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2011-01-17_Agenda Packet--Dossier de l'ordre du jour1. Call to Order Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of December 20, 2010 3. Adoption of Agenda 4. Disclosures of Conflict of Interest City of Saint John Common Council Meeting Monday, January 17, 2011 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 1.2 Property Matter 10.2(4)(c,d) 1.3 Property Matter 10.2(4)(c,d) 1.4 Legal Opinion 10.2(4)(f,g) 1.5 Legal Opinion 10.2(4)(f,g) 1.6 Budget Deliberations 10.2(4)0) Regular Meeting 5. Consent Agenda 5.1 Brunswick Pipeline Crossing Agreement (Recommendation in Report) 5.2 Engineering Design Site Specific Preliminary Design of the Saint John Drinking Water Treatment Plant (Recommendation in Report) 5.3 Waldschutz Letter: Uptown Streets Beautification (Recommendation: Receive for Information 5.4 Design and Construction Management Spar Cove Road Wastewater Pumping Station (Recommendation in Report) 5.5 2011 NBCC Public Works Training Agreement (Recommendation in Report) 5.6 Harbour Clean Up Lift Station 23 Stop Up and Close Portion of Main St (Recommendation in Report) 5.7 Request to Present Preliminary Report of Business and Technical Analysis for the Green Thermal Utility (Recommendation: Refer to the Clerk to Schedule) 5.8 Police Association Letter: Agreement of Proposed Pension Concessions (Recommendation: Receive for Information) 5.9 Rezoning 991 Fairville Boulevard (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Stop Up and Close Portion of Harding Street West 11. Submissions by Council Members 11.1 Cutting of Wood on City Owned Property (Councillor Farren) 11.2 Moving Forward Motions for Vendor By -Law and New Taxi By -Law (Councillor Farren) 11.3 Letter of Appreciation to Shamrock Park Volunteers (Councillor Sullivan) 11.4 Requesting a Discount or Donation of Power Supplied to Food Banks (Councillor Sullivan) 11.5 2011 Vacant Derelict Buildings Workload Expectations (Councillor Snook) 11.6 Milford Road Housing Initiative Update West Saint John (Councillor McGuire) 11.7 Clean Safe Drinking Water Designated City of Saint John Representative (Councillor McGuire) 11.8 Vacant and Derelict Building Advocacy and Needed Legislation (Councillor McGuire) 12. Business Matters Municipal Officers 12.1 City Manager: Traffic Control at Intersection of Sandy Point Road and Foster Thurston Drive 12.2 City Manager: Overnight Winter Parking Restriction 12.3 City Manager: Spar Cove Road Wastewater Pumping Station 12.4 City Manager: Resource Requirement Options for Enforcement of Vacant Buildings 13. Committee Reports 13.1 Mispec Park Recreation Committee Inc: 2011 Budget Submission 13.2 Committee of the Whole: Resolution Respecting Legal Services to Board of Police Commissioners 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Sauerteig Letter: Sandy Point Road Planning Study 15.2 Goss Letter: Development in Rockwood Park 16. Adjournment 2 City of Saint John Seance du conseil communal Le lundi 17 janvier 2011 Comite plenier 1. Ouverture de la seance 17 h Salle de conference, 8 etage, hotel de ville 1.0 Approbation du proces verbal 1.1 Question relative aux biens -fonds alineas 10.2(4)c), d) 1.2 Question relative aux biens -fonds alineas 10.2(4)c), d) 1.3 Question relative aux biens -fonds alineas 102(4)c), d) 1.4 Avis juridique alineas 102(4)0, g) 1.5 Avis juridique alineas 10.2(4)0, g) 1.6 Deliberations budgetaires alinea 10.2(4)j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 30 Salle du conseil 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 20 decembre 2010 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a l'approbation du conseil 5.1 Convention entre la municipalite et la societe Br Pipeline relative au croisement du gazoduc (recommandation figurant au rapport) 5.2 Conception technique preliminaire d'un site precis pour la station de traitement d'eau potable de Saint John (recommandation figurant au rapport) 5.3 Lettre de M. Waldschutz concernant 1'embellissement des rues du centre -ville (recommandation accepter a titre informatif) 5.4 Gestion de la conception et de la construction concernant le poste de pompage des eaux usees situe sur le chemin Spar Cove (recommandation figurant au rapport) 5.5 Entente de 2011 relative a la formation en travaux publics au CCNB (recommandation figurant au rapport) 5.6 Fermeture et barrage dune partie de la rue Main dans le cadre du nettoyage du port, station de relevement n 23 (recommandation figurant au rapport) 5.7 Demande en vue de faire une presentation devant le conseil Rapport preliminaire portant sur 1'analyse commerciale et technique des installations thermiques vertes (recommandation transmettre a la greffiere pour qu'une date de presentation soit fixee) 5.8 Lettre de 1'Association des policiers du Nouveau-Brunswick relative a 1'entente sur les concessions proposees en matiere de pensions (recommandation accepter a titre informatif) 5.9 Rezonage visant le 911, boulevard Fairville (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Troisieme lecture de 1'Arrete concernant la fermeture et le barrage de routes tron9on de la rue Harding Ouest 11. Interventions des membres du conseil 11.1 Coupe de bois sur les proprietes appartenant a la municipalite (conseiller Farren) 11.2 Adoption des motions visant 1'arrete sur les fournisseurs et le nouvel arrete reglementant les taxis (conseiller Farren) 11.3 Lettre de remerciements a 1'attention des benevoles du parc Shamrock (conseiller Sullivan) 11.4 Demande visant a accorder une reduction ou a faire un don relativement a 1'electricite fournie aux banques alimentaires (conseiller Sullivan) 11.5 Charge de travail escomptee en 2011 relativement aux batiments vacants et abandonnes (conseiller Snook) 11.6 Mise a j our de 1'initiative en matiere de logements sur le chemin Milford Saint John Ouest (conseiller McGuire) 11.7 Salubrite et proprete de 1'eau potable Representant designe de The City of Saint John (conseiller McGuire) 11.8 Defense des droits et necessite de mettre en place une legislation dans le cadre des batiments vacants et abandonnes (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general Regulation de la circulation a 1'intersection du chemin Sandy Point et de la promenade Foster Thurston 12.2 Directeur general Restrictions relatives au stationnement sur rue en hiver la nuit 12.3 Directeur general Poste de pompage des eaux usees situe sur le chemin Spar Cove 12.4 Directeur general Options relatives aux exigences en matiere de ressources pour 1'execution de la legislation sur les batiments inoccupes 13. Rapports deposes par les comites 13.1 Mispec Park Recreation Committee Inc. Demandes budgetaires pour 2011 13.2 Comite plenier Resolution afferente aux services juridiques pour le Bureau des commissaires de la police 14. Etude des sujets ecartes des questions soumises a l'approbation du conseil 15. Correspondance generale 15.1 Lettre revue de Sauerteig Etude de planification portant sur le chemin Sandy Point 15.2 Lettre de M. Goss Projet d'amenagement au sein du parc Rockwood 16. Levee de la seance Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Mott, Snook, Sullivan, and Titus P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; B. Connell, Deputy Police Chief; R. Simonds, Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 20 DECEMBRE 2010 A 18 H 30 Sont presents Ivan Court, maire 1. Call To Order Prayer le maire suppleant Chase et les conseillers Court, Farren, McGuire, Mott, Snook, Sullivan, Titus et la conseillere Higgins P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; B. Connell, chef de police adjoint; R. Simonds, chef du service d'incendie; ainsi que E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. Mayor Court called the meeting to order and Pastor Dan Trecartin offered the opening prayer. 1. Ouverture de la seance, suivie de la priere and et La seance est ouverte par le maire Court et le pasteur Dan Trecartin recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the minutes of the meeting of Common Council, held on November 29, 2010, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le proces- verbal de la seance du conseil communal tenue le 29 novembre 2010 soit approuve. On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the agenda of this meeting with the addition of items 3.0 Proposed 2011 Operating and Capital Budgets Saint John Water; 12.0 Technical and Business Analysis Green Thermal Utility; 12.9 Rockwood Park Phase 11 Amendment to Recreational Infrastructure Canada Letter of Offer; 13.2 Minutes of Settlement Between The City of the Saint John and Saint John Airport Inc, be approved. Question being taken, the motion was carried with Deputy Mayor Chase and Councillor Higgins voting nay. On motion of Deputy Chase Seconded by Councillor Mott RESOLVED that item 3.0 Proposed 2011 Operating and Capital Budgets Saint John Water, be tabled until the next meeting of Council. Question being taken, the motion was defeated with the Mayor and Councillors Court, Farren, Higgins, McGuire, Snook, Sullivan and Titus voting nay. 3. Adoption de I'ordre du jour Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout des points 3.0 Rapport des budgets d'exploitation et d'immobilisations proposes pour 2011 de Saint John Water; 12.0 Analyse commerciale et technique Installations thermiques vertes; 12.9 Parc Rockwood, phase 11 Modification de la lettre d'offre d'Infrastructure de loisirs du Canada et 13.2 Proces- verbal du reglement avec City of the Saint John Airport Inc. A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase et la conseillere Higgins votent contre la proposition. Proposition du maire suppleant Chase Appuyee par le conseiller Mott RESOLU que le point 3.0 Rapport des budgets d'exploitation et d'immobilisations proposes pour 2011 de Saint John Water soit reporte a la prochaine seance publique du conseil. A ('issue du vote, la proposition est rejetee. Le maire ainsi que les conseillers Court, Farren, McGuire, Snook, Sullivan, Titus et la conseillere Higgins votent contre la proposition. 4. Disclosures of Conflict of Interest Councillor Higgins disclosed a conflict of interest with items 5.14 Engineering Design and Construction Management Services Consumers Dr., Mountain View Dr., and Rothesay Ave Roadway Improvements; and 12.4 City Manager: Engineering Design and Construction Management: Milford Storm Sewer Separation Projects. 4. Divulgations de conflits d'interets La conseillere Higgins declare etre en conflit d'interets avec les points 5.14 Services de conception technique et de gestion de la construction travaux de refection de la chaussee de la promenade Consumers, de la promenade Mountain View et de ('avenue Rothesay et 12.4 Directeur general conception technique et gestion de construction projets de separation des egouts pluviaux, Milford. 5.1 That as recommended by the City Manager in the submitted report M &C 2010- 422: Woodward Avenue Boars Head Road to Conifer Crescent Storm Drainage Improvements, Contract 2010 -29: Woodward Avenue Boars Head Road to Conifer Crescent Storm Drainage Improvements be awarded to the low tenderer, Brad Gould Trucking and Excavating Ltd. at their tendered price of $263,736.35 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.2 That the submitted letter from Gentle Path Counselling Services dated December 13, 2010 requesting to present to Council in closed session, be referred to the Clerk to schedule. 5.3 That the submitted report M &C 2010 -408: Green Thermal Utility Business and Technical Analysis Request for Proposals be received for information. 5.4 That as recommended by the City Manager in the submitted report M &C 2010- 413: Start Smart Program Agreement Saint John Police Headquarters, the City enter into a Program Agreement with Efficiency New Brunswick for the new Police Headquarters in the form and upon the terms and conditions as submitted with said report and that the Mayor and Common Clerk be authorized to execute the said agreement. 5.5 That as recommended by the City Manager in the submitted report M &C 2010- 414: Green Municipal Funding Agreement Feasibility Study for the Development of a Green Thermal Utility (GTU), the City enter into a Grant Agreement with the Federation of Canadian Municipalities for the Green Thermal Utility District Cooling Heating Loop in the form and upon the terms and conditions as submitted with said report and that the Mayor and Common Clerk be authorized to execute the said agreement. 5.6 That as recommended by the City Manager in the submitted report M &C 2010- 412: Green Municipal Funding Agreement Saint John Transit Building and Operation Centre, the City enter into a Combined Loan and Grant Agreement with the Federation of Canadian Municipalities for the new Transit Operation Center in the form and upon the terms and conditions as submitted with said report and that the Mayor and Common Clerk be authorized to execute the said agreement. 5.7 That as recommended by the City Manager in the submitted report Purchase of Applicant Tracking System Njoyn through contract with CGI Payroll Services Centre Inc., the City enter into a Service Agreement with CGI Payroll Services Centre Inc. in the form and upon the terms and conditions as submitted with said report and that the Mayor and Common Clerk be authorized to execute the said agreement. 5.8 That as recommended by the Commissioner of Finance in the submitted report Additional Costs Pension Reform, the additional fee of $60,082 incurred for the provision of actuarial services with respect to developing a long -term solution to the pension plan funding issue be approved. 5.9 That the submitted report M &C 2010 -421: Loch Lomond Watershed Clean -Up Day Results be received for information. 5.10 That the submitted report M &C 2010 -419: Millidgeville Water Standpipe Mixer Installation be received for information. 5.11 That as recommended by the City Manager in the submitted report M &C 2010- 418: Pipeline Road East Water Transmission Main Phinney Hill to Lakewood Heights Pumping Station, Gulf Operators Ltd. be engaged to make the repairs as noted in said report on a time and materials basis, and that CBCL Limited be hired to inspect the work, with the cost of the repair covered through the 2011 Saint John Water Operating Budget. 5.12 That as recommended by the City Manager in the submitted report M &C 2010- 405: Tenders for Chemicals, the tenders for the establishment of supply agreements for varini is rhamiralc i icarl fn fraaf fha ('.ifv'c nnfahla watar ci irnly ha axniarrlarl fn fha Ir pct 5.13 That as recommended by the City Manager in the submitted report M &C 2010- 404: Invited Bids for the Installation of a Floating Baffle System Lancaster Wastewater Treatment Facility, the bid from Gulf Operators, for the installation of three (3) custom fabricated floating bio- separator baffles and disposal of the old baffle curtains for the Lancaster Wastewater Treatment Facility, at a cost of $33,900.00 plus HST, be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.14 Refer to item 14.1. 5.15 That as recommended by the City Manager in the submitted report M &C 2010- 410: Carnegie Building Washroom Upgrades, Bid No. 2010- 085102T: Washroom Upgrades Carnegie Building be awarded to the low bidder, Erb Enterprises Inc., for the tendered price of $23,896.00 plus a 15% contingency allowance totalling $27,480.40 plus HST. 5.16 That as recommended by the City Manager in the submitted report M &C 2010- 409: Facility Condition Assessment and Capital Planning Study, the proposal submitted by VFA Canada to complete a Facility Condition Assessment and Capital Planning Study be accepted at a cost of $46,573.00 plus HST. 5.17 That as recommended by the City Manager in the submitted report M &C 2010- 411: Canada Games Aquatic Centre Design of Fitness Centre Roof Replacement, Common Council: 1) Refer the $459,000 plus HST in construction costs associated with the Canada Games Aquatic Centre Fitness Centre Expansion project to the 2011 capital budget process for consideration; and 2) Accept the proposal submitted by Architecture 2000 Inc. in the amount of $63,655.00 plus HST to complete the detailed design for the proposed Canada Games Aquatic Centre Fitness Centre Expansion project with the objective of completing construction in 2011. 5.18 That as recommended by the City Manager in the submitted report M &C 2010- 401: Harbour Clean -Up SLS #8 Crown Street NB Housing Corporation, The City of Saint John enter into the Land Exchange Agreement with the Province as submitted with said report and that the Mayor and Common Clerk be authorized to sign all required documentation to effect the said Land Exchange. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.14 Engineering Design and Construction Management Services Consumers Dr., Mountain View Dr., and Rothesay Ave Roadway Improvements, which has been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a ('approbation du conseil 5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -422: Travaux d'amelioration aux reseaux pluviaux de ('avenue Woodward a partir du chemin Boars jusqu'au croissant Conifer, le contrat 2010 -29 relatif aux travaux d'amelioration aux reseaux pluviaux de ('avenue Woodward a partir du chemin Boars jusqu'au croissant Conifer soit accorde au soumissionnaire le moins disant, Brad Gould Trucking and Excavating Ltd., au prix offert de 263 736,35 etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents necessaires. 5.2 Que la lettre de demande soumise par Gentle Path Counselling Services datee du 13 decembre 2010, visant a faire une presentation devant le conseil en seance nrivaa cnit francmica a la nraffiara nni it ni i'alIa fives i roes data rla nracantatinn titre informatif. 5.4 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -413: Entente sur le programme Partez du bon pied quartier general du Service de police de Saint John, la Ville conclue une entente sur le programme avec Efficacite Nouveau Brunswick pour le nouveau quartier general du Service de police de Saint John dans la forme et selon les modalites soumises avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer ladite entente. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -414: Entente de financement municipal pour l'environnement etude de faisabilite sur l'amenagement d'installations thermiques vertes, la Ville conclue un accord de subvention avec la Federation canadienne des municipalites relativement aux sources de chauffage et de refroidissement centralises d'installations thermiques vertes dans la forme et selon les modalites soumises avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer ledit accord. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -412 Entente de financement municipal pour l'environnement batiment du centre des operations de la Commission des transports de Saint John, la Ville conclue un accord combine de pret et de subvention avec la Federation canadienne des municipalites relativement au nouveau centre des operations de la Commission des transports de Saint John dans la forme et selon les modalites soumises avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer ledit accord. 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule Achat du systeme de suivi des candidatures Njoyn par I'entremise d'un contrat avec CGI Payroll Services Centre Inc., la Ville conclue une entente de services avec CGI Payroll Services Centre Inc. dans la forme et selon les modalites soumises avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer ladite entente. 5.8 Que, comme le recommande le commissaire aux finances dans le rapport soumis intitule Reforme du regime de retraite, coats supplementaires, les frais supplementaires de 60 082 engages pour des services d'actuariat visant ('elaboration dune solution a long terme au probleme de financement du regime de retraite soient approuves. 5.9 Que le rapport soumis intitule M/C 2010 -421 Resultats journee de nettoyage du bassin versant Loch Lomond, soit accepte a titre informatif. 5.10 Que le rapport soumis intitule M/C 2010 -419 Installation d'un melangeur pour chateau d'eau, Millidgeville, soit accepte a titre informatif. 5.11 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -418: Conduite d'eau principale du chemin Pipeline Est poste de pompage depuis Phinney Hill jusqu'a Lakewood Heights, les services de Gulf Operators Ltd. soient retenus pour faire des reparations facturees en fonction du temps et des materiaux tel qu'il est indique dans ledit rapport et que CBCL Limited soit embauchee pour inspecter le travail, les fonds pour les reparations provenant du budget de fonctionnement de Saint John Water de 2011. 5.12 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -405: Soumissions relatives aux produits chimiques, les contrats relatifs a la fourniture des divers produits chimiques utilises aux fins de traitement de ('eau potable municipale soient accordes au soumissionnaire le moins disant dans chaque cas, comme suit I'hypochlorite de sodium a Univar Canada Ltd, I'acide fluorosilicique a Min -Chem Canada Inc. et le chlore liquide a Brenntag Canada Ltd. 5.13 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -404 Appel d'offres sur invitation pour l'installation d'une chicane flottante installation de traitement des eaux usees de Lancaster, I'offre de Gulf Operators pour ('installation de trois (3) chicanes flottantes fabriquees sur mesure dotees d'un separateur biologique et I'enlevement des anciens barrages de confinement de chicane An l'inefnllnfinn An frnifnmenf rice nni iv 1 iccec An 1 nnrnefnr i in rni °i+ An '"V" ann l n 1 is 5.15 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -410: Batiment Carnegie travaux d'amelioration aux salles de bain, la soumission n° 2010- 085102T Batiment Carnegie travaux d'amelioration aux salles de bain, de Erb Enterprises Inc., soit le soumissionnaire le moins disant, au montant de 23 896 plus 15 (fonds pour eventualites), donnant au total 27 480,40 plus la TVH, soit acceptee. 5.16 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -409: Evaluation de l'etat des installations et etude sur la planification des immobilisations, la proposition presentee par VFA Canada pour mener une evaluation de I'etat des installations et une etude sur la planification des immobilisations, au coCit de 46 573 plus TVH, soit acceptee. 5.17 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -411: Centre aquatique des Jeux du Canada conception du nouveau du toit du centre de conditionnement physique, le conseil communal 1) soumette la question des coCits de construction, au montant de 459 000 plus TVH, associes au projet d'expansion du centre de conditionnement physique du Centre aquatique des Jeux du Canada au processus relatif au budget d'immobilisations de 2011 a des fins d'examen; 2) accepte la proposition presentee par Architecture 2000 Inc. au montant de 63 655 plus TVH pour terminer la conception detainee du projet propose d'expansion du centre de conditionnement physique du Centre aquatique des Jeux du Canada dans le but que les travaux de construction soient termines en 2011. 5.18 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -112: Nettoyage du port poste de relevage des eaux usees n 8, rue Crown, Societe d'habitation du Nouveau Brunswick, The City of Saint John conclue I'echange de biens -fonds avec la province soumis avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer toute la documentation necessaire a ('execution de I'echange de biens- fonds. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommandation formulee pour chacune des questions soumises a ('approbation du conseil, a ('exclusion du point 5.14, Services de conception technique et de gestion de Ia construction travaux de refection de Ia chaussee de Ia promenade Consumers, de Ia promenade Mountain View et de ('avenue Rothesay, et qui a ete selectionnee aux fins de deliberations, soit adoptee. A ('issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a). Proposed Zoning By -Law Amendment 142 Harrington Street 9.1(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 690 square metres, located at 142 Harrington Street, also identified as PID number 00371518, from "RM -IF" Multiple Residential Infill to "B -1" Local Business with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its December 14, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 142 Harrington Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. Tha Mavnr rallarl fnr mamharc of fha ni ihlir fn cnaak in fawns it of fha ra- 7nninn xniifh nn RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by rezoning a parcel of land with an area of approximately 690 square metres, located at 142 Harrington Street, also identified as PID number 00371518, from "RM -IF" Multiple Residential Infill to "B -1" Local Business, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by rezoning a parcel of land with an area of approximately 690 square metres, located at 142 Harrington Street, also identified as PID number 00371518, from "RM -IF" Multiple Residential Infill to "B -1" Local Business, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage visant le 142, rue Harrington 9.1b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par ('article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de ('annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain dune superficie d'environ 690 metres carres situee au 142, rue Harrington et portant le NID 00371518 afin de faire passer la designation s'y rapportant de zone d'edifices a logements multiples sur terrain intercalaire RM -IF a zone commerciale locale B -1 et qu'aucune objection n'a ete regue a cet egard. On procede egalement a ('examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 14 decembre 2010, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 142, rue Harrington, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par ('article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John en modifiant a ('annexe A, plan de zonage de The City of Saint John, le zonage dune parcelle de terrain situee au 142, rue Harrington, dune superficie d'environ 690 metres carres et portant le NID 00371518, pour faire passer la designation de zone d'edifices a logements multiples sur terrain intercalaire RM -IF a zone commerciale locale B -1 fasse ('objet dune premiere lecture. A ('issue du vote, la proposition est adoptee. RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage dune parcelle de terrain situee au 142, rue Harrington, d'une superficie d'environ 690 metres carres et portant le NID 00371518, pour faire passer la designation de zone d'edifices a logements multiples sur terrain intercalaire RM -IF a zone commerciale locale B -1 fasse I'objet dune deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John 9.2(a). Proposed Zoning By -Law Amendment 237 -249 Mount Pleasant Avenue 9.2(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1950 square metres, located at 237 -249 Mount Pleasant Avenue East, also identified as PID numbers 55143119, 00418608, 00418590, 55080386 and 00429050, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its December 14, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 237 -249 Mount Pleasant Avenue East as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Bob Landry, the applicant, indicating that he was in agreement with the Planning Advisory Committee recommendation. Jamie Dobbelsteyn, operator of the proposed special care facility, also addressed the Committee in support of the application. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1950 square metres, located at 237 -249 Mount Pleasant Avenue East, also identified as PID numbers 55143119, 00418608, 00418590, 55080386 and 00429050, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, be read a first time. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Snook Seconded by Councillor Court RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1950 square metres, located at 237 -249 Mount Pleasant Avenue East, also identified as PID numbers 55143119, 00418608, 00418590, 55080386 and 00429050, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, be read a second time. Question being taken, the motion was carried. Question being taken, the motion was carried. 9.2b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par ('article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de ('annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain dune superficie d'environ 1 950 metres carres situee aux 237 -249, avenue Mount Pleasant Est et portant les NID 55143119, 00418608, 00418590, 55080386 et 00429050 afin de faire passer la designation s'y rapportant de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone de quartier a vocation collective IL -1 et qu'aucune objection n'a ete regue a cet egard. On procede egalement a ('examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 14 decembre 2010, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 237 -249, avenue Mount Pleasant Est, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par ('article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Bob Landry, le requerant, indique qu'il est d'accord avec la recommandation du Comite consultatif d'urbanisme. Jamie Dobbelsteyn, exploitant de I'etablissement de soins speciaux propose, s'est egalement prononce en faveur de la demande devant le Comite. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John modifiant a ('annexe A plan de zonage de The City of Saint John, le zonage dune parcelle de terrain situee au 237 -249, avenue Mount Pleasant Est, dune superficie d'environ 1 950 metres carres et portant les NID 55143119, 00418608, 00418590, 55080386 et 00429050, pour faire passer la designation s'y rapportant de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone de quartier a vocation collective IL -1 fasse ('objet dune premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John Proposition du conseiller Snook Appuyee par le conseiller Court RESOLU que I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John modifiant a ('annexe A plan de zonage de The City of Saint John, le zonage dune parcelle de terrain situee au 237 -249, avenue Mount Pleasant Est, dune superficie d'environ 1 950 metres carres et portant les NID 55143119, 00418608, 00418590, 55080386 et 00429050, pour faire passer la designation s'y rapportant de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone de quartier a vocation collective IL -1 fasse ('objet dune deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John 9.3(a). Proposed Zoning By -Law Amendment 216 -218 Millidge Avenue 9.3(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amanrlinn rharli iIa "A" tha 7nninn Man of Tha ('.ifv of Inhn by ra- 7nninn a narral Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its December 14, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 216 -218 Millidge Avenue as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with John Henderson, the applicant, indicating that he was in agreement with the Planning Advisory Committee recommendations. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 730 square metres, located at 216 -218 Millidge Avenue, also identified as PID number 00042390, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 730 square metres, located at 216 -218 Millidge Avenue, also identified as PID number 00042390, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3a) Projet de modification de I'Arrete de zonage visant les 216 -218, avenue Millidge 9.1b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par ('article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de ('annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain dune superficie d'environ 730 metres carres situee aux 216 -218, avenue Millidge et portant le NID 00042390 afin de faire passer la designation s'y rapportant de zone residentielle de banlieue habitations unifamiliales et bifamiliales RS -2 a habitations de quatre logements R -4 et qu'aucune objection n'a ete regue a cet egard. On procede egalement a ('examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 14 decembre 2010, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee aux 216 -218, avenue Millidge, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par ('article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Comite consultatif d'urbanisme. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee aux 216 -218, avenue Millidge, dune superficie d'environ 730 metres carres et portant le NID 00042390, afin de la faire passer de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone residentielle habitations de quatre logements R -4 fasse I'objet dune premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee aux 216 -218, avenue Millidge, dune superficie d'environ 730 metres carres et portant le NID 00042390, afin de la faire passer de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone residentielle habitations de quatre logements R -4 fasse I'objet dune deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John 9.4(a). Proposed Zoning By -Law Amendment 6 Highwood Drive 9.4(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1000 square metres, located at 6 Highwood Drive, also identified as PID number 00020131, from "R -1A" One Family Residential to "R -2" One and Two Family Residential, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its December 14, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 6 Highwood Drive as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1000 square metres, located at 6 Highwood Drive, also identified as PID number 00020131, from "R -1A" One Family Residential to "R -2" One and Two Family Residential, be read a first time. Question being taken, the motion was carried. RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1000 square metres, located at 6 Highwood Drive, also identified as PID number 00020131, from "R -1A" One Family Residential to "R -2" One and Two Family Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9.4a) Projet de modification de I'Arrete de zonage visant le 6, promenade Highwood 9.4b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain dune superficie d'environ 1 000 metres carres situee au 6, promenade Highwood et portant le NID 00020131 afin de faire passer la designation s'y rapportant de zone residentielle habitations unifamiliales R -1A a zone residentielle habitations unifamiliales et bifamiliales R -2 et qu'aucune objection n'a ete regue a cet egard. On procede egalement a I'examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 14 decembre 2010, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 6, promenade Highwood, telle qu'elle est decrite ci- dessus. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee au 6, promenade Highwood, dune superficie d'environ 1 000 metres carres et portant le NID 00020131, afin de la faire passer de zone residentielle habitations unifamiliales R -1A a zone residentielle habitations unifamiliales et bifamiliales R -2 fasse I'objet dune premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee au 6, promenade Highwood, dune superficie d'environ 1 000 metres carres et portant le NID 00020131, afin de la faire passer de zone residentielle habitations unifamiliales R -1A a zone residentielle habitations unifamiliales et bifamiliales R -2 fasse I'objet dune deuxieme lecture. A I'issue du vote, la proposition est adoptee. A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Municipal Plan: from Open Space to Low Density Residential, a parcel of land with an area of approximately 6.5 hectares, located to the southeast of Sandy Point Road, between University Avenue and the Cherry Brook Zoo, also identified as being portions of PID numbers 55059018, 55020770, 55059158, 00051383, 55196430, 55196380, 55059034, 55059026 and 55059067; from Open Space to Medium Density Residential, a parcel of land with an area of approximately 3,000 square metres, located at 999 Sandy Point Road, also identified as a portion of PID number 55058952 and a portion of Sandy Point Road; from Low Density Residential to Open Space, a parcel of land with an area of approximately 13.2 hectares, located between Sandy Point Road and Samuel Davis Drive, also identified as being a portion of PID number 00052548. Councillor Titus called a point of order in response to comments that were made by a Councillor respecting the proposed municipal plan amendment, noting that the Councillor would be prohibited from participating in the public hearing for expressing opinions prior to the public hearing taking place. The Mayor stated that the public presentation is simply an announcement, noting that the public hearing will take place in the future. The City Solicitor advised that it would be prudent for Council to accept the public presentation as an indication that a public hearing will take place in the future, at which time, he noted, Council will hear from citizens who support the proposed changes and from those who oppose it, noting that Council could then arrive at a decision with the benefit of the oral and written submissions. Mr. Nugent stated that although it is unlikely that a Council member would be disqualified from participating in the public hearing process for expressing his or her tentative views, he advised that it could raise suspicions that the Council member's opinions are predetermined or biased. Mr. Nugent recommended that members of Council wait until the public hearing process has concluded before expressing opinions. 10.1 Presentation publique relative a la modification proposee du plan municipal visant le chemin Sandy Point Une presentation publique est donnee relativement au projet de modification du plan d'amenagement municipal afin de faire passer la designation a I'annexe 2 -A du plan d'une parcelle de terre situee au sud -est du chemin Sandy Point, entre I'avenue University et le zoo Cherry Brook, dune superficie d'environ 6,5 hectares, etant une portion des NID 55059018, 55020770, 55059158, 00051383, 55196430, 55196380, 55059034, 55059026 et 55059067, de zone d'espaces Iibres a zone residentielle a faible densite; d'une parcelle de terre situee au 999, chemin Sandy Point, dune superficie d'environ 3 000 metres carres, etant une portion du NID 55058952 et une portion du chemin Sandy Point, de zone d'espaces Iibres a zone residentielle de densite moyenne; d'une parcelle de terre, situee entre le chemin Sandy Point et la promenade Samuel Davis, dune superficie d'environ 13,2 hectares, etant une portion du NID 00052548, de zone residentielle a faible densite a zone d'espaces Iibres. Le conseiller Titus formule une objection relativement a des commentaires d'un conseiller au sujet de la modification propose au plan municipal, soulignant que le conseiller ne pourrait pas prendre part a ('audience publique, car i1 avait exprime des opinions avant la tenue de celle -ci. 1 a maira inrlini is ni is la nracantatinn ni ihlini is n'afaif ni i'i ma annnnra of ni is I'ai irlianra laquelle les citoyens en faveur des changements et contre ceux ceux -ci pourront se presenter devant le conseil. Le conseil pourra ensuite en arriver a une decision a la lumiere des presentations orales et ecrites. M. Nugent mentionne que quoiqu'il soit peu probable qu'on interdirait a un membre du conseil de participer au processus d'audience publique pour avoir exprime des opinions provisoires, une telle decision pourrait laisser entendre que les opinions du membre en question etaient predeterminees ou biaisees. M. Nugent recommande aux membres du conseil d'attendre la fin du processus d'audience publique avant de donner leurs opinions. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 3.0 Proposed 2011 Operation and Capital Budgets Saint John Water following resolutions: On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council adopt the 1) RESOLVED that the estimated revenue for the Water and Sewerage Utility for the year 2011 in the amount of $35,475,310 be adopted (Appendix "A 2) RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 2011 in the amount of $35,475,310 be approved (Appendix "B 3) RESOLVED that the By -Law entitled A By -Law to Amend a By -Law Respecting Water Sewerage (Appendix "C be given first and second reading; and 4) RESOLVED that the Capital Budget for 2011 in the amount of $33,770,000, as set out in the submitted 2011 schedule of projects, be approved. Deputy Mayor Chase stated that he cannot support the proposed budget due to its financial model. Responding to a question, the City Solicitor advised that under the current legislation municipalities in New Brunswick do not have the authority to utilize funds from the City's general fund towards the water and utility fund. voting nay. On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the by law entitled, "A By law to Amend a By Law Respecting Water and Sewerage" amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2011 Schedules "A" and "B be read a first time. voting nay. Question being taken, the motion was carried with Deputy Mayor Chase Question being taken, the motion was carried with Deputy Mayor Chase The by -law entitled, "A By -Law to Amend a By -Law Respecting Water and Sewerage" was read a first time. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the by law entitled, "A By law to 4 mcnrl RI/ I nun/ Rcencr4inn \A /n +cr cnrl Ccanicrnrtic" nmcnrlcrl by rcncnlinri Cncnrli'Inc Read a second time by title, the by law entitled, "A By Law to Amend a By Law Respecting Water and Sewerage." On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the City Manager and the City Solicitor be directed to investigate the feasibility of creating a deferral payment plan, or other options, for citizens who cannot afford to pay for future water utility increases. Question being taken, the motion was carried. 3.0 Budgets d'exploitation et d'immobilisations proposes pour 2011 de Saint John Water Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal adopte les resolutions suivantes 1) RESOLU que le calcul des recettes prevues relatif au service du reseau d'aqueduc et d'egouts pour I'annee 2011 au montant de 35 475 310 soit adopte (Annexe A 2) RESOLU que ('estimation des depenses relative au service du reseau d'aqueduc et d'egouts pour I'annee 2011 au montant de 35 475 310 soit adoptee (Annexe B 3) RESOLU que deux lectures de I'arrete intitule Arrete modifiant l'arrete concernant les reseaux d'eau et d'egouts (Annexe C soient faites; 4) RESOLU que le budget d'immobilisations pour 2011 au montant de 33 770 000 tel qu'il est etabli a la liste des projets presentee pour 2011, soit approuve. Le maire suppleant Chase mentionne qu'il ne peut pas appuyer le budget propose en raison du modele financier suivi. En reponse a une question, I'avocat municipal precise que la legislation actuelle ne permet pas aux municipalites du Nouveau Brunswick d'utiliser de ('argent du fonds d'administration municipal pour le fonds du reseau d'aqueduc et d'egouts. A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'arrete intitule Arrete modifiant ('Arrete concernant les reseaux d'eau et d'egouts modifie par ('abrogation des annexes A et B de ('article 44 et les remplagant par les annexes A et B pour 2011 deposees, fasse ('objet dune premiere lecture. A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. L'arrete intitule Arrete modifiant I'arrete concernant les reseaux d'eau et d'egouts fait ('objet dune premiere lecture. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que I'arrete intitule Arrete modifiant ('Arrete concernant les reseaux d'eau et d'egouts modifie par ('abrogation des annexes A et B de ('article 44 et les remplagant par les annexes A et B pour 2011 deposees, fasse ('objet dune deuxieme lecture. A I'icci is rli i vnta la nrnnncifinn act arrantaa 1 a maira ci innlaant r..haca vnta rnntra la Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le directeur general et I'avocat municipal soient charges d'examiner Ia faisabilite de creer un plan d'etalement des paiements ou d'autres options pour les citoyens qui ne sont pas en mesure de payer les augmentations de Ia facture du service d'eau. A I'issue du vote, la proposition est adoptee. 7. Proclamation 7.1 Mill Rats Day January 2, 2011 The Mayor proclaimed Sunday January 2, 2011 as Saint John Mill Rats Day. 7. Proclamation 7.1 Journee de I'equipe Mill Rats le 2 janvier 2011 Le maire declare que le dimanche 2 janvier 2011 est la journee de I'equipe Saint John Mill Rats. 8. Delegations /Presentations 8.1 Saint John Jeux Canada Games Foundation Referring to a submitted presentation, Pat Darrah, Chair of Saint John Jeux Canada Games Foundation; Richard Oland, Vice President; Darryl Wilson, Treasurer; and Joel Flynn, Secretary, outlined the following for Council: the purpose of the Jeux Canada Games Foundation the structure the process to apply for funding the criteria used to approve funding Mr. Darrah responded to queries from Council members. 8. Delegations et presentations 8.1 Jeux Canada Games Foundation de Saint John Faisant reference a une presentation soumise, Pat Darrah, president de la Jeux Canada Games Foundation de Saint John; Richard Oland, vice president; Darryl Wilson, tresorier et Joel Flynn, secretaire, font etat des points suivants au conseil But de la Jeux Canada Games Foundation Sa structure Processus de demande de financement Criteres servant a ('approbation du financement M. Darrah repond aux questions des membres du conseil. 11. Submissions by Council Members 11.1 Funding Allocation for the Acquisition of Vacant Properties On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that during Capital Budget deliberations for 2011, Council consider a funding allocation for the acquisition of vacant properties from within the current Economic Development Incentive envelope. Question being taken, the motion was carried. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que durant les deliberations du budget d'immobilisations de 2011, le conseil envisagera une allocation de fonds pour ('acquisition de lots vacants provenant de I'enveloppe d'incitatifs d'expansion economique. A ('issue du vote, la proposition est adoptee. 12. Business Matters Municipal Officers 12.0 Technical and Business Analysis Green Thermal Utility On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the proposal submitted by Compass Resource Management Limited to conduct a business and technical analysis for the development of a GTU be accepted at a cost of $179,120 plus applicable taxes. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.0 Analyse commerciale et technique Installations thermiques vertes Proposition du conseiller Titus Appuyee par le maire suppleant Chase RESOLU que, comme le recommande le directeur general, la proposition presentee par Compass Resource Management Limited en vue d'effectuer une analyse commerciale et une analyse technique pour I'amenagement d'installations thermiques vertes soit acceptee au coCit de 179 120 taxes en sus. A ('issue du vote, la proposition est adoptee. 12.1(a) City Manager: Demolition of Unsound Structures and Cleanup of Property at 32 Midwood Avenue 12.1(b) R. McGrath letter In response to a submitted letter from the appellant requesting a additional time to seek legal counsel, the City Manager recommended that Common Council grant an extension. The City Solicitor suggested that the letter requesting an extension be referred to him for a report and recommendation outlining the appropriate course of action for Council to follow. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Mr. McGrath dated December 17, 2010 be referred to the City Solicitor for a report and recommendation. Question being taken, the motion was carried. 12.1a) Directeur general demolition de constructions dangereuses et nettoyage de la propriete au 32, avenue Midwood 12.1 b) Lettre de R. McGrath En reponse a une lettre presentee par I'appelant demandant du temps supplementaire pour obtenir les services d'un avocat, le directeur general recommande que le conseil communal accorde une prolongation. L'avocat municipal propose que la lettre exigeant une prolongation lui soit envoyee pour ni i'iI nranara i in rannnrt Pt imp rarnmmanriatinn riarrivant Ia Han rl'artinn annrnnria RESOLU que la lettre de M. McGrath datee du 17 decembre 2010 soit envoyee a I'avocat municipal aux fins de preparation d'un rapport et dune recommandation. A I'issue du vote, la proposition est adoptee. 12.2 City Manager: Demolition of a Dilapidated and Structurally Unsound Building at 499 Point Road On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -406: Demolition of a Dilapidated and Structurally Unsound Building at 499 Point Road, Common Council direct one or more of the Officers appointed and designated by Council in connection with the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By -law, to arrange for the demolition of the building at 499 Point Road, Saint John, NB (PID number 285049) as well as the cleanup of the premises, in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.2 Directeur general demolition d'un batiment delabre et peu solide situe au 499, chemin Point Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 406: demolition d'un batiment delabre et peu solide situe au 499, chemin Point, le conseil communal mandate un ou plusieurs agents nommes et designes par le conseil relativement a ('application de I'Arrete concernant les batiments et structures inesthetiques ou dangereux dans The City of Saint John, en vue de demolir le batiment situe au 499, chemin Point, a Saint John, au Nouveau Brunswick (NID 285049) et de nettoyer les lieux conformement aux politiques en matiere d'approvisionnement applicables de The City of Saint John. A ('issue du vote, la proposition est adoptee. 12.3 City Manager: West Industrial System On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -420: West Industrial System, Common Council: 1) Consider a "multiple systems" approach for development of future water rates, with pricing based on "cost -of- service with sustainability 2) Authorize staff to consult and share information with Irving Pulp and Paper and NB Power Coleson Cove on a separate West Industrial System, with rates for users of that system to be based on a "cost -of- service with sustainability" rate analysis undertaken by the City of Saint John and set by Common Council through the Water and Sewerage By -Law; and 3) Direct staff to report back to Council with a recommendation to formally establish a West Industrial System for purposes of service delivery (industrial raw water), asset management and setting of user charges, if and when such a system is deemed feasible. Question being taken, the motion was carried. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 420: reseau industriel du secteur ouest, le conseil communal 1) envisage une approche a reseaux multiples pour I'etablissement des tarifs d'eau futurs ou le prix serait fonde sur le coCit du service plus Ia durabilite; 2) autorise le personnel a consulter Ia societe Irving Pulp and Paper et Ia centrale de Coleson Cove d'Energie NB sur un reseau industriel du secteur ouest separe et a echanger avec elles de ('information a ce sujet, reseau dont les tarifs d'utilisateurs reposeraient sur une analyse des tarifs entreprise par The City of Saint John basee sur le cout du service plus Ia durabilite, Iesquels seraient etablis par le conseil communal conformement a I'Arrete regissant les reseaux d'eau et d'egouts; et 3) ordonne au personnel de presenter un rapport au conseil accompagne dune recommandation visant a etablir officiellement un reseau industriel du secteur ouest dans le but d'assurer une prestation de service (eau brute industrielle), Ia gestion des biens et I'etablissement des frais d'utilisation, dans le cas ou ce reseau serait juge rentable. A ('issue du vote, la proposition est adoptee. 12.4 City Manager: Engineering Design and Construction Management: Milford Storm Sewer Separation Projects (Councillor Higgins withdrew from the meeting) On motion of Deputy Mayor Chase Seconded by Councillor Court RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -423: Engineering Design and Construction Management: Milford Storm Sewer Separation Projects, the proposal from Genivar for engineering design and construction management services for the Milford Storm Sewer Separation Projects be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. (Councillor Higgins re- entered the meeting) 12.4 Directeur general Conception technique et gestion de la construction Projets de separation des egouts pluviaux de Milford (La conseillere Higgins quitte la seance.) Proposition du maire suppleant Chase Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 423: Conception technique et gestion de la construction Projets de separation des egouts pluviaux de Milford, la proposition de Genivar pour les services de conception technique et de gestion de la construction touchant les projets de separation des egouts pluviaux de Milford soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. A ('issue du vote, la proposition est adoptee. (La conseillere Higgins se joint de nouveau a la reunion.) On motion of Councillor Titus Seconded by Councillor Court RESOLVED that: 1) The Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time five million and three hundred thousand dollars ($5,300,000) to meet current expenditures of the Corporation; 2) Any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the bank may from time to time determine; 3) The Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; 4) The Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source; 5) For the purposes of bridge financing on Capital Expenditures, that the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $25,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit; 6) Any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; and 7) Any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. voting nay. Question being taken, the motion was carried with Councillor Higgins Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que 1) le commissaire aux finances soit autorise par les presentes a emprunter de temps a autre, au nom de The City of Saint John (la Corporation), a la Banque de Nouvelle Ecosse (la Banque), au moyen de billets a ordre, une somme ou des sommes qui ne peuvent depasser, chaque fois, cinq millions trois cent mille dollars (5 300 000 afin de couvrir les depenses courantes de la Corporation; 2) deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le controleur ou les controleurs adjoints, soient autorisees par les presentes a signer au nom de la Corporation eta fournir a la Banque, de temps a autre, un ou des billets a ordre, revetus du sceau de la Corporation, pour la ou les sommes empruntees avec interets au taux que la Banque determine periodiquement; 3) le commissaire aux finances ait I'autorisation par les presentes et soit charge de fournir a Ia Banque, au moment de chaque emprunt eta tout autre moment juge opportun par Ia Banque, un releve indiquant Ia nature et le montant des recettes estimatives de I'annee courante qui n'ont pas encore ete pergues ou, si le budget n'a pas ete adopte, un releve indiquant Ia nature et le montant des recettes estimatives de Ia Corporation etablies dans le budget adopte pour I'annee precedente et faisant etat egalement du total des sommes empruntees pendant I'annee courante et les annees precedentes qui n'ont pas ete remboursees; 4) le commissaire aux finances soit, par les presentes, ordonne et autorise d'appliquer au paiement de toutes les sommes empruntees a la Banque, avec interets, les sommes pergues ou regues en acompte ou realisees a regard des taxes foncieres prelevees pour I'annee courante et pour les annees precedentes, et toutes les sommes pergues ou regues de toute autre source; 5) aux fins de financement provisoire des depenses en immobilisations, The City of Saint John puisse negocier un contrat de credit renouvelable pour le financement provisoire des depenses en immobilisations jusqu'a concurrence de 25 000 000 et que le commissaire aux finances soit autorise a emprunter a la Banque une somme allant jusqu'au maximum fixe; 6) deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le controleur ou le controleur adjoint, soient autorisees par les presentes a signer au nom de la Corporation eta fournir a la Banque, de temps a autre, un ou des billets a ordre, revetus du sceau de la Corporation, pour la ou les sommes ainsi empruntees avec interets au taux que la Banque determine periodiquement; deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le controleur ou le controleur adjoint, soient autorisees par les presentes a signer au nom de la Corporation eta fournir a la Banque une ou plusieurs conventions, revetues du sceau de la Corporation, prevoyant le remboursement a la Banque de toutes les sommes devant etre versees par la Banque au titre de chaque billet a ordre de la Corporation garanti par la Banque avec interets au taux que la Banque determine periodiquement et le paiement dune commission de garantie a regard de chaque billet a ordre au taux que la Banque determine periodiquement. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 12.6 Commissioner of Finance: Authority to Expend Funds On motion of Councillor Court Seconded by Councillor Sullivan RESOLVED that: 1) The City Manager is hereby authorized to approve expenditures not exceeding i) as required to meet the City's pre- existing or continuing obligations; ii) to boards, commissions or other organizations to which the City has pre- existing or continuing obligations or which in the Treasurer's opinion are necessary to ensure the continued fiscally prudent and efficient day to day operations of such boards, commissions or organizations; during the period concluding with Common Council's approval of the 2011 Operating and Capital Budgets. Question being taken, the motion was carried. 12.6 Commissaire aux finances Autorisation de depense de fonds Proposition du conseiller Court Appuyee par le conseiller Sullivan RESOLU que 1) le directeur general par interim soit, par les presentes, autorise a approuver les depenses ne depassant pas 25 000 lorsqu'une telle disposition existe normalement dans le budget de fonctionnement ou le budget d'immobilisations de la municipalite; 2) le tresorier soit, par les presentes, autorise a effectuer les paiements i) au besoin pour remplir les obligations anterieures ou continues de la Ville; ii) aux conseils, aux commissions ou a d'autres organisations envers lesquels la Ville a des obligations anterieures ou continues ou qui sont, selon le tresorier, necessaires pour assurer les activites quotidiennes sures et efficaces sur le plan financier de ces conseils, commissions ou organisations, pendant la periode se terminant avec ('approbation des budgets de fonctionnement et d'immobilisations 2010 par le conseil communal. A ('issue du vote, la proposition est adoptee. 12.7 City Manager: Benjamin Letter Respecting Landscaping East Point Centre On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the submitted report M &C 2010- 415: Benjamin Letter Respecting Landscaping East Point Centre, be received for information. voting nay. Question being taken, the motion was carried with Councillor Higgins 12.7 Directeur general Lettre de M. Benjamin concernant I'amenagement paysager Centre East Point Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le rapport soumis intitule M/C 2010- 415 Lettre de M. Benjamin concernant I'amenagement paysager— Centre East Point, soit accepte a titre d'information. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 12.8 City Manager: Reversing Falls Bridge Water Transmission Main On motion of Councillor Snook Seconded by Councillor McGuire Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le rapport soumis intitule M/C 2010- 417 Pont des Chutes reversibles Conduite d'eau principale, soit accepte a titre d'information. A ('issue du vote, la proposition est adoptee. 12.9 City Manager: Rockwood Park Phase II Amendment to Recreational Infrastructure Canada Letter of Offer On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Common Council approve the amendment to the Letter of Offer respecting ACOA funding for various upgrades to Rockwood Park, as submitted to Common Council at its meeting of December 20, 2010, and that the Mayor and Common Clerk be authorized to execute the said amendment. Question being taken, the motion was carried. 12.9 Directeur general Parc Rockwood, phase II Modification de la lettre d'offre d'Infrastructure de loisirs du Canada Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil communal approuve la modification de la lettre d'offre concernant le financement de I'APECA pour diverses ameliorations au parc Rockwood, telle qu'elle a ete presentee a la reunion du conseil communal du 20 decembre 2010 et que le maire et la greffiere communale soient autorises a signer ladite modification. 13. Committee Reports 13.1 Saint John Pension Board of Trustees: John Ferguson On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the report dated December 10, 2010 from the Saint John Pension Board of Trustees entitled John Ferguson, respecting a detailed breakdown of the Board's legal fees for the period of 2006 to 2009, be received for information. voting nay. A ('issue du vote, la proposition est adoptee. Question being taken, the motion was carried with Councillor Farren 13. Rapports deposes par les comites 13.1 Conseil d'administration du regime de retraite de The City of Saint John John Ferguson Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le rapport date du 10 decembre 2010 de la Commission d'administration du regime de retraite de The City of Saint John intitule John Ferguson concernant une ventilation detainee des honoraires juridiques de la Commission pour la periode de 2006 a 2009 soit accepte a titre d'information. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the proposed Minutes of Settlement between the City of Saint John and the Saint John Airport Inc. as submitted to Common Council at its open session meeting of Monday December 20, 2010, be approved and further that the Mayor and Common Clerk be authorized to execute the said Minutes of Settlement. voting nay. Question being taken, the motion was carried with Councillor Higgins 13.2 Proces- verbal du reglement entre Saint John Airport Inc. et The City of Saint John Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le proces- verbal propose du reglement entre The City of Saint John et Saint John Airport Inc., tel qu'il a ete presente a la seance publique du conseil communal du lundi 20 decembre 2010, soit approuve et en outre que le maire et la greffiere communale soient autorises a signer ledit proces- verbal du reglement. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 14. Consideration of Issues Separated from Consent Agenda (Councillor Higgins withdrew from the meeting) 14.1 Engineering Design and Construction Management Services Consumers Dr., Mountain View Dr., and Rothesay Ave Roadway Improvements On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -398: Engineering Design and Construction Management Services: Consumers Drive, Mountain View Drive and Rothesay Avenue Roadway Improvements, the engineering services agreement with Genivar for engineering design and construction management services for the Consumers Drive, Mountain View Drive and Rothesay Avenue Roadway Improvements project be increased from 83,748.25 to 146,000 as outlined in said report. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a ('approbation du conseil (La conseillere Higgins quitte la seance.) 14.1 Services de conception technique et de gestion de la construction Travaux de refection de la chaussee de la promenade Consumers, de la promenade Mountain View et de ('avenue Rothesay Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 398: Services de conception technique et de gestion de Ia construction Travaux de refection de Ia chaussee de Ia promenade Consumers, de Ia promenade Mountain View et de ('avenue Rothesay, le montant de la convention relativement aux services d'ingenierie conclue avec Genivar pour des services de conception technique et de gestion de la construction concernant les travaux de refection de la chaussee de la promenade Consumers, de la promenade Mountain View et de ('avenue Rothesay, soit augmente de 83 748,25 a 146 000 comme it est decrit dans ledit rapport. The Clerk advised that Dr. Gallant contacted her office earlier in the day requesting that his letter be withdrawn from the agenda. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Council accept Dr. Gallant's request to withdraw his letter from the agenda. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Lettre de D Gallant Demande en vue de faire une presentation devant le conseil La greffiere indique que le docteur Gallant a communique avec elle plus tot dans la journee lui demandant que sa lettre soit retiree de I'ordre du jour. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le conseil accepte la demande du docteur Gallant pour que sa lettre soit retiree de I'ordre du jour. A I'issue du vote, la proposition est adoptee. 15.2 Stanton Letter: Request to Present On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the letter from Mr. Stanton be withdrawn from the agenda. Question being taken, the motion was carried. 15.2 Lettre de M. Stanton Demande en vue de faire une presentation devant le conseil I'ordre du jour. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que la lettre de M. Stanton soit retiree de A Tissue du vote, la proposition est adoptee. 15.3 Knox Letter: Request to Present in Committee of the Whole Closed Session On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that the letter from Mr. Knox dated December 8 2010 requesting to present in Committee of the Whole closed session respecting an unsightly premises, be referred to the City Manager. Question being taken, the motion was carried. 15.3 Lettre de M. Knox Demande en vue de faire une presentation devant le comite plenier en seance privee Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que la lettre de M. Knox datee du 8 decembre 2010 demandant de se presenter devant le comite plenier en seance privee concernant un lieu inesthetique soit renvoyee au directeur general. 16. Levee de la seance The Mayor declared the meeting adjourned at 9:40 p.m. Le maire declare que la seance est levee a 21 h 40. Mayor maire Common Clerk greffiere communale REPORT TO COMMON COUNCIL M&C 2011-05 January 14, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Pipeline Crossing Agreement with Brunswick Pipeline Company Ltd./Brunswick Pipeline -Crossing KP 20 400 BACKGROUND As part of the Harbour Clean Up Project, the City will cross Brunswick Pipeline's Saint John Lateral natural gas pipeline located at KP 20 400 at Spar Cove Road. Brunswick Pipeline have reviewed the City's design drawings and have no objection to the crossing. A crossing agreement is required. Brunswick Pipeline have delivered to the City the required agreement. Staff reviewed the agreement and there are no concerns or objections. The purpose of this report is to present the agreement to Common Council for its consideration. RECOMMENDATION The City of Saint John That the City of Saint John enter into a Crossing Consent Agreement with Brunswick Pipeline Company Ltd. subject to the terms and conditions in the attached agreement, for the purposes of facilitating the construction of Sanitary Lift Station #22 as part of the Harbour Clean Up Project and that the Mayor and Common Clerk be authorized to execute the said agreement. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning Development 29 J. Patrick Woods, CGA City Manager January 13, 2011 Kendall Mason, P. Eng. Design Engineer Municipal Operations and Engineering City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4L1 SUBJECT: Project Consent Agreement for your proposed structure installations and working areas (potentially within 3m and over top) of Brunswick Pipeline (`BP') at approximate KP 20 +700. BP has reviewed the proposed Project and associated activities and will consent to it subject to submission, final approval and stamping of construction drawings. In consideration of BP consenting to the Project and associated activities, we ask that you agree to the following conditions precedent: 1. That you will comply with the general conditions for consent in Schedule "A", attached hereto; 2. That you and your contractor will construct the project strictly in the manner described in Schedule "B", attached hereto; 3 That the Project will be designed and constructed strictly in accordance with the drawings submitted and attached as Schedule "C", hereto; 4. That the Project will be completed within one (1) year of the date of this letter, otherwise this consent will terminate and a new application will be required. 5. That as per Schedule "A", Section 10, all contractors working near an exposed pipeline are required to wear appropriate PPE and fire retardant apparel. 6. That as per Schedule "A", Section 5, Applicant shall submit certificates or other evidence of such insurance to BP prior to any work commencing for the crossing/proj ect. Please print, sign and return three copies of the agreement. We will subsequently sign the copies of the agreement and will return two for your use once the final constructions drawings have been received and reviewed. Please ensure that a copy of this agreement and the approved (stamped) drawings is sent to the persons who will be performing this work and that it is available "on-site". Installation of the crossing/project can then proceed after giving a minimum of two business days advance notice to myself at (506) 462-4803/461-5681. 30 This Agreement and Schedules "A", "B" and "C" constitute the entire Agreement between BP and the Applicant and any change or alteration hereof shall be made in writing between the parties. Yours very truly, RUNSWICK PIPELINE COMPANY LTD./BRUNSWICK PIPELINE Andrew Langille, M.Sc., P.Geo. Lands, Emergency Planning Public Awareness Coordinator Read and agreed to at WITNESS: 31 this day of APPLICANT, THE CITY OF SAINT JOHN: per Mayor Common Clerk Common Council Resolution Date: In this agreement: SCHEDULE 'A' General Conditions for Project Consent (a) the term "Applicant" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contractor" means the person(s) who constructs and installs the Facility; (c) the term "Facility" refers to the works of the Applicant as described in the covering letter-agreement to this Schedule; (d) the term "Project" refers to the Project which will be contrasted within 3 meters of BP's pipeline(s) at the location described in the covering letter-agreement to this S chedule. 2. BP consents to the Project to the extent that it has the right to do so and the Applicant shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Applicant agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Applicant agrees to indemnify and save haunless BP against any claims, demands, actions, suits, proceedings, damages, injuries (including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5. In connection with Clause 4, above, Applicant, or Contractor, at its own expense shall carry and keep in full force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000.00), and; (b) Automobile Liability Insurance ("owned" and "non-owned") with an inclusive limit for bodily injury (including passengers) and property damage of One Million dollars ($1,000,000.00). Applicant shall submit certificates or other evidence of such insurance to BP prior to any work commencing for the Project. 6. Applicant agrees to personally perform the installation and construction of the Facility or else to closely supervise its installation and construction by a duly 32 7. The Applicant shall pay forthwith upon presentation of an invoice by BP, all reasonable costs incurred by BP for: qualified contractor(s) and to ensure that said contractor(s) complies with all terms and conditions of this agreement. (a) Review, approval and inspection of the Project; (b) Reinforcing, modifying or relocating BP's pipeline(s) to accommodate the installation of Applicant's Project or the maintenance and repair of its Facility; (c) Any reasonable incremental costs inured by BP in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Project. The terms and conditions of this consent shall apply to the construction and installation of the Project and any future maintenance work that may be required. 9. This consent is for the Facility shown in Schedule `C' only and any additional works or facilities proposed by the Applicant shall be the subject of a separate agreement. 10. Applicant hereby agrees and acknowledges that its rights in the Project are subordinate to the easement agreement(s) of BP that have been registered or obtained prior to this date and Applicant shall cooperate with all reasonable requests made by BP related to the operation, maintenance and repair of BP's pipeline(s) within the easement(s), in particular the use ofNomex or fire retardant equivalent apparel. 11. In the case of default by the Applicant to carry out any of the provisions of this agreement or if the condition of Applicant's Facility has deteriorated and adversely affects the operation of BP's pipeline(s), BP may give written notice thereof If the Applicant fails to take all reasonable steps to remedy the default or the deterioration of the Facility within fifteen (15) days after receipt of the written notice by BP, BP may take such steps necessary to remedy the default or deterioration and Applicant shall be liable for and shall pay forthwith all reasonable costs incurred by BP in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter- agreement and shall be deemed to be received on the fifth (5 day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Project is situate. 14. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other party. 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: 33 (a) two (2) years from the date hereof if the Applicant has not completed the construction and installation of the Facility and restoration of the lands affected by the Project; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to BP and the owner of the property where the Project is situate. 16. If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in full force and effect. 34 SCHEDULE 'IV Excavation and Operation of Jieavv Equipment 17. The following conditions shall apply whenever any construction activities shall require the need for the operation of equipment or excavation near BP's Pipeline(s). (a) To protect exposed BP Pipeline(s) from damage during the proposed work, BP's on-site inspector may require the Applicant to install certain safety precautions before beginning construction. (b) To avoid possible damage to BP's Pipeline(s) while excavating, the Pipeline(s) shall be supported adequately, as directed by BP's on-site inspector. (c) To avoid possible damage to BP's Pipeline(s), heavy equipment shall be restricted to crossing within the travelled portion of the easement unless other crossing locations are approved by BP's on-site inspector. (d) Applicant shall provide at least three (3) business days' advance notice prior to commencing any excavation near BP's Pipeline(s). General Conditions for Crossings of the Pipeline by Highways, Private Roads, Railways and Utilities 18. The following general conditions shall apply to Crossings of BP's Pipeline(s) by a highway, private road, railway or utility: (a) In the case of a crossing of BP's Pipeline(s) by a highway, private road, railway or utility the Crossing shall, except as otherwise provided herein, conform to the respective specifications and requirements of the current Canadian Standards Association Code CAN/CSA Z662 99 for Gas Pipeline Systems and if the facility will result in the Maritimes Pipeline not conforming, the Crossing may be made only if the BP's Pipeline(s) is reconstructed to conform to such requirements, the cost of which shall be borne and paid for by the Applicant. (b) The Applicant shall pay all costs to ensure BP's Pipeline(s) shall, in all cases, be of sufficient strength to withstand all stresses and strains resulting from the Crossing. (c) The Crossing shall be constructed so as to cross BP's Pipeline(s) at an angle as close as practicable to ninety (90) degrees but not less than forty-five (45) degrees. (d) Parallel easements shall not encroach on the BP's Pipeline(s) easement without the prior written consent of BP and the owner of the lands being crossed. 19. At any crossing of BP's Pipeline(s), except crossings by overhead telephone, telegraph or power lines, BP's Pipeline(s) and the Facility shall be identified by suitable markers. 35 20. A buried utility shall cross under BP's Pipeline(s) unless otherwise approved by BP. A clearance of not less than 0.3m shall be maintained at the point of crossing between the utility and BP's Pipeline(s) and all other underground structures. In all circumstances, minimum clearances as stipulated in the current edition of Canadian Standards Association CAN/CSA-Z662-99 "Gas Pipeline Systems" shall be complied with. Underground utility crossings shall also be subject to the following design constraints: (a) Utilities must be installed at a level grade across the entire width of BP's Pipeline easement with the exception of gravity dependent structures. In such cases, the minimum clearances which are specified between the utility and BP's Pipeline(s) crossed must be maintained. (b) In the case of any Applicant's buried pipelines, no joints may be made over or under any BP Pipeline(s). (c) If Applicant's pipeline(s) will operate under pressure, it/they shall be pre-tested to at least the required test pressure prior to its installation across BP's Pipeline easement. (d) If the case of buried power cables, the Applicant shall install a 75mm thick concrete slab, or suitable equivalent, approved by BP, placed 300mm above the utility service installation, the full width of BP's Pipeline easement. There shall be a minimum separation of 300mm between the top of the concrete slab and the bottom of BP's Pipeline(s). This separation shall be maintained over the entire width of the BP Pipeline easement(s). The concrete slab should be un-reinforced red dye concrete. The utility shall be permanently identified with "caution" tape on top of the concrete slab. (e) In the case of buried cables, no joints, splices or other connections shall be made within the BP Pipeline easement. (f) The method of installation of all utilities crossing BP's Pipeline(s) below ground level must be specified in the Applicant's submission to BP. 21. A public highway, logging road or private road shall be constructed so that the traveled surface thereof shall be not less than 1.5m above the top of BP's Pipeline(s) or the casing pipe, where required. The bottom of the ditches shall be not less than 1.2m above the top of BP's Pipeline(s) or casing pipe. Railway Crossing Requirements 22. The following conditions apply to the crossings of BP's Pipeline(s) by railways and shall supplement or supersede the conditions detailed in Section 2, 3, 4 and 5. 36 (a) Where BP specifications stipulate, BP's Pipeline(s) shall be encased in a metal casing pipe, to be installed by BP, the cost of which shall be borne and paid for by the Applicant. (b) Railway crossings shall be constructed to allow the following minimum clearances: (i) One point seven (1.7) meters between the top of BP's Pipeline(s) or casing pipe and the base of the rail for a distance of at least 8.0m from the centerline of the outeimost track. (ii) One point two (1.2) meters between the top of BP's Pipeline(s) or casing pipe and the bottom of the railway right-of-way ditch and/or natural ground surface. Overhead Crossine Requirements 23. The following conditions apply to the crossing of BP's Pipeline(s) by overhead telephone, telegraph, telecommunication and electrical power lines: (a) Prior to construction, the Applicant shall determine if electrical interference between the Applicant's facilities and BP's Pipeline(s) will occur. If so, the Applicant shall be responsible for providing mitigation design to a level of 15 volts A.C. Steady State; generally in accordance with CSA Standard C22.3 No 6M-1987 (or update), "Principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines". (b) The vertical distance between the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical Code Part III (CSA Standard C22.3, "Overhead Systems and Underground Systems"). (c) The poles, pylons, towers, guys, anchors and any other supports of an overhead line shall be located outside the M&NP Pipeline easement and not within ten (10) meters of any BP Pipeline appurtenance. (d) The Applicant, for an overhead line shall, where directed by BP, install aerial warning devices for the protection of BP personnel and equipment conducting aerial patrols. Blastine Requirements 24. Prior written approval is required from BP if construction of the Facility requires the use of explosives. The Contractor shall comply with all applicable government laws, regulations and orders concerning the use, storage and transportation of explosives, including, but not limited to, the Canadian Explosives Act. The Applicant shall comply with the safety requirements of BP. 25. The following conditions shall apply whenever any construction activities shall require the need for blasting when working within thirty (30) meters of BP's Pipeline(s): 37 (a) The effects of blasting shall be controlled. (b) All blasting plans must be fully evaluated by BP. (c) A leakage survey of the designated area shall be performed prior to and after blasting by the BP inspector to determine the effect of such operations, the cost of which shall be borne and paid for by the Applicant. Cathodic Protection Requirements 26. Applicant agrees to install, at its cost, all cathodic protection facilities deemed necessary by BP to protect BP's Pipeline(s) or otherwise reimburse BP for the cost of such facilities and installation. 38 PROPOSED DIETING F— F O B c Atte 4 z LEGEND Mle u tKre Ptirl Mete I29A4 aarua..b, w,m,we±a NS ORR POOFDNATEsc E%TE DON s ONSENS OF TOONOATIONINALLS POINT FASTING NONTHAHG 7.1.4107 raurn PLANTING LEGEND SEWS. 1 STS I @MTFl6WM. NENE D w (',AM.. NANE 1� SIZE stiymmuf tam,. B RIDGE STREET NOTES_ zame7 RELEASED FOR CONSTRUCTION sue..... Imo. 7.4-31 c, A IIIEL Fr sda,...I A ACI. EP xa x.rma CITY GI PRWEGTT.iLE SPAR OWE ROAD W ASTEWATER PUµWNG STATION DRAWING TILE APPROVAL Pyxi ea.wv I tw =9 3 -2 Flofteca MUNICIPAL OPERATIONS ENGINEERING SITE PLAN itm.aen 20I0-24 Name NOTE: RELEASED FOR CONSTRUCTION ,>eig 170.5 A isokIl4' m.eamNe,raff ae 4U PRa cT TIRE SPAR COVE ROAD WASTEWATER ALAWYNa STATION DRAWN iTIRE EXCAVATION PLAN MUNICIPAL OPERATIONS 8 ENGINEERING r:a■ 72 v .s..ro .gw.e. crn^ 2.5 I 5171491 AEG tora..60A4 tn.... rf.nrearnammr AVIR SECTION SECT/ON Afrmilms rout PAYIrrrozwa...€ traffanirre. MK:Avow.. rrarr,......,4rerE NOTE' F.r1 (.10tra GEOTFCHNrAl NOTE,S. 0.0.4....W A-rearrarix=marrrar.rA a arm Prgarbsterert Idolowarixt....reresurrucasrrrEer AINSUAM rffirirartArrorri So Dee I RELEASED FOR CONSTRUCTION Ctrrarroleal. Kra/ it.164.70. A gas UGU rErgrearn.r,ns41,0,AvarAres MUNICIPAL OPERATIONS ENGNEERING PRE.ECTT4LE. OPAPPRS TAP SPAR COVE MAE WASTEWATER PUMPING STAMM EXCAVATION DETAILS APPROTAL O1O-' 'Ps dm. PET 22 2019 REPORT TO CO a 0 M &C2011 -14 January 13, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: BACKGROUND PURPOSE ANALYSIS 42 C C NCI the Ckyr c +f Saint pith SUBJECT: Engineering Design: Site Specific Preliminary Design of the Saint John Drinking Water Treatment Plant R.V. Anderson Associates Limited was hired by the city to carry out the preliminary design of the plants, and that assignment was completed for the two plant sites at Phinney Hill and Spruce Lake. The Value Engineering program recommended a single plant located at a site closer to the city center. Subsequent work by another consultant was completed to analyze and select the best site. Council approved the selection of the site adjacent to the Little River Reservoir. The approved 2011 Utility Fund Capital Program includes a project in the Safe, Clean Drinking Water category for engineering work related to the water treatment plant, with a budget of $450,000. The purpose of this report is to make a recommendation for the preliminary engineering design services to complete the following: Site surveys and preliminary investigation; Preliminary design, cost estimates and updated report; Additional geotechnical investigation of the new site Revise all chapters of the previous report to accommodate all the value engineering recommendations including the new site location; Updated drawings and architectural renderings. Given the previous involvement of R.V. Anderson, it was advantageous to the City and cost effective to engage this firm to update their previous report entitled "Preliminary Design of the Eastern and Western Potable Water Treatment Facilities" dated November 12, 2008. M &C2011 -14 January 13, 2011 Page 2 This updated report is a necessary prerequisite to the later call for proposals to engage an engineering design consultant to prepare the detailed design drawings and specifications. This updated report is expected to be completed by mid 2011. On December 1, 2010, a proposal for consulting engineering services was requested from R.V. Anderson Associates Limited. In response, R.V. Anderson Associates Limited submitted a proposal on December 16, 2010 and a letter of clarification on January 12, 2011. The Review Committee that completed an analysis of the submission included the following: William Hargrave, P.Eng. Consultant Drinking Water Advisor Dean Price, P. Eng. Municipal Engineer Brent McGovern, P. Eng. Deputy Commissioner Saint John Water Each member completed an independent review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with R.V. Anderson Associates Limited and settled on an acceptable consultant's fee to submit to Council for approval. The submission from R.V. Anderson Associates Limited met all of the requirements of the request for proposal, in a manner acceptable to the Committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from R.V. Anderson Associates Limited to provide the professional services is $91,500 with the HST extra. An amount of $450,000 was included in the 2011 Utility Fund Capital Program, Safe, Clean Drinking Water category. RECOMMENDATION It is recommended that the proposal from R.V. Anderson Associates Limited for the engineering services related to the site specific Preliminary Design of the Saint John Drinking Water Treatment Plant at the Little River Reservoir site be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations Engineering 43 J. Patrick Woods, CGA City Manager RM. A Assoc erso tes Limite engineering environment infrastructure 860 Main Street Suite 801 Moncton New Brunswick E IC 1G2 Canada Tel 506 857 8525 Fax 506 858 5972 www.rvanderson corn January 12, 2011 RVA 071328 City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Re: Site Specific Preliminary Design of the Saint John Potable Water Treatment Updated Proposal Revised R.V.Anderson Associates Limited were contacted on December 1, 2010 and asked to submit a proposal to the City to update the Second Draft Report (dated November 2009), based on the final plant site, and other changes to the project since the time of the draft report. The scope of work was also to include a geotechnical investigation, surveying of the proposed site, and technical assistance, for a separate contract, for the completion of an EIA registration application to the Province of New Brunswick The purpose of this letter is to provide a proposed scope of work and budget to update the Second Draft Report (dated November 2009) to the site specific location chosen by the City. Scope of Work: The following is a listing of the work that would be performed: The existing topography for the site would be completely "ground truthed" including 6 days of field survey work including the pickup of borehole locations. From our original proposal, two (2) additional days of topographical surveying has been allowed for surveying the pipe corridor from Loch Lomond Road to the Proposed WTP site. Geotechnical investigation of the proposed Site 1 in addition to the 3 existing boreholes carried out this year. Five (5) additional boreholes will be drilled to better understand the site's geology. The boreholes will be completed in general areas where the plant may be constructed, water storage built, lagoons constructed, and watermains constructed adjacent to the Little River Reservoir. This is in addition to our original proposal A new cover letter would be prepared for the new report. Chapter 1 Introduction would be updated. Chapter 2 Present and Future Flows would be updated with the finding of the Value Engineering session, identifying a design flow of 100 Mild. Portions of the 44 2 chapter that are no longer relevant would be removed. Chapter 3 Review of Alternative Sites and Hydraulics would be greatly simplified, to reference the work of the VE session and the new CBCL Siteing report. Chapter 4 Alternative Energy Sources and Energy Savings/Sustainability Opportunities could be left as is, or could be simplified to contain only those features of the plant that the City would wish to include in the final design. This can be discussed at the start-up meeting. Chapter 5 Water Characterization, Treatment Objectives and Treatment Recommendations would be reviewed and updated. Chapter 6 Phased Treatment Approach could be left as is, or deleted. This can be discussed at the start-up meeting. Chapter 7 Conceptual Design Options and Life Cycle Costs will be reworked to eliminate the discussion of the Spruce Lake Plant. All discussions regarding the Latimer Lake Plant will be reviewed and update on the basis of the proposed plant site. The "Clearwell/Distribution Storage" will be updated based on newly established distribution storage requirements selected by the City. The "Residue Management" and "Final Sludge Disposal" items will also be updated on the basis of the new site, as well as information contained in the new Siting Report. Chapter 8 Predesign. This will be where the majority of the changes will be made. The Spruce Lake WTP discussion will be deleted. The gas vs. sodium hypochlorite discussion will be updated based on the VE recommendations, and the Latimer Lake WTP Predesign discussions updated for the new site. Design calculations contained in the appendix will be re-worked for the new plant size and location. The Basis of Design Table will be updated. Spruce Lake Drawings will be deleted, and a new set of conceptual drawings, based on the Latimer Lake WTP drawings will be prepared for the new site. Chapter 9 Capital and Operating Costs of Recommended Options will be updated, based on the new plant size and location. Chapter 10 Project Delivery Options. Given the additional work completed on this topic by the VE Session, it is recommended that this chapter be deleted. Chapter 11 Pilot Testing Alternative. This chapter can be deleted, or updated to contain recommendations regarding pilot testing, should alternative design-built options be allowed. Chapter 12 Next Steps this chapter can be updated with new information or deleted. Appendices It is recommended that only appendices that support the Preliminary Design on the new site be retained, and that appendices that are no longer directly relevant be deleted, to simplify the overall report. This can be discussed further at the start-up meeting. 45 3 Work Plan: The tasks in the proposed work plan are as follows: Task 1 Start-up Meeting: The purpose of the meeting would be to review the scope of work, discuss updates to the Preliminary Design that the City would with to include in final Preliminary Design Report, data collection from the City on the water distribution system and demand, and to set the timing for the surveying and geotechnical investigations. Task 2 Prepare a Draft of the Final Preliminary Design Report: This task would contain the bulk of the work, in accordance with the scope of work listed above. The draft report would be submitted to the City for review. Some key interim submissions may be made to the City, and conference calls held to discuss items as necessary through the update process. Task 3 Workshop to Review Updated Report: A full-day workshop would be held to go over the draft, and receive comments. Task 4 Report Finalization: The final report would be prepared and submitted in hard copy and CD format. To prepare this proposal a number of assumptions were made as follows: In preparation of the proposal we have assumed that the water mains which will feed the proposed WTP would come off of Loch Lomond Road. O The final report for the water distribution system will be completed by February 28, 2011. The costs and time involved to complete the EIA registration process is largely dependant on the initial registration document and the number of iterations the Provincial Technical Review Committee (TRC) has with the project to allow them to make a recommendation to the Minister. If Federal regulators are involved through CEAA the process can be greatly extended. In order to establish a budget for EIA technical assistance we have assumed that our final report would be used as the basis of submission by the EIA Team. We have also made allowance for a one day meeting to provide technical assistance to the EIA team for a review of the report. Assistance beyond the initial report and meeting with the City would be charged at an agreed amount with the City prior to work being completed. 46 Schedule: The target would be to complete the project within 6 months after approval to proceed with the work by the City. The completion schedule could be adjusted somewhat to meet any specific City requirements. It is understood that the EIA process can be lengthy and technical assistance may be required beyond 2011. Engineering Fees: Our original engineering fees proposal was for $50,000 including disbursements, excluding HST, and was based on the work being completed in 2010. With the request from the City for the addition of a number of items, the engineering fees have been modified to reflect the following: Revised 2011 engineering fee proposal $57,000 Additional surveying along pipe corridor $4,500 Geotechnical Investigation (5 boreholes and report) $30.000 $91,500 +HST Upon approval to proceed from the City, we will schedule a meeting ASAP. The fees identified above would be an extension of our original WTP Pre-design contract with the City. For your information we are also using the same sub-consultants who are familiar with the proposed site and the importance of the project to the City of Saint John. Please contact the undersigned with any questions. Yours Truly, R.V. Ander n ociates Lmied i hn Gallant, P.Eng. oject Manager 4 47 Your Worship and Councillors, I wish to congratulate and commend ail involved in the beautification of our central uptown core street .|nnummmrthehangingbaykats, fiower beds and pots on the streets and in King's Square are magnificent. The Christmas iights too are lovely. |hope that you wili convey praise to the department concerned right down to the individual workers who always seem cheerful and interested in performing at their best. The managers deserve praise for making such lovely streetscapes on what I assume is a restrictive budget and, of course, take a bow yourselves for providing in the budget. The policy of beautification is a thoroughly worthwhile one in that it lifts the spirits of resident and visitor alike. A job well done. Thank you. Christopher Waldschutz uptown resident. 48 221 Germain St., Saint John. N.B. EZLZ55 Canada (506) 642-6424 13 January, 2010. E CRT M &C2011 -12 January 13, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: PURPOSE BACKGROUND C 0 49 Co NCI1 SUBJECT: Design and Construction Management: Spar Cove Road Wastewater Pumping Station The Chyr of :Saint fro l n, The purpose of this report is to update Council on the status of the Spar Cove Road Wastewater Pumping Station project. On June 6, 2002 (M &C 2002 -201), Council approved the engagement of ADI Limited to provide design and construction management services for the above noted project. The consultant's fee for design and construction management of the Spar Cove Road Wastewater Pumping Station at that time was $460,000 including HST. ADI Limited completed the design drawings and tender documents for the Spar Cove Road Wastewater Pumping Station in 2003. This project was never tendered as the City did not have a funding agreement with the other levels of government for cost sharing. In 2008 the Spar Cove Road Wastewater Pumping Station project was resurrected as part of the Harbour Clean -Up Program. The design drawings and specifications for the Spar Cove Road Wastewater Pumping Station were originally completed in 2003 and the designers needed to update the documents to meet the 2008 City of Saint John General Specifications, National Building Code and other national standards. On June 23, 2008 (M &C 2008 -160), Council approved a recommendation that the engineering services agreement with ADI Limited for engineering design and construction management of the Spar Cove Road Wastewater Pumping Station project be increased from $460,000 to $620,320.50. M &C2011 -12 January 13, 2011 Page 2 ANALYSIS Spar Cove Road Wastewater Pumping Station was originally tendered in 2009 as a wet well dry well wastewater pumping station with one accepted bid of $4,996,905.20. Council adopted the recommendation (M &C 2009 -248) that Contract 2009 -12: Spar Cove Road Wastewater Pumping Station not be awarded and that the work be deferred until 2011 or 2012. A Value Engineering Workshop for the Wastewater Collection System followed in August 2009 with a resulting recommendation that the Spar Cove Road Wastewater Pumping Station be redesigned as a submersible station. The upset fee from ADI Limited to redesign the Spar Cove Road Wastewater Pumping Station as a submersible station, update the design drawings and specifications and provide tender period services is $178,500.00 including HST. FINANCIAL IMPLICATIONS The consultant's approved upset fee of $620,320.50, (not including the City's eligible HST rebate) was derived from the 2008 Spar Cove Road Wastewater Pumping Station project scope. The increased scope has required the consultant to perform additional work over an extended period of time. The final cost for design and construction management services for this project is expected to be $798,820.50. There is adequate funding within the project budgets to cover this additional cost. RECOMMENDATION It is recommended that the engineering services agreement with ADI Limited for engineering design and construction management of the Spar Cove Road Wastewater Pumping Station project be increased from $620,320.50 to $798,820.50 as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations Engineering J. Patrick Woods, CGA City Manager 50 RE RT M &C2011 -01 January 7, 2011 T ON C His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: 2011 NBCC Public Works Training Agreement BACKGROUND Municipal Operations (General Fund) provides a series of essential public facing services: roadway and sidewalk maintenance (including winter operations), pedestrian and traffic management, stormwater management and solid waste management. Structured training is integral to improving and maintaining the quality of these services by ensuring that personnel are skilled, knowledgeable and capable of carrying out their responsibilities to the highest standards. Since 2001, the City has been working with NBCC Saint John in the development and delivery of training programs. ANALYSIS The City of Saint John enters into an annual Training Sales Agreement with NBCC to provide training to operational personnel. FINANCIAL IMPLICATIONS The 2011 Training Sales Agreement amounts to a total of $38,317.91. RECOMMENDATION It is recommended that Common Council approve the Training Sales Agreement with the New Brunswick Community College in the form as attached to M &C 2011 -01 and that the Mayor and Common Clerk be authorized to execute the said Agreement. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations Engineering QUALITY PUBLIC SERVICES 51 J. Patrick Woods, CGA City Manager The City of';S4 plod n New Brunswick Community College CoIk ge communautaire du Nouveau-Brunswick Campus Saint John N N81 Training Sales Agreement Agreement entered into this 17 day of November 2010. BETWEEN Her Majesty the Queen in Right of the Province of New Brunswick represented by the Minister responsible for post- secondary education and training (hereinafter called "the Minister of the first part; AND City of Saint John P.O. Box 1971, Saint John, NB E2L 4L1 Attn: Stephanie Walsh, Human Resources (Name, address and telephone number of the "Purchaser hereinafter called the "Purchaser of the second part. WHEREAS the Minister is responsible for the provision of post- secondary, non university education in New Brunswick; AND WHEREAS the Minister is empowered, under the authority of the Adult Education and Training Act, to establish and operate post- secondary training institutions; AND WHEREAS the Minister has established two (2) New Brunswick Community College College communautaire du Nouveau Brunswick training institutions (hereinafter called "NBCC OR "CCNB AND WHEREAS the Minister has further established campuses under the operation of each of NBCC and CCNB, one of these campuses being party to this agreement; AND WHEREAS the parties have agreed that the training courses hereinafter referred to shall be conducted under the direction of the training institution relevant to this agreement; NOW THIS AGREEMENT WITNESSETH: 1. The aforementioned Campus of shall provide training as follows: Program Title: (if applicable): City of SJ Outside workers 2011 Course(s) Title Course(s) code Language of instruction: English Number of trainees: 6 Instructor's name: Michael Grant Training dates: January 5 April 27" 2011 Schedule (days): Wednesdays Hours: From: 8:00 To: 4:00 Specific course objectives or general program objective: As per schedule "A" hereto attached Revised: 20 07 (05 (�2 Page 1 of 3 52 2. Costs: Development cost: Training cost: Total cost: $38,317.91 $38,317.91 Total cost of training shall be paid for in one payment or accordance with the following schedule of payments, within 30 days of receipt of an invoice from the Minister. Otherwise, it can be paid for based on an agreement between the Purchaser and the Campus. All payments are to be made in the name of the Minister of Finance. Payment 1 Date due: March 31 2011 Amount: $24.114.67 Payment 2 Date due: April 27 2011 Amount: $7.816.92 3. The training may be canceled, by notice in writing or fax, by either party without cost, at any time prior to 2:00 P.M. on class start date. 4. When a trainee, in the opinion of the Minister in consultation with the purchaser, is not progressing satisfactorily, or is otherwise determined to be undesirable, the trainee shall be withdrawn from the course. 5. The Minister shall provide administrative and instructional staff, facilities, materials and tests needed to conduct the course, except for: 6. The purchaser agrees, in consideration of being awarded this contract, to indemnify and save harmless the Minister and the Province of New Brunswick including its agents, employees, civil servants and officials, from and against any claims for damage or injury that may be caused or sustained by a trainee during the period of training, exceptina anv such claims arisina from the nealiaence of the Minister or the Province of N.B. includina its agents, employees, civil servants and officials, and the purchaser shall provide all trainees with workers compensation coverage. 7. All equipment purchased by the Minister for the purpose of this agreement shall remain the property of the Minister. 8. Both parties may amend this agreement upon mutual consent in writing. Revised: 2007 05 (02 Page 2 of 3 53 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Minister's Representative Signature (Print in block letters) Minister's Representative Minister's Witness Signature (Print in block letters) Minister's Witness Purchaser's Representative Signature (Print in block letters) Purchaser's Representative Purchaser's Witness Signature (Print in block letters) Purchaser's Witness Prepared by Campus de /d' Saint John Campus Training Sales Agreement CSP N N81 Date 17 November 2010 William B. Stroud Name of the Department Head (Print or type) Signature of the Department Head SCHEDULE A Specific Course Objectives Program Objectives M C 2011 -06 January 14, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: HARBOUR CLEAN -UP LIFT STATION 23 Stop Up and Close Portion of Main Street Design engineering has determined that the proper location for Harbour Clean -Up sewer lift station #23 is on a portion of Main St situated between Bridge St and the Saint John River; and located adjacent to the site of a monument (also within the street right of way) ancillary to the recently renovated Robertson Square Park. The attached Crandall Engineering drawing No. 0924 -1 LS #23 dated December 13, 2010 illustrates the layout. The City's Municipal Operations and Leisure Services departments have discussed this proposed lift station location, and both departments support both the proposed location and layout. In order to properly accommodate both the existing monument and the proposed lift station, this portion of Main St between Bridge St and the Saint John River should be stopped up and closed. Staff are therefore seeking Common Council's consent to initiate the stop -up and closing of this portion of Main St so that Lift Station #23 may be comfortably constructed within the 2011 construction season. 56 RECOMMENDATION: 1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 791 square metre portion of a public street known as Main Street, be set for Monday February 14, 2011 7:00 p.m. in the Council Chamber, and, That Common Council authorize the publishing of a notice of the intention to consider passing of such By -Law. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Phi° p attachments 57 Main Street 90412 r72 003 00773761 0■37313n 00373876 00373860 00378570 Mk 00 37850 00373804 00374728 00378997 00374710 003740°3 u43746G0 00378554 00379744 0037 58 0 °37930 5 IIO3738.37 003739'2A 047'73811 "uscr► ption of plan: Main N Street at Robertson PIO: NIA Square Park arty r'AN �!A I Date, .3anuary 07, 2011 00377078 5'a159F93 55 1 59 7 55 1tl0376 OPEN SESSION M &C2011 -11 January 13, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: BACKGROUND 59 SUBJECT Request to Present Preliminary report of Business and Technical Analysis for the Green Thermal Utility At the December 20, 2010 meeting, Common Council approved the hiring of Compass Resource Management Limited to conduct a business and technical analysis for the development of the Green Thermal Utility (GTU). Council was advised that the consultant will provide a preliminary report and presentation to Common Council in late February or early March 2011, with the final report completed by June 2011. The preliminary report will provide a clear understanding of the financial viability of the project and it will help Common Council to decide whether or not to proceed with the development of the GTU and the installation of the GTU pipes along Union Street this spring /summer. The project is underway and staff has confirmed with Compass Resource Management that they will be in a position to present the preliminary report to Council at the end of February; therefore, staff would like to request the opportunity for Compass Resource Management Limited to present to Common Council on Monday, February 28, 2011. City of Saint John M C 2011 11 RECOMMENDATION Your City Manager recommends that Common Council direct the Clerk to schedule a presentation with Compass Resource Management Limited on February 28, 2011 concerning the preliminary business and technical analysis for the Green Thermal Utility. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services William Edwards, P. Eng. Commissioner Patrick Woods, CGA City Manager 2 January 13, 2011 muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu1i1 Provincial Affiliations m.o Federation of Labour CL.0 New Brunswick Police Association Mayor Ivan Court and Common Council City of Saint John Dear Elected Representatives: -Pension Plan: Yours truly,, J Hachey President, Saint John Police Association Saint John Police Association "The World's Oldest Poli TiOn' po Box 24n Saint John N B Canada E21_, 3V9 January 4, 2011 Further to the denial of our two requests to appea before Council wth our Actuarial Consultant so that we may discuss various unexplored pension change options, we herein notify the plan sponsor that the Saint John Police Association agrees to the City of Saint John proposed pension changes as follows: -Regulations: Actuarial deticit aniortized over 25 years Payment obligations deferred to the foliowing budget year Solvency valuation conducted every 3 years The indexing of post 2010 pensionable service will be suspended for active employees The final average salary used for pension calculation purposes will change from the best 3 consecutive years ofemployment to the best 5 consecutive years ofernp]oyment with respectto pensionable service from January 1, 2011 Employee contributions equal 9% New hires retirement at age 60 Our agreemen to these pension concessions proposed by the City of Saint John exhausts the legal authority between the plan sponsor (City ofSaint John) and inembers ofthe Saint John Police Association, As you know the employer of the members of the Saint Police Eorce is the Board ofPolice Commissioners as created by the City ofSaint John. Therefore any discussions on rnatters covered by our Collective Agreement induding*xgcoundheuefits are the exclusive jurisdiction of the Saint John Board of Police Commissioners, Presently active negotiations are ongoing between the Saint John Police Association and the Saint John Board of Police Commissioners, bnc|udbognmges/bcuefito and will only be resolved when a total renewed Collective Agreernent is reached, Similar to when we increased our pension contributions by 2% in 2007. the above pension concessions agreed to by our rnembers again shows our commitment to the Pension Plan stakeholders. In closing, the City of Saint Joh pension changes that our mernbers have agreed to allow us to move forward together acknowledging the inter mxofmy|pxmies&usmmdbyCouodlwchuv*Cousu|md.Co- operated and Consented in arriving at our agreement with the pension concessions proposed by the City of Saint John, Thank you for your appreciation of our members concerns regarding ihe pension concessions that reduce their pension benefits. 61 BACKGROUND: RECOMMENDATION: Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager MR Project No 11.1 -436 62 M C 2011 15 January 14, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 991 Fairville Boulevard The applicant has submitted the attached request that the Public Hearing be postponed until they can complete discussions regarding access to the property. Staff will continue to work with the applicant regarding the proposal and will advise regarding a date for the rescheduled Public Hearing. Information regarding the applicant's request will be forwarded to the Planning Advisory Committee at their meeting of Tuesday January 18, 2011. That the January 31, 2011 Public Hearing for the rezoning application of Apple Properties Ltd. at 991 Fairville Boulevard be cancelled. On January 4, 2011, Common Council scheduled the public hearing for the rezoning application at 991 Fairville Boulevard for Monday, January 31, 2011 at 7:00 p.m. and referred the application to the Planning Advisory Committee for report and recommendation. A rezoning from "I -4" Heavy Industrial Park to "SC- 2" Shopping Centre was requested by the applicant to permit the construction of a shopping centre. City of Saint John Reade, Mark From: John Coffin [john.coffin @storagepartners.ca] Sent: January 14, 2011 11:18 AM To: commonclerk @stjohn.ca Cc: Reade, Mark Subject: ATCAN Application Please be advised that we are requesting that our application be postponed until we can complete discussions with the neighboring property owner, Plaza Corp, over cross access agreements. John John D. Coffin Apple Properties Limited PO Box 424 New Glasgow, NS B2H 5E5 Phone Number 902 759 -4767 1 63 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 215 immediately after Section 214 thereof, as follows: The City of Saint John does hereby stop up and close permanently the following portion of highway: Harding Street West: All that portion of Harding Street West, a public street in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, comprising 2,108 square metres (22,691 square feet) more or less as shown on a Plan of Survey CAD No. S07018 -612 prepared by Genivar, surveyed by Andrew K. Toole, New Brunswick Land Surveyor, dated November 29, 2010. 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. 2011 and signed by: First Reading January 4, 2011 Second Reading January 4, 2011 Third Reading Mayor/Maire Common Clerk/Greffiere communale 64 ARRETE N M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a (Mcrae ce qui suit 1 Par les presentes, l'arrete de The City of Saint John intitule, L'arrete sur ]'interruption de Ia circulation et la fermeture des routes dans The City of Saint John decrete le 19 decembre 2005, est modifie par I'ajout de Particle 215 immediatement apres Particle 214, comme suit Par les presentes, The City of Saint John barre et ferme de fawn pennanente Ia portion d'une route suivante Rue Harding Ouest Tout le tronron de la rue Harding Ouest, une rue publique situ& dans The City of Saint John, dans le comte de Saint John et dans la province du Nouveau Brunswick, d'une superficie d'environ 2 108 m (22 691 pieds caries) et delimit& sur un plan d'arpentage (conception assist& par ordinateur n° 507018 -612) prepare par Genivar, arpente par Andrew K. Toole, arpenteur pour la province du Nouveau Brunswick, et date le 29 novembre 2010. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete 2011, avec les signatures suivantes Premiere lecture le 4 janvier 2011 Deuxieme lecture le 4 janvier 2011 Troisieme lecture �1 5 Z i 41 h 1 Lg I r 1 y n,. Q A r a lbw; I d t/b te j ftvi of J \is, 4 /9 The City of Saint John SAINT JOHN January 17, 2011 Your Worship, Deputy Mayor And FelIow Councillors Motion: To direc the City Manager to have staff investigate the possibilty of select cutting of wood on City-owned property and use these funds to purchase trees for repIantng in and around the City. As you know, the City has a Iarge amount of property that has Iarge mature wood on it, that in many cases is failing down because of its age. 1 would like to see if this wood could be harvested in a very select manner and the funds from the harvesting of this wood be used to offset the cost of the City buying and panting trees throughout our city. The Leisure Services department presented its budget just last week to Council, asking for $55,000 that was earmarked for the planting of street trees around our City. 1 believe if the City were to use select cutting on City property it would accomplish two things: 1) it would help offset the cos of panting trees around our City; and 2) it would help in a small way to provide wood to the two pulp mills in our City and assist in keepingjobs here. Councillor support for this could also help the City Manager find a part ofthe million dollars he is looking for to balance this year's budget. Respectfully (Received by email) Bill Farren Ward 1 Councillor RQ. Box 797 Saint John NB Canada E2L4U wvvwsantjohnzo LPl97l Saint John,N,B. Canada E2L 4L1 66 The City of Saint John SAINT JOHN January 17, 2011 Your Worship, Deputy Mayor And FeIIow Councillors, Re: Moving Forward Motions for Vendor By-Law and New Taxi By-Law Motion: I move that Common Council ask the City Manager to have the past motions for vendors on city controlled public places and the establishment of the taxi revue bylaw committee to be moved forward on staff's to-do list. 1 believe these are two very important items that must be put in place for a number of reasons: First of all we just received a report that tourism is up in our province and it was mainly due to the cruise ship passengers arriving in our city. The first thing these tourists see is a taxi waiting to take them around our city to see the sights. It has been reported to us by both the taxi industry and the users of these taxis that things need to be improved. As far as some of the vendors that the tourists visiting our city meet, we have all heard at one point or another these need to be improved as well. 1 ask Council's support in moving these motions to the front burner before another tourism season hits us. Respectfully (received by email) Bill Farren Ward 1 Councillor RO. Box 1971 Saftit John, NB Canada E2L 4L1 67 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada F2L 4L1 tht op Dismal t 'mho 1/14/2011 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: Receive and File I have often mentioned the value of volunteers to the City of Saint John. The following is a list of volunteers who helped to create the new trails in Shamrock Park after tenders for the work came back above budget. Janice Keating, Joe Godin, Phil Armstrong, Lucas Toron, Dean Price, Amy Price, Kyle Price, Peter Hanlon, Patty Hanlon, Chris Mayes, Greg Dickeson, Jason Daigle, Jasper Daigle, Terry Stevens, Jeremy Stuart, Terry -Ann Nagle, Kristy McClellan, Leah Fitzgerald, Ben Green, Michael Armstrong, Chris Martin, Halley Mawhinney, Adam Pitre, Dave Kidd, Ryan Hugenholtz, Luke Cusack These volunteers are deserving of a "thank you" from the city for their help. The work is not completely done, so we'll be looking for more volunteers as soon as weather permits to complete the work. We'II put a notice on our website when the work recommences. Respectfully Submitted (received via email) Gary Sullivan SAINT 1T ➢OHN PC),. 19771 Saint Vohn, N.B Canada E?L 4L1 vww.:aintiohn. r 68 C 19.'11 ah,h,n Canada E2L 41L tht op Dismal t 'mho 1/13/2011 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: Common Council send a letter to the Saint John Energy (The Power Commission of the City of Saint John) requesting that they donate or discount power supplied to food banks in the City of Saint John. First of all, this idea is not entirely my own. I would like to give credit to the Local 18 employees with whom I discussed this during collection of food at the North End Sobeys this Christmas Season. Food banks in Saint John not only require ongoing donations of food to keep open, they need money to pay the ongoing bills related to their operation. Thanks to CBC and the Port Authority, along with the generosity of many Saint Johners over $160 000 has been raised to support food banks in Southern New Brnswick. One bill that all of the food banks face is that of power. It is my hope that Council will support this request and that Saint John Energy would follow up with a positive reply that would give financial relief to these important volunteer organizations that give so much relief to the people of Saint John. Respectfully Submitted (received via email) Gary Sullivan SAINT JOHN PC),. 19771 Saint Vohn, N.B Canada E?L 4.1 vww.:airi[Iohn. r 69 C 19 1 int ah,hn Canada E2L 41L tht op Dismal t 'mho January 11, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: 2011 Vacant /Derelict buildings workload expectations In August 2008, Saint John City Council began a process to create a strategy to reduce the number of vacant and derelict buildings around our city. Our Building Inspection Department was given a directive from council to take a more aggressive approach in dealing with this issue. On October 20, 2010 I submitted following motion and was subsequently adopted by Council: Motion: I propose that city staff present a report to council on the level of funding that will be required to adequately resource the city's effort to address the issue of vacant /boarded up structures in our municipality. This report should be submitted prior to the approval of next year's budget. Upon the receiving of this report, I suggest Common Council commit to adequately resource the building inspections budget for 2011 in order to set a target of reducing the number of boarded up buildings this year by no less than 25% of our city's current workload (25 properties). Setting workload expectations is critical in making progress on this file. Motion: Refer to Budget Respectively Submitted, Councillor Donnie Snook SAINT JOHN PC),. 19771 Saint Vohn, N.B Canada E?L 4Li vww.:ain[Iohnza 70 C 19.'11 irrt ah,h,n Canada E2L 4L. The City of Saint John January 17, 2010 Your Worship Mayor Ivan Court Members ofCommon Council: Issue: Milford Road Housing Initiative Update West Saint John Context: This initiative has been a work in progress for several months. The site is the former 'Lou Murphy' property. City of Saint John demolished building Derelict property. We had hoped the land would be donated waiting for a positive decision delayed the initiative. Saint John Non-Profit Hou5ing is working closely with the neighbourhood. Purchase Sale Agreement has been signed —the Board of Saint John Non-Profit Housing has agreed to purchase the property. Recently good dialogue has occurred between myself, Saint John Non-Profit Housing and Province of New Brunswick Housing officials. This initiative has the potential of beconiing a very positive enhancement for this neighbourhood. Motion: That this report be received for information. Respect- subr�tted. Peter McGuire Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca 71 CP. 1971 Saint John, N.-B. Canada E2L 4L1 The City of Saint John January 17, 2010 Your Worship Mayor Ivan Court Members of Common Council: Issue: Clean Safe Drinking Water Designated City of Saint John Representative Context: The local Conservative Caucus has just recently appointed Saint John East MLA Glen Tait as their designated point person to collaborate with The City of Saint John in working towards a positive outcome with respect to "Clean Safe Drinking Water." There is clearly a message with the designation of MLA Tait that the Province wants to work with us. The next logical step would be for The City of Saint John to appoint our own designated representative. Motion: That Council appoint Mr. Paul Groody, Commissioner of Municipal Operations, as The City of Saint John's designated representative to collaborate with Provincial officials with respect to achieving a positive outcome concerning Safe Clean Drinking Water. Respectfully submitted, Peter McGuire Councillor City of Saint John SAINT JOHN P.O. Box 1 971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 72 The City of Saint John January 17, 2010 Your Worship Mayor Ivan Court Members of Common Council: Issue: Vacant and Derelict Building Advocacy and Needed Legislation Context: Continued advocacy must persist if our goal that progressive public policy through legislative changes is enacted within the next sitting of the Provincial Legislature. Motion: That the City Manager request the appropriate City staff to prepare a Visual Listing (digital photographs) of the 101 vacant properties in Saint John. Once prepared 1 will distr them to all MLA's in the Provirce. Res uUysubmitted Peter McGuire Councillor —City of Saint John SAINT 'JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca 73 C.R 1971 Saint John, N.-B. Canada E2L 4L1 E CRT January 11, 2011 M &0011 -07 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: BACKGROUND ANALYSIS Citizen Input C 0 SUBJECT: TRAFFIC CONTROL AT INTERSECTION OF SANDY POINT ROAD AND FOSTER THURSTON DRIVE At its January 18, 2010 meeting, Common Council resolved "that the City Manager be directed to submit a report and recommendation to Council regarding traffic signaling at the Foster Thurston Drive and Sandy Point Road intersection This report contains information to provide the response to this request. Staffs thorough understanding of citizens' input over tlV;S'in��'rrN ru�� a traffic-related matter such as tills allows the specific Foster Thurston Drive (main street) issues to be evaluated and appropriate solutions sought. In this case, staff had discussions with two citizens that initiated the Council resolution. Both Sandy Point �uiiy�n�u %Ayu�V citizens expressed concerns with the difficulty in Road gaining access to and from the main street (Foster (side street) Thurston then Sandy Point), although one focused on access from a near -by side street, rather than the intersection in question. Volume of traffic on the main street and challenging topography of the road Sandy Point Road were common factors believed to contribute to these (main street) access concerns. Other contributing factors include °anon the short distance one can see to the left or right before exiting the side street portion of Sandy Point Road with the left-turn onto Foster Thurston being particularly difficult, vehicle speed on the main street, a school bus traveling along Sandy Point Road to pick up children each day and a lack of facilities for cyclists and pedestrians. 74 Co kaliftuat NCI1 The Chyr of :Saint fro l n, M &C2011 -07 Page 2 Investigating the merit of traffic controls at intersections involves a very detailed engineering process that commonly takes a substantial period and associated man hours to complete (along with competing priorities). Approximately 10 requests for this type of investigation were received in 2010. A large additional number of requests are also received for similar traffic improvement investigations on existing infrastructure. Transportation Association of Canada (TAC) guidelines are followed to ensure the best decision for this community can be made. The cost of installing traffic controls at intersections is estimated at $150,000 and ongoing maintenance is required. Speed Survey Staff completed a speed survey on the main street to quantify compliance with the posted speed limit of 50 KM/H and to use this information in further analysis. The northbound lane had an average speed of 58 KM/H and an 85% percentile speed of 66 KM/H over a 48 hour survey at the beginning of December. The southbound lane had an average speed of 59 KM/H and an 85% percentile speed of 68 KM/H over a 24 hour survey in mid- December. Staff can conclude there are compliance issues with the posted speed limit. Accident History Eighteen (18) accidents were reported by the Police between January 2008 and October 2010 in proximity of this intersection. Details such as cause of the accident and exact location are not readily available and minor accidents and near misses are not always reported. Topographic Impacts Topographic features such as grades, horizontal curves, vertical curves or road side obstructions such as rock outcrops challenge the ability of a motorist to make maneuvers at an intersection. As shown in the adjacent two pictures, such topographic features at the Foster Thurston/Sandy Point intersection impact a motorist's ability to see approaching vehicles from a distance (sight distance) when exiting the side street section of Sandy Point Road and vice versa. Staff completed a field analysis to establish the available sight distances for various maneuvers and also calculated, as a benchmark, required sight distances using TAC guidelines. The distance a motorist needs to see to decide a maneuver is safe to make, then complete the maneuver without a collision or significant impact on the flow of traffic on the main street, increases with an increased speed of vehicles on the main street. The higher range (85% percentile) of vehicle speeds measured during the speed survey was valuable in accounting for the situations some motorists encounter. 75 111 p 1 1 1 1 101111111 11r 1 11 limp 11 11 '810.1111)1r M &C2011 -07 Page 3 The following table presents the available sight distances for various maneuvers at this intersection. For comparison, the required sight distances at both the measured 85% percentile speed and at the speed limit of 50 KM/H are also presented. The sight distances required for the first three maneuvers (turning movements from the side street) are significantly higher at the measured 85% percentile speed than what is available given the topographic features. Although still higher, the required sight distances when motorists comply with the posted speed limit are much closer to what is actually available. Motorists approaching the intersection on the main street (last two presented maneuvers) have ample available sight distance to react to other motorists stopped at the intersection. This data confirms the citizens' concern with attempting to turn from the side street if they encountered one of the speeding vehicles, particularly the 15% of motorists that were travelling at, or above, the 85% percentile speed. The data also confirms the importance of motorists complying with the posted speed limit. Maneuver Motorist looks left for approaching vehicles prior to attempting left turn from side street Motorist looks right for approaching vehicles prior to attempting left turn from side street Motorist looks left for approaching vehicles prior to attempting right turn from side street Motorist looks for stopped vehicle ahead while approaching the intersection from the south on the main street Motorist looks for stopped vehicle ahead while approaching the intersection from the north on the main street Investigation of Traffic Signals as a Solution Sight Distance Available at Location (m) 76 104 114 116 194 160 Sight Distance Required at 85% Percentile Speed (m) 130 180 190 105 Sight Distance Required at Posted 50 KM/H Speed Limit (m) 100 125 125 69 117 72 As Council's resolution included a requested recommendation on the installation of traffic signals at the Foster Thurston/Sandy Point intersection, staff applied TAC's Canadian Traffic Signal Warrant 1MMatrix Procedure to assist in concluding whether signals are a solution. The Procedure gives weighted values to factors such as the volume of vehicle and pedestrian traffic making the different movements during peak hours (accounts for risk of collision between conflicting movements), proximity to other signals in the traffic system, presence of large trucks or buses and the difficulties presented to motorists when higher vehicle speeds on the main street are encountered. The Procedure is completed when cumulative warrant points are calculated. Cumulative warrant points of 100 or higher suggests traffic signals are warranted at an intersection. Staff completed further field analysis to complete the Warrant Matrix Procedure. A vehicle and pedestrian traffic movement count was completed manually over six peak hours on November 30, 2010. Staff also confirmed that the provincial Summerville Millidgeville ferry was operating M &C2011 -07 Page 4 at the time of the study, given this destination would produce higher and concentrated traffic volumes at the intersection. Calculations were then completed. Cumulative warrant points of 24 resulted when the Procedure for the Foster Thurston/Sandy Point intersection was completed. Traffic signals would not be warranted as the points were below the threshold of 100. Low volume of turning vehicles from the side street (Sandy Point) and low use of the intersection by pedestrians were among the factors that resulted in a low warrant value. Pedestrian volumes would likely be higher if the evaluation were completed in the summer months but this factor would not be significant enough to reach the 100 point threshold. Investigation of the Modification of Topography as a Solution Modifying the topography at the intersection can be completed to increase the available sight distances closer to the values required at the measured 85% percentile speed. A portion of the rock outcrop to the south of the intersection could be removed to increase the sight distance between a motorist exiting the side street and those approaching from the south. More significant straightening of Foster Thurston and removing the hill to the north of the intersection would be required to improve sight lines between a motorist exiting the side street and those approaching from the north. These changes would be expensive requiring further preliminary and detailed design and potential reconstruction within a future year's General Fund Capital Program. Investigation of a Roundabout as a Solution Staff indicated in a recent Council report that roundabouts would be considered as an option in future projects. A roundabout constructed at the intersection of Foster Thurston Drive and Sandy Point Road may lead to an improvement with the issues expressed by the citizens that were confirmed through this analysis. A horizontal curve is introduced with a roundabout, which is a physical traffic calming measure that forces vehicles to slow down upon entry; the measured high speeds can be addressed with a roundabout, there -by reducing the required sight distances closer to the values available. The requirement to complete a left turn is eliminated with a roundabout; the citizen that expressed a concern with making the left turn from the side street (Sandy Point) to Foster Thurston would instead enter the intersection with a right turn and remain in the circle until making a second right turn to Foster Thurston. Roundabouts are also shown to reduce motor vehicle accidents at an intersection; comparing future accident experience should a roundabout be installed to the history presented in this report would be an appropriate benchmark to measure. Installing a roundabout at this intersection would also require design and infrastructure reconstruction investment in a future year's General Fund Capital Program. Topographic modifications would still be required with this option. Including the Cherry Brook Zoo entrance into the design would also be a challenge. A preliminary design could consider this issue as well as others such as the existing grades to conclude whether a roundabout installed at this location is a feasible and cost effective option. 77 M &C2011 -07 Page 5 Involvement of the Province of New Brunswick Sandy Point Road is a Regional Designated Highway (RDH) to the Summerville Millidgeville ferry which lies under the responsibility of the Province of New Brunswick. The Sandy Point /Foster Thurston intersection forms part of this RDH. The Province's Department of Transportation would need to be involved in the design process and commit to financial investment of any future upgrades. Coordination with Additional Projects along Sandy Point Road The City of Saint John will need to coordinate improvements to this intersection with any development plans in the general area. CONCLUSIONS This investigation confirms the input provided by the area residents about accessing the Sandy Point /Foster Thurston intersection. Speeding and available sight distances are the main issue. Modifications to the topography of the intersection and potentially installing a roundabout may improve the intersection. Traffic signals would not be an effective solution and the intersection does not meet the TAC Guidelines Warrant threshold. Further design and potential reconstruction would need to be considered amongst other priorities within a future General Fund Capital Program, with design considering any future near -by development and input and funding from the Province of New Brunswick. Separating a design project from a reconstruction project within the Capital Program would ensure design options are considered before commitment is made on reconstruction investment. RECOMMENDATION Staff recommends that Council considers a design and feasibility project for potential upgrades at the intersection of Sandy Point Road and Foster Thurston Drive described in this report within a future General Fund Capital Program. Respectfully submitted J. M. Paul Groody, P. Eng. Commissioner Municipal Operations Engineering 78 J. Patrick Woods, CGA City Manager E CRT January 11, 2011 M &C2011 -08 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: C 0 Co SUBJECT: OVERNIGHT WINTER PARKING RESTRICTION BACKGROUND 79 NCI1 The Chyr of :Saint fro l n, In November 2009 Council adopted 3 Reading of an Amendment to the Traffic By -Law that prohibited overnight parking on most City streets from November 15 to April 15. This change assists in achieving snow clearing service objectives adopted by Council within an updated Winter Management Plan for Streets and Sidewalks. The change also followed a period of public consultation, including 5 meetings by staff in the 4 City wards. A list of streets exempted from the Restriction were included as part of the Amendment. Following further public consultation, additional streets were exempted in an Amendment in February 2010. Some exempted streets were provided with overnight daily alternate side parking provisions to provide some level of snow clearing capability in the same February Amendment; some exempted streets were already previously identified for alternate side parking. In November into December 2010 Council considered and adopted a further Amendment that shortened the dates when the overnight parking restriction would apply from December 1 to March 31. Council also modified the application of the Restriction on Douglas Avenue. At its November 29, 2010 meeting Council resolved that "the letter from Deputy Mayor Chase entitled Winter Parking Ban Lower West Side recommending the suspension of the winter parking ban and implementation of alternating side parking for Winslow St., Gilford St. and Lancaster St. be referred to the City Manager for a report; and further, that the report also consider the portion of Douglas Avenue that is currently subject to the winter parking ban This report is in response to this resolution. In response to a previous Council request, staff submitted M &C 2010 -25 that outlined the criteria used to evaluate requests to consider exemptions to this overnight parking restriction. In addition to engineering judgment, the City's Traffic Engineer completes a site visit to identify if off street parking is available at the property in question or land is available to convert to off- M &C2011 -08 Page 2 street parking, if near -by business or institutional properties have excess parking available to share, if near -by street blocks are already exempt for the Restriction, and if near -by residential properties have a similar capacity issue suggesting a systemic problem. Space for one vehicle per residential unit at a property (i.e. three spaces for a 3 -unit building) is generally considered sufficient parking demand. These criteria were used in staffs analysis within this report. ANALYSIS In addition to Deputy Mayor Chase's letter, staff has received many requests from residents to evaluate the Restriction in other areas of the City. Although the City began informing the public beginning on October 15, 2010 through various media outlets, most requests were received between mid- November and mid December 2010 as the City and the Parking Commission began to remind the community of the Restriction for this winter season. The analysis completed in these areas is included in this report in addition to the specific Council direction. Minimizing the number of streets exempted from the Restriction is important to achieve quality and cost effective service to the community through execution of the deliverables of the Winter Management Plan fig- Streets and Sidewalks. On- street parked vehicles delay or prohibit the clearing or removal of snow from City streets and sidewalks. Repeat trips by snow clearing equipment to streets where parked vehicles are present introduce operational inefficiencies. Street blocks that are exempt from the Restriction can be expected to reach the Plan's service objectives less often than other streets. The need to carefully scrutinize consideration of exempting more street blocks is important; the level of detail of the analysis in this report is evident of this requirement. Alternate side parking provisions are typically recommended where a street becomes exempt from the Restriction to provide some opportunity for street clearing. Further streets that have been or are recommended (within this report) to be exempted are also proposed for daily alternate side parking during the winter and overnight period. Although another option to a full restriction, vehicles are still present on the street with alternate side parking, which can delay or prevent snow clearing on the side where parking is permitted and can lead to compliance issues as described further. For context, the Halifax Regional Municipality provides in further detail on their website justifications as to why such as system is not practical for that municipality. The Traffic Engineer undertook communications with each citizen that recently requested exemptions to the Restriction, including the citizen that brought the concern to Deputy Mayor Chase's attention in Lower West. Clarification of the concerns over parking demand and off street parking capacity were received along with other pertinent information. In some cases further communications were required to obtain more details. The Traffic Engineer then completed site visits to most areas on December 22, 2010 between approximately 04:30 and 06:00. The purpose for the overnight visits was to visualize the communicated concerns during the time of the overnight restriction, including clarifying typical off and on- street parking supply and demand. Other site visits were completed during daytime 80 M &C2011 -08 Page 3 hours on other days when further clarification was required. General observations could be identified via the citizen communications and site visits. Despite the efforts by staff in communicating the Plan and Restriction to the public, including 5 meetings held in the 4 Wards in November 2009, many of the citizens indicated they are just becoming aware of the Restriction in late 2010. Most of the multi -unit residential properties have more vehicles than off street parking capacity and more than the parking required for such a property by the City's Zoning By -Law. Generally, off street parking spaces are not fully utilized at some properties in areas where exemptions to the Restriction are already in place; the associated increased demand for on- street parking can lead to unavailable on- street spaces for properties with legitimate inadequate off street parking issues. Inconvenience in attempting to sequence the order of parked vehicles at some multi -unit properties leads to demand for on- street parking; space is often available for more vehicles off street but conflicting schedules of tenants can "block" one or more vehicles in a driveway, which instead can lead to one or more vehicles parked on- street. Several owners of the multi -unit residential properties have expressed concerns over loss of property value and /or loss of tenants with the loss of the on- street parking option. The analysis of each request is contained in the following paragraphs. Lancaster, Guilford, and Winslow Street Area of Lower West The content of the Council adopted motion suggested exemptions should be provided to Winslow Street, from Lancaster Street to Ludlow Street, to all of Guilford Street, and to Lancaster Street, from Duke Street to Winslow Street. Street blocks within these sections were already previously exempted, including the centre of three blocks of Winslow Street (Watson Street to Ludlow Street), and all of Guilford Street. Currently exempted blocks of streets in proximity of this request in Lower West are highlighted red in the adjacent map. The Traffic Engineer spoke with two residents who live on 4 Winslow Street between Lancaster Street and Watson Street. One of the two residents owns and lives in a two -unit r. building and has a tenant. There is demand for 5 vehicles but 'cr, "--,q e 0/ there is only space for two. The other resident was expressing concern on behalf of his neighbours that the one exempted block of Winslow Street is not enough for the demand. During the overnight site visit, the on- street parking spaces were observed as being well -used on Guilford and Winslow, if not at capacity. Some vehicles were parked on the wrong side of the street, which may also indicate capacity issues in addition to issues of non compliance. Residents on Guilford Street appeared to be cooperating by using available off street spaces but some driveways on Winslow Street were noted as being underutilized. Even with better cooperation from residents in the area, it appears the number of vehicles in the area is higher than the 81 M &C2011 -08 Page 4 combined number of on- street and off street spaces available. It is difficult given the size of the area in question to apply the one vehicle to one -unit guideline. Some properties on the block of Winslow from Lancaster Street and Watson Street had no driveway. Options would include: 1. Exempting an additional block of Winslow Street from Lancaster Street to Watson Street with alternate side parking, which would provide additional capacity to this block as well as for some spill -over vehicles from Lancaster Street or Guilford Street (recommended option), or 2. Making no additional exemptions. Tower Street Area of Lower West Two residents that live on Tower Street between Lancaster Street and Watson Street (not exempted) called indicating lack of parking. One resident who lives in a one -unit house has no driveway. The other owns and lives in a two -unit building, has space for two vehicles currently with space for four if the driveway was lengthened, and has demand for four spaces between the two units. The currently exempted street blocks in the area are highlighted in the map to the right. During the overnight site visit, the exempted sections of Tower and Charlotte Street appeared fully used by parked vehicles. The exempted sections of Saint George and Watson Street however were under utilized. Southern Lancaster Street Area of Lower West 82 Options would include: 1. No additional exempted blocks be provided, given the under utilized on- street parking spaces in the area and one of the two residents has opportunity to modify their property to accommodate the demanded parking (recommended option), or 2. Exempt Tower Street between Lancaster Street and Watson Street with alternate side parking. One resident that lives on Lancaster Street between Clarence Street and Sutton Street called indicating she and her neighbours have no off street parking and they own multi -unit buildings. Upon further review there are parking spaces available to the rear of the properties across what appears to be a shared lane that is accessible from Clarence. The resident indicated they do use the lane but the parking area off the lane is not big enough and one of the vehicles sometimes blocks the lane near Clarence. During the site visit, the lane appeared not well maintained but there are spaces available, including room for 3 to 4 parking spaces at the property owned by the resident who called. M &C2011 -08 Page 5 Options would include: 1. No additional exempted blocks be provided, given the opportunity to park to the rear of the properties (recommended option), or 2. Exempt Lancaster Street between Clarence Street and Sutton Street, with alternate side parking. Douglas Avenue, South of Bentley Street Douglas Avenue from Main Street to Bentley Street is currently exempt from the Restriction. In addition to the Council resolution, staff has received requests from a number of residents along the remainder of Douglas Avenue (Bentley Street to Chesley Drive) to permit overnight parking. One resident close to Bentley Street (approximate location indicated by red circle in adjacent map) owns and lives in a two -unit building, has 3 off street parking spaces, but has parking demand for 8 vehicles between the two units, which is high compared to the one space per unit guideline. She also indicated her neighbour owns a two -unit building and has a driveway for one vehicle. She also reported the exempted section on the other side of Bentley is always full with vehicles. Douglas Avenue, North of Brunswick Place 83 A site visit revealed spaces, in addition to the 3 at the rear of the property, could be constructed with landscaping changes. The overnight site visit revealed that several driveways on the east side of Douglas Avenue between Bentley and Alexandra were underutilized but the on- street parking was at, or close to capacity. On- street parking spaces were available north of Alexandra. More on- street spaces between Bentley and Alexandra (for the requesting resident) would be available if driveways were fully used and some residents within the block of Bentley to Alexandra parked north of Alexandra. An empty lot at the south -east corner of Bentley and Douglas was noted as having potential for parking spaces. The overnight site visit also revealed that the NB Museum parking lot across the street was empty and could provide an option for residents in this area. Options would include: 1. No additional exempted blocks be provided given the observations described in the previous paragraph (recommended option), or 2. Exempt the east side of Douglas Avenue between Bentley Street and Brunswick Place. M &C2011 -08 Page 6 Several two -unit building property owners on Douglas Avenue north of Brunswick Place (indicated by green bar in previously displayed map) called indicating they do not have enough off street parking. One owner has off street space for two vehicles but demand for 4 spaces. Another communicated he has space for one vehicle in a driveway but demand for 5 spaces. Several other adjacent properties are also multi -unit with small driveways. The overnight site visit confirmed that the driveways to most properties in this area are being fully utilized. Seven vehicles were noted as being parked in violation of the overnight restriction on the east side of the street. Another provision of the Traffic By -Law and a provision of the Motor Vehicle Act (MVA) prohibit most on- street parking on the east side of Douglas Avenue in the proximity of the requests. Noted during a site visit was the close proximity of the driveways; section 5(4)(g) of the Traffic By -Law prohibits parking within 3 metres of a driveway and the close driveways offer few on- street parking spaces. Section 193(1)(d) of the MVA prohibits parking within 5 metres of a fire hydrant and there is a hydrant on the east side. Only two on- street spaces would be available for on- street parking on the east side given the driveways and fire hydrant. Staff also notes the presence of a bike lane and Harbourview High School on the west side of Douglas Avenue, which should discourage parking on that side of the street. Alternative near -by off street parking opportunities were also noted during the site visits. The Parking Commission is currently inquiring with the owner of a near -by empty lot about opportunities to use the space for parking. The property is currently paved and a depressed curb and lines to divide spaces would be needed for parking spaces. Up to seven spaces could be currently created with opportunity for more spaces if more significant property modifications were considered. No conclusion was obtained before this report was submitted but is still considered a potential option. Initial contact was also made with the Department of Education about potential use of Harbourview High School for overnight parking. The overnight site visit revealed the school's parking lot was empty during the overnight period. No conclusion was obtained before this report was submitted but is still considered a potential option. Options would include: 1. No additional exempted blocks be provided given the observations described in the previous paragraph (recommended option), or 2. Exempt the east side of Douglas Avenue between Bentley Street and Brunswick Place. Third Street An owner of a single family house on the corner of Cranston Avenue and Third Street indicated she has no off street parking. No other viable alternatives were identified. Exempting Third Street from the Restriction with alternate side parking would have limited impact on the overall transportation network as this is a dead -end street. Options would include: 84 M &C2011 -08 Page 7 1. Exempt Third Street (entire) with alternate side parking (recommended), or 2. No additional exempted blocks be provided Winter Street An owner of a 4 unit building at the corner of Winter and Spring Street communicated her lack of parking for her or her tenants. She indicated that Spring Street, which is currently exempt, is always full of on- street parked vehicles. She also communicated she cooperates by moving her vehicle from the street when she knows a snow plow is approaching. During the overnight site visit Spring Street was observed as over capacity with many additional vehicles parked on the wrong side of the street. Excess off street parking in the area, however, was observed as available. Most driveways on Spring Street were not full and many were empty. A large parking lot for an apartment building on the other corner of Spring and Winter was also underutilized. Options would include: 1. No additional exempted blocks be provided given the near -by exempted street and available off street parking described in the previous paragraph (recommended option), or 2. Exempt Winter Street from Spring Street to Summer Street with parking only permitted on the north side by adding the south side of Winter Street (Spring Street to Summer Street) to Schedule B (No Parking Anytime). St. Catherine Street An owner of a single family house near the corner of St. Catherine Street and Woodlawn Avenue indicated he has no off street parking. No other viable alternatives were identified. Exempting Woodlawn Avenue with alternate side parking would have limited impact on the overall transportation network as this is a dead -end street. Options would include: 1. Woodlawn Avenue (entire) with alternate side parking (recommended), or 2. No additional exempted blocks be provided Holly Street An owner of a single family house on Holly Street expressed concerns about parking on one side of this street given the presence of a hill and an adjacent rock outcrop. The resident suggested only permitting alternate parking on one side of the street as residents currently find alternatives instead of parking on the other side. Exploring options for this street, including not permitting any on- street parking should be explored. Staff was unable to request input from other residents of this street by the time this report was written and plan to update Council once this input can be received. 85 M &C2011 -08 Page 8 Additional Investigations Input from eleven additional residents across the City was received but are not detailed in this report. Clarification of the restriction and alternate side parking regulations were sought in some cases. Other cases were requests for further exemptions that clearly did not meet the criteria to consider an exemption. In a few cases residents indicated they would consider suggested alternatives. Parking Space Matching Service As indicated in the criteria used in considering exemptions to the Overnight Winter Parking Restriction and as observed during the site visits, off street parking spaces may be available near properties with parking challenges as an alternative to on- street parking. Tools that assist residential property owners making contact with business, institutional or other near -by residential properties that have excess off street parking spaces during the overnight period would be a benefit to both property owners as well as a benefit to the quality and cost effectiveness of achieving the deliverables of the Winter Management Plan. Through discussions with the Halifax Regional Municipality, who also restrict overnight parking during the winter, staff discovered an on -line parking space matching service maintained by the municipality that assists in connecting property owners with parking requirements to those with availability. The details to the right are from their website. Staff is currently investigating if a similar solution is possible for the City of Saint John and will report back to Council at a later date. Victoria Lane 86 HRlM IARTTRIR ,i Expand! ;Netter pepping nen have /.'}U riiorarnblin g tor a place to WO Legiwi tra NA'M 's state.orith t -art parkin naaatcb program and find' pima to path itt o ipir have an extra parking space or taws tog-on tc itRak a taste- icr.art panting match ra ram Barad sithr your space. This tree service is support by HAM however ell arrangements errs up to the idiscretion inudt dduats. tt "a eecwrre Pt's essay,. It's fast Regileter tudaya! For More detail"ai gas to wirrow,HIPINtSmairarlip,oa, tarttw t� FIRM martTrip.ca Victoria Lane was incorrectly added to Schedule R (Streets Exempted from Overnight Winter Parking Restriction) during a by -law amendment adopted in November 2009 because parking is already prohibited at any time as per Schedule B of the Traffic By -Law. Victoria Lane needs to be deleted from Schedule R. M &C2011 -08 Page 9 RECOMMENDATIONS Staff recommends that Council: 1. Amend the Traffic By -Law as follows to implement the recommended options described in this report and request the City Solicitor place in proper form and translate: a. Add Winslow Street with limits Lancaster Street to Watson Street to Schedule R (streets exempted from the Overnight Winter Parking Restriction) b. Add Winslow Street with limits Lancaster Street to Watson Street to Schedule H (daily alternate side parking during the winter and overnight period) c. Add Third Street with limits Cranston Avenue to Dead End to Schedule R d. Add Third Street with limits Cranston Avenue to Dead End to Schedule H e. Add Woodlawn Avenue, limits St. Catherine Street to Dead End to Schedule R, f Add Woodlawn Avenue, limits St. Catherine Street to Dead End to Schedule H 2. Not amend the Traffic By -Law for the requests described in this report from: a. Tower Street Area of Lower West, b. Southern Lancaster Street Area of Lower West c. Douglas Avenue, South of Bentley Street, d. Douglas Avenue, North of Brunswick Place, and e. Winter Street 3. Amend the Traffic By -Law as follows to implement alternate side parking on additional streets already exempted from the Overnight Winter Parking Restriction and request the City Solicitor place in proper form and translate: a. Add King Street West, limits Watson Street to Market Place to Schedule H b. Add Saint George Street, limits Lancaster Street to Watson Street to Schedule H c. Add Sutton, limits Lancaster Street to City Line to Schedule H d. Add Tower Street, limits Watson Street to Ludlow Street to Schedule H e. Add Watson Street, limits King Street West to Prince Street to Schedule H f Add Watson Street, limits Saint George Street to Rodney Street to Schedule H g. Add Bridge Street, limits Main Street to Dead End to Schedule H h. Add Waring Street, limits Cunard Street to Dead End to Schedule H i. Add Gooderich Street, limits Wright Street to Seeley Street to Schedule H j. Add Rockland Road, limits Parks Street to Dead End to Schedule H 4. Amend the Traffic By -Law by deleting Victoria Lane with limits "Entire" from Schedule R and request the City Solicitor place in proper form and translate. Respectfully submitted J. M. Paul Groody, P. Eng. Commissioner Municipal Operations Engineering 87 J. Patrick Woods, CGA City Manager E CRT M &C2011 -09 January 12, 2011 His Worship Mayor Ivan Court and Members of Common Council BACKGROUND C 0 88 Co NCI1 Your Worship and Members of Council: SUBJECT: Contract 2010 -24: Spar Cove Road Wastewater Pumping Station INTRODUCTION The Ckyr of :Saint fc l umn, Saint John Harbour C'lean -Zp is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service. The purpose of this report is to recommend award of the contract for the construction of Spar Cove Road Wastewater Pumping Station. The Harbour Clean -Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. Construction is well underway on the Eastern Wastewater Treatment Facility. The design work for the Wastewater Collection System is continuing with the following projects tendered and constructed: Bayside Drive Sanitary Forcemain Phase 1 and Phase 2, Monte Cristo Lift Station #34, Red Head Road Lift Station #1, Red Head Road Lift Station #50, and Newmans Brook Sewer Separation. The construction of Lift Station #2 is scheduled to be completed in early February 2011 and the construction of Harbour Station Lift Station #10 will commence in March 2011. Spar Cove Road Wastewater Pumping Station was originally tendered in 2009 as a wet well dry well wastewater pumping station with one accepted bid of $4,996,905.20. Council adopted the recommendation (M &C 2009 -248) that Contract 2009 -12: Spar Cove Road Wastewater Pumping Station not be awarded and that the work be deferred until 2011 or 2012. A Value Engineering Workshop for the Wastewater Collection System followed in August 2009 with a resulting recommendation that the Spar Cove Road Wastewater Pumping Station be redesigned as a submersible station. M &C2011 -09 January 12, 2011 Page 2 TENDER RESULTS Tenders closed on December 21, 2010, for Spar Cove Road Wastewater Pumping Station (submersible style) with the following results: 1. Galbraith Construction Ltd., Saint John, NB 2. Gulf Operators Ltd., Saint John, NB The Engineer's estimate for the work was $2,486,000.00. ANALYSIS Three tenders were reviewed by the Tender Opening Committee and two tenders were found to be formal in all respects. One tender was rejected pursuant to Division 2 of the General Specification Instructions to Tenderers and Tendering Procedures, Clause 2.15(i) due to the fact the tenderer failed to bid two items and Clause 2.15(k) the unit prices did not include the words "dollars" and where applicable "cents Staff is of the opinion that the lowest compliant tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS POLICY TENDERING OF CONSTRUCTION CONTRACTS 89 $1,669,970.50 $1,776,396.62 The Contract includes work that is charged against the 2011 Water Sewerage Utility Fund Capital Program. Assuming award of the Contract to the lowest compliant tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $4,035,000.00 was provided in the budget to complete the construction of the pumping station. The projected completion cost of this Contract is estimated to be $2,008,357.89 including the City's eligible H.S.T. rebate, a $2,026,642.11 positive difference in the Water and Sewerage Utility Fund Capital Program Wastewater Treatment Category. This positive difference will be utilized to offset future cost differences for the various projects under the Harbour Clean -Up Program. To date, the cumulative amount committed through award of Harbour Clean -Up Program projects is $68,720,540.58 including the City's eligible H.S.T. rebate. The overall total estimated cost of the Harbour Clean -Up Program as reported to Council on September 28, 2009 (M &C 2009 -318) is $99,400,000 including the City's eligible H.S.T. rebate. The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. M &C2011 -09 January 12, 2011 Page 3 RECOMMENDATION It is recommended that Contract No. 2010 -24: Spar Cove Road Wastewater Pumping Station be awarded to the lowest compliant tenderer, Galbraith Construction Ltd., at the tendered price of $1,669,970.50 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations Engineering J. Patrick Woods, CGA City Manager 90 OPEN SESSION M &C2011 -10 January 11, 2011 Your Worship and Councillors: BACKGROUND His Worship Ivan Court and Members of Common Council 91 SUBJECT Resource Requirement Options for Enforcement of Vacant Buildings At the October 25, 2010 meeting of Common Council, staff was directed to present a report on the level of funding that will be required to adequately resource the City's effort to address the issue of vacant and /or boarded up buildings in the City of Saint John. The City of Saint John enacted the current Saint John Unsightly Premises and Dangerous Buildings By -law on July 30, 2007. The by -law was updated to adopt amendments to the "Dangerous or Unsightly Premises" section of the Municipalities Act. It is under the authority of the Municipalities Act, and the City's by -law, that the City is able to deal with issues concerning vacant and dilapidated buildings. The Municipalities Act is very specific with what conditions can be enforced and remedied by the municipality under the enabling legislation. If a building is in such a dilapidated condition so as to be unsightly, a municipality may, in addition to other enforcement tools available, cause the clean -up or repair of the property. If a property is in such a condition that it becomes a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, a municipality may, in addition to other enforcement tools available, cause the demolition of the building or structure. In April 2009 Council endorsed a proposed Derelict Buildings By -law which addresses concerns raised by Council regarding vacant buildings that currently do City of Saint John M C 2011 10 2 January 11, 2011 not fall within the category of unsightly or dangerous under the enabling legislation. As Council is aware, the by -law is before a committee of the Province of New Brunswick that is considering amendments to a number of pieces of legislation that deal with dangerous and unsightly properties. It is unknown if and when the legislative changes may be completed and if changes to the proposed by -law will be required as a result. In the past, Council has been responsive and supportive to the needs of the community concerning substandard housing and derelict and dangerous buildings. During the 2005 budget deliberations, Council made a clear statement that an increased emphasis must be placed on the level of by -law enforcement in this community, with a focus on the enforcement of the Minimum Property Standards By -law, in recognition that high levels of poverty and the high incidence of substandard housing is a detriment to the development of the City. Council' s response to this issue was to increase funding to the Buildings and Inspection Services Department in order that more resources may be allocated to this serious social issue and to expedite the processes in place with respect to the reduction of substandard housing. The additional funds allowed the department to increase the number of inspectors dedicated to the minimum property standards program from one to two and reassign management tasks so the appropriate standards officer was able to focus efforts on substandard housing and dangerous /derelict buildings. These changes resulted in a revamped and improved Minimum Property Standards By -law, and legislative amendments that significantly enhanced enforcement tools available for substandard housing and dangerous and unsightly properties. ANALYSIS There are approximately 100 vacant buildings that the City is monitoring on a regular basis. Although property conditions can change quickly, it is estimated that approximately 30 percent of these buildings could be applicable to enforcement under the Unsightly Premises and Dangerous Buildings By -law, requiring clean -up, repair or demolition. The authority of the municipality to sufficiently deal with buildings that are not applicable to the by -law is limited; however, in the event that the Derelict Buildings By -law is enacted, it is likely that the remaining 70 percent of vacant buildings would meet the definition of derelict as it is currently defined in the proposed by -law, allowing the municipality to take enforcement action and /or cause the condition to be remedied. Current State With current staffing levels, enforcement efforts are focused on buildings that have become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength (dangerous). Approximately eight dangerous buildings are repaired or demolished each year as a result of enforcement actions. muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu1i1 M C 2011 10 3 January 11,2011 In these cases, either the owner has complied and has taken appropriate remedial action, or the City has demolished the structures with costs being recovered from either the property owners or the Province of New Brunswick (who in turn collects through property taxes). The City has successfully been reimbursed by the Province for demolition costs for all applicable cases to date. With respect to current staffing levels, one standards officer is assigned to enforcement of both the Unsightly Premises and Dangerous Buildings By -law and the Minimum Property Standards By -law. There is one assistant building inspector who is assigned to inspections of dangerous /vacant buildings; this inspector also carries out inspections for a number of other by -laws, such as Zoning By -law and Building By -law. Administrative functions supporting the program are shared among existing administrative assistants in the department. Resource options Staff has prepared a number of resourcing options to address the dangerous vacant buildings given two scenarios refer to the attached schedules "A" and "B The first scenario addresses the enforcement cases for those buildings that have become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength under the current by -law. The second scenario addresses cases applicable to the current by -law as well as those that would be applicable to the Derelict Buildings By -law, assuming it becomes effective in Fall 2011. Scenario 1: Vacant buildings that apply to current Unsightly Premises and Dangerous Buildings By -law Five options have been presented in schedule "A" to resource enforcement under the current by -law, one of those options being the status quo. Although there are approximately 100 buildings on the vacant building list, it is estimated that 30 of those are applicable to enforcement under the Unsightly Premises and Dangerous Buildings By -law. The options presented in schedule "A" intend to address all 30 buildings (to a satisfactory conclusion repair or demolish) and it assumes an additional 7 cases will be added annually to the caseload. The options are briefly discussed below and will be discussed in more detail in a presentation at the January 17, 2011 meeting of Common Council. The Status Quo option addresses 8 cases annually. Given the current volume of work and the estimated volume in the future, this option takes the longest time to clear up the backlog of cases. However, it is worthy to note that this caseload is a significant improvement from the past program, prior to the legislative amendments in 2007. Prior to 2007, when amendments and a new by -law allowed for improved enforcement tools and a streamlined process, the department addressed on average 2 -3 dangerous buildings per year. The department is effectively working on more files than ever before, and is using its resources to address buildings in the greatest need. The continuing challenge is that there are always more buildings coming in that have to be addressed. muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu1i1 M C 2011 10 4 January 11, 2011 Option A ($306,421) clears up the backlog of cases in 2 years at the highest annual cost. After the 2 year program, resources can revert back to current levels, addressing cases as they come in. Due to the new staffing, there may be additional capacity with existing staff to increase enforcement activity in unsightly premises and minimum property standards. Recruiting for such a short time frame may be challenging. Option B ($185,584) clears up the backlog of cases in 4 years at a reduced cost. Due to the new staffing, there may be additional capacity to slightly increase enforcement of unsightly premises and minimum property standards cases. Option C ($117,016) takes 6 years to address the backlog and new cases coming in, but it is one of the less expensive options. This option allows the current standards officer to focus on technical and high level tasks, and relies on a dedicated administrative resource to carry out the significant amount of administrative work associated with the program. This is a more ideal resourcing plan for this program and would be recommended by staff if Council were to increase resources to this area. Option D ($30,000) addresses the current cases and any new cases in a 6 year period at very little additional cost, but has a significant negative impact on the Minimum Property Standards By -law program. Essentially, 1 of the 2 assistant building inspectors currently assigned to minimum property standards would be reassigned to enforcement of vacant /dangerous buildings for a 6 year period. A portion of the standards officer's time would be reassigned to vacant /dangerous cases. After the dangerous buildings cases have been addressed, resources would be reassigned to current levels for Minimum Property Standards. This option will decrease Minimum Property Standards cases by half (from 500 inspections /year to 250 inspections /year). There are serious concerns with decreasing the Minimum Property Standards program as it deals with occupied units; tenants that are currently living in substandard housing will be negatively affected. This option is contrary to Council's direction in 2005 when resources were added to the program to streamline the process and decrease the number of substandard housing units in the City. With this option, it is clear the Minimum Property Standards program would lose momentum that it has gained in the past 6 years. This option is not recommended by staff. Scenario 2: Vacant Buildings that apply to Current By -law and Proposed Derelict Buildings By -law Scenario 2 includes any buildings that are applicable to the Unsightly Premises and Dangerous Buildings By -law and the proposed Derelict Buildings By -law. For the purposes of this discussion, staff has assumed that the Derelict Buildings By -law will come into effect in Fall 2011. When it does become effective, the muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu1i1 M C 2011 10 5 January 11, 2011 number of cases to be enforced will increase substantially. In addition to the approximately 30 buildings applicable to the current by -law, there are approximately 70 buildings that may be considered derelict under the proposed Derelict Buildings By -law. For the purposes of this exercise, it is assumed that there will be 10 buildings every year that are added to the caseload that are considered either dangerous or derelict under the relevant by -laws. Generally speaking, the amount of work involved in processing an enforcement case associated with the Derelict Buildings By -law will be greater than that of the current by -law. Mainly, this is because staff will be starting from step one initial inspections, education and notification to the owners. This work has, for the most part, already been completed with the current caseload of 30 buildings applicable to the current by -law. However, for derelict buildings, all of these tasks must be completed before proceeding with formal Notices and eventual demolition. Additionally, new processes will have to be developed and staff trained. Public education will also be very important to communicate the changes and new standards for appropriately securing a building etc. Five options have been presented for scenario 2 with a wide range of resource requirements and the associated timeframe in which to address the backlog of existing cases. Once the backlog of cases is completed, it is important to consider what resource level would be required to be able to address cases coming in on an annual basis. The scenario 2 options contemplate that at the end of the program, (ie. 3.5 years for Option A), the backlog of cases and any additional cases that arose during that time period would be complete. At the end of the program, a maintenance program would be required to keep up with demand and public expectations. Given the uncertainty of the number of cases that would be added in any given year, for the purposes of this report, staff has estimated that 10 cases would require enforcement every year. As previously mentioned, an enforcement program for Derelict Buildings By -law may be more labour intensive than enforcement of dangerous buildings, requiring additional human resources on an ongoing basis. Staff estimates that the maintenance program would require an additional standards officer and administrative assistant. There will be an additional burden on the assistant building inspectors, but this workload should be manageable with a caseload of 10 cases per year. The estimated resource requirement for the maintenance program is just that an estimate. If one of the options were to be selected, the workload and program would have to be reevaluated during and at the end of the program, and the ongoing maintenance requirements would have to be reevaluated at that time. The options presented provide various configurations of a small task force to enforce the two by -laws at a range of program lengths (with the exception of the status quo option). Status quo would be no change in resource allocation or funding levels and would address 8 cases per year. Based on the assumption that muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu1i1 M C 2011 10 10 additional cases would come in every year, the status quo option would not be able to keep up with the caseload; more cases would be coming in annually than could be addressed with current resource levels. Given that, and that there are 100 cases to be addressed right now, the program length is unlimited. Dangerous buildings would be prioritized at a higher level than derelict, therefore it is unlikely that any effective amount of enforcement of derelict buildings would take place. Enforcement of the two by -laws would put increased pressure on building inspection staff, with increased complaints and managing increased public expectations with the new by -law requirements. Option A ($598,073) envisions a short -term "task force" to address the existing caseload and any additional cases in an aggressive 3.5 year period with 4 additional staff; however, there is a significant cost associated with this option, and recruiting for such a short period of time may be a challenge. Option B ($388,474) reduces staffing of the "task force" by 1 standards officer, thereby decreasing costs, but increases the length of the program to 7 years. Option C ($329,757) includes a slight decrease in staffing and expenses, and increases the program to 10 years. The early years of the program (2 -3 years) would focus on dangerous buildings to address serious safety concerns. Option D ($246,317) is a 20 year program and is the least expensive of the options (with the exception of the status quo). The early years of the program would focus on addressing dangerous buildings. The Option D staffing levels (1 standards officer and 1 administrative assistant), as discussed earlier in the report, are the anticipated staffing needs for the maintenance program after the backlog of cases is addressed (subject to review). The scenario 2 resourcing options can be considered in the future if the Derelict Buildings By -law is enacted in its current form. Once legislative amendments are made, staff will make any revisions necessary to the by -law and will review and revise the resourcing options before making a recommendation to Council at that time. INPUT FROM OTHER SOURCES The Human Resources department provided information with respect to salaries for new positions and feedback concerning recruiting concerns for certain positions particularly for short -term contracts. Any new Local 486 positions would have to be evaluated through the Job evaluation process. The Legal department provided input with respect to additional legal costs associated with the anticipated increase in caseload. The City Solicitor has submitted a concurrent report in this regard. 6 January 11, 2011 muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu1i1 M C 2011 10 RECOMMENDATION, Your City Manager recommends that this report be referred to the budget deliberations for consideration. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager Attachment 7 January 11, 2011 miffimmiiiiiiiiimmommooDommumommoomomool 97 C I 5 SCENARIO 1: VACANT BUILDINGS THAT APPLY TO CURRENT UNSIGHTLY PREMISES AND DANGEROUS BUILDINGS BY -LAW ly 7 additional buildings per year STATUS QUO 15+ YEARS —_8 Cases year No additional $0 Standards Officer (Sr) $92,425 Standards Officer (Jr) $82,420 Admin Assistant 6 (FT) $58,900 Staff reassignment from $0 staffing Admin Assistant 3 (PT) $22,624 Minimum Property Standards Overhead $0 Vehicle overhead $13,872 Vehicle overhead $13,164 Overhead $1,416 Overhead $0 Appeals doct service $0 Appeals doct service $11,500 Appeals doct service $6,000 Appeals doct service $4,700 Appeals doct service $0 Legal resources $0 Legal resources $64,000 Legal resources $42,000 Legal resources $28,000 Legal resources $6,000 Demolitions $0 Demolitions $102,000 Demolitions $42,000 Demolitions $24,000 Demolitions $24,000 $0 OPTION A 2 YEARS 25 Cases year OPTION B 4 YEARS 15 Cases year $306,421 $185,584 benefits and professional fees imputers, phones, miscellaneous supplies, apparel. It does not include office space costs fuel and insurance t has provided the cost for additional legal resources estimated at $12,000 demolition. It is assumed that the City will pay for 50% of cases to be demolished. likely be recovered from the owners or the Province of New Brunswick. 98 OPTION C 6 YEARS 12 Cases year OPTION D 6 YEARS SERVICE REDUCTION 12 Cases year $117,016 $30,000 `n SCENARIO 2: VACANT BUILDINGS THAT APPLY TO CURRENT BY -LAW AND PROPOSED DERELICT BUILDINGS BY -LAW gs ly 10 additional buildings per year STATUS QUO UNLIMITED 8 Cases year No additional staffing Overhead Appeals doct service Legal resources Demolitions OPTION A 3.5 YEARS 40 Cases year $0 2 Standards Officer (Sr) 1 Asst. Bldg Inspector 1 Admin Assistant 3 $0 2 Vehicles overhead $0 Appeals doct service $0 Legal resources $0 Demolitions $0 25 Cases year OPTION B 7 YEARS $184,850 1 Standards Officer (Sr) $59,025 1 Asst. Bldg Inspector $45,248 1 Admin. Assistant 3 $29,950 Vehicle overhead $16,000 Appeals doct service $71,000 Legal resources $192,000 Demolitions $598,073 benefits and professional fees imputers, phones, miscellaneous supplies, apparel. It does not include office space costs fuel and insurance t has provided the cost for additional legal resources estimated at $12,000 demolition. It is assumed that the City will pay for 50% of cases to be demolished. likely be recovered from the owners or the Province of New Brunswick. 99 OPTION C 10 YEARS 20 Cases year $92,425 1 Standards Officer (Sr) $59,025 1 Asst Bldg Inspector $45,248 1 Admin Assistant 3 (PT) $16,776 Vehicle Overhead $10,000 Appeals doct service $63,000 Legal resources $102,000 Demolitions $388,474 $329,757 15 Cases year OPTION D 20 YEARS $92,425 1 Standards Officer (Sr) $59,025 1 Admin. Assistant 3 $22,624 $15,683 Overhead $8,000 Appeals doct service $60,000 Legal resources $72,000 Demolitions Resourc'ng Optons for Enforcement of Vacant Bu' dngs ww.sa n tiohri.ca N` JOHN' 100 Current State ApprOX. 100 vacant bui dings nt By- aW ApPr0X. 30 %app ib e to curre Enforcement focused on bujdiflg5 r demo fished 8 dangerous bui ding or repaired a s a resu t of each year by owner or City enforcement efforts 1 Standards Officer, 1 Asst Bu► ding nspector (among other duties 101 Re\few of OptOfl i 1 Scbedu e "A" Bui dings that app Y Scefl3r0 to current Unsight y remises and Dangerous Bui dings B aw P Scbedu e g Scenario 2 Buy dings that app y to current UnsiSht a Premises and Dangerous Buy dings By- proposed Dere ict Bui ding s By- aw 102 5cefl3#o Scbed "N' t� th become a hazard Bui dings tha have -ic by reason o of the pub saety unsoundness of s tructura daPd3ttOfl or s trength aflger0us) Assume: 30 buildings current Y app a n Y 7 bui dings Wi be added Status Quo No increased funding 15+ years to comp ete back og and cases coming in annua y 8 cases comp eted annua y Service de ivery improvement since by- aw updated in 2007 to incorporate changes to Municipa ities Act .sai ottri.ca s T 0 1 Opfon A $306,421 increased funding per year 2 years to comp ete back og and cases coming in annua y 25 cases comp eted annua y .sain o n.ca Opfon B $185,584 increased funding per year 4 years to comp ete back og and cases coming in annua y 15 cases comp eted annua y -sal O 106 Opfon C $117,016 increased funding per year 6 years to comp ete back og and cases coming in annua y 12 cases comp eted annua y Recommended resourcing p an for program .sain o n.ca OptOfl $30,000 increased funding per Year 6 years to comp ete back og and cases coming in annua y 12 cases comp eted annua y Minimum Property Standards program decreased by ha f for 6 y ear p eriod Contrary to Counci direction in 2005 Not recommended ain� 108 Scenaro 2 Schedu e "B" t have beCOme n or unsouss of structura s i dngs tha a hazard to the idat of the pub by reason of di ap sa fety th (da treng Bui dings that are considered dere ict unde r the po posed Dere ict Bui dings By- aw Assume 100 bui dings current y app y 10 bui.dings N►i be added annua y 109 Sceflaro 2 Schedue "B" ncreased work oad with enactment of Dere ict Bui dings By- aw rocess, inspections, notification Education, training, p ncreased case oad (100+10/Y') nce prog ram to be consdered after Maiflten3 eted back og of cases comp Estimate 1 additions Standards Officer, 1 additions Administrative Assistant 110 Status Quo No increased funding eted annua y 8 cases comp can be enfothafl More cases coming focus d be th n rus buy -dings `i`i °u, enforcement 03ge di ng r ltt.e deet buy ent sta Vey o n cu inc reased pe5sure 111 Opton A $598,073 increased funding per year 3.5 years to comp ete back og and cases coming in annua y 40 cases comp eted annua y 4 additions staff -sal O 112 Opt'on 6 $388,474 increased funding per year 7 years to comp ete back og and cases coming in annua y 25 cases comp eted annua y 3 additiona staff .sain o n.ca T JOI Opt'Or C $329,757 increased funding per y ear 10 ears to comp ete back og and gases Y coming in annua y 20casescompeted annua y 2 additiona fu time staff 1 additiona part time staff Opt'on $246,317 increased funding per year 20 years to comp ete back og and cases coming in annua y 15 cases comp eted annua y 2 additiona staff .n fl. roposed Dere ict Bui dings By- aw Continue to work with PNB for egis ative amendments Review resourcing options once amendments are made changes to by- aw may be required Resourcing options for current By- aw Refer to budget de iberations w.sa n ohn-ca 116 CO E K RE EEI CO Yours Truly, 110 Mayor and Council City of Saint John Re: Mispec Park TION As per our contractual agreement, we hereby submit our Income Statement for the 2010 year. We have included a proposed budget for operatation of the Park for the 2011 season. We have several concerns that need to be addressed; we have had serious erosion problems this winter, between the parking lot and the beach. Both sets of stairs have sustained serious structural damage. The gabion stone walls were also damaged by the very high tides. The building itself needs to be examined for structural damage. We have discussed the above noted concerns with City staff and agree that these items have to be repaired or replaced to ensure the safety of the public, before we resume operation of the park for the 2011 season. We look forward to hearing from the Mayor and Council in the very near future in regard to this matter. Should you have any questions or concerns please feel free to contact me at the phone number listed below. ;ariarrilarns Chairman Mispec Park Recreation Co 506.633.0178 itt ee Inc. January 13, 2011 3266 RED HEAD ROAD, P. O. BOX 2414, SAINT JOHN, N.B. E2L 3V9 PHONE 506-633-0/781f7AX 506-633-1620 111111111111111111111 1 1IIMI REVENUES: City of Saint John Grants Canteen Revenue Canada Day Revenue (Net) HST Rebate Donation (Kevin Buckley) Total Revenues: OPERATING EXPENSES: MISPEC PARK RECREATION COMMITTEE INC INCOME STATEMENT January 1, 2010 to December 31, 2010 Salaries $24,303.21 less reimbursements: 18.598.83 Net salary cost: Canteen Expenses (Food Casual Labour sub-contracts Equip Supplies(Cant $283.23+Maint $3,271.51) Miscellaneous Expenses Volunteer Gas Total Expenses NET INCOME: Bank Balance broueht forward January 1. 2010 BANK BALANCE AT December 31, 2010 $14,674.15 118 $31,350.00 $18,527.66 (55.56) 677.09 100.00 5,704.38 10,860.98 19,426.86 3,554.74 10,082.97 710.00 $50.599,19 $50.339.93 .$259.26 $14.414.89 Projected Revenue Provincial Federal Government Student Work Programs Canteen Total Revenue Mispec Park 2011 Proposed Operating Budget 119 $16,000.00 18,000.00 $34,000.00 Projected Expenses Salaries (a) Full Time $29,000.00 (b) Part Time 4,000.00 (c) Contributions (salary) 2500.00 Insurance 4,000.00 Canteen Stock 11,000.00 Canteen Equipment 1,000.00 Garbage Removal 1,500.00 New Garbage Bins 500.00 Cleaning Supplies 500.00 Maintenance Equipment 2,000.00 Maintenance Supplies 750.00 Fertilizer, mulch, topsoil 750.00 Misc. Expenses: safety courses, canteen telephone, flowers 1000.00 Repairs to: stairs and railings. trails) 3000.00 Repairs to: picnic tables, benches, picnic shelters 1,000.00 Sub contracts 4,000.00 WHSCC 400.00 Volunteer Expenses 1,000.00 Total Expenses $67,900.00 Projected Deficit $33,900.00 Note: Cost of Hydro, electrical hook up and plumbing to be absorbed by the City of Saint John tht op Dismal t 'mho January 14, 2011 Deputy and Councillors: Subject: Committee of the Whole Resolution Respecting Legal Services to Board of Police Commissioners The Committee of the Whole, having met on January 4, 2011, adopted the following resolution: "RESOLVED that the City Solicitor or his designate be directed to provide legal services the Board of Police Commissioners for the City of Saint John relating to the development, in conjunction with representatives of the Board of: 1. agreement(s) between the Board and the Province of New Brunswick respecting the utilization of the holding cells in the Saint John police headquarters currently under construction; 2. similar agreement(s) between the Board and other police forces within the region as required; and 3. an agreement between the Board and the City defining the terms and conditions in which the Board will occupy the said police headquarters and related City owned property; such legal services to be subject to the stipulation, accepted by the Board in its resolution of December 14, 2010 that should any dispute between the City and the Board arise with respect to the agreements in question, that the City Solicitor shall represent the City and further that any and all information acquired by the City Solicitor's Office while acting on behalf of the Board as described herein, shall be available to the City without further consent required from the Board." Sincerely, Ivan Court Mayor SAINT 1T ➢OHN PC),. 1971 Saint Vohn, N.B Canada E?L 4Li vww.:ain[Iohn. r 120 C 19.'11 ah,h,n Canada E2L 4L. HO.RST SAUERT.EIG January 12, 2011 To the Common Council of the City of Saint John Re.: Sandy Point Road Planning Study Your Worship and Councillors, satvertworci:111),svinuatico.ca HAND DELIVERED I take the liberty to copy you my letter to the City's Planning Department (PD) ofJanuary 11, 2011 wherein I put on record another request that the legal basis for the proposed selling of parts of Rockwood Park for housing developments has to be established before such transactions, which concerns park land, can take place. I feel very strongly that Common Council has to take a hand in bringing the legal aspects of housing developments along Sandy Point Road, as they are proposed in the PD's Report to Common Council (M C -2010-381) of November 18, 2010, in the open. To me, and to many other citizens who enjoy, relish and depend on RP as a place in the city for recharging one's batteries it is unacceptable that the Commissioner and some of his planners simply state that RP is the property of the City, which is correct, and that the City "can do with its land as it sees fit", for which no other reason is offered than that they say so. I am no lawyer, but as I understand the Act of 1893 and its Amendments, I doubt that the Act gives the City the right to do with the lands, which had been acquired for RP, as it sees fit. I suggest that it is time to get a Legal Opinion in this matter. Yours truly, Attached.: Copy of letter to PD dated January 11, 2011 Copy of e-mail to CC dated December 13, 2010 121 HORST SAUERTEIG 8S 130 .A Sam John., NI .13 .1 21.2 2224 phone. t ftt t:-1)1:1 sa uertwOikrib. svirma ca January 11, 2011 To the City of Saint John Att.: Planning Department (PD) Re.: Sandy Point Road Planning Study 122 HAND DELIVERED I have read your Report to Common Council (M &C 2010-381) of November 18, 2010 (the Report) concerning the above Study and offer the following comments: 1 had written you on August 31/10 on this subject and had ended the letter with a Summary of required information listing 8 items which, in my opinion, needed to be answered in order to comment on the Staff Recommendations at the end of the Report I also e-mailed a similar list of questions to Common Council (CC) on December 13/10. I attach a copy of this e-mail. I did not get a reply on either request for information, although the Report on page 2 assures CC that "staff can provide answers to any question posed". You, the Planning Department, should practice what you preach. It seems to me, but 1 am not a lawyer, that before moving into Rockwood Park (RP) with housing developments, its legality has to be determined first, probably by way of a Legal Opinion which then has to be published, so that interested parties can challenge same. In 1893 the Saint John Horticultural Association (SJHA) was incorporated by an Act of the NB Legislation for the object of establishing and maintaining public gardens etc. In 1894 this Act was amended to give the SJHA further power, and Item 2 reads: "That the said Association is hereby authorized to establish Gardens and a Park and Pleasure Resort in the City of Saint John, and to acquire for such purpose by gift, purchase, lease or otherwise, all such lands, lakes, ponds and premises as may be deemed necessary for that purpose, and to have and hold the same to said Association, its successors and assigns, forever" The language of this amendment does not limit the time span during which additional land etc. can be acquired, provided it is deemed necessary for establishing RP. I hold that such land can still be purchased today under the terms of this amendment, because the power of the SJHA flowed through to the City in 1967, as I explain below. A further Amendment to the Act in 1895 confirms that the acquisition of land is being projected into the future. In 58 Victorix, AD 1895, on page 184 it reads: "...it shall be lawful and the Directors of then Association are hereby authorized and empowered for such purposes, to execute a Mortgage upon all and singular lands and premises now owned or hereafter to be acauired by them.....". This clearly establishes that the SJHA or its successors are authorized by the Act and its amendments not only to hold forever those lands etc. which it owned in 1895, but that this applies also to all those lands which were acquired at a later date for the purpose of adding them to RP. In 1967 the SJHA conveyed ownership of RP to the City of Saint John, who as its successor now became bound by the Act of 1893 and its amendments, which include the purchase of additional land for the purpose laid out in the Act and its amendments. This was confii wed by the City Solicitor in his testimony before the Standing Committee on Private Bills on May 10, 2007 where he stated, referring to RP: "Both the City and the SJHA have always been bound by the terms of the Legislature which were that the land was to be used for the defined purposes" and "It is a very Victorian expression (to talk about public garden, a park and a pleasure resort, my insertion), but that is what we still work with today". From 1967 on the City did acquire additional lands for the purpose of adding them to RP. Such lands, I submit, were acquired subject to the conditions of the Act, to become part of RP forever (1894 Amendment), or until the Act would be amended to permit additional and different uses, such as housing developments, for specific sections of RP. Such an Amendment has not been proclaimed, and I suggest that any talk that the City "can do with its land as it sees fit" requires, in the case at hand, the above mentioned Legal Opinion to back up such an assertion, and that the legal basis for the proposed changes to RP along the Sandy Point Road (SPR) has to be agreed upon by all parties before such changes can take place. The purpose for which the City acquired land which became part of RP can be found in the resolutions of the Common Council of the day, recording if it was for the Park or for a housing development. These resolutions must be on file with the Real Estate people of the City or in the Common Clerk's office, and to refuse or disregard requests to provide the necessary information about the reason these land purchases were made does not meet the smell test. The City can not be that disorganized as to be unable to produce, in this electronic age, the records of CC resolutions in sessions some 40 years ago. I had also questioned the rationale for PD's deep "Study Zone". The only explanation I got was that "there have been requests for purchase of the land". This raises the question if this is how the PD arrives at its recommendations to CC, and this also has implications for the new RP boundary in the Report, which is vague at best. With the PD's "Study Zone" on record, will another request for the purchase of land in RP produce more PD recommendations to sell more "surplus land"? From a develper's point of view all land where a buck can be made in RP is surplus land! Furthermore, most lots along SPR are only 50 m deep, not the 150 m (492') which the Report carries. This new 150 m depth accomodates the proposed dense clusters of multi-storied apai talent buildings which are completely alien to the existing housing pattern along SPR, which presently depicts a "country atmosphere" which should be preserved (Mayor Court in CBC interviews). 123 I could belabor the other questions of my August 31/10 letter or the attached e-mail but I think I have made my point that the legal questions concerning the proposed changes to RP along SPR have to be answered first by nonpartisan person(s) with legal competence. Depending on its outcome the problem with the Howes Lake land swap, to give an example, might be off the table because no part of RP might be for sale and the "no net loss of parkland" invention in ADI's Statement of Professional Opinion can be mercifully discarded, much to the relief of those who are worried that this contaminated lake and surrounding land might adversely effect park visitors who might wrongly assume that this proposed addition to the park is safe to enjoy. Please note that my lack of discussion of other problems with the Report does not infer that I agree with the PD's Staff Recommendations. Regards, Original Signed By H. SAUERTEIG (H. Sauerteig) Attached: Copy of my e-mail to CC dated December 13/10 cc.: The Common Council of the City of Saint John The Editor of the Telegraph-Journal FORP SPRNG 124 Horst Sauertei Re.:KA&C-331 The Citys Planning and Develop Department Report (the Report) on the Sandy Point Road (SPR) Planning Study (the Study) From: "Horst O To: "Ivan Court" <ivan.court@saintjohn.ca>; "Stephen Chase" <stephen.chase@saintjohn.ca>; "Christopher Titus" <christopher.titus@saintjohn.ca>; "Bill Farren'' <bill.farren@saintjohn.ca>; "Gary Sullivan" <gary.sullivan@saintjohn.ca>; "Patty Higgins" <patty.higgins@saintjohn.ca>; 'Donnie Snook" <donnie.snook@saintjohn.ca>; "Bruce Court" <bruce.court@saintjohn.ca>; "Joe Mott" Cc: "The TJ Editor .00m> Sent: 13, 2010 10:28 AM Subject: Sandy Pont Road Planning Study To the Mayor and Councillors of the CIty of Saint John, |mubmitted on August 31, 2010 com ant to the Pl i Department (PD) conceming the above Study. A copy is attached to the Report. In it I request information on a number of subjects which I summarize on the last page of this letter. I had also requested this information in several earlier correspondence. In the Report Mr. Forrest, the Commissioner for Planning and Development, states at the end of the first paragraph of page 2 that "staff can provide answers to any questions posed". Staff probably has this capability; my problem is that to the above mentioned questions staff did not provide the answers that Mr. Forrest offers, My questions are about: a) the boundaries of parcels of Rockwood Park (RP), as they are on record at the Land Register and at Service New Brunswick, b) the namsnn, recorded in previous Common Council's resolutions, for the acquisition of parcels of land which are now part of RP, c) if staif has obtained a Legal Opinion ncerning the 1893 Act of the Legislation applying to all of RP, d) the legal status of the former Highland Company lands whicb are not on the Iist of lands conveyed to the City in 1967. e) the large depth (up to 450 m into RP) of the PD's Area of Study, which had been the result of requests to buy such lands from the City, f) if the PD asked AD1 to identify optimum use of land and ADI identified instead the maximum use of land on its own initiative, g) if permits had been obtained for the destruction of a wetland at Harrigan Lake and for the discharge of contaminated water into the |ahe, and h) how AD1 considered Howes Lake, which is fenced off because of its toxicity, for a land swap which is outside the scope of their contract. Because the PD submitted its report to Common Council (CC) without answer ueotono the �b|ico��|h��.�lsR��a��d�POs�� they say by will if CC has established the legal justification for pro edig with the proposed Amendments to the Municipal Development Plan concerning RP and the consequent zoning along SPR. As the above questions demonstrate, such a legal basis for the proposed amendments has presently not been established. Furthermore, the Report does not clearly state if the proposed new boundaries for RP are the final ones within which the terms of the 1893 Act apply, or if in the future the City can be approached again and comply with requests to sell additional sections of RP until most of RP is sold and only Howes Lake and some other trouble spots remain which are of no value to developers; all to the detriment not only of those who can not afford to travel to distant lands for a vacation and who depend on RP instead, but to all those who for many different reasons use and cherish RP. Yours truly, Horst Sauerteig 125 l/}2/20}1 Words Walks and Workshops David Goss 21 Glenwood Drive Saint John, E2M 5P3 Mayor Ivan Court and members of Common Council Ladies and Gentleman, Over the past several months there has been considerable controversy over the proposal of the council to make portions of Rockwood Park available for housing. I know there is a dispute over whether the land is actually parkland and I can't answer that, but it is my firm belief that the decisions being made will impact what is parkland negatively. 1 have, when employed by the City of Saint John in the Recreation field, and since beginning my own business in 1996, held many public events in Rockwood Park, and have shared its history with thousands over the period from 1980 until today. I have done extensive research on the park, and its uses over the decades. I have never seen an instance where land in the area of the park was bought for the city for any purpose other than to expand the boundaries of the park. It is foolish to say that the present council has more wisdom that past councils and has a better idea of the public's desires for the parkland than men and women of the past have had. Somehow, nothing has been learned from the past. For example, when the park was first established, the Horticultural Association had to expropriate the Gilbert family property in order to have control of the Lily Lake. Now, it seems council would do the opposite; sell, and lose control of the parkland. In 1936, the Horticultural Association accepted a gift from the Drury Family of 450 acres of parldand. D. King Hazen, managing director of the Association at the time, said it would be known as the Drury Grant, and two lakes on the and were to be known as Drury's Lake and Drury's Long Lake. Drury did not give the land for subdivision development. no one had even thought of subdivisions at that time. The land was to be used for recreational use, even though there was nothing much in the area but wilderness, the Association was delighted to get the land and add it to the park's land bank. Sadly, as so often has happened in Rockwood, the intent of Hazen was forgotten, the Drury name is not perpetuated in the lake's names, and now, council has permitted destruction of portions of the Drury lands, the obliteration of trails on those lands, and now wants to further encroach with high rises. Drury must feel very betrayed by the goings on! In the 50's large portions of the park were sold off at the entrance to allow the building of a school and streets such as Highwood and Rocky Terrace which have severed the parkland, and created a huge gap, between the Horticultural Gardens and the new entryway. It has cost the taxpayers millions of dollars to redo an entryway which would have been perfectly adequate if these lands had been retained and there was continuity between the portions of the park. In 1966, the city undertook a major expansion of the park attractions at Fisher Lakes. Sadly, budget cut after budget cut has left the area with few of the attractions that were there when it opened as a Centennial project in 1967. The area is so far removed from its original intent that it would not be recognized nationally for "excellence in Urban environment" today, and would not stand a chance to win the Vincent Massey Award as was the case in 1967. For over the years, council has allowed the loss of the ski hill, loss of the children's faun, and there are no paddleboats or Kingfisher rides on the lake, no ornamental walkway lamps beside the lake, no decorative entryway sign, no Tally Ho rides; the adventure playground was torn down and the lobster boat broken up. All these attractions have been lost through lack of adequate funding, and thus cannot be enjoyed by our citizens. Its clear that Council over the years has not appreciated the park's amenities, and time and again has not provided the level of funding needed to give the citizens a first rate park. To further cut land out is to continue this devaluation of the area as a prime recreational asset. I do hope council will consider this matter with care and stand up and say, "enough is enough". The electorate do not want council to diminish the park in any way. What they want is for you to build on what the 127 citizens of the past fought so hard to establish, and what citizens of the past gave to be enjoyed and council should not diminish the park by one spoonful of earth being sold off. I will not repeat all the many arguments you have heard from the Friends of Rockwood Park, but do encourage you to really study them. .the group has nothing to gain personally, nor do they any vested interest, or an axe to grind, nor a particular dislike of council, but are acting for the protection of one of the leading reasons why people find Saint John a very attractive place to live. I know you do not think your actions diminish the city in any way, but they do, they are, and they will if you follow through. .c 128