. This funding to the University's campaign "Forging Our Futures" is paid in cash and/or in kind over a period of 10 years commencing in 2006. 15 32 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 6. CONTINGENCIES The City is liable for the debentures and other long-term debt issued on behalf of its self-supporting entities: The Water and Sewerage Utility has outstanding debt as of December 31, 2009 in the amount of $46,279,000 (2008 - $45,504,000). In accordance with the Clean Environment Act, the City is also liable for a pro rata share of the debentures and other long-term debt issued on behalf of the Fundy Solid Waste Commission. The portion attributable to the City is determined on the basis of its percentage of total population within all participating municipalities and unincorporated areas. The total of such debt outstanding at December 31, 2009 amounted to $9,530,000 (2008 - $11,279,000). Based on 2003 population figures, the City is liable for approximately 55% of the Commission's debt. A labour arbitration award in 2008 concluded that persons receiving a disability pension under the City of Saint John Pension Act reinained City employees. The award was made in the context of persons whose disability-pensions were terminated in 2007 and the potential impact of the award is retroactive to that time. The award was unsuccessfully challenged in the Court of Queen's Bench by the City and the Queen's Bench Decision has been appealed to the New Brunswick Court of Appeal. The City believes that it has a reasonal le prospect of succeeding in its appeal. The City has recorded a contingent liability. The City may be, from time to time, subject to various investigations, claims and legal proceedings covering various matters that arise in the ordinary course of its business activities. Management believes that any liability that may ultimately result from the resolution of these matters will not have a material adverse effect on the financial position or operating results of the City. 1 33 The City of Saint John General Fund NOTES TO FINANCIAL STATEMENTS December 31, 2009 7. RESTRICTIONS ON MUNICIPAL BORROWINGS Section 89 of the Municipalities Act of the Province of New Brunswick restricts a municipality's borrowings for operating purposes to less than 4% of the operating budget of the municipality, and to less than 2% of the assessed value of real property in the municipality for capital purposes. Borrowings by the General Operating Fund and the General Capital and Loan Fund are within these legislative restrictions. 8. INTER-FUND ACCOUNTS All inter-fund accounts at December 31, 2009 represent current transactions and are in compliance with the policy established by the Department of Local Government. 9. TRANSACTIONS WITH THE CITY OF SAINT JOHN WATER AND SEWERAGE UTILITY [the "Utility"] The General Operating Fund reimbursed the Utility Operating Fund an amount of $2,045,000 (2008 - $1,853,126) for water supply for fire protection and $910,000 (2008 - $918,016) for storm sewerage charges. The General Operating Fund charged the Utility Operating Fund an amount of $1,551,000 (2008 - $1,367,000) for its share of general government operating costs. Charges for the provision of direct services between funds are not reflected in these amounts. Interest is charged on the balances between the General Fund'and the Utility on a monthly basis. 10. UNRESTRICTED DEPOSIT ACCOUNT. The City and its employees participat4 in a; group life insurance plan which has a potentially refundable component, the Unrestricted Deposit Account ("UDA"), based on actual plan experience. Annually, a°portion of any excess of premiums paid over claims experience is eligible to be refunded to the City and its employees. Both the City and employees pay premiums into this plan. The UDA has accumulated $1,484,234 of eligible refundable premiums during the years 2004 to 2009. The City has recorded accounts receivable of $1,148,550. The remaining amount of $335,864 is recorded as a long term asset as the City intends to hold this amount to fund future potential premium increases. Of this amount $1,113,176 has reduced current payroll costs and the remaining $371,058 is recorded as due to employees. The due to employees will be used to offset future employee rate increases. The City will review the balances in the UDA annually. 11. COMPARATIVE FIGURES The comparative financial statements have been reclassified from statements previously presented to conform to the presentation of the 2009 financial statements. 17 34 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (1 of 2) As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ $ Sale of Goods and Services Protective services Point Lepreau 40,000 40,000 40,000 Training - 43,489 27,143 Garbage collection and disposal 5,000 140 - Recreational and cultural 779,800 799,287 809,247 Administrative service Pension Fund 200,000 163,367 138,227 Housing Operations 46,000 46,000 45,000 Saint John Transit Commission 45,000 45,000 42,000 Industrial Parks - , 7,000 - 3 1,115,800 1,144,283 1,101,617 18 35 The City of Saint John General Fund OPERATING FUND SCHEDULE OF REVENUE ITEMS (2 of 2) As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ Other Revenue from Own Sources Licenses and permits Business and other 79,050 101,220 99,315 Building 1,560,000 1,522,894 1,707,849 Plumbing 100,000 99,392 128,484 Gas pipeline 16,500 97,522 36,564 1,755,550 1,821,028 1,972,212 Fines and parking Parking and traffic violations 651,000 765,062 598,137 Parking meters 852,500 783,138 793,977 Market Square Parking Garage 1,037,012 1,094,041 1,025,928 2,540,51.2 2,642,241 2,418,042 Rentals Market 485,000 540,417 491,830 Land and buildings 204,500 161,838 186,737 689,500 702,255 678,567 17 Short-term interest[notc 9] 250,000 225,305 667,129 3 5,235,562 5,390,829 5,735,950 Conditional Grants from Other Governments Provincial government and agencies Transportation services - highways 300,000 282,133 285,635 3 300,000 282,133 285,635 19 36 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (1 of 6) As at December 31 Page Budget 2009 Unaudited $ Actual 2009 $ Actual 2008 $ General Government Services Legislative Mayor's Office 220,196 188,883 174,204 Common Council 564,917 561,431 419,075 General Administrative City Manager 536,310 934,445 515,002 Vision 2015 717,306 617,417 527,066 Common Clerk 827,770 799,429 721,437 Solicitor 757,232 904,795 738,318 Corporate Services Finance 1,719,170 1,630,533 1,449,811 Human Resources 1,413,659 1,474,983 1,368,352 Materials Management 1,081,714 1,161,877 1,113,445 Information Systems & Support 1,935,963 1,868,762 1,628,199 Communications 538,557 459,883 237,380 Common Services City Hall Building 1,480,015 1,583,686 1,691,884 Other General Government Services Property Assessment 1,101,474 1,101,474 1,009,743 Public Liability Insurance 670,000 575,714 365,592 13,567,313 13,863,312 11,959,508 17 Deduct administrative costs allocated to the Water and Sewerage Operating Fund (mote 91 (1,596,000) (1,551,000) (1,367,000) 3 11,971,313 12,312,312 10,592,508 20 37 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (2 of 6) As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ Protective Services Police Protection 21,935,041 23,041,110 21,214,898 Fire Protection Salaries and other operating costs 20,352,440 19,939,971 19,254,186 17 Water supply (note 91 2,250,000 2,045,000 1,853,126 Emergency Measures Emergency Measures Organization 308,936 243,097 229,335 Emergency Dispatch Centre 2,165,982 1,769,364 1,666,060 Other Protection Building Inspection 1,584,-1,7, 1,549,533 1,445,125 Animal Rescue League 143,850 144,002 137,145 3 48,741,122; 48,732,077 45,799,875 21 38 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (3 of 6) As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ $ Transportation Services Common Services Mechanical 691,131 1,087,502 804,683 Administration 1,967,634 1,789,196 1,771,975 Engineering 439,598 413,373 359,516 Road Transport Roads and Streets 11,755,267 13,875,051 12,978,114 Street Lighting 1,000,000 994,116 983,888 Traffic Services 1,525,634 1,499,593 1,276,507 Parking 478,654 482,316 479,346 17 Storm Sewer [mote 9] 2,518.121 1,814,697 1,666,157 14 Public Transit [note 5] Operating Subsidy 4,242,921.1 4,033,963 4,129,712 Interest expense and capital debt retirement 774,52 791,685 678,493 3 25,393,489 26,781,492 25,128,391 22 39 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (4 of 6) As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ $ Environmental Development Services Research and Planning 1,269,760 1,120,330 877,203 Administration and GIS 770,044 614,123 743,781 Real Estate Management 1,420,890 1,203,849 1,392,121 Market Square Corporation 280,000 280,000 296,028 Environment Committee 4,520 1,465 4,048 Heritage Development Board 231,746 239,221 211,309 14 Greater Saint John Economic Development [note 51 427,319 427,319 437,616 Saint John Industrial Parks 315,000 315,000 275,000 15 Market Square Common Area [note 51 1,992,535 1,853,057 1,769,228 Growth Strategy Initiative 25,000 25,000 25,000 15 Regional Facilities Commission (note 51 1,496,04 1,512,207 1,599,389 Tourism and Communications 1,000,706 963,267 894,626 City Market 884,000 738,169 802,587 3 10,117,505 9,293,007 9,327,936 23 40 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (5 of 6) As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ $ Recreational and Cultural Services Recreational Administration 817,335 941,083 883,555 Pro Kids 78,170 70,040 78,101 Community Centers 1,259,311 1,265,156 1,244,985 Arenas 1,311,342 1,439,662 1,258,990 Sportsfields 1,355,165 1,301,247 1,256,512 Parks 1,859,748 1,816,045 1,736,235 Cultural Saint John Free Public Library 409,190 409,190 383,987 Cultural Services 106,758, 95,945 94,740 Grants 1,288,361 1,258,217 1,039,932 3 8,485,390 8,596,585 7,977,037 2 41 The City of Saint John General Fund OPERATING FUND SCHEDULE OF EXPENSE ITEMS (6 of 6) As at December 31 Budget Actual Actual 2009 2009 2008 Unaudited Page $ $ $ Fiscal Services Interest on long-term debt Debenture debt 3,644,560 2,974,894 2,617,622 Other long-term debt 7,063 11,891 9,417 Principal installments Debenture debt 7,862,267 7,862,600 7,664,100 Other long-term debt 73,570 73,570 73,570 Capital projects financed by the General Operating Fund - - 1,000,000 Other debt charges 448,342 254,783 93,727 Short-term financing 280,000 176,767 274,524 12 Funding of Pension Fund [note 4] 4,160,384 4,242,871 4,223,078 Other miscellaneous - 886,824 617,188 3 l 6,476, L86 16,484,200 36,573,226 25 42 Financial Statements The City of Saint John Water and Sewerage Utility December 31, 2009 43 CONTENTS Page Auditors' Report 1 Operating Fund Balance Sheet 2 Operating Fund Statement of Revenue and Expenses 3 Operating Fund Statement of Deficit 4 Capital and Loan Fund Balance Sheet 5 Capital and Loan Fund Statement `of Equity b Statement of Source and Application of Capital Financing 7 Notes to Financial Statements 8-15 44 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheets of the Operating Fund and Capital and Loan Fund of The City of Saint John Water and Sewerage Utility as at December 31, 2009 and the related statements of revenue and expenses, deficit, equity and source and application of capital financing for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of New Brunswick. `These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of The City of Saint John Water and Sewerage Utility as at December 31, 2009 and the results of its operations and the source and application of its capital financing for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements. These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of The City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of New Brunswick. Saint John, Canada, June 18, 2010. Chartered Accountants 45 The City of Saint John Water and Sewerage Utility OPERATING FUND BALANCE SHEET As at December 31 2009 2008 $ S ASSETS Accounts receivable 16,419,412 5,946,086 Due from Water and Sewerage 5 Utility Capital and Loan Fund 1,021,051 Prepaid expenses 55,849 Long term receivable 44,264 16,463,676 7,022,986 LIABILITIES AND ,(DEFICIT)'.~QUITY Accounts payable aRd accrued liabilities t 9,765,107 2,562,315 Due to Geneal Capital and Loan Fund 7,664 7,664 I 1 Other payables (note 3! 671,657 744,136 Interest payable on long-term debt 264,187 293,451 Dire tu'General Operating Fund 3,274,070 3,796,275 Due to Watef and Seimerage 5 Utility Capital dud, Loanfiwd.• 2,723,372 ' 16,706,057 7,403,841 4 Deficit [note 4] (242,381) (380,855) 16,463,676 7,022,986 See accompanying notes Signed on behalf of the Council: Mayor Chair of Finance Committee 2 46 The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF REVENUE AND EXPENSES Year ended December 31 Budget Actual Actual 2009 2009 2008 (Unaudited) Revenues Charges to customers 29,927;735 29,196,493 25,943,716 Charges to General Operating Fund [note 5] 12 Water supply for fire protection 2,250,000 2,045,000 1,853,126 12 Storm sewerage 1,040,000 910,000 918,016 3,290,000 2,955,000 12,771,142 Total revenues 33,217,735 `>32,151,493 28,714,858 Expenses Water supply Purification and treatment 2,312,056 2,168,903 1,857,808 Transmission and distribution Pumping Sewerage collection and disposal Sewerage collection system Sewerage treatment and disposal Billing and collection Operational support Engineering 12 Administration and general government services [nole 5] Fiscal services Interest on long-term debt Debenture debt Principal installments 2,609,468 2,160,790 2,167,168 6 Debenture debt 5,725,000 5,725,000 5,803,000 Discount on debentures issued 230,000 56,449 36,717 Capital projects financed by the General Operating Fund 5,605,034 5,605,034 2,898,392 12 Short-term financing costs [note 5] 400,000 132,053 288,910 12 Funding pension fund [note 6] 298,230 317,060 312,216 Infrastructure agreement reserve 24,500 24,500 24,500 - 14, 892,232 14,020,886 11,53 0,903 Total expenses and fiscal services 33,229,557 32,013,019 28,946,350 Excess of revenues over expenses (11,822) 138,474 (231,492) 4 Excess revenue of previous years 11,822 1_1,822_ 113,659 4 Excess of revenues over expenses for the year 150,296 (117,833) See accompanying notes 4,628,537 4,889,485 4,299,832 X62,5"4 , 869,570 1,057,997 1,565,527 1,824,231 1,630,579 3,884,317 3,684,959 3,652,724 444,030 494,295 533,791 365,917 279,519 674,042 927,622 915,756 830,090 3,246,745 2,865,415 2,878,584 18,337,325 17,992,133 17,415,447 47 The City of Saint John Water and Sewerage Utility OPERATING FUND STATEMENT OF DEFICIT Year ended December 31 Fla 2009 2008 Deficit, beginning of year (380,855) (149,363) 3 Excess of revenues over expenses for the }year 150,296 (117,833) (230,559) (267,196) 3 Excess revenue of previous years (11,822) (113,659) 11 Deficit, end of year [note 4] (242,381) (380,855) See accompanying notes 48 The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND BALANCESHEET As at December 31 2009 2008 ASSETS 2 Due from Water and Sewerage Utility Operating Fund 2,723,372 10 Fixed assets [note 2] 273,972,932 243,778,811 276,696,304 243,778,811 LIABILITIES AND EQUITY 10 Debentures [note 2] 46,279,000 45,504,000 Due to General Operating Fund 5,423,735 1,244,876 2 Due to Water and Sewerage Utility Operating Fund 1,021,051 Due to Genera] Capital and Loan Fund 83,557 14 Deferred contributions [note 8] 1,510,062 1,510,061 56,296,354 49,279,988 6 Equiri 220,399,950 194,498,823 276,696,304 243,778,811 See accompanying notes Signed on behalf of the Council: Mayor Chair of Finance Committee 5 49 The City of Saint John Water and Sewerage Utility CAPITAL AND LOAN FUND STATEMENT OF EQUITY Year ended December 31 Pa 2009 2008 S S Equity, beginning of year 194,498,823 184,105,253 Debt repaid during the year by the Utility Operating Fund 3 Debenture debt 5,725,000 5,803,000 Contributions in aid of construction Federal and Provincial Government 14,238,209 1,365,029 Fixed assets purchased by the Utility Operating Fund 26,780 72,233 3 Capital proj ects financed by the Utility Operating Fund 5,911,138 3,153,308 5 Eauitv, end of year 220.399.950 194.498.823 See accompan.ving notes 6 50 The City of Saint John Water and Sewerage Utility STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING Year ended December 31 2009 Source Debenture issue 6,500,000 Government contributions " 14,238,209 Fixed assets purchased by Utility Operating Fund 26,780 Debt repaid by Utility Operating Fund 5,725,000 Capital projects financed by the Utility Operating Fund 5,911,138 Deferred contributions Change in amounts from: Utility Operating Fund 7,178,859 General Capital and Loan Fund 83,558 Increase in amounts duc to Water and Sewer Utility Operating Fund 2008 S 6,000,000 1,365,029 72,233 5,803,000 3,153,308 1,510,061 12,012,038 1,253,713 1.021.051 39,663,544 32,190,433 Application Debt repayment 5,725,000 5,803,000 Capital expenditures 30,194,121 10,148,961 Decrease in amount due to General Operating Fund 16,238,472 Change in the amount to from: Utility Operating Fund 3,744,423 39,663,544 32,190,433 See accompanying notes 7 51 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 1. ACCOUNTING POLICIES These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Local Government. Financial statement presentation The financial statements of the City of Saint John Water and Sewerage Utility [the "Utility"] have been prepared in accordance with <the fund basis of accounting. The Operating Fund reflects the Utility's working capital and results of operations and the Capital and Loan Fund reflects its investment in fixed assets and outstanding long-term debt. Fixed assets and depreciation Fixed assets are recorded at cost. received through capital assistance programs, cost-sharing arrangements, or loan forgiveness are treated as additions to equity in capital assets. The Utility does not record depreciation on its fixed assets, but an amount equal to annual debt repayment is charged to operations and credited to equity in capital assets. The Utilitv also charges to operations all capital projects that are financed in the current year front operating funds. Accrual ;recounting The Utility follows the accrual method of accounting for revenue and expenses. Accounting for a surplus or deficit at the end of a fiscal year Section 189(4) of the Municipalities Act of New Brunswick requires that the Utility establish rates which result in a quadrennially balanced budget. Further, Section 189(5)(b) states that should a surplus or deficit exist at the end of a year, it must be spread over a four-year period commencing with the second ensuing year. 52 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 1. ACCOUNTING POLICIES [Cont'd] Accounting estimates The preparation of financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Financial instruments The carrying values of the Utility's financial instruments, except for long-term debt, approximate fair value because of their short-term maturity and normal credit terms. The Utility's accounts receivable do not represent significant concentration of credit risk because t-., accounts are owed by a large number of ratepayers on normal credit terms. As long-term debt is arranged with the Province of New Brunswick and is not renegotiable, the fair value of long-term debt, affected by changing interest rates, has not been determined. At year-end, the Utility did not have any exposure relating to derivative instruments. 9 53 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 2. DEBENTURES Debentures consist of the following: Year of Interest Term 2009 2008 Issue Rate Years Balance Balance % 5 1999 5.200 to 5.750 10 603,000 2000 6.100 to 6.400 10 313,000 626,000 2001 2.450 to 5.500 10 848,000 1,272,000 2002 3.375 to 5.750 10 2,310,000 3,080,000 2003 3.050 to 5.000 10 2,616,000 3,270,000 2003 2.750 to 5.125 l0 5,072,000 6,340,000 2004 2.750 to 4.800 10 7,020,000 7,488,000 2005 3.750 to 4.375 10 2,800,000 2,975,000 2006 4.150 to 4.450 10 6,800,000 7,200,000 2007 4.450 to 4.850 10 6,300,000 6,650,000 2008 3.300 to 4.850 10 2,375,000 2,500,000 2008 2.100 to 5.550 15 3,325,000 3,500,000 2009 1.000 to 4.500 10 5,000,000 2009 0,9~0 to 5.000 10 1,500,000 46,279,000 45,504,000 The aggregate amount of principal payments required on the Utility's long-term debt in each five years is as follows: 2010 5,447,000 2011 5,134,000 2012 4,710,000 2013 3,940,000 2014 6,698,000 Fixed assets include an amount of $7,896,725 (2008 - $4,378,732) for which financing has not been arranged at year-end. 10 54 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 3. OTHER PAYABLES 2009 2008 $ $ Vacation pay 259,657 304,936 Retirement allowance 412,000 439,200 I . 671,657 744,136 The Utility has provided for vacations earned but not paid. Employees upon retirement from the City of Saint John are entitled t~-, a retirement pay allowance equal to one month's pay, to a maximum of six months, for every five years of service. The program has been amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. Employees of Local 18 hired after June 1, 1998 and Management employees hired after March 23`d, 2009 are not eligible for retirement allowance, now or in the future. These policies are established in the Local 18 collective bargaining agreement and the Nlanagement terms and conditions of employment. 4. OPERATING FUND SURPLUS OR DEFICIT The surplus or deficit for each year is taken back into income over a four-year period commencing with the second ensuing year. The balances remaining at the end of each year are as follows: 2009 2008 2004 49,314 2005 98,028 196,052 2006 (67,364) (101,042) 2007 (305,509) (407,346) 2008 (117,832) (117,833) 2009 (52,435) . . 445,112 380,855) 11 55 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 5. TRANSACTIONS WITH THE CITY OF SAINT JOHN GENERAL FUND The Water and Sewerage Utility Operating Fund reimbursed the General Operating Fund an amount of $1,551,000 (2008 - $1,367,000) for its share of general government operating costs. In addition, the General Operating Fund is charged for storm sewerage costs $910,000 (2008 - $918,016) and water supply for fire protection for an amount of $2,045,000 (2008 - $1,553,126). Interest is charged on the balances between the General Fund and the Water and Sewerage Utility on a monthly basis. The Utility's water cost transfer is within the maximum allowable by regulation based on the applicable percentage of water system expenditures for the population. 6. PENSION PLAN A. OVERVIEW The City provides pension benefits to employees in accordance with the provisions of the revised City of Saint John Pension Act as enacted on May 12, 1994 and last amended on April 28, 2001. The plan is administered by a Board of Trustees, representing Common Council, management, unionized employees and retired employees., Prior to May, 1994, the plan was governed by The City of Saint John Pension .4ct, 19 0. The plan is subject to the provisions of the New Brunswick Pension Benefits Act which became effective January 1, 1992. The plan is a defined benefit plan which provides for pensions based on length of service and rate of hay. Both the City and the employees make contributions to the plan. The City's contribution limits are fixed by legislation at a minimum amount of 7% of employee earnings. The City is currently contributing at a rate of 11.6% of salary. Effective May 1, 2007, the employee contribution rate was changed from 8.5% to 10.5% of pensionable earnings. The additional 2% employee contributions will be made until the sooner of May 1, 2010 or to the date when the going concern unfunded liability has been eliminated. The City charges all of its contributions to expense in the year the contribution is made. 12 56 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 A. OVERVIEW (cont'd) The amount contributed for employees funded by Water and Sewerage Utility for 2009 amounted to $1,124,864 (2008 - $1,075,012). B. ACTUARIAL INFORMATION The 2006 actuarial valuation indicated the present value of accumulated plan benefits was $396,778,000 and the adjusted markettvalue or :l assets available to provide benefits was $365,763,100 with an estimated unfunded liability of $31,014,900 on a going concern basis. As of December 31, 2006, the liabilities on a solvency basis were greater than the solvency assets by $106,832,800. The 2006 valuation has been updated by extrapolation to December 31, 2009 and the results indicate that the accumulated plan benefits now exceed the adjusted market value of assets available to provide benefits, resulting in a deficiency of $121,035,995 on a going concern basis. This valuation relates to the entire plan,,which iF cludes employees funded through both the General Fund and the Water and Sewer#ge Utility. Current costs and special funding payments [trr, allocated to each fund on the basis of a percentage of payrolls. C.DUE TO THE PENSION PLAN The Xeta Brunswick: 7'en)ion Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption is requested to fund over a period of no more than fifteen years, or the period to December 31, 2018, whichever is shorter, or an exemption from making solvency payments is granted. In 2007, this exculplion from making solvency special payments to the pension plan was sought and received. As a result of receiving this exemption, there is no longer solvency funding due from the City of Saint John as at December 31, 2008. 13 57 The City of Saint John Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 C. DUE TO THE PENSION PLAN (cont'd) During 2009, the City of Saint John paid the plan an amount of $2,721,547 which represented required special funding and interest on a going concern basis (2008 - $2,623,662). The Utility Fund's share of this for 2009 is 5317,060. The City of Saint John is required to make special going concern payments until 2018. 7. INTER-FUND ACCOUNTS All inter-fund accounts at December 31, 2009 represent current transactions and are in compliance with the policy established by the Department of Local Government. 8. DEFERRED CONTRIBUTIONS The Province of New Brunswick ("Pro Vince") established the Saint John Harbour Clean Up Trust in the amount of $26:6 mill jon. to provide for the Province's one- third share of the Harbour Clean U'., Pro}pct cost. These Trust funds will be released to the City as costs of the pro ict are apyroved. As of December 31, 2009, an amount of S-5483 19 of trust furls has been released to the City. I According to the terw and conditions f the Deed of Settlement and Trust Agreement, interest income shall-be-4*ibuted to the City annually. The amount of interest distributed to the City as of December 31, 2009 is $1,510,062, which has been deferred mid be,applied to the project in the future. There are no specific LL•rms on the usage of t4e'interest deferred. 9. UNRESTRICTED DEPOSIT ACCOUNT The City and its employees participate in a group life insurance plan which has a potentially refundable component, the Unrestricted Deposit Account ("UDA"), based on actual plan experience. Annually, a portion of any excess of premiums paid over claims experience is eligible to be refunded to the City and its employees. Both the City and employees pay premiums into this plan. 14 58 The City of Saint Sohn Water and Sewerage Utility NOTES TO FINANCIAL STATEMENTS December 31, 2009 9. UNRESTRICTED DEPOSIT ACCOUNT (cont'd) The UDA has accumulated $195,714 of eligible refundable premiums during the years 2004 to 2009. The City has recorded accounts receivable of $151,450. The remaining amount of $44,264 is recorded as a long term asset as the City intends to hold this amount to fund future potential premium increases. Of this amount $146,786 has reduced current payroll costs and the remaining $48,928 is recorded as due to employees. The due to employees will be used to offset future employee rate increases. The City will review the balances in the UDA annually. 15 59 Financial Statements The City of Saint John Reserve and Trust Funds December 31, 2009 60 AUDITORS' REPORT To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the balance sheet of the Reserve and Tnist'Funds of The City of Saint John as at December 31, 2009 and the statement of changes in equity for the year then ended. These financial statements have been prepared to comply with Section 8 of the Control of Municipalities Act of Nev' Brunswick. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evalLiating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of The City of Saint John Reserve and Trust Funds as at December 31, 2009 and the changes in equity for the year then ended in accordance with the basis of accounting described in note 1 to these financial statements These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of His Worship The Mayor and Members of Common Council of The City of Saint John, and the Minister of Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. They have been prepared to, and do, comply with Section 8 of the Control of Municipalities Act of the Province of New Brunswick. Saint John, Canada, June 18, 2010. Chartered Accountants 61 .b a ~ h r a+ ~ C0 [ I ~ b w a o ~ w F ~ W fsa x f=7 U m F U Q cd CO O ~ r O Foy N r+ x p y fiA U~ N Q U v a Q ~ ICI d C ^ U~ G- y Cr ~ o ~ fW a ^v s~ a W y y ~NGy t+~l a i N 0 o o r \ b T . N r r ~p a tr r r Im N N N N ~ ~ n ~ n v r v n d "2 n n V) N N N N M ~ l M 16 00 00 00 Co 00 00 00 00 , , oa 00 ol N N N N o a o oho r t 0~0 t 1 It 't, 'All 'i ~L M N Ir'-~i r-7 M N a rn _ rn %Q ~7 'OF F- ~z O i r ' O r O 7 U y ~ C C ~ a y N 4.. c n Y' a ~ a4i b e H .0 y e i Qc.>HQ. i r F a ^W^ ICI z Q = A F o- ~ YCC O 1 J Q M 00 U C 'o U N r Y o w = O w E ~ O U ~ C GGp m OO N N .C G G V U C C W w 0 U L. 0 N Ea W z w d x w d ti F W d E-i r~ M c ow L O O d s ~ F CG w° 00 O 69 N C4 x Q C Q 1 •Q r~! W U ~d yr ".y maw G.+ Frr O ; o q 7 o ~ fr. V1 L as ~ Q c em C"I M O C N QMMa 00 n a U1 M 1` M 1 1 In Y: ~ r N ~ n h 1 O N r v h ~ C ~ r ~ e Y 0o r N M a I N vi 1 " N rn N N N v1 ~ M M o,~ co a O Lr) N co N , ry N N 121, - vl n ~ h- o0 rq t- r-~ t : ~ ~ I'll, I r r C, 'r o - - a, rn o a c M n G N D J y 7 ~ a "v aw we d 0o i a h N C d ~ -a C d ~ ❑ i h p d m t7 d A G U i W ~ O O ~ O ? 7 o g h •y N L t7 •r L CaU a°iLl m ~m^ r ~ r 01 MIC t` d •d d i O ~ A c O f N (0 .7 ~ N W-I L` O C i 4 1 O U I ~ m The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2009 1. SIGNIFICANT ACCOUNTING POLICY These financial statements have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Municipal Affairs and Environment. Accrual Accounting The City follows the accrual method of accounting 1 expenses. 2. RESERVE FUNDS Machinery and Equipment Depreciation Fund Under Section 90{4} of the Municipalities Act, Council by resolution can create an equipment replacement reserve. Contributions to this fund are made through the operating budget of the General Fund. Disbursements from this fund may only be made for the acquisition of equipment and require the approval of Common Council Airspace 2049 Fund This fund was established in 1955 with respect to the development of Market Square. and in particular the condominium development. Upon the sale of airspace to allow for the construction of the project, the proceeds were invested to allow for the reacquisition by the City of this airspace in the year 2049 when the ownership of the complex reverts to the City of Saint John. 3 64 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2009 3. TRUST FUNDS Land Subdivision Fund Section 43 of the Community Planning Act requires that-monies received by Council in lieu of land for public purposes are paid into a special account. Council may expend these funds for acquiring or developing land for public purposes as defined by the Community Planning Act.. Tucker Fund By an Act of the Legislature enacted April 20, 1927 securities with a par value of $10,000 were vested with the City of Saint John., This Act provided that the income and a portion of the principal from this Trust, with the approval of Common Council, should be used for the maintenance and improvement of Tucker Park. Stockford Memorial Fund This fund was established on December .28, 1939 as a result of a bequest of $3,000 from Fannie M. Stockford of Boston, Massachusetts. This amount was to be invested.and the annual' income. was- to be used towards the upkeep and maintenance of King Square. O'Connell Fund This fund was-established'on March 22, 1939 with a contribution of $2,000 from J.D. O'Connell.. .The contribution was to be invested and the income distributed among the orphanages of the City on the pro-rata basis of the children cared for by each, to be given by way of a Christmas gift to each child. In October, 2004 this agreement was amended to allow the Trustees to disburse the income arising from the trust investments yearly to the Empty Stocking Fund. 4 65 The City of Saint John Reserve and Trust Funds NOTES TO FINANCIAL STATEMENTS December 31, 2009 3. TRUST FUNDS (continued) L.R. Ross Fund This fund was established in 1921 through the gift of $1,250 and the "Ross Memorial Cup". The cup was to be competed for annually by amateur single scullers, twenty-one years or under who are residents of the Maritime Provinces. The income from this Trust is to be used to provide a duplicate cup for the winner of each race held. Changes to the Trust in 1986 now allow for the funds to be used to promote the sport of rowing within the City 'of Saint John and its suburban communities, provided that $4,000 remains in the fund to enable the "Ross Memorial Cup" to be duplicated when necessary. A. Carle Smith Fund Established in September 1976, funds were received from the estate of A. Carle Smith. These funds are to be used for the maintenance.of a wildlife sanctuary in the South Bay area. Bi-Centennial Fund. These funds, are to be .used for.. ceremonies marking the 200th anniversary of 14 Canada in the yeaz.2067. Saint John Non-Profit Housing:Future Development Fund This fund wa$ established in 1987, on the sale by the City of the Rockwood Court Complex. By resolution of Common Council, the proceeds in excess of the amount required to meet the outstanding obligations of the complex, amounting to $470,726, were to be set aside and administered by Saint John Non-Profit Housing Incorporated. This fund was to be used for new housing initiatives subject to restrictions set out by the City of Saint John. 5 66 July 16, 2010 His Worship Mayor Ivan Court City Hall 15 Market Square P. O. Box 1971 Saint John, NB E2L 4L1 His Worship Mayor Court and Council: Wellness, Culture & Sport 440 Woodward Ave. Saint John, NB E2T SN3 The Saint John Wellness Network working group is made up of individuals who have come together from various backgrounds within the City of Saint John to address issues of concern around wellness. We will strive to improve wellness for all those in the community including vulnerable populations. Our network has responded to the Healthy Eating and Physical Activity Coalition of New Brunswick's call for interest to become a recognized. Wellness Network in the province. Once the group officially forms as a Wellness Network under this Coalition we will engage the community to become in motion, which is an evidence based health promotion strategy for physical activity. We are planning to hold a kickoff in motion event during the first week of October, 2010, which we will invite you and council to participate. We are requesting that a short presentation (113 minutes) by the Healthy Eating and Physical Activity Coalition be made to Common Council in late September, on Wellness Networks and the in motion health promotion strategy. We are seeking the city's endorsement on this initiative. Let's join other cities/communities like Fredericton and Moncton who are already in motion. Thank you for your consideration on this matter. Sincerely, i 4 kv 114- Greg Evans Facilitator of the Saint John Wellness Network 67 68 I c w 44 O r N ~Q D O ' as oa aul c, O ~ • T w O Q ~ ~ ~ q) ;y V GA t~ O ~ O dJ ~ • y .mow tnrl ..~-i ~ Fti W ~ cz~ ri u ✓ ~ Y+4 C3 ~ f17 N - ~ F C/9 it / Q. U 1 I o ~Y 14 F J y 1~1 1rr~TT Ids ~?I'y I~ y - lr0 .--y O LV 7- 7 - _ - - - _ T i t r - _ - - r - - - T- 71 ^ - ~l - 1 - pWpww V a~ any Ix", I'M r I~ T 4 R " M~ i •313pMsunag maN `ugOf wiles ut )jaVd PooMM:)a)i Jo;uauUuo.11nua jiunaru ay; Jo uolpajord ay; -401 QW00Ap pue 31.IOAK 04 si •xU1 dWO:J ay; JO uolsseuu 041 t uauia~~ s uo ssIW I'. N u y a f 4 u j a " o~ 10 0 ti w say, " cwi r,~. Md C rj n G dl C} G .C7 e°:a n.,, T merst '14, u CA5 cS G ~ wV1`„ ~ ~ QJ ~ ..:L ~ 'J!1 ~ t'd, ~ ~ ~ ~ ~ ~n✓ ~ ~ G Pu7 -b E5 cr ~s r a ca a u c.ro 8 a~ ape a~ C e °cJ 3 3 _3_ ca ~/y, pew a a? Ira-,y OJJ Fa er' C~ G ~ Fw 'i~,~ C,I U ¢ C_ C.[ Ci J ~j CX"a' h4 °cz CF5 ,CY Cd v W. ow 0 ^'"a qy Qb U to :J tG. C u5"' " CLl Q7 M pwti',q ✓1 _ :j 45 'j ,SC C ®,7 Q C cX':'Ui •C ce; u~. 4dP 3. °3C ^ Cd ca Vr-, 0. 0 W ~ C3 wpm ~ ~ 6] ~ ~ tl F, F rr: c 1/ ~ G. G 00 , -x w t S ed s F-y = > 7E .C.:: d""' 48 tCA w !J c y rA'R J a F- C .s G9 cn wc~ . 'rj w+ y vi e C C ~:a ,.C ,,,G 3 C y 'J ° Ca On 71 "TV Lq cri a5 ca u 1 3 c C p ca U f.,] 6d ~7 .•y we° C J C C!5 ~ 7 =J G .r7 G c., W Q eE1 sx7 9°^' f , 9.2 to C3 i ~r M&C-2010 August 3, 2010 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Payment for Refinishing of Light Standards on Harbour Passage BACKGROUND: As part of the development of Harbour Passage trail along Saint John's waterfront, lights were incorporated for various reasons including security. Trail work was constricted over the years in phases. Beginning in 2008, premature rusting was noted in the light standards from Phase I of the project. These same lights were installed in Phase 2 and Phase 3 as well. There was a warranty on the finish for these light standards and the supplier corrected ,rd the problem. A report detailing this was presented to Council on March -1 , 2008. Saint John Energy was approached to dismantle the rusting light standards and subsequently install the refinished replacement light standards. This work was done over three years, and a purchase order was issued in 2009 and again in 2010 to authorize this work. However, records indicate that no purchase order was issued for the work done by Saint John Energy in 2008 under this project. Furthermore, Saint John Energy did not issue an invoice for the work done in the summer of 2008 until August 2009. Staff received an invoice from Saint John Energy at the end of August 2009 for $53,026.97 (including HST) with reference to a purchase order that was made out to a separate company. This was received at the same time as several other invoices from Saint John Energy were received in reference to work done during 2009. The combination of delay in issuing the invoice, reference to a wrong purchase order, and an error in total value of the invoice, have all contributed to a considerable delay in processing the invoice. ANALYSIS: Staff have completed a review of invoice PB 1013 from Saint John Energy and advise that a total of $44,890.97 (including HST) is owed to Saint John Energy for work done during the summer of 2008. 71 FINANCIAL: Since the capital project from that year is now closed, and given that two capital projects from 2010 are concluded and are under the approved budget amount, there are sufficient monies within the approved Leisure Services Capital Budget for 2010 to pay this outstanding invoice. RECOMMENDATION: It is recommended that: Common Council authorize the Commissioner of Finance to pay Invoice PB 1013 from Saint John Energy in the amount of $44,890.97 and that said monies be charged against the remaining fiinds in 210-5959-956 and 210-4784-957. Respectfidly submitted, Bernie Morrison Commissioner of Leisure Services J. Patrick Woods, CGA City Manager PH 72 REPORT T COMMON COUNCIL ~~UW August 8, 2011O His Worship Mayor (Ivan Court City of Saint john And Members of Common Council Your Worship and Councilors Re: Long Distance Services Schedule PURPOSE The purpose of this report its to recommend approval of the attached agreement between the City of Saint Jlohn and (Bell Aliant Regional Colmmuunicatilons, Limited IPartnershiip ('`''Bell Aliant"') (Agreement Number CN- 809-8845) related to the Long (Distance Services Schedule. ANALYSIS Currently, the City has not entered in to contract with a service provider for landline long distance services. This service has been a pay as you go type of service with no contract or, in other words, month to month. Through the exploration of a longer term agreement relating to these services it has been determined a number of financial, benefits can be realized by sighing a longer term agreement. Current state long distance services on a month to month basis are at a cost of $.059 cents per minute. By entering into this term agreement these same costs will be reduced to $.017 cents per minute. The services described in the attached Long Distance Services Schedule are provided i accordance with: and governed by the Bell/Alianit Master Services Agreement (Raster Agreement Contract Number CN-080 - 8441). FINANCIAL / CONTRACT TERMS The terms of the contract require a 2 year service agreement startling March 1, 010 until March 31, 2012. INPUT FROM OTHER SOURCES These documents have been reviewed by the City Legal and Information Technology department. RECOMMENDATION: It is recommended that the Mayor and Clerk be authorized to sigh the contract for service as attached. 73 IRespe "ull submitted, In K.... int~...__._ u n Information Technollogy Manager Patric 'deeds City Manager 74 Master Agreement Number: CN-0847-844 ((CONTRACT MASTER a RPIEMENTrr Agreement Number: Chi-0809-8845 LONG DISTANCE SERVICE'S SCHIEDUILE Customer Name: City of Saint John (the "Customer") The services described in this (Long Distance Services Schedule (the ""Services Schedule'") are provided in accordance with and governed by the Master Services Agreement between the Customer and Bell) Aliant Regional Communications, (Limited Partnership (""Bell Al anr). Bell Aliiant and the Customer agree that this Services Schedule is attached to and forms part of the (Master Services Agreement and is governed by its terms and conditions" with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement"" shall include both the Master Services Agreement and the Services Schedule. 1. TERM a.. Initial Service Term: The Initial Service Term shall be effective as of 01 day of March., 2010 (the "Effective Date") and shall continue until) March 31, 2012 (the "Initial Service Term'"). b. Service Renewal Term: 'Upon expiration of the Initial Service Tenn, and unless either party 'informs the her with thirty (30) days prior written notice of non-renewal, there shall be consecutive Service Renewal Terms each equal in length to one (1) month. c. Use of Service beyond Service Term:, if a party has sent a notice of non-renewal but the Customer for any reason continues to receive the Services after the expiry of the Initial Service Term or final Service Renewal Term, the terms and conditions of the Agreement including this 'Services Schedule shall continue to apply for so long as the Customer receives the Services, except that the Fees shall be the month-to-month fees for the Services in effect. 2. S'E'RVICE a. Definitions: For the purposes of this Services Schedule, "North American toll-free calls"" means Canada-Canada and U.S.-Canada toll-free calling associated with Business Savings Plan service - Toll-free service. ""North American outbound toll calls" means Canada-Canada and Canada-U.S. outbound toll calling associated with Business Savings Plan - Long Distance service. Specific l=ees provided under the Business Savings Plan are available upon request of Customer, b. Descri tlon of Service: The Services consist of three service components: L M Distance Services;: (1I) Direct-Dialed Outbound: End-to-end voice connectivity from the point where Bell Aliant's service physically" connects to the switching equipment servicing the Customer's originating caller to any terminat'i'ng switching equipment within North America or the international country called. (2) Automated Calllin Card: A card based service utilizing a personal identification number ("PIN") system allowing the Customer to make Direct-Dialed Outbound Long Distance Calls or make calls within the local calling area.. (3), Call Duratlon Billable Paramrnete : The minimum billable call duration is, 30 seconds and each call is billed in 6 second increments thereafter. The minimum connection to initiate a billable call is 0,48 seconds. ii. Toll-free Services. (1) 'Pnbound: End-to-end connectivity from a caller's originating switching equipment in North America to the point where Belli Aliant"s service physically connects to the switching equipment servicing the Customer's called party. ('2) Message duration Billable Parameters. The minimum billable call duration is 30 seconds and each call is billed in 8 second increments thereafter. The minimum connection to initiate a billable call is 8.48 seconds. iii. Teleconferencing Services: This service allows multiple users to hold a conference utilizing an audio bridge by accessing teleconferencing ports connected to the bridge. A conference originator must establish a call and obtain the calling parameters. Teleconferencing Services include port access and optionally Toll free Service. There are three types of Teleconferencing Services: (1) Operator-Assisted Service: Reservations are made through a conference operator. Upon request of the conference originator, the conference operator establishes the call and will provide assistance upon request during the meeting. The conference originator is responsible for all fees incurred during the conference call. Long Distance Tall Services Schedule Version 1.3pnba Page 1 of 4 August 24, 009 75 Master Agreement Number: CN-0807-8441 oCONTRA T MASTER AGRN FMFIhtTas t Agreement Number: CN-0809-8845 (2) P'asscode Service. Reservations are made via a self-serve web portal using a unique user name arnd, password ("Passcode" The conference originator reserve's the required number of conference ports prior to the call, and notifies each participant as to the time of the call and the number to be called in order to be added to the calla The conference originator is responsible for all the participants" Teleconferencing Services Fees, while each conference participant is responsible for their own Long Distance Services Fees. Alternatively, a Toil Free Service number can be provided and all Fees assigned to the conference originator, (3) IReservationless `'RIL,S"' Service.,: Once a Passcode is established, port access is available 24 hours per day and 7 days Iper,,veek. No reservations are required. The conference originator is responsible for all the participants" Teleconferencing Services Fees, while each conference participant is responsible for their awn Long Distance Services Fees. Alternatively, a 'Toll Free Services number can be provided and all Fees assigned to the conference originator. (4) Web Conference Services: Bell Aliant"s Web Conference Services is powered by Microsoft Office Live Meeting and is a conferencing solution that connects participants by use of their computer to join online meetings, training, and events. The attendees are able to deliver a presentation" edit files, and collaborate on hiteboard, (a) The two type's of Web Conferencing Services available are: (i) Standard -includes all basic tools such as annotation, whiteboalyds, text slides, Web slides, application viewing, snapshots, Q&A, seating chart, and poll'in,g. (ii) Professional- Includes all basic tools mentioned above plus recording (of the web and audio combined), branding, audio broadcasting, print to PDF, and application sharing. 3. FEES a. Service Typ,ITes: The Customer subscribes to the Services as specified in Table 1. Table 1 Busirioss Savings Plans Business Savings Long Distance Service Suhscribcr To Yes Tolkft-ee Service b. Fees Schedule: The Customer shall pay to Sell Allant fees for Long Distance Services (the "Fees") as set out in Table, 2 and 3.. ii. Prices listed in this Services Schedule are exclusive' of Sales and Use Tax. iii. The service components which are billed at the Business Savings (Plan service rates and charges, shall receive, where applicable, the monthly volume term discounts available under Business Savings Plan service'. Table 2 Long Distance Rates North American Intra- Provincial (outbound and toll 'Free calls originating $.017 not. applicable ("N/A') and t'erminnatin in New Brunswick New Brunswick to Canada Outbound anti Inbound toll $0.020 N/A. free calls _ New Brunswick to Continental United States outbound $0.020 N/A amid Inbound toll free (excluding calling card calls) Intra- provincial (originating and terminating in New. _ $,017 $0.00 Brunswick) automated calling card calls Ftcmrnainder of North American automated calling card mmm $0.020 $0.00 calls (excluding U'S-to-'US calls) through use oFNorth American Dial Around Number (1-1100-555-Ill 1) North American operator handled calling card calls Businesmmmm s Savings Plan Refer to "Calling Card Surcha'" below Long Distance Toll Services Schedule Version 1.3pnba Rage 2 of 4 August 24, 2009 76 Master Agreement.Number:CN-t1897-8441aCONTRACT MASTER A RFFMF T* Agreement Number* CN-0809-8845 U', rn-~'S automated calling card calls through use ayit e $ll.5tl ~l.tDl1 North Arnericann Dial Around Number (1-800-555-1111) Overseras Overseas outbound ciira.ct-dialetid tall calls (excluding 49a% discount from Business N/A calling card calls) 'terminating on a landline phone Savings Plan 6_verseas outbound direct-dialed scroll calls (excluding 49% discount fraarrr Business NIA calling card call's) terminating on a mobile phone Savings Plan ~ international toll-free calls Toll-Free Intcrnational/Global N/A Service Overseas calling, card calls Business Savings Plan Refer to "Calling Card Surcharges" Table 2 Table 3 Teleconferencing Rates Premiere (Operator Assisted) Conferencing Rate (per minute/ mmpermm ~m port') m Service Fee Premiere Operator Assisted $015 + regular long distance not applicable ('N/K) ncing Reservationless Voice Confere Rate (per minute !per port.) Service Fee Toll Free Reservatmonless (includes Toll Free Canada and USA .char e.._ g _ $0,08 NBA Instant Playback $020 N/A Meet Me Voice Conferencing Rate (per minute/ per port) Service Fee s pay their own. Ltd) ToNI Mleet Me (confereemmm $Cl.tlB NIA Premiere Operator Assisted $0.25 + regular long distance N/A Web Conferencing bate (per minute / per port) aervice Fee _ g - Standard Services NA"eb Conferencnn $0A8 NIA Web Conferencing - Professional Services $11.21 N/A c. Min imuim Commitment. The Customer agrees to use Business Savings Plan service to attain the Minimum Annual Usage CommitnneM (the '"MAUL"') as specified in Table 4 during the Initial Service Term Table 4 Minimum Annual Usage Commitment usage Year I Year 2 Year 1 Annua' 152,992 1 ,2,992 12,749.33 The MAUL includes combined toll-free and outbound toll minutes ii. If the IMAUC is not achieved during any year of the Initial Service Period, Bel Aliant shall bill the Customer for the shortfall in annual minutes at the rate of Q,tlt 7 per minute. iii. Time MAUL may only be met by minutes, which qualify under this Services Schedule. The Business Savings Plan service minutes which are so eligible include all those used in association with the service components set out in Section 3(a) of this Services 'Sched'ule. d. The Customer understands, acknowledges that, in exchange for receipt of the rates provided under this Agreement, Customer hereby agrees that Bell Aliant shall be the sale supplier to the Customer of all Services provided under this Service Schedule, and Customer agrees to procure all additional Services it requires from IBell Aliant during the Initial Service Terra and any Service Renewal Term. Bell Aliant and the Customer acknowledges and agrees that the Customer its a "Government Funded Body" as that term is defined in the Voice Long Distance Services Master Agreement between Bell ANiant and Her Majesty The Queen In Right Of The Province Of New (Brunswick (the "Minister'"), dated April 9, 2l 08 (the "PNB Agreement"') and that as a Government Funded Body the Customer is entitled to receive the Services at the prices payable by the Minister under the PNB Agreement. The Customer acknowledges and agrees that the prices for the Services set out Lung !Distance Tdit Services Schedule Version 1.3pnba Page 3 of 4 August 24, 20,09. 77 Master Agreement Number: CN-0807-84.41vCt9NTRACT MASTER ACREEMENTra Agreement Number: CN-08199-8845 in this Section are being provided to the Customer pursuant to, and in accordance with, the PNB Agreement. If the prices of the Services provided to the Minister under the PNB Agreement are modified during the Initial Service Term and any Service Renewal Term,. the price of the Services offered to the Customer will be changed to align with the PNB Agreement within ninety (90) days of such change for the Minister. The Customer acknowledges that a written amendment to this Agreement is not required to change the prices in such circumstances. The Customer further acknowledges and agrees that if the Customer ceases to be a Government Funded Body, or the PNB Agreement is terminated,. or expires,, the prices set out in this Section 3 may Ibe modified by Beal Aliant in its discretion upon notice to the Customer. For clarity, the parties agree that only the prices for the Services as set out in this Section 3 will be . provided in accordance with PNB Agreement and that all other terms and conditions relating to the provision of Services are otherwise governed by, and will be provided in accordance with, the terms and conditions of this Schedule and the Agreement. By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the faster Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PANTNERSHIIP by its General Partner Belli Alliant Regional Communications Inc. CUSTOMER City of Saint John SIGNATURE.' Mayor NAME NAME: c',, z''-, f/F. Common Clerk: NAME TITLE: Resolution DATE: DATE: r' J, , m DATE: Lang Distance Tall Services Schedule Version 1.3pnba Pave 4 % 4 August 24, 20199 JUnt Master Agreement Number.: CN-0807-8441 oCONTRACT MASTER AQREEMENT~) Agreement Number:. CN-0809-884 r LONG DISTANCE SERVICES SC'HIEDULE Customer Name: City of Saint John (the "Cuistorner'") The services described in this Long Distance ServicesSchedule (the "'Serv'ices Schedule") are provided in accordance with and governed by the Master Services Agreement between the Customer and !Sell Aliant Regional Communications, Limited Partnership ("Bell Aliant"). Sell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule„ references to the 'Agreement' shall include both the Master Services Agreement and the Services Schedule.. 1. TERM a. Initial Service Term: The Initial Service Term shall be effective as of 0i1 day of IMlarch, 20110 (the "Effective Date') and shall continue until Mllarch 31, 20112 (the "Initial Service Term'). b. Service (Renewal Term: Upon expiration of the Initial Service Term, and unless either party informs the other with thirty (30) days prior written notice of non-renewal, there shall be consecutive Service Renewal Terms each equal in length to one (1) month. c, Use of Service beyond Service Term: If a party has sent a notice of non-renewal but the Customer for any reason continues to receive the Services after the expiry of the Initial Service Term or final Service Renewal Term, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer receives the Services, except that the Fees shall be the month-to-month fees for the Services in effect. 2. SERVICE a. Definitions: For the purposes of this Services Schedule, "North American toll-free calls"" means Canada-Canada and U.S.-Canada, toll-free calling associated with Business Savings Plan service - Toll-free service. "North American outbound toll calls°' means Canada-Canada and Canada-U.S. outbound) toll calling associated with Business Savings Plan - Long Distance service. Specific Fees provided under the Business Savings Plan are available upon request of Customer. b. Description of Service: The Services consist of three service components: i. Lonna (:Distance Services;: (1) Direct-Dialed Outbound): (End-to-end voice connectivity from the point where Bell Aliant's service physically connects to the switching equipment servicing the Customer's originating caller to any terminating switching equipment within North America or the international country called. (2') Automated Calling Card: A card based service utilizing a personal identification number ("PIN") system allowing the Customer to make Direct-Dialed Outbound Long Distance Calls or make calls within the local calling area. (3) Call Duration Billable Parameters: The minimum billable call duration is 30 seconds and each call is billed in B' second increments thereafter. The minimum connection to initiate a billable call is 0.48 seconds. fl. Toll-free Servi'ces: (1) Inbound: End-to-end connectivity from a caller's originating switching equipment in North America to the point where Bell Aliant"s service physically connects to the switching equipment servicing the Customer's called party, (2) Message Duration Billable Parameters: The minimum billable call duration is 30 seconds and each call is billed in Fi second increments thereafter.. The minimum connection to initiate a billable call is 0.48 seconds. Teleconferencing Services: This service allows multiple users to hold a conference utilizing an audio bridge by accessing teleconferencing ports connected to the bridge. A conference originator must establish a call and obtain the calling parameters. Teleconferencing Services include port access and optionally Toll-free Service. There are three types of Teleconferencing Services:. (1) Operator-Assisted Service: Reservations are made through a conference operator. Upon request of the conference originator, the conference operator establishes the call and will provide assistance upon request during the meeting, The conference originator is responsible for all Fees incuirred during the conference call. Lang Distance Toll Services Schedule Version 1.3pnba Page 1 of 4 August 24, 2009 79 Master Agreement Number: CIS-'II807-8441gCO+JTRA,CT MASTER A_ REED LENTtr Agreement Number: CN-0809.8845 (2) Passcode Service; Reservations are made via a self-serve web portal using a unique user name and password ("1Passcode"). The conference originator reserves the required number of c'onfer'ence ports prior to the call, and notifies each participant as to the time of the call and the number to be called in order to Ib'e added to the call. The conference originator is responsible for all the participants" Teleconferencing S'ervice's Fees, while each conference participant is responsible for their awn Long Distance Services Fees. Alternatively, a Toll Free Service number can be provided and all Fees assigned to the conference originator. (3) Reservationless f"RLS" t Service; Once a Passcode is established, port access is available 4 hours per day and 7 days per week. No reservations are required. The conference originator is responsible for all the participants" Teleconfere'ncing Services Fees, while each conference participant is responsible for their own Long Distance Services Fees. Alternatively, a Tall Free Services number can be provided and all Fees assigned to the co'nference' originator. (4) '4Af'eb Confe'ren'ce Services: (Sell Aliant°s Web Conference Services is powered by Micro's'oft Office Live Meeting and its a conferencing solution that connects participants by use of their computer to join online meetings, training, and events. The attendees are able to deliver a presentation, edit files, and, collaborat'e' on whiteboard. (a) The two types of Web Conferencing Services available are: (i) Standard - Includes all basic tools such as annotation, whiteboar'ds, text slides, Web slides, application viewing, snap'sho'ts,, Ct&A, seating chart„ and polling. (ii) Professional- Includes all basic tools mentioned above plus recording (of the web and audio combined), branding, audio (broadcasting, print to PDF, and application sharing. 3. FB'B'S a. Service "fvnes The Customer subscribes to the Services as specified in Table 1. Table 1 Business Savings Plans '~wrsirzess ~,:3vingti Pl,~r, Long Distance Se'rvic'e Toll-tree Service b. Fees Schedule: The Customer shall pay to Bell Aliant fees for Long Distance Services (the "Fees") as set out in Table, 2 and 3. iii.. Prides listed in this Services Schedule are exclusive of Sales and Use Tax. iii. The service components which are billed at the Business Savings Plan service rates and charges, shall receive, where applicable, the monthly volume term discounts available under (Business Savings Plan service. T'ab'le 2 Long Distance Rates North American Intro- t''~nrowrncr 'aal (outbound and toll free culls originating $,017 not applicable ("N/A") and fel^rci~ _..natirr>_.._.... Brunswick) ua. in New w Br.. New Brunsw~ick to Canada Outbound and Inbound toll $0,020 N/A tree cal Is ~ New Brunswick to Continental United Statcs outbound ~tD.d20 NdA and Inbound toll free (excluding, calling c rrd call.,;) Intro -Provincial (originating and tcn'nin;ltin'~ in a~'e~v $.017 °6[1.r3I1 Brunswick) automated calling card call's Remainder of North American automated callrnt; card ~ ~ ~ ,$0.020 $0,60 calls (excluding US-to-US calls) through use of North American Dial Around Number (I -800-55'5-1 111) North American operator handled calling card calls Business Savings flan Refer to "Calling Card Surcharges" below y rt~si.rih~r To Yes Yes Long Distance 'Toll Services Schedule Version 1.3pnba Page 2 of 4 August 24, 2009 80 Master Agreement Number: CN-08o'-8441,,CONTR.ACT MASTER AGREEMENT)) V Agreement Number: CN-8809-8845 r 7-to-L,, rutornated ailing µ g card calls tlarcrarglm use of the $0.50 1.4'141 North American Dial Around. Number (1-800-555-1111) Overseas _ Overseas outbound direct-dialed troll calls ( s cxcludin,g 49% discount diuaan Business N/A calling card calls) terminating on a landline phone Savings Plan 4;Terscas outbound direct-dialed toll calls. (excluding 49% discount from Business 1 N/A calling card, caalls) tcrrninating on qtr rnobile plione. Savings Plan - Internationul kill-h-ce calls - Toll-'Free Intern ationaI/Global N/A Service [~vt,r;,uas caNlin caul calls g Plan Business Savings Refer to "`tral9ing'Card ag S'aarchaarges"' "l`atale Table 3 Teleconferencing Rates Premiere (Operator Assisted) mConferencirtg Rate (per minutel a port) erwice Fee Premiere Operator Assisted $x'0.25 + regular long distance not applicable ("NJ Ie servatonles~s Voice Conferencing Rate (per minute I per part) Service Fe_e Toll Free IReservationless (includes Td ~ f=ree cLrRes Canada and USA. $0.08 NIA I. Playback $0.20 N/A Meet. Me Voice Conferencing - Date (per minute) per port) - Service Fee Toll Meat Me (conferees pay their own LID) $0,08 N/A _-steel Premiere Operator IT A..ssN $0.25 + regular ion g distance N/A _.W.. Web Conferencing Rate (per minute l per port) Service Fee Web ConferencN Standard Services ng - 1 S 0. N/A Web Conferencing . Professional Services $021 NIA c. Minimum Commitment., The Customer agrees to use (Business Savings Plan service to attain the Minimum Annuai Usage Commitment (the "MAUL") as specified in Table 4 during the Initial Service Terra: Tablle 4 Minimum Annual Usage Commitment Usage Year 1 Year 2 Year 3 Annual 152,902 152,992 12,749.33 The MAUL includes combined toll-free and outbound toll minute s ii. If the MAUL is not achieved during any year of the Initial Service Period„ Bell Aliant shall twill the Customer for the shortfall in annual minutes at the rate of M12 per minute. iii. The MAUC may only be met by minutes, which qualify under this Services Schedule. The Business Savings Plan service minutes which are so eligible include all those used in association with the service components set out in Section 3(a) of this Services Schedule. d. The Customer understands, acknowledges that, in exchange for receipt of the rates provided under this Agreement, Customer hereby agrees that Bell Aliant shall be the sole supplier to the Customer of all Services provided under this Service Schedule, and Customer agrees to procure all additional Services it requires from Bell Aliant during the Initial Service Term and any Service Renewal Term. Bell Aliant and the Customer acknowledges and agrees that the Customer is a "Government Funded Body" as that term is defined in the Voice Long Distance Services Master Agreement between Bell Allant and Her Majesty The Queen In Right. Of The Province Of New (Brunswick (the' Minister"), dated April 9, 2003 (the "PNB Agreement") and that as a Government Funded Body the Customer is entitled to receive the Services at the prices payable b the Minister under' the PNB Agreement. The Customer acknowledges and agrees that the prices for the Services set out. Long Distance Toll Services Schedule Version 1.3pnba Page 3814 August 24, 20019 Master Agreement Number: CN-0807-8441tcCONTRACT MASTER AGREEMENTo Ila, fit Agreement. Number: CN-0809-884 in Section 3 are being provided to the Customer pursuant to, and in accordance with, the PNB Agreement. If the prices of the Services provided to the Minister under the PNB Agreement are modified during the Initial Service Term and any Service Renewal Term, the price of the Services offered to the Customer will be changed to align with the PNB Agreement within ninety (90) days of such change for the Minister. The Customer acknowledges that a written amendment to this Agreement is not required to change the prices in such circumstances.. The Customer further acknowledges and agrees that if the Customer ceases to be a Government. Funded Body, or the PNB Agreement is terminated, or expires, the prices set out in this Section may be modified b Bell Ai'iant in its discretion upon notice to the Customer. For clarity, the parties agree that only the prices for the Services as set out in this Section 3 will be provided in accordance with PNB Agreement and that all other terms and conditions relating to the provision of Services are otherwise governed by, and will be provided in accordance with, the terms and conditions of this Schedule and the Agreement.. By signing below, Belli Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. DELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP" by its General Partner Belli Atlant Regiiional Communications Inc. CUSTOMER City of Saint John SIGNATURE: ~ Mayor NAME Common NAMEv ~ . Clerk. NAME TITLE: ~ Resolution BATE: DATE: DATE: Long IC istance Toll Services Schedule Version 1,3pnba Wage 4 824 August 24, 2009 -1 11111 r 11 6 A M&C-2010-258 July 27, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 237 Union Street and 489 Sea Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. City of aiia John Location Existing Proposed Reason for Application Zone Zone 237 Union Sheet "B-2" "B-3" To permit a licensed lounge 489 Sea Sheet To permit a special care home for senior citizens RECOMMENDATION: That Common Council refer the rezoning applications for 237 Union Street and 489 Sea Street to the Planning Advisory Committee for a report and recommendation, and schedule the public hearings for Monday, August 30, 2010 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 83 1.' Market Square, PO Bane 1971 Sulu.lol ii, NBA F21.. 41.1 w July 29, 2010 Dear Your Worship and Common Council, T; 506i 64737 2 F 50&632.61 18 C:,lnt)ohn225.corra vvwtra'' aintjohQ2:5.com Twitter: sainljohr1225 As kart of the Saint John 225 celebrations, a series of exciting, live .music events ins olvin~ many locally and nationally known artists and entertainers across several genres will be, held at various venues across Saint John urn early°.Augoz 'derv niodestly priced tickets are being scald to these events and the monies collected from such ticket sales will be used to defray some of the costs associated with same. Imperial "Theatre has established and reliable infrastructure in dace that allows it to sell and print tickets and track sales at a minimal cast. We, ask that Common Council approve the four attached contracts between the City and the Imperial Theatre respecting the coordination of ticket sales by the Imperial Theatre for the following four e~rents: Songwriters on Hazen (Saint Johan farts Centre) Jazz on Princess (Saint.john Theatre Company) Saint john locks (Fort LaTour) Saint John Hocks Country (Fort LaTour) Respectfully Submitted, Peter Bu.ckland Chair, Saint ]ohn 225 84 r printed in duplicate June 1, 2010 City of Saint John 15 Market Square PD Box 1971 Saint John, NB E2L 4L1 Re: Ticket Sales Agreement August 5th, 2010, Songwriters on Hazen, at Saint John Arts Centre Dear Ivan Court, Thank you again for choosing Imperial Theatre for servicing your ticketing needs for your event. Further to Lisa Hrabluk's discussion with Ruth McLeese, please find an outline of the above-mentioned agreement. Imperial Theatre will: • be responsible for all advance ticket sales through Imperial Theatre Box Office and all designated outlets. be responsible for all charges relating to use of the 1-800 toll free number. ® be responsible for all credit card point-of-sale fees and charges for tickets sold Ticket outlet is Imperial Theatre Box Offci- (All advertising should state: Tickets available at Imperial Theatre or by calling 674-4100 or 1-800-323-7469). L'' Imperial Theatre Inc., 24 King Square South, Saint John, New Brunswick, C anack, E2L 51318 page 1 Administration (506) 674-4111 Box Office (506) 674-4100 Facsimile (506) +674-4141 6/1/2010 imperial nbnet.rib.ca 8,t-wKv.itnperiaitlxeatre.nb.czi June 1, 2010 City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 Re: Ticket Sales Agreement - August 5'~, 2010, Songwriters on Hazen, at Saint John Arts Centre City of Saint John will: Pay a deposit of $100 ($50 plus 14ST- will be Fien refundable in ease of eaneellation. waived ® pay $25 to set up each event for sale pay a commission of 6.5% of ticket sales (Net of Tax) through Imperial Theatre ticket outlets, plus ticket printing charges of 15¢/ticket. ® In the event of performance cancellation, refun(Is will be administered only through Imperial Theatre Box Office. Box Office commission and ticked charges will be payable on all Box Office ticket sales at time of cancellation by City of Saint John. ® All of the above charges are subject to YIS I . Financial settlement will take place no later than five business days following the event. If this meets with your approval, please :sign below and return a copy to my attention at your convenience. Imperial Theatre Inc. X I Pet r D. Smith Authorized Representative City of,Saint John Rental Client X Mayor Ivan Court Authorized Representative Rental Client X City of Saint John Common Clerk Authorized Representative Rental Client x Date of Resolution Page 2 6/1/2010 86 i A' !'~qj t1 l3 printed in duplicate June 1, 2010 City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4LI Rc: Ticket Sales Agreement - August 50, 2010, Jazz on Princess, at Saint John Theatre Company Dear Ivan Court, Thank you again for choosing Imperial Theatre fors rvicing your ticketing needs for your event. Further to Lisa Hrabluk's discussion with Ruth McLeese, please f ncl an outline of the above-mentioned agreement. Imperial Theatre will: be responsible for all advance ticket sales through Imperial Theatre Box Office and all designated outlets. be responsible for all charges relating to vise of the 1-800 toll free number. 4 be responsible for all credit card point-of-sale fees and charges for tickets sold Ticket outlet is Imperial Theatre Box Office (All advertising should state: Tickets available at Imperial Theatre or by calling 674-4100 or 1-500-323-7469). Imperial Theatre Inc., 24 King Square South, Saint John, New Brunswick, Quiada, V 'R l3~ti Page I Administration (506) 674-4111 Box Office (506) 674-41.00 Facsimile (Stt6) 674'-4141 6/1/2010 i mperial@nbnetnb.ca 8vfww.imperiEilthc,.iti-e.nl),ca June 1, 20 10 City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 Re: Ticket Safes Agreement - August 5'h, 2010, Jazz on Princess, at Saint John Theatre Company City of Saint John will: • Pay a deposit of $100 ($50 phis 14ST- will be nen Fefundable in ease of eaneellatien.) waived • pay $25 to set up each event for sale ® pay a commission of 6.5% of ticket sales (Net of Tax) through Imperial Theatre ticket outlets, plus ticket printing charges of 15¢/ticket. • In the event of performance cancellation, refunds will be administered only through Imperial Theatre Box Office. Box Office commission and ticket charges will be payable on all Box Office ticket sales at time of cancellation by City of Saint John. • All of the above charges are subject to HST. financial settlement will take place no later than five lousiness days following the event. If this meets with your approval, please sign blow and return a copy to my attention at your convenience. Imperial Theatre Inc. X P ter D. Smith Authorized Repres ntative City of Saint John Rental Client Mayor Ivan Court Authorized Representative Rental Client City of Saint John Common Clerk Authorized Representative Rental Client Date of Resolution Page 2 6/1/2010 88 _.3 1 printed in duplicate June 1, 2010 City of Saint John 15 Market Square PO Box 1971 Saint John, NB F2L 4L 1 Re: Ticket Sales Agreement - August 6`", 2010, Saint John Rocks!, at Fort LaTour Dear Ivan Court, Thank you again for choosing Imperial Theatre for sei-vicing your ticketing needs for your event. Further to Lisa Hrabluk's discussion with Ruth McLeese, please flid an outline of the above-mentioned agreement. Imperial Theatre will: • be responsible for all advance ticket sales through imperial Theatre Box Office and all designated outlets. • be responsible for all charges relating tt) use Of the 1-800 toll free number. • be responsible for all credit card poibT-of-sale fees and charges for tickets sold Ticket outlet is Imperial Theatre Box Office (All advertising should state: Tickets available at Imperial Theatre or by calling 674-4100 or 1-804-323-7469). Imperial Theatre Inc., 24 Kind; Square South, Saint Jahn, New Brunswick, C an.:tla, p,2I. 5B8 Page 1 Administration (506) 674-4111 Box Office (506) 674-4100 Facsiirdle (506) 674-4141 6/1/2010 irnperiaiC nbnet.ni).caa ggvw.idnperiailtheatre.nb.ca June 1, 2010 City of Saint John 15 Market Square PO Box 1,971 Saint John, NB E2L 4L1 Re: Ticket Sales Agreement - August 6'h, 2010, Saint John Rocks!, at Fort LaTour City of Saint John will: • Pa~, a depesit of $100 ($50 plus EST will be nen r-efundable in ease ef . waived • pay $25 to set up each event for sale m pay a commission of 6.5i% of ticket sales (Net of Tax) through Imperial Theatre ticket outlets, plus ticket printing charges of 150/ticket. • In the event of performance cancellation, refund will be administered only through Imperial Theatre Box Office. Box Office commission and ticket charges will be payable on all Box Office ticket sales at time of cancellation by City of Saint John. All of the above charges are subject; to IIST. Financial settlement will take place no later than five business days following the event. If this meets with your approval, please sign below and return a copy to my attention at your convenience. Imperial Theatre Inc. X Peter D. Smith 11 Authorized Representative City of Saint John Rental Client x Mayor Ivan Court Authorized Representative Rental Client X City of Saint John Common Clerk Authorized Representative Rental Client x Date of Resolution Page 2 6/1/2010 90 77- R printed in duplicate June 1, 2010 City of Saint John 15 Market 'Square PO Box 1971 Saint John, NB F2L 4L1 Re: Ticket Sales Agreement August 7`h, 2010, Saint John Rocks Country!, at Port LaTour Dear Ivan Court, Thank you again for choosing; Imperial Theatre for senicing your ticketing needs for your event. Further to Lisa Hrabluk's discussion with Ruth McLeese, please find an outline of the above-mentioned agreement. Imperial Theatre will: • be responsible for all advance ticket sales throu0h briperial "Theatre Box Office and all designated outlets, • be responsible for all charges relating to use o the 1-800 toll free number. • be responsible for all credit card point-of-sale fees and charges for tickets sold Ticket outlet is Imperial Theatre Box Office (All advertising should state: Tickets available at Imperial Theatre or by calling 674-4100 or 1-800-323-7469). X Imperial Theatre Inc., 24 Kind; Squire South, Saint Jahn, New Bninswick, Canada, F2L 5118 Page 1 Administration (506) 674-4111 Box Office (506) 674-4100 Facsimile (506) 674-4141 6/112010 iniperi, l@nbnet,nh,c<i 9N~'ww.iniperialtheatre.nl).c~i June 1, 2010 City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 4L 1 Re: Ticket Sales Agreement - August 7°', 2010, Saint John Rocks Country!, at Fort LaTour City of Saint John will: • Pay a deposit of $100 ($50 phis 14ST will be fie-fl fef-undable in case ef ea-neellatien.) waived o pay $25 to set up each event for sale a pay a commission of 6.5% of ticket sales (Net of Tax) through Imperial Theatre ticket outlets, plus ticket printing charges of 15¢/ticket. ® In the event of performance cancellation, refunds will be administered only through Imperial Theatre Box Office. Box Office commission and ticket charges will be payable on all Box Office ticket sales at time of cancellation by City of Saint John. ® All of the above charges are subject to HST. 'Financial settlement will take place no later than five business days following the event. If this meets with your approval, please sign below and return a copy to my attention at your convenience. Imperial Theatre Inc. X Peter D. Smith Authorized Representative City of Saint John Rental Client X Mayor Ivan Court Authorized Representative Rental Client X City of Saint John Common Clerk Authorized Representative Rental Client x Date of Resolution Page 2 6/1/2010 92 , ~V july 29, 2010 Dear Mavor Court and Members of Com rion Council 15 Market Square, P Box 1971 Saint John, NB E21m 41w1 T° .506,64737'91 F. 506,6316118 w &.~c~~rt2'25.cotn w..: Jntjohn225.con) Twitter; saintjohn225 Re: Artist Contract for Saint John 225's Reunion 20tO Music Festival Attached, please find one Artist Contract. It is our recorntr endation that this Artists Contract be approved by Common Council. We ask that Common Council approve this Artist Contract and that the City enter into ail Agreement with Bonsound. Inc. for a show which is to tape place on August 6, 2010 at port Latour as pat of the Saint John 225 Celebrations on the terms and conditions set out in the Agreement attached to this letter from Saint john 225 and that the Mayor and Common Clerk be authorized to execute said Agreement. Respectfully Submitted, Peter Buckland Chair Saint John 225 93 0 Contractual agreement for a show BETWEEN honsound tel, : 514.522,5672 5333 Casgrain, bur. BOS fax : 514,522,5460 Montreal, QC info@bonsound.com H2"r 1X3, Canada bonsound.com BONSOUND INC, represented by Mathieu Rousseau, from Bonsound Agency (Hereinafter referred to as PRODUCER) Phone 514 522 5672 ext 226 Fax : 514 522 5460 mail : mathieu@bonsound.com AND THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (Hereinafter referred to as PURCHASER) 15 Market Square, Box 1971, Saint John, NB E21- 411 The present agreement for object the diffusion of the show mentioned in heading, described according to the fallowing terms I.. NAME OF THE ARTIST: RADIO RADIO II. SCHEDULE gate of show: August 6, 2010 Length of performance: 40-60 minutes Load in time : -TBC Soundcheck : TBC Door opening : Show time: 7pm _ _ .n..... III. VENUE : Fort LaTour (Festival Reunion 2010) 15 Market Square, Saint John, NB E21- 41-11500.639.5190 Capacity : 3000 Age limit: -All ages Ticket price : $15 or 2 for $25 IV. FEES . 5250 taxes included $5000 + taxes V. FINANCIAL CONDITIONS: Any sum due according to the clauses will be immediately versed after the representation by cheque. VI. ACCOMMODATION Provided by the Purchaser] 3 double bedrooms The ARTIST will have to turn the resent a reement within fifteen da maximum delay after the sending of the aforesaid (15) agreement. Not returning the duly signed agreement within deadline envisaged could involve the cancellation of engagement by the only decision of the PRODUCER In witness where of and in full knowledge of the contents of this agreement, the parts signed : July 29, 2010 (PURCHASER) (PRODUCER) The Mayor Represented by Mathieu Rousseau Bonsound Inc.. Common Clerk Common Council Resolution date The City of Saint Jahn 94 11 u u u uu°. I" 6 A OPEN SESSION M&C2010-259 July 29, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: City of after John SUBJECT Canada Games Aquatic Centre - Phase I Energy Conservation Measures (ECM) Background In 2004, an energy retrofit program was implemented for the Canada Games Aquatic Centre (CGAC), which resulted in annual energy and maintenance cost savings of $100,000. However, the total energy cost of the building continues to increase due to the high natural gas distribution rate charge. As a result, the City of Saint John was asked by the Canada Games Aquatic Centre to assist with identification and implementation of Energy Conservation Measures (ECM) to further reduce the total operating cost of the building. In 2010, the City of Saint John, in co-operation with Trane Atlantic (maintenance contractor for the Canada Games Aquatic Centre) and CGAC staff, conducted a detailed analysis and identified Energy Conservation Measures with a payback period of less than five years. Analysis The Energy Conservation Measures identified in the analysis were divided into two phases, with Phase I to be implemented as part of the 2010 Capital budget. The following are Phase I ECMs: • Upgrade the control system for Air Handling Units 41 and 42. These units serve the main competition and leisure pools. • Upgrade the control system for Air Handling Unit 43. This unit serves the administration area and the multi-purpose room. 95 M&C2010-259 -2- July 29, 2010 • Upgrade the control system for Air Handling Units 44, 45 and 46. These units serve the locker room, workshop and meeting rooms. • Upgrade the control system for the boilers and hot water system. The total cost for all the above ECMs (Phase 1) is $49,275 plus HST, with an estimated annual energy savings of $13,860. Financial Implication The cost of the proposed work from Trane Atlantic is $49,275 plus HST. $50,000 has been allocated in the Canada Games Aquatic Centre Capital budget for this project. Also, the City of Saint John will receive an amount of $8,000 in a grant from Efficiency NB and the Federal government Eco-Energy Retrofit Program. RECOMMENDATION Your City Manager recommends that Trane Atlantic be retained for the implementation of Phase I Energy Conservation Measures for the Canada Games Aquatic Centre, at a cost of $49,275 plus HST. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager 96 M & C -2010-251 July 30, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Watershed Land Acquisition PID 00351551 - 3rd Lake Rd, Baxters Corner BACKGROUND: At its meeting of July 06, 2009, Common Council considered M&C 2009-191 and adopted the following resolution: 5.13 That as recommended by the Acting City Manager, The City of Saint John accept the offer of the Estate of Marjorie H. Lobb c/o Robert Hatfield as set out in the submitted Agreement of Purchase and Sale (Agreement) & purchase from the Estate, the unencumbered freehold title of PID 00351551 described in the Agreement for the sum of $12,000.00 + HST if applicable, upon the terms and conditions contained in the said Agreement; and fiirther, that the Mayor and the Common Cleric be authorized to execute all documents required to finalize this transaction. The freehold title of PID 00351551 could not be unencumbered prior to the closing date contained in the Agreement, and therefore the transaction could not be successfidly concluded. The owner continues to be willing to complete this transaction if the freehold title can be unencumbered, at the same price and upon the same terms and conditions contained in the Agreement, other than the closing date. This is an acquisition by the City of vacant waterfront land within the Loch Lomond watershed in order to prevent development and/or other activity which may adversely affect the City's supply of drinking water. 98 Report to Common Council July 30, 2010 RECOMMENDATION: Page 2 That The City of Saint John acquire from the Estate of Marjorie H. Lobb c/o Robert Hatfield, the unencumbered freehold title of PID 00351551 for the sum of $12,000.00 + HST (if applicable) upon the terms and conditions (save and except as to closing) contained in the Agreement of Purchase and Sale attached to M & C #2009-191; and 2. That the Mayor and Common Cleric sign any document(s) necessan- to finalize this transaction. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments pw 99 94-538 COMMON COUNCILICONSEIL COMMUNAL JULY 6, 20091LE $ JUILLET 2009 conveys the Remnant as shown in the submitted sketch to East Point Inc. on or August 31, 2009 upon the following conditions: 1. East Point inc. shall grant to the City of Saint John, its officers, serv s, agents, contractors and workers a non-exclusive, perpetual easement, right of w and right to the purpose of maintaining and repairing the Rem2. The City of Saint John shall maintain and e Remn at its sole expense use the Remnant solely for access, ingress, egre/ropertyadnsing regress by fo nd vehicle for and liability; it being expressly understood that Et Inc. s have no liability or responsibility, direct or indirect, for the maintenanor re of the Remnant, except as provided for-herein; 3. (a) The City of Saint John shall indemnify ld ast Point Inc. harmless (except for lass or damage resulting from the negwillful acts of East Point Inc.) from and against any damages, liabilities, actionand expenses in connection with the loss of We, personal injury and/or damagperty arising from or out of any breach of this Agreement ley The City of SaintJo ding but not limited to The City of Saint John's obligations to maintain the Rem uant to paragraph 2 herein; (b) The East Paint Inc, shall indemn' nd hold The City of Saint John harmless (except for loss or damage resulting from t negligent and willful acts of the The City of Saint John) from and against any dame liabilities, actions, claims and expenses in connection with the loss of life, person Jury and/or damage to.property arising from or out of any breach of this Agreement the East Point Inc.; 4. East Point Inc. agrees that ' hall not construct any building or structure on the Remnant without the prior writte onsent of The City of Saint John, which consent shall be provided to East Point Inc. on East Point Inc, delivering to The City of Saint John engineering /saftfacto cto to the Chief City Engineer for The City of Saint John, (such satisfawith in a timely fashion and not to be unreasonably withheld) thasufficient access by The City of Saint John to allow The City of Saint John ta Remnant. Notwithstanding the foregoing, if The City of Saint John does ns prior written consent then East Point Inc. may proceed to construct a btructure on the Remnant if East Point Inc. releases The City of Saint John frations to maintain and repair the Remnant in accordance with paragraph 2 5.12 T t as recommended by the Acting City Manager, The City of Saint John punch 252 Golden Grove Road, also identified as PID Number 311829, from the Es of Elmer Sadleir Go Stephen A. Sadleir in accordance with the terms and co Itions contained in the Agreement of Purchase and Sale attached to the submitted ort (M&C # 2009-193); and further, that the Mayor and Common Clerk be authorized 5.13 That as recommended by the Acting City Manager, The City of Saint John accept the offer of the Estate of Marjorie H. Lobb c/o Robert Hatfield as set out in the submitted Agreement of Purchase and Sale (Agreement) & purchase from the Estate, the unencumbered freehold title of PID 00351551 described in the Agreement for the sum of $12,000,00 + HST if applicable, upon the terms and conditions contained in the said Agreement; and further, that the Mayor and Common Clerk be authorized to execute all documents required to finalize this transaction. the offer of Marvin and Mary Brown as set out in the Agreement of Purchase an (Agreement) submitted with M&C 2009 - 190 and purchase from them the th unencumbered freehold title of the portion of PID 00428524 describ a Agreement for the sum of $27,500.00 + HST if applicable, upon the term conditions contained in the said Agreement; and further, that the Mayor and on Clerk be authorized to execute all documents required to finalize this t ton. 5.15 That as recommended by th g City Manager, that Common Council approve the creation of "The ohn 225 - The Original City/La ville originale Committee" to organiz implement the Saint John 225 program, and further that Common Counc' irm a 2010 funding provision of $150,000 for the planning and implemen ' of the Saint John 225 - Original City/La ville originate program; and furl at The Saint John 225 -The Original City/La ville originals Committee be 100 The Purchaser agrees to purchase from the Vendor and the Vendor agrees to'seli to the Purchaser the freehold Interest in a portion of the Vendors tands'PID # 00351551, as hereinafter set out upon the following terms and conditions: Vendor: ESTATE OF MARJORIE H. LOBB C/o ROBERT HATFIELD Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 25 Market Square Saint John, NS E21.41.3 Attention: Common Clerk Premises: Freehold interest in PID#00351551 Comprising 836 sq. M. in total As illustrated on the plan hereto attached and marked Schedule "A" (hereinafter referred to as the "Real Property") (Photo-reduced copy of said plan attached hereto) Purchase Price: $12,000.00.+ HST if.applicable Deposit: $2,000.00 payable within 20 days of adoption of Common'Council Resolution Balance; I o, oao KsT ~'cGppj cc~bj.e L(tas rL C Closing Date: Within 60 days following Purchaser's acceptance of this Offer. 1. The Purchaser shall acquire from the Vendor the unencumbered; freehold title in the Real Property. 2. The Purchaser may examine the title to the Real. Property at its oven expense within twenty (20) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made In writing by the Purchaser to the.Vendor which the Vendor shall 5e unable or unwilling to remove within twenty (20) days of notification of such objection or objections and whkh the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts .'or . negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or;damages. Save as to any v#!Id objection so made within such time, the Purchaser shall be conclusively deemed to have accepted title of the Vendor to the Real Property. 3. The Vendor shall at its expense terminate any/all leases With respect to the-Real Property such 1 63 R Ayreemert of Purchase and $ale Estate of Ma$orle H. Lobb c/o Robert Hatfleld and The Lily of Saint John that the Purchaser will have vacant possession of the Real Property on Closing, 4, If the Purchaser defaults in the dosing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further recourse against the Purchaser. 5. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on 24 July, 2009 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 6. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall In all respects be of the essence hereof. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this T day of JYRe, 2009, WITNESS 6jiOFMAR)ORlEH.LO18jc/o - ROBERT HATFIELD AND the Purchaser has caused these presents to be executed this day of July, 2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 64 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map Is a graphical representation of property boundarles.which approxknates the size, configuration and location of properties. It is not a survey and is not Intended to be used for legal descriptions or to calculate exact dimensions or area. MBme st oette carte nest peut-Atre pas Libre de route erreur ou omission, toutes les precautions ont rate prises pour on assurer to meilleure quallWpossitlle. Cette carte eat une representation gtaphique approximattve des terrains Ohiftes, dimensions, configuration at emptaoement). Elie n'a aucun caraclibre official at ne do# done pas servir a to redaction de Is description oHicieUe dun terrain ni au caloul de ses dimensions exactas ou de sa superRcie. 65 Map Scale f tchalle cartographique 1 : 1430 F'% % i M&C2010-251 August 3, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Design and Inspection Services - Watershed Protection Facilities - Phase IV BACKGROUND The approved 2009 Water and Sewerage Utility Fund Capital Program - Watershed Protection category includes a project for the constriction of facilities to protect the watersheds from highway runoff hazards. The project includes the funding necessary to engage engineering services to complete the following: ■ Site survey and preliminary investigation; ■ Preliminary design, cost estimates and design report; ■ Detailed design and specifications preparation; and ■ Inspection services PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On March 16, 2009 (M&C 2009-65) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with Crandall Engineering Ltd. to carry out design and inspection services for the Watershed Protection Facilities - Phase IV project. On July 20, 2010 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Crandall Engineering Ltd. In response, Crandall Engineering Ltd. submitted a proposal on July 26, 2010. C 0"T I 105 M&C2010-251 August 3, 2010 Page 2 ANALYSIS (CONT'D) The following staff completed an analysis of the submission: ■ Kendall Mason, P.Eng. Municipal Engineer, Municipal Engineering ■ Brent McGovern, P.Eng. Deputy Commissioner ■ Nicole Taylor, M.Eng., P.Eng. Operations Manager, Water Resources & Quality ■ Cindy Calvin, CPPB Assistant Purchasing Agent, Materials and Fleet Management Each member completed a review of the submission and a subsequent meeting was held to jointly discuss the information presented in the Crandall Engineering Ltd. proposal. The upset price contained in the proposal was also evaluated and staff agreed that the consultant's requested fee was appropriate for submission to Council for approval. The submission from Crandall Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Crandall Engineering Ltd. to provide design and inspection services is approximately $61,054.02 including the City's eligible HST rebate, a positive difference of $138,945.98 in the Water and Sewerage Utility Fund Capital Program. An amount of $200,000 was included in the 2010 Water and Sewerage Utility Fund Capital Program for design, inspection, and constriction services. A contract for the installation of watershed protection signage, tree-planting, and watershed clean-up will be tendered later this fall which will utilize the remaining available budget for the project. POLICY - ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2009-65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M&C 2009-65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A": time based. 106 M&C2010-251 August 3, 2010 Page 3 RECOMMENDATION It is recommended that the proposal from Crandall Engineering Ltd. for engineering services (design and inspection services) for the Watershed Protection Facilities - Phase IV project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 107 5,11 a' q t tee Cal 10't CA 0 1 75 bit I Yt✓VWL_-e /i t A k~ /not j d Ire empty m Oew ILt u r or all M ~ w x Ile 9 'S xol Val- 4p, all 1 7 W)v too. (07 t 7' t r Asw 75, lot. 108 .6, 90 0 0' , 9 6, C'? t 4 I mm W O O ~ C) q,~ s~+ uvsi c~ ` rani t' g 20 cd ~ w I L'} 1 U ~Sx,.. I U) 4~ I tin , P4- l~ r~ i' t~ I w cy na. ` v w v . as `JyCd~ I IAa (]7b 'ZI -tj 'D qq ~ ry ~i as 1 i` v Q O 4S W 42 w~ryy t "tiy u F-r C.d W .i., NROCS) P 03 wW t.-+ p 04 42 ~...s ~ N dam! d9 ' "Cy m U 4,~ F- CIS v cq 81 F! f w rr Q 4 W .G . O 0 .CS 'C '0 ® ~ sirs 'cia CM _ 4) 'R 1-4 v -S u t-,o~ CD ~ ~ _ ~ cn cu G p a ' O (u 01 cd r', u 1 ( m 0. 1 O A v O 40 7 v " rcd , 'd (U (D 04 t L D s iuaagE u Q . to ca cn C > go -i ; wh I I w ~L+ s I $ ~ 0 V 4+ u J P4 cu v 07 IUD zz to WO +J ;no IQaQa~i.yya I cep x.= 1 ~ I > I aka u u ~r . w O u Google Earth has transformed work at centre METEOR Al scn'bes it a `shooting gallery: But as the solar system settled down, the frequency of impacts dropped and life could develop on earth. over time, Earth's shifting tectonic plates have meant evidence of many of the early cra- ters has disappeared,Spray said. The database provides a wealth of information for researchers studying everything from climate change to en- gineering. Each year, the site gets more than 80,000 hits, Spray said. One of the group's projects involves a partnership with industry to protect sat- ellites fromimpact,he said. A deeper understanding of the strikes could allow scientists to calculate what happened directly following the Chicxu- lub hit in Mexico that is believed to have killed offthe dinosaui ambitious project, with the help of geol- ogists, to find impact craters on the Can- adian,;field. They took hundreds of thousands of aerial photographs and visited the crater sites. As a result of his pioneering work, Apollo astronauts were able to use the sites to practise for moon exploration, said Spray. Disaster movies portray a giant rock hitting earth and chaos ensuing. Spray said the probability of a hit in the near future is very small, but over the timeline of the earth it is a real possibil- ity. " .We don't know if a hit will happen 100 years from now or a million, but we don't have the technology to deflect it; he said. The problem is the president of the United. States or head of the United Na- tions will not get elected by saying we roust invest trillions in something that may not happen for millions of years, he said. power aas beca .t I n,- at '1 inI6116on a day ucl P 1 Babes. bour °r e, the twinning of the ROUte impact current discussions, the success- The City of Saint John July 13, 2010 M&C - 2010-240 Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Re: Non Disclosure Agreement (NDA) Between the City of Saint John and Irving Pulp & Paper, Limited (IPPL) Background As Council is aware, the City of Saint John engaged FVB Energy to develop a detailed conceptual design of a District Energy System (DES), to provide thermal energy to existing and new buildings in the uptown area. The study, now completed, has evaluated all energy sources available in the Saint John area. Sources included raw sewage, seawater (cooling), waste heat from buildings and industrial waste heat. The report by FVB Energy has made several recommendations, which include the connection of twenty-five buildings to the DES over the next five years, representing $3.4 million square feet of floor space, with the potential of doubling the number of customers. The report proposed that the DES will use the Irving Pulp & Paper mill as an energy source. Analysis In order to determine the financial and economical viability of using Irving Pulp & Paper, Limited (IPPL) as an energy source for the DES, the City of Saint John would need to enter into discussions with IPPL regarding the energy price and overall maintenance cost. The discussions will require the City of Saint John to sign a Non Disclosure Agreement (NDA) with Irving Pulp & Paper. The NDA does not create an obligation on either party to enter into an agreement with the other party following the discussions. The NDA will allow both parties to preserve the confidential nature of their respective information and to provide for a procedure whereby such confidential information will be protected from unauthorized use and disclosure. 0-`- SAINT JOHN P.O. Box 1971 Saint John, N Canada L 40 I wwwsaintjohn.ca I A 1971 Saint John, .®S. Canada L L1 111 Report to Common Council Page -2- July 13, 2010 Financial Analysis The NDA Agreement will not bind the City of Saint John to any financial, technical or work obligation. Legal Implication The Agreement has been reviewed by the staff of the Legal Department. RECOMMENDATON That the Mayor and Common Clerk be authorized to sign the submitted Non Disclosure Agreement between the City of Saint John and Irving Pulp & Paper, Limited. Respectfully submitted, 0. Wm. Edwards, Eng. Commissioner Building & Inspection Services atrick Woods, CGA Ci y Manager Wmgaf encl. 112 CONFIDENTIALITY AGREEMENT This Agreement is made as of the 12th day of July, 2010. B E T W E E N: Irving Pulp & Paper, Limited, a corporation incorporated under the laws of the Province of New Brunswick IPPL -and- The City of Saint John, (the "City") WHEREAS the parties possess certain proprietary and Confidential Information which they are willing to disclose to each other for the purposes as outlined hereafter, subject to the terms and conditions of this Agreement; AND WHEREAS the parties desire to preserve the confidential nature of their respective information and to provide for a procedure whereby such Confidential Information will be protected from unauthorized use and disclosure; NOW THEREFORE this Agreement witnesses that in consideration of the disclosure of such confidential information and the covenants and conditions herein contained, the parties agree as follows: 1. DEFINITIONS In this Agreement the party disclosing the Confidential Information will be referred to as a "Disclosing Party" and the party receiving the Confidential Information will be referred to as a "Receiving Party". "Confidential Information" means any information of a confidential or proprietary nature of the Disclosing Party or its subsidiary, affiliate or related companies, relating to its corporate structure, business activities and practices, finances, financial status, business opportunities, business relationships, research, development, know-how, technical data, commercial data, personnel, or third party confidential information disclosed to the Receiving Party by the Disclosing Party and information about the Disclosing Party or its subsidiary, affiliate or related companies which is not otherwise available to the public, and other information, including but not limited to, information learned bythe Receiving Party from the Disclosing Party's employees, agents or through inspection of the Disclosing Party's property. Confidential Information may be information disclosed to the Receiving Party either orally, visually, in writing (including graphic material) or by way of consigned items. If disclosed in writing or by way of consigned items, the Confidential Information shall be designated as confidential (or like designation) at the time of disclosure, employing a suitable stamp or other notification brought to the attention of the Receiving Party upon 113 -2- disclosure. If disclosed orally or visually, the Confidential Information shall be identified as confidential (or like designation) at the time of disclosure and reduced to writing by the Disclosing Party and such writing shall be provided to the Receiving Party with the appropriate confidential designation within ten (10) days of the original disclosure. The term "Confidential Information" shall not include any information which: (a) now is or subsequently becomes generally available to the public other than as the result of a disclosure by the Receiving Party in breach hereof; (b) becomes available to the Receiving Party on a non-confidential basis from a source which the Receiving Party does not believe, after reasonable inquiry, is prohibited from disclosing such information by obligation to the Disclosing Party; (c) is developed by the Receiving Party independently of, or was known by the Receiving Party prior to, any disclosures made by the Disclosing Party to the Receiving Party of such information; (d) is disclosed by the Receiving Party in connection with any judicial or other proceeding involving the Receiving Party and the Disclosing Party relating to this Agreement or the Discussions; or (e) is disclosed with the written consent of the Disclosing Party. 2. USE OF CONFIDENTIAL INFORMATION The Receiving Party may use the Confidential Information only in connection with discussions relating to the exchange of information in the assessment of a district heating system for the City, using heat from IPPL (the "Discussions"). 3. RELATIONSHIP OF THE PARTIES This Agreement shall not create an obligation on either party to enter into an agreement with the other party following the Discussions. For greater clarity, the City acknowledges and agrees that IPPL may enter into discussions and/or an agreement with a third party relating to the Discussions and this Agreement shall not operate to restrict or prevent such discussions and/or agreement. 4. PROTECTION OF CONFIDENTIAL INFORMATION The Receiving Party shall hold Confidential Information in confidence and shall only disclose such Confidential Information to its employees on a need to know basis. The standard of care to be used by the Receiving Party shall be the same care it takes with its own confidential information of like nature, but in no event less than reasonable care. The Receiving Party shall ensure that the Confidential Information is not disclosed, published or disseminated to any third party, including Receiving Party's auditors, financial advisors, lawyers and third party consultants, (except as required by order of a court of competent jurisdiction, administrative agency or governmental body, or by any law, rule, regulation, subpoena, or any other administrative or legal process ("Law") and subject to compliance with the next paragraph) or to any employees who do not have a need to know, without the prior written consent of the Disclosing Party. The Receiving Party shall ensure that such of its employees, agents, representatives or third party consultants who, on behalf of the Receiving Party, are made aware of the Confidential Information shall be under the same obligation to maintain the Confidential Information in strict confidence and ensure that it is not used or disclosed other than as provided for herein. The Receiving Party will be 114 -3- responsible for any breach of this Agreement by directors, officers, employees or third party consultants of the Receiving Party. In the event the Receiving Party is required by Law to disclose all or any part of the Confidential Information it shall, to the extent permitted by applicable law or regulation provide notice of such requirement to the Disclosing Party in order to enable it to seek an appropriate protective order or other remedy. If a protective order or other remedy is not obtained and the terms of this letter agreement are not waived, and disclosure of Confidential Information is so required, the Receiving Party will disclose such information only to the extent so required in the written opinion of its legal counsel which shall be delivered to the Disclosing Party prior to any disclosure. 5. OWNERSHIP OF CONFIDENTIAL INFORMATION All Confidential Information, and any Derivatives thereof whether created by the Disclosing Party or the Receiving Party, remains the property of the Disclosing Party and no license or other rights to Confidential Information is granted or implied hereby. For purposes of this Agreement, "Derivative" shall mean: (a) for copyrightable or copyrighted material, anytranslation, abridgement, revision or other form, in which an existing work may be recast, transformed or adapted; (b) for patentable or patented material, any improvement thereon; and (c) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent and/or trade secret. 5. NO WARRANTY All information is provided "AS IS" and without any warranty, whether express or implied, as to its accuracy or completeness. 7. TERMINATION The rights and obligations of the parties as provided for herein regarding disclosures made during the currency of this Agreement, shall survive termination and shall continue to bind the parties as specified herein for a period of five (5) years from the effective date hereof. Upon termination of this Agreement, the Receiving Party shall make no further use of the Confidential Information. 115 -4- 8. RETURN/DESTRUCTION OF CONFIDENTIAL INFORMATION The Receiving Party shall, within five (5) business days following receipt of written request from the Disclosing Party, return or destroy all Confidential Information in writing or which was reduced to writing or which is in some other tangible form, along with all copies, notes, summaries and other documents or records which in any way relate to or incorporate the Confidential Information. The Receiving Party shall be deemed to have destroyed any Confidential Information that is provided by the Disclosing Party or maintained by the Receiving Party in electronic form if such information is deleted from local hard drives and so long as no attempt is made to recover such information from servers or back up sources. Notwithstanding the foregoing, both parties in-house legal departments may retain one complete copy of the Confidential Information solely for record keeping and for no other purpose. 9. INDEMNIFICATION The Receiving Party covenants and agrees to indemnify and hold harmless the Disclosing Party from and against any loss or damage arising out of the breach by the Receiving Party, its directors, officers, employees, agents or any third party consultant engaged by the Receiving Party, of any of the terms or conditions of this Agreement; however, in no event shall the Receiving Party be liable to the Disclosing Party for consequential, incidental, or special (including multiple or punitive) damages of any kind. 10. INJUNCTION It is acknowledged by the Receiving Party that the Disclosing Party may suffer irreparable harm not compensable solely in damages as a result of breach of any of the non-disclosure and confidentiality clauses contained in this Agreement and that legal remedies may be inadequate. The Receiving Party agrees that in addition to any other remedies that the Disclosing Party may be entitled to as a result of any such breach, the Disclosing Party shall be entitled to seek an injunction or order from a court of competent jurisdiction restraining the Receiving Party from breaching, or continuing to breach, any of the provisions of this Agreement, if such court deems such order to be appropriate. 11. ASSIGNMENT This Agreement shall not be assigned by any party without the written consent of the other parties. 12. SUCCESSORS AND ASSIGNS This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. For greater clarity, this Agreement shall operate to bind each of the parties hereto along with their subsidiary, affiliate or related companies, to the extent of such subsidiary, affiliate or related company's receipt of Confidential Information. 116 -5- 13. GOVERNING LAW This Agreement is governed by and will be interpreted in accordance with the laws in force in the Province of New Brunswick and the parties agree to submit to the exclusive jurisdiction of the courts of New Brunswick. 14. PUBLICITY Except as required by order of a court of competent jurisdiction, administrative agency or governmental body, or by any law, rule, regulation, subpoena, or any other administrative or legal process, neither party shall disclose the terms of this Agreement to any third party without the prior written consent of the other party. 15. COUNTERPARTS This Agreement may be executed and delivered in any number of counterparts, each of which when so executed and delivered shall be an original but all of which taken together shall constitute one and the same document. A party's transmission by facsimile or electronic mail of the Agreement duly executed by that party shall constitute effective delivery by that party of an executed copy of this Agreement. 16. NOTICES Any notices, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafter in this Section called a "notice") to any party shall be in writing and shall be sufficiently given if delivered personally, or if sent by prepaid registered mail or if transmitted by telex, facsimile or other form of recorded communication tested prior to transmission to such party with a copy sent by mail: (a) In the case of a notice to Irving Pulp & Paper, Limited at: 300 Union Street P.O. Box 5777 Saint John, NB E2L 4M3 Attention: President Facsimile: 506-634-6451 117 -6- With a copy to: 300 Union Street P.O. Box 5888 Saint John, NB E21L 41.4 Attention: Secretary Facsimile: 506-658-0517 (b) In the case of a notice to the City of Saint John at: 15 Market Square Saint John, NB E21L 41-1 Attention: Samir Yammine Facsimile: 506-632-6199 or at such other address as the party to whom such writing is given shall have last notified the parry giving the same in the manner provided in this Section. Any notice delivered to the party to whom it is addressed as hereinbefore provided shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day then the notice shall be deemed to have been given and received on the first business day next following such day. Any notice mailed as aforesaid shall be deemed to have been given and received on the fifth business day following the date of its mailing, provided that in the event of a disruption to the postal service the notice will only be effective if delivered in person or sent by telex, facsimile or other form of recorded communication. Any notice transmitted by telex, facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. [Remainder of page intentionally left blank.] 118 -7- IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written. IRVING PULP & PAPER, LIMITED Bv: Name: Mark Mosher Title: Vice President CITY OF SAINT JOHN By: Name: Ivan Court Title: Mayor, City of Saint John By: _ Name: Title: Elizabeth Gormley Common Clerk, City of Saint John 119 r ' REPORT TO COMMON COUNCIL 2$ July 2010 City of Saint John His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Funding Request - Canadian Midget Girls Softball Championship The City of Saint John has received a funding request from the organizers of the Canadian Midget Girls Softball Championship to be held in Saint John during the first week of August. The event will bring 18 teams to the City for a seven day national championship and is projected to generate approximately $1.0M in economic spinoffs to the area. Recommendation That Common Council provide the 2010 Canadian Midget Curls Softball Championship a grant in the amount of $4,000. atrick Woods CGA x Manager 120 i POST T COMMON COUNCIL r Augiust 3, 2010 His Worship Mayor Ivan Court City of Benin John And Members, of Common Council) Your Worship and Councilors SUBJECT: EFFECTIVE DATE AMENDMENT -'MICROSOFT AGREEMENT BACKGROUND The City uses a number of software products provided by Microsoft. These include the operating systems for 02 desktop computers,„ the operating systems for various servers, the Microsoft Office Suite and various other software products. This software requires the acquisition of licenses from Microsoft to gain the rights to use the latest versions of software products, to have access to upgrades and to be compliant with the Ilaw. July 5th 2010, council approved a recommendation for the City to enter into an agreement with Microsoft. ANALYSIS The new Microsoft agreement has two components: Select Agreement; Enterprise Agreement. It has been determined that each of these agreements have a different effective dates. For agreement administration efficiency it is recommended that both of these items have the same effective date.. FINANCIAL IMPLICATIONS No financial implications. INTUIT FROM OTHER SOURCES The attached documents have been reviewed by the City's Legal and Information Technology department. RECOMMENDATION'S It is recommended that Common Council approve the attached agreement with Microsoft Corporation. The attached simply amends the Select Agreement to have the same -effective dates as the Enterprise Agreement. 121 Re ac ` Illy s bmitted, Ian MacKinnon Information Technology Manager Patrick Woods City Manager 122 mcrosoft I Volume Licensing Select Agreement Amendment ID CT -1 1< J47a The section entitled "'Effective late" is hereby amended by adding the following: Both parties to the Agreement have agreed, for their mutual benefit„ that the Agreement and the first. Enrollment will have an effective date ether than the date it its signed by Microsoft. Therefore„ the effective date of the Agreement and the first Enrollment wiH be May 1, 2010. This amendment must be attached to signature farm to be valid. Select gr,Amend(M)( NG)(Apr2010) Efnectuve Cane BCC CT Page 1 of 1 123 124 Microsoft- I Volume Licensing Select i nla pure Form MBAtMBSA number Agreement number Note: Eisler the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated (here, or fisted below as new. S N- 1-10KW47a dcroscstf to complete This signature foam and All contract documents identified in the table below are entered into between the Customer and the (Microsoft Affiliate signing, as of the effective date identified below. <Choose One> <Choose Oine> GChoose Oine> <Choose One> Amendment: set effective date CT (related to documents under proposal lID SGN-1-101<5J47) By signing below, Customer and the Microsoft Atflhate agree that bath parties , i } have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Customer Microsoft 1 Name of Entity The City of Saint John Microsoft Licensing, GP Signature * Signature Printed Name Printed Title * Printed Name Signature Date * Printed Title Signature Date (date Microsoft Affiliate countersigns) Tax [D Effective gate (may be different than Microsoft's signature date) indicates required field ProgramSign' ormn(Cornrnerciai)(NA)(ENG)(oct2ol)g) Page 1 of 2 125 Optional 2nd Customer signature or Outsourcer Signature (if applicable) Norne of Entity * Signature * Printed Larne Printed Title * Signature Date Name of Entity * Signature * Printed Name Printed "Title * Signature Date If Customer requires physical media, additional contacts, or is reporting m7mulltiple previous Enrollments, include the appropriate form(s) with this signature form. If no media form is included, no physical media will be sent. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept, 551, Volume Licensing 6100 Neil Road, Suite 210 Keno, Nevada 89511-11771' 7, USA Prepared Icy: Roxan Smi-sky rswirsky@microsoft.com Program ignForm(Corr mercmal)(NA)(IEiNG)(Oct2OO9,) Page 2 of 2 126 i r 'rate city' of Siint John Mayor Ovary Court Mayor's Office Bureau du rnaire PROCLAMATION WHEREAS: Port City Rainbow Pride Inc. has been established and is dedicated to supporting and empowering people of all sexual orientations and gender identities in participating and contributing to the Greater Saint John Community, including celebrating diversity, educating the Greater Saint John Community on such issues discrimination, violence and harassment and promoting awareness, inclusivity and equality for all; and WHEREAS: people of Gay, Lesbian, Bisexual, Transgendered, Transsexual, Two-Spirited, Intersexed and Queer community contribute significantly to the social/cultural life and economic well-being of the City of Saint John; and WHEREAS: this community is proud to celebrate not only within its own community, but also invites citizens from the larger community of the city to celebrate with them; and WHEREAS: The eighth annual Pride Week Festival in Saint John will be held August 6f to 15th, 2010 under the banner "Port City Rainbow Pride Week"; and WHEREAS: Port City Rainbow Pride Inc. celebrates 225 years of Diversity and Queer History in Canada's Oldest incorporated city during this city's 225th birthday, NOW THEREFORE: I, Mayor Ivan Court, t.,.A of Sant Jahn do hereby proclaim the week of August 6th to 15t", 2010 as "The Greater Saint John Gay Pride Week Festival" In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint Jahn. SAINT JOHN P.o. Box 1971 Saint John, NB Canada 2L 4L1 G www.saintjohn.ca 1 C.P. 1971 Sair:. 411 127 I PROPOSED ZONING BY-LAW AMENDMENT RE: 4361 LOCH LOMOND ROAD Public Notice is hereby given that the Compton Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Tuesday, August 3, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 4600 square metres, located at 4361 Loch Lomond Road, also identified as being a portion of PID No. 00428524, from "P" Park and "RS-1" One and Two Family Suburban Residential to 4tIL-1" Neighbourhood Institutional, as illustrated below. [INSERT MAP] REASON FOR CHANGE: To permit the land to be used for a driveway from Johnston Road to the community centre located at 4349 Loch Lomond Road. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 4361, CHEMIN LOCH LOMOND Par les pr6sentes, un avis public est donne par sequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Parretti sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le mardi 3 aout 2010a 19 h : Rezonage d'une parcelle de terrain d"une superficie d'environ 4 600 metres carr6s, situ6e au 4361, cbemin Loch Lomond, et 6tant aussi une partie du Nm 00428524, de zone de pare << P et zone residentlelle de banlieue - habitations unifamiliales et bifamiliales <<RS-1» a quartier e vocation collective << IL-1 comme le montre ]a carte ci-dessous. [INSERER LA CARTE] RAISON DE LA MODIFICATION: Permettre que le terrain soit utilise pour une vole d'acces du chemin Johnston au centre communautaire situ6e au 4349, chemin Loch Lomond. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement 6 I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit A 1'attention du soussignd a 1'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 128 N 1 i 4 i~ d i d y 1 v v II TTTT I t( 48 1 C:l zz LLJ a Ra ® e • NA M a I [ ~ pQ Y s g ~ I i8 I~ IZ1500 ' UF4 311 R J !X. R X07 4 !1 ~ F C4- _j j o V 4 d L'J ~ , of N ~ ~C Lij A 3k p 9 w V 7- V z x W i = Y r Ao z ~ r 1 y , N ~ T ) G` ~y "r F if rQY r r, ~ 1 WE µ ~ J W u 4 ~ VS ~ ~K i* WtlyN t v O GT im. 0 m 7 4R 0 BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cr&6 cc qui suit : The Zoning By-law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&6 le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifie par : 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 4600 square metres, located at 4361 Loch Lomond Road, also identified as being a portion of PID No. 00428524, from "P" Park and "RS-1" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional 1 La modification de 1'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 4 600 metres carrels, situee au 4361, chemin Loch Lomond, et 6tant aussi une partie du NID 00428524, de zone de pare a P » et zone rdsidentielle de banlieue - habitations unifamiliales et bifamiliales «RS-1» a quartier a vocation collective IL-1 - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2010 and signed by: Mayor/Maire - tonics les modifications sont indiqu6es sur le plan ci joint et font partie du present arr6t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2010, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premiere lecture Second Reading - Dcuxi6e lecture Third Reading - Troisi6me lecture 131 July 28, 2010 Your Worship and Councillors: SUBJECT: Rezoning Application 4361 Loch Lomond Road On July 5, 2010 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 27, 2010 meeting. Raymond Glennie of "Cox and Palmer", representing the owners of the subject parcel of land, was in attendance at the meeting and indicated he was in favour of staff s recommendation. George Quigley, the Chair of the Pastoral Council, also spoke in favour of staff s recommendation. Seven residents from the surrounding Loch Lomond community were in attendance at the meeting to demonstrate their opposition to the proposed rezoning. Darren Johnston of 74 Johnston Road, John McCluskey of 156 Johnston Road and Sean Nobles of 50 Johnston Road spoke on behalf of the community members in attendance at the meeting. The representatives raised concerns regarding the potential hazard of creating a driveway off Johnston Road to access the community centre and church property. Specifically, the representatives of the community stated that the proposed driveway would result in an undesired increase in traffic occurring on Johnston Road. Furthermore, the community representatives noted that Johnston Street intersects with Loch Lomond Road at a particularly dangerous blind spot, which would create a greater hazard for vehicles wishing to turn left onto Johnston Road to access the proposed driveway. The community representatives stated that the proposed rezoning of the subject property to facilitate the creation of a secondary access driveway from Johnston Street to the community centre and church property was putting the youth of the surrounding neighbourhood at unnecessary risk because of the location of the designated stop for school buses on Loch Lomond Road and the lack of sidewalks in the area. At the recommendation of the Committee, however, the members of the community present at the meeting, the Chair of the Pastoral Council and the Father of the adjacent church agreed to pursue the option of relocating the school bus and public bus stops from their current locations on Loch Lomond Road to a 132 -2- pre-designated location on the church/community centre property. This arrangement was seen as beneficial to the local school children and general public in granting safe and reasonable access to buses from a location off the arterial road. In addition to the above presentation, the Committee received seven letters and one petition containing 36 signatures opposing the application (copies attached). After considering the report, letters received and comments made by the applicant, the Committee decided to recommend approval of the rezoning. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 4,600 square metres, located at 4361 Loch Lomond Road, also identified as being a portion of PID Number 00428524, from "P" Park and "RS-1" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional. Respectfidly submitted, Carl Killen Chairman JK Project No. 10-230 133 DATE: TO: FROM: FOR: PREPARED BY: JULY 23, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF JULY 27, 2010 REVIEWED BY: Jody Kliffer Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: Ken Forrest, MCIP, RPP Commissioner Cox and Palmer Marven Brown and Mary G. Brown 4361 Loch Lomond Road 00428524 (portion) Open Space Existing: "RS-1" One and Two Family Suburban Residential and "P" Park Proposed: "IL-1" Neighbourhood Institutional To permit the constriction of a driveway accessing the adjacent community centre at 4349 Loch Lomond Road from Johnston Road. Rezoning 134 Cox and Palmer 4361 Loch Lomond Road Page 2 July 23, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, August 3, 2010. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 4,600 square metres, located at 4361 Loch Lomond Road, also identified as being a portion of PID Number 00428524, from "P" Park and "RS-1" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed subdivision & rezoning application but does note the following: • There is no municipal servicing. • All proposed driveway accesses must be submitted to this Department for review and approval. Buildings and Inspection Services has no concerns with the re-zoning or the subdivision. Saint John Fire Department has no objection to this application. Saint John Transit has been advised of this application. ANALYSIS: ,Site and ,Surrounding Area The subject site is located in East Saint John, just beyond the airport at the intersection of Johnston Street and Loch Lomond Road. This is a semi-suburban neighbourhood consisting mainly of one-family dwellings on large lots with on-site services. The surrounding undeveloped lands are heavily forested. The housing stock is comprised mostly of modern one or two-storey dwellings. The subject property is approximately 9,190 square metres in area and contains a one-storey bungalow constricted in 1984. The adjacent property at 49 Johnston Road contains a two-storey dwelling with a detached garage that appears to be encroaching on the subject property. The property immediately to the west of the subject site is owned by the Roman Catholic Bishop of Saint John and contains the Loch Lomond Community Centre and St. Joseph's Church and rectory. The portion of the property that is the subject of the current rezoning is vacant of any strictures (other than the above-noted encroachment) or significant natural features. The area is relatively flat with mostly small shrubs and grass found throughout the property. 135 Cox and Palmer 4361 Loch Lomond Road Page 3 July 23, 2010 Proposal The applicant is seeking to subdivide and rezone a parcel of land with an area of approximately 4,600 square metres (49,514 square feet) located at the northern half of the subject property (see attached plan). After subdividing and rezoning the land, the applicant plans to sell the property to the adjacent church and community centre. The community centre, which is also the designated "park & ride" location for Saint John Transit in servicing this area of East Saint John, is seeking to constrict a driveway to access their property from Johnston Road. The driveway would effectively eliminate the need for the bus (as well as other vehicles) to turn around in the front area of the church where the presence of children entering and exiting the church and community centre is often significant enough to generate a concern for the general safety of the property. Analysis The community centre/church property to the west of the subject site was selected as one of the designated locations when the City extended its "ParcoBus" system to include four new sites in April, 2010. The "ParcoBus" system includes the above mentioned "park & ride" location where people are encouraged to park their vehicles and take the bus to their final destinations in the Uptown area. The provision of a second driveway accessing the community centre and church from Johnston Road poses no apparent issues from a planning perspective. The applicant has indicated that the existence of a second driveway access will enable the flow of traffic, most notably for the Loch Lomond bus, which uses the property as a "park & ride" facility. The addition of the secondary driveway will most likely help enhance the safety of the location, thus helping in the general success of Saint John Transit's goal of increasing ridership in this area of the City. CONCLUSION: The impact, if any, of rezoning the subject property and introducing a driveway to access the park & ride site located at 4349 Loch Lomond Road are negligible. On the contrary, the proposed rezoning to facilitate the establishment of a driveway would most likely aid in the success of the park & ride system. Approval of the application is recommended. JK Project No. 136 The city of saint John DATE: TO: FROM: FOR: PREPARED BY: JULY 23, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING,, PLANNING AND DEVELOPMENT MEETING OF JULY 27, 2010 Jody Kliffi Planner SUBJECT: REVIEWED BY- Mark Reade, P. Eng., MCIP, RPP Senior Planner Name of Applicant: Cox and Palmer Name of Owner: Marven Brown and Mary G. Brown Location: 4361 Loch Lomond Road PID: 00428524 (portion) Municipal Plan: Open Space Zoning: Existing: "RS-1" One and Two Family Suburban Residential and "P" Park Proposed: "IL-i" Neighbourhood Institutional Proposal: To permit the construction of a driveway accessing the adjacent community centre at 4349 Loch Lomond Road from Johnston Road. Type of Application: SAINT JOHN Rezoning 2 P.O. Box 1971 Saint John, NB Canada EX 437 I vmw-%Wntjohn.ca I C.P.1971 Saint John, NA. Canada EA 41-1 Cox and Palmer 4361 Loch Lomond Road Page 2 July 23, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, August 3, 2010. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 4,600 square metres, located at 4361 Loch Lomond Road, also identified as being a portion of PID Number 00428524, from "P" Park and "RS-1" One and Two Family Suburban Residential to "IL-1" Neighbourhood Institutional. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed subdivision & rezoning application but does note the following: • There is no municipal servicing. • All proposed driveway accesses must be submitted to this Department for review and approval. Buildings and Inspection Services has no concerns with the re-zoning or the subdivision. Saint John Fire Department has been advised of this application. Saint John Transit has been advised of this application. ANALYSIS: Site and Surrounding Area The subject site is located in East Saint John, just beyond the airport at the intersection of Johnston Street and Loch Lomond Road. This is a semi-suburban neighbourhood consisting mainly of one-family dwellings on large lots with on-site services. The surrounding undeveloped lands are heavily forested. The housing stock is comprised mostly of modem one or two-storey dwellings. The subject property is approximately 9,190 square metres in area and contains a one-storey bungalow constructed in 1984. The adjacent property at 49 Johnston Road contains a two-storey dwelling with a detached garage that appears to be encroaching on the subject property. The property immediately to the west of the subject site is owned by the Roman Catholic Bishop of Saint John and contains the Loch Lomond Community Centre and St. Joseph's Church and rectory. 138 Cox and Palmer 4361 Loch Lomond Road Page 3 July 23, 2010 The portion of the-property -that is the subject of the current rezoning is vacant of any structures (other- than the above-noted encroachment) or significant natural features. The area is relatively flat with mostly small shrubs and grass found throughout the property. Proposal The applicant is seeking to subdivide and rezone a parcel of land with an area of approximately 4,600 square metres (49,514 square feet) located at the northern half of the subject property (see attached plan). After subdividing and rezoning the land, the applicant plans to sell the property to the adjacent church and community centre. The community centre, which is also the designated "park & ride" location for Saint John Transit in servicing this area of East Saint John, is seeking to construct a driveway to access their property from Johnston Road. The driveway would effectively eliminate the need for the bus (as well as other vehicles) to turn around in the front area of the church where the presence of children entering and exiting the church and community centre is often significant enough to generate a concern for the general safety of the property. Analysis The community centre/church property to the west of the subject site was selected as one of the designated locations when the City extended its "ParcoBus" system to include four new sites in April, 2010. The "ParcoBus" system includes the above mentioned "park & ride" location where people are encouraged to park their vehicles and take the bus to their final destinations in the Uptown area. The provision of a second driveway accessing the community centre and church from Johnston Road poses no apparent issues from a planning perspective. The applicant has indicated that the existence of a second driveway access will enable the flow of traffic, most notably for the Loch Lomond bus, which uses the property as a "park & ride" facility. The addition of the secondary driveway will most likely help enhance the safety of the location, thus helping in the general success of Saint John Transit's goal of increasing ridership in this area of the City. CONCLUSION: The impact, if any, of rezoning the subject property and introducing a driveway to access the park & ride site located at 4349 Loch Lomond Road are negligible. On the contrary, the proposed rezoning to facilitate the establishment of a driveway would most likely aid in the success of the park & ride system. Approval of the application is recommended. JK Project No. 139 PLANKING AND DEVELOPMENVURBANISME ET-DEVELOPPEMENT • a, ~ c `•j~h~ .w too R a as ; a ,r IL 1 • u ~ -1 p • • i • ar • • r n- Subjec# Site/site en question: PID(5)INIP(s): ® 00428524 Location: 4361 Loch Lomond Road Date: July 13, 2010 Scale/6chelle:- Not to scale/Pas A Mchelle 140 Lq:$, 4040 ~ t L j 141 . Proposed Rezoning of Portion of 4361 Loch Lomond Road RS-l- h 100 ~~Qf IL-1 0 = Area to be Rezoned "IL- I " 142 Aerial Shoff of 4361 Loch Lomond Road 143 Lockhart, Lynda From: PAULA WALKER [pwalkerl @rogers.comj Sent: Friday, July 23, 2010 2:03 PM To: External - Planning Subject: PROPOSED REZONING 4361 LOCH LOMOND ROAD I'M AGAINST THIS REZONING ON OUR ROAD AS PER THE FOLLOWING REASONS. 1) TO CLOSE TG THE WATER SHED 2) WE HAVE ENOUGH TRAFFIC ON OUR ROAD NOW WITHOUT ANY MORE. 3) THERE IS-ALOT-OF SMALL CHILDREN THAT LIVE ON OUR ROAD WHICH WALKUP TO THE TOP OF THE ROAD TO CATCH THE SCHOOL BUSES OR ARE DROP OFF TO THE BUS STOP BY THEIR PARENTS. 4) OUR ROAD IS NOT BEEN KEPT UP BY THE CITY ENOUGH FOR MORE TRAFFIC. WE HAVE A MAGOR PROBLEM AT THE END OF THE ROAD DOWN BY THE BEACH WITH FLOODING. WHICH THE RESIDENTS CAN NOT WALK AROUND WITHOUT WALKING IN WATER WHICH HAS NOT BEEN A-DDRESSED.IN THE WINTER THE ROAD IS WORST. MOST CAR CAN NOT PASS THROUGH AS THE WATER HAS THEN TURN TO ICE. (RESIDENTS CALL IN THE WINTER TO HAVE SOMETHING DONE) BUT IT SHOULD BEEN FIXED NOW. AND WE REALLY NEED SPEED BUMPS AS THERE IS TO MANY DRIVING TO FAST FOR THE CHILDREN... MORE TRAFFIC WILL ONLY ADD TO THE PROBLEM AS PEOPLE WILL STILL DRIVE AROUND THE ROAD. 5) THE CHURCH WILL BE HAVING A LOT OF EVENTS AND THE EXTRA CARS WILL BE PARKING ON THE JOHNSTON ROAD AND LIMITING OUR ROAD TO ONE CAR. INSTEAD OF PARKING ON THE SIDE OF LOCH LOMOND ROAD WHICH THEY DO NOW. 6) THE CHURCH ALREADY HAS TWO DRIVEWAYS IN WHICH THEY COULD UPGRADE THEIR SECOND -ONE BESIDE THE RECTORY INSTEAD OF USING THE JOHNSTON ROAD. I HAVE LIVED IN THE AREA FOR 39 YEARS AND HAVE ATTENDING ST.30SEPH'S CHURCH TRIJ'STING THIS WILL BE TAKEN INTO CONSIDERATION. P WALKER JOHNSTON ROAD SAINT JOHN,N.B 144 07/25/2010 21:35 1506633-0886 SGS CANADA PAGE 01 Planning Advisory Committee City of Saint John Planning and Development P.O. Box 1971 Saint John, N.B. Elk. 4L1 July 25, 2010 Dear Sirs; JUL262010 In reference to your letter dated July 15, 2010 with respect to the proposed rezoning of 4361 Loch Lomond Road, we would like to state that we are opposed to the rezoning. We understand that the letter was only sent to neighbouring-property owners but we feel this proposal affects the Johnston Road community at large in particular these families with school aged children. We received a copy of this letter from another concerned resident and as well we signed a petition against the rezoning. We understand that this letter and the petition have been circulated to many of the families on Johnston Road. Although, we are not a neighbouring property owner, we do reside on Johnston Road and are very concerned about the safety of the children if this rezoning is approved, The children in our neighborhood travel by school bus daily. The children walk to the top of Johnston Road and board the school bus which stops on Loch Lomond Road, One of our children travels by school bus daily to Forest Hills Middle School. We do not want additional traffic on Johnston Road, in particular buses as we feel the safety of our child who walk to the bus stop would be at risk due to the fact that the road is narrow and without sidewalks. During winter months, the road is barely wide enough to allow two cars to pass safely. We believe the community centre located at 4349 Loch Lomond Road has other options to allow the safe drop off and pick up of the children using the facility which would not impact the sa" of the children of Johnston Road. Yours truly, 2 McCluskey 145 Lockhart, Lynda From: Johnston, Darren (HodzonNB) [Darren. Joh nston@HorizonN B. ca] Sent: Monday, July 26, 2010 10:53 AM To: External - Planning Subject: Proposed rezoning of 4361 Loch Lomond Road. Attention Jody Kliffer HI my name is Darren Johnston 1 am a resident of Johnston Road. I have some concerns regarding the proposed rezoning of 4361 Loch Lomond Rd to allow a driveway to be adjacent to the Community center from our road. As a result I have started a petition which is signed by thirty six residents from our road, expressing our concerns and our conclusion is that "We, do not want a driveway access built on our road". I plan on attending the meeting of July 27t°. I feel a better alternative would be to use an existing drive way located beside the rectory. All that would be needed is to route the traffic across the grass in front of the rectory, exiting out the other entrance. The church has 107 meters of road footage on Loch Lomond Rd. They should be able to make a second exit/ entrance using that space. Thanks, Darren. Darren Johnston RNI11 Cardiovascular Health and Wellness Horizon Health Network 1 R6seau de santb Horizon (506) 648-7539 Darren.JohnstonAHorizonNB.ca www_HorizonNB.ca MOM 14sVA4 DE LAM E4 .a.s,, W Horizon AI Ak 70 019 T W04Ot Horizon Health Network Disclaimer This e-mail communication (including any or all attachments) is intended only for the use of the person or entity to which it is addressed and may contain confidential and/or privileged material, if you are not the intended recipient of this e-mail, any use, review, retransmission, distribution, dissemination, copying, printing, or other use of, or taking of any action in reliance upon this e-mail, is strictly prohibited. If you have received this e-mail in error, please contact the sender and delete the original and any copy of this e-mail and any printout thereof, immediately. Your co-operation is appreciated. 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Si vous avez reru le prdsent courriel par erreur, priere de communiquer avec 1'expediteur et d'eliminer l'original du courriel, ainsi que toute copie 146 Lockhart, Lynda From: Susan Lent [susan.lent@hotmail.com] Sent: Tuesday, July 27, 2010 8:04 AM To: External - Planning Subject: proposed rezoning 4361 loch lomond road TO WHOM IT MAY CONCERN, IM AM AGAINST THE REZONING ON OUR ROAD BECAUSE. 1) THE TRAFFIC ON OUR ROAD NOW IS VERY BUSY, AND ALSO THE SPEED OF SOME OF THE CARS IS WAY TO FAST WE SPEND MOST OF THE EVENING YELLING AT PEOPLE TO SLOW DOWN, THESE ARE NON RESIDENCE. 2) THE ROAD IS SO BAD AS IT IS IN THE WINTER BECAUSE OF RUTS I COULD NOT USE MY CAR A COUPLE OF DAYS LAST WINTER HAD TO GET A NEIGHBOUR IN A TRUCK TO PICK ME UP FOR WORK. BECAUSE THE RUTS ARE SO BIG MY CAR WOULD SCRAPE SO BAD. 3) THERE IS A LOT OF CHILDREN ON THIS STREET AND WITH THE EXTRA TRAFFIC IT WOULD BE WORSE FOR THEM. 4) ALSO DOWN BY THE BEACH IT IS AT TIMES SO FLOODED WE CAN NOT WALK AROUND THE LANE AND IN THE WINTER AT TIMES YOU CANT EVEN GO THAT WAY. WHERE I LIVE I AM IN BETWEEN THE TWO PROBLEM SITES I HAD TO CALL THE CITY TWO YEARS IN A ROW TO HAVE THE STREET GRATED, MY HUSBAND HAS SEVERE HEART PROBLEMS AND THE AMBULANCE WOULD NEVER GET DOWN WHEN THE ROAD IS BAD. 5) I FEEL THE CHURCH ALREADY HAS ENOUGH SPACE FOR ANOTHER DRIVEWAY. 6) I FEEL THE TRAFFIC USING THE DRIVEWAY ON JOHNSTON ROAD WOULD STILL DRIVE AROUND OUR LANE TO ADD MORE PROBLEMS AND TRAFFIC. 7) I HAVE GRAND CHILDREN THAT SPEND A LOT OF TIME AT MY PLACE AND THAT IS WHY WE HAVE TO SPEND TIME OUT SIDE WITH THEM NOW IS BECAUSE OF THE SPEED AND TRAFFIC EVEN KNOW THEY ARE 8 AND 12 8) I ALSO THINK THAT EVERYTHING THAT HAS GONE ON HAS BEEN TO CLOSE TO THE WATER SHED RULES SHOULD APPLY TO EVERY ONE NOT JUST CERTAIN PEOPLE. 9) THE BUS STOP FOR THE CHILDREN IS AT THE TOP OF THE ROAD AND FEEL IT WOULD BE TO MUCH TRAFFIC FOR THE SMALL CHILDREN TO PAY ATTENTION TO LOCH LOMOND ROAD IS BUSY ENOUGH FOR THEM. I HAVE LIVED IN LOCH LOMOND FOR 33 YEARS AND CHOSE TO BECAUSE IT WAS A QUIET STREET KIND OF LIKE COUNTRY LIVING AND IN THE LAST COUPLE OF YEARS IS WHEN THE PROBLEMS STARTED OUT HERE WITH THE TRAFFIC I FEEL PUTTING THE DRIVEWAY IN WOULD CAUSE SO MUCH MORE TRAFFIC IM SURE LOTS OF PEOPLE WOULD DRIVE AROUND THE LANE. I DO NOT WANT THAT. THANK YOU IF YOU TOOK THE TIME TO READ MY LETTER, THE LENT FAMILY. Look 'em in the eye: FREE Messenger video chat Chat Now! 147 i July 26, 2010 Saint John Planning Department, As a resident of Johnston Road, I am opposing the proposed rezoning of land to allow the construction of a driveway from Johnston Road to access St. Joseph's Church and the newly constructed community center. The increased traffic on our road presents a real danger to our children. Our children and residents walk to the bus stop at the head of our road. This is where the children wait for school buses in the morning and they are dropped off in the afternoon to walk home. More traffic turning into our road and out of our road puts them at greater risk for accidents to occur. Safety will be compromised if this goes through. Traffic would not only include regular masses at church, the community center would have traffic coming and going seven days a week. Between parties, receptions, delivery trucks, preschool, afterschool programs, medical clinics, and other activities I may not be aware of, this could be a very large amount of traffic. The church has 107 meters of road frontage on Loch Lomond Road. This is more than enough access needed for vehicles. It has come to my attention that only a small fraction of residents of Johnston Road were advised of the proposed change. Five homes have received notification, there are around 50 homes on Johnston Road. This is not acceptable. There is only one entrance, therefore all residents would be directly affected if this driveway was to be build. Please deny the proposed rezoning of 4351 Loch Lomond Road. Sincerely, Colleen Johnston 74 Johnston Road Saint Jahn, NB E2N 1M6 148 Davidson, Janessa From: Donovan, Jane (NBCC - Saint John) Uane.donovan@gnb.ca) Sent: Monday, July 26, 2010 4:09 PM To: External - Planning Subject: proposed rezoning, 4361 Loch Lomond Road Good afternoon Please be advised that I am opposed to the construction of a driveway accessing the new community centre at St. Joseph's church. I reside at 200 Johnston Road. There are many young families on Johnston Road; there are a lot of children playing/driving bicycles on the road and we are fortunate that the road is not a thorough fare as it is a circle and primarily used by residents and their visitors. The new community centre has the capacity to hold large gatherings ( I believe approx. 200 people) so there could be times when there is a large number of vehicles leaving the centre at the same time. 1 would ask that the community centre come up with another plan as to the entrance/exit of the centre that would not include using Johnston Road Regards, Jane Donovan NBCC Saint John Campus Continuing Education P 0 Box 2270 Saint John NB E21- 3V1 phone 506 643-6183 fax 506 643-2049 www. nbcc.ca/sjcontin ui nged 1 149 11SI!,U D4 5aNTt Hor zo! RegiRnai Health Authority B, Zone 2, Saint idw Cardiovavcular Health & Wellness program: OMPaticnt Cardiac & Pulmonary Rehabilitation, HcaN Function Clinic & Snaking Cessation Main Line: 506-645-7648 Fax: 506-643-6658 icrl A 1'atlen'don cie r phnnel N°de t4ilE`pitc±ne: U& rdgionale de la smt6 B, acne 2, Saint John Programme de swtd cardiovca came et de mieuix-titre Clinique de consult s externes, de rdadaptadon pulmonaire, de la foadion cardlaque et renortcement au tabac Liigne principals : (506) 648-7648 Vldcopicur:(506)648-6658 l?tnm/1'!e: r I )nr-r., Number of pages! nombm de pages: Phone) N°de t6ldphone: FIX[r6l6copietn: 506-648-6658 D 1_ir9ettt d For Review/ ,A rivivw Comments/ conamentalres: © Please Reply/ Veuillez r6pondre Lc,(L~Aljq~- Coqfid,-,PWaIUyN(w4:e: Thiv fax, inelading any urruehrnews, isfor the wk trsc of irrAended mclpivWs) and may CONain fyMff& tiul and Privileged, 04brtwiion. Any imautheri_ed revkwv, use, dUdasure or dstrlIartlm to prnltlbtte& D 'You are not Ae hvended recrpier~, please cemlact they sowler and devfty all vapiev of the original mavAge. Cella tdlc~rnPie y come ri s !es Pikes joiatdc. Prot cvtttenir des reu dguemeatx M#Uvtliek dprivjUgils a I -bdentian du devdruuaim seWamew. Za kewre, I uliliratlon, kt dLvtft&R Oat Is dhWgadon Am aWrl dG cdk f 16zpk eat intff*e. si vow uvez rep Gene Wic v.pic el que vrues r gimpas k desiinaWre "u, veailfez Aoas aViter et Abnk ' cc Aerldiaognerl_ r, dhW fee Ixs pisrcrs JolnWs de wtm syslclme hif -arigae or do vos doesiers. Isar j m ip~rin> 150 WL d 6 « 559M9 8Vb6 92-LO-OLOE z PETITION TO DENY THE REZONING OF 4361 LOCH LOMOND ROAD The neighbouring property owners and residents of Johnston Road have strong concerns regarding the proposed rezoning of land to allow the construction of a driveway from Johnston Road to access the community center at St. Joseph's Church. x. Our children and residents walk to the bus stop at the head of our road. No sidewalks are available so the increased traffic proposes a threat to them. 2. Increased traffic on our road presents a danger to our children, who enjoy playing in our quiet neighbourhood. 3. Accidents occur at the head of our road because of a blind spot while turning onto our road. More traffic would mean the possibility of more accidents, potentially putting pedestrians at an increased risk. 4. Previous development in this area has been denied due to concerns far our watershed. The church owns 107 meters of access directly on Loch Lomond road which is more than enough space for vehicles to enter and exit. We do not want a driveway access built on our road. Name Address Phone Number Notified Yes or No 6V- 'q9 I ~ r iGI1 /do )Y,5 -Ib) k ~V 6 151 1/2 d L << 559M9 6VLL 92-20-OL02 Name Address Phone Dumber Notified Yes or No 0 3(1 r M 2 2 ell - r I T A IL d 7 A A 152 WE d 4 « 55998 9 6£ 66 92-ZO-OLOZ L Name Address Phone Number Notified Yes or No rZn I- t ~~J M► fin: J C-1 v 1~ ) 94 ~~t"W Q 79,1 7~ ~6 2oad 3 153 Wi d G << 599909 6£66 92-10-0602' BY-LAW NUMBER C.P. 110-148 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: A ETE No C.P. 110-148 A TE ODIFIANT L'A ETE S LE ZONAG DE THE CITY OF SAINT JOHN Lors d°une reunion du conseil communal, The City of Saint John a decrete cc qui suit The Zoning By-law of The City of Uarrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix-neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2010 and signed by: 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, pennettant de modifier la designation pour parcelle de terrain d'une superficie d'environ 450 metres carres, situec au 711- 713, chemin Manawagonish, et portant le NID 00035154, de zone residentielle - habitations unifamiliales et bifamiliales <<R-2» a zone comrnerciale generale <e B- 2 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur I'urbanisme. - touter les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avee les signatures suivantes : Mayor/Maire Common Clerk/Greffiere communale First Reading - July 19, 2010 Premiere lecture Second Reading - July 19, 2010 Deuxierne lecture Third Reading - Troisieme lecture - le 19 juillet 2010 - le 19 juillet 2010 154 FROM / / -s - One and Two Family Residential/ General Business / Zone residentielle-habitations Zone commercial generale unifamiliales et bifamiliales. Pursuant to a Resolution under Section 39 of the Community Planning Act Conforement a une resolution adoptee par le Conseil municipal en vertu de I'article 39 de la Loi sur Purbanlse Applicant: John Shea Location: 711-713 chemin anawagonish Road ID(s)/NIP(s) 0035154 06N76 155 Section 39 Conditions- 711-713 Manawagonish Read That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of a parcel of land having an area of approximately 450 square metres, located at 711-713 Manawagonish Road, also identified as being PID No. 00035154, be subject to the following conditions: a. That the hours of operation for the proposed business be restricted to Monday to Saturdays, from 08:00 to 17:00; b. That the non-residential use of the property be restricted to the current proposal; c. That mobile signs be prohibited; and, d. That the proposed business be contained within the footprint of the existing building. 156 BY-LAW NUMBER C.P. 110-149 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRET9 No C.P. 110-149 A 9TE MODIFIANT L'A PTE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars d'une rdunion du conseil communal, The City of Saint John a d6cr6t6 cc qui suit : The Zoning By-law of The City of L'arr&6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decr&6 le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modif.6 par : 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 5820 square metres, located at 120-148 City Road, also identified as being PID Nos. 00014811, 00014829, 00014837, 00014845, 00014852, 00014860, 00014878, 00014977, 00015016, 00015024, 00015032, 55025175, 55052765, 55052773 and 55191258, from "B-2" General Business, "1-I" Light Industrial and "RM-IF" Multiple Residential Infill to "IL-2" Major institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. 1 La modification de l'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie d'environ 5 820 metres carrds, situ6e au 120-148, chemin City, et portant les NID 00014811,00014829,00014837, 00014845,00014852,00014860, 00014878,00014977,00015016, 00015024,00015032,55025175, 55052765, 55052773 et 55191258, de zone commercials g6n6rale a B-2 zone d'industrie 16g6re « I-1 n, et zone d'6dification de logements multiples sur terrain intercalaire « RM-IF » a zone d'equipement collectif majeur a IL-2 » conform6ment a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by-law the * day of A.D. 2010 and signed by: - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2010, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffiere communale First Reading - July 19, 2010 Premiere lecture Second Reading - July 19, 2010 Deuxi6me lecture Third Reading - Troisieme lecture - le 19 juillet 2010 - le 19 juillet 2010 157 PLANNING AND DEVELOPMENT / URBANISME ET V L ENT REZONING 1 REZONAGE Amending Schedule of the Zoning By-Law o The City of Saint John o ifiant Annexe e A» e I'Arret a zonage de The City of Saint John Q• Na ~n6✓~ Ilpuuoi trf . G,~, IV \ / acd Dr. FROM / DE -2 General Business Zone commerciale enerale T/A 4I IL-2 jor Institutional / Zone d'euipeent collectif majeur 1 Pursuant to a resolution under Section 39 of the Community Planning Act ® Conformeent a une resolution adoptee par le conseil municipal en vertu de I' article 39 de la Loi sur Purbanisme Applicant: 641912 N. B. Inc. Location: 120-148 the in City Road ,o! 158 Section 39 Conditions-120-148 City Road That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land having an area of approximately 5,820 square metres, located at 120-148 City Road, also identified as PID Numbers 00014811, 00014829, 00014837, 00014845, 00014852, 00014860, 00014878, 00014977, 00015016, 00015024, 00015032, 55025175, 55052765, 55052773 and 55191258 be subject to the following conditions: (a) That development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, vehicular manoeuvring areas, driveways, loading areas, signs, exterior lighting, and othersite features, and that this approved plan be attached to the required building permit for the development; (b) That landscaping of the site be in accordance with a detailed landscaping plan, prepared by the developer and subject to the approval of the Development Officer, detailing the proposed site landscaping and that this approved plan be attached to the required building permit for the development; (c) That the exterior design and materials of the proposed building facades be subject to the approval of the Development Officer in order to ensure compatibility with the surrounding buildings, and that the approved elevation plan(s) also be attached to the required building permit for the development. (d) That the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast-in-place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; (e) That all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By- law. The landscaping must extend onto the City street right-of-way to the edge of the sidewalk; (f) That the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled; (g) That the developer provide detailed site servicing and engineering drawings, prepared by an engineering consultant, to the City for review and approval by the Chief City Engineer or his designate; and 159 (h) That site improvements associated with a particular building indicated on the approved site, landscaping and elevation plans be completed to the satisfaction of the Development Officer within one (1) year from the issuance of a building permit for the particular building. 160 PEEL PLAZA PROJECT PERFECTION I TOLERATED EXCELLENCE WILL BE July 21, 2010 2010-250 a Portion all' Pool Street and On April 2 Council v first and second dl s to a now by4aw in By-Law Number M-23 a 4 Respecting Stopping Up ind Closing of Highways In the City of Saint John regarding portion of Pool Street and l man Street. Third and final reading was tabled until such that street the stopping-up could and closing coincide closely with the start of construction for the Police rt ~rs. The t for the II Headquarters ck)sed on July 7, 201 and was awarded at Special Meeting of Council on July 1, 2010. The , PomeDdd u inc. has lrdbrmed us that they will be prepared to omobilize on J u 2, 2010. such, Council is third requested to provWe and final readli amendment t allow portion of Peel Street and Chipman closed. of the proposed by-lave reet to be stopped a and e I submitted, Woods, CGA 1`af MINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I CA 1971 Saint John, NA. Canada EX 40 161 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 Be it enacted by the Common Council of The City of Saint John as follows: 1 A by-law of The City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 202 immediately after Section 201 thereof, as follows: 202 The City of Saint John does hereby stop up and close permanently the following portion of highway: PEEL STREET: All that portion of Peel Street, an 18.3 metre wide public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,033 square metres and more particularly shown on a Plan of Survey, dated March 6, 2009 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of A.D. 2009 and signed by: ARRETE No M-23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DAMS THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : 1 Par les prdsentes, 1'arret6 de The City of Saint John intitu16, « L'arret6 sur ]'interruption de la circulation et la fermeture des routes dons The City of Saint John ddcr6t6 le 19 d6cembre 2005, est modifi6 par l'ajout de ]'article 202 imm6diatement apres I'article 201, comme suit : 202 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la portion d'une route suivante : RUE PEEL : Toute la partie de la rue Peel, 6tant une rue publique d'une largeur de 18,3 m6tres situ6e dons The City of Saint John, dons le comtd de Saint John et dons la province du Nouveau-Brunswick, d'une superficie de 1 033 m6tres carr6s, plus particuli6rement d6limit6e sur le plan d'arpentage ci joint dat6 du 6 mars 2009. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2009, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffi6re communale First Reading - April 14, 2009 Premi6re lecture - le 14 avril 2009 Second Reading - April 14, 2009 Deuxi6me lecture - le 14 avril 2009 Third Reading - Troisi&me lecture - 162 \ X17 yy J} -1 CJ y, ~ r r l', iill~ai~3 ~i : w w z ^ ^ ^^A w w.y Igoe I•. l~ f l ~Iva 0 re C~► O-A 4 4t n two oil i~ rte` " ~muc ~~l M J co 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 Be it enacted by the Common Council of The City of Saint John as follows: 1 A by-law of The City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 203 immediately after Section 202 thereof, as follows: 203 The City of Saint John does hereby stop up and close permanently the following portion of highway: CHIPMAN STREET: All that portion of Chipman Street, a 15.24 metre wide public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 837 square metres and more particularly shown on a Plan of Survey, dated March 6, 2009 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of A.D. 2009 and signed by: ARRtT]k No M-23 A ATE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cret6 ce qui suit : 1 Par les pr6sentes, 1'arret6 de The City of Saint John intitul6, «L'arret6 stir ('interruption de la circulation et la fermeture des routes dans The City of Saint John d6cr6t6 le 19 d6cembre 2005, est modifi6 par 1`ajout de ]'article 203 imm6diatement apr&s I'article 202, comme suit : 203 Par les pr6sentes, The City of Saint John barre et ferme de fa~on permanente la portion d'une route suivante : RUE CHIPMAN: Toute la pantie de la rue Chipman, 6tant Line rue publique d'une largeur de 15,24 metres situ6e dans The City of Saint John, daps le comt6 de Saint John et dans la province du Nouveau- Brunswick, d'une superficie de 837 metres carr6s, plus particuli6rement d6limit6e sur le plan d'arpentage ci joint date du 6 mars 2009. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6td le 2009, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffi6re communale First Reading - April 14, 2009 Premi6re lecture le 14 avril 2009 Second Reading - April 14, 2009 Deuxi6me lecture - le 14 avril 2009 Third Reading - Troisi6me lecture - 164 r,k s k Ulf l r V~" 7 'AIX 4 wV r 4 l e~ I ~1 Cli It ■r J-1 r~ ~~r-..yrs rat ,L w- rr tit swast kN Fit } ol v ~ 0.1 it- vi w i ld;lli 1 111 ~I ~ t11L1~~~~~~, Lo t The City of Saint John August 3, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Subject: Dumpsters in Public Rights-of-Way Rationale: A citizen pointed out to me that large dummpsters, especially in the Uptown, are often so large that they present a safety hazard at night. Motion: That reflectors be required on dumpsters that encroach on public streets and 1 or rights-of-way. Respectfully submitted, (received by e-mail) Carl Killen Councillor . . SAINT JOHN P.O. Box 1921 Saint John, NB Canada E2L 4L1 ! www,saintjohn.ca I C,P.1971 Saint John, N.-B. Canada E2L 4L1 166 - p c} w~ "4 The City of Saint John August 3, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Subject: King Street 1 St. Patrick Street Intersection Rationale; The volume of pedestrian traffic is such at a number of intersections in the City that right vehicular turns on a red light are prohibited (Charlotte at King; Waterloo at Union). The intersection between City Hall and Market Square is especially prone it seems to rapid turning over two lanes.. Motion: That the City Manager report on the appropriateness of prohibiting right hand turns on a red light at the foot of King Street where it intersects with St. Patrick Street. Respectfully submitted, (received by e-mail) Carl Killen Councillor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I wwwsaintjohn.ca CA 1971 Saint John, N: B. Canada E2L 4L1 167 M&C 2010-256 August 3, 2010 lei I His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council: Th, Utl~ UL i-11n, SUBJECT: Special Meeting of Common Council for P1anSJ Growth and Change Plan. BACKGROUND: Council updates on P1anSJ The P1anSJ process was designed to engage Council at key milestones in the development of the Municipal Plan. Periodic updates have been provided to Council at each key stage as the project has moved forward. Since P1anSJ began Common Council has: • Awarded the consultant contract and related Municipal Plan Project Charter in November of 2009; • Appointed the P1anSJ Citizens Advisory Committee in December of 2009; • Approved an enhanced public engagement program including the P1anSJ Storefront, youth engagement and project videos; • Accepted the first public engagement report which reported on public feedback from the launch and awareness phase of the project in April of 2010; and • Contributed to the directions and opportunities for growth stage of the process at a special Council session held on June 10th 2010. As further discussed in this report, it is anticipated that Council will continue to play an active role as P1anSJ moves forward. Where we are in the P1anSJ process The P1anSJ project is part of a two year process to develop a new Municipal Plan by the end of 2011. Phase one involves the development of a growth and change strategy (which will define "where we grow and change"). This will set the stage for the adoption of the Municipal Plan in 2011 which will set out policies and an implementation framework defining "how we grow and change". On Saturday June 12th the P1anSJ team hosted a very successful public workshop at Harbourview High School on the directions and opportunities for the Municipal Plan. With over 130 participants taking part in a day-long workshop, the P1anSJ team received lots of great ideas and feedback. These inputs together with the results from the completed workbooks will be 168 2 presented in a second public engagement report which summarizes the feedback during the opportunities and directions phase of the project. The first of a three part video series is also in production and will be presented along with the engagement report at Council's meeting on August 16th These work products from the opportunities and directions phase of the project will form the foundation for the development of a series of growth and change options. The options will illustrate different future growth patterns for Saint John building on the themes and directions which have come forward from our public engagement to date. PURPOSE: The purpose of this report is two-fold: 1. Update Council on key milestones in the public engagement process for the growth plan phase which is scheduled to be substantially completed by the end 2010; and 2. Seek Council's approval to schedule a special Committee of the Whole Council session on September 2nd to participate in the development of choices for growth and change for P1anSJ. ANALYSIS: What Comes Next To meet the timelines of the P1anSJ project to develop a municipal plan by 2011, a key deliverable is to finalize a preferred growth and change scenario by the end of this year. The next major public engagement planned for P1anSJ is during the choices for growth and change phase which will occur in mid October of 2010. In order to prepare the growth options for public discussion in October, input will be needed from staff, the P1anSJ Citizen Advisory Committee and Common Council during the week of August 31st. Staff is proposing that Common Council agree to a special Committee of the Whole session at the P1anSJ Storefront on Thursday September 2nd from 4-6pm to have input on the development of the options for growth. The format of this session will be similar to the previous June 1 oth Council meeting and will feature an interactive discussion with Council. The development of the choices for growth and change is one of the most critical moments in the P1anSJ process. The choices will identify a number of scenarios for growth and identify specific locations within the city where that growth should be directed. Moving forward there are a number of key dates for Council to be aware of in relation to the P1anSJ process for 2010: • At an August 16th regular Council meeting, the P1anSJ team will present the second public engagement report documenting the opportunities and directions phase of the project for Council's consideration. On September 2nd the P1anSJ team is proposing to host a special Committee of the Whole Council session for Council's input into the development of choices for growth and change for the Municipal Plan. 169 3 • On September 27th the P1anSJ team will give Council an update at a regularly scheduled meeting on the plans for the next public engagement event planned for mid October on the choices for growth and change • A public workshop and open house is proposed to be held on October 14, 2010 (TBC) to seek the public's feedback on the choices for growth and change. • In early November, the P1anSJ team will report back to Council on the results of the choices phase and plans for a public engagement on the preferred scenario for growth and change. • It is anticipated that the final public engagement on the preferred growth and change plan will occur during the first week of December during which time a special session of Council is anticipated to preview the materials being presented to the public. FINANCIAL IMPLICATIONS: There are no financial implications to this report. Staff has created a cost centre specifically to track expenses related to the Municipal Plan to improve accountability and tracking of municipal plan costs over the course of the project. RECOMMENDATION: It is recommended that Common Council: 1. Schedule a special Committee of the Whole Council session on September 2nd at 4pm to discuss the choices for growth and change for P1anSJ. Respectfully submitted, Ken Forrest, MCIP RPP Commissioner Planning and Development J. Patrick Woods, CGA Deputy City Manager KFAII 170 M&C 2010-257 August 3, 2010 lei I His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, a~ Th, Utl~ UL i-11n, SUBJECT: Completion of Fiscal Impact Analysis Work to Support the Growth and Change Options for P1anSJ BACKGROUND: In November, 2009, Common Council awarded the consultant contract for the preparation of a new Municipal Plan for Saint John. The contract was awarded in conjunction with a Project Charter that was jointly developed by the City and the project team to guide the two year process leading to the delivery of the Plan. The Project Charter envisioned the potential need to undertake additional work to provide more robust analysis to ensure that the Municipal Plan provides appropriate policy direction for the City for the life of the Plan. PURPOSE AND ANALYSIS: Development of a Fiscal Impact Analysis Model for Saint John Common Council is aware that P1anSJ has now moved into a critical phase of the overall planning process. The project team is working towards the development of a series of options for growth and change that are a product of the community conversation on the City's future which has been underway since the beginning of this year. It also incorporates significant technical analysis that has been undertaken by the project team in the technical background reports. Many of our citizens have expressed a strong desire to see Saint John grow "smaller and smarter" in the future and pursuing this vision for the community will require that P1anSJ consider radically different ways of accommodating development than have become typical in this City since the adoption of the last Municipal Plan in the 1970's. Prior to selecting a preferred option for growth and change for Saint John, the team sees significant benefits in 171 2 obtaining comprehensive fiscal analysis that fully evaluates the relationship between revenue and costs (both operating and capital costs) for the existing predominant patterns of growth in Saint John and the scenarios for growth and change for the community that are currently under development. This will provide valuable financial information to assist our citizens as well as Common Council and the project team as we together focus-in on the selection of a preferred option for growth and change. It is expected that a preferred option will be selected by the end of 2010 and this will provide the foundation for the policy development work necessary to build the Municipal Plan. The Project Charter for P1anSJ foresaw the potential need to better understand municipal infrastructure costing for various forms of development and this was identified on Page 39 of the Charter. Staff and the project team have had a number of discussions on the potential scope of work for this project and have engaged in discussions with the City Manager and the Commissioner of Finance. The City Manager and Commissioner share the project team's belief that this work is a critical input to gain widespread community understanding and support around a preferred option for growth and change. The City Manager and Finance Commissioner also believe that this work is vitally important for the City more generally given the financial challenges the City faces in coming years. The most significant challenge facing the City is with respect to timelines. As Council knows, the P1anSJ schedule is extremely aggressive with a project initiation to completion schedule of less than two years. A series of options for growth and change are being developed now with substantial completion expected by October, 2010. Public engagement is then scheduled for mid October which will present the growth options to our citizens. The public availability of the comprehensive fiscal analysis in advance of this engagement is necessary in staff s view to assist the public in selecting their preferred option. It will provide a more complete picture of the implications of the various growth patterns and it will clearly establish the relationship between how we choose to develop our City and the resulting costs to citizens that must be funded through the collection of property taxes and other non-tax revenue. This leaves the City with the significant challenge of trying to engage qualified professionals and have the fiscal information prepared in time for the October public workshop and open house. Staff are aware of only two firms that possess the highly specialized skills required to perform this type of work for an urban municipality. One firm, Hemson Consulting, has previously carried out work for the Planning and Development Department with the recent completion of both the analysis of the City's planning application fees and a review of our suite of development incentive programs. Hemson is already very familiar with the City's organizational stricture as well as our operating and capital budgets and revenue streams. The firm's knowledge of the City combined with their unique expertise to support a highly technical analysis of this nature leads staff to conclude that they are the only firm capable of delivering the product the City requires within the very tight timeframes allowed by the existing Plan SJ process. A letter of proposal is attached from Hemson Consulting outlining the scope of work for the project. This proposal was developed in association with the project team. Staff are prepared to recommend that Common Council award a contract with a maximum upset budget limit of $50,000 inclusive all applicable taxes and eligible disbursements for the development of a financial impact model to support the P1anSJ process in accordance with the attached Letter of Proposal dated. 172 3 FINANCIAL IMPLICATIONS: The total expenditure related to this body of work will be $50,000 inclusive of taxes and disbursements. The Planning and Development Department has identified savings in other line items within the overall budget for the Department which should cover the fiill cost of this work. It should be emphasized that staff see this piece of work as a critically important input into the P1anSJ process. Developing a complete understanding of the relationship between the revenue gained from various forms of development and the City's resulting operating and capital expenditures is vitally important before selecting a preferred growth option. Receipt of this analysis has the potential to save the City millions of dollars in future expenditures if Municipal Plan policy requires new development to assume built forms that are more fiscally sustainable for our citizens and tax payers. RECOMMENDATION: It is recommended that Common Council award a contract to Hemson Consulting with a maximum upset budget limit of $50,000 inclusive of all applicable taxes and eligible disbursements for the development of a financial impact model to support the P1anSJ process in accordance with the attached Letter of Proposal dated 2010.07.28 and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfidly submitted, Ken Forrest, MCIP RPP Commissioner Planning and Development J. Patrick Woods, CGA Deputy City Manager KFAII 173 HEMSON Consulting Ltd. 30 St. Patrick Street, suite 1000, Toronto, Ontario, Canada M5T 3A3 Facsimile (416) 595-7144 Telephone (416) 593-5090 e-mail: hemson®hemson.com Via e-mail July 28, 2010 Ken Forrest, MCIP, RPP Commissioner, Planning & Development City of Saint John P.O. Box 1971 Saint John, NB, E2L 4L1 Dear Mr. Forrest: Re: Consulting Services for the Development of a Financial Impact Model Further to our recent meeting, I can confirm that Hemson would be very pleased to develop a Financial Impact Model to be used as a tool by the City for examining the fiscal impacts of growth and the ongoing servicing needs. The Financial Impact Model will focus on the next ten years but will be designed to accommodate growth projections to the year 2031, which is the planning horizon of the City's new Municipal Plan. The model will be developed in Excel and will be based on the City's current financial documents (i.e. operating budget accounts). The model will have, at a minimum, the following features and characteristics: • review of the City's existing policies and practices; • structure consistent with the City's current budget and accounting groupings, definitions and classifications; • growth-related capital-induced operation impacts; 174 -z- • utilization of existing facilities and infrastructure; • forecast changes in all operating expenditures; • financial impact of assumed developer-constructed infrastructure; • high "useability" and flexibility to allow sensitivity and alternative scenario testing; • ability to identify, recommend and incorporate key financial performance measures, benchmarks and other indicators; • ability to assess current benchmarks, including the rural pattern of development currently permitted by the City; • ability to forecast change in property tax revenues; and • forecast and examination of debt servicing costs and levels. The analysis will examine a number of growth scenarios (3 or more) that reflect varying locations, quantities, and densities of development. The growth scenarios are being developed by Urban Strategies Inc. and City staff and will be provided to us. Our proposed approach to developing fiscal impact models is outlined in the attached appendix. We can refine the workplan to achieve the particular needs of the City of Saint John. Our firm's experience, qualifications, local knowledge, and working relationship with City staff established through out prior assignment are proven strengths that we will bring to this project. We are proposing the following staff for the study. Craig Binning, Partner, will be the Project Director for the assignment and will be responsible for all of its facets. Craig has over twenty-one years of municipal finance consulting experience. Craig has managed and participated in a wide range of municipal consulting studies and assignments. He developed a particular expertise in the area of municipal fiscal impact analysis including the development of financial models, analysis of long-range fiscal impact of the provision of municipal services, and the examination and quantification of municipal revenue sources including property taxes, development charges, user fees, and alternative revenue sources. Craig brings highly relevant knowledge and experience to this assignment and will be the key designer and developer of the long-term financial planning model. Stefan Krzeczunowicz, Senior Consultant, will be the project manager of the assignment. Stefan will be responsible for the day-to-day aspects of the project and will attend all meetings and presentations. Stefan will assist Craig with the development of the financial impact model. HEMSON 175 .3, Janet Lee, a Consultant at Hemson, will be the key developer of the financial models related to this assignment. Janet has over three years of experience in the municipal finance field and has particular expertise in the areas of development charges. She has been involved in the preparation of development background studies for several municipalities including the Township of Russell, Municipality of Clarington, and the Town of Innisfil. We are willing to undertake the assignment for an upset fee budget limit of $50,000 inclusive of taxes and expenses and based on two trips to Saint John for meetings and one meeting in Toronto in August to discuss preliminary results. Should further meetings be required we would charge the City at our standard hourly rates. They are: Craig Binning $280 Stefan Krzeczunowicz $175 Janet Lee $150 Support $75 We are prepared to start immediately and will work closely with City staff and Urban Strategies to achieve the City's key milestones, including ensuring that the appropriate deliverables are ready for public consultation by mid-October 2010. We look forward to having the opportunity to work with you, other City staff and Urban Strategies on this important assignment. Please feel free to contact me if I can provide any additional information. Yours truly, HEMSON CONSULTING LTD. Craig S. Binning Partner HEMSON 176 SUGGESTED WORK PLAN A four-phase work plan is proposed for the duration of the study. The data collection will begin once the scope of the work has been discussed with senior staff, prior to the Kick-Off Meeting. Phase I denotes the initiation of the project in which the bulk of the review and assessment of the existing data will occur. In Phase 2, the model will be developed and the data will be assembled. Based on the results of Phase I and 2, a draft of the final report will be prepared and input will be provided directly to Urban Strategies in support of the options for growth developed under the Plan Saint John process. Phase 4, the final phase, will culminate in a presentation of the results of the study to the Plan Saint John Team. PHASE 1 -PROJECT INITIATION 1.1 Kick-off Meeting with Senior Staff/Steering Committee We understand that a meeting with representatives from specific program areas will assist in the collection of background data and development of key model assumptions and drivers. We propose that a meeting with the Project Team be scheduled one week after the awarding of the contract. The objectives of this meeting will be to: • review the proposed work plan and timelines; • establish appropriate staff contacts; • discuss major issues and existing financial policies and practices; • discuss key service and financial issues that will require attention during the conduct of the project; and • obtain available background data and information. 1.2 Review City's Existing Program and Service Complement A key activity during the initial phase of the study will be the examination of existing data for both content and format. In our experience, the most efficient and effective approach is to tailor the model structure and data to reflect the City's particular requirements and data availability. There are additional data needs beyond the costing data such as growth projections, demographic data, and historical capital infrastructure inventories. We understand that the City has compiled varying growth scenarios for this analysis. 177 We strongly support using the City's detailed operating and capital budgets as the base for the financial model. Using the line-by-line detail accounts requires additional data-entry time when the model is first constructed but results in numerous benefits including: • line entries easily recognized by all staff; • easier and more efficient annual updates; and • providing maximum flexibility in undertaking sensitivity analysis and adjusting key variables and drivers. Initial growth-related capital cost estimates will be based on the City's current capital budget, development charges study, and any available master servicing studies. 1.3 Assess Current and Future Demographics A key component of a long-term financial plan is examining the growth anticipated in a municipality and determining what servicing needs arise from this growth. We will examine what fiscal implications the servicing needs have on the municipality and will draw upon the growth forecast work conducted in support of Plan Saint John. PHASE 2 - MODEL DEVELOPMENT AND DATA ASSEMBLY From our past work in developing long-range financial planning models for municipalities, we have developed basic model structures that can be modified for application to this project. However, it will be necessary to tailor the model structure and data to reflect the City's particular requirements and data availability. Generally, strategic planning models of this type require the specification of. • capital infrastructure components and sub-components to be modelled; • what we call "driving" variables, which are the quantifiable indicators/measures that are used as proxies of the forecast need for each services (e.g. population or age-specific population forecasts); • service level measures; • where applicable, capital costs for new facilities for development charge eligible infrastructure; • capital cost estimates and schedules for major repair/rehabilitation of City capital facilities and infrastructure; • housing unit population and non-residential space forecasts and average current value assessments by type for projecting assessment growth; and • reasonable financial parameters for inflation, borrowing costs and investment income. 178 r The proposed structure will: • be developed in Excel; • cover a 22-year planning period (2010.2031 • provide key variable assumptions set-out on a single page allowing for easy sensitivity testing; and • provide clear and concise output pages. Exhibit 1 provides an overview illustration of the proposed structure of the Fiscal Impact Analysis. We propose that the initial modelling and data collection be based on the service levels anticipated in the City's most recent capital budget over the forecast period (with appropriate adjustment for growth in need that could result from the "driving" variable forecast). This current service level modelling will provide a useful base line for the various programs. During the review and data collection phase, we will note known or perceived deficiencies that may presently exist. These could include service level deficiencies, City funding deficiencies (e.g. lack of adequate provision for major repair and/or rehabilitation of capital facilities). During subsequent phases, sensitivity testing for addressing alternative servicing and funding requirements will be performed. 2.1 Project Operating and Capital Spending Requirements We propose that the initial modelling and data collection be based on maintaining current service levels over the forecast period. This current service level modelling will provide a useful base line. During the review and data collection phase, we will note the known or perceived deficiencies that may presently exist. These could include service level deficiencies, upper-tier funding deficiencies (e.g. lack of adequate provision for major repair/rehabilitation of capital facilities), etc. During subsequent phases, sensitivity testing for addressing alternative servicing and funding requirements will be performed. A. Operating Costs The operating unit costs/revenues will be based on the City's 2010 budget data. We propose to use an average cost/revenue basis for some municipal services (e.g general administration), but we will use a capital-induced approach for other services. For example, as roads and related, or say, indoor recreation centres, are added, an increase in operating costs will be included in the model. B. Capital Costs Typically, four types of capital would be embodied in a capital plan. We will work with staff to review and enhance the City's capital expenditure plans including the following four major capital categories: 179 .J W 0 O ilk J z . Q W Q V .r 0 W W 0 U v ~ ~ O ~ O to U C L6 E. ~ 4 V 180 z 0 w x • Growth-related Capital - to be taken from the capital budget. Portions of projects to be financed from development charges as well as portions requiring non-development charge funding (e.g. non-growth shares, 10% discount portion) will be identified. • Provision for Rehabilitation/Replacement of Existing Capital Assets - inventories of existing major capital assets will be reviewed so that rehabilitation/replacement provisions can be estimated. We will prepare estimates using average cost factors, life expectancies and municipal best practices. • Capital Received Through Dedication - we will work with departments to identify typical dedications received by the City for residential and non-residential subdivisions. • Capital Requirements for New Services - new capital facilities or infrastructure are to be added or enhancements made to existing capital facilities and infrastructure, they will be identified in conjunction with departments. C. Assessment and Tax Revenue Forecast An independent component of the model will be the projection of the assessment growth and changes to the existing tax base. Assessment growth will be a function of the growth-forecast and assumptions regarding average assessment by land use type and functions. The average assessment assumptions will be developed based on samples of current assessment in the City of Saint John. The residential assessment will be broken down by various unit types: singles, semis, multiples, large and small apartments etc.. The non-residential assessment will be based on assumptions expressed as a value per square foot of gross floor area, land area or some combination of the two. All of the assumptions will be clearly set out to allow for annual verification and updating and sensitivity testing. The foregoing review will identify the City's total capital requirements over the years 2010-2031 (and annual provisions for rehabilitation/replacement that may occur beyond that period). For each project, portions to be funded from typical sources (e.g. subsidies, development charges, taxes, utility rates) will be identified. This will ensure that a reasonably comprehensive view of capital requirements is documented and included in the analysis (any present debt-supported funding requirements will also be identified and included). In addition, a focus of the analysis will include an operating budget impact component. The operating budget component of the model will be driven by unit costs and revenue assumptions development from the City's operating budget data, recent actuals and the 2010 budget figures. The initial analysis will be completed on a service by service basis at a relatively high level. 181 2.2 Review Lifecycle Costing for Future Infrastructure Replacement An important component of the model will be the analysis of the future financial requirements for the repair and replacement of the City's existing and future capital infrastructure, Saint John is both a growing and an aging municipality. It is critical that the model reflect the financial requirements to keep the City's existing capital assets in a "state of good repair". We will examine the adequacy of the City's existing practices and existing reserves. We are proposing that the financial model formalize the repair and replacement reserve fund provisions using a life-cycle costing approach for major infrastructure. The analysis will consider existing infrastructure and facilities as well as those to be added over the analysis period as new growth occurs. 2.3 Analyze and Provide Options to Fund "Gaps" Between Revenues and Expenditures The review prepared in steps 2.1 and 2.2 above will be compiled to identify those planned facilities and infrastructure for which capital and operating funding gaps (where identified expenditures are greater than forecast revenues) are evident. We will assist the City in identifying strategies that might be employed to mitigate and manage any identified funding gaps. Some examples of strategies employed in other municipalities that may be considered in Saint John include but are not limited to the following: • Setting priorities for addressing critical versus "nice to have" expenditures and providing varying levels of funding to address all or only portions of the defined gap within specified time periods; • Use of front-ending agreement and development charge prepayment agreements to manage the cashflow of financing growth-related infrastructure; • Gradually but fiscally manageable way increasing tax and utility supported contributions to capital from current to close critical funding gaps; + Explore the use of public-private partnerships for design, build and operation of municipal facilities; • Considered use of long term debt financing to smooth the fiscal impact of large capital expenditures; • Seeking funding support or alternative revenue sources from senior levels of government; and Combinations of the above. The alternative strategies and recommendations will be prepared in consultation with the staff. 182 2.4 Assess City's Ability to Sustain Debt We will examine any existing debts the City may carry, in conjunction with potential future deb financing to the City's approved debt policy. Short-term debt financing will be considered to address any infrastructure deficiencies that may exist. The analysis will consider increasing debt financing for selected portions of the capital program (usually to pre-determined policy levels appropriate to the circumstances) and also the City's approved debt policy. 2.5 Presentation of Initial Concepts and Results We propose to have a progress meeting to present and discuss the preliminary results including all of the components identified above. The meeting will also be used to more fully discuss the City's long-term financial objectives. PHASE 3 - MODEL APPLICATION AND DRAFT REPORT 3.1 Refinement of Assumptions Used and Finalization of Model Following the second meeting, the financial models will be refined and finalized. In addition, any outstanding data and information issues will be resolved and the model will be adjusted accordingly. 3.2 Recommend Changes to City's Current Financial Policies We will review and discuss the City's existing financial policies and recommend any necessary changes. 3.3 Prepare Draft Final Report Following the refinement and finalization of the model, we will prepare a draft report based on our findings. The final report will include an executive summary that outlines the key findings of the study and the methodology on which the findings are based; this includes the process used in developing the models, the model structure and assumptions. The report will also comment on the growth options prepared under Plan Saint John and on next steps that should be considered. 3.4 Present Draft Final Report to Senior Staff/Steering Committee The draft report will be presented to the Project Team and senior staff for review. PHASE 4 - FINAL PRESENTATION Following staff review and making appropriate adjustments, a well-documented final report will be prepared. The final report will be presented to the Plan Saint John Team and/or Council as required. Should any comments or feedback that would necessitate changes to the model be received, the report will be amended to reflect those changes. A final report will then be released. 183 City Solicitors Office Bureau de Pavocat municipal The City of Saint John July 29, 2010 Common Council of The City of Saint John Your Worship and Councillors: Re: Rockwood Park Council at its meeting of July 5, 2010 received a letter dated June 28, 2010 jointly signed on behalf of Friends of Rockwood Park (FORP) and Sandy Point Road Neighbourhood Group (SPRING). It was referred to the City Manager and the City Solicitor. By report dated July 14, 2010, we addressed the following two questions raised by the June 28th correspondence: Question #1: Do you intend to alter the historical borders of Rockwood Park? Question #2: What is the City's motive in seeking to distinguish lands conveyed from the Horticultural Association and other properties acquired by the City for Rockwood Park? Our July 14 report generated a debate at the July 19, 2010 meeting about the boundaries of the lands the City acquired in 1967 from the Saint John Horticultural Association, and which are subject to restrictions on use. As we explained in the July 14 report, in 1967, the Saint John Horticultural Association (Association) conveyed to the City all of its lands, save and except the Association's lands in Highland Park. The lands are substantially as shown on a Plan of Property prepared in March 1959 by Murdoch Lingley Limited. 12 RO. Box 1971 Saint John, NB Canada 't r.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada L 4L1 184 2 Common Council July 29, 2010 Re: Rockwood Park During the July 19 meeting, the Mayor asked the solicitor who attended the meeting whether she could report back at Council's next meeting on the boundaries of those lands the City acquired from the Association. There was confusion whether this was the will of Council. The Minutes which were submitted for Council's approval this evening will show that there was no motion or vote to have the City Solicitor report back to Council at its next meeting on this issue. Although it might have been Council's intention to have us report back, it is necessary for Council to pass a resolution in this respect. The following resolution is appropriate: Resolved that the City Solicitor report to Council on the boundaries of the lands the City acquired from the Saint John Horticultural Association in 1967. Should Council pass this resolution, we have the report and related materials on hand to distribute to Council during the meeting. Respectfully Submitted, /John L:w` lUgent ' City Solicitor G 185 lei July 14, 2010 M & C 2010-244 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Excavation By-Law BACKGROUND a~ Th, Utl~ UL i-11n, A By-law respecting Excavation of Streets in The City of Saint John or "Excavation By-law", sets out the terms and conditions for the public to enter on and excavate or work in the public right-of-way. The goal of the by-law is to provide protection for the infrastructure and to limit what work takes place within the public right-of-way. At the beginning of this year, staff began a review of the current by-law in order to identify areas where improvements could be made. It had been a number of years since the current by-law had been updated. Following the review, staff drafted a new By-law respecting Excavation of Streets in The City of Saint John for Council's consideration. ANALYSIS During the review of the existing by-law, several areas were identified where improvements could be made. Staff then sought to develop solutions for the identified areas that would be both fair to the party seeking an Excavation Permit as well as providing protection for the infrastructure. The following outlines the major changes that have been proposed: • Surface reinstatement responsibility - Under the current by-law, this responsibility lies with the individual taking out the Excavation Permit. Some of the difficulties with this in the past have included reinstatements that have not been completed according the City of Saint John General Specifications which then become maintenance issues, excessive delays in getting the reinstatements completed, and in some cases reinstatements not completed at all. Under the proposed by-law, the responsibility for completing the surface restoration will be shifted to the City. When an applicant takes out a permit, a deposit will be paid to cover the costs of the reinstatement. The applicant will be 186 M & C 2010-244 July 14, 2010 Page 2 responsible for notifying the City when the excavation is ready for reinstatement, after which time the City will have the reinstatement completed. This will ensure that the reinstatement is completed in a timely fashion and according to the General Specifications. • Permit fee - The current application fee for an Excavation Permit is $10. It is proposed that this amount be increased to $250 to more effectively cover the costs associated with the Excavation Permit process, including processing the application and providing follow up inspections to ensure the work is being carried out according to the permit conditions. • Introduction of Pavement Degradation Fee - Under the current by-law, there is no compensation for the reduction in life of the asphalt pavement due to cutting into the surface. The proposed by-law includes a provision for the collection of a fee for this degradation. The fee is based on the size of the excavation as well as the age of the asphalt surface. • Time limits on Excavation Permits - Currently Excavation Permits do not have an expiry date associated with them. Under the proposed by-law, the permits expire after 30 days after issue unless otherwise stated. This will allow for greater control over when excavations are made in the public right-of-way as an individual will not be able to excavate a street in December on a permit issued in June. There is also a provision where an Excavation Permit may be renewed upon payment of a renewal fee. This will cover the costs associated with staff having to confirm that the conditions under which the permit was issued are still valid. • Excavation Permit conditions - Under the current by-law, very few conditions were attached to each Excavation Permit. The proposed by-law more clearly defines the standard conditions for each permit as well as provides for any special conditions that the City believes is required to carry out the work. Some of the standard provisions include the hours of work, signage requirements, backfill requirements, timelines for notification to the City and the ability of the City to order an excavation to be backfilled. • Insurance requirements - The current by-law includes a condition that the applicant provides proof of insurance coverage in the amount of $200,000. Under the proposed by- law, the amount of insurance coverage would be increased to $2,000,000 with the City being added as an additional insured which better reflects current insurance requirements. In addition, the applicant would also be required to sign an indemnity agreement with the City for any work carried out under the Excavation Permit. • Access to private property - Currently when an individual wishes to add an access to private property (cutting of the curb or installation of a culvert for a driveway) they pay a $10 fee and are responsible for completing the work. This has often resulting in work that does not meet the requirements of the General Specifications (curbs cut and reinstated improperly, undersized or improper culverts, etc.) and become maintenance issues. Under the proposed by-law, the individual would take out an Excavation Permit, pay the deposit and the City would have the work completed. As in the case of the surface reinstatements, this will ensure that the work is completed according to the General Specifications. • Provisions for Utility Companies - Under the current by-law, there are no provisions made for dealing with Utility Companies and the many excavations they may make during the year. In the proposed by-law, the City may issue an annual permit to a Utility 187 M & C 2010-244 July 14, 2010 Page 3 Company that does not have an access agreement already in place with the City (as in the case with Enbridge and Bell Aliant.) • Ability to refuse to issue Excavation Permit - Currently the by-law is not specific about the City's ability to refuse to issue an Excavation Permit. Under the proposed by- law, this ability is clearly defined along with the reasons why the City may choose to not issue an Excavation Permit. • Penalties for not following By-law - Under the current by-law, any person who violates any provision of the by-law is liable to a penalty of $25 to $100. This penalty has not proved to be an effective deterrent. With the proposed by-law, the range for the penalty has been increased to $250 to $1,070 for any violation. There is a provision where any person who has violated the by-law can pay a voluntary fine of $175 to avoid further prosecution, provided that violation has been corrected to the City's satisfaction. Also, any individual that excavates within the public right-of-way without a valid Excavation Permit will be notified to stop work and immediately apply for an Excavation Permit and have to pay an additional $200 fee. This fee will be on top of the $250 application fee. During the review process, it was also noted that a section of another City by-law would have to be repealed as it would be in conflict with the new Excavation By-law. Section 8 of By-law Number M-19 A Law Relating to the Public ,Sheets in the City of Saint John and to Prevent Certain Nuisances in the Said City provides for a permit fee for an excavation as well as a penalty for not applying for a permit. These amounts differ from what is in the proposed Excavation By-law. The City Solicitor has prepared and attached to his report an amendment to repeal Section 8 of A Lai j) Relating to the Public Streets in the City Of Saint John and to Prevent Certain N11?sauces in the Said City. FINANCIAL IMPLICATIONS There should be no negative financial impact on the City as a result of implementing this by-law. The costs associated with processing the applications and inspecting the excavations will be covered by the cost of the application fee. The costs of the surface reinstatement will be borne by the applicant with the City just arranging to have the work completed. There will be a positive financial impact on the City through the collection of the pavement degradation fees. At this time it is difficult to predict what this amount will be as it is dependent upon the number of asphalt excavations, the size of the excavations being made and the age of the street being excavated. 188 M & C 2010-244 July 14, 2010 Page 4 RECOMMENDATION It is recommended that Common Council: a) enact the proposed Excavation By-Law as prepared and submitted concurrently by the City Solicitor; and b) amend A Law Relating to the Public ,Sheets in the City of Saint John and to Prevent Certain Nuisances in the Said City to delete s. 8. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 189 City Solicitors Office Burean de Pavocat municipal July 16, 2010 Common Council of The City of Saint John Your Worship and Councillors: Re: Excavation of Streets By-Law And related Amendment to the Public Streets By-Law The City Manager is contemporaneously submitting a report (M&C 2010- 244) in which he recommends that Council enact a new Excavation of Streets By-Law and repeal section 8 of the By-Law relating to the Public Streets in the City of Saint John and to prevent certain nuisances in the said City (Public Streets By-Law). In light of the operational benefit of having this by-law in place for the current construction season, we prepared the proposed by-law in anticipation of Council adopting the City Manager's recommendation. 1. Proposed Excavation of Streets By-Law As stated in the City Manager's report, the intent of the proposed by-law is to regulate the manner in which work may be undertaken within the street right-of ways. The existing by-law dates back to 1968 (although a translated version was enacted in 2004, which repealed the 1968 English only version). The City Manager points out to Council in his report the difficulties encountered under the existing by-law where reinstatement is done by persons other than the City to a standard lower than that provided for in the City's General Specifications and how such work eventually becomes a liability to the City. /2 190 2 Common Council July 16, 2010 Excavation of Streets By-Law Section 7 of the Municipalities Act provides that a municipality may provide the services listed in the First Schedule and where a municipality does provide those services, it may make by-laws with respect to such services. Streets is one of the services listed in the First Schedule. Paragraph 100(1)(b) of the Municipalities Act provides that a municipality may impose minimum fines for violations of a provision of a by-law. Paragraph 100(1)(c) of the Municipalities Act provides that a municipality may by by-law impose fines for a violation of a by-law enacted thereunder not to exceed one thousand and seventy dollars ($1 070). Subsection 100(3) of the Municipalities Act provides that where a by-law imposes a fine for a violation of a provision of a by-law, the Council may by by-law provide that such fine as prescribed by by-law be paid and upon such payment the person committing the violation is not liable to be prosecuted therefor. The attached proposed Excavation of Streets By-Law will address the issues raised in the City Manager's report by: 1) shifting the responsibility for reinstating the streets to the City, at the costs of the person who requested the excavation permit; 2) by increasing the permit fees; and 3) by imposing additional fees for pavement degradation and investigations. It also provides, as recommended by the City Manager, for a minimum fine of $250 and a maximum fine of $1070 for a violation of any of the provisions of the by-law. And it provides for the payment of a lower fine ($175.00) within 20 calendar days of the violation, and upon such payment, the person committing the offence is not liable to further prosecution. Common Council may, if it wishes, give first and second reading to the attached proposed by-law. /3 191 3 Common Council July 16, 2010 Excavation of Streets By-Law 2. Amendment to the Public Streets By-Law Section 8 of the By-Law relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the City provides as follows: 8. No person or persons, bodies corporate or otherwise, shall dig up or excavate, or cause to be dug up or excavated, any part of any street or sidewalk, or any part of any public square, or to remove any pavement whatever of the streets of the said City, for any purpose, without first procuring a permit from Municipal Operations of the said City, under the penalty of twenty dollars, said permit shall be given under the hand of the Commissioner of the Department, and the person applying for such permit shall, before obtaining the same, deposit with the said Commissioner the sum of ten dollars as security that the street, sidewalk or square shall be put in as good condition as at the time of applying for the permit. The Commissioner shall pay over to the Chamberlain every week the moneys thus received by him, and the Chamberlain shall return the same to the person or persons who made the deposit, upon receiving a certificate from the Superintendent of Streets of the said City that the street, sidewalk or square is left in as good condition as the same was in before such opening or excavation was made. Whenever such permission shall have been given, the work permitted shall be proceeded with without delay, and the street, sidewalk or square left in as good condition as the same was in before such opening or excavation, under the penalty of eight dollars each day for every day the street or square may be allowed to remain in an unfinished and incomplete condition. This By-Law dates back to 1876 (although a translated version was enacted in 2005 which repealed the English only 1876 version). This section should have been repealed in 1968 when the City enacted the existing version of the Excavation of Streets By-Law, but somehow was not. As section 8 of the Public Streets By-Law addresses the same concerns as are intended to be addressed in the proposed Excavation of Streets By-Law, section 8 of the Public Streets By-Law should be repealed. /4 192 4 Common Council July 16, 2010 Excavation of Streets By-Law The attached amendment to the Public Streets By-Law will result in the repeal of section 8. Common Council may, if it wishes, give first and second reading to the attached amendment to the Public Streets By-Law. Respectfully Submitted, John L. Nugent City Solicitor Attachments 193 A By-law respecting Excavation of Streets in The City of Saint John By-law Number The City of Saint John New Brunswick Arrete concernant les excavations dans les rues de The City of Saint John Arrete numero The City of Saint John Nouveau-Brunswick 194 1 TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Arti cle Designation Page Recitals 3 Preambule 3 1 Title & Scope 3 1 Titre et champ d'application 3 2 Definitions 3 2 Definitions 3 3 Interpretation 4 3 Interpretation 5 4 Excavation Permit Required 5 4 Imperativite du permis d'excavation 5 5 Application for Excavation Permit 5 5 Demande de permis d'excavation 5 6 Fees 6 6 Droits exigibles 6 7 Conditions of a Permit 7 7 Conditions afferentes au permis 7 8 Permit Refusal 9 8 Droit de refuser le permis 9 9 Openings on Lands Adjacent to 9 Cavites pratiquees sur des Street 10 terrains adjacents a une rue 10 10 Responsibility for Reinstatement 10 10 Responsabilites a I'egard de la restauration 10 11 Indemnity and Insurance 10 11 Indemnisation et assurance 10 12 Utilities 11 12 Entreprises de services publics 11 13 Access to Private Property 12 13 Acces aux proprietes privees 12 14 Emergencies 12 14 Urgences 12 15 Failure to Obtain Permit 12 15 Defaut de permis 12 16 By-law Not Applicable to City 13 16 Immunite de la municipalite 13 17 Exceptions 13 17 Exceptions 13 18 Offences 13 18 Infractions 13 19 Repeal 13 19 Abrogation 13 Schedule A Fees 15 Annexe A Droits exigibles 15 195 2 RECITALS PREAMBULE Attendu : 1. WHEREAS the public holds a right to 1. que le public a le droit d'utiliser les use and travel over the public Streets; rues publiques et de se deplacer sur celles-ci; 2. AND WHEREAS The City of Saint John deems it advisable to pass this by-law because it will establish standards to regulate the manner in which a person may enter on and break up any public Street so as to not unduly interfere with the said public's right ; 3. AND WHEREAS The Municipalities Act authorizes municipalities to pass by- 3 laws respecting Streets pursuant to Section 7 of the Act; 4. AND WHEREAS Pursuant to paragraph 100(1)(a) of the 4 Municipalities Act, a person who violates any provision of a by-law commits an offence and is liable on conviction to a fine; 5. AND WHEREAS Notice of this By-law and of the Common Council meeting at which this By-law was discussed were 5 provided in accordance with the provisions of the Municipalities Act; NOW THEREFORE, the Common Council of The City of Saint John, under authority vested in it by Section 7 of the Municipalities Act, enacts as follows: 2. que The City of Saint John juge opportun de prendre le present arrete destine a reglementer la maniere par laquelle une personne pourra s'introduire dans une rue publique et la creuser sans porter indument atteinte a ce droit du public; que I'article 7 de la Loi sur les municipalites autorise Ies municipalites a prendre des arretes concernant Ies rues; que, par 1'effet de I'alinea 100(1)a) de la Loi sur les municipalites, une personne qui contrevient a une disposition quelconque d'un arrete commet une infraction et est passible d'une amende sur declaration de culpabilite; qu'avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu a ete donne conformement a la Loi sur les municipalites, A ces causes, en vertu des pouvoirs que lui confere I'article 7 de la Loi sur les municipalites, le conseil communal de The City of Saint John edicte : 1 TITLE 1 1 This By-law may be cited as the "Saint 1 John Excavation By-law." TITRE Le present arrete peut titre cite sous le titre : Arrete surles excavations a Saint John. 196 3 2 DEFINITIONS 2 Whenever a word is used in this By-law with its first letter capitalized, the term is being used as it is defined in this Section. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "Applicant" means any person making written application to the Commissioner for an excavation permit hereunder; (requerant) "City" means The City of Saint John; (municipalite) "Commissioner" means the Commissioner of Municipal Operations and Engineering of the City or his designate; (commissaire) "Excavation" means (a) any act, operation or process by which the Surface and/or underlying material of a Street is cut into, dug, uncovered, removed or displaced, or (b) an opening produced by an act, operation or process referred to in clause (a), as the case may be. (excavation) "Excavation Investigation Fee" means an additional fee collected by the City to recover the costs associated with the investigation and notification to persons responsible for unauthorized Excavations in the Street or Sidewalk; (droit d'examen d'excavations) "Pavement Degradation Fee" means an additional fee collected by the City to recover the costs related to a reduction in pavement life due to 2 DEFINITIONS 2 Dans le present arrete, les termes en petites majuscules sont employes au sens defini au present article, les autres mots ayant leur sens ordinaire en frangais. 197 COMMISSAIRE » Commissaire aux services d'operations municipales et d'ingenierie de la MUNICIPALITE OU son representant. (Commissioner) DROIT DE DETERIORATION DE LA CHAUSSEE » Droit supplementaire pergu par la MUNICIPALITE en recouvrement des frais afferents a la reduction de la duree de vie de la chaussee imputable aux EXCAVATIONS et aux intrusions pratiquees dans la SURFACE de la chaussee. (Pavement Degradation Fee) DROIT D'EXAMEN D'EXCAVATIONS » Droit supplementaire pergu par la MUNICIPALITE en recouvrement des frais afferents a 1'examen d'EXCAVATIONS non autorisees pratiquees dans une RUE OU un TROTTOIR et a la notification des responsables de ces travaux. (Excavation Investigation Fee) ENTREPRISE DE SERVICES PUBLICS » Personne physique ou morale ou regie qui est proprietaire, exploitante, gestionnaire ou controlante d'une entreprise d'approvisionnement du public en eau, electricite, services de telecommunication, gaz nature) ou autres gaz a usage combustible. (Utility) EXCAVATION » Selon le contexte : a) operation relative au coupage, au creusage, au decapement, a 1'enlevement ou au deplacement de la SURFACE d'une RUE ou des materiaux Excavations and intrusions in the pavement Surface; (droit de deterioration de la chaussee) "Sidewalk" means that portion of a highway or Street between the curb lines of the lateral lines of a roadway, and the adjacent property lines set apart for the use of pedestrians, and includes any part of a highway set apart or marked as being for the exclusive use of pedestrians; (trottoir) "Street" means the entire width between the boundary lines of every highway, road, lane, alley, curb, Sidewalk, park or place when any part thereof is used by the general public for the passage of vehicles and pedestrians, and includes the bridges thereon; (rue) "Surface" means the topmost layer of the Street and includes asphalt, concrete, sod, bricks, cobbles, pavers, chipseal or any other type of treatment; (surface) "Utility" means any person, commission or corporation owning, operating, managing or controlling an undertaking for the supply of water, electric power, telecommunications service, natural gas or other gas intended for use as fuel to the public. (entreprise de services publics) 4 sous-jacents; b) cavite produite par ('operation visee a I'alinea a). (Excavation) MUNICIPALITE » The City of Saint John. (City) REQUERANT » Personne qui presente une demande ecrite de permis d'excavation au COMMISSAIRE en vertu du present arrete. (Applicant) RUE » SURFACE entiere qui s'etend entre les limites laterales des routes, chemins, ruelles, allees, bordures, TROTTOIRS, pares ou places utilisee en tout ou en partie par le grand public pour la circulation des voitures ou des pietons, y compris les ponts qui s'y trouvent. (Street) SURFACE » Couche superieure de la RUE, y compris son rev2tement au moyen notamment d'asphalte, de beton, de gazon, de briques, de galets, de paves ou de macadam. (Surface) TROTTOIR » Partie d'une RUE qui s'etend de la bordure des limites laterales de la chaussee jusqu'aux limites des bien-fonds adjacents et qui est reservee a ('usage des pietons, ainsi que toute partie d'une RUE reservee ou marquee a ('usage exclusif des pietons. (Sidewalk) 3 INTERPRETATION 3 INTERPRETATION 3 Rules for interpretation of the language 3 used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, section names appearing in thi: convenience of and have no interpretation. article and and numbers > By-law are for reference only effect on its (b) This By-law is to be read with all Les regles d'interpretation suivantes s'appliquent au present arrete. a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de I'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent titre 198 5 changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 1973 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By- law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Its visent les Lois revisees du Nouveau- Brunswick de 1973 sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau- Brunswick de cette anneedI . Dans tous les cas, le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la MUNICIPALITE visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s'ajoutent a celles decoulant d'autres arretes applicables de la MUNICIPALITE ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que ce soit, la decision n'entache en rien la validite de I'arrete dans son ensemble ni de toute autre disposition. 4 EXCAVATION PERMIT REQUIRED 4 IMPERATIVITE DU PERMIS D'EXCAVATION 4 No person shall: 4 Sans avoir obtenu du COMMISSAIRE un permis d'excavation a ces fins conformement au present arrete, it est interdit : 199 6 (a) excavate, break, tunnel, undermine or in any manner disturb any Street or make or cause to be made any Excavation in or under the Surface of any Street for any purpose; or (b) place, deposit or leave upon any Street any earth or other material obstructing or tending to interfere with the free use of the Street; (a) d'ouvrir, de miner ou de perturber en aucune fagon une RUE, ou de pratiquer ou de faire pratiquer a toutes fins un tunnel ou une EXCAVATION dans une RUE OU SOUS sa SURFACE; unless such person has obtained an excavation permit therefor from the Commissioner as herein provided. (b) de placer, de deposer ou de laisser dans une RUE de la terre ou quel autre materiau susceptible d'obstruer la RUE OU de nuire au libre usage de la RUE. 5 APPLICATION FOR EXCAVATION 5 DEMANDE DE PERMIS PERMIT D'EXCAVATION 5(1) No excavation permit shall be issued 5(1) Aucun permis d'excavation n'est unless a written application for the delivre sans qu'une demande ecrite de issuance of an excavation permit is permis d'excavation ne soit presentee submitted to the Commissioner. au COMMISSAIRE. 5(2) An application for an excavation permit 5(2) shall state: a) the name, address and telephone number(s) of the Applicant; b) size, nature, location and purpose of the Excavation; c) the proposed date of commencement and the expected date of completion of the Excavation; and d) such other information as may be prescribed by the Commissioner. La demande de permis d'excavation enonce les renseignements suivants : a) les nom, adresse et numero(s) de telephone dU REQUERANT; b) les dimensions, la nature, 1'emplacement et ('objet de I' EXCAVAT I O N ; c) les dates prevues pour le debut et la fin de I'EXCAVATION; d) tout autre renseignement qu'exige le COMMISSAIRE. 5(3) An application for an excavation permit 5(3) La demande de permis d'excavation shall be accompanied by plans est accompagnee de plans montrant showing: ce qui suit : a) the extent of the proposed Excavation; (a) l'etendue de I'EXCAVATION prevue; 200 7 b) the dimensions and elevations of both the existing ground prior to the Excavation and of the proposed Excavation; and c) the location of the Excavation 5(4) When an Applicant intends to do multiple Excavations, the Commissioner may issue either a single permit for the multiple Excavations or one permit per Excavation. 6 FEES (b) les dimensions et les elevations du site avant I'EXCAVATION et celles de I'EXCAVATION projetbe; (c) 1'emplacement de I'EXCAVATION. 5(4) Lorsque le REQUERANT entend effectuer plusieurs EXCAVATIONS, le COMMISSAIRE peut delivrer soit un seul permis pour 1'ensemble de celles-ci, soit un permis pour chacune. 6 DROITS EXIGIBLES 6(1) The completed application for an 6(1) La demande de permis d'excavation excavation permit under this By-law dument remplie conformement au shall be accompanied by the following: present arrete est accompagnee de ce qui suit : (a) a non-refundable Excavation Permit Application Fee as prescribed under section 1 of Schedule "A" of this By-law; (b) a non-refundable Pavement Degradation Fee as prescribed under section 3 of Schedule "A" of this By-law; (c) a minimum amount of five hundred dollars ($500.00) or an amount which, in the opinion of the Commissioner, is sufficient to pay the cost of restoring the Street to the condition it was prior to the Excavation, whichever is greater; and (d) a signed indemnity agreement. 6(2) The City shall waive the Pavement Degradation Fee prescribed at paragraph (1) b) when the Excavation is being made on a section of Street that is listed on the City's current year reconstruction or resurfacing program, provided the Excavation is completed (a) le droit de demande de permis d'excavation non remboursable prescrit a I'article 1 de I'annexe A du present arrete; (b) le DROIT DE DETERIORATION DE LA CHAUSSEE non remboursable prescrit a I'article 3 de I'annexe A du present arrete; (c) la somme de 500 $ ou une somme plus elevee qui, de l'avis du COMMISSAIRE, sera suffisante pour couvrir les couts de la refection de la RUE a son etat d'origine; (d) une promesse d'indemnisation signee. 6(2) La MUNICIPALITE renonce au DROIT DE DETERIORATION DE LA CHAUSSEE prevu a I'alinea (1)b) dans les cas ou I'EXCAVATION est pratiquee sur un trongon de RUE vise par le programme de refection ou de rechargement de I'annee en cours, a condition que 201 prior to the City undertaking the reconstruction or resurfacing. 6(3) Once the City has completed the restoration of the Surface pursuant to subsection 10(2), the actual cost of the Surface restoration and any work necessary under section 7 shall be deducted from the amount referred to in paragraph (1) c) and any remaining balance shall be returned to the Applicant within 60 calendar days. 6(4) If the amount paid pursuant to paragraph (1) c) proves insufficient to pay for the restoration of the Surface done by the City pursuant to subsection 10(2) and for any work necessary under section 7, the Applicant shall pay the City immediately upon request the difference between the amount paid pursuant to paragraph (1) c) and the actual cost of restoring the Street to the condition it was in prior to the Excavation. 7 7 CONDITIONS OF A PERMIT 8 I'EXCAVATION soit terminbe avant que la MUNICIPALITE n'entreprenne la refection ou le rechargement. 6(3) Une fois que la MUNICIPALITE a fini de restaurer la SURFACE en application du paragraphe 10(2), les couts reels de ces travaux ainsi que des travaux rendus necessaires par 1'effet de I'article 7 sont deduits de la somme visee a I'alinea 1c) et le solde eventuel est restitue au REQUERANT dans Ies 60 jours civils qui suivent. 6(4) Si la somme versee en application de I'alinea (1)c) s'avere insuffisante pour payer Ies travaux de restauration de la SURFACE effectues par la MUNICIPALITE en application du paragraphe 10(2) et Ies travaux rendus necessaires par 1'effet de I'article 7, le REQUERANT, sur demande, paiera immediatement a la MUNICIPALITE la difference entre cette somme et Ies couts reels de restauration de la RUE a son etat d'origine. 7 All excavation permits shall be 7 subject to the following conditions: (a) the schedule and hours of the Excavation work shall be as prescribed by the Commissioner; (b) the Applicant shall, at all times and until the Surface has been reinstated, keep the Excavation safe with respect to vehicular and pedestrian traffic, including direction of traffic, barricades, lights, signs and the supply of properly trained and equipped traffic control personnel for the protection of traffic in 202 CONDITIONS AFFERENTES AU PERMIS Tout permis d'excavation est assujetti aux conditions suivantes : (a) le calendrier et Ies heures des travaux d'EXCAVATION seront conformes a ceux fixes par le COMMISSAIRE; (b) en tout temps et jusqu'a ce que la SURFACE soit restauree, le REQUERANT assurera la securite de I'EXCAVATION a I'egard de la circulation des voitures et des pietons, en ce qui concerne notamment la direction de la circulation, Ies barrages, la signalisation lumineuse ou autre et I'affectation d'un personnel de regulation de la 9 accordance with the City's General Specifications and the New Brunswick Occupational Health and Safety Act; circulation bien forme et equipe conformement au Cahier general des charges de la MUNICIPALITE et a la Loi sur ('hygiene et la securite au travail du Nouveau-Brunswick; (c) all Excavations shall be identified by approved warning signs which shall remain in place until restoration of the Surface has been completed; (d) written notice must be given to the Commissioner prior to the installation of temporary steel plates over Excavations; (e) the Applicant shall ensure that the Street and Sidewalks are kept free from nuisance, dirt, dust, debris and any other thing that would impede the free passing of vehicles and pedestrians; (f) all Excavations are to be backfilled with such material as approved by the Commissioner and properly compacted, and in the event that material other than approved material is used, said material shall be removed and replaced with approved material at the Applicant's expense; (g) the Applicant must give a minimum of twenty-four (24) hours notice to the Commissioner before commencing backfill operations; (h) the Applicant must ensure that access to fire hydrants and water shut-off valves is not blocked during the course of their work; (c) toutes les EXCAVATIONS seront signalees au moyen de panneaux de mise en garde approuves qui demeureront en place jusqu'a la fin des travaux de restauration de la SURFACE; (d) le COMMISSAIRE sera prevenu avant que soit posee une plaque d'acier temporaire au- dessus d'une EXCAVATION; (e) le REQUERANT veillera a ce que la RUE et les TROTTOIRS soient degages de toute nuisance, salete, poussiere, debris et autres choses pouvant nuire a la libre circulation des voitures et des pietons; (f) les EXCAVATIONS seront remblayees de materiaux approuves par le COMMISSAIRE puis seront bien compactees, etant entendu que tous materiaux non approuves seront enleves et remplaces par des materiaux approuves aux frals dU REQUERANT; (g) le REQUERANT donnera au COMMISSAIRE un preavis minimal de 24 heures avant d'entamer les travaux de remblai; (h) le REQUERANT veillera a ne pas bloquer I'acces aux bornes- fontaines et aux robinets d'arret d'eau pendant ses travaux; 203 10 (i) the Applicant shall not permit an Excavation to remain open longer than is necessary for the purpose for which it was made; Q) all Excavations shall be sufficiently and continuously barricaded at all times, and shall be properly secured and enclosed by a fence or a barrier sufficient to protect the public from injury in accordance with the provisions of the City's General Specifications and any applicable regulations under the New Brunswick Occupational Health and Safety Act; (k) the Commissioner may order additional precautions, work stoppages and restorations of the Street should circumstances warrant such action and upon failure of the Applicant to carry out such orders within twenty- four (24) hours, the Commissioner may undertake the necessary work and recover any costs from the Applicant; (1) the Applicant shall, after receiving either verbal or written notice from the Commissioner, backfill the Excavation within forty-eight (48) hours of such verbal or written notice and upon failure of the Applicant to do so, the Commissioner may backfill the Excavation and recover any costs from the Applicant; (m) in the event of an emergency, the Commissioner may immediately and without notice backfill an Excavation and recover any costs from the Applicant; (i) le REQUERANT ne laissera pas une EXCAVATION a decouvert plus longtemps que necessaire pour les fins auxquelles elle a ete pratiquee; (J) Ies EXCAVATIONS seront bien securisees, suffisamment et constamment dotees en tout temps de barrages et entourees d'une cloture ou d'une barriere suffisante pour proteger le public des blessures, conformement au Cahier general des charges de la MUNICIPALITE et aux r2glements applicables pris en vertu de la Loi sur ('hygiene et la securite au travail du Nouveau- Brunswick; (k) le COMMISSAIRE pourra ordonner des mesures additionnelles de precaution, des arrets de travail et des restaurations de la RUE Si les circonstances le justifient, et sl le REQUERANT omet d'y donner suite dans les 24 heures qui suivent, it pourra entreprendre les travaux necessaires et en recouvrer les coots dU REQUERANT; (1) sur notification orale ou ecrite du COMMISSAIRE, le REQUERANT devra dans Ies 48 heures qui suivent remblayer I'EXCAVATION, a defaut de quoi le COMMISSAIRE pourra la remblayer et en recouvrer Ies coots dU REQUERANT; (m) en cas d'urgence, le COMMISSAIRE pourra, immediatement et sans preavis, remblayer I'EXCAVATION et en recouvrer Ies coots du REQUERANT; 204 11 (n) where the Commissioner is of the opinion that the work for which a permit was issued under this by-law is not being performed in accordance with this by-law, the Commissioner may with notice to the Applicant perform such work as deemed appropriate by the Commissioner and recover any costs from the Applicant; (o) excavation permits are not transferable; (p) the excavation permit shall be on the Excavation site at all times and it shall be available for inspection by the City; (q) all work performed under a permit granted pursuant to this by-law shall be completed in accordance with the City's General Specifications, the plans submitted pursuant to subsection 5(3) and any terms and conditions imposed by the Commissioner; (r) an excavation permit is valid for a period of thirty (30) days or until October 15 of each year, whichever is sooner, unless prescribed otherwise by the Commissioner and any expired permit may be renewed upon the payment of an Excavation Permit Renewal Fee as set out at Section 4 of Schedule "A" of this By-law; and (s) any other conditions as may be imposed by the Commissioner. (n) si le COMMISSAIRE est d'avis que 1'execution de travaux vises par un permis delivre sous le regime du present arrete n'est pas conforme a I'arrete, it pourra, sur Avis aU REQUERANT, executer Ies travaux qu'il estime indiques et en recouvrer Ies costs dU REQUERANT; (o) Ies permis d'excavation sont incessibles; (p) le permis d'excavation sera conserve sur le site de I'EXCAVATION en tout temps et la MUNICIPALITE pourra 1'examiner; (q) Ies travaux vises par un permis delivre sous le regime du present arrete seront effectues conformement au Cahier general des charges de la MUNICIPALITE, aux plans presentes en application du paragraphe 5(3) et aux conditions imposees par le COMMISSAIRE; (r) sauf decision contraire du COMMISSAIRE, Ies permis d'excavation sont valides pour 30 jours et au plus tard jusqu'au 15 octobre de chaque annee, et Ies permis expires peuvent titre renouveles sur paiement du droit de renouvellement de permis d'excavation fixe a I'article 4 de I'annexe A du present arrete; (s) Ies autres conditions qu'impose le COMMISSAIRE. 205 12 8 PERMIT REFUSAL 8 8 The Commissioner may refuse to issue 8 an excavation permit where: (a) in his opinion, it is not in the public interest to do so; (b) the work for which a permit is sought might cause damage to private property; (c) the Applicant proposes to do the work for which a permit is sought in the Winter months (December to February inclusive); (d) the work for which the permit is sought would cause the City to incur expenses; (e) the work for which the permit is sought would violate or cause a violation of a City by-law, or provincial or federal legislation; (f) in his opinion, the work for which a permit is sought is not based on sound engineering principles; or (g) in his opinion, the work for which the permit is sought could negatively impact the City's infrastructure located within the Street. DROIT DE REFUSER LE PERMIS Le COMMISSAIRE peut refuser de delivrer un permis d'excavation dans les cas suivants : (a) it estime qu'il n'est pas dans I'interet public de le faire; (b) les travaux vises par la demande de permis pourraient causer des dommages a des proprietes privees; (c) le REQUERANT compte effectuer les travaux vises par la demande de permis pendant les mois d'hiver (de decembre a fevrier inclusivement); (d) les travaux vises par la demande de permis occasionneraient des frais a la MUNICIPALITE; (e) les travaux vises par la demande de permis enfreindraient un arrete de la MUNICIPALITE Ou la loi provinciale ou federale, ou entraineraient Ieur violation; (f) a son avis, les travaux vises par la demande de permis ne sont pas fondes sur des principes d'ingenierie bien etablis; (g) a son avis, les travaux vises par la demande de permis pourraient compromettre ('infrastructure de la MUNICIPALITE dans la RUE. 206 13 9 OPENINGS ON LANDS ADJACENT 9 CAVITES PRATIQUEES SUR DES e TO STREET TERRAINS ADJACENTS A UNE RUE 9(1) No person shall permit any excavated area, trench or opening made or caused to be made by him on lands adjacent to a Street to remain open longer than is necessary for the purpose for which it was made. 9(1) Nul ne doit permettre qu'une cavite, tranchee ou ouverture qu'il a pratiquee ou fait pratiquer sur des terrains adjacents a une RUE demeure a decouvert plus longtemps que necessaire pour les fins auxquelles elle a ete pratiquee. 9(2) The person referred to in subsection (1) shall: (a) erect and maintain a suitable fence or guiderail not less than 1.2 metres in height around the opening until it has been backfilled; and (b) provide adequate shoring of the sides of the opening to prevent damage from occurring to the adjacent Street. a) eriger et garder en bon etat une cloture ou glissiere de securite d'une hauteur minimale de 1,2 metre autour de la cavite jusqu'a ce qu'elle soit remblayee; b) etayer suffisamment les parois de la cavite pour empecher des dommages a la RUE adjacente. 10 RESPONSIBILITY FOR 10 RESPONSABILITES A L'EGARD DE REINSTATEMENT LA RESTAURATION 10(1) The Applicant shall backfill any 10(1) II incombe au REQUERANT de remblayer Excavation undertaken pursuant to a toute EXCAVATION pratiquee en vertu permit issued under this by-law. d'un permis delivre sous le regime du present arrete. 10(2) The City shall reinstate the Surface of the Street for each Excavation 10(2) Chaque fois qu'une EXCAVATION a ete undertaken pursuant to a permit issued pratiquee en vertu d'un permis delivre under this by-law. sous le regime du present arrete, it incombe a la MUNICIPALITE de restaurer la SURFACE de la RUE. 10(3) The Applicant shall notify the 10(3) Des qu'il a terming les travaux de Commissioner that the Excavation is remblai prevus au paragraphe (1), le ready for reinstatement immediately REQUERANT avlse le COMMISSAIRE que upon having completed the backfilling I'EXCAVATION est prete pour la required under subsection (1). restauration. 10(4) The Applicant shall maintain the 10(4) Pendant les dix jours civils qui suivent backfilled area of the Excavation to the I'avis donne au COMMISSAIRE satisfaction of the Commissioner for a conformement au paragraphe (3), le period of ten (10) calendar days REQUERANT maintient la zone 9(2) La personne visee au paragraphe (1) doit : 207 14 following notification to the Commissioner given pursuant to subsection (3). 11 INDEMNITY AND INSURANCE 11(1) Every permit is on the express condition that the Applicant agrees to indemnify, defend and save harmless the City, its employees, officers, agents, successors and assigns, from and against any and all losses, costs, claims, demands, expenses, proceedings and actions of every nature and kind for injury or damages, including indirect, consequential and incidental damages, to persons or property which are in any way related to, or connected or associated with the performance by the Applicant, his servants, employees or agents of the work for which an excavation permit was issued under this by-law. 11(2) Subject to subsection 13(2), no permit shall be issued unless the Applicant furnishes to the Commissioner satisfactory evidence in writing that he has in force and will maintain in force during the performance of the Excavation work and the period of the excavation permit commercial general liability insurance. The City shall be added as an additional insured on the commercial general liability insurance policy which shall have inclusive limits of at least two million dollars ($2,000,000.00) per occurrence and contain a cross liability clause. 11 remblayee de I'EXCAVATION d'une maniere acceptable pour le COMMISSAIRE. INDEMNISATION ET ASSURANCE 11(1) Tous les permis sont delivres a la condition expresse que le REQUERANT accepte de garantir la MUNICIPALITE et ses employes, dirigeants, mandataires, successeurs et ayants droit, de les defendre et de les degager de toute responsabilite a I'egard des pertes eprouvees, frais supportes, reclamations et mises en demeure regues, dxpenses engagees et procedures et actions intentees, de quelque nature qu'ils soient, au titre de dommages personnels ou materiels subis, meme indirectement ou accessoirement, qui decoulent ou sont lies de quelque fagon que ce soit a 1'execution, par le REQUERANT, ses employes ou ses mandataires, des travaux vises par un permis d'excavation delivre sous le regime du present arrete. 11(2) Sous reserve du paragraphe 13(2), aucun permis n'est delivre a moins que le REQUERANT ne fournisse au COMMISSAIRE une preuve ecrite satisfaisante etablissant qu'il detient une assurance responsabilite civile des entreprises valide qu'il maintiendra en vigueur pendant toute la duree des travaux d'EXCAVATION et pendant toute la duree de validite du permis d'excavation. La MUNICIPALITE figurera comme assure additionnel sur la police d'assurance responsabilite civile des entreprises, dont la garantie sera d'au moins 2 millions de dollars par evenement et qui comportera une clause de responsabilite reciproque. 208 15 12 UTILITIES 12 ENTREPRISES DE SERVICES PUBLICS 12(1) The Commissioner may issue an annual excavation permit to a Utility for the purpose of emergency repairs and routine maintenance to their infrastructure which require Excavations subject to the conditions the Commissioner may prescribe and, without restricting the generality of the foregoing, it is a condition of a permit issued to a Utility that the Commissioner be notified of the location and time of any Excavation work at least 48 hours prior to its commencement. 12(2) An application for an annual permit under subsection (1) shall include an Annual Utility Fee as set out under Section 5 of Schedule "A" of this By- law and a security deposit in the amount of $25,000.00 to be maintained for the duration of the annual permit. 12(3) Notwithstanding the provisions of subsection 10(2), a Utility to which was issued a permit under this section shall backfill the Excavation and reinstate the Surface of the Street to the satisfaction of the Commissioner and in accordance with the City's General Specifications. 12(1) Le COMMISSAIRE peut delivrer a une ENTREPRISE DE SERVICES PUBLICS un permis d'excavation annuel I'autorisant a effectuer sur son infrastructure des reparations d'urgence et des travaux d'entretien courant exigeant des EXCAVATIONS et assortir le permis de conditions, etant entendu qu'en tout etat de cause le permis est assujetti a la condition que le COMMISSAIRE sera avise 48 heures au moins a I'avance du lieu et du moment des travaux d' EXCAVAT I O N . 12(2) La demande d'un permis annuel vise au paragraphe (1) est accompagnee du droit annuel pour services publics prescrit a ('article 5 de ('annexe A du present arrete et d'un depot de garantie de 25000$, maintenu pendant toute la duree de validite du permis annuel. 12(3) Par derogation au paragraphe 10(2), it appartient a I'ENTREPRISE DE SERVICES PUBLICS a qui un permis a ete delivre sous le regime du present article de remblayer I'EXCAVATION et de restaurer la SURFACE de la RUE d'une maniere acceptable pour le COMMISSAIRE et en conformite avec le Cahier general des charges de la MUNICIPALITE. 12(4) All Surface reinstatement work done 12(4) pursuant to a permit issued under this section shall be carried out by contractors who (a) are actively engaged in performing Street Surface reinstatement work; and 209 Les travaux de restauration de la SURFACE effectues en vertu d'un permis delivre sous le regime du present article le sont par des entrepreneurs qui repondent aux conditions suivantes : (a) ils s'occupent activement de restauration de SURFACES de RUE; 16 (b) have been approved by the Commissioner prior to doing the reinstatement work. 12(5) A Utility to which a permit was issued 12(5) under this section shall, within 7 calendar days of completing the Surface reinstatement work, notify the Commissioner that the Street has been reinstated. 12(6) Every Utility shall maintain the Surface of the Street it excavated and reinstated pursuant to a permit issued under this section until the Street is reconstructed or resurfaced, whichever is sooner. (b) ils ont regu au prealable I'agr6ment du COMMISSAIRE. Dans les sept jours civils suivant la fin des travaux de restauration de la SURFACE, I'ENTREPRISE DE SERVICES PUBLICS a qui un permis a ete delivre sous le regime du present article avise le COMMISSAIRE de la restauration de la RUE. 12(6) II incombe a I'ENTREPRISE DE SERVICES PUBLICS d'entretenlr la SURFACE de la RUE dans laquelle elle a pratique une EXCAVATION et qu'elle a restauree en vertu d'un permis delivre sous le regime du present article jusqu'a la refection de la RUE ou, s'il arrive avant, son rechargement. 12(7) Upon expiration of the annual utility 12(7) permit, the appropriate Pavement Degradation Fee shall be calculated and deducted from the security deposit paid pursuant to subsection (2). A 1'expiration du permis annuel pour services publics, le DROIT DE DETERIORATION DE LA CHAUSSEE applicable est calcule et deduit du depot de garantie verse en application du paragraphe (2). 13 ACCESS TO PRIVATE PROPERTY 13 ACCES AUX PROPRIETES PRIVEES 13(1) No person shall cut a curb, place fill or 13(1) Nul ne doit couper une bordure, placer otherwise modify a Street to widen or un materiau de remblayage ou modifier install an access to private property d'autre fagon une RUE en vue d'elargir without having obtained an excavation ou d'installer un acces a une propriete permit. privee sans avoir obtenu un permis d'excavation. 13(2) Subsection 11(2) shall not apply to a 13(2) Le paragraphe 11(2) ne s'applique pas permit issued under subsection (1). au permis vise au paragraphe (1). 13(3) For every permit issued pursuant to subsection (1), the City shall widen or install the access to the private property, and it shall do so as soon as is practicable upon having issued the permit. 13(3) Des que materiellement possible apres la delivrance du permis vise au paragraphe (1), la MUNICIPALITE procede a I'elargissement ou a ('installation de ('acces a la propriete privee. 210 17 14 EMERGENCIES 14(1) In the event of an emergency, the Commissioner may grant permission to any person to excavate in any Street or to cut a curb on the condition that the person to whom the permission is granted shall apply for an excavation permit on the first business day following the granting of such permission. 14 URGENCIES 14(1) En cas d'urgence, le COMMISSAIRE peut autoriser une personne a pratiquer une EXCAVATION dans une RUE OU a couper une bordure, a la condition que cette personne presente une demande de permis d'excavation des le premier jour ouvrable suivant I'autorisation. 14(2) The Commissioner may request information regarding the nature of an emergency for which he granted permission to excavate under subsection (1). Should the Commissioner determine, in his absolute discretion, that the situation for which he granted permission did not constitute an emergency, the person to whom permission was granted shall pay the Excavation Investigation Fee prescribed under section 4 of Schedule „A„ 15 FAILURE TO OBTAIN PERMIT 14(2) Le COMMISSAIRE peut demander des renseignements sur la nature de I'urgence pour laquelle it a accorde son autorisation en vertu du paragraphe (1). Si le COMMISSAIRE constate souverainement que la situation a I'egard de laquelle it a accorde son autorisation ne constituait pas une urgence, la personne qui a obtenu I'autorisation doit payer le DROIT D'EXAMEN D'EXCAVATIONS prescrit a I'article 4 de I'annexe A. 15 DEFAUT DE PERMIS 15 Upon notification by the Commissioner, 15 Sur notification du COMMISSAIRE, la a person who excavated a Street personne qui a pratique une without an excavation permit shall EXCAVATION dans une RUE sans permis d'excavation est tenue : (a) immediately stop the Excavation undertaken within a Street; and (a) de mettre fin immediatement a I' EXCAVAT I O N ; (b) immediately apply for an excavation permit; and (c) pay the Excavation Investigation Fee prescribed under section 4 of Schedule „A„ (b) de presenter sans delai une demande de permis d'excavation; (c) de payer le DROIT D'EXAMEN D'EXCAVATIONS prescrit a I'article 4 de I'annexe A. 211 18 16 BY-LAW NOT APPLICABLE TO CITY 16 IMMUNITE DE LA MUNICIPALITE 16 The provisions of this By-law do not 16 Le present arrete ne s'applique pas a apply to the City or to persons la MUNICIPALITE ni aux personnes qui performing work in the Streets under effectuent des travaux dans leS RUES contract with the City. en vertu d'un contrat conclu avec la MUNICIPALITE. 17 EXCEPTIONS 17(1) Nothing in this By-law shall affect or 17(1) restrict in any manner any rights granted to a Utility under or by virtue of any Act enacted by the Legislature of the Province of New Brunswick. 17(2) Section 12 of this By-law does not apply to a Utility that entered into an Access Agreement with the City to define the terms and conditions upon which said Utility may access the Streets. 17 EXCEPTIONS Le present arrete n'a pas pour effet de modifier ou de restreindre d'aucune fagon les droits conferes a une ENTREPRISE DE SERVICES PUBLICS SOUS le regime d'une loi de la Legislature du Nouveau-Brunswick. 17(2) L'article 12 du present arrete ne S'applique pas a une ENTREPRISE DE SERVICES PUBLICS qui a conclu un accord d'acces avec la MUNICIPALITE visant a definir les conditions d'acces aUX RUES par ('ENTREPRISE DE SERVICES PUBLICS. 18 OFFENCES 18(1) A person who violates any of the provisions of this By-law is guilty of an offence and liable to a penalty of not less than two hundred and fifty dollars ($250.00) and not more than one thousand and seventy dollars ($1,070.00). 18(2) Notwithstanding subsection (1), a person who violates a provision of this By-law may, upon providing evidence that any violation of this by-law has been made good to the satisfaction of the Commissioner, pay one hundred and seventy five dollars ($175.00) to the City's Cashier's Office at City Hall within twenty (20) calendar days from the date of the offence, and upon such payment, the person committing the offence is not liable to further prosecution for that offence. 18 INFRACTIONS 18(1) Quiconque contrevient a une disposition quelconque du present arrete commet une infraction et est passible d'une amende de 250 $ a 1 070$. 18(2) Malgre le paragraphe (1), quiconque contrevient a une disposition du present arrete peut, sur presentation de preuves acceptables pour le COMMISSAIRE de la reparation de toute violation du present arrete, payer 175 $ au bureau du caissier de I'Hotel de ville dans Ies 20 jours civils suivant la date de ('infraction, sur quoi le contrevenant n'est passible d'aucune autre poursuite pour cette infraction. 212 19 19 REPEAL 19 A By-law of The City of Saint John enacted on the fifth day of July, 2004 entitled "A By-law Respecting Excavation of Streets in The City of Saint John" and all amendments thereto is repealed. 19 ABROGATION 19 L'arrete de The City of Saint John pris le 5 juillet 2004 et intitule Arrete concernant /es excavations dans /es rues de The City of Saint John, ensemble ses modifications, est abroge. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A. D. 2010 signed by: Mayor /Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2010, avec les signatures suivantes : Common Clerk/greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 213 A By-Law Respecting Excavation of Streets in the City of Saint John Schedule "A" Fees 1 2 3 4 5 Excavation Permit Application Fee (Includes administration and inspection(s) of excavation) Excavation Permit Renewal Fee Pavement Degradation Fee: Calendar years since street was constructed, reconstructed or resurfaced: 1 or less Greater than 1 and up to 2 Greater than 2 and up to 4 Greater than 4 and up to 7 Greater than 7 and up to 10 Greater than 10 and up to 15 Excavation Investigation Fee Annual Utility Fee $ 250.00 $ 100.00 Pavement Degradation Fee (per m2) $ 50.00 $ 25.00 $ 20.00 $ 16.00 $ 10.00 $ 4.00 $ 200.00 $1,000.00 214 -2- Arr6te concernant /es excavations dans /es rues de The City of Saint John Annexe A Droits exigibles 1 Droit de demande de permis d'excavation (couvre la gestion et les inspections d'excavations) 250,00$ 2 3 4 5 Droit de renouvellement de permis d'excavation Droit de d6t6rioration de la chauss6e Nombre d'ann6es civiles depuis la construction, la r6fection ou le revetement de la rue Un an ou moins Plus de 1 an jusqu'a 2 ans Plus de 2 ans jusqu'a 4 ans Plus de 4 ans jusqu'a 7 ans Plus de 7 ans jusqu'a 10 ans Plus de 10 ans jusqu'a 15 ans Droit d'examen d'excavations Droit annuel pour services publics May 11, 2010 Version 100,00$ Droit de d6t6rioration de la chauss6e (du m2) 50,00$ 25,00$ 20,00$ 16,00$ 10,00$ 4,00$ 200,00$ 1000,00$ 215 A BY-LAW TO AMEND A BY-LAW RELATING TO THE PUBLIC STREETS IN THE CITY OF SAINT JOHN AND TO PREVENT CERTAIN NUISANCES IN THE SAID CITY ARRETE MODIFIANT L'ARRETE VISANT A REGLEMENTER L'UTILISATION DES RUES PUBLIQUES ET A EMPECHER CERTAINES NUISANCES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors dune reunion du conseil municipal, The Citv of Saint John as follows: The Citv of Saint John a decrete ce qui suit : A By-law of The Citv of Saint John entitled "A By-law Relating to the Public Streets in The Citv of Saint John and to prevent certain nuisances in the said City", enacted on the 18"' day of May, A.D. 2005, is hereby amended as follows: Par les presentes, Farrete de The City of Saint John intitule « Arrete visant a reglementer Futilisation des rues publiques et a empecher certaines nuisances dans The Citv of Saint John decrete le 18 mai 2005, est modifie comme suit: 1 By deleting section 8. IN WITNESS WHEREOF The Citv of Saint John has caused the Corporate Common Seal of the said Citv to be affixed to this by-law the day of , A.D. 2010 signed bv: 1 Par la suppression de Particle 8. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2010, avec les signatures suivantes Mavor /Maire Common Clerk/greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 216 13, y„ W S_ ='M PI n (F~.7 A~ The City of Saint John July 7, 2010 Deputy Mayor Stephen Chase and Members of Common Council Deputy Mayor and Councillors: RE: 2009 Annual Report of the City of Saint John Pension Plan INTRODUCTION On behalf of the Board of Trustees of the City of Saint John Pension Plan I am pleased to provide the following report on the activities of the Board during the 2009 calendar year. The Board of Trustees administers the City's Pension Plan in accordance with the provisions of the City of Saint John Pension Act, the Provincial Pension Benefits Act and the Federal Income Tax Act. To guide the administration of the Pension Plan, the Board of Trustees has adopted the following: "it is the mission of the City of Saint John Pension Fund to provide the defined benefit(s) on retirement or disability, through prudent investment, cost effective management, clear communications and service to members." The City's Pension Plan is a defined benefit program with employee contributions set at 8.5% of gross earnings. In an effort to assist in funding the Going Concern Unfunded Liability of the Plan the employees have agreed to increase their contribution by an additional 2% for three years or until such time as the Plan's going-concern funding shortfall is eliminated whichever is sooner. In addition at no time during the three year period shall employee contributions be greater than contributions from the Employer. The employer contributions to the pension fund are an amount equal to the excess of the total current service cost of the pension plan for the year over the aggregate contributions made by members for that year and such additional amounts as are required to amortize sMN'! P.O. Box 1971 Saint John, B Canada L 4 I w ,saintjo n.ea I CA 1971 Saint john, ®-B. Canada L 41-1 217 2009 Annual Report of the City Saint John Pension Plan Page 2 any unfunded liability in equal annual installments over a period of not more than fifteen years commencing on the later of January 1, 1992 and the date of the actuarial valuation which establishes the unfunded liability. Based on the 2006 Actuarial Valuation the total cost to fund the Pension Plan for 2009 is 26.52% of gross earnings (2008 - 26.52%). This consists of a current service for 2009 of 20.32% (2008 - 20.32%) and funding of the going concern unfunded liability for 2009 of 6.26% (2008 - 6.26%). As of December 31, 2006 the Going Concern Unfunded Liability was $31,014,900 (2003 - $43,547,200). The Pension Benefits Act requires an evaluation to be done on at least a triennial basis. The next formal valuation for the plan is required to be completed as at December 31, 2009. The formal valuation has been completed and the results will be presented to Common Council at as yet undetermined date. A copy of the 2009 Audited Financial Statements is attached with this report. The net assets of the Plan at December 31, 2009 were $332,653,005 (2008 - $282,474,371). These funds are invested by the Board in accordance with an established investment policy and in consultation with the Board's investment consultant API Asset Management Inc. In 2009 the net assets of the Plan increased by $50,178,634 compared to the decline of $84,833,140 suffered in 2008. The rate of return earned by the plan in 2009 was 20.9% compared to a decline of 21.6% in 2008. While this was certainly positive for the Plan, the economic climate continues to very unsettled. It can be anticipated that consistent returns for the Plan will only be achieved when global economic stability returns. As of the writing of this report the investment climate continues to be volatile. While the first four months of 2010 saw the returns of 2009 continue, the months of May and June 2010 have seen the erosion of the returns achieved in the first four months of 2010. In terms of the 2009 audited financial statements an extrapolation of the 2006 actuarial valuation was completed by the actuary based on the assumptions in effect at the time the valuation was completed. The extrapolation was updated for changes in the plan in the current year related to increases in the liability based on additional service earned by the employees along with investment earnings and payments to pensioners. The result of the extrapolation is an estimated going-concern unfunded liability of as at December 31, 2009 $121,035,995 (2008 - $150,573,229). While this represents a decrease in the extrapolated value of the unfunded liability, the increase in comparison to the last formal valuation of December 2006 is significant. INVESTMENT POLICY The Funds assets are managed by eight investment managers with an asset mix of 25% Canadian Fixed Income and short-term/cash, 30% Canadian Equities, 5% US Equities, 5% International Equities, and 35% in Alternative Investments. The Board constantly reviews and, when appropriate, updates its Investment Policy to ensure that the long-term funding needs of the plan can be achieved. As has been the 218 2009 Annual Report of the City Saint John Pension Plan Page 3 case in over the last few years' one area of continued attention of the Board is the increasing popularity of alternate investments that offer more stable returns. The desirability of these types of investments is that they have the potential to offer reasonable investment returns that are not normally affected by the ups and downs in the equity or other investment markets. This approach has the potential to add to the diversity of the Fund's Investments thereby reducing the volatility of the returns. INVESTMENT MANAGER PERFORMANCE As previously stated in this report the plan experienced a 20.9% return on its investments which exceeds the long-term targeted return of CPI plus 3.85% would equate to a 5.8% for 2009 (2008 - 6.0%) return and lower than our actuarial funding assumption of 6.75%. The Pension Plan's assets are managed by eight professional investment firms as follows: - Fixed Income - Addenda Capital - Real Estate - Standard Life - Canadian Equity - Kingwest - Canadian Equity - Letko Brosseau - US Equity - Steinberg Asset Management - EAFE Equity - Philadelphia Investments - Hedge Funds - Performance Market Hedge Fund - Private Debt - Wellington Financial Fund III Limited Partnership The Board of Trustees meets with each of the Investment Managers twice a year to review their performance and discuss emerging trends in the investment markets. The Board also retains API Asset Performance Inc. to provide an analysis of our manager's performance in comparison with other managers with similar holdings. ACTIVE AND RETIRED PARTICIPANTS The number of active participants in the Plan was 882 (2008 - 890) while the number of retired participants stands at 796 (2008 - 767). The impact of the high percentage of pensioners in relation to active members is reflected in the current fund balances as detailed in the Pension Fund's Annual Financial Statements. In 2009 the total contributions into the Plan from employees were $6,242,565 (2008 - $5,773,958) and from the employer $9,655,488 (2008 - $9,034,046). Total pensions paid in the year were $20,144,606 (2008 - $17,845,216). 219 2009 Annual Report of the City Saint John Pension Plan Page 4 BOARD OF TRUSTEES The members of the Board of Trustees as at December 31, 2009 were as follows: Trustee Appointing Body Councillor Joseph Mott Common Council Councillor Bruce Court Common Council Pat Hogan Outside Workers - CUPE Local 18 Kevin Fudge Management/non-union staff Bill Buckley Inside Workers - CUPE Local 486 Frederick Slipp Firefighters - IAFF Local 771 Andrew Belyea Police CUPE Local 61 J. Claude Mackinnon Saint John Retired Members Association Mayor Ivan Court (Chair) Ex-officio, Mayor Elizabeth Gormley (Secretary) Ex-officio, Common Clerk Gregory J. Yeomans (Treasurer) Ex-officio, Commissioner of Finance J. Patrick Woods Ex-officio, City Manager Respectfully submitted, cj-.'3~ cus- Mayor Ivan Court Chair Board of Trustees City of Saint John Pension Plan 220 Financial Statements The City of Saint John - Pension Plan December 31, 2009 221 CONTENTS e Auditors' Report Statement of Net Assets Available for Benefits 2 Statement of Changes in Net Assets Available for Benefits Notes to Financial Statements 4-i o Schedule of Administrative Expenses 11 F.. 222 AU ITO S' PORT To the Board of Trustees of The City of Saint John - Pension Plan We have audited the statement of net assets available for benefits of The City of Saint John - Pension Plan [the "Plan"] as at December 31, 2009 and the statement of changes in net assets available for benefits for the year then ended. These financial statements are the responsibility of the Plan's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the net assets available for benefits of the Plan as at December 31, 2009 and the changes in its net assets available for benefits for the year then ended in accordance with Canadian generally accepted accounting principles. v 7- /.XP Saint John, Canada, April 9, 2010. Chartered Accountants EUERNST&YOUNG 223 The i o Saint John - Pension l As at December 1 STATEMENT OF NET ASSETS AVAILABLE FOR BENEFITS Cash and short-term notes Due from (to) The City of Saint John Funding due from (to) The City of Saint John Accrued interest and dividends See accompanying notes On behalf of the Trustees `L L Trustee 2009 200 $ $ 8,215,410 7,791,463 58,817 (6,165) 726,683 (469,312) 815,419 690,324 66,99 ,290 221,757,182 34,081,204 61,283,799 176,141,019 37,043,243 _I S U 224 332,653,005 282,474,371 The City of Saint John - Pension Plan STATEMENT O CHANGES I NET ASSETS AVAILABLE F BENEFITS Year ended December 31 2009 2008 $ S Increase in net assets Contributions The City of Saint John Employees Investment income Interest Dividends Unrealized gain (loss) in market value of investments Realized gain (loss) in market value of investments Hedging gain (loss) realized Hedging gain unrealized Current period change in investments Decrease in assets Pensions paid Contributions and interest refunded to participants Administrative expenses (schedule] Net change in net assets available for benefits Net assets available for benefits, beginning of year Net assets available for benefits, end of year See accompanying notes 9,655,488 9,034,046 6,242,565 5,773,958 15,898,053 14,808,004 3,174,565 3,238,021 4,857,459 5,341,766 8,032,024 8,579,787 46,974,034 (90,556,754) (4,685,080) 13,005,005 8,513,532 (8,756,156) 73,232 976,369 50,875,718 (85,331,536) 74,805,795 (61,943,745) 20,144,606 18,982,852 485,367 747,158 3,997,188 3,159,385 24,627,161 22,889,395 50,17 ,634 (84,833,140) 282,474,371 3 67,3 07,511 332,653,005 282,474,371 3 rl ERNST& YOUNG Are .Dr' I..n, V t~m+ R nOwrq G»tx,..,.^Ar 225 The City o Saint John Pension l NOTES TO FINANCIAL STATEMENTS December 31, 2009 4 `l Jw~,u; , M 226 The City of Saint John - Pension Plan NOTES FINANCIAL STATEMENTS December 31, 2009 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation These financial statements are prepared on the going concern basis and present the aggregate financial position of the Plan as a separate financial reporting entity independent of the sponsor and plan members. They are prepared to assist in reviewing the activities of the Plan for the fiscal period but they do not portray the funding requirements of the Plan or the benefit security of individual Plan members. Basis of valuation of investment assets Investments are stated at market value which approximates fair value, using published market valuations, where applicable, or market related determinations. Pooled funds and earnings Certain of the Plan's investments are held via units of pooled funds. Income earned on these funds is retained within the fund and reflected as part of the current period change in market value of investments. Market value approximates fair value. Foreign currency translation Investments denominated in United States ["US"] dollars are translated at the year-end rate of exchange. Foreign exchange gains and losses are included as a component of the current period change in market value of investments. Hedging The Plan utilizes currency hedges to offset market fluctuations in its investments denominated in US dollars. At year end, the hedges are fair valued and recorded as an increase or decrease in the change in the value of market value of investments. Cash and short-term notes Cash and short-term notes are net of accounts payable and accounts receivable ®1 R $T& ®UNG " K m 227 The i o Saint - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2009 3. ACTUARIAL VALUATION [a) The 2006 actuarial valuation indicated the present value of accumulated plan benefits was $396,778,000 and the market value of net assets available to provide benefits was $365,763,100, with an estimated unfunded liability of $31,014,900 on a going concern basis. Investment earnings rate 6.75% per annum after investment fees Inflation rate 2.50% per annum Real rate of return 4.15% per annum Salary increases 3.00% per annum The projected unit credit actuarial cost method was used for purposes of the going-concern funding valuation. The benefit at retirement is projected for each member based on the assumed increases in earnings. Equal units of this projected benefit are assumed to accrue in each year of service. The present value of the portion of the projected benefit deemed to be accrued for service to the valuation date is calculated for each member based on the assumptions outlined above. The total accrued liability is the aggregate of the accrued liabilities determined for each individual member. The total accrued liability is then compared with the assets as at the valuation date to determine the surplus or unfunded liability at that date. EYERNST&YOUNC 228 The i o Saint John - Pension la NOTES TO FINANCIAL STATEMENTS December 31, 2009 3, ACTUARIAL VALUATION [continued] Similarly, the present value of the portion of the projected benefit deemed to accrue in respect of the years of service following the valuation date is determined for each individual member. The total normal actuarial cost is equal to the sum of the individual normal actuarial costs so calculated for each member. The residual normal actuarial cost is the excess of the total normal actuarial cost over the member's required contributions. The 2009 actuarial valuation is now in progress. [b] During 2009, the Plan appointed Aon Consulting as its new actuary. Aon Consulting conducted an extrapolation of the Plan as of December 31, 2009. The extrapolation indicated an estimated present value of accumulated plan benefits of $453,689,000 compared to market value of net assets of $332,653,005 available to provide benefits, creating an estimated unfunded actuarial liability of $121,035,995. The cumulative changes in the present value of benefits on a going concern basis during 2009 were as follows: [c] During 2009, the City paid the Plan $2,721,547, which represented special funding and interest on a going concern basis [2008 - $2,623,662]. The City is required to make special going concern payments until 2018. [d] On December 21, 2007, the Regulations to the New Brunswick Pension Benefits Act were modified with the intention of requiring pension plans with a solvency ratio below 90% to file actuarial valuations annually [from the current triennial requirement]. Although this requirement is likely to apply to the Plan, the Regulation did not specify the timing of the first such annual valuation. The Superintendent of Pensions had not given formal direction as to the timing of such first annual valuation as of the date of the financial statements. AN ERNST& ,tl 229 The i o Saint a - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2008 SOLVENCY EXEMPTION The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of five years unless an exemption from making solvency special payments is granted by the Superintendent of Pensions. In 2007, this exemption from making solvency special payments to the Plan was sought and received. .FINANCIAL INSTRUMENTS The Plan's financial instruments consist of cash and short-term notes, accounts receivable, temporary and long-term investments, accounts payable and amounts due from related parties. All items except investments are recorded at cost which, due to their nature and short-term maturities, approximates fair value. The Plan is subject to financial risks as a result of its investment activities. These risks include market risk, credit risk and liquidity risk. The Plan manages these financial risks in accordance with the New Brunswick Pension Benefits Act, applicable regulations, and the Plan's investment policies and procedures. Foreign currency risk arises from investments that are denominated in foreign currencies. Fluctuations in the relative value of foreign currencies against the Canadian dollar can result in a positive or negative effect on the fair value of investments. As at December 31, 2009, the Plan has equity investments denominated in foreign currencies through investments of pooled funds and direct equities. =r S7' YOUNG 230 The i o Saint John - Pension l NOTES TO FINANCIAL STATEMENTS December 31, 2008 FINANCIAL INSTRUMENTS [continued] The Plan utilizes currency hedges to minimize this risk to an approved percentage of these investments. The Plan's underlying currency exposures in Canadian dollars consist of the following: Impact of I% absolute change in foreign exchange rates Fair value on net assets $ 5 Foreign equities and pooled funds 65,930,781 659,308 The fair value of foreign investments is 20% of total fair value. Interest rate risk Interest rate risk refers to the effect on the fair value or future cash flows of an investment due to fluctuations in interest rates. The Plan's interest rate exposure arises from its investment in bonds and fixed-income pooled funds, where those funds have underlying investments in fixed-income securities which are all denominated in Canadian dollars. The following table demonstrates the sensitivity of the Plan's bonds and fixed-income pooled funds to possible change in bond yields. The impact was determined using the average rate expected on instruments that are exposed to interest rate risk. The duration measures the sensitivity of the price of financial instruments for every 1 % change in interest rates. Impact of 1% absolute change in bond yields Fair value on net assets S $ 231 The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2008 5. FINANCIAL ES [continued] [cj Price risk Price risk is the risk that the fair value of investment will fluctuate because of changes in market prices [other than those arising from foreign currency or interest rate risk], whether those changes are caused by factors specific to the individual investment or factors affecting all securities traded in the market. This applies to all of the Plan's investments. The following table demonstrates the sensitivity of the Plan's net assets to a 1% absolute change in the fair value of the Plan's investments which are exposed to price risk: Impact of I% absolute change in fair value Fair value on net assets S 5 Total investments, at market 322,836,676 3,228,367 [d] Credit risk Credit risk on financial instruments is the risk of financial loss occurring as a result of default or insolvency of a counterparty on its obligations to the Plan. The Plan's exposure to credit risk is limited to its investments in bonds and fixed-income pooled funds where those funds have underlying investments in debt securities. Approximately 21% of the Plan's investments are invested in debt securities. [e] Liquidity risk Liquidity risk is the risk of being unable to settle or meet commitments as they come due. These commitments include payment of the Plan's pension obligations. Liquidity risk is managed by ensuring the Plan invests in high quality investments which can be easily disposed of in an active market. 6. COMPARATIVE FIGURES The comparative figures for 2008 have been reclassified from statements previously presented to conform to the presentation adopted in the 2009 financial statements. 10 =J1 ERNST& 232 The i Saint o - Pension Plan SCHEDULE OF ADMINISTRATIVE EXPENSES Year ended December 31 2009 2008 $ S Investment management fees 2,465,086 2,167,836 Legal fees 782,653 480,307 Actuarial and consulting services 269,574 71,333 Administration fees paid to the City of Saint John 163,367 138,227 Custodian fees 116,250 99,644 Performance measurement services 93,185 88,136 Conference and seminar expenses 30,478 53,019 Consultant fees 24,323 23,178 Audit fees 18,040 17,131 Insurance 17,406 9,550 Miscellaneous 16,826 11,024 3,997,188 3,159,385 11 J1 ERNST& YOUNG 0 , c O imq h 233 234 July 28, 2010 Your Worship and Councillors: SUBJECT: Proposed Subdivision - 401 Westmorland Road The Committee considered the attached report at its July 27, 2010 meeting. The Committee did not receive any letters relating to the proposal. Following consideration of the report and comments made by the applicant, the Committee adopted the staff recommendation with respect to the subdivision of the site. The Committee also imposed terms and conditions, as recommended by staff, on the operation of a car sales lot on the site. RECOMMENDATION: That Common Council assent to the submitted C.A. Munro Limited Subdivision, located at 401 Westmorland Road, with respect to the vesting of any required municipal services easements or public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Respectfidly submitted, Carl Killen Chairman MR Project No. 10-184 235 DATE: JULY 23, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 27, 2010 PREPARED BY: REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application Ken Forrest, MCIP, RPP Commissioner Kings Valley Consulting / Kierstead Quigley and Roberts Ltd. C.A. Munro Limited 401 Westmorland Road 000424291,55117360 Regional Centre "I-1" Light Industrial To subdivide the property and constrict and operate an automobile dealership (Lot10-1 on the attached subdivision plan) Conditional Use and Subdivision 236 Kings Valley Consulting / Keirstead Quigley and Roberts Page 2 401 Westmorland Road July 23, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. The Zoning By-law authorizes the Planning Advisory Committee to impose terms and conditions upon establishment and operation of car sales lots within the "I-1" Light Industrial zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the submitted C.A. Munro Limited Subdivision, located at 401 Westmorland Road, with respect to the vesting of any required municipal services easements or public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. That the Planning Advisory Committee impose the following terms and conditions upon the establishment and operation of a car sales lot at 401 Westmorland Road: (a) The Developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt. (b) All paved areas must be enclosed with continuous cast-in-place concrete curbing in order to protect the landscaped areas and to facilitate proper drainage. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the Developer and subject to the approval of the Chief City Engineer or his designate. (d) All public utilities must be provided underground to the proposed building from existing utility poles, and any wiring for exterior lighting must also be underground. (e) All areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the Westmorland Road public street right-of-way to the edge of existing sidewalk. (f) Existing vegetation along the southern property line, adjacent to the St. Joseph's Cemetery, must be retained. (g) Exterior light standards must direct light down onto the parking area and not toward adjacent properties. 237 Kings Valley Consulting / Keirstead Quigley and Roberts Page 3 401 Westmorland Road July 23, 2010 (h) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding signs, exterior lighting, landscaped areas, and other site features, including those mentioned above. The approved site plan must be attached to the application for building permit for the proposed development. (i) Vehicles must not be allowed to encroach into the required or existing landscaped areas. (j) All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. (k) Any costs associated with required infrastructure extensions to service the development are the responsibility of the developer. BACKGROUND: On November 29, 1972, the Planning Advisory Committee approved the establishment of a gasoline bar on the subject land which was located on the north-eastern portion of the proposed Lot 10-1. In 1994, this facility was demolished and relocated fi rther to the west on the proposed Lot 10-1. At the meeting of October 12, 1994, the Committee approved the creation of a lot (PID 55117360) which did not have access onto a Public Street for the relocated gasoline bar. This facility has since been demolished. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments: • Only municipal water is available from Westmorland Road. • The existing building on this site (the former Simonds Co-Op) is serviced from Consumers Drive. Currently one driveway from this site onto Westmorland Road exists. The site plan provided by the applicant shows two driveways onto Westmorland Road. Adding an additional driveway at this location is not supported by this Department. Any changes to the site will require a stormwater design plan and brief to be submitted by the developers engineering consultant for review and approval of the City. Buildings and Inspection Services notes the following: • It appears that the property line has been placed far enough from the existing building to satisfy the Code standards for spatial separation. This will have to be verified and confirmed by the proponent. • The existing private storm sewer on the proposed Lot 10-1 serves the proposed Lot 10-2. • Much of the area, where the dealership building is proposed, is landfill of varying depths. Buildings and Inspection Services will require the owner to engage a soils engineer to examine the soils prior to any building being constricted. 238 Kings Valley Consulting / Keirstead Quigley and Roberts Page 4 401 Westmorland Road July 23, 2010 Saint John Fire Department has reviewed the proposal and has no objection provided that all of the code requirements within the National Building and Fire Codes are adhered to. Final code requirements will depend on the final building plans submitted for review (subject to Department of Public Safety, Technical Inspections Division). Items of consideration for the building design will include (but not limited to): • The National Building code classification (pending plans review) will most likely require a sprinkler system for the facility. • A Fire Alarm system will be required for the facility. • Emergency and exit lighting. • Proper fire separation between the garage and administration areas. • Sprinkler and or standpipe connections to be at least 3 meters away from the natural gas connections. • Spraying or undercoating operations, shall conform to the standards as identified in section 5.4 of the National Building Code of Canada 1995. • Constriction and operation of repair garage should conform to NFPA standard on repair garages 30A sections 7.4, 7.5 & 7.6 • Hot works within the garage repair area (welding, etc) shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1995. • The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. • The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B149.2-00 of The Propane Storage and Handling Code. • The heating system within the garage must satisfy the National Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) shall make an assessment as to the appropriateness of the electrical system to support the garage operations. • Vending machines throughout the facility must be placed away from the main egress paths, per the Fire Marshal's direction. Saint John Police Force has been advised of the application. Geographic Information Systems (Planning and Development) has been advised of the application. N.B. Department of Environment notes there is a DNR mapped watercourse on the property. Saint John Energy notes the existing building on the fiiture Lot 10-2 is serviced from Consumers Drive and electrical service can be provided to the proposed Lot 10-1 from Westmorland Road if it is required. Any cost to service Lot 10-1 will be dealt with the developer at a later date. Bell Aliant has been advised of the application. Rogers has been advised of the application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been advised of the proposal. Maritimes & Northeast Pipeline and Brunswick Pipeline note work will not be occurring near their facilities. 239 Kings Valley Consulting / Keirstead Quigley and Roberts Page 5 401 Westmorland Road July 23, 2010 ANALYSIS: Subject Site and Proposed Development The subject site fronts on both Westmorland Road and Consumers Drive and has an area of approximately 2.13 hectares (5.26 acres). Along Westmorland Road, the site has approximately 58.4 metres (191.6 feet) of frontage and 15.6 metres (51.2 feet) of frontage along Consumers Drive. The south-eastern portion of the site contains the former Simonds Co-Op building which has an approximate floor area of 1847 square metres (19,880 square feet) from which a furniture store is currently operated. The majority of the area surrounding the existing building is paved and was a parking area for the former grocery store (current furniture store). The existing interior lot (PID 55117360 - shown on the attached lot plan) was used as a gas bar by the co-operative but has since ceased operation and has been demolished. A mobile car wash is currently in operation on the site and a double billboard is located on the portion of the site adjacent to Westmorland Road. Access to the site is provided via driveways from Westmorland Road and Consumers Drive with an existing right-of-way from Westmorland Road providing access to the former gas bar lot. The site slopes towards Westmorland Road and the adjacent properties from an elevation of 16 metres to an elevation of 8 metres along Consumers Drive and Westmorland Road. The New Brunswick Department of Environment (NBDENV) has noted Provincial information shows a watercourse on the property. This watercourse is shown on Service New Brunswick mapping, but during the site visit, it was determined its location coincides with the location of the piped storm sewer system on the site which intercepts a waterway from the adjacent St. Joseph's cemetery property to the northwest of the former grocery store. This storm sewer system also provides drainage to the proposed Lot 10-2. The applicant has been notified of NBDENV's concerns. The applicant is seeking approval to subdivide the lot into two new lots and constrict an automobile dealership on the resulting lot (Lot 10-1) fronting on Westmorland Road. The existing building housing the former grocery store would then be located on a separate lot (Lot 10-2) with frontage on Consumers Drive as shown on the attached Tentative Plan of subdivision. Lot 10-1 is proposed to have an area of 1.24 hectares (3.1 acres), with Lot 10-2 proposed to have an area of 8891 square metres (2.2 acres) Surrounding Area The surrounding area is largely commercial and is zoned Shopping Centre and contains various retail establishments, most notably McAllister Place and the East Point shopping area. Immediately to the north of the site, the Downey Ford dealership and a Shoppers Drug Mart occupy "I-1" Light Industrial zoned lands. St. Joseph's Cemetery is located immediately south of the site on lands zoned "P" Park with the First United Pentecostal Church located southeast of the site on a parcel of land zoned "IL-1" Neighbourhood Institutional. Municipal Plan Direction The subject site is located within the McAllister Regional Centre designated by the Municipal Plan. The Plan notes this area has become the city's and region's primary focus for department store type merchandise and personal services. The intent of this designation under the Plan is to cluster commercial uses providing a variety of goods in an area. Staff is of the opinion that an automobile dealership meets the intent of the Regional Centre designation of the Municipal Plan. 240 Kings Valley Consulting / Keirstead Quigley and Roberts Page 6 401 Westmorland Road July 23, 2010 Zoning By-law and Conditional Use The "I-1" Light Industrial zoning of the site permits a car sales lot as a use subject to review by the Planning Advisory Committee for the possible imposition of terms and conditions. The applicant has submitted a prototype site plan based on information from the automobile manufacturer. This site plan is for a facility with a lot area of 1.2 hectares (3 acres) and shows a dealership building and surrounding parking. The total lot area shown on the proposed site plan is the same size as that proposed for the car dealership lot. The applicant has been less than forthcoming in providing plans for the proposed development. A Tentative Plan of Subdivision was submitted originally that did not meet the requirements of the Community Planning Act and the applicant was informed the application would not be processed until a Tentative Plan of Subdivision meeting the requirements of the Community Planning Act was received. Keirstead Quigley and Roberts was subsequently engaged to prepare the tentative subdivision plan. Staff also note the applicant has resisted providing a site plan, eventually providing Staff with a generic site plan provided by the automobile manufacturer. This plan is not specific to the proposed site and does not conform to the City's Zoning By-Law, in fact showing two driveway accesses for the automobile dealership. As the Zoning By-law permits only one driveway access onto Westmorland Road given the lot width, access requirements were discussed with the applicant. Based on this discussion, it is the applicant's intent to have only one driveway serve the automobile dealership from Westmorland Road to be located at the existing driveway location. Staff note, the potential still exists for this development to appear back before the Committee as variances may be required given the limited information shown on the generic site plan which only shows the building location and parking areas and not other features such as lighting and landscaping. Consistent with past applications, Staff are recommending that a condition of the approval be that a detailed site plan be prepared for approval by the Development Officer. Should the Committee be of the opinion that sufficient information has not been provided at this time, the Committee may wish to table the application until more detailed information has been provided. Staff is of the opinion that the conditional uses of new and used automobile sales are appropriate for the site and the overall neighbourhood context given the existing uses in the area. Consistent with a number of other applications, the recommendation includes various conditions relating to development of the site with respect to issues such as drainage, and landscaping. However, Staff note the potential exists to retain existing vegetation along the boundary of the site with the adjacent St. Joseph's Cemetery and recommends this be made a specific condition of the Committee's approval. Subdivision The Tentative Plan of Subdivision was reviewed with respect to the provisions of the Subdivision By- Law and found to meet the by-law requirements. As both of the proposed lots abut public streets and no Lands for Public Purposes are required, as the land to be subdivided is industrial, Common Council assent with respect to these two items is not required. Buildings and Inspection Services has identified a concern regarding the distance between the property line separating proposed Lots 10-1 and 10-2 and the existing building with respect to spatial separation and the fire rating of the building wall. Adequacy of this distance with respect to the National Building Code will have to be verified and confirmed by the proponent prior to approval of the plan of subdivision by Staff 241 Kings Valley Consulting / Keirstead Quigley and Roberts Page 7 401 Westmorland Road July 23, 2010 However, given that no sanitary sewer exists along the section of Westmorland Road adjacent to the proposed development, the development will require the extension of these services. As the routing for the storm and sanitary servicing has not been proposed by the applicant, Staff recommends that PAC recommend to Common Council that a development agreement be prepared and that Common Council assent to any required Municipal Services or Public Utility Easements. CONCLUSION: The proposed location of an automobile dealership on the site is appropriate provided the applicant adheres to the recommended terms and conditions. Common Council's authorization to prepare any required development agreements and assent to any required Municipal Services or Public Utility Easements is also recommended. MR Project No. 10-184 242 4K The City of saint John DATE: TO: FROM: FOR: PREPARED B JULY 23, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING ; PLANNING AND DEVELOPMENT MEETING OF JULY 27, 2010 Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: REVIEWED BY: . j 2C64~-- en Forrest, MCIP, RPP Commissioner Kings Valley Consulting 1 Kierstead Quigley and Roberts Ltd. C.A. Munro Limited 401 Westmorland Road 000424291,55117360 Regional Centre 4 Zoning: "I-1" Light Industrial Proposal: To subdivide the property and construct and operate an automobile dealership Type of Application: SAYNT JOHN Conditional Use and Subdivision PO. Box 1971 Saint John, NB Canada EA 4L1 I www.saingohn.ca I C.P. 1971 Saint John, NA. Canada E2L 41 243 Kings Valley Consulting / Keirstead Quigley and Roberts 401 Westmorland Road Page 2 July 23, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. The Zoning By-law authorizes the Planning Advisory Committee to impose terms and conditions upon establishment and operation of car sales lots within the "I-1" Light Industrial zone. STAFF RECOMMENDATION TO COMMITTEE: 1, That Common Council assent to the submitted C.A. Munro Limited Subdivision, located at 401 Westmorland Road, with respect to the vesting of any required municipal services easements or public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. That the Planning Advisory Committee impose the following terms and conditions upon the establishment and operation of a car sales lot at 401 Westmorland Road: (a) The Developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt. (b) All paved areas must be enclosed with continuous cast-in-place concrete curbing in order to protect the landscaped areas and to facilitate proper drainage. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the Developer and subject to the approval of the Chief City Engineer or his designate. (d) All public utilities must be provided underground to the proposed building from existing utility poles, and any wiring for exterior lighting must also be underground. (e) All areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the Westmorland Road public street right-of-way to the edge of existing sidewalk. (f) Existing vegetation along the southern property line, adjacent to the St. Joseph's Cemetery, must be retained. (g) Exterior light standards must direct light down onto the parking area and not toward adjacent properties. 244 Kings Valley Consulting / Keirstead Quigley and Roberts Page 3 401 Westmorland Road July 23, 2010 (h) The site-shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding signs, exterior lighting, landscaped areas, and other site features, including-those mentioned above. The approved site plan must be attached to the application for building permit for the proposed development. (i) Vehicles must not be allowed to encroach into the required or existing landscaped areas. (j} All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. (k) Any costs associated with required infrastructure extensions to service the development are the responsibility of the developer. BACKGROUND: On November 29, 1972, the Planning Advisory Committee approved the establishment of a gasoline bar on the subject land which was located on the north-eastern portion of the proposed lot 10-1. In 1994, this facility was demolished and relocated further to the west on the proposed lot 10-1. At the meeting of October 12, 1994, the Committee approved the creation of a lot (PID 55117360) which did not have access onto a Public Street for the relocated gasoline bar. This facility has since been demolished. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments: • Only municipal water is available from Westmorland Road. • The existing building on this site (the former Simonds Co-Op) is serviced from Consumers Drive. Currently one driveway from this site onto Westmorland Road exists. The site plan provided by the applicant shows two driveways onto Westmorland Road. Adding an additional driveway at this location is not supported by this Department. Any changes to the site will require a stormwater design plan and brief to be submitted by the developers engineering consultant for review and approval of the City. Buildings and Inspection Services notes the following: • It appears that the property line has been placed far enough from the existing building to satisfy the Code standards for spatial separation. This will have to be verified and confirmed by the proponent. • The existing private storm sewer on the proposed Lot 10-1 serves the proposed Lot 10-2. • Much of the area, where the dealership building is proposed, is landfill of varying depths. Buildings and Inspection Services will require the owner to engage a soils engineer to examine the soils prior to any building being constructed. 245 Kings Valley Consulting 1 Keirstead Quigley and Roberts Page 4 401 Westmorland Road July 23, 2010 Saint John Fire Department has reviewed the proposal and has no objection provided that all of the code requirements within the National Building and Fire Codes are adhered to. Final code requirements will depend on the final building plans submitted for review (subject to Department of Public Safety, Technical Inspections Division). Items of consideration for the building design will include (but not limited to): • The National Building code classification (pending plans review) will most likely require a sprinkler system for the facility. • A Fire Alarm system will be required for the facility. • Emergency and exit lighting. • Proper fire separation between the garage and administration areas. • Sprinkler and or standpipe connections to be at least 3 meters away from the natural gas connections. • Spraying or undercoating operations, shall conform to the standards as identified in section 5.4 of the National Building Code of Canada 1995. • Construction and operation of repair garage should conform to NFPA standard on repair garages 30A sections 7.4, 7.5 & 7.6 • Hot works within the garage repair area (welding, etc) shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1995. • The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. • The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B149.2-00 of The Propane Storage and Handling Code. • The heating system within the garage must satisfy the National Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) shall make an assessment as to the appropriateness of the electrical system to support the garage operations. • Vending machines throughout the facility must be placed away from the main egress paths, per the Fire Marshal's direction. Saint John Police Force has been advised of the application. Geographic Information Systems (Planning and Development) has been advised of the application. N.B. Department of Environment notes there is a DNR mapped watercourse on the property. Saint John Energy notes the existing building on the future Lot 10-2 is serviced from Consumers Drive and electrical service can be provided to the proposed Lot 10-1 from Westmorland Road if it is required. Any cost to service Lot 10-1 will be dealt with the developer at a later date. Bell Aliant has been advised of the application. Rogers has been advised of the application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been advised of the. proposal. Maritimes & Northeast Pipeline and Brunswick Pipeline note work will not be occurring near their facilities. 246 Kings Valley Consulting 1 Keirstead Quigley and Roberts Page 5 401 Westmorland Road July 23, 2010 ANALYSIS: Subject Site and Proposed Development The subject site fronts on both Westmorland Road and Consumers Drive and has an area of approximately 2.13 hectares (5.26 acres). Along Westmorland Road, the site has approximately 58.4 metres (191.6 feet) of frontage and 15.6 metres (51.2 feet) of frontage along Consumers Drive. The south-eastern portion of the site contains the former Simonds Co-Op building which has an approximate floor area of 1847 square metres (19,880 square feet) from which a furniture store is currently operated. The majority of the area surrounding the existing building is paved and was a parking area for the former grocery store (current furniture store). The existing interior lot (PID 55117360 - shown on the attached lot plan) was used as a gas bar by the co-operative but has since ceased operation and has been demolished. A mobile car wash is currently in operation on the site and a double billboard is located on the portion of the site adjacent to Westmorland Road. Access to the site is provided via driveways from Westmorland Road and Consumers Drive with an existing right-of-way from Westmorland Road providing access to the former gas bar lot. The site slopes towards Westmorland Road and the adjacent properties from an elevation of 16 metres to an elevation of 8 metres along Consumers Drive and Westmorland Road. The New Brunswick Department of Environment (NBDENV) has noted Provincial information shows a watercourse on the property. This watercourse is shown on Service New Brunswick mapping, but during the site visit, it was determined its location coincides with the location of the piped storm sewer system on the site which intercepts a waterway from the adjacent St. Joseph's cemetery property to the northwest of the former grocery store. This storm sewer system also provides drainage to the proposed Lot 10-2. The applicant has been notified of NBDENV's concerns. The applicant is seeking approval to subdivide the lot into two new lots and construct an automobile dealership on the resulting lot (Lot 10-1) fronting on Westmorland Road. The existing building housing the former grocery store would then be located on a separate lot (Lot 10-2) with frontage on Consumers Drive as shown on the attached Tentative Plan of subdivision. Lot 10-1 is proposed to have an area of 1.24 hectares (3.1 acres), with Lot 10-2 proposed to have an area of 8891 square metres (2.2 acres) Surrounding Area The surrounding area is largely commercial and is zoned Shopping Centre and contains various retail establishments, most notably McAllister Place and the East Point shopping area. Immediately to the north of the site, the Downey Ford dealership and a Shoppers Drug Mart occupy "I-1" Light Industrial zoned lands. St. Joseph's Cemetery is located immediately south of the site on lands zoned "P" Park with the First United Pentecostal Church located southeast of the site on a parcel of land zoned "IL-1" Neighbourhood Institutional. Municipal Plan Direction The subject site is located.within the McAllister Regional Centre designated by the Municipal Plan. The Plan notes this area has become the city's and region's primary focus for department store type merchandise and personal services. The intent of this designation under the Plan is to cluster commercial uses providing a variety of goods in an area. Staff is of the opinion that an automobile dealership meets the intent of the Regional Centre designation of the Municipal Plan. 247 Kings Valley Consulting / Keirstead Quigley and Roberts Page 6 401 Westmorland Road July 23, 2010 Zoning By-law and Conditional Use The "I-1" Light Industrial zoning of the site permits a car sales lot as a use subject to review by the Planning Advisory Committee for the possible imposition of terms and conditions. The applicant has submitted a prototype site plan based on information from the automobile manufacturer. This site plan is for a facility with a lot area of 1.2 hectares (3 acres) and shows a dealership building and surrounding parking. The total lot area shown on the proposed site plan is the same-size as that proposed for the car dealership lot. The applicant has been less than forthcoming in providing plans for the proposed development. A Tentative Plan of Subdivision was submitted originally that did not meet the requirements of the Community Planning Act and the applicant was informed the application would not be processed until a Tentative Plan of Subdivision meeting the requirements of the Community Planning Act was received. Keirstead Quigley and Roberts was subsequently engaged to prepare the tentative subdivision plan. Staff also note the applicant has resisted providing a site plan, eventually providing Staff with a generic site plan provided by the automobile manufacturer. This plan is not specific to the proposed site and does not conform to the City's Zoning By-Law, in fact showing two driveway accesses for the automobile dealership. As the Zoning By-law permits only one driveway access onto Westmorland Road given the lot width, access requirements were discussed with the applicant. Based on this discussion, it is the applicant's intent to have only one driveway serve the automobile dealership from Westmorland Road to be located at the existing driveway location. Staff note, the potential still exists for this development to appear back before the Committee as variances may be required given the limited information shown on the generic site plan which only shows the building location and parking areas and not other features such as lighting and landscaping. Consistent with past applications, Staff are recommending that a condition of the approval be that a detailed site plan be prepared for approval by the Development Officer. Should the Committee be of the opinion that sufficient information has not been provided at this time, the Committee may wish to table the application until more detailed information has been provided. Staff is of the opinion that the conditional uses of new and used automobile sales are appropriate for the site and the overall neighbourhood context -given the existing uses in the area. Consistent with a number of other applications, the recommendation includes various conditions relating to development of the site with respect to issues such as drainage, and landscaping. However, Staff note the potential exists to retain existing vegetation along the boundary of the site with the adjacent St. Joseph's Cemetery and recommends this be made a specific condition of the Committee's approval. Subdivision The Tentative Plan of Subdivision was reviewed with respect to the provisions of the Subdivision By- Law and found to meet the by-law requirements. As both of the proposed lots abut public streets and no Lands for Public Purposes are required, as the land to be subdivided is industrial, Common Council assent with respect to these two items is not required. Buildings and Inspection Services has identified a concern regarding the distance between the property line separating proposed Lots 10-1 and 10-2 and the existing building with respect to spatial separation and the fire rating of the building wall. Adequacy of this distance with respect to the National Building Code will have to be verified and confirmed by the proponent prior to approval of the plan of subdivision by Staff. 248 Kings Valley Consulting / Keirstead Quigley and Roberts Page 7 401 Westmorland Road July 23, 2010 However, given that no sanitary sewer exists along the section of Westmorland Road adjacent to the proposed development, the development will require the extension of these services. As the routing for the storm and sanitary servicing has not been proposed by the applicant, Staff recommends that PAC recommend to Common Council that a development agreement be prepared and that Common Council assent to any required Municipal Services or Public Utility Easements. CONCLUSION: The proposed location of an automobile dealership on the site is appropriate provided the applicant adheres to the recommended terms and conditions. Common Council's authorization to prepare any required development agreements and assent to any required Municipal Services or Public Utility Easements is also recommended. MR ProjectNo. 10-184 249 PLANNING AND DEVELOPMENTlURBANISME ET DEVELOPPEMENT SC 1-.2 SC-2 szg r S C P Subject Site/site en question: Location: 401 Westmorland Rd. Date: July 12 juillet 2010 Scale/echelle: Not to scale/Pas A Mchelle. SC IL- 1 PID(s)INIP(s): 000424291.55117360 250 t a E ~ _ ~ fit, # E` 3 ~a s S 211 r;j J11110®~{~~VI U ~_!Si ~ A~i~A~JA U i / ap / ~ I ~ 1 N ir O~ ~i ~Fp r > 1 E 77 p J. P008 PUDJjotli}som I I ~ 9lvo-1 ♦ rr ~ • e a~ 4k M O m ~n a Q c y, V o - b 4P ~ 0 Q ~ Q~ W M1 Z ' r i r •a. i as a b L O •°I 0 252 uealership Pro-t.0-type IbUr r1u p, vj Site Pla 1.7 1"li IF Ftll'I+~Apq:~ ranKlga - r:wlrurcc - Iyllaurxa - rNtirkaiRr • \ ~ , , ,y, • TY.MP1yr♦ArN 11iHVlL'F ! PARKINCI 7" M64 2. ,rte ~i ~ riArown l I J KNiKIMG L2 Ll. ~ J.. l I7,9KLAY Site: 3.0 Acres ~'~ri lnlj Ifi~l iC. P,I 0 o d o S Ff oo SP"Y- ~ 253 Sharon Flatt Conservation Council of New Brunswick Saint John Fundy Chapter July 2, 2010 Mayor Court and Council City of Saint John ear Mayor and Council: Sincerely, Sharon Flatt Saint John Fundy Conservation Council of Chapter 506-639-9929 satt@conseatioconcil. ca 254 City Council Presentation on Pesticides On behalf of CC NB, Saint John Chapter 255 Mayor Ivan Court and Council City Hall Saint John Dear Mayor Court and Council: On Earth Day, April 22, in the City Market, a young pregnant woman carrying a small child told us that the previous week she had walked through King Square with her child before she saw a small sign indicating that King Square had been treated with pesticides. This upset her, she said, because she tries to keep her children from exposure to toxic chemicals. She noted there were quite a few young people in the square at the time. City staff told us that they had applied a granular form of the "pre- emergence herbicide Casoron G4" to the walkways in King Square. Casoron, or Dichlobenil (chemical name 2,6-Dichlorobenzonitrile) is listed by PAN International as a highly hazardous pesticide`. A computer search for Dichlobenil on the toxicology data network of the National Library of Medicine in the U.S. gives 27 pages of references on the adverse effects of Dichlobenil.? One of the most frequently cited adverse effects is damage to the "nasal mucosa" (inside lining of the nose) of many animals, including mice, rats and frogs, and irreversible damage to the sense of smell. A one year study showed Dichlobenil caused an increase in various types of cancer in experimental animals. These included "pulmonary alveogenic carcinoma", "hepatocellular carcinoma", "lymphoma", and "mesothelioma" (lung, liver and lymph node cancers, and a rare type of cancer usually caused by asbestos). "Intraperitoneal injection" of Dichlobenil in male Swiss mice caused a significant increase in lymphoma. Babies and children are likely to be found in parks and playgrounds, and are more sensitive to the toxic effects of pesticides than adults. A study by Dr. Suzuki's group showed pesticide poisoning of children in the Maritimes is surprisingly common. Sweden, the country that did the initial studies linking lymphoma with pesticide exposure, found improvements in the health of their children after banning pesticides. Well-informed people in Saint John, especially young parents, try to keep their children away from toxic chemicals like pesticides. They are 256 understandably upset when they are exposed to these chemicals by their own governments. Probably most members of City Council are somewhat aware of the adverse health and environmental consequences of the use of cosmetic pesticides in urban areas. Since cosmetic pesticides, by definition, have no balancing benefit to the public, it is your duty to ensure they are not applied to city parks and other areas where the public will be unwittingly exposed. There are obvious safe alternatives to removing weeds between the cracks in the brick walkways of King Square that do not involve the use of toxic chemicals by city staff. Yours truly, P. i ett Thompson S. Flatt CCNB, Saint John Chapter 1 See attached past 22See attached website and citations s See attached press release and web site address 257 Chemtu a~ MATERIAL SAFETY DATA SHEET Version: 1.0 CASORON G-4 DATEoF 1010612005 ISSUE: Date printed: 1011812005 1. PRODUCT AND COMPANY IDENTIFICATION Product name : Chemical name: CASORON G-4 Agricultural herbicide Use of substance/preparation: Herbicide Supplier: Crompton Co./Cie, a Chemture Company 25 ERB STREET Elmira, Ontario N3B 3A3 Canada Manufacturer: Crompton Co./Cie, a Chemtura Company 25 ERB STREET Elmira. Ontario N3B 3A3 Canada Emergence telephone number Environmental, Health and Safety Department: 866-744-3060(Canada) CANUTEC (24 hours) 613-996-6666 For additional emergency telephone numbers see section 16 of the Safety Data Sheet. 866-430-2775 2. COMPOSITION 1 INFORMATION ON INGREDIENTS INGREDIENT % BV WEIGHT 2,6-Dichlorobenzonitrile 4 CAS# 1194-65-6 WHMIS CLASSIFICATION NC Not controlled. CPR Compliance This product has been classified with the hazard criteria of the CPR, and the MSDS contains all the information required by CPR. 3. HAZARDS IDENTIFICATION EMERGENCY OVERVIEW NORMAL PRECAUTIONS COMMON TO SAFE MANUFACTURING PRACTICE SHOULD BE FOLLOWED IN HANDLING AND STORAGE. AVOID DISPERSION OF DUST IN AIR TO REDUCE POTENTIAL FOR DUST IGNITION/EXPLOSIONS. MAY CAUSE EYE AND SKIN IRRITATION. INHALATION OF DUSTS FROM THIS PRODUCT MAY CAUSE IRRITATION OF EYES, NOSE, THROAT Mf ISDS# 000000035226 Page: 1 of B 258 r CASORON - AND RESPIRATORY SYSTEM. SEE SECTION I I FOR INFORMATION ON CHRONIC I] EALTIi EFFECTS. Version: 1.0 DA'r0 or 1010512005 ISSUE: Date printed: 10/11M005 FIRST AID MEASURES Swallowing Call a poison control center or doctor immediately for treatment advice. Do not induce vomiting„ Rinse mouth with water.. Obtain medical attention. Have person sip a glass of water if able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor, Do not give anything by mouth to an unconscious person. Skin contact Remove contaminated clothing., Wash thoroughly with warm water using a mild soap.. Obtain medical attention if irritation persists. Take off contaminated clothing. Rinse skin immediately with plenty of water for 15 to 20 minutes. Call a poison control center or doctor for treatment advice. Inhalation Remove to fresh air., Obtain medical attention. Move person to fresh air, If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to-mouth, if possible. Call a poison control center or doctor for further treatment advice. Eye contact Immediately flush eyes with water and continue washing for several minutes.. Obtain medical attention if irritation persists. Hold eye open and rinse slowly and gently with water for 15 to 20 minutes. Remove contact lens, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for further treatment advice. Notes to physician ROUTES OF ENTRY:, Skin, Eyes, Ingestion, Inhalation FIRE-FIGHTING Hazardous combustion products Burning can produce the following combustion products: Oxides of carbon. Oxides of nitrogen. Oxides of sulfur. Special fire fighting procedures Do not discharge extinguishing waters into streams, rivers and lakes. M SDS# 000000035226 MATERIAL SAFETY DATA SHEET Page: 2 of 8 259 MATERIAL SAFETY DATA SHEET Version: 1.0 CASORON G-4 DATE of 1010512005 ISSUE: Date printed: 1011812005 Special protective equipment ror firefighters Body covering protective clothing, full "turn-out" gear. Self-contained breathing apparatus. Extinguishing media Suitable: Large fires: - alcohol-type foam or universal-type foams Small fires: - CO2 - dry chemical - water spray Unsuitable: - `eater jets Unusual lire and explosion hazards Avoid dispersion of dust in air to reduce potential for dust ignition/explosions. 6. ACCIDENTAL RELEASE MEASURES Personal precautions Wear suitable protective equipment., Avoid contact with eyes and skin. Environmental precautions Prevent from entering sewer system, surface water or soil. Methods for cleaning u Sweep up and collect in a suitable container for disposal. Avoid dust formation. Observe government regulations. HANDLING HANDLING Handling precautions Do not get in eyes, on skin, on clothing., Do not swallow., Avoid dispersion of dust in air., Do not eat. drink or smoke when handling. Other precautions If fine dust is formed from this product, avoid dispersion of dust in air to reduce fire and explosion hazard, Do not store near food, feed or fertilizers. Do not contaminate ponds, lakes, streams, or any source of water. STORAGE Storage requirements Store in a cool, dry place., Store in closed original drums. pa S®Stl 000000035228 Page: 3 of 8 260 Chem ura MATERIAL SAFETY DATA SHEET Version: 1.0 CASORON G-4 DATE of 110105/2005 ISSUE: Date printed: 1011812005 8. EXPOSURE CONTROLS 1 PERSONAL PROTECTION EXPOSURE LIMIT VALUES Consult local authorities for acceptable provincial values.No other exposure Iintits have been oaablishcd PERSONAL PROTECTION Respiratory protection Respirator in the presence of dusts, fumes, and vapors., All respirators must be NIOSH approved. Hand protection 1 protective gloves Chemical resistant protective gloves Eye protection safety glasses with side shields. Skin protection Wear protective clothing, such as long sleeves to minimize skin contact. ENGINEERING CONTROLS Ventilation Apply local exhaust ventilation at points of dust generation. PROPERTIES OTHER Boiling point Not applicable Melting point Not available Solidification Not available Not available Specific gravity (H20=1) Not available Density Not available Solubility in water Not available 000000035226 Page: 4 of 8 261 Chem ra , '44&-~ CASORON G-4 Solubility in organic solvents Slightly soluble Partitioning coefficient Not available Flash point Not available Autoignition temperature 579 °C Upper explosion limits Not available Lower explosion limits Not available Percent volatiles Not available MATERIAL SAFETY DATA SHEET Verslon: 1.0 DATA OF 1010512005 Issut : Date printed: 1011812005 10. STABILITY AND REACTIVITY Stability: Stable under normal conditions Stability - Conditions to avoid Avoid dust formation. Incompatible materials Strong alkalies. Strong oxidizing agents. Hazardous reactionsDichlobenil may hydrolyze to 2,6-dichlorobenzamide in alkaline/alcoholic solutions. Hazardous combustion products Burning can produce the following combustion products: Oxides of carbon. Oxides of nitrogen. Oxides of sulfur. Hazardous polymerization: Will not occur. 11. TOXICOLOGICAL INFORMATION Component data LD50 - Rat 2,6-Dichlorobenzonitrile Result: > 2,000 tng/kg Acute toxicity - Swallowing: Component data LD50 - Rabbit 2,6-Dichlorobenzonitrile Result: > 2,000 mg/kg Acute toxicity - Skin absorption: Component data LC50 - Rat 2,6-Dichlorobenzonitrile Result: > 0.25 mg/I Acute toxicity - Inhalation: Exposure time: 4 h M( )5DS# 000000035226 Page: 5 of 8 262 Chemttuu~ a~ MATERIAL SAFETY DATA SHEET Version: 1.0 CASORON G-4 DATE OF 1010512005 Issue: Date printed: 1011812005 Coutronew data Spccics: Rabbit 2,6-Dichlorobenzonitrile Classification: Not irritant Skin irritation - Skin contact Component data Species: Rabbit 2,6-Dichlorobenzonitrile Classification: Not irritant Eye irritation - Eye contact: Component data Spccics: Gainea pigs 2,6-Dichlorobenzonitrile Result: Negative sensitization: Component (2,6-Dichlorobenzonitrile): Negative Component (2,6-131chlorobenzonitrile): Negative Component(2,6-Dichlorobenzonitrile): Negative 12. ECOLOGICAL INFORMATION Cotnt+oncntecotoxicelo-V LC50- 2,6-Dichlorobenzonitrile Result: 4.93 - 12.7 mg/l Acute toxicity fish: Exposure time: 96 h Component eco:oxicology LC50 - Fathead minnow (Pimephales promelas) 2,6-Dichlorobenzonitrile Result: 6 ppm Acute toxicity fish: Exposure time: 96 h C'mnponenl ecotoxicOloev LC50 - Rainbow trout 2,6-Dichlorobenzonitrile Result: 6.3 ppm Acute toxicity fish: Exposure time: 96 h C"om onent ccatuxicolo LC50 - Bluegill 2,6-131chlorobenzonitrile Result: 9.3 ppm Acute toxicity fish: Exposure time: 96 h Component ecotoxtcoloev LC50 - Sheepshead Minnow 2,6-Dichlorobenzonitrile Result: 12.7 ppm Acute toxicity fish: Exposure time: 96 h Mf )SD5# 000000035226 Page: 6 of 8 263 Chemtura~ MATERIAL SAFETY DATA SHEET Verslon: 1.0 CASORON G-4 DATe of 1010512003 Issue: Date printed: '1011812005 Coninoncnt ecotoxicoloev - Rainbor+ trout 2,6-Dichlorobenzonitrile Result: 0.7 ppm Chronic toxicity fish: Early Life Stage MATC C0I71p01]ell] cCOCoxicoloev 2,6-Dichtorobenzonitrile Aquatic toxicity to plants: IC50 - Algae Result: 2 - 2.7 mg/1 Exposure time: 72 h Component ecotoxicoloa., EC50 - Daphnia magna 2,6-Dichlorobenzonitrile Result: 6.2 mgll Acute toxicity to aquatic Exposure time: 48 h invertebrates: Component ecotoxicolo LC50 - Mysid Shrimp 2,6-Dichlorobenzonitrile Result: 2.35 ppm Acute toxicity to aquatic Exposure lime: 96 h invertebrates: Component ecotoxicoloev - - Daphnia magna 2,6-Dichlorobenzonitrile Result: 1.5 ppm Chronic toxicity to aquatic, Life Cycle MATC invertebrates: Component ecotoxicoloev - EC50 - Crassoslrea virginica (Eastern Oyster) 2,6-Dichlorobenzonitrile Result: 1.92 ppm Chronic toxicity to a uatig Shell Desposition invertebrates: Exposure time: 4 d 13. DISPOSAL CONSIDERATIONS General: Avoid discharge to sewers and natural waters., Incinerate in a furnace where permitted under appropriate Federal. State, and local regulations. Non-cleaned packages Empty drums should be decontaminated and either passed to an an approved drum reconditioner or destroyed., Containers that cannot he cleaned must be treated as waste. 14. TRANSPORT INFORMATION TDG - Canada This product is not regulated by TDG. JMDG Classification This product is not regulated by 1MDG. D 000000035226 Rage: 7 of 8 264 MATERIAL SAFETY DATA SHEET Chemtu a~ Version: 1.0 CASORON G-,( DATE OF 1010512005 ISSUE: Date printed: 10/1812005 ICAO Classification This product is not regulated by ICAO. 15. REGULATORY INFORMATION WHMIS CLASSIFICATION NC Not controlled. CPR Compliance This product has been classified with the hazard criteria ol'the CPR, and the MSDS contains all the information required by CPR. CHEMICALINVENTORY Canada: All substances in this product are exempt from the DSL as this product is registered under the Pert Control Products Act., PCP# 12533, 23767 16. OTHER INFORMATION FURTHER INFORMATION MAY BE ON THE INVENTORY LIST BUT NOT NECESSARILY REGISTERED, (Korea, China, New Zealand) CONSULT REGULATORY SPECIALIST. 5TP Standard temperalure and pressure WIW Weight/Weight Copyright 2005 C he tura Co./Cie THE OPINIONS EXPRESSED HEREIN ARF? TI IOSE OF QUALIFIED EXPERTS WITHIN CFIEMTURA CORPORATION, WE BFLIFVE THAT THE INFORMATION CONTAINED HEREIN IS CURRENT AS OF THE DATE OFF THIS SAFETY DATA SHEET. SINCE THE USE OF THIS INFORMATION AND OF THESE OPINIONS AND THE CONDITIONS OF USE OF THIS PRODUCT ARE NOT WITHIN THE CONTROL OF CHEMTURA CORPORATION, IT IS THE USER'S OBLIGATION TO DETERMINE THE CONDITIONS OF SAFE USE OF THE PRODUCTS. M12-OSI 000000035226 Page: 8 of 265 Biosecurity News and Events Page 1 of 2 0 . Horne Paye . Invasive Non Native Species Fish Diseases R Parasites . Control & Eradication Programmes Biosecurit Plans - . News and Events Management by Species Programme Awareness Links Legislative Framework Information for Trusts Report a Sighting Biosecurity News and Events Trusts wishing to contact the Wildlife Counts Project should do so through Stephen Wiseman (stephen(h albainterpretation.com). Participants in the Wildlife Counts Project who wish to contact their local Trust should click here and follow the appropriate links. Responding to the Threat of Marine Non Native Species. With invasive nonnative species posing an increasing threat to our seas, coasts and estuaries, Scottish National Heritage will be holding an event for marine businesses to share best practice procedures on Tuesday 27th October at Battleby in Perthshire. Non-native plants and animals can cause economic as well as ecological damage, oven mquiring expensive cleaning-up measures. This event is an opportunity for those who work in the marine environment to team more about the risks and to consider possible responses to this threat. The focus of the day will be on practical measures that businesses can use to reduce this threat. The emphasis will be on learning from each other and sharing experiences, both good and bad. Topics for discussion will include practical methods and strategies for the prevention, detection and control of invasive plants and animals. Recent case studies will be used to demonstrate the spread of non-native species, impacts on biodiversity, effectiveness of control methods and examples of successful management strategies. The most commonly known products are Midstream GSR and Casoron GSR but a full list of products affected can be found by following this link. Following the success of the June training course, a further course on American Signal Crayfish identification, ecology and control is being organised for I5th-16th October 2009. Interested Trust staff should contact the RAFTS Biosecurity Officer. A draft of the Esks Rivers and Fisheries Trust Biosecuri Plan has been circulated for consultation. Any comments should be sent to Marshall Halliday of the Esks Rivers and Fisheries Trust. flea/C:1Doeu ents and Settings\jcI9401Loca1 SettA gs\Temporary Internet Files\Content.... 7/28/2010 iosec ty News an Events age 2 o 2 a file:l/C:1 oc wnents and Settings\jc19 01Local Set~ igs1 e ora Internet FilesTonte t.... 7/28/2010 JUL-232010 01:56 PM Ronald ubQr 506 472 4029 P.01 2 Mayor andcounciC City of Saint John Saint John, NB. June 23, 2010 Your -Worship and council The Anglo Society of N.B. is an incoryoratednonprofit organization charged with the-protection of the Bngtish language andcuCture in theprovince of .New Brunswick. Our organization currently has three chapters ands board of directors, with two additionaCchapters to be added this year, -Mush of our effort is spent on educating the E'ngCish speaking citizens about the current Language legislation as itpertains to education, commerce, individualrWhts and the genera( socio-economic condition of our-province. The Angto Society has takenpart in severaCpublic meetings, town haCLs, discussion groups andspeciaCevents in the province. 'We have addressed issues with the federal provinciai'andmunicfpaCgovernments, as weiTas hospitatcorporations, school boards, private business andprovin.ciaCagencies. In a few short years we have grown, from a Local organization in Cik ucester County to a provincial organization and the only organizedvoice for the concerns and issues of the Bngfu' h speakingpoyulation. In the past your city has rightCy honoredmany cufturaCgroups and'service clubs by flying their flag or banner on their speciaCday of ceCebratian. It is our sincere wish that your city wilrarso honor the Bnglish speaking citizens of N.B. by flying our flag on Argo Day September Ye, 2010 as have other cities in the province. It has been our practice to supply the municaCity, with a flag several days prior to September 18«. Tank you for your consideration,, we await your reply. Matthew C(.enn Provincial-President. Anglo Society of N.B. n Ambassador Drive Do'uga S, NY. B. E3 C3 7X9 (5a6)472-4029 (506) 327-6.723 268