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2012-03-26_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 26, 2012 Committee of the Whole Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&re communale au 658 -2862. 1. Call to Order 4:30 p.m. 8th Floor Boardroom City Hall 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: 1.1 Financial Matter 10.2(4)(c) 1.2 Personnel Matter 10.2(4)0) 1.3 Financial Matter 10.2(4)(c) 1.4 Financial Matter 10.2(4)(c) 1.5 Potential litigation 10.2(4)(b,g) 1.6 Legal Opinion 10.2(4)(f,g) 1.7 Legal Opinion 10.2(4)(c,f,g) 1.8 Legal Opinion 10.2(4)(c,f,g) Regular Meeting 1. Call to Order — Prayer 6:45 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of February 27, 2012 3. Adoption of Agenda Items Forwarded from March 12, 2012 Agenda 3.1 Cities of New Brunswick Recommending Council Adopt By -Law Re Jacob Brakes 3.2 3rd Field Regiment RCA Requesting Letter of Support 3.3 Canadian Aviation Historical Society Turnbull Chapter Requesting that the Link with World War Two 410 Squadron be Reestablished 4. Disclosures of Conflict of Interest 5. Consent Agenda 5 5.1 Fundy Region Solid Waste Commission 2011 Auditor's Report and Financial Statements (Recommendation: Receive for Information) 5.2 Shamrock Park Field House Fire, June 17, 2010 (Recommendation in Report) 5.3 Sale of To Be Closed Streets off Loch Lomond Road and Jean Street to Loch Lomond Villa (Recommendation in Report) 5.4 Harbour Clean Up Sanitary Lift Station 2 1 a (Recommendation in Report) 5.5 Pipeline Crossing Agreement with Maritimes & Northeast Pipeline Crossing KP96 +500 & Chesley Station (Recommendation in Report) 5.6 Land Requirements for Sanitary Lift Station #3 (Recommendation in Report) 5.7 King Street East Sanitary Lift Station #7A Abandonment of By -Law to Stop Up and Close a Portion of King Street East (Recommendation in Report) 5.8 Tenders for Chemicals 2012- 681001T, 2012- 681002T, 2012- 681003T (Recommendation in Report) 5.9 Equipment Rental Agreement - Motor Grader (Recommendation in Report) 5.10 PALS Partnership with Lorne Middle School (Recommendation: That Council approve the $1000 donation to support upcoming intiatives) 5.11 Early Termination Police Space (Recommendation in Report) 5.12 Proposed Public Hearing Date - 3 Water Street (Fundy Quay), 661 Dever Road, 4 Broadway Avenue and 191 Churchill Boulevard (Recommendation in Report) 5.13 Brentwood Crescent Storm Sewer Project Woodward Avenue Amendment of Closing Date for Bullock Estate (Recommendation in Report) 5.14 Street Naming (Recommendation in Report) 5.15 Rockwood Park Golf Course and Aquatic Driving Range Proposed 2012 Fee Structure (Recommendation: Receive for information and the Proposed 2012 Fee Structure be approved as submitted) 5.16 MacDonald Letter re Tax Dollars (Recommendation: Receive for Information) 5.17 Harbour Clean up Lift Station #5 - Stop Up and Close Portion of Gilbert Street, Formerly Gilbert's Lane (Recommendation in Report) 5.18 50+ Friendship Games (Recommendation: Provide $1000 in Funding from Unspecified Grants) 6. Members Comments 7. Proclamation 7.1 Proclamation on Tartan Day - April 5th, 2012 7.2 Proclamation on Canadian Oncology Nursing Day - April 3rd, 2012 8. Delegations / Presentations 8.1 Rockwood Park Advisory Board Presentation 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -law Amendment 549 Millidge Avenue 9.1(b) Planning Advisory Committee Report Recommending Rezoning with Section 39 Conditions 9.2(a) Proposed Zoning By -law Amendment 895 Ashburn Road 9.2(b) Planning Advisory Committee Report Recommending Rezoning Approval 9.3(a) Proposed Zoning By -Law Amendment 288 Duke Street 9.3(b) Planninig Advisory Committee Report Recommending Rezoning with Section 39 Conditions 0 9.4(a) Proposed Zoning By -law Amendment Respecting Applicationa and Confirmation Fees 9.4(b) Planning Advisory Committee Report Recommending Adjustment of Fees 10. Consideration of By -laws 10.1 Third Reading Proposed Stop Up and Close Public Street off Jean Street 10.2 Third Reading Proposed Stop Up and Close Phillip Court and Wigmore Court 10.3 Third Reading Proposed Stop Up and Close Portion of Public Street Off Loch Lomond Road 10.4(a) Third Reading Construction, Repair and Demolition of Buildings and Structures By -law Amendment 10.4(b) Planning Advisory Committee Report Recommending Amendment 11. Submissions by Council Members 11.1 Transition of Pension Plan to an RRSP Model (Councillor Higgins) 11.2 Graffiti (Councillor Norton) 11.3 Conflicts of Interest (Councillor Norton) 12. Business Matters — Municipal Officers 12.1 City Manager: 2012 Operating Budget Heritage Grant Reforms 12.2 City Manager: 2012 Utility Capital Budget 12.3 City Manager: 2011 -28: Lower Cove Loop - Sanitary Lift Station No. 9 & Force Main 12.4 City Manager: Amendment to Saint John Plumbing By -law - Fee Adjustments and By -law Housekeeping 12.5 City Manager: Proposed Mini Home on Undeveloped Section of Paisley Street 1287 Red Head Road 12.6 City Manager: Bally Desmond Subdivision Phase 3 13. Committee Reports 13.1 Committee of the Whole: Recommended Appointments to Committees 13.2 Planning Advisory Committee: Cedar Point Anchorage Subdivision, Phase 8 13.3 Planning Advisory Committee: Subdivision 11 King William Road 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 7 The City of Saint John Seance du conseil communal Le lundi 26 mars 2012 ComW pl6nier 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 seance 16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de ville Chacun des points suivants, en totalit6 ou en partie, pent faire 1'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 d6cisions a cet 6gard au cours de la s6ance publique 1.1 Question financi6re — alin&a 10.2(4)c) 1.2 Question relative au personnel — alin&a 10.2(4)j) 1.3 Question financiere — alin&a 10.2(4)c) 1.4 Question financiere — alin&a 10.2(4)c) 1.5 Litiges possibles — alin6as 10.2(4)b), g) 1.6 Avis juridique — alin6as 10.2(4)j), g) 1.7 Avis juridique — alin6as 10.2(4)c), j), g) 1.8 Avis juridique — alin6as 10.2(4)c), j), g) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 18 h 45 Salle du conseil 2. Approbation du proces- verbal 2.1 Proc6s- verbal de la seance tenue le 27 f6vrier 2012 3. Adoption de Pordre du jour Points report6s de 1'ordre du jour du 12 mars 2012 3.1 Villes du Nouveau - Brunswick recommandant au conseil d'adopter un arr&6 relativement aux freins Jacob 3.2 Demande de lettre d'appui 6mise par le 3e R6giment d'artillerie de campagne, Artillerie royale du Canada 3.3 Demande de la Canadian Aviation Historical Society (section de Turnbull) en vue de r6tablir le lien avec le 410e escadron de la Seconde Guerre mondiale 4. Divulgations de conflits d'intkrets 0 5. Questions soumises i 1'approbation du conseil 5.1 Rapport de v6rification et 6tats financiers pour 2011 de la Commission de gestion des d6chets solides de Fundy (recommandation : accepter a titre informatif) 5.2 Incendie du 17 juin 2010 au complexe sportif du parc Shamrock (recommandation figurant au rapport) 5.3 Vente de rues qui partent du chemin Loch Lomond et de la rue Jean et qui doivent titre ferm6es a Loch Lomond Villa (recommandation figurant au rapport) 5.4 Nettoyage du port — Station de rel6vement no 21 a (recommandation figurant au rapport) 5.5 Convention entre la municipalit& et la soci6t& Maritimes and Northeast Pipeline au sujet du croisement [KP96 +500] et station de relevement de la promenade Chesley (recommandation figurant au rapport) 5.6 Besoins fonciers pour la station de relevement no 3 (recommandation figurant au rapport) 5.7 Station de relevement no 7A de la rue King Est — Abandon de 1'arr&6 visant a fermer et a barrer un trongon de la rue King Est (recommandation figurant au rapport) 5.8 Soumissions 2012- 681001T, 2012- 681002T et 2012- 681003T relatives aux produits chimiques (recommandation figurant au rapport) 5.9 Contrat de location de materiel — Niveleuse (recommandation figurant au rapport) 5.10 Partenariat PALS avec Hcole interm6diaire Lorne (recommandation : Que le conseil approuve le don de 1 000 $ en vue de soutenir les prochaines initiatives) 5.11 R6siliation anticip6e relative a 1'espace occup& par le corps de police (recommandation figurant au rapport) 5.12 Date propos6e pour les audiences publiques visant le 3, rue Water (quai Fundy), le 661, chemin Dever, le 4, avenue Broadway et le 191, boulevard Churchill (recommandation figurant au rapport) 5.13 Croissant Brentwood — Projet d'&gout pluvial sur 1'avenue Woodward: Modification de la date de cl6ture pour le lotissement Bullock (recommandation figurant au rapport) 5.14 Attribution de nom de rue (recommandation figurant au rapport) 5.15 Rapport sur le terrain de golf et le champ d'exercice aquatique du pare Rockwood et grille tarifaire propos6e pour 2012 (recommandation : accepter le rapport a titre informatif et approuver la grille tarifaire propos6e pour 2012 telle qu'elle est pr&sent&e) 5.16 Lettre de MacDonald relative aux imp6ts (recommandation : accepter a titre informatif) 5.17 Fermeture et barrage d'une partie de la rue Gilbert, anciennement all6e Gilbert, dans le cadre du nettoyage du port, station de relevement no 5 (recommandation figurant au rapport) 5.18 Jeux de 1'Amiti6 des afn6s (recommandation : allouer un financement de 500 $ a partir du budget r6serv& aux subventions non sp6cifi6es) 6. Commentaires present6s par les membres 7. Proclamation 7.1 Proclamation du Jour du tartan le 5 avri12012 7.2 Proclamation de la Journ6e annuelle des soins infirmiers en oncologie du Canada le 3 avri12012 8. Delegations et presentations 8.1 Pr6sentation du Conseil consultatif du pare Rockwood D 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arrete de zonage visant le 549, avenue Millidge 9. lb) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par Particle 39 9.2a) Projet de modification de 1'Arrete de zonage visant le 895, chemin Ashburn 9.2b) Rapport du Comite consultatif d'urbanisme recommandant 1'approbation du rezonage 9.3a) Projet de modification de 1'Arrete de zonage visant le 288, rue Duke 9.3b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par Particle 39 9.4a) Projet de modification de 1'Arrete de zonage visant les frais lies a la demande et a la confirmation 9.4b) Rapport du Comite consultatif d'urbanisme recommandant le rajustement des frais 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet concernant la fermeture et le barrage de routes — rue publique partant de la rue Jean 10.2 Troisieme lecture du projet concernant la fermeture et le barrage de routes — Impasse Phillip et impasse Wigmore 10.3 Troisieme lecture du projet concernant la fermeture et le barrage de routes — trongon d'une rue publique partant du chemin Loch Lomond 10.4a) Troisieme lecture de 1'Arrete modifiant 1'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures 10.4b) Rapport du Comite consultatif d'urbanisme recommandant de proceder a une modification 11. Interventions des membres du conseil 11.1 Transition du regime de retraite vers un modele de REER (conseillere Higgins) 11.2 Graffitis (conseiller Norton) 11.3 Conflits d'interets (conseiller Norton) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Budget d'exploitation 2012 — reformes concernant le patrimoine 12.2 Directeur general : Budget d'immobilisations d'eau et d'egout pour 2012 12.3 Directeur general : 2011 -28 : Lower Cove Loop — Station de relevement n° 9 et conduit d'eau principale 12.4 Directeur general : Modification de 1'Arrete concernant la plomberie — Rajustements des frais et administration de 1'arrete 12.6 Directeur general : Phase 3 du lotissement Bally Desmond 12.5 Directeur general : Projet relatif a la construction d'une mini - maison sur une parcelle de terrain non amenagee de la rue Paisley, a savoir au 1287, chemin Red Head 13. Rapports deposes par les comites 13.1 Comite plenier : Recommandations de nominations pour sieger aux comites 13.2 Comite consultatif d'urbanisme : Phase 8 du lotissement Cedar Point Anchorage 13.3 Comite consultatif d'urbanisme : Lotissement au 11, chemin King William 10 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 16. Levee de la seance 11 I 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 2012/LE 27 FEVRIER 2012 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 27, 2012 - 6:45 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Norton, Snook, Sullivan, and Titus - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; K Rice, Deputy Commissioner of Municipal Operations; K. Forrest, Commissioner of Growth and Development Services; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; J. Fleming, Police Staff Sergeant; K. Clifford, 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 27 FEVRIER 2012 A 18 H 45 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, McGuire, Norton, Snook, Sullivan, Titus et la conseillere Higgins -et- P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux services financiers et administratifs; K. Rice, commissaire aux Operations municipales; K. Forrest, commissaire aux services de developpement et de croissance; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; J. Flemming, sergent d'etat -major du Service de police; K. Clifford, chef du service d'incendie; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Reverend Wally Corey of the Stone Church offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. Le pasteur Wally Corey, de I'eglise Stone, recite la priere d'ouverture. 2. Approval of Minutes 2. Approbation du proces- verbal 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of Item 13.2 Committee of the Whole: Appointments to Committees; 13.3 Committee of the Whole: Appointment of Commissioners; 13.4 Committee of the Whole: Appointment of a Fire Chief; 13.5 Committee of the Whole: Termination — Employee #2381; 13.6 Committee of the Whole: Water Committee Advice and Support; 13.7 Committee of the Whole: Career Transition Funding for Employee #2447; 13.8 Committee of the Whole: Existing Litigation. Question being taken, the motion was carried. 12 96- COMMON COUNCIUCONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que l'ordre du jour de la presente reunion soit adopte, moyennant 1'ajout du point 13.2 Comite plenier : Nominations aux comites; 13.3 Comite plenier : Nomination des commissaires; 13.4 Comite plenier : Nomination d'un chef du service d'incendie; 13.5 Comite plenier : Cessation d'emploi pour 1'employe n° 2381; 13.6 Comite plenier : Saint John Water — Conseils et soutien; 13.7 Comite plenier : Financement de la reorientation professionnelle de 1'employe n° 2447; 13.8 Comite plenier : Litiges existants. A ('issue du vote, la proposition est adoptee. 13.3 Committee of the Whole: Appointment of Commissioners On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report entitled Commissioner Appointments that Common Council adopt the following recommendations in order to make the appointments to the positions of Commissioner Growth and Development Services, Commissioner Finance and Administrative Services, Commissioner of Transportation and Environment and City Engineer and Commissioner of Strategic Services; RESOLVED that the submitted job descriptions for the positions of Commissioner Growth and Development Services, Commissioner Finance and Administrative Services, Commissioner of Transportation and Environment and City Engineer and Commissioner of Strategic Services be approved, and; RESOLVED that the position of Commissioner of Finance is hereby deleted from the City Establishment; that the position of Commissioner of Finance and Administrative Services is hereby added to the City Establishment and further that Gregory Yeomans is hereby appointed to the position of Commissioner of Finance and Administrative Services pursuant to Section 74 of the Municipalities Act upon his same terms and conditions of employment at his current Group and Step in the Management Pay Scale, and; RESOLVED that the position of Commissioner of Planning and Development is hereby deleted from the City Establishment; that the position of Commissioner of Growth and Development Services is hereby added to the City Establishment and that Mr. Ken Forrest is hereby appointed to the position of Commissioner of Growth and Development Services, upon his same terms and conditions of employment and at Group 9 and Step F in the Management Pay Scale, and; RESOLVED that the position of Commissioner of Corporate Services is hereby deleted from the City Establishment; that the position of Commissioner of Strategic Services is hereby added to the City Establishment and further that Ms. Jacqueline Hamilton is hereby appointed to the position of Commissioner of Strategic Services upon her same terms and conditions of employment and at Group 9, Step B in the Management Pay Scale, and; RESOLVED that the position of Commissioner of Buildings and Inspection Services is hereby deleted from the City Establishment: that the position of Commissioner of Transportation and Environment Services and City Engineer is hereby added to the establishment and further that Mr. William Edwards is hereby appointed to the position of Commissioner of Transportation and Environment Services and City Engineer pursuant to Section 74 of the Municipalities Act at Group 9 and Step F in the Management Pay Scale. voting nay. Question being taken, the motion was carried with Councillor Higgins 13 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 2012/LE 27 FEVRIER 2012 13.3 Com1te plenier : Nomination des commissaires Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule Nominations des commissaires, le conseil communal adopte les recommendations suivantes pour approuver les nominations aux postes de commissaire aux services de croissance et de developpement, de commissaire aux services financiers et administratifs, de commissaire aux services de transport et d'environnement et d'ingenieur municipal, et de commissaire aux services strategiques; RESOLU QUE les descriptions de travail presentees pour les postes de commissaire aux services de croissance et de developpement, de commissaire aux services financiers et administratifs, de commissaire aux services de transport et d'environnement et d'ingenieur municipal, et de commissaire aux services strategiques soient approuvees; RESOLU que le poste de commissaire aux finances soit par les presentes supprime des effectifs municipaux, que le poste de commissaire aux services financiers et administratifs soit par les presentes ajoute aux effectifs municipaux et que Gregory Yeomans soit par les presentes nomme au poste de commissaire aux services financiers et administratifs conformement a I'article 74 de la Loi sur les municipalites selon les memes conditions de travail qu'il remit pour son echelon et son groupe actuel de I'echelle de remuneration des cadres; RESOLU que le poste de commissaire au service Urbanisme et developpement soit par les presentes supprime des effectifs municipaux, que le poste de commissaire aux services de developpement et de croissance soit par les presentes ajoute aux effectifs municipaux et que M. Ken Forrest soit par les presentes nomme au poste de commissaire aux services de developpement et de croissance, selon les memes conditions de travail qu'il regoit et a 1'echelon F du groupe 9 de 1'echelle de remuneration des cadres; RESOLU que le poste de commissaire aux services administratifs soit par les presentes supprime des effectifs municipaux, que le poste de commissaire aux services strategiques soit par les presentes ajoute aux effectifs municipaux et que Mme Jacqueline Hamilton soit par les presentes nommee au poste de commissaire aux services strategiques, selon les memes conditions de travail qu'elle recoit et e 1'echelon B du groupe 9 de 1'echelle de remuneration des cadres; RESOLU que le poste de commissaire aux services d'inspection et des batiments soit par les presentes supprime des effectifs municipaux, que le poste de commissaire aux services de transport et d'environnement et d'ingenieur municipal soit par les presentes ajoute aux effectifs municipaux et que M. William Edwards soit par les presentes nomme au poste de commissaire aux services de transport et d'environnement conformement a I'article 74 de la Loi sur les municipalites et a 1'echelon F du groupe 9 de 1'echelle de remuneration des cadres. A Tissue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 13.4 Committee of the Whole: Appointment of a Fire Chief On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Kevin Clifford is hereby appointed to the position of Fire Chief for the City of Saint John at Group 9 Step B of the Management Pay Scale. voting nay. Question being taken, the motion was carried with Councillor Farren 14 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 2012lLE 27 FEVRIER 2012 13.4 Comite plenier : Nomination d'un chef du service d'incendie Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que Kevin Clifford soit par les pr6sentes nomme au poste de chef du service d'incendie pour The City of Saint John, a 1'6chelon B du groupe 9 de 1'6chelle de r6mun6ration des cadres. A Tissue du vote, la proposition est adopt6e. Le conseiller Farren vote contre la proposition. 9. Public Hearings 9.1(a) Proposed Zoning ByLaw Amendment— 8 Rockwood Ave. 9.1(b) Request to Withdraw Application The Common Clerk advised that the applicant, Haldor (1972) Ltd_, submitted a letter dated February 16, 2012 requesting to withdraw the rezoning application for the property located at 8 Rockwood Avenue. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submitted letter from Haldor (1972) Ltd, dated February 16, 2012, requesting to withdraw the rezoning application for 8 Rockwood Avenue, be accepted. Question being taken, the motion was carried. 9. Audiences publiques 9.1a) Projet de modification de I'Arrete de zonage visant le 8, avenue Rockwood 9.1 b) Demande de retrait de la demande La greffiere communale indique que Haldor (1972) Ltd., le demandeur cherchant a acquerir la propri6te situ6e au 8, avenue Rockwood, a fait parvenir une lettre datee du 16 fevrier 2012 dans laquelle it demande le retrait de la demande de rezonage. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la lettre presentee par Haldor (1972) Ltd., datee du 16 fevrier 2012, requ6rant le retrait de la demande de rezonage visant la propri6te situ6e au 8, avenue Rockwood, soit acceptee. A ('issue du vote, la proposition est adopt6e. 9.2(a) Proposed Zoning ByLaw Amendment — 548 -550 Milford Rd 9.2(b) Planning Advisory Committee Report Recommending Re- Zoning be Denied The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3200 square metres, located at 548/550 Milford Road, also identified as being PID Number 00405399, from "B -1" Local Business to "B -2" General Business, with letters of opposition received by the Planning and Development Department. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staffs report considered at its February 21, 2012 meeting at which time the Committee recommended denial of the rezoning of a parcel of land located at 548 -550 Milford Road. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. 15 96- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3200 square metres, located at 548/550 Milford Road, also identified as being PID Number 00405399, from "B -1" Local Business to "B -2" General Business, be denied. Question being taken, the motion was carried. 9.2a) Projet de modification de I'Arrete de zonage visant Iles 548 -550, chemin Milford 9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rejet de la demande de zonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 3 200 metres carres situee aux 548 -550, chemin Milford et portant le NID 00405399 afin de faire passer la classification s'y rapportant de zone commerciale locale « B -1 » a zone commerciale generale « B -2 », et que des lettres d'opposition ont 6te reques par le service Urbanisme et developpement. Un examen a egalement ete effectue concernant un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 21 fevrier 2012, au cours de laquelle le Comite a decide de recommender le rejet du rezonage dune parcelle de terrain situee aux 548 -550, chemin Milford, telle qu'elle est decrite ci- dessus. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que 1'arr6te intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee aux 548 -550, chemin Milford, d'une superficie approximative de 3 200 metres carres, inscrite sous le NID 00405399, afin de la faire passer de zone commerciale locale « B -1 » a zone commerciale generale « B -2 », soit refusee. A ('issue du vote, la proposition est adoptee. 9.3(a) Proposed Section 39 Amendment —1120 Loch Lomond Rd 9.3(b) Planning Advisory Committee Report Recommending Section 39 Amendments The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the December 17, 1979, July 28, 1980 and December 22, 1986 rezoning of the property located at 1120 Loch Lomond Road, also identified as PID Number 55146120, as amended on May 7, 1990, October 25, 1993 and November 16, 1998 to permit the development of two commercial buildings, having a total gross floor area of approximately 2000 square metres, beside the existing hardware store. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staffs report considered at its February 21, 2012 meeting at which the Committee recommended the amendment of the existing Section 39 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. 16 96- COMMON COUNCIUCONSEIL COMMUNAL FEBRUARY 27, 2012 /LE 27 FEVRIER 2012 The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that Common Council amend the Section 39 conditions imposed on the December 17, 1979, July 28, 1980 and December 22, 1986 rezonings of the property located at 1120 Loch Lomond Road, also identified as PID Number 55146120, as amended on May 7, 1990, October 25, 1993 and November 16, 1998 by replacing them with the following: a) All parking areas, loading areas, vehicle manoeuvring areas and driveways must be paved with asphalt. b) All paved areas must be enclosed with continuous cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage. c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. d) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. e) Electrical and telecommunications services be provided underground. f) Exterior light standards must direct light down onto the parking area and not toward adjacent properties. g) Any areas utilized for the storage of refuse or composting, including areas for the location or commercial waster bins, shall be fully screened by an opaque fence at least 2 metres in height. Further, waste is not to be piled higher than the required screening. h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, refuse / solid waste containers and other site features. i) The approved plans referred to in conditions (c) and (h) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and /or foundation only; j) All site improvements shown on the approved site and drainage plans (other than landscaping) shall be completed prior to the issuance of an occupancy permit for any part of the building; and the landscaping must be completed within one year of building permit approval. Question being taken, the motion was carried. The Clerk advised that the submitted report from the Planning Advisory Committee contains a second recommendation from the committee for Council not to assent to subdivision plans for the subject property. Mr. Forrest advised that the Planning Advisory Committee recommended denial of the subdivision plan requested and that the applicant submit a revised plan that meets all of the city's requirements. He stated that it would be appropriate to concur with the recommendation of the Planning Advisory Committee. 17 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 On motion of Councillor Farren Seconded by Councillor Norton RESOLVED: 2) That Common Council not assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Scott Bros. Limited Tentative Plan located at 1120 Loch Lomond Road, with respect to any required municipal services easements and public utility easements. Question being taken, the motion was carried. 9.3a) Projet de modification des conditions imposees par I'article 39 visant le 1120, chemin Loch Lomond 9.3b) Rapport du Comite consultatif d'urbanisme recommandant les modifications des conditions imposees en vertu de I'article 39 La greffiere communale indique que les avis requis ont ete publies en ce qui a trait a la modification proposee des conditions imposees par I'article 39 le 17 decembre 1979, le 28 juillet 1980 et le 22 decembre 1986, relativement aux rezonages de la propriete situee au 1120, chemin Loch Lomond, inscrite sous le NID 55146120, et modifiees par la suite le 7 mai 1990, le 25 octobre 1993 et le 16 novembre 1998 afin de permettre la construction de deux batiments commerciaux, dont I'aire de plancher brute totale est d'environ 2 000 metres carres, a cote de la quincaillerie actuelle. Un examen a egalement ete effectue concernant un rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, qui a fait i'objet d'un examen lors de la seance du 21 fevrier 2012 au cours de laquelle le Comite a choisi de recommander la modification des conditions en vigueur a I'heure actuelle en vertu de ['article 39. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que le conseil communal modifie les conditions imposees par ]'article 39 les 17 decembre 1979, 28 juillet 1980 et 22 decembre 1986 relativement aux rezonages de la propriete, situee au 1120, chemin Loch Lomond et portant le NID 55146120, et modifiees par la suite le 7 mai 1990, le 25 octobre 1993 et le 16 novembre 1998, en remplagant les conditions existantes par le Iibe[16 suivant : a) toutes les aires de stationnement, de chargement et de manoeuvre ainsi que les voies d'acces doivent titre asphaltees; b) toutes les aires asphaltees doivent titre entourees de bordures continues de beton coulees sur place pour proteger les espaces paysagers et faciliter le drainage; c) le promoteur doit assurer des installations adequates de drainage, y compris des puisards, conformement a un plan de drainage detaille dresse par le requerant et sujet a I'approbation de I'ingenieur municipal en chef ou de son representant; d) le promoteur doit prevoir I'amenagement paysager des aires amenagees de 1'emplacement ou it n'y a pas de batiments, de voies d'acces, d'allees pi6tonnieres et d'aires de stationnement ou de chargement. L'amenagement paysager doit se prolonger sur le droit de passage municipal jusqu'a la bordure de la rue ou du trottoir; e) des reseaux d'eiectricite et de telecommunications souterrains doivent We fournis; f) la lumiere des lampadaires exterieurs doit titre dirigee de fagon a eclairer le terrain de stationnement et non les proprietes adjacentes; g) tous les secteurs destines a 1'entreposage ou au compostage, y compris les secteurs prevus pour ['emplacement des poubelles commerciales, doivent titre caches par une cloture opaque dune hauteur d'au moins deux metres. De plus, les piles de dechets ne doivent pas titre plus hautes que les grillages requis. in 96- COMMON COUNCIL/CONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 h) 1'emplacement doit titre amenage conformgment aux plans de situation, d'amenagement paysager et d'elevation detailles, prepares par le promoteur et sous reserve de ['approbation de I'agent d'amenagement, indiquant 1'emplacement de tous les batiments, les sires de stationnement, les voies d'acces, les aires de chargement, les aff iches, 1'eclairage exterieur, les materiaux exterieurs des batiments et la finition, les espaces paysagers, les recipients a dechets solides et les autres caracteristiques de 1'emplacement; i) les plans approuvgs mentionnes aux conditions c) et h) ci- dessus doivent accompagner la demande d'un permis de construction relativement A I'amenagement, A 1'exception des demandes de permis qui ne visent que les travaux de preparation du terrain et de la fondation, pour lesquels lesdits plans ne sont pas exiggs; j) toutes les ameliorations indiquees sur les plans de situation et de drainage (autres que les plans d'amenagement paysager) doivent titre terminees avant 1'emission d'un permis d'occuper pour toute partie du batiment, et I'amgnagement paysager doit titre terming dans un dglai d'un an a compter de la date d'approbation du permis de construction. A ('issue du vote, la proposition est adoptee. La greffiere indique que le rapport present& par le Comite consultatif d'urbanisme comprend une seconde recommandation que le conseil ne donne pas son aval aux plans de lotissement de la proprigte concernee. M. Forrest indique que le Comite consultatif d'urbanisme a recommande le rejet du plan de lotissement demand& et que le requerant presente un plan revise qui repond A toutes les exigences de la vide. 11 precise qu'il serait approprie d'approuver la recommandation du Comite consultatif d'urbanisme. Proposition du conseiller Farren Appuy &e par le conseiller Norton RESOLU que 2) le conseil communal n'approuve pas le ou les plans de lotissement en une ou plusieurs phases conformgment, de maniere generale, au plan provisoire reduit presente relativement au lotissement Scott Bros. situ& au 1120, chemin Loch Lomond, aux fins de tout service municipal et d'utilitg publique requis. A ('issue du vote, la proposition est adoptee. 9.4(a) Proposed Section 39 Amendment —101 Kennedy Street 9.4(b) Planning Advisory Committee Report Recommending Section 39 Amendments The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the June 10, 1992 rezoning of the property located at 101 Kennedy Street, also identified as PID Number 55214738, as amended on April 14, 2008, to permit the development of a sewage pumping station. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staffs report considered at its February 21, 2012 meeting at which the Committee recommended the amendment of the existing Section 39 conditions. 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 no one presenting. On motion of Councillor Sullivan Seconded by Councillor Court RESOLVED that Common Council amend the Section 39 conditions imposed on the June 10, 1992 rezoning of the property located at 121 Kennedy Street (formerly part of 101 Kennedy Street), also identified as PID 19 9G- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 Number 55214738, by deleting the existing conditions and replacing them with the following: a. The use of the site is restricted to a wastewater lift station; b. That the proponent prepare building elevation drawings for all four facades of the building which are subject to the approval of the Development Officer, prior to issuance of a building permit for the lift station and all work shown on the plans must be completed within one year of issuance of the building permit; and c. That a site stormwater management plan and a final lot grading plan for the proposed lift station site are prepared by the proponent, subject to the approval of the Chief City Engineer or his designate. These plans must be attached to the application for a building permit and work shown on the plans must be completed within one year of issuance of the building permit. Question being taken, the motion was carried. 9.4a) Modification proposee aux conditions imposees en vertu de I'article 39 relativement au 101, rue Kennedy 9.4b) Rapport du Comite consultatif d'urbanisme recommandant les modifications des conditions imposees en vertu de I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification proposee en vertu de I'article 39 modifiant les conditions imposees le 10 juin 1992 relativement au rezonage de la propriete situee au 101, rue Kennedy, inscrite sous le NID 55214738, modifiees le 14 avril 2008 afin de permettre la construction d'une station de pompage d'eaux d'egout. Un examen a egalement ete effectue concernant un rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, qui a fait ['objet d'un examen lors de la seance du 21 fevrier 2012 au cours de laquelle le Comite a choisi de recommander la modification des conditions en vigueur A I'heure actuelle en vertu de ['article 39. Le maire invite le public A exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. Proposition du conseiller Sullivan Appuyee par le conseiller Court RESOLU que le conseil communal modifie les conditions imposees par I'article 39 le 10 juin 1992, relativement au rezonage de la propriete, situee au 121, rue Kennedy (faisait anciennement partie du 101, rue Kennedy) et portant le NID 55214738, en supprimant les conditions existantes et en les remplagant par le libelle suivant : a. l'utilisation de 1'emplacement sera limitee A une station de relevement des eaux usees; b. le demandeur preparers les dessins des plans d'e[evation pour les quatre facades du batiment, lesquels sont sous reserve de ['approbation de I'agent d'amenagement, avant la date d'approbation du permis de construction pour la station de relevement. En outre, tous les travaux devront 8tre termines dans un delai d'un an a compter de la date d'approbation du permis de construction; c. un plan de gestion des eaux de ruissellement du site et un plan de nivellement du terrain final pour 1'emplacement de la station de relevement propose doivent etre prepares par le promoteur et assujettis a I'approbation de I'ingenieur municipal en chef ou de son representant. Ces plans doivent accompagner la demande de permis de construction et les travaux qui y sont indiques doivent etre acheves dans un delai d'un an a compter de la date de delivrance du permis de construction. A ['issue du vote, la proposition est adoptee. 20 96- COMMON COUNCIL/CONSEIL COMMUNAL FEBRUARY 27, 2012/LE 27 FEVRIER 2012 9.5(a) Proposed By -Law Amendment Stop Up and Close a portion of Saddlebrook Court 9.5(b) City Manager: Saddlebrook Court — Stop Up and Close 9.5(c) Letter of Opposition 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 Saddlebrook Court, by adding thereto Section 225 immediately after Section 224 thereof, with a letter of opposition received. The Common Clerk advised that she received a late submission on behalf of Gabby Holding Ltd. requesting that this item be referred to Legal Session. A motion to refer the matter to the City Solicitor was withdrawn by the mover and seconder. The City Solicitor stated that there is no risk posed to the City by proceeding with the public hearing and he suggested that the matter be referred to him for a legal opinion at the conclusion of the hearing, noting that once Council receives his report it could make further decisions at that time. The Mayor called for members of the public to speak against the proposed amendment with Wayne McKinney, Manager and Director of Gabby Holdings Ltd., noting that he is opposed to the street closure; he suggested that the matter not be dealt with in legal session. The Mayor called for members of the public to speak in favour of the proposed amendment with no one appearing. On motion of Councillor Farren Seconded by Councillor McGuire 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 Saddlebrook Court by adding thereto Section 225 immediately after Section 224 thereof, be read a first time. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Sullivan and Titus voting nay. 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 McGuire 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 Saddlebrook Court by adding thereto Section 225 immediately after Section 224 thereof, be read a second time. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Sullivan and Titus voting nay. 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." On motion of Deputy Mayor Chase Seconded by Councillor Norton RESOLVED that the letters received from Gorman Nason Lawyers dated February 24, 2012 and February 27, 2012 respectively be referred to the City Solicitor for a report and recommendation. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting) 21 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 9.5a) Projet de modification de I'Arrete concernant la fermeture et le barrage de routes — tron(;on de la cour Saddlebrook 9.5b) Directeur general : Fermeture et barrage de la cour Saddlebrook 9.5c) Lettre d'opposition La greffiere communale indique que fes avis requis ont ete publies relativement au projet de modification de I'Arrete concernant la fermeture et le barrage de routes — trongon de la cour Saddlebrook, I'article 225 ayant ete ajoute immediatement apres ['article 224, et qu'une lettre d'opposition a ete revue a cet egard. La greffiere communale indique qu'elle a requ une proposition soumise apres la date d'echeance au nom de Gabby Holding Ltd. que ce point soit reporte a la seance juridique. La proposition voulant que cette question soit soumise a I'avocat municipal est retiree par le proposeur et I'appuyeur. L'avocat municipal indique qu'il n'y a aucun risque pour la Ville de proceder a une audience publique et it propose que la question lui snit transmise pour qu'il presente une opinion ecrite une fois ['audience terminee, faisant observer qu'une fois que le Conseil recevra son rapport, it lui sera loisible de prendre d'autres decisions a ce moment -IA. Le maire invite le public a exprimer son opposition quant a la modification proposee et Wayne McKinney, directeur et administrateur de Gabby Holdings Ltd. indique qu'il s'oppose A la fermeture de la rue et suggere que la question soit traitee en seance juridique. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete sur ('interruption de Ia circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de la cour Saddlebrook par I'ajout de I'article 225 a la suite de I'article 224, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers Sullivan et Titus votent contre la proposition. Premiere lecture par titre de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller McGuire 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 cour Saddlebrook par I'ajout de I'article 225 A la suite de ['article 224, fasse I'objet d'une deuxieme lecture. A l'issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers Sullivan et Titus votent contre la proposition. Deuxieme lecture par titre de I'arrete intitule « Arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du maire suppleant Chase Appuyee par le conseiller Norton RESOLU que les lettres revues de la part du cabinet d'avocats Gorman Nason datees du 24 fevrier et du 27 fevrier 2012 respectivement soient envoyees a l'avocat municipal aux fins de preparation d'un rapport et dune recommandation. A ['issue du vote, la proposition est adoptee. (Le maire suppleant Chase quitte la seance.) 22 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 2012/LE 27 FEVRIER 2012 10. Consideration of By -laws 10.1 Third Reading — Stop Up and Close a Portion of Ludlow Street On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," with regard to Ludlow Street, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," was read in its entirety. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," with regard to Ludlow Street, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 10. Etude des arretes municipaux 10.1 Troisieme lecture de I'Arrete concernant la fermeture et le barrage de routes — Trongon de la rue Ludlow Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete no M -23, Arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a la rue Ludlow fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. Uarrete intitule « Arrete no M -23, Arrete modifiant I'AmM6 sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John », est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete no M -23, Arrete modifiant I'Arrete sur ('interruption de la circulation et is fermeture des routes dans The City of Saint John », relativement a la rue Ludlow, fasse ('objet dune troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no M -23, Arrete modifiant I'arrete sur ('interruption de la circulation et la fermeture de routes dans The City of Saint John ». 3.1 Heritage Development Awards Referring to a submitted report, Leona Laracey, Chair of the Heritage Development Board, presented the 2012 Heritage Development awards. 3.1 Prix d'amenagement du patrimoine Se reportant a un rapport depose anterieurement, Leona Laracey, presidente du Conseil d'amenagement du patrimoine, presente les prix d'amenagement du patrimoine 2012. 23 96- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2012- 036: Design and Construction Management: Honeysuckle /Sherbrooke Drainage Basin Storm Sewer Improvements that the proposal from Dillon Consulting Limited for engineering services (design and construction management) for the Honeysuckle / Sherbrooke Drainage Basin Storm Sewer Improvements project be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. 5.2 That as recommended by the City Manager in the submitted report M &C 2012- 034: Public Information Session: Chesley Drive - Sanitary Lift Station 10A, Force Main and Sewer - Harbour Clean -Up Construction Project that this report be received and filed. 5.3 That as recommended by the City Manager in the submitted report M &C 2012- 037: Proposed Public Hearing Date: 895 Ashburn Road, 288 Duke Street and 549 Millidge Avenue that Common Council schedule the public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. (895 Ashburn Road), John Howard Society (288 Duke Street) and Michiko Gehrig (549 Millidge Avenue) for Monday, March 26, 2012 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.4 That as recommended by the City Manager in the submitted report M &C 2012- 035. Assent of a Municipal Services Easement - 250 Bayside Drive that Common Council assent to the submitted Irving Oil Limited Subdivision with respect to the proposed municipal services easement. 5.5 That the letter from Pat Dashwood dated February 6, 2012, be received for information. On motion of Councillor Titus Seconded by Councillor McGuire 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 ]'approbation du conseil 5.1 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitule MIC 2012 -036 . Gestion de la conception et de la construction: Modernisation du reseau d'egout pluvial du bassin versant du secteur Honeysuckle/Sherbrooke, la proposition presentee par Dillon Consulting Limited relative aux services techniques (gestion de la conception et de la construction) dans le cadre du projet de modemisation du r6seau d'6gout pluvial du bassin versant du secteur Honeysuckle /Sherbrooke soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. 5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule MIC 2012 -034: Seance d'information publique : Station de relevement n° 10A de la promenade Chesley — Conduite d'eau principale et 6gout sanitaire dans le cadre du projet de construction et de nettoyage du port, le rapport en question soft accepte et classe. 5.3 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitule MIC 2012 -037: Date proposee pour la tenue d'audiences publiques visant les.- 895, chemin Ashburn, 288, rue Duke et 549, avenue Millidge, le conseil communal prevoit les audiences publiques relatives aux demandes de rezonage de Hughes Surveys & Consultants Inc., situee au 895, chemin Ashburn, de John Howard Society, situee au 288, rue Duke et de Michiko Gehrig, situee au 549, avenue Millidge, le lundi 26 mars 2012 a 19 h dans la salle du conseil et que les demandes soient soumises au Comit6 consultatif d'urbanisme aux fins de la presentation d'un rapport et de recommandations. 24 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 5.4 Que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2012 -035: Approbation dune servitude aux fins de services municipaux visant le 250, promenade Bayside, que le conseil communal approuve le plan de lotissement r6duit pr&sent6 relatif a la propri6t6 appartenant a Irving Oil Limited par rapport a la servitude propos6e aux fins de services municipaux. 5.5 Que la lettre de M. Pat Dashwood dat6e du 6 f6vrier 2012 soit accept6e a titre i nformatif. Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que la recommandation formul6e pour chacune des questions soumises a I'approbation du conseil soit adopt6e. A ('issue du vote, la proposition est adopt6e. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activit6s communautaires. 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8.1 Enterprise Saint John Referring to a submitted presentation, Tony Goguen, Chair of Enterprise Saint John, and Steve Carson, CEO, outlined the activities undertaken by the organization in 2011 and they presented Enterprise Saint John's strategic direction and 3 year objectives. 8. D616gations et presentations 8.1 Enterprise Saint John Faisant r6f6rence a une pr6sentation ant6rieure, Tony Goguen, president d'Entreprise Saint John, et Steve Carson, president- directeur g6ndral, exposent les grandes lignes des activit6s entreprises par I'organisme en 2011 et pr6sentent ('orientation strat6gique d'Entreprise Saint John et ses objectifs sur une p6riode de trois ans. 11. Submissions by Council Members 11.0 Rockwood Park Advisory Board Request to Present (Mayor Court) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Common Clerk be directed to schedule a presentation with the Rockwood Park Advisory Board on March 26, 2012_ Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.0 Demands presentee par Is Conseil consultatif du part Rockwood visant a se presenter devant Is conseil (maire Court) Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que la greffi6re communale soft charg6e de fixer une pr6sentation aupr6s du Conseil consultatif du part Rockwood le 26 mars 2012. A ('issue du vote, la proposition est adopt6e. 25 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 11.1 Pension Reform Advocacy Plan (Councillor McGuire) Tabled Feb 13, 2012 On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that item 11.1 Pension reform Advocacy Plan be lifted from the table. Question being taken, the motion was carried. Councillor McGuire requested that Council consider tabling the motion to a later time. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that item 11 A Pension reform Advocacy Plan be tabled to a subsequent meeting. Question being taken, the motion was carried. 11.1 Plan d'action relatif a la reforme du regime de retraite (conseiller McGuire) — Point reports lors de la reunion du 13 fevrier 2012 Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que le point 11.1 Plan d'action relatif a la reforme du regime de retraite soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Le conseiller McGuire demande au conseil d'envisager le report de la proposition a une date ulterieure. Proposition du conseiller McGuire Appuyee par le conseiller Titus R�SOLU que le point 11.1 Plan d'action relatif a la reforme du regime de retraite soit reports a une seance ulterieure. A ]'issue du vote, la proposition est adoptee. 11.2 Speed Limits on Westfield Road (Councillor Farren) On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the City Manager be directed to examine the speed limits on the Westfield Road from the Co -op to the new section at the Saint John Marina and report back to Council whether this entire section can be changed to 50 km per hour. Question being taken, the motion was carried. 11.2 Limites de vitesse sur le chemin Loch Westfield (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le directeur general soit charge d'examiner la limite de vitesse sur le chemin Westfield de la Co -op jusqu'e la nouvelle section de la marina de Saint John et de presenter un rapport au conseil sur la question de savoir si la vitesse de toute cette section peut etre r6duite a 50 km /h. A ('issue du vote, la proposition est adoptee. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that item 13.6 Committee of the Whole: Water Committee Advice and Support be moved forward on the agenda. Question being taken, the motion was carried. 26 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le point 13.6, rapport du comite plenier : Saint John Water — Conseils et soutien, soit avance daps I'ordre du jour. A Tissue du vote, la proposition est adoptee. 13.6 Committee of the Whole: Water Committee Advice and Support On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the Agreement between the City and W.J. Hargrave & Company Inc. authorized by Common Council on the 19th day of December, 2011 be amended by stipulating that the Consultant shall provide Services to the City of Saint John Water Committee (the Committee) in connection with the Action Plan for Safe Clean Drinking Water and also by providing that the Consultant shall assure, in consultation with the City Engineer that all work related to, and the delivery of all Services whether to the Committee or to the Civic Administration are undertaken and delivered in a coordinated and integrated fashion. Question being taken, the motion was carried with Councillor Higgins voting nay. 13.6 Comite plenier : Saint John Water— Conseils et soutien Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'entente intervenue entre la Ville et W.J. Hargrave & Company Inc. autorisee par le conseil communal le 19 decembre 2011 soit modif[ee en stipulant que le conseiller devra fournir des services au Comite forme de membres de Saint John Water (le Comite) relativement au plan d'action pour la salubrite et la proprete de 1'eau potable et en indiquant que le conseiller devra s'assurer, en consultation avec I'ingenieur municipal, que tous les travaux qui y sont lies ainsi que la prestation de tous les services, que ce soit au Comite ou A I'administration municipale, soient entrepris et livres de maniere integree et coordonnee. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 11.3 Safe, Clean Drinking Water— A Path Forward (Councillor Titus) The Mayor and Councillor Titus advised that the proposed motion for item 11.3 Safe, Clean Drinking Water — A Path Forward was addressed in the resolution for item 13.6 Committee of the Whole: Water Committee Advice and Support. 11.3 Salubrite et proprete de I'eau potable — La voie a suivre (conseiller Titus) Le maire et le conseiller Titus indiquent que la proposition presentee pour le point 11.3 Salubrite et proprete de 1'eau potable — La voie A suivre a ete abordee a ['occasion de la resolution relative au point 13.6, Comite plenier : Saint John Wafer — Conseils et soutien. 11.4 Second Annual Volunteer Recognition Event (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that the letter from Councillor Snook entitled Second Annual Volunteer Recognition Event, be received for information. Question being taken, the motion was carried. 11.4 Deuxieme evenement annuei relatif a la reconnaissance des benevoles (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLLI que la lettee du conseiller Snook intitulee « Deuxieme evenement annuel relatif a la reconnaissance des benevoles » soit acceptee a titre informatif. A ['issue du vote, la proposition est adoptee. 27 96- COMMON COUNCIUCONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 12.1 City Manager: 2012 General Capital Budget The Common Clerk advised that Council previously approved the Saint John Information Management Project as part of the previous capital budget. Ms. Gormley stated that on page 13 of Appendix A in the submitted report it describes "MGMNT TNFI systems" and she requested that term be substituted with Saint John Information Management Project to properly reflect the work of the project. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the submitted 2012 Capital budget be amended by substituting the description "MGMNT TNFI systems" appearing in Appendix A on line 6 of page 13 with "Saint John Information Management Project" Question being taken, the motion was carried. Referring to a submitted report and presentation, Mr. Forrest outlined the proposed 2012 General Capital Budget and responded to questions. Councillor Titus suggested that Council be provided with additional time to consider the proposed budget, adding that there are projects that he would like to see included in the budget. Councillor Farren stated that there are projects that he would like to see included in the budget, noting that he has concerns with fleet replacement. Councillior Court advised that he does not agree with all of the proposed capital expenditures, suggesting that some of the funds could be used towards road repairs. Responding to a question, the City Solicitor stated that the term Provincially designated highways is a misnomer as it would lead one to conclude that the Province has some responsibility for these roads. He stated that his research has shown that the responsibility for some time has been solely that of the City of Saint John, adding that the Province has divested itself of the responsibility that it at one time had. On motion of Councillor Norton Seconded by Councillor Sullivan RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -033: 2012 General Capital Budget, with the exception of project # 24, Barge Facility, appearing in Appendix D: 1. That Common Council, Approve the 2012 Capital Budget for the General Fund in the amount of $16,030,302 (gross) with contributions from other sources of $4,814,202 yielding a capital budget in the amount of $11,216,100 (net) as set out in Appendix "D" 2. That Common Council adopt the following resolutions: a) That the overall funding envelope for the 2012 Capital Budget for the General Fund be fixed and there shall he no new projects added to the 2012 capital program without finding the required funding from the fixed envelope. b) That Common Council not pre - approve any project for inclusion within the 2013 capital program without first making any consequential revisions necessary to the five - year capital budget; and further, That Saint John Industrial Parks be requested to appear before Council to provide clarification on the Barge Facility Project. Question being taken, the motion was carried with Councillors Court, Farren and Titus voting nay. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried with Councillor McGuire, Sullivan and Titus voting nay. 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 12.1 Directeur general : Budget d'immobilisations du fonds d'administration de 2012 La greffi6re communale indique que le conseil a pr6c6demment approuve le Projet relatif A la gestion de ('information de Saint John dans le cadre du budget d'immobilisations precedent. Mme Gormley ajoute qu'A la page 13 de ('annexe A du rapport presente, ii y est indique « MGMNT TNFI systems » et elle demande que 1'expression soft remplacee par « Saint John Information Management Project » pour refl6ter correctement le travail accompli daps le cadre de ce projet. Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que le budget d'immobilisations de 2012 soit modifi6 en remplagant la description figurant a la ligne 6 de la page 13 de I'annexe A MGMNT TNFI systems » par « Saint John Information Management Project ». A ('issue du vote, la proposition est adoptee. Mentionnant un rapport soumis et une presentation, M_ Forrest presente le budget d'immobilisations du fonds d'administration de 2012 propose, puis r6pond a des questions. Le conseiller Titus suggbre que le conseil dispose de temps supplementaire pour 6valuer le budget propose, ajoutant qu'il y a des projets qu'il aimerait voir inclure dans le budget. Le conseiller Farren indique qu'il y a des projets qu'il souhaiterait voir inclure dans le budget, faisant part de ses inquietudes quant au remplacement du part de vehicules. Le conseiller Court indique qu'il nest pas d'accord avec toutes les d6penses en immobilisations propos6es, sugg6rant que certains fonds pourraient etre utilises pour financer la reparation des routes. En rdponse a une question du conseil, I'avocat municipal indique que 1'expression routes provinciales designees » est mal choisie, car cela donne a penser que la province assume une certaine responsabilit6 A 1'6gard de ces routes. 11 affirme que ses recherches revelent que cette responsabilit6 incombe uniquement a The City of Saint John depuis quelque temps, ajoutant que la province s'est d6gagee de la responsabilit6 qu'elle a eue A une certaine 6poque. Proposition du conseiller Norton Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2012 -033: budget d'immobilisations de 2012, a 1'exception du projet n° 24, etablissement pour barges, qui figure a I'annexe D 1. le conseil communal approuve le budget d'immobilisations du fonds d'administration de 2012, d'un montant de 16 030 302 $ (brut) incluant les contributions s'61evant a 4 814 202 $ provenant d'autres sources, ce qui correspond a un budget d'immobilisations s'6levant A 11 216 100 $ (net), tel qu'il est pr6sent6 a I'annexe « D ». 2. le conseil communal adopte les resolutions suivantes : a) que 1'enveloppe de financement global pour le budget d'immobilisations du fonds d'administration de 2012 soit fixee et qu'aucun autre projet ne soit ajout6 au programme d'immobilisations de 2012 sans trouver le financement n6cessaire a meme 1'enveloppe fixee. b) que le conseil communal n'approuve pas A I'avance tout projet devant We inclus dans le programme d'immobilisations de 2013 sans avoir d'abord effectu6 les revisions n6cessaires du budget d'immobilisations quinquennal qui en d6coulent; et de plus, que Saint John Industrial Parks soit pri6 de se presenter devant le conseil afin de faire le point sur le projet d'installation des barges. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Farren et Titus votent contre la proposition. 29 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 Proposition du conseiller Norton Appuyee par le conseiller Farren RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de I'arrete procedural. A ]'issue du vote, la proposition est adoptee. Les conseillers McGuire, Sullivan et Titus votent contre la proposition. 12. Business Matters - Municipal Officers 12.0 Common Clerk: Rescinding Resolution for Revised Digital Geographic Information Distribution Policy On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that Council rescind the March 29, 2005 digital geographic information sales policy, as follows: "RESOLVED that as recommended by the City Manager, Common Council adopt the policy that the GIS group may sell the Corporation's digital geographic information to outside users at the prices listed in the submitted Appendix A ". Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that 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. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.0 Greffiere communale : Resolution d'annulation relativement a la politique revisee concernant la diffusion de ]'information geographique numerique Proposition du conseiller Farren Appuyee par le conseiller Norton RESOLU que le Conseil communal annule sa resolution du 29 mars 2005, politique de vente de systemes d'information geographique numerique, de la fawn suivante : « RESOLU que, comme le recommande le directeur general, le conseil communal adopte une politique voulant que le groupe de vente d'information geographique soit accorde le droit de vendre ]'information geographique numerique de la corporation a des utilisateurs externes aux frais indiques a I'annexe A propose » . A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le conseil communal adopte la politique sur ('information geographique numerique donnant a la Division des systemes d'information geographique le pouvoir de vendre a des utilisateurs externes les donnees geographiques numeriques de la corporation municipale, aux prix indiques a I'annexe B, et accorde a la Division des systemes d'information geographique le pouvoir de continuer a fournir gratuitement des donnees geographiques numeriques aux societes embauchees par la Ville, aux organismes sans but lucratif et aux organisations caritatives, ainsi qu'aux etablissements d'enseignement. A ('issue du vote, la proposition est adoptee. 30 96- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 12.2 City Solicitor: Saint John Unsightly Premises and Dangerous Buildings and Structures By -law (1st and 2nd Reading) Consideration was given to a submitted report from the City Solicitor entitled Saint John Unsightly Premises and Dangerous Buildings and Structures ByLaw (New format of by- law) On motion of Councillor Norton Seconded by Councillor Snook RESOLVED that as recommended by the City Solicitor in the submitted report that the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law be repealed and replaced with the submitted bylaw. Question being taken, the motion was carried_ On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number M -30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John," 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 Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John." On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number M -30, A By -Law Respecting Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John," 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 Unsightly Premises and Dangerous Buildings and Structures within The City of Saint John." 12.2 Avocat municipal : Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John (premiere et deuxieme lectures) Examen d'un rapport presente par I'avocat municipal intitule Arrete surles lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John (nouveau format d'arrete) Proposition du conseiller Norton Appuyee par le conseiller Snook RESOLU que, comme le recommande le directeur general dans le rapport soumis que I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John soit abroge et remplace par 1'arrete presente. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que 1'arrete intitule « Arrete n° M -30 concernant les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John v fasse l'objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John ». 31 96- COMMON COUNCIL/CONSEIL COMMUNAL FEBRUARY 27, 2012/LE 27 FEVRIER 2012 Proposition du conseiller Farren Appuy &e par le conseiller Snook RESOLU que 1'arrete intitule « Arrete no M -30 concernant les iieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John » fasse !'objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxi&me lecture par titre de 1'arrete intitule cc Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John ». 12.3 City Solicitor: Proposed Amendments to the Saint John Closing of Retail Businesses By -law Consideration was given to a submitted report from the City Solicitor entitled Proposed Amendments to the Saint John Closing of Retail Businesses ByLaw. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that as recommended by the City Solicitor in the submitted report that the By -law Related to the Closing of Retail Establishments in the City of Saint John be repealed and that the submitted revised by- law be enacted. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number M -32, A By -Law Respecting the Closing of Retail Businesses in The City of Saint John," 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 Closing of Retail Businesses in The City of Saint John." On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number M -32, A By -Law Respecting the Closing of Retail Businesses in The City of Saint John," 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 Closing of Retail Businesses in The City of Saint John." 12.3 Avocat municipal : Modifications proposees A I'Arr6t6 reiatif a la fermeture des etablissements de vente au detail dans The City of Saint John On examine un rapport present& par l'avocat principal intitule Modifications proposees a !Arrete reiatif a la fermeture des etablissements de vente au detail dans The City of Saint John. Proposition du conseiller Norton Appuyee par le conseiller Farren RILSOLU que, comme le recommande le directeur general dans le rapport soumis que I'Arrete relatif a la fermeture des etablissements de vente au detail daps The City of Saint John soit abroge et que 1'arrete revise soumis soit edict&. A ('issue du vote, la proposition est adopt &e. 32 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 2012/LE 27 FEVRIIER 2012 Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete no M -32, Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John o, fasse ('objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee, Premiere lecture par titre de I'arrete intitule « Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John ». Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no M -32, Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John », fasse i'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete relatif a la fermeture des etablissements de vente au detail dans The City of Saint John ». 12.4a) City Manager: Amendment to Saint John Building By -law — Fee Adjustments, MC2012 -38 On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -038: Amendment to Saint John Building By- law — Fee Adjustments that: 1. Common Council amend the Building By -Law to increase the building permit fees as outlined in this M &C 2012 -38; and 2. The said By -law amendment be referred to the Planning Advisory Committee for its written views, pursuant to s. 66(1) of the Community Planning Act. Question being taken, the motion was carried. 12.4a) Directeur general : Modification de I'Arrete relatif a la construction de Saint John — Rajustements des frals — Rapport M/C 2012 -38 Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2012 -038: Modification de !'Arrete relatif a la construction de Saint John — Rajustements des frais : 1. le conseil communal modifie I'Arrete relatif a la construction de Saint John pour augmenter Ies droits relatifs au permis de construire, comme it est question dans le present rapport M/C 2012 -38; 2. ledit projet de modification de 1'arrete soit transmis au Comite consultatif d'urbanisme pour obtenir son avis ecrit, conformement au paragraphe 66(1) de la Loi sur 1'urbanisme. A ('issue du vote, la proposition est adoptee. 12.4b) City Solicitor: Increase of Building Permit Fees Amendment to the Saint John Building By -law (1st and 2nd reading) On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number C.P. 101 -2, A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John," be read a first time. Question being taken, the motion was carried. 33 9G- COMMON COUNCIUCONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John." On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 101 -2, A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John," 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 to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John." 12.4b) Avocat municipal : Modification de I'Arrete relatif ;& la construction de Saint John — Augmentation des droits relatiifs au permis de construire (premiere et deuxieme lectures) Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que I'arrete intitule < Arrete no CP- 101 -2, modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John >), fasse l'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture de I'arrete intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John ». Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no CP- 101 -2, modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture de I'arnM6 intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John ». 12.5 City Manager: Building Permit Application- 109 Crowley Road, M &C 2012 -39 On motion of Councillor Sullivan Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report M &C 2012 -039: Building Permit Application- 109 Crowley Road that Common Council rescind its resolution dated September 29, 2009 as satisfactory arrangement have been made for the supply of access, electric power and other municipal services in order to facilitate the issuance of a building permit for a single - family dwelling on the subject property. Question being taken, the motion was carried. On motion of Councillor Sullivan Seconded by Councillor Norton RESOLVED that Common Council, pursuant to Section 101 of the Community Planning Act, enter into an agreement with the developer to assure the performance of the agreed to conditions. The conditions to be included in the agreement will generally pertain to the following: 1) provision of public street construction, including drainage; 34 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 2) provision of private driveway construction to the specifications approved by the Chief City Engineer and /or the Fire Department; 3) requirement that any necessary work be completed not later than 25 months following the adoption of this resolution; 4) the developer providing security in an amount deemed suitable by the Chief City Engineer by way of certified cheque, an irrevocable standby letter of credit or performance bond; 5) no more than one single - family dwelling being constructed on the site. Question being taken, the motion was carried. 12.5 Directeur general : Demande de permis de construction concernant le 109, chemin Crowley, Rapport M/C 2012 -39 Proposition du conseiller Sullivan Appuyee par le conseiller Norton RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2092 -039: Demande de permis de construction concernant le 109, chemin Crowley, le conseil communal annule la resolution adoptee le 29 septembre 2009 puisque des dispositions satisfaisantes ont ete prises pour fournir I'acces, les services d'electricite et autres services municipaux afin de faciliter la delivrance d'un permis de construction pour une habitation unifamiliale Sur la propriete visee. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Norton RE SOLU que le conseil communal, conformement A I'article 101 de la Loi sur l`urbanisme, conclue une entente avec le promoteur pour assurer 1'execution des conditions convenues. Les conditions qui seront incluses dans 1'entente portent Sur ce qui suit : 1) une disposition relative a la construction d'une rue publique, y compris le drainage; 2) une disposition relative a la construction dune entree privee selon les specifications approuvees par I'ingenieur municipal en chef et le service d'incendie; 3) une exigence selon laquelle taus les travaux necessaires doivent titre acheves au plus tard 25 mois apres I'adoption de la presente resolution; 4) le promoteur doit fournir une garantie, sous forme de cheque certifie ou de lettre de credit de soutien irrevocable, ou une garantie de bonne execution, que l'ingenieur municipal en chef juge adequate; 5) une seule habitation unifamiliale doit titre construite sur le site. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Proposed Subdivision — 125 Gault Road On motion of Councillor Court Seconded by Councillor Snook RESOLVED that Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted "Scotneygate at Ticehurst Circle" tentative subdivision plan, with respect to the vesting of the proposed public streets, any required municipal services and public utility easements and Land for Public Purposes with the following modifications: a. Scotneygate Way be reduced to a maximum width of 20 metres, with no landscaped median, and aligned with Hitachi Crescent; 35 96- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 27, 2012ILE 27 FEVRIIER 2012 b. A 1 metre wide Land for Public Purposes strip be added to Lot 4 and Lot 5 to prevent driveway access to Gault Road; c. The access from Ticehurst Circle to the southern Land for Public Purposes parcel be reduced in width to approximately 3 metres; d. The location of driveways for lots adjacent to the Dantes Drive / Ticehurst Circle intersection, proposed Lots 16, 42, 51 and 52, be noted on the engineering design drawings for the subdivision and are subject to the approval of Municipal Operations and Engineering; and e. A note be placed on the subdivision plan indicating the proximity of the City of Saint John water mains and notifying potential residents that they will be with the Emera Brunswick "Emergency Planning Zone" for the natural gas pipeline. 2. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including: a. Detailed site, drainage, water and sewerage plans for the approval of the Chief City Engineer or his designate; b. A fence constructed by the developer along the property line separating the southern Land for Public Purposes parcel over the City of Saint John water easement from adjacent residential lots; and c. The installation of curb and sidewalk by the developer on the west side of Gault Road for the length of the development. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting) 13. Rapports deposes par les comites 13.1 Projet de lotissement au 125, chemin Gault Proposition du conseiller Court Appuyee par le conseiller Snook RESOLU que le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases conformement, de maniere generale, au plan provisoire de lotissement « chemin Scotneygate au carrefour giratoire Ticehurst », en ce qui a trait aux rues publiques proposees, a toute servitude necessaire aux fins de services municipaux et publics et au terrain d'utilite publique avec les modifications suivantes : a. le chemin Scotneygate doit titre reduit A une largeur maximale de 20 metres, sans terre -plein paysager et aligne sur le croissant Hitachi; b. un terrain d'utilite publique d'une largeur d'un metre dolt titre ajoute aux lots 4 et 5 pour empecher 1'acces au chemin Gault; c. la largeur de la voie d'acces a la parcelle de terrain d'utilite publique sud A partir du carrefour giratoire Ticehurst doit titre reduit d'environ trois metres; d. 1'emplacement des voies d'acces pour les lots adjacents a ('intersection de la promenade Dantes et du carrefour giratoire Ticehurst, soit les lots 16, 42, 51 et 52 proposes, doit titre note sur les dessins de conception technique pour le lotissement et sont sous reserve de I'approbation du service Operations municipales et Genie; e. une note doit titre placee sur le plan de lotissement indiquant la proximity des conduites d'eau principales de The City of Saint John et avisant les residents potentiels qu'ils se trouveront dans la « zone de planification d'urgence » d'Emera Brunswick pour le pipeline de gaz naturel. 2. le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations n6cessaires, y compris : 36 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 2012ILE 27 FEVRIER 2012 a. 1'e1aboration de plans de situation, de drainage, du reseau d'aqueduc et d'egouts detailles soumis A I'approbation de I'ingenieur municipal en chef; b. une cloture construite par le promoteur le long de la limite de la propriete separant la parcelle de terrain d'utilite publique sud au- dessus de la servitude relative a la conduite d'eau de The City of Saint John des lots residentiels adjacents; c. ('installation par le promoteur d'une bordure et dun trottoir sur le cote ouest du chemin Gault pour toute la duree de l'amenagement. A ('issue du vote, la proposition est adoptee (Le conseiller Titus quitte la seance.) 13.2 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that as recommended by Committee of the Whole, having met on February 23, 2012, Council makes the following appointments to Committees: Heritage Development Board: to appoint Dr. Elizabeth McGahan to replace Grant Heckman and re- appoint Colin Waldschutz for a three year term from February 2, 2012 to February 2, 2015. Leisure Services Advisory Board: to appoint Dr. Theresa Koppert, Daryl Steeves and Derrick Mitchell, and to re- appoint Andrea Garland for a three year term from February 27, 2012 to February 27, 2015_ City of Saint John Non - Profit Housing Committee: to re- appoint Sandy Bastarache for a three year term from February 27, 2012 to February 27, 2015. Saint John Parking Commission: to appoint Lori Byrne for a three year term from February 27, 2012 to February 27, 2015. Planning Advisory Committee: to appoint David Drinnan for a term from February 27, 2012 to January 1St, 2014. PRO Kids: to appoint Patrick Darrah, Michael Whelton and Charlie Swanton for one term ending on December 31, 2014 and to re- appoint Danny Jardine for one term ending on December 31, 2014. Saint John Free Public Library: to re- appoint Patti Chisholm for a three year term from February 27, 2012 to February 27, 2015. Rockwood Park Advisory Board: to appoint Derrick Mitchell for a one year term from February 27, 2012 to February 27, 2013. Saint John Energy: to re- appoint Councillor Titus for a three year term from March 15, 2012 to March 15, 2015. 13.2 Comite plenier : Recommandations denominations pour sieger aux comites Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que, comme le recommande le comite plenier, s'etant reuni le 23 fevrier 2012, le conseil approuve les nominations suivantes pour sieger aux comites : Conseil d'amenagement du patrimoine : nomination de Mme Elizabeth McGahan pour remplacer M. Grant Heckman et renouvellement de la nomination de M. Colin Waldschutz pour un mandat de trois ans, du 2 fevrier 2012 au 2 fevrier 2015. Conseil consultatif des services des loisirs : nomination de Mme Theresa Koppert, de M. Daryl Steeves et de M. Derrick Mitchell et renouvellement de la nomination d'Andrea Garland pour un mandat de trois ans, du 27 fevrier 2012 au 27 fevrier 2015. 37 96- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 Comite City of Saint John Non - Profit Housing : renouvellement de la nomination de Mme Sandy Bastarache pour un mandat de trois ans, du 27 fevrier 2012 au 27 fevrier 2015. Commission sur le stationnement de Saint John : nomination de Mm' Lori Byrne pour un mandat de trois ans, soit du 27 fevrier 2012 au 27 fevrier 2015. Comite consultatif d'urbanisme : nomination de M. David Drinnan pour un mandat allant du 27 fevrier 2012 au 1e` janvier 2014. PRO Kids: nomination de MM. Patrick Darrah, Michael Whelton et Charlie Swanton pour un mandat se terminant le 31 decembre 2014 et renouvellement de la nomination de M_ Danny Jardine pour un mandat se terminant le 31 decembre 2014. Bibliotheque publique de Saint John : Renouvellement de la nomination de Mme Patti Chisholm pour un mandat de trois ans, du 27 fevrier 2012 au 27 fevrier 2015. Conseil consultatif du pare Rockwood : nomination de M. Derrick Mitchell pour un mandat d'un an, du 27 fevrier 2012 au 27 fevrier 2013. Saint John Energy : renouvellement de la nomination du conseiller Titus pour un mandat de trois ans, du 15 mars 2012 au 15 mars 2015. 13.5 Committee of the Whole: Termination — Employee #2381 On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that Common Council authorize the payment of Career Transition Funding to the individual identified by Employee No. 2381 in an amount equal to ten (10) weeks of Employee No. 2381's current salary and benefits, which shall increase to three (3) months provided that the City Manager receives a satisfactory Full and Final Release in favour of the City on or before March 2nd, 2012. Question being taken, the motion was carried. 13.5 Comite plenier : Cessation d'emploi pour ('employe no 2381 Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le conseil communal autorise le versement, a meme les fonds reiatifs a la reorientation profession nelle, a la personne dont le numero d'employe est le 2381, d'un montant egal a dix (10) semaines de salaire annuel et d'avantages sociaux, qui augmentera A trois (3) mois, dudit employe en vigueur A I'heure actuelle, contre quittance en bonne et due forme en faveur de la Ville, delivree au directeur general au plus tard le 2 mars 2012. A Tissue du vote, la proposition est adoptee. 13.7 Committee of the Whole: Career Transition Funding for Employee #2447 On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that Common Council authorize the payment of Career Transition Funding to the individual identified by Employee No. 2447 equal to one -third of Employee No. 2447's current salary and benefits, on condition that the City Manager receives a satisfactory release in favour of the City on or before March e, 2012. Question being taken, the motion was carried with Councillor Higgins voting nay. 13.7 Comite pienier : Financement de la reorientation professionnelle de 1'employe no 2447 Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que le conseil communal autorise le versement, a meme les fonds reiatifs a la reorientation profession nelle, A la personne dont le numero d'employe est le 2447, d'un montant egal 6 un tiers du salaire annuel et IN 96- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 27, 20121LE 27 FEVRIER 2012 des avantages sociaux dudit employe en vigueur a I'heure actuelie, contre quittance en bonne et due forme en faveur de la Ville, delivree au directeur general au plus lard le 4 mars 2012. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition_ 13.8 Committee of the Whole: Existing Litigation On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that, as recommended by the Committee of the Whole, the City Solicitor or his designate be authorized to add, by Third Party Claim under Rule 80 of the New Brunswick Rules of Court, Richard & Co. Architecture Inc. and MCW Consultants as Defendants in the action identified by New Brunswick Court of Queen's Bench Cause No. S/SC/698/2011 between Viking Fire Protection Inc. (as Plaintiff) and W & S General Contractors Ltd. and The City of Saint John (as Defendants). Question being taken, the motion was carried. 13.8 Comite plenier : Litiges existants Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le comitd plenier, I'avocat principal ou son representant soit autorise a ajouter, par voie de mise en cause en vertu de la Regle 80 des Regles de procedure du Nouveau - Brunswick, Richard & Co. Architecture Inc. et MCW Consultants a titre de defendeurs dans ]'action designee « Affaire devant la Cour du Banc de la Reine n° S/SC/698/2011 entre Viking Fire Protection Inc. (en tant que demandeur) et W & S General Contractors Ltd. et The City of Saint John (en tant que defendeurs) ». A I'issue du vote, la proposition est adoptee_ 14. Consideration of Issues Separated from Consent Agenda 14. laude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned 10:05 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 22 h 05. Mayor / maire Common Clerk / greffiere communale 39 (:: CNBA /ACNB Cities of New Brunswick Association Association des Cites du Nouveau - Brunswick February 14, 2012 City of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Mayor and councilors, During the executive committee meeting, held on January 11, 2012, a motion was passed with regards to the motor vehicle noise and the use of the Jacob Brakes and the need for municipalities to take action. The CNBA executive committee has agreed on an effective way to exert pressure on the provincial government so that it legislates in these cases. Members of the committee are recommending that the eight cities adopt by -laws associated with these two issues of interest. The motorcycle by -law recently adopted by the city of Bathurst and the one banning the uses of the Jacob Breaks within the city limit in Edmundston are two really good examples. We hope that if the eight cities stand together in this file, the impact will be such on the provincial government that it will have no choice but to intervene. Therefore, we strongly recommend that your city council join the movement and if possible that it adopts the proposed by -laws. Yours truly, Jacques P. Martin President .N 3'd Field Regiment RCA (The Loyal Company) 60 Broadview Avenue SaintJohn NB E2L 1%6 February 23, 2012 Saint John Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Common Council; As we discussed, New Brunswick's Artillery Regiment the "3rd Field Artillery Regiment, Royal Canadian Artillery" would like to have it's almost 220 years of distinguished continuous service to New Brunswick and Canada recognized. The regiment's origins date back to May 41h 1793, when the Loyal Company was formed. For many years the post - nominal "The Loyal Company " was proudly part of the Regiment's official name. However, in 1975 the "The Loyal Company" was removed from the regiment's official name. I have included a briefing document describing the issue, which was prepared by Dr. Lee Windsor of the Gregg Centre for Study of War and the Society at the University of New Brunswick. The Gregg Centre is currently under taking a research project on the history of the regiment preparatory to the publishing of a book on this topic. The senior leadership of the Department of Defense and the Canadian Forces can only effect this change. We will be asking the Minister of National Defense, the Honorable Peter MacKay for his assistance. Attached is a draft of the proposed cover letter outlining our request. In order demonstrate the importance of restoring "The Loyal Company" to the regiment's official name, it would be extremely helpful for you to write a letter of support for this effort. Thanking your for your offer of assistance and looking forward to receiving your expression of support. Regards, John K. F. Irvi Colonel (Honorary) 3rd Field Artillery Regiment, Royal Canadian Artillery 41 "The Loyal Company of Artillery" 3 I Field Regiment, Royal Canadian Artillery — Backgrounder' The Loyal Company of Artillery of the City of Saint John was formed on May 4th, 1793 after New Brunswick passed its first Militia Act in 1792 in response to the outbreak of the French Revolutionary Wars. Since that historic founding The Loyal Company of Artillery formed the core of a body of militia artillery that has existed in the province right up to the present day in the form of 3rd Field Artillery Regiment, Royal Canadian Artillery. For much of the 20th century the Regiment proudly carried "The Loyal Company" designation as part of its title, perpetuating the connection to Canada's oldest artillery unit. The Loyal Company was the first of several militia artillery companies, renamed batteries in the later nineteenth century, formed in New Brunswick for the defence of the colony's main port and border towns from outside threat. War of 1812 The threat of war with the United States proved real enough in 1812 that New Brunswick militia artillery detachments were activated as part of the 1 st and 2nd Battalions of the Charlotte County Regiment to man newly built shore batteries in Saint Andrews overlooking the Passamaquoddy Bay and the coast of disputed territory in what is now the State of Maine. Throughout the War of 1812 other detachments of New Brunswick militia artillerymen built and manned defences alongside British regular gunners around Saint John Harbour. The New Brunswick Regiment of Artillery Saint John's importance as the key all- season port of entry into British North America and then Canada meant that the city garrison was always armed and provisioned for defence from the sea. Artillery was central to that defence, making the Saint John garrison a logical focal point for the training and equipping of New Brunswick's militia artillery from across the province. In 1838 militia artillery companies throughout the province were unified as the New Brunswick Regiment of Artillery. The core and headquarters of this force was the original Loyal Company and the gun batteries defending the harbour. Indeed, the NB Regiment of Artillery was formed to man those vital defences when the British regular artillery garrison marched west in response to the Rebellions of 1837 and 1838 in Upper and Lower Canada. That same year, the Regiment was called on to despatch a troop of artillery to Woodstock during the border dispute known as the Aroostook War of 1838 -39. Despite funding shortages, the Regiment continued to maintain a high standard of readiness and artillery skill -at -arms largely due to a continuation of the same volunteer spirit that inspired the Loyal Company of Artillery. That readiness was apparent in 1866 during the Fenian Raids when the Regiment manned the gun batteries around Saint John Harbour and along the border at Saint Andrews. A decade later, they once again stood guard at the nation's coastal defences during the 1878 war scare with Russia. They also came to the aid of the civil powers during the Saint John Great Fire of 1877 using their specialist skills in handling high explosives to blow down walls for a fire break. These dramatic highlights as well as more routine mustering for summer training camps and ceremonial occasions established the New Brunswick Regiment of Artillery as a proud and well -known element of Canada's defence forces. The 42 province of New Brunswick and the City of Saint John recognized the many contributions of this regiment when it celebrated the founding of the Loyal Company with a grand centennial ball in May 1893, 20th Century Defending Canada at Home and Abroad In 1895, as part of a wave of Canadian defence modernization and national organization, the unit was first identified with its modern numerical designation and named the 3rd (New Brunswick) Regiment of Canadian Garrison Artillery. It counted among its members Lieutenant - Colonel C.W. Drury, considered to be the father of Canada's modern artillery. Drury commanded The Canadian Brigade of Artillery during the South African War, which included a troop of gunners from the Regiment's 89th Battery in Woodstock. LCol Drury was himself the son of LCol Richard Hayne, the Regiment's first commanding officer at the time of formation in 1838. So began the new 20th century reputation for excellence not only for manning defences at home but also for raising well- trained artillerymen for overseas service. The Great War, 1914 -1918 The day after war broke out in August 1914 the Regiment barged its 4.7inch heavy guns to Partridge Island to protect the mouth of Saint John Harbour. For the duration of the war, the Regiment stood on guard against the very real threat of German cruisers and submarines on Canada's east coast. The unit's heavy guns and experienced artillerymen also served to train thousands of volunteers from New Brunswick and eastern Canada for service in the Canadian Corps Heavy Artillery formed in 1916 in France. The Regiment also contributed personnel to the 2nd Divisional Ammunition Column and the 1st Canadian Heavy Battery, among them future commanding officers LCol "Harry" Harrison and Major Cyrus Inches. The Guns of Vimy, Passchendaele and the 100 Days In 1916 volunteers from the Regiment travelled overseas as 4th and 6th Canadian Siege Batteries, firing their first shots in anger during the Battle of the Somme. There they perfected new techniques of long range counter - battery bombardment. The Canadian Corps Heavy Artillery, including 4th and 6t Siege Batteries gathered together for the first time with the whole of the Canadian Corps in the spring of 1917. That April they fired what has gone down in history as one of the most successful counter - battery bombardments in history, neutralizing over 80 percent of the German artillery and paving the way for Canadian infantrymen to take Vimy Ridge. From Vimy, 4th and 6th Canadian Siege Batteries supported the Corps in the difficult fighting for Passchendaele and in the final 100 Days Campaign. New Brunswick's batteries played an especially important role in the dramatic Canadian victory at the Canal du Nord and Cambrai in September 1918. At the end of the Great War, surviving veterans came home to what became known as Td (New Brunswick) Coast Brigade, Royal Canadian Artillery, (The Loyal Company of Artillery). Many veterans stayed active in the interwar militia, keeping alive the specialized skill set of long range artillery. The Second World War, 1939 -1945 In 1939 3rd (New Brunswick) Coast Brigade, RCA, (The Loyal Company of Artillery) mobilized to prepare and man new heavy coastal gun batteries constructed around Saint John. The threat of German surface raiders and submarines was even greater in the Second World War than in the 43 first, requiring much of the Regiment's attention. However, the requirements for trained artillerymen for overseas service led to the despatch of four batteries from the regiment. 89th Battery from Woodstock mustered as field artillery while 90th and 104th Batteries from Fredericton assembled as anti -tank units. All three were despatched to Italy, taking part in the Canadian victory at the Hitler Line that opened the liberation of Rome. 105th Battery from Saint John also went overseas as an anti -tank unit, landing in Normandy and taking part in the climactic Battle of the Falaise Gap and The Battle of the Scheldt. 1945 -2012 The close of the Second World War ended direct threats to Canada's east coast by sea. The new threat to Canadian security in the early Cold War era came from Soviet bombers carrying nuclear weapons. In response the Regiment was re- organized as a medium anti - aircraft unit. The threat of aircraft gave way to ballistic missiles, and the Canadian Army once again organized for forward conventional defence in Europe as a leading member of the North Atlantic Treaty Organization. In that context, in 1962 the Regiment evolved into its present role as the 3rd Field Artillery Regiment (The Loyal Company), Royal Canadian Artillery. Since then the Regiment has continued in its same function since the Loyal Company was formed in 1793; to maintain a reserve force of trained artillerymen to defend Canada at home and abroad. In recent decades, the most visible form of that mission has been to provide gunners and officers to augment regular force Royal Canadian Artillery batteries deployed for overseas service on peace- keeping, peace- enforcement and stability operations. In the last four decades hundreds of 3rd Field Artillery Regiment gunners have served in Cyprus, the Golan Heights, the Former Yugoslavia, Somalia , and most recently Sierra Leone. A mission of particular pride was in support of the Canadian Forces's efforts in Afghanistan, where the requirement for Canadian soldiers with artillery and observer skills once again became paramount. The Loyal Company title was officially shorn as the Regiment's post- nominal title on 20 November 1975, apparently as part of the wider policy of separating the unified Canadian Forces from traditions and customs associated with Great Britain. Nevertheless, the unit continues to perpetuate the link its 1793 foundation. ' Prepared by: Lee Windsor, PhD, February 2012. Iwindsor(cD,unb.ca, (506) 453 -4911 This brief forms part of a wider study by the University of New Brunswick's Gregg Centre for the Study of War and Society on New Brunswick's reserve army artillery units from 1893 to the present. 3 .. j . ✓( TURNBULL CHAPTER The Canadian Aviation Historical Society NEW BRUNSWICK Dedicated to the Preservation of Canada's Flying Heritage March 2, 2012 Mayor and Councillors Saint John Common Council City of Saint John PO Box 1971 Saint John, N. B. E2L 41_1 Dear Mayor and Councillors Last August 2011 one of our Directors requested, on our behalf, that you consider reestablishing the link with our World War Two 410 Squadron, RCAF. This reaffiliation would in part celebrate the centennial of powered aviation in New Brunswick, which we will be marking here in Saint John with our National Conference in September 2012. Our members are concerned that nothing has happened with this request. Our Director met with your Cultural Affairs Officer eight times since that written request. He has also been in communication via email and telephone. On each occasion he was assured that your staff would be recommending that Council proceed with this symbolic gesture to recognize such an important part of our military heritage. Our Director also explored the Granting of the Freedom of the City to our Squadron, as you have done to army and navy units. We are perplexed as to why he was told to wait until after the upcoming civic election. The Squadron is excited by this possible reaffiliation. We have been supported in our request by the Friends of the N.B. Military History Museum and the 250 Wing, of the Air Force Association of Canada. On Heritage Day the two senior levels of government announced funding for a cenotaph to commemorate the four aircrew who died at the Millidgeville Airport. The dedication of that cenotaph in the Wade -Myles Aviation Park is the centrepiece of our conference. The reaffiliation of 410 Squadron with our City is a cornerstone of that park dedication and ceremony. Not only can we not finalize plans for this park and our conference, as well as budgets, until we have your decision, but the Squadron must also seek their approvals and budget. We are literally down to the wire in terms of planning for this event. We ask that you consider the August 2011 request for the symbolic reaffiliation at your next meeting. Once more there could be a 410 (City of Saint John) Squadron, RCAF, If Council wishes to re- establish this connection, all we need is a letter from you inviting 410 Squadron to re- establish this relationship. Our Director will personally deliver your request to the Squadron. Thank you. Jim Sulis President, Turnbull Chapter Canadian Aviation Historical Society 346 Summit Drive Saint John, N. B., E2J 3M2 r :� 1111 Sr 45 �•l Fundy Region Solid Waste Commission PO Box/ CP 3032, Grand Bay - Westfield NB E5K 4V3 Commission de des T. 506 738 -1212 • F. 506 738 -1207 � des dechets so irdes de Fundy hotline@fundyrecycles.com March 21, 2012 Mayor and Council City of Saint John 8th Floor, City Hall PO Box 1971 Saint John NB E21- 41-1 Reference: Auditor's Report and Financial Statements for the Year Ended 31 December, 2011 Dear Mayor and Council, Pursuant to the requirements of Sections 7 and 8 of Regulation 96 -11 under the Clean Environment Act, I am pleased to submit to you the Auditor's Report and Financial Statements for the year ended 31 December, 2011. The Commission reviewed and adopted the Financial Statements at the March 15, 2012 Open Session meeting. If you should have any further questions, please do not hesitate to contact me. Regards, Marc MacLeod General Manager End: Auditor's Report and Financial Statements for the Year Ended 31 December, 2011 FUNDY REGION SOLID WASTE COMMISSION FINANCIAL STATEMENTS DECEMBER 31, 2011 47 TEED SAUNDERS DOYLE & CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION DECEMBER 31, 2011 CONTENTS AUDITORS' REPORT CAPITAL FUND Balance Sheet Statement of Investment in Capital Assets Statement of Source and Application of Capital Financing OPERATING FUND Balance Sheet Statement of Surplus Statement of Revenue and Expenditure GENERAL CAPITAL RESERVE FUND Balance Sheet NOTES TO FINANCIAL STATEMENTS ADDITIONAL INFORMATION Page 1 -2 3 4 5 I.- 0 10-14 Auditors' Comments on Additional Information 15 Schedules of Expenditure 16-18 Schedule of Expenditure - Host Community Enhancement Fund 19 .• TEED _ SAUNDERS Chartered Accountants INDEPENDENT AUDITORS' REPORT To the Members of the Fundy Region Solid Waste Commission We have audited the balance sheets of the Capital Fund, Operating Fund and General Capital Reserve Fund of the Fundy Region Solid Waste Commission as at December 31, 2011 and the related statements of revenue and expenditure, surplus, investment in capital assets and source and application of capital financing for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles prescribed for New Brunswick municipalities by the Department of Local Government, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatements of the financial statements, whether due to fraud or error. In making those risk assessments, the auditors consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 1 49 TEED SAUNDERS DOYLE & CO Chartered Accountants Independent Auditors' Report (Cont'd) Opinion In our opinion, these financial statements present fairly, in all material respects, the financial position of the Commission as at December 31, 2011 and the results of its operations and change in financial position for the year then ended, in accordance with the basis of accounting described in Note 2 to these financial statements. Basis of Accounting and Restrictions on Use and Distribution These financial statements, which have not been, and were not intended to be, prepared in accordance with Canadian generally accepted accounting principles, are solely for the information and use of the Commission and the Ministers of Environment and Local Government of the Province of New Brunswick, and are not intended to be and should not be used for any other purpose. Saint John, NB March 15, 2012 CHARTERED ACCOUN ANTS 2.50 TEED SAUNDERS DOYLE & CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION CAPITAL FUND BALANCESHEET AS AT DECEMBER 31, 2011 ASSETS DEFERRED FINANCING CHARGES (Note 2) CAPITAL ASSETS (Note 2) Land Buildings Landfill site improvements Landscaping Highway intersection improvements Landfill Cell # 1 Landfill Cell # 2 Landfill Cell # 3 Landfill Cell # 4 Landfill Cell # 5 Landfill Cell # 6 Capping - Cell #1, #2 and #3 Elevation Surge pond Furniture and office equipment Preliminary studies Landfill heavy equipment Light equipment and vehicles Recycling vehicles Recycling depot equipment Composting Gas management Household hazardous waste LIABILITIES CURRENT Due to operating fund (Note 6) LONG -TERM DEBENTURES (Notes 3 and 4) INVESTMENT IN CAPITAL ASSETS APPROVED ON BEHALF OF THE COMMISSION MEMBERS: ` - f! Commission Member r !L Commission Member 3.51 2011 2010 $ 43,553 $ 63,821 1,173,460 1,173,460 2,528,705 2,549,396 6,232,298 6,232,298 1,035,850 1,035,850 1,276,844 1,276,844 4,579,283 4,579,283 3,248,037 3,248,037 3,250,607 3,250,607 4,184,891 4,184,891 3,319,142 3,321,625 1,561,428 5,809 3,338,394 3,346,668 8,081 8,081 791,704 791,704 114,921 169,765 3,471,807 3,471,807 1,836,888 1,781,108 248,892 310,935 647,450 988,212 2,024,556 2,046,955 8,432,089 8,538,984 2,298,501 2,128,046 575.095 575.095 56,178,923 55,015,460 $ 56.222,476 $ 55,079,281 $ 42,632 $ 62,900 5,926,000 7,681,000 50,253,844 47,335,381 $ 56,222,476 $ 55,079 1 Mrl/ SAUNDERS DOYLE & CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION CAPITAL FUND STATEMENT OF INVESTMENT IN CAPITAL ASSETS FOR THE YEAR ENDED DECEMBER 31, 2011 2011 2010 BALANCE AT BEGINNING OF YEAR $ 47,335,381 $ 45,123,985 TRANSFERS FROM OPERATING FUND CAPITAL EXPENDITURES 68,044 25,000 CAPITAL GRANTS - 98,075 DEBT REPAYMENT 1,755,000 1,849,000 CONTRIBUTIONS FROM GENERAL CAPITAL RESERVE FUND EQUIPMENT REPLACEMENT CELL CONSTRUCTION COST OF CAPITAL ASSET DISPOSITIONS BALANCE AT END OF YEAR 4. 52 312,986 658,038 1,726,678 237,304 (944,245) (656,021) SAUNDERS DOYLE & CO. FUNDY REGION SOLID WASTE COMMISSION CAPITAL FUND STATEMENT OF SOURCE AND APPLICATION OF CAPITAL FINANCING FOR THE YEAR ENDED DECEMBER 31, 2011 2011 2010 SOURCE Unapplied from previous year Deferred financing charges Transfers from Operating Fund Capital expenditures Debt repayment Transfer from General Capital Reserve Fund Equipment Replacement Cell Construction Capital grants (Note 2) Temporary financing at end of year Due to Operating Fund (Note 6) APPLICATION Temporary financing at end of previous year Due to Operating Fund (Note 6) Capital expenditures Repayment of long -term debentures Unapplied at end of year Deferred financing charges $ 63,821 $ 79,612 68,044 25,000 1,755,000 1,849,000 312,986 658,038 1,726,678 237,304 - 98,075 42.632 62.900 $ 3.969,161 $ 3.009,929 $ 62,900 $ 78,691 2,107,708 1,018,417 1,755,000 1,849,000 43,553 63,821 $_3 969 161 $ 3,009,929 TEED SAUNDERS DOYLE & CO. 5.53 Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION OPERATING FUND BALANCESHEET AS AT DECEMBER 31, 2011 2011 2010 ASSETS :1111: w Cash and cash equivalents (Notes 2 and 3) $ 306,332 $ 622,444 Accounts receivable (Note 3) 432,230 620,597 Due from Capital Fund (Note 6) 42,632 62,900 HST receivable 120,765 86,149 Prepaid expenses 113,531 157,280 1,015,490 1,549,370 INVESTMENTS RESTRICTED FOR FUTURE CLOSURE AND POST - CLOSURE COSTS (Notes 2 and 7) 1,286,520 1,141,479 $ 2,302,010 $ 2,690,849 1401.11QYllfxi CURRENT Accounts payable and accrued liabilities (Note 3) $ 992,346 $ 1,143,069 Security deposits 93,556 94,255 Due to General Capital Reserve Fund (Notes 6 and 8) 10,525 94,087 1,096,427 1,331,411 FUTURE CLOSURE AND POST - CLOSURE LIABILITY (Notes 2 and 7) 784.416 698,214 SURPLUS SURPLUS 421,167 661,224 $ 2.302,010 $ 2,690,849 COMMITMENTS (Note 9) APPROVED ON BEHALF OF THE COMMISSION MEMBERS: Commission Member Commission Member TEED SAUNDERS DOYLE & CO. 6.54 Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION OPERATING FUND STATEMENT OF SURPLUS FOR THE YEAR ENDED DECEMBER 31, 2011 BALANCE AT BEGINNING OF YEAR TRANSFER OF SECOND PREVIOUS YEAR'S SURPLUS (Note 2) EXCESS OF REVENUE OVER EXPENDITURE FOR THE YEAR BALANCE AT END OF YEAR 7.55 2011 2010 $ 661,224 $ 618,420 (448,031) (170,389) 207,974 213,193 1 LED SAUNDERS DOYLE & CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION OPERATING FUND STATEMENT OF REVENUE AND EXPENDITURE FOR THE YEAR ENDED DECEMBER 31, 2011 REVENUE (Note 2) Tipping fees Municipal solid waste Construction and demolition and special waste Compostable organics Interest Recycling commodity sales Electrical generation Other Surplus of second previous year (Note 2) EXPENDITURE (Schedules) Administration Landfill Waste diversion - recycling program Waste diversion - composting program Public education Material recycling facility EXCESS OF REVENUE OVER EXPENDITURE 2011 2011 2010 Budget Actual Actual $ 7,331,040 $ 7,129,673 $ 7,484,015 334,100 280,870 283,412 276,000 235,251 241,196 - 79,209 43,329 140,000 302,940 335,033 200,000 210,761 42,708 66,256 69,593 190,753 448,031 448,031 170,389 8,795,427 8,756,328 8,790,835 887,958 847,011 824,424 4,982,888 4,772,737 4,730,768 884,056 918,362 814,414 1,388,895 1,366,519 1,469,847 306,474 224,073 236,588 345,156 419,652 501,601 8,795,427 8,548,354 8,577,642 $� $ 207,974 $ 213,193 TEED SAUNDERS DOYLE & CO. 8.56 Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION GENERAL CAPITAL RESERVE FUND BALANCESHEET AS AT DECEMBER 31, 2011 ASSETS CURRENT Cash and cash equivalents (Notes 2 and 3) Due from Operating Fund (Note 6) INVESTMENTS (Note 2) EQUITY BALANCE AT BEGINNING OF YEAR TRANSFER FROM OPERATING FUND DURING THE YEAR TRANSFER TO CAPITAL FUND INVESTMENT INCOME BALANCE AT END OF YEAR (Note 8) APPROVED ON BEHALF OF THE COMMISSION MEMBERS: C /Z.4, Commission Member +` Commission Member 9. 57 2011 $ 20,815 10.525 31.340 944,871 $ 9 2010 $ 331,952 94.087 426,039 1,243,975 $16 $ 1,670,014 $ 1,015,939 1,305,153 (2,039,664) 40,708 $ 976,211 1,525, 831 (895,342) 23,586 $ 1,6 TEED SAUNDERS DOYLE & CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 1. COMMISSION MANDATE AND COMMENCEMENT OF OPERATIONS The Commission's mandate is to develop and implement an environmentally and socio- economically acceptable strategy for managing solid waste in the Fundy Region. The Commission is comprised of representatives from each municipality and the unincorporated areas in the region. The Commission constructed a landfill facility at Crane Mountain, which commenced operations on November 10, 1997 when it began receiving solid waste. The Provincial Government has issued to the Commission a Certificate of Approval to operate the landfill through to December 31, 2015. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Financial Statement Presentation The financial statements of the Fundy Region Solid Waste Commission have been prepared to conform in all material respects to the accounting principles prescribed for New Brunswick municipalities by the Department of Local Government. Under sections 15.7(6) and 15.7(7) of the Clean Environment Act, the second previous year surplus or deficit of a solid waste commission must be included in the operating results of the current year. Basis of Accounting These financial statements have been prepared in accordance with fund basis accounting. The Operating Fund reflects the Commission's operating assets and liabilities and results of operations. The Capital Fund reflects the Commission's investment in capital assets and related debt. The General Capital Reserve Fund reflects the assets, liabilities and changes in fund equity relating to this specific purpose fund established by the Commission in accordance with its mandate and regulatory requirements. Cash and Cash Equivalents Cash and cash equivalents consist of cash on hand, balances with banks and GIC's having maturity dates of 90 days or less from the date of acquisition. Deferred Financing Charges Financing charges related to the issuance of long -term debentures are deferred and amortized over the terms of the related debentures. Investments Investments are stated at cost and are managed in accordance with the New Brunswick Trustees Act. At December 31, 2011, the market value was $1,329,567 (2010 - $1,189,862) for the Operating Fund - investments restricted for future closure and post closure costs, and $932,681 (2010 - $1,243,975) for the General Capital Reserve Fund. 10.58 I'M) SAUNDERS DOYLE & CO. C6—t —d Aecnnn rams FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (cont'd) Capital Assets Capital assets are recorded at cost. The Commission does not record amortization on its capital assets. Funds received through capital assistance programs, cost sharing arrangements or loan forgiveness are treated as additions to investment in capital assets. Costs of assets disposed are treated as a reduction in investment in capital assets in the Capital Fund. Proceeds from assets disposed of are recorded as miscellaneous revenue in the Operating Fund. Revenue Recognition Tipping fees are recorded when the waste is delivered to the landfill facility and when collection is reasonably assured. Recycling commodity sales are recognized upon the delivery of the recyclables to the customers and when collectibility of proceeds is reasonably assured. Interest and other income are recorded on an accrual basis and when collection is reasonably assured. Use of Estimates The preparation of financial statements in accordance with accounting principles prescribed for New Brunswick municipalities by the Department of Local Government requires management to make estimates and assumptions that affect the reported amount of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amount of revenues and expenditures during the reporting period. These estimates are reviewed periodically, and as adjustments become necessary, they are reported in earnings in the period in which they become known. Examples of significant estimates include: - the allowance for doubtful accounts; - the recoverability of tangible assets; - the recoverability of long -term investments; and - certain economic assumptions used in determining the provision for future closure and post - closure costs and the future closure and post - closure liability. 3. FINANCIAL INSTRUMENTS The Commission's financial instruments consist of cash and cash equivalents, accounts receivable, accounts payable and accrued liabilities and long -term debentures. Unless otherwise noted, it is management's opinion that the Commission is not exposed to significant interest, currency or credit risks arising from these financial instruments. The Commission manages its exposure to credit risk by requiring its customers to supply a security deposit or a letter of credit. The fair value of these financial instruments approximate their carrying values, unless otherwise noted. 11.59 1 ELL) SAUNDERS DOYLE & CO. Ch—t —d Accountants 4. FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 LONG -TERM DEBENTURES N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 2.1 %- 3.85 %, maturing December 19, 2013. N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 1 %- 3.35 %, maturing November 6, 2014. N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 1.5 % -3.5 %, maturing June 2, 2015. N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 3.375 % - 5.75 %, maturing July 12, 2012. N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 3.375 % - 5.75 %, maturing July 12, 2012 at which time a final payment of $2,206,000 is due. N.B. Municipal Finance Corporation serial debenture, yearly repayment of principal and semi - annual interest at 2.75 % -5.5 %, maturing July 8, 2014 at which time a final payment of $643,000 is due. 2011 2010 $ 1,206,000 $ 1,780,000 754,000 994,000 428,000 529,000 462,000 899,000 2,206,000 2,504,000 870.000 975.000 $ 5,926.000 $ 7.681.000 The N.B. Municipal Finance Corporation has indicated that those debentures with balloon payments in their final year may be refinanced over a further 5 year term. Aggregate principal payments required over the next five years excluding balloon payments are as follows: 2012 $ 1,829,000 2013 1,436,908 2014 840,822 2015 575,931 2016 493,308 5. BORROWING AUTHORITY Operating Fund Section 6 of Regulation 96 -11 of the Clean Environment Act states that borrowing for operating cannot exceed 25% of the Commission's operating budget. At December 31, 2011, there were no borrowings for operations (20 10 - nil). 12.60 1LtV SAUNDERS DOYLE & CO. C6a t—A A --t—ft FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 5. BORROWING AUTHORITY (cont'd) Capital Fund At December 31, 2011, there were no borrowings for capital (2010 - nil). The Commission received borrowing authority of $1,000,000 (OIC #11 -0016) during the year as granted by the Municipal Capital Borrowing Board for a term not to exceed three years. 6. INTER -FUND ACCOUNTS The policy established by the Department of Local Government requires that short-term interfund borrowings be repaid within the next year unless the borrowing is for a capital project. All inter - fund balances at December 31, 2011 are in compliance with this policy. 7. FUTURE CLOSURE AND POST - CLOSURE LIABILITY Section 6.5(2) of Regulation 96 -11 of the Clean Environment Act requires that closure and post - closure expenses be calculated in accordance with the recommendations of the Public Sector Accounting Board (PSAB 3270) pronouncement regarding "solid waste landfill closure and post - closure liability ". This recommendation requires that a liability be recognized for closure and post - closure costs as the landfill site's capacity is utilized. Closure and post- closure expenses include restoration of landfill sites, maintenance of equipment and environmental monitoring. The Crane Mountain facility, with a total estimated capacity of 3,461,674 tonne, is expected to receive solid waste until December 2047. The Provincial Government has mandated that the Commission is responsible for site maintenance for a period of 30 years after closure. The present value in December 2047 of the total costs associated with this period are estimated at $14,869,642. At December 31, 2011, the Commission has recognized $784,416 of this liability representing an increase of $86,202 (2010 - increase of $81,084) from the prior year. In order to meet this future obligation, the Commission has established a special account as permitted under section 6.5(1) of Regulation 96 -11 of the Clean Environment Act. The fair value of all assets accumulated to December 31, 2011 are $1,329,567 (2010 - $1,217,323). GENERAL CAPITAL RESERVE FUND The General Capital Reserve Fund was established to provide for the future replacement of assets for the facility. Contributions and withdrawals require a resolution of the Commission and are determined on an annual basis. The Commission has internally segregated this reserve as follows: Equipment replacement Cell construction 13,61 2011 2010 $ 310,488 $ 185,967 665,723 1,484,047 TEED SAUNDERS DOYLE & CO. Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2011 9. COMMITMENTS Crane Mountain Enhancement Inc. The Commission has committed to provide $20,000 annually (adjusted for inflation) to Crane Mountain Enhancement Inc. (CMEI) to fund operating expenditures for such time that the facilities are operated at the site. The annual payment is reduced accordingly if the cash or near cash assets of CMEI exceed $60,000. Host Community Enhancement Fund In order to meet Provincial Government requirements, the Commission allocates a dedicated portion of the tipping fee to the Host Community Enhancement Fund for special projects designed to enhance the Facility and it's surrounding communities. For 2000 and subsequent years, while solid waste is received at the landfill site, the Commission has committed to provide $75,000 per year (adjusted for inflation) to this Fund (schedule, page 19). The Fund is administered by Crane Mountain Enhancement Inc. (formerly known as the Fundy Future Environment and Benefits Council) and the Commission. 10. CHANGE IN ACCOUNTING POLICY The Commission currently prepares its financial statements to comply with the accounting principles prescribed for New Brunswick municipalities by the Department of Local Government. The Department has indicated that municipalities will be required to adopt recommendations of the Canadian Institute of Chartered Accountants' Public Sector Accounting Board's new reporting model PS 1000, 1100, 1200 and 3150. One of the more significant provisions of the new standards requires municipalities to capitalize tangible capital assets at historical costs and amortize these assets over their estimated useful lives. The Commission is in the process of compiling relevant data of all its vehicles, cells, land, buildings, furniture and equipment. Other key elements of the PSAB requirements will effect the accounting for accruals, employment benefits and financial reporting. The Department has established an implementation date for these new standards for year ends commencing after January 1, 2012. The Commission continues the process of preparing for the implementation of the PSAB reporting standards. During the prior year, the Commission adopted a Tangible Capital Asset policy. The objective of this policy is to prescribe the accounting treatment for tangible capital assets and to provide guidance for all departments to assist them in assessing their physical resources in order to provide the information necessary to prepare financial statements. 11. COMPARATIVE FIGURES Certain accounts in the prior year financial statements have been reclassified for comparative purposes to conform with the presentation in the current year financial statements. 1462 lLbU SAUNDERS DOYLE & CO. Chartered Accountants 39 Canterbury Street P.O. Box 6668 Saint John New Brunswick E2L 4S1 Tel (506) 636 -9220 Fax (506) 634 -8208 E -mail tsdsj @tsdca.com TEED SAUNDERS DOYLE & CO. Chartered Accountants Independent member of DFK International AUDITORS' COMMENTS ON ADDITIONAL INFORMATION The accompanying Schedules of Expenditure are presented as supplementary information only. In this respect, they do not form part of the financial statements of the Fundy Region Solid Waste Commission for the year ended December 31, 2011 and hence are excluded from the opinion expressed in our report dated March 15, 2012 to the Commission members on such financial statements. The information in these schedules has been subject to audit procedures only to the extent necessary to express an opinion on the financial statements of the Commission and, in our opinion, is fairly presented in all respects material to those financial statements. lol- CHARTERED ACCOUN ANTS Saint John, NB March 15, 2012 Saint John Partners DR( Fredericton Partners y Andrew P. Logan Peter L. Lo g an � , Brian J. Saunders David H.Bradle Jean -Marc Poirier �A a Jeffrey E. Saunders John H. Landry 1563 T.J. Smith Kenneth H. Kyle FUNDY REGION SOLID WASTE COMMISSION OPERATING FUND SCHEDULE OF EXPENDITURE (Unaudited) FOR THE YEAR ENDED DECEMBER 31, 2011 ADMINISTRATION Office and administration Professional services Personnel Insurance Property taxes LANDFILL Operating costs Daily cover Site labour Site non - labour operation Site maintenance Scalehouse Leachate management Special waste handling Gas management Environmental health and safety Household hazardous waste Support to CMEI monitoring and education Host Community Enhancement Fund Provision for future closure and post - closure costs (Note 7) Transfer to General Capital Reserve Fund Equipment Replacement Cell Construction Fiscal services Principal payments on long -term debentures Interest on interim financing and long -term debentures Capital expenditures financed from Operating Fund 2011 2011 2010 Budget Actual Actual $ 91,055 $ 90,909 $ 94,100 83,500 64,903 82,457 270,397 264,135 226,713 196,000 189,340 185,911 247.006 237.724 235.243 $ 8 $=.847 .w.0 11 $ 8 $ 187,718 $ 184,463 $ 113,974 665,391 648,253 607,428 321,292 353,480 301,054 20,430 21,923 15,825 156,953 154,214 160,581 401,627 424,259 323,656 11,400 6,241 11,819 265,321 223,845 162,256 142,673 13 2, 718 124,596 87,045 49,122 57,131 22,895 22,895 22,691 83,373 83,373 82,629 128,065 86,202 81,084 330,000 255,000 255,101 940,153 840,153 1,125,730 3,764,336 3,486,141 3,445,555 1,044,257 1,044,257 1,040,419 174,295 174,295 219,794 - 68,044 25,000 1,218,552 1,286,596 1,285,213 $ 4,9� $ 4,772,737 $ 4,730,768 TEED SAUNDERS DOYLE & CO. 16.64 Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION OPERATING FUND SCHEDULE OF EXPENDITURE (Unaudited) FOR THE YEAR ENDED DECEMBER 31, 2011 2011 2011 Budget Actual WASTE DIVERSION - RECYCLING PROGRAM Operating costs Transfer to General Capital Reserve Fund Equipment Replacement Drop -off depot system Fiscal services Principal payments on long -term debentures Interest on interim financing and long -term debentures WASTE DIVERSION - COMPOSTING PROGRAM Operating costs Transfer to General Capital Reserve Fund Equipment Replacement Processing Fiscal services Principal payments on long -term debentures Interest on interim financing and long -term debentures PUBLIC EDUCATION Personnel Advertising, tours and promotional material Administration $ 260,000 $ 185,000 624,056 733,362 884,056 918,362 $ 884,056 $ 9 2010 Actual $ 80,000 594,037 674,037 134,898 5,479 140,377 $ 814,414 $ - $ - $ 65.000 504,759 482,383 519,134 504,759 482,383 584,134 710,743 710,743 673,683 173,393 173,393 212,030 884,136 884,136 885,713 $ 118,274 $ 118,752 $ 110,336 125,800 83,480 108,798 62,400 21,841 17,454 $ 3 $_224,073 $ 2 SAUNDERS 17 65 DOYLEc& CO. FUNDY REGION SOLID WASTE COMMISSION OPERATING FUND SCHEDULE OF EXPENDITURE (Unaudited) FOR THE YEAR ENDED DECEMBER 31, 2011 2011 2011 2010 Budget Actual Actual MATERIAL RECYCLING FACILITY Labour $ 201,242 $ 294,716 $ 333,330 Fuels, lubes and maintenance 32,689 31,196 33,461 Building maintenance - 86 6,839 Processing 67,450 56,571 101,643 Transfer to General Capital Reserve Fund Material Recycling Facility 25,000 25,000 - Miscellaneous 8,775 416 2,881 Electricity 10.000 11,667 23,447 $ 3 $ 419.652 $ 501 SAUNDERS DOYLE & CO. 18§6 Chartered Accountants FUNDY REGION SOLID WASTE COMMISSION SCHEDULE OF EXPENDITURE - HOST COMMUNITY ENHANCEMENT FUND (Unaudited) FOR THE YEAR ENDED DECEMBER 31, 2011 Recipient Proiect description Inglewood School Smart document cameras - Smart responders KBM Community Centre Install siding, soffits and facia - Exhaust fan and dishwasher Martinon Community Centre Septic system 1,191 Interior renovations - Bus shelter repairs RV Community Centre RV Arena - ice plant computer - Preventative maintenance plan Morna Heights Home and School Outdoor classroom - Playground Grand Bay Primary School Smart document cameras 3,646 Smart responders Grand Bay Legion Branch 22 Replace roof Fundy Region Solid Waste Commission Grand Bay Seniors Health & Yoga & Fitness Westfield Elementary RV Soccer RRCA Historical Marker Friends of Blueberry Hill First Ketepec Scouts RV Middle School Westfield Scouts Hunter Education CMEI Defibrillator Equipment Smart boards Goals Construct historical marker Partial funding of overall project Equipment Fish friend project Landscape traffic circle Gear Registration Scholarships 1967 2011 2010 $ - $ 961 1,839 - - 22,101 4,333 - - 20,686 15,514 - 1,191 - - 9,515 4,654 - - 3,300 10,045 - - 961 1,839 - 3,646 - 2,447 - 861 - - 3,200 4,864 - 9,164 - 15,000 14,995 1,770 1,798 - 1,327 4,670 - 1,536 2,671 - 1,000 - 114 $ 83.373 $ 82,629 SAUNDERS DOYLE & CO. REPORT TO COMMON COUNCIL 23 March 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Shamrock Park Field House Fire, June 17, 2010 BACKGROUND: A fire was set in a portable washroom located next to the Shamrock Park Field House and along with destroying the portable washroom, the fire also damaged the Field House. A claim was submitted to our insurer and some emergency repairs were undertaken to prepare for the 31 st annual Jeux de 1'Acadie. Work was then begun with our insurer to obtain quotes for the restoration on the Field House and our insurer selected Residential Contractors Ltd to repair the facility on our behalf. Work was completed in the fall of 2011, we then paid our deductible to the contractor and our insurer has recently issued a final payment to the City and the contractor. The contractor is still owed a portion of the HST from the City and this report is prepared to that purpose. ANALYSIS: The total of our claim is as follows: Residential contractor $155,096.60 Service Master $5,426.94 non - recoverable HST $5,318.88 Total claim from insurer $165,842.42 Insurer paid $125,998.74 Payable from City $39,843.68 .: Shamrock Park Field House The portion payable from the City breaks down as follows: Deductible $25,000.00 Recoverable HST $14,843.68 FINANCIAL IMPLICATIONS: As mentioned above, the City has already paid the contractor our deductible as stated in our property insurance policy. 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. RECOMMENDATION: A payment be issued to Residential Contractors for the outstanding balance of $14,843.68 which represents our recoverable HST. Respectfully submitted, Ian , BB"--- B . Insurance and Claim -41cer J,i'e6mans, CGA MBA of Finance and Administrative Services .• REPORT TO COMMON COUNCIL M & C — 2012 -65 March 23, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, vin The City of Saint bhn SUBJECT: Sale of "To Be" Closed Streets off Loch Lomond Road and Jean Street to Loch Lomond Villa, Inc. BACKGROUND: Common Council, at its February 13, 2012 meeting initiated the process to consider stopping up and closing two short streets; one off Loch Lomond Road and the other off Jean Street, in East Saint John (see attached maps). Both of these two streets serve as access to the new, Loch Lomond Villa 100 -bed facility, which is under construction. Council also at the aforementioned meeting, resolved to have City staff negotiate solely with Loch Lomond Villa, Inc. for the purchase and sale of the two streets, should they be stopped -up and closed. If acquired, it would be the intent of the Villa to improve the appearance of these two parcels for their accesses to the new facility. I Q". - 1 -00 *3 Municipal Operations has no objections to the stop -up and closure and subsequent sale to Loch Lomond Villa. If this transaction occurs, the municipal infrastructure contained in the ground would become the ownership and responsibility of the Villa. In addition, the City would no longer provide maintenance to either of these two short streets. Real Estate Services staff has successfully negotiated two Conditional Agreements of Purchase and Sale with Loch Lomond Villa, Inc.; one for each of the two parcels of land (should the streets be stopped -up and closed). The negotiated price for each of the two parcels of land considered the market value of the land as well as the maintenance savings to the City. The following recommendation is presented for Council's consideration, should 3'd Reading be given to the street closure for both parcels of land. RECOMMENDATION: That in the event the 50 -foot wide public street (off Jean Street) and the 60 -foot wide public street (off Loch Lomond Road) as described in the two attached Conditional Agreements of Purchase and Sale are stopped -up and closed, The City of Saint John sell its freehold interest in both parcels of land to Loch Lomond Villa, Inc. upon to the terms 70 M & C #2012 -65 Page 2 March 23, 2012 and conditions contained in the two Conditional Offers of Purchase and Sale attached to M & C #2012 -65; and 2. That the Mayor and Common Clerk sign any documents required to finalize the transfers. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development f. Patrick Woods, CGA City Manager CL /c Attachments 71 p C O u O Y ai L cu tA O u a FO- M Se�' 72 v T T i M M r M N et / Chr�St�np coot CONDITIONAL AGREEMENT OF PURCHASE AND SALE (50' wide undeveloped public street) Vendor: THE CITY OF SAINT JOHN P.Q. Box 1971 15 Market Square Saint John, NB E21_41_1 Attention: Common Clerk Fax: 506.649.7939 Purchaser: LOCH LOMOND VILLA INC. 185 Loch Lomond Road SaintJohn, NB E2J 3S3 Attention: Secretary Fax: 506.643.7179 Premises: 50' wide undeveloped public street UNDEVELOPED FIFTY (50) FOOT WIDE PUBLIC STREET (OFF JEAN STREET) in the City of Saint John, in the County of Saint John, in the Province of New Brunswick extending eastwardly from the eastern sideline of Jean Street maintaining a breadth of fifty (50) feet a distance of one hundred (100) feet more or less to the western sideline of Lot 07 -1 (being Service New Brunswick Parcel Identifier #55188577) designated "STREET" on a subdivision title titled: "Subdivision Plan The Municipality of The City & County of Saint John to Charles W. Bettie & Mary G. Bettie Amending Lots 10, 10A, 11, 12, Courtenay Heights by G.G. Murdoch Feb. 15, 1924, Rev. May 21, 1942, Situated Parish of Simonds — St. John Co., NB ", dated June 1, 1962, approved by The Town Planning Commission of Metropolitan Saint John on June 28, 1962 and filed in the Saint John County Registry Office on June 29, 1962 as File 37 #28. Sale Price: $3,750.00 plus HST if applicable. Deposit: $1,500.00 payable with this Offer. Closing Date: on or before August 31, 2012. Provided that the Common Council of The City of Saint John enacts a by -law to stop -up and close the Premises, the Purchaser shall purchase from the Vendor and the Vendor shall sell to the Purchaser the Premises for the Sale Price on the Closing Date subject to the following terms and conditions: 1. (a) The Purchaser shall acquire from the Vendor good and marketable freehold title in the Premises subject to encroachments currently upon the Premises being a hedge and chain link fence at 35 Jean Street and a driveway at 39 Jean Street. The Vendor and the Purchaser agree that these encroachments shall be permitted for such time each of the encroachments remain and the respective 74 2 right of each respective owner to encroach upon the Premises shall survive the completion of the transaction contemplated herein. (b) In the event that there is municipal Infrastructure including but not limited to underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works within the Premises, upon Closing the Purchaser shall assume responsibility for such infrastructure and shall at the Vendor's direction install such shut -off valve(s) on the water main(s) or pipelines) as the Vendor requires; the responsibilities and obligations set out in this clause shall survive the Closing. 2. The Purchaser may examine the title to the Premises at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Premises is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) 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. 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 Premises. 3. In addition to the Sale Price the Purchaser shall pay to or reimburse the Vendor for all fees associated with the enactment of the by -law to stop -up and close the Premises, including but not limited to survey, translation, public advertising and registration payable to Service New Brunswick. 4, The Purchaser shall have vacant possession of the Premises on the Closing pate. 5. The Purchaser and the Vendor agree that nothing herein shall either explicitly or implicitly require the Common Council of The City of Saint John to enact any by -law to stop -up and close the Premises. 6. This offer shall be irrevocable by the Purchaser until 4:00 p.m. local time on Friday, March 30"', 2012 and upon acceptance by the Vendor shall constitute an Agreement of Purchase and Sale binding upon the parties hereto provided the hereinbefore referenced by -law is enacted. Should this offer not be accepted by the Vendor, the Vendor shall retain the deposit to offset the Vendor's costs and expenses in respect of the fulfillment of the condition precedent. Should the offer be accepted, the deposit shall be applied to the Sale Price. 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, successors and assigns. 75 3 8. This Agreement may not be assigned by the Purchaser. All usual adjustments, taxes, water and sewage levy shall be made as of the Closing Date. 10. There is no representation, warranty, collateral agreement or condition affecting this Agreement or the Premises except as expressed herein. 11. Time is of the essence of this Agreement. 12. The Deed/Transfer shall he prepared in registrable form by and at the expense of the Vendor. 13. Any tender of documents or money may be made upon the solicitor for the Vendor or Purchaser, as the case may be. Money shall be tendered by a bank draft or certified cheque of a Canadian chartered bank. 14. Any notice permitted or required shall be in writing personally delivered or faxed. Any notice will be deemed to have been received on the day of actual delivery or transmission by fax. Notice to the Vendor and Purchaser shall be as hereinbefore set out. 15. Should any provision be unenforceable, it shall be severed from the Agreement without affecting the enforceability of the remainder of the Agreement. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this ZZ- day of �Y .OA(Jh , 2012. LOCH LOMOND VILLA INC. 76 AND the Purchaser has caused these presents to be executed this day of 2012, THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: ,2012 77 CONDITIONAL AGREEMENT OF PURCHASE AND SALE (60' wide undeveloped street) Vendor: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21. 41.1 Attention: Common Clerk Fax: 506.649.7939 Purchaser: LOCH LOMOND VILLA INC. 185 Loch Lomond Road Saint John, NB E2J 3S3 Attention: Secretary Fax: 506.643.7179 Premises: 60' wide undeveloped street THAT PORTION OF AN UNDEVELOPED SIXTY (60) FOOT WIDE PUBLIC STREET (OFF LOCH LOMOND ROAD) in the City of Saint John, County of Saint John, Province of New Brunswick extending southwardly from the southern sideline of Loch Lomond Road maintaining a breadth of sixty (60) feet to the northern sideline of Lot 07 -1 (being Service New Brunswick Parcel Identifier #55188577); the said undeveloped street having been laid out on a plan of survey titled: "Plan of Property Situate At East Saint John N.B, Owned By William P. McDonald Jr." dated August 4, 1944 and filed in the ,Saint John County Registry Office on September 25, 1946 as File 18 #208. Sale Price: $6,700.00 plus HST if applicable. Deposit: $1,500.00 payable with this Offer. Closing Date: on or before August 31, 2012. Provided that the Common Council of The City of Saint John enacts a by -law to stop -up and close the Premises, the Purchaser shall purchase from the Vendor and the Vendor shall sell to the Purchaser the Premises for the Sale Price on the Closing Date subject to the following terms and conditions: 1. (a) The Purchaser shall acquire from the Vendor good and marketable freehold title in the Premises subject to any easements that may be required for public utilities; public utility as defined in section 5 of New Brunswick Regulation 84 -217. (b) In the event that there is municipal infrastructure including but not limited to underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works within the Premises, upon Closing the Purchaser shall assume responsibility for such infrastructure and shall at the Vendor's 2 direction install such shut -off valve(s) on the water main(s) or pipeline(s) as the Vendor requires; the responsibilities and obligations set out in this clause shall survive the Closing. 2. The Purchaser may examine the title to the Premises at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Premises is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) 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. 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 Premises. 3. In addition to the Sale Price the Purchaser shall pay to or reimburse the Vendor for all fees associated with the enactment of the by -law to stop -up and close the Premises, including but not limited to survey, translation, public advertising and registration payable to Service New Brunswick. 4. The Purchaser shall have vacant possession of the Premises on the Closing Date. 5. The Purchaser and the Vendor agree that nothing herein shall either explicitly or implicitly require the Common Council of The City of Saint John to enact any by -law to stop -up and close the Premises. 6. This offer shall be irrevocable by the Purchaser until 4:00 p.m. local time on Friday, March 30th, 2012 and upon acceptance by the Vendor shall constitute an Agreement of Purchase and Sale binding upon the parties hereto provided the hereinbefore referenced by -law is enacted. Should this offer not be accepted by the Vendor, the Vendor shall retain the deposit to offset the Vendor's costs and expenses in respect of the fulfillment of the condition precedent. Should the offer be accepted, the deposit shall be applied to the Sale Price, 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, successors and assigns. 8. This Agreement may not be assigned by the Purchaser. 9. All usual adjustments, taxes, water and sewage levy shall be made as of the Closing Date. 10. There is no representation, warranty, collateral agreement or condition affecting this Agreement or the Premises except as expressed herein. 79 3 11. Time is of the essence of this Agreement. 12. The Deed/Transfer shall be prepared in registrable form by and at the expense of the Vendor. 13. Any tender of documents or money may be made upon the solicitor for the Vendor or Purchaser, as the case may be. Money shall be tendered by a bank draft or certified cheque of a Canadian chartered bank. 14. Any notice permitted or required shall be in writing personally delivered or faxed. Any notice will be deemed to have been received on the day of actual delivery or transmission by fax. Notice to the Vendor and Purchasershall be as hereinbefore set out. 15. Should any provision be unenforceable, it shall be. severed from the Agreement without affecting the enforceability of the remainder of the Agreement. IN WITNESS WHEREOF the Vendor has caused these presents to be executed this 12 'day of N tt( , 2012. LOCH LOMOND VILLA INC. Per: n'1idl�Ar- And: AND the Purchaser has caused these presents to be executed this day of .2012. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: .2012 :1 REPORT TO COMMON COIJ14CIL M & C — 2012 -64 March 22, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up — Sanitary Lift Station 921a Highland Road — PID # 00051409 BACKGROUND: In relation to the Harbour Clean-Up project, Common Council has already: City of Saint John 1. Accepted funding under the Canada Strategic Infrastructure Fund from the Government of Canada for the Wastewater Treatment System Project # 2008 -2012; and; 2. Resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required to a maximum of 125 per cent of the appraised value with intention to promote goodwill, equity, and ultimately negotiated voluntary settlements on value. Design engineering has determined that the favourable location for Harbour Clean-Up sanitary lift station #21a (SLS # 21a) is on an undeveloped parcel of land designated PID # 00051409 located opposite civic 208 Highland Road, and owned by Russell Frederick Flynn (Mr. Flynn). The general layout of the land requirements are as illustrated on the CBCL drawing titled "Highland Road SLS No. 21 Additional Station Location Site Plan" dated February 2012, a copy of which is attached to this letter. Although the lift station will only cover a portion of the 653 square metre land parcel, the remaining portion of the lot will be smaller than the required minimum lot size and will not be accessible from Highland Road thereby being undevelopable. Therefore it is proposed that the entire 653 square metre parcel be purchased by the City. The slight increase in price is more than offset by the cost savings of not having to undertake a sub - division of the lot. RE Report to Common Council March 22, 2012 Page 2 Subject to Common Council approval, staff negotiated with Mr. Flynn for the City's purchase of the required land interests for the price of $13,500.00, being 125% of the appraised value of same. RECOMMENDATION: 1. That The City of Saint John acquire the freehold interest in PID 4 00051409 from Frederick Russell Flynn for the sum of $13,500.00 (plus HST if applicable), upon the terms and conditions contained in the "Agreement of Purchase and Sale" attached to M &C 2012 -64; and, 2. That the Mayor and Common Clerk sign the Agreement of Purchase and Sale and all documentation required to complete the contemplated purchases. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager PWw /p attachments WA SS yqn N� . �QYd 0.O / J 4 d o2g� s X Q _oyV ud NQ sx++ S _ F F 1 get J Z (A Z _o :ax CL o mw C uoo3 Z 1 E� ga 1 * p' n m , 1 / 4 `1 to cL o a- o nd�� arc a pi 1 p< oo�w 1 / J 4 d o2g� s X wz NmW a �1 NY gym w� agxs s 0 °s =ao« u °ui s ,s,w uoW � 1 N NQ 1 _ _ F F dp get J Z (A Z _o :ax CL o dar C 1 Z \ °z g n ga Sol x * p' n m , yK D m o 4 to cL o a- o nd�� arc 1 na 1 wz NmW a �1 NY gym w� agxs s 0 °s =ao« u °ui s ,s,w uoW � W Z � w � / wO / Q a / W WW W a J 04- J d-yy O / J OOP N / s An 911 / � o ,u cyo�' � =uc: ^: 'a � �.e ..r- � �T711^ i xvW 3�6�•/! OliifIR:IPI �i_.� M'�J L ^.:ix•'3 "'. ...' 9Md.��: 1 n�'I�biu K �. s omc ,a... , .. ,: mm 1 N NQ 1 _ _ F F J Z (A Z CL o C Z ga Sol x x yK D m o 4 1 na 1 un£ z / w / / E E" pw -�z d3 O U z / U z Z � w � / wO / Q a / W WW W a J 04- J d-yy O / J OOP N / s An 911 / � o ,u cyo�' � =uc: ^: 'a � �.e ..r- � �T711^ i xvW 3�6�•/! OliifIR:IPI �i_.� M'�J L ^.:ix•'3 "'. ...' 9Md.��: 1 n�'I�biu K �. s omc ,a... , .. ,: mm 5 y L_ Description of Plan: Highland Road Area N PID: 00051409 PAN: 01675808 Harbour Clean -Up SLS # 21a Date: 22 March, 2012 01 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 the Vendor's Lands PID # 00051409 as hereinafter set out upon the following terms and conditions: Vendor: FREDERICK RUSSELL FLYNN 208 Highland Road Saint John, NB E2K 1P9 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21. 41-1 Attention: Common Clerk Premises: Parcel designated in PID # 00051409 Comprising 653 sq. m. +/- hereinafter called "Real Property". Purchase Price: $13,500.00 + HST if applicable Deposit: $2,500.00 payable upon adoption of Common Council Resolution Balance: $11,000.00 on Closing Closing Date: On or before June 24, 2012. 1. The Purchaser shall acquire from the Vendor the unincumbered freehold title in the (teal Property. 2. The Purchaser may examine the title to the Real Property at its own expense within sixty (60) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) 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 shall 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 steal Property. 3. The Vendor shall deliver to the Purchaser at closing and in registrable form all discharge(s) of mortgage which the Purchaser, at its discretion may require. i Agreement of Purchase and Sale —StS A21a Frederick Russell Flynn and The Oty of saint John 4. (1) The Purchaser shall reimburse the Vendor up to $SOO.00 for legal fees expended by the Vendor to finalize this conveyance; and (ii) The Purchaser shall pay registration fees at SNB for any discharge(s) of mortgage(s); and (iii) The Purchaser will construct a sanitary lift station on the front of the Real Property as generally illustrated on the attached CBCL and Crandall sketches. The balance of the Real Property will be left in its existing natural state (treed). S. The Vendor shall at its expense terminate all leases with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on the Closing Date. 6. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages, and the Vendor shall have no further recourse. 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on April 27, 2012 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. 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. 9. AND FURTHER, the parties agree that, upon acceptance by the Purchaser, the Purchaser, by its authorized representatives, and with such equipment as may be necessary has a right of access to, in and upon the Real Property at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out: a) The right of access is to allow the Purchaser to make improvements to the City of Saint John sewerage system, including but not limited to the construction of a sanitary lift station; b) Any entry to, in and upon the Real Property shall require 24 hours prior written (e -mail) notice to the Vendor; c) Any entry by or on behalf of the Purchaser shall be at its risk, cost and expense; d) The Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Vendor from and against all matters arising by reason of the Purchaser exercising its right of access granted herein. 2 0 Agreement of Purchase and Sale —515 #21a Frederick Russell Flynn and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this "G 2 day of March, 2012. F7DE7Ctf 7 LL FLW, AND the Purchaser has caused these presents to be executed this day of April, 2012. THE CITY OF SAINT IOHA! Mayor Common Clerk Common Council Resolution: 3 ma _r _ i. li Olt Pt ..r 3... R N _r _ i. m li m a A 1 6 C 7 N O L i , dU 1 r � �a etc r ppp i�. E � � ✓ De c� 89 REPORT 1O COMMON COUNCIL M &C2012 -58 March 21, 2012 His Worship Mayor Court and Members of Common Council Your Worship and Councillors: Thin City of Saint John Subiect: Pipeline Crossing Agreement with Maritimes & Northeast Pipeline — Crossing KP96 +500 & Chesley Station BACKGROUND: A sanitary sewer and force -main installation, part of Harbour Cleanup Project from Lift Station #10A at Chesley Drive to Lift Station #10 on Station Street and onwards to the new eastern waste water treatment facility, will cross the Maritimes & Northeast Pipeline's (Maritimes & Northeast) natural gas pipeline at three (3) locations, one located at KP96 +500 near Harbour Station off Station Street and the other two at the Chesley Station on Fort LaTour Drive and Chesley Drive. Maritimes & Northeast have reviewed the City's design drawings and have no objection to the crossings. A crossing agreement is required. Maritimes & Northeast have delivered to the City the required agreement. Staff reviewed the agreement and there are no concerns or objections, The purpose of this report is to present the agreement to Common Council for its consideration. RECOMMENDATION: That the City of Saint John enter into the Crossing Consent Agreement with Maritimes & Northeast Pipeline Limited Partnership, by its General Partner, Maritimes & Northeast Pipeline Management Ltd. / Maritimes & Northeast Pipeline attached to M &C 2012 -58 and that the Mayor and Common Clerk execute the said agreement. Respectfully submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner City Manager Growth and Development Services .N March 19, 2012 John Campbell, P.Eng. Municipal Engineer Municipal Operations & Engineering City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 SUBJECT: Crossing Consent Agreement for your proposed crossings of Maritimes & Northeast Pipeline (`M &NP') Saint John Lateral at approximate KP 96 +500 and the Chesley Station pipeline at two locations, in the County of St. John, in the Province of New Brunswick. M &NP has reviewed the proposed crossings and will consent to them. In consideration of M&NP consenting to the crossings, we ask that you agree to the following conditions precedent: 1. That you will comply with the general conditions for consent in Schedule "A ", attached hereto; 2. That you and your contractor will install the crossings strictly in the manner described in Schedule `B ", attached hereto; 3. That the crossings will be designed and constructed strictly in accordance with your drawings Chesley Drive Sanitary Lift Station No. IOA Force Main and Sewer (7, 9 and 11 of 24) approved by M &NP attached as Schedule "C ", hereto; 4. That the crossings will be completed within one (1) year of the date of this letter, otherwise this consent will terminate and a new application will be required. 5. That as per Schedule "A ", Section 10, all contractors working near an exposed pipeline are required to wear appropriate PPE and fire retardant apparel. 5. That as per Schedule "A ", Section 5, Applicant shall submit certificates or other evidence of such insurance to M &NP prior to any work commencing for the Crossing. Please sign and return all three copies of the agreement, including the three copies of the enclosed drawing and schedules. We will subsequently sign the copies of the agreement and will return two for your use. Please ensure that a copy is sent to the persons who will be performing this work and that it is available "on- site ". Installation of the crossing can then proceed after giving a minimum of two business days advance notice to myself at (506) 462 - 4800/461 -5681. 91 This Agreement and Schedules "A ", "B" and "C" constitute the entire Agreement between M &NP and the Applicant and any change or alteration hereof shall be made in writing between the parties. Yours very truly, MARITIMES & NORTHEAST PIPELINE Andrew Langille, M.Sc., P.Geo. Lands & Public Awareness Coordinator Read and agreed to at Saint John, New Brunswick, this day of March, 2012. Applicant: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: March , 2012. B SCHEDULE `A' General Conditions for Crossing Consent 1. In this agreement: (a) the term "Applicant" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contractor" means the person(s) who constructs and installs the Facility; (c) the term "Facility" refers to the works of the Applicant as described in the covering letter- agreement to this Schedule; (d) the term "Crossing" refers to the crossing of M &NP's pipeline(s) by the Facility at the location described in the covering letter - agreement to this Schedule. 2. M &NP consents to the Crossing to the extent that it has the right to do so and the Applicant shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Applicant agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Applicant agrees to indemnify and save harmless M &NP against any claims, demands, actions, suits, proceedings, damages, injuries (including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5. In connection with Clause 4, above, Applicant, or Contractor, at its own expense shall carry and keep in full force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000.00), and; (b) Automobile Liability Insurance ( "owned" and "non- owned ") with an inclusive limit for bodily injury (including passengers) and property damage of One Million dollars ($1,000,000.00). Applicant shall submit certificates or other evidence of such insurance to M &NP prior to any work commencing for the Crossing. 6. Applicant agrees to personally perform the installation and construction of the Facility or else to closely supervise its installation and construction by a duly 93 qualified contractor(s) and to ensure that said contractor(s) complies with all terms and conditions of this agreement. 7. The Applicant shall pay forthwith upon presentation of an invoice by M &NP, all reasonable costs incurred by M &NP for: (a) Review, approval and inspection of the Crossing; (b) Reinforcing, modifying or relocating M &NP's pipeline(s) to accommodate the installation of Applicant's Crossing or the maintenance and repair of its Facility; (c) Any reasonable incremental costs inured by M &NP in the operation, maintenance, replacement and repair of its pipeline(s) which are caused by the Crossing. 8. The terms and conditions of this consent shall apply to the construction and installation of the Crossing and any future maintenance work that may be required. 9. This consent is for the Facility shown in Schedule `C' only and any additional works or facilities proposed by the Applicant shall be the subject of a separate agreement. 10. Applicant hereby agrees and acknowledges that its rights in the Crossing are subordinate to the easement agreement(s) of M &NP that have been registered or obtained prior to this date and Applicant shall cooperate with all reasonable requests made by M &NP related to the operation, maintenance and repair of M &NP's pipeline(s) within the easement(s), in particular the use of Nomex or fire retardant equivalent apparel. 11. In the case of default by the Applicant to carry out any of the provisions of this agreement or if the condition of Applicant's Facility has deteriorated and adversely affects the operation of M &NP's pipeline(s), M &NP may give written notice thereof. If the Applicant fails to take all reasonable steps to, remedy the default or the deterioration of the Facility within fifteen (15) days after receipt of the written notice by M &NP, M &NP may take such steps necessary to remedy the default or deterioration and Applicant shall be liable for and shall pay forthwith all reasonable costs incurred by M &NP in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter- agreement and shall be deemed to be received on the fifth (5`h) day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Crossing is situate. 14. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other Pty 91 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years from the date hereof if the Applicant has not completed the construction and installation of the Facility and restoration of the lands affected by the Crossing; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to M &NP and the owner of the property where the Crossing is situate. 16. If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in full force and effect. 95 SCHEDULE W Excavation and Operation of Heavy Equipment 17. The following conditions shall apply whenever any construction activities shall require the need for the operation of equipment or excavation near M &NP's Pipeline(s). (a) To protect exposed M &NP Pipeline(s) from damage during the proposed work, M &NP's on -site inspector may require the Applicant to install certain safety precautions before beginning construction. (b) To avoid possible damage to M &NP's Pipeline(s) while excavating, the Pipeline(s) shall be supported adequately, as directed by M &NP's on -site inspector. (c) To avoid possible damage to M &NP's Pipeline(s), heavy equipment shall be restricted to crossing within the travelled portion of the easement unless other crossing locations are approved by M &NP's on -site inspector. (d) Applicant shall provide at least three (3) business days' advance notice prior to commencing any excavation near M &NP's Pipeline(s). General Conditions for Crossings of the Pipeline by Hi hwa s Private Roads Railways and Utilities 18. The following general conditions shall apply to Crossings of M &NP's Pipeline(s) by a highway, private road, railway or utility: (a) In the case of a crossing of M &NP's Pipelinc(s) by a highway, private road, railway or utility the Crossing shall, except as otherwise provided herein, conform to the respective specifications and requirements of the current Canadian Standards Association Code CAN /CSA Z662 — 99 for Gas Pipeline Systems and if the facility will result in the Maritimes Pipeline not conforming, the Crossing may be made only if the M &NP's Pipeline(s) is reconstructed to conform to such requirements, the cost of which shall be borne and paid for by the Applicant. (b) The Applicant shall pay all costs to ensure M &NP's Pipeline(s) shall, in all cases, be of sufficient strength to withstand all stresses and strains resulting from the Crossing. (c) The Crossing shall be constructed so as to cross M &NP's Pipeline(s) at an angle as close as practicable to ninety (90) degrees but not less than forty -five (45) degrees. (d) Parallel easements shall not encroach on the M &NP's Pipeline(s) easement without the prior written consent of M &NP and the owner of the lands being crossed. 19. At any crossing of M &NP's Pipeline(s), except crossings by overhead telephone, telegraph or power lines, M &NP's Pipeline(s) and the Facility shall be identified by suitable markers. 2O. A. buried utility shall cross under M &NP's Pipeline(s) unless otherwise approved by M &NP. A clearance of not less than 0.3m shall be maintained at the point of crossing between the utility and M &NP's Pipeline(s) and all other underground structures. In all circumstances, minimum clearances as stipulated in the current edition of Canadian Standards Association CAN /CSA- Z662 -99 "Gas Pipeline Systems" shall be complied with. Underground utility crossings shall also be subject to the following design constraints: (a) Utilities must be installed at a level grade across the entire width of M &NP's Pipeline easement with the exception of gravity dependent structures. In such cases, the minimum clearances which are specified between the utility and M &NP's Pipeline(s) crossed must be maintained. (b) In the case of any Applicant's buried pipelines, no joints may be made over or under any M &NP Pipeline(s). (c) If Applicant's pipeline(s) will operate under pressure, it/they shall be pre - tested to at least the required test pressure prior to its installation across M&NP's Pipeline easement. (d) If the case of buried power cables, the Applicant shall install a 75mm thick concrete slab, or suitable equivalent, approved by M &NP, placed 300mm above the utility service installation, the full width of M &NP's Pipeline easement. There shall be a minimum separation of 300mm between the top of the concrete slab and the bottom of M &NP's Pipeline(s). This separation shall be maintained over the entire width of the M &NP Pipeline easement(s). The concrete slab should be un- reinforced red dye concrete. The utility shall be permanently identified with "caution" tape on top of the concrete slab. (e) In the case of buried cables, no joints, splices or other connections shall be made within the M &NP Pipeline easement. (f) The method of installation of all utilities crossing M &NP's Pipeline(s) below ground level must be specified in the Applicant's submission to M &NP. 21. A public highway, logging road or private road shall be constructed so that the traveled surface thereof shall be not less than 1.5m above the top of M &NP's Pipeline(s) or the casing pipe, where required. The bottom of the ditches shall be not less than 1.2m above the top of M &NP's Pipeline(s) or casing pipe. Railway Crossing Re uirements 97 22. The following conditions apply to the crossings of M &NP's Pipeline(s) by railways and shall supplement or supersede the conditions detailed in Section 2, 3, 4 and 5. (a) Where M &NP specifications stipulate, M &NP's Pipeline(s) shall be encased in a metal casing pipe, to be installed by M &NP, the cost of which shall be borne and paid for by the Applicant. (b) Railway crossings shall be constructed to allow the following minimum clearances: (i) One point seven (1.7) meters between the top of M &NP's Pipeline(s) or casing pipe and the base of the rail for a distance of at least 8.Om from the centerline of the outermost track. (ii) One point two (1.2) meters between the top of M &NP's Pipelines) or casing pipe and the bottom of the railway right -of -way ditch and/or natural ground surface. Overhead Crossing Requirements 23. The following conditions apply to the crossing of M &NP's Pipeline(s) by overhead telephone, telegraph, telecommunication and electrical power lines: (a) Prior to construction, the Applicant shall determine if electrical interference between the Applicant's facilities and M &NP's Pipeline(s) will occur. If so, the Applicant shall be responsible for providing mitigation design to a level of 15 volts A.C. Steady State; generally in accordance with CSA Standard C22.3 No 6M -1987 (or update), "Principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines ". (b) The vertical distance between the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical Code Part III (CSA Standard C22.3, "Overhead Systems and Underground Systems "). (c) The poles, pylons, towers, guys, anchors and any other supports of an overhead line shall be located outside the M &NP Pipeline easement and not within ten (10) meters of any M &NP Pipeline appurtenance. (d) The Applicant, for an overhead line shall, where directed by M &NP, install aerial warning devices for the protection of M &NP personnel and equipment conducting aerial patrols. Blasting Re ukements 24. Prior written approval is required from M&NP if construction of the Facility requires the use of explosives, The Contractor shall comply with all applicable government laws, regulations and orders concerning the use, storage and transportation of explosives, including, but not limited to, the Canadian Explosives Act. The Applicant shall comply with the safety requirements of M &NP. 25. The following conditions shall apply whenever any construction activities shall require the need for blasting when working within thirty (30) meters of M &NP's Pipeline(s): (a) The effects of blasting shall be controlled. (b) A leakage survey of the designated area shall be performed prior to and after blasting by the M &NP inspector to determine the effect of such operations, the cost of which shall be borne and paid for by the Applicant. (c) When blasting is necessary in the vicinity of M &NP's Pipeline(s) under pressure, the Applicant shall limit the intensity of the ground vibrations emanating from any particular blast, measured on the ground's surface above the pipeline(s) at the location nearest to the blast to the following specifications: (i) Maximum amplitude of vibrations 0.1524mm. (ii) Maximum horizontal peak particle velocity 50mm/sec. (iii) The permissible quantities of explosive per delay period shall be governed by the recorded measurements as influenced by the work site conditions. (iv) Explosive agents must, in all instances, be acceptable to M &NP. (v) Delays shall be designed to prevent double readings. (vi) Further restrictions shall be stipulated, as required, by M &NP. Cathodic Protection Requirements 26. Applicant agrees to install, at its cost, all cathodic protection facilities deemed necessary by M &NP to protect M &NP's Pipeline(s) or otherwise reimburse M &NP for the cost of such facilities and installation. 99 . -r - — :.„a.'- ..,^';•• ..- -.r rain. - — - - _c , If i .a = .a. [.,aa 1T.aM \if RYr��LAlMitiLl►_v -!.rY C.7 JAS 14'ak`• i � R •00061F •0M0 33S 3N6 HO VW fnwn a,= MATCH LINE SEE DWG. #COOS 5 ea •iiY i � R •00061F •0M0 33S 3N6 HO VW I. i � R •00061F •0M0 33S 3N6 HO VW $1 e ➢_� t gr A t t •iiY .•.... .. .- t j} 'X •� it tip....N I v , •.•, ` ~ • �} •' I H' Y:qp it �1. -� 1 11. ,rr rrrf `• , j • r � r ;i r',• $1 e ➢_� t gr A t t Ili C" 1 IF . MME!, I, Ir P1 . 01 41, 1g, till Al . .. ... - .... -'.:c. ;.....t .�..:.'. :9.a'.i r:': :. c A .:1.� : "P '.......i.. �. .. x.:'tinr �:. n. .n:!x.ti.r 5': -. .•�i�% o ..\ .:1 ?-t. •Y. 3 3 ° �• ,, •t � ,. \ .. ^ ,may �v � i ` lea , IN Ili d is ••o` �,,, 1. 11 •';Jd i - , �. \ . yam'• y�h p -g `t 11 EM Ill Ie geee all -P :0P c7 � �n� :! a l. ! I Rix .!, s g a �v I lea , IN 11 EM Ill Ie geee all -P :0P c7 � �n� :! a l. ! I Rix .!, s g a SCHEDULE `C Plan Showing Approved Crossing (Prepare 3 prints of your proposal drawing as set out in this Schedule `C' and attach them to the copies of the letter agreement you return to M &NP) A drawing of each crossing shall be prepared in accordance with sub - sections A, B and D below, The drawing shall show the location and dimensions of the crossing and the clearance between the lowest catenary and the surface of the ground within the pipeline right -of -way or its projects limits. Standard Drawing Requirements (NOTE: All views to be combined in one drawing) A. PLAN VIEW Scale: • In metric — scale of 1:500 or at a scale which clearly defines all details of the crossing Dimensions: • Distance along the M &NP Pipeline easement to the crossing from a definable legal limit (i.e. lot line, river, road allowance limit, etc.) • Width of the M &NP Pipeline easement to one -tenth (0.0) of a meter • Location of M &NP's Pipeline(s) within the easement to one -tenth (0.0) of a meter at right angles to the pipeline easement • Angle of the crossing (measured to the M &NP Pipeline easement) • Show the width of the utility easement(s) to one tenth (0.0) of a meter Q$ Width of streets in vicinity of crossing Identify: • Legal description of the crossing location (i.e. property metes and bounds, PID, Parish, town, village, etc.) All additional M &NP Pipeline appurtenances (i.e. concrete slabs, weights, pipeline markers, etc.) North arrow • Scale B. SECTION Vl'EW 103 • Distance of the pipeline(s) to the M &NP Pipeline easement limits to one -tenth (0.0) of a meter ® Ground surface profile for 20m on either side of crossing • Scale • Existing M &NP Pipeline markers D. LOCATION PLAN VIEW Scale: • In metric, scale of 1:12000 or to a scale that clearly identifies the location Dimensions: • Distance to the nearest town of major geographic feature to 0.1 of a kilometer Identify: Parish, town, village, city, county, regional municipality, etc. • PID, street, highway, road, etc. • North arrow TITLE BLOCK Identify: o Name of the Applicant and the name of the engineering company who compiled the drawing (where applicable) • Drawing number and the date of the drawing • Revision dates (if applicable) e Signature of the applicant and the engineering company • Legal description of the crossing location • Description of the utility • Date of the survey ADDITIONAL INFORMATION Identify: • All specifications of the utility (i.e.) diameter, wall thickness, material to be conveyed, minimum yield strength, operating pressure, field test pressure, mill test pressure, materials comprising the utility, protective devices to be installed and the proper method of installation Show a note referencing compliance with all applicable CSA standards and the National Energy Board Pipeline Crossing Regulations • Date of the proposed crossing 104 City Manager's Office Bureau du directeur general www. saintjohn. ca P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 c March 21, 2012 Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Land Requirements for Sanitary Lift Station #3 The attached letter from the Solicitor's Office to the City Manager is self - explanatory. As a result it would be appropriate for Council to adopt the following resolutions: RECOMMENDATION Recommended that the Closing Date in the Agreement of Purchase and Sale executed pursuant to the resolution adopted January 30, 2012 be extended to "on or before April 20, 2012" and in all other respects the Agreement remains the same. Respectfully submitted, J Patrick Woods, CGA CITY MANAGER ENC. 105 March 21, 2012 J. Patrick Woods City Manager City of Saint John Dear Mr. Woods: Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: lynda.farrell@saintjohn.ca Re: Land Requirements for Sanitary Lift Station #3 Common Council meeting on January 30, 2012 authorized various land acquisitions for the construction of Sanitary Lift Station #3 with associated gravity sewers and force mains and the execution of an agreement of purchase and sale setting forth the details of the authorized acquisitions. The Agreement of Purchase and Sale provided for a closing date "on or before March 31 St, 2012 ". I have been advised this morning by the vendors' solicitor that the required signing officers for the various vendor companies will not be available to sign the necessary documentation before the end of next week, i.e. the scheduled closing date and that his client is prepared to extend the closing date to on or before April 20, 2012. As the various land acquisitions are still required by the City the following recommendation is appropriate: Recommended that the Closing Date in the Agreement of Purchase and Sale executed pursuant to the resolution adopted January 30, 2012 be extended to "on or before April 20, 2012" and in all other respects the Agreement remains the same. Yours truly, Lynda D. Farrell Solicitor LDF/bm SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 j www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 106 REPORT TO COMMON C ,OUNCTX 14 M &C2012 -47 March 6, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: City of Saint John SUBJECT: King Street East — Sanitary Lift Station #7A Abandonment of By -Law to Stop Up and Close a Portion of King Street East PURPOSE The purpose of this report is to inform Council of the status of the project for Sanitary Lift Station #7A to be constructed at the end of King Street East. At the January 30'x' 2012 session of Common Council, 1St and 2nd reading was given to a by -law to stop up and close a portion of King Street East for the purpose of constructing a sanitary lift station as part of the Harbour Clean-Up program. The portion of land, created by the closure, would be used for construction of a wet well and control building. Common Council requested that staff, prior to Common Council considering third reading of said by -law: • investigate the possibility of relocating the proposed lift station further southward, away from the middle of the street, • determine the financial implications of such a relocation, • seek Planning Advisory Committee (PAC) approval as required, and • seek Heritage Review Board (HRB) approval as required A letter had been received from local residents expressing concern around constructing a building in the middle of the street right of way and that such a building would be out of place, impact their access and block their view of Courtenay Bay from the end of the street. The initial proposed location (Option 1) of the lift station is shown on Crandall Engineering drawing titled SLS #7A -SITE PLAN - OPTION 1. ANALYSIS In response to the concerns raised, another option was investigated in which the control building is eliminated and replaced with a pole mounted cabinet containing the power and control components necessary to operate the lift station. The wet well would be constructed behind the 107 new curb and the access hatch would be level with the ground surface. Refer to Crandall Engineering drawing SANITARY LIFT STATION #7A — SITE PLAN Option 3 has several advantages: • The width of road available to access civic 251 - 253 is increased to 6.5m. • There is no control building to impact views. • The control panel enclosures can be placed a distance from the lift station allowing them to be located in an inconspicuous location. • There are potential cost savings compared to the initial design approach by eliminating the control building. On 23 February 2012, this new design was reviewed with the residents who had expressed concerns to Common Council regarding the initial proposal. Staff believe that residents are pleased with the changes and are satisfied that the new design will address their concerns. Provided that Common Council agrees with this new approach, there is no need to stop -up and close any portion of King Street East, and there is no need for the installation to be reviewed/approved by either the Planning Advisory Committee or the Heritage Review Board. RECOMMENDATION It is recommended that third reading of the amendment to the by -law to stop -up and close that portion of King Street East (first and second readings having occurred on January 30'', 2012) not take place. Respectfully submitted, KeVorrest, MCIP, RPP Commissioner Planning and Development. Attachments PWW /pw J. Patrick Woods, CGA City Manager 1: ' \ ~--- ` ` \ � , \ � \ ' g `` ` ` ` \ \ qD Mal 0 K 1 .41 T Tor OTC z ZMON2z nLL Em 110 REPORT TO COMMON COUNCIL M & C — 2012 -53 23 March, 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tenders for Chemicals 2012- 681001T ,2012- 681002T,2012- 681003T BACKGROUND: Tenders closed on March 14, 2012 for the establishment of annual supply agreements for the various chemicals used by Saint John Water, in the treatment of the City's potable water supply. Included in these tenders were: 1) Chlorine Gas 2) Hydrofluosilicic Acid (H2SsiF6) 3) Sodium Hypochlorite ANALSYIS: A total of 5 companies responded to the different requirements of the tenders and summaries of the bids have been enclosed for your consideration. Staff of Materials Management and Saint John Water have reviewed the tenders and have made the following determinations: Chlorine Gas Two companies chose to respond to this tender. Upon reviewing the tender submissions it was determined that the low bid was submitted by Brenntag Canada Inc. Page 1 111 ANALSYIS CONT "D: Hydrofluosilicic Acid Two companies chose to respond to this tender. Upon reviewing the tender submissions it was determined that the bid submitted by Brenntag Canada Inc. was non - compliant. The bidder chose to submit conditions with their bid that were contrary to the terms and conditions of the tender. The submission from Min -Chem Canada Inc. was determined to be complete in all regards. Sodium Hypochlorite Four bids were received for this tender and once again staff had to reject a bid from Alpha Chemical Ltd. for non - compliance to our terms, conditions and requirements of the tender. The three remaining bids were found to be complete in all regards. For clarification purposes, two options for product concentrations were requested as a requirement of this tender; - up to 24 Tonne shipments of 15% product concentration and/or up to 30 Tonne shipments of 12% product concentration. When staff calculated the bids on the basis of cost for each concentration (cost/kg / %), it was determined that the lowest bid compliant bid was offered by N F Eco Tech as indicated on the attached summary. FINANCIAL IMPLICATIONS: It is estimated, based on previous year's consumption and the unit prices bid, that the City will spend approximately $100,000.00 to purchase Sodium Hypochlorite, $90,000.00 to purchase Hydrofluosilicic acid and $190,000.00 for Chlorine gas. These are planned expenditures and as such funds are provided in the annual Operating Budget. Page 2 112 RECOMMENDATION: It is recommended that the tenders for the establishment of supply agreements for various chemicals used to treat the City's potable water supply be awarded to the lowest bidder in each case, as follows: Sodium Hypochlorite to N F Eco Tech, Hydrofluosilicic Acid to Min - Chem Canada Inc. and Chlorine Gas to Brenntag Canada Inc. Respectfully submitted, Ir Cindy Calvin Greg Yeomans Acting Manager of Materials Management Commissioner of Finance Patrick Woods City Manager 113 Page 3 City of Saint John Tender Summary 2012-681001T HYDROFLUOSILICIC ACID Tender Opening: 2:30 P.M., Wednesday, March 14, 2012 2nd Floor Boardroom, 175 Rothesay Avenue (* ) Indicates Recommendation 114 Min -Chem Canada Inc. OPTION A: In bulk shipments of up to 30 Tonnes (dollars per kilogram) $ 0.992 /kg * OPTION B: In bulk shipments of up to 8 Tonnes $ 1.392 /kg * (* ) Indicates Recommendation 114 City of Saint John Tender Summary 2012- 681002T - LIQUID CHLORINE Tender Opening: 2:30 P.M., Wednesday, March 14, 2012 2nd Floor Boardroom, 175 Rothesay Avenue ( * ) Indicates Recommendation 115 APPR. NF Eco Tech Inc. Brenntag Canada Inc. ITEM QTY UNIT DESCRIPTION CHLORINE IN 68 KG (150 LB) CYLINDERS. UNIT PRICE 1 A 22 CYLINDER TO BE FOB OFF - LOADED AT SOMERSET STREET AND $ 6.61 /kg $ 2.52 /kg SHALL INCLUDE RETURN OF EMPTY CYLINDERS. INCLUDING ALL ASSOCIATED SHIPPING COSTS $ 450.00 /cyl $ 171.36 /cyl 1B 22 CYLINDER REFUNDABLE DEPOSIT PER CYLINDER $ 275.00 $ 400.00 TONNES CHLORINE IN 900 KG (2000 LB) CONTAINERS. UNIT PRICE TO BE FOB OFF - LOADED AT THE $ 1.666 /kg $ 1.48 /kg 2 A 170 CONTAINER TREATMENT PLANT(S) AND SHALL INCLUDE RETURN OF EMPTY CONTAINERS INCLUDING ALL ASSOCIATED SHIPPING COSTS $ 1500.00 /cyl $ 1342.66 /cyl* 2B 170 CONTAINER REFUNDABLE DEPOSIT PER CONTAINER $ 2,000.00 $ 2,750.00* 3 ADAPTERS $ --- - - - - -- $ 45.00* 4 WASHERS $ -- - - - - -- Supplied 5 YOKE $ --- - - - - -- $ 75.00* 6 WRENCHES $ -- - - - - -- $ 40.00* DELIVERY WITHIN 7 DAYS Yes Yes ( * ) Indicates Recommendation 115 City of Saint John Tender Summary 2012- 681003T SODIUM HYPOCHLORITE Tender Opening: 2:30 P.M., Wednesday, March 14, 2012 2 °d Floor Boardroom, 175 Rothesay Avenue ( * ) Indicates Recommendation 116 Brenntag Canada Inc. Calculated Atlantic Chemical & Calculated NF Eco Tech Calculated Costs per % Aquatics Inc. Costs per % Costs per % OPTION A: at 12% In bulk shipments of No Bid No Bid $ .334 /kg $ .39 /L No Bid No Bid up to 30 Tonnes $ 3.25 (25,000 L) Specific Gravity 1.168 1.168 OPTION B: at 15% In bulk shipments of $ .34 /kg $ .411 /L $2.74 $ .438 /kg $ .53 \L $ .334 /kg $ .40 /L up to 24 Tonnes $ 3.53 $ 2'66 T (20,000 L) 1.21 1.21 1.21 1.21 1.211 1.211 Specific Gravity DELIVERY Yes Yes Yes WITHIN 7 DAYS ( * ) Indicates Recommendation 116 REPORT TO COMMON COUNCIL M &C -2012- March 8, 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Equipment Rental Agreement - Motor Grader BACKGROUND: On October 11, 2011, Council accepted a recommendation set forth by staff to rent a motor grader complete with plow and wing from Atlantic CAT to supplement the fleet to meet the City's winter seasonal plowing needs. Atlantic CAT completed the installation of the plow and wing equipment necessary for plowing and the unit was delivered in January 2012. ANALYSIS: Accompanying the equipment at time of delivery was Atlantic Cat's Equipment Rental Agreement, attached for your review. It is standard practice for heavy equipment rental companies to require a lessee to agree to and sign their standard rental agreement document. These agreement documents detail areas such as: the rental period, insurance requirements, maintenance of equipment, and payment requirements. Staff from Materials Management, Fleet Administration and the City Solicitor's office have reviewed the rental agreement and find it to be acceptable. 117 Page 2 RECOMMENDATION: 1.) It is recommended that the Mayor and Common Clerk be authorized to sign the Equipment Rental Agreement document required by Atlantic CAT for the rental of a motor grader approved by Council at the October 11, 2011 open session meeting. 2.) It is also recommended that any further rental agreements for equipment with a value not to exceed the City Manager's approval, be sent directly to the City Solicitor's office for review and signature by the Mayor and Common Clerk. Respectfully submitted, 1144� Cindy Calvin Greg Yeomans Acting Manager of Materials Management Commissioner of Finance Patrick Woods City Manager 118 Atlantic M 175 Akertey Blvd.. P.O. Box 953 Dartmouth, Nova Scotia B2Y 3Z6 GST Registration NO. Telephone # (902) 466 -0581 Fax # (902) 468-4227 R133411892 EQUIPMENT RENTAL AGREEMENT (WITHOUT PURCHASE OPTION) Salesman Customer Order NO Provincial Sales Tax KEN TOTTEN 2011- 086401P 13 Exempt ❑ N.B.❑ PE I R PST SHIP T E City of Saint John City of Saint John N (hereafter referred o as eases T P.0 Box 1971 E Address D Saint John, NB E2L 4L1 T rasa VIA F.O.B. p ContactBob Russell 58.2832 Minimum rental period E E RNTAL CHARGES 3 MONTHLY 2 FOR 28 RENTAL UNIT f month 13 36 RENT INSURANCE HST PST TOTAL $ 6232.25 $ customer $ 810.16 EQUIPMENT VALUE 7042.41 Each rental unit represents 176 hours of use. Each additional hour of use, as indicated by the hour meter of the Equipment, shall be bitted at a pro -rata amount based on the above rental charges.All rental charges are payable In advance for each rental unit. DETAILS OF EQUIPMENT Q Description I Make Model I Sedall 1 Motor Grader CAT 140M B9D03577 Equipment iD EQUIPMENT VALUE EQUIPMENT and ATTACHMENTS Motor Grader Mid Mount Scarifier Winf & Plouith Transportation for delivery and return F.O.B. Lessor's shipping .point is at the expense of the Lessee. Hour Meter Reading: The warranty applicable to the Equipment is described on the attached warranty form(s) bearing the following number(s): 60 month 5000 hour Premier extended warranty the recelpt of which Is acknowledged by the Customer hereby. Rent to Start Date: Jan 12 , 2012 1 No warranty of any kind, express or Implied, applies to any Equipment SPECIAL CONDITIONS (forming part of the contract and prevailing In case of conflicting special and general condltlons) As per City of Saint John supply contract (attached) Rent term Jan 12,2012 to May 2,2012 Skip May to Oct Nov 12,2012 to May 17,2013 Skip May 18 to Nov 17 Nov 18, 2013 to May16, 2014 Skip May17 to Nov 16 SIGNED THIS I nave read and I agree to the conditions written on the face and on the back of this contract. This contract Is not binding until It has been signed by management of the Lessor. DAY OF 20 , LESSEE PER: Official Title PER: Official Title ACCEPTED THIS DAY OF 20 , ATLANTIC TRACTORS & EQUIPMENT LTD. (the "Lessor') DISTRIBUTION: PER: Interest does not apply PER: —Rsaee trto contract t -- --- s=4l per annum shall be charged monthly on any overdue accounts. The general conditions appearing on the $ACK hereof form an integral part of this contract. WHITE • CredR Department CANARY • Customer PINK • Sales Department GOLD • SALESMAN 119 Sales Management Credit Management JULY 2010 AMOUNTS PAYABLE BY THE LESSEE The Lessee undertakes to pay to the Lessor, at the address indicated on the face page hereof, without any reduction, compensation, notice or demand, the aggregate of the following amounts: the minimum rent, the additional rent, the insurance premiums, the transportation costs, the unreasonable wear and tear expenses, bucket wear costs, the amount of damages to the Equipment, the applicable taxes, any other amount payable hereunder and the interest on these amounts, if any. The minimum rent is the minimum rent payable for each rental unit for the number of hours of use included in one rental unit. The first installment shall be payable upon signature of this contract and the other installments shall be payable in advance according to the frequency indicated on the face page hereof. The additional rent shall be determined by a reading of the hour meter of the Equipment and it shall be billed periodically at the discretion of the Lessor and is payable upon receipt of an invoice. The insurance premiums are premiums paid by the Lessor pursuant to paragraph 6(a). The premiums for each rental unit are indicated on the face page hereof. They shall be payable in advance at the same time as the minimum rent. The transportation costs are the costs incurred to transport the Equipment and, it borne by the Lessor, they shall be payable upon receipt, by the Lessee, of an invoice to that effect. The unreasonable wear and tear expenses are the expenses arising from the wear and tear on the Equipment which the Lessor deems excessive. Such expense will be billed to the Lessee upon the return of the Equipment and is payable immediately. The applicable taxes are taxes levied by the relevant authorities with respect to services performed or Equipment leased as provided for hereunder and to be collected by the Lessor. They shall be payable at the same time as the minimum rent. Any late payment shall bear interest at the rate set forth on the face page hereof, computed monthly, as of the due date. RENTAL PERIOD AND RENEWAL This contract shall come into force upon its acceptance by sales and credit management of Lessor and the minimum rental period shall begin at the time of delivery of the Equipment to the Lessee or to its agent, including any public carrier, at the shipping point of the Lessor. Notwithstanding the expiration of this contract or of any renewal period, the Lessee shall continue to pay ail amounts due for the period included between the expiration date and the date of return of the Equipment. If the Equipment is not returned to the Lessor on the expiration date, this contract shall be automatically renewed for the shorter of (i) one month or (ii) a period equal to the minimum rental period. Such automatic renewal shall be repeated until reception of the Equipment by the Lessor. However, the Lessor may, at its discretion, at any time after the minimum rental period, give notice to the effect that this contract shall terminate with respect to all or part of thii'Equipment on the second day following such notice. OBLIGATIONS OF THE LESSEE The Lessee must: a) Maintain the Equipment at its own expense and pay the cost of any repairs necessary to keep the Equipment in good operating order, Including the cost of filters, cables, cutting edges, end bits, plow bolts, ripper tips, hardware, lights, glass and fan belts; b) Notify the Lessor when a major repair (including repairs to the tires, rollers, idlers, sprockets, links, shoes or chain bolts) is necessary and cause the Lessor to repair, at the expense of the Lessee, any damage to or breakage of the Equipment; c) Pay for all fuels, lubricants or coolants and the electricity required to operate the Equipment; d) Repair all broken or worn out partsl(Including tires); e) Purchase from the Lessor any spare parts required to maintain and repair the Equipment; f) Allow a representative of the Lessor, at any time, to examine the Equipment and make, at the expense of the Lessee, any repairs deemed necessary by such representative including damage repairs and repairs resulting from unreasonable wear and tear; g) Cease to use the Equipment if the representative of the Lessor indicates that, in his opinion, this is desirable; h) Ensure that the Equipment is not used in a negligent or needlessly rough fashion, in a contaminated environment or for a use for which it was not intended; I) Employ people who are qualified in the performance of their respective duties and who hold a driver's license or any other applicable permits; j) Indemnity the Lessor from all losses and damages caused to the Equipment during the rental period; k) Ensure that the figures, letters, identification plates or other signs placed on the Equipment are not removed, changed, altered or erased. 1) Immediately notify the Lessor if the Equipment is seized or likely to be seized; m) Immediately notify the Lessor of any failure of the hourmeter of the Equipment and, in such event, keep a daily account of the number of hours of use of the Equipment and provide such account to the Lessor upon request; n) Pay when due all amounts payable to the Lessor as minimum rent, additional rent, insurance premiums, unreasonable wear and tear expenses, transportation costs (both ways at the shipping point of the Lessor), taxes, damages to the Equipment, bucket wear costs, interest or any other amounts contemplated in this contract; o) Pay all taxes and duties currently or subsequently applicable to the manufacturing, assembling, sale, rental, delivery, exportation, importation, repair, maintenance or use of the Equipment; p) Upon request from the Lessor, pay immediately the amount of any tax which the Lessor should have collected but did not collect; q) Return the Equipment to the Lessor in a good state of repair at the location Indicated by the Lessor. If the Lessor indicates to the Lessee that the Equipment must be returned at a location other than the shipping point of the Lessor, it shall bear any additional costs (i.e. the difference between the delivery costs payable for the delivery at the location indicated by the Lessor and the delivery costs which would have been payable if the Equipment had been delivered at the shipping point of the Lessor) arising therefrom; and r) Not sublease the Equipment or assign or transfer Its rights therein without the written consent of the Lessor s) Not make any modifications to the Equipment without the prior written consent of the Lessor. t) Keep the equipment free of ail liens, charges or other encumbrances, and shall reimburse the Lessor forthwith on demand for all payments in respect of such liens, charges or encumbrances. DEFAULT OF THE LESSOR TO DELIVER THE EQUIPMENT a) If the Lessor does not deliver the Equipment in the condition provided for in the contract and if such default does not result from circumstances beyond the control of the Lessor, the Lessee may, following a notice of ten (10) days given to the Lessor to remedy its default, terminate this contract and, in that event, the Lessee's rights shall be strictly limited to recovering the amounts paid without interest or penalty. b) However, if the Lessor is unable or fails to deliver the Equipment or to perform any maintenance work, repair or service due to an act of God, a strike, a lock -out, a labour dispute, a default of its suppliers or carriers, an embargo, a shortage of labour or material, a technical failure, a loss of production or any other cause beyond the control of the Lessor, whether or not specified herein, the Lessor shall in no event be liable for such inability or failure of for any loss or damage resulting therefrom. c) The time allocated for delivery or performance by the Lessor shall be extended by a period of time equal to the duration of the inability or default. In addition, the Lessor has the option to notify the Lessee that the delivery of the Equipment or the performance of any service is cancelled, during or following such inability or failure. 5. LEASED PREMISES The Lessee shall notify the Lessor before moving the Equipment to leased premises and notify the Lessor in writing of the new location of the Equipment at least five (5) days before its removal, in order to allow the Lessor to advise the owner of the leased premises of the Lessor's rights in the Equipment. INSURANCE AND LIABILITY OF THE LESSEE a) Loss of or damage to the Equipment: i) The lessor may provide "All Risks" insurance covering the equipment and protecting the rights and interests of the Lessor and Lessee, provided the equipment is an electric generator set, the premiums to be borne by the Lessee. The insurance shall be subject to a deductible of 10% of the value of the equipment with a minimum of $10,000.00 and a maximum of $50,000.00 per occurance. ii) The Lessee agrees that from the time of delivery from the shipping point of the Lessor, the Equipment shall become the Lessee's responsibility and that, until the end of the rental period, except if the Lessor provides the insurance, the Lessee shall keep the Equipment insured against any risk of material damage for the full insurable value established by the Lessor and indicated on the face page hereof, the Lessor being designated as beneficiary of such policy to the extent of its interest. The Lessee shall provide to the Lessor a proof of such insurance by causing the form of "Insurance certificate" of the Lessor to be duly completed and signed by the insurer of the Lessee. Notwithstanding any such insurance, the Lessee shall remain liable forthe complete indemnification of the Lessor, including the deductible and any depreciation established by the insurer, as well as any other losses established by the Lessor. iii) The Lessee shall notify the Lessor of any damage to the Equipment within twenty-four (24) hours following the event having caused the damage and indicate the time, the place and the cause of the damage. If insurance has been provided pursuant to paragraph (i) above and if the failure of the Lessee to advise the Lessor within the specified time period results in a refusal by the insurance company to honour a claim, the Lessee shall then become wholly liable for the damages and losses. Public liability insurance: t) The Lessee agrees that from the time of delivery from the shipping point of the Lessor, any claim for damages or expenditures resulting from the use of the Equipment by the Lessee, its employees, agents or carriers, that causes bodily injury, including death, or damage to the property of others, including the loss of the use of the property, is the responsibility of the Lessee. ii) Without limiting the generality of paragraph (i) above, the Lessee must subscribe, throughout the rental period, a separate insurance policy or an endorsement to the existing policy for public liability insurance of a minimum of $1,000,000 by occurrence, for bodily injury and property damage. The Lessor shall be designated, jointly with the Lessee, as beneficiary under such insurance policy. The Lessee must provide the Lessor with a proof of such insurance by causing the form of "insurance certificate" of the Lessor to be duly completed and signed by the insurer of the Lessee. iii) In addition, the Lessee undertakes to defend and indemnity the Lessor against any claims, demands or legal proceedings, including any costs, expenses (including legal fees) and penalties arising from legal proceedings instituted against the Lessor as owner of the Equipment or for any other cause relating to the Equipment. 7. CLAIMS The Lessee acknowledges that the only warranties applicable to the Equipment and, consequently, the only valid bases for a claim for damages against the Lessor are as set forth in this contract or attached hereto, and the Lessee expressly waives any other warranty, implied or express, as well as any other claim for damages. The Lessee expressly waives any claim for damages against the Lessor including any claim for economic loss arising from the use or failure of the Equipment.. B. TERMINATION This contract shall be terminated automatically at the option of the Lessor, in the following cases: (i) if the Lessee does not pay when due any amount payable to the Lessor; (ft) if the Lessee falls to perform any one of its obligations hereunder; (III) if, in the opinion of the Lessor, the Equipment is Improperly used or exposed to a deterioration other than normal wear and tear; (iv) if the Lessor has grounds to believe that any amount due to it will not be paid when due; (v) if the property of the Lessee is seized or likely to be seized pursuant to writ of execution; or (vi) if the Lessee assigns its property for the benefit of its creditors, if it liquidates its property or becomes bankrupt, if a motion in bankruptcy is filed against it, if it resorts to any act or statute ; ntended to protect insolvent persons or if a liquidator, trustee or any other person invested with similar powers is appointed to administer or liquidate Its property. Upon termination of the lease the Lessor may: (i) Take possession of the Equipment, and for that purpose the Lessor may enter upon any lands and buildings of the Lessee without liability for trespass; (ii) Sell, lease, or otherwise dispose of the Equipment (ill) Recover all rentals and other amounts due; (iv) Recover damages, Including damages representing the present value of all rentals which would have become payable to the date on which the minimum term would have expired had the lease remained in force. The present value of such rentals shall be calculated by applying the prime Interest rate as at that rate of discount. 9. NOTICES Any notice required hereunder must be given in writing and transmitted by registered mall. Such notice shall be deemed to have been received on the legal day following the day of its transmission. The notice shall be transmitted to the address of the receiving party Indicated on the face page hereof. The parties may change their respective addresses for the purpose of receiving the notices by following the notice procedure set forth in this paragraph. 10 INSPECTION The Lessee may, at its own expense, before the loading of the Equipment for shipment to the Lessee, have the Equipment inspected by a qualified person approved by the Lessor. If it is established that the Equipment does not substantially conform to this contract, such Inspection shall be at the expense of the Lessor, and the Lessor shall have three (3) days to provide conforming Equipment to the Lessee. Notwithstanding the foregoing, the Lessee waives any recourse whatsoever with respect to the default of the Lessor to deliver the Equipment or to any late delivery. If the Lessee falls to have such an inspection made, the Equipment shall be deemed to be in a good state of repair upon delivery. Because of the right of the Lessee to Inspect the Equipment before shipping, the Lessor is not required to provide a warranty to the Lessee against any defect, apparent or not, except to the extent that a warranty is attached to this contract. 11. TITLE Title to the Equipment shall remain vested in the Lessor. The Lessee shall not allow the Equipment to become realty by attachment to land or building, or otherwise, without prior written consent of the Lessor. 12.ASSIGNMENT The Lessee hereby takes notice that the Lessor may, without notice, assign this agreement and all its right, title and interest to property in and ownership of the Equipment. 13. LEGAL FEES AND COSTS If the services of a solicitor are retained for the purpose of enforcing the terms of this contract, the Lessee undertakes to pay all expenses and disbursements incurred by the Lessor as well as, to the extent reasonable, any fees payable by the Lessor to its solicitors on a solicitor and own client basis. 14. RIGHT OF THE LESSOR TO TERMINATE THIS CONTRACT At any time prior to delivery of the Equipment to the Lessee, the Lessor may terminate this contract. It the contract is so terminated, the Lessor shall return to the Lessee all amounts received from it, wAhout interest or penalty. The Lessee expressly waives its right to exercise any recourse whatsoever if the Lessor terminates this contract in the manner provided for In this section. 15. BUCKET WEAR All buckets are supplied with new or near new teeth and cutting edges. The Lessee agrees that upon the return of the Equipment the condition of the teeth and cutting edges will be similar to that at the commencement of the rental. If the teeth and cutting edges are not In similar condition the Lessee agrees to pay the Lessor an amount equal to the cost of restoring the bucket to its condition at the start of the rental. 16. ACKNOWLEDGEMENT OF THE LESSEE The Lessee acknowledges that the Equipment was purchased or put at its disposal by the Lessor for its exclusive use during the rental period and undertakes, even in the event of a default, to pay in full the rent and all other amounts payable to the Lessor. The minimum rent and the other amounts payable to the Lessor shall not be subject to any reduction for unused time during the rental period in the event the Equipment is returned before the expiration of such period or for any other reason (Including the termination of this contract). This is an essential condition of this contract without which it would not have been entered into by the Lessor. 17. ENTIRE CONTRACT This contract replaces and revokes, with respect to Its object, all prior documents and all offers, proposals, negotiations, representations, agreements and communlca0ons, oral orwritten, between the parties. It represents, with respect to its object, the entire contract entered Into between the parties and may only be amended by a document signed by each of the parties. This contract shall endure to the benefit of and bind the heirs, executors, administrators, successors and assigns of the Lessee and the Lessor. 18. APPLICABLE LAWS AND ELECTION OF DOMICILE This contract shall be governed under the laws of Nova Scotia and the parties hereto irrevocably attorn to the jurisdiction of the courts of Nova Scotia or New Brunswick at the option of the Lessor. 19. LANGUAGE CLAUSE The parties confirm that they have requested that this contract and all related documents be drafted in English. Les parties ont exigd aue /e present contrat et tous Isis documents connexes soient rAdiods an analais. 20. GENERAL CLAUSES The rights and recourses of the Lessor hereunder or underthe applicable laws may be, at its discretion, cumulative but they are non alternative. Any waiver by the Lessor of a default hereunder shall not constitute a waiver of any other subsequent default. Any waiver of a provision of this contract may not be opposed to the Lessor unless consented to in writing. Unless otherwise required by the context, the term "Equipment" means the equipment described on the face page of this contract or any part of this contract and includes all equipment, accessories, things and documents (including the registrations) related thereto; the term "rental period" means the minimum rental period and any renewal thereof; the term "minimum rental period" means the minimum rental period indicated on the face page of this contract; and the term "undercarriage" means the axles, bushings, links, shoes, front idlers, upper rollers, lower rollers and sprockets. Upon request, the parties agree to sign and cause to be signed all documents, and to do and cause to be done all acts, necessary or useful in order to give full effect to the letter and the spirit of this contract. 120 The City of Saint John March 22, 2012 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: PALS Partnership with Lorne Middle School As you know, in 2007 employees of the City of Saint John began a great relationship with the students of Lorne Middle School in the Old North End. Partners Assisting Local Schools (PALS) is a community effort to support young people in our community. In particular, the program seeks to enhance the educational experience for the students of Lorne by exposing the students to participatory learning opportunities that promote group work, creativity and critical thinking. The majority of the individual events or activities that have been planned for the students of Lorne have been successful, as the learning objectives have been complemented by a strong mentorship team. . As such, PALS volunteers from the City of Saint John feel that the partnership with Lorne has been an unequivocal success. The purpose of this report is to provide you with an update on some of the initiatives that have taken place and ask Council for its continued support. Motivated by the positive impact the PALS program has on the kids at Lorne Middle School, the volunteers at the City have been very generous in offering their time and skills to make the partnership work. Employees have worked numerous hours both one -on -one and in groups with a wide range of activities, including the breakfast program, school supply drives, winter clothing drives, Santa Clause Parade float, Christmas dinner, BBQs, intramural sports, tutoring, "stick bridge" building and learning robotics. Our focus has been based entirely on the students and supporting staff in creating a learning environment. A number of enrichment activities have been completed this year including a visit to the Imperial Theatre to seethe show "A Story before Time ", an in -house musical performance from the Halifax -based Hip Hop band "Three Sheet ", a tour of Hemming House Studios, a boxing workshop, a pottery lesson, and snowshoeing. Upcoming events include a tour of the CBC radio studio and Fundy Solid Waste, as well as the City hosting a Career Day for Lorne's students. n6% — - -- — SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 121 Individual employees have given their leadership, promoting involvement, generating ideas, coordinating initiatives and raising supporting funds. In order for employees to continue to provide support for the program, it is recommended that Common Council continue its support of the PALS Partnership with Lorne Middle School. The PALS partners are asking the City to provide a donation of $1,000 to help support some of the upcoming initiatives. Respectfully submitted, 0"�'C \� Cindy Blizzard PALS Coordinator J atrick Woods, CGA Ci Manager 122 R.EPORIJ TO COMMON COUNCIL M &C- 2012 -62 March 22, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Early Termination Police Space BACKGROUND: City of Saint John In August of 2011, The City of Saint John and Se -Fish Associates Limited & 058854 NB Ltd. entered into an agreement to extend the Lease of Police space in City Hall until December 31, 2012. There was a mechanism in the Agreement that would allow the City to terminate the last three months of the term by providing the Landlord with 6 months written notice. The termination of the last three months of the term will save the City common area maintenance charges and real property taxes for the months of October, November and December 2012, The Saint John Police Force have provided direction to Real Estate Services to indicating that the Force will be occupying their new building prior to September 30, 2012. The Force has therefore requested that Real Estates Services seek the appropriate resolution from Common Council to exercise the early termination clause of the lease. The formal notice to terminate the last three months of the Agreement, with six months written notice, should be provided to the landlord on or before March 31, 2012. RECOMMENDATION: 1. That The City of Saint John give notice to the Landlord that the City exercise its right under Clause 1. iv of the Lease Amending Agreement. Respectfully submitted, orrest, MCIP, RPP J. Patrick Woods, CGA Commissioner, Planning & Development City Manager 123 LEASE AMENDMENT AGREEMENT THIS LEASE AMENDMENT AGREEMENT dated the — day of July, 2011 BETWEEN: SE -FISH ASSOCIATES LIMITED and 058854 N.B. LTD (the "Landlord ") AND: THE CITY OF SAINT JOHN (the "Tenant ") WHEREAS: OF THE FIRST PART OF THE SECOND PART A. By a lease dated the 6th day of November 2007, (the 'Lease") the Landlord leased to the Tenant for and during a term of 3 years, expiring on the 30"` day of April, 2009 , certain premises as more particularly described as "Police Space" in the Lease, located at 15 Market Square, in the Qty of Saint John, in the Province of New Brunswick. B, By a letter dated April 28, 2008 as formal notification under Schedule E, Section 7 "Option to Renew" of the Lease. tb* Tenant exercised the Option to extend the Lease to April 30"', 2011. C. Capitalized terms used in this Agreement have the same meanings as are respectively ascribed thereto in the Lease, except as herein otherwise expressly provided. D. The parties hereto desire to amend certain provisions of the Lease: NOW THEREFORE THIS LEASE AMENDMENT AGREEMENT WITNESSES that in consideration of the sum of Ten Dollars ($10.00) now paid by each party hereto to the other (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto covenant and agree that the Lease be and the same is hereby amended effective the 151 day of May, 2011 (the "Effective Date ") as follows: Schedule E, Section 7 "Option to Renew" of the Lease is amended to include the following: Item 7. TERM of the Term Sheet is hereby deleted and a new Item 7. TERM is inserted as follows: "A third option to renew is available to the Tenant under the following Terms: i. the Term is extended to December 31st, 2012; ii. the Rent for the extended term is $8.00 per square foot net; iii. the Tenant has a one -time Option to Extend the Lease by three months upon providing 6 months written notice to the Landlord; iv. the Tenant has the one -time Option to Return the Police Space to the Landlord for the final three months of the extended term provided six months' notice. The Tenant would be released from net rent payment only during the final three months of the extended term." Lease Remains in Force - Except with respect to the amendments contained herein, all other terms and conditions contained in the Lease shall remain unamended and in full force and effect. MORGUARD March 2006 - Lease Amendment Agreement 124 Page 1 Binding Effect - This Agreement shall enure to the benefit of and be binding upon the successors and assigns of the Landlord and the heirs, executors and administrators and the permitted successors and assigns of the Tenant. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. WITNESS to signature of Tenant: Signature: Print Name: Address: Occupation: LANDLORD: SE -FISH ASSOCIATES LIMITED By:' Name: Title: By: Name: Title: IIWe have authority to bind the corporation LANDLORD: 058854 N.B. LTD. By: Name: Title: By: Name: Title: IMe have authority to bind the corporation TENANT: A AVM afpr,J L�?r/�. 0 a `_ ®/)3A1 o N% e.•9u.A1G i � i �Sc�, :L : i'DN; MORGUARD March 2006- Lease Amendment Agreement 125 Page 2 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Jonathan A. Taylor, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the Assistant Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the Seal to the aforegoing instrument affixed is the Common Seal of the City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "G. Ivan Court" to the said instrument is the signature of G. Ivan Court, Mayor of the said City, and the signature "Jonathan A. Taylor" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of the City of Saint John. SWORN TO BEFORE ME at the City of Saint John in the County of Saint John and Province of New Brunswick, this z, 7'J ? day of July, 2011. i Lynda D. Farrell Commissioner of Oaths Being a Solicitor 126 N Jonathan A. Taylor JDN COUNCIL M &C- 2012 -60 March 21, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 3 Water Street (Fundy Quay), 661 Dever Road, 4 Broadway Avenue and 191 Churchill Boulevard BACKGROUND: T ir, City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Saint John 3 Water Street "ID" & "T" "ID -W" To permit a Development (Fundy Quay) mixture of resi- Corporation dential, retail, commercial, office and hospi- tality uses Keri Lynn & 661 Dever Road 4413-2" Sec. 39 To permit a day Peter Mitchell Amendment care centre in the existing building Michael 4 Broadway Avenue 4413-2" "1 -1" To permit the Defazio construction of a new building for an autobody shop 127 M &C- 2012 -60 -2- March 21, 2012 Name of Location Existing Proposed Reason Applicant Zone Zone Hughes Surveys 191 Churchill 4&RM -1" 4LIL -2" To permit the & Consultants Boulevard construction of a Inc. (for Saint new YM -YWCA John YMCA - YWCA) The Fundy Quay application includes the City -owned parking lot, Ward Street and Peters Wharf as part of the proposed development site. Therefore, it is necessary that Common Council authorize the Saint John Development Corporation to make the application. The proposed site of the Saint John YMCA -YWCA also includes City -owned land; however Common Council has already given its authorization for the rezoning application at its meeting of February 13, 2012. RECOMMENDATION: That Common Council: 1. authorize the Saint John Development Corporation to make application for rezoning of the City -owned portion of the proposed Fundy Quay development site, being PID 55011894, Ward Street and Peters Wharf; and 2. schedule the public hearings for the rezoning and Section 39 amendment applications of the Saint John Development Corporation (3 Water Street — Fundy Quay), Keri Lynn & Peter Mitchell (661 Dever Road), Michael Defazio (4 Broadway Avenue) and Hughes Surveys & Consultants Inc. (for Saint John YMCA -YWCA) (191 Churchill Boulevard) for Monday, April 23, 2012 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken orrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 128 TO C01, APV'1_'0)N C 10, 1 TC!L M &C- 2012 -55 March 21, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Brentwood Crescent Storm Sewer Project - Woodward Ave. Amendment of Closing Date for Bullock Estate BACKGROUND: City of Saint John Common Council at its November 21, 2011 meeting adopted a resolution (M & C #2011- 298) to purchase a 262 square metre portion of a property, identified as being PID #55107247, from the Estate of Gaile Bullock. This land acquisition was one of several required for the above noted project. The resolution as presented to and adopted by Council was scheduled to close on or before March 31, 2012. The exchange cannot be completed by this date and needs to be extended. The intention of both parties is to conclude the exchange albeit on an extended closing date; on or before August 31, 2012. RECOMMENDATION: That Common Council resolves to acquire the 262 square metre f parcel of land from Frederick Bullock and Nancy Jemmett being the only heirs of Gailc F. Bullock under the same terms and conditions as adopted November 21, 2011 save and except the date of closing which shall be on or before August 31, 2012. In all other respects the resolution of November 21, 2011 remains unchanged. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments 129 J. Patrick Woods, C.G.A. City Manager 1-1 s p 6'�a= Hrsap p a o a ci S2 a� O �pp ip • 4 8p #t ii ��3y 3F r t6 atg $ L m `ac� ►a m �N �y �E1 9��ONOw J.7f x L J U C E QS , = I -1 e III; m�fa ° arai a v /c a� 1 aa 7p1 r 1 i I O O 1 to � m h" bg Ala f° 1� Ri rl a6 C� F yyS w -aaga3 l l l y � 6 N m 3 >7 N z AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendors and the Vendors agree to sell to the Purchaser the lands designated PID #55107247 by Service New Brunswick thereinafter the "Real Property") upon the following terms and conditions: Vendor: Frederick Bullock f Boiestown, NO and A Nancy Jemmett o� Ontario being the o ly heirs of Gaile F. Bullock, deceased, late of Saint John, NB Purchaser: T"E Chit' OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21-41.1 Attention: The Common Clerk Premises: The real property comprises 262 square metres of land lying on the north side of Woodward Avenue, a public street in the City of Saint John between the said north side of Woodward Avenue and lands designated by PID #55213755 as shown on a Subdivision Plan prepared by Klerstead Quigley and Roberts Ltd. being Dwg. No. 2963, a photo reduced copy being attached hereto. Purchase Price: $7,388.00+ HST. if applicable Deposit: $200.00 payable upon the adoption of the Common Council Resolution, ($100.00 to each of the Vendors) Balance: $7,188.00 + HST payable on Closing ($3,594.00 to each Vendor) Closing gate: On or before March 31, 2012. 1. The Purchaser shall acquire unencumbered freehold title to the Real Property; title shall vest in the Purchaser upon the filing of a Subdivision Plan pursuant to S. 56(4)(8) of the Community Planning Act (New Brunswick). 2. The Purchaser may examine title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. If within that time any valid objection to the title to the Real Property Is made In writing by the Purchaser to the Vendors which the Vendors shall be unable or unwilling to remove within twenty (20) 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 shall be returned by the 131 Agreement of Purchase and Sale Frederick Bullock and Nancy }emmett and The city of Saint John Vendors without interest and the Vendors 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 Vendors to the Real Property. 3. In the event that the Vendors' title is encumbered, the determination that any encumbrance exlsts is in the sole and absolute discretion of the Purchaser, the Vendors shall obtain a Release, in registerable form, of such encumbrance. 4. (I) The Purchaser shall, at its cost obtain and file in the Saint John County Registry Office the Subdivision Plan required to effect the conveyance herein contemplated; and ;ii) The Vendors hereby appoint the Purchaser their agent to make any application the Purchaser deems to be required under the Community Planning Act (NB). 5. The Purchaser shall have vacant possession of the Real Property on Closing. 6. The Vendors acknowledge that both Vendors must execute this agreement and sign the Subdivision Plan; should one of the Vendors not sign this agreement or the Subdivision Plan, then this agreement is null and void and any and all monies paid hereunder must be forthwith returned to the Purchase. 7 The Vendors shall provide to the Purchaser such evidence as the Purchaser may, at its sole discretion, require to ensure that the Vendors are the sole heirs of the late Gaile F. Bullock and further the Vendors shall release and indemnify the Purchaser from any and all liability in respect of any claims which may be made against the Purchaser by a claimant to the Estate of Gaile F. Bullock, deceased. 8. This offer shall be irrevocable by the Vendors until 4:00 p.m, local time on November 30, 2011 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 91 The Vendors acknowledge that acceptance by the Purchaser must be by resolution of the Common Council of the City of Saint John. 10. This offer, when accepted, shall be read with all changes of gender or number required by the context and shall be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns and time shall In all aspects be of the essence hereof. 132 Agreement of Purchase and sate Frederick Bullock and Nancy Jemmett and The City of WntJoihn IN WITNESS WHEREOF the Vendors have caused these presents to be executed tfiis3� day of e = Vendor Frederick Bullock i ?Witness Vendor 1 m ett AND the Purchaser has caused these presents to be executed this day of 011. THE CITY OF SAINT JOHN Mayor Common Gerk Common Council Resolution: 133 M &C-- 2012 - 56 March 23, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STREET NAMING BACKGROUND a City of Saint John A new development, consisting of four commercial and residential buildings, is being developed off Bentley Street. In order to ensure that each building is easy to locate for emergency service providers, it is Staff's opinion that the entrance into the development should be assigned a unique street name. The developer has suggested cour King George Court as a street name for this access. This proposed street name meets NB 9 -1 -1 guidelines; therefore Staff has no objection to this street name. RECOMMENDATION It is recommended that Common Council amend the list of Official Street Names and approve the following change: 1. Add the name cour King George Court. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 134 ID !S ;aj of J7 J -1n_ N1, i3: April 16, 2012 City of Saint John Attention: Elizabeth Gormley, Common Clerk 15 Market Square P.O. Box 1971 Saint John N.B. E21- 4L1 Re: Rockwood Park Golf Course and Aquatic Driving Range Report submitted pursuant to a Contract between The City of Saint john and Total Golf Management Inc. dated March 05, 1999. Dear Ms. Gormley: Within this annual submission to Common Council, please find a report from Total Golf Management Inc. to the City of Saint)ohn which is being provided in accordance with Article IVO 1) and IVO 3) of the contract between the City of Saint John and Total Golf Management Inc. dated March 5, 1999 involving the Rockwood Park Golf Course and Aquatic Driving Range. A single attachment is provided with this letter. Modest fee increases are required to offset generally increasing costs. The proposed fees at Rockwood are still very reasonable in comparison to the fees charged at many similar and lesser facilities in the Province of New Brunswick. TGMI hopes that the report is received favourably and filed by Common Council. Respectfully submitted, Gerry nnolly President, Total Golf Management Inc. cc: Gary Lawson 135 TOTAL GOLF MANAGEMENT INC. -and- THE CITY OF SAINT JOHN Rockwood Park Golf Course and Aquatic Driving Range Report 136 Attachment to TGMI Letter dated 16 March 2012 Accomplishments / Enhancements 2011 Golf Season. City staff conducted site visits to assess TGMI's contractual performance. Feedback from the City to TGMI indicated that it is fully compliant with contract terms and conditions. Similar annual performance reviews have transpired each year since contract signing. TGMI continued to operate a Junior Golf Program for many local youth between the ages of 10 and 18 years. The program has been offered each year since 1995 and provides great value. The Program includes: 1) A series of golf clinics and, in some cases, private instruction, 2) an Opening Field Day to kick off the golf season once school classes end, 3) a Club Championship whereby Junior Club Champions are crowned, 4) a Closing Field Day in late August and 5) an opportunity to play a lot of golf for a very reasonable annual fee, with few restrictions. There were a total of 23,514 rounds of golf played at the Rockwood Park Golf Course during the 2012 golf season. This is a decrease of almost 2000 rounds compared to the total usage during the 2011 golf season. It should also be noted that total usage in 2012 is down 9,000 rounds compared to 2001, at which time the economy was booming and there was favourable weather throughout the entiregolf season. Poor weather, similarto that experienced throughout the 2011 golf season, can cause considerable grief for golf course operators. A sluggish economy exacerbates the situation. The Rockwood Park Golf Course hosted the local United Way Charity Golf Tournament again in 2011. TGMI waives all green fee costs associated with this annual event, contributing significantly to the annual bottom line of the charity. The resulting lost revenue to TGMI for this "in- kind" community support was more than $ 3,900.00 in 2011 The golf course also continued to host other Charity golf tournaments and worked diligently with tournament organizers to maximize event fund raising. 137 2012 Fee Structure. tax extra GREENS FEES, Rack Rates 2011 2012 Junior greens fee ( Age 10 - Age 18) 15.93 15.93 Adult greens fee ( Age 19 - Age 59, 7 days a week): (See Note 1) 34.52 35.40 Senior greens fee ( Age 60 +,See Note 2) 23.01 23.90 MEMBERSHIP ANNUAL FEES Junior ( Age 10 - Age 18, See Note 3) 269.91 283.19 Student ( Age 19 +, See Note 4) 380.53 393.80 Young Adult ( Age 19 - Age 25) 495.58 508.85 Intermediate Adult ( Age 26 - Age 35) 632.74 646.02 Adult ( Age 36 - Age 59) 876.11 889.38 Senior ( restricted, Age 60 +, See Note 5) 654.87 668.14 Senior ( unrestricted, Age 60 +) 778.86 792.04 Note 1) - Special in- season and shoulder season fees may be offered. Note 2) - The senior greens fee rate applies all day each Monday through Friday throughout the entire golf season, for any golfer who has reached their 60`h birthday. Note 3) - Junior members may neither tee off before noon on weekends nor between 3pm and 5pm on weekdays. Note 4) - Student members must have been enrolled full time at either university or college during the 2011 / 2012 school year. Note 5) - Senior members, restricted, may not tee off prior to noon on weekends. Power Carts, 18 holes 26.55 Pull Carts 4.42 Rental Clubs 17.70 Plans for 2012 The City has been advised, in previous reports to council, about specific / imminent Capital work which must be completed at the golf course and driving range. There has been no action or discussion about this issue by council. We must initiate discussions, TGMI and City staff, to find a way forward towards planning/ completing at least 2 of these projects in 2012. It would be extremely unwise to ignore corrective action on these failing components. 138 c i J c c IT Tcr m REPORT TO COMMON C ;UN �1L M & C — 2012 -67 March 23, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: rn, M City of Saint John SUBJECT: HARBOUR CLEAN -UP — LIFT STATION # 5 Stop Up and Close Portion of Gilbert Street, formerly Gilbert's Lane Design engineering has determined that the favourable location for Harbour Clean-Up sewer lift station #5 consists of an area of 182 sq m +/- located on a portion of Gilbert Street, formerly Gilbert's Lane in the vicinity of the CNR marshalling yard near Haymarket Square. The attached Crandall Engineering sketch titled "Gilbert Street - Sanitary Lift Station #5 & Forcemain Installation" dated February 23, 2012 shows the location and layout of the proposed lift station lot. The footprint of the site has been kept to a minimum in order to allow for legal access to the remainder of Gilbert Street, formerly Gilbert's Lane beyond the proposed lift station site. In order to accommodate the proposed lift station in this location, a portion of Gilbert Street, formerly Gilbert's Lane should be stopped up and closed. Staff therefore seek Common Council's direction to initiate the stop -up and closing of a portion of Gilbert Street, formerly Gilbert's Lane. 140 RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 182 square metre ± portion of a public street known as Gilbert Street, formerly Gilbert's Lane, be set for Monday April 23, 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.. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager PW W/p attachments 141 03 how cc log e,,' , vikv ad it E a -0a i Z-L \ �4 OPSO 0000- 0 z z 142 z YXI a. \ I Y mg 142 z YXI a. \ I Y So+ Friendship Games c/o Seniors' Resource Centre Brunswich Square, Level 111 39 King Street, Saint John, NB E21. 4W3 March 12, 2012 Mayor Ivan Court and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E21, 4L 1 Dear Mayor Court and Council Members: ntLEIVED COMMON CLERK'S OFFICE MAR 14 2012 CITY OF AINT JOHN Get outa. Valn- JO&' the Friendshlp Games Our Annual 50+ Friendship Games for this year are scheduled for June 3 -8. The Opening Ceremonies will be on June 3, 1:00 p.m. at the Lily Lake Pavilion. An Awards Banquet will be held at Exhibition Park on June 8, 6:00 p.m. These games are open to anyone over 50 in the Greater Saint John and surrounding area. They have been in operation since 1990. Games are held in various locations throughout the City. They are designed to make this age group more aware of the many recreation opportunities that are available to enhance a healthy and active lifestyle. Of equal importance is the socialization aspect whereby participants make new friends and enjoy meeting old ones in friendly competition. Over 20 events are available ranging from card games such as cribbage and auction 45s to bowling, shuffleboard, and horseshoes and on to more active pursuits such as golf and swimming. We are expecting approximately300 competitors. For the last several years, the City of Saint John provided us with a grant of $1,000.00. It would be greatly appreciated if a similar donation could be made to us this year to assist in making these games a success. Thank you for considering our request. If you require further information, please contact me at 832 -5615. Sincerely, David Edmonds Chairman, 2012 50+ Friendship Games 143 f: i The city of saint John Mayor Ivan Court Mayor's Office Bureau du maize PROCLAIMATION WHEREAS: the Honourable James Moore, Minister of Canadian Heritage and Official Languages, announced that the Government of Canada will now officially recognize April 6th as Tartan Day; and WHEREAS: many Canadian provinces and other countries already celebrate Tartan Day. As well, through Tartan Day, Canadians will have an opportunity to learn more about the various cultures that comprise Canadian society; and WHEREAS: we encourage Canadians all across the country to celebrate the contributions that over four million Canadians of Scottish heritage continue to make to the foundation of our country; and WHEREAS: in Canada, Tartan Day is celebrated on April 6th, the anniversary of the Declaration of Arbroath, the Scottish declaration of independence, Tartan Day celebrations typically include parades of pipe bands, Highland dancing and sports, and other Scottish -theme events; and WHEREAS: April the 6th falls on Good Friday this year we will be celebrating Tartan Day on April the 5th NOW THEREFORE: I, Mayor Ivan Court, a41faint John do hereby proclaim April 5t", 2012 as Tartan Day, the anniversary of the Declaration of Arbroath, the Scottish declaration of independence in the City of Saint John. In witness whereof I have set my hand and affixed the of the Mayor of the City of Saint John. f?r SAINT JOHN P.C. Box 1 971 Saint John, NB Canada E2L 4L1 ��wa w_mintjohn.ca CA 19 144 7 2 The City of saint John Mayor Ivan Court Mayor's Office Bureau du i -mire WHEREAS: PROCLAMATION oncology nurses are committed to providing quality oncology care; and WHEREAS: oncology nurses have demonstrated excellence in patient care, teaching, research, administration, and education in the field of oncology nursing; and WHEREAS: oncology nurses endeavor to educate the public in the prevention and treatment of cancer; NOW THEREFORE: I Ma or Ivan Court '^'� f .Y �--� o Saint John do hereby proclaim April 3'd, 2012 as "Canadian Oncology Nursing Day" in the City of Saint John and urge all residents of the City of Saint John to join in observance of and participate in activities to recognize the special contribution oncology nurses provide to the public. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 4007 SAINT JOHN P.O. Box 1971 Saint John, N8 C +°+.: c ;:: E2L 4L1 wvww.saingoh i.ca :_ F. 1 971 S n, john, r; 145 Canada E21- 4Li Rockwood Park 'het to watt"we W�, tke k e2 rt of tke cLt� WWWW w fm' 9 iY iF. s_ 1 Aiw r it _ _ . ^, _. E =w�a � u. ■o �i ld�f�r ' Iti '�I■ '.�:- ... �.■ .. rein _. oil 146 Rockwood Park Staff • Emilie Murphy - Rockwood Park Naturalist • Nona Tilley - Rockwood Administrative Assistant • Greg Cutler — Rockwood Special Event Coordinator MIM 0 0 0 Who Uses the Park? Calendar of Events at — www.rockwoodpark.ca — Interpretation Centre Park Events 50,000 + Outdoor recreation 600,000+ • Interpretation Centre 20,000+ M111-01 1 4. - - What's Happening in the Park? 149 • Pond Hockey • Soapbox Derby • Marathon by the Sea • Eco- challenge • Canada, NB, Labour Day • Celebrating Green Space • Canoe Tournament • Senior Friendship Games • Intl Trails Day • Folk Festival • Art In the Park Management of our Resource 'Ev�,coL,w2ge Tw�,D tcse wkUe at tke saw-e ti,vm protecti,o,q tine ecoLoqic2 L — Trail signage — Map — Fostering ownership — Direction for other Parks City wide. 150 •c Naturalist Programs- connecting with nature -Trail signage /Map - Educational talks for all ages - photography - astronomy - gardening - birding -plant ID - composting /community garden - training your dog for the Park -Trail building 'to use tke T>2 6z as 2w oL/ct� oor classroowC 151 Stakeholder Cooperation Key • Marketing the Park as a package — Public /Community Garden — Pavilion — Cafe — Daytripping (outdoor adventure) — Interpretation centre — Campground — Beaches — Stable — Zoo — Golf Course — Top class trail system II, 1 r a v r.tf /5< �I PARC ROCKWOOD PARK 152 � f.r O ri 13 on a cW aMenture. uroQ try Me uxerpreMon c.erwe for a VW rr t SS traits to explore year round a. +o o Horseback ride, cnm oountry sla and skate, just five ffwwtes from t I S Vzut us for the day or stay a ktt;e wNe bnger in the can pgrouncf, ❑ the c2Y 1 4w r �.'�,� ,� •_ . � .�'�- ,I�,.�•p .may � Im �nT'i .�I:• .. .. .. i�� �•� T 153 Capital Projects at Rockwood 154 Rockwood Park Re- Development Project crnfi. -1 d_{ Ily I -irry 1'cgl. Cell rsr.L'IV Lily L.-t e lac Mly 1- LAJJ&?JNp l �nrlllr, -n l P_rnlaal Orin MW { uo„, ene OWIL.n4aal MIN Trail I � - �� • - &rN.kw 044 174VIr 4M;W.A3rlrasJ s ' i.rlar w mwl±x�ia.N q�ir� i• .' lei -° --' _ /- � Prcl'�cc U- Itr•IIa Pam l$^. I'Igd G15916SG a, Ago OEM Pro `e Rockwood Park Re-development Pr%'CCI t de re-Fame'nagement du Parc Rockwood 155 Rockwood Park Re-Development Project P109LLI 71 FUNIL Par -unc 3ind Vv iiir. ArOm I Xim 'IF f4'j l:Plydfllf? . s E3 A m m m AvrWwtj LLt IC i4b a. Rockwood Park Re-develo-p--ment Proiec Projet de re"ame I nagemcnt du P c Rockwood " I. r5 "I. N1 r. I V_ '20-Ph I N4 W L l6iH RL 2LIUN 1 [91001, Saint John Horticultural Association .1` a .'7 —' SAINT JOHN NORTICTILTVRAI I ASSOCIATION 1993 — t993 jt 7 •111\ 11FM1 It t\ACID tt1 UVar WQ All ^ar�at • �', •\Vf.1AtK•t tlI DIC ACID >rl tM �'. •- � tl and MILN101 01 tOVMt\ LWa A� ry of Y/ 1 r ...'fir i ''v � - � r'J. .• It ,,•H;:• ,fir ,tea � - -.;.• .' • ";'• 4j?�'. 157 Saint John Horticultural Association • Founded 1893 • Entirely volunteer • Partially funded by the City • Pavilion Advisory Board • Rockwood Park Advisory Board • Supervise maintain Public Garden and Campground MI-01 Use of SJHA facilities �- �? -. • 11 Weddings for Public Garden • 30 groups registered for pictures • Proms • Campground 22,000 • Pavilion 230 events — Weddings — Corporate events — Fundraisers r-: . IF '- � • 159 Request for in kind service • Free up some money for improvements • Removal of chain link fence • Planting along Seely Street • Maintenance of gravel wa I kways • Expansion of entry from Seely Street • Paving of roadway W1,1 Sculpture Saint John • Would like Public Gardens to be considered as a location ti Sculpture Saint John August 2 - September 15. 2012 Agnessa Petrova - Bulgaria E Radoslav Sultov - Bulgaria 161 Hirovuki Asano - Japan r F P Jhon Gogaberishvili - Georqia Jo Kley - Germany Jim Boyd - Canada In Conclusion • Many Stakeholders and Volunteers — Emera gift — Municipal, Provincial, and Federal Gov't — Prominent local businesses — Citizens • Revitalized use of the Park • Let's keep the momentum going! 162 � - / (CA) BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1830 square metres, located at 549 Millidge Avenue, also identified as being PID No. 00041558, from "IL -1" Neighbourhood Institutional to "SZ -17" Special Zone #17 - 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 - ARRETE 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, ddcretd 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 designation pour une parcelle de terrain d'une superficie d'environ 1 830 metres carres, situee au 549, avenue Millidge, et portant le NID 00041558, de zone de quartier a vocation collectif <( M -1 >> a zone speciale n° 17 << SZ -17 >> - toutes les modifications sont indiquees sur le plan ci joint et font pantie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2012, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - Premi6re lecture Second Reading - Deuxi6mc lecture Third Reading - Troisieme lecture 163 PROPOSED ZONING BY -LAW AMENDMENT RE: 549 MH LIDGE AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 26, 2012 at 7:00 p.m., by: Rezoning a parcel of Land with an area of approximately 1830 square metres, located at 549 Millidge Avenue, also identified as PID No. 00041558, from "IL -1" Neighbourhood Institutional to "SZ -17" Special Zone 017. REASON FOR CHANGE: To permit an animal hospital within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French sen ices for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETk SUR LE ZONAGE OBJET: 549, AVENUE MILLIDGE Par les pr6sentes, un avis public est donnd par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a Farr&& sur le zonage de The City of Saint John, fors de la r6union ordinaire qui se tiendra dans is salle du conseil le lundi 26 mars 2012A19h: Rezonage d'unc parcelle de terrain d'une superficie d'environ 1 830 metres carrels, situ6e au 549, avenue Millidge, et portant le NID 00041558, de zone de quartier a vocation collectif « IL -1 » A zone sp6ciale n° 17 « SZ-17 o. RAISON DE LA MODIFICATION: Permettre un h6pital pour animaux dans le batiment existant. Toute personne intdressde peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de l'urbanisme et du delveloppement a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention de la soussign6e a Fh6tel de ville. Si vous auriez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere communale. Elizabeth Gormley, Greffidre communale 658 -2862 `[:EAI Dear Planning and Development: My objective is to harmoniously integrate o veterinary hospital into the community of Millidgeville, by renovating the existing building on 549 Millidge Avenue, paying close attention to building and being "green ". It would be the first animal hospital to serve this community; with the closest hospital being about a 15 minute drive away. A veterinary hospital serves its community by providing surgical and medical care in order to promote, maintain, or restore the quality of life of a pet and their owner. A veterinary hospital also provides accommodations to mainly dogs and cats, sells pet nutrition and supplies, and client education. For me, a green business means minimizing any negative impact doing business may have. This includes not only the broader, natural environment, but also individual people and animals. Also, an eco- friendly business and building inherently addresses many of the concerns that may arise surrounding the establishment of a veterinary hospital in the community including the following: Traffic -The property, situated on an accommodating 2 lane road, was previously a daycare with opening hours similar to the proposed veterinary hospital, which are planned to be: Monday to Friday: 7:30 am to 5:30pm Except one week day open late until 7pm Saturday: gam to 1pm -An equivalent of 3 full time support staff, - Expect to see around a dozen appointments a day along with an average of 2 clients per hour to purchase pet supplies and medication; -Aim to attract local people and staff that can take transit or walk and bicycle to the location and use the bike racks or storage and staff shower that will be provided Noise Pollution -a veterinary hospital is not as loud as the perception may be; - speaking with people that live above a veterinary hospital, sound from below is rarely heard; -a loud environment is not healthy and is guarded against in a veterinary practice because it causes increased stress to staff and patients; - special attention is paid to individual and social interactions among animals to avoid instances where a dog will be inclined to express itself by barking; -dogs will be taken out individually, by hand, and supervised at all times; -the design of the building uses specific types of drywall and insulation to minimize transfer of cold and heat to create and energy efficient space, which in turn, also significantly dampens sound; - kenneling areas will be on the basement level, adding the benefit of earth and concrete to the acoustic barrier, W9161 Kenneling - hospitalized patients that are kenneled overnight are sick and likely not well enough to be active; -on average, the hospital will hospitalize one patient every one to two nights; - patients undergoing minor or elective surgeries (spay, neuter, dentistry) will go home the same day, once they are awake and active enough to go home without veterinary supervision; -if any healthy animals are kenneled for boarding purposes, which is a small fraction of a veterinary hospital's business (about 5 %), 50% will be cats and the other half will be dogs; - likely one dog will board every one to two days Light Pollution - indoor lights are shut off when not in use and light dimmers and motions sensors are incorporated; - outdoor lights are only on if needed and are set on timers or motion sensors Waste Handling and Disposal - outdoors, dog excrement will be picked up promptly and disposed of properly; - sanitation pick -up will be on a weekly basis; - biohazards and sharps are handled, stored and disposed of in accordance with health regulations; -the hospital will use digital x -ray technology which means there are no chemicals needed (and hence discarded); - animal remains are placed in cold storage and cremation pick up is weekly if not more often Aggressive DogsfEscapees - anytime a dog is outside, it is double leashed and taken to an isolated, shaded by trees, fenced in area behind the building; -if staff is suspicious that an animal may be an escape artist, they will not go outside; - indoors, any animal not in a cage or leashed has at least 2 doors between it and the outdoors; -in special circumstances, the hospital may decline service to exceptionally un- socialized and /or aggressive dogs that pose a risk to staff and other people It is important to me to ensure that no other concerns are missed and that I have the opportunity to be welcomed into the community. I plan to visit businesses adjacent to the building to offer answer any questions they may have and to always remain open to communication. t Sincerely, Michiko Gehrig WOODS Site Plan Building permits will be obtained and building codes will be followed in a timely fashion. Land Behind Building -Area is secluded and sheltered by trees on the left and right sides; -Back of property is secluded by raised topography and trees; -There will be a fenced area approximately 10 metres in length and 8 metres in width, with the front perimeter consisting of the building and other sides being a six 6 foot high chain link fence. Access is directly from an entrance behind the building Land Front of Building - Parking will reflect the existing parking spaces provided by the previous business; -There is a small green space by the main level entrance as was with the previous business; -On the green space, situated more than 3 metres from the road and about 1.5 metres from the ground, will be a small sign indicating the clinic name; -A wheelchair ramp will run in front of the main level from the building entrance 167 Floor Plan Building Permits will be obtained and building codes will be followed in a timely fashion. Basement Level - Kennels are situated against the back wall of the building; -Walls and ceiling insulated with sound dampening insulation and drywall (such as Roxul* and QuietRock *); -Front area of building is for cold storage, general storage, housekeeping and laundry; -Front right of the building is the staff washroom and shower with staff storage Main Floor -Front entrance leads to reception and public washroom; -Two exam rooms occupy left side of building; - Treatment is where sick patients and anaesthetic recovery patients spend a significant amount of time in designated kennels. It is located at the back of the building. Veterinary procedures are also carried out here including minor surgery (such as stitches), dental cleaning, and administration of medication. Sound dampening insulation and drywall will be incorporated into walls and ceiling; - Surgery and X -ray are to the right corner of the building. X -ray room will be shielded with lead or concrete according to Health Canada specifications; Second Floor -Left wing will be an area for consultation and office for the veterinarian. Animals will rarely enter this area; -Right wing will be a lounge for staff where they can sit /relax and eat MC1:3 54 A. Fear fence C. Driveway and Parking Lot B. Vlheelchair ;access Ramp D. Signage (3m distance from street) `M] .......... FF LJ t 1,SDO 4 r, IF SECOND FLOOR THE .:,r.-jr=l-f 7 ltir-Fa EV-1v- ROC!W EXUA ROOM%, L--- A. MAIN FLOOR WIN 1lidpro Avenue Qint.lohn., NB Proposed Flotorplan ,f ' I BASEMENT STAFF C :i� .mtal Planning Advisory Committee March 21, 2012 Your Worship and Councillors: SUBJECT: Proposed Rezoning 549 Millidge Avenue P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint John On February 27, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2012 meeting. Dr. Michiko Gehrig, the applicant, appeared to speak on behalf of the application and indicated that she was in support of the staff recommendation, with one amendment. Dr. Gehrig noted that she would like to employ two veterinarians at the animal hospital in the future, and that 10 parking spaces would be provided on the site to meet the Zoning Bylaw requirements. No one appeared to speak in opposition to the application and no letters were received. After considering the applicant's request, the Planning Advisory Committee adopted the revised recommendation as set out below. The Committee imposed no additional terms and conditions on the establishment and operation of an animal hospital on the subject site, and granted the requested variance to increase the maximum permitted sign area from 0.6 square metres to 4 square metres. The variance to reduce the minimum parking requirements was not considered as the applicant had indicated that 10 parking spaces would be provided. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 1,830 square metres, located at 549 Millidge Avenue, also identified as PID No. 0041558, from "IL -1" Neighbourhood Institutional to "SZ -17" Special Zone #17. 2. 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 1,830 square metres, located at 549 Millidge Avenue, also identified as PID No. 0041558, be subject to the following conditions: a. That a maximum of two veterinarians be employed at the animal hospital; 171 ypa b. That the use of the site for boarding and kenneling remain incidental to the main use of the site as an animal hospital. c. That the site be developed in conformity with a detailed landscaping plan to be prepared by the applicant and subject to the approval of the Development Officer. The detailed landscaping plan must include fencing to be installed at the rear of the site, landscaping, and signage to be installed at the front of the site. d. That the site be developed in conformity with a detailed parking plan to be prepared by the applicant and subject to the approval of the Development Officer. The detailed parking plan must include the minimum dimensions required by the Zoning Bylaw, as well as curbing and landscaping where appropriate. e. That the detailed landscaping and parking plans noted above be approved prior to the issuance of any building or occupancy permits for the proposed use and attached to any application for building or occupancy permits. Respectfully submitted, Eric Falkjar Chairman SH Project No. 12 -050 172 G- -s' The City of Saint John DATE: MARCH 16, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 20, 2012 PREPARED BY: REVIEWED BY: `S�'Herring, MCIP, P Planner SUBJECT: Ken Forrest, MCIP, RPP Commissioner Name of Applicant: Michiko Gehrig Name of Owner: Kids Choice Childcare Ltd. (Troy Arsenault) Location: 549 Millidge Avenue PID: 00041558 Municipal Plan: Low to Medium Density Residential Zoning: Current: "IL -1" Neighbourhood Institutional Proposed: "SZ -17" Special Zone #17 Proposal: To establish an animal hospital within the existing building. Type of Application: Rezoning, conditional use and variances to: a) Reduce the minimum required parking from 11 parking spaces to 7 parking spaces; b) Increase the maximum permitted area for a freestanding sign from 0.6 square metres to 4 square metres. SAINT JOHN P.O. Box 1 971 Saint John, N8 Canada E2L4L1 wwwsaintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L4L1 173 Michiko Gehrig Page 2 549 Millidge Avenue March 16, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, March 26, 2012. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. The Zoning Bylaw authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of an animal hospital in the "SZ -17" Special Zone #17 zone. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 1,830 square metres, located at 549 Millidge Avenue, also identified as PID No. 0041558, from "IL -1" Neighbourhood Institutional to "SZ -17" Special Zone #17. 2. 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 1,830 square metres, located at 549 Millidge Avenue, also identified as PID No. 0041558, be subject to the following conditions: a. That only one veterinarian be employed at the animal hospital; b. That the use of the site for boarding and kenneling remain incidental to the main use of the site as an animal hospital. c. That the site be developed in conformity with a detailed landscaping plan to be prepared by the applicant and subject to the approval of the Development Officer. The detailed landscaping plan must include fencing to be installed at the rear of the site, landscaping, and signage to be installed at the front of the site. d. That the site be developed in conformity with a detailed parking plan to be prepared by the applicant and subject to the approval of the Development Officer. The detailed parking plan must include the minimum dimensions required by the Zoning Bylaw, as well as curbing and landscaping where appropriate. e. That the detailed landscaping and parking plans noted above be approved prior to the issuance of any building or occupancy permits for the proposed use and attached to any application for building or occupancy permits. 3. That the Planning Advisory Committee impose no additional terms and conditions on the establishment and operation of an animal hospital on the subject site. 174 Michiko Gehrig 549 Millidge Avenue Page 3 March 16, 2012 4. That the Planning Advisory Committee approve the requested variances to: a. decrease the minimum parking requirement from 11 parking spaces to 7 parking spaces; and b. increase the maximum permitted sign area from 0.6 square metres to 4 square metres BACKGROUND: On July 27, 1981 the Planning Advisory Committee approved the establishment of a daycare centre on the subject site, then zoned "R -1B" Single Family Residential, provided that: a) The daycare centre accommodate not more than 26 children; b) A vehicle turning area or circular driveway be established, with the details to be approved by the Deputy Commissioner of Community Planning; c) A hedge be erected along the property line common with 541 Millidge Avenue of no less than 3 feet in height, and extending from the southeast corner along said line a distance of not less than 70 feet; and d) The hedge and vehicle turning area or circular driveway be established prior to the commencement of the daycare centre. On June 20, 1983, Council approved an application to rezone the subject site from "R -113" Single Family Residential to "IL -1" Neighbourhood Institutional to permit the upstairs of the daycare, previously used as a dwelling unit, to be used as part of the daycare centre. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments regarding the proposed rezoning of 549 Millidge Avenue: - A City approved water meter and appropriate backflow prevention must be installed by the owner; - The owner will be responsible for all solid waste collection as municipal waste collection will not be provided; - All required parking must be provided for on -site; - Construction of the access ramp must ensure that there are no adverse drainage issues to adjacent lands; 175 Michiko Gehrig Page 4 549 Millidge Avenue March 16, 2012 - It is assumed from the application that there will be no changes to the existing servicing and site plan. Should changes be proposed, this Department must be contacted for further review and approval; - The proposed driveway must be positioned such that it will not interfere with the sight lines of motorists exiting the subject site or those travelling on Millidge Avenue. Buildings and Inspection Services has no concerns with the rezoning aspect of this application. The applicant should note that as part of the change of use permit that dimensioned floor plans for the facility must be provided so that various Building Code issues including exiting and washrooms can be addressed. Other work, such as the access ramp, must be included in a permit application. Saint John Fire Department has no objection to this application provided that the National Building Code of Canada (NBC) and the National Fire Code of Canada (NFC) are adhered to, and appropriate building permits are obtained. Some of the areas of concern within the NBC and NFC include: - A complete fire inspection to be completed by the Saint John Fire Department Fire Prevention and Investigation Division will be required prior to occupancy; - Access for firefighting must be constructed and maintained as per the NBC and NFC; - Proper fire separations must be installed and maintained within the building where required; - Proper fire rated doors and closures must be installed where required; - All access to any and all means of egress must be kept clear at all times; - Exit doors must have the proper door hardware and open in the proper direction; Minimum size 2A -10BC fire extinguishers must be installed; - A fire safety plan must be developed and submitted to the Saint John Fire Department for approval; Emergency lighting may be required; and Exit signs may be required. ANALYSIS: Subject Site and Neighbourhood The subject site is located on Millidge Avenue, just north of Boars Head Road, in Millidgeville. The surrounding area contains a mix of residential and commercial uses, with commercial nodes located just south of Boars Head Road on Millidge Avenue and at the intersection of Millidge Avenue and 176 Michiko Gehrig Page 5 549 Millidge Avenue March 16, 2012 University Avenue. The property to the south of the subject site contains a dental office and the property to the north contains a group home. The subject site currently contains a residential dwelling, previously used as a daycare centre, and a small paved parking area in the front yard. Previous conditions on the establishment of a daycare centre of the subject site required the installation of either a vehicle turning area or a circular driveway. It appears as though the curb was dropped for almost the entire width of the site in order to provide the turning area or circular driveway. Proposal The applicant intends to establish an animal hospital in the existing building, providing surgical and medical care and accommodation for animals, pet nutrition products and supplies and client education on pet care and health. The hospital will employ one veterinarian and the equivalent of three full time support staff, and will be open Monday to Friday from 7:30 a.m. to 5:30 p.m. (7:00 p.m. one day of the week), and Saturday from 9:00 a.m. to 1:00 p.m. The applicant expects to schedule approximately 12 appointments per day, with an average of two additional clients per hour purchasing pet supplies and medication. Given the current lack of an animal hospital in the Millidgeville area, the applicant has stated that she hopes to attract staff and clients that will take transit, walk or cycle to the hospital. The attached floor plan illustrates the proposed layout of the animal hospital, and the applicant has noted that this layout and operational procedures will minimize potential noise and disturbance to surrounding properties by: - Locating kenneling areas on the basement level; - Utilizing drywall and insulation which dampen sound; - Walking dogs individually and supervising them at all times when outside; and - Working to reduce noise levels within the hospital at all times to reduce patient stress. The applicant has indicated that while overnight kennelling is generally for sick animals or those recovering from major surgery, boarding of healthy animals will constitute only approximately 5% of the hospital's business and that approximately half of the animals boarded will be cats. A limited amount of kennelling and boarding is generally considered to be a normal, incidental use for an animal hospital. The applicant has also provided a great deal of other information in the attached letter regarding the operation of the proposed animal hospital, the proposed sign and parking plan. Municipal Plan The Municipal Plan designates this area of Millidgeville as Low to Medium Density Residential. This designation permits a range of housing types, with an emphasis on lower density forms of housing 177 Michiko Gehrig Page 6 549 Millidge Avenue March 16, 2012 including townhouses, semi - detached, duplex and single detached dwellings, as well as other compatible uses. Small neighbourhood retail and other commercial uses may be permitted in the Low to Medium Density Residential designation by rezoning where compliance with the following requirements is demonstrated: a. The site is located on an arterial or collector street, as illustrated on the Transportation map (Schedule C) of the Municipal Plan, and is on the periphery of low density residential development; b. The uses are intended to serve the local neighbourhood and there is a demonstrable need for additional neighbourhood retail and commercial development in the immediate area; c. The maximum gross floor area of commercial uses does not exceed 500 square metres; and d. Consideration is given to site suitability including such considerations as road access, availability of public transit, necessary municipal servicing, compatibility with surrounding land uses, and high quality urban design and landscaping. The subject site is located on the section of Millidge Avenue designated as an Arterial street by Schedule C of the Municipal Plan, and Saint John Transit provides service along Millidge Avenue with several bus routes. The subject site is located on the outer edge of the developed low- density residential areas on Boars Head Road and off University Avenue, and as previously noted it is located between a dental clinic and a group home. The applicant has noted that the nearest animal hospital is located approximately 15 minutes by car from the subject site, and that she intends the hospital to serve local residents who will be able to access the hospital by car, walking, cycling or transit. The existing building at 549 Millidge Avenue is approximately 315 square metres in area, and the applicant has not indicated any intention to expand the floor area for the proposed use. The subject site has appropriate street access, transit service and municipal servicing in place, and can be considered compatible with the surrounding uses provided that quality landscaping and signage are utilized and that the measures to reduce disruption to surrounding properties outlined in the application are implemented. The current parking area does not meet current standards for commercial parking, and the parking plan submitted by the applicant does not meet the minimum standards required by the Zoning Bylaw. As the parking area is located in the front of the subject site, it will be prominently visible from the street and should be designed and constructed to a high standard. It is recommended that the parking area be reconfigured to meet minimum standards and that a landscaping strip at the front of the site, extending to the City sidewalk, be used to define the driveway and increase the attractiveness of the site. Zoning Bylaw The "SZ -17" Special Zone #17 was created specifically to accommodate an animal hospital within or adjacent to a residential area. The zone was first used for the Saint John Animal Hospital at 1700 Manawagonish Road, to permit an expansion to a long - standing animal hospital within a residential neighbourhood. The permitted uses and standards of the "SZ -17" zone are the same as those for the "R- 178 Michiko Gehrig Page 7 549 Millidge Avenue March 16, 2012 2" One and Two Family Residential zone, except that an animal hospital is permitted as a conditional use in the zone. The proposed animal hospital can satisfy the requirements of the "SZ -17" zone, except for the minimum requirements for parking and maximum allowable area for signage. Although the Zoning Bylaw does not contain a parking standard specifically for an animal hospital, a dental or medical office can be considered to be a similar use. A dental or medical office requires the greater of 1 parking space per 28 square metres of gross floor area, or 5 parking spaces per practitioner. The floor area proposed to be used for the animal hospital is approximately 316 square metres, resulting in a requirement for 11 parking spaces. The applicant has submitted the attached parking plan demonstrating that 7 parking spaces currently exist on the site, and has requested a variance to reduce the minimum parking requirement from 11 parking spaces to 7. The applicant has indicated that the proposed animal hospital will have only one practicing veterinarian and that aside from appointments she expects approximately 2 customers per hour to pick up food or medication. Allowing for the veterinarian and 2 staff, and approximately 2 patients waiting or in appointments at one time, the proposed 7 parking spaces should be sufficient. However, as noted above, the current parking area and parking plan submitted by the applicant do not meet the minimum requirements of the Zoning Bylaw with regard to: Minimum 1.5 metres of landscaping adjacent to the side and rear property lines; - Minimum aisle width of 7.5 metres; and - Maximum driveway width of 9 metres. In addition, a significant portion of the parking area currently being utilized is located with the City street right -of -way and not on the subject property. Conditions on the requested parking variance and/or rezoning should require that the parking area be brought up to commercial standards with paving, curbing and landscaping and meet the minimum requirements of the Zoning Bylaw. The applicant has proposed a freestanding double -sided sign measuring 1 metre by 2 metres, resulting in a total sign area of 4 square metres. For the purposes of signage, the "SZ -17" Special Zone #17 is considered to be a residential zone, and the maximum permitted sign area for a non - residential use in a residential zone is limited to 0.6 square metres. As a result, the applicant has requested a variance to increase the maximum permitted sign area for the proposed animal hospital. The proposed sign area of 4 square metres would be permitted in a "B -1" Local Business or `BR" Business Residential zone (which permit up to a maximum of 6 square metres for a freestanding or projecting sign) and given the context of the proposed animal hospital on an arterial street with a mix of adjacent commercial uses, the requested variance can be supported. As well, a similar variance to increase the maximum sign area was granted for the dental office at 541 Millidge Avenue. Conditional Use An animal hospital is permitted as a conditional use in the "SZ -17" zone; that is, it is subject to such to such additional terms and conditions as may be deemed necessary by the Planning Advisory Committee. As the current proposal includes rezoning of the property, it is possible for all necessary conditions to be 179 Michiko Gehrig Page 8 549 Millidge Avenue March 16, 2012 imposed by Common Council as a Section 39 resolution. Section 39 resolutions are filed in the Registry Office with the rezoning and, as a result, it is not necessary for the Committee to impose an additional set of conditions upon the proposed animal hospital. CONCLUSION: The proposed animal hospital is in keeping with the Municipal Plan direction and existing mixed -use context of the surrounding area, provided that the exterior development and use of the site, including the fenced yard, landscaping, parking area and signage are well designed and measures are taken to minimize disruption to surrounding properties. Provided that the animal hospital employ only veterinarian, the requested parking variance can be supported on condition that the parking area be brought up to a commercial standard and that the minimum requirements of the Zoning Bylaw are met. Given the surrounding uses and designation of this portion of Millidge Avenue as an arterial street, the requested sign variance can also be supported. SH Project No. 12 -050 :1 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT a -i 1 �? 'R M - 1 ' er. untvefslq' wv. ' 4 � L -2 A r .• pot. R -1 A R- B RS- 2 f•'• ....alp. It R -1B r R-2 • B_ 2 • - ❑s R- 1B PID(s) /NIP(s): Subject Site /site en question: ;'i'`:'�r'�. 00041558 Location: 549 avenue Millidge Avenue Date: February 28, 2012 Scale /echelle: Not to scale /Pas a 1'echelle 181 Dear Planning and Development: My objective is to harmoniously integrate a veterinary hospital into the community of Millidgeville, by renovating the existing building on 549 Millidge Avenue, paying close attention to building and being "green ". It would be the first animal hospital to serve this community; with the closest hospital being about a 15 minute drive away. A veterinary hospital serves its community by providing surgical and medical care in order to promote, maintain, or restore the quality of life of a pet and their owner. A veterinary hospital also provides accommodations to mainly dogs and cats, sells pet nutrition and supplies, and client education. For me, a green business means minimizing any negative impact doing business may have. This includes not only the broader, natural environment, but also individual people and animals. Also, an eco- friendly business and building inherently addresses many of the concerns that may arise surrounding the establishment of a veterinary hospital in the community including the following: Traffic -The property, situated on an accommodating 2 lane road, was previously a daycare with opening hours similar to the proposed veterinary hospital, which are planned to be: Monday to Friday: 7:30 am to 5:30pm Except one week day open late until 7pm Saturday: gam to 1pm -An equivalent of 3 full time support staff; - Expect to see around a dozen appointments a day along with an average of 2 clients per hour to purchase pet supplies and medication; -Aim to attract local people and staff that can take transit or walk and bicycle to the location and use the bike racks or storage and staff shower that will be provided Noise Pollution -a veterinary hospital is not as loud as the perception may be; - speaking with people that live above a veterinary hospital, sound from below is rarely heard; -a loud environment is not healthy and is guarded against in a veterinary practice because it causes increased stress to staff and patients; - special attention is paid to individual and social interactions among animals to avoid instances where a dog will be inclined to express itself by barking; -dogs will be taken out individually, by hand, and supervised at all times; -the design of the building uses specific types of drywall and insulation to minimize transfer of cold and heat to create and energy efficient space, which in turn, also significantly dampens sound; - kenneling areas will be on the basement level, adding the benefit of earth and concrete to the acoustic barrier, 182 Kenneling - hospitalized patients that are kenneled overnight are sick and likely not well enough to be active; -on average, the hospital will hospitalize one patient every one to two nights; - patients undergoing minor or elective surgeries (spay, neuter, dentistry) will go home the same day, once they are awake and active enough to go home without veterinary supervision; -if any healthy animals are kenneled for boarding purposes, which is a small fraction of a veterinary hospital's business (about 5%), 50% will be cats and the other half will be dogs; - likely one dog will board every one to two days Light Pollution - indoor lights are shut off when not in use and light dimmers and motions sensors are incorporated; - outdoor lights are only on if needed and are set on timers or motion sensors Waste Handling and Disposal - outdoors, dog excrement will be picked up promptly and disposed of properly; - sanitation pick -up will be on a weekly basis; - biohazards and sharps are handled, stored and disposed of in accordance with health regulations; -the hospital will use digital x -ray technology which means there are no chemicals needed (and hence discarded); - animal remains are placed in cold storage and cremation pick up is weekly if not more often Aggressive Dogs /Escapees - anytime a dog is outside, it is double leashed and taken to an isolated, shaded by trees, fenced in area behind the building; -if staff is suspicious that an animal may be an escape artist, they will not go outside; - indoors, any animal not in a cage or leashed has at least 2 doors between it and the outdoors; -in special circumstances, the hospital may decline service to exceptionally un- socialized and /or aggressive dogs that pose a risk to staff and other people It is important to me to ensure that no other concerns are missed and that I have the opportunity to be welcomed into the community. I plan to visit businesses adjacent to the building to offer answer any questions they may have and to always remain open to communication. Sincerely, ' 1 Michiko Gehrig 183 Site Plan Building permits will be obtained and building codes will be followed in a timely fashion. Land Behind Building -Area is secluded and sheltered by trees on the left and right sides; -Back of property is secluded by raised topography and trees; -There will be a fenced area approximately 10 metres in length and 8 metres in width, with the front perimeter consisting of the building and other sides being a six 6 foot high chain link fence. Access is directly from an entrance behind the building Land Front of Building - Parking will reflect the existing parking spaces provided by the previous business; -There is a small green space by the main level entrance as was with the previous business; -On the green space, situated more than 3 metres from the road and about 1.5 metres from the ground, will be a small sign indicating the clinic name; -A wheelchair ramp will run in front of the main level from the building entrance ., Floor Plan Building Permits will be obtained and building codes will be followed in a timely fashion. Basement Level - Kennels are situated against the back wall of the building; -Walls and ceiling insulated with sound dampening insulation and drywall (such as Roxul* and QuietRock *); -Front area of building is for cold storage, general storage, housekeeping and laundry; -Front right of the building is the staff washroom and shower with staff storage Main Floor -Front entrance leads to reception and public washroom; -Two exam rooms occupy left side of building; - Treatment is where sick patients and anaesthetic recovery patients spend a significant amount of time in designated kennels. It is located at the back of the building. Veterinary procedures are also carried out here including minor surgery (such as stitches), dental cleaning, and administration of medication. Sound dampening insulation and drywall will be incorporated into walls and ceiling; - Surgery and X -ray are to the right corner of the building. X -ray room will be shielded with lead or concrete according to Health Canada specifications; Second Floor -Left wing will be an area for consultation and office for the veterinarian. Animals will rarely enter this area; -Right wing will be a lounge for staff where they can sit /relax and eat 185 A. Rear fence C. Driveway and Parking Lot B. Wheelchair Access Ramp D. Signage (3m distance from street) W:i. SECOND FLOOR Fannon Animal Hospital 549 Millidge Avenue Saint _John, NB Proposed Floorplan PHARMACY TREATMENT AREA .. � SURGERY KENNELS E. LAB X -R.AY lip I POVVN �c wC EXAM ROOM EXAM RECEPTION WHEELCHAIR RAMP MAIN FLOOR iE:IFi LAUNDRY STAFF WC & CHANGE ROOM BASEMENT 549 Millidge Avenue Proposed Parking Plan TA .o • MAM d w P ♦- r a� 549 Millidge Avenue Proposed Sign (double - sided) K,.,.annon... Animal Hospital Alichiko Geiirig, DVAI --� 2 metres :• 9.2O BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRRTE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune r6union du conseil John in Common Council convened, as communal, The City of Saint John a follows: ddcrdtd ce qui suit : 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 3728 square metres, located to the rear of 895 Ashburn Road, also identified as being a portion of PID No. 00296673, from "RF" Rural to "I -1" Light Industrial - 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 Varr&6 sur le zonage de The City of Saint John, ddcrdtd le dix -neuf (19) ddcembre 2005, est modiid par : 1 La modification de Vannexe <<A>>, Plan de zonage de The City of Saint John, pen ettant de modifier la ddsignation d'une parcelle de terrain d'une superficie d'environ 3 728 metres carr6s, situde au 895, chemin Ashburn (arri&re), et 6tant aussi une pantie du NID 00296673, de zone rurale « RF >> d zone d' industi 16g6re « I- 1» - toutes les modifications sont indiquees sur le plan ci joint et font partie du pr6sent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdtd le 2012, avec les signatures suivantes : Common Clerk/Greffi6re communal First Reading - Premiere lecture Second Reading Deuxi6me lecture Third Reading - Troisi6me lecture 190 PROPOSED ZONING BY -LAW AMENDMENT RE: 895 ASHBURN ROAD (REAR) Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 26, 2012 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 3728 square metres, located to the rear of 895 Ashburn Road, also identified as being a portion of PID No. 00296673, from "RF" Rural to "I -1" Light Industrial, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit an existing outdoor storage yard to remain in its present location. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 895, CHEMIN ASHBURN (ARKU�Rfl Par les pr6sentes, un avis public est donnd par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Parretti sur le zonage de The City of Saint John, lors de la rdunion ordinaire qui se tiendra dans la salle du conseil le lundi 26 mars 2012 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 3 728 metres carr6s, situ6e au 895, chemin Ashburn (arriere), et 6tant aussi une partie du NID 00296673, de zone rurale « RF » a zone d'industrie Legere v 1 -1 », comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre une afire de stockage ext6rieure existante de rester a son emplacement actuel. Toute personne int&ess6e peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de Purbanisme et du developpement a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Pattention de la soussign6e A Ph6tel de v ille. Si vous auriez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere communale. Elizabeth Gormley, Greffiere communale 658 -2862 Well N 40 / 4w/ 192 i (aussi disponibte en frangais) Type of Application ❑ Municipal Plan Amendment' ® Subdivision El Similar /Compatible Use ® Zoning By -law Amendment El Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change 1 Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of A.C. Fairweather & Sons Limited Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9 Home Telephone Number Fax Number 506- 634 -0759 Name of Property Owner (if different from applicant) Mailing Address (with Postal Code) Work Telephone Number 506- 634 -1717 (Rick Turner) E -mail rt @hughessurveys.com Property Information Location A parcel of land adjacent to Civic # 895 Ashburn Road A portion of 00296673 Civic # Street PID Existing Use of Property Storage compound Proposed Use of Property Same Existing Plan Designation of Property Existing Zoning of Property RF Rural Proposed Plan Designation of Property Proposed Zoning of Property _ 1 -1 Light Industrial Description of Application Describe what you propose to do (attach additional pages if necessary). To rezone a parcel of land immediately adjacent to Civic # 895 Ashburn Road from Rural to Industrial I -1 -The area has historically been used as a storage compound by previous owners of the property at 895 Ashburn Road. The present principals of AC Fairweather & Sons Limited are unable to determine the exact nature of any agreement that allowed the construction of the storage compound to take place. The owners of 895 Ashburn Road have entered into an agreement to acquire the area used as a compound. The proposal is to have the proper zoning designation established on the storage compound area and then the land would be consolidated with the property at 895 Ashburn Road. A copy of the plan showing the proposed consolidation is attached. NOTE: If the applicant is N T th wner, VOwne sig nature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Rick Turner — Hughes Surveys & Consultants Inc. Dorot y Buckley Date_ Date / 1 Z Signature of Owner Gwen Date 7d/ For Office Use Only Reviewed by Date Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Drawings ❑ Fee ❑ Other P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 SAINT 101-IN ,me cuy oesaim wnn 193 APPROVALS 7 370 000 7 369 900 + P.I.D. 00296673 A.C. Fairweather & Sons Limited Property D%257Doc. 257046 !'al. 763 Pg. 723 04,15 File 52 Na. 84 remnont of Parcel 1 M O' Detail N,T.S, ., e Oetal b /v (see Note Parcel " A 3,728 m 2 col. pound 0 0 N / see Flt 54 No. 2 % 73 -1 New 12 -01 / / Legend qn /N� ......................... Pe.L Plee.d -e—� ............... F—.n .nee — - ............... Wit.. Lin. —,— .................. NFdra F.L. / Mll Lltr sir• • .......... . I .............. Rwnd iron ear Fwna 7 ........................... aaoalnat. PPmt /off y ............. .............. aland.re LrreY Y >k.r P1 ... I 2 536 650.693 ........................... N.B. ala Csb.alnsa Yen—L _._ 16 ........ 9lr..L LIM — -- F0. S.M. ........ Aalswnt P 1—tr Lin. 19 319 ........................... rem laua �b.alnate Point CALL. pr. FD. S.M. ........ Ut 11 if Ee.en.nl 2 535 354.190 ........................... Slender! Sur..r Yn. t.. Fwna O ........................... Lraa PIP. Feune ■ ........................... 54uer• Irm %r Fwna 0 .................. ........ . lrer.r.. control Pe1nL Fan. .................. ......... inund.11m 0 0 N / see Flt 54 No. 2 % 73 -1 P.1.0. 00295673 A.C. Fairweather & Sons Limited Property Oaa. 257046 Vol. 753 Pr. 723 see File 52 Na. 84 remnant of Parcel 1 iiLLI oa l/ �a �C F� J: Area of Survey �e �.....� �j...... ......... K. ey Plan Caaaeirel Map No. - - -- Scale I t 15,000 Owner Nome • A. C. Fairweather & Sons Lkniled P.I.O. ' 00296673 7 370 DDO Effect" Dote r 2006 -12 -27 Instrument : Tronefer d 237473 Vol. 679 Pg. 536 Reg. 1972 -03 -27 Owners A. C. Folweather & Sans Drafted - owner N.— : Laborers' Local 900 Trolniy Trust P.I.D. : 00448290 Effecti" Dote : 2011 -D7 -:9 Instrument : Transfer rP 30550249 Reg. 2011 -09 -01 / Owrera \ Laborers' Local 900 Training Twl - 1. Di —rmns are N. B. Grid aetmuths derived from C.P.S. obem,ati... on N.B. Mon. 25160 . 2. All diet.... one in metres , to --,t to imperial eq.i.l.Ma divide by 0.3048. 3. Area of survey aueined thus peripheral Inr -11on —pled From various sources. 4. NI document and plan W, ran... refer to the Ragietry Office for Saint John County. 5. Fldd survey completed on - - - -. G. As c omputati_ns performed and eoorainole, shown n this plan " bawd on New Brunswick Stereagrsphk: Double Proi -tlon and the NAD83r1C5RS) Olipeoid as reafted by Service New Brunswick High Procisian Network eaordinot. 1-1 monuments. 7. Para.Y a to sonadiddted will, Id 74 -1 to farm lot 12 -01 Pared A' Se not to be .—" ae a 4epsrote building lot . New 12 -01 / / 7,411 m 2 / qn /N� A y Rmks. / Civic / 895 / / P.I.D. 004 290 see File 57 Na. 22 i/ 74 -1 3 3,716 m 2 7 369 925.048 F0 S.M. , P.1.0. 00295673 A.C. Fairweather & Sons Limited Property Oaa. 257046 Vol. 753 Pr. 723 see File 52 Na. 84 remnant of Parcel 1 iiLLI oa l/ �a �C F� J: Area of Survey �e �.....� �j...... ......... K. ey Plan Caaaeirel Map No. - - -- Scale I t 15,000 Owner Nome • A. C. Fairweather & Sons Lkniled P.I.O. ' 00296673 7 370 DDO Effect" Dote r 2006 -12 -27 Instrument : Tronefer d 237473 Vol. 679 Pg. 536 Reg. 1972 -03 -27 Owners A. C. Folweather & Sans Drafted - owner N.— : Laborers' Local 900 Trolniy Trust P.I.D. : 00448290 Effecti" Dote : 2011 -D7 -:9 Instrument : Transfer rP 30550249 Reg. 2011 -09 -01 / Owrera \ Laborers' Local 900 Training Twl - 1. Di —rmns are N. B. Grid aetmuths derived from C.P.S. obem,ati... on N.B. Mon. 25160 . 2. All diet.... one in metres , to --,t to imperial eq.i.l.Ma divide by 0.3048. 3. Area of survey aueined thus peripheral Inr -11on —pled From various sources. 4. NI document and plan W, ran... refer to the Ragietry Office for Saint John County. 5. Fldd survey completed on - - - -. G. As c omputati_ns performed and eoorainole, shown n this plan " bawd on New Brunswick Stereagrsphk: Double Proi -tlon and the NAD83r1C5RS) Olipeoid as reafted by Service New Brunswick High Procisian Network eaordinot. 1-1 monuments. 7. Para.Y a to sonadiddted will, Id 74 -1 to farm lot 12 -01 Pared A' Se not to be .—" ae a 4epsrote building lot . Seal. F.e , APPeea I.D10 M Purpose Of Plan Tentative Plan A.C. Fairweather & Sons Limited and Laborers' Local 900 Training Trust Subdivision, City of Saint John, Saint John County, New Brunswick. C"I"'d Comsat HUGHES SURVEYS x CONSULTANTS INC. e Surveyed by Jan. ID 2012 s Surveyor ate New Brunswick Land surmyor j - -- No. - - - -- 10 0 10 20 30 40 1;500 0 metres 9 4 (, N 312004 Disk No 2072 Tame M09504 Oiak Nag New Brunswick Grid Co— Ordinate Values Ste. A y Rmks. 1 2 536 724.192 7 369 8'2.694 FO. S.N. 3 2 536 755-509 7 369 925.048 F0 S.M. , 7 2 536 671.894 7 369 904.052 FO. S.M. 9 2 536 650.693 7 369 997.671 FD. S.M. 16 2 536 619.593 7 369 935.412 F0. S.M. 7 369 900 19 319 2 536 651.102 2 535 703.206 7 369 986.019 7 369 956 318 CALL. pr. FD. S.M. 281FO 2 535 354.190 7 383 /88.6911 N.B. MON.(HPN) Seal. F.e , APPeea I.D10 M Purpose Of Plan Tentative Plan A.C. Fairweather & Sons Limited and Laborers' Local 900 Training Trust Subdivision, City of Saint John, Saint John County, New Brunswick. C"I"'d Comsat HUGHES SURVEYS x CONSULTANTS INC. e Surveyed by Jan. ID 2012 s Surveyor ate New Brunswick Land surmyor j - -- No. - - - -- 10 0 10 20 30 40 1;500 0 metres 9 4 (, N 312004 Disk No 2072 Tame M09504 Oiak Nag Planning Advisory Committee March 21, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Rezoning 895 Ashburn Road (rear) City of Saint John On February 28, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2012 meeting. Mr. Rick Turner of Hughes Surveys & Consultants Inc. addressed the Committee on behalf of the applicant and advised he had received the staff report and letters submitted and was in agreement with the staff recommendation. No other persons attended the meeting. One letter was received in opposition to the proposal and one letter was received that advised there was no concern with the proposal. After considering the matter, the Committee decided to adopt the staff recommendation that the application be approved. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 3,728 square metres, located to the rear of 895 Ashburn Road, also identified as being part of PID No. 00296673, from "RF" Rural to "I- I" Light Industrial. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 3,728 square metres, located to the rear of 895 Ashburn Road, also identified as being part of PID No. 00296673, be subject to the following conditions: a. Any future development of the site be in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, outdoor storage areas, landscaped areas and other site features. 195 -2- 3. That Common Council not give third reading to the proposed rezoning until all outstanding issues identified by the Building Inspector with respect to the property at 895 Ashburn Road (PID 00448290) have been resolved to the satisfaction of the Building Inspector. Respectfully submitted, 1&4 fJC Eric Falkjar Chairman SF Project No. 12 -057 196 The c4' a(SaintJohn DATE: MARCH 16, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 20, 2012 PREPARED BY: Stacey Fo , MBA, MCrn, RPP Planner REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. Name of Owner: A. C Fairweather & Sons Ltd. Location: 895 Ashburn Road (rear) PID: Portion of 00296673 Municipal Plan: Stable Commercial Zoning: Existing: "RF" Rural Proposed: "I -1" Light Industrial Proposal: To rezone a portion of 885 Ashburn. Road containing an existing storage yard and consolidate it through subdivision with the property at 895 Ashburn Road. Type of Application: Rezoning j7`01- SAINT JOHN —.1 F.O. Boot 1971 Saint John, NB Canada EA 41 www.saingohn.ca C.P. 1971 Salat john, NA. Canada E2L 41 197 Hughes Surveys & Consultants Inc. (for A.0 Fairweather & Sons Ltd.) Page 2 895 Ashburn Road (Rear) March 16, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday March 26, 2012. STAFF RECOMMENDATION TO COMMITTEE: 1, That Common Council rezone a parcel of land having an area of approximately 3,728 square metres, located to the rear of 895 Ashburn Road, also identified as being part of PID No. 00296673, from "RF" Rural to "I -1" Light Industrial. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 3,728 square metres, located to the rear of 895 Ashburn Road, also identified as being part of PID No. 00296673, be subject to the following conditions: a. Any future development of the site be in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, outdoor storage areas, landscaped areas and other site features. 3. That Common Council not give third reading to the proposed rezoning until all outstanding issues identified by the Building Inspector with respect to the property at 895 Ashburn Road (PID 00448290) have been resolved to the satisfaction of the Building Inspector. BACKGROUND: The adjacent property at 895 Ashburn Road (PID 00448290), located between the subject site and Ashburn Road, was rezoned from "RF" Rural to "I -1" Light Industrial in 1974, subject to a Section 39 resolution requiring site plan approval for any development. The owner, A.C. Fairweather & Sons Ltd. subsequently constructed a warehouse and storage facility there in the mid - 1970x, which has been rented to various industrial tenants since that time. In 2006, a Flood Risk Area Development permit was issued to A.C. Fairweather & Sons to place fill on the area which is the subject of the present rezoning application (portion of PID 00296673) and is located immediately to the rear of the property at 895 Ashburn Road. The work was completed in accordance with the Flood Risk Area By -law requirements; however, the owner and/or tenant of 895 Ashburn Road subsequently expanded its outdoor storage area onto the subject site without obtaining the necessary rezoning or change -of -use permit. .; Hughes Surveys & Consultants Inc. (for A.0 Fairweather & Sons Ltd.) Page 3 895 Ashburn Road (Rear) March 16, 2012 In September of 2011, the property at 895 Ashburn Road was purchased from A.C. Fairweather and Sons Ltd. by the Laborers' Local. 900 Training Trust. In November, the new owner applied for a variance to permit a second driveway access to 895 Ashburn Road. The application was denied by the Development Officer on the grounds that the second access did not meet the intent of the Zoning By- law, as the frontage of the property was well below the minimum width to allow a second access and the neighbouring property at 899 Ashburn Road had an existing access in close proximity to the proposed second access. It was at this time that the expansion of the outdoor storage area onto the subject site first came to the Planning and Development Department's attention. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed subdivision and rezoning of this site. It is assumed from the application that there will be no modifications to the site plan or servicing however if changes are proposed, this Department must be contacted for further review and approval. Buildings and Inspection Services has noted that landfill was placed on the parcel to be rezoned under a Flood Risk Area Development Permit, 2006297. The work was completed to the City's satisfaction with surveyors being involved however the current aerial photos show that the land being used as a storage area has extended beyond what is proposed in the rezoning. A permit application, 2011 -1484, to place a large concrete slab on the left side of the building was applied for and the owner has been advised by a 'Violation Notice that information is required to demonstrate compliance with the Flood Risk Area By -Law. To date we have not received a satisfactory response and the slab is in place, without a permit. Building Permit 2011 -1520, was issued to do interior renovations and this permit remains active and the work is unfinished. Lastly, Plumbing Permit 2012 -87 to install plumbing for the Training Centre, remains open. ANALYSIS: Site and Neighbourhood The subject site is a 3728- square -metre portion of the 7.2- hectare A.C. Fairweather & Sons Inc. property that extends to the rear of 895 Ashburn Road. The immediately surrounding area is rural in nature, except for the two light industrial properties at 895 and 899 Ashburn Road, both of which were developed in the 1970s. Much of the area lies within the Marsh Creek Flood Risk Area. As noted in the Background, the site is currently being used as an outdoor storage area in conjunction with the industrial use of 895 Ashburn Road. According to the applicant, the property at 895 Ashburn Road was purchased by the new owners with the understanding that the subject site was not part of the land they were acquiring. There was a negotiation between the applicant's client, A.C. Fairweather and Sons Ltd., and the Laborers' Local 900 for them to acquire the storage compound, which has resulted in the present application. 199 Hughes Surveys & Consultants Inc. (for A.0 Fairweather & Sons Ltd.) Page 4 895 Ashburn Road (Rear) March 16, 2012 Proposed Rezoning The applicant proposes that the subject site be rezoned from "RF" Rural to "I -1" Light Industrial so that it may be sold and consolidated with 895 Ashburn Road and continue to be used for its present purposes. According to the applicant, the new owners of 895 Ashburn Road are not aware of the circumstances that resulted in the storage compound area being constructed. With respect to A.C. Fairweather & Sons Ltd., control of that company now lies with individuals who are also unaware of the circumstances that resulted in the existing situation. The subject portion of Ashburn Road is designated Stable Commercial by the Municipal Plan, while the balance of the immediately surrounding area is designated Urban Reserve. The Stable Commercial designation essentially recognizes existing areas that are developed or approved for non - residential development but are not anticipated to receive major change over the planning period. The proposed rezoning of the 3728 - square-metre subject site for consolidation with the existing light industrial property at 895 Ashburn Road is consistent with the intent of the Plan. In addition, the Building Inspector has advised that there have been no formal complaints made to the City from neighbouring property- owners regarding the existence of the outdoor storage area. Based on the above observations, approval of the proposed rezoning can be recommended, subject to a Section 39 resolution requiring that any redevelopment of the site be subject to submission and approval of a detailed site plan. This recommended condition is consistent with the Section 39 conditions already applicable to 895 Ashburn Road. Outstanding Issues Concerning 895 Ashburn Road As noted in the input from Buildings and Inspection Services, there are outstanding Building By -law and Flood Risk By -law issues which need to be addressed by the new owners of 895 Ashburn Road. As has been the case in other similar situations, it is suggested that Common Council not give third reading to the rezoning of the subject site until these issues are resolved to the satisfaction of the Building Inspector. CONCLUSION: The proposed rezoning will recognize the existing use of the subject site and permit it to be consolidated and used in conjunction with the adjacent light industrial property at 895 Ashburn Road. Approval of the application is recommended, subject to Section 39 conditions requiring review and approval of a detailed site plan prior to any redevelopment of the site. However, it is also recommended that third reading not be given until all outstanding issues identified by the Building Inspector are resolved. SF Project No. 12-057 200 201 " �� �!, •� got _�� fi � • �°1 ` • IY ♦ ` � /fir fAi, ',r.�. f1M+ � ,. y + Jam_ '�• �, � � "� •` ' �,� � r k '�,�•� � _ •yam`. �� !.� �, � � - Vok TO Mfr f' It r wf f r � ♦ M ♦ f � 202 s l � I z :2 DU vcs a J 0 CL EL a r sE S i AE =`a ` 0 :3 a o R pao f nQy N � � \+ ` a / \ G[C a 203 y 16 m ( u 2 � S � D g �� naJJig i g'ss�s�e��tis�b€ .sila OGW4 i1 c � a a i 16 ARFfR� V) O 6z v �0,- • �o o� I Ail r sE S i AE =`a ` 0 :3 a o R pao f nQy N � � \+ ` a / \ G[C a 203 y 16 m ( u 2 � S � D g �� naJJig i g'ss�s�e��tis�b€ .sila OGW4 i1 "Ac &7);- Al., 4eup bo I 204 9.�)C> BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 310 square metres, located at 288 Duke Street, also identified as being PID No. 00006502, from Multiple Residential Infill to "IL -1" Neighbourhood Institutional - 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 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit: L'arret6 sur le zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modi6 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 310 metres carr6s, situ6e au 288, rue Duke, et portant le NID 00006502, de zone d'6difices a logements multiples sur terrain intercalaire « RM -IF » a zone de quartier a vocation collectif < IL -1 » - toutes les modifications sont indiqudes sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading Premiere lecture Second Reading Deuxi6me lecture Third Reading Troisi&me lecture 205 PROPOSED ZONING BY -LAW AMENDMENT RE: 288 DUKE STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 26, 2012 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 310 square metres, located at 288 Duke Street, also identified as PID No. 00006502, from "RM -IF" Multiple Residential Inlill to "IL- 1" Neighbourhood Institutional. REASON FOR CHANGE: To permit a group care facility for seven adults within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 288, RUE DUKE Par ies pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante A 1'arretd sur le zonage de The City of Saint John, lors de la rdunion ordinaire qui se tiendra dans la salle du conseil le lundi 26 mars 2012 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 310 metres carrels, situ6e au 288, rue Duke, et portant le NID 00006502, de zone d'6difices a logements multiples sur terrain intercalaire « RM -IF o a zone de quartier it vocation collectif v I1-1 ». RAISON DE LA MODIFICATION: Permettre un 6tablissement de soins en groupe pour sept adultes dans le batiment existant. Toute personae intdressde peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de Purbanisme et du d6veloppement a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention de la soussigne'e A 118tel de ville. Si vous auriez besoin des services en frangais pour une rd-union de Conseil Communal, veuillez contacter le bureau de la greffiere communale. Elizabeth Gormley, Greffiere communale 658 -2862 K1101 February 10, 2012 To whom it may concern; John Howard Society of NEW BRUNSWICK SAINT ,JOHN BRANCH INC. 68 Carleton Street, Saint John, New Brunswick E2L 2Z4 Telephone: (506) 657 -5547; Fax: (506) 649 -2006 EXECUTIVE DIRECTOR - William Bastarache 288 Duke Street is currently owned by New Directions who have operated the home for 6 adult clients with mental health concerns. The home is currently zoned for 6 and approved through the department of Social Development to support 6 clients. The home has an operating sprinkler system and doesn't require any constructional renovations to appoint the `old' office to a seventh bedroom. Adding a 7t' client doesn't require any additional staff, the site provides 2 off street parking spaces which don't impede the flow of traffic on Duke Street. The John Howard society has operated group homes within the city for 30 plus years. All homes abide to all city and provincial standards. Please see attached mission statement and purpose. If you require any additional information please feel free to contact Margo Butler at 657 -5547 7rg y, er B4.e B ,RSW Senior Manager John Howard Society President —Mark Hayward •Vice President —Wendy Horsier Secretary — Rev,Dr, John Crawford *Treasurer - David Fox 207 JOHN HOWARD SOCIETY, SAINT JOHN BRANCH INC. MISSION STATEMENT We exist to promote and support healthy and safe communities, by mobilizing partners and engaging families and individuals, while addressing the social conditions that give rise to crime PURPOSE The John Howard Society actively promotes policy and legislation that creates and maintains just, peaceful and safe communities. The Society recommends policies, which recognize the limitations of the criminal justice system to prevent crime and attempts to identify and promote the benefits of alternative prevention initiatives. The Society is active in advocacy, research, communications, community education, and coalition building and resource development. The John Howard Society has developed and provided the highest quality of therapeutic treatment services aiming at promoting and implementing a fuller continuum of nurturing programs which meet the multiple needs of clients and their families experiencing barriers to healthy and safe living. A primary focus is the provision of community based services to youth, adults and their families, victims of circumstance and abuse, and community development. Due to a fully developed focus on pro - active, preventative measures for the reduction of crime and victimization the Society is able to provide community members and organizations with effective community based program services for troubled youth, adults and their families ensuring a safer and healthier community. The John Howard Society is a non - profit organization, which relies on the funding from the United Way, foundations and government contract to operate its various programs. The mission of John Howard Society, Saint John Branch, Inc. includes public education, advocacy and programming which promotes successful living of those in conflict with the law, affected by the criminal justice process or those who display specific risk factors which may involve them in the criminal justice system. Specifically the activities of the organization include: 1. Provision of Cognitive Behavioral Programs to "at risk" adults, youth and families. 08] 2. Provision of Professional Training Programs to managers, staff and volunteers in the helping professions (Health, Criminal Justice, Social Service). 3. Advocacy & Promotion 4. Public Education (Schools, Community Organizations, Community Members). 5. Community Mobilization and Outreach Services (Development of partnerships, including outlying areas, for program service assessment, development and delivery. 6. Provision of Community Based Alternatives to Incarceration in partnership with Correctional Services Canada and Public Safety. 7. Provision of Educational / Employment Services. 8. Provision of Pre - Release Program Services within the Correctional Institution. 9. Provision of Residential Services to specialized populations requiring additional supports for successful living (mental illness, addictions, homeless, correctional) The John Howard Society has defined itself in its ever increasing expertise in the delivery of residential services to "complex populations" (individuals with behavioral, mental health and criminogenic concerns). Residential History The John Howard Society, Saint John Branch has a fully operational bilingual, co -ed open custody home for youth through a joint partnership with the Department of Public Safety and the Department of Family and Community Services. Grant Groupcare Home is a young offender residential centre that offers counseling, skill development, guidance, encouragement, support and cognitive / behavioral programming to residents who have come into conflict with the law. Grant Groupcare Home, providing over twenty years of service, accommodates up to 6 males / females, with a minimum of a 1:3 ratio of professionally trained staff. The Agency, in partnership with Coverdale Women's Centre, operated a male youth transition home and female youth transition home for homeless youth in 2004 -2006. Our desire was to create private residences for homeless youth who may be involved with the criminal justice system, may have experienced being in the foster care system and /or are wards of the court and cannot or will not accept a typical foster home placement. The Agency provided facilitation of the necessary skills and education for youth to succeed in independent living circumstances in the long term as well as provide opportunities for treatment of addiction dependencies. The Agency became well known to partner organizations, community agencies, media, political leaders and neighbors leading to increased awareness and community ownership of the problem of youth homelessness. Approximately 9 male youth and 13 female youth (in one year) were provided the opportunity to be engaged in educational / vocational / social / life skills training which assisted them by improving their educational and vocational standing as INGS] well as social, health and economic well being thereby increasing their level of self - sufficiency. Enhanced funding partnerships were secured with the department of Public Safety, Family and Community Services, other government departments and community foundations. The Agency operated a Parent Model Group Home for approximately 5 at -risk youth, at one time, (potential up to 24 youth) with complex needs for the year Sept 1, 2006 — Apr. 17, 2007. Tenants were engaged in 20 - 40 hrs /wk social and life skills training that would assist them by improving their social, health and economic well being and to increase their level of self - sufficiency. A smoke free family environment was provided that was supervised, structured, safe and nurturing and responsive to the needs of each youth. The youth were helped to realize educational opportunities appropriate to their needs and to achieve overall academic success. Opportunities were provided for the youth to learn pre - employment skills and work experience. Guidance and support were provided to the youth by enhancing their connectiveness within the greater community through the provision of opportunities for appropriate program services and volunteer opportunities which meet their individualized needs. The Agency provides independent supervised apartment settings for youth in crisis who fall under the mandate of the Department of Social Development for over 7 years. The residential units were designed to allow for short term emergency care with professionally trained staff for youth out of the family home and under the care of protective services. The apartments acted as an emergency crisis care center during a time of need when the community lacked this specialized service. Under the care of a department social worker, the youth were supported with their individualized case plans (educational / skill development) and provided family re- unification strategies and/or independent living skills_ Over the past few years, the Agency has actively pursued more qualified expertise for working with those youth and young adults with serious mental illnesses. Three years ago the Agency implemented a Transitional Community Based Residential Home for males with a mental illness - a non - profit "long term transitional home" for males who require long term residential care with extensive life /social skills training for future independent success. Residents, who are emotionally and behaviorally challenged, are provided a continuum of specialized opportunities encompassing motivation for treatment readiness, skill acquisition and "real' life practice of skills enabling first steps toward a positive change in lifestyle. The home is designed for people who require the availability of 24 -hour care and supervision within a secure setting. In general, this long- term care home offers higher levels of personal care and support than those typically offered. Our extensive experience has shown us that any service we provide, to be most effective, must be shaped or customized based on the goals and needs of the individual being served. More recent the Agency has opened the First Specialized Youth Treatment Home, in the Atlantic Provinces, for youth with sever social /emotional and behavioral difficulties. The design provides a gradual supportive approach for youth to become stabilized and comfortable within a social living environment shared by other youth. The treatment Centre provides a psychologist, social worker and specially trained staff, 2:1 ratio, engaging the youth in specialized mental health treatment and social emotional skill development activities with the intent of family re- unification and / or independent living. 210 Due to the Agency's specialization within the mental health residential services, JHS coordinated a community Mental Health Committee which lends support and expertise to the management of the mental health residential centers. The newly developed Mental Health Team is a multi government departmental and agency committee comprised of doctors, nurses, counsellors, social workers, probation officers, psychologists, mental health therapists The Agency was critical in the development and sustainability of the Provincial Youth Action Network (NBYAN) which was implemented to enhance the residential needs as well as health, social, educational and vocational needs of youth living in a state of homelessness within New Brunswick. The John Howard Society, Saint John Branch will continue to deliver a viable option for homeless youth which provides a stable, safe and healthy home environment while engaging the youth in activities which will enhance their overall future success. The provision of residences for youth is a priority of the Department of Public Safety as well as the Department of Social Development. Each department is a major stakeholder anticipating the opening of more homes for youth which fall under their care. It is a strategic decision to continue from initial discussions with the Department of Social Development to partner in the development of homes which could be utilized for youth who are in their care. The JHS is working within a local and provincial Community Groups whose aim it is to properly address the needs of the community's homeless and involving all those organizations that directly work with the aforementioned population group. We have the experience, expertise and confidence to design a specific program or activity in partnership with the individual and with the government departments whose mandate it is to provide support for these youth. This focus on partnerships, not just a provider, allows for a fully customized service with the best opportunity to be highly successful - delivery of what is needed and not "trying to fit a square peg into a round hole" 211 I't , . irjollb�; Ar - u_ . p. 1p f'7 K L N B U Al y t\l 1 kr� 212 ai 15,7. �ml Rock I �i f mi n 1-7 jizlnni6 Irt s y � 5 67 .,261 213 4 I � 2SO V Planning Advisory Committee March 21, 2012 Your Worship and Councillors: SUBJECT: Rezoning Application 288 Duke Street P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint John On February 27, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2012 meeting. Margo Butler was in attendance at the meeting on behalf of the applicant, the John Howard Society, and was in favour of staff's recommendation. No one else appeared before the Committee to speak in favour or against the application, and no letters were received. After considering the report and comments made by the applicant, the Committee recommended approval of the rezoning of the property from "RM -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional, subject the conditions set out below. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 310 square metres, located at 288 Duke Street, also identified as PID No. 00006502, from "RM -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 310 square metres, located at 288 Duke Street, also identified as being PID No. 00006502, be limited to a group care facility with a maximum of seven residents Respectfully submitted, Eric Falkjar Chairman JK Project No. 12 -054 214 The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: � r -J-6(1y . i£fer- Planner MARCH 1 b, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF MARCH 20, 2012 REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner SUBJECT: Name of Applicant: John Howard Society Name of Owner: John Howard Society Location: 288 Duke Street PID: 00006502 Municipal Plan: Medium to High Density Residential Zoning: Existing: "RM -IF" Multiple Residential Infill Proposed: "IL -1" Neighbourhood Institutional Proposal: To rezone the property to an institutional zoning that allows for more than six adults in a group care facility. Type of Application: Rezoning SAINT JOHN P.O. Box 1971 Sair a John, NB Cz nada E2L 411 www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 215 John Howard Society 288 Duke Street JURISDICTION OF COMMITTEE: Page 2 March 16, 2012 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation will be considered by Common Council at a public hearing on Monday, March 26, 2012. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 310 square metres, located at 288 Duke Street, also identified as PID No. 00006502, from "RM -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 310 square metres, located at 288 Duke Street, also identified as being PID No. 00006502, be limited to a group care facility with a maximum of seven residents. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments for the proposed rezoning of 288 Duke Street: • Records indicate there currently is metered servicing to this building. • Any required parking should be provided for off - street. • It is assumed from this application that there will be no changes to the site plan or servicing. Should there be any proposed changes, this Department must be contacted for further review and approval. Buildings and Inspection Services has no concerns with this proposal. Saint John Fire Department has been informed of this application. N.B. Department of Community Services has been informed of this application. ANALYSIS: Subiect Site The subject property contains a two- storey building at the intersection of Duke and Pitt Streets (see attachments). The subject site is located in an historical area of the City, with several dwellings pre- dating the 201h Century. Service New Brunswick data show that the building at 288 Duke Street was constructed in 1910. Like many buildings of that era, the dwelling was built to the property line abutting 216 John Howard Society Page 3 288 Duke Street March 16, 2012 the curb on both Duke Street and Pitt Street. The parking for the building is located in the side yard on the western portion of the property, and allows enough space for two vehicles. The portion of the property used for parking is enclosed with a chain -link fence. Proposal The applicant proposes that the subject site be rezoned from "RM -IF" Multiple Residential Infill to "IL- 1" Neighbourhood Institutional. A group home for six adults has been operating at this address for a number of years, which is the maximum number of adults permitted in a group home in the "RM -IF" zone. The applicant acquired the property this year and is now seeking to renovate an existing office space within the building to include the accommodation for a seventh adult. The additional unit creates a change in the designation of the operation from a "group home" to a "group care facility ", according to the City's Zoning By -Iaw. The applicant is requesting a rezoning to "IL -1" as a "group care facility" is not a permitted use in the "RM -IF" zone. Municipal Plan and Proposed Rezoning The Municipal Plan ( "P1anSJ ") has designated the area as Medium to High Density Residential. In addition to the residential component of this designation, the Plan creates provisions for other complementary uses to coexist with residential uses in an effort to create more "complete communities ". The Plan states, "other compatible uses may be permitted in the Medium to High Density designation without amendment to the Municipal Plan including, but not limited to convenience stores, home occupations, neighbourhood retail uses, parks, and community facilities." Churches, schools, community residences, small clinics, nursing homes, community centres, etc., are all examples of community facilities envisioned by the Plan that could play an important role in facilitating the creation of a complete community. The proposed group care facility is regarded as a community facility as the care provided by the operation is focused on offering a service to members of the community who have specific challenges and/or needs. The John Howard Society, the applicant, has indicated that they have been operating group homes in the City for more than 30 years. The City has approved the establishment of several group care facilities in the South End. In particular, there is a group care facility at 212 Pitt Street, 210 Queen Street, 86 Mecklenburg Street, as well as a group home approved for 183 -185 Queen Street, among others. With regard to parking, the Zoning By -law requires a minimum of one off -street parking space per six beds. The change from a six -bed home to a seven -bed home does not result in an increase in the number of required spaces. As noted above, there are two off-street spaces located to the side of the building, which more than satisfy the minimum requirement. The proposed increase in the number of residents is consistent with the direction provided by P1anSJ and compatible with the fabric of the surrounding community, and can therefore be supported. However, it is recommended that the rezoning be limited to the current proposal of one extra adult (to a maximum of seven total residents) at the group care facility. 217 John Howard Society 288 Duke Street CONCLUSION: Page 4 March 16, 2012 The proposed rezoning to allow for an extra adult to reside in an existing group home should have no discernable effect on the surrounding community. The existence of a group care facility in a medium to high density residential neighbourhood is consistent with the vision of a residential community offered by P1anSJ. Approval of the proposed rezoning is recommended, on condition that the operation of the group care facility is limited to the current proposal for one extra adult. JK Project No. 12 -054 218 PLANNING AND DEVELOPMENT /URBAN ISM E ET DEVELOPPEMENT 98 �� 16 16 1 for 116 161 169 1,1 147149 • 1 136 137 1 601 V i 120 ' ange Sig 60+ Be ,6 '1 TO Or 136 6 162 , 69 991 1 10 130 134 ,� ± 7,4 87 122 37 11 11e 9 120 1 120 R �1 79 .. a ....11411 118,16 2 rue Orar' 92 S� ,00 96 e9 80 r1 1: 12 13 O 126 19 ;�- 13 19 14 22 226 227 Duke S 128 305 132 267 291 203 134 297 328 354 324 31B 320 162 149 119 145 147 133 kl�IA9 burg St rue Mere. 97 154 86 ,.... ��• 812 12 ,26 _ 66� 89 burg IV >s ~ Me�k,ren 102 1,0112 114 122 71 73 75 71 82 94 100 176 67 1 92112 177 17 82I 72 74 76 170 296 ( 281 +Sa fn .. 77F i•cr— r• i>< c� Subject Site /site en question: �.. 00006502 Location: 288 Duke Street Date: February 24, 2012 Scale /echelle: Not to scale /Pas a I'echelle 219 288 Duke Street 977 Printed: 03/13/12 12:32:04 PM Scale: 1:500.00 220 11 r4 2 96 94 11 V, �/ (C") BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1. Repealing sub - paragraph 910(3)(a)(ii) and substituting the following: "(ii) submit with the application a fee, payable to the City of Saint John, of $2,500 for applications not requiring an amendment to the Municipal Plan, or $3,500 for applications that require an amendment to the Municipal Plan;" 2. Repealing paragraph 910(6)(b) and substituting the following: "(b) for providing a zoning confirmation letter, a fee of $100 shall be required at the time of the request." 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 ARRATA No C.P.110- ARRETA MODIFIANT L'ARRETA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune rdunion du conseil communal, The City of Saint John a decr&6 ce qui suit : Varret6 sur le zonage de The City of Saint John, d6cret6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1. L'abrogation du sous- alinda 910(3)a)(ii) et son remplacement par le sous- alin6a suivant : a (ii) verse avec la demande un droit de 2500 $ pour les demandes ne n6cessitant pas une modification au Plan municipal, ou 3500 $ pour les demandes qui n6cessitent une modification au Plan municipal, payable a The City of Saint John ; » 2. L'abrogation de 1'alinda 910(6)b) et son remplacement par 1'alinea suivant : b) pour une lettre de confirmation de zonage, un droit de 100 $ sera exig6 au moment de pr6senter la demande. » EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2012, avec les signatures suivantes : Common Clerk/Greffidre communale First Reading Premiere lecture Second Reading Deuxi6me lecture Third Reading - Troisieme lecture 221 9y PROPOSED ZONING BY -LAW AMENDMENT RE: APPLICATION FEES Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 26, 2012 at 7:00 p.m., by: L Repealing sub - paragraph 910(3)(a)(ii) and substituting the following: "(ii) submit with the application a fee, payable to The City of Saint John, of $2,500 for applications not requiring an amendment to the Municipal Plan, or $3,500 for applications that require an amendment to the Municipal Plan;" 2. Repealing paragraph 910(6)(b) and substituting the following: "(b) for providing a zoning confirmation letter, a fee of $100 shall be required at the time of the request." REASON FOR CHANGE: To increase the application fee for an amendment to the Zoning By -law or an amendment to a resolution pursuant to Section 39 of the Community Planning Act, from $1,000 to: • $2,500 for applications not requiring an amendment to the Municipal Plan, or 0 $3,500 for applications that require an amendment to the Municipal Plan; and to increase the fee for providing a zoning confirmation letter, from $25 to $100. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: FRAIS DE DEMANDE Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante 6 1'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra daps la Salle du conseil le lundi 26 mars 2012 A 19 h : 1. abrogeant le sous- alinea 910(3)a)(ii) et en le remplacant par le sous- alin6a suivant : (ii) verse avec la demande un droit de 2500 $ pour les demandes ne ndcessitant pas une modification au Plan municipal, ou 3500 $ pour les demandes qui n6cissitent une modification au Plan municipal, payable a The City of Saint John; 2. abrogeant 1'alin6a 910(6)b) et en le remplagant par l'alinda suivant : b) pour une lettre de confirmation de zonage, un droit de 100 $ sera exig6 au moment de presenter la demande. RAISON DE LA MODIFICATION: Augmenter le frais de demande pour un amendement a 1'arret6 sur le zonage ou un amendement a une rdsolution en vertu de Particle 39 de la Loi sur Purbanisme, de 1000 $ A: • 2500 $ pour les demandes ne n6cessitant pas une modification au Plan municipal, ou • 3500 $ pour les demandes qui n6cessitent une modification au Plan municipal, et augmenter les frais pour fournir une lettre de confirmation de zonage, a partir de 25 $ A 100 $. Toute personne int6ress6e peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de 1'urbanisme et d6veloppement it 1'h8tel de ville au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdrids. Veuillez faire part de vos objections au projet de modification par dcrit a 1'attention de la soussign6e a 1'h6tel de ville. W1 If you require French services for a Common Si vous auriez besoin des services en francais pour Council meeting, please contact the office of the une r6union de Conseil Communal, veuillez Common Clerk. contacter le bureau de la greffiere communale. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere communale 658 -2862 658 -2862 WAI Planning Advisory Committee March 21, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: City of Saint John Zoning By -law Amendments City of Saint John On February 13, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2012 meeting. Mr. Ken Forrest, Commissioner of Planning and Development attended the meeting and responded to questions from the Committee members relating to the radius for neighbouring property owner notification, the potential for an annual fee adjustment based on inflation, and the level of staff effort involved in the processing of applications. No other persons appeared before the Committee with respect to the application and no letters were received regarding the application. The Committee moved to adopt the Staff Recommendation with an additional recommendation that Common Council consider adjusting the fees annually for inflation. RECON UVMNDATION: That Common Council amend the City of Saint John Zoning By -law by: 1. Repealing sub - paragraph 910(3)(a)(ii) and substituting the following: "(ii) submit with the application a fee, payable to The City of Saint John, of $2,500 for applications not requiring an amendment to the Municipal Plan, or $3,500 for applications that require an amendment to the Municipal Plan;" 2. Repealing paragraph 910(6)(b) and substituting the following: "(b) for providing a zoning confirmation letter, a fee of $100 shall be required at the time of the request." and that Common Council consider adjusting the fees annually for inflation. Respectfully submitted, Eric Falkjar� Chairman MR 224 DATE: TO: FROM: FOR: PREPARED BY: MARCH 16, 2012 1=01211 TILY01W&K # "311610M COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF MARCH 20, 2012 Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: REVIEWED BY: //tiA.-C�- Ken Forrest, MCIP, RPP Commissioner City of Saint John Proposal: To establish new application/review fees for Zoning By -law amendments, Section 39 amendments and zoning confirmation letters Type of Application: Zoning By -law Amendment JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council with respect to proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, March 26, 2012. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the City of Saint John Zoning By -law by: rn�g�-19 SAINT JOHN P.O. Box 1971 5aint]chn, NB Canada E2L4L1 wwwsaintohn.ca C.P. 1971 Faint johr, N. -B. 03nada E2L4L1 225 City of Saint John Proposed Building By -law Amendment 1. Repealing sub- paragaph 910(3)(a)(ii) and substituting the following: Page 2 March 16, 2012 "(ii) submit with the application a fee, payable to The City of Saint John, of $2,500 for applications not requiring an amendment to the Municipal Plan, or $3,500 for applications that require an amendment to the Municipal Plan;" 2. Repealing paragraph 910(6)(b) and substituting the following: "(b) for providing a zoning confirmation letter, a fee of $100 shall be required at the time of the request." ANALYSIS: At its meeting of February 13, 2012, Common Council considered the attached report concerning proposed adjustments to the fees for Zoning By -law amendments, Section 39 amendments and zoning confirmation letters, as set out in Section 910 of the Zoning By -law. Council referred the matter to the Planning Advisory Committee for a recommendation and scheduled a public hearing on the proposed changes for March 26, 2012. The need to review all fees arose as a directive from Common Council during the recent 2012 budget deliberations. The proposed amendment, if approved by Council, would result in an increase in fees as follows: Type of Application Current Fee Rezoning /Sec. 39 $1,000 Zoning Confirmation $25 Pro o� � sed Fee $2,500 (without Municipal Plan amendment) $3,500 (when a Municipal Plan amendment is required) $100 The attached Council report contains the rationale for the proposed fee amounts. Approval of the amendment is recommended. MR/r 226 SPORT TO COMMON COUN4ZI- 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: r n7 City of Seim Jahn 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 �ti _ M & C —2012-24 - 2 - Febmary 8, 2012 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. 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 Confirmatlon 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. am M &C-2012-24 - 3 Febnmfy S, 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, Ke orrest, Mn CIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager KFIr I • Vii, ",J L I 1 I 1 March 13, 2012 Mr, Michael Gillis Cox & Palmer Suite 1500 Brunswick Square 1 Germain Street Saint John, NB E2L 4V l MAILED AND FAXED: 506.632.8809 Dear Mr. Gillis: Re: Zoning Inquiry - 269 -271 Somerset Street This is in reply to your inquiry of March 12, 2012 with respect to the above property, which is also identified as PID number 00046227. Our records show that this property is located in the "R -2" One and Two Family Residential zone. The provisions outlining the permitted uses and standards for the zone are attached for your information. The property files of our department, which date back to 1979, do not contain any additional information with regards to this property. The foregoing information is for your convenience only. It should be clearly understood that you must satisfy yourself as to whether the premises and the existing or proposed use thereof is, or would be, in conformity with all applicable by -laws and regulations of the City. For inquiries relating to heritage designation please contact Saint John Heritage at 506.658.2835. For inquiries relating to building code, flood risk or by -law enforcement issues please contact Buildings & Inspection Services Department at 506.658.2911. For inquiries relating to watercourses and/or wetlands please contact N.B. Department of Environment at 506.658.2558. Should you have any questions regarding this matter please contact me at 506.674.4238. Sincerely, Vol ZY Mark Reade, P. Eng., MCIP, RPP Senior Planner Attachment Project No. 12 -074 (C44"ar SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I www.sa;ntjohn.ca I C.i: 1971 Saintlohn, N. -B. Canada E_14L1 ~J 230 lo. � 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 ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une rdunion du conseil communal, The City of Saint John as follows: The City of Saint John a d6cr&6 cc qui suit : 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 226 immediately after Section 225 thereof, as follows: 226 The City of Saint John does hereby stop up and close permanently the following highway: UNDEVELOPED FIFTY (50) FOOT WIDE PUBLIC STREET (OFF JEAN STREET) in the City of Saint John, County of Saint John, Province of New Brunswick, extending eastwardly from the eastern sideline of Jean Street maintaining a breadth of fifty (50) feet a distance of one hundred (100) feet more or less to the western sideline of Lot 07 -1 (being Service New Brunswick Parcel Identifier #55188577) and designated "STREET" on a subdivision plan titled: "Subdivision Plan The Municipality of The City & County of Saint John to Charles W. Bettie & Mary G. Bettle Amending Lots 10, 10' /Z, 11, 12, Courtenay Heights by G.G. Murdock Feb. 15, 1924, Rev. May 21, 1942, Situated Parish of Simonds — St. John Co., NB" , dated June 1, 1962, approved by The Town Planning Commission of Metropolitan Saint John on June 28, 1962 and filed in the Saint John County Registry Office on June 29, 1962 as File 37 #28. 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: 1 Par les pr6sentes, 1'arret6 de The City of Saint John intitul6, «L'arret6 sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John >», d6cr6t6 le 19 d6cembre 2005, est modifid par 1'ajout de Particle 226 imm6diatement apres Particle 225, comme suit: 226 Par les prdsentes, The City of Saint John barre et ferme de faron permanente la route suivante : RUE PUBLIQUE NON AMENAGEE DE CINQUANTE (50) PIEDS DE LARGE (RUE QUI PART DE LA RUE JEAN) dans The City of Saint John, comte de Saint John, province du Nouveau - Brunswick, se prolongeant en direction de Pest a partir de la limite laterale est de la rue Jean, en conservant une largeur de cinquante (50) pieds, soit une distance de plus ou moins cent (100) pieds de la limite laterale ouest du lot n° 07 -1 (portant le num6ro d'identification de parcelle 55188577 de Service Nouveau - Brunswick) et indiquee comme « RUE >> sur un plan de lotissement nomm6 : o Subdivision Plan The Municipality of The City & County of Saint John to Charles W. Bettle & Mary G. Bettle Amending Lots 10, 101 /Z, 11, 12, Courtenay Heights by G.G. Murdock Feb. 15, 1924, Rev. May 21, 1942, Situated Parish of Simonds — St. John Co., NB », dat6 du 1' juin 1962, approuve par la Commission d'urbanisme de The City of Saint John le 28 juin 1962 et depose au bureau de 1'enregistrement pour le comte de Saint John le 29 juin 1962, sous le dossier ri 47, document no 95. 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 : Mayor/Maire Common Clerk/Greffi&e communale First Reading - March 12, 2012 Premi6re lecture - le 12 mars 2012 Second Reading- March 12, 2012 Deuxieme lecture — le 12 mars 2012 Third Reading - Troisieme lecture - 231 is z 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 228 immediately after Section 227 thereof, as follows: 228 The City of Saint John does hereby stop up and close permanently the following portion of highway: PHILLIP COURT AND WIGMORE COURT: All that portion of Phillip Court and Wigmore Court, in their entirety, public streets in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan of Survey Showing Phillip Court, Showing Wigmore Court, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated October 24, 2011 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 No 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 decrete ce qui suit : 1 Par les prdsentes, 1'anrete de The City of Saint John intitule, « L'arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John >>, decrete le 19 ddcembre 2005, est modifid par Pajout de Particle 228 immediatement apres Particle 227, comme suit : 228 Par les presentes, The City of Saint John barre et ferme de fagon permanente la portion d'une route suivante : IMPASSE PHILLIP ET IMPASSE WIGMORE : Tout le troncon de l'impasse Phillip et de l'impasse Wigmore, des rues publiques dans The City of Saint John, comte de Saint John, dans la province du Nouveau - Brunswick, comme le montre le plan d'arpentage intitule « Plan d'arpentage indiquant l'impasse Phillip et l'impasse Wigmore, City of Saint John, comme de Saint John, Nouveau - Brunswick » , prepare par Hughes Surveys & Consultants Inc. et date du 24 octobre 2011, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - March 12, 2012 Premiere lecture - le 12 mars 2012 Second Reading - March 12, 2012 Deuxieme lecture - le 12 mars 2012 Third Reading - Troisieme lecture - 232 a ' Wigmom Court o Public Street Caul Wtgrno's une nee puWlque 916 m tr IT IV enGOJ�/ coJm�W7 motes >s CRlCO, -12.19 fh, 6z /Co. An. -166' 3B' 10' 1 } } j S1 w/vdr Plop M. 15153736 02-01 PAD,/71.1.0. 53166110 New Brunswick Housing Corporation Property Propridtd Sacldtd d'habitation du Nouveau- Brubswick Oaa. 15190624 B°g TF 9. 2062 -10-15 - llp Court o Public Cour Phillip une rue .a /wir Pbn M. 259oD5B7 j 6rc -67.H 08 -02 { ct Mm,/,7.31 � CR ./V- b. -IP OW 0 , OF .r-` Cout3� ��ou� �1tnY 3 M. N. 15153736 - - Co- Ordinate du Nouveau-- 02 -02 s.e F3. 23 NP. B6,1 a1 damn 23 OGi I } i Y C t7 Corporation Property 600 1319 Propridtd Secidtd d'hobitation otrs 1 du Nauveou- BrubBtriok I) Oireeti N. B. GM a9mu161 di-d 6vm aba.m6m. an N. e Q. o- 13199128 8.9./Fn9. 2002-10 -16 �^ JCS X11. 35&1 20116 and (N°a63 CSR$ ,PN Ydin.j ,,:,•'7 hawi, i S 7 US 015.606 7301 965165 .M.— wtl.n. des et n1M (WB.7 Cuts VQ F 2) wl dlNaca. an ✓a rtnlra• tP -.rt tP 9n P.dd .RUW.M. "d. x 533 071623 2 SOU'038X"5 1 t D.3046 . R.19MI iN D CL .� j- 7 3W L. wl.,.k mWlquu 2 } lee 0 -10%ee .ono Il)p. V.ulat Pa' 0.3019 Pei/ ebten4 I'bqu Nabret 16P9dda . 5 j K.a 9d�d °fiorryn M.ov v4... p.APk.ial Ffarrnatlon \ OJ �. 1 ��� a -113 kW �d� y -„v f � M1 k 1V/ D�0edD�- /) AS 6pcam.r,t and Ply ral.Hraa rdw a Np1[ry IXifc. far 7 364 4�.1 , 7 364 765.135 7 J55 6566533 �GOJ/ / saint daNn C—ty . ` j d0mm"�°Od. I♦ SY�.`7°J 4 1 i d.nr.al.lr — au son° as 7 383 I&e.Cx9 N.B. Mm./Mm. NB 5) 1S4d .uMy do'nP1 W en Ndy 19. 2110 . 114w,w CeeDN r++/Mrl P wM+ a. d,nwn.lt �a.1. ra 3) L'apeMOq. fur a cFvM4r 161 epr,r,IW 4 19 ma 1010 5) u { I� mp6dpm Pn/em3.E aM eaarin9a. N3akn W. plm, I boW an Nwr 9rv,v.itl, 9{w.aglpNk Oahe Pro�y�6 vy � Ill! Ih. NIa63(C516} O9p..id rd .id M s°rvh Ne• AanmrVW 1691 Pncl.im N.I.orM mand,wM an % a . 6 } te. kN al J. —b" daa, k-—b" Ma M 655.1. er 1' J }l nom. dwaa e9 tio,...aa- s�,A6a1 .e �.�°R.m. waea�an.+ yu. ed.nnln.b P<r w seemenn:» 6ih.v9 d Naas a.. monum.,a a° s.r°IC.e Naunw- 8nxw.lcA . 0 , OF .r-` Cout3� ��ou� �1tnY 3 M. N. 15153736 - - Co- Ordinate du Nouveau-- 02 -02 s.e F3. 23 NP. B6,1 a1 damn 23 OGi New Brunswick Housing Y C t7 Corporation Property 600 1319 Propridtd Secidtd d'hobitation otrs D du Nauveou- BrubBtriok I) Oireeti N. B. GM a9mu161 di-d 6vm aba.m6m. an N. e Q. o- 13199128 8.9./Fn9. 2002-10 -16 �^ JCS X11. 35&1 20116 and (N°a63 CSR$ ,PN Ydin.j ,,:,•'7 hawi, 1 i La... t d... u 8m. .B . a kw d20, 1N16 ..... d'aD.e S 7 US 015.606 7301 965165 .M.— wtl.n. des et n1M (WB.7 Cuts VQ F 2) wl dlNaca. an ✓a rtnlra• tP -.rt tP 9n P.dd .RUW.M. "d. x 533 071623 2 SOU'038X"5 % D.3046 . R.19MI iN D CL .� j- 7 3W L. wl.,.k mWlquu 2 } lee 0 -10%ee .ono Il)p. V.ulat Pa' 0.3019 Pei/ ebten4 I'bqu Nabret 16P9dda . 5 j K.a 9d�d °fiorryn M.ov v4... p.APk.ial Ffarrnatlon \ OJ �. w�A . s > eA , ypb�nn a p. a1 1PI maul i. inn- a —� . nn a emn Wraa+ rut eompl4e d. dNev...ea.w . 4 ��� a -113 kW �d� y -„v f � M1 k 1V/ D�0edD�- /) AS 6pcam.r,t and Ply ral.Hraa rdw a Np1[ry IXifc. far 7 364 4�.1 , 7 364 765.135 7 J55 6566533 �GOJ/ / saint daNn C—ty . ` j d0mm"�°Od. I♦ SY�.`7°J 4 2616D d.nr.al.lr — au son° as 7 383 I&e.Cx9 N.B. Mm./Mm. NB 5) 1S4d .uMy do'nP1 W en Ndy 19. 2110 . 114w,w CeeDN r++/Mrl P wM+ a. d,nwn.lt �a.1. ra 3) L'apeMOq. fur a cFvM4r 161 epr,r,IW 4 19 ma 1010 5) u m $ I� mp6dpm Pn/em3.E aM eaarin9a. N3akn W. plm, I boW an Nwr 9rv,v.itl, 9{w.aglpNk Oahe Pro�y�6 vy � Ill! Ih. NIa63(C516} O9p..id rd .id M s°rvh Ne• AanmrVW 1691 Pncl.im N.I.orM mand,wM an % a . 6 } te. kN al J. —b" daa, k-—b" Ma M 655.1. er 1' J }l nom. dwaa e9 tio,...aa- s�,A6a1 .e �.�°R.m. waea�an.+ yu. ed.nnln.b P<r w seemenn:» 6ih.v9 d Naas a.. monum.,a a° s.r°IC.e Naunw- 8nxw.lcA . 364 900 New tlat. deg Bndnswldi Crid co6rdonnies g6odieique5 Co- Ordinate du Nouveau-- Value. Brun5nl6k -}- Sa. I x Y R,r1y I.egsnd/Ldgende 600 1319 2 533 08100'1 2 533 063.191 7 363 061970 7 ]M 052.4/s Loki. Pt./IM. eek. Cde. PI./PC c.k. _ 1660 1551 1552 2 633 M0R95 2 533 024.010 2 533 021.192 7 356 05[.306 7 3.5 043.110 7311 054A71 Cda. Pt./Pt c k. Cde. PL/m a.b. W.. P1./pt <ek. ,,:,•'7 hawi, 1655 1e� 2 613 012.329 2 0.73 071389 7 US 015.606 7301 965165 C.C. F0. sll 1/dTM_ ^� a'V-S d x a d' "� 15M i� x 533 071623 2 SOU'038X"5 7 351 951.779 7 3384 248 -5 a Cek. pt,/Pf. _ - ASS. �S, I w W" w Y�� ��ak a TaCUeNd 1511 3852 2 333 025-09 2 353 316.572 7 361 959.551 7 354 611.097 N.B. Nav /Nen hB ��� a -113 kW �d� y -„v f � M1 k 3685 3113 20116 2 533 37Jm 2 532 636.660 2 533 354.61] 7 364 4�.1 , 7 364 765.135 7 J55 6566533 N.. Ma�Afan N6 N. IMMa NB N.9, I♦ SY�.`7°J 4 2616D x633 391.190 7 383 I&e.Cx9 N.B. Mm./Mm. NB 114w,w CeeDN r++/Mrl P wM+ a. d,nwn.lt �a.1. ra a dar PC.d Jrae3S- 0'6ohW4 wmdM, ullly t.Oppp71 .. 233 7 364 900 N e 4 d' No, f9W5I ' 6! A r clan ur 5urvey/tr tan a Rrpentag( Showing Phillip Court , Mont7ant Cour Phillip , Showing ;Ygmors Court , Montrant Cour Wgmore , City of Saint John , We de Saint John , Saint John County , Brunswick . Comt6 de Saint Joh Nouveau- Brunswick . CMVkd 0~ /C m oanea! noa23ne C GTANTa INC. S.-y" bY/ . W. 24. 201, NP.M9 par 24 odoUn John E. Car-0 357 oaa Nv e'Ma nd Son.lm /Iry.ntta 9d 10. du K Pu- 9-4kkb 0 la 3 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 227 immediately after Section 226 thereof, as follows: 227 The City of Saint John does hereby stop up and close permanently the following portion of highway: THAT PORTION OF AN UNDEVELOPED SIXTY (60) FOOT WIDE PUBLIC STREET (OFF LOCH LOMOND ROAD) in the City of Saint John, County of Saint John, Province of New Brunswick, extending southwardly from the southern sideline of Loch Lomond Road maintaining a breadth of sixty (60) feet to the northern sideline of Lot 07 -1 (being Service New Brunswick Parcel Identifier #55188577); the said undeveloped street having been laid out on a plan of survey titled: "Plan of Property Situate At East Saint John N.B. Owned By William P. McDonald Jr." dated August 4, 1944 and filed in the Saint John County Registry Office on September 25, 1946 as File 18 #208. 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 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 r6union du conseil communal, The City of Saint John a d6cret6 ce qui suit: 1 Par les pr6sentes, 1'arretd 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 », d6cr&6 le 19 d6cembre 2005, est modifie par Pajout de Particle 227 immediatement apres Particle 226, comme suit : 227 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la portion d'une route suivante : CETTE PARTIE D'UNE RUE PUBLIQUE NON AMENAGEE DE SOIXANTE (60) PIEDS DE LARGE (RUE QUI PART DU CHEMIN LOCH LOMOND) dans The City of Saint John, comte de Saint John, province du Nouveau - Brunswick, se prolongeant en direction du sud a partir de la limite lat6rale sud du chemin Loch Lomond, en conservant une largeur de soixante (60) pieds de la limite laterale nord du lot ri 07 -1 (portant le num6ro d'identification de parcelle 55188577 de Service Nouveau - Brunswick); ladite rue non amenagee figurant sur le plan d'arpentage nomme : ((Plan of Property Situate At East Saint John N.B. Owned By William P. McDonald Jr. », date du 4 aont 1944 et depose au bureau de 1'enregistrement pour le comte de Saint John le 25 septembre 1946, sous le dossier n° 18, document ri 208. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2012, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - March 12, 2012 Premiere lecture - le 12 mars 2012 Second Reading - March 12, 2012 Deuxieme lecture - le 12 mars 2012 Third Reading - Troisieme lecture - 234 10, H Cad BY -LAW NUMBER C.P. 101 -2 A BY -LAW TO AMEND A BY -LAW RESPECTING THE CONSTRUCTION, REPAIR AND DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By -Law of The City of Saint John entitled "A By -Law Respecting the construction, repair and demolition of buildings and structures in the City of Saint John ", enacted on the 5t` day of August, 2003 is hereby amended as follows: 1 Schedule 9.3 is repealed and replaced by the Schedule attached to this amendment as Appendix "A ". 2 Schedule 9.5 is repealed and replaced by the Schedule attached to this amendment as Appendix `B" IN WTI'NESS 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: ARRETE N° C.P. 101 -2 ARRETE MODIFIANT L'ARRETE RELATIF A LA CONSTRUCTION, ,k LA REPARATION ET A LA DEMOLITION DE BATIMENTS ET DE STRUCTURES DANS THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcrete ce qui suit: Pars les presentes, 1'arrete de The City of Saint John intitule « Arrete relatif a la construction, a la reparation et a 1a demolition de batiments et de structures dans The City of Saint John) ddcrete le 5 aout, 2003, est modifie comme suit: 1 L'Annexe 9.3 est abrogde et remplacee par ]'annexe «A» ci jointe. 2 L'Annexe 9.5 est abrogde et remplacee par Pannexe «B» ci jointe. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2012, avec les signatures suivantes Mayor /Maire Common Clerk/Greffidre communale First Reading - February 27, 2012 Premiere lecture le 27 fevrier 2012 Second Reading - February 27, 2012 Deuxieme lecture - le 27 fevrier 2012 Third Reading - Troisidme lecture - 235 Appendix "A" / Annexe "A" SCHEDULE 9.3 New home construction $110 per square foot Finished basements & additional floors $55 per square foot Additions With foundation $110 per square foot Ajouts Crawlspace Less 20% Post and Beam Less 30% Renovations Poteau et poutre $22 per square foot Decks $15 per square foot Garage (attached or detached) $40 per square foot Sidling Vinyl $6.50 per square foot Parement Aluminum/Steel $7.00 per square foot Shingles/Clapboards $5.00 per square foot ANNEXE 9.3 Construction d'une maison neuve 110 $ le pied carr6 Amenagement du sous -sol et stages 55 $ le pied came additionnels Ajouts Avec fondation 110 $ le pied carre Vide sanitaire Moins 20 % Poteau et poutre Moins 30 % Renovations 22 $ le pied carre Terrasses 15 $ le pied carre Garage (attenant on isole) 40 $ le pied carre Parement Vinyle 6,50 $ le pied carre Aluminium ou acier 7,00 $ le pied carre Bardeaux et planches a clin 5,00 $ le pied carre 236 Appendix "B" SCHEDULE 9.5 Estimate of work includes cost of labour and materials. Accessory Buildings Greater than 10 mz (108 sq.ft.) Additions Change of Use Demolition Garage or accessory building All other Fence Greater than 2.4 m (8 ft.) in height Mobile Homes Permanent placement in a mobile home park Permanent placement on lot Temporary placement on lot New Construction Pools Renovations Retaining Walls Signs Temporary Buildings All new construction 1 & 2 family residential All other All except mobile signs Mobile signs 237 $110 base fee + $8.50/ $1,000 of the estimate $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $210 + deposit $310 + deposit $210 flat fee $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $310 flat fee $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate Planning Advisory Committee March 21, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint john. New Brunswick Canada E2L 4I..1 SUBJECT: City of Saint John Building By -law Amendment City of Saint John On February 27, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2012 meeting. Ms. Amy Poffenroth of the Buildings and Inspection Services Department attended the meeting and was in agreement with the recommendation provided in the Staff report. Ms. Poffenroth also responded to questions, and heard concerns, from the Committee relating to the proposed amendment and fee changes. The Committee discussed fees relating to demolition permits, the overall intent and magnitude of the proposed fee increases, development on vacant lots and the need for applicable incentives to build on the development vision established on PlanSJ. Specific concerns raised by the committee members included: • Cost of a Building Permit in comparison to neighbouring communities. • The ongoing annual tax revenue from a new construction was not considered as a recovery to offset the building permit fees. • Some of the fees were proposed to increase by as much as 400% • The fee increases proposed for Demolitions and for smaller Single Family renovations would place an undue burden on the private homeowners. Following the Committee's lengthy deliberation on the matter, an amended recommendation was adopted. No other persons appeared before the committee related to the matter and no letters were received regarding the matter. RECOMMENDATION: That Common Council adopt the attached By -law C. P. 101 -2, entitled A By -law to Amend a By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John and that Common Council revisit the fees associated with demolition permits and renovations of single family dwellings valued between $ 5,000 and $ 20,000. The Committee also recommended that Common Council examine an annual fee increase of a minimum of 2% or the annual inflation rate and strongly urged Common Council 238 -2- to implement incentives to encourage the types and forms of residential development envisioned in P1anSJ. Respectfully submitted, Eric Falk' Chairman NM 239 The City of Saint Jahn DATE: TO: FROM: FOR: MARCH 16, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF MARCH 20, 2012 PREPARED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: REVIEWED BY: ._ �����u ,ter =2 -�" �► Ken Forrest, MCIP, RPP Commissioner Name of Applicant: City of Saint John Proposal: To establish a new fee schedule for building permit applications and reviews Type of Application: Building By -law Amendment JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council with respect to proposed amendments to the Building By -law. STAFF RECOMMENDATION TO COMMITTEE: That Common Council adopt the attached By -law C.P. 101 -2, entitled A By -law to Amend a By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John. T s' �J SAINT JOHN P.O. Box 1971 Saint John, NB Canada EA 41 wwwsaintjohn.ca C.g i 971 Saint john, N. -B. Canada f2L 4L1 240 City of Saint John Page 2 Proposed Building By -law Amendment March 16, 2012 INPUT FROM OTHER SOURCES: Buildings and Inspection Services supports the adoption of the proposed amendment. ANALYSIS: At its meeting of February 27, 2012, Common Council considered the attached report concerning proposed adjustments to the Building By -law's schedule of permit fees. Council gave first and second reading to the attached Building By -law amendment and referred it to the Planning Advisory Committee for a recommendation prior to consideration of third reading. The need to review all fees arose as a directive from Common Council during the recent 2012 budget deliberations. The proposed amendment, if approved by Council, would result in an increase in fees as set out in the appendices to the proposed by -law and described in the attached report. Approval of the amendment is recommended. A representative of the Buildings and Inspection Services Department will be present at the Committee's meeting to answer any questions the Committee may have. I►T Im 241 BY -LAW NUMBER C.P. 101 -2 A BY -LAW TO AMEND A BY -LAW RESPECTING THE CONSTRUCTION, REPAIR AND DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By -Law of The City of Saint John entitled "A By -Law Respecting the construction, repair and demolition of buildings and structures in the City of Saint John ", enacted on the 5h day of August, 2003 is hereby amended as follows: 1 Schedule 9.3 is repealed and replaced by the Schedule attached to this amendment as Appendix "A ". 2 Schedule 9.5 is repealed and replaced by the Schedule attached to this amendment as Appendix `B" 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 ARR#,TE No C.P. 101 -2 ARRkTA MODIFiANT VARR)ETt RELATIF A LA CONSTRUCTION, A LA R KPARATION ETA LA DEMOLITION DE BATIMENTS ET DE STRUCTURES DANS THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a ddcr&d ce qui suit: Pars les pr6sentes, Parrretd de The City of Saint John intitul6 «Arrdtd relatif a la construction, a la r6paration et a la demolition de batiments et de structures dans The City of Saint John» d6cr6td le 5 aout, 2003, est modifid comme suit: 1 L'Annexe 9.3 est abrogde et remplac6e par Pannexe «A» ci jointe. 2 L'Annexe 9.5 est abrogde et rempiac6e par 1'annexe «B» ci jointe. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2012, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi&re lecture - Second Reading _ Deuxi6me lecture - Third Reading - Troisi6me - 205 242 Appendix "A" / Annexe "A" New home construction Finished basements & additional floors Additions Renovations Decks Garage (attached or detached) Siding Construction dune maison neuve Amenagement du sous -sol et etages additionnels Aj outs Renovations Terrasses Garage (attenant ou isole) Parement SCHEDULE 9.3 With foundation Crawlspace Post and Beam Vinyl Aluminuxn/Steel Shingles/Clapboards ANNEXE 9.3 Avec fondation Vide sanitaire Poteau et poutre Vinyle Aluminium ou acier Bardeaux et planches A clip 206 243 $110 per square foot $55 per square foot $110 per square foot Less 20% Less 30% $22 per square foot $15 per square foot $40 per square foot $6.50 per square foot $7.00 per square foot $5.00 per square foot 110 $ le pied carr6 55 $ le pied carr6 110 $ le pied carr6 Moins 20 % Moins 30 % 22 $ le pied carr6 15 $ le pied carr6 40 $ le pied carr6 6,50 $ le pied carr6 7,00 $ le pied carr6 5,00 $ le pied carr6 Appendix "B" SCHEDULE 9.5 Estimate of work includes cost of labour and materials. Accessory Buildings Greater than 10 mZ (108 sq.ft.) Additions Change of Use Demolition Fence Mobile Homes New Construction Pools Renovations Retaining Walls Signs Temporary Buildings Garage or accessory building All other Greater than 2.4 m (8 ft.) in height Permanent placement in a mobile home park Permanent placement on lot Temporary placement on lot All new construction 1 & 2 family residential All other All except mobile signs Mobile signs 207 244 $110 base fee + $8.50/ $1,000 of the estimate $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $210 + deposit $310 + deposit $210 flat fee $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $310 flat fee $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee+ $8.50/ $1,000 of the estimate $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate Annexe "B" ANNEXE 9.5 Vestimation des travaux comprend le tout de la train d'ceuvre et des materiaux, Bfitiments annexes Superficie superieure a 10 m2 (108 Frais de base de 110 $ + 8,50 $ par tranche de (residentiels) 1 000 $ d'estimation Ajouts Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Changement d'utilisation Demolition Garage ou batiment annexe Tous les autres batiments Clfiture Dont la hauteur depasse 2,4 metres (8 pieds) Maisons mobiles $tablie en permanence dans un part pour maisons mobiles $tablie en permanence sur un terrain Etablie temporairement sur un terrain Nouvelle construction Piscines Renovations Murs de soutenement Habitations unifamiliales et bifamiliales Tous les autres Panneaux Tous les panneaux a Pexception de ceux qui sont mobiles Panneaux mobiles Bitiments temporaires 208 245 Frais fixes de 210 $ Frais fixes de 210 $ + depot Frais fixes de 310 $ + depot Frais fixes de 210 $ 210$ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais fixes de 310 $ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais fixes de 210 $ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais fixes de 210 $ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais de base de 110 $ + 8,50 $ par tranche d'estimation de 1 000 $ Frais fixes de 210 $ Frais de base de 110 $ + 8,50 $ par tranche eestimation de 1 000 $ OPEN SESSION M &C2012 -38 February 23, 2012 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT Amendment to Saint John Building By -law — Fee Adjustments BACKGROUND City of Salac john During budget deliberations, departments were directed to review fees to consider all potential increases to revenue accounts. For the Buildings and Inspection Services Department, this means a review and increase of fees for various building permits pursuant to the Saint John Building By -law. ANALYSIS Building By -law permit fees have remained unchanged for 14 years; prior to increases in 1998, fees remained unchanged for 10 years. With a few exceptions, current permit fees are calculated by a base fee of $100 + $8 per thousand dollars of construction value. There are three aspects of the fee structure — the base fee, the fee per thousand of value, and the valuation of the construction. The base fee is to account for the costs of reviewing and processing the permit application. The fee per thousand of value is to account for the costs of the technical inspection service. The valuation of the construction is to account for an accurate reflection of actual construction costs of the project including all labour and materials. Base Fees The base fee is recommended to be increased to $110 to more accurately reflect current administrative costs to process permit applications. The fee per thousand of value is recommended to be increased to $8.50 per thousand of construction value, which reflects a 6 percent increase since the fees were last increased in 1998. With this increase, the fee will more accurately reflect costs of the technical aspects of the inspection service. 192 246 M &C2012 — 38 - 2 - February 23, 2012 Most permits will have the same fee structure of $110 + $8.50 / $1,000 of the estimate. This is a change in the base fee for some permits of lower value. For example, the current base fee for a single family addition with an estimate of $20,000 and under is $20 (+$8/$1,000); the $20 base fee does not cover the administrative costs of processing the permit application. The new base fee of $110 will apply to all permits that utilize the formula. There are some permit types that use a flat fee structure. Flat fee permits are being increased to reflect the actual administrative costs and the basic inspection service that is required. For example, the current permit fee for installation of a swimming pool is $50 — this does not cover the administrative costs nor does it cover the costs of an inspection to ensure all requirements have been met. In the case of a swimming pool, the flat fee has been increased to $210 — this covers the costs to process the application and to conduct at least one inspection. The recommended fee schedule is attached as Schedule "A -1". A comparison of current fees with recommended fees is attached as Schedule "A -2 ". For Council's information, the attached Schedule "C" provides permit fees for new construction for other municipalities in our regions, including a fee comparison for new home construction valued at $200,000. Construction Valuation During the application stage, applicants are to provide the value of the construction project. For residential projects, Schedule 9.3 of the Building By- law provides per square foot valuation figures to be used in calculating the value of the project. To ensure the most accurate valuations as possible, there is a provision in the by -law that allows the Building Inspector to require an applicant to provide all such documentation as may be required to determine the value of the work. The per square foot valuations listed in Schedule 9.3 have not been changed since 2003. Since that time, construction costs have increased substantially; therefore, the valuation figures used to calculate permit fees do not accurately reflect actual construction costs. This contributes to an artificially low permit fee and buildings that are undervalued for assessment purposes. It is important to note that construction values on permit applications are considered by Service New Brunswick when determining property assessments; therefore, adjusting the valuation figures in Schedule 9.3 may contribute to more accurate assessments for property tax purposes. Staff recommends adjusting the per square foot valuation figures as shown in Schedule "B -1" attached. For Council's information, staff used RS Means Costworks, a recognized construction cost estimating software, to determine and verify that the new valuations more accurately reflect actual construction costs in today's dollars. 193 247 M &C2012 — 38 - 3- February 23, 20I2 The recommended valuation schedule is attached as Schedule "B -1 ". A comparison of current valuations with recommended valuations is attached as Schedule "B -2 ". Revenue Generation For Council's information, the following revenues have been generated by the building permit fee structure over the last 5 years: YEAR REVENUE VALUE OF NUMBER OF CONSTRUCTION PERMITS 2011 $892,259 $100,986,385 1174 2010 $1,178,097 $137,748,669 1275 2009 $1,522,112 $190,595,921 1552 2008 $1,709,331 $200,464,763 1686 2007 $1,018,055 $114,230,081 1600 It is estimated that these proposed fee increases will generate approximately $180,000 annually in new revenue. For Council's information, staff sent a letter via email to the following stakeholders to advise that adjustments to building permit fees would be considered at the next meeting of Common Council: • Architect's Association of New Brunswick, • Association of Professional Engineers & Geoscientists of New Brunswick, • Canadian Home Builders Association — Saint John Region Inc., • Saint John Board of Trade, and • Saint John Construction Association. The groups were asked to forward the letter to their members. A copy of the letter is attached as Schedule "D ". INPUT FROM OTHER SOURCES The City Solicitor has prepared an amendment to the Building By -Law which reflects the fee increases outlined in this report and is submitting a report to Common Council concurrently in this respect. Planning advises that, pursuant to section 66(1) of the Community Planning Act, Common Council must request the written views of the Planning Advisory Committee concerning the proposed changes to the Building By -law. 194 .• M &C2012 — 38 - 4 - February 23, 2012 RECOMMENDATION Your City Manager recommends that; 1. Common Council amend the Building By -Law to increase the building permit fees as outlined in this M &C 2012 -38; and 2. The said By -law amendment be referred to the Planning Advisory Committee for its written views, pursuant to s. 66(1) of the Community Planning Act. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner, Buildings and Inspection Services Patrick Woods, CGA City Manager iLN 249 SCHEDULE 66A -1" SCHEDULE 9.5 Estimate of work includes cost of labour and materials. Accessory Buildings Greater than 10 mz (108 sq.ft.) Additions Change of Use Demolition Fence Mobile Homes New Construction Pools Renovations Retaining Walls Signs Temporary Buildings Garage or accessory building All other Greater than 2.4 m (8 ft.) in height Permanent placement in a mobile home park Permanent placement on lot Temporary placement on lot All new construction 1 & 2 family residential All other All except mobile signs Mobile signs 196 250 $110 base fee + $8.50/ $1,000 of the estimate $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $210 + deposit $310 + deposit $210 flat fee $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $310 flat fee $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate $110 base fee + $8.50/ $1,000 of the estimate $210 flat fee $110 base fee + $8.50/ $1,000 of the estimate ANNEXE 9.5 Uestimation des travaux comprend le cout de la main d'oeuvre et des matdriaux. Bfitiments annexes Superficie supdrieure a 10 m2 (108 p2) Frais de base de 110 $ + 8,50 $ par tranche de (residentiels) 1 000 $ d'estimation Ajouts Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Changement d' utilisation Ddmolition Garage ou batiment annexe Tous les autres batiments Cloture Dont ]a hauteur ddpasse 2,4 metres (8 pieds) Maisons mobiles Etablie en permanence dans un parc pour maisons mobiles Etablie en permanence sur un terrain Etablie temporairement sur un terrain Nouvelle construction Piscines Renovations Murs de soutenement Habitations unifamiliales et bifamiliales Tous les autres Panneaux Tous les panneaux A ('exception de ceux qui sont mobiles Panneaux mobiles Blitiments temporaires 197 251 Frais fixes de 210 $ Frais fixes de 210 $ + ddpbt Frais fixes de 310 $ + d6p6t Frais fixes de 210 $ 210$ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais fixes de 310 $ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais fixes de 210 $ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais fixes de 210 $ Frais de base de 110 $ + 8,50 $ par tranche de 1 000 $ d'estimation Frais de base de 110 $ + 8,50 $ par tranche d'estimation de 1 000 $ Frais fixes de 210 $ Frais de base de 110 $ + 8,50 $ par tranche d'estimation de 1 000 $ SCHEDULE 9 51 OF SAINT JOHN BUILDING BY -LAW -.FEES Estimate of work includes cost of labour and materials. Accessory Buildings (Residential) Additions Change of Use Demolition Fence Mobile Homes New Construction Pools Renovations Retaining Walls Signs Temporary Buildings SCHEDULE "A -2" Not greater than 10 m2 (108 sq.ft.) Less than 60 m2 (645 sq.ft.), 1 -2 family residential,1 storey All other Single family (with estimate $20,000 and under) Multi- residential (with estimate $20,000 and under) All other additions Garage or accessory building All other (Commercial) If less than 2.4 m (8 ft.) in height (Commercial) If more than 2.4m (8 ft.) in height Permanent placement in a mobile home park Permanent placement on lot Temporary placement on lot All new construction With an area greater than 10 m2 (108 sq. ft.) or dimension greater than 4m (13 ft.) Single family (with estimate under $5,000) Single family (with estimate of $5,000- $20,000) Multi- residential (with estimate $20,000 and under) All other renovations Greater than 1 m (3 ft.) All except mobile signs Mobile signs 198 f4M CURRENT FEES No permit $100 flat fee $100 base fee + $8/1000 of est. $20 base fee + $8/1000 of estimate $50 base fee + $8/1000 of estimate $100 base fee + $8/1000 of estimate $100 flat fee $50 flat fee + deposit $200 flat fee + deposit (varies) No permit $100 flat fee $200 flat fee Same as new construction $100 flat fee $100 base fee + $8/1000 of estimate $50 flat fee $50 flat fee $20 base fee + $8/1000 of estimate $50 base fee + $8/1000 of estimate $100 base fee + $8 /1000 of estimate $100 flat fee $100 base fee + $8/1000 of estimate $100 flat fee $100 flat fee RECOMMENDED FEE 2012 No permit $110 + $8.50/$1,000 of estimate $110 + $8.50 /$1,000 of estimate $110 + $8.50/$1,000 of estimate $110 + $8.50/$1,000 of estimate $110 + $8.50/$1,000 of estimate $210 flat fee $210 + deposit $310 + deposit No permit $210 flat fee $210 flat fee $110 + $8.50/$1,000 of estimate $310 flat fee $110 + $8.50/$1,000 of estimate $210 flat fee $110 + $8.50/$1,000 of estimate $110 + $8.50/$1,000 of estimate $110 +$8.50/$1,000 of estimate $110 +$8.50/$1,000 of estimate $210 flat fee $110 + $8.50/$1,000 of estimate $210 flat fee $110 + $8.50/$1,000 of estimate SCHEDULE "B -1" SCHEDULE 9.3 New home construction $110 per square foot Finished basements & additional floors $55 per square foot Additions With foundation $110 per square foot Ajouts Crawlspace Less 20% Post and Beam Less 30% Renovations Poteau et poutre $22 per square foot Decks $15 per square foot Garage (attached or detached) $40 per square foot Siding Vinyl $6,50 per square foot Parement Aluminum/Steel $7.00 per square foot Shingles/Clapboards $5.00 per square foot ANNEXE 9.3 Construction d'une maison neuve 110 $ le pied carr6 Am6nagement du sous -sol et Rages 55 $ le pied carr6 additionnels Ajouts Avec fondation 110 $ le pied carr6 Vide sanitaire Moins 20 % Poteau et poutre Moins 30 % Renovations 22 $ le pied carr6 Terrasses 15 $ le pied carrel Garage (attenant ou isol6) 40 $ le pied carrel Parement Vinyle 6,50 $ le pied carr6 Aluminium ou acier 7,00 $ le pied carr6 Bardeaux et planches 6 clip 5,00 $ le pied carr6 199 253 SCHEDULE 11B -2" SCHEDULE 9131 OF SAINT JOHN BUILDING BY -LAW - VALUATIONS 200 254 CURRENT VALUE RECOMMENDED VALUE 2012 New home construction Basic bungalow $70 per square foot $110 / sgft Mid -range $75 -90 per square foot $110 / sgft Luxury $90 and up per square foot $110 / sgft Additions With foundation Same as new construction $110 / sgft Crawlspace Less 20% Less 20% Past /Beam Less 30% Less 30% Renovations N/A $22 / sgft Decks $6.00 per square foot $15 / sgft Finished basements & 2nd floors 50% of new construction. $35 per square foot $55/ sgft Garage Attached $20 per square foot $40 / sgft Detached over 50 m2 (538 sq.ft.) $20 per square foot $40 / sgft Siding Vinyl $2.50 per square foot $6.50 per square foot Aluminum /Steel $3.50 per square foot $7.00 per square foot Shingles /Clapboards $2.00 per square foot $5.00 per square foot 200 254 SCHEDULE "C" 201 OM Building Permit Fee Based on $200,000 city Base Fee Value Fee Value Saint John $110 $8.50/ $1,000 $1,800.00 Moncton no base fee more than $3,000 $7.50 / $1,000 $1,500.00 Fredericton no base fee more than $1,000 $7.50 / $1,000 $1,500.00 Dieppe no base fee $7.50 / $1,000 $1,500.00 Riverview $25 1 & 2 unit dwellings $6.00 / $1,000 $1,225.00 $25 all other construction $7.50 / $1,000 $1,525.00 Quispamsis no base fee up to $5,000 value $10.00 / $1,000 no base fee over $5,000 thereafter $6.00 / $1,000 $950.00 Rothesay no base fee $100 to $25,000 $20 to $136.00 $25,000 up to $100,000 thereafter $2.50 / $1,000 over $100,000 thereafter $2.00 / $1,000 $523.50 Grand Bay /Westfield no base fee first $1,000 $10 $2,000 to $5,000 thereafter $5.00 / $1,000 over $5,000 thereafter $4.00 / $1,000 $810.00 St John's, NfId up to $100,000 $9.00/ $1,000 over $100,000 thereafter $7.201 $1,000 $1,620.00 201 OM SCHEDULE "D" February 21, 2012 As a part of 2012 budget deliberations, City staff was directed to review fees and recommend necessary increases, where applicable. Staff of Buildings and Inspection Services has reviewed fees charged under the Saint John Building By -law and will be recommending increases at the next meeting of Common Council. Building By -law permit fees have remained unchanged for 14 years; prior to increases in 1998, fees remained unchanged for 10 years. At its meeting on February 27, 2012, Common Council will consider an amendment to the Saint John Building By -law to increase permit fees and to adjust the valuations used in estimating residential construction costs. The report from staff recommending permit fee increases will be available for review at www.saintjohn.ca by 4 :30 pm on Friday, February 24, 2012. Thank -you, Amy Poffenroth, PEng MBA Deputy Commissioner Buildings and Inspection Services 202 256 �, A City Hall IS Market Square March 15, 2012 Mayor Court and Common Council, P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Transition of Pension Plan to an RRSP Model .( ;'ice City of Saint John Council has passed a motion to receive a report from the City Manager regarding transition to a defined contribution pension plan. In conjunction with that pending report, I put before Council the following; MOTION : That Council have the City Manager bring forward a report on the transition of the City of Saint John's pension plan to an RRSP model. Respectfully, (received via e-mail) Councillor Patty Higgins 257 City Hall 15 Market Square March 15, 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: RE: Graffiti Overview: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 ., , City of Saint John The Saint John Police Force in consultation with the Waterloo Village Association has prepared a report and series of recommendations with regard to eradicating graffiti in Saint John. Graffiti is an expensive and defacing form of vandalism which reduces property values, promotes an undesirable image of our city, undermines a sense of security and safety, and diverts valuable tax dollars from the delivery of other city services. The Saint John Police Force, and specifically Constable Dan Weber of the Community Services Unit, has prepared an extensive report which includes sample by -laws from other jurisdictions as well as examples of graffiti in our community. Motion to Refer: That the City Manager refer to the office of the City Solicitor the report from Constable Weber and the Waterloo Village Association with a view to preparing a report and recommendation on the implementation of the graffiti management by -law for the City of Saint John. Respectfully submitted, (Received via email) Mel K. Norton Councillor Saint John City Council 258 "Graffiti 101" 259 k `t (iR -Nmn The current steps of the Saint John Police Force has been employing is referred to as the GRAFFITI ERADICATION PROGRAM. This involves 3 steps: 1. Report The owner or occupier of property reports the matter to police as this is damage to their property. 2. Record Saint John Police Force Community Services Unit photographs the damage. Photographs will provide evidence should the responsible party be found and prosecuted. Damage estimates are taken with cost of removal. 3. Remove Property owners are urged to remove the graffiti as soon as possible. Studies have shown that if an area is `tagged' it is far more likely to be vandalized by other `taggers' if the original tag is not removed. Removing the tag gives a sense that people care about the area. Immediate removal -- within 24 -48 hours -- is one key to successful graffiti prevention. 260 Graffiti Eradication SHORTFALLS 261 GR ffff l What is missing from the current graffiti eradication program? The current eradication program falls short when the unwillingness of a property owner to remove the graffiti quickly or even to remove it at all. The owner of any particular buildings unwillingness to remove such damage leaves the problem unchecked. It is some people's thought that this will only happen again so there lays `no sense' in removing it. This thought only perpetuates the current problem. It leaves the thought in the taggers mind that it was okay to put spray paint or marker on another person's property. In addition to this the prospective tagger will not hesitate to tag that area as well. What is needed now to keep Saint John from becoming riddled with a graffiti problem to a point of no control? Measures that guarantee the immediate removal of graffiti will contribute to the control of graffiti in Saint John. Numerous other municipalities across Canada have adopted `graffiti bylaws.' There are various takes on the problem in how they deal with this as far as who pays for the removal, how long after a property owner is given notice to remove graffiti, or further prosecution of suspects. At heart of various municipal bylaws is the intention to prevent unsightliness of property by prohibiting the placement of graffiti and requiring that properties be kept free of graffiti. Apart of a comprehensive graffiti removal program endorsed by bylaw will have a `zero tolerance' effect on graffiti in the City of Saint John. The ultimate goal of removing graffiti from all public property within 24 hours of its finding or report of it. An anticipated bylaw will require owners or occupiers of private property to remove graffiti from their property whenever it occurs and provides the City of Saint John with the powers to enforce such removal. 262 Following the example of others... 263 GR-Mffln Graffiti is an expensive and defacing form of vandalism. Graffiti is covered by the Criminal Code of Canada formally called Mischief Over or Under $5000. Graffiti has been increasing in Saint John, NB to the point where it detracts from the appearance and image of the city for both residents and visitors. What is Graffiti? Graffiti is any writing, etching, drawing or symbol applied to any public or private property without the consent of the owner or their agent and as such is an act of vandalism and a crime. Graffiti includes the placement - without consent - of posters or advertisements on public or private property. There are several types of graffiti, including, gang, hate, and generic (non - threatening messages like "Bobby loves Suzy" or "Class of 2003"). About 80% of graffiti is "tagger" graffiti. Another 5% are "pieces," or large visuals. Nationally, gang graffiti makes up about 10% of graffiti. nttp: / /www.--raffitihum.org Why Should You Care? Graffiti, if left unchecked; • Reduces property values • Promotes an undesirable image of our city • Undermines residents and visitors sense of security and safety • Destroys property • Diverts tax dollars from the delivery of other City services By removing graffiti quickly and consistently we are showing the pride we have in our community. 264 Graffiti Eradication Program 265 G f ,-I ffm Where else in Canada are Graffiti Bylaws enforced? In researching Canadian cities with graffiti bylaws I found some of them to be known for cleanliness. Others I noticed that have previous known graffiti problems. I have listed five Canadian municipalities: Victoria BC, Calgary AB, Ottawa ON, Vancouver BC, and Edmonton AB. I also learned that Vancouver BC has some of the most extensive bylaws in place and proactive community involvement in regards to this topic. Vancouver, a city known amongst law enforcement for drug addictions and gang violence has done extensive work battling graffiti to recapture the image of the city. SOURCES: http: / /www.edmonton.ca/bylaws licences/b l ti.aspx City of Edmonton http: / /vancouver.ca/bylaws /7343c.pdf City of Victoria http: / /www. victoria. ca /cityhall /` dfs /downtown graffiti.pdf#search =" rg affiti" City of Victoria, hU://www.calg_n.ca/CA/ city - clerks/ Documents / Legislative- services/Bylaws /5M2004- CommunityStandards.pdf City of Calgary http: / /www.otawa.ca/en/licence permit/bvlaw /a z/gaffti/index.html City of Ottawa http: / /www. rg afftihurts.= Graffiti Hurts is responsible for majority statistics and comments. 266 F City of Ottawa, ON Graffiti Management BY-LAW NO. 2008-01 A by -law of the City of Ottawa to prohibit the placement of graffiti on property and to require property be kept free of graffiti. WHEREAS the Municipal Act, 2001, S.O.2001, c. 25, as amended provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become public nuisances; AND WHEREAS, in the opinion of the Council of the City of Ottawa, graffiti is a public nuisance; THEREFORE the Council of the City of Ottawa enacts as follows: DEFINITIONS 1. In this by -law, "City" means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires; "customer service box" means either a publication distribution box or a courier drop box; "courier drop box" means an unattended box into which any member of the general public may deposit letters or parcels to be delivered by courier companies; "Director" means the Director of By -law and Regulatory Services in the Community and Protective Services Department of the City of Ottawa or authorized assistants or By -law Officers; "graffiti" means one or more letters, symbols, etchings, figures, inscriptions, stains howsoever made or otherwise affixed to a property or other markings that disfigure or deface a property but does not include a mural sign permitted in accordance with By -law No. 2005 -439, the Permanent Signs on Private Property By -law; "interior space" includes an interior wall, ceiling, floor and any other partition that defines the interior space of a property; "mural sign" means a decorative mural that is painted directly onto the exterior fabric of a building and that serves as an expression of public art; "officer" means a police officer or municipal law enforcement officer appointed by the 267 Council of the City of Ottawa to enforce the provisions of this by -law; "owner" includes, a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; b) the lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property; "property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures including customer service boxes and courier drop boxes, out- buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property. INTERPRETATION 2. (1) This by -law includes the schedules annexed here to and the schedules are hereby declared to form part of this by -law and enact the regulation, the description or the map they contain. (2) The rules in this section apply to this by -law, unless a contrary intention is evident from the context. (3) Unless otherwise defined, the words and phrases used in this by -law have their normal and ordinary meaning. (4) This by -law is gender - neutral and, accordingly, any reference to one gender includes the other (5) Words in the singular include the plural and words in the plural include the singular. (6 ) It is declared that any section, subsection or part thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such. (7) Headings are inserted for convenience of reference purposes only, form no part of this by -law and shall not affect in any way the meaning or interpretation of the provisions of this by -law. INTERIOR SPACE .: 3 This by -law does not apply to an interior space on a property or to a thing located entirely within the interior space on a property. GRAFFITI PROHIBITED 4 No person shall place or cause or permit graffiti to be placed on property. 5 No owner of property shall fail to maintain such property free of graffiti. NOTICE TO COMPLY 6 An officer who finds a contravention of this by -law may give written notice to the owner of the property requiring compliance with this by -law within the time period specified in the notice but no sooner than 7 calendar days after the notice is given. 77 The notice may be served personally on the person to whom it is directed or by registered mail to the last know address of that person, in which case it shall be deemed to have been given on the third day after it was mailed. 8 If there is evidence that the owner in possession of the property is not the registered owner of the property, the notice shall be served on both the registered owner of the property and the owner in possession of the property. 9,.. If the address of the owner is unknown or the City is unable to effect service on the registered owner or the owner, a placard stating the terms of the notice and placed in a conspicuous place upon the land on or near the property shall be sufficient notice to the owner. FAILURE TO COMPLY 10 No person shall fail to comply with a notice given under Section 6 of this by -law. REMOVAL OF GRAFFITI If the owner fails to comply with a notice, the Director of By -law and Regulatory Services or persons acting upon his or her instructions, may enter upon the lands at any reasonable time for the purposes of carrying out the work described in the notice. 12_ Costs incurred by the City in doing the work required to be done by the notice may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. OFFENCES AND PENALTIES '13. (1) Every person who contravenes any of the provisions of this by -law is guilty of an offence. 269 (2 'Every person who is convicted of an offence under this by -law is liable to a fine as provided for in the Provincial Offences Act, R.S.O 1990, Chapter P. 33, as amended. When a person has been convicted of an offence under this by -law, (a) the Ontario Court of Justice, or ,,... (b) any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted. EXEMPTIONS 15. This by -law shall not apply to: (a) the north abutment, excluding the wing walls facing south and the pillars and bridge supports immediately facing the abutment wall, designated by sign, on The Honourable George Dunbar Bridge known municipally as 1301 Bronson Avenue; and (b) the concrete retaining wall on the south side of the western portion of the Ottawa Technical High School known municipally as 422 Slater Street. SHORT TITLE 16. This by -law may be referred to as the "Graffiti Management By -law". ENACTED AND PASSED this 9a` day of January, 2008 CITY CLERK MAYOR 270 C04. t 5 00, f y ' BYLAW NUMBER 5M2004 (e) the overall fire danger. (3) No Person shall build, ignite or allow any kind of fire when a complete ban on burning has been declared by the Fire Chief and is in effect. (4) A member of the Fire Department or an Officer may direct a Person to extinguis any fire when a fire ban is in place. (5) A Person who fails to comply with the direction of a member of the Fir Department or an Officer to extinguish a fire during a fire ban comm n ence and the member of the Fire Department or the Officer, as the caa , may extinguish the fire. A * A V, :`RAfRT G .GRAFFITI PREVENTIORI AN`D ABATEMENT' 00. r ww 19. (1) For the purposes of this Part, "Graffiti' means words, ff res I ' ers, drawings or stickers applied, scribbled, scratched, etched, rayed or ati6hed on or to the surface of any Premises, Structure, or other, i p8#1y 14M2009, 2009 April 06) 52M2010, 2010 July 19) (2) No person shall create or apply C?rft", 'or (a) Premises, w~�T^ Ilk An ?. (b) Structure, or (c) Other pro y whi Wined or occupied by another Person �Y unless the G,�ti is nonpublic view and the Person who owns or occupies the Premise,, _ u6 re or other property to which the Graffiti has been created or applied 1��. ;fir written approval for the creation or application of the 1. Graf` M (B /L 52M2010, 2010 July 19) (3) g., erjr�' i{ r or occupier of a Premises shall ensure that Graffiti placed on their Pre seis removed, painted over, or otherwise blocked from public view. (B /L 52M2010, 2010 July 19) h 041 Subsections (2) and (3) do not apply to a sign, as defined in the Land Use Bylaw 1 P2007, as amended, for which a development permit has been issued. h (B/L 14M2009, 2009 April 06) ti. (B/L 52M2010, 2010 July 19} da PART 7 — DONATION AND RECYCLING SITES 20. For the purpose of this Part: (a) "Charity Collection Site" means an area accessible to the public, which is marked by signs identifying the name of a charity and identifying the area for the Page 1230131 NO. 02 -16 GRAFFITI BYLAW A BYLAW OF THE CITY OF VICTORIA The purpose of this Bylaw is to (1) replace the anti - graffiti regulations enforcement provisions in the Rubbish Bylaw with an independent bylaw, and (2) to explicitly require the owners and occupiers of real property to remove graffiti. Contents 1 Title 2 Definitions 3 Prohibiting graffiti on or adjacent to public place 4 Owners and occupiers must remove graffiti 5 Inspection to determine whether bylaw is being followed 6 City's action at defaulter's expense 7 Offences and penalties Under its statutory powers, including sections 269, 376(2), 725(1)(c) and (d), and 725(2) of the Local Government Act, the Council of the City of Victoria enacts the following provisions: Title I This Bylaw may be cited as the "GRAFFITI BYLAW'_ Definitions 2 In this Bylaw, (a) means drawing, printing, or writing that (i) is scribbled, scratched, sprayed, painted, or similarly placed directly, (ii) if it is on private property that is not located on public real property, is there without the consent of the owner of that private property; (b) excludes signs for which permits have been issued under the Sign Bylaw; and (c) excludes murals; 272 "mural" means a painting (a) that is applied directly to the wall of a building with the consent of the owner of that building; and (b) that does not include any text or logo other than the name of the artist. Prohibiting graffiti adjacent on or adjacent to public place A person must not place graffiti on a wall, fence, or elsewhere on or adjacent to a public place Owners and occupiers must remove graffiti 4 Every occupier of real property, or its owner if there is no occupier, must remove from that property all unsightly accumulations of graffiti. Inspection to determine whether bylaw is being followed 5 A Municipal Police Constable of the City may enter at all reasonable times on real property, that is subject to section 3 or 4, to determine whether a requirement set out in those sections is being observed_ ity`sct�on a# defaulter's expense 6 (1) The City may give written notice to an owner or occupier, who does not take an action required under section 4, stating that the City will take the action at the expense of the owner or occupier if that person does not take the action within 14 days of the service of the notice. (2) An owner or occupier to whom notice is given under subsection (1) may appeal the City's proposed action by applying, within 14 days of the service of the notice, for a hearing by the City's Private Property Maintenance Committee established under the Property Maintenance Hearing Delegation Bylaw. (3) Upon hearing an appeal under subsection (2) the Private Property Maintenance Committee may (a) dismiss the appeal; (b) extend the time in which the person appealing must undertake the action required by the notice given under subsection (1); or 273 (c) where the Private Property Maintenance Committee determines it is appropriate to do so, vary the action required to be taken by the person appealing and establish time limits within which the person appealing must undertake the action. (4) A Municipal Police Constable of the City, or any person authorized by a Municipal Police Constable, on behalf of the City and at a defaulting person's expense, at reasonable times and in a reasonable manner, may enter on the real property owned or occupied by that person and take the action required by a notice given under subsection (1) if that person does not take the action within 14 days after the service of the notice, and (a) that person has not appealed to the Private Property Maintenance Committee within 14 days of the service of the notice; (b) the Private Property Maintenance Committee, acting under its authority in subsection (3)(a), has dismissed that person's appeal; (c) the Private Property Maintenance Committee has not extended the time in which the person is required to comply with the action required by the notice given under subsection (1); or (d) the Private Property Maintenance Committee, acting under its authority in subsection (3)(c), has not varied the action required to be taken by the person appealing. (5) If the City takes action under subsection (4) and the costs of the action are not paid on or before December 31 in the year in which they are incurred, (a) they may be recoverable from the person as a debt; or (b) they may be collected in the same manner and with the same remedies as ordinary taxes on the real property on which the action was taken. (6) For the purposes of subsection (5)(b), the costs referred to in subsection (5) are considered to be taxes in arrears. Offences and Penalties 7 A person who contravenes a provision of this Bylaw is guilty of an offence and is subject to the following enforcement provisions: (a) to the penalties imposed by the Offence Act; 274 {b} the issuing and enforcement of a ticket under the Ticket Bylaw_ READ A FIRST TIME the 14TH day of FEBRUARY 2002_ READ A SECOND TIME the 14TH day of FEBRUARY 2002. READ A THIRD TIME the 14TH day of FEBRUARY 2002. ADOPTED on the 28TH day of FEBRUARY 2002. "ROBERT G. WOODLAND" "ALAN LOWE" CORPORATE ADMINISTRATOR MAYOR 275 CITY OF EDMONTON BYLAW 14600 COMMUNITY STANDARDS BYLAW (CONSOLIDATED ON FEBRUARY 13, 2008) 276 Bylaw 14600 BUILDINGS OFFENCE CONTINUING OFFENCE VICARIOUS LIABILITY CORPORATIONS AND PARTNERSHIPS Page 2 of 6 PART I - PROPERTY MAINTENANCE 2 (1) A person shall not cause or permit a nuisance to exist in respect of any building on land they own or occupy_ (2) For the purpose of greater certainty a nuisance, in respect of a building, means a building showing signs of a serious disregard for general maintenance and upkeep, whether or not it is detrimental to the surrounding area, some examples of which include: (a) any damage to the building; (a.1) any graffiti displayed on the building that is visible from any surrounding property; PART II - ENFORCEMENT 3 A person who contravenes this bylaw is guilty of an offence. 4 In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and a person guilty of such an offence is liable to a fine in an amount not less than that established by this bylaw for each such day. 5 For the purposes of this bylaw, an act or omission by an employee or agent of a Person is deemed also to be an act or omission of the person if the act or omission occurred in the course of the employee's employment with the person , or in the course of the agent's exercising the powers or performing the duties on behalf of the person under their agency relationship. 6 (1) When a corporation commits an offence under this bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the 277 Bylaw 14600 Page 3 of 6 corporation has been prosecuted for the offence. (2) If a partner in a partnership is guilty of an offence under this bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. FINES AND 7 (1) A person who is guilty of an offence is liable to a fine in an PENALTIES amount not less than that established in this section, and not exceeding $10,000.00, and to imprisonment for not more than six months for non - payment of a fine. (2) Without restricting the generality of subsection (1) the following fine amounts are established for use on municipal tags and violation tickets if a voluntary payment option is offered: (a) $250.00 for any offence for which a fine is not otherwise established in this section; (b) Repealed (S.5(1), Bylaw 14752, February 13, 2008) (c) $100.00 for any offence under sections 7 and 8; (S.5(2), Bylaw 14752, February 13, 2008) (d) Repealed (S.5(3), Bylaw 14752, February 13, 2008) (e) $500.00 for any offence under section 20 and 22; and (f) double these fine amounts for any subsequent offence MUNICIPAL TAG 8 If a municipal tag is issued in respect of an offence the municipal tag must specify the fine amount established by this bylaw for the offence. PAYMENT IN LIEU 9 A person who commits an offence may, if a municipal tag is issued OF PROSECUTION in respect of the offence, pay the fine amount established by this bylaw for the offence and if the amount is paid on or before the required date, the person will not be prosecuted for the offence. VIOLATION 10 If a violation ticket is issued in respect of an offence, the violation TICKET ticket may: (a) specify the fine amount established by this bylaw for the 278 Bylaw 14600 Page 4 of 6 offence; or (b) require a person to appear in court without the alternative of making a voluntary payment. VOLUNTARY 11 A person who commits an offence may: PAYMENT (a) if a violation ticket is issued in respect of the offence; and (b) if the violation ticket specifies the fine amount established by this bylaw for the offence; make a voluntary payment equal to the specified fine. ORDER TO 12 (1) If the City Manager believes, on reasonable grounds, that a person COMPLY is contravening any provision of this bylaw, the City Manager may, by written order, require any person responsible for the contravention to remedy it. (2) The order may: (a) direct a person to stop doing something, or to change the way in which the person is doing it; (b) direct a person to take any action or measures necessary to remedy the contravention of the bylaw and, if necessary, to prevent a re-occurrence of the contravention; (c) state a time within which the person must comply with the directions; (d) state that if the person does not comply with the directions within a specified time, the City will take the action or measure. (3) A person named in and served with an order issued pursuant to this section shall comply with any action or measure required to be taken within the time specified. (4) An order issued pursuant to this section may be served: (a) in the case of an individual: (i) by delivering it personally to the individual; (ii) by leaving it for the individual at their apparent place of residence with someone who appears to be at least 18 years of age; or (iii) by mail addressed to the individual at their apparent 21V Bylaw 14600 Page 5 of 6 place of residence or at any address for the individual on the tax roll of the City or at the Land Titles registry; (b) in the case of a corporation: (i) by delivering personally to any director or officer of the corporation; (ii) by delivering it personally to a person apparently in charge of an office of the corporation at an address held out by the corporation to be its address; or (iii) by mail addressed to the registered office of the corporation. OBSTRUCTION 13 A person shall not obstnict or hinder any person in the exercise or performance of the person's powers pursuant to this bylaw. PART III - GENERAL POWERS OF THE 14 Without restricting any other power, duty or function granted by CITY MANAGER this bylaw the City Manager may: (a) carry out any inspections to determine compliance with this bylaw; (b) take any steps or carry out any actions required to enforce this bylaw; (c) take any steps or carry out any actions required to remedy a contravention of this bylaw; (d) establish investigation and enforcement procedures with respect to residential, commercial, industrial or other types of property and such procedures may differ depending on the type of property in question; (e) establish areas where activities restricted by this bylaw are permitted; (f) establish forms for the purposes of this bylaw; (g) issue permits with such terms and conditions as are deemed appropriate; WE CITY OF VANCOUVER BRITISH COLUMBIA GRAFFITI BY -LAW N®. 7343 This By -law is printed under and by authority of the Council of the City of Vancouver (Consolidated for convenience only to December 3, 2009) 281 follows: BY -LAW NO. 7343 A By -law to prevent unsightliness of property by prohibiting the placement of graffiti and requiring that property be kept free of graffiti (Consolidated for convenience only, to include By -law No. 9962, effective December 3, 2009) THE COUNCIL OF THE CITY OF VANCOUVER, in open meeting assembled, enacts as This by -law may be cited as the "Graffiti By- law ". 2. In this by -law "graffiti" means one or more letters, symbols or marks, howsoever made, on any structure or thing but does not include marks made accidentally or any of the following: a) a sign, public notice or traffic control mark authorized by the City Engineer; b) a sign authorized pursuant to the Sign By -law; C) a public notice authorized by a City by -law or by Provincial or Federal legislation; d) in the case of private property, a letter, symbol or mark for which the owner or tenant of the property on which the letter, symbol or mark appears has given prior, written authorization. 3. No person shall place graffiti, or cause graffiti to be placed, on any wall, fence or other structure or thing in any street or other public place. 4. No person shall place graffiti, or cause graffiti to be placed, on any wall, fence, building or other structure located on real property and adjacent to a street or other public place. 5. No owner or occupant of real property shall permit graffiti to be placed on any wall, fence, building or structure that is located on such real property and adjacent to a street or other public place. 6. Every owner of real property must remove from that real property any unsightly accumulation of graffiti within 10 days after the Director of Licenses and Inspections causes a notice to be served upon the owner requiring such removal. 282 7. If an owner defaults in removing any unsightly accumulation of graffiti in compliance with section 6 and the notice referred to therein, the City, by its workers or others, may enter the real property and effect such removal at the cost of the defaulting owner. 8. If an owner defaults in paying to the City, within 30 days after receipt of demand for payment from the City, the cost referred to in section 8, the City may recover from the owner, in any court of competent jurisdiction, the cost as a debt due to the City, or direct that the amount of the cost, after certification by the Director of Finance, be inserted in the real - property tax roll as a charge imposed with respect to the real property in respect of which the City incurred the cost. 9. Service upon an owner of the notice referred to in section 6 or the demand referred to in section 8 will be sufficient if the Director of Licenses and Inspections mails the notice by prepaid registered post to the address shown on the then current year's real - property assessment roll for the real property on which the graffiti is located. 10. Every person who offends against any of the provisions of this by -law, or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this by -law, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this by -law, or who does any act or thing which violates any of the provisions of this by -law, shall be deemed to be guilty of an infraction of this by -law, and shall be liable to penalties hereby imposed. 11. Every person who commits an offence against a provision of this By -law is liable to a fine and penalty of not less than $250.00 for any offence under this By -law, except for an offence under sections 3, 4, or 5 in respect of which the fine and penalty will be not less than $500.00, and not more than $2,000.00 for each offence. 12. This by -law comes into force and takes effect on the date of its passing. DONE AND PASSED in open Council this 4th day of October, 1994. (signed) "Philip W. Owen" Mayor (signed) "Maria C. Kinsella" City Clerk 2 283 Operation Portland Nearly $30,000 in drugs and $5,000 in cash were seized in Operation Portland. Among the drugs were crack cocaine, cocaine, marijuana, ecstasy and prescription drugs such as Dilaudid and Oxycontin. Several rifles were also seized, including a 9 -mm handgun and pistol -grip shotgun, a bow and a homemade mace with screws sticking out of one end. To date, 48 people have been arrested and 120 charges laid, but police say more charges and arrests are expected. Source: CBC News (October 30, 2009) http: / /www.ebe.cal news /eanadalnew- brunswicklstory /2009/10/3 0/nb-ronald- ross -drug- charges.htm ., The taggers who sprawled paint across the rear of the Imperial Theatre have been arrested. According to 94.1 FM news: "The two men responsible for spray painting the Imperial Theatre and the area behind the Hilton are facing charges. Staff Sergeant Jim Fleming says the two men caused at least $20,000 dollars in damage and will appear in court on July 5th. He says charging them is a key step in preventing more vandalism because it will stop young people from doing the same." 285 City Hall 15 Market Square March 21, 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: RE: Conflicts of Interest Overview: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 City of Saint John Context: An atmosphere of mutual respect and impartiality should be promoted within council meetings at all times. Public trust and confidence is better served and decisions more rationally made when such mutual respect and impartiality is promoted. A potential source of difficulty for Council members and the public is the lack of transparency in the policies governing conflicts of interest, particularly where a decision of Council may pertain to a matter under the authority of an agency, board or commission of the City on which a member of Council serves. Motion: To request, direct or require, as the context requires, that each and every agency, board or commission of the City ensure that it has adopted and enforces a written policy governing conflicts of interest and that all such policies be filed with the Common Clerk and made available to the public via the City of Saint John website. Yours very truly, (Received via email) Mel K. Norton Councillor Saint John City Council -R-: PORT TO COMMON COUNCIL M &C 2012- 66 March 26, 2012 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: 2012 Operating Budget Heritage Grant Reforms BACKGROUND: EINi The City of SWM Jahn On February 1" 2012, Common Council adopted the City's 2012 Operating Budget which included fee increases for heritage applications and reductions in the Heritage Grants program. Council sought the advice of staff and the Heritage Board on the implementation of these reforms and on March 12, 2012 held the required public hearing to consider the proposed fee increases. In response to feedback received at the public hearing objecting to the impact of the fees on smaller heritage maintenance projects, Council opted not to move forward with the heritage fee increase. Council farther decided to absorb the revenue shortfall through a $10,000 reduction in the heritage grants. The purpose of this report is to seek Common Council approval of the amendments to the City's Heritage Grants Policy which will set Council direction on how these funds should be directed to support the City's Heritage Conservation Program. ANALYSIS: As previously noted, the Heritage Conservation Program requires significant administrative resources with more than 770 registered heritage properties in 11 designated heritage conservations areas. The program involves a high level of technical and conservation based expertise and review, involving staff and the Heritage Board. The ongoing Heritage Program Review has identified concerns with the sustainability of the current levels of service with the available resources. With a significant reduction in the funding for the Grants program ($110,000 less than in 2011), revisions to the Heritage Grants program must therefore address both the administrative capacity of staff to deliver the program and ensure that projects which 287 2 receive municipal funding are strategic to supporting the objectives of the City's Heritage Conservation Program. Heritage Grants Program Reforms The approved 2012 Operating Budget as amended by Council includes a reduction of $110,000 from the City's Heritage Grants Program, a reduction of more than half of the 2011 funding level of $200,000. Current State The Heritage Grants program currently targets funding to support revitalization of heritage conservation areas through three types of grants: 1. Heritage Maintenance Grants: Small scale grants of up 20% to maximum of $1,000 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 1 I % of the total grants budget. 2. Heritage Conservation Grants: Heritage conservation grants are provided which 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% for 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 based on $25,000 spent (minor) b. 40% of up to a maximum of $10,000 based on $25,000 spent for major projects incorporating structures or 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. Conservation Plans are undertaken by a design professional such as an architect or engineer and identify a phasing plan to undertake required heritage conservation work. These costs are funded up to 50 % to an established maximum depending on the nature of the project (e.g. a higher maximum is set for commercial facades as compared to single unit dwellings). In 2011, these represented 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 fiend the number of requests for grant funding. The total grant envelope has been allocated on a first come first serve basis, with funding usually fully committed by late summer /early fall. Recommended Reforms The delivery of a heritage grants program, although not mandated by the Provincial Heritage Conservation Act, does underscore the City's commitment to its heritage program. These municipal investments help sustain continued economic development and continue to provide a unique identity for our city enhancing the quality of life enjoyed by our citizens. The $110,000 reduction in this year's heritage grant budget will require the implementation of a number of reforms. These reforms are necessary to ensure that the grants program is targeted towards the projects which maximize benefits for heritage conservation in Saint John, while continuing to stimulate economic development and bolster the tax -base. 3 Heritage Conservation Grants Heritage staff had proposed to that the program that supports major conservation projects should be maintained to the maximum extent possible. Given the funding reduction, staff suggested that the funding maximum of $10,000 be reduced toS7,500 per project in order to allow a greater number of projects to be funded. In addition, staff recommended that certain projects be removed from the eligibility list including roof projects and new (infill) construction, in favor of projects focused on conservation of existing buildings. The HDB had a different view and has taken the position that Conservation Grants should be reduced to a $5,000 maximum in order to retain funds for Preservation (maintenance) projects. Staff members are of the opinion that in the current economy, the focus needs to be to stimulate larger conservation projects which produce bigger spin -offs. Reducing the level of funding may make the difference between a project proceeding or remaining idle. Heritage Conservation Plan Grants Staff and Board Members agree that maintaining funding for Conservation Plans is essential to ensuring sound conservation practices over the longer term. Staff members are comfortable with the proposal by the Board to retain the funding ratio at 50% rather than reducing it to 35% as originally proposed by staff. Staff and the Board agree that the maximum grant available should be reduced to $1,000 so the funding ratio will not be particularly relevant. Heritage Maintenance Grants Staff had proposed to eliminate heritage maintenance grants of under $1,000 because these types of grant applications consume a disproportionate share of the administration of the grants program. Further, these routine improvements should occur as part of a regular maintenance program that any property owner in any part of the City would be expected to undertake, regardless of the building being in a heritage conservation area. Staff members agree with the concept of "Conservation Through Continuous Care ". Experience has shown, however, that retention of a $500 grant for small projects as proposed by the Board will not provide a sufficient incentive for property owners to proceed (or not proceed) with these projects. The intent of the grant program was not to be a construction subsidy but to act as an incentive to make it more feasible for owners to retain the character defining elements of their building. Consequently, staff continue to recommend that the reduced funds approved for 2012 are better invested in large scale projects. As previously noted, applications received to date already would commit a significant portion of the 2012 funding envelope. Beginning in 2012, grant applications have been tabled by the Heritage Board in anticipation of budget approval and revisions to the grant program guidelines. Therefore, it is recommended that the new grant guidelines be made retroactive to January 1, 2012 so that they 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 biannual 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 and more routine applications. :• 4 RECOMMENDATIONS: It is recommended that: 1. Common Council adopt the amended Heritage Grants Policy as set out in Appendix A to correspondence from the City Manager to Common Council, dated the 26th day of March, 2012, with such amendment to take effect retroactively on January l't, 2012; and 2. That the Heritage Grants Policy incorporates that following revisions to the Heritage Grants program: a. The maximum funding for preparation of a Conservation Plan by a design professional be set at $1,000 at a funding ratio of 50 %; b. The maximum Conservation Development Grant be set at $7,500 at a funding ratio of 20% for Projects that have a conservation plan in place; c. That the Heritage Maintenance Grants be eliminated. Respectfully submitted, Ken Forrest, MCIP RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager attachments 290 5 Attachment A Recommended Reforms to the Heritage Conservation Grant Guidelines 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 of: o understanding, o documenting, o planning (for proposed use) and then o 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 50% of costs up to $1000 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 on the exterior of a building (excludes contemporary roof renovations and new infill construction). 291 Policies for Approval: Grants for Heritage Conservation Program The Grants for Heritage Conservation Program 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 to match the original materials and profiles: 1) A Heritage Conservation Development Grant will only be approved if: • a Heritage Permit was approved before work started; • there are no outstanding violations and /or Building Permit warrants; • a Conservation Plan for the building has been prepared by a design professional; 2) A Heritage Conservation Development Grant will not be approved for work involving the use of contemporary or alternate materials; 3) A Heritage Conservation Development Grant will only be released if: o work is completed as indicated on the approved Heritage Permit; o work is completed in a professional manner and shows good craftsmanship and attention to detail; and 4) A Heritage Conservation Development Grant will only be released following submission of: • a request for payment; • receipts or cancelled cheques; and • 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. 292 REPORT TO C'..OMMON ICIOUNC"11L M&C- 2012 -44 March 26, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: 2012 Utility Capital Budget INTRODUCTION ■ttt� r- City of Saint John Attached is the proposed 2012 Capital Budget for the Utility Fund. This budget demonstrates the City's commitment to taking care of its infrastructure, being fiscally responsible, and positioning the City to pursue Council's priority of moving forward with Safe, Clean Drinking Water. The operations and the capital expenditures for the utility are financed exclusively from water and sewer rates. Capital investments for the utility are either financed through transfers from the Utility operating budget or are financed from borrowed funds which must be repaid through fiscal charges which are also paid from the Utility operating budget. DISCUSSION Common Council is well aware of the very significant investments that have been made by the community in Harbour Clean Up. Although the City has been fortunate to have solid support from the senior levels of government, the Utility will have to borrow more than $32 million to make Harbour Clean Up a reality and this must be repaid over the next 20 years. The City's investment in Harbour Clean Up does practically limit the amount of additional work that can be undertaken going forward. Council is well aware that the costs associated with Harbour Clean Up have impacted the rate structure. Council's priority to now advance the Safe, Clean, Drinking Water Initiative can only be undertaken with new borrowings which will result in further pressure on utility rates to finance the new debt that would be required. 293 0) The 2012 Utility Capital Budget was prepared with consideration of the following realities: • The overall investment in capital infrastructure must be limited to an amount which is within the fiscal capacity of the utility without significantly impacting the rate structure in future years; • The investments required to complete Harbour Clean Up must proceed and are the priority of this budget; • The Utility must be positioned to proceed with Safe, Clean Drinking Water when investments from the senior levels of government fall into place; and • The Utility must continue to make strategic investments in infrastructure renewal to properly maintain the community's investments in water and sanitary sewer services. The City's position with respect to the operation of the utility is the same as the reality the City faces with the infrastructure paid for from the General Fund. The community's needs are great and exceed the municipality's fiscal capacity. Municipal governments across the country lack the financial resources they need to keep up with deteriorating and inadequate infrastructure. The public health risks associated with the infrastructure deficit are real and the lack of appropriate funding to renew infrastructure can also have very real economic impacts over time as this basic infrastructure is vitally important to the development of prosperous urban areas. The proposed budget for the 2012 Utility Capital Fund limits new expenditures to $19,475,635 which includes contributions of $900,000 from others for a total Utility investment of $18,557,635. There is a very significant list of previously approved projects which will also be undertaken in 2012 totalling $40,312,000 (net). This brings the total planned investment in utility capital to nearly $60 million in 2012. This budget makes strategic investments in our water and sanitary sewer infrastructure to ensure that residents and businesses in Saint John benefit from high quality municipal infrastructure. Throughout the balance of this report, reference will be made to all of the projects being funded in 2012 in addition to the carry forward projects that are intended to be completed or further advanced in 2012. The Proposed 2012 Utility Capital Fund Budget The 2012 Utility Capital Budget has been prepared in full recognition of the enormous effort invested into the City's new municipal plan, P1anSJ and the future direction for Saint John clearly articulated in the Plan. The successful implementation of P1anSJ and the prosperity and satisfaction of our citizens demands that the City's capital investments advance our long -term vision for Saint John. The City's water and sewer infrastructure is critical to the community's future success. The listing of projects recommended for funding in 294 K] the 2012 Utility Capital Fund Budget is attached as Appendix A and the carry forward projects are detailed in Appendix B. Wastewater Treatment Harbour Clean Up is in the final stages of completion and investments in this project constitute the single largest group of investments that will be made as part of the 2012 Utility Capital Budget. There are a large number of carry forward projects with a total cost of $30,076,000 (net) that will be completed in 2012. A number of the lift stations required to support Harbour Clean Up will be finished and a number of "holdback" payments related to the Eastern Wastewater Treatment Facility will be made when appropriate. In terms of investments that are new for 2012, the City plans new investments of $6,503,500 in Harbour Clean Up. Lift stations required in the Dominion Park, Allison Grounds, Highland Road, and Mill Street areas will be constructed. Including the carry forward and the new 2012 projects, almost $37 million will be invested in wastewater treatment in Saint John this year resulting in substantial completion of one of the largest infrastructure and public health projects ever undertaken in the City. Infrastructure Renewal - Sani The ongoing renewal of the City's sanitary sewer infrastructure is critical to support Harbour Clean Up and to support the City's growth and development. The 2012 Utility Capital Budget proposes construction totaling $2,365,000 to maintain this infrastructure including projects in all parts of the City. investments will be made in Milford, near Bayside Drive, and at Marsh Creek in addition to other projects in 2012. There are a number of carry forward projects in the sanitary infrastructure renewal category as well. A further $4,325,000 of work will be completed including projects on Station Street, University Avenue, and Beach Crescent. All combined, total investment in sanitary sewer infrastructure renewal will total about $6.7 million in 2012 including the carry forward projects. Infrastructure Renewal - Water The 2012 Utility Capital Budget also advances important water system renewal projects. A total investment of over $4,000,000 in utility funds combined with $900,000 in other funding will result in almost $5,000,000 in new work in 2012. The single largest project will renew water mains beneath Loch Lomond Road in the vicinity of the One Mile Interchange project. An important repair to the Musquash Pump Station will also be completed. Investments in water meter 295 4 renewals will provide more accurate measurement of water consumption to ensure that the utility receives the appropriate amount of revenue and these efforts will also assist in water conservation as well. A further $900,000 will be invested in water main cleaning and lining to improve water pressure, quality, and fire flows in many locations around the City. In addition to new projects for 2012, there is slightly more than $2 million in carry forward projects that will be completed this year. Work on the Spruce Lake Treatment Plant, the Champlain Heights Pumping Station, and further improvements in the Harbourview Subdivision will be completed. Overall, about $7 million is proposed to be invested in the renewal of our community's water infrastructure. Watershed Protection Our community is fortunate to have access to very large volumes of clean water from the Spruce Lake and Loch Lomond watersheds. The City has been proactive in making investments in these watershed areas to protect the water resource for the benefit of residents and businesses in Saint John. A total investment of $600,000 is planned in 2012 including further land acquisition in the Loch Lomond watershed, structure work in both watersheds, and the construction of new facilities to further protect the watersheds. Safe, Clean Drinking Water Safe, Clean, Drinking Water is the community's most significant new infrastructure priority. Common Council has clearly expressed the importance of this project to the community and the City is working with the senior levels of government to find a suitable funding relationship to allow the project to proceed. At this point in time, the City is continuing to examine whether the project should move forward as a public /private partnership or whether the work will happen using a more traditional model. Regardless of who completes the required work and operates the system, the cost of the project is substantial. The costs become even more significant for the community when it is recognized that the City's share of the cost of Harbour Clean Up is still being financed and must be repaid by the Utility over the next 20 years. Safe, Clean, Drinking Water is undoubtedly a community priority but prior to moving forward with this project, it is critical to fully examine the impact that this project will have on the financial position of the Utility and on the rates that will be charged to the Utility's customers over the long term. As a result, this Capital Budget proposes that a funding envelope of slightly more than $5 million be established for Safe, Clean Drinking Water but that all but $495,000 of the funding envelope remain unallocated. Design work to support Safe, Clean Drinking water is recommended to proceed at this time at the Robertson Lake 296 5 Dam, the Airport Tunnels, and Latimer Lake intakes. Prior to spending funds from the unallocated portion of the envelope, it is recommended that Common Council receive the affordability analysis that it requested from the Commissioner of Finance on the impact of Safe, Clean Drinking Water on utility rates going forward. The Connection to P1anSJ The City's new municipal plan was an important input into the preparation of the 2012 budget for the Utility Fund. Section 9.1 of the Plan sets out the community's goals for the provision of municipal services and infrastructure and Policy MS -1 states that the first priority of the community is to maintain and upgrade existing service systems. This Capital Budget emphasizes improvements to the existing system and does not involve the further extension of utility infrastructure. The investments proposed are consistent with the Plan's goal of improving infrastructure to meet the needs of the residents and businesses in the community in support of Saint John's economic prosperity and protecting our natural environment. The investment decisions recommended in this budget are therefore consistent with the City's development objectives. INPUT FROM OTHER SOURCES The 2012 Utility Capital Budget was prepared in a team environment with the full involvement of staff of Municipal Operations and Engineering (Saint John Water), the Finance Department, and the Planning and Development Department in consultation with the City Manager. CONCLUSIONS The proposed 2012 Utility Capital Fund Budget makes the investments necessary to achieve substantial completion of Harbour Clean Up, a major accomplishment for the community that should be celebrated. The budget also advances strategic investments in our watershed and in the renewal of our water and wastewater infrastructure. Consistent with Common Council's established priority with respect to Safe, Clean Drinking Water: a major investment in this project is contemplated pending the completion of the affordability analysis requested by Council and the preparation of the P -3 business case. The funds are unallocated for this project at this time pending the outcome of investigations underway with respect to the desirability of undertaking the project as a public- private partnership. Consistent with the challenges facing Saint John with capital projects that are funded from the General Fund, there is simply not enough money to undertake all of the projects required to properly take care of the community's significant 297 M investment in water and sewer systems. Without these systems, healthy living in urban communities would be impossible and we would not have the opportunities required to ensure our collective economic prosperity. Senior levels of government have a responsibility to provide the fiscal capacity that cities require to properly take care of our urban water and sewer infrastructure. In the short term, a significant commitment will be required from the Government of Canada and the Government of New Brunswick to advance Safe, Clean Drinking Water but a long term funding model that provides the money required to permanently address the infrastructure deficit remains a fundamental requirement. RECOMMENDATION: 1. That Common Council, Approve the 2012 Capital Budget for the Utility Fund in the amount of $19,457,635 (gross) with contributions from other sources of $900,000 yielding a capital budget in the amount of $18,557,635 (net) as set out in Appendix "A ". 2. That the City of Saint John and Saint John Water make no expenditures from the envelope identified for Safe, Clean Drinking Water with the exception of Project 1 -1 Robertson Lake Dam Design, Project 1 -3 Transmission Tunnels at Airport and Robertson Lake Dam and Project 2 -1 Latimer Lake Intakes and Dam Upgrades until: a) Common Council receive and appropriately consider the affordability analysis respecting Safe, Clean Drinking Water and utility rates going forward; and b) That Common Council approves a program of spending for the Safe, Clean Drinking Water envelope that is consistent with the results of the affordability analysis and advances the project in a manner consistent with the model for design, construction, and operation of the system that Council wishes to pursue. Respectfully submitted, Ken Forrest, MCIP RPP Commissioner of Planning and Development J. 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Q 7 n f \ 7 \ 2 7 \ 2 0 0 0 � � 0 # � 7 � § � § / B Q / � � .� � H 3v / k It RM 7 / k q in 2 w N o w 2 g � 3 7 g 00 « \ L X w w o 0 0 0 0 4 2 § § K L 'I k . tm N N � .E ■ ■ ■ 2 ■ § § CL / / { § § d CL ■ Cd d � C � 2 \ k 0 313 REPORT TO COMMON COUNCIL M &C2012 -59 March 21, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: 7I The City of Saint john SUBJECT: Contract 2011 -28: Lower Cove Loop — Sanitary Lift Station No. 9 & Force Main 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 Lower Cove Loop — Sanitary Lift Station No. 9 & Force Main. BACKGROUND 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. Chesley Drive Lift Station #I OA is scheduled to be completed by November, 2012. TENDER RESULTS Tenders closed on March 14, 2012, for the Lower Cove Loop — Sanitary Lift Station No.9 & Force Main project with the following results: 1. Castle Rock Construction Services Inc., Saint John, NB $2,124,400.00 2. Fairville Construction Ltd., Saint John, NB $2,697,668.78 3. Gulf Operators Ltd., Saint John, NB $2,846,149.08 4. Galbraith Construction Ltd., Saint John, NB $2,970,908.43 The Engineer's estimate for the work was $3,470,483.12 314 M &C2012 -59 March 21, 2012 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects with the exception of the tender submitted by Gulf Operators Ltd. which contained a mathematical error. The error was corrected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, section 2.11(s)(i) and the corrected amount is reported herein. 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 $2,735,693.00 was provided in the budget to complete the construction of Lift Station No. 9 and force main. The projected completion cost of this Contract is estimated to be $2,192,650.01 including the City's eligible H.S.T. rebate, a $543,042.99 positive difference. To date, the cumulative amount committed through award of Harbour Clean -Up Program projects is $87,608,166.78 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 -28: Lower Cove Loop — Sanitary Lift Station No.9 & Force Main be awarded to the low tenderer, Castle Rock Construction Services Inc., at the tendered price of $2,124,400.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, William Edwards, P. Eng. Commissioner Transportation & Environment Services 315 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL OPEN SESSION M &C2012 -61 March 22, 2012 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: City of Saint John Amendment to Saint John Plumbing By -law — Fee adjustments and By -law Housekeeping BACKGROUND During budget deliberations, departments were directed to review fees to consider all potential fee increases to revenue accounts. As directed, staff of Buildings and Inspection Services has reviewed permit fees pursuant to the Saint John Plumbing By -law. ANALYSIS Permit Fees Plumbing By -law permit fees have remained unchanged since 2004 and are among the lowest (if not the lowest) in the Province. Plumbing permit fees are typically calculated by a base fee plus a fee for each fixture to be installed. The current rate for one and two family residential units is $25 plus $16 per fixture; the rate for all other building types (commercial, industrial, greater than 2 residential units, etc.) is $50 plus $16 per fixture. The Provincial plumbing permit fee for most installations is $50 base fee plus $20 per fixture. The City of Moncton and the City of Fredericton charges the same as the Provincial rate. The base fee for all building types is recommended to be increased to $65 to more accurately reflect current administrative costs to process plumbing permit 316 M &C2012 — 61 - 2 - March 22, 2012 applications. The fixture rate is recommended to be consistent with the Provincial rate of $20 per fixture. It is estimated that these proposed fee increases will generate approximately $30,000 annually in new revenue. Housekeeping The current By -law includes a number of sections that are no longer valid given the enabling legislation and are in fact no longer in practice. For instance, Common Council used to, through a Board of Examiners, license master plumbers and apprentices (sections 3 and 4). No person was permitted to engage in plumbing work unless they first obtained a license issued by Common Council (sections 5 and 6). These practices have not been in existence since 1996, when the authority to license master plumbers was removed by the Province of New Brunswick, thereby making sections 3 to 6 of the Saint John Plumbing By -law invalid. A report concurrently submitted by the City Solicitor's Office explains the validity of the Saint John Plumbing By -law in greater detail. In addition to removing invalid sections of the by -law, there are a number of other recommended housekeeping amendments to be consistent with current practice, including: Authorizing additional persons (by position) to issue plumbing permits (section 4(3)); More clearly specifying what information is to be submitted with a permit application (section 5(2)); Specifying how long a permit is valid for once issued (section 6); Clearly stating that a plumbing permit is not to be issued unless a building permit application has been made, where necessary (section 8); and Specifying under what conditions a permit may be revoked (section 9). These amendments, if approved, will result in more efficient processing of permits, and more effective enforcement of the by -law. 317 M &C2012 — 61 - 3 - March 22, 2012 INPUT FROM OTHER SOURCES The City Solicitor prepared a revised Plumbing By -law which reflects the changes outlined in this report and is submitting a report to Common Council concurrently in this respect. RECOMMENDATION Your City Manager recommends that Common Council enact a revised Plumbing By -law which increases the plumbing permit fees and addresses the housekeeping items outlined in this M &C 2012 -61. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager 318 M &C- 2012 -63 March 22, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: M n, City of Saint John SUBJECT: Proposed Mini Home on Undeveloped Section of Paisley Street 1287 Red Head Road BACKGROUND: On January 5, 2004, Mr. Stephen Byers applied for a building permit to construct a one - family dwelling, consisting of a mini home, to be placed on a permanent foundation, at the above -noted site (1287 Red Head Road). The location of the site is illustrated on the attached map. At the time, Mr. Byers owned and lived in a house on the adjacent property (1285 Red Head Road). Mr. Byers was advised that the permit could not be approved because satisfactory arrangements had not been made for the supply of the necessary street access and services in this subdivision. The matter was considered by Common Council at their meeting of March 8, 2004 pursuant to Section 40 of the Zoning By -Law, which provides as follows: No building may be erected in the City in respect of which, in the opinion of the Council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, streets or other services offacilities. At the meeting of March 8, 2004 Council decided not to permit the development of the above noted lot as there were significant deficiencies with the access to the property and site services. However, on April 5, 2004, Council did approve the temporary placement of a mini home on the property for a one year period pursuant to the Mobile Home Parks By -law. 319 M &C- 2011 -63 -2- In 2006, Mr. Byers and family relocated outside of the ProN ince and sold the site of the mini home to his daughter, Debora Gallant. Common Council granted an additional one -year temporary approval at its meeting of May 23, 2006 and Mr. Byers's niece inhabited the mini home while the family was out of province. The mini home has since been removed from the property. Aerial photos from 2006 and 2010 showing the subject site are attached to the report. Mr. Byers's own residence on the adjacent property at 1285 Red Head Road was sold in a mortgage sale in April of 2006. In February of 2011, Ms. Gallant reapplied to place a mini home on the property on a permanent basis, necessitating consideration by Common Council pursuant to Section 40 of the Zoning By -law. At its meeting of March 14, 2011, Common Council denied the request based on the same considerations as were cited in Council's denial of the request back in March of 2004. Mr. Byers has now submitted the attached letter, dated March 13, 2012, once again requesting reconsideration of the proposal to allow the mini home as a permanent dwelling on the site, with no accompanying upgrading of the street. ANALYSIS: The Paisley Street subdivision was approved in 1979 as Phase 3 of Woodlawn Park. The developer went out of business shortly afterward. As this was prior to the time when the City required developers to provide a letter of credit or other security to guarantee the completion of all street work and services, the subdivision remains unfinished. Today most of the lots in the unfinished development are owned by a single company (not the original developer). The subject site actually consists of two of the subdivision lots, each having dimensions of 18.3 metres by 37.7 metres (60 feet by 123 feet), for a total area of approximately 1380 square metres (14,850 square feet). The properties to the west of the site along Paisley Street were accessed by means of a "reserved road" that was part of an earlier unserviced development, known as the Gene D. Wong Subdivision (approved in 1958). The access consists of a shared gravel driveway located within the right -of -way. This land has not been developed as a street, but the City plow does go in as far as the property to the west along Paisley Street (the applicant's former residence at civic 1285 Red Head Road) and then backs out to Red Head Road. The applicant has had discussions with both Engineering and Planning dating back to at least 1992 and the requirement to develop the street has been known to them since at least that date. The applicant is proposing to place a dwelling, consisting of a mini home on a permanent foundation, on the gravel pad where a mini home was previously 320 March 22, 2012 M &C- 2011 -63 -3- located with a temporary approval under the Mobile Home Parks By -law. This area is beyond the driveway for the existing dwellings closer to Red Head Road, although the driveway was extended by the applicant in conjunction with the earlier temporary approval. The dwelling would have access to the municipal sewer along the Paisley Street right -of -way and electrical and telephone services were previously extended to the site. Potable water would be obtained from a private well and vehicular access would be from the extension to the gravel driveway that was previously constructed. As was the case previously, the applicant does not propose to make any improvements to Paisley Street. Existing City Policy The subject site lies just outside of the edge of the Primary Development Area and is designated Rural Residential by the Municipal Plan. The designation of the site under the previous Municipal Plan was Low Density Residential. The site is currently zoned "R -1B" One Family Residential, which permits a one- family dwelling'. As noted in the Background section of this report, however, Section 40 of the Zoning By -law states that: No building may be erected in the City in respect of which, in the opinion of Council, satisfactory arrangements have not been made for the supply of electrical power, water, sewerage, streets, or other services or facilities. 2. Input from Other Sources Municipal Operations and Engineering advises that the street and servicing situation has not changed since the time of the previous request in 2011. At that time, the department indicated that this is an undeveloped section of street right - of -way and the street and services must be upgraded to City standard for development to occur. A sanitary sewer main is available on Paisley Street for connection although municipal water and storm sewer are not available. It was also noted that other lots exist adjacent to this undeveloped right -of -way and approval of this request may lead to further requests for development. If the development is approved, detailed site and drainage plans will be required by Municipal Operations and Engineering for review and approval as part of the Building Permit process. 1 A mini home with a minimum width of 4.8 metres (15.7 feet) and a minimum ground floor area of 89 square metres (958 square feet) is considered to be a one - family dwelling, provided that it is attached to a permanent foundation and complies with all Building Code requirements for a one- family dwelling. 321 March 22, 2012 M &C- 2011 -63 -4- Building and Inspection Services has also advised that its comments are unchanged from previously. The development will be required to meet the same standards applicable to other mobile or mini homes regarding foundations, anchorage, etc. The Fire Department previously advised that they had no objection to the proposal, provided that the development adheres to all pertinent sections of the National Building Code and National Fire Code. 3. Financial Implications As suggested by Municipal Operations and Engineering, the most significant concern with this proposal is the potential for further requests for building permits for the other lots on this undeveloped street, some of which are closer to Red Head Road than the subject site. Other developers are required to complete the installation of streets and services in conjunction with their subdivision developments, and this situation should be no different. At the very least, the applicant should provide a minimum "country road standard" paved access and temporary turnaround; however only the use of the existing driveway is being proposed. This, in turn, will make it more difficult for the remaining lots further along Paisley Street to be serviced properly in the future, as the developer would have to build a longer section of the street including the area in front of the applicant's lots. As noted by Municipal Operations and Engineering, the road and services should be extended as development occurs. There are many existing lots in the City that do not have developed access or services. It is the policy of the City to not issue building permits for these lots unless the street and services are upgraded. This situation has not changed and the applicant has not provided any new information that would result in a change in staff's recommendation. RECOMMENDATION: It is recommended that Common Council not approve the development of the proposed dwelling on PID # 55009716 and 55009724, Paisley Street, as satisfactory arrangements have not been made for street access and other services. Respectfully submitted, W_v —,%� Ken Forrest, MCIP, RPP Commissioner Planning and Development MR/r 322 J. Patrick Woods, CGA City Manager March 22, 2012 M & C-2011-63 - 5 - March 22, 2012 VP �- � q Ir n o s �Ny' G P P" n � p `�• t s v ° a4 rt e a rwmd .�• O -A�1�r� • At 2006 aerial photo of site and surrounding area showing dwelling ^—�`— t + fr `y ve C Sh ra 4 a" 2010 aerial photo of site and surrounding area showing gravel pad 323 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT jsour Avon ,• ;,� � B-1 '- \/ .. n ,.r Y' RS _ r Subject Site /site en question: 55009716 55009724 Location: 1287, chemin Red Head Road Date: March 22 mars 2012 Scale /echelle: Not to scale /Pas a 1'echelle 324 March 13, 2012 Ken Forrest Commissioner of Planning P.O. Box 1971 Saint John, NB E21-41-1 Dear Mr. Forrest, I am petitioning the Planning Department for permission to have a mini home relocated on the pad located at 1287 Red Head Road. A number of years ago, i had received permission to temporarily locate a mini home on this site for compassionate grounds. I moved to Alberta to be closer to our grand children. i have since retired and would like to spend my retirement in the City of Saint John. The city sewer line and power lines are already in place. There is a catch basin located at the front of the property. I have received a letter from E.R. Steeves Ltd stating, "Given the fact that the proposed residence would be attached to the city sewer.... E.R. Steeves Ltd see no reason why a water well cannot be constructed on this property." I understand the road may require upgrades to meet the municipal standard, however, , have no requests for any improvements nor will I require any such upgrade to meet my needs. I have contacted my neighbours and they have no objection to my mini home being placed on the pad. Thank you for reviewing my request. Sincerely yours, Steven Byers 325 326 IRRIEPORT TO COMMON COUNCIL M &C 2012 -57 March 20, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Bally Desmond Subdivision -- Phase 3 (2797 Loch Lomond Road) A.J. Mallette & Sons (1955) Ltd. — Developer Connection of Mattro Street from Meredith Avenue to Jadvo Street At the March 12, 2012 meeting of Council, correspondence was received from the developer of the Bally Desmond Subdivision respecting the City's requirement that Mattro Street be constructed to connect Meredith Avenue to Jadvo Street as part of a subdivision development. This connector street is required to satisfy the requirements of the City of Saint John Subdivision Bylaw. The correspondence was referred to the City Manager for a report. DISCUSSION A.J. Mallette and Sons has received City approval of a tentative plan of subdivision to develop a 69 lot phase of a rural residential subdivision (the Project). Council previously granted all of the required approvals and variances for the Project with the clear requirement that Mattro Street be extended such that it connect the proposed development to the adjacent residential development. The condition imposed by Common Council to create this street connection is consistent with Section 7(4) of the Subdivision Bylaw which states that "one or more streets in a subdivision are to connect to streets in an adjoining subdivision or provide access to adjoining unsubdivided land." The developer has had a number of concerns with the conditions of Council's subdivision approval. There was another public street connection that was initially required to connect Meredith Avenue to Jadvo Street but the requirement for this link to be constructed was waived by Common Council at the recommendation of staff. It should be noted that the City's decision to waive this requirement saved the developer a significant amount of money, an amount that exceeds the cost of this other street connection that is now being questioned. The Mattro Street connection is absolutely required, however, for the proposed development to proceed in accordance with the Subdivision Bylaw. 327 1 Bally Desmond Subdivision — Phase 3 (2797 Loch Lomond Road) Page: 2 A.J. Mallette &Sons (1985) Ltd. March 20, 2012 The main issue for the developer would appear to be the consequence of Council's subdivision approval which would require him to absorb an off -site cost to construct a portion of the street from his property line westward to connect to Jadvo Street. The developer of the adjoining property did not construct the street to his property line because at the time he developed his subdivision, it was not the practice of the City of Saint John to require developers to stub all infrastructure to the property line. This is no longer the case and the City now requires this work to be completed. This is an unfortunate consequence of the City's past practice. The City historically was not keen to increase development costs for those creating new subdivisions and was exceedingly accommodating in permitting developers to hold infrastructure just short of adjacent property lines. Allowing these small portions of road to be left unconstructed creates this type of difficult situation where there is a development cost that must be absorbed by someone so that two separate developments can be interconnected. There are essentially three options available in this situation. The City could choose to either: (1) not require that Mattro Street be connected to link Meredith Avenue and Jadvo Street leaving the two subdivisions physically disconnected; (2) require that Mattro Street be fully constructed to link the two developments at the developer's cost; or (3) require that Mattro Street be fully constructed to link the two developments with some City cost - sharing. PlanSJ, the City's new Municipal Plan strongly discourages rural residential development outside of the three established rural settlement areas and the Plan strongly discourages public capital investment in these developments. There is therefore no policy support for the City to cost -share in the construction of the Mattro Street connection. Further, Common Council is very well aware of the significant financial challenges facing the City of Saint John. The financial resources available in the 2012 General Capital Fund Budget were so limited that the City was not able to provide funding for any new development incentive programs to support the implementation of P1anSJ. Furthermore, Common Council did adopt a resolution stating that "that the overall funding envelope for the 2012 Capital Budget for the General Fund be fixed and there shall be no new projects added to the 2012 capital program without finding the required funding from the fixed envelope." As a result, Common Council cannot consider providing financial assistance to this project without reallocating funding from within the approved Capital Budget. FINANCIAL IMPLICATIONS The developer has provided cost estimates for the construction of that portion of Mattro Street that is off site and for which a request has been received for City financial assistance. An estimated cost of $65,978.50 + HST (attached) has been submitted that includes professional services (survey, design, inspection and as- builts) and site preparation (clearing, grubbing, ditching, shouldering, road base — granular material and asphalt, cross culvert). The City's Subdivision Bylaw provides that all costs incurred to facilitate a development proposal, including any required off -site costs, are the responsibility of the developer. There is no requirement for the City to provide financial assistance and in fact it is quite common for developers to have to absorb off -site costs to bring a new development online. In the subject case, the total off site cost of approximately $75,000 (HST 328 Bally Desmond Subdivision — Phase 3 (2797 Loch Lomond Road) Page: 3 A.J. Mallette &Sons (1985) Ltd. March 20, 2012 inclusive) represents an additional development cost of approximately $728 per lot in the proposed subdivision (103 lots total) and $1,087 per lot in this specific phase of the development (Phase 3 is a 69 lot phase). It is staff's understanding that lots in the development are for sale for approximately $40,000 per lot so the incremental impact of the off -site cost in question represents less than 3% of the lot purchase price. If Common Council is of the view that this cost should be absorbed by the developer, it would be staff's recommendation that the City undertake to establish a levy to recover this cost (over time) from the future development that benefits from the street frontage constructed. In this way, the developer would upfront the development cost but would have the opportunity to recover his investment over time. The requirement for a developer to absorb off -site development costs is common as new development takes place that must connect to older or pre - existing infrastructure. The current situation is not substantially different than situations experienced by developers in other parts of the City. The scale and scope of this particular off -site investment is, in staff's view, minor in nature and should normally be easily absorbed into the overall development cost for the project. Given that this is a relatively minor expenditure, the cost can be spread over a large number of proposed lots, the funds expended by the developer to make the street connection can be recovered over time through the City imposition of a levy, and the guidance provided by P1anSJ; staff recommend that the City not share in the cost of the construction of Mattro Street from the developer's property line westward connecting to Jadvo Street. However, if Common Council is of the view that some cost sharing is warranted, staff do not believe that the City should agree to pay 100% of the cost of this street construction. At the very most, the City should consider funding the granular base for the road, asphalt base course, the asphalt surface course and the 525 mm diameter concrete culvert that must be constructed beneath this portion of street excluding all other costs. Staff would recommend that responsibility for all design, construction, and project management be the responsibility of the developer. Further, it is recommended that the City agree to pay for the infrastructure identified above only on the provision of acceptable proof of payment for this work based on detailed invoicing and the City pay only the invoiced and developer -paid cost to a maximum upset value of $32,000 inclusive of any taxes. Should Council choose to provide financial assistance to the developer as identified, it would be appropriate for this payment to come from the $100,000 identified in the 2012 General Capital Fund Budget for Development Incentives, acknowledging that this money will then be unavailable to meet the City's obligations under the recently cancelled development incentive programs. RECOMMENDATION It is recommended that Common Council adopt the following resolution: That the City of Saint John not accept any financial responsibility for the construction of Mattro Street from the A.J. Mallette & Sons (1985) Ltd. property line westward to connect to Jadvo Street as illustrated on the attached sketch; And Further, that the City Solicitor be directed to prepare an appropriate resolution for the consideration of Common Council to establish a system of levies against those owners of property that have frontage on that section of Mattro Street from the A.J. 329 Bally Desmond Subdivision — Phase 3 (2797 Loch Lomond Road) Page: 4 A.J. Mallette &Sons (1985) Ltd. March 20, 2012 Mallette & Sons (1985) Ltd. property line westward to Jadvo Street and develop or improve those properties to recover the cost of the street construction such that the proceeds of the levy can be forwarded to A.J. Mallette & Sons (1985) Ltd. Respectfully submitted, Oe Ken Forrest, MCIP, RPP Commissioner, Growth and Development J. Patrick Woods, CGA City Manager 330 � rte`• �'' ' --,... ' ~, _�, �� - - - t/ TEL % �A3 A k��'� �9 �i 4 �`..•.'+ �... pi's -? J S fit Al Ai .; � s 1 �r�' 1.��,:.,,' _ y:..�y �,a�i -. ,.r•,+ ` %I�p/'�: ��i� i • ... � �••, r „"..�.',� '�' .._- r _ � �•i�" •.r ° � �'[�a' ��G l • +; � �•• -.... ti's'' o �' 1� �.�_., , y�N. iP ,+ - _ ++ }• P �i t � ¢{e � r sR$,.. q . Y1I t r • '•e.. �4 -gl' �",r _ "S'-_ Y t. y� yAr /, r 'r sr +ti, �•.•. \`. S r. it t ,... �t0� � r lE , l .j. •••,' J •.•! '.11.. "•,, '4.. _ ;11.4 .� "Ploy ��'•r At WWI rr j; >� •,/ y_. •Y�` -��•,, � t ''ri"�� `f�` '�"f'�,-�,�;,, -�. Y ?rdgf�-Aven��,. _ ~•:fir. � '•J� s�•���.�.. ' • +� / .--,- ! •:.6"� 70'. � � ,�j'f F.�,��• s -.�� °�• �'..,� -�1. _, — +�- .'.`�...° � _'411° ,i�sy Iw1p 19 Q+..y�,h i •,.. Jl At Is t' /•1 �"� . et eta _ ',°°.;• PT -' .,�'r :. e'�, �i .^t:,�.. -"""`.: } r ` "'�- 4 - to ' . 'i - -ffGG" r --��"` • a \ � ! . r ..L �� - +,�.�.3�- ::}�t' r t .,—", I -�-.y... 's:' -- •.. - k,.` r r` L._ z��s. 331 City Hali 15 Market Square March 20, 2012 Deputy Mayor and Councillors P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Subject: Recommended Appointments to Committees The Committee of the Whole having met on February 27, 2012, made the following recommendation as appointments to committees: City of Saint John Saint John Board of Police Commissioners: to appoint Karen Keiller for a four year term from May 25, 2012 to May 25, 2016 replacing David Emerson. Sincerely, J-4--r� Ivan Court Mayor 332 Planning Advisory Committee March 21, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Cedar Point Anchorage Subdivision, Phase 8 554 Woodward Avenue (Project File) c City of Saint John The Planning Advisory Committee considered the attached report at its March 20, 2012 meeting. The applicant, Ladds Batten, appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting regarding this matter, but there were two letters received from area residents (see attachments). After some discussion with regards to storm water drainage, sidewalks and a secondary street access, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested variance to allow for a future four way intersection and approved the proposed street names. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Cedar Point Anchorage Subdivision, Phase 8 tentative plan, as well as to any necessary municipal services and/or public utility easements, but with the following further modification and assent: ■ That as part of the initial phase that a Future Street right of way with a width of 23.1 metres is shown on the final subdivision plan between the existing Future Street parcel abutting Cedarwood Drive (PID No. 55157549) and the existing 20 metre wide parcel (PID No. 55199756) to the north. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and that such work and facilities include the construction of Spinnaker Drive to IM 333 -2- Cedarwood Drive through the existing Future Street (PID No. 55157549), as well as to any necessary improvements to the existing water, sanitary sewer or storm sewer systems in order to accommodate this proposed subdivision development. Respectfully submitted, Eric Falkjar Chairman Attachments MO Project No. 12-062 334 44 F1 tiff -,� � � �. - � L� S /' u - tfl. I I 6QL\ ,34 - t e:" -A -N /� N March 13, 2012 Dear Mark O'Hearn: Subject: Anchorage Estates Development Our residence is located on the corner of Cedarwood Drive and Admiralty Drive which collects the majority of water from Cedarwood Drive. Currently there is no culvert that runs across either street to direct excess water towards the river and therefore collects along the perimeter of our property. Properties along Cedarwood Drive who have also filled their ditches do not collect their share of the water which causes a burden on our property. In the fall of 2010, The City of Saint John Municipal Operations and Engineering surveyed the ditch and graded the area which took extensive work and materials. City Engineer, John McLaughlin advised us according to developer plans the water is to be directed towards the back of the area to a natural brook. However, the current service road blocks the natural water way and therefore water accumulates at the back of our property. This poses serious safety concerns due to the large amount of standing water and mosquitoes but also due to the depth of the water and ditches for many small children in the neighborhood. The lack of proper drainage also poses severe property damage as water levels in the ditch could reach our drainage pipe. As this new phase begins, we would like the developers and City to work together to ensure that the proper drainage system and culvert is placed under Admiralty Drive to reach the natural brook to alleviate the excess water from Cedarwood Drive as per plans and discussion with John McLaughlin. In our opinion if the proper care and due diligence is done by the developers additional and unnecessary resources will not have to be spent by the City or the homeowner on the matter in the future. Respectfully Submitted, Scott & Pamela Van Wart 120 Cedarwood Drive Saint John, New Brunswick 336 i r The city ofswajohn DATE: MARCH 16, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 20, 2012 PREPARED BY: REVIEWED BY: i) ninALgQ Mark O'Hearn Ken Forrest, MCIP, RPP Planning Officer Commissioner SUBJECT: Name of Applicant: 512531 NB Ltd. Name of Owner: 512531 NB Ltd. and City of Saint John (existing Future Street) Location: 554 Woodward Avenue (Project File) PID: 55180558,55156954 & 55157549 Municipal Plan: Stable Residential Zoning: "RSS" One Family Serviced Suburban Residential Proposal: To undertake a further phase of the Cedar Point Anchorage Subdivision involving 37 serviced residential lots along public streets. Type of Application: Subdivision and Variance that would allow a four way intersection within a new residential subdivision when only T- intersections are permitted. SAINT JOHN P.©. Box 1971 Saint John, NB Canada E2L 40 I a vtivw.saintphn.r_a 1 C.P. 1971 Saint John, K -B. Canada E21_ 4L1 337 Cedar Point Anchorage Subdivision, Phase 8 Page 2 554 Woodward Avenue (Project File) March 16, 2012 JURISDICTION OF CONUATTTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets and public easements, as well as the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By -law. The Committee can impose conditions. The Subdivision By -law authorizes Committee to approve the names of new streets. STAFF RECaMMENDATION TO CONUywxiTTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Cedar Point Anchorage Subdivision, Phase 8 tentative plan, as well as to any necessary municipal services and/or public utility easements, but with the following further modification and assent: ■ That as part of the initial phase that a Future Street right of way with a width of 23.1 metres is shown on the final subdivision plan between the existing Future Street parcel abutting Cedarwood Drive (PID No. 55157549) and the existing 20 metre wide parcel (PID No. 55199756) to the north. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and that such work and facilities include the construction of Spinnaker Drive to Cedarwood Drive through the existing Future Street (PID No. 55157549), as well as to any necessary improvements to the existing water, sanitary sewer or storm sewer systems in order to accommodate this proposed subdivision development. That the Planning Advisory Committee grant a variance to the requirements of the Subdivision By -law that would allow a four way intersection between Commodore Drive and Spinnaker Drive when only T- intersections are permitted in residential subdivisions. 4. That the Planning Advisory Committee approve the new street names Commodore Drive and Spinnaker Drive. BACKGROUND: On December 4, 2006 Common Council rezoned the majority of the area from "RS -2" One and Two Family Suburban Residential to "RSS" One Family Serviced Suburban Residential. The Planning Advisory Committee had recommended approval of this rezoning at its meeting on November 14, 2006. 338 Cedar Point Anchorage Subdivision, Phase 8 Page 3 554 Woodward Avenue (Project File) March 16, 2012 On May 1, 2007 the Committee considered a subdivision application by the developer involving the creation of 166 serviced residential lots (see attachments). While planning staff recommended approval of this application, Municipal Operations and Engineering had expressed concern for such a large subdivision with only a single street access (i.e., Cedarwood Drive). The Committee resolved to recommend assent of a maximum of only 51 lots to Common Council. In addition, the Committee resolved that: (a) The developer had to endeavour to negotiate with the Province of New Brunswick for a temporary access road for construction vehicles for the recommended 51 lot subdivision; and (b) A permanent secondary access had to be provided before any further expansion of the subdivision would be considered beyond the recommended 51 lots. On May 7, 2007 Common Council assented to a subdivision of a maximum of 51 lots, and authorized the necessary City/Developer Subdivision Agreement(s), including any necessary financial contribution for improvements to the existing pumping station and force main upgrades. The developer proceeded with the construction of Anchorage Avenue and the creation of 42 serviced residential lots along this street. Under the May 7, 2007 Council assent the developer is still permitted to create nine further lots along Anchorage Avenue. The Province of New Brunswick later decided not to convey any further lands to the developer. Instead, in 2009 the Province conveyed the remaining 23.6 hectares of undeveloped land (PID No. 55198436) immediately adjacent to the Cedar Point Anchorage Subdivision to the Nature Trust of New Brunswick Inc. With respect to condition (a) above, there were discussions between the developer and the Province, but the developer was not successful in negotiating a temporary access for construction vehicles. On May 17, 2011 the Committee considered a further phase (Phase 7) of the Cedar Point Anchorage Subdivision involving 56 lots to the west of the subject area (see attachments). Planning staff recommended the approval of the proposed subdivision, provided a 6 metre wide Land for Public Purposes dedication was included in the final subdivision plan in order to provide better pedestrian access to the adjoining Nature Trust property. A variance relating to a reduced rural road right of way width from 23.1 metres to 20 metres was initially requested by the developer, but at the meeting the applicant indicated that the streets would be redesigned in order to satisfy this new Subdivision By -law requirement (all the streets in the existing subdivision had been constructed with 20 metre wide rights of way in compliance with the standard that was in effect at the time). After considerable discussion with residents concerning inadequate storm water drainage in the area, the lack of sidewalks, the desire for underground public utilities, and a desire for a secondary street access to Ragged Point Road, the Planning Advisory Committee resolved to deny this application. However, later on June 21, 2011 the Committee recommended the subdivision after being requested by Common Council to provide a recommendation with respect to the location of the public streets only within the proposed subdivision. 339 Cedar Point Anchorage Subdivision, Phase 8 Page 4 554 Woodward Avenue (Project File) March 16, 2012 The Committee also recommended that a review of the Subdivision By -law be undertaken in order to determine if it is appropriate to introduce provisions respecting alternate means of access to development, as well as further define the term cul -de -sac. With the recent adoption of the new Municipal Development Plan (P1anSJ), the City is now required to create a new Zoning By -law that implements the policies of this new Plan. A review of the Subdivision By -law will not commence until after the adoption of the Zoning By -law. The matter of secondary access raised by the Committee will be considered at that time. On July 18, 2011 Common Council assented to Phase 7 of the Cedar Point Anchorage Subdivision, and authorized the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, which included any financial contribution for improvements to the existing pumping station and/or force mains in order to accommodate this additional development. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning this application: (a) Detailed engineering drawings and a detailed engineering design brief (water, sanitary, storm, and street) from the developer's engineering consultant must be submitted to the City for review and approval. Water capacity, pressures and fire flow requirements will have to be verified by the developer's engineering consultant. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from this proposed development, and make a recommendation as to the adequacy of this proposal. Looping of the water main is required in order to eliminate any dead end water mains where possible. (b) The developer must provide a detailed site drainage engineering design and report indicating how storm water collection and disposal will be handled. An engineering sewer analysis must be completed in order to determine the impact this development will have on the existing sewer infrastructure, and also to ensure that this proposal does not exceed the current capacity of the existing system. Also, the existing sanitary force main must also be reviewed by the developer's engineering consultant in order to determine if it will adequately handle this phase and future phases of development. Should any upsizing or upgrades be required, this will be the full responsibility and cost of the developer. (c) if any additional upgrades to existing infrastructure are deemed necessary, this shall be required and at the full cost of the developer. Detailed engineering plans must be submitted to the City for review and approval prior to determining this. (d) All grades for water and sewer systems must be verified by the developer's engineering consultant. 340 Cedar Point Anchorage Subdivision, Phase 8 554 Woodward Avenue (Project File) Page 5 March 16, 2012 (e) There remains concern with increased traffic on Cedarwood Drive, which continues to be the only street access into the entire subdivision. (f) The proposed intersection of Commodore Drive and Spinnaker Drive will create a four way intersection. Although only T- intersections are typically permitted in residential subdivisions, there is no issue with the proposed intersection, with the future extension of Spinnaker Drive, given the very short length of Commodore Drive on the other side of this intersection (i.e., cul de sac). (g) The Future Street illustrated on the submitted tentative subdivision plan, located south of the proposed Spinnaker Drive right of way, must be fully designed and constructed by the developer as part of the required street work for this subdivision. (h) Any additional phases proposed for this development will require a more comprehensive water and sewer analysis. The developer should note that if future phases are planned, the infrastructure size and configuration for this phase must be sufficient to handle additional flows. Buildings and Inspection Services has no concern with regards to this proposed subdivision. Saint John Fire Department has no objection to this application provided that the National Building and Fire Codes are adhered to with regards to street construction, and that building permits are obtained with regards to home construction. Some of the areas of concern within the National Building and Fire Codes include: (a) Access for firefighting is constructed in accordance with the National Building and Fire Codes of Canada. There should be consideration for a second access point for the entire subdivision, as there is currently only one way in or out of this developing subdivision. (b) The hydrant network must be installed according to the standard as adopted by the City of Saint John, and all hydrants must be properly maintained. Saint John Transit has indicated that there is no direct service provided to this neighbourhood. The closest service is at the intersection of Boars Head Road and Woodward Avenue. This entire area would probably be best served with a park and ride location near this intersection. School District 8 has been advised of this proposed residential development. Saint John Energy has advised that the existing overhead facilities are available in the area which can be extended in order to service the proposed lots. The cost for the necessary line extension can be discussed later with the developer. A 5 metre wide public utility easement will be necessary along both sides of the proposed streets prior to the installation of any facilities. Bel. Alient has indicated that the developer will be required to adhere to their extension policy with respect to the provision of overhead utility service. Rogers has been advised of this application. 341 Cedar Point Anchorage Subdivision, Phase 8 554 Woodward Avenue (Project File) Page 6 March 16, 2012 Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concern with regards to this development. ANALYSIS: Subject Property aad Neighbourhood The subject property is situated to the north of Cedarwood Drive in the Cedar Point area (see location map). Except for an elevated portion to the east, the subject site gradually slopes away from the properties along Cedarwood Drive. The location where the proposed streets would be constructed has been cleared of vegetation and some granular material has been deposited in these areas. Most of the site to the north of the proposed street (i.e., Commodore Drive) has sparse vegetation, but trees and shrubs exist on the property directly behind the adjoining residences along Cedarwood Drive. With regards to the existing neighbourhood in the general area, the Cedar Point Estates Subdivision (earlier subdivision development near Woodward Avenue), and the now Cedar Point Anchorage Subdivision, both have been developed under the "RSS" One Family Serviced Suburban Residential zoning. This zoning was created at the request of Common Council in the mid -1980s to offer residents the opportunity to develop residential lots with much larger minimum frontages in order to accommodate the construction of larger homes, a popular housing market that was occurring in areas outside of the city. Given the much lower density that this form of subdivision design offers, the "RSS" street standards substituted the typical local street requirements of concrete curbing and sidewalk, underground utilities, and piped storm sewer systems with no curbing or sidewalk, overhead utility lines and open ditching. While it would seem that this subdivision has been popular, for some time a group of local residents have expressed their concern with regards to the manner that streets have been maintained and even initially constructed. One of the most significant factors explaining this problem has been the actions taken by individual homeowners to modify the drainage ditches which are in the public street right of way. Secondary Street Access Before proceeding with the analysis of this subdivision proposal, it is necessary to consider the issue of a secondary road access, which was also discussed in the staff report prepared for the Planning Advisory Committee on May 13, 2011. By way of background, on May 1, 2007 the Planning Advisory Committee considered an application by the developer seeking permission to create 166 further lots in the Cedar Point Anchorage Subdivision (see attachments). At that time the Committee made the following resolution, "A permanent secondary access must be provided before further expansion of the proposed subdivision, beyond the recommended 51 lots, will be considered." On May 7, 2007 Common Council assented to a subdivision with a maximum of 51 new lots. 342 Cedar Point Anchorage Subdivision, Phase 8 Page 7 554 Woodward Avenue (Project File) March 16, 2012 The developer later undertook negotiations with the Province of New Brunswick, a private landowner and the Roman Catholic Diocese, and was successful in acquiring parcels of land (PID Nos. 55199756, 55199731, 55199749 & 55199723) that, along with a portion of the subject property (PID No. 55180558) and an existing City owned parcel that was vested for Future Street purposes (PID No. 55157549), could be used to construct a public street from Cedarwood Drive all the way to Ragged Point Road, thus providing a secondary road access for the area. This possible future street is shown on the attached overall Cedar Point Anchorage Subdivision plan previously submitted by Kierstead Quigley and Roberts Ltd. (April 25, 2011). The developer has indicated that the acquisition of these parcels of land cost over $100,000. The developer's engineering consultant has estimated it would cost at least $1.2 million dollars to construct a basic road over these parcels. Since the time of acquiring this land, the area immediately adjacent to the Cedar Point Anchorage Subdivision area was conveyed to the Nature Trust of New Brunswick by the Province without any consultation with the City. It was anticipated by both the developer and planning staff that the subdivision would eventually be expanded over these lands (upon successful negotiations between the developer and the Province), and that this future development would result in at least one street connection between the existing subdivision and Ragged Point Road. The developer has stated that it is no longer financially feasible to undertake the street connection without also developing along both sides of this access. The developer has also previously indicated that they are only willing to vest these parcels of land for street purposes if the City is prepared to construct the secondary access within an acceptable time period. Notwithstanding the benefits of providing a secondary road access, it is the viewpoint of planning staff that the City should not accept any street of this significant length (approximately 435 metres) without the benefit of development along both sides in order to offset the long term financial obligations of street maintenance, and that the City is not in a position to financially contribute to the construction of the street for the foreseeable future. However, that is not to say that planning staff does not share the concerns raised by both Municipal Operations and Engineering and the Saint John Fire Department with regards to having only a single street access (i.e., Cedarwood Drive) into this existing community of about 231 dwellings (see Input from Other Sources). While there are other similar neighbourhoods with only one street access, such as the Highlands of Drury Cove and the Bon Accord Subdivision, such situations are by no means ideal and should be avoided in the phasing of future subdivisions. There are two positions that the City could consider with regards to this subdivision proposal: (a) Not approve any further lots until a secondary road access is constructed to Ragged Point Road; or (b) Allow the developer to finish the development as originally planned. Last year in dealing with the undeveloped western portion of the subject property (Phase 7), it was recommended to allow the developer to complete that portion of the long anticipated subdivision. While this phase will increase the total number of dwellings to 287, an increase of 56 units or 24 percent, the alternative would have been a long public street network with a dead end terminus. It was in the best interests of the community to allow the developer to complete this portion of the subdivision. 343 Cedar Point Anchorage Subdivision, Phase 8 554 Woodward Avenue (Project File) Page 8 March 16, 2012 Planning staff is of a similar opinion with regards to this proposed subdivision (Phase 8). That being it is reasonable to allow the developer to complete this portion of the subdivision as originally anticipated. The approval of this further phase of the subdivision would result in a total of 324 dwellings. It is estimated that this many dwellings would generate approximately 3,102 daily one way trips. The carrying capacity of the intersection of Cedarwood Drive and Woodward Avenue typically governs the overall street network capacity for the area. Problems are not expected as industry guidelines indicate that residential collector streets like these can accommodate up to 8,000 vehicle trips daily. Notwithstanding the reasonableness to allow the developer to carry out this further phase of the Cedar Point Anchorage Subdivision, the development of this particular area of the property also provides a real opportunity to further the interests of a secondary street connection to Ragged Point Road. In particular, this application provides opportunity to vest the necessary Future Street between Cedarwood Drive (existing Future Street) and the 20 metre wide parcels acquired by the developer for future street purposes to Ragged Point Road. Though there is considerable uncertainty on how and when a secondary access would be constructed, the present application represents an opportunity to secure the necessary remaining portion that at least allows for its possibility. Therefore, it is recommended that the developer be required to vest a 23.1 metre wide Future Street right of way between the area shown as Spinnaker Drive on the submitted tentative plan to the existing 51231 N.B. Ltd. parcel (PID No. 55199756) to the north. The four existing 20 metre wide parcels between the subject property and Ragged Point Road would remain in the ownership of the developer. It is also realized that the majority of the future street would need to be developed within the existing 20 metre wide right of way, which will also require the consideration of a variance by the Planning Advisory Committee. While the recommendation for this phase of the subdivision would secure additional land necessary for the eventual construction of a secondary access, it is not practical for this street to be constructed without the opportunity to develop the land along both sides of this access. To this end, City staff has discussed this matter with the applicant, and would be willing to participate in discussions between the developer and the adjoining property owners (i.e., Nature Trust of New Brunswick Inc. and Province of New Brunswick — Department of Education) to ascertain whether these parties would either be interested in conveying some land for development, developing their own properties, or both. In the meantime, planning staff is supportive of this subdivision proposal provided the mentioned Future Street vesting occurs. Development Proposal and Requested Variance The developer has submitted an application seeking tentative approval for further lots in the Cedar Point Anchorage Subdivision (see Cedar Point Anchorage Subdivision, Phase 8 tentative plan). This proposal involves the creation of 37 serviced one family lots. Please note that there are seven shaded lots (6 -K, 7 -K, 8 -K, 15 -I, 16 -1, 1 -J & 2 -J) on this plan that were already approved by the City in 2001. While the developer is in a position to proceed with creating these lots by extending Admiralty Drive, these lots have been included in this application as it is the developer's desire that these lots be undertaken in conjunction with this larger phase. 344 Cedar Point Anchorage Subdivision, Phase 8 Page 9 554 Woodward Avenue (Project File) March 16, 2012 With respect to this proposed subdivision, vehicular access would be provided to the lots by a public street network consisting of a short extension to Admiralty Drive and the construction of two new public streets: Commodore Drive and Spinnaker Drive. An existing Future Street right of way was provided in a previous phase of the subdivision between the properties at 60 & 66 Cedarwood Drive that must be developed in conjunction with Spinnaker Drive. The new Municipal Development Plan has designated the Cedar Point area as Stable Residential. This designation has been given to a number of existing neighbourhoods in the city that have been generally built out and are not anticipated to receive major change over the planning period of the Plan. These neighbourhoods are within the Primary Development Area, generally on municipal services, and have the potential to accommodate additional development at a scale and density consistent with the surrounding context. With regards to the Cedar Point Anchorage Subdivision it was contemplated that this subdivision would be completed with phases of similar scale and intensity. The subdivision proposal is consistent with P1anSJ. The area is zoned "RSS" One Family Serviced Suburban Residential, and a minimum lot area of 1,400 square metres and a minimum lot width and depth of 30 metres is required. All the proposed lots can satisfy these requirements. The subdivision design can satisfy all the applicable requirements of the Subdivision By -law, except a variance is being requested in order to allow for the possible future extension of Spinnaker Drive resulting in a four way intersection between this street and Commodore Drive. Normally only T- intersections are permitted in new residential subdivisions. Given the short length of the cut de sac portion of Commodore Drive, Municipal Operations and Engineering has no objection to the design of a four way intersection at this location. In February 2008 the Committee granted a variance to allow for a four way intersection in the Hart to Hart Subdivision off Heather Way in East Saint John under very similar circumstances, and it would be reasonable for the Committee to grant this variance. Therefore, the staff recommendation includes the approval of this vanance. Provision of Street Work and Facilities The developer will be responsible for the construction of all the new public streets with an asphalt surface, overhead public utilities and open ditching. No concrete curbing, sidewalks or piped storm sewer system is required. The recommendation includes all the necessary assents and approvals for the proposed subdivision, on the condition that the necessary remaining portion of land for a possible secondary access to Ragged Point Road is vested as a Future Street. Along with the authorization of one or more City/Developer Subdivision Agreements, it will also be a requirement of the developer for any necessary improvements to the existing water, sanitary sewer, or storm sewer systems in order to accommodate this proposed subdivision development. 345 Cedar Point Anchorage Subdivision, Phase 8 Page 10 554 Woodward Avenue (Project File) March 16, 2012 Land for Public Purposes The Subdivision By -law requires that an area of land equal to six percent of the area of the proposed lots be dedicated as Land for Public Purposes. A dedication of 3,814 square metres is required for this further phase of the Cedar Point Anchorage Subdivision. In this particular case the developer has already dedicated 1.98 hectares of Land for Public Purposes along the shoreline of the Saint John River. This area is shown on the attached Cedar Point Anchorage Subdivision plan (April 25, 2011), which also illustrates Phase 7 of the Cedar Point Anchorage Subdivision that was tentatively approved in May 2011. As provided for in the Community Planning Act, the existing LPP was accepted by the City as a credit for future subdivision development in the general area. This credit satisfies the dedication requirements for Phase 7 (2011) and Phase 8 (2012), and still provides a remaining credit of 15,352 square metres should there be any further subdivision in the area. Street Naming The proposed new street names Commodore Drive and Spinnaker Drive have been reviewed by City staff (GIS), and it has been determined that these names are unique in both sound and spelling from other existing street names in the region. Therefore, the approval of these names is recommended. CONCLUSION: The applicant is seeking permission to subdivide most of the remaining portion of the large subject property in order to create 37 further serviced lots in the Cedar Point Anchorage Subdivision (as mentioned in this report seven of these lots have already been approved by the City). The proposed subdivision design can satisfy the requirements of the Zoning and Subdivision By -law, except that a variance is necessary for the possibility of a four way intersection, which would be necessary in order to extend Spinnaker Drive (if necessary) and facilitate the eventual construction of a secondary access to Ragged Point Road. This application provides an opportunity to complete the land assembly necessary for the eventual construction of a secondary road access to Ragged Point Road. It is recommended that a Future Street be vested to the City between Cedarwood Drive to the parcels that the developer has acquired for this purpose. Staff is also prepared to participate in discussions with the developer and the adjoining property owners that will hopefully result in an opportunity to develop the immediately adjacent lands along both sides of this future street. There is no business case to construct this street without such development occurring, and it would not be in the best interests of the City to maintain such a long street without the benefit of development to offset its long term costs. There may also be an interest by the adjoining parties, to undertake further development of their properties or contribute to the cost of improved street access. 346 Cedar Point Anchorage Subdivision, Phase 8 554 Woodward Avenue (Project File) Page 11 March 16, 2012 All the necessary assents and approvals are provided in the recommendation for this subdivision application, including the recommendation of a necessary variance for the reasons mentioned in this report. MO Project No. 12 -062 347 PLANNING AND DEVELOPMENVURBANISME ET DtVELOPPEMENT Ra RS- 2 \ /' IL- 2 IL- 2 fRSS i -2 / R s 3 IL -2 :T �`. as us i ; Subject Site/site en question: PID(s) /NIP(s): fl 55180558 (portion) 55156954 Location: 554, ay. Woodward Av. 55157549 Date: February 29 fevrier 2011 Scale /6chelle: Not to scale /Pas A Mchelle 0 a 1 1 - Y+ 1 Y+ Yi f} Yf, _f � •. fit• '; ~! t • �� N � � � ti 1 •� is is ti Tt • # 44 + �• \ �i; ' • r �' it +' Ii _ I� � � � � ; ft r s . •o �,� pp •s �Itl �% •aJ t - A +� , `P` ' - 'art � -� r�lft •,r I �� .�` �q �� � .%'✓ +rte �r �J :�^I • �! y �\ 9� •'`� � �'``t ''p` � ,�« ` %fir /' � ► �'�'_• 16% r NN `fir .0 1 ,rte • 41pf' a � A&g� 349 MOO n O g Z� g �Q I 0 Z U O �� O ,� p� d) m 0 ¢J C 6�E 6 LL � > U � W �y � 9Y r Q Qa P � Urte _ -M le! All �= aka @� yypp 3 9. �xx Y a • r 4fj 6K0.71R 8. 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Mr. Rick Turner of Hughes Surveys & Consultants Inc. addressed the Committee and advised he had received the staff report and letter and was generally in agreement with the staff recommendation. He requested the Committee to consider two changes to the staff recommendation. The first was to consider retaining the proposed landscape island feature at the entryway. Staff had recommended removal of the landscape island because of the on -going maintenance costs to the City. The second was to consider including Lot 7 in Block H of the multi -unit blocks in Phase 1. Staff had recommended extending Peerless Drive to the end of Block L to ensure all lots would have access to a public street. Staff responded that they had no objection to the request to add this additional lot in Phase 1. Wayne McGaughey, an area land owner, spoke in favour of the application. There was one letter received in opposition to the application. After considering the matter, the Committee decided to adopt the staff recommendation that the application be approved, as amended to include Lot 7 in Block H and the corresponding increase in Lands for Public Purpose, being provided cash -in -lieu, from 611 square metres to 886 square metres. RECOMMENDATION: 1. That Common Council: a. assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Petrus Holdings Inc. Tentative Plan of Subdivision, located at 11 King William Road (PID 55159719), with respect to the vesting of the proposed public streets and any required municipal services easements and public utility easements, subject to the following modifications: 353 9FA i. removal of the proposed landscaped median in the entranceway and the width of the proposed right -of -way reduced to 20 metres; and ii. Peerless Drive be extended to the end of Block `L'; and iii. A one foot reserve strip be added to the north side of Lot 1B in Block `D'. b. authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including temporary turnarounds for Melbourne Avenue and Peerless Drive and detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate; and c. assent to the proposed parcel, totalling approximately 613 square metres, of Land for Public Purposes (LPP), and in addition to this, have the developer provide cash -in -lieu for the balance of the required LPP land for this phase, totalling approximately 886 square metres. 2. That the Planning Advisory Committee: a. approve the proposed street names of Melbourne Avenue, Peerless Drive, Alfred Street, Burnham Crescent and Giles Court, as well as the names Justin Street and Calvert Street for the proposed townhouse complex. Respectfully submitted, Eric Falkjar Chairman SF Project No. 12 -060 354 r - � DATE: MARCH l b, 2012 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING, PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 20, 2012 PREPARED BY: REVIEWED BY: Stacey F MBA, MCIP, RPP Ken Forrest, MCIP, RPP Planner Commissioner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. Name of Owner: Location: PID: Municipal Plan: Petrus Holdings Inc. 11 King William Road MI U!11 U Stable Residential Zoning: "R -2" One & Two Family Residential "TH" Townhouse "RM -1" Three Storey Multiple Residential "B -2" General Business Proposal: To develop the first phase of the Petrus Holdings Inc. Subdivision, consisting of a mix of one and two - family dwellings, townhouses, apartments, a commercial site, Land for Public Purposes and three new public streets. Type of Application: SAINT JOHN Subdivision P.O. Box 1971 Saint John, 14B Canada E2L 4L1 1 vw wsaintjohn.cz, C.P 1971 Saint jchn, Iii. -B. Ca. iada E2L 11-1 355 Petrus Holdings Inc. Subdivision 11 King William Road JURISDICTION OF COMMITTEE: Page 2 March 16, 2012 The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and land for public purposes in conjunction with the subdivision of land. The Subdivision By -law authorizes the Committee to approve street names in conjunction with new subdivisions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council: a. assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Petrus Holdings Inc. Tentative Plan of Subdivision, located at 11 King William Road (PID 55159719), with respect to the vesting of the proposed public streets and any required municipal services easements and public utility easements, subject to the following modifications: i. removal of the proposed landscaped median in the entranceway and the width of the proposed right -of -way reduced to 20 metres; and ii. Peerless Drive be extended to the end of Block `L'; and iii. A one foot reserve strip be added to the north side of Lotl B in Block `D', b. authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including temporary turnarounds for Melbourne Avenue and Peerless Drive and detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate; and c. assent to the proposed parcel, totalling approximately 613 square metres, of Land for Public Purposes (LPP), and in addition to this, have the developer provide cash -in -lieu for the balance of the required LPP land for this phase, totalling approximately 611 square metres. 2. That the Planning Advisory Committee: a. approve the proposed street names of Melbourne Avenue, Peerless Drive, Alfred Street, Burnham Crescent and Giles Court, as well as the names Justin Street and Calvert Street for the proposed townhouse complex. 356 Petrus Holdings Inc. Subdivision 11 King William Road BACKGROUND: Page 3 March 16, 2012 On August 10, 2010 the Committee considered a proposal to rezone the subject site from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, "TH" Townhouse, "RM -1" Three Storey Multiple Residential and "B -2" General Business to permit the development of a residential subdivision with some commercial development. After considering the matter, the Committee recommended that Common Council deny the application. Common Council, at their meeting on September 13, 2010, approved the rezoning, subject to a resolution pursuant to Section 39 of the Community Planning Act, setting out the following conditions: a. That any costs to extend off -site infrastructure to serve the development be completed at the developer's expense. b. That water, sanitary sewer and storm sewer infrastructure be extended to the north property line of the site within the future street right -of -way that is south of Edna Court at the time the adjacent section of Melbourne Avenue is constructed. c. That that the use of the area to be rezoned to `B -2" General Business be limited to the following uses: • a bank or financial institution • a bakery • a convenience store • a day care centre • a personal service shop • a repair service shop • a restaurant (excluding a drive through) • a retail store • an office use; • a gasoline bar, subject to such terms and conditions as may be imposed by the Planning Advisory Committee. d. That the gross floor area of the structures in the area to be rezoned to "B -2" General Business be limited to a maximum of 1000 square metres. e. That access to the proposed "B -2" General Business site be limited to a right - in/right out driveway from Melbourne Avenue and a full access driveway from Peerless Drive, and that direct access to the "B -2" General Business site from King William Road not be permitted. f. That the proposed location of the intersection of King William Road and Melbourne Avenue be reviewed by the developer's traffic engineering consultant to provide a confirmation of available intersection sight distance, turning sight distance, and stopping sight distance at the proposed access with respect to Transportation Association of Canada Guidelines. g. That the length of contiguous roadway into the site be limited to a distance of 400 metres from the King William Road / Melbourne Avenue intersection until such time as a second connection to Ocean Westway is developed. 357 Petrus Holdings Inc. Subdivision Page 4 11 King William Road March 16, 2012 INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: • Water and sanitary sewer are available for connection on King William Road. • Detailed engineering drawings from a qualified professional engineering consultant must be submitted to the City for review and approval. • Water capacity and fire flow requirements will have to be verified by the developer's engineering consultant and included with the detailed drawing submission. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from this proposed development at full build -out and confirmation that there is enough capacity to support this proposed development. This information is to be provided to the City for review and approval. • Any new watermains must be interconnected; there are to be no dead -ended watermains. • The water service to existing Lot 10 -01 is to be disconnected from the watermain on Ocean Westway and connected to the watermain on King William Road that will service the proposed development, prior to completion of Phase 1 of this subdivision. • The developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows from this proposed development at full build - out. Confirmation of this and confirmation that this proposal does not exceed the current capacity of the existing systems must be submitted to the City for review and approval. If any infrastructure improvements are required, this will be the responsibility of the developer. • All grades for existing water and sewer systems must be verified by the developer's engineering consultant. • There is no dedicated municipal storm water system in the area. The developer's engineering consultant must provide a detailed site storm water drainage plan and design report indicating how storm water collection and disposal will be handled for the full build -out. If any infrastructure improvements are required, this will be the responsibility of the developer. • All driveway entrances should be within the proposed development site on the proposed streets and not directly onto King William Road. The detailed engineering design drawings must indicate the location of each proposed driveway. • The wider entranceway with a landscaped median as proposed on Melbourne Avenue poses maintenance operational issues for snow plowing. The center median should be removed and the width of the proposed right -of -way reduced to 20 metres. • The proposed Melbourne Avenue approach to King William Road must be at a similar elevation as King William Road and be of sufficient length to accommodate vehicles stopping before proceeding onto King William Road. • The location of the proposed intersection of Melbourne Avenue and King William Road must be reviewed by the developer's traffic engineer. Confirmation of acceptable sight distances by the developer's traffic engineer must be submitted to the City for review and approval. • The developer's traffic engineer must review the adequacy of having a single access to /from the proposed development. • For Phase 1, a temporary turnaround at the eastern end of Melbourne Avenue is required, 358 Petrus Holdings Inc. Subdivision I I King William Road Page 5 March 16, 2012 The following comments have also been provided regarding future phases of the proposed subdivision: • The proposal shows Melbourne Avenue dead -ended between proposed Block "C" Lot 213 and Block "G" Lot i B. A properly designed and constructed permanent turnaround is required. • The future street segment between proposed Block "B" Lot 9B and Block "C" Lot IA must be designed and fully constructed. • The future street segment adjacent to proposed Block "G" Lot 6B must be designed and fully constructed. • For Phase 1, the length of the western leg of the proposed Peerless Drive seems short and may hinder snow plowing operations. • Access for the proposed General Business lot should be via the proposed Peerless Drive and not Melbourne Avenue. • Accesses for proposed Block "D" Lot l OB and proposed Block "F" Lot 5A should be via the proposed Burnham Crescent and not Melbourne Avenue. • Accesses for proposed Block "F" Lots 7A and 14A should be via the proposed Giles Circle and not Melbourne Avenue. • Accesses for proposed Block "D" Lot I IA and proposed Block "F" Lots IA, 1B, 2A, 213 and 21 B must consider the proposed street alignments. • The site plan proposes shared accesses for the proposed Townhouse Blocks "H" through "R ". These accesses would be private and not maintained by the City. The design of these accesses must ensure that there is sufficient off-street parking provided and that there is adequate room for the vehicles to maneuver to the public street. • The geometry of the proposed intersection of Alfred Street and Peerless Drive is not a right angled "T" intersection. The design of this proposed intersection must include what the planned traffic control measures will be. Buildings and Inspection Services has no concerns with the proposal. Saint John Fire Department has no objection to this application provided that the National Building Code of Canada (NBC) & the National Fire Code of Canada (NFC) are adhered to, and appropriate building permits are obtained. A complete fire inspection will be required to be completed by the SJFD Fire Prevention & Investigation Division prior to occupancy of any multi - residential or general business buildings. Saint John Transit has stated that there is very limited bus service in this area (2 return trips per weekday) and transit would not likely be a viable option for future residents. Leisure Services has been informed of this proposal. Real Estate Services has no concerns with the proposal. Saint John Industrial Parks Ltd. has no concerns with the proposal. 359 Petrus Holdings Inc. Subdivision Page 6 11 King William Road March 16, 2012 Geographic Information Systems (Planning and Development) has stated that all of the proposed street names in this subdivision are acceptable and have been reserved for this development, however, the proposed designator for "Giles" should be Court and not Circle; the proposed Alfred Street should be considered part of Peerless Avenue; and the unnamed proposed public street connecting Melbourne Avenue and Peerless Drive should be named Alfred Street. N.B. Department of Environment has been informed of this proposal. N.B. Department of Natural Resources has advised that they have no objections to this application however they have noted that this parcel is adjacent to the former railway right -of -way acquired by the Province of New Brunswick, administered by the Department of Natural Resources, and managed under the Parks Act as a section of Sentier NB Trail. Should any ancillary services associated with the proposed subdivision encroach onto or cross the adjacent trail corridor, the applicant must obtain Departmental approval in advance of any such development. N.B. Department of Transportation has no concerns with the proposal. School District 8 has been informed of this proposal. Saint John Energy has been informed of this proposal. Bell Aliant has been informed of this proposal. Rogers has been informed of this proposal. Maritimes & Northeast Pipeline has stated this area is all clear of their infrastructure. Enbridge Gas and Brunswick Pipeline have been informed of this proposal. ANALYSIS: Subject Site The subject site has an area of approximately 15.96 hectares (39.4 acres) and is located in the northeast quadrant of the NB Route 1 / King William Road interchange in West Saint John. The vacant site, which is partially cleared and partially treed, has approximately 210 metres (690 feet) of frontage along King William Road. The elevation of the site ranges from 45 metres (148 feet) to 39 metres (128 feet) and generally drains to the south towards NB Route 1. 360 Petrus Holdings Inc. Subdivision Page 7 11 King William Road March 16, 2012 Proposed Development The applicant is seeking approval to develop the first phase of this subdivision, with a combination of residential and commercial development. Full build -out of this subdivision is proposed to include approximately 79 one and two family residential lots, 11 townhouse blocks for a total of approximately 72 townhouse dwellings, 11 lots for three storey multiple residential buildings, and one lot for general business. Phase 1 of this proposal includes the development of 21 lots, comprised of the following: ■ 17 lots, zoned "R -2" One and Two Family Residential, for one and two family dwellings along Melbourne Avenue and Peerless Avenue; • 1 lot for townhomes along Peerless Avenue, zoned "TH" Townhouse, comprised of blocks K and L, with 12 potential townhome dwellings; ■ 2 multi -unit lots, zoned "RM -1" Three Storey Multiple Residential, along Peerless Avenue; and ■ 1 commercial lot zoned "B -2" General Business with use restrictions that are intended to provide local commercial uses to serve the residents in the area. The total Land for Public Purposes (LPP) requirement for Phase 1 is 1,224 square metres. LPP, totalling approximately 613 square metres, is proposed to be located between Melbourne Avenue and the future Burnham Crescent and the balance, approximately 611 square metres of LPP, is proposed to be provided by the developer as cash -in -lieu. This proposed mix of land and cash -in -lieu for LPP has been reviewed by staff with the developer and agreed to as the most appropriate approach for LPP in this subdivision. This proposal for LPP is a revision from the original proposal that was submitted at the time of rezoning. The original subdivision proposed LPP in the south -west corner of the site as well as two pedestrian connections inside the subdivision. Staff and the developer re- negotiated the LPP in light of the concern for LPP to be more centrally located inside the subdivision and Leisure Services and Real Estates request for cash -in -lieu. Surrounding Area The site is bounded on the north by the former C.P.R. right -of -way, which runs along the entire northern boundary. The tracks were removed several years ago and the former rail bed is now utilized as a walking trail which is part of the Sentier NB Trail system. The main N.B. Trail is on the south side of Highway 1, crosses over Highway 1 via the King William Road overpass, and then continues west along the former CPR line from King William Road towards Spruce Lake. To the east of the site is a large wooded property that extends from Highway 1 to the former rail line. To the north of the site (beyond the former railway right -of -way) is the Ocean Westway residential area, including Birchwood Place subdivision and linear residential development along both sides of Ocean Westway. There are also a few non - residential uses in this essentially suburban and rural residential neighbourhood. Highway 1 forms the site's southern boundary, beyond which is vacant land that is designated Heavy Industrial, as part of the Spruce Lake Industrial Park lands, and Urban Reserve. The developed portion of the Spruce Lake Industrial Park begins approximately 600 metres (2,000 feet) to the south of the site. 361 Petrus Holdings Inc. Subdivision Page 8 11 King William Road March 16, 2012 The opposite side of King William Road from the site contains a large vacant parcel of land, zoned "1 -2" Heavy Industrial that is owned by the N.B. Department of Supply and Services. Zoning of the adjacent areas is mostly "RF" Rural with existing residential areas zoned "R -2" One and Two Family Residential and "RS -2" One and Two Family Suburban Residential. Municipal Plan Direction The subject site is within the Primary Development Area (PDA) and is designated Stable Residential in the Saint John Municipal Plan, which makes the proposed subdivision consistent with the Plan's intent for this designation. This designation applies to areas of the City which are not anticipated to receive major change over the planning period, are within the PDA, are serviceable with municipal services, and have the potential to accommodate additional development, at a scale and density consistent with the surrounding context. The mix of proposed housing types in this subdivision is consistent with the Plan's intent for a broad range of housing in neighbourhoods throughout the City to support residents as they move through different life stages. The proposed commercial lot will provide residents with neighbourhood services close to home. The proposed street network provides access to neighbouring lands to the east and the north of the subject site and the proposed LPP will provide pedestrian linkages to the rail trail to the north and adjacent streets within the neighbourhood, for residents' recreational use. The Plan also places emphasis on the design of communities and the application of urban design standards when designing and building subdivisions. Specifically, policy UD -10 speaks to urban design expectations in Stable Areas, which includes Stable Residential areas of the City. With this proposed subdivision being relatively isolated from existing developed areas in West Saint John and having a broader mix of housing types and a higher density overall than in many other parts of the City, adhering to good urban design principles will support this subdivision evolving over time into a high quality neighbourhood for future residents. Zoning By -law Zone Standards The property was rezoned in August 2010 to "R -2" One and Two Family Residential, "TH" Townhouse, "RM -1" Three Storey Multiple Residential, and "B -2" General Business. The development proposal is for serviced lots with one and two family dwellings located in the north and north- eastern parts of the site, townhouses in the middle of the site and three storey multiple residential dwellings located to the south and south -east part of the site. The applicant has not indicated the intended mix of residential dwellings types at this time. The proposed lot dimensions and lot areas comply with the requirements for the various zones. It should be noted that the location of the townhouse units, as shown on the Tentative Plan of Subdivision, will need to be adjusted to provide the required 7.5 metre rear yards adjacent to the common trustee lands. It appears there is enough room on the townhouse lots to make this adjustment while still maintaining the minimum 3 metre front yard adjacent to the public streets. 362 Petrus Holdings Inc. Subdivision 1 I King William Road Subdivision By -law General Layout Page 9 March 16, 2012 The proposed street layout provides frontage on a public street for all of the proposed lots. The townhouse units will also be accessible from the private common area of the complex. As the proposed layout meets the requirements of the Subdivision Bylaw, assent with respect to the proposed public streets and fixture streets can be recommended. Melbourne Avenue will be the main access road into the subdivision from King William Road, until such time as a second access is developed, in a future phase, as required by the Section 39 conditions. Provision has been made for two future roadway linkages to the adjacent property to the east and one linkage to the north, connecting to Edna Court. Until such time as the land to the east is developed or Edna Court is completed, the development will only have one access. To mitigate this, the length of contiguous roadway developed in the subdivision is limited to a distance of 400 metres from the King William Road / Melbourne Avenue intersection until such time as a second connection to Ocean Westway is developed. Phase 1 proposes approximately 400 metres of internal roadway and as such, any future phase of development must provide a secondary access prior to occupancy of any new residential dwellings. Proposed Land for Public Purposes The Subdivision Bylaw requires that six percent of the area of the lots zoned as "R -2" One and Two Family Residential, or six percent of the market value of the land, and eight percent of the area of the lots zoned as "TH" Townhouse and "RM -1" Three Storey Multiple Residential, or eight percent of the market value of the land, be dedicated as Land for Public Purposes (LPP). Using this calculation, the total LPP requirement for Phase 1 of this proposed subdivision is approximately 1,224 square metres. A pedestrian link totaling approximately 613 square metres is proposed as LPP between lots 5A and 4B on Melbourne Avenue, and future lots 17B and 16A on Burnham Crescent. The balance of LPP for Phase 1, approximately 613 square metres, and is proposed to be provided by the developer as cash -in- lieu. There is consensus among Real Estate, Leisure Services and Planning that this proposed mix of land and cash -in -lieu for LPP is appropriate for this subdivision and can be recommended. Servicing and Access The proposed subdivision will be provided with municipal water, sanitary sewer, storm sewer, underground wiring, and paved streets with curb and sidewalk in accordance with the Subdivision By- law's servicing standards. The recommendation provides for the necessary City /developer subdivision agreement to ensure the required services and facilities are provided. Detailed engineering plans and design reports will be required for the approval of the Chief City Engineer, with the detailed engineering drawings attached to the subdivision agreement. The required reports will need to address the issues raised in Municipal Operations and Engineering's input concerning issues including sufficient quantity and pressure of water to serve the development, the capability of the existing sanitary sewer to receive the peak flows from the development, stormwater collection and disposal, the availability of existing water and sanitary sewer infrastructure to accommodate the demands of the development, and traffic and access concerns. 363 Petrus Holdings Inc. Subdivision Page 10 11 King William Road March 16, 2012 Peerless Drive must be constructed to the end of proposed Block `L" to ensure appropriate access to these part lots is available for emergency vehicles. The developer must also design and construct, at their cost, temporary turn- arounds as required by Engineering and Operations for Peerless Drive and Melbourne Avenue. The existing water service to lot 10 -01 is to be disconnected from the watermain on Ocean Westway and connected to the watermain on King William Road that will service the proposed development. This is also to be completed by the developer at the developer's expense. These requirements will be incorporated into the Subdivision Agreement that will be entered into by the City and the Developer. Street Names The developer has provided the proposed names, Melbourne Avenue, Burnham Crescent, Peerless Drive, Giles Circle and Alfred Street for the new Public Streets in Phase 1 and future phases of the subdivision. These names have been reviewed and accepted by the GIS division. The names Justin Street and Calvert Street have been reserved by the GIS division for future private streets in the townhouse portion of the development. While only Phase 1 of the subdivision is being proposed at this time, approval of all of the street names is being recommended so that they will be reserved for this development. It is also noted that, further to the comments from the Geographic Information Systems (Planning and Development), the proposed Alfred Street on the Tentative Plan of Subdivision should be considered part of Peerless Avenue and the unnamed proposed public street connecting Melbourne Avenue and Peerless Drive should be named Alfred Street. CONCLUSION: This is an application for Subdivision under the existing "R -2" One and Two Family Residential, "TH" Townhouse, "RM -1" Three Storey Multiple Residential, and "B -2" General Business zones. The subject site has been designated Stable Residential and is thus, consistent with the Municipal Plan. The applicant is entirely within their right to apply for this Subdivision under the zone standards which apply to this site. The jurisdiction in this case is limited to the review of two issues related to this application: the proposed Public Street names and the proposed location of Land for Public Purposes. Staff recommend that Common Council assent to the proposed Public Street names and the proposed location of Land for Public Purposes. It is further recommended that Common Council authorize the preparation of any required City/Developer Subdivision Agreement and any required Municipal Services or Public Utility Easements. SF Project No. 12 -060 364 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT r� �T P6 or a �y a R -2 ra i *{ R T r r 4 ♦ a� a �r i f�♦ �y 7 1 -2 S r W 'i VXA F� . T1 I Rk f1 It Subject Site /site en question: Location: 11 King William Road Date: March 15 mars 2012 F I ^1 fG 1 i Scale /echelle: Not to scale /Pas a 1'echelle 365 PID(s) /NIP(s): 551 59719 Lj a- g 10 Z" KAU 4,on ik C r 2 g s ara . M. 'k . , V a .2 0 C [L too I 8 1 a5 4 L 3N f PHI ngki 2 2 ;Wu z I- WN %E 14 Cl Ski ou- a 1p Tlo ell 'Ae 1 4 xg� 'Nv Li N ob 041 'MS ,_. _ 44 P 366