2012-02-13_Agenda Packet--Dossier de l'ordre du jour4
City of Saint John
Common Council Meeting
Monday, February 13, 2012
Committee of the Whole
Each of the following items, either in whole or in part, is able to be discussed in private
pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee
will make a decision(s) in that respect in Open Session:
1. Call to Order
5:00 P.M. 8th Floor Boardroom
1.0(a,b,c,d) Approval of Minutes 10.2(4)
1.1 Employment Matter 10.2(4)(b,j)
1.2 Legal Matter 10.2(4)(c)
1.3 Land Matter 10.2(4)(d)
1.4 Employment Matter 10.2(4)0)
1.5 Personnel and Financial Matter 10.2(4)(b,c)
1.6 Financial Matter 10.2(4)(c)
1.7 Personnel and Employment Matter 10.2(4)(b,j)
1.8 Land Matter 10.2(4)(d)
Regular Meeting
Si vous avez besoin des services en frangais pour une reunion de Conseil Communal,
veuillez contacter le bureau de la greffiere communale au 658 -2862.
1. Call to Order — Prayer
7:00 P.M. Council Chamber
2. Approval of Minutes
2.1 Approval of Minutes - January 16, 2012
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Frank Rodgers Letter (Recommendation: Receive for Information)
5.2 Organ Donor Program Request to Present (Recommendation: Refer to the
Clerk to Schedule)
5.3 Uptown Saint John re: Congestion Levy /Fee (Recommendation: Receive for
Information)
5.4 Saint John Ability Advisory Committee Letter re: Transportation
(Recommendation: Refer to Transit Commission)
5.5 Land Acquisition - 411 Rothesay Avenue portion of PID 55145049
(Recommendation in report)
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5.6 Medium Voltage Motor Control Centre - Musquash Water Pumping Station
(Recommendation in report)
5.7 Saint John Water - 2011 Annual Water Report (Recommendation in report)
5.8 Saint John Industrial Parks Request to Present (Recommendation: Refer to
Common Clerk to schedule)
5.9 Replacement Packer Truck (Recommendation in report)
5.10 John Howard Society of New Brunswick letter (Recommendation: Receive
for Information)
6. Members Comments
7. Proclamation
7.1 Amateur Radio Week - The week of February 13th, 2012
7.2 Freedom to Read Zone Week - February 26th to March 3rd, 2012
7.3 Heritage Week February 13th to 20th and Heritage Day February 20th, 2012
7.4 YMCA Strong Kids Month - February 15th to March 15th, 2012
8. Delegations / Presentations
9. Public Hearings
7:00 P.M.
9.1 Proposed Stop Up and Close - Ludlow Street
10. Consideration of By -laws
10.1 Third Reading Proposed Zoning By -Law Amendment 3795 Loch Lomond
Rd
10.2(a) Third Reading Proposed Zoning By -Law Amendment 67 Loch Lomond
Rd
10.2(b) Section 39 Conditions
11. Submissions by Council Members
11.1 Pension Reform Advocacy Plan (Councillor McGuire)
11.2 Defined Contribution Plan (Councillor Sullivan)
11.3 Worst Case Scenario Budget Plan (Councillor Sullivan)
11.4 City Hall Cost Reductions to Cover 6.4 Million Dollar Deficit (Councillor
Higgins)
12. Business Matters - Municipal Officers
12.1 City Manager: Chesley Drive - Sanitary Lift Station 10A, Force Main &
Sewer
12.2 City Manager: Demolition of a Hazardous Building at 1355 Golden Grove
Rd
12.3 City Manager: Saint John Water - 2011 Annual Wastewater Report
12.4 City Manager: Revised Digital Geographic Information Distribution Policy
12.5 City Manager: Implementation of 2012 Operating Budget re Planning Fees
12.6 City Manager: Implementation of 2012 Operating Budget Heritage Reforms
12.7 City Manager: Traffic Calming Policy
13. Committee Reports
13.1 Committee of the Whole: Policy Direction and Business Practices
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Adjournment
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The City of Saint John
Seance du conseil communal
Le lundi 13 f6vrier 2012
Comit6 pl6nier
Chacun des points suivants, en totalit6 on en partie, pent faire l'objet d'une discussion en
priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
Conseil /Comit6 prendra une ou des decisions a cet 6gard an cours de la seance publique
1. Ouverture de la s6ance
17 h - Salle de conf6rence du 8e &age
1.0 (a, b, c et d) Approbation du proc&s- verbal — paragraphe 10.2(4)
1.1 Question relative a 1'emploi — alin6as 10.2(4)b) et j)
1.2 Question juridique — alin6a 10.2(4)c)
1.3 Question relative aux biens -fonds — alin&a 10.2(4)d)
1.4 Question relative a 1'emploi — alin6a 10.2(4)j)
1.5 Question relative au personnel et question financiere — alin&as 10.2(4)b) et c)
1.6 Question financiere — alin6a 10.2(4)c)
1.7 Question relative au personnel et a 1'emploi — alin&as 10.2(4)b) et j)
1.8 Question relative aux biens -fonds — alin6a 10.2(4)d)
Seance ordinaire
Si vous avez besoin des services en frangais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffi&e communale au 658 -2862.
1.Ouverture de la s6ance, suivie de la priere
19 h Salle du conseil
2. Approbation du proces- verbal
2.1 Approbation du proces- verbal de la s6ance tenue le 16 janvier 2012
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Lettre de Frank Rodgers (recommandation : accepter a titre informatif)
5.2 Demande pr6sent6e par le Programme de dons d'organe visant a se pr6senter
devant le conseil (recommandation : transmettre a la greffiere pour qu'une date de
pr6sentation soit fix6e)
5.3 Uptown Saint John: p6age de congestion (recommandation : accepter a titre
informatif)
5.4 Lettre du Saint John Ability Advisory Committee concernant le transport
(recommandation : transmettre a la Commission des transports)
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5.5 Acquisition d'une parcelle de terrain situee au 411, avenue Rothesay portant le
NID 55145049 (recommandation figurant au rapport)
5.6 Centre de commande de moteurs a moyenne tension — Poste de pompage de
1eau de Musquash (recommandation figurant au rapport)
5.7 Rapport annuel de 2011 relatif au reseau d'aqueduc de Saint John Water
(recommandation figurant au rapport)
5.8 Demande de Saint John Industrial Parks en vue de faire une presentation
devant le conseil (recommandation : transmettre a la greffi&re communale pour
qu'une date de presentation soit fixee)
5.9 Remplacement d'un carrion compacteur (recommandation figurant au rapport)
5.10 Lettre de la John Howard Society of New Brunswick (recommandation
accepter a titre informatif)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Semaine de la radio amateur — Semaine du 13 fevrier 2012
7.2 Semaine de lecture en toute libert& — Du 26 fevrier au 3 mars 2012
7.3 Semaine du patrimoine du 13 au 20 fevrier et Fete du patrimoine le
20 fevrier 2012
7.4 Mois de la campagne YMCA Pour nos enfants — Du 15 fevrier au
15 mars 2012
8. Delegations et presentations
9. Audiences publiques
19h
9.1 Projet de modification de 1'Arret6 concernant la fermeture et le barrage de
routes — rue Ludlow
10. Etude des arretes municipaux
10.1 Troisieme lecture du projet de modification de 1'Arret6 de zonage visant le
3795, chemin Loch Lomond
10.2a) Troisieme lecture du projet de modification de 1'Arrete de zonage visant le
67, chemin Loch Lomond
10.2b) Conditions impos&es par Particle 39
11. Interventions des membres du conseil
11.1 Plan d'action relatif a la reforme du regime de retraite (conseiller McGuire)
11.2 Regime a cotisations d&termin&es (conseiller Sullivan)
11.3 Plan budgetaire — scenario de la pire &ventualit& (conseiller Sullivan)
11.4 Reduction des couts de 1'H6te1 de ville pour compenser le deficit de
6,4 millions de dollars (conseiller Higgins)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Directeur general : promenade Chesley — station de rel&vement no 10A,
conduite d'eau principale et &gout sanitaire
12.2 Directeur general : demolition d'un batiment dangereux situ& au 1355,
chemin Golden Grove
12.3 Directeur general : rapport annuel de 2011 relatif au reseau d'aqueduc de
Saint John Water
12.4 Directeur general : politique r&vis&e concernant la diffusion de 1'information
geographique numerique
12.5 Directeur general : mise en oeuvre du budget d'exploitation 2012 — frais
d'urbanisme
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12.6 Directeur g6n6ral : mise en oeuvre du budget d'exploitation 2012 — r6formes
concernant le patrimoine
12.7 Directeur g6n6ral : politique visant a ralentir la circulation
13. Rapports deposes par les comites
13.1 Comit6 pl6nier : orientations strat6giques et pratiques commerciales
14. Etude des sujets ecart6s des questions soumises a Papprobation du conseil
15. Correspondance generale
16. Lev6e de la seance
0
2.t
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COMMON COUNCILICONSEIL COMMUNAL
JANUARY 16, 2012/LE 16 JANVIER 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JANUARY 16, 2012 — 7:40 P.M.
Present:
Ivan Court, Mayor
Deputy Mayor Chase and Councillors Court, Farren, Higgins,
McGuire, Norton, Snook, and Sullivan
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; K. Rice, Deputy
Commissioner of Municipal Operations; K. Forrest,
Commissioner of Planning and Development; A. Poffenroth,
Deputy Commissioner of Buildings and Inspection Services;
M. King, Police Staff Sergeant; K. Clifford, Acting 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 16 JANVIER 2012 A 19 H 40
Sont presents :
Ivan Court, maire
le maire suppleant Chase et les conseillers Court, Farren,
McGuire, Norton, Snook, Sullivan et la conseillere Higgins
-et -
P. Woods, directeur general; J. Nugent, avocat municipal;
G. Yeomans, commissaire aux finances et tresorier; K. Rice,
commissaire aux Operations municipales; K. Forrest,
commissaire au service Urbanisme et developpement;
A. Poffenroth, commissaire adjoint aux Services d'inspection et
des batiments; M. King, sergent d'etat -major du Service de
police; K. Clifford, chef du service d'incendie par interim;
E. Gormley, greffiere communale, et J. Taylor, greffier communal
adjoint.
1. Call To Order — Prayer
Mayor Court called the meeting to order and he offered the opening prayer
1. Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Court, lequel recite la priere d'ouverture.
2. Approval of Minutes
2.1 Minutes of December 5, 2011
On motion of Councillor McGuire
Seconded by Councillor Sullivan
RESOLVED that the minutes of the meeting of
Common Council, held on December 5, 2011, be approved.
Question being taken, the motion was carried.
2. Approbation du proces- verbal
2.1 Proces- verbal de la seance tenue le 5 decembre 2011
Proposition du conseiller McGuire
Appuyee par le conseiller Sullivan
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 5 decembre 2011 soit approuve.
A I'issue du vote, la proposition est adoptee.
D
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 16, 2012/LE 16 JANVIER 2012
2.2 Minutes of December 12, 2011
On motion of Councillor McGuire
Seconded by Councillor Sullivan
RESOLVED that the minutes of the meeting of
Common Council, held on December 12, 2011, be approved.
Question being taken, the motion was carried.
2.2 Proces- verbal de la seance tenue le 12 decembre 2011
Proposition du conseiller McGuire
Appuyee par le conseiller Sullivan
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 12 decembre 2011 soit approuve.
A Tissue du vote, la proposition est adoptee.
2.3 Minutes of December 19, 2011
On motion of Councillor McGuire
Seconded by Councillor Sullivan
RESOLVED that the minutes of the meeting of
Common Council, held on December 19, 2011, be approved.
Question being taken, the motion was carried.
2.3 Proces- verbal de la seance tenue le 19 decembre 2011
Proposition du conseiller McGuire
Appuyee par le conseiller Sullivan
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 19 decembre 2011 soit approuve.
A Tissue du vote, la proposition est adoptee.
3. Approval of Agenda
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that the agenda of this meeting with
the addition of items 9.1 Proposed By -Law Amendment Stop Up and Close a Portion of
Water Street; 9.2 Proposed By -Law Amendment Stop up and Close a Portion of Prince
William Street and 13.2 Committee of the Whole: Pension Reform Fees for the Period
Ended November 30, 2011, be approved.
Question being taken, the motion was carried.
3. Adoption de I'ordre du jour
Proposition du conseiller Farren
Appuyee par le conseiller Norton
RESOLU que I'ordre du jour de la presente reunion
soit adopte, moyennant I'ajout des points 9.1 Projet de modification de I'Arrete
concernant la fermeture et le barrage de routes — Tronron de la rue Water; 9.2 Projet de
modification de I'Arrete concernant la fermeture et le barrage de routes — Trongon de la
rue Prince William et 13.2 Comite plenier : Frais relatifs a la reforme du regime de
retraite pour la periode se terminant le 30 novembre 2011.
A ('issue du vote, la proposition est adoptee.
3.1 2012 General Fund Operating Budget
The City Manager suggested that Council table the 2012 General Fund Operating
Budget until a later date, noting that some Council members requested that he provide
Council with a contingency plan outlining how the budget will be adjusted should the
Province of New Brunswick not approve the proposed pension plan amendments.
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COMMON COUNCILICONSEIL COMMUNAL
JANUARY 16, 2012/LE 16 JANVIER 2012
On motion of Councillor Sullivan
Seconded by Councillor McGuire
RESOLVED that the 2012 General Fund Operating
Budget be tabled and the City Manager be directed to provide Council with a
contingency plan which outlines how the budget will be adjusted should the Province of
New Brunswick not approve the proposed pension plan amendments.
Question being taken, the motion was carried.
3.1 Budget de fonctionnement du fonds d'administration de 2012
Le directeur general suggere que le conseil reporte le budget de fonctionnement du
fonds d'administration de 2012 a une date ulterieure et it fait remarquer que certains
membres du Conseil lui ont demande de fournir au Conseil un plan d'urgence precisant
les rajustements dont ferait ('objet le budget dans le cas ou la Province du
Nouveau- Brunswick n'approuverait pas les modifications proposees au regime de
retraite.
Proposition du conseiller Sullivan
Appuyee par le conseiller McGuire
RESOLU que le budget de fonctionnement du
fonds d'administration de 2012 soit reporte et que le directeur general soit charge de
fournir au Conseil un plan d'urgence precisant les rajustements dont ferait ('objet le
budget dans le cas ou la Province du Nouveau - Brunswick n'approuverait pas les
modifications proposees au regime de retraite.
A ('issue du vote, la proposition est adoptee.
9. Public Hearings
The public hearing began at 1:4U p.m. -1-he Mayor notes that start advised those
members of the public that were in attendance at 7:00p.m. in the Council Chamber that
the public hearings would begin later than scheduled.
9.1 Proposed By -Law Amendment Stop Up and Close a Portion of Water Street
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed by -law amendment to stop -up and close a portion of Water Street, by
adding thereto Section 221 immediately after Section 220 thereof, with no objections
received.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with Rick Turner of Hughes Surveys indicating that he was in agreement
with the staff report and the recommendation of the Planning Advisory Committee.
On motion of Councillor Farren
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled, "A By -Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John ",
regarding a portion of Water Street by adding thereto Section 221 immediately after
Section 220 thereof, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John ".
On motion of Councillor Sullivan
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A By -Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John ",
regarding a portion of Water Street by adding thereto Section 221 immediately after
Section 220 thereof, be read a second time.
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COMMON COUNCILICONSEIL COMMUNAL
JANUARY 16, 20121LE 16 JANVIER 2012
Question being taken, the motion was carried
Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John"
9. Audiences publiques
L'audience publique debute .119 h 40. Le maire fait remarquer que le personnel a
informe les membres du public qui etaient presents a 19 h dans la salle du conseil que
les audiences publiques commenceraient plus tard que I'heure initialement prevue.
9.1 Projet de modification de I'Arrete concernant la fermeture et le barrage de
routes — tronron de la rue Water
La greffiere communale indique que les avis requis ont ete publies relativement au projet
de modification de I'Arrete concernant la fermeture et le barrage de routes — trongon de
la rue Water, et par I'ajout de I'article 221 a la suite de Particle 220, et qu'aucune
opposition n'a ete revue.
Le maire invite le public a exprimer son opposition quant a la modification proposee,
mais personne ne prend la parole.
Le maire invite les membres du public a exprimer leur appui quant a la modification
proposee. Rick Turner, de Hughes Surveys, se prononce en faveur du rapport du
personnel et de la recommendation du Comite consultatif d'urbanisme.
Proposition du conseiller Farren
Appuyee par le conseiller Sullivan
RESOLU que I'arrete intitule « Arrete sur
l'interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant un trongon de la rue Water par I'ajout de Iarticle 221 a la suite de
Iarticle 220, fasse ('objet d'une premiere lecture.
A I'Issue du vote, la proposition est adoptee.
Premiere lecture par titre de I'arrete intitule o Arrete sur ('interruption de la circulation et
la fermeture des routes dans The City of Saint John ».
Proposition du conseiller Sullivan
Appuyee par le conseiller Farren
RESOLU que I'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant un troncon de la rue Water par I'ajout de ('article 221 a la suite de
Iarticle 220, fasse ('objet d'une deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de I'arrete intitule « Arrete sur ('interruption de la circulation et
la fermeture des routes dans The City of Saint John ».
9.2 Proposed By -Law Amendment Stop up and Close a Portion of Prince
William Street
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed by -law amendment to stop -up and close a portion of Prince William Street,
by adding thereto Section 222 immediately after Section 221 thereof, with no objections
received.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
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COMMON COUNCILICONSEIL COMMUNAL
JANUARY 16, 20121LE 16 JANVIER 2012
The Mayor called for members of the public to speak in favour of the proposed
amendment with Rick Turner of Hughes Surveys indicating that he was in agreement
with the staff report and the recommendation of the Planning Advisory Committee.
On motion of Councillor Farren
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled, "A By -Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John,"
regarding a portion of Prince William Street by adding thereto Section 222 immediately
after Section 221 thereof, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and
Closing of Highways in The City of Saint John ".
On motion of Councillor Farren
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled, "A By -Law
Respecting the Stopping Up and Closing of Highways in The City of Saint John,"
regarding a portion of Prince William Street by adding thereto Section 222 immediately
after Section 221 thereof, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up
and Closing of Highways in The City of Saint John".
9.2 Projet de modification de I'Arrete concernant la fermeture et le barrage de
routes -- Trongon de la rue Prince William
La greffiere communale indique que les avis requis ont ete publies relativement au projet
de modification de I'Arrete concernant la fermeture et le barrage de routes — trongon de
la rue Prince William, et par I'ajout de I'article 222 A la suite de I'article 221, et qu'aucune
opposition n'a ete reque.
Le maire invite le public a exprimer son opposition quant a la modification proposee,
mais personne ne prend la parole.
Le maire invite Ies membres du public A exprimer leur appui quant a la modification
proposee. Rick Turner, de Hughes Surveys, se prononce en faveur du rapport du
personnel et de la recommandation du Comite consultatif d'urbanisme.
Proposition du conseiller Farren
Appuyee par le conseiller Sullivan
RtSOLU que 1'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant un trongon de la rue Prince William par I'ajout de I'article 222 a la suite de
I'article 221, fasse I'objet d'une premiere lecture.
A Tissue du vote, la proposition est adoptee.
Premiere lecture de I'arrete intitule « Arrete sur ('interruption de la circulation et la
fermeture des routes daps The City of Saint John ».
Proposition du conseiller Farren
Appuyee par le conseiller Sullivan
R�SOLU que I'arrete intitule « Arrete sur
1'interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant un trongon de la rue Prince William par I'ajout de I'article 222 A la suite de
I'article 221, fasse ('objet dune deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture de I'arrete intitule « Arrete sur ('interruption de la circulation et la
fermeture des routes dans The City of Saint John ».
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COMMON COUNCIL/CONSEIL COMMUNAL
JANUARY 16, 2012/LE 16 JANVIER 2012
4. Disclosures of Conflict of Interest
4. Divulgations de conflits d'interets
5. Consent Agenda
5.1 That the request to present by the Saint John Port Authority be referred to the
Common Clerk for scheduling.
5.2 That as recommended by the Common Clerk in the report entitled Saint John
Information Management (SJIM) Update that notwithstanding the City's Procurement
Policy for engagement of professional services, LNW Consulting continue to provide
project specific information management services to the Saint John Information
Management project as noted in the submitted report not to exceed $100,000, and
further that Stephanie Woods continue to provide project specific information
management services to the Saint John Information Management project not to exceed
$29,650, and that the Mayor and Common Clerk execute the necessary documents.
5.3 That the letter from Nancy Lawton regarding a congestion tax be received for
information.
5.4 That as recommended by the City Manager in the submitted report M &C
2012 -005: Harbour Cleanup Lift Station # 7 Union Street Near Courtenay Bay
Causeway, Common Council directs that Harbour Clean -Up SLS # 7 be constructed
upon City land fronting Union Street, as generally illustrated on the Crandall Engineering
preliminary drawing # 1080 -1 P -DOT and attached to M &C 2012 -005.
5.5 That as recommended by the City Manager in the submitted report M &C
2012 -006: Harbour Cleanup Brunswick News Inc 210 Crown St PID 17426 that:
1. The City of Saint John acquire from Brunswick News Inc. an easement for municipal
services through a portion of PID # 00017426 (900 square metres) for the sum of
$67,632.00 (plus HST if applicable), upon the terms and conditions contained in the
"Memorandum of Understanding" attached to M &C 2012 -006 and,
2. That the Mayor and Common Clerk be authorized to sign all necessary
documentation.
5.6 That as recommended by the City Manager in the submitted report M &C
2012 -008: Harbour Cleanup Lift Station 28 Stop Up and Close Portion of Ludlow Street:
1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up
and Close a 676 square metre t portion of a public street known as Ludlow Street, be
set for Monday February 13, 2012 7:00 p.m. in the Council Chamber, and,
2. That Common Council orders the publishing of a notice of its intention to consider the
passing of such By -Law pursuant to section 187(6)(b) of the Municipalities Act.
5.7 That as recommended by the City Manager in the submitted report M &C
2012 -007: Harbour Cleanup Lift Station 7a Stop up and Close Portion of King Street
East:
1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up
and Close a 53 square metre ± portion of a public street known as King Street East, be
set for Monday January 30, 2012 7:00 p.m. in the Council Chamber, and,
2. That Common Council orders the publishing of a notice of its intention to consider the
passing of such By -Law pursuant to section 187(6)(b) of the Municipalities Act.
5.8 That as recommended by the City Manager in the submitted report M &C
2012 -010: Harbour Cleanup Lift Station #6 Municipal Operations Yard — Off Rothesay
Ave PID 19224 that Common Council directs that Harbour Clean -Up SLS # 6 be
constructed upon City land off Rothesay Avenue, as generally illustrated on the Crandall
Engineering preliminary drawing Sheet # 2 of 15 dated December 19, 2011 and attached
to M &C 2012- 010.
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COMMON COUNCILICONSEIL COMMUNAL
JANUARY 16, 20121LE 16 JANVIER 2012
5.9 That the report M &C 2012 -004: Public Information Session: Milford Road
Sanitary Lift Station #32 and Tippett Drive Sanitary Lift Station #33 & Force Main
Installation — Harbour Clean -Up Construction Project that be received for information.
5.10 That as recommended by the City Manager in the submitted report M &C
2012 -11: Masonry Repairs — Saint John City Market Tower the tender for the masonry
repairs at the Saint John City Market Tower be awarded to the low bidder, Fundy
Masonry Ltd., at the tendered amount of $45,500.00 plus a 20% contingency allowance,
totaling $54,600.00 (excluding HST).
5.11 That the report entitled Replacement Packer Truck be received for information.
On motion of Councillor McGuire
Seconded by Councillor Sullivan
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried
5. Questions soumises a I'approbation du conseil
5.1 Que la demande soumise par I'Administration portuaire de Saint John visant a se
presenter devant le conseil soit transmise a la greffiere communale pour qu'elle fixe une
date de presentation.
5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule
Mise a jour concernant le projet relatif a la gestion de !'information de Saint John,
nonobstant la politique d'approvisionnement de la Ville relativement au recours a des
services professionnels, la societe LNW Consulting continue a fournir des services de
gestion des renseignements se rapportant aux projets dans le cadre du projet relatif a la
gestion de ('information de Saint John comme cela est mentionne dans le rapport
soumis, pour une somme n'excedant pas 100 000 $, et en outre que Stephanie Woods
continue a fournir des services de gestion des renseignements se rapportant aux projets
dans le cadre du projet relatif a la gestion de ('information de Saint John, pour une
somme ne depassant pas 29 650 $. En outre, it est resolu que le maire et la greffiere
communale soient autorises a signer les documents necessaires.
5.3 Que la lettre de Nancy Lawton concernant une taxe de congestion soit acceptee
a titre informatif.
5.4 RtSOLU que, comme le recommande le directeur general dans le rapport
soumis intitule WC 2012 -005: Station de relevement n° 7 dans le cadre du nettoyage du
port — rue Union, pres de la route surelevee Courtenay Bay, le conseil communal
ordonne que la construction de la station de relevement n° 7 se fasse sur le terrain
municipal donnant sur la rue Union, comme le montre de maniere generale le dessin
preliminaire n° 1080 -1 P -DOT realise par la societe Crandall Engineering et joint au
rapport M/C 2012 -005.
5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -006: Nettoyage du port, Brunswick News Inc. — 210, rue Crown (NID
n° 17426) :
1. The City of Saint John acquiere une emprise aux fins de services municipaux sur une
parcelle d'une superficie d'environ 900 metres carres du bien -fonds portant le
NID 00017426, Brunswick News Inc., pour la somme de 67 632 $, TVH en sus le cas
echeant, conformement aux modalites enoncees dans le protocole d'entente jointe au
rapport M/C 2012 -006;
2. le maire et la greffiere communale soient autorises a signer la documentation requise.
5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -008: Station de relevement n° 28 dans le cadre du nettoyage du port —
fermeture et barrage de routes : trongon de la rue Ludlow:
1. ('audience publique, relative a I'adoption d'un arrete visant a fermer et a barrer une
partie d'une rue publique d'une superficie approximative de 676 metres carres, connue
sous le nom de rue Ludlow, soit tenue le lundi 13 fevrier 2012, a 19 h, dans la salle du
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conseil;
2_ le conseil communal autorise la publication d'un avis indiquant son intention d'adopter
un tel arrete un tel arrete en vertu de I'alinea 187(6)b) de la Loi sur les municipalites.
5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2012 -007: Station de relevement no 7 daps le cadre du nettoyage du port —
fermeture et barrage de routes : trongon de la rue King Est:
1. I'audience publique, relative a I'adoption d'un arrete visant a fermer et a barrer une
partie d'une rue publique d'une superficie approximative de 53 metres carres, connue
sous le nom de rue King Est, soit tenue le lundi 30 janvier 2012, a 19 h, dans la salle du
conseil;
2. le conseil communal autorise la publication d'un avis indiquant son intention d'adopter
un tel arrete un tel arrete en vertu de I'alinsa 187(6)b) de la Loi sur les municipalites.
5.8 RESOLU que, comme le recommande le directeur general dans le rapport
soumis intitule M/C 2012 -010: Station de relevement no 6 dans le cadre du nettoyage du
port — terrain des Services des operations municipales donnant sur 1'avenue Rothesay
(N1D no 19224), le conseil communal ordonne que la construction de la station de
relevement no 6 dans le cadre du nettoyage du port se fasse sur le terrain municipal
situe A proximite de I'avenue Rothesay, comme le montre de maniere generale le dessin
preliminaire (feuille 2 de 15) realise par la societe Crandall Engineering en date du 19
decembre 2011 et joint au rapport M/C 2012 -010.
5.9 Que le rapport intitule M/C 2012 -004 : Seance informative publique : installation
de la conduite d`eau principale a la station de relevement no 32 du chemin Milford et a la
station de relevement no 33 de la promenade Tippett -- projet de construction et de
nettoyage du port soit accepte A titre informatif.
5.10 Que, comme le recommande le directeur general daps le rapport soumis intitule
M/C 2012 -11 : Reparations en magonnerie — tour du marche municipal de The City of
Saint John, le contrat relatif aux reparations en magonnerie — tour du marche municipal
de The City of Saint John, soit accords au soumissionnaire le moins - disant, A savoir
Fundy Masonry Ltd., au prix offert de 45 500 $, plus 20 % (fonds pour eventualites),
donnant au total 54 600 $ (TVH en sus).
5.11 Que le rapport presents intitule Remplacement d'un carrion compacteur soit
accepte A titre informatif_
Proposition du conseilier McGuire
Appuyee par le conseiller Sullivan
RESOLU que la recommandation formulse pour
chacune des questions soumises a I'approbation du conseil soit adoptee.
A Tissue du vote, la proposition est adoptee.
6. Members Comments
Council members commented on various community events.
6. Commentaires presentes par les membres
Les membres du conseil s'expriment sur diverses activitss communautaires.
7. Proclamation
7.1 Family Literacy Day
The mayor proclaimed January 27th. 2012 as Family Literacy Day in the City of Saint
John.
7. Proclamation
7.1 Journee de ('alphabetisation familiale
Le maire declare le 27 janvier 2012 Journee de I'alphabetisation familiale dans The City
of Saint John.
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8. Delegations /Presentations
8. Delegations et presentations
10. Consideration of By -laws
10.1 Third Reading— Business Improvement Levy By -Law
On motion of Councillor Farren
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled, "A Law to
Amend By -Law Number BIA -2 Business Improvement Levy By- Law ", by applying a levy
of 16 cents for each one hundred dollars of assessed value for 2012, be read.
Question being taken, the motion was carried.
The by -law entitled, "A Law to Amend By -Law Number BIA -2 Business Improvement
Levy By- Law ", was read in its entirety.
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that the by -law entitled, "A Law to
Amend By -Law Number BIA -2 Business Improvement Levy By- Law", by applying a levy
of 16 cents for each one hundred dollars of assessed value for 2012, be read a third
time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled, "A Law to Amend By -Law Number BIA -2
Business Improvement Levy By- Law ".
10. Etude des arretes municipaux
10.1 Troisieme lecture de I'Arrete concernant la contribution pour I'am6lioration
des affaires
Proposition du conseiller Farren
Appuyee par le conseiller Sullivan
RESOLU que I'arret6 intitul6 « Arrete n° BIA -2
modifiant I'Arret6 concernant la contribution pour I'am6lioration des affaires », visant A
imposer une contribution de 16 cents par tranche de cent dollars de la valeur imposable
pour 2012, fasse ('objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
L'arrete intitule « Arrete modifiant I'Arrete No BIA -2, Arrete concernant la contribution
pour I'am6lioration des affaires » est lu int6gralement.
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
R�SOLU que I'arrete intitule « Arrete modifiant
I'Arret6 No BIA -2, Arrete concernant la contribution pour I'am6lioration des affaires >>,
visant A imposer une contribution de 16 cents par tranche de cent dollars de la valeur
imposable pour 2012, fasse I'objet d'une troisieme lecture, qu'il soit 6dict6 et que le
sceau communal y soit appose.
A ('issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arret6 intitule « Arrete n° BIA -2 modifiant I'Arret6
concernant la contribution pour I'am6lioration des affaires ».
(Deputy Mayor Chase withdrew from the meeting)
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10.2(a) PlanSJ Public Hearing Supplementary Report
10.2(b) First and Second Reading — Municipal Plan By -Law
10.2(c) Municipal Plan
10.2(d) Municipal Plan Adoption Response to Public Feedback Presentation
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed Municipal Plan By -Law of The City of Saint John.
Referring to a submitted report and presentation, Jacqueline Hamilton, Deputy
Commissioner of Planning and Development, outlined the planning department's
responses to the feedback that was received on the proposed new Municipal Plan.
The City Solicitor stated that the Community Planning Act has established a mandatory
process associated with the adoption of by -laws requiring a public hearing. He explained
that a key feature of this process is that the opportunity provided to citizens to speak in
favour of, or in objection to, the proposed by -law expires at the conclusion of the public
hearing. He advised that any representations concerning the proposed by -law that may
have been made to Council members subsequent to December 12`h, 2011 public
hearing must not be considered, noting that the legitimacy of the process, and the
effectiveness of the by -law, could be jeopardized.
On motion of Councillor McGuire
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled, "By -Law
Number C.P. 106 Municipal Plan By -Law", is hereby adopted and that the submitted
document entitled "City of Saint John Municipal Plan ", forms a part hereof as Schedule
"A ", constituting the Municipal Plan, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "By -Law Number C.P 106 Municipal Plan
By -Law."
On motion of Councillor McGuire
Seconded by Councillor Court
RESOLVED that the proposed by -law entitled
"Municipal Plan By -Law of The City of Saint John" be amended to incorporate
amendments detailed in Attachment B of the submitted report entitled "PlanSJ Public
Hearing Supplementary Report", to respond to input received during the Plan adoption
process.
Question being taken, the motion was carried.
On motion of Councillor McGuire
Seconded by Councillor Court
RESOLVED that the by -law entitled, "By -Law
Number C.P. 106 Municipal Plan By- Law ", is hereby adopted and that the submitted
document entitled "City of Saint John Municipal Plan ", forms a part hereof as Schedule
"A ", constituting the Municipal Plan, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled, "By -Law Number C.P. 106 Municipal
Plan By- Law."
On motion of Councillor McGuire
Seconded by Councillor Court
RESOLVED that the Planning Advisory Committee
be requested to provide its written views upon the proposed by -law entitled "Municipal
Plan By -Law of the City of Saint John ", as amended by Common Council at its open
session meeting of January 16, 2012.
Question being taken, the motion was carried.
(Deputy Mayor Chase re- entered the meeting)
(Le maire suppl6ant Chase quitte la seance.)
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10.2a) Audience publique concernant PlanSJ — rapport complementaire
10.2b) Premiere et deuxieme lecture de I'arrete intitule cc Arrete portant sur
I'adoption d'un plan municipal »
10.2c) Plan municipal
10.2d) Presentation — reponse a la retroaction du public concernant I'adoption
d'un plan municipal
La greffi6re communale indique que les avis requis ont et6 publi6s relativement au projet
d'Arret6 portant sur I'adoption d'un plan municipal de The City of Saint John.
Faisant reference a une presentation et a un rapport ant6rieurs, Jacqueline Hamilton,
commissaire adjointe au service Urbanisme et d6veloppement, presente les r6ponses
fournies par son service a la suite des commentaires regus relativement au nouveau
plan municipal propos6.
L'avocat municipal declare qu'en vertu de la Loi surl'urbanisme, un processus
obligatoire a 6te mis en place relativement a I'adoption des arret6s pour lesquels une
audience publique doit avoir lieu. II explique que I'un des elements cl6s de ce processus
veut que ('occasion qui soit offerte aux citoyens d'exprimer leur appui ou leur opposition
quant a I'arrete propose prenne fin une fois I'audience publique terminee. II signale que
toutes les recommandations relatives A I'arrete propose qui sont faites aux membres du
Conseil apr6s I'audience publique du 12 decembre 2011 ne doivent pas titre prises en
compte, car cela risquerait de compromettre la legitimite de ce processus et 1'effrcacite
de I'arret6.
Proposition du conseiller McGuire
Appuyee par le conseiller Sullivan
RESOLU que I'arrete intitule «Arrete n° C.P. 106
modifiant I'Arr6te portant sur I'adoption d'un plan municipal » soit par les pr6sentes
adopte et que le document soumis intitule « Plan municipal de The City of Saint John »,
faisant partie de ('Annexe « A » qui constitue le plan municipal, fasse ('objet d'une
premiere lecture.
A ('issue du vote, la proposition est adoptee.
Premiere lecture par titre de I'arret6 intitul6 «Arrete n° C.P. 106 modifiant I'Arret6 portant
sur I'adoption d'un plan municipal ».
Proposition du conseiller McGuire
Appuyee par le conseiller Court
RESOLU que I'arret6 propose intitule « Plan
municipal de The City of Saint John » soit modifie afin d'inclure les modifications
detaillees a I'Annexe B du rapport soumis intitul6 « Audience publique concernant
PlanSJ — rapport complementaire », et ce, dans le but de repondre aux commentaires
regus durant le processus d'adoption du plan.
A ('issue du vote, la proposition est adoptee.
Proposition du conseiller McGuire
Appuyee par le conseiller Court
RESOLU que I'arret6 intitul6 «Arrete n° C.P. 106
modifiant I'Arret6 portant sur I'adoption d'un plan municipal » soit par les pr6sentes
adopte et que le document soumis intitul6 « Plan municipal de The City of Saint John »,
faisant partie de I'Annexe « A » et constituant le plan municipal, fasse ('objet d'une
deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de I'arret6 intitule « Arrete n° C.P 106 modifiant I'Arrete
portant sur I'adoption d'un plan municipal ».
Proposition du conseiller McGuire
Appuyee par le conseiller Court
R�SOLU que le Comite consultatif d'urbanisme
donne son opinion par 6crit relativement 6 I'arret6 propos6 intitul6 « Arrete portant sur
I'adoption d'un plan municipal de The City of Saint John », tel qu'il a 6te modifie par le
Conseil communal lors de sa reunion publique du 16 janvier 2012.
A ('issue du vote, la proposition est adoptee.
(Le maire suppl6ant Chase est de nouveau present a la seance.)
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11. Submissions by Council Members
11.1 Milford Paris (Councillor Norton)
On motion of Councillor Norton
Seconded by Councillor McGuire
RESOLVED that Council directs the City Manager
to allocate the sum of $10,000.00 from the general fund to the re- development of Milford
Park coincident with a donation of an equal amount to the City of Saint John from Emera
Brunswick Pipeline.
Question being taken, the motion was carried.
11. Interventions des membres du conseil
11.1 Parc Milford (conseiller Norton)
Proposition du conseiller Norton
Appuyee par le conseiller McGuire
RESOLU que le conseil ordonne au directeur
general d'allouer, depuis le fonds d'administration, la somme de 10 000 $ pour le
reamenagement du pars Milford conformement au don du meme montant fait par Emera
Brunswick Pipeline a The City of Saint John.
A Tissue du vote, la proposition est adoptee.
11.2 Affordable Housing Projects in Saint John (Councillor McGuire)
On motion of Councillor McGuire
Seconded by Councillor Norton
RESOLVED that the City Manager be directed to
contact the Minister of Social Development with respect to receiving data regarding the
actual number of approved affordable housing units coming to Saint John during 2012,
and report back to Council.
Question being taken, the motion was carried.
11.2 Projets relatifs a I'amenagement de logements abordables a Saint John
(conseiller McGuire)
Proposition du conseiller McGuire
Appuyee par le conseiller Norton
RESOLU que le directeur general soit charge de
prendre contact avec le ministre du Developpement social afin d'obtenir des donnees
sur le nombre actuel de logements abordables approuves qui seront construits a
Saint John en 2012 et qu'il presente un rapport au conseil.
A Tissue du vote, la proposition est adoptee.
(Councillor Sullivan withdrew from the meeting)
11.3 DEC Position Decision with Respect to Morna Heights School (Councillor
McGuire)
On motion of Councillor McGuire
Seconded by Councillor Norton
RESOLVED that the Common Clerk draft a letter
for the Mayor's signature thanking the members of the District Education Council, the
River Road Community Alliance and the Minister of Education for ensuring that the
Moma Heights School remains open.
Question being taken, the motion was carried.
(Councillor Sullivan re- entered the meeting)
(Le conseiller Sullivan quitte la seance.)
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11.3 Decision du Conseil d'education de district (CED) quanta sa position en ce
qui concerne 1'ecole Morna Heights (conseiller McGuire)
Proposition du conseiller McGuire
Appuyee par le conseiller Norton
RESOLU que la greffiere communale redige une
lettre devant etre signee par le maire dans le but de remercier les membres du Conseil
d'education de district, la River Road Community Alliance Inc. et le ministre de
1'Education des efforts qu'ils deploient pour s'assurer que 1'Ecole Moma Heights reste
ouverte.
A Tissue du vote, la proposition est adoptee.
(Le conseiller Sullivan se joint de nouveau A la reunion.)
12. Business Matters —Municipal Officers
12.1 Common Clerk: Request of Premier Alward to Resume Legislative
Assembly Session
On motion of Councillor Sullivan
Seconded by Councillor McGuire
RESOLVED that the letter entitled Request of
Premier Alward to Resume Legislative Assembly Session be received for information.
Question being taken, the motion was carried.
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Greffiere communale : demande du premier ministre Alward concernant la
reprise de la session de I'Assemblee legislative
Proposition du conseiller Sullivan
Appuyee par le conseiller McGuire
Resolu que la lettre intitulee Demande du premier
ministre Alward concernant la reprise de la session de IAssemblee legislative soit
acceptee a titre informatif.
A Tissue du vote, la proposition est adoptee.
12.2 City Solicitor: Overnight Winter Parking Restriction Amendment to the
Traffic By -Law Douglas Avenue /Brunswick Place
Consideration was given to a submitted report from the City Solicitor entitled, "Overnight
Winter Parking Restriction Amendment to the Traffic By -Law Douglas Avenue /
Brunswick Place ".
On motion of Councillor Sullivan
Seconded by Councillor McGuire
RESOLVED that the by -law entitled, "A By -Law to
Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the
Authority of the Motor Vehicle Act, 1973, and amendments thereto ", amending Schedule
"B" and Schedule "R ", be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting
Traffic on Streets in The City of Saint John made under the Authority of the Motor
Vehicle Act, 1973, and amendments thereto."
On motion of Councillor Sullivan
Seconded by Councillor McGuire
RESOLVED that the by -law entitled, "A By -Law to
Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the
Authority of the Motor Vehicle Act, 1973, and amendments thereto ", amending Schedule
"B" and Schedule "R ", be read a second time.
Question being taken, the motion was carried.
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Read a second time by title, the by -law entitled, "A By -Law to Amend a By -Law
Respecting Traffic on Streets in The City of Saint John made under the Authority of the
Motor Vehicle Act, 1973, and amendments thereto."
12.2 Avocat municipal:
modification de I'Arrete relatif a la circulation dans le cadre des restrictions
relatives au stationnement sur rue en hiver la nuit (avenue Douglas/place
Brunswick)
On examine un rapport presente par I'avocat municipal intitule « Modification de IArrete
relatif a la circulation dans le cadre des restrictions relatives au stationnement Sur rue en
hiver la suit (avenue Douglas/place Brunswick) ».
Proposition du conseiller Sullivan
Appuyee par le conseiller McGuire
RESOLU que I'arrete intitule « Arrete modifiant
I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de
la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant
I'annexe B et I'annexe R, fasse ('objet d'une premiere lecture.
A Tissue du vote, la proposition est adoptee.
Premiere lecture par titre de I'arnM6 intitule « Arrete modifiant I'Arrete relatif A la
circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les
vehicules a moteur (1973) et modifications afferentes ».
Proposition du conseiller Sullivan
Appuyee par le conseiller McGuire
RESOLU que I'arrete intitule « Arrete modifiant
I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de
la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant
I'annexe B et I'annexe R, fasse l'objet d'une deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif A la
circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les
vehicules a moteur (1973) et modifications afferentes ».
12.3 City Manager: Traffic Line Painting Truck
On motion of Deputy Mayor Chase
Seconded by Councillor Court
RESOLVED the report entitled M &C; 2012 -013:
Traffic Line Painting Truck be tabled and the City Manager be directed to investigate
whether the neighbouring municipalities would be interested in cost - sharing the traffic
line painting truck; and further, that the cost of contracting out the service also be
investigated.
Question being taken, the motion was carried.
12.3 Directeur general : camion de signalisation pour le tragage des lignes
Proposition du maire suppleant Chase
Appuyee par le conseiller Court
RESOLU que le rapport intitule
M/C 2012 -013: Camion de signalisation pour le tragage des lignes soit depose et que le
directeur general soit charge d'enqueter sur I'interet que les municipalites environnantes
porteraient A partager les couts relatifs au camion de signalisation pour le tragage des
lignes; et que le cout de I'impartition du service fasse egalement ('objet d'une enquete.
A ('issue du vote, la proposition est adoptee.
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13. Committee Reports
13.1 Committee of the Whole: Service Agreement with Cision Canada Inc.
Outstanding Balance for Services Rendered
On motion of Councillor Court
Seconded by Councillor Sullivan
RESOLVED that as recommended by the
Committee of the Whole, having met on January 16, 2012, the City pay to Cision
Canada Inc. an amount of $40,000.00, inclusive of HST, for services rendered.
Question being taken, the motion was carried with Councillor Higgins
voting nay.
13. Rapports deposes par les comites
13.1 Comite plenier : convention de services signee avec Cision Canada Inc. -
solde impaye pour services rendus
Proposition du conseiller Court
Appuyee par le conseiller Sullivan
RESOLU que, comme le recommande le comite
plenier qui s'est r6uni le 16 janvier 2012, la Ville verse a Cision Canada Inc. la somme
de 40 000 $, TVH incluse, pour services rendus.
A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote
contre la proposition.
13.2 Committee of the Whole: Pension Reform Fees for Period Ended November
30, 2011
On motion of Councillor Court
Seconded by Councillor Norton
RESOLVED that as recommended by the
Committee of the Whole, having met on January 16, 2012, the payment of the
outstanding fees for AON Hewitt for the period up to and including November 30, 2011 in
the amount of $141,100 plus HST incurred for the provision of actuarial services with
respect to developing a long -term solution to the pension plan funding issue be
approved.
Question being taken, the motion was carried with Councillors Farren
and Higgins voting nay.
13.2 Comite plenier : Frais relatifs a la reforme du regime de retraite pour la
periode se terminant le 30 novembre 2011
Proposition du conseiller Court
Appuy6e par le conseiller Norton
RESOLU que, comme le recommande le comite
plenier qui s'est reuni le 16 janvier 2012, le versement des frais dus a AON Hewitt, soit
un montant s'elevant a 141 100 $, TVH en sus, pour la periode allant jusqu'au 30
novembre 2011 (inclus), relativement aux services d'actuariat visant I'elaboration d'une
solution a long terme au probleme de financement du regime de retraite soit approvve.
A I'issue du vote, la proposition est acceptee. Le conseiller Farren et la
conseillere Higgins votent contre la proposition.
14. Consideration of Issues Separated from Consent Agenda
14. Etude des sujets ecartes des questions soumises a I'approbation du
conseil
15. General Correspondence
15. Correspondance generale
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16. Adjournment
The Mayor declared the meeting adjourned at 9:15 p.m.
16. Levee de la seance
Le maire declare que la seance est levee a 21 h 15.
Mayor / maire
Common Clerk / greffiere communale
24
February 8, 2012
The Common Council of Saint John
Your Worship and Councillors.
From the January 3, 2012 Council meeting, I learned that Council is attempting to
suspend the indexation benefits of the retirees rather than eliminate them. To say that
indexation benefits will be suspended and not eliminated is in these circumstances a
distinction without a difference. These are individual people being affected, and ordinary
common sense lets us see that it will be a long time before anything happens to lift the
suspension. For many current retirees including spouses, time and natural causes will
ensure that the benefits taken away now will never be restored to the individuals affected.
Another thing I have noticed is that during discussion on the proposed Pension reforms,
Council is saying that the legislature is faced with a decision of "all or nothing." I fail to
see why there are no other variables and that the removal of indexation of current retirees
is vital to the successful outcome of the needed Pension reforms.
Not to down play the dire financial consequences facing the City, nor the sincerity on the
part of all members of Council to deal with a serious problem, I have to tell you that I
disagree with the public policy of meddling with pension benefits of current retirees. It is
disturbing and unconscionable for reasons I will try to make clear in the following
manner.
There is a wide difference between good or bad government public policy arrived at
through the discretionary judgment of elected officials and a public policy that involves
ignoring your legal obligations under present law by changing the law.
It is obvious to many citizens that much of the City's financial woes have come about
through Council's ov"n imprudent public policy decisions. A large number of citizens as
well as the local news media tried everything short of a revolt to make Council see with
more sober thought, the wrong attitude of "damn the torpedoes full steam ahead." for a
new police station and an oversized public transit building. Then there was the
controversial public policy and the weak or no negotiations and no public debate
surrounding the approval by a previous Council in 2005 of a tax concession to a large Oil
Company. In March 2005 I wrote to Council and said: "The tax concession is a step
backward... and a tax concession written into a formal contract with supporting
provincial legislation for twenty -five years constitutes a generation" of time. And in May
2005 I wrote on the tax concession again and said: "It is difficult to understand why
Council would ignore Councillor's Court's attempt to have the City Manager report to
Council." In the same letter I said: "It is an insult and degrading to those statutory
positions (City Manager, City Solicitor, and Commissioner of Finance) that the Mayor
would ignore the highest appointed officials and turn to Enterprise Saint John for
guidance and input on such an important public policy matter."
25
I am not taking up time unnecessarily with this enumeration, far from complete. I am
trying to make a point. An emerging pattern to Council's action over a long time, makes
it very difficult to be sympathetic to Council's financial plight, and it does not give me
the confidence and faith needed to get behind a public policy that is designed to take
away vested benefits from any and all former employees who are legally eligible for
indexation under the Pension Act. And while Council may believe there is only power
politics behind the enactment of laws, the provincial elected officials should not "come
out of their shell on the issue" and it is wrong to persuade and expect provincial elected
officials to come forward with their final judgment on matters pending before the
legislature. Private Pension Plans in legislation is no less a law than any other statutory
enactment by the province.
Also, the fear mongering by reference to bankruptcy shows no respect for Saint John as a
Charter Corporation and the oldest incorporated City in Canada. There is something
disrespectful to the long and deep history of the City about alluding to bankruptcy. The
mention of bankruptcy has a negativity that is intimidating and creates an unnecessary
anxiety. It is another form of bullying without any regard for the objectivity and integrity
that goes into or should go into the enactment of the laws of the province following
proper debate and a due process by the legislature based on procedural rules.
In using the vested benefits of retirees for the purpose of carrying out needed Pension
reforms, Council is caught up in the half truth that the end justifies the means. There is a
difference between individual rights in relation to the common good, and the taking away
of someone's property. That is why governments in our Western democracies when using
their supreme power to take away people's property always place expropriation and
compensation together.
In this case, it seems that Council is ignoring this basic principle as well as other factors.
For example, when elected officials are serving on other Boards or Commissions for the
City, it normally is without any fiduciary obligations to beneficiaries. With respect to the
members of Council who are also members of the Saint John Pension Board, the
legislation has created fiduciary obligations towards the members of the Pension Plan
including the retirees. Thus the question: Has there been any consideration given to
where the greater fiduciary obligation of these elected officials lie, is it specifically with
individual retirees and their vested rights, or is it in a more general sense with the
ratepayers? I do not believe that the legislature in designating elected officials as trustees
to the Pension Board intended in any way to fetter their fiduciary obligations to the
beneficiaries. Where is the respect for the legal separation between the Pension Board
and the Council? Certainly the separation exists every time the Ferguson legal action
comes up for discussion.
26
Furthermore, there should be no conflict about fiduciary obligations on the part of the
individual non elective members of the Board, and considering the recent media news
reports of bullying among the Councillors, I am suspicious about the solidarity behind the
silence of the Pension Board over the matter of the Pension reforms as they relate to
retirees.
I say this because in 2009 a letter was sent to the Pension Plan members from the Saint
John Board of Pension Trustees. That letter mentioned the fact that talks were taking
place about changes to the Plan and that "some of the changes presented to Common
Council would affect the accrued rights (benefits already earned) of retirees and active
members of the plan. One example of such a proposed change is a reduction in the annual
indexing..." The letter goes on to state, among other things, that "From the Trustees'
perspective, a reduction in accrued benefits (already earned) would be an unacceptable
interference in the vested rights of the retirees and the beneficiaries. Any such reduction
in accrued benefits will be vigorously opposed by the Trustees."
I know of no reason to believe that the fiduciary relationship of the Pension Trustees to
the retirees has disappeared or gone out of existence in the last couple of years.
Therefore, I am wondering who made the presentation to the Council more than two
years ago regarding the "interference with or reduction of vested benefits... ?"
Obviously it was not the Board of Trustees. Was it a provincial representative testing the
waters surrounding the retirees? Why the silence now? What has happened to that
promise from the Trustees to vigorously oppose the interference with the vested benefits
of the retirees?
In 2011 Mr. Justice Grant in Quinn v. New Brunswick (Minister of Finance) clearly
established that indexation contained in a Pension Plan is an ancillary benefit to the basic
Pension and becomes a vested right upon the retirement of the employee or member of
the Plan. The Grant judgment also said in dealing with retirees, that "It is important, in
my opinion, to keep in mind that the primary purpose of COLA is to protect from
inflation because of their vulnerable circumstances arising from the fact that upon
retirement their income is otherwise fixed and they are no longer able to bargain better
remuneration to counteract inflation."
So if the vested rights of the City retirees have not come into existence upon retirement,
then there are no vested rights for retirees. This is contrary to Mr. Justice Grant's
comment that "vesting is the cornerstone of Pension law." It therefore follows that with
or without legislation, I believe, the benefits of the City retirees mature and become
vested upon retirement and the vulnerability is no less for the retirees of the City merely
because the benefits are contained in legislation.
27
It seems unfair, on the one hand, that a Plan outside of legislation provides protection to
retirees as determined by Mr. Justice Grant when he said that "once the triggering event
occurs and COLA has vested it's untouchable by virtue of both the Plan and the common
law." And on the other hand, a Plan in legislation coming under the supremacy of the
legislature, allows the City to expose the City retirees to an all powerful government and
leaves the door wide open for government to try to do all sorts of things to the pensions
of retirees.
Call it what you will, the simple fact of the matter is that Council has started a process
that could through the supremacy of the legislature lead to the taking away of retirees'
property without compensation. It is true that the Quinn case in law might not stop the
amendments to the City's Pension Act, but as it relates to the retirees and in the interest
of justice it should serve as a guide to Council's action. It is interesting to note what a
Court can say when faced with government power and action and an unfair situation. In
the 1978 Manitoba Fisheries case the Supreme Court of Canada found that expropriated
property does not apply exclusively to land. In that case the intangible property of "good
will" was considered to be property. During leave to appeal, one of the Justices fired a
question at the Crown lawyer and asked: "if a private individual had done this, would we
not have called it theft?
Yours truly,
Frank Rodgers
(source verified)
Health /Saute
Ne A Nouveau
B rva unswick
C A N A D A
January 11, 2012
Organ Donation Program
400 University Avenue
Saint John, NB
E2L 31_6
Dear Mayor and Council,
We are the Organ Donation Resource Nurses for this area and one aspect of
our job is to promote Organ and Tissue Donation Awareness.
We were recently made aware of a very successful initiative in Nova Scotia
called the Green Light Porch Campaign. During National Organ and Tissue
Awareness Week the group gave out green light bulbs and encouraged people to
buy their own to put a green light outside their door in recognition of the green
ribbon depicting Organ and Tissue Donation. This year National Organ and
Tissue Donation Awareness Week falls from April 22nd —April 28th and we would
like to invite you to participate in a challenge. With your help we can make people
aware of the need to support Organ and Tissue Donation.
In Canada there are over 4100 people waiting for a life saving organ; in New
Brunswick at any time there are over 200 people in need of this gift. We have
people within the City of Saint John who have had family members be donors
and we have people in our community who are recipients now able to live a
productive and healthy life because of someone's generosity.
We are requesting an opportunity at an upcoming meeting to come and speak
to you about some ways we could spread awareness in our community.
Thank you for your consideration. We look forward to hearing from you.
M
Yours sincerely,
Betty -Anne Waugh RN
Sue Arsenault RN
www.gnb.ca
5.5
M
9q
z
January 10, 2012
Mayor Court and Councilors
x City of Saint John
O
� Re: Congestion Levy/Fee
i- Your Worship and members of Council:
z
We are interested in the discussion that continues on the idea of establishing some form
of levy or fee on those who live outside of the City of Saint John but frequently drive into
Saint John to work or enjoy many of the benefits Saint John has to offer.
The adoption of a levy on those who frequently visit the City from adjacent communities
has negative connotations and likely negative consequences for the City. Saint John does
W not have congestion like some Iarger cities that have implemented congestion fees to
W reduce traffic in urban centers.
Saint John like any city has issues with respect to parking, transit, pedestrian routes and
F- likely other issues that haven't been raised yet. Uptown businesses and property owners
are concerned with the suggestion of a levy or fee imposed on commuters. We understand
that there is significant frustration with respect to other issues that impact the City's
L7 ability to have a balanced budget. As a significant stakeholder we would like to be part of
the discussion and provide input on addressing some of these issues. The direction that
the Plansj process is recommending will, if followed, greatly assist in the long term
ability of the City to meet its fiscal objectives. Densification of development in the urban
core will assist in making a variety of services work, for example — public transit.
a
We need the people who travel into the city regularly to support the businesses that pay
the landlords who pay the property taxes — the City's primary source of revenue. While
we feel that the bedroom communities surrounding Saint John should share some of the
costs of major infrastructure on an equitable basis, we do not want to alienate these
commuters to the point that they will not enter the city. We look forward to continued
discussion on the opportunities that will help to grow our tax base and in turn revenues to
Q City coffers.
Sincerely,
a lexander
President
E
N T 506.633.9797 F. 506.652.3525 www.uptownsj.com
30
Saint John
ABILITY
ADVISORY COMMITTEE
P.Q. Box 1411, Saint John, N.B. Ell 411
February 2, 2012
City of Saint John
15 Market Square
P. O. Box 1971
Saint John, NB
E21- 41-1
COMMON CLERK'S OFFICE
FEB 0 8 1012
CITY OF SAINT JOHN
Attention: Your Worship, Mayor Ivan Court and Council Members
Re: Transportation
Your Worship,
The Saint John Advisory Council has been receiving serious concerns and complaints regarding
our City's transit system from persons with disabilities since 2010. These have been brought to
Mr. Fred McCarey's attention at Saint John Transit through our City liaison Barry Freeze. We
have been keeping a timeline of written complaints and responses since this time. At our last
committee meeting consensus was reached that these complaints have not been seriously and
positively addressed. These concerns are serious in nature and the failure to address these
concerns in a timely fashion are leading persons with disabilities to take a recourse they would
prefer not to take, but if the need arises will do so. In the past year and a half the concerns and
complaints have grown, our committee member Wanda Berrette has surveyed the Deaf and has
correlated a list of issues; Jeff Sparks has gathered emails from wheelchair users with issues
regarding the Handibus; Gerry Harris and CNIB have issues with bus and also bus stops.
Some of the issues include: harassment and disrespect from drivers leaving riders feeling
discriminated, violated and embarrassed; disregard resulting in safety issues; scheduling
discrepancies with bus schedules resulting with PWD missing appointments, late for work;
orientation of bus parking /stopping leading in safety issues; snow removal at bus stops again
leading to safety issues.
Most of our clients rely on public transportation and we would like to work towards a satisfactory
conclusion for all concerned. The SJAAC will make arrangements to work with council, the
transit committees, managers and employees to see this reconciliation in the near future.
Sincerely,
C- LCG��c �a�-e, O'CL�C,�r�Le�hJ
Catherine Patterson
Chairperson
SJAAC
31
RETORT TO COMMON COUNCI"
M & C — 2012 -26
February 9, 2012
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Land Acquisition - 411 Rothesay Avenue
Portion of PID 55145049
BACKGROUND:
City of Saint john
In 2004 The City of Saint John purchased a number of slivers of land along
Rothesay Avenue to enable Phase 11 of the Rothesay Avenue reconstruction
project. On 07 June 2004 Common Council adopted the following resolutions:
1. That The City of Saint John acquire the fee simple interest in a 19 fm2
portion of PID 55145049 from Keary Coyle Holdings Ltd. at a unit rate of
$50.00 per square meter (+ HST if necessary), as generally shown on the
submitted sketch; and
2. the City shall reimburse Keary Coyle Holdings Ltd. to a maximum of
$350.00 (inclusive of HST) the legal fees required to finalize this
transaction; and
3. the City shall pay for and prepare any plan of survey necessary to facilitate
this transfer; and
4. the Mayor and Common Clerk are authorized to sign any document
required to finalize this transfer.
The City widened Rothesay Avenue in 2004 and took the land required to do so
from PID 55145049. It was discovered in 2011 that the land acquisition by the
City had not been completed. Staff have, subject to Common Council's approval,
negotiated an agreement at current land values with Coyle Real Estate Holdings
Inc. ( the current owner of this land) on the terms and conditions laid out in the
Agreement of Purchase and Sale document attached to this report.
32
Report to Common Council
February 9, 2012
Page 2
The purpose of this report is to secure Council's support to acquire the necessary
land at 411 Rothesay Avenue, occupied by a City sidewalk and landscaped buffer
area.
RECOMMENDATION:
A) That Common Council rescind the following resolutions adopted at its
meeting of 07 June 2004:
1. That The City of Saint John acquire the fee simple interest in a 19 ±mz
portion of PID 55145049 from Keary Coyle Holdings Ltd. at a unit rate
of $50.00 per square meter (+ HST if necessary), as generally shown on
the submitted sketch; and
2. the City shall reimburse Keary Coyle Holdings Ltd. to a maximum of
$350.00 (inclusive of HST) the legal fees required to finalize this
transaction; and
3. the City shall pay for and prepare any plan of survey necessary to
facilitate this transfer; and
4. the Mayor and Common Clerk are authorized to sign any document
required to finalize this transfer.
and,
B) That Common Council resolve:
1. To enter into the Agreement of Purchase and Sale between the City and
Coyle Real Estate Holdings Inc. attached to M &C 2012 -26, on the terms
and conditions set out in the said Agreement of Purchase and Sale, and,
2. That the City pay for all administrative fees charged to Coyle Real Estate
Holdings Inc. by its financial institutions to produce the necessary
discharges, and for all registration and other fees necessary to complete
the transaction; and
3. That the Mayor and Common Clerk be authorized to sign all required
documentation.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
Attachments
PWw,.p
33
J. Patrick Woods, CGA
City Manager
/ y4nad'Oed /Prsh
A'
Description of Plan: Area of 411 Rothesay Avenue
N PID: 55145049
A
d PAN: 05054842
r
Land Occupied by City Street
Date: 09 February, 2012
34
AGREEMENT OF PURCHASE AND SALE
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the
freehold interest in a portion the Vendor's Lands RID # 55145049 as hereinafter set out upon the
following terms and conditions:
Vendor: COYLE REAL ESTATE HOLDINGS INC.
410 Rothesay Ave., Saint John, NB E2J 2C4
Attention: Keary Coyle
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971, 15 Market Square, Saint John, NB
Attention: Common Clerk
Real Property: Portion of PID #55145449
.D
FEB 0 Z 2J 12
Comprising 19 sq.m. +/-
Designated as Rothesay Avenue (Public Street) 19m2 on a Hughes Surveys &
Consultants Inc. Tentative Subdivision Plan number 504088 P4 dated Apr. 30,
2004.
(Photo - reduced copy of said plan attached hereto)
Purchase Price: $1,900.00 + HST if applicable, payable as follows:
Deposit: $1,000.00 payable upon adoption of Common Council Resolution
Balance: $900.00 on Closing
Closing Date: On or before April 30, 2012.
1. The Vendor shall convey to the Purchaser the unencumbered freehold title in the Real Property.
2. The Purchaser may examine the title to the Real Property at its own expense until closing. If within
that time any valid objection to the title to the Real Property Is made In writing by the Purchaser to the
Vendor which the Vendor shall be unable or unwilling to remove within thirty (30) days of notification of
such objection or objections and which the Purchaser will not waive, this agreement shall,
notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void
and any deposit shalt be returned by the Vendor without interest and the Vendor shall not be liable for
any costs or damages. Save as to any valid objection so made within such time, the Purchaser shall be
conclusively deemed to have accepted the title of the Vendor to the Real Property.
3. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance
herein contemplated; and
(ii) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the
1
35
Agreement of Purchase and Sale
Coyle Real estate Holdings Inc and The City of Saint John
Transfer; and
(ill) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the
Vendor to finalize this conveyance.
4. The Vendor shall at its expense terminate all leases /occupancies with respect to the Real Property
such that the Real Property will be vacant on Closing.
5. If the Purchaser defaults In the closing of the sale under the terms of this Agreement, any money
pald hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have
no further recourse.
6. This offer shall be Irrevocable by the Vendor until 4;00 P.M. local time on 29 February, 2012 and
upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the
parties hereto.
7. This offer when accepted shall be read with all changes of gender or number required by the
context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and
assigns, and time shall in all respects be of the essence hereof.
In witness whereof the Vendor has caused these presents to be executed and Its corporate seal to be
affixed this day of S-AtQ • , 2012,
COYLE REAL TE }fOLD i INC.
Perms
And the Purchaser has caused these presents to be executed this day of .2012.
THE CITY Or SAINT JOHN
Mayor
Common Clerk
Common Council Resolution;
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37
REPORT TO COMMON COUNCIL
M & C — 2012 -25
10 February 2012
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Medium Voltage Motor Control Centre — Musquash Water
Pumping Station
BACKGROUND:
r
As Common Council is already aware, equipment at the Musquash Water Pumping
Station was severely damaged by an electrical fault and associated electrical fire on
August 1, 2011.
The Musquash Pumping Station is a critical component of the West Industrial Water
System which pumps water from Musquash to Spruce Lake. The majority of this
water volume is consumed by Irving Pulp & Paper and the NB Power Generating
Station at Coleson Cove.
On October 24, 2011, in M &C 2011 -273, Common Council approved a
recommendation to:
111. Give early approval to the Musquash Pumping Station repair project as
outlined in this report in the amount of $450, 000 (as included in the proposed 2012 Water
and Sewerage Utility Fund Capital Program) and authorize staff to proceed with the
tendering process for repairs "
The replacement of the Medium Voltage Motor Control Centre and associated
breaker is pursuant to that resolution.
ANALYSIS:
An RFP, to solicit proposals from the marketplace for suitable equipment, was
issued on December 23, 2011 and closed on January 12, 2012. Seven (7) vendors
chose to respond by submitting offers:
Harris & Roome
Eddy Group
L &B Electric
Wesco Distribution
Source Atlantic
Nedco Atlantic
Liteco
Saint John, NB
Saint John, NB
Bridgewater, NS
Moncton, NB
Saint John, NB
Saint John, NB
Saint John, NB
W
M & C — 2012 -25
PAGE 2
ANALYSIS .... CONT'D:
A proposal evaluation committee, consisting of representatives from Saint John
Water, the City's consultant (AMEC Americas), and Materials Management
reviewed each submission against the following evaluation criteria:
Quality and Completeness of Submission
Technical Performance and Specifications
Delivery Timelines
Warranty
Cost
Upon completion of the proposal review, the evaluation committee ranked the
proposal from Wesco Distribution highest, as it demonstrated that its solution
represents the best value to the City of Saint John. In addition, while not the
lowest -cost solution, staff unanimously believes it represents the superior
technical approach to the resolution of the Motor Control issue at the Musquash
Water Pumping Station.
FINANCIAL CONSIDERATIONS:
The total cost for Wesco Distribution to supply their product as detailed in the
specifications if awarded as recommended will be $205,945 plus tax.
The funds for this expenditure have been pre- approved from the 2012 Saint John
Water and Sewerage Utility Fund Capital Program by resolution of Council on
October 24, 2011 in M &C 2011 -273.
RECOMMENDATION:
It is recommended that the proposal from Wesco Distribution for the supply of
one (1) Medium - Voltage Motor Control Centre and associated breaker at a cost of
$205,945 plus tax be accepted.
Respectfully submitted,
Cindy Calvin Gregory Yeomans
Acting Manager - Materials Management Commissioner of Finance
Patrick Woods
City Manager
39
IREIPO .T TO COMMON COUNCIL
M &C 2012 -28
February 13, 2012
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council,
SUBJECT: Saint John Water — 2011 Annual Water Report
BACKGROUND
The City of Saint john
Municipalities in New Brunswick operate public drinking water systems under conditions set out
in certificates of Approval to Operate drinking water treatment and distribution facilities.
Developed by the Department of the Environment (DENY), in collaboration with the
Department of Health, these formal approvals set out standards for water treatment facilities,
distribution systems and operators that strive to assure safe drinking water.
The City of Saint John (as the Approval Holder) provides drinking water services to the public
under authority of Approval to Operate W -669: Drinking Water Treatment and Distribution
Facilities. This Approval to Operate was issued by the New Brunswick Minister of the
Environment effective April 1, 2011, and supersedes Approval W -254 which expired March 31,
2011. The City's current certificate is valid for a 5 -year period from April 1, 2011 to March 31,
2016.
The certificate of Approval to Operate is a regulatory tool designed around the multi- barrier
philosophy. All municipal water systems in New Brunswick are required to abide by the various
conditions set out in Approvals to Operate drinking water treatment and distribution facilities.
The standards set through the various conditions strive to ensure safe and reliable drinking water
for all users. Saint John Water fully endorses the philosophy behind the need for strict regulation
of systems supplying such a vital service.
Protective Barriers
People must have water to live; good health depends on consuming adequate quantities of safe,
clean drinking water. That water must be delivered, at the best cost possible, to Saint John
homes, institutions and businesses in a state that is clear, colourless, odourless and free of
disease- causing micro - organisms (pathogens) or harmful chemicals.
W
M &C2012 -28
February 13, 2012
Page 2
The Drinking Water Service is a public service that provides drinking water to the community
and is vital to the economic vitality of the region. This service includes the supply of water,
treatment, testing, transmission and distribution, administration of the service, and billing and
collections.
Saint John Water manages its drinking water service based on the Multi- Barrier Approach from
the water source to the user's tap. Drinking water quality must be assured through a series of
protective barriers:
1. Source (Watershed) Protection
2. Drinking Water Treatment
3. Operations and Maintenance (including staff training, development and staff levels)
4. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping)
5. Distribution System (residual chlorine, total coliform, E. coli, flushing, storage
reservoirs, backflow prevention and cross connection control)
b. Emergency Response (contingency plans, boil order responses, safety training, etc)
These barriers are designed to assist in ensuring the delivery of safe drinking water by preventing
contamination (from source to tap) from reaching consumers.
Annual Report
Condition 36 of the certificate requires submission of an Annual Report to the Department of the
Environment no later than March 1 of the following year. The report provides pertinent technical
and operating information to the regulator on the City's water systems:
y Monitoring results (daily /weekly /monthly data such as free chlorine residual, turbidity,
pH, temperature, iron, manganese, etc.)
y Monthly water production
�► Operational highlights (significant incidents and system improvements, changes, or
additions);
y Alarm log (major alarms — the balance to be discussed during the ACE)
Summary of backflow prevention and cross - connection activities;
Summary of flushing activities;
Operator information (training, certifications, and staffing changes);
Public relations (notifications & public education)
List of major new extensions and/or renewals complete with analytical results
(microbiological, organic& inorganic) and the balance to be discussed during the ACE
Additional comments
The Annual Report is also in keeping with one of the seven commitments of the Corporate
Strategic Plan — Demonstrating Accountability.
41
M &C2012 -28
February 13, 2012
Page 3
ANALYSIS
The water system in the City of Saint John is by far the largest in the Province of New
Brunswick and the Saint John Water — 2011 Annual Water Report with all its attachments
consists of hundreds of pages of facts and data. Rather than table the full document with
Common Council, just the main body of the Annual Water Report is attached hereto, with its
various sections summarized herein. A full copy of the report with all appendices is on file with
the Common Clerk.
Saint John Water is responsible for the delivery of water and wastewater services on behalf of
the City of Saint John. In accordance with condition 39 of the Approval to Operate, the annual
water report is intended to provide the Department of Environment (system regulator) with
pertinent information relating to operation of the municipal water system. The wastewater
service annual report is submitted under separate cover.
Analytical Results
The City of Saint John obtains its drinking water from two watersheds — Spruce Lake and Loch
Lomond. The quality of water in the lakes that make up the watersheds is important to the final
quality of treated potable water. Over the course of the year, the City analyzed raw water
sources from 14 locations measuring a total of 23 analytical parameters for each of those
sampling locations. These samples indicate the quality of water available from lakes throughout
the watershed which ultimately provide for the sources of our drinking water.
To ensure system water is safe to drink, samples are collected weekly at thirty one locations
across the three water systems (the Red Head well field is the third system) and
microbiologically analyzed. Nineteen of those sites are analyzed for inorganic chemistry semi-
annually, and for organic chemistry quarterly.
In addition to the testing noted above, several other water parameters are tested routinely to
monitor system safety and drinking water quality. These measures include chlorine residual data,
pH, fluoride, turbidity, total dissolved solids, iron and conductivity.
To continue preparing for the design of the new water treatment facility and to more closely
monitor disinfection by- products, the following additional analyses were performed in 2011:
The frequency of trihalomethanes (THMs) sampling remained monthly instead of the
Department of Health's requirement of quarterly.
• Haloacetic acids (HAAs) like trihalomethanes are another disinfection by- product that is
formed when chlorine reacts with untreated water. Although HAAs are not currently
regulated in New Brunswick, it is expected that this will happen in the near future. Saint
John will not meet this new regulation with its current treatment facilities as they do not
remove the organic precursors from the water prior to disinfection. In anticipation of this
new guideline, Saint John Water began monthly sampling for HAAS in 2007.
42
M &C2012 -28
February 13, 2012
Page 4
• Dissolved organic carbon (DOC) and total organic carbon (TOC) are precursors to the
formation of both THMs and HAAs. These parameters were also monitored monthly
during 2011. A goal in the design of new water treatment facility is the reduction of these
organic precursors, so that when the disinfectant chlorine is added near the end of the
treatment process, the quantities of THMs and HAAs formed will be substantially less
than current, and less than the levels regulated by Health Canada.
• Collection of samples for ultraviolet transmittance (LTVT) began in May of 2007.
• Taste and odour sampling was also performed in 2011. The indicator parameters for taste
and odour are Geosmin and MIB (2- methylisobomeol); these parameters were not
detected in the sampling performed in 2011.
Water Production - Spruce Lake
Annual water production during 2011 for the Spruce Lake system was approximately 47.1 billion
litres, an increase of 13.2 billion litres over 2010 annual Spruce Lake water production, which
was 33.9 billion litres. In 2011 peak monthly production was 4.55 billion litres and
comparatively 2010, 2009, 2008, 2007, 2006 and 2005 peak monthly production was 3.63, 3.85,
4.1, 4.2, 3.3 and 4.2 billion litres respectively. The largest contributor to the increased production
as compared to the past few years is that in 2011, there was no flow from the East system
crossing the Reversing Falls Bridge to the West system. The result was that the Fundy Heights
and Lower West Side zones were supplied from West water only, and all water delivered to
Irving Pulp and Paper (IPP) during this period flowed via the 1500 mm west raw water
transmission main as opposed to a normal operating split of approximately one -third from east
and two - thirds from west.
Annual treated water production during 2011 for the Spruce Lake system was approximately
4.43 billion litres (or about 9% of total water drawn from the Spruce Lake system). In 2011, peak
daily production was 36.1 ML a decrease over 2010 which was 24.9 ML.
When the level of water in Spruce Lake dropped to 59.91 m (196.6') on July 4, 2011, staff turned
on the 2000 horsepower Musquash pump and began transferring water from the Musquash
watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer
is necessary to provide for the industrial demand on the Spruce Lake system. On August 1, 2011,
there was an electrical fire; repairs and cleaning were undertaken, and pumping resumed on
August 8, 2011. On November 26, 2011, there was a station service trip that caused a break in
the transmission fluid line. The pump remained off for the reminder of the year. A total volume
of 19.329 billion litres was transferred during the 138 days of pumping in 2011.
Improved management of water continued in 2010, with removal of some of the stop logs from
the Menzies Lake dam, which allowed water to flow by gravity via Menzies Brook and into
Ludgate Lake /Spruce Lake. This reservoir was used during the peak demand period and stop
logs returned in the fall to permit natural refilling of this basin and thus reducing pumping
requirements.
43
M &C2012 -28
February 13, 2012
Page 5
Water Production - Loch Lomond
During 2011, annual water production for the Loch Lomond system was 26.3 billion litres, a
decrease of 16.1 billion litres from 2010 Loch Lomond water production, which was 42.4 billion
litres, and closer to the 2009, 2008, 2007, 2006 and 2005 production which was 36.8, 38.3, 45.5,
42.9 and 43.4 billion litres respectively. As mentioned above, in 2011, there was no flow from
the East system crossing the Reversing Falls Bridge to the West system.
Annual treated water production for 2011 for the Loch Lomond system was approximately 25.8
billion litres, a decrease of 13.7 billion litres from 2010 water production, which was 39.5 billion
litres. In 2011, peak daily production was 111.0 ML a decrease from 2010 which was 155.7 ML.
Water Production - Combined Systems
Combining the 2011 average daily water production for both the western and eastern systems
shows the overall system production (east and west combined) decreased to approximately 201
million litres per day from 209 ML per day in 2010. Production in 2009, 2008, 2007, 2006 and
2005 was 199 ML, 215 ML, 224 ML, 201 ML, and 205 ML respectively.
The reason for the overall system monthly production increase during the July to November
period can largely be explained by the annual summer season increase by the larger industrial
users; this was approximately 29 million litres per day on average.
Chemical Consumption
During 2011, a total of 128.2 tonnes of gaseous chlorine were purchased for the Loch Lomond
System, 206.8 tonnes of sodium hypochlorite for the Spruce Lake System and 90.0 tonnes of
hydrofluorosilicic acid (fluoride) purchased for the combined east and west systems.
The lack of flow across the Reversing Falls Bridge resulted in less potable water treated and
lower chlorine usage in the east system, as well as more potable water treated and higher
chlorine usage in the west system. These two changes were not equal, however, as a large
industrial user (Irving Pulp and Paper) consumed only raw (un- chlorinated) water during 2011.
Due to the Capital upgrades at Spruce Lake Facility, the fluoride was turned off on March 30,
2011. Fluoride addition will resume once the construction work is completed.
Operational Hiehlishts
Operational highlights are detailed in the body of the attached Annual Report. Topics discussed
include a vehicle that went off the road on Highway 1 at Ludgate Lake (Spruce Lake watershed),
and was submerged to its windows, the Watershed Clean-up Day, boil water orders, the water
quality issue along Rothesay Road, the fire at the Musquash Pumping Station, unidirectional
flushing, backflow prevention, watermain breaks, the leak on the Reversing Falls Bridge, and the
modelling software.
..
M &C2012 -28
February 13, 2012
Page 6
During 2011, Municipal Operations and Engineering administered a total of 12 water - related
capital projects designed to renew, clean and line and install new water main. Approved projects
included; cleaning and lining of approximately 1,161m of water distribution main, renewal of
approximately 10,900m of watermain ranging in size from 200mm to 1050mm, removal of 15
watermain flushing cross - connections between the water distribution and sanitary collection
system, as well as construction of the Green Head Road PRV and the installation of flow meters
on watermains within the distribution system and the creation of a program to monitor and audit
the water usage in each district. Also, a contract was awarded to demolish the existing well house
at 103 Ocean Drive, protecting the wellhead, and construct a new building complete with
disinfection equipment. This new system will be commissioned in September of 2011. In 2010
the City of Saint John had tendered a contract for replacement of the pumps and installation of
back -up power at the Spruce Lake Water Treatment Facility. The purpose of the project was to
replace the two original 1970s pumps and motors with three new pump /motor units. A large
component of the upgrade work was completed in 2011 with the remainder to be completed in
2012.
Operator Training & Certification
Saint John Water continues to make advances in the operation and maintenance of our water and
wastewater systems and the pivotal role they play in providing for the protection of public health
and the delivery of a vital service. The City of Saint John continues to work with the New
Brunswick Community College — Saint John in developing training programs for its water and
wastewater operators. The training has been attended by City of Saint John staff, numerous other
municipalities from New Brunswick and by private companies. A detailed training and
certification summary is included in the annual report.
RECOMMENDATION
It is recommended that Common Council receive and file this report, and authorize staff to
forward the Saint John Water 2011 Annual Water Report to the Department of Environment and
the Department of Health on behalf of the City of Saint John (Approval Holder).
Respectfully submitted,
Nicole Taylor, M.Eng., P.Eng.
Operations Manager, Water Resources & Quality, Saint Jo
4e�ndall Mas n, ng. atrick Woods, CGA
Deputy Commissioner, Saint John Water 1 Manager
45
.5 }•
2011 Annual Water Report 1
INTRODUCTION
Saint John Water, a division of the City of Saint John, is responsible for the delivery of three
public facing services; Drinking Water, Industrial Water and Wastewater. The following
annual report covers the Drinking Water and the Industrial Water services. The Wastewater
service annual report is submitted under separate cover.
The goal of the Drinking Water service is to supply safe, clean potable water reliably to all
users. Currently, drinking water simply receives limited treatment; coarse screening,
disinfection (chlorine gas at Latimer Lake and sodium hypochlorite at Spruce Lake) and
fluoridation. The service is regulated under the Clean Environment Act — Water Quality
Regulation and Clean Water Act - Potable Water Regulation and delivered under Approval to
Operate W-669: Drinking Water Treatment and Distribution Facilities. This Approval to
Operate (a copy is enclosed in Appendix E) was issued by the New Brunswick Minister of the
Environment effective April 1, 2011. This Approval supersedes Approval W -254 which
expired March 31, 2011. The City's current certificate is valid for a 5 -year period from April
1, 2011 to March 31, 2016. The certificate represents formal authorization to the City of Saint
John (Approval Holder) by the Minister to operate drinking water facilities.
The Industrial Water service provides some industries in Saint John (namely Irving Pulp &
Paper, Coleson Cove and Irving Paper) with raw industrial water to support and carry out their
processes.
All municipal drinking water systems in New Brunswick are required to abide by the various
conditions set out in Approvals to Operate drinking water treatment and distribution facilities.
These regulatory tools set standards for water treatment facilities, distribution facilities,
system operators and overall operation of facilities that strive to ensure safe and reliable
drinking water for all users. Saint John Water fully endorses these standards and the
philosophy behind the need for strict regulation of systems supplying such a vital service to
the public.
Protective Barriers
People must have water to live; good health depends on consuming adequate quantities of
safe, clean drinking water. That water must be delivered, at the best cost possible, to Saint
John homes, institutions and businesses in a state that is clear, colourless, odourless and free
of disease - causing micro - organisms (pathogens) or harmful chemicals.
The Drinking Water Service is a public service that provides drinking water to the community
and is vital to the economic vitality of the region. This service includes the supply of water,
treatment, testing, transmission and distribution, administration of the service, and billing and
collections.
Saint John Water manages its drinking water service based on the Multi- Barrier Approach
from the water source to the user's tap. Drinking water quality must be assured through a
series of protective barriers:
, 2011 Annual Water Report 2
i. Source (Watershed) Protection
z. Drinking Water Treatment
3. Operations and Maintenance (including staff training, development and staff levels)
4. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping)
s. Distribution System (residual chlorine, total coliform, E. coli, flushing, storage
reservoirs, backflow prevention and cross connection control)
6. Emergency Response (contingency plans, boil order responses, ,safety training, etc)
Annual Report
Condition 36 of the certificate requires submission of an Annual Report to the Department of
the Environment no later than March 1 of the following year. The report provides pertinent
technical and operating information to the regulator on the City's water systems:
r Monitoring results (daily /weekly /monthly data such as free chlorine residual,
turbidity, pH, temperature, iron, manganese, etc.)
A. Monthly water production
Operational highlights (significant incidents and system improvements, changes, or
additions);
Alarm log (major alarms — the balance to be discussed during the ACE)
Summary of backflow prevention and cross - connection activities;
y Summary of flushing activities;
Operator information (training, certifications, and staffing changes);
:11 Public relations (notifications & public education)
List of major new extensions and/or renewals complete with analytical results
(microbiological, organic& inorganic) and the balance to be discussed during the
ACE
Additional comments
MONITORING RESULTS
Raw Water and Distribution System
and Distribution S s
The City of Saint John obtains its drinking water from two watersheds — Spruce Lake (west)
and Loch Lomond (east). The quality of water in the lakes that make up the watersheds is
important to the final quality of treated potable water. To that end, Saint John Water analyzed
raw water sources in the eastern water system from ten locations and in the western water
system from four locations. This raw water sampling is in addition to the water quality
Sampling Plan approved by the Department of Environment. Appendix A includes maps of
the east and west systems which note the raw water sample sites. Appendix B provides a
summary of all parameters measured for each of the respective raw water sampling locations.
47
W`101-
2011 Annual Water Report 3
The approved Water Sampling Plan from the Department of Environment required that
samples be collected weekly at thirty one locations across the three water systems and
microbiologically analyzed. Nineteen of the sites are analyzed semi - annually for inorganic
parameters and quarterly for organic parameters.
In 2011, there were issues with several Sampling Plan
locations as follows:
Y Irving Pulp Mill, Meter Chamber, 301 Mill Road
(NBSID 15601) - was not sampled during 2011 as
there was no flow being directed across the Reversing
Falls Bridge.
Y Ocean Well, 103 Ocean Drive (NBSID 15805)
construction continued during 2011 on the upgrade to
this wellhouse, including the installation of a chlorine
addition system. It was operational as of September
2011.
The sampling plan adhered to during 2011 is summarized below.
Bacteriological (weekly sampling)
Source
Raw Water
Distribution System
Loch Lomond
1
18
Spruce Lake
1
9
Red Head
12
0
Total
14 127
15
Ivorganic
semi - annual sampling)
Source
Raw Water
Distribution System
Loch Lomond
1
9
Spruce Lake
1
6
Red Head
2
0
Total 14
15
15
Organic (quarterly sampling)
Source
Raw Water
Distribution System
Loch Lomond
1
9
Spruce Lake
1
6
Red Head
2
0
Total
4
15
.•
2011 Annual Water Report 4
Organic and inorganic analytical results are included in Appendix C noting each location
where the respective samples were collected.
Weekly microbiological results for E. coli (EC), total coliforms (TC) and monthly results for
Heterotrophic Plate Count (HPC) are in Appendix D.
A full copy of the Sampling Plan, developed in conjunction with the Department of the
Environment and the Department of Health, is contained in Appendix E. A map showing the
various sampling locations is also included in Appendix E.
In preparation for the preliminary design of new water treatment facility and to more closely
monitor disinfection by- products, the following additional analyses continued through 2011.
• Given the levels of trihalomethanes (THMs) found at some of the sampling locations,
the frequency of THM sampling remained at monthly; well above the Sampling Plan
requirements of quarterly analyses. THMs are formed when the disinfectant chlorine
reacts with decaying organic material in the untreated water. Results are reported in
Appendix T.
• Haloacetic acids (HAAS) are another disinfection by- product formed when chlorine
reacts with organic material in the untreated water. Although HAAs are not currently
regulated in New Brunswick, it is expected that this will happen in the near future.
Sampling for HAAs was performed monthly during 2011. Results are reported in
Appendix T.
• Dissolved organic carbon (DOC) and total organic carbon (TOC) are precursors to the
formation of both THMs and HAAs. These parameters continued to be monitored
monthly during 2011. A goal in the design of new water treatment facility is the
reduction of these organic precursors, so that when the disinfectant (chlorine) is added
near the end of the treatment process, the quantities of THMs and HAAs formed will
be substantially less than current, and less than the levels regulated by Health Canada.
Results are reported in Appendix T.
• Collection of samples for ultraviolet transmittance (UVT) began in May of 2007.
Starting March 19, 2010, readings were taken at 254 nm, as per Standard Methods for
the Examination of Water and Wastewater, 21" edition, (2005). Previously, readings
were taken at 265 nm. Results for 2011 are reported in Appendix T.
• Taste and odour sampling continued to be monitored in 2011. The indicator
parameters for taste and odour are Geosmin and MIB (2- methylisoborneol). Results
are included in Appendix V.
With respect to water testing, Saint John Water utilizes a number of laboratories. Analytical
service providers include Saint John Laboratory Services Ltd. for microbiological analyses,
Maxxam Analytics (January to June) and AGAT (June to December) for organics including
THMs and HAAS, AGAT Laboratories for inorganics and organic carbon (dissolved and
2011 Annual Water Report 5
total), Caduceon Environmental Laboratories (January to June) and Research and Productivity
Council (June to December) for benzo[a]pyrene and pentachlorophenol, and AGAT
Laboratories for the watershed analyses. Following issues with HAA analysis at AGAT
Laboratories, split samples were directed to Maxxam Analytics.
Consideration is given to the proximity of the lab to the water system when selecting an
analytical service as travel time delays results and could adversely impact the quality of
samples being transported. Appendix K contains summaries of the applicable accreditations
currently held by each of the laboratories utilized by Saint John Water.
Since 2007, Saint John Water has been utilizing the WaterTrax data management service. It
allows data to be input directly into the database by contract laboratories as well as field staff,
and historical data may be reported via custom templates, plotted on trend screens, or
downloaded into spreadsheet format. The Department of Health has access to all data within
WaterTrax.
Monitorine Results
In June of 2004 a chlorine residual assurance program was put in place that manually tested
for effective disinfection every 4 hours, every day, in both the east (Lakewood Heights
Pumping Station) and west (Gault Road) systems. In the summer of 2010, the Gault Road
Pumping Station was de- commissioned and the building was demolished. In lieu of manually
sampling inside the underground Pressure Reducing Station six times per day, an on -line
(continuous) chlorine analyzer was installed and connected to the SCADA system. In 2011,
an on -line chlorine analyzer was installed at the Lakewood Heights Pumping Station as well.
The data collected during 2011 is summarized in Appendix F. Residual chlorine is also
monitored by on -line chlorine analyzers at the Latimer Lake Facility and Spruce Lake
Facility.
On -line turbidity monitoring was installed and commissioned at the Latimer Lake Treatment
Facility and the Spruce Lake Treatment Facility in 2008. Manual calibration checks are
performed to confirm the accuracy of the on -line instruments. The calibration check data
collected during 2011 is summarized in Appendix T.
The temperature of the raw water sources is also measured regularly. The data collected
during 2011 is summarized in Appendix T.
Included in Appendix G is the chlorine residual data collected as part of the regular water
testing program (including east and west residual sheets) as well as other regularly monitored
data, such as pH, temperature, turbidity, fluoride, total dissolved solids, conductivity, and
iron. The Saint John Water Environmental Laboratory has been participating in CALA
Proficiency Testing for various parameters. The results for 2011 are included in Appendix O.
Saint John Water laboratory staff calibrate the portable chlorine detection units to ensure
reading accuracy. The HACH Chlorine Pocket Colorimeters calibration check is targeted to
be performed on a quarterly basis, or more often if requested from the user. The units are
50
o,sotin 1vQ
2011 Annual Water Report 6
compared against HACH standards to ensure their reliability. The results from these regular
calibration checks are recorded and are included in Appendix J.
In 2006 two portable turbidimeters were purchased for each water system and a calibration
check frequency of quarterly was identified. Annually a HACH customer service
representative is contracted to check the portable turbidimeters and on a rotational basis the
HACH Chlorine Pocket Colorimeters. Functional Check Record sheets for the portable
turbidimeters are also located in Appendix J.
The SCADA system that monitors on -line parameters throughout the water system includes a
system for generating alarms when conditions are outside of the pre -set desired operating
ranges. Saint John Water continues to verify on a regular basis that this system for
chlorination alarms, turbidity alarms, and facility intrusion alarms are operating correctly.
During 2008 and 2009, a Safety Audit and a Confined Space Audit of water facilities were
performed in conjunction with WorkSafeNB. The audits included the treatment plants,
pumping stations, storage tanks, and underground chambers. This audit identified 443 items
to be addressed, including, for example, ladders that do not meet current code, insufficient
ventilation in some areas, improper labelling, improper storage of some chemicals, improper
shielding, lack of Standard Operating Procedures, etc. By the end of 2011, 63% of the items
identified had been addressed and others will be addressed in time.
WATER PRODUCTION
Spruce Lake System
During 2011, a discrepancy in the measurement of treated water flows was discovered. The
sum of the two magmeter flows, located at Ocean West Way and Water Tower Road, were
71% of the readings from the insertion flowmeters at the Spruce Lake Facility. As the
magmeters are deemed to be the more accurate readings, the treated water flows were
adjusted accordingly.
Annual water production (raw and treated) during 2011 for the Spruce Lake system was
approximately 47.1 billion litres, an increase of 13.2 billion litres over 2010 annual Spruce
Lake water production, which was 33.9 billion litres. Water production for 2009 was 35.8
billion litres, 2008 was 40.2 billion litres, 2007 was 36 billion litres, 2006 and 2005 were each
less than 32 billion litres. The largest contributor to the increased production as compared to
the past few years is that in 2011, there was no flow from the East system crossing the
Reversing Falls Bridge to the West system. The result was that the Fundy Heights and Lower
West Side zones were supplied from West water only, and all water delivered to Irving Pulp
and Paper (IPP) during this period flowed via the 1500 mm west raw water transmission main
as opposed to a normal operating split of approximately one -third from east and two- thirds
from west.
51
Ap
2011 Annual Water Report 7
In 2011 peak monthly production was 4.55 billion litres and comparatively 2010, 2009, 2008,
2007, 2006 and 2005 peak monthly production was 3.63, 3.85, 4.1, 4.2, 3.3 and 4.2 billion
litres respectively.
Spruce Lake System
2011 Combined - Treated and Raw Water Production
MONTH
PEAK DAILY PRODUCTION
(Mega Litres )
MONTHLY PRODUCTION
(Mega Litres
January
154.3
3,780.5
February
158.2
3,371.1
March
155.7
3,759.7
April
172.2
3,674.1
May
154.6
3,193.1
June
168.3
3,933.0
July
200.3
4,528.0
August
190.7
4,554.5
September
188.2
4,473.5
October
169.2
4,119.2
November
173.7
3,893.6
December
149.1
3,788.6
TOTAL
47,068.8
5,000
4,500
4,000
E2 3,500
2 3,000
2,500
2,000
1,500
1,000
500
0
2011 Spruce Lake System
Monthly Production
Jan. Feb. Mar_ Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec.
52
] r
2011 Annual Water Report 8
Annual treated water production during 2011 for the Spruce Lake system was approximately
4.43 billion litres. In 2011, peak daily production was 36.1 ML a decrease over 2010 which
was 24.9 ML.
Spruce Lake System
2011 Treated Water Production'
MONTH
PEAK DAILY PRODUCTION
(Mega Litres)
MONTHLY PRODUCTION
__(Mega Litres
January
20.3
351.3
February
19.6
343.9
March
19.0
379.4
April
20.8
363.8
May
21.2
386.3
June
36.1
390.4
July
27.2
393.4
August
21 .0
368.7
September
19.8
345.0
October
14.4
349.2
November
12.9
376.2
December
12.9
381.8
TOTAL
4,429.4
`(excludes raw water to Coleson Cove and LPP)
400
390
L 380
m
370
360
350
340
330
320
310
2011 Spruce Lake System Monthly Treated Water
Production
Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec.
53
2011 Annual Water Report 9
When the level of water in Spruce Lake dropped to 59.91 m (196.6') on July 4, 2011, staff
turned on the 2000 horsepower Musquash pump and began transferring water from the
Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This
interbasin transfer is necessary to provide for the industrial demand on the Spruce Lake
system. On August 1, 2011, there was an electrical fire; repairs and cleaning were undertaken,
and pumping resumed on August 8, 2011. On November 26, 2011, there was a station service
trip that caused a break in the transmission fluid line. The pump remained off for the
reminder of the year. A total volume of 19.329 billion litres was transferred during the 138
days of pumping in 2011. During 2010, 2009 and 2008, the Musquash pump operated for a
total of 114, 26 and 48 days, with total volumes of 14.412, 3.875 and 3.84 billion litres,
respectively. As noted above, all water delivered to Irving Pulp and Paper (IPP) during 2011
flowed via the 1500 mm west raw water transmission main as opposed to a normal operating
split of approximately one -third from east and two - thirds from west. This resulted in
increased pumping at Musquash.
Improved management of water continued in 2010, with removal of some of the stop logs
from the Menzies Lake dam, which allowed water to flow by gravity via Menzies Brook and
into Ludgate Lake /Spruce Lake. This reservoir was used during the peak demand period and
stop logs returned in the fall to permit natural refilling of this basin and thus reducing
pumping requirements.
I � i
J
I _ 4 -"'- SW JI
Map of Western Watersheds (Musquash and Spruce Lake)
The Spruce Lake watershed is 20.4 km2 and the surface of the lake and City land total
18.9 km2 or 92.6% of the total Spruce Lake Watershed area.
54
2011 Annual Water Report 10
Loch Lomond System
During 2011, annual water production for the Loch Lomond system was 26.3 billion litres, a
decrease of 16.1 billion litres from 2010 Loch Lomond water production, which was 42.4
billion litres, and closer to the 2009, 2008, 2007, 2006 and 2005 production which was 36.8,
38.3, 45.5, 42.9 and 43.4 billion litres respectively. As mentioned above, there was no flow
from the East system crossing the Reversing Falls Bridge to the West system.
Loch Lomond System
2011 Combined - Domestic and Industrial Water Production
MONTH
PEAK DAILY PRODUCTION
(Mega Litres )
MONTHLY PRODUCTION
(Mega Litres)
January
84.5
2,126.0
February
86.9
1,959.7
March
81.9
2,192.7
April
79.9
2,079.1
May
83.4
2,032.0
June
91.6
2,015.6
July
148.8
2,399.5
August
83.7
2,141.3
September
101.8
2,411.0
October
111.0
2,307.0
November
110.4
2,514.7
December
85.3
2,132.5
TOTAL
26,310.9
3,000
2,500
2 2,000
10311,500
2
1,000
500
0
2011 Loch Lomond System
Monthly Production
Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec.
55
2011 Annual Water Report 11
Annual treated water production for 2011 for the Loch Lomond system was approximately
25.8 billion litres, a decrease of 13.7 billion litres from 2010 water production, which was
39.5 billion litres. In 2011, peak daily production was 111.0 ML a decrease from 2010 which
was 155.7 ML.
Loch Lomond System
2011 Treated Water Production
MONTH
PEAK DAILY PRODUCTION
e a Litres)
MONTHLY PRODUCTION
(Mega Litres)
January
84.5
2,126.0
February
86.9
1,959.7
March
81.9
2,192.7
April
79.9
2,079.1
May
83.4
2,032.0
June
91.6
2,015.6
July
92.8
2,183.4
August
83.7
2,141.3
September
82.1
2,068.4
October
111.0
2,307.0
November
110.4
2,514.7
December
85.3
2,132.5
TOTAL
25, 752.2
(excivaes raw water spivage to lrvtng traper)
3,000
2,500
d
'
2,000
m
1,500
1,000
0
2011 Loch Lomond System Monthly Treated Water
Production
Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. '
56
2011 Annual Water Report 12
a
A g.
� a
F
r `
H
Map of Eastern Watersheds (Latimer and Loch Lomond)
The Latimer Lake watershed is 2 km2. The surface of the lake is 0.84 km2 (42 %) and the City
owned land totals 0.85 km2 or 42.5% of the total Latimer Lake Watershed area.
The Loch Lomond watershed is 104 km2. The surface of the lake is 9.9 km2 (9.5 %) and the
City owned land totals 43.8 km2 or 42.1 %.
Combined Systems
Combining the 2011 average daily water production for both the western and eastern systems
shows the overall system production (east and west combined) decreased to approximately
201 million litres per day from 209 ML per day in 2010. Production in 2009, 2008, 2007,
2006 and 2005 was 199 ML, 215 ML, 224 ML, 201 ML, and 205 ML respectively.
The reason for the overall system monthly production increase during the July to November
period can largely be explained by the annual summer season increase by the larger industrial
users; this was approximately 29 million litres per day on average.
57
2011 Annual Water Re P ort 13
250
coo 200
v
Le 150
m
100
50
0
2011 Combined Systems (Spruce & Loch Lomond)
Average Daily Production
(by month including industrial flows)
Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec.
Chemical Consumption
During 2011, a total of 128.2 tonnes of gaseous
chlorine were purchased for the Loch Lomond
System, 206.8 tonnes of sodium hypochlorite for
the Spruce Lake System and 90.0 tonnes of
hydrofluorosilicic acid (fluoride) purchased for the
combined east and west systems.
i
i
PThe lack of flow across the Reversing Falls
IWW
— „ t Bridge resulted in less potable water
00�=-r ` I treated and lower chlorine usage in the east
system, as well as more potable water
treated and higher chlorine usage in the west system. These two changes were not equal,
however, as a large industrial user (Irving Pulp and Paper) consumed only raw (un-
chlorinated) water during 2011. Due to the Capital upgrades at Spruce Lake Facility, the
fluoride was turned off on March 30, 2011. Fluoride addition will resume once the
construction work is completed.
a
2011 Annual Water Report
OPERATIONAL HIGHLIGHTS
Watersheds
On April 2, 2011, a vehicle went off the
road on Highway 1 at Ludgate Lake (Spruce
Lake watershed), and was submerged to its
windows. Saint John Water collected
samples at the site as well as at the intake to
the Spruce Lake Water Treatment facility, in
order to monitor BTEX compounds
(benzene, toluene, and xylenes). All
samples collected showed no detection of
any BTEX compounds.
14
On June 15, 2011, Saint John Water held
a Watershed Clean -up Day. In a five -
hour period, forty -eight volunteers
gathered approximately 3.8 metric
tonnes (approximately 8400 pounds) of
garbage and litter from the areas near
First Lake, Second Lake, Robertson
Lake, and Latimer Lake. Three loads (2
tandems and one packer) of garbage
were hauled to the landfill. The garbage
included 13 tires, various car parts,
couches /chairs, scrap metal, mattresses,
glass, roofing and other construction
materials. appliances, and general litter (including diapers, coffee cups, food wrap, bottles and
cans, clothing). A dead moose was also discovered and removed from Frist Lake, and the
Department of Natural Resources was notified. Two abandoned buses and a vehicle were also
found, and separate arrangements are
being made to remove them.
The total cost of the Watershed Clean-up
Day was approximately $9000, which
included labour and equipment costs,
landfill tipping fees, clean -up supplies
(gloves, garbage bags, etc), and a
barbeque lunch for the volunteers.
Another Watershed Clean -up Day will be
planned for 2012.
59
°~ 2011 Annual Water Report 15
Water Ouality
Several boil order notifications were issued during 2011. The following locations were
affected:
• June 10, 2011 — Market Place — civic numbers 155, 157, 161, 163, and 165, as well as
Winslow Street, civic number 79.
• August 26, 2011 — Ashburn Road -civic numbers 895, 899, and 901.
• September 16, 2011 - Red Head Subdivision.
The boil order in June on Market Place was during a Capital project, and occurred when
contractors accidently struck a gate valve, causing a leak. Following discussion with
Department of Health, the affected homes were temporarily serviced from a fire hydrant, and
a self- imposed precautionary boil order was issued.
The boil water order in August on Ashburn Road originated from additional testing that was
being performed to monitor water quality, following the decision by the Town of Rothesay to
connect the Kennebecasis Park and Hastings Cove areas to its Carpenter Pond Water Supply.
As part of the testing, chlorine residuals and
microbiological parameters were frequently tested`
along the 300 mm (12 ") pipe between Rothesay
Avenue and Kennebecasis Park, including the
Drury Cove area. Chlorine levels were
unacceptably low at Ashburn Road, and by the {
end of August the microbiological testing was
positive for total coliforms. A boil water order
was issued. Samples taken in the Drury Cove area . .
did not show any adverse results, and the issue on
Ashburn Road was attributed to there being only 3
commercial users serviced by a relatively large
watermain, as well as the elevated water
temperature. Chlorine and microbiological testing
continued to show unacceptably low levels of
chlorine and the frequent presence of total coliforms. Following discussion with Department
of Health, the boil order was rescinded on January 13, 2012. This location will continue to be
monitored closely.
The boil order in September in the Red Head Subdivision was due to the Capital project that
was underway, to provide chlorinated water to the distribution system within the subdivision.
There are two wells in this subdivision — located on Ocean Drive and Seaward Crescent. In
2010, a contract had been awarded to demolish the existing well house at Ocean Drive, and
construct a new building complete with disinfection equipment. The Ocean Drive well had
previously been removed from service in 2009, due to unacceptable microbiological results,
.E
2011 Annual Water Report 16
even after the well was repeatedly shocked (disinfected). Once the upgrades at the wellhouse
at Ocean Drive were completed and was ready for commissioning, a precautionary boil order
was issued for two reasons: 1) it was already known that the water from this well was
contaminated, and had to be properly disinfected prior to entry in the distribution system, and
2) it was unknown how the newly chlorinated water would react with the existing biofihn (a
layer of microorganisms) on the inner walls of the watermains. Also as a precaution, the
chlorine was added at •a higher dosage than what was anticipated would be required once the
system was fully functional. During the commissioning phase, chlorinated water was
gradually introduced
into the distribution
k system, street by street.
► Concurrently, there was
an operational issue
with the control of the
chlorination equipment
that unfortunately took
more than one week to
address, and because
the well water was
known to be
contaminated, the boil
y order could not be
lifted as there was the
risk of introducing
water into the
distribution system that
had not been
disinfected. On September 30, 2011, once the chlorine equipment issue was resolved, and
once chlorinated water was being introduced in the entire distribution system, and after
chlorine and microbiological testing was completed, the Department of Health allowed the
boil order to be rescinded. Saint John Water then began to lower the dosage of chlorine, in
order to minimize the quantity of chlorine added while still maintaining acceptable chlorine
levels at the extremities of the distribution system.
A "Do Not Consume" order was issued for 108, 118, and 128 Charles Street East on July 29,
2011. During the cleaning and lining of the water main along Charles Street East, it was
discovered that the water main contained an existing bituminous (coal tar) lining. Coal tar
linings may produce poly aromatic hydrocarbons (PAHs), and for this reason, as a
preventative measure, a "Do Not Consume" order was issued until the main could be cleaned
and lined and returned to service.
Copies of the boil order notices, the "do not consume" notice, the rescind notices, as well as
information notices to the public are included in Appendix Q.
61
2011 Annual Water Report 17
On Tuesday, February 8, 2011, the Town of
Rothesay connected customers of the Town
of Rothesay West Water System
(Kennebeca.sis Park and Hastings Cove area)
to its Carpenter Pond Water Supply. Since
1996 the Rothesay West Water System had
been supplied water from the City of Saint
John. This change in water supply source
resulted in the creation of a large (300 mm)
dead -end pipe, affecting Saint John Water
customers on Rothesay Avenue east of
Broadway Avenue. Large dead -end pipes are
a concern; they usually result in decreased
chlorine residuals, which may result in
adverse microbiological testing results.
By the end of the week, Saint John
Water staff re- started the seasonal
(summer) flushing at the fire hydrant
near 36 Park Drive (entrance to
Kennebecasis Park), as chlorine
residuals had dropped significantly.
Another flushing was set up soon after,
at 1160 Rothesay Road (end of the
300 mm pipe). Discussions were held
with the Department of Health and the
Department of Environment, and
additional weekly chlorine and
microbiological monitoring was
initiated. A consulting firm was engaged to evaluate options, with the primary goal being the
ability to maintain chlorine residual at the end of the large dead -end pipe. Lab -scale and
pilot -scale testing was performed to evaluate possible solutions. This testing will continue
into 2012 to evaluate equipment size, as well as potential capital, operating, and maintenance
costs.
On Wednesday, August 3, 2011,
west side residents and businesses
were asked to conserve water, as
on Monday there had been an
electrical fire at the Musquash
Pumping Station. This station
pumps water from the Musquash
watershed in to the Spruce Lake
watershed, usually during the
summer months when the water
elevation at Spruce Lake drops
below 60.0 m. The fire
62
V:
- 2011 Annual Water Report 18
The process of flushing watermains
has a twofold purpose; it moves fresh
water through areas of low flow and
expels sediment and loose particles out
of the distribution system. In areas
that can't be flushed, problems
compound with the inability to
introduce fresher water. While it is
important to strive to reduce the
amount of water flushed, Saint John
Water operates and manages the water
system with public health, safety and
quality of drinking water as its
foremost priorities.
completely damaged one of the two motor
starters, while the other required significant
repair; all the electrical equipment in the room
required thorough cleaning as well. This
process was completed by August 10, 2011,
and the pumps were re- started. A capital
project was initiated to replace the first
(irreparable) motor starter, as well as other
electrical equipment that had previously been
identified for replacement or upgrading.
On November 27, 2011, the main station
service tripped, causing the pump to stop. As a
result of this sudden interruption, the rush of
back flowing water caused vibration on the
discharge pipes, and caused a hydraulic line to
break. Department of Environment was
notified. It was estimated that five to six liters
of hydraulic oil was lost and the spill was
unmediately cleaned up. The hydraulic oil was
changed in January of 2012 to food -grade oil.
In order to flush as efficiently and effectively as possible Saint John Water has adopted
unidirectional flushing (UDF) as the standard for routine pipe cleaning. This method controls
the flow of water by strategically closing valves, thereby increasing flushing velocities and
reducing water disturbances in the immediate area.
After seven (7) years of sector by sector development, Saint John now has the entirety of the
city flushed with the UDF method except for those pipes in the northern most parts of the
water system (Millidgeville/Westmount). Over this time Saint John Water has engaged the
services of Aqua Data Atlantic to design and execute this service. Starting at the source of
63
K3�r1
2011 Annual Water Report 19
water, the science based sequences step through the vast network of pipes, pulling fresh water
along the way to the extremities of the system. In 2011 we continued to flush all previously
modeled portions of the water system while expanding the program to the balance of the
Central Low Zone north of the Saint John Throughway and the Rockwood Park High Zone.
The table below illustrates the growth of the Unidirectional Flushing Program since 2005.
09""pt"
Number of sequences
aws
114
2006
205
2007
377
2008
360
2000
544
2010
861
2811
1015
Total length of pipe (km)
?5
61
137
130
?24
373
421.59
Length of pipe flushed (km)
21
42
92
d9
193
212
255.48
Total number of fire hydrants
168
278
608
594
987
1616
1863
Number of fire hydrants used
71
131
252
234
368
566
657
Total number of valve.
377
634
1298
1251
2057
3439
4076
Number of valves used
137
228
407
402
570
933
1141
Average number of valves
operated per sequence
5
4
4
4
3
4
3.4
The UDF sequences for Saint John were performed by two Aqua Data technicians between
June 13, 2011 and October 27, 2011. As can happen when other infrastructure projects are in
progress, some sequence changes are necessary. In these instances Aqua Data would relocate
to a different area of the city, returning to finish the zone at a later time. The following
information highlights the results of this year's unidirectional flushing program:
■ Total number of sequences
■ Total length of pipes flushed
1015
255.5 km
• Total number of fire hydrants utilized 657
■ Total number of valves operated 1141
■ Total water volume used 26,874,000 US Gallons
■ Average velocity per sequence
4.9 :ft/second
Given the age and condition of some sections of our infrastructure the targeted turbidity was
to be less than or equal to 3.0 Nephelometric Turbidity Units (NTU). The average count
achieved over the entire program was 1.72 NTU with 99% of the sequences measuring below
3.0 NTU.
2011 Annual Water Report 20
With an emphasis on UDF as an annual maintenance program, the past practice of flushing
hydrants the conventional way has been discontinued. However from time to time
conventional flushing is executed on dead ends and in response to areas where water quality
problems are reported.
In 2011 Saint John Water performed extensive continuous water quality flushing around the
City. At its peak during the warm summer
weather, 23 separate water quality flushings
(see Appendix W) were active throughout the
city; sixteen were located in the east water
system and seven in the west system. Ten of
the flushings are year - round, the remainder are
seasonal (temperature related). Flushings that
are presently required will not necessarily be
needed indefinitely. The need to flush water
across the system will reduce over time as
pipes are cleaned and lined, renewed, systems
are looped, organics are removed through full
treatment.
In 2012 the planned UDF program will see a continuation of flushing in the established zones
as well as the development and execution of sequences in the Millidgevillc, Sandy Point and
Kennebecasis pressure zones. This will be a milestone as it marks the commitment of Saint
John Water to flush the entire water system using the unidirectional method.
Backflow Prevention and Cross - Connection Control
A cross- connection means any actual or
potential connection between a potable water
system and any source of pollution or
contamination. A backflow prevention device
is used to protect water systems from non
potable connections, for example: water
boilers, sprinkler systems, commercial and
industrial equipment.
As of December 31, 2010 there were 2,578
testable backflow prevention devices
registered with the City of Saint John Cross -
Connection Control Program.
f
The Plumbing Inspector and the Manager, Water Use Management remain active members of
the New Brunswick Backflow Prevention Association and the Cross - Connection Control Sub-
committee of the Atlantic Canada Water Works Association ( ACWWA). Locally they
represent the ACWWA as proctors overseeing certification examinations for the testers of
backflow prevention devices.
65
- 2011 Annual Water Report 21
Water Distribution
In 2011, Saint John Water staff responded to 89 watermain breaks, the mains ranged in size
from 50 mm to 900 mm in diameter, this is 26 more than in 2010. A detailed listing of the
breaks is located in Appendix M.
In January of 2011 Saint John Water
contracted Gulf Operators to replace a
3 meter section of 900 mm water main
along Pipeline Road East. This section of
steel lock bar pipe that had been installed
in 1929 developed leaks along a scam. In
order to complete the repair two collars
were welded to each end of the existing
pipe and couplings were used to connect a
new section.
One of most significant breaks occurred on
- November 5a' near 850 Loch Lomond
Road, a catastrophic failure of a 600 mm transmission main. The repair required one and a
half days to complete which included the replacement, disinfection, and the re- commissioning
of a 3 m section of the main that had been installed in 1857.
In 2009 the Parks Street Pump Station
Upgrade project began, and continued
into 2010. The project includes the
replacement of one diesel pump with
one diesel generator capable of
operating both pumps. In addition, the
roof of the station was replaced, the
electrical conduit was renewed, and a
magmeter installed to measure flow. As
of the end of 2010, it remained for the
diesel generator to be commissioned.
The load tests were performed in the s u
working on possible solutions.
mmer of 2011, but did not pass. The consultant is
On December 18th, 2010 the 475 mm water main crossing under the Reversing Falls Bridge
was taken out of service due to a leak within the west end bridge abutment. After reviewing
the options and the cost of a repair it was decided to leave the pipe out of service as it was
scheduled for replacement in 2012. Due to ongoing work on the Harbour Bridge the
replacement of the water main under Reversing Falls Bridge has been pushed to 2013.
In 2008 Saint John Water purchased WaterGems water modeling software. A portion of 2008
and all of 2009 was been spent developing a model that accurately reflects the piping
..
4;
.f
2011 Annual Water Report
22
infrastructure and system demands. In 2010, the remaining smaller diameter pipes on the east
side were entered, completing all loops in the system.
The uses for the water model include verification of new watermain sizing as well as
numerous water system simulations. Ongoing updates were made and many analyses were
carried out in the Saint John Water Model in 2011. New pipes were added and existing pipes
originally created from lower quality source information were verified or corrected. The most
notable additions to the model in 2011 were the new watermains in the Spruce Lake Industrial
Park and the new transmission main on Pipeline Road East. Twenty -one water modeling
projects were carried out in 2011 which dealt with pressure, flow, water age, fire flow, and
tank analyses. Some of the larger projects included the Rothesay Road project (dealing with
water age for alternative pipe sizes and configurations) and the Forest Hills project (dealing
with pressures and fire flow analyses when switching the area to a different pressure zone).
Condition 44 (formerly Condition 57) of the Approval to Operate requires that mitigation
measures for all sources of cross- connections between potable water and sewer systems be
undertaken in accordance to the approval
plan submitted. In the 2006 Annual report it
was noted that staff of Saint John Water
identified a total of 115 cross - connections.
Field evaluations of each location were
completed and a plan established to remove
the cross- connections. In June 2007 Saint
John Water staff informed the Department of
Environment there were now 114 cross-
connections still remaining and a
comprehensive document complete with
sketches of all 114 connections was
submitted.
It was proposed, that the work estimated at $1 million, be completed over a two -year period
as part of the Water & Sewerage Utility Fund Capital Program. The first - $500,000 (Phase 1)
of the work was approved in December 2007 as part of the 2008 Water & Sewerage Utility
Fund Capital Program. The project included the removal of flushing cross - connections and
the installation of new fire hydrants for future flushing capabilities. Phase I of the program
was completed in 2008; of the 57 cross- connections identified, 29 were removed, 4 were
deferred to 2009 and 24 had been removed by Saint John Water maintenance crews in
previous years. The second - $500,000 (Phase 2) of the work was approved as part of the 2009
Water & Sewerage Utility Fund Capital Program. This project like Phase 1 also included the
removal of flushing cross - connections and the installation of new fire hydrants for future
flushing capabilities. Phase 2 of the program was tendered in September 2009 and awarded in
October 2009, however work was not able to commence given the lateness of the construction
season, and was undertaken during the 2010. In addition, another $100,000 was allocated in
the 2010 Water & Sewerage Utility Fund Capital Program as more cross - connections were
recently identified during the water system record (map) updating that is underway. This work
was undertaken in 2011. Work that is planned for the 2012 construction season is included in
67
��phrl (1r_
P. 2011 Annual Water Report 23
Appendix U, and will complete the removal of known cross connections. The record updating
will continue and any new cross - connections identified will be tracked separately to allow for
continued budgeting, design and construction work to eliminate all cross- connections.
Under the Infrastructure Stimulus Fund
Program, a project to rehabilitate the Cottage
Hill and Rockwood Park water storage
reservoirs was approved. This project began
in the fall of 2010, and was completed by the
end of March 2011. Among other repairs, the
interior coatings on both water storage
reservoirs were in need of being replaced as
they were in a deteriorated condition and were
of no effect in controlling corrosion of the
steel structures. The tanks were suffering from
pitting of the steel and would have continued
to increase if the tank coatings were not
renewed. _
Rockwood Park Tank — Spring 2011
Cottage Hill Tank - Winter 2010 -2011
CAPITAL WATER SYSTEM IMPROVEMENTS
Cottage Hill Tank -- Spring 2011
During 2011, Municipal Operations and Engineering administered a total of 12 water related
capital projects designed to renew, clean and line and install new water main.
Appendix H provides a detailed listing of the projects that were included in the 2011 Water
and Sewerage Utility Fund Capital Program approved by Common Council. Seven projects
from the 2010 approved Capital Program was carried forward to 2011 and completed.
In 2011, the utility share of capital funding to water related categories (which are made up of
infrastructure renewal - water, the safe clean drinking water program, and watershed
.:
*' 2011 Annual Water Report 24
protection) totalled over $2.39 million or as can be seen by the pie chart on the first page in
the Appendix H, 10.3% of the utility share of capital expenditures.
In summary, water works completed in 2011 capital projects included the following; cleaning
and lining of approximately 1,161m of water distribution main, renewal of approximately
10,900m of watermain ranging in size from 200mm to 1050mm, removal of 15 watermain
flushing cross - connections between the water distribution and sanitary collection system, as
well as construction of the Green Head Road PRV and the installation of flow meters on
watermains within the distribution system and the creation of a program to monitor and audit
the water usage in each district.
In 2010, a contract had been awarded to
demolish the existing well house -at 103 Ocean
Drive, protecting the wellhead, and construct
a new building complete with disinfection
equipment. The project also involved a piping
component to install a pipe loop to act as a
contact chamber and allow adequate mixing
of chlorine in advance of the first customer.
The new well house is now complete; the
pump has been reinstalled in the well with a
new pump starter, a new sodium hypochlorite
disinfection system, residual analyzer and
SCADA monitoring ability. The new system
was commissioned in September of 2011.
In 2010 the City of Saint John tendered a
contract for replacement of the pumps and
installation of back -up power at the Spruce
Lake Water Treatment Facility. The
purpose of the project was to replace the
two original 1970s pumps and motors with
three new pump /motor units to provide a
back up pump for reliability /continuity of
service, reduction in electricity
consumption, and to allow for one pump to
be removed from service for maintenance
while maintaining the ability to have two
pumps in service. A large component of
the upgrade work was completed in 2011 with the remainder to be completed in 2012.
On Monday August 17, 2009 it was announced publicly that all six projects which had been
submitted for funding consideration under the Infrastructure Stimulus Fund Program had been
approved to receive funding support. Three of the projects that received funding under the
Stimulus Fund program were completed during the 2011 calendar year.
.•
r
,k. 2011 Annual Water Report 25
1. East — Phinney Hill Transmission Mains ($7,000,000) - The project generally
consisted of the installation of 3200m of 1200mm (approximately) water transmission
main from Phinney Hill to Lakewood Heights Pump Station. This replaced a critical
transmission main in preparation for the new water treatment facility. This project was
completed in 2011.
2. District Metering Program ($1,400,000) - The project consisted of the installation of
flow meters on watermains in vanous sections of the water system. The flow data will
be used to audit the water demands in each district/subdivision to identify high usage
and possible water system leakage, a critical tool to manage water demands. This
project was completed in 2011.
3. Rehabilitation of the Cottage Hill and Rockwood Park Water Storage Reservoirs
($600,000) - The project consists generally of rehabilitation of the interior lining, external
coating, and metal works at both of the storage reservoirs, as well as welding repairs,
installation of a new access hatch, installation of a cathodic protection system, and fencing,
at the Rockwood Park reservoir.
The Water & Sewerage Business Plan Review that was completed in 2002 determined
significant investments in infrastructure renewal were necessary to ensure the future
sustainability of the system. As shown in the following graph, significant infrastructure
investments have been made in previous years with an investment reduction in 2011 as a
result of a focus on Wastewater Treatment projects. It is anticipated future capital programs
will involve major investments in water infrastructure.
25000
20000
d
15000
CD
C
10000
ar
iG 5000
is
0
Approved Capital Water Main Improvement Plans
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Year
FoRenewal []New Install []Rehabilitation
Within Appendix I is a list of the projects proposed as part of the 2012 Water and Sewerage
Utility Fund Capital Program.
70
i
2011 Annual Water Report 26
OPERATOR TRAINING & CERTIFICATION
Saint John Water continues to make advances in the operation and maintenance of our water
and wastewater systems and the pivotal role they play in providing for the protection of public
health and the delivery of a vital service. Since 2001, the City of Saint John through a
partnership with the New Brunswick Community College (NBCC) - Saint John has developed
training programs for its water and wastewater operators. The training has been attended by
City of Saint John staff, numerous other municipalities from across New Brunswick and by
private companies.
Employees have continued to make progress in 2011, working towards meeting specific
training and certification requirements as required within the Approvals to Operate. It is
recognized that training is integral to improving the quality, efficiency and effectiveness of
water and wastewater services.
A number of formal training courses were offered to staff during 2011. Some of these courses
provide employees with CEUs (Continuing Education Units) and contribute to an
environment of continuous learning. While ongoing CEU requirements are not necessary
according to the Approval to Operate; Saint John Water strongly believes in improved
competencies and skills through continuous learning. Listed below are all formal courses that
were offered, complete with a short descriptor.
Air Brake Endorsement — This is a half day course intended to prepare
employees to challenge the air brake endorsement exam, one of the
requirements for attainment of a Class III Driver's License. Employees are
taught by a City of Saint John T &T Mechanic how to check and adjust slack
adjusters using an airbrake simulator in the Vehicle Maintenance Facility.
Successful completion of the Air Brake Examination results in an "E"
endorsement on the employee's driver's license.
Basic Emer —aency Management — This course is structured to provide the
participant with a broad base from which to carry out plannmg and operations
for emergencies. The theory of the planning process is introduced and
operating procedures are applied to a spectrum of emergency scenarios. The
management, command, control and co- ordination functions necessary to
meet emergencies are examined using case studies and exercises. This is an
entry level course and is considered a prerequisite for advanced level courses.
Chain Saw — The NB Safety Council Inc. offers a full day Chain Saw Safety
training course. This course has been developed for those who operate a chain
saw within their course of duty and includes a classroom component where
key areas of safety and operations are covered. This is followed by a practical
session where individuals use the skills learned.
CFS Common — General Knowledge Water and Wastewater Fundamentals:
provides knowledge and skills related to safety, mathematics and basic
science as it applies to water and wastewater systems.
71
2011 Annual Water Report 27
CFS Wastewater Collection - General Knowledge Water and Wastewater
Fundamentals: provides knowledge and skills related to safety, mathematics
and basic science as it applies to Water and Wastewater systems. Support
Systems Water and Wastewater Fundamentals: provides knowledge of major
components, principles and proper operation of common equipment including
pumps, drive systems, engines and generators, compressors, valves, and
control components. Wastewater Quality Fundamentals: provides knowledge
and skill related to wastewater quality assurance, and quality control,
including wastewater sampling and quality, public health implications and
regulatory requirements. Wastewater Collection Process: provides
knowledge and skill related to wastewater collection system operation and
maintenance, including wastewater collection overview, gravity sewers,
sewer operation and maintenance, wastewater lift stations, wastewater force
mains, disinfection processes, wastewater treatment overview.
CFS Wastewater Treatment - Support Systems Water and Wastewater
Fundamentals: provides knowledge of major components, principles and
proper operation of common equipment, including pumps, drive systems,
engines and generators, compressors, valves, and control components.
Wastewater Quality Fundamentals: provides knowledge and skill related to
wastewater quality assurance and quality control, including wastewater
sampling and quality, public health implications and regulatory requirements.
Wastewater Treatment Process: provides knowledge and skill related to
wastewater treatment system operation and maintenance, including
wastewater treatment overview, preliminary treatment, primary treatment,
secondary treatment, sludge management, disinfection processes, and tertiary
treatment.
CFS Water Distribution - General Knowledge Water Supply Fundamentals:
provides knowledge and skills related to safety, mathematics and basic
science as it applies to Water systems. Support Systems Water and
Wastewater Fundamentals: provides knowledge of major components,
principles and proper operation of common equipment including pumps,
drive systems, engines and generators, compressors, valves, and control
components. Water Quality Fundamentals: provides knowledge and skill
related to potable water quality assurance and quality control, including water
sampling and quality, public health implications and regulatory requirements.
Water Supply Process: provides knowledge and skill related to water supply
system operation and maintenance.
CFS Water Treatment - Support Systems Water and Wastewater
Fundamentals: provides knowledge of major components, principles and
proper operation of common equipment, including pumps, drive systems,
engines and generators, compressors, valves, and control components. Water
Quality Fundamentals: provides knowledge and skill related to potable water
quality assurance and quality control, including water sampling and quality,
72
2011 Annual Water Report 28
public health implications and regulatory requirements. Water Treatment
Process: provides knowledge and skill related to water treatment system
operation and maintenance, including water treatment overview, primary
treatment, secondary treatment, disinfection processes.
Class III Driver Preparation - This is a half day course intended to prepare
employees to challenge the written portion of the Class III License
examination. Completion of the required Class III Medical Examination and
submission of the associated Doctor's report is a prerequisite for writing the
Class III examination. Successful completion of the Class III written
examination qualifies the employee to challenge the road test, the last
requirement for award of the Class III Driver's license. This course uses the
standard Province of New Brunswick Class III Preparation Guide.
Confined Space Entry - Participants develop knowledge and skills in confined
space entry that meets and exceeds legislated requirements. Training topics
include: the legal regulations, standard operating procedures, confined space
audit, confined space entry and confined space rescue.
Confined mace Rescue - Participants learn to safely and effectively perform
confined space rescue. The course covers: a review of confined space entry
procedures, atmospheric monitoring and control systems, duties of rescue
personnel, personal protective equipment, self contained breathing apparatus,
rescue equipment including lifeline, retrieval system, stretcher, casualty
packaging and manipulation, rescue procedures and engaging first
responders.
CPR/First Aid (2 day and 1 day refresher ) — These courses are provided for
reasons of workplace safety. It explains to individuals the fundamentals of
first aid and basic life support.
Customer Service - Participants learn the basic principles of customer service
with the aim of better serving our internal and external clients. Topics
include: the customer - centered organization, internal customers, external
customers, identification of needs, prioritization of needs, review of values -
based behaviour, elements of high quality service, implications of low quality
service, service examples, and lessons learned.
Effective Communication - The goal of this program is to develop knowledge
and skill in interpersonal and team communications in the context of our
business, using a variety of techniques including role playing, group
discussion, and case studies. The critical importance of effective listening and
feedback technique is emphasized as a crucial element in the building of
positive workplace relationships.
73
�O w�
2011 Annual Water Report P 29
Emergency Site Management — This course prepares emergency management
practitioners to carry out their roles as members of an emergency site team. In
an emergency situation, new relationships must be established quickly
between community organizations, outside agencies, volunteers and other
entities from various levels of government who might not normally work
together. This advanced level course covers the principles of a coordinated
multi- service and multi jurisdictional response at an emergency site.
Excel Course — The user learns how to navigate in Excel, enter, format and
move data, and apply formulas.
Fall Arrest Protection — This is a one day training program, the goal of which
is to equip employees with the knowledge and skill required to employ
industry standard best practices in Fall Arrest in a variety of operational tasks
within Saint John Water, including Confined and Hazardous Space Entry and
Rescue.
Fire Extinguisher — In this course, participants learn how to classify the types
of fires and to use fire extinguishers correctly. Topics include; fire chemistry,
fire classification, types of fire extinguishers, fire extinguisher rating,
symbols used on fire extinguishers, selecting a fire extinguisher, use of fire
extinguishers and inspecting fire extinguishers.
Highway Signaller - Using group exercises and lectures, students will learn
how to control traffic to keep themselves, their co- workers and the public safe
while engaged in controlling the flow of traffic through the city's street
construction project sites. A "Qualification Test" is required. This course
carries a three year recertification requirement.
HTE Payroll - This course teaches participants to use the City's HTE payroll
hours entry system. After an introduction to HTE system environment,
participants learn how to make exceptions to employees regular weekly hours
when required.
HTE Work Requests & Job Order - This course teaches participants to use the
City's HTE work request job order system. After an introduction to HTE
system environment, participants learn how to create internal work
requests /job orders, search for work requests /job orders and close job orders.
Job Coaching - This course prepares peer trainers to become successful field
coaches. The course covers; understanding adult learning needs; the coaching
process; setting up the field coaching environment; guidelines for instruction;
guidelines for feedback; setting goals and objectives for the trainee;
developing checklists; evaluation progress; learner reactions and feedback.
74
���Jjk 101 2011 Annual Water Report 30
Leadership - This course is designed for municipal front line, supervisors and
managers (both hourly and staff) who want to contribute to their development
as leaders of their organization by leading from the inside out. Knowledge is
gained by applying "theory" to real life examples that require interactive
group discussion, problem solving and role playing.
Natural Gas Safety - Participants learn safe work practices for carrying out
street construction operations near natural gas pipelines. The lecture also
includes complying with regulations for natural gas pipelines, regulatory
authority, notification procedure, penalties associated with non - compliance,
required work method and emergency procedures and hazards associated with
natural gas.
Network and Windows XP — The learner will recognize and use basic
computer functions of the City of Saint John computer network and
Windows.
Occupation Health and Safety 1. This course covers the following;
responsibilities under Occupational Health and Safety Act, role of Joint
Health and Safety Committees, due diligence, construction safety and the role
of the highway signaler.
Occupational Health and Safety 2 - Participants learn about the Health and
Safety Improvement System (HSIS). Topics include: safety and quality,
quality systems general (iterative, audit -based processes), the HSIS
framework, implementation methodology and expected outcomes.
Orientation New Hire — This is a general orientation to the City of Saint John.
This 2 -hour basic orientation provides introduction to the Corporate Strategic
Plan, our Values, Vision, etc. Other topics covered include; pension, benefits,
training and contact information.
Overhead Crane — The course aims to ensure that the City's various
operations which employ overhead monorail and jib cranes comply with Part
XV of NBOHSA, Regulation 91 -191, Materials Handling Equipment and
Personnel Carrying Equipment — Hoisting Apparatus ". This course covers all
material specified in Part XV, s 207 — s 212 of the general regulation.
Training will be conducted on site at appropriate City of Saint John facilities
having an installed overhead monorail crane. Delivery will include lecture
and applied components. Skill will be developed in the following subject
areas; Hazard Recognition, Hazard Mitigation, Inspection, Operator Record
Keeping (log books), Operator Preventative Maintenance, Professional
Inspection Requirements, Professional Maintenance Requirements, Safe Load
Assessment, Safe Rigging Procedures, and Safe Operation. The course
includes a formal examination.
75
*� 2011 Annual Water Report 31
O ace lene - Participants learn to safely operate an oxyacetylene cutting
torch and how to identify and describe hazards associated with oxyacetylene
operation.
Professional Driver Improvement - Participants develop skills to prevent
collisions by learning a positive approach to driving.
Program Management - Through lecture and group work, students will learn
skills in managing complex projects as Field Supervisor. Employees will
learn the essential framework of project and program management, including
scope, schedule, quality and cost, and will develop skill in applying this
framework using tools developed by the city of Saint John. Employees will
learn the distinctions between project management and program management.
Objectives of this course include building skill in writing project charters,
developing scope statements, developing project schedules, assigning labour,
resources, and procured services, conducting risk analysis, controlling
execution, reporting and project closure. Successful completion of this course
is a requirement of the senior supervisory level within the Outside Workforce
Career Development System.
Resource Management - Participants learn the basic principles of Human
Resource Management, Property Management and Financial Management.
Training topics include: the City's budget process, financial reporting and
analysis, inventory and purchasing procedures and fleet management
procedures.
Respiratory Protection — Participants learn about the types of respiratory
protection equipment and how to safely use this equipment. The instructor
reviews standard operating procedures and worker's responsibilities. Also
discussed are: the type, selection and use of respirators, fit testing, medical
evaluations as well as maintenance and care of respirators.
Supervisory Training — The objective is to develop supervisory personnel by
providing a series of training modules focusing on key supervisory
competencies.
Tag Out Lock Out — According to New Brunswick Regulation 91191, under
the Occupational Health and Safety Act, workplaces must have a written
lockout procedure for each machine that is cleaned, maintained, adjusted or
repaired. The procedure identifies the proper steps to follow in order to safely
lock out the machine.
Temporary Services Install & Disinfection — Participants learn to apply safe
work methods for installing and disinfecting temporary services. Training
materials used include the drinking water standards, transportation of
dangerous goods, backflow prevention, safe work procedures and emergency
procedures.
76
2011 Annual Water Report 32
Transportation of Dangerous Goods _(TDG — Participants learn about the
Transportation of Dangerous Goods Act and become legally certified to
transport materials covered by this legislation. Topics include: TDG
classifications, packing requirements, TDG symbols, shipping documents and
dangerous occurrences.
Trenching Safety - Its purpose is to teach safe trenching practices, introduce
the dangers of construction excavations, the mechanics of trench cave -ins,
potential hazards to workers, requirements under the Occupational Health and
Safety Act, and protective systems used to avoid trench cave -ins.
Vibration Analysis — Participants learn how to diagnose malfunctions in
pumps, motors and related equipment with course goals including;
strengthening of preventative maintenance programs, minimizing repair
expenses and extending infrastructure life.
Water Craft O erator - In -class safe boating course that lasts 3 hours on
average. All the necessary material needed to obtain your "Pleasure Craft
Operator Card" is covered. Included in the 3 hour course is a 45 minute exam
which participants must pass in order to get their operator card.
WHMIS (Workplace Hazardous Materials Information System) — A system in
Canada that provides information on the safe use of hazardous materials in
the workplace. Information is provided by means of product labels, material
safety data sheets (MSDS) and worker education programs.
Word 1 Assessment and Course — The user learns how to navigate in Word,
enter and format text, change and move text.
Work Zone Salty - This course is to protect employees from vehicular traffic
passing through construction sites. It teaches control procedures, personal
protective equipment, general design instructions and emergency procedures.
Appendix N provides a comprehensive summary in tabular form of the Saint John Water team
members who attended the various aforementioned courses during 2011.
As summarized in the table below, in 2011 several members of the Saint John Water team
challenged and achieved Class I, II, III or IV certification.
In addition to the new certifications achieved by staff over the past year, Appendix L provides
comprehensive summary of all staff certifications achieved to -date.
77
�� Ah
,- - 2011 Annual Water Report 33
Certi tcations Achieved in 2011
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NAME
Chris Petrie
'
Brenda McKinnon
'
Joey St. Coeur
'
Gary Arsenault
•
Ron MacRae
•
Jeremy Howley
•
Graham
•
Huddleston
Harley Dickson
•
Adam Newman
•
Water i reatment, - Water Distribution, 'Wastewater Collection, 'Wastewater Treatment
Operator Training — Water Treatment
Condition 27
The Approval Holder shall ensure that all water treatment Operators complete the New
Brunswick Community College Treatment Operation Fundamentals Program, the California
State University Treatment Plant Operation (Volumes I and II) course, or an equivalent, as
approved by the Director, in accordance with Water Quality Regulation 82 -126, section 19.
Ms. Nicole Taylor, M.Eng., P.Eng., Operations Manager, Water Resources and Quality, is the
overarching operator with direct responsible charge for both water treatment facilities and Ms.
Taylor has completed the Water Quality & Water Treatment Fundamentals. Chris Petrie,
Superintendent, Water Treatment Facilities has completed Water Quality & Water Treatment
Fundamentals in 2011.
As identified below, all water treatment operators have completed the NBCC Water
Treatment Operations Fundamentals Program. In addition, all four operators have also
completed the more advanced Water Quality & Water Treatment Intermediate Program.
Stephen Breen
Water Quality & Water Treatment Fundamentals — Completed June 2005
Common Intermediate — Completed May 2006
Water Quality & Water Treatment Intermediate — Completed December 2007
-� 2011 Annual Water Report 34
James Duke
Water Quality & Water Treatment Fundamentals - Completed June 2005
Common Intermediate — Completed March 2006
Water Quality & Water Treatment Intermediate — Completed December 2007
Leroy Graham
Water Quality & Water Treatment Fundamentals — Completed June 2005
Common Intermediate — Completed March 2007
Water Quality & Water Treatment Intermediate — Completed December 2007
Peter Kierstead
Water Quality & Treatment Fundamentals — Completed March 2005
Common Intermediate — Completed May 2006
Water Quality & Water Treatment Intermediate.— Completed December 2007
In summary, all treatment operators meet Condition 27 of the Approval to Operate.
Operator Certification — Water Treatment
Condition 28ICondition 29
The Approval Holder shall ensure that the certification level of the Operator in Charge is at
least equivalent to the classification of the water treatment Facilities. The Approval Holder
shall employ, as a minimum, one (1) Class II and one (1) Class I Water Treatment Certified
Operator (or higher).
Through discussions with the DOE Drinking Water Approvals Engineer in 2008, it was
clarified that Ms. Taylor being the operator with direct responsible charge of the overall water
treatment system is the individual who should be certified to Class II water treatment. Ms.
Taylor attained Class IV certification in 2010. Chris Petrie, Superintendent, Water Treatment
Facilities has obtained Class I certification in 2011.
With respect to certification requirements, as noted below, in each instance the certification
level of the operator is equivalent to the system classification. As well, Saint John Water
employs more certified operators than the minimum required. Saint John Water is in
compliance with Conditions 28 and 29.
79
2011 Annual Water Report 35
TREATMENT
Operator Name
Operator Certification Level
System Classification
Stephen Breen
James Duke
Water Treatment Level II
Water Treatment Level II
Class II
Class Il
LeRoy Graham
Water Treatment Level II
Class II
Peter Kierstead
Water Treatment Level 11
Class II
Operator Training - Water Distribution
Condition 24
The Approval Holder shall ensure that all water distribution Operators complete the New
Brunswick Community College Water Distribution Fundamentals Program, the California
State University Water Distribution System Operation and Maintenance course, or an
equivalent, as approved by the Director, in accordance with Water Quality Regulation 82-
126, section 19.
Mr. Jeremy Howley, P.Eng., Operations Manager, Water & Sanitary Systems, is the
overarching operator with direct responsible charge for the water distribution system. Mr.
Howley completed the Water Distribution Fundamentals level training in January 2009.
Mr. John Clack, Manager, Water Use Management has direct responsibility for water
metering and backflow prevention (premise isolation). He also oversees the implementation
and completion of the annual Unidirectional Flushing Program. John Clack completed the
Water Distribution Fundamentals level training in January 2011.
As identified below, all water distribution system operators have completed the NBCC Water
Distribution Fundamentals Program and all with the exception of two have completed the
more advanced Water;Quality & Water Distribution Intermediate Program.
Clyde Carpenter - has completed the fundamentals training
Common Intermediate — Completed spring 2007
Patrick Hogan
Common Intermediate — Completed winter 2005
Water Quality & Water Distribution Intermediate — Completed spring 2007
Frederick McGrath — has completed the fundamentals training
Common Intermediate - Completed winter 2005
Water Quality & Water Distribution Intermediate — Completed spring 2007
Gary Melanson — has completed the fundamentals training
Common Intermediate — Completed spring 2006
:1
f 2011 Annual Water Report 36
William Melanson
Common Intermediate — Completed winter 2005
Water Quality & Water Distribution Intermediate — Completed spring 2007
George Payne — has completed the fundamentals training
Common Intermediate — Completed May 10, 2006
Water Quality & Water Distribution Intermediate — Completed spring 2007
In summary, all distribution system operators meet Condition 24 of the Approval to Operate.
Operator Certification - Water Distribution
Condition 25 /Condition 26
The Approval Holder shall ensure that the certification level of the Operator in Charge is at
least equivalent to the classification of the water distribution facility. The Approval Holder
shall employ, as a minimum, one (1) Class IV Water Distribution Certified Operator and one
..(1) Class III Water Distribution Certified Operator (or higher).
Through discussions with the DOE Drinking Water Approvals Engineer in 2008, it was
clarified that Mr. Howley being the operator with direct responsible charge of the overall
water distribution system is the individual who should be certified to Class IV water
distribution. Mr. Howley challenged and attained his Class IV Water Distribution in
December of 2009. Saint John Water employees that have attained Class III certification in
water distribution include; Mr. Frederick McGrath, Mr. Calvin MacKinnon, Mr. Mike Martin
and Mr. Art Hovey. Saint John Water is in compliance with Conditions 25 and 26.
DISTRIBUTION
Operator Name
Operator Certification Level
System Classification
Frederick McGrath
Water Distribution Class III
Class IV (for WD)
(Wastewater Collection Class I
Clyde Carpenter
Water Distribution Class II
Class N (for WD)
Wastewater Collection Class I
Gary Melanson
Water Distribution Class II
Class IV (for WD)
Wastewater Collection Class II)
William Melanson
Water Distribution Class II
Class IV (for WD)
Wastewater Collection Class II)
George Payne
Water Distribution Class II
Class IV (for WD)
(Wastewater Collection Class II)
c 10
®r 2011 Annual Water Report P 37
HUMAN RESOURCES
Responsible Staff
Patrick Woods, CGA
LeRoy Graham
City Manager
Certified Operator II Water Treatment
Paul Groody, P. Eng.
Stephen Breen
Commissioner, Municipal Operations &
Certified Operator 11 Water Treatment
Engineering (responsible for Saint John Water)
New Hire - Skilled Labourer
Kendall Mason, P.Eng.
Peter Kierstead
Deputy Commissioner, Saint John Water
1 Certified Operator II Water Treatment
Brian Keenan, P. Eng.
Clyde Carpenter
Engineering Manager, Municipal
Certified Operator I Water
Engineering
Distribution/Wastewater Collection
Nicole Taylor, M.Eng., P.Eng
William Melanson
Operations Manager,
Certified Operator II Water
Water Resources & Quality
Distribution/Wastewater Collection
Jeremy Howley, P.Eng.
Gary Melanson
Operations Manager,
Certified Operator I Water
Water & Sanitary Systems
Distribution/Wastewater Collection
John Clack
George Payne
Manager,
Certified Operator II Water
Water Use Management
Distribution/Wastewater Collection
Graham Huddleston, P.Eng.
Fred McGrath
Operations Manager,
Certified Operator II Water
Environmental Protection
Distribution/Wastewater Collection
James Duke
Certified Operator II Water Treatment
New Hires
During 2011, the City of Saint John hired 9 new employees within Saint John Water
operations. Each new hire is listed in the table that follows.
Name
Status
Adam Pilmer
New Hire - Skilled Labourer
Devin Nesbit
New Hire - Skilled Labourer
Stephen Wright
New Hire - Skilled Labourer
Grant Harrigan
New Hire - Skilled Labourer
Jared Hunter
New Hire - Skilled Labourer
Devin Nesbit
New Hire - Skilled Labourer
I;i, r 2011 Annual Water Report 38
Colin Broemeling
New hire — Skilled Labourer, later resigned
Andrew Parsons
New hire — Skilled Labourer
Bruce White
New Hire - Skilled Labourer
Staffing Changes
In addition to the new employees hired during 2011, there were numerous Saint John Water
staffing changes which are summarized in the table below.
Name
Status
Patrick Hogan
Retired
Frederick McGrath
Retired
Calvin MacKinnon
Retired
Gary Melanson
Retired
Steve LeBlanc
Retired
Harold Sharkey
Retired
George Payne
Retired
David Chamberlain
Retired
Leo Lafleur
Retired
Terry McDevitt
Retired
Paul Groody
Retired
Wayne Johnston
Transferred out of Saint John Water to Materials Management
Dale Hayward
Transferred out of Saint John Water to Materials Management
LeRoy Graham
Promoted Certified Operator I Water Treatment to Certified
Operator II Water Treatment
Wade St. Coeur
Resigned
Steve Jorgensen
Transferred from Wastewater Maintenance Specialist to Utility
Services Specialist
r 2011 Annual Water Report P 39
PUBLIC INFORMATION
Communications
During the 2011 capital construction season communication (bilingual) was regularly
provided to citizens by means of weekly construction updates, an example of which can be
seen in Appendix P. This information, compiled by staff in Municipal Operations &
Engineering, was shared with the public via of the City of Saint John website, news releases
carried in the local newspaper and by email to large distribution groups. The regular updates
provide citizens with information relating to the limits of work, project start date, work to be
accomplished, traffic impacts where applicable, and projected end date. In addition to the
construction updates the City continued with its Work Zone Safety campaign that had been
started in 2009. This consisted of bus boards reminding motorists to reduce speed and drive
with caution in construction zones, an example of this advertisement can be found within
Appendix R. Corporate Communications staff have provided invaluable support.
In addition to regular weekly update notices there was also information regularly sent out
during the summer season with respect to watermain flushing. This information is advertised
regularly in the local newspaper as well as on the City of Saint John website to provide
citizens with information relating to when and where the flushing is being carried out, noting
that there may be some discoloration of water and providing a contact number for further
information. A hydrant flushing notice is included within Appendix Q.
Further to the regular public information, there are also instances where media releases or
special communications are required from time to time. An example of special
communications was during the boil water orders of 2011; see Appendix Q for notices issued.
Appendix R provides some examples of Saint John Water media coverage in 2011.
Customer Service
Among the hundreds of customer requests /inquiries received during 2010, a total of 91 were
related to water quality and pressure problems that were received through Service Support.
Each of the 91 requests were logged as the call was received; included in Appendix S are the
list of requests summarized by area (east, west, north, south) and complete with the civic
address, a brief description detailing the reason for the job order and any comments relating to
the issue or water quality.
Additional calls were referred to the Saint John Water Environmental Laboratory. In total, the
Saint John Water Laboratory responded water quality concerns at 58 locations as can be seen
on each of the Customer Action Forms enclosed in Appendix S. The forms note the results of
each customer analyses and the corrective action undertaken in each instance.
.,
1 2011 Annual Water Report 40
COMMITMENT
Saint John Water is committed to service excellence and seeks to continuously improve its
operations to meet the diverse needs of its customers. However, Saint John Water has
significant infrastructure challenges; old infrastructure and inadequate levels of treatment
which present known and unacceptable risks to the user. The Saint John public water system
was first established in 1837; the first public water system in Canada and it still has in service
today major system components that date back over 155 years, well beyond their useful life.
To address the present unacceptable risks, Saint John Water has developed an Action Plan for
Safe, Clean Drinking Water. The Action Plan is being updated to set forth a path to renew
system infrastructure, construct a modern drinking water treatment facility, reduce system
demand, monitor system usage and provide necessary storage; all to assure that safe, clean
drinking water will be delivered reliably and sustainably.
Understanding the immeasurable value of drinking water to the community Saint John
Common Council has made safe, clean drinking water its foremost priority.
City Hall
15 Market Square
February 9, 2012
Mayor and Common Council
15 Market Square
Saint John, NB
E21, 4L1
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
' A'A:�]
City of saint John
Saint John Industrial Parks Ltd. requests an opportunity to present to Common Council in
closed session on February 27, 2012. There is an issue which Council should be
appraised of as it wholly owns the Company.
Yours Truly,
Brian Irving
General Manager '
Saint John Industrial Parks Ltd.
(source verified)
0
51
REPORT TO COMMON U T*"1. - -r.
6. February MO.2
HRa N'Vc 4 #. I, !van Court
a ild 1 > eMLera of Comr: 00 Co-an 4i''i
SU F:41 : Replacement Packer Truck
BA w YGRI .21ED:
Cif► af spin ,jolt
A previous report was prepared for Council to outline the replacement ofpacker unit
641. In that report it outlined that there is insurance coverage for the vehicle that will
be covering the cost to replace the damaged unit. This report is further to that advice
and outlines some additional cost indirectly related to the claim.
The total of our claim is as follows:
Rebuilt packer with cab and chassis $146,647.00
Salvage to obtain packer
Rental
Crane to remove pac'.er
Transport unit to Shu Pak
Total
Plus non - recoverable HST
Total claim
$10,000.00
$11,250.00
$A50.00
$2,900.00
$1711,247.00
$5,872.74
$177,1 19.74
In dealing with our insurer and they have agreed to issue one payment to the city as
follows:
Amcunt payable as per policy: $167,000.00
Plus non - recoverable HST $5,727.10
Total owing from insurance $1.72,727.10
Replacement Packer True:
Total costs related io claim: $177,119.74
Less proceeds 3rom insurance ($172,727.10
Net costs: $4,392.64
The insurer has deducted the recoverable HST from the proceeds as it is assumed we
can be reimbursed for this portion of the HST. If for some reason we cannot be
reimbursed, we would need to supply proof to our insurer and based on the policy
wording, the contract is one of indemnity, they would owe the balance to the City.
FINANCIAL IMPLICATIONS:
The claim has resulted in minimum cost' b she city to obtain the replacement packer
due to tine refurbishment of the unit with a new cab and chassis. Replacing it with a
complete new unit would have incurred a cost ofan additional $55,000. As outlined
in our previous report, the City is obtaining a replacement of the 2008 unit with a
new 2012 cab and chassis with a rebuilt packer unit. The policy coverage applied
only to the cost of replacing a packer with a new unit, the other costs are not covered
under the policy but due to discussions with our insurer, an agreement has been
reached which results in minimum cost overall'.
There may be some other costs associated with the claim t'aat were borne internally to
the City such as shop time to remove the packer and the cost to retrieve the rebuilt
unit is an estimate, but for the most part, I thin'-. the City has been very successful
with this claim.
The insurance company issued a co- payable cheque to begin the work on the
replacement, the cheque was endorsed by the City and given to the vendor (Shu -Pak)
as 50% payment. The vendor has subsequently had issues with trying to deposit the
cheque with their regular financial institution and while the payment has been
received and processed, they are requesting that the balance owing be paid directly
from the City.
The insurer has already paid the vendor for $71,314.57 and is issuing a payment to
the City in the amount of $91,412.53. Total invoice from the vendor was
$165,711.11 leaving a balance of $94,396.54. The portion of recoverable HST
associated with this part of the claim is $14,035.00
REI Cf3IlMENDA.T IO :
A payment be issued to Shu -Pak for the outstanding balance of $75,332.43 plus HST
of $19,064.1 for a total of $94,396.54.
Replacement Packer Track
Respectfully submitted,
A
Iaa BB
Insurance sad
dais, `:GA N113A
of rfarncy
:•
jr-, 10
February 9, 2012
John Howard Society
of NEW BRUNSWICK
SAINT JOHN BRANCH INC.
68 Carleton Street, Saint John, New Brunswick E2L 2Z4
Telephone: (506)643 -2000 Fax* (506)649 -2006 Email: melissa.duvall @jhssj.nb.ca
EXECUTIVE DIRECTOR - William Bastarache
His Worship Mayor Ivan Court and
Members of Common Council for
City of Saint John, NB
Dear Mayor Court and Members of Common Council,
COMMON CLERK'S n. 1C�
FEB 10 2012
CITY OFr',�!"
This letter is written to inform you that a proposal has been submitted by the John
Howard Society of New Brunswick, Saint John Branch Inc. to the Department of Social
Development to operate a community residence for persons with a mental illness at 288
Duke Street (south). The Duke Street community residence has provided services, as
a 6 -bed facility, to the same population in the past under the direction of New Directions
Inc.
Our agency has been in the community since 1956 and during this time we have
established a solid reputation for adding value to this community by the promotion of
healthy and safe communities.
Since 1979 our agency has operated residential homes in neighborhoods within Saint
John. Our residential homes are well supervised and the structured environment
provides learning opportunities where positive communication is always present. The
staff are well trained professionals that will manage the adult residents in a responsible,
effective, and safe manner at all times.
The specifics of the Duke Street home are as follows:
The home is currently zoned for 6 adults with mental health issues. We are
currently processing an application before the Planning and Advisory Committee
to make the home a 7 -bed facility;
• Residents will be chosen on a case -by -case basis, and will be of manageable
risk with a double- staffing complement, subject to good practices in residential
care and supervision; and
President: Mark Hayward Vice President: Wendy Horsier
Secretary: Rev. Dr. John Crawford Treasurer: David Fox
•E
+ Residence will have a home -like atmosphere through the development of
trusting, caring relationships supporting personal growth but also assure
community safety through security measures consisting of curfews, room
checks, logging the residents in and out of the residence, and having the
residents call in to the house.
The agency's community notification plan includes:
• Notification of community leaders to provide relevant information pertaining to
the home's operation as a responsible, accountable agency;
• An open house where community neighbors are invited to the home where they
will be given relevant information pertaining to the residence; and
• Door -to -door canvassing informing the neighborhood residents of the new
residency within their neighborhood and the date and time of an open house.
We intend to work hard to be good neighbors and I assure you that our property at 288
Duke Street will be maintained and supervised like all our other residences. Should you
have any further questions, I invite you to call the agency's Senior Manager of
Operations, Margo Butler, BA, BSW, RSW, M.Ed. at (506) 643 -2000 or at
margo.butler @jhssj.nb.ca.
Yours truly,
Bill Bastarache
Executive Director
John Howard Society, Saint John
President: Mark Hayward Vice President: Wendy Horsier
Secretary: Rev, Dr. John Crawford Treasurer: David Fox
91
Mayor Ivan Court
Mayor's Office
Bureau du maire
(P4__
SAINT JOHN
-----------
WHEREAS:
PROCLAMATION
the Loyalist City Amateur Radio Club began on
February 18'h, 1937; and
WHEREAS: in the early years LCARC's involvement with
emergency communications was co- coordinated with the
local Civil Defense group; and
WHEREAS: in later years came EMO, the Emergency Measures
Organization, and soon cities and towns wanted to have
their own emergency communications facilities to cover
their own area. In the local area LCARC helped to set
up emergency operation centers for the City of Saint
John, the town of Quispamsis, Provincial ECO in Saint
John as well as at Point Lepreau's ECO; and
WHEREAS: LCARC members also provided guidance and support to
the towns of Hampton, Grand -Bay Westfield and St.
Martins with organizing their emergency
communications; and
WHEREAS: civil defense, EMO and ARES (amateur radio
emergency services) participation demonstrates the
public service side of amateur radio and we see articles
frequently attesting to the extent of services provided to
our Community, Province and world -wide•
NOW THEREFORE: I, Mayor Ivan Court O:i elt-of Saint
y ,
John do hereby proclaim the week of February 13` , 2012 as Amateur Radio
Week in the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 19
92
The City of Saint John
Mayor Ivan Court
Mayor's Office
Bureau du maire
(44)
SAINT JOHN
WHEREAS:
WHEREAS:
WHEREAS:
PROCLAMATION
the right to pursue the truth through free inquiry is
essential to democratic decision - making; and
the freedom to read is the essence of free inquiry; and
the freedom to read is under assault from left to right in
our society;
NOW THEREFORE: I, Mayor Ivan Court, of
Saint John do hereby proclaim the week of February 26t to March 3` , 2012
Freedom to Read Week in Saint John and recognize, reaffirm and defend the
right of the citizens of this community individually to decide what he or she
will or will not read (the freedom to read);
and further in support of this decision, this Council, on behalf of the citizens
of Saint John, proclaims this city henceforth a Freedom to Read Zone in
which the freedom to read is inviolable.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
P.O. Box 1971 Saint John, NB Canada E2L 4L1 i www.saintjohn.ca
93
C.P. 1971 Saint John, N. -B. Canada E2L 4L1
The City of Saint John
Mayor Ivan Court
Mayor's Office
Bureau du maire
SAINT JOHN
WHEREAS:
WHEREAS:
`�_ 6 i
PROCLAMATION
the second week in February is provincially recognized as
time to celebrate our heritage; and
the third Monday in February is National Heritage Day in
Canada; and
WHEREAS: the significant heritage which we have inherited from our
ancestors plays a vital role in providing a unique identity to
our City; and
WHEREAS: our built heritage provides us with a legacy to be handed
down for the benefit and enjoyment of future generations;
and
WHEREAS: our heritage has played a vital role in developing the rich
social fabric of our City, and will continue to provide a
framework for "War and Peace in New Brunswick"
NOW THEREFORE: I, Mayor Ivan Court, ( _� � — L!!^ of Saint John do
hereby proclaim the week of February 13" — 20th, 2012 as Heritage Week in the
City of Saint John and Monday, February 20th, 2012 as HERITAGE DAY in the City of
Saint John and urge all citizens to support and participate in heritage activities
occurring throughout the City.
In witness whereof I have set my hand and affixed the official seal of the Mayor
of the City of Saint John.
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintiohn.ca I C.P. 1971 Sa
94
The City of Saint John
Mayor Ivan Court
Mayor's Office
Bureau du maire
PROCLAMATION
WHEREAS: the YMCA is a charity focused on community support and
development. Our aim is to foster the growth of all persons in spirit,
mind and body and to build healthy communities; and
WHEREAS: the YMCA in Canada was established 160 years ago as a charity
dedicated to the health of both individuals and communities. Our
focus on inclusiveness and accessibility means we serve people f all
ages, backgrounds and abilities through all stages of life. Through
YMCA financial assistance programs, the YMCA is accessible to
all; and
WHEREAS: we see a day when more people, especially children and youth,
connect with each other, give of themselves, and grow in their sense
of purpose and belonging. We envision an inclusive society where
everyone, regardless of their background, experiences, or
circumstances, participates fully. The YMCA works towards
building a community characterized by strong, supportive
connections between individuals and among groups; and
WHEREAS: each year YMCAs across the country raise funds through the
YMCA Strong Kids Campaign. Funds generated through this
annual campaign ensure that no one is denied access to YMCA
programs and services. In our community over 2000 individuals are
currently provided financial assistance;
lr Ir
1W
SAINT JOHN
NOW11) THE FORE_ : I, Mayor Ivan Court,
of Saint John do hereby proclaim
February 15" to March 15t', 2012 as YMCA Strong Kids Month.
In witness whereof I have set my hand and affixed the official
seal of the Mayor of the P;+., r:, ^V Q..-* T ^h^
(?O. Box 1971 Saint John, NB Canada
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
224 immediately after Section 223 thereof,
as follows:
224 The City of Saint John does hereby
stop up and close permanently the
following portion of highway:
LUDLOW STREET: All that portion of
Ludlow Street, a public street on the
western side of the Harbour in the City of
Saint John, County of Saint John and
Province of New Brunswick, being sixty
(60) feet wide, more or less, and lying
between the northern sideline of Riverview
Drive, formerly Water Street and Saint
John Harbour. See City of St. (sic) John
Survey Sheet No. 81 dated January Pt,
1926 signed by Gilbert G. Murdoch,
Deputy Land Surveyor, attached hereto.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the _ day of , A.D.
2012 and signed by:
Mayor/Maire
ARRETE W 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
d6cr&6 ce qui suit :
1 Par les pr6sentes, Farret6 de The
City of Saint John intitul6, «L'arret6 sur
Finterruption de la circulation et la
fermeture des routes dans The City of Saint
John », d6cr6t6 le 19 d6cembre 2005, est
modifi6 par l'ajout de l'article 224
immddiatement apr6s Particle 223, comme
suit :
224 Par les pr6sentes, The City of Saint
John barre et ferme de faron permanente la
portion d'une route suivante :
RUE LUDLOW: La totalit6 d'une partie
de la rue Ludlow, une rue publique situ&e
ouest du Port dans The City of Saint John,
comt6 de Saint John et province de
Nouveau - Brunswick, ayant une largeur de
plus ou moins soixante (60) pieds 6tant
entre le c6td nord de la promenade
Riverview, ant6rieurement la rue Water, et
le Port de Saint John. Voir le plan
d'arpentage d6sign6 City of St. (sic) John
Survey Sheet No. 81, sign6 par Gilbert G.
Murdoch, Arpenteur- g6ometre adjoint, dat6
du 01 janvier 1926, ci joint.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arr6t6 le 2012, avec les
signatures suivantes :
Common Clerk/Greffiere communale
First Reading -
Premi6re lecture -
Second Reading -
Deuxieme lecture -
Third Reading -
Troisi&me lecture -
M
STREET CLOSING
LUDLOW STREET
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending "A By -law Respecting The
Stopping Up and Closing of a Highway In The City
of Saint John" at its regular meeting to be held on
Monday February 13, 2012 at 7:00 p.m. to stop
up and close the following portion of highway:
Ludlow Street: All that portion of Ludlow Street,
a public street on the western side of the Harbour in
the City of Saint John, County of Saint John and
Province of New Brunswick, being sixty (60) feet
wide, more or less, and lying between the northern
sideline of Riverview Drive, formerly Water Street
and Saint John Harbour. See City of St. (sic) John
Surrey Sheet 1`dc. 81 dated January 1g`, 1926 signed
by Gilbert G. Murdoch, Deputy Land Surveyor,
attached hereto.
(INSERT PLAN)
The proposed amendment and plan of the above
described portion of highway may be inspected by
any interested person at the office of the Common
Clerk, City Hall, 15 Market Square, Saint John,
N.B. between the hours of 8:30 a.m. and 4:30 p.m.
Monday to Friday inclusive, holidays excepted.
Written objections to the proposed amendment may
be sent to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk at 658 -2862.
FERMETURE DE RUE
RUE LUDLOW
Par les pr6sentes, un avis public est donne par
lequel le conseil de The City of Saint John indique
son intention de modifier 1'« arret6 concernant la
fermeture de routes dans The City of Saint John »
lors de la reunion ordinaire qui se tiendra le lundi,
13 fevrier 2012 a 19 h afm de fermer et de barrer
le trongon de route suivant :
Rue Ludlow : La totalite d'une partie de la rue
Ludlow, une rue publique situee ouest du Port dans
The City of Saint John, comte de Saint John et
province de Nouveau - Brunswick, ayant une largeur
de plus ou moins soixante (60) pieds 6tant entre le
c6te ouest de la promenade Riverview,
anterieurement la rue Water, et le Port de Saint
John. Voir le plan d'arpentage design6 City of St.
(sic) John Survey Sheet No. 81, signe par Gilbert
G. Murdoch, Arpenteur- g6om6tre adjoint, date du
O1 janvier 1926, ci joint.
(INSERER LE PLAN)
Toute personne interest6e peut examiner le projet
de modification et le plan du trongon de route
decrit ci- dessus au bureau de la greffiere
communale a 116tel de ville au 15, Market Square,
Saint John, N.B., entre 8 h 30 et 16 h 30 du lundi
au vendredi, sauf les jours feries.
Veuillez faire part de vos objections au projet de
modification par 6crit a 1'attention du soussigne a
1'h6tel de ville.
Si vous exigez des services franrais a la reunion de
Conseil Communal, veuillez contacter le bureau de
la greffi&e communale au 658 -2862.
MA
e
14
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BY -LAW NUMBER C.P. 110 -188
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land with an area of
approximately 8.2 hectares, located at 3795
Loch Lomond Road, also identified as
being PID No. 00329144, from "RS -1"
One and Two Family Suburban Residential
to "RR" One Family Rural Residential
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2012
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -188
ARRATE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete sur le zonage de The City
of Saint John, decrete le dix -neuf (19)
decembre 2005, est modif.6 par:
1 La modification de 1'annexe <A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation d'une
parcelle de terrain d'une superficie
d'environ 8,2 hectares, situee au 3795,
chemin Loch Lomond, et portant le NID
00329144, de zone residentielle de banlieue
— habitations unifamiliales et bifamiliales
((RS-I>> a zone residentielle rurale
habitations unifamiliales «RR»
- toutes les modifications sont indiquees sur
le plan ci j oint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2012,
aver les signatures suivantes :
Common Clerk/Greffiere communal
First Reading - January 30, 2012 Premiere lecture
Second Reading - January 30, 2012 Deuxieme lecture
Third Reading - Troisieme lecture
99
- le 30 janvier 2012
- le 30 janvier 2012
PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT
REZONING 1 REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
dp
01. Leei i+ee[ 4[.
s
r
FROM / DE TO / A
RS -1 RR
One and Two Family Suburban One Family Rural Residential
Residential / zone residentielle / zone residentielle rurale- habitations
de banlieue- habitations unifamiliales unifamiliales
et bifamiliales
Applicant: Dan Estey
Location: 3795 chemin Loch Lomond Road
PID(s) /NIP(s) 00329144
07PC1
Drawn By /Creee Par: David Couture
Date Drawn /Carte Creee: February 9 Wrier, 2012
Considered by P.A.C. /considers par le C.C.U.: January 17 Janvier, 2012
Enacted by Council /Approuvs par le Conseil:
Filed in Registry Office /Enregistre le:
vy- avv THM I 0 tr.
I
100
10.2 (a)
BY -LAW NUMBER C.P. 110 -187
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land having an area of
approximately 460 square metres, located
at 67 Loch Lomond Road, also identified
as being PID Nos. 00317610 and
55201347, from "R -2" One and Two
Family Residential to "R -4" Four Family
Residential pursuant to a resolution under
Section 39 of the Community Planning
Act..
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2012
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -187
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decret6 cc qui suit :
Uarrete sur le zonage de The City
of Saint John, decr6t6 le dix -neuf (19)
decembre 2005, est modifie par:
1 La modification de 1'annexe <<A»,
Plan de zonage de The City of Saint John,
permettant de modifier la d6signation pour
une parcelle de terrain d'une superficie
d'environ 460 metres carr6s, situ6e au 67,
chemin Loch Lomond, et portant les NID
00317610 et 55201347, de zone
r6sidentielle — habitations unifamiliales et
bifamiliales «R -2» ii zone residentielle —
habitations de quatre logements <<R -4»
conformdment a une resolution adoptde
par le conseil municipal en vertu de
Particle 39 de la Loi sur l'urbanisme.
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du present
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arretd le 2012,
avec les signatures suivantes :
Common Clerk/Greffiere communale
First Reading - January 30, 2012 Premiere lecture - le 30 janvier 2012
Second Reading - January 30, 2012 Deuxi6me lecture - le 30 janvier 2012
Third Reading - Troisieme lecture
101
PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT
REZONING 1 REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
IV. Woodlawn Av. a
Y
Q
u
9, m
gg P
Kq
At,a4
P
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f� �.
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a
00
FROM / DE TO / A
R -2 R-4
One and Two Family Residential Four Family Residential
/ zone residentielle- habitations / zone residentielle- habitations
unifamiliales et bifamiliales de quatre logements
Pursuant to a Resolution under Section 39 of the Community Planning Act
* Conformement a une resolution adopt&e par le conseil municipal en vertu de
I'article 39 de la Loi sur Purbanisme
Applicant: Comeau Mackenzie Architecture
Location: 67 chemin Loch Lomond Road
PID(s) /NIP(s) 55201347 & 00317610
06N99NE
Drawn By /Creee Par: David Couture
Date Drawn /Carte Creee: February 9 Wrier, 2012
Considered by P.A.C. /considers par le C.C.U.: January 17 janvier, 2012
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrete #:
102
O
Section 39 Conditions
That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of
a parcel of land with an area of approximately 460 square metres, located at 67 Loch Lomond Road, also
identified as being PID Nos. 00317610 and 55201347, be subject to the following conditions;
a) That the use of the property be limited to a maximum of three dwelling units; and
b) That prior to the issuance of a building permit for the proposal, a detailed off - street parking plan
for the subject site be prepared by the proponent subject to the approval of the Development
Officer.
103
City Hall
15 Market Square
February 10, 2012
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: Pension Reform Advocacy Plan
Context:
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
r2
City of Saint john
Pension reform can be seen as the most critical issue facing the Saint John community at the
present time.
Numerous community stakeholders have been negatively affected due to reform not being
implemented.
• Mayor /Council, Saint John MLA's, UNB Saint John, Enterprise Saint John, Saint John Board of
Trade, the board of PRO Kids, the Arts Community, Human Development Council and others
now need to speak up in an organized and professional manner.
Motion: That through the City Manager, the appropriate City of Saint John staff develop an action plan
for the Saint John community to advocate for Pension Reform from the Province of New Brunswick.
Resp Ily submitted,
Peter c ire
Councillor — City of Saint John
104
City Hall
15 Market Square
February 10, 2012
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: Pension Reform Advocacy Plan
Context:
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
r2
City of Saint john
Pension reform can be seen as the most critical issue facing the Saint John community at the
present time.
Numerous community stakeholders have been negatively affected due to reform not being
implemented.
• Mayor /Council, Saint John MLA's, UNB Saint John, Enterprise Saint John, Saint John Board of
Trade, the board of PRO Kids, the Arts Community, Human Development Council and others
now need to speak up in an organized and professional manner.
Motion: That through the City Manager, the appropriate City of Saint John staff develop an action plan
for the Saint John community to advocate for Pension Reform from the Province of New Brunswick.
Resp Ily submitted,
Peter c ire
Councillor — City of Saint John
105
City Hall
15 Market Square
February 3, 2012
Your Worship Ivan Court
Members of Common Council
City of Saint John
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
Dear Mayor Court and Members of Council,
771101
City of Saint John
Motion: The City Manager, with any necessary resources, report expeditiously to council
on the process to transition our pension plan to a defined contribution plan.
I realize that this has very limited short term effect on our financial situation, however to protect
the city from future uncertainties and further financial disasters we need to investigate this
option.
This pension plan has put the city is an enormous financial hole; it's time to stop digging.
Respectfully Submitted,
(Received via email)
Gary Sullivan
106
City Hall
15 Market Square
February 3, 2012
Your Worship Ivan Court
Members of Common Council
City of Saint John
Dear Mayor Court and Members of Council
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
City of Saint John
Motion: The City Manager, no later than our last meeting in March, deliver a detailed
budget plan for the "worst case scenario" that the province does not approve pension
reform.
The budget that we recently passed does not fully account for a lack of pension reform. It does
get the city started down that path to reduce the risk, but we must be fully prepared for the
potential outcome that pension reform does not pass the provincial legislature.
Respectfully Submitted,
(Received via email)
Gary Sullivan
107
City Hall
15 Market Square
February 3, 2012
Your Worship Mayor Court,
and Common Council,
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
-Ift "1A
City of Saint John
Events of February 1st, 2012 clearly demonstrate that our attempts to bring forward a responsible
budget have fallen short of what is required. The best interests of the City of Saint John cannot continue
to rest on half measures or no measures at all.
It is critical that Council act swiftly to reign in our bourgeoning, unsustainable costs. As difficult and
unpleasant as it is, Council must identify another 6.4 million dollars in our budget to allocate to pension
obligations.
There is no question that the reduction of essential and front -line services will prove a higher cost to
our citizenry than the dollar amounts reflect. Such cannot, must not, be further negatively affected.
Reviewing our documents, it is apparent that, relatively speaking, City Hall proper has been left
comparably unscathed by Council's implemented cost reductions.
I therefore, with heavy heart but warranted prudence, make the following:
MOTION: That the City Manager be directed to find, post haste, 6.4 million dollars in cost reductions
from departments in City Hall proper. These must be done exclusively with the public interest foremost
in mind. By this I mean there should be no further reductions to the Planning and Development
Department or Inspection and Enforcement Services.
Or, if it is the wish of Council,
MOTION; That Council form a committee of Council , forthwith, tasked with recommending 6.4 million
dollars in cost savings from the departments of City Hall proper; these to have the least negative impact
on our Saint John citizenry . This committee must acknowledge that further reductions to the Planning
and Development Department or the Building and Enforcement department cannot be entertained as in
our citizens' best interest.
Expedience is crucial for the greater good as circumstances, unfortunately, clearly indicate.
Respectfully,
(Received via email)
Councillor Patty Higgins
1:
REPORT TO COMMON COUNCIL
M &C2012 -29
February 9, 2012
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
77.7
The City of Saint john
SUBJECT: Contract 2011 -27: Chesley Drive — Sanitary Lift Station 10A, Force Main &
Sewer
INTRODUCTION
Saint John Harbour Clean -Up 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 Chesley
Drive — Sanitary Lift Station 10A, Force Main & Sewer.
I MTO "{oI "Tel 0 zl F�
The Harbour Clean-Up Program is comprised of two major project components, the Eastern
Wastewater Treatment Facility and a Wastewater Collection System. Construction on the Eastern
Wastewater Treatment Facility is substantially complete and the facility is in operation. 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, Bayside Drive
Lift Station #2, Newmans Brook Sewer Separation, Spar Cove Pumping Station #22, Harbour
Station Lift Station #10 and Riverview Avenue Lift Station #30. Crown Street Lift Station #8,
Bridge Street Lift Station #23 and Milford Road Lift Station #32 are scheduled to be completed
by June 2012. Tippett Drive Lift Station #33 is scheduled to be completed by August 2012.
TENDER RESULTS
Tenders closed on February 1, 2012, for the Chesley Drive — Sanitary Lift Station 10A, Force
Main & Sewer project with the following results:
1. Fairville Construction Ltd., Saint John, NB $3,739,000.50
2. Dexter Construction Company Ltd, Bedford, NS $3,825,035.54
3. Gulf Operators Ltd., Saint John, NB $4,128,642.68
4. Galbraith Construction Ltd., Saint John, NB $4,722,196.78
The Engineer's estimate for the work was $4,590,208.82
109
M &C2012 -29
February 9, 2012
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff
is of the opinion that the low tenderer has the necessary resources and expertise to perform the
work, and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the Water & Sewerage Utility Fund Capital
Program. Assuming award of the Contract to the low 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 $4,014,800.00 was provided in the budget to
complete the construction of Lift Station 10A, force main and sewer. The projected completion
cost of this Contract is estimated to be $3,733,745.99 including the City's eligible H.S.T. rebate,
a $281,054.01 positive difference.
To date, the cumulative amount committed through award of Harbour Clean-Up Program
projects is $85,415,516.77 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.
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
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.
RECOMMENDATION
It is recommended that Contract No. 2011 -27: Chesley Drive — Sanitary Lift Station 10A, Force
Main & Sewer be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price
of $3,739,000.50 as calculated based upon estimated quantities, and further that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
Respectfully submitted,
Brian Keenan, P. Eng.
Engineering Manager
110
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2012 -22
February 6, 2012
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Demolition of a hazardous building at 1355 Golden Grove Road (PID 53371)
BACKGROUND
City of Saim John
The building at 1355 Golden Grove Road is a dilapidated, one - storey, single - family
residence. The dwelling has been vacant for an extended number of years and has been
left unattended to the point where a portion of the structure has become unsound.
The most critical issue is the collapsing front porch of the building. The front support
posts for the porch have deteriorated and are falling away from the building and as such,
the porch has collapsed along the front of the house. This has left a pile of debris and
rubbish on site that presents a safety hazard to anyone who may trespass on the property
because the debris has sharp, protruding objects that could cause someone harm if they
were to come in contact with the materials. Additionally, the support for the porch roof is
no longer sufficient and at some point the porch roof may collapse. Disturbing the area
and the debris near the front of the building could trigger such a failure and this would be
a danger to anyone who may be in close proximity.
The building has been left open for an extended period of time and access can be gained
through several large window openings at the front, side and back of the building. The
interior has been left exposed to the elements over many years and this has accelerated
building's deterioration. The sills of the building have rotted in some locations and the
roof shows signs of sagging at the midpoint, which could be an indication of further
structural concerns.
The building is dilapidated with the roof, cladding, sills and remaining windows in
severely deteriorated condition. The dilapidated building poses an unsightly condition
and may devalue properties in the area, and the vacant building may attract unwanted
attention which could include vandalism, arson and/or criminal activity. Vacant buildings
that are open to casual entry pose a hazard to the safety of the public by reason of being
vacant or unoccupied.
111
M & C 2012 —22 - 2 - February 6, 2012
Due to conditions outlined above, a Notice to Comply was prepared. Ownership of the
property is complex, as the registered owner is deceased. Through a search conducted by
the City Solicitor's Office, it was determined that two relatives of the deceased and their
heirs hold an interest in the property and thus these two parties were contacted and
subsequently each served with a copy of the Notice to Comply as mentioned above. The
services took place on November 19, 2011 and November 30, 2011. The building was
also posted with the Notice on November 4, 2011, which is also considered acceptable
service under the Municipalities Act.
With all identified parties served with the Notice, compliance was required within 60
days of service; therefore on before January 30, 2012. The owners had 14 days to appeal
the Notice; however, no application was received. A compliance inspection conducted
on February 6, 2012 revealed that no remedial actions have been undertaken.
Attached for Council's reference are the results of the title search conducted by the City
Solicitor's Office, the Notice to Comply that was issued and the affidavits attesting to
service of the Notice to Comply to all involved individuals, as well as an affidavit
attesting to the building's posting. Also included with this report are photographs of the
building. The Municipalities Act indicates that where a Notice to Comply has been
issued arising from a condition where a building has become a hazard to the safety of the
public by reason of dilapidation, unsoundness of structural strength, or being vacant or
unoccupied, the municipality may cause the building to be demolished. As required in
the Act a report from an engineer is attached, forming part of the issued Notice to
Comply, and provides the evidence to the building's dilapidation, structural unsoundness,
vacancy, and resulting hazard to the safety of the public.
As is written in the Act that a municipality must commence in the proceedings of
remedial action, approval of Common Council is required prior to starting demolition
activities at this property. The cost of demolishing the building is estimated to be $7, 000
- $12, 000 and could be complete within the next 8 weeks. As provided in the Act, the
cost of the remedial actions will be billed to the registered property owner and will be
sent to all associated individuals.
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council for the enforcement of the Saint John
Unsightly Premises and Dangerous Buildings By -law, arrange for the demolition of the
building at 1355 Golden Grove Road, in accordance with the applicable City purchasing
policies.
112
M & C 2012 —22 - 3 - February 6, 2012
Respectfully submitted,
Pamela Bentley, P.Eng.
Technical Services Engineer
Buildings and Inspection Services
VI
Wm. Edwards, P.Eng.
Commissioner
Buildings and Inspection Services
Patrick Woods, CGA
City Manager
113
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114
E MATTER OF A PROPERTY SITUATE IN THE CITY OF SAINT JOHN,
MW BRUNSWICK, IDENTIFIED BY SERVICE NEW BRUNSWICK
PROPERTY IDENTIFIER (PID) 53371, DESIGNATED 1355 GOLDEN GROVE
ROAD, BY MUNICIPAL AUTHORITIES
CERTIFICATE REGARDING TITLE
I, LYNDA D. FARRELL, of the City of Saint John, in the County of Saint
John and Province of New Brunswick, Barrister and Solicitor, do hereby certify that:
1. I am a solicitor employed by The City of Saint John in the City Solicitor's
Office.
2. I am a member in good standing of the Law Society of New Brunswick
and the Saint John Law Society.
3. Attached hereto as Schedule "A" is a photo - reduced copy of a Deed
whereby George E. Duffley and Catherine L. Duffley, his wife, purport to convey to
Mildred B. Horgan the freehold title to the parcel of land described in the said Deed. The
Deed dated September 19, 1928 was registered in the Saint John County Registry Office
on September 22, 1928 in Book 193 at Page 333 as Number 112083.
4. 1 have searched or caused to be searched the grantor indices in the said
Registry Office (Service New Brunswick) from 1925 to September 21, 2011 and have
determined the following:
1) By her last will and testament dated June 29, 1954 Mildred B. Horgan did,
inter alia,
"3. I give, bequeath and devise my land with the cottage thereon located at
Golden Grove, Saint John's County, Parish of Simonds, New Brunswick,
Canada, to Kenneth L. Horgan, aforesaid, IN TRUST, HOWEVER, upon the
trusts and for the objects and purposes following, to wit:
(a) Said trustee, or his successor in trust, shall hold, manage and control such
property during the continuance of the trust with power as to real estate to
improve, lease, rent, mortgage, sell, exchange and convey the same, or any
part thereof, for such prices or rents, and upon such terms and conditions
as my trustee in his sole discretion may deem best, including the power to
lease for any terms, irrespective of the period of trust; and as to the
personal property, to hold, control, , invest and reinvest the
same in such manner as my trustee may think best, with full power of
converting realty into personalty, and personalty into realty. The power to
mortgage or pledge the property, or to borrow money is hereby given. My
trustee shall have full power to compound, compromise and adjust all
115
-2-
claims and demands in favour of or against the trust estate, upon such
terms and conditions as he may deem best, and to execute and deliver all
proxies, powers of attorney, agreements, deeds, and other instruments,
which he may deem necessary or advisable in the administration of said
trust.
(b) All of such trust fund shall be taken to be held for the use and bennedfit O
my grandchildren, Richard F. Murphy and Barbara H. Murphy, an my
trustee shall use the income therefrom for their care, support and education
in his sole discretion, provided, however, that any ran and of the ipr of the
of said trust fund shall be used for such care, support
income be insufficient for such purposes.
(c) In no event shall the term of the aforementioned trust last after the
younger of the aforesaid Richard F. Murphy and Barbara H. Murphy
reaches the age of twenty -five years, and I expressly direct that the
properties in trust be vested in and belong �eh�said Richard f all trust wand
and Barbara H. Murphy, m � h attains the age of twenty-five equities, when the said Barbara H. Murphy
years.
(d) I request that my aforesaid trustee be exempt from furnishing any surety or
sureties on his official bond as such trustee.
This devise does not include the vacant land of eighty (80) acres, more or less,
in Golden Grove aforesaid."
A certified copy of the said last will and testament being recorded in the aforesaid
Registry Office on August. 15, 198 8 in Book 1301 at Page 521.
2) Richard F. Murphy died February 19, 1995, intestate leaving surviving as
his sole heir and next of kin, his wife Jane Scriven Murphy and children,
James R. Murphy, stSc E. Spinazola and Kara Lee Laroche; t esc
particulars contained in a ule D to a Deed registered in the aforesaid
Registry Office on January 13, 2003 as Number 15693618.
5. A 411.com computer search made September 22, 2011 provides the
following information:
Barbara H. Murphy
7081 Gail PI
Colorado Springs, CO, U.S.A.
809020 -3581
116
-3-
Jane S. Murphy
6 Bridlefield Ln
Medford, MA, U.S.A.
02052 -3345
Krista E. Spinazola
8 Flynn Rd
Franklin, MA, U.S.A.
02052 -3345
Kara L. Laroche
6 Bridlefield Ln
Medford, MA, U.S.A.
02052 -3345
James R. Murphy
143 Lincoln St
Needham, MA, U.S.A.
02492 -2935
6. The real property taxes are outstanding in the total amount of $1,686.31
(2011 levy is $512.10). Attached hereto as Schedule `B" is a Tax Certificate issued
September 22, 2011 in this respect.
7. Title to the Property has not been registered under the Land Titles Act.
DATED at Saint John, New Brunswick on September 22, 2011.
da el
117
B '
Tor. 1 The City of Saint John
k
LR?~P 134N9503 2835
Tiretexes ardpe nehiasauhWto tIleProv]noeWmtherealprcpatY cf:
Name HORGAN,141LDRED B EST-.....
Nat► C/O BARBARA -Ii., KIRPI3Y
Ad}em p0 BOX 25232
Adem CoLoRAm SPRINGS Gt7 80936
A�$ GOLDEN GROVE
dtwd sihr6e> �•� �--
Aooant Nurilc
p ant le odeomVedesbierrs 01588077
udrtheRedpropertyTaxAdme (2011 LEVY $
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I'im foxier dam les 30 jous Q0606cbrrc la date der psd9unt oatifirat.
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tdsidmor, ou a la suite d'cn paiernat d&hd carrim dtant non
bew held for taxes trrdes' the provisk- of the heal Property Tax Act
within 30 days prior to the date of this ODdificAc-
The facts harts erne as they adacd wcordng to the reoor& kept -Xkr
the Real Property Tax Act: however the facts stray drag atbwq=tt to
the isstrerroe of this Certificate, es a revit of a dratrg; in the art
of the Ae t property pxmut to theprovisicmoftheA�rnart Act
or the 1 mdda tial Property Tax Rehef.Act, cr as a reslrit of a payment
beix%dmgxlback as non- neWtiadm
This G tific g is i•stndirr accardmoe, with the provis]orrs of the Real
Le prdmtt certiSrart el amis en vertu des &VOsitimrs de 1a L.o] str
1'irrp fancier.
Property Tax Ad.
]road at F we Act. in the Qwrty of York, in the Province of New Fait a A'ederietom darts le co"d & York et provh= d, is a ear Bmraokk cc
Bh=Wid, this
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118
tAP
Per
n
Pace 9 of i
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
RECEIVED
DEC 16 200
B!}{ ING INSPECTION
I, 02-ok o of the City of Sosfor, in the
County of and State of eoggg tvsghl s MAKE OATH
AND SAY AS FOLLOWS:
1. On the � day of �]/aydr„b�.r , 2011, I served
4 with the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• a Notice of Appeal, attached hereto as Exhibit "B";
by leaving a copy with hira / her at
,�tl
MA in 6xnd
2. I was able to identify the person served by means of the fact that he / she
acknowledged to me he,/ she was
Jn 4aef Je »s S. &4044v.,, aAW AW 4 ril er W/ A M
Sworn To before me at
544ro/ nb
on the d y of
2011
R R
&W61 +ofr useas
eNnn
Darittdrl m avime i. Ust 11, 2017
119
FORM 1
NOTICE TO COMPLY
(MunicipawlesAct, RS.N.B. 1973,
e.M -22, 9.190.01(3))
Parcel Identifier: 53371
FORMULE 1
AVIS DE CONFORMPI'l;
(Loi sur les municipali'tds, L.R.N. -B. de 1973,
ch. M -22, par, 190.01(3))
Nam6ro d' identification de In parcelle : 53371
Address: 1355 Golden Grove Road, Saint John, Adresse : 1355, chemin Golden Grove, Saint
New Brunswick John, Nouveau - Brunswick
Owner(s) or Occupier(s):
Name: Horgan, Mildred B. Estate
Address: P.O. Box 25232, Colorado Springs,
Colorado, United States, 80936
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings By -Law, By -law Number M-
30 and amendments thereto (the "By-law').
Provision(s) contravened: Paragraphs 190.01(1)(a),
190.01(1)(d), 190.01(1,1) and 190.01(2) of the
Municipalities Act, and amendments thereto.
Description of condition(s): The premises are unsightly
by permitting rubbish and a dilapidated building to
remain on the premises. The building has become a
hazard to the safety of the public by reason of being
vacant or unoccupied, and, has become a hazard to the
safety of the public by reason of dilapidation and
unsoundness of structural strength, The conditions of the
building and premises are described in Schedule "A ", a
true copy of the inspection report dated November 1,
2011 prepared by Stewart Handrahan, By -law
Enforcement Officer and reviewed by Pamela Bentley,
P,Eng, By -law Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid By -law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
address the hazard to the safety of the public.
Propri6taire(s) ou occupant(s) :
Nom: Horgan, Mildred B. Biens
Adresse : Case postale 25232, Colorado Springs,
Colorado, hats -Unis, 80936
Municipality signifrant I'avis : The City of Saint
John
ArrW enfreint : Arreti concernant les bdtiments
inesthetiques ou dangereux de The City of Saint John,
Arr8t6 num6ro M -30, ainsi que ses modifications ci-
affdrentes (i' « Arr8t6 >>).
Dispositiou(s) enfreinte(s) : Las paragraphos
190,01(1)(a), 190.01(1)(d), 190.01(1,1) et 190.01(2)
de la Loi sur les municipalttds, ainsi que leg
modifications aff6rentes.
Description de la (des) condition(s) : Les lieux sont
inesthdtique on permottant la prdsenoc de detritus et
du fait de la pr6sence d'un batiment d61abrC Le
bl;timent cat devenu dangereux pour la s6eurit6 du
public du fait de son inhabitation ou de son
inoccupation et, eat devenu dangereux pour is sdcurM
du public du fait de son ddlabrement et de son manquo
de solidit6. Les conditions du btitiment et des lieux
sont d6crites iti 1'annexe u A », une oopie conforme du
rapport d'inspection en date du 1 novembre, 2011 of
pr6par6 par Stewart Handrahan, un agent charg6 de
1'ex6cution des arrdt& municipaux of r6visd par
Pamela Bentley, ing„ une agente charg6e de
Vex6cution des arr8t6s municipaux.
Mesure(s) d prendre : La propridtaire doit restaurer
leg conditions en se conformant aux recommandations
du rapport d'inspection susmentionn6 et d'amener to
b&timent et leg lieux on conformit6s avec I'Arr&6.
Dans 116ventualit6 que la propridtaire ne rem6dient pas
le b3timent et leg lieux dans to temps prescrit par le
pr6sent avis de conformit6, le btitiment pourront 8tre
d6molis comme mesure corrective cornpte tenu qu'il
represents un danger pour In s6curit6 du public at leg
lieux pourront &re nettoy&
Dans 116ventualit6 de d6molition, tous leg debris et
autres items sur leg lieux seront dispos6s comme
mesure corrective dans to but de remMer le danger
pour la sdcurit6 du public.
The aforementioned remedial actions relating to the Les mosures correctives susmentionnfes relativemont
demolition of the building and the disposal of debris and d [a d6molition du blitiment et la disposition des debris
items on tho promises do not include the carry-out clean- et autres items sur leg lieux ne compronnent pas le
120
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur: r
a) The demolition of the building, clean -up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 60
days of being served with the Notice to Comply.
b) The repair related remedies must be complete:
within 120 days of being served with the Notice
to Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — Wh Floor, 15
Market Square, Saint John, New Brunswick, F2L 4L1.
Potential penalty for non - compliance within
specified tlme:2 Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.011 of the said Act, commits an
offence that is punishable under Part H of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:3 Subparagraphs 190,04(1)(a), 190.04(1)(a.1)
and 190.04(1)(b) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.011 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
nettoyage, Ia remise en 6tat des lieux, des terrains ou
des biens personnels ou toute antic mesure corrective
daps le but de contr8ler ou de r6duira, d'61iminer le
dkversement, de modifier le mode do d6versement ou
le d6versement d'un polluant dans ou sur
l'environnement on toute partie de 1'environnement.
Date it laquelle to ou les mesures doivent itre
prisesi :
a) La d6molition du bbtiment et le nettoyage des
lieux doivent tare compl&66s, ou A laquelle
les plans of demande de permis pour les
mesures des r6parations, doivent etre
soumises, daps les 60 joursqui suivent la
signification de ]'avis de conformit6.
b) Les r6parations reli&A aux mesures doivcnt
titre comp16t6es dans les 120 jours qui suivent
la signification de I'avis de conformit6.
Date 6 laquelle un appel de Pavis pout itre dipose:
Dana les 14 jours qui suivent la notification de ]'avis
de oonformit6.
Processus d'appel : La propri6taire peux dans les 14
joursqui suivent la notification de ]'avis de
conformit6, envoy6 un avis d'appel par eourrier
recommand6 i la greffibre communale de la
municipalit6, A The City of Saint John, Edifice de
I'hdtel de ville, 8' 6tage, 15 Market Square, Saint
John, Nouveau - Brunswick, E21, 4L1.
P6nalit6 possible pour non- conformit6 daps le d61si
prescrlti : Le paragraphe 190.03(1) de la Lai sur les
municipalltds pr6voit quiconque omet do se conformer
aux exigences formul6es dens un avis de conformit6
notifi6 aux termes de Particle 190.011 de ladite loo
commet une infraction qui eat punishable en vertu do
la Partie 11 de la Loi sur la procddure applicable aux
Infractions provinciales A titre d'infraction de la classe
F.
Lorsqu'une infraction pr6vue au paragraphe 190.03(1)
se poursuit pendant plus d'une joum6e, 1'ameade
minimale qui pout titre imposee est Famende
minimale pr6vue par la Lai sur la procddure
applicable aux Infraction provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesqueis ]'infraction se poursuit
conform6ment A 1'alin6a 190.03(1.2)(b)(i).
Pouvoir de la municipallt6 d'entreprendre les
r6parations ou de prendre les mesures3 :
Conform6ment aux alin6as 190,04(lxa),
190.04(t)(a,1) et 190.04(1)(b) do la Lai sur les
municipalitds, si un avis de conformit6 a 6t6 signifi6
aux termes de ['article 190.011 de ladite [oi et, que le
propriitaire on ]'occupant no se eonforme pas A cat
avis de conformit6 dans le d61ai impard et tel qu'il est
r6put6 confum6 on tel qu'il est confirm6 ou modifi6
par un comit6 du eonseil ou par un juge en vertu de
Particle 190.021 de ladito loi, la municipalit6 pout
faire nettoyer ou r6parer les lieux de ce propri taie ou
de cot occupant ou de faire r6parer ou d6molir la
propri6t6 de ce propri6taire ou do cot occupant, et les
frais relatifs A 1'ex6cution de ces travaux, y compris
toute redevance ou tout droit aff6rent, sont A la charge
121
�J
Dated at Saint John the 3 day of November, 2011
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: Stewart Handrahan
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, ICP Floor
P. O. Box 1971
Saint John, New Brunswick
E21, 4L1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email: stewart.handrahang
Seal of municipality
Notes:
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
du propri6taire ou de ]'occupant et deviennent une
erdance de la municipalit6.
Fait 6 Saint John le — novembre, 2011.
Municipality: The City of Saint John
Signature du reprdsentant municipal:
Coordonn6es du repr6sentant municipal:
Nom : Stewart Handrahan
Adresse postale:
D6partement aux services d'inspection et des
b8timents
The City of Saint John
15 Market Square
tdifice de Ph8tel de villa, 10° dtage
Case postale 1971
Saint John (Nouveau- Brunswick)
1321, 4L1
Telephone: (506) 658 -2911
T616copicur : (506) 632 -6199
Courriel: stewart.handrahan @saintjohn.ca
Sceau do la municipand
Notes
1. Tous les permis preacrits doivent etre obtenus et toutc In
16gislation patinente doit 8tre respectee, pendant I'exbcution de In
mesure de recours.
2. Le paiement de 1'amendc n'annule pas ]'obligation de respecter
Parr&&, Is norme ou 1'avls de conformitt.
3. Les coats deviennrnt une dene cnvcrs Ia municipalit6 et peuvent
etre ajout6s is I'avis d'6valuation ct d'imp6t fancier municipal et
provincial.
122
INSPECTION REPORT
Schedule "A"
1355 Golden Grove Road
Saint John, New Brunswick
PID# 53371
Inspection Date: August 24, 2011
Inspector: Stewart Handrahan
1-noreby cat€fy that this W"
document is a true copy opft
ari$inal. ;,
Dated at Saint john t
tbks Lday Of_,_..�,..
AlAl top 2QJ�t, _011.
Introduction
An inspection of the property noted above has revealed that the only building on the
property is unsightly, vacant and unoccupied, dilapidated, and structurally unsound. The
one - storey building is of wood frame construction and has been vacant since on or before
November 19, 2007. The building is said to be vacant for many years prior to 2007, but it
cannot be confirmed exactly when it became vacant as it was not documented.
Discussion
The building and property are not in compliance with the Saint John Unsightly Premises
and Dangerous Buildings By -law, By -law Number M -30, (the "By- law").
Unsightly Premise Conditions
Paragraph 190.01(1)(a) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises any ashes,
junk, rubbish, or refuse.
There is a large heap of rubbish from the collapsed front porch that remains on the
premise that has created an unsightly condition.
Paragraph 190.01(1)(d) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises a
dilapidated building.
The building is unsightly due to its dilapidation. The building is dilapidated for reasons
described in the section below called "Dilapidated and Structurally Unsound ".
Vacant and Unoccupied
Paragraph 190.01(1.1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. The building has been left vacant and abandoned for an extended period of
time. A building that is in a dilapidated condition and that is left unsecured
from public entry could attract vandalism, arson, or criminal activity.
Vandalism, arson, or criminal activity could devalue properties in the area and
could pose a hazard to the safety of the public in the surrounding area.
2. The building is not secure from public entry and has not been secured in the
past. If members of the public were to enter the building it could pose a hazard
123
to their safety since the building is hazardous, especially near the front porch
area where the porch has collapsed and the rubbish remains on the premise.
In its current state, the building is not suitable for human habitation and does not meet the
requirements for minimum standards governing the condition, occupancy and
maintenance of residential property as described in the Saint John Minimum Property
Standards ,By -law, By -taw Number M -14 (the "Minimum Property Standards By -law")
and/or the Residential Properties Maintenance and Occupancy Code Approved
Regulation — Municipalities Act, New Brunswick Regulation 84 -86, under the
Municipalities Act (the "Code "). It therefore could not be occupied without extensive
and potentially costly repair.
Dilapidated and Structurally Unsound
Paragraph 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1, There is broken glass in many of the windows and on the ground near the
building. The broken glass poses a hazard to the safety of the public because it
could cause personal injury.
2. With many of the windows being leis open for an extended period of time, the
elements such as wind, snow, and rain have been allowed to infiltrate the
interior of the building causing deterioration to progress at an accelerated rate.
3. Exterior cladding is deteriorated and paint is peeling and therefore the
cladding is not properly protected from the elements.
4. The sills on both sides and the front of the building are rotted due to excessive
exposure to the elements.
5. The roof is in very poor condition and as such the interior of the building is
not properly protected from the elements.
The building is a hazard to the safety of the public by reason of structural unsoundness
for the following reasons:
1. The front porch that was attached to the building has collapsed. Since its
collapse it no longer sufficiently supports the roof above it, and if it were to
further collapse the roof could fail and cause personal injury to anyone within
the vicinity of the porch. For this reason, the entire front porch area poses a
hazard to the safety of the public.
2. The roof is visibly deflecting inward at its mid -span thus indicating either
improper structural support of the roof system or settlement of the foundation
and structure which supports the roof.
2
124
Required Remedial Actions:
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the building and premise through all repair and
remedial actions asfollows:
1. The building must be completely repaired so it may become occupied while
maintaining minimum standards as described by the Minimum Property Standards
By-law and the Code.
2. A detailed plan must be submitted to the Buildings and inspection Services
Department of the City of Saint John (the "Department ") for review and approval.
This plan should include a complete engineering report regarding the structural
soundness of the building and any necessary repairs. This plan should also include
a schedule for the work that is to be carried out. The repaired building must meet
the National Building Code of Canada (2005) and any other applicable codes.
3. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
4. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By -law, By -law Number C.P. 101 and amendments thereto.
5. The premise must be cleared of all debris and junk items including broken glass,
construction materials, and any miscellaneous items found on the property. The
debris must be disposed of at an approved solid waste disposal site, in accordance
with all applicable by -laws and regulations. Documented proof, that clearly
demonstrates an approved solid waste disposal site was used for the disposal of
debris, must be provided to the Department. The premise must comply with all
applicable by -laws, acts, codes and regulations.
Option 2: Demolition of the building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The building must be demolished to remove the hazard to the safety of the public
by reason of being vacant and unoccupied, and by reason of dilapidation and
unsoundness of structural strength.
2, A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law, By -law Number C.P. 101, and
amendments thereto
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable by -laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be cleared and disposed of at an
approved solid waste disposal site, and in accordance with all applicable by -laws,
acts and regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
5. The property must comply with all applicable by -laws, acts, and regulations.
125
Prepared by:
Tabs+
Stewart Handrahan, EI'T Date
Standards Officer
Buildings and Inspection Services Department
Reviewed by:
-e,&. 90Th -t mil
Pamela Bentley, P. Eng. Date
Technical Services Engine
Buildings and Inspection S ices Department
126
NOTICE OF APPEAL
FORM 1
(Municipalities Act, R.S.N.B.1973,
c. M -22, s.190.021(1))
File No.:
BETWEEN:
Appellant(s),
-and -
THE CITY OF SAINT JOHN,
Respondent.
Parcel Identifier: PID #
Parcel Address:
Owner(s) or Occupier(s):
Name:
Address:
Telephone;
Name:
Address:
Telephone:
AVIS D'APPEL
FORMULE 1
(Loi sur les municipalitis, L.R-N: B. de 1973,
ch. M -22, par. 190.021(1))
W du dossier ;
ENTRE:
Appelant(s),
- et-
THE CITY OF SAINT JOHN,
Intimde.
Numdro d'identification de la parcelle : # NID
Adresse de la parcelle :
Propri6taire(s) ou occupant(s)
Nom:
Adresse
Telephone:
Nom :
Adresse:
T616phone:
127
-2-
The above named appellant(s) is (are) not satisfied
with the terms and conditions set out in the notice
that has been given under section 190.011 of the
Municipalities Act and appeals to the Saint John
Substandard Properties Appeal Committee.
The appellant's grounds for this appeal are as follows
(set out the grounds clearly but briefly):
Dated at the
.2011.
L'appelant(s) susnommd(s) n'aceepte(nt) pas leg
modalit6s ou les conditions qui y sont dnoncds dens
1'avis qui a dtb notifid aux termes de Particle 190.011 de
la Loi sur les municipalitds et fait appel au Comitd
d'appel des propridtds infdrieures aux normes de Saint
John.
Les motifs d'appel de Pappelant(s) dans le prdsent appel
sont les suivants (dnoncer les motifs de fafon claire et
concise) :
day of Fait
Signature of owner or occupier
The appellant(s) intends to proceed in the English
or French language (Please check the appropriate
box).
Please forward your Notice of Appeal by registered
mail to the clerk of The City of Saint John within
fourteen (14) days after having been given the notice
at the following address:
Common Clerk's Office
15 Market Square, City Hall Building, 8h Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: 506- 658 -2862
Telecopier: 506 - 674 -4214
Notes:
1. A notice that is not appealed within fourteen (14)
days after having been given the notice shall be
deemed to be confirmed.
le
2011.
Signature du propridtaire ou 1'occupant
L'appelant(s) a (ont) 1'intention d'utiliser la langue
frangaise ou anglaise (Veuillez cocker la case
approprae),
Veulllez faire parvenir votre Avis d'appel par courrier
recommandd au secrdtaire de The City of Saint John
dans les quatorze (14) fours qui sulvent la not (cation
de Vavis a Padresse suivante
Bureau du greffier communal
15 Market Square, tdifice de 1'hetel de ville, 80 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T616phone: 506-658-2862
Tdldcopieur: 506- 674 -4214
Notes :
1. Un avis dont it West pas intedetd appel dans les
quatorze (14) fours qui suivent la notification de Pavis
est r6putde confirmb.
128
-3-
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the notice or extend the time for complying
with the notice.
4. The Saint John Substandard Properties Appeal
Committee shall provide a copy of its decision to the
owner(s) or occupier(s) of the premises, building or
structure who brought the appeal within fourteen
(14) days after making its decision.
5. The owner(s) or occupier(s) provided with a copy
of a decision from the Saint John Substandard
Properties Appeal Committee may appeal the
decision to a judge of The Court of Queen's Bench of
New Brunswick within fourteen (14) days after the
copy of the decision was provided to the owner(s) or
occupier(s) on the grounds that (a) the procedure
required to be followed by the Municipalities Act was
not followed, or (b) the decision is patently
unreasonable.
2. Lors d'un appel, le Comitd d'appel des propridtds
infdrieures aux normes de Saint John doit tenir, sur le
point en litige, une audience au tours de laquelle le(s)
propridtaire(s) ou Poccupant(s) qui interjette(nt) appel a
(ont) le droit d'dtre entendu(s) et peut(vent) se faire
reprdsenter par un avocat.
3. Lors d'un appel, le Comitd d'appel des propridtds
infdrieures aux normes de Saint John peut conformer,
modifier ou annuler Pavis ou proroger le ddlai pour s'y
conformer.
4. Le Comitd d'appel des propridtds infdrieures aux
normes de Saint John doit fournir une copie de sa
decision au(x) propri6taire(s) ou a 1'occupant(s) des
lieux, du b&timent ou de la construction qui lui a(ont)
interjetd appel dans les quatorze (14) Jours suivant la
date i! laquelle it a rendu sa ddcision.
5. Le(s) propridtaire(s) ou 1'occupant(s) A qui une copie
d'une ddcision a ltd fournie par le Comitd d'appel des
propridtds infdrieures aux normes de Saint John
peut(vent), daps les quatorze (14) Jours qui suivent,
interjeter appel de la ddcision levant un juge de la Cour
du Banc de la Reine du Nouveau - Brunswick au motif
que (a) la d6marche d suivre en vertu de la Loi sur les
municipalitds n'a pas ltd suivie, ou (b) la decision est
manifestement ddraisonnable.
129
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, T)o N A D 'T W,4 eEFIEL1> of the City of (n"- P in the
County of 01— 106,96 and State of Ca Z, A4DO MAKE OATH
AND SAY AS FOLLOWS:
1. On the 1"7 r-14 day of No vale Q GIQ , 2011,1 served
Rj?-4e-+ %VL y RP Nf y with the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• a Notice of Appeal, attached hereto as Exhibit "B ";
by leaving a copy with him / her at _ i2GS i D ENC� : ) 0 7d WA
"t"9a.i1J
2. 1 was able to identify the person served by means of the fact that he
acknowledged to me he /45e" w
To before me at
n the -�Wli:.
/ 1
KIM M14N.M
THALIA WAKE IELD
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSION EXPIRES: 12-22-2011'
130
FORM 1
NOTICE TO COMPLY
(MunictpaiidesAct, R.S.N.B.1973,
c.M -22, s.190.01(3))
Parcel Identifier: 53371
FORMULE 1
AVIS DE CONFOR TIt
(Lot sur les municipalk&, L.R.N. -B. de 1973,
ch. M -22, par. 190.01(3))
Num6ro d'identifleation de la parcelle : 53371
Address: 1355 Golden Grove Road, Saint John, Adresse : 1355, chemin Golden Grove, Saint
New Brunswick John, Nouveau - Brunswick
Owner(s) or Occupler(s):
Name: Horgan, Mildred B. Estate
Address: P.O. Box 25232, Colorado Springs,
Colorado, United States, 80936
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings By -Law, By -law Number M-
30 and amendments thereto (the `By- law").
Provision(s) contravened: Paragraphs 190.01(1)(a),
190.01(1)(d), 190.01(1.1) and 190.01(2) of the
Municipalities Act, and amendments thereto.
Description of condition(s): The premises are unsightly
by permitting rubbish and a dilapidated building to
remain on the premises. The building has become a
hazard to the safety of the public by reason of being
vacant or unoccupied, and, has become a hazard to the
safety of the public by reason of dilapidation and
unsoundness of structural strength. The conditions of the
building and premises are described in Schedule W, a
true copy of the inspection report dated November 1,
2011 prepared by Stewart Handrahan, By -law
Enforcement Officer and reviewed by Pamela Bentley,
P.Eng. By -law Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
address the hazard to the safety of the public.
Propri6taire(s) ou occupant(s) :
Nom: Horgan, Mildred B. Biens
Adresse : Case postale 25232, Colorado Springs,
Colorado, $tats -Unis, 80936
Municipalit6 signifiant Pavis : The City of Saint
John
Arr&6 enfretnt : Arretd concernant les bdtiments
inesthdtiques ou dangereux de The City of Saint John,
Arr&d numdro M -30, ainsi que ses modifications ci-
aff6rentes (1' «Arr6t6 »).
Disposition(s) enfreinte(s) . Les paragraphes
190.01(1)(a), 190.01(1)(d), 190.01(1.1) et 190.01(2)
de la Lot sur les municipalitds, ainsi que lea
modifications aff6rentes.
Description de la (des) condition(,) : Les lieux sont
inesthdtique on permettant la pr6sence de d6tritus et
du fait de la pr6sence d'un bitiment d6labr6. Le
bitiment eat devenu dangereux pour la s6curit6 du
public du fait de son inhabitation ou de son
inoccupation et, est devenu dangoreux pour la s6curit6
du public du fait de son d6labrement at de son manque
de solidit6. Les conditions du bAtiment et des lieux
sont d6crites A 1'annexe « A », une copie conforme du
rapport d'inspection on date du 1 novembre, 2011 et
pr6par6 par Stewart Handrahan, un agent charg6 de
1'ex6cution des arr8t6s municipaux et r6vis6 par
Pamela Bentley, ing., une agente charg6e de
1'ex6cution des arret6s municipaux.
Mesure(s) A prendre : La propri6taire doit restaurer
[es conditions en se conformant aux recommandations
du rapport d'inspection susmentionn6 et d'amener le
bitiment et lea lieux on conformit6s avec 1'Arrdtd.
Dana I'6ventualit6 que la propri6taire ne remddient pas
It bAtiment et lea lieux dans le temps prescrit par le
pr6sent avis de conformitd, It bitiment pourront titre
d6molis comme mesure corrective compte tenu qu'il
repr6sente un danger pour [a sdouritd du public et lea
lieux pourront Atre nettoy6s.
Dana l'6ventualit6 de demolition, tous lea debris et
autres items sur lea lieux seront dispos6s comme
mesure corrective dans It but de remddier to danger
pour la s6curit6 du public.
The aforementioned remedial actions relating to the Les mesures correctives susmentionn6es relativement
demolition of the building and the disposal of debris and A la demolition du bAtiment et la disposition des debris
items on the premises do not include the cant' -out clean- et autres items sur les lieux no comprennent pas It
131
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur: i
a) The demolition of the building, clean -up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 60
days of being served with the Notice to Comply.
b) The repair related remedies must be complete:
within 120 days of being served with the Notice
to Comply.
nettoyage, la remise en 6tat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
dans le but de contrSler ou de r6duire, d'6liminer le
d6versement, de modifier le mode de d6versement ou
le d6versement d'un polluant dans ou am
1'onvironnement ou toute partie de I I environnoment.
Date A laquelle la on les mesures doivent Atre
prisest :
a) La d6molition du bdtiment et le nettoyage des
lieux doivent 8tre comp16t66s, ou A laquelle
les plans et demande de permis pour lea
mesures des r6parations, doivent 8tre
soumises, dans les 60 joursqui suivent la
signification de Pavis de conformit6.
b) Les r6parations relides aux mesures doivent
8tre compl6t6es dans les 120 jours qui suivent
la signification de ]'avis de conformit6.
Date by which notice may be appealed: Within 14 Date it laquelle ua appel de ]'avis pent 8tre dkpos6:
days of being served with the Notice to Comply. Dans Its 14 jours qui suivent la notification de Pavis
de conformit6.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8" Floor, 15
Market Square, Saint John, New Brunswick, E2L 4L1.
Potential penalty for non - compliance within
specified time :2 Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.011 of the said Act, commits an
offence that is punishable under Part 11 of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(1) continues
for mote than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1)
and 190.04(1)(b) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.011 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
Processus d'appel : La propridtaire peux dans les 14
joursqui suivent la notification de Pavis de
conformit6, eavoy6 un avis d'appel par courrier
recommand6 A la greffi6re communale de la
municipalit6, A The City of Saint John, {edifice de
116tel de vine, 8' 6tage, 15 Market Square, Saint
John, Nouveau - Brunswick, E2L 4LI.
P6natM possible pour non- conformit6 dans le Ulai
prescrit2 : Le paragraphe 190.03(1) de la Loi sur les
municipalitds prdvoit quiconque omet de se conformer
aux exigences formul6es dans un avis de conformit6
notifi6 aux termes de Particle 190.011 de ladite loi,
commet une infraction qui est punissable en vertu do
la Partie 11 do la Loi sur la procedure applicable aux
infractions provinciales A titre flufraction de la ciasse
F.
Lorsqu'une infraction pr6vue au paragraphe 190.03(1)
se poursuit pendant plus d'une journ6e, 1'amende
minimale qui pout 8tre imposee eat l'amende
minimale prdvue par la Loi sur la procedure
applicable awc infractions provinciales pour uno
infraction de is classe F multiplieo par le nombro de
jours pendant losquels Pinfraction se poursuit
conform6ment A Palin6a 190.03(l.2) (1)(i).
Pouvoir de la municipal10 d'entreprendre les
r6parations ou de prendre les mesures3 :
Conform6ment aux alin6as 190.04(1)(a),
190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les
municipalites, si on avis de conformit6 a 06 signifi6
aux termes de Particle 190.011 de ladite loi et, que le
propd6taire ou L'occupant no se conforme pas i cot
avis de conforinit6 dans le d6lai imparti et tel qu'il est
r6put6 confum6 ou tel qu'il est confirm6 ou modift6
par un comit6 du conseil ou par un juge on vertu de
Particle 190.021 do ladite loi, la municipalit6 peut
faire nottoyer ou r6parer les lieux de ce propri6taire ou
de cet occupant ou de faire r66parer ou ddmolir la
propriW de ce propri6taire ou de cot occupant, et lea
frais relatifs A 1'ex6cution de ces travaux, y compris
toute redevance ou tout droit aff6rent, sont A la charge
132
<J
Dated at Saint John the day of November, 2011
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Namo: Stewart Handrahan
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, IO"' Floor
P. 0. Box 1971
Saint John, New Brunswick
E2L 4L 1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email: stewart.handrahan(a'
Seal of municipality
Notes:
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply,
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice_
du propridtaire ou de 1'occupant et deviennent une
crdance de la municipalit6.
Fait 6 Saint John to _-__ novembre, 2011.
Municipality : The City of Saint John
Signature du repr6sentant municipal:
Coordonn6es du reprEsentant municipal:
Nam : Stewart Handtahan
Adresse postale:
D6partement aux services d' inspection et des
bitiments
The City of Saint John
15 Market Square
tdifice do l'h6tol de ville, 10` 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L 1
T616phone : (506) 658 -2911
T6tdcopieur : (506) 632 -6199
Courriel: stewart.handrahan @saintjohn.ca
Sceau de la mutticipalit6
Notes :
1. Tous les permis prescrits doivent etre obteaus et toute to
legislation pertinence dolt etre respectee, pendant t'extcution de fa
mesure de. recours.
2. Le paiement de 1'amcnde n'annule pas ('obligation de respecter
I'erretd, Is norms ou Pavis do conformM.
3. Les coots devlenneat une dette covers la municipalit6 et peuvent
etre ajoutes A I'avls d'dvaluation et d'impet foncier municipal et
provincial.
133
INSPECTION REPORT
Schedule "A"
1355 Golden Grove Road
Saint John, New Brunswick
PM# 53371
Inspection Date: August 24, 2011
Inspector: Stewart Ilandrahan
Introduction
hereby cartify that this qq14
document is a true cVy Qr toe
onginal.
Dated at Saint John {
thia.`,.�.,�''day Of, --------
._„_,.
61-►se, —.— _20.,1,4
Standards
off��
An inspection of the property noted above has revealed that the only building on the
property is unsightly, vacant and unoccupied, dilapidated, and structurally unsound. The
one -storey building is of wood frame construction and has been vacant since on or before
November 19, 2007. The building is said to be vacant for many years prior to 2007, but it
cannot be confirmed exactly when it became vacant as it was not documented.
Discussion
The building and property are not in compliance with the Saint John Unsightly Premises
and Dangerous Buildings By -law, By -law Number M -30, (the `By- law ").
Unsightly Premise Conditions
Paragraph 190.01(1)(a) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises any ashes,
junk, rubbish, or refuse.
There is a large heap of rubbish from the collapsed front porch that remains on the
premise that has created an unsightly condition.
Paragraph 190.01(1)(d) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises a
dilapidated building.
The building is unsightly due to its dilapidation. The building is dilapidated for reasons
described in the section below called "Dilapidated and Structurally Unsound ".
Vacant and Unoccupied
Paragraph 190.01(l. 1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the. safety of the public by reason of being
vacant or unoccupied.
The building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. The building has been left vacant and abandoned for an extended period of
time. A building that is in a dilapidated condition and that is left unsecured
from public entry could attract vandalism, arson, or criminal activity.
Vandalism, arson, or criminal activity could devalue properties in the area and
could pose a hazard to the safety of the public in the surrounding area.
2. The building is not secure from public entry and has not been secured in the
past. If members of the public were to enter the building it could pose a hazard
134
to their safety since the building is hazardous, especially near the front porch
area where the porch has collapsed and the rubbish remains on the premise.
in its current state, the building is not suitable for human habitation and does not meet the
requirements for minimum standards governing the condition, occupancy and
maintenance of residential property as described in the Saint John Minimum Property
Standards By-law, By -law Number M -14 (the "Minimum Property Standards By- taw")
and/or the Residential Properties Maintenance and Occupancy Code Approved
Regulation — Municipalities Act, New Brunswick Regulation 84 -86, under the
Municipalities Act (the "Code "). It therefore could not be occupied without extensive
and potentially costly repair.
Dilapidated and Structurally Unsound
Paragraph 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. There is broken glass in many of the windows and on the ground near the
building. The broken glass poses a hazard to the safety of the public because it
could cause personal injury.
2. With many of the windows being left open for an extended period of time, the
elements such as wind, snow, and rain have been allowed to infiltrate the
interior of the building causing deterioration to progress at an accelerated rate.
3. Exterior cladding is deteriorated and paint is peeling and therefore the
cladding is not properly protected from the elements.
4. The sills on both sides and the front of the building are rotted due to excessive
exposure to the elements.
5. The roof is in very poor condition and as such the interior of the building is
not properly protected from the elements.
The building is a hazard to the safety of the public by reason of structural unsoundness
for the following reasons:
I, The front porch that was attached to the building has collapsed. Since its
collapse it no longer sufficiently supports the roof above it, and if it were to
further collapse the roof could fail and cause personal injury to anyone within
the vicinity of the porch, For this reason, the entire front porch area poses a
hazard to the safety of the public.
2. The roof is visibly deflecting inward at its raid -span thus indicating either
improper structural support of the roof system or settlement of the foundation
and structure which supports the roof.
135
Required Remedial Actions:
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the building and premise through all repair and
remedial actions as follows:
1. The building must be completely repaired so it may become occupied while
maintaining minimum, standards as described by the Minimum Property Standards
By -law and the Code.
2. A detailed plan must be submitted to the Buildings and Inspection Services
Department of the City of Saint John (the "Department ") for review and approval.
This plan should include a complete engineering report regarding the structural
soundness of the building and any necessary repairs. This plan should also include
a schedule for the work that is to be carried out. The repaired building must meet
the National Building Code of Canada (ZOOS) and any other applicable codes.
3. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
4. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By -law, By -law Number C.P, 101 and amendments thereto.
5. The premise must be cleared of all debris and junk items including broken glass,
construction materials, and any miscellaneous items found on the property. The
debris must be disposed of at an approved solid waste disposal site, in accordance
with all applicable by -laws and regulations. Documented proof, that clearly
demonstrates an approved solid waste disposal site was used for the disposal of
debris, must be provided to the Department. The premise must comply with all
applicable by -laws, acts, codes and regulations.
Option 2: Demolition of the building and cleanup of all debris on the premise by
complying with all the remedial actibns as follows:
1. The building must be demolished to remove the hazard to the safety of the public
by reason of being vacant and unoccupied, and by reason of dilapidation and
unsoundness of structural strength.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law, By -law Number C,P, 101, and
amendments thereto
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site., and in
accordance with all applicable by -laws, acts and regulations. Documented proof,
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department.
4, All debris that is currently on the premise must be cleared and disposed of at an
approved solid waste disposal site, and in accordance with all applicable by -laws,
acts and regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
5. The property must comply with all applicable by -laws, acts, and regulations.
136
Prepared by:
Stewart Handrahan, PTT Date
Standards Officer
Buildings and Inspection Services Department
Reviewed by:
Pamela Bentley, P. Eng. Date
'Technical Services Engine
Buildings and Inspection S ices Department
137
NOTICE OF APPEAL
FORM 1
(Municipalities Ad, R.S.N.8.1973,
c. M -22, s.190.021(1))
File No.:
BETWEEN:
Appellant(s),
-and-
THE CITY OF SAINT JOHN,
Respondent.
Parcel Identifier : PID #
Parcel Address:
Owner(s) or Occupier(s):
Name:
Address:
Telephone:
Name:
Address:
Telephone:
AVIS b'APPEL
FORMULE 1
(Loi sur ks municipalM, L.R.N. -B. de 1973,
ch. M -22, par. 190.021(1))
N° du dossier:
ENTRE:
Appelant(s),
. et-
THE CITY OF SAINT JOHN,
intimde.
Numdro d'identification de la parcelle : # NID
Adresse de la parcelle :
Propridtaire(s) ou occupant(s)
Nom:
Adresse
Uldphone:
Nom:
Adresse:
Telephone:
138
-2-
The above named appellant(s) is (are) not satisfied
with the terms and conditions set out in the notice
that has been given under section 190.011 of the
Municipalities Act and appeals. to the Saint John
Substandard Properties Appeal Committee.
The appellant's grounds for this appeal are as follows
(set out the grounds clearly but briefly):
L'appelant(s) susnomm6(s) n'accepte(nt) pas les
modalit6s ou les conditions qui y sont 6nonc6s daps
1'avis qui a 6t6 notifi6 aux termes de Particle 190.011 de
la Loi sur les municipalitds et fait appel au Comitd
d'appel des propridtds irlfdrieures aux normes de Saint
John.
Les motifs d'appel de 1'appeiant(s) dans le pr6sent appel
sont les suivants (inoncer les motifs de fafon claire et
concise) :
Dated at the day of Fait
.2011.
Signature of owner or occupier
2011.
Signature du propridtaire ou Poccupant
le
The appellant(s) intends to proceed in the English L'appeiant(s) a (ont) Fintention d'utiliser la langue
or French language (Please check the appropriate frangaise ou anglaise (Veuillez cocker la case
box). appropride).
Please forward your Notice of Appeal by registered
mail to the clerk of The City of Saint John within
fourteen (14) days after having been given the notice
at the following address:
Common Clerk's Office
15 Market Square, City Hall Building, 8v` Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: 506 -658 -2862
Telecopier: 506 -674 -4214
Notes:
1. A notice that is not appealed within fourteen (14)
days after having been given the notice shall be
deemed to be confirmed.
[reuillez faire parvenir votre Avis d'appel par courrier
recommandd au secrdtaire de The City of Saint John
daps les quatorze (74) jours qui suivent la notification
de Pavis 4 l 'adresse suivante :
Bureau du greffier communal
15 Market Square, edifice de i'hbtel de ville, 8` 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T614-phone: 506- 658 -2862
Tdldcopieur: 506- 674 -4214
Notes :
1. Un avis dont it West pas inter et6 appel dans les
quatorze (14) )ours qui suivent la notification de 1'avis
est rdputde confirm6.
139
-3-
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the notice or extend the time for complying
with the notice.
4. The Saint John Substandard Properties Appeal
Committee shall provide a copy of its decision to the
owner(s) or occupier(s) of the premises, building or
structure who brought the appeal within fourteen
(14) days after making its decision.
5. The owner(s) or occupiers) provided with a copy
of a decision horn the Saint John Substandard
Properties Appeal Committee may appeal the
decision to a judge of The Court of Queen's Bench of
New Brunswick within fourteen (14) days after the
copy of the decision was provided to the owner(s) or
occupier(s) on the grounds that (a) the procedure
required to be followed by the Municipalities Act was
not followed, or (b) the decision is patently
unreasonable.
2. Lors d'un appel, to Comitd d'appel des proprldtds
Infdrieures aux normes de Saint John doit tenir, sur le
point on litige, une audience au cours de laquelle le(s)
propribtaire(s) ou 1'occupant(s) qui intedette(nt) appel a
(out) le droit d'etre entendu(s) et peut(vent) se faire
reprdsenter par un avocat.
3. Lots dun appel, le Comitd d'appel des propridtds
infdrieures aux normes de Saint John peut confirmer,
modifier ou annuler 1'avis ou proroger to ddlai pour s'y
conformer.
4. Le Comitd d'appel des proprldtds infdrieures aux
normes de Saint John doit fournir une copie de sa
ddcision au(x) propridtaire(s) ou A 1'occupant(s) des
lieux, du bitiment ou de la construction qui lui a(ont)
interetd appel dans lea quatorze (14) fours suivant la
date b laquelle it a rendu sa ddcision.
S. Le(s) propridtaire(s) ou Poccupant(s) i qui une copie
d'une ddcision a dtd fournie par le Comitd d'appel des
proprldtds infdrieures aux normes de Saint John
peut(vent), dans lea quatorze (14) fours qui suivent,
integeter appel de la ddcision devant un juge de la Cour
du Banc de la Reine du Nouveau - Brunswick au motif
quo (a) la ddmarche it suivre on vertu de la Loi sur les
municipalitds n'a pas dtd suivie, ou (b) la ddcision est
manifestement ddraisonnable.
140
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
(;0"e 4 SAINT JOHN, N.B. (PID number 5337/ )
AFFIDAVIT OF SERVICE
I, D(DAI 1_0 ��y(v /t Ite , of Saint John, N.B., Make Oath And Say As Follows:
1. I am employed by The City of Saint John in its Buildings and Inspection Services
Department. I have personal knowledge of the matters herein deposed except where
otherwise stated.
2. On Jib y
copy of the attac ed
the attached e,& Cx
the building that is located at
Sworn To before me at the
City of Saint John, N.B.,
on a day of
2011
L fi
Pamela Bentley
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 318T, 2013
I posted a
hibit "A" and a copy of
t `B" to the front door of
Saint John, N.B.
141
M H sENoA�s
pAME�•tpNERpf tR�
COMMtM 9s1�� 2�p13
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B.1973,
c.M -22, 9.190.01(3))
Parcel Identifier: 53371
This_ Exhibit j(�avi of
Referre o I
d n a �+1�1"
Sworn before me at the Icih+ of
Saint Jphn, Now
t1 g, da of
- albs
AVt§'IiE CONFORMIfii✓
(Loi sur les municipalitbs, LKN.-B. de 1973,
ch. M -22, par. 190.01(3))
Numdro d'identification de la parcelle : 53371
Address: 1355 Golden Grove Road, Saint John, Adresse : 1355, chemin Golden Grove, Saint
New Brunswick John, Nouveau - Brunswick
Owner(a) or Occupier(,):
Name: Horgan, Mildred B. Estate
Address: P.O. Box 25232, Colorado Springs,
Colorado, United States, 80936
Propri6taire(s) on occupant(s) :
Nom: Horgan, Mildred B. Biens
Adreme : Case postale 25232, Colorado Springs,
Colorado, $tats -Unix, 80936
Municipality issuing notice: The City of Saint John Municipalit6 signiflant Mavis: The City of Saint
John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings By -Law, By -law Number M-
30 and amendments thereto (the "By- law ").
Arret¢ enfreint : Arrdtd concernant les bdtiments
inesthdtiques ou dangereux de The City of Saint John,
Aer6t6 num6ro M -30, ainsi quo ses modifications ci-
aff6rentes (l' « Arret6 > ).
)Provision(s) contravened: Paragraphs 190.01(1)(a), Disposition(s) enfreinte(s) : Les paragraphes
190.01(1)(d), 190.01(1.1) and 190.01(2) of the 190.01(1)(a), 190.01(1)(a), 190.01(1.1) et 190.01(2)
Munlcipalides Act, and amendments thereto. de la Loi sup les municipatitds, ainsi que les
modifications aMrentes.
Description of coaditfon(s): The premises are unsightly
by permitting rubbish and a dilapidated building to
remain on the premises. The building has become a
hazard to the safety of the public by reason of being
vacant or unoccupied, and, has become a hazard to the
safety of the public by reason of dilapidation and
unsoundness of structural strength. The conditions of the
building and premises are described in Schedule "A ", a
true copy of the inspection report dated November 1,
2011 prepared by Stewart Handrahan, By -law
Enforcement Officer and reviewed by Pamela Bentley,
P.Eng. By -law Enforcement Officer.
Remedy or remedies required: The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building and premises into compliance
with the aforesaid By -law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
address the hazard to the safety of the public.
Description de la (des) conditions) : Les lieux sont
inesthdtique on permettant la pr6sence de d6tritus et
du fait de la pr6sence d'un Wiment d6labr6, Le
blitiment est devenu dangereux pour la sbcurit6 du
public du fait de son inhabitation ou de son
inoccupation et, est devenu dangereux pour la s&urit6
du public du fait de son d6labrement et de son manque
de solidM. Les conditions du bdtiment et des lieux
sont d6crites 6 l'annexe « A », une copie conforme du
rapport d'inspection en date du 1 novembre, 2011 et
prdparb par Stewart Handrahan, un agent eharg6 de
1'ex6cution des =Ws municipaux et .rdvis6 par
Pamela Bentley, ing., une agente charg6e de
1'exdcution des arr8tbs municipaux.
Mesure(s) ii prendre : La propri6taire doit restaurer
les conditions en se conformant aux recommandations
du rapport d'inspection susmentionn6 et d'amener to
b@timent et les lieux en conformitbs avec I'Arr8td.
Dans I'6ventualit6 quo la propridtaire ne remddient pas
le bdtiment et les lieux dans to temps prescrit par le
pr6sent avis de conformit6, to b@timent pourront &re
dbmolis comme mesure corrective compte tenu qu'il
repr6sente un danger pour la s6ourM du public et les
lieux pourront We nettoybs.
Dans ('bventualitd de d6molition, tous les d6bris et
autres items sur los lieux seront disposbs comma
mesure corrective dans to but de rem6dier to danger
pour la s6curit6 du public.
The aforementioned remedial actions relating to the Les mesures corroctives susmentionndes relativement
demolition of the building and the disposal of debris and A la dbmolition du bitiment et la disposition des d6bris
items on the premises do not include the carry-out clean- et autres items sur les lieux no comprennent pas le
142
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date by which the remedy or remedies must occur: i
a) The demolition of the building, clean -up of the
property and related remedies must be complete,
or plans and permit applications for repair
related remedies, must be submitted: within 60
days of being served with the Notice to Comply.
b) The repair related remedies must be complete:
within 120 days of being served with the Notice
to Comply.
nettoyage, la remise on 6tat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
dans le but de contr8ler ou de r6duire, d'6liminer le
d6versement, do modifier le mode de d6versement ou
le d6versement d'un polluant dans ou sur
l'environnement ou toute partie de Penvironnement.
Date A logaelle In on lea mesures doivent titre
prisesi :
a) La d6molklon du batiment et le nettoyage des
lieux doivent titre compldt66s, ou i laquelle
les plans et demande de permis pour les
mesures des reparations, doivent titre
soumises, dans les 60 joursqui suivent la
signification do Pavis de conformit6.
b) Les reparations reli6es aux mesures doivent
titre compl6t6es dans les 120 jours qui suivent
la signification do Favis do conformit6.
Date by which notice may be appealed: Within 14 Date A laquelle un appel de t'avis peat 8tre depose:
days of being served with the Notice to Comply. Dans les 14 jours qui suivent la notification do t'avis
de conformit6.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8s' Floor, 15
Market Square, Saint John, Now Brunswick, E2L 4L1.
Potential penalty for non - compliance within
specified time:2 Paragraph 190.03(1) of the
Municipalities Act states that a person who fails to
comply with the terms of the Notice to Comply given
under Section 190.011 of the said Act, commits an
offence that is punishable under Part 11 of the Provincial
Offences Procedure Act as a category F offence.
Where an offence under paragraph 190.03(l) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:3 Subparagraphs 190.04(1)(a), 190,04(l)(al)
and 190.04(1)(6) of the Municipalities Act states that if
a Notice to Comply has been given under section
190.011 of the said Act and that an owner or occupier
does not comply with the Notice to Comply, as deemed
confirmed or as confirmed or modified by a committee
of council or a judge under section 190.021 of the said
Act, within the time set out in the Notice to Comply, the
municipality may, cause the premises of that owner or
occupier to be cleaned up or repaired, or cause the
building of that owner or occupier to be repaired or
demolished, and the cost of carrying out such work,
including any related charge or fee, is chargeable to the
owner or occupier and becomes a debt due to the
municipality.
Processus d'appel : La propri6taire peux dans les 14
joursqui suivent la notification de 1'avis de
conformitd, onvoye un avis d'appel par courrier
recommand6 A la grel'fibre communale de la
municipalit6, A The City of Saint John, L`difice de
I'h6tel de villa, 8° 6tage, 15 Market Square, Saint
John, Nouveau- Brunswick, E2L 4L1.
P6nalit6 possible pour non- conformiti daas le d6lal
prescrit2 : Le paragraphe 190.03(1) de la Loi sur les
mnicipaliNs privoit quieonque omet de se conformer
aux exigences formuldes dens un avis de conformit6
notifi6 aux termes do Particle 190.011 de ladite loi,
commet une infraction qui est punishable on vertu do
la Partie 11 de la Loi sur la procedure applicable aux
Infractions provinciales i titre d'infraction de la classe
F.
Lorsqu'une infraction prdvue au paragraphe 190.03(l)
se poursuit pendant plus dune joum6e, Famende
minimale qui pout 8tre imposee est I'amende
minimale prdvue par la Loi sur la procddure
applicable aux infractions provinciales pour uno
infraction de la classe F multipli6e par le nombro do
jours pendant lesquels l'infraction se poursuit
conform6ment A 1'alinda 190.03(1.2)(b)(i).
Pouvoir de In municipalite d'entrepreadre Its
reparations ou de prendre les meSUres3 :
Conform6ment aux alinias 190.04(lxa),
190,04(l)(a.1) et 190,04(l)(b) do la Loi sur les
municlpalitds, si un avis do conformit6 a 6t6 signifi6
aux tomes do Particle 190,011 de ladite loi et, que Ie
propri6taire ou l'occupant ne se conforme pas A cet
avis de conformit6 dans le d6lai imparti et tel qu'il est
r6put6 confitm6 ou tel qu'il est confinn6 ou modifi6
par un comit6 du Conseil ou par un juge on vertu de
Particle 190.021 de ladite loi, la municipalit6 pout
faire nettoyer ou riparer les lioux do ce propri6taim ou
de cat occupant ou de faire r6parer ou d6molir la
propridt6 de cc propri6taire ou de cot occupant, et les
fi'ais relatifs A 1'ox&ution de ces travaux, y compris
toute redevance ou tout droit aff6rent, soot A la charge
143
!
Dated at Saint John the day of November, 2011.
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact Information:
Name: Stewart Handrahan
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, 10'b Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email: stewar handrahanO
Seal of municipality
Notes:
1. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
du propri6taire ou de Foecupant et deviennent une
er6ance de la municipalit6.
Fait d Saint John le novembre, 2011.
Munieipalit6 : The City of Saint John
Signature du reprdsentant municipal:
Coordonn6es du repr6sentant municipal:
Nom : Stewart Handrahan
Adresse postale:
Ddpartement aux services Tinspection et des
bitiments
The City of Saint,John
15 Market Square
$difice de Fh8tel de ville, 101 dtage
Case postale 1971
Saint John (Nouveau- Brunswick)
E21, 4L1
T416phone : (506) 658 -2911
T616copleur : (506) 632 -6199
Courriel: stewart.handrahan @saint ohn.ca
Sceau de la municipalitd
Notes :
1. Tous les permis prescrits doivent We obtenus et toute In
legislation pertinente doit ftre respectee, pendant ['execution de is
mesure de recours.
2, Le paiement de I'amende n'annule pas i'obligation de respecter
Parretd, la norms: ou Pavis do conformitd.
3. Les oo0ts deviennent unc detto envers la municipalttd ct peuvent
etre ajout6s &Pavia d'dvaluation et d'impbt foncier municipal et
provincial.
144
INSPECTION REPORT
Schedule "A"
1355 Golden Grove Road
Saint John, New Brunswick
PID# 53371
Inspection Date: August 24, 2011
Inspector: Stewart Handrahan
Intiroduction
I hereby certify that on 499W
document is afire cry 0fift
orrginal, ,,i
IlNW at Saint John
this -tit day Of------
Sftnn da�ri ffl= ° ."`
An inspection of the property noted above has revealed that the only building on the
property is unsightly, vacant and unoccupied; dilapidated, and structurally unsound. The
one-storey building is of wood frame construction and has been vacant since on or before
November 19, 2007. The building is said to be vacant for many years prior to 2007, but it
cannot be confirmed exactly when it became vacant as it was not documented.
Discussion
The building and property are not in compliance with the Saint John Unsightly Premises
and Dangerous Buildings By -law, By -law Number M -30, (the `By- law").
Unsightly Premise Conditions
Paragraph 190.01(1)(a) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises any ashes,
junk, rubbish, or refuse.
There is a large heap of rubbish from the collapsed front porch that remains on the
premise that has created an unsightly condition.
Paragraph 190.01(1)(d) of the Municipalities Act states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises a
dilapidated building.
The building is unsightly due to its dilapidation. The building is dilapidated for reasons
described in the section below called "Dilapidated and Structurally Unsound".
Vacant and Unoccupied
Paragraph 190.01(1.1) of the Municipalities Act states:
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. The building has been left vacant and abandoned for an extended period of
time. A building that is in a dilapidated condition and that is left unsecured
from public entry could attract vandalism, arson, or criminal activity.
Vandalism, arson, or criminal activity could devalue properties in the area and
could pose a hazard to the safety of the public in the surrounding area.
2. The building is not secure from public entry and has not been secured in the
past. If members of the public were to enter the building it could pose a hazard
145
to their safety since the building is hazardous, especially near the front porch
area where the porch has collapsed and the rubbish remains on the premise.
In its current state, the building is not suitable for human habitation and does not meet the
requirements for minimum standards governing the condition, occupancy and
maintenance of residential property as described in the Saint John Minimum Property
Standards By -law, By -law Number M -14 (the "Minimum Property Standards By -law")
and/or the Residential Properties Maintenance and Occupancy Code Approved
Regulation — Municipalities Act, New Brunswick Regulation 84 -86, under the
Municipalities Act (the "Code "). It therefore could not be occupied without extensive
and potentially costly repair.
Dilapidated and Structurally Unsound
Paragraph 190.01(2) of the Municipalities Act states
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength
The building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1, 'There is broken glass in many of the windows and on the ground new the
building. The broken glass poses a hazard to the safety of the public because it
could cause personal injury.
2. With many of the windows being left open for an extended period of time, the
elements such as wind, snow, and rain have been allowed to infiltrate the
interior of the building causing deterioration to progress at an accelerated rate.
3. Exterior cladding is deteriorated and paint is peeling and therefore the
cladding is not properly protected from the elements.
4. The sills on both sides and the front of the building are rotted due to excessive
exposure to the elements.
5. The roof is in very poor condition and as such the interior of the building is
not properly protected from the elements.
The building is a hazard to the safety of the public by reason of structural unsoundness
for the following reasons:
1. The front porch that was attached to the building has collapsed. Since its
collapse it no longer sufficiently supports the roof above it, and if it were to
finther collapse the roof could fail and cause personal injury to anyone within
the vicinity of the porch. For this reason, the entire front porch area poses a
hazard to the safety of the public.
2. The roof is visibly deflecting inward at its mid -span thus indicating either
improper structural support of the roof system or settlement of the foundation
and structure which supports the roof.
2
146
Required Remedial Actions:
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the building and premise through all repair and
remedial actions as follows:
1. The building must be completely repaired so it may become occupied while
maintaining minimum standards as described by the Minimum Property Standards
By -law and the Code.
2. A detailed plan must be submitted to the Buildings and Inspection Services
Department of the City of Saint John (the "Department") for review and approval.
This plan should include a complete engineering report regarding the structural
soundness of the building and any necessary repairs. This plan should also include
a schedule for the work that is to be carried out. The repaired building must meet
the National Building Code of Canada (2005) and any other applicable codes.
3. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing repair work.
4. A building permit must be obtained for any and all applicable work prior to
commencing said work from the City of Saint John in order to comply with the
Saint John Building By -law, By -law Number C.P. 101 and amendments thereto.
5. The premise must be cleared of all debris and junk items including broken glass,
construction materials, and any miscellaneous items found on the property. The
debris must be disposed of at an approved solid waste disposal site, in accordance
with all applicable by -laws and regulations, Documented proof, that clearly
demonstrates an approved solid waste disposal site was used for the disposal of
debris, must be provided to the Department. The premise must comply with all
applicable by -laws, acts, codes and regulations.
Option 2: Demolition of the building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The building must be demolished to remove the hazard to the safety of the public
by reason of being vacant and unoccupied, and by reason of dilapidation and
unsoundness of structural strength.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Saint John Building By -law, By -law Number C.P. 101, and
amendments thereto
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed of at an approved solid waste disposal site, and in
accordance with all applicable by -laws, acts and regulations. Documented proofs
that clearly demonstrates an approved, solid waste disposal site was used for the
disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be cleared and disposed of at an
approved solid waste disposal site, and in accordance with all applicable by -laws,
acts and regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
5. The property must comply with all applicable by -laws, acts, and regulations
147
Prepared by:
Stewart Handrahan, EIT Date
Standards Officer
Buildings and Inspection Services Department
Reviewed by:
L'L 4tom + �2plI
Pamela Bentley, P. Eng. Date - -'
Technical Services Enginee
Buildings and Inspection S ices Department
m
This is Exhibit %N B n
Referred to In &e Affidavit o
mvid s l� .
Swom before me at the City of
NOTICE OF APPEALSain ohn, New awl c AVIS D'APPEL
FORM 1 d oftt i �Qf% FORMULE 1
111A I If
(Munieipa[itievAct, R.S.N.B. o►nmisslone of Oatha unicliffsipa, L.R.N. -B. de 1973,
c. M -22, s.190.021.(1)) h. M -22, par. 190.021(1))
File No.: N° du dossier :
BETWEEN: ENTRE : PPMM pNgpcP3 ES
w
;Ole
Appellant(s),
-and-
THE CITY OF SAINT JOHN,
Respondent.
Parcel Identifier: PID #
Parcel Address:
Owner(s) or Occupier(s):
Name:
Address:
Telephone:
Name:
Address:
Telephone:
Appelant(s),
-et-
THE CITY OF SAINT JOHN,
Intim6e.
Num6ro d'identification de la parcelle : # NID
Adresse de la parcelle :
Propri6taire(s) ou oecupant(s)
Nom:
Adresse :
T616phone:
Nom:
Adresse :
T616phone:
149
-2-
The above named appellant(s) is (are) not satisfied
with the terms and conditions set out in the notice
that has been given under section 190.011 of the
Municipalities Act and appeals to the Saint John
Substandard Properties Appeal Committee.
The appellant's grounds for this appeal are as follows
(set out the grounds clearly but briefly):
L'appelant(s) susnomm6(s) n'accepte(nt) pas les
modalitds ou les conditions qui y sont dnoncds dans
I'avis qui a dtd notifi6 aux termes de Particle 190.011 de
la Loi sur les municipalitds et fait appeI au Comitd
d'appel des propridtds infdrieures aux normes de Saint
John.
Les motifs d'appel de 11appelant(s) dans le pr6sent appel
sont les suivants (dnoncer les motifs de faFon claire et
concise) :
Dated at the day of Fait
.2011.
Signature of owner or occupier
2011.
Signature du propridtaire ou l'occupant
le
The appellants) intends to proceed in the English L'appelant(s) a (ont) 1'intention d'utiliser la langue
or French language (Please check the appropriate frangaise ou anglaise (Feuillez cocker la case
box). appropride).
Please forward your Notice of Appeal by registered
mail to the clerk of The City of Saint John within
fourteen (14) days after having been given the notice
at the following address:
Common Clerk's Office
15 Market Square, City Hall Building, 8h Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L
Telephone: 506-658-2862
Telecopier: 506- 674 -4214
Notes:
1. A notice that is not appealed within fourteen (14)
days after having been given the notice shall be
deemed to be confirmed.
Veuillez faire parvenir votre Avis d'appel par courrier
recommandd au secrdtaire de The City of Saint John
dans les quatorze (14) jours qui suivent la notfcation
de Pavis a 1'adresse suivante :
Bureau du greffier communal
15 Market Square, Edifice de I'h6tel de ville, 8° dtage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L I
T616phone: 506- 658 -2862
T616copieur: 506- 674 -4214
Notes :
1. Un avis dont it West pas intedet6 appel dans les
quatorze (14) jours qui suivent la notification de Favis
est r6putde confirm6.
150
-3-
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the notice or extend the time for complying
with the notice.
4. The Saint John Substandard Properties Appeal
Committee shall provide a copy of its decision to the
owner(s) or occupier(s) of the premises, building or
structure who brought the appeal within fourteen
(14) days after making its decision
5. The owner(s) or occupier(s) provided with a copy
of a decision from the Saint John Substandard
Properties Appeal Committee may appeal the
decision to a judge of The Court of Queen's Bench of
New Brunswick within fourteen (14) days after the
copy of the decision was provided to the owner(s) or
occupier(s) on the grounds that (a) the procedure
required to be followed by the Municipalities Act was
not followed, or (b) the decision is patently
unreasonable.
2. Lors d'un appel, le Comitd d'appel des propridtds
infdrieures aux normes de Saint John doit tenir, sur le
point en litige, une audience au cours de laquelle le(s)
propridtaire(s) ou 1'occupant(s) qui interjette(nt) appel a
(ont) le droit d'etre entendu(s) et peut(vent) se faire
reprdsenter par un avocat.
3. Lors d'un appel, le Comitd d'appel des propHitds
infdrieures aux normes de Saint John peut confirmer,
modifier ou annuler 1'avis ou proroger le ddlai pour s'y
conformer.
4. Le Comitd d'appel des propridtds infdrieures aux
normes de Saint John doit foumir une copie de sa
ddcision au(x) propridtaire(s) ou it l'occupant(s) des
lieux, du b£timent ou de la construction qui lui a(ont)
interjetd appel dans les quatorze (14) jours suivant la
date A laquelle it a rendu sa ddcision.
5. Le(s) propridtaire(s) ou Voccupant(s) A qui une copic
d'une ddcision a dtd fournie par le Comitd d'appel des
propridtis tnfdrieures aux normes de Saint John
peut(vent), dans les quatorze (14) jours qui suivent,
interjeter appel de la ddcision devant un juge de la Cour
du Banc de la Reine du Nouveau - Brunswick au motif
que (a) la ddmarche A suivre en vertu de la Lai sur les
municipalitds n'a pas dtd suivie, ou (b) la ddcision est
manifestement ddraisonnable.
151
r!;1. Photos of 1355 Golden
14V Grove Road (PID 53371)
SAINT JOHN
Date of Photos: April 1, 2011
August 24, 2011
February 6, 2012
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ON I
REPORT TO COMMON COUNCIL,
M &C2012 -23
February 10, 2012
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Saint John Water — 2011 Annual Wastewater Report
BACKGROUND:
The City of Saint john
Municipalities in New Brunswick operate wastewater treatment facilities and collection systems
under conditions set out in Certificates of Approval to Operate (COA). Developed by the
Department of Environment (DOE), these formal approvals establish standards for wastewater
treatment facilities, collection systems (which include pumping stations) and operator training
and certification requirements that are designed to protect public health and the environment.
Saint John Water provides the public with a wastewater service that includes collection,
treatment and disposal. It operates under the following COA:
S -1313, Lancaster Wastewater Treatment Plant
TBD, Eastern Wastewater Treatment Facility — Activated Sludge
y S -1708, Marsh Creek — Activated Sludge
S -1538, Miilidgeville — Activated Sludge
S -1707, Morna Heights — Trickling Filter
S -1705, Greenwood— Trickling Filter
Each certificate represents formal authorization to the Approval Holder by the Minister of
Environment to operate wastewater works. Each directs that:
The Approval Holder shall operate the wastewater works in compliance with the
Water Quality Regulation 82 -126 filed under the Clean Environment Act of the
Province of New Brunswick. Violation of this Approval or any term and / or
condition herein constitutes a violation of the Clean Environment Act.
158
M &C2012 -23
February 10, 2012
Page 2
The COA also directs that all municipal wastewater works are required to abide by the Federal
Fisheries Act F -14 and the Canadian Environmental Protection Act, 1999. As well, the City of
Saint John is responsible for submitting data to the National Pollutant Release Inventory (NPR1).
In 2009, the Canada -wide Strategy for the Management of Municipal Wastewater Effluent
(Strategy) was endorsed by the Canadian Council of Ministers of the Environment (CCME).
The Strategy provides clarity to municipal wastewater facility owners in managing wastewater in
a framework that protects human health and the environment. On March 20th, 2010, proposed
regulations under the Fisheries Act were published in the Canada Gazette that reflected the
recommendations laid out in the CCME Strategy.
Among other things, these proposed regulations would establish new National Performance
Standards (NPS) for wastewater effluent quality. These standards are reflected in the City's
current Approvals to Operate.
Saint John Water fully endorses these standards and the philosophy that the treating and
disposing of municipal wastewater merits strict regulation. After all, an effective wastewater
management service helps protect the public from waterborne disease, protects the natural
environment including aquatic and wildlife and preserves water sources for safe recreational use.
Protective Barriers
Treatment of wastewater is essential for the protection of public health and the receiving waters
for aquatic life and recreational use. It is understood however that wastewater is vulnerable to
contamination from many potential threats. Management of Saint John Water is based on a
system of protective barriers to ensure that the quality of wastewater prior to release to the
environment meets or exceeds all limits listed in the COA.
Source Wastewater. Wastewater treatment facilities are designed to treat
residential waste and not industrial waste. Source identification and enforcement
is the key to reducing industrial contaminants in the wastewater flowing into the
treatment facilities,
Treatment: Employing the appropriate method of treatment with sufficient
capacity to efficiently process expected wastewater flows,
Operations & Maintenance: Staffing levels, operator education and
certification, communications, management structure and practices, proactive
maintenance,
> Monitoring & Alarms: Sampling plan, SCADA system alarms, lab testing,
record keeping, reporting and
Emergency Response: Plans for natural disasters, emergency contingency plans
for wastewater treatment and pumping, safety training, emergency power
systems.
159
M &C2012 --23
February 10, 2012
Page 3
Annual Report
The COA requires an Annual Report to be submitted as is the case for the Drinking Water
Service. This report provides the DOE with pertinent technical and operating information
relating to the collection and treatment of wastewater such as:
Analytical results (wastewater sampling, analysis and compliance),
Operational events (including untreated wastewater discharges to the environment),
Operator information (training, certifications and staffing changes), and
Records of sludge disposal.
Saint John Water voluntarily provides additional information in the Annual Report, including the
following:
National Pollutant Release Inventory,
y Water and Sewerage Bylaw (status and updates),
Water and Sewerage Bylaw violations (when they occur),
CALA Certification — Saint John Water Environmental Laboratory,
Capital wastewater system improvements,
Human Resources,
Public information, and
Commitment.
The Annual Report is also in keeping with one of the seven commitments of the Corporate
Strategic Plan — Demonstrating Accountability.
ANALYSIS
The Annual Wastewater Report, with all its attachments and documents, consists of over a
hundred pages of facts and data. Rather than table such a voluminous document with Common
Council, just the main body of the Annual Wastewater Report is attached hereto, with its various
sections summarized herein. A full copy of the Report with all appendices is on file with the
Common Clerk.
160
M &C2012 -23
February 10, 2012
Page 4
Introduction
Saint John Water is responsible for the delivery of water and wastewater services on behalf of
the City of Saint John. The Annual Report is intended to provide the DOE (system regulator)
with pertinent information relating to the delivery of the municipal wastewater service.
Analytical Results
Over the course of 2011, the City analyzed over 9,000 wastewater samples from 6 wastewater
treatment facilities. Samples are obtained from the influent entering the facilities, the effluent
leaving the treatment facilities and at various strategic locations within the process. The New
Brunswick Department of Environment's certificates of Approval to Operate outline the analysis
requirements. Saint John Water consistently exceeds the sampling requirements of the Approval
to Operate, close monitoring enables better control over the efficiency of treatment facility
operations.
Other testing requirements such as NPRI, toxicity and biosolids metals samples are analyzed by
contracted laboratories.
Toxicity
Since the effluent toxicity results in 2010 were good, there was no requirement to perform
toxicity analysis of the WWTF effluent in 2011. Testing will resume in 2012 for the two WWTF
categorized as Large, namely Lancaster WWTF and the Eastern WWTF. Testing for
Millidgeville WWTF, categorized as Medium, will resume in 2013. Samples will be sent to
Buchanan Environmental Ltd on a quarterly basis.
National Pollutant Release Inventory (NPRI)
For eight years now, Saint John Water has been reporting to the NPRI due to meeting a number
of "triggers" identified in their reporting guidelines. There are 4 wastewater treatment facilities
and a number of outfalls that trigger reporting for some parameters. These parameters are as
follows;
Millidgeville WWTF
a Nitrate ion in solution at pH greater than or equal to 6.0
• Total ammonia
Hazen Creek WWTF /Eastern WWTF
• Nitrate ion in solution at pH greater than or equal to 6.0
161
M &C2012 -23
February 10, 2012
Page 5
Lancaster Lagoon WWTF
a Total ammonia
a Lead (and its components)
Marsh Creek WWTF
Outfalls
Nitrate ion in solution at pH greater than or equal to 6.0
a Total ammonia
These parameters would have an effect on the toxicity of effluent but they are not at levels high
enough to make the effluent `acutely or chronically toxic'. The calculation is based on the
effluent flow rate and the concentration of the parameter in the effluent.
Water and Sewerage Bylaw
The current Water and Sewerage By -law was passed in 1967 with minor updates since then. The
Canada -Wide Strategy for the Management of Municipal Wastewater Effluent has included a
Model Sewer Use By -law that Saint John Water has adopted and modified to suit our unique
municipal profile. The new by -law is nearing completion in a draft form and is expected to be
recommended for adoption by Common Council in 2012. This document contains more
definitions and places more responsibility and obligations on industrial and business sources.
CALA Certification — Saint John Water Environmental LaboratoKy
The Saint John Water Environmental Laboratory became a member of the Canadian Association
for Environmental Analytical Laboratories (CAEAL) in 2006. The lab completed proficiency
testing in March of 2006 and received a Certificate of Laboratory Proficiency for analyzing
water and wastewater samples for conductivity, fluoride, Total Suspended Solids (TSS),
Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. Proficiency testing is
completed twice per year in March and October.
In March 2007, the Laboratory became proficient for additional wastewater parameters including
nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand
(COD) and fecal coli forms.
In March 2008, the Laboratory became proficient for CBOD. This is an important parameter
since it is one of the standards listed in the new CCME Strategy.
162
M &C2012 -23
February 10, 2012
Page b
On October 1, 2008, the Canadian Association of Environmental Analytical Laboratories
announced that it had transitioned to a new body that is referred to as the Canadian Association
for Laboratory Accreditation Inc. (GALA) and forwarded a new Certificate of Laboratory
Proficiency.
The CCME Strategy states that "all sample analysis ...will be completed by an accredited
laboratory". In order to achieve accreditation, the Saint John Water Environmental Laboratory is
making preparations for a CALA assessment. This is planned for 2012.
Capital Wastewater System Improvements
Capital improvements were made in two key areas during 2011:
1. Harbour Clean -Up, and
2. Upgrades to existing facilities.
1. Harbour Clean -Up
The Harbour Clean-Up program is an initiative to eliminate the discharge of raw wastewater
into local receiving bodies of water (particularly Saint John Harbour). The key component is
the Eastern WWTF, a conventional activated sludge treatment facility designed to treat an
average of 35,000 cubic metres of wastewater per day, with a peak capacity of 80,000 cubic
metres per day.
Servicing an area spanning from Douglas Avenue to the Lakewood subdivision in the east,
the facility has been designed to achieve secondary treatment, delivering effluent that meets
or exceeds effluent objectives as set out in the Canada -Wide Strategy for Management of
Municipal Wastewater Effluent.
In addition to the Eastern WWTF, 22 wastewater lift stations will (in various stages of
design, construction or operation) intercept existing gravity sewer lines and direct wastewater
to either existing treatment facilities or the new Eastern WWTF.
Construction of the Eastern WWTF was completed in August 2011. The facility has been
delivering high quality effluent that exceeds
Canada -Wide Strategy for Management of Municipal Wastewater Effluent and provincial
objectives since opening.
163
M &C2012 -23
February 10, 2012
Page 7
Three lift stations were built in 2011:
Lift Station #2, located on Bayside Drive, was completed in April 2011. When activated in
2012, this station will direct flows collected from the Bayside Power area to the Eastern
WWTF.
Spar Cove Lift Station was completed in December 2011. Once two feeder lift stations are
constructed in 2012, this station will direct flows from the area including Kennedy Street,
Main Street and Shamrock Park to the Millidgeville WWTF.
The Fallsview Drive Lift Station ( #30) was also completed in December 2011. This takes
flows from Riverview Avenue and Fallsview Drive and directs them to the Lancaster
WWTF.
An additional lift station at Hitachi Crescent, off the Gault Road, was built by a developer
and turned over to the City in 2011. This will collect flows from a new development and
direct them to Lancaster WWTF via the Monte Cristo Lift Station.
Three more lift stations, #10 at Harbour Station, #4 near Egbert Street and #8 on Crown
Street, are currently under construction. All lift stations in the Harbour Clean -Up project will
be completed in 2012.
2. Upgrades to existing facilities
A complete pump and piping replacement was carried out at the Rothesay Avenue WWPS.
The objective was to replace the two existing pumps with three new dry -pit submersible
pumps and all new piping and valves. This work continues into 2012 due to complications
that arose with a gate valve on the influent line to the pumping station. Upon completion, all
key components of this vital lift station will have been replaced within the last five years.
A third pump was added to Simpson Drive WWPS, along with a VFD. This provides backup
capacity in keeping with the City's objective of having sufficient pumping capacity to
maintain operation with one pump out of service. Simpson Drive WWPS is another vital link
in the network transmitting flows from the eastern portions of the City to the new Eastern
WWTF.
Repairs were carried out at Marsh Creek WWTF in order to improve treatment performance
and meet the COA requirements. A number of air leaks well below the water surface affected
the system's ability to clear scum from the clarifiers. After careful consideration, a repair
method was devised that did not involve draining the tanks to access the damaged piping.
164
M &C 2012 -23
February 10, 2012
Page 8
This avoided added expense and impact on the environment when bypassing flows around
the treatment facility over a lengthy period. Since carrying out the repairs, the Marsh Creek
WWTF has consistently delivered compliant effluent quality.
In 2011, the utility share of capital funding to wastewater related categories (which consist of
sanitary infrastructure renewal and wastewater treatment) totaled $14.1 million or 84.1% of
the utility share of capital expenditures.
Operator Trainim and Certification
Saint John Water continues to make advances in the operation and maintenance of our water and
wastewater systems. Training is integral to improving operational efficiency and effectiveness.
A detailed summary of applicable training and certifications is included in the Annual Report.
Communications
During the 2011 capital construction season communication was regularly provided to citizens
by means of weekly construction updates. This information, compiled by staff in Municipal
Operations & Engineering, was shared with the public via of the City of Saint John website,
news releases carried in the local newspaper and by email to large distribution groups. The
regular updates provide citizens with information relating to the limits of work, project start date,
work to be accomplished, traffic impacts where applicable and projected end date.
The City's Corporate Communications staff provided excellent support to the Wastewater
Service throughout the year.
RECOMMENDATION:
It is recommended that Common Council receive and file this report, and authorize staff to
forward the 2011 Saint John Water — Annual Wastewater Report to the Department of
Environment on behalf of the City of Saint John (Approval Holder).
Respectfully submitted,
endall Mason, P.Eng.
Deputy Commissioner
Saint John Water
atrick Woods, CGA
City Manager
165
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.BMW
The Eastern Wastewater Treatment Facility began operations in August 2011.
2011 Annual Wastewater Report
February 2012
166
c`�ohn h%
2011 Annual Wastewater Report
Eastern Wastewater Treatment Facility began operations in August, 2011.
2011 Saint John Water - Annual Wastewater Report
INTRODUCTION
The Wastewater Service is a public service that provides for the treatment and disposal
of wastewater. Wastewater is collected within the system and transported to wastewater
treatment facilities via a system of collection pipes and wastewater pumping stations
(WWPS). Please refer to Appendix A to view the locations of all wastewater pumping
stations and wastewater treatment facilities (WWTF) that are active at this time.
Wastewater is treated and discharged into receiving waters.
An effective wastewater management practice enhances public health, safety and the
environment. More specifically, benefits of wastewater treatment include; the
protection of public health from waterborne disease, protection of the natural
environment including the aquatic and wildlife from the cumulative effects of
contaminants and the protection of water sources for recreational use.
Saint John Water provides the public with a wastewater service that includes collection,
treatment and disposal. It operates its wastewater treatment facilities and collection
systems under six Certificates of Approval to Operate (COA) Wastewater Works (a copy
of each is enclosed in Appendix B):
167
2011 Annual Wastewater Report
5 -1313, Lancaster Wastewater Treatment Plant
TBD, Eastern Wastewater Treatment Facility — Activated Sludge
5 -1708, Marsh Creek — Activated Sludge
5 -1 538, Millidgevillc — Activated Sludge
5 -1707, Morna Heights — Trickling Filter
5 -1705, Greenwood — Trickling Filter
2
These are among the approximately 120 Certificates of Approval to Operate wastewater
works issued to 93 municipalities across New Brunswick by the Minister of the
Environment. Each of the City's six certificates is valid for a 2 to 5 year period.
Each of the certificates represents formal authorization to the City of Saint John
(Approval Holder) by the Minister to operate wastewater works. Each directs that:
The Approval Holder shall operate the wastewater works in compliance
with the Water Quality Regulation 82 -126 filed under the Clean
Environment Act of the Province of New Brunswick Violation of this
Approval or any term and / or condition herein constitutes a violation of
the Clean Environment Act.
All municipal wastewater works in New Brunswick are required to abide by the various
conditions set out in the COA, the Federal Fisheries Act F -14 and the Canadian
Environmental Protection Act, 1999 — Guidelines. More specifically, limits were set for
the release of ammonia dissolved in water found in wastewater effluents and in addition
there was a Notice requiring the preparation and implementation of pollution prevention
plans for inorganic chloramines and chlorinated wastewater effluents (these regulatory
tools set standards for wastewater works and system operators that strive to enhance
public health, safety and the environment). The City of Saint John is responsible for
submission to the National Pollutant Release Inventory (NPRI), a federal program, for
any releases that meet the reporting criteria. Saint John Water fully endorses these
standards and the philosophy behind the need for strict regulation of treating and
disposing of municipal wastewater.
Protective Barriers
Treatment of wastewater is essential for the protection of public health, the receiving
waters for aquatic life and recreational use. It is understood however that wastewater is
vulnerable to contamination from many potential threats. Management of Saint John
Water is based on a system of protective barriers to ensure that the quality of wastewater
prior to release to the environment meets or exceeds all limits listed in the COA.
r Source Wastewater. Wastewater treatment facilities are designed to
treat residential waste and not industrial waste. Source identification and
enforcement is the key to reducing industrial contaminants in the
wastewater flowing into the treatment facilities,
.:
2011 Annual Wastewater Report 3
Treatment: Employing the appropriate method of treatment with
sufficient capacity to efficiently process expected wastewater flows,
> Operations & Maintenance: Staffing levels, operator education and
certification, communications, management structure and practices,
proactive maintenance,
> Monitoring & Alarms: Sampling plan, SCADA system alarms, lab
testing, record keeping, reporting and
> Emergency Response: Plans for natural disasters, emergency
contingency plans for wastewater treatment and pumping, safety
training, emergency power systems.
Annual Report
The Reporting section of each of the COA requires submission of an Annual Report to
the Department of Environment. These reports provide pertinent technical and operating
information to the regulator, including:
> the results of the testing required in the Testing and Monitoring section of this
Approval including the name of the laboratory used;
a summary of the date, location, and duration of all raw wastewater discharges,
including those that were directly caused by excessive rain or snow melt
(enclosed in Appendix C);
> a summary report of any other environmental emergencies that were reported
through the Emergency Reporting procedure described in the Approval and;
> A list identifying the Operator(s) and indicating the certification level of each
Operator(s).
Saint John Water has compiled the data, for 2011, in such a manner as to comply with the
broadest interpretation of the requirements; thus satisfying or exceeding the requirements.
ANALYTICAL RESULTS
Wastewater Sampling and Analysis
During 2011, the Saint John Water Environmental Laboratory analyzed wastewater from
six WWTF's. Samples are obtained from the influent entering the facilities, the effluent
leaving the treatment facilities and at various strategic locations within the process. The
New Brunswick Department of Environment (DOE) issues COA that outline analysis
requirements for each treatment facility. Over 9000 wastewater samples were collected
and analyzed in 2011. Saint John Water consistently collects and analyzes more samples
than are required by the COA because the additional information is vital in enabling the
operators to control the effectiveness and efficiency of their treatment facilities'
operations. All sampling results for 2011 can be seen in Appendix D.
Other testing requirements, such as; NPRI, toxicity, and biosolids metals are analyzed by
contractor laboratories. The Canadian Association for Laboratory Accreditation - CALA
(formerly CAEAL) accreditations for Saint John Laboratory Services Ltd. and Buchanan
169
t
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�• 2011 Annual Wastewater Report 4
Environmental Ltd. and the Standards Council of Canada accreditation for RPC can be
found in Appendix E. A copy of 2011 CALA Proficiency Certifications for the Saint
John Water Environmental Laboratory is enclosed in Appendix F.
Compliance
Since July 2008, the DOE has been automatically notified by e-mail of any non-
compliance. An example of a non - compliance e-mail alert is located in Appendix G.
WaterTrax, a web -based environmental data management system, was sourced and
implemented in 2008. All lab results, whether internal or those sourced from outside
laboratories, are compiled into a single database that allows for efficient review of facility
results.
Lancaster Scheme
A review of data indicates that the Lancaster WWTF operated within COA effluent limits
at all points throughout the year with the exception of a single suspended solids (SS)
average for the month of May (22.8 mg /L). It is suspected that this result stems from mild
rain combined with a brief drop in influent temperature over a three day period.
The Lancaster scheme experienced 12 bypass events for a total of 1,956 m3 wastewater
bypassed. The single largest event was a break in the forcemain between X Station and Y
Station. An air vent valve failed. This affected all stations leading to X Station as well,
including B and C. A total of 1,369 m3 bypassed during this event.
Morna Heights WWTF performed slightly outside COA limits throughout the year but
with no significant upsets. Routine cleaning and maintenance are performed in an attempt
to limit the effects of hydraulic overload and grease and solids build up.
Millidgeville Scheme
The Millidgeville WWTF operated within COA limits in all instances except for the
BOD5 reading of November (23 mg/L) and December (20.6 mg /1). These results are
linked to higher than normal influent BOD5 levels attributed to storm conditions that also
raised suspended solids considerably in the influent.
In 2012, Millidgeville WWTF is going to experience an increase in daily wastewater
flows due to the expansion of the lift station network in the Shamrock Park area. Studies
have shown that Millidgeville WWTF has ample capacity to accept the new flow while
still performing well within COA limits.
The Millidgeville scheme experienced no bypass events during 2011.
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2011 Annual Wastewater Report P 5
Marsh Creek Scheme
The Marsh Creek WWTF experienced high levels of BOD5 and TSS in January and April
through August. Since August, brief spikes in BOD5 put the monthly averages for
September and December over COA limits by a small amount. The plant was very slow
to recover from a series of disruptions. In August, a new operator modified the settings of
the plant and achieved compliance with the COA. Repairs to ongoing air leaks also
helped bring the plant's results into compliance.
The Marsh Creek scheme experienced 6 bypass events for a total of 4,588 m3 wastewater
bypassed directly to receiving water bodies. A major event that contributed 1,520 m3 to
this bypass volume was a dual pump failure at Major's Brook lift station. It appears that
an obstruction in one of the station's forcemains caused the pumps to go into under -load.
With exercise, the obstruction was shifted, allowing the pumps to return to service.
Hazen Creek Scheme
The Hazen Creek WWTF was in compliance throughout the entire year, until now of
wastewater was transferred to the EWWTF on August 17th.
The Hazen Creek scheme experienced 11 bypass events for a total of 13,290 m3
wastewater bypassed directly to area receiving bodies. 12,660 m3 of this amount was due
to an extensive wet well cleaning project at the Hickey Road lift station. This work was
done so that crews could once again access the wet well to perform bar screen cleaning.
This routine maintenance will help a great deal in preventing future pump failures.
On March 31, 2011, a letter (Appendix H) was sent to Environment Canada requesting a
time extension to permit continued use of chlorine for disinfection throughout the
remainder of the 2011 season (June I" to September 30a' each year). This was in light of
a slight delay in the transfer of wastewater flow from Hazen Creek WWTF to the new
Eastern WWTF. As it turned out, flow transferred on August 17th and this marked the last
use of chorine for disinfection.
Greenwood WWTF continued to perform outside of COA limits throughout 2011. There
is a plan to connect the area serviced by the Greenwood WWTF with the main sanitary
collection system leading to the Eastern WWTF_
Eastern Wastewater Treatment Facility
The Eastern WWTF (EWWTF) achieved COA limits immediately upon the transfer of
wastewater flow from the Hazen Creek WWTF into the new facility. It continued to
produce compliant results through December.
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2011 Annual Wastewater Report
OPERATIONAL HIGHLIGHTS
Lancaster WWTF
The Lancaster WWTF was expanded in 1990 to include an aerated lagoon of 4 cells,
separated by a system of three floating baffle curtains. The condition of these curtains can
have a direct impact on the treatment effectiveness of the lagoon. By mid -2010, it was
determined that the baffle between cells 3 and 4 was in need of replacement, having
stretched, deformed and worn to the point that it was allowing short circuiting to take
place. A contractor was hired to replace the defective baffle and install an improved
anchoring system for all the baffles so that it would be easier to adjust tension. During his
investigations, the contractor determined that all baffles were fragile and would likely not
survive the tensioning exercise. In February, 2011, the three floating baffle curtains were
all replaced.
Lancaster WWTF aerated lagoon with one of three floating baffle curtains visible in the background
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2011 Annual Wastewater Report 7
Hazen Creek WWTF
Demolition of Hazen Creek WWTF, September 2011. EWWTF visible in background.
After more than thirty years in service, the Hazen Creek WWTF was decommissioned
and demolished. On August 17`s, 2011, raw wastewater flows were diverted from the
Hazen Creek WWTF to the new EWWTF located on the same property. Over the
following couple of weeks, contents of Hazen Creek (activated sludge) were strategically
moved to the new plant to both "seed" the new plant and prepare the old plant for
demolition.
Hazen Creek WWTF was built in 1980 with a capacity of 6,820 m3 per day. An activated
sludge plant, it successfully performed secondary treatment right up until the day it
closed. During planning of the Harbour Clean -Up project, the site of Hazen Creek
WWTF was chosen as the location of a new, larger plant to service the downtown and
eastern portions of the City and portions of the North End not serviced by Millidgeville
WWTF.
Millidgeville WWTF
Jhetter erected over Mimidgeville WWTF W system, temporary side covers installed for winter.
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• 2011 Annual Wastewater Report P 8
A permanent shelter was constructed to protect the ultra violet disinfection. system
employed at the Millidgeville WWTF from inclement weather conditions. The structure
consists of a solid roof and support structure for year -round protection from rain or hail,
and the provision for temporary tarp walls to protect against blowing snow during the
winter months. Despite the UV system's ability to function while exposed to weather,
there were clear signs of degradation due to water infiltration to the various electrical
control systems. Additionally, some components were at risk of damage during snow
removal operations.
CCME CANADA -WIDE STRATEGY FOR THE MANAGEMENT OF
MUNICIPAL WASTEWATER EFFLUENT — 2011 UPDATE
The Canada -Wide Strategy for the Management of Municipal Wastewater Effluent
(Strategy) was endorsed by the Canadian Council of Ministers of the Environment
(CCME) on February 17, 2009. On March 20'', 2010, proposed regulations under the
Fisheries Act were published in the Canada Gazette that reflected the recommendations
laid out in the CCME Strategy.
The Strategy established National Performance Standards for wastewater effluent as
follows:
• Carbonaceous Biochemical Oxygen Demand (CBODS) — 25 mg/L,
• Total Suspended Solids (TSS) — 25 mg/L, and
• Total Residual Chlorine (TRC) — 0.02 mg/L.
An additional requirement that municipalities will have to meet is their Effluent
Discharge Objective (EDO), specific to each wastewater treatment facility. In order to
establish EDO, municipalities are tasked with carrying out Environmental Risk
Assessments (ERA) which will include a one year initial effluent characterization and an
assessment of the receiving environment. ERA's are to be completed within 8 years.
The City's ERA schedule is as follows:
• Eastern WWTF completed by December 31, 2013,
• Lancaster WWTF completed by December 31, 2014, and
• Millidgeville WWTF completed by December 31, 2015.
This timeline should allow the majority of Harbour Clean-Up construction to be
completed prior to testing receiving water assimilative capacity.
TOXICITY
Since the effluent toxicity results in 2010 were good, there was no requirement to
perform toxicity analysis of the WWTF effluent in 2011. Testing will resume in 2012 for
the two WWTF categorized as Large, namely Lancaster WWTF and the Eastern WWTF.
Testing for Millidgeville WWTF, categorized as Medium, will resume in 2013. Samples
will be sent to Buchanan Environmental Ltd on a quarterly basis.
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2011 Annual Wastewater Report 9
NATIONAL POLLUTANT RELEASE INVENTORY (NPRI)
For eight years now, Saint John Water has been reporting to the NPRI due to meeting a
number of "triggers" identified in their reporting guidelines (see Appendix I). There are 4
wastewater treatment facilities and a number of outfalls that trigger reporting for some
parameters. These parameters are as follows;
Millidgeville WWTF
• Nitrate ion in solution at pH greater than or equal to 6.0
• Total ammonia
Hazen Creek WWTF/Eastern WWTF
• Nitrate ion in solution at pH greater than or equal to 6.0
Lancaster Lagoon WWTF
• Total ammonia
• Lead (and its components)
Marsh Creek WWTF
Outfalls
• Nitrate ion in solution at pH greater than or equal to 6.0
• Total ammonia
These parameters would have an effect on the toxicity of effluent but they are not at
levels high enough to make the effluent `acutely or chronically toxic'. The calculation is
based on the effluent flow rate and the concentration of the parameter in the effluent.
WATER AND SEWERAGE BY -LAW
The current Water and Sewerage By -law was passed in 1967 with minor updates since
then. The CCME has included a Model Sewer Use By -law in the Strategy that Saint John
Water has adopted and modified to suit our unique municipal profile. The new by -law is
nearing completion in a draft form and is expected to be recommended for adoption by
Common Council in 2012. This document contains more definitions and places more
responsibility and obligations on industrial and business sources.
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• 2011 Annual Wastewater Report 10
CALA CERTIFICATION - SAINT JOHN WATER ENVIRONMENTAL
LABORATORY
The Saint John Water Environmental Laboratory became a member of the Canadian
Association for Environmental Analytical Laboratories (CAEAL) in 2006. The lab
completed proficiency testing in March of 2006 and received a Certificate of Laboratory
Proficiency for analyzing water and wastewater samples for conductivity, fluoride, Total
Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), turbidity, pH and
residual chlorine. Proficiency testing is completed twice per year in March and October.
In March 2007, the Laboratory became proficient for additional wastewater parameters
including nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical
Oxygen Demand (COD) and fecal coli forms.
In March 2008, the Laboratory became proficient for CBOD. This is an important
parameter since it is one of the standards listed in the new CCME Strategy.
On October 1, 2008, the Canadian Association of Environmental Analytical Laboratories
announced that it had transitioned to a new body that is referred to as the Canadian
Association for Laboratory Accreditation Inc. (CALA) and forwarded a new Certificate
of Laboratory Proficiency.
The CCME Strategy states that "all sample analysis... will be completed by an accredited
laboratory". In order to achieve accreditation, the Saint John Water Environmental
Laboratory is making preparations for a CALA assessment. This is planned for 2012.
CAPITAL WASTEWATER SYSTEM IMPROVEMENTS
Capital improvements were made in two key areas during 2011:
1. Harbour Clean-Up, and
2. Upgrades to existing facilities.
1. Harbour Clean-Up
The Harbour Clean-up program is an initiative to eliminate the discharge of raw
wastewater into local receiving bodies of water (particularly Saint John Harbour). The
key component is the Eastern WWTF, a conventional activated sludge treatment facility
designed to treat an average of 35,000 cubic metres of wastewater per day, with a peak
capacity of 80,000 cubic metres per day.
Servicing an area spanning from Douglas Avenue to the Lakewood subdivision, the
facility has been designed to achieve secondary treatment, delivering effluent that meets
or exceeds effluent objectives as set out in the Canada -Wide Strategy for Management of
Municipal Wastewater Effluent.
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2011 Annual Wastewater Report
11
In addition to the Eastern WWTF, 22 wastewater lift stations will (in various stages of
design, construction or operation) intercept existing gravity sewer lines and direct
wastewater to either existing treatment facilities or the new Eastern WWTF.
Construction of the Eastern WWTF was completed in August 2011. The facility has been
delivering high quality effluent that exceeds Canada -Wide Strategy for Management of
Municipal Wastewater Effluent and provincial objectives since opening.
Three lift stations were built in 2011:
Lift Station #2, located on Bayside Drive, was completed in April 2011. When activated
in 2012, this station will direct flows collected from the Bayside Power area to the
Eastern WWTF.
Spar Cove Lift Station was completed in December 2011. Once two feeder lift stations
are constructed in 2012, this station will direct flows from the area including Kennedy
Street, Main Street and Shamrock Park to the Millidgeville WWTF.
The Fallsview Drive Lift Station ( #30) was also completed in December 2011. This takes
flows from Riverview Avenue and Fallsview Drive and directs them to the Lancaster
WWTF.
An additional lift station at Hitachi Crescent, off the Gault Road, was built by a developer
and turned over to the City in 2011. This will collect flows from a new development and
direct them to Lancaster WWTF via the Monte Cristo Lift Station.
Three more lift stations, #10 at Harbour Station, #4 off Egbert Street and #8 on Crown
Street, are currently under construction. All lift stations in the Harbour Clean-Up project
will be completed in 2012.
2. Upgrades to existing facilities
A complete pump and piping replacement was carried out at the Rothesay Avenue
WWPS. The objective was to replace the two existing pumps with three new dry -pit
submersible pumps and all new piping and valves. This work continues into 2012 due to
complications that arose with a gate valve on the influent line to the pumping station.
Upon completion, all key components of this vital lift station will have been replaced
within the last five years.
A third pump was added to Simpson Drive WWPS, along with a VFD. This provides
backup capacity in keeping with the City's objective of having sufficient pumping
capacity to maintain operation with one pump out of service. Simpson Drive WWPS is
another vital link in the network transmitting flows from the eastern portions of the City
to the new Eastern WWTF_
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2011 Annual Wastewater Report 12
Repairs were carried out at Marsh Creek WWTF in order to improve treatment
performance and meet the COA requirements. A number of air leaks well below the
water surface affected the system's ability to clear floating scum from the clarifiers. After
careful consideration, a repair method was devised that did not involve draining the tanks
to access the damaged piping. This avoided added expense and impact on the
environment of bypassing flows around the facility over a lengthy period. Since carrying
out the repairs, the Marsh Creek WWTF has consistently delivered compliant effluent
quality.
Appendix J provides a detailed listing of the projects that were included in the 2011
Water and Sewerage Utility Fund Capital Program approved by Common Council. It
should be noted that some of the projects will be on -going in 2012.
In 2011, the utility share of capital funding to wastewater related categories (which
consist of sanitary infrastructure renewal and wastewater treatment) totaled $14.1 million
or as can be seen on the pie chart on the first page in Appendix J, 84.1% of the utility
share of capital expenditures.
OPERATOR TRAINING & CERTIFICATION
The treatment facilities' COA require that an operator complete, as a minimum, the
Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP)
Constitution's education and experience requirements to write wastewater certification
exams. The water and wastewater operator training program curriculum offered by New
Brunswick Community College - Saint John (NBCC) is acceptable and recognized as an
equivalent for the condition of Approvals to Operate for; wastewater treatment,
wastewater collection, water treatment and water distribution.
The following table shows the level of certification required for each wastewater
treatment facility and the certification levels of the current operating staff.
Facility
Name
Facility
Class
Operator Certification Level
Class 1
Class II
Class III
Class IV
Millidgeville
III
1
1
EWWTF
TBD
2
Marsh Creek
Il
1
1
Lancaster
II
1
1
Morna Heights
I
1
Greenwood
I
1
Saint John Water continues to make advances in the operation and maintenance of our
water and wastewater systems. Training is integral to improving operational efficiency
and effectiveness. Since 2001, the City of Saint John has worked jointly with NBCC in
developing training programs for our water and wastewater operators. City of Saint John
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2011 Annual Wastewater Report 13
staff, in accordance with the provincially issued COA, meet specific training and
certification requirements.
A number of formal training courses were offered to staff during 2011. Listed below are
all formal courses that were offered, complete with a short descriptor.
CFS Common — General Knowledge Water and Wastewater Fundamentals:
provides knowledge and skills related to safety, mathematics and basic science as
it applies to water and wastewater systems.
CFS Wastewater Collection - General Knowledge Water and Wastewater
Fundamentals: provides knowledge and skills related to safety, mathematics and
basic science as it applies to Water and Wastewater systems. Support Systems
Water and Wastewater Fundamentals: provides knowledge of major components,
principles and proper operation of common equipment including pumps, drive
systems, engines and generators, compressors, valves, and control components.
Wastewater Quality Fundamentals: provides knowledge and skill related to
wastewater quality assurance, and quality control, including wastewater sampling
and quality, public health implications and regulatory requirements. Wastewater
Collection Process: provides knowledge and skill related to wastewater collection
system operation and maintenance, including wastewater collection overview,
gravity sewers, sewer operation and maintenance, wastewater lift stations,
wastewater force mains, disinfection processes, wastewater treatment overview.
CFS Wastewater Treatment - Support Systems Water and Wastewater
Fundamentals: provides knowledge of major components, principles and proper
operation of common equipment, including pumps, drive systems, engines and
generators, compressors, valves, and control components. Wastewater Quality
Fundamentals: provides knowledge and skill related to wastewater quality
assurance and quality control, including wastewater sampling and quality, public
health implications and regulatory requirements. Wastewater Treatment Process:
provides knowledge and skill related to wastewater treatment system operation
and maintenance, including wastewater treatment overview, preliminary
treatment, primary treatment, secondary treatment, sludge management,
disinfection processes, tertiary treatment.
Confined Space Entry - Participants develop knowledge and skills in confined
space entry that meets and exceeds legislated requirements. Training topics
include: the legal regulations, standard operating procedures, confined space
audit, confined space entry and confined space rescue.
Confined Space Rescue - Participants learn to safely and effectively perform
confined space rescue. The course covers: a review of confined space entry
procedures, atmospheric monitoring and control systems, duties of rescue
personnel, personal protective equipment, self contained breathing apparatus,
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— 2011 Annual Wastewater Report
14
rescue equipment including lifeline, retrieval system, stretcher, casualty
packaging and manipulation, rescue procedures and engaging first responders.
CPR/First Aid - This course is provided for reasons of workplace safety. It
explains to individuals the fundamentals of first aid and basic life support.
Customer Service - Participants learn the basic principles of customer service with
the aim of better serving our internal and external clients. Topics include: the
customer - centered organization, internal customers, external customers,
identification of needs, prioritization of needs, review of values -based behaviour,
elements of high quality service, implications of low quality service, service
examples and lessons learned.
Effective Communication - The goal of this program is to develop knowledge and
skill in interpersonal and team communications in the context of our business,
using a variety of techniques including role playing, group discussion, and case
studies. The critical importance of effective listening and feedback technique is
emphasized as a crucial element in the building of positive workplace
relationships.
Fall Arrest Protection - This is a one day training program, the goal of which is
to equip employees with the knowledge and skill required to employ industry
standard best practices in Fall Arrest in a variety of operational tasks within Saint
John Water, including Confined and Hazardous Space Entry and Rescue.
Fire Extinguisher - In this course, participants learn how to classify the types of
fires and to use fire extinguishers correctly. Topics include; fire chemistry, fire
classification, types of fire extinguishers, fire extinguisher rating, symbols used
on fire extinguishers, selecting a fire extinguisher, use of fire extinguishers and
inspecting fire extinguishers.
HTE Payroll - Participants learn to use the HTE payroll system for Hours Entry.
The course includes instruction on general HTE procedures, payroll overview,
hours entry and hours proof.
HTE Work Reguests & Job Order - This course teaches participants to use the
City's HTE work request job order system. After an introduction to HTE system
environment, participants learn how to create internal work requests /job orders,
search for work requests /job orders and close job orders.
Leadership - This course is designed for municipal frontline, supervisors and
managers (both hourly and staff) who want to contribute to their development as
leaders of their organization by leading from the inside out. Knowledge is gained
by applying" theory" to real life examples that require interactive group
discussion, problem solving and role playing.
:1
�c`�ohn lydf
~ 2011 Annual Wastewater Report 15
Job Coaching - This course prepares peer trainers to become successful field
coaches. The course covers; understanding adult learning needs; the coaching
process; setting up the field coaching environment; guidelines for instruction;
guidelines for feedback; setting goals and objectives for the trainee; developing
checklists; evaluation progress; learner reactions and feedback.
Natural Gas Safety - Participants learn safe work practices for carrying out street
construction operations near natural gas pipelines. The lecture also includes
complying with regulations for natural gas pipelines, regulatory authority,
notification procedure, penalties associated with non - compliance, required work
method and emergency procedures and hazards associated with natural gas.
Occupation Health and Safety 1 — This course covers the following;
responsibilities under Occupational Health and Safety Act, role of Joint Health
and Safety Committees, due diligence, construction safety and the role of the
highway signaler.
Occupational Health and Safety 2 - Participants learn about the Health and Safety
Improvement System (HSIS). Topics include: safety and quality, quality systems
general (iterative, audit -based processes), the HSIS framework, implementation
methodology and expected outcomes.
Orientation — A general orientation to the City of Saint John. This 2 -hour basic
orientation provides introduction to the Corporate Strategic Plan, our Values,
Vision, etc. Other topics covered include; pension, benefits, training and contact
information.
Professional Driver Improvement - Participants develop skills to prevent
collisions by learning a positive approach to driving.
Resource Management - Participants learn the basic principles of Human
Resource Management, Property Management and Financial Management.
Training topics include: the City's budget process, financial reporting and
analysis, inventory and purchasing procedures and fleet management procedures.
Respiratory Protection — Participants learn about the types of respiratory
protection equipment and how to safely use this equipment. The instructor
reviews standard operating procedures and worker's responsibilities. Also
discussed are: the type, selection and use of respirators, fit testing, medical
evaluations as well as maintenance and care of respirators.
Tag Out Lock Out — According to NB Regulation 91 -191, under the Occupational
Health and Safety Act, workplaces must have a written lockout procedure for
each machine that is cleaned, maintained, adjusted or repaired. The procedure
identifies the proper steps to follow in order to safely lock out the machine.
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2011 Annual Wastewater Report
lb
Transportation of Dangerous Goods (TDG) — Participants learn about the
Transportation of Dangerous Goods Act and become legally certified to transport
materials covered by this legislation. Topics include: TDG classifications,
packing requirements, TDG symbols, shipping documents and dangerous
occurrences.
Supervisory Training — The objective is to develop supervisory personnel by
providing a series of training modules focusing on key supervisory competencies.
WHMIS _(Workplace Hazardous Materials Information Svstem) — A system in
Canada that provides information on the safe use of hazardous materials in the
workplace. Information is provided by means of product labels, material safety
data sheets (MSDS) and worker education programs.
Work Zone Safety - This course is to protect employees from vehicular traffic
passing through construction sites. It teaches control procedures, personal
protective equipment, general design instructions and emergency procedures.
As summarized below, in 2011 several members of the Saint John Water team challenged
and achieved class I, II, III or IV certification.
Water Distribution, ` Water Treatment, 'Wastewater Collection," Wastewater Treatment
In addition to the new certifications achieved by staff over the past year, Appendix K
provides a comprehensive summary of all staff certifications achieved to -date.
:.
Certifications Achieved in 2011
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on
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as
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V
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NAME
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U
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Harley Dickson
•
Brenda
MacKinnon
Ron MacRae
•
Jeremy Howley
•
Adam Newman
•
Graham
•
Huddleston
Water Distribution, ` Water Treatment, 'Wastewater Collection," Wastewater Treatment
In addition to the new certifications achieved by staff over the past year, Appendix K
provides a comprehensive summary of all staff certifications achieved to -date.
:.
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A 414M
�1 ^� 2011 Annual Wastewater Report 17
Operator Trainins & Certification — Wastewater Treatment
Approvals to Operate for Lancaster Lagoon and Marsh Creek facilities each include the
following condition of operation.
The Approval Holder (City of Saint John) shall employ, as a minimum, one (1) Class I
and one (1) Class II Wastewater Treatment Certified Operator to operate the wastewater
treatment facility.
The Approval to Operate for the Millidgeville Wastewater Treatment facility requires
that the following condition be met.
The Approval Holder shall employ, as a minimum, one (1) Class II and one (1) Class III
Wastewater Treatment Certified Operator to operate the wastewater treatmentfacility.
The Approval to Operate for the two trickling filter facilities; Greenwood and Morna
Heights include the following condition.
The Approval Holder shall employ, as a minimum, one (1) Class I Wastewater Treatment
Certified Operator to operate the wastewater treatment facility.
With respect to certification requirements, as noted below, in each instance the
certification level of the operator in charge is equivalent to or exceeds the system
classification.
WASTEWATER TREATMENT
Operator Name
Operator Certification Level
System Classification
Ed O'Neill
Wastewater Treatment Level III
Class III ( Millidgeville)
Rick Hachey
Wastewater Treatment Level 11
Class II (Marsh Creek)
Frank Hebert
Wastewater Treatment Level 1I
TBD (Eastern WWTF)
Michael
Montgomery
Wastewater Treatment Level II
TBD (Eastern WWTF)
Bruce Slovitt
Wastewater Treatment Level II
Class II (Lancaster Lagoon,
Morna Heights and Greenwood)
183
2011 Annual Wastewater Report 18
Operator Training & Certification — Wastewater Collection
In addition to each of the above conditions listed in the various facility Approvals to
Operate, the following condition is included in all 6 Approvals to Operate.
The Approval Holder shall ensure that the Operator(s) responsible for the wastewater
collection system have, as a minimum, the ACWWVCP Constitution's education and
experience requirements to write a Class I Wastewater Collection System Operator
Exam.
As summarized in the table below, each of the operators' certification level exceeds that
of the system classification.
WASTEWATER COLLECTION
Operator Name
Operator Certification Level
System Classification
Clyde Carpenter
Wastewater Collection Class II
Class I (for WWC)
Brian Keenan, P. Eng.
(Water Distribution Class II)
Engineering Manager, Municipal
Gary Melanson
Wastewater Collection Class II
Class I (for WWC)
John Clack
(Water Distribution Class 11)
Manager, Water Use Management
William Melanson
Wastewater Collection Class II
Class I (for WWC)
James Margaris, P.Eng.
(Water Distribution Class II)
Superintendent, Wastewater Treatment
George Payne
Wastewater Collection Class 11
Class I (for WWC)
(Water Distribution Class II)
HUMAN RESOURCES
Responsible Staff
Patrick Woods, CGA
Paul Groody, P. Eng.
City Manager
Commissioner, Municipal Operations &
Engineering (responsible for Saint John Water)
Kendall Mason, P.Eng.
Brian Keenan, P. Eng.
Deputy Commissioner, Saint John Water
Engineering Manager, Municipal
Engineering
Jeremy Howley, P.Eng.
John Clack
Operations Manager,
Manager, Water Use Management
Water & Sanitary Systems
Graham Huddleston, P.Eng.
James Margaris, P.Eng.
Operations Manager,
Superintendent, Wastewater Treatment
Environmental Protection
Facilities
.,
4 t
.on
2011 Annual Wastewater Report 19
New Hires
During 2011, the City of Saint John hired 3 new employees within Saint John Water
operations. Each new hire is listed in the table that follows.
Name
Status
Andrew Parsons
New hire — Skilled Worker
Jared Hunter
New hire — Skilled Worker
Colin Broemeling
New hire — Skilled Worker
Staffine Changes
In addition to the new employees hired during 2011, there were several Saint John Water
staffing changes which are summarized in the table below.
Name
Status
Brent McGovern,
P.Eng.
Resigned as Deputy Commissioner, Saint John Water
Wade St. Coeur
Resigned from the position of Instrumentation Technician
Frederick McGrath
Retired from position of Operator, Wastewater Collection Class
II
Daniel Melanson
Retired from position of Operator, Wastewater Collection Class
II
Gary Melanson
Retired from position of Operator, Wastewater Collection Class
II
George Payne
Retired from position of Operator, Wastewater Collection Class
II
Colin Broemeling
Resigned from the position of Skilled Utility Worker
Kendall Mason, P.Eng.
Hired as Deputy Commissioner, Saint John Water
185
-f' 2011 Annual Wastewater Report 20
PUBLIC INFORMATION
Communications
During the 2011 capital construction season communication was regularly provided to
citizens by means of weekly construction updates, a few examples of which can be seen
in Appendix L. This information, compiled by staff in Municipal Operations &
Engineering, was shared with the public via of the City of Saint John website, news
releases carried in the local newspaper and by email to large distribution groups. The
regular updates provide citizens with information relating to the limits of work, project
start date, work to be accomplished, traffic impacts where applicable and projected end
date.
The City's Corporate Communications staff provided excellent support to the Wastewater
Service throughout the year.
COMMITMENT
Treated wastewater enhances the public health of Saint John citizens and is vitally
important as Saint John continues to grow. Significant advances continue to be made at
Saint John Water with respect to wastewater treatment. However, much work remains
and the City is committed to following through on its long -range plans for system
improvement, including full treatment of all collected wastewater. Sustained
commitment, vision and strong leadership at every level, working with the community
and regulators, will help stakeholders accomplish the essential objectives.
:.
REP F" TO COWNION COUNCIL
M &C- 2012 -31
February 9, 2012
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: REVISED DIGITAL GEOGRAPHIC INFORMATION
DISTRIBUTION POLICY
Background
City of Saint John
The original digital geographic information distribution policy, approved by resolution of
Council on March 29, 2005, provided authority to the GIS Division to sell the Corporation's
digital geographic information to outside users at the prices listed in Appendix A. Since the
policy took effect, sales have averaged $34,536 per year.
$80,000
$70,000
$60,000
$50,000
$40,000
$30,000
$20,000
$10,000
S-
GIS Data Sales
2005 2006
2007 2008 2009 2010 2011
In an effort to generate an additional $12,500 in revenue from GIS data sales, as required in
the 2012 operating budget, Staff is proposing to restructure fees for digital geographic
information as outlined in Appendix B.
Since the original policy has been adopted, prices haven't changed and many new datasets
have been created for which there was no pricing, therefore no sales. Staff has taken this
opportunity to add these new datasets to the price list.
187
In addition, because policing the types of uses has also proven impracticable, Staff has
collapsed the various types of use fees into one set of fees for first -time purchase and another
for update purchases.
In an effort to avoid higher consulting costs, data has been provided, at no cost, to firms
hired by the City to perform work. As a show of support to the community, data has also
been provided at no cost to non -profit or charitable organizations as well as to
educational institutions. It is proposed that Council adopt a policy to formalize this
practice as well.
Recommendations
It is recommended that Common Council repeal the digital geographic information sales policy,
approved by resolution of Council on March 29, 2005, providing authority to the GIS
Division to sell the Corporation's digital geographic information to outside users at the prices
listed in Appendix A.
It is recommended that Common Council adopt the digital geographic information policy
providing authority to the GIS Division to sell the Corporation's digital geographic
information to outside users at the prices listed in Appendix B and to provide authority to the
GIS Division to continue to provide digital geographic information at no cost to firms hired
by the City, to non -profit or charitable organizations and to educational institutions.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
YL
im
Patrick Woods, C.G.A.
City Manager
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Appendix B
C"Ity of Saint John. Digital Geographlic t la Pricing
r G! S P r0r, d & S c C, S r
First -time purchase
Updates
Per long
Entire city
Entire City
Topography
1 -meter interval elevation contours
$30
$1,500
$500
Elevation mass points & breaklines
$27 per the
$4,000
Gra scale (per s uarefoot)
WAR elevation points
$75
-
Lakes
-
$150
-
Streams
$150
Aerial Photography
Current colour ortho hotos
$90 per tile
$13,500
Current colour orthophotos (PDA area only -139 tiles )
$9,000
Historic colour ortho hatos
$60 per tile
$9,000
Geo- referenced oblique aerial photos
$30 per photo
$1000
Transportation / Addressing
Street centrelines including street address ranges)
$30
$1,500
$500
Railroads
-
$150
$150
Bike routes
$150
$150
Bus Routes
$150
$150
Bus Stops
$150
$150
Trails
$150
$150
Parkin lots
-
$150
$150
Individual civic numbers
$30
$1,500
$5D0
Land Development
Zoning
$10
$500
$150
Future land use
$10
$500
$150
Heritage conservation areas
-
$150
$150
industrial arks
$150
$150
Flood lain
-
$150
$150
Easements
$20
$1,000
$250
Other Datasets
Building footprints
$150
$150
Points of interest
$100 plus $10 per feature type
-
Postol orwardsortation areas
$100
Electoral words
$100
Municipal Boundaries
$100
NOTE: All per km2 purchases lexce t ortho hotos and mass points & breaklines will Incur a $100 processing fee, in addition to the cost of the data.
r G! S P r0r, d & S c C, S r
Pricing for any additional datasets, products or services offered in the future will be established by the GIS Division.
Last updated Feb. 9, 2012.
190
Hardcopy maps
1:15,000 street ma
$60
Street list
$15
GIS Labour
Per hour
$100
Plotting
Colour (per s core oot
$5
Gra scale (per s uarefoot)
$3
Pricing for any additional datasets, products or services offered in the future will be established by the GIS Division.
Last updated Feb. 9, 2012.
190
REPOR"r TO COMMON COUNCIL
M &C- 2012 -24
February 8, 2012
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Implementation of 2012 Operating Budget re Planning Fees
BACKGROUND:
City of Saint John
On February 1, 2012, Common Council adopted the City's 2012 Operating
Budget. The budget features a variety of spending reductions as well as measures
aimed at increasing non -tax revenues, such as increases in user fees and
application fees. With regard to planning - related fees, specific mention was made
of rezoning/Section 39 applications and zoning confirmation letters during the
budget preparation process.
The purpose of this report is to recommend initiation of the necessary
amendments to the Zoning By -law that would implement these fee increases.
ANALYSIS:
The fees for rezoning/Section 39 amendment applications and for zoning
confirmation letters are prescribed in Section 910 of the Zoning By -law. The
current fee for a rezoning or Section 39 amendment is set at $1,000, while the fee
for a zoning confirmation letter is currently $25.
Rezoning and Section 39 Applications
With regard to rezoning and Section 39 amendments, it is proposed that the
application fee be increased from $1,000 to $2,000, plus an additional amount for
recovery of the advertising costs. A $2,000 fee had actually been contemplated
when the application fee was raised from $400 to $1,000 in 2010 as a result of the
Hemson Report's recommendations. However, at that time it was anticipated that
the full $2,000 fee would not be implemented until after adoption of the new
191
M&C- 2012 -24 -2-
Zoning By -law. As the new By -law is not expected to be ready for adoption until
late 2013 or early 2014, increasing the fee at this time moves up that schedule by
approximately 18 to 24 months. It should be noted that both Moncton and Dieppe
already charge a $2,000 application fee for rezonings.
The Common Clerk has advised that the average cost for advertising in 2011 was
$470 (plus HST) per ad placement. Based on the current practice of placing two
public hearing ads in the newspaper, an additional charge of approximately
$1,000 would be required in order to recover the cost of advertising, for a total
application fee of $3,000. When an application includes an amendment to the
Municipal Plan, an advertising charge of approximately $1,500 would be
required, for a total application fee of $3,500, due to the requirement to advertise
an initial Public Presentation in addition to the two Public Hearing ads.
Proposed Change to Number of Ad Placements for Rezonings and Section 39
Amendments
While the City's historic practice has been to place two newspaper notices for a
public hearing, subsection 68(7) of the Community Planning Act actually provides
that the second ad placement is not required for proposed rezonings and Section
39 amendments as long as the owners of land within the affected area and within
one hundred metres thereof, other than a person applying for the rezoning, are
advised in writing of the proposed amendment. The City already sends letters to
property - owners within a radius of 100 metres of the land affected by proposed
amendments. These letters include an explanation of the proposal, instructions
for sending written comments, and the date, time and place of the public hearing,
as well as that of the Planning Advisory Committee's meeting.
February 8, 2012
Given that the requirements of Section 68(7) of the Act are already being followed
by the City, the second notice of public hearing is not necessary when the
application does not involve an amendment to the Municipal Plan. The reduction
in number of ad placements will result in a savings of approximately $500, which
can be passed on to the applicant. The resulting application fees can therefore be
$2,500 when no Municipal Plan amendment is required and $3,500 when the
proposal also requires a Municipal Plan amendment.
It should be noted that the new fees still represent only 20 to 30 percent of the
average actual costs to process an application, which were estimated to be more
than $11,000 by the Hemson Report.
Fees for Zoning Confirmation Letters
As noted above, the current fee for providing a zoning confirmation letter is $25.
It is proposed that this fee be increased to $100. This is also comparable to the fee
charged by Moncton and Dieppe.
192
M & C —2012 —24 -3 February 8, 2012
RECOMMENDATION:
It is recommended that Common Council:
a) direct the Commissioner of Planning and Development to prepare the
appropriate amendments to the Zoning By -law that would:
• increase the application fee for rezoning and Section 39
amendments, from $1,000 to $2,500 (for applications not requiring
a Municipal Plan amendment) and $3,500 (for applications that
require a Municipal Plan amendment);
• increase the fee for providing a zoning confirmation letter, from
$25 to $100.
b) refer the proposed amendments to the Planning Advisory Committee for a
recommendation; and
c) schedule a public hearing for consideration of the proposed amendments
for Monday, March 26, 2012 at 7:00 p.m. in the Council Chamber.
Respectfully submitted,
Ken orrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
KF /r
193
1 ?SPORT TO COMMON COUNCIL
M &C-- 2012 -32
February 13, 2012
His Worship Mayor Ivan Court
& Members of Common Council
Your Worship and Members of Council,
SUBJECT: Implementation of 2012 Operating Budget Heritage Reforms
BACKGROUND:
1
City of Saint john
On February 1" 2012, Common Council adopted the City's 2012 operating budget
which featured a variety of service reductions as well as measures to increase
revenues through increased user and application fees. For the City's Heritage
Service, the budget included fee increases for heritage applications and reductions
in the grants for Heritage Conservation.
Amendments to the Heritage Conservation Bylaw are required to fully implement
the changes contained in the budget. This process requires Council to seek the
advice of its Heritage Development Board and also hold a public hearing before
the fee changes can take effect. The hearing date to consider the Bylaw changes
is proposed for the March 12, 2012 Common Council meeting.
The purpose of this report is to provide Common Council with the required
amendments to the Heritage Bylaw.
ANALYSIS:
New Heritage Fee Schedule
Current State
The administration of Saint John's Heritage Conservation Program requires
significant resources with more than 770 registered heritage properties in 11
designated heritage conservations areas. The program involves a high level of
technical review, involving staff and the Heritage Development Board. An
ongoing Heritage Program Review has identified concerns with sustaining the
current levels of service with the available resources. The introduction of heritage
fees will help offset these administrative costs.
194
M & C — 2012 — 32 - 2 - February 13, 2012
The recently adopted N.B. Heritage Conservation Act, now require that fees be
included in a Municipal Heritage By -law.
Recommended Reforms
Heritage staff are recommending that a $100 fee be established for heritage
permits and a new fee of $100 be introduced for letters confirming properties are
located in a designated heritage area. Assuming the current level of applications
continue the potential exists to generate at least $10,000 in new revenue per
calendar year.
Reforms in the Grants Program for Heritage Conservation
The approved 2012 Operating Budget includes a reduction of $100,000 from the
City's Heritage Grants Program, a 50% reduction from its 2011 level of $200,000.
Current State
The Grants Program for Heritage Conservation currently provides incentives to
encourage development of heritage conservation areas through three types of
grants:
1. Heritage Maintenance Grants: Small scale grants of up 20% to maximum
of $1000 per year are provided for routine maintenance improvements
such as painting, repairs, and storefront signage. In 2011, 44 % of the
total applications processed under the program were maintenance grants
accounting for about 11% of the total grant program budget.
2. Heritage Conservation Grants: Heritage conservation grants target
support for larger conservation projects which have a conservation plan in
place. In 2011, these applications represent about 44% of the total
applications and account for 83% of the total grants budget. For
conservation grants, there are two levels of support provided depending on
the nature of the project:
a. 20% of up to a maximum of $5,000 for minor conservation work;
b. 40% of up to a maximum of $10,000 for major projects
incorporating structural openings or masonry work (major).
3. Heritage Conservation Plan Grants: Grants are provided to offset the
costs of retaining a design professional to develop a Conservation Plan for
designated heritage properties. Consen ation Plans are undertaken by a
design professional such as an architect or engineer and identify a phased
plan to undertake required heritage conservation work. These costs are
funded of up to a 50 % to an established maximum depending on the
nature of the project (e.g. a greater maximum is set for commercial
facades as compared to single unit dwellings). In 2011, these represented
195
M & C — 2012 — 32 - 3 - February 13, 2012
about 12% of the total number of applications and 6% of the grant
funding.
For the past number of years the annual grant budget of $200,000 has not been
sufficient to fund the number of requests for grant funding; the total grant
envelope is allocated on a first come -first serve basis, with funding usually fully
committed by late summer / early fall.
Recommended Reforms
Although not mandated by the N.B. Heritage Conservation Act, the delivery of a
heritage grants program helps sustain continued economic development and helps
to make Saint John a more liveable community. The funds invested by the City in
heritage conservation leverage significant private sector investment and generate
economic development. Therefore, the ($100,000) reduction in this year's
heritage grant budget will require a number program reforms to ensure that the
heritage grants program is targeted towards the projects which maximize benefits
for heritage conservation in Saint John, while continuing to stimulate economic
development.
The following changes are recommended by Heritage Staff:
1. Target the Grants for Heritage Conservation towards major conservation
projects which provide the greatest public benefit to conserving the City's
heritage assets. Major improvement projects leverage significant
investment in heritage resources that wouldn't otherwise occur without
municipal investment and provide the greatest opportunity to ensure
ongoing stewardship of heritage assets. These applications will continue
to require the preparation of a conservation plan. The amounts eligible for
major conservation projects will be reduced to allow a greater number of
projects to be funded with the reduced program envelope (proposed 20%
funding to a maximum of $7500). Also changes are recommended to
remove eligibility for certain improvements such as new infill
construction, to target program efforts towards heritage conservation.
2. Maintain funding for Conservation Plans which are an important tool to
ensure sound conservation practices over the longer term. In order to
address the smaller program funding envelope, minor adjustments are
recommended to the grant criteria to reduce eligible funding amounts from
50% to 35% funding and lower the maximum grant to $1000.
3. Eliminate heritage maintenance grants of under $1000. These types of
applications consume a disproportionate share of the administrative
resources of the grants program for routine improvements which should
occur as part of a regular maintenance program. These applications
representing on average about 44% of applications but only account for
11% of the funding. Experience has shown that these projects are often
deferred and many are not dependent on the grant. Given the level of
196
M & C —2012 —32 - 4 - February 13, 2012
improvement (average payouts are just over $700), reduction of the
funding for these types of projects can be rationalized on the basis of their
limited degree of impact on the heritage conservation program.
The proposed Policies, Objectives, and Eligibility Criteria of the Grants for
Heritage Conservation Program are attached which detail the proposed changes.
It is recommended that before Council adopts the amended Grant Guidelines, it
seek the input of the Heritage Development Board who are actively involved in
the review and approval of heritage grants. The Heritage Development Board
would be requested to provide its feedback on the changes prior to Council's
approval.
Beginning in January 2012, all grants applications received by the Heritage
Development Board were approved conditional on the budget being approved by
Council. Applications received to date represent a significant portion of the
$100,000 budget established for the grants program (about 60 %), therefore, it is
recommended that the new grant guidelines be made effective for the 2012 budget
year and guide consideration of all applications for this year. Applications will
continue to be evaluated on a first come -first serve basis until the budget is
committed. Going forward, it is anticipated that it would be beneficial to
implement a more competitive grant process which is evaluated on a semi - annual
basis to ensure the most worthy projects receive funding. This approach should
be linked with further changes in the heritage program which will reduce
administration for smaller more routine applications.
Attachments
A. Proposed Amendments to the Heritage Bylaw to Implement New Heritage
Fee Schedule
B. Proposed Changes to the Policies, Objectives, and Eligibility Criteria of
the Grants for Heritage Conservation Program
RECOMMENDATION:
It is recommended that Common Council:
1. Give notice of its intention to consider adoption of proposed
amendments to the Heritage By -law as contained in Appendix A to
incorporate a new fee structure for heritage applications at a public
hearing to be held on March 12 2012 at 7:00pm in the Council
Chamber;
2. Refer the proposed bylaw amendments to the Heritage Development
Board for advice to Council prior to first and second reading;
197
M & C — 2012 — 32 -5 - February 13, 2012
3. Refer recommended 2012 Grants for Heritage Conservation Program
to the Heritage Development Board for review and input prior to
Council approval of the proposed reforms.
Respectfully submitted,
Ken Forrest, MCIP RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
JH
.;
M & C — 2012 —32 . 6 - February 13, 2012
Attachment A: Proposed Amendments to the Heritage Bylaw to Implement a
New Heritage Fee Schedule
A LAW TO AMEND THE SAINT JOHN HERITAGE CONSERVATION
AREAS BY -LAW HC -01
Be it enacted by The City of Saint John in Common Council convened, as
follows:
The Saint John Heritage Conservation Areas By -Law (HC -1) enacted on the 9th
day of October, A.D. 2007, is amended by:
Adding the following as a new Section 18
"A person who seeks a Heritage Permit [Certificate of Appropriateness] in
accordance with this By -Law pursuant to the Municipal Heritage Conservation
Act (M -21.1) shall
(1) Submit to the Heritage Officer:
a) A complete application signed by the owner; and
b) At the time of the request, a fee of $100 payable to the City of Saint
John;
(2) Fees for Heritage Conservation service shall be:
a) $100 for an application for a Heritage Permit;
b) $100 for providing a letter of confirmation that a property
i. is / is not in a Heritage Conservation Area; or
ii, there are / are not violation(s) of the Heritage Conservation
Areas By -Law against the property."
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 _ th day of
March, A.D. 2012 and signed by:
Mayor
Common Clerk
199
M & C — 2012 — 32 - 7 - February 13, 2012
Attachment B: Recommended Reforms to the Grants for Heritage
Conservation Program
Objectives: Grants for Heritage Conservation Program
Primary:
• To encourage retention of designated heritage buildings and their character -
defining elements, including their traditional materials and details;
• To maximize conservation of the character defining elements of designated
heritage buildings using an approach o£ understanding, documenting,
planning (for proposed use) and then intervening;
Secondary:
• To create employment opportunities for the citizens of Saint John;
• To discourage demolition of designated heritage buildings;
To reduce landfill and the impact on the environment by demonstrating that
the greenest building is one that already exists;
• To encourage owners to undertake necessary but costly major conservation
projects.
Categories of Grants
To be eligible for receipt of funds from the Grants for Heritage Conservation
Program the building must be in a Heritage Conservation Area designated by
Common Council. There are two categories of grants:
1) Heritage Conservation Plan Grant
• 35% of costs up to 51,000 for commercial or residential buildings to retain
a design professional to prepare a Conservation Plan for a building; and
2) Heritage Conservation Development Grant
• 20% of costs up to $7,500 per year, based on $37,500 or more spent on
conservation of character defining elements and replacement in -kind when
necessary, (based on an analysis of condition) of elements and details on
the exterior of a building.
■
200
M & C — 2012 —32 - 8 - February 13, 2012
Policies for Approval: Grants f or Herita a Conservation Program
The Grants for Herite Conservation Proms is an incentive program designed
to encourage owners to meet the spirit and intent of the Saint John Heritage
Conservation Areas Bylaw, as expressed in the national Standards for
Conservation of Historic Places and Saint John's own series of Practical
Conservation Guidelines.
Heritage Grants are not construction subsidies; they are intended to assist owners
to retain traditional materials and details of character- defining elements and, if
necessary, replace them with new elements matching the original materials and
profiles:
1) A Heritage Conservation Development Grant will only be approved if-
a) a Conservation Plan for the building has been prepared by a design
professional;
b) a Heritage Permit was approved before work started;
c) the work is completed as indicated on the approved Heritage Permit;
d) the work is completed in a professional manner and shows good
craftsmanship and attention to detail;
e) there are no outstanding violations and /or Building Permit warrants;
2) A Heritage Conservation Development Grant will only be released
following submission of
a) a request for payment;
b) receipts or cancelled cheques; and
c) confirmation by the owner and contractor that the work was completed
in accordance with the conditions of approval and as indicated on the
Heritage Permit;
3) The following work is not eligible for funding under the Grants for
Heritage Conservation Program:
a) work involving the use of contemporary or alternate materials;
b) work on flat roof membranes including galvanized and pre - painted
flashings [note: work on portions of roof beyond a 45 degree angle
relative to the facades of the building will be considered as a wall and
will be eligible for funding, provided that copper, slate or wood
shingles are utilized;
c) new (infill) construction projects [note: additions to existing buildings
evaluated under Section 8 of the Heritage Conservation Areas By -Law
are eligible for funding.
201
REPORT TO COMMON COUNCIL
February 9, 2012
M &C2012 -27
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: TRAFFIC CALMING POLICY
BACKGROUND
The City of Saint John
Many Canadian municipalities have a policy that defines how and where neighbourhood
concerns of high vehicle speed or volume are addressed. The City of Saint John currently has no
such policy.
Since early 2008, over 80 citizen requests to reduce vehicle speed or volume have been received
by the City. Requests are city wide and include both major thoroughfares such as Golden Grove
Road, Grandview Avenue, Lancaster Avenue, Loch Lomond Road, Manchester Avenue,
Millidge Avenue and Westfield Road as well as smaller neighbourhood streets such as Anglin
Drive, MacLaren Boulevard, Porter Street, Scotiaview Drive, and Simpson Drive. This level of
interest by citizens makes it clear that Saint John needs a Traffic Calming Policy.
Two comprehensive Traffic Calming Plans have been implemented in recent years. Speed
humps and a reduced speed limit on Heather Way were implemented in 2009. On Simpson
Drive speed humps, increased signage, more durable crosswalk markings, and a more defined
School Zone were placed between 2010 and 2011. Experience from both projects was valuable
in staff's development of a Traffic Calming Policy.
ANALYSIS
Staff has developed a Traffic Calming Policy for Common Council's consideration, which is
attached to this report. Staff is recommending that Council adopt this Policy, approve changes to
the City's Traffic By -Law and direct the City Solicitor to consider applicability within the City's
Local Improvements By -Law to support implementation of the Policy. Staff describes how this
recommended Policy was developed and key components of it in this report.
Best Practice Review
Staff reviewed traffic industry best practices in developing the recommended Policy. The
"Canadian Guide to Neighbourhood Traffic Calming ", a document completed in partnership
between the Transportation Association of Canada (TAC) and the Institute of Transportation
Engineers (ITE) was referenced. Other industry best practice documents, mainly developed by
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TAC, were also examined. Staff reviewed policies from Calgary, Hamilton, Oakville, Port
Moody, Toronto, Waterloo, Sudbury, Halifax, Milton, Aurora and Quispamsis. This review was
a diligent step in developing a made for Saint John solution grounded by best practices.
Policy Components
Staff drafted the attached recommended Policy based on the best practice review, sound
engineering judgment and experience with an understanding of Saint John's own opportunities.
Input from key Service Areas and the community was received and considered in the Policy.
The Policy is mainly organized chronologically as it would be followed for every investigated
and implemented Traffic Calming Plan for a neigbourhood. The Introduction discusses the need
for a balance between different uses of City streets. The Policy goal, objectives and guiding
principle, described on pages 3 and 4 of the Policy, are grounded in fairness and equity, and for
achievement of real results.
Proactive observance of sound transportation and land development planning are described on
page 5. These steps are key to avoiding some concerns of high vehicle speed or volume instead
of reacting to them after they develop.
Identifying the ways in which a Traffic Calming Plan may be requested is important. Page 5
describes the four ways such a plan can be triggered.
Measured evidence of vehicle speed or volume problems should support concerns expressed by a
neighbourhood. In the end, streets have appropriate speed limits and are meant to carry a certain
number of vehicles each day. Mitigating measures should only be used where there is evidence
that these limits are exceeded. Page 6 describes three criteria, where one must be satisfied for a
Plan to be continued. Most policies of other municipalities include such criteria. The third
criterion considers lower thresholds for those Saint John streets with no sidewalks.
The rate of requests from citizens for traffic calming over the past few years (approximately 20
per year on average) exceeds the current capacity of the City to implement an estimated 3 Traffic
Calming Plans per year. Prioritizing each Traffic Calming Plan based on a clear and objective
weighting system (page 7) ensures the Plans in most need of implementation get completed first.
The timing of development and completion of a Traffic Calming Plan can be influenced by its
priority or consideration with timing of a planned Capital project or alignment with a
Neighbourhood Plan being developed by the P1anSJ team. Pages 7 and 8 describe how this
coordination would occur.
Physical changes to the street are proven to be the most effective means of slowing down vehicle
traffic. Speed Humps, Raised Crosswalks, Street Narrowing, Traffic Circles, Roundabouts, and
Directional Closures are examples of physical traffic calming measures described on Pages 8
through 11 in the Policy. Other complimentary non - physical measures such as land use
planning, painted white or yellow lines, a change in the posted speed limit, speed display signs,
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school zone signs, brighter crosswalk signs, pedestrian signals or full traffic signals may be
included in such Plans. The role of Police in enforcing speed limits is also recognized, but like
every service, resource levels will dictate where and when presence is possible.
The appropriate uses of Multi -Way Stop signs are clarified on page 11. The Manual of Uniform
Traffic Control Devices for Canada, a TAC manual, provides a number of criteria based on
vehicle volumes, pedestrian volumes, accident history and delay to vehicle traffic to indicate
where these control devices should be placed. The Manual clearly states that Stop signs are
intended for control of Right -of -Way and not to control speed. There are numerous studies of
their ineffectiveness at controlling speed. The attached Policy indicates that Multi -Way Stop
intersections will not be considered as a solution to a vehicle traffic speed problem but can be
considered beneficial to solve other operational problems. The City currently has an inventory of
37 Multi -Way Stop intersections.
The Policy reflects on page 12 instances where Common Council would need to consider
approving specific funding for individual Traffic Calming Plans. These instances include times
where the Plan is outside scope of the City's Pedestrian & Traffic Management Service operating
budget or where coordination with a Neighbourhood Plan is required. The Policy is independent
of specific funding levels so that it can remain applicable when the community's investment in
Traffic Calming Plans changes.
Performance measurement targets for continued improvement and a mechanism to amend the
Policy are described on page 13.
Neighbourhood Participation
Several opportunities for participation of neighbourhoods in implementing the proposed Policy
exist. The Policy, once adopted by Council, would be available for reference on the City's
website and in hardcopy at 175 Rothesay Avenue by neighbourhoods that wish to take action on
their concerns. The Policy describes transparent, fair, equitable and consistent steps that all
neighbourhoods with concerns can take. A neighbourhood meeting is to be held with each Plan
as described on page 12 to receive and incorporate feedback.
Residents of a neighbourhood who are also users of the traffic system can participate in
decreasing speed or volume issues without the need to implement Traffic Calming Plans.
Motorists, pedestrians or cyclists have rights and responsibilities with respect to street safety as
defined in the New Brunswick Motor Vehicle Act and the City's Traffic By -Law. Motorists
must respect posted speed limits and should not use short-cuts through neighbourhoods.
Pedestrians must walk on sidewalks or at the road edge (facing traffic) and expect right -of -way
when crossing streets only at crosswalks (including those at unmarked intersections). Cyclists
must use the right side of a street or cycling facilities where provided. Parents or guardians are
responsible for preventing their children from playing in the street. The need for many Traffic
Calming Plans can be avoided in the first place if all users of the traffic system follow their
responsibilities. Neighbourhood participation at this level is therefore the most important action
that can be taken to calm vehicle traffic and improve safety.
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Staff sought input on this Policy from the various organized neighbourhood and community
groups. A meeting was organized by staff on the evening of November 29, 2011. Invitations
were sent to a small group of neighbourhoods. Members from Champlain Drive, River Road
Community Alliance, East Side Motivators, South End and Glen Falls participated in an
excellent discussion with staff.
Staff met with members of the Crescent Valley neighbourhood on November 30, 2011.
Applicability of the Policy to streets in Crescent Valley was discussed. Increasing the radius
around schools in the fifth prioritization criteria (page 7) from 500 m to 1.5 km was also
discussed. Staff described the exercise of defining the boundary area and explained that a radius
of 1.5 km was considered but would actually incorporate the majority of City streets, which
would decrease the significance of this criterion.
A meeting organized by staff was held on January 19, 2012. Invitations were sent to a larger
network of community groups including ARCF de Saint John, Muscular Dystrophy Association,
CNIB, Deaf & Hard of Hearing Association, United Catena Centre, Westside PACT, HOPE
Centre, Cedarwood Crescent Neighbourhood, Champlain Drive Neighbourhood Watch, Crescent
Valley Tenants Association, Glen Falls Neighbourhood, River Road Community Alliance,
Latimore Lake Community Centre, Crescent Valley Resource Centre, ONE Change Inc., Mount
Pleasant Neighbourhood, PULSE (South End), Anglin Drive Neighbourhood, Waterloo Village
Neighbourhood, KBM, Martinon Community, Lorneville Community Centre, Loch Lomond
Community Centre, Milford Community Centre, Denis Morris Community Centre, East Side
Motivators, Dominion Park Neighbourhood, and the Teen Resource Centre. Members from
Waterloo Village Neighbourhood, Teen Resource Centre, East Side Motivators, Mount Pleasant
Neighbourhood, Milford Community Centre, Crescent Valley Resource Centre, and River Road
Community Alliance participated in another great meeting.
Several suggestions from these meetings that were subsequently incorporated into the Policy
include:
• clarification that only one of the three speed/volume criteria must be satisfied (page 6),
• addition of community centres to the list of building/land types considered in the sixth
prioritization criteria (page 7), and
• inclusion of brighter crosswalk signs and pedestrian/traffic signals as potential Traffic
Calming Measures (page 11).
One suggestion, posting where Traffic Calming requests have been received from the public on
the City's website, was agreed to be beneficial to educate motorists where there are concerns
about vehicle speed or traffic volume. This suggestion could be implemented post- adoption of
this Policy.
Another suggestion, allowing neighbourhoods to contribute financially to a Traffic Calming Plan
through the City's Local Improvement By -Law to produce results more timely, generated a lot of
discussion during one of the meetings. All at this meeting agreed that this was a good idea as
long as such a project did not take the place of other projects that had the highest priority. Staff
will seek input from the City Solicitor's Office regarding applicability within the Local
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Improvement By -Law and would make a recommendation to Council at a later date if the Traffic
Calming Policy should be amended.
On- street parking was suggested during one meeting as a possible Traffic Calming Measure.
Staff does not recommend this option being added to the Traffic Calming Policy because street
plowing efficiency and effectiveness is negatively impacted by on- street parking.
Staff also received feedback via telephone conversations and e- mails. One resident from the
Westfield Road area for example expressed concern about the speed of vehicles on some of the
short and narrow streets in his neighbourhood. Staff had previously considered recommending
the implementation of only 40 KM /H speed zones (page 10) on some City streets. However,
based on this discussion and staff s understanding of the challenges on short and narrow City
streets similar to those in this neighbourhood, staff is now also recommending the
implementation of 30 KM/H speed zones.
Required Changes to Traffic By -Law
Recommended in this report and described in the Policy are amendments to the City's Traffic
By -Law. These changes would provide more options to consider within individual Traffic
Calming Plans.
Currently the City cannot post and Police cannot enforce speed limits below 50 KM /H. In some
instances, based on staff judgment using a TAC guideline just released in 2009, a speed limit of
40 KM/H is more appropriate on a neighbourhood street. A speed limit of 30 KM/H is
appropriate on some shorter and narrow dead -end streets. Adding subsections 3 and 4 to section
18 and adding Schedule M -3 (30 KM /H Speed Limits) and Schedule M -4 (40 KM /H Speed
Limits) to the Traffic By -Law is a first step to permit such changes. Council would be requested
to consider staff recommendations for streets to have this reduced posted speed limit on a case -
by -case basis through subsequent Traffic By -Law amendments.
In 2007 the Province of New Brunswick amended its Motor Vehicle Act to allow issued fines for
speeding in a clearly marked School Zone between the hours of 7:30 a.m. and 4:00 p.m. to be
doubled. This change seeks to discourage speeding in School Zones where there are young
children. Within a municipality the speed limit in a School Zone is 50 KM /H within these times
even if the posted limit on the street outside of the Zone is greater. City staff has been defining
and posting appropriate signs to mark School Zones using another TAC guideline. These zones
need to be listed in the City's Traffic By -Law to assist issuance of these higher fines by Police.
In appropriate instances a reduced speed limit for the School Zone should also be considered.
Amending Section 23 and adding Schedule S (School Zones) and S -1 (School Zones having a 40
km/h rate of speed) is a first step to permit such changes. Council would be requested to
consider staff recommendations for streets to be considered as School Zones and which of those
would have this reduced posted speed limit on a case -by -case basis through subsequent Traffic
By -Law amendments.
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Proactive Steps
Once Council adopts this Policy, neighbourhoods would be anticipating action to be taken soon
after. Staff has begun to complete speed and volume surveys on streets where requests for traffic
calming have been received. The table below shows results of some of these surveys:
Street
Measured Average
Vehicles per Day
Measured Average
Seed KM/H
Currently Posted
Seed Limit (KM /H)
Hillcrest Road
1056
58
50
Loch Lomond Road
14989
62
60
Whipple Street
66
31
50
Dorchester Street
2375
37
50
McLaren Boulevard
1099
39
50
Roxbury Drive
1022
41
50
Westmorland Road
4296
55
50
St. Catherine Street
818
52
50
McCavour Drive
283
45
50
Maria Crescent
69
48
50
INPUT FROM OTHERS
This Policy overlaps with programs and services of other internal and external stakeholders
including the Fire Department, Police Department, Ambulance New Brunswick, the City
Solicitor's Office, the City's Department of Planning & Development, the City's Leisure
Services Department and Saint John Transit. Consultations on this Policy were completed with
all these stakeholders. Generally, all were supportive of the proposed Policy.
The Fire Department, Ambulance New Brunswick and Saint John Transit communicated the
need to consider impact on their services within individual plans. The use of speed humps in
some situations can impact rider comfort and vehicle maintenance. Consideration of travel time
and wider turning radii of longer trucks is also required. The Fire Department provided
reference material to be considered in Plan design. Page 11 and 12 of the Policy indicates the
commitment to seek input from the Emergency Services and Saint John Transit on individual
Traffic Calming Plans. Solutions such as the use of Speed Cushions, a variation of a Speed
Hump, which leaves level the portion of the road needed for the wider wheel base of some
Emergency and Transit vehicles can be used as an alternative in individual Plans.
The City Solicitor's Office provided advice on the amendments to the Traffic By -Law described
in this report that are required to achieve the described objectives. Referral of the described
amendments to the City Solicitor's Office such that they can be placed in proper form and
translated for Council's consideration is recommended by staff.
The Department of Planning & Development provided advice on linking this Policy to land use
planning and alignment with the City's new Municipal Plan (P1anSJ).
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The Leisure Services Department provided the link to the various neighbourhood and community
groups and helped organize one of the larger group meetings.
FINANCIAL IMPLICATIONS
Utilizing existing resources, the Pedestrian & Traffic Management Service expects to be able to
complete three Traffic Calming Plans per year. A more precise prediction of capacity and
possible changes in the number of Plans that can be completed annually with different resource
investment levels would be possible after the first year of implementation.
The cost to implement individual Traffic Calming Plans will vary depending upon the measures
being considered in each Plan. For perspective, TAC's "Canadian Guide to Neighbourhood
Traffic Calming" reports that (in 1998 dollars) a raised crosswalk costs $2,000 - $10,000, a speed
hump costs $1,000 to $5,000, and a traffic circle costs $5,000 to $30,000. Each sign costs $150-
$200 to install with speed display signs costing much more. Maintenance and replacement costs
of all these assets would be additional.
RECOMMENDATIONS
Staff recommends that Common Council:
1. Adopt the attached "City of Saint John Traffic Calming Policy" as policy,
2. Refer the following Traffic By -Law amendments to the City Solicitor to be placed in
proper form and translate for Council's consideration:
a. Add a subsection 3 to Section 18 and add Schedule M -3 (30 KM/H Speed Limits)
to permit Council to consider defining 30 KM/H speed limit zones in the future,
b. Add a subsection 4 to Section 18 and add Schedule M -4 (40 KM /H Speed Limits)
to permit Council to consider defining 40 KM/H speed limit zones in the future,
and
c. Amend Section 23 and add Schedule S (School Zones) and S -1 (School Zones
having a 40 km/h rate of speed) to permit Council to consider defining School
Zones and 40 km/h speed limits in certain School Zones in the future, and
3. Request the City Solicitor to investigate and report back to Council whether
implementation of Traffic Calming Plans is possible using the Local Improvements By-
Law if so chosen by a neighbourhood.
Respectfully submitted,
R. Kevin Rice, B.Sc., CET J. Patrick Woods, CGA
Deputy Commissioner, Municipal Operations City Manager
1:
111NT ) HN
CITY OF SAINT JOHN
TRAFFIC CALMING POLICY
1.0
February 13, 2012
Pedestrians, Cyclists and Motorists Sharing Street Spaces
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
CONTENTS
INTRODUCTION............................................................................................................... ..............................3
POLICYGOAL ................................................................................................................... ..............................3
POLICYOBJECTIVES ......................................................................................................... ..............................3
GUIDINGPRINCIPLE ......................................................................................................... ..............................4
TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS ................................................... ..............................4
FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS .............. ..............................5
FOLLOW TRAFFIC CALMING POLICY ................................................................................ ..............................5
IMPLEMENT PROACTIVE TRANSPORTATION PLANNING ................................................ ..............................5
TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN ............................... ..............................5
MEASURE TRAFFIC SPEED AND /OR VOLUME ................................................................. ..............................5
PRIORITIZE TRAFFIC CALMING PLAN ............................................................................... ..............................6
IDENTIFY TIMING OF PLAN DEVELOPMENT .................................................................... ..............................7
DEVELOP TRAFFIC CALMING MEASURES ........................................................................ ..............................8
SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES .............................................. .............................11
CONDUCT NEIGHBOURHOOD MEETING ........................................................................ .............................12
REFINE PLAN WITH NEIGHBOURHOOD INPUT ............................................................... .............................12
COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED .................... .............................12
IMPLEMENTPLAN .......................................................................................................... .............................13
MEASURE PERFORMANCE OF PLAN ............................................................................... .............................13
UPDATE TRAFFIC CALMING POLICY ................................................................................ .............................13
Page 2 of 13
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
INTRODUCTION
Neighbourhood streets attempt to serve two roles. Firstly, these are used to move vehicle traffic to and
from homes. Some streets are designated as Arterial or Collector streets and are meant to move larger
volumes of vehicle traffic, sometimes at the expense of separating a neighbourhood. Other streets
designated as Local carry fewer vehicles. Secondly, many streets are also integral parts of a
neighbourhood, used by children and families for cycling, walking and other community activities.
Although these two street functions can sometimes conflict, ultimately both must be satisfied. To this
end, special steps may sometimes need to be taken to regain an appropriate balance through an overall
City of Saint John Traffic Calming Policy and a specific Traffic Calming Plan for a neighbourhood.
Traffic Calming, as defined by the Institute of Transportation Engineers, is "the combination of mainly
physical measures that reduce the negative effects of motor vehicle use, alter driver behavior and
improve conditions for non - motorized street users."
POLICY GOAL
The goal of this Traffic Calming Policy is to:
Reduce vehicular traffic speed on City streets to within the posted speed limit and /or reduce vehicle
traffic volume to within the typical street capacity to improve community and road users' safety.
POLICY OBJECTIVES
The goal of this Traffic Calming Policy is adopted by Common Council with the following objectives:
1. Consider a Traffic Calming Plan when there is measured evidence of excessive vehicle speed,
traffic volumes higher than levels typically acceptable for a neighbourhood street, or in
combination with potential conflict between pedestrians and motorists.
2. Prioritize implementation of Traffic Calming Plans via criteria identified herein by recognizing
that demand for such plans could exceed available resources,
3. Coordinate implementation of Traffic Calming Plans in conjunction with the Neighbourhood
Planning process established in PlanSJ or pre - planned Capital projects where possible,
4. Ensure input on a Traffic Calming Plan is received from the neighbourhood as a whole,
5. Obtain input on a Traffic Calming Plan from Saint John Transit and the three Emergency
Services,
6. Use sound engineering judgment and industry best practices, such as the Transportation
Association of Canada's "Canadian Guide to Neighbourhood Traffic Calming" (TAC's Guide) in
developing Traffic Calming Measures (described later in document) to be included as part of an
overall Plan,
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
7. Install Multi -Way Stop intersections where there are collision problems or traffic flow
improvement opportunities and where the installlation of the multi -way stop is warranted
based on sound engineering criteria and judgment but not as a solution to a traffic speed
problem, and
8. Evaluate the performance of implemented Traffic Calming measures to continuously improve
the Policy and future Plans.
GUIDING PRINCIPLE
All neighbourhoods that request Traffic Calming Plans shall be treated fairly, equitably and transparently
through a consistently applied Traffic Calming Policy.
TRAFFIC CALMING PLAN IMPLEMENTATION PROCESS
Fulfill
Community's Implement
Expectation of a Follow Traffic Proactive
Balanced Use of Calming Policy Transportation
City Streets Planning
• " "b v
HI Plan Prioritize
� +
Requested Plan
® Neighbourhood ® Neighbourhood
A..,. _ 15
11
Performance of
The remainder of this Policy document describes each step in this process.
Page 4 of 13
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
FULFILL COMMUNITY'S EXPECTATION OF A BALANCED USE OF CITY STREETS
Through this Policy and the investigation and development of each Traffic Calming Plan, the
community's expectation and understanding of a balanced use of City streets is respected.
FOLLOW TRAFFIC CALMING POLICY
As such, when there is a concern of higher than desirable vehicle traffic speed or volume on a street, or
a concern about potential conflict between pedestrians and motorists, this Traffic Calming Policy
provides a consistent and equitable avenue to investigate such a concern and mitigate it if required.
IMPLEMENT PROACTIVE TRANSPORTATION PLANNING
The most effective means of Traffic Calming is a proactive approach when a residential or other
development is in its initial planning stages. Potential vehicle traffic speed or volume issues can be
prevented before subdivisions and neighbourhoods are constructed through effective planning and
design. A Municipal Plan that identifies the strong inter - relationship between land development and the
transportation network is key in this regard. To that end:
it is vital and considered policy that potential vehicle traffic speed or volume issues are considered
and mitigated during the planning stage of a residential or other development.
The transportation network is a system and, therefore, speed or volume issues in a neighbourhood can
also be proactively prevented by constantly evaluating system improvements such as those identified in
the Municipal Plan and Transportation Strategic Plan.
It is a policy that improvements in the larger transportation system shall be constantly evaluated
for implementation to prevent traffic speed or volume concerns in neighbourhoods..
TRIGGER OPPORTUNITY FOR POTENTIAL TRAFFIC CALMING PLAN
At times, proactive land development or transportation planning cannot go far enough, resulting in a
potential need for a Traffic Calming Plan. An opportunity for such a Plan is generally triggered in one of
four ways, with each opportunity documented in the City's Work Request system:
1. Request from citizen(s) of a neighbourhood,
2. Inclusion within an overall Neighbourhood Plan resulting from the City's Municipal Plan (PlanSJ),
3. Inclusion within a planned Capital project, or
4. Request from the Saint John Police Force.
MEASURE TRAFFIC SPEED AND /OR VOLUME
Regardless of the means by which a potential Traffic Calming Plan is triggered, measured evidence of
high speed and /or volume is required to justify the investment of resources required to develop and
implement a Traffic Calming Plan. Streets are designed to carry an appropriate volume of vehicle traffic
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"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
and those vehicles are permitted to drive up to (but not over) the posted speed limit. Investing
resources where there is no measured problem impedes finding solutions where real problems exist.
A 48 -hour traffic survey, using specialized equipment to measure speed and /or volume of the vehicle
traffic, shall be completed on behalf of the Traffic Engineer. The results of this survey shall be analyzed
and one of the three following criteria must be satisfied:
Where the neighbourhood is concerned about the speed of vehicle traffic, the average speed of
vehicles must be equal to or greater than 2 KM /H below the current or appropriate' posted speed
limit for the Plan to be considered further.
Where the neighbourhood is concerned about the volume of vehicle traffic on a Local street, there
must be more than an average of 1000 vehicles per day counted over the 48 -hour traffic survey for
the Plan to be considered further. Traffic Calming Plans will not be considered on Collector or
Arterial streets when the concern is vehicle traffic volume as such streets are expected to service
higher volumes, including through traffic.
Where the neighbourhood is concerned about conflicts between vehicles and pedestrians, there
must be no sidewalks on the street and either (1) the average speed of vehicles must be equal to
or greater than 5 KM /H below the current or appropriate posted speed or (2) the street must be
classified as a Local Street and there must be more than an average of 500 vehicles per day
counted over the 48 -hour traffic survey for the Plan to be considered further.
The requesting citizen, Planning Staff (in the case of a Neighbourhood Plan), Capital project coordinator
or Police Force (depending upon the means by which the potential opportunity was triggered) shall be
notified of the results of the survey and whether the results indicate the Plan would continue to the next
phase in this process based on the above criteria.
PRIORITIZE TRAFFIC CALMING PLAN
The number of Traffic Calming Plans that are warranted to reduce higher than desirable vehicle traffic
speed and /or volume is often greater than the number that can be designed and implemented within
one year based on existing resources. Criteria are to be used to prioritize each Plan so that the most
critical Plans get implemented first. The criteria and point system on the following page are used to
weigh and prioritize the list of outstanding Plans:
1 As determined by the Traffic Engineer, the suitability of the posted speed limit on a street may be reviewed when
the concern is vehicle speed. TAC's "Canadian Guide for Establishing Posted Speed Limits" will be referenced in
these instances to determine if a more appropriate (than currently posted) speed limit is warranted. In cases
where such a review results in a recommended change to the posted speed limit, the new appropriate speed limit
will be referenced in the place of the currently posted speed limit against the actual surveyed speeds. The new
speed limit will be considered as part of the Traffic Calming Plan and would result in a staff - recommended
amendment to the Traffic By -Law (to be considered by Common Council). A review of the speed limit is intensive
in the traffic engineering resources required to complete the assessment, and therefore this analysis will occur at
the discretion of the Traffic Engineer.
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CRITERIA
WEIGHTING
Street is within a Neighbourhood Intensification Area, as defined within the Municipal
Plan
0 or 1
Street has no sidewalks physically separating pedestrians from vehicles
0 or 1
Stopping sight distance for motorist's view of pedestrians at marked or unmarked
crosswalks can be brought within acceptable levels at the posted speed limit
0 or 1
Street has no painted bike lanes or separated bike trails separating cyclists from vehicles
0 or 1
Street is within 500 m walking distance from a daycare, pre - school, elementary school or
middle school
0 or 2
Street is within 500 m walking distance from a park, place of worship, hospital, or
community centre
0 or 2
Average speed of vehicles measured is equal to or greater than 5 km /h over the speed
limit during a 48 -hour traffic survey
0 or 1
Over 1500 vehicles per day are counted on a local street during a 48 -hour traffic survey
0 or 1
TOTAL
/10
IDENTIFY TIMING OF PLAN DEVELOPMENT
The timing of development of a Traffic Calming Plan will be influenced by its Priority relative to other
Plans, timing of a planned Capital project or timing of an overall Neighbourhood Plan through PlanSJ.
A Traffic Calming Plan on a street planned for reconstruction within a Capital project will be developed
and implemented as the Capital project timeline unfolds.
A Traffic Calming Plan included within an area encompassing a future Neighbourhood Plan requires
coordination with the PIanSJ team:
If development of a Traffic Calming Plan is anticipated to be within 10 years of planned completion
of a larger Neighbourhood Plan, a Short Term Phase and a Long Term Phase of the Traffic Calming
Plan shall be developed. The Short Term Phase of the Traffic Calming Plan with minor investments
shall be developed and implemented in a time dictated by the Plan's Priority relative to other
Traffic Calming Plans. The Long Term Phase with more significant investment shall be developed
and implemented in coordination with the completion of the Neighbourhood Plan.
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
If development of a Traffic Calming Plan is anticipated to be beyond 10 years of planned
completion of a larger Neighbourhood Plan, the entire Traffic Calming Plan (Short and /or Long
Term Phases) shall be developed and implemented in a time dictated by the Plan's Priority relative
to other Traffic Calming Plans.
In all other cases, Traffic Calming Plans shall be developed and implemented in a time dictated by the
Plan's Priority relative to other Traffic Calming Plans.
DEVELOP TRAFFIC CALMING MEASURES
When it is time to develop the Traffic Calming Plan, street - specific Traffic Calming Measures will be
developed by the Traffic Engineer or Capital Engineering (in the case of a pre - planned Capital project).
Measures used will be unique to the differing issues of each neighbourhood. Given the documented
effectiveness, physical traffic calming measures will be incorporated into most Traffic Calming Plans,
with support of other steps such as signage enhancements. Although a wide range of physical and other
measures are available, including those detailed in TAC's Guide, the following will be generally given
consideration first:
Land Use Planning In some instances vehicles generated by a land use near a
Opportunities neighbourhood street will influence characteristics of traffic
on the street. Collaboration with City Planners to identify
opportunities to modify land use will occur in these
instances.
Speed Limit Enforcement The Police Force enforces speed limits and other traffic
regulations. Enforcement along busier arterial streets is
typically given priority, limiting availability of resources on
neighbourhood streets. Speed limit enforcement on
neighbourhood streets is considered a short term solution.
Speed Humps
Speed humps are similar to speed
bumps but are wider for speeds
expected on a street and can
effectively reduce vehicle speed.
These cause a vehicle to rise and
fall over a portion of a street giving
a sense of speed to the motorist when travelling too fast.
Variations of the speed hump are possible depending on
street type and situations where emergency vehicle speed
should not be negatively impacted.
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
Raised Crosswalk Raised crosswalks are similar to
speed humps, but are located at
crosswalks to both slow vehicle
speed and to enhance the visibility
of pedestrians to motorists.
Street Narrowing Narrowing a street puts roadside
features such as curbing,
sidewalks, trees, etc. as well as
vehicles approaching from the
other direction closer to a
Traffic Circle or Roundabout
Painted White /Yellow Lines
motorist, causing a motorist to
perceive less lateral room to travel and thus to slow down.
This measure can be costly.
February 2012
Traffic Circles and Roundabouts
are circular street intersections
where vehicles travel counter-
clockwise through them until
reaching the street they intend to
travel. They can improve traffic
flow and safety at an intersection.
They force vehicles to slow down as they navigate around
the circle. Traffic circles, being smaller, can be retrofit into
an existing intersection, can be less expensive but both are
considerably more expensive than most other options.
Painting white or yellow lines on a
street is an economical alternative
to street narrowing. White lines
adjacent to the edge of the street
and /or a yellow line along its
centre create narrowed vehicle
travel lanes. The space between the street edge and the
white line can also be a bike lane where such facilities are
deemed appropriate.
Directional Closure A directional closure involves
converting a street from 2 -way to O
one -way traffic, often with
physical changes to one end of the
street. This measure is used to '
reduce vehicle volume.
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
Change to Posted Speed Limit Speed limits should reflect the physical characteristics of the
street and potential use by other users such as cyclists or
pedestrians. The posted speed limit will be reviewed in some
cases using TAC's "Canadian Guide for Establishing Posted
Speed Limits ". Common Council would be asked to consider
staff recommended changes on a case -by -case basis.
Amendment to the Traffic By -Law is required — to add subsections 3 and 4 to section 18
and to add Schedule M -3 (30 KM /H Speed Limits) and M -4 (40 KM /H Speed Limits) - as
some local streets warrant a 30 KM /H or 40 KM /H posted speed limit as opposed to
existing 50 KM /H or higher limits.
Speed Display Signs Electronic signs that measure and
display vehicle speeds provide a
visual cue to motorists (to
compliment their own
speedometer) when travelling
over the posted speed limit.
These signs could be temporary or
permanent, but are costly.
School Zone Signs In 2007 the Province of New
Brunswick amended its Motor
Vehicle Act to allow issued fines •
for speeding in a clearly marked
School Zone between the hours of
7:30 a.m. and 4:00 p.m. to be
doubled. Within a municipality the
speed limit in a School Zone is also 50 KM /H within these
times regardless of the posted limit on the street outside the
Zone. Such penalties seek to discourage speeding in School
Zones where there are young children. A clearly marked
School Zone requires florescent yellow -green "School Zone"
and "School Zone End" signs. These zones also need to be
listed in the City's Traffic By -Law. In appropriate instances a
reduced speed limit for the School Zone would also be
considered. Common Council would be asked to consider
staff recommended changes on a case -by -case basis.
TAC has guidelines and will be referenced when establishing
the location of School Zones.
Amendment to the Traffic By -Law is required — to amend Section 23 and to add Schedule S
(School Zones) and S -1 (School Zones having a 40 km /h rate of speed).
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
Brighter Crosswalk Signs Florescent crosswalk signs replace
standard signs in school areas and
at some busier crosswalks. Such
signs may be placed where
crosswalks are part of a Traffic
Calming Plan only in very limited
instances where a heightened i
awareness of a crosswalk by
motorists is required.
Pedestrian or Traffic Signals
Multi -Way Stop Intersections
Signals that give clear right -of -way
to pedestrians and motorists are
required in instances outlined by
TAC guidelines and may be
considered as part of an overall
Traffic Calming Plan.
Installation of Stop signs at all
approaches of an intersection can
be effective where there is a
history of collisions associated with
turning vehicles and where
installation of the signs are
warranted based on engineering
criteria and judgement. Traffic flow improvement is possible
in some cases. A different TAC guide provides warrants in
these situations. Multi -Way Stop intersections will not be
considered as a solution to a vehicle traffic speed problem
because of their documented ineffectiveness.
SEEK INPUT FROM EMERGENCY AND TRANSIT SERVICES
Physical traffic calming measures that reduce the speed of vehicle traffic may also reduce the speed and
response time of Emergency Service vehicles. Physical measures may also impact Transit vehicles. The
proposed Traffic Calming Measures shall be distributed to the Emergency Services (Fire, Police and
Ambulance) as well as to Saint John Transit for input with changes to the proposed measures made
based on input received from these services. Some measures, such as speed humps with open wheel
paths for the wider Emergency vehicles, can be considered for example. Ultimately, the overall safety of
2 Manual of Uniform Traffic Control Devices for Canada
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
a neighbourhood needs to be considered by balancing a need to reduce vehicle speed with ensuring
Emergency Services can respond to an incident within an acceptable time frame and with operational
requirements of Saint John Transit.
CONDUCT NEIGHBOURHOOD MEETING
A neighbourhood meeting will be chaired jointly by the Traffic Engineer (or his /her designate) and the
citizen who raised the original concern (or that person's designate), and be supported by the Saint John
Police Force. The primary purposes of this meeting are:
1. To educate the neighbourhood of the Traffic Calming Policy and the benefits and limitations of
Traffic Calming plans and measures,
2. Clarify the concerns of the neighbourhood, and
3. Review the intended Traffic Calming Measures with the neighbourhood to ensure they address
the concerns where possible and seek support for the intended measures or obtain
suggestions for alternate measures.
In the case of an approved Capital project, this neighbourhood meeting will be coordinated by the
project coordinator as part of a larger project meeting. The Long Term Phase of Traffic Calming Plans
within ten years of a proposed Neighbourhood Plan shall be incorporated into community meetings
for the Neighbourhood Plan.
REFINE PLAN WITH NEIGHBOURHOOD INPUT
The Traffic Engineer or Capital project coordinator will consider adjustments to the Traffic Calming plan
and /or measures based on the feedback at the Neighbourhood Meeting where possible.
COMMON COUNCIL CONSIDERS APPROVAL OF PLAN WHERE REQUIRED
Some Traffic Calming Plans, including the Short Term Phase of a Plan, can be implemented within the
scope of the Operating budget. In such a case City staff will schedule completion of the Plan. Isolated
physical measures such as speed humps, raised crosswalks, and painted lines, as well as posting of speed
limit, speed display and School Zone signs are often within the scope of the Operating budget.
In other cases, where the Plan for a neighbourhood is outside the scope of the Operating budget, staff
will present to Common Council for consideration of approving the plan, including the resources
required for implementation of the Plan within a future year Transportation Capital or Operating
budget.
The Long Term Phase of Traffic Calming Plans to be incorporated into a Neighbourhood Plan will follow
the approval process of the Neighbourhood Plan.
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CITY OF SAINT JOHN - TRAFFIC CALMING POLICY February 2012
"Pedestrians, Cyclists, and Motorists Sharing Street Spaces"
IMPLEMENT PLAN
The Traffic Calming measures are implemented within the neighbourhood when the Plan is approved
and /or appropriate level of resources is available.
MEASURE PERFORMANCE OF PLAN
Measuring the performance of implemented Traffic Calming Plans is key to assuring success and to learn
toward continuous improvement of future Plans, as well as for updates to this Traffic Calming Policy.
Key Performance Measures to be considered shall include:
1. Comparison of the vehicle traffic speed and /or volume before and after the implementation;
2. Cost of the design and installation of an implemented Plan; and
Follow -up survey of the neighbourhood through the citizen who organized the Citizen Support
Survey (or designate) that measures their view of the success of an implemented Plan with
opportunity for feedback on suggested improvements.
UPDATE TRAFFIC CALMING POLICY
This policy is a living document; to be updated periodically, as required through opportunities learned in
developing a Traffic Calming Plan or other strategic plans such as implementation of the Municipal Plan
or the Transportation Strategic Plan. Such updates will continuously improve this Policy and subsequent
Plans. Recommended policy updates will be presented to Common Council for consideration.
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1�.
City Hall
15 Market Square
February 13th, 2012
P.O. Box 1971
Saint John.
New Brunswick
Canada E2L 4L1
cft'
His Worship Mayor Court, Deputy Mayor Chase and Councillors, city of Saint John
Subject: Committee of the Whole Report — Policy Direction and Business
Practices
Your Worship and Deputy Mayor and Councillors,
The Committee of the Whole, having met on January 23rd 2012, makes the following
recommendations:
That the Committee of the Whole recommends that Council adopt the City
Manager's recommendation, entitled Policy Directions to be adopted by Council as part of the
2012 Budget, with the exception of the Local 18 293 recommendation, which forms part of the
submitted report 2012 Operating Budget — Plan B; and further that the Committee of the Whole
recommends consideration of the Standing Committee form of governance subsequent to a
presentation on that topic from the City of Fredericton, and.
That as recommended by the City Manager, the Committee of the Whole
recommends that Council adopt the recommendations entitled Business Practices submitted
with the City Manager Report, 2012 Operating Budget — Plan B.
The Policy Directions and Business Practices are attached.
Respectfully Submitted,
Elizabeth Gormley
Common Clerk
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Policy Directions to be adopted by Council as part of 2012 Budget
Council Leadership;
Snow -Ban — 30 month moratorium on any changes or adjustments — each one off adjustment
compromises efficiency and effectiveness of snow operations, benefits only a few residents and
increases costs for all taxpayers
Grievance Process— direct staff to remove CC from grievance process in ail future contract negotiations
— introduces political dimension to what should be contract administration consistent with operational
requirements — allows managers to manage
Councillors motions - no service expansions at all without a corresponding cut in another service - no
Council motions directing new initiatives or increased service without identifying that resources exist as
a mandatory precondition.
Funding Requests - no new major grants for anything that is not related to a core City service - (UNBSJ,
St Joe's, maybe the YMCA) - limit presentations at Council from groups looking for money — no mufti-
year commitments given the uncertainty that the City faces re its own funding levels - for all of the
smaller social and cultural grants Council should establish a competitive community grants program with
a budget envelope - the grants would be evaluated by an interdepartmental grants committee who
would provide recommendations to Council on grants which align with community and service
outcomes
Fees /Charges — all fees, including bylaw rates, are to be automatically adjusted for Inflation each year
recognizes costs increase each year and avoids substantial price shock on periodic basis — makes ft easier
for users of service to adapt to rate changes
General Capital — future projects must align with objectives and principles of PlanSJ — ensures
infrastructure investments will contribute to higher density objectives and avoids encouraging sprawl
Conditional Funding— eliminate capital projects Identified as conditional on Federal /Provincial support
— City must limit Its capital expenditures in order to reduce debt repayment costs — this means available
funds must be used for highest priority City needs (infrastructure, roads, buildings etc) — aligns with
Fed /Prov insistence that they only have one priority — does not create false expectations with sponsor
groups
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Business Practices;
aty Hall — direct staff to renegotiate lease with smaller footprint and lower costs — police leaving —
opportunity to reconfigure and reduce space -- landlord will want to retain City as prime tenant
Expropriation — adopt policy that City will initiate expropriation process on all required property
acquisitions and proceed to friendly negotiation to resolve — ensures timely acquisition, minimizes time
to negotiate and allows public works projects to proceed on timely basis, due process protects property
owner
Fire Service Bylaw — develop fire bylaw with suite of charges for non - essential service such as fine
Inspection to industrial, commercial, institutional properties etc
Performance Measures — continue to develop meaningful metrics on efficiency and effectiveness of
various services — supports sound decision making, ensures value for money, increases accountability for
results
Customer Service — scale back scope from planned centralized call taking to involve only business
practices, process improvement in each customer facing area — avoids increased HR requirement (call
centre) and capital investment (facilities, hardware etc)
Transit Services — should be minimum density thresholds established as part of the formal review to
reinforce principles of PlanSJ before any transit service is provided to an area - should also require base
ridership levels to keep service on various routes - have to use it or will lose it — transit is a heavily
subsidized public service not a personal taxi service
Debt Management — a debt management policy will be developed that sets multi -year target levels for
borrowing capacity and debt service costs — ensures we are managing debt and it is not managing us —
policy will become a key driver in establishing capacity for future capital expenditure programs
Solid Waste Diversion — tipping fee for solid waste is over $1DD per tonne — tipping fee for compost is a
fraction of that cost— need to promote and /or incent diversion to recycling and composting — tax money
is literally going to the dump because of poor individual practices
Sick Leave — current contract provisions provide up to 18 days sick leave per year per employee — many
regard as available time off — cost Is lower productnrity or higher overtime to back fill — need new
attitude towards absenteeism and new approach to managing sick time — requires contract negotiations
with four bargaining units
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