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2013-03-04_Agenda Packet--Dossier de l'ordre du jour � � � �, A City of Saint John Common Council Meeting REVISED AGENDA Monday, March 4, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plai� utiliser I'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658-2862. Pages 1. Call to Order- Prayer 2. Approval of Minutes 2.1 Minutes of February 21, 2013 1 - 1 2.2 Minutes of February 25, 2013 2 - 8 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 City Manager: Amendment to Terms and Conditions with Potential Shannex 9 - 10 Development- Gorman Arena Property (Recommendation in Report) 5.2 City Manager: Proposed Public Hearing Date 835 Loch Lomond Road and 4207 11 - 12 -4211 Loch Lomond Road (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations Powered EY:r,.�]'^£f1 pF� �Tt i] 1 9. Public Hearings 9.1 Proposed Zoning By-Law Amendment 460 Latimore Lake Rd 13 - 38 9.1.1 Letters of opposition and support from the public 39 -48 9.1.1.1 Petition with 75 names in Opposition received 9.1.2 Planning Advisory Committee Report Recommending Rezoning with 49 - 118 Section 39 Conditions 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Safe, Clean Drinking Water Impact on Water Rates (Councillor Farren) 119 - 119 11.2 Outstanding Motions (Deputy Rinehart) 120 - 120 12. Business Matters - Municipal Officers 12.1 City Manager: HVAC Systems Maintenance Services - Recommendation for 121 - 124 Award of Standing Offer Agreement (2012-085004P) 13. Committee Reports 13.1 Planning Advisory Committee: Street Vesting Peel Plaza 125 - 133 13.2 Planning Advisory Committee: Planning Advisory Committee Executive for 134 - 134 2013 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 NB Crafts Council - Request for Funding 135 - 137 15.2 The Council of Canadians - Request to Present Regarding P3 Funding 138 - 138 16. Supplemental Agenda 16.1 Mayor's Governance Task Force Report (Mayor Norton) 139 - 151 16.2 City Manager: Engineering Services - Millidge Avenue and Area Sanitary 152 - 155 Sewer Installations 16.3 City Manager: Advisory Services - Partnerships NB 156 - 158 2 16.4 City Manager: Adjudication Services - LTD Claims 159 - 162 16.5 City Manager:APC-Land Transaction 163 - 164 17. Committee of the Whole 18. Adjournment 3 �� :.'�_'��, ,1�,`�' ''�c Y`� c F��,�;� ,� _� The City of Saint John Seance du conseil communal Lundi 4 mars 2013 Sallc du conseil, 1$h Seance ordinaire 1. �uverture de 1� seance, suivie de la priere 18h 2. Approbation du proces-vcrbal 2.1 Proccs-verbal du 21 fevrier 2013 2.2 Proces-verbal du 25 fevrier 20�3 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'intercts 5. Questions soumises a 1'approbation dn conseil 5.1 Dirccteur general : Modification aux conditions generalcs de 1'eventuel amenagement Shanncx—Propriete de 1`arena Gorman (recommandation figurant au rapport) 5.2 Directcur general : Date proposee pour la tcnue d'une audience publique etincernant le 835, chernin Loch Lomond et concernant les 4207-4211, chemin Loch Lomond {recommandafiion figurant au rapport} 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiqaes 9.l Modification de 1'Arrete de zonage rclative au 460, chemin Latimore Lake 9.1.1 Lettres d'opposirion et de soutien du pub�ic 9.1.1.1 Petition avec 75 noms de personnes en opposition re�ue 9.1.2 Rapport du Cornite consultatif d'urbanisme rccornmandant le rezonage conform�ment aux conditions imposees par 1'article 39 10. Etude des arretes municipaux 11. Ynterventions des membres du conseil 1 L 1 Repercussions de]a salubrite et de la proprete de 1`cau potable sur lcs tarifs d'cau{conseiller Farren) 11.2 Propositions en suspens (mairesse suppleante Rinehart) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur gcncral : Serviees de maintenance des systemes de chauffage, de ventilation et de cli�natisation {CVC)—Recommandation pour 1'attribution dc la convention dbffre a commandes (2Q12-085004P) 13. Rapports deposes par les comites 13.1 Comite consultatif d'uxbanisme : Projet de lotissement au 345, chemin Boars Head (lotissement Cambridge Estates) 13.2 Bureau des commissaires de la police de Saint John : Reponse a une resolution du conseil concernant les travaillenses du sexe (reportee lors de la seance du 14 janvier 2013) 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Conseil d'artisanat du Nouveau-Brunswick—Demande de financement 15.2 Le Conseil des Canadiens—Demande de presentation sur 1e financement en partenariats public-pri�-e (PPP) lb. Ordre du jour suppl�ment�ire 15.1 R.apport du groupe dc iravail du maire sur la gouvernance (maire Norton) 16.2 Directcur general : Services d`ingcnierie—Installations du reseau dc drainage des eaux usees de 1'avenue Millidge et du secteur 16.3 Directeur�eneral : Services consultarifs--Partenariats Nouvcau-Brunswick 16.4 Directeur general : Services du reglement dcs dema.udes—Dernandes d'assurance-invalidite de longue duree 17. Comite plenier 1 S. Levee de la seance 97- COMMON COUNCILICONSEIL C4MMUNAL FEBRUARY 21, 20131LE 21 FEVRIER 2013 COMMON COUNCIL MEETING —THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 21, 2013—4:3U P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, MacKenzie, McAlary, Merrithew, and Norton - and - F. Beaulieu, City Solicitor; K. Clifford, Fire Chief; J. Taylor, Assistant Common Clerk; K. Tibbits, Administrative Assistant 1. Call To Order— Prayer Mayor Norton called the meeting to order and advised fF�at the presenter scheduled to present item 1.1 lntroductran Business Case Mefhodology--Publrc Private Partnership to Common Council was not available to att�nd the Council meeting, adding that the item will be forwarded to the Common Council rneeting of February 25, 2013 as part of the regular agenda. 2. Approval of Minutes 3. Appraval o#Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments 7. Proclamation 8. DelegationslPresentations 9. Public Hearings 7:00 P.M. 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. Genera! Correspondence 18. SuppEemental Agenda 17. Committee of the Whole 18. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor Norton RESOLVED that the Common Council meeting of February 21, 2013 be ad�ourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 4:33 p.m. Mayor/maire Assistant Common Clerk 1 greffier communal ad�oint 1 97- COMMON COUNCIUCONSEIL COMMUNAL FEBRUARY 25, 20131LE 25 FEVRIER 2013 COMMON COUNCIL MEETING —THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 25, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; M. Tompkins, Solicitor; G. Yeomans, Commissioner of Finance and Administrative Services; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of S#rategic Services; A. Poffenroth, Deputy Commissioner of Building and Inspection Services; J. Fleming, Police Staff Sergeant; K. Clifford, Fire Chief; J. Taylor, Assistant Common Clerk; K, Tibbits, Administrative Assistant 1. Cal! To Order-- Prayer Mayor Norton called the meeting to order and Deputy Mayor Rinehart offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of February 11, 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehark RESOLVED that the minutes of the meeting of Common Council, held on February 11, 2013, be approved. Question being taken, the motEOn was carried. 2.2 Minutes of February 18, 2Q13 On motian of Councillor McAlary Seconded by Councillor MacKenzie RES�LVED that the minutes of the meeting of Common Council, held on February 18, 2013, be approved. Question being taken, the motion was carried. 3. Approval of�qenda On motion of Councillor Farren Seconded by Cour�cillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 17.1 Committee of the Whole: Atlantic Potash Corporation ("APC") �and Transaction {Presentation: McAllister Fertilizer Production Facility); 17.2 Committee of the Whols: Nominating Committee Recommended Appointments to Committees; and 17.3 Committee of the Whole: Nominating Committee Amendment to Council Resolution of October 29, 2012. Question being taken, the motion was carried. 17.1 Committee of the Whole: Atlantic Potash Corporation ("APC")— Land Transaction (Presentation: McAllister Fertilizer Production Facility) On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that 17.1 Cornmittee of the Whole; Atlantic Potash Corpora#ion ("APC"} — Land Transaction {Presentation: McAllister Fertilizer Production Facility), be moved forward on the agenda. 2 97- COMMOPI COUNCIfJCOIdSEIL COMMIJNAL FEBRUARY 25, 20131LE 25 FEVRIER 2013 Question being taken, the motion was carried. Referring to the submitted presentation, Mr. Keith Attoe, Executive Officer of Atlantic Potash Corporation (APC), explained that APC is exploring potash development and production opportunities in New Brunswick, adding that over the next 24 months the company will be focusing on the cievelopment of a specialty based fertilizer production facility in the McAllister Industrial Park. He stated that APC is proposing to build two fertilizer production plants on 100 acres of land, which is to include a urea, potassium nitrate and ammonium chloride facilify with a capita� investment of approximately $350,aoa,00Q. Mr. Woods provided an overview of the submitted option agreement which he noted will facilitate the development and will aliow APC to proceed with its due diligence process. He added that significant potential investment and overall spin-offs to the community and the entire province can be anticipated if APC is successful in moving this project forward. On motion of Councillor McA1ary Seconded by Councillor Farren RESOLVED that the City purchase lands bearing Service New Brunswick PIDs 337386, 370429, 55192207, 434225 together with approximately 3 acres of PID 434191 and 10 acres {approximately) of PIDs 434217 and 434209 as shown on the submitted plan from Saint John Industrial Parks Limited for the sum of $1.00 and that the Mayor and Common Clerk be authorized to execute an Agreement o# Purchase and Sale reflecting the terms and conditions outlined in the report dated February 21, 2013 and in a form acceptable to the City Solicitor; and further, That upon the completion of the said purchase, the City enters into an Option Agreement generally in the form as submitted with Atlantic Potash Corporation and that the Mayor and Assistant Common Clerk be authorized to sign the said Option Agreement. Question being taken, the motion was carried. (Mayor Norton withdrew from the meeting) {Deputy Mayor Rinehart assumed the chair) 4. Disclosures of Conflict of Interest 5. Consent Agenda 12.1 City Manager: Demolition of a Vacant, Dilapidated and Dangerous Building at 545G Victoria Street{tabled on Feb 11, 2013} On motion of Councillor MacKenzie Seconded by Councillor Farren RESOLVED that item 12.1 City Manager: Demolition of a Vacant, Dilapidated and Dangerous Building at 54-56 Victoria Street, be liffed from the table. Question being taken, the motion was carried. Ms. Poffenroth advised Council that there has been positive communication with a potential new owner of the property located at 54-56 Victoria Street, adding that the purchaser intends to completely renovate and subsequently live in the building. Ms. Poffenroth noted that this building is not structurally unsound but that it has been vacant for some time, adding that afthough it requires significant work it is possible that this building can be brougl�t back up to s#andard. Ms. Poffenroth noted that the closing date is mid-April, adding that the new owner intends to repair the building immediately upon taking possession. Ms. Poffenroth stated that the proposal is to allow time for the sale to go through and for the new owner to start the process of cfeaning up the property, obtain a building permit and to begin repairs to a point that the City is satisfied tha#the work will continue. On motion of Councillor Farren Seconded by Councillor MacKenzie 3 97- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 25, 20131LE 25 FEVRIER 2013 RESOLVED that as recommended by the City Manager, provided any of the following DO NOT occur within the specified time period: 1) title to the property bearing PID 376434- and known as civic number 54-56 Victoria Street— {the "Property"} is transferred to another owner by midnight on May 31, 2013; and 2) a building permit is issued to the owner of the Property by midnight on May 31, 2013 for work to be done on the building located on the Praperty; and 3) a reasonable amount of work has commenced to repair the building on the Property by midnight on May 31, 2013; Then, that ane or more officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law arrange for the demolition of the building located oR the Property in accordance with the City's purchasing policy, C�uestion being taken, the motion was carriecf. 1fi. Supplementaf Agenda On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that items 16.1 to 16.10 on the supplementa! agenda be lifted from the table. Question being taken, the motion was carried. 96.2 City Manager: Development Approval Process Review Mr. Woods notad that the submitted report sets out a process to allow the City to consult with the development community, adding that an integral part af the process is the redevelopment of the zoning and subdivision bylaws. Ms. Poffenroth explained that Council approved a "one-stop shop", or project team, in which deve[opment processes can be streamlined and developers can access one point of contact to obtain permits and other requirements to proceed with projects. She noted that bylaws and policy pieces will need to be amended andlor developed, and will be done with input through consultat�on with the development community. Ms. Poffenroth noted that there will be a number of feedback opportunities, including industry specific working sessions, small group discussions and telephone and email conversations. (Mayor Norton re-entered the meeting and assumed the Chair) {Councilfor Reardon entered the meeting} On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M&C 2093-026: Development Approva!Process Revrew, staff of Growth and Development Services engage the development industry in 5aint John to slicit their feedback with respect to opportunities and challenges with the existing development approval process in the City as outlined in the submitted report, Question being tafcen, the motion was carried. 6. Members Comments Council rnembers commented on various community events. 7. Proclamation 7.1 Freedom to Read Week - February 24 to March 2, 2013 The Mayor proclaimed the week of February 24 to March 2, 2013 Freedom �o Read Week in the City of Saint John. 4 97- COMMOIV COUNCIUCONSEIL COMMUNAL FEBRUARY 25, 20131LE 25 FEVRIER 2013 7.2 Nutrition Month - March 2013 The Mayor proclaimed the month of March, 2013 Nutrition Month in the City of Saint John. S. DelegationslPresentations 9. Public Hearings 7:00 P.M. 10. Consideration of By-laws 11. Submiss€ons by Council Members 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16.3 City Manager: Loch Lomond Rd (Russell St. to Westmorland Rd) -Water, Sanitary and S#orm Sewer Renewal and Road Reconstruction Referring to the submitted report, Mr. Edwards expressed the view that it is in the City's best interest to engage in direct negotiations with exp Services Inc. He stated that the direct negotiation process will provide the City with a high level of service, adding that he believes a competitive price can be negotiated with exp Services Inc, On motion of Councillor McAlary Seconded by Counciflor Reardon RESOLVED that as recommended by tfi�e City Manager in the submitted report M&C 2013-029: Loch Lomond Rd(Russell St. to Westmorland Rd) - Wafer, Sanitary and Storm Sewer Renewa!and Road Reconsfructron, notwithstanding that on December 17, 2012 Common Council resolved that the projects specified in the submitted repo�t from the City Manager entitled Engagement of Engineering Consultants - 2013 Capita!Program be sent to public tender and no#withstanding the City's Poficy for the Procurement of Goods, Services and Construction, Common Council authorize staff to conduct negotiations with exp Services fnc. to carry out construction management services#or the Loch Lomond Road (Russell Street to Westmorland Road) -Water, Sanitary and Storm Sewer Renewal and Road Reconstruction project. Question being taken, the motion was carried. '�6.4 City Manager: Roundabout at Simms Corner On motion of Councillor Norton Seconded by Deputy Mayor Rinehart RES�LVED that as recommended by the City Manager in the submitted report M&C 2013-024: Roundabouf af Simms Corner this report be received for information. Question being taken, the motion was carried. 16.5 City Manager: Trucks on Chesley Dr. and Douglas Ave. Ms. Tompkins clarified that the Motor Vehicle Act provides the local authority to regulate provincialiy designated highways, adding that amendments to the Traffic By-law can be undertaken without prior notification to the Province, however, she explained that the amendment is not valid un#il appraved by the Registrar pursuant to the act. On motion of Councilfor Reardon Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report M&C 2013-025: Trucks on Chesley Dr. and Douglas Ave. this report be received for information. Question being taken, the motion was carried. 16.6 City Manager: Acting City Manager On motian of Councillor McAlary 5 97- COMMON COUNCILICONSEIL COMMUNAL FEBRUARY 25, 20131LE 25 FEVRIER 2013 Seconded by Councillor Farren RESOLVED that in the absence of the City Manager, J. Patrick Woods, appoinfinent to the position of Acting City Manager is hereby made of Bill Edwards and Jacqueline Hamilton, in accardance with their respective availabiEity and the matters anticipated to require attention in the City Manager's absence, with the City Manager to administer the arrangement. Question being taken, the motion was carried. 16.7 City Manager: Proposed Municipal Services Easement 404 Mount Pleasant Ave. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M&C 2013-028: Proposed Municipa!Services Easement 400 Mount Pleasant Ave., Common Councif assent to the submitted photo- reduced Ruth Koven Subdivision plan at 400 Mount Pleasant Avenue with respect to the proposed municipal services easement. Question being taken, the motion was carried. 16.8 City Manager: Purchase and Sale Agreement Portions of Civic Number 40 and Number 42 Loch l.omond Rd. On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that as recommended by t�e City Manager in the submitted report M&C 2093-027: Purchase and Sale Agreement Porfions of Civic number 40 and number 42 Loch Lomond Rd.: �. a) The City of Saint John purchase an 18,83 square metre t portion of the property shown on the submitted plan, known as civic number 40 Loch Lomond Road, also identified as PID Number 316125 from 516111 N.B. Ltd. in accordance with the terms and canditions contained in the Offer of Purchase and Sale submitted with report (M&C Number 2013-27); and b) The City of Saint John acquire a 13.59 square metre t "Temporary Construction Easement" over the property described in paragraph (1a}from 5��11 N.B. Ltd. in accordance wjth the terms and conditions contained in the Temporary Working Room Contract submitted with report (M&C number 2013-27); and further 2. a)The City of Saint John purchase a 13.37 square metre ± portion of the property shown on the submitted plan, known as civic number42 Loch Lomond Road, alsa identified as PID Number 55963422 from 5161�1 N.B. Ltd. in accorciance with the terms and conditions contained in the Offer of Purchase and Sale submitted with report(M&C number 2013-27); and b) The City of Saint John acquire a 7.0 square metre ± "Temporary Consfruction Easement" over the property described in paragraph (2a) from 516111 N.B. Ltd. in accordance with the terms and conditions contained in the Temporary Working Room Contract submitted with report (M&C number 2013-27). 3. That the Mayor and Common Clerk be authorized to execu#e the necessary documents. Question being taken, the motion was carried. 16.9 City Manager: Street Dedication - Peel Plaza 16.9.1 Street Dedication - Peel Plaza (City Solicitors Office) On motion of CounciElor McAlary Seconded by Deputy Mayor Rinehart RES�LVED that as recommended by the City Manager in the submitted report Street Dedication - Pee!Plaza, the City cause those portions of PID Numbers 37499, 37481, 55208326, 37457 and 55204846 identified in the subdivision Pfan titled "City of Saint John Subdivision, Peel Plaza, City of Saint John, 6 97- CQMMON COUNCILICONSEIL COMMUNAL FEBRUARY 25, 2Q131LE 25 FEVRIER 2013 Saint John County, New Brunswick" dated January 29, 2413 and prepared by Wade M. MacNutt, NBLS number 384, a copy of which is submitted to the report to Council dated February 21, 2013, to vest as pu�lic street and become Peel Plaza; And further that the Mayor and Common Clerk be authorized to sign the Subdivision Plan on the City's behalf to effect the said street vesting. Question being taken, the motion was carried. 16.10 Commissioner of Finance: Capital Financing His Worship the Mayor gave the following Notice of Motion. "I do hereby give No#ice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: On motion of Councillor McAlary Seconded by Counciflor Merrithew RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: The City of Saint John Proposed issue of Debentures To Be Dated On or After March 28, 2013 Purpose of Issue General Fund General Government $ 500,000 Protective Services $ 6,300,000 Transportation Services $ 2,000,000 Economic Developmen# $ 1,000,000 Parks and Recreation $ 500,000 14,30a,000 Water& Sewerage Utility Water System $ 500,040 Wastewater System $ 10,500,000 11,000,000 Saint John Parking Commission 9,000,000 Total 30,300.000 THEREFORE RESOLVED that debentures be iss�ed under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of$ 30,300,000. Question being taken, the motion was carried. 17. Committee o#the Whole 17.2 Committee of the Whole: Recommended Appoinfinents to Committees On motion of Deputy Mayor Rinehart Seconded by Counciilor McAfary RESOLVED that as recommended by the Committee of the Whole, having met on February 25, 2013, Council makes the following appointments to Committees: Fort LaTour: Notwithstanding the policy adopted by Common Councif on October 29, 2Q12 regarding appointments to agencies, boards and commissions, ta re-appoint Councillor Farren for a term from February 25, 2013 until the end of his current term on Council; to re-appoint Helene Williams for a one year term from February 25, 2013 until 7 97- COMMON COUNCILICONSEIL CDMMUNAL FEBRIJARY 25, 20131LE 25 FEVRIER 2013 �ebruary 25, 2014; and to appoint Beth Kelly and Lorne Daltrop each for a one year term #rom February 25, 2013 until February 25, 2014. Saint John Transit Comrr�ission: to appoint Councillor Reardon for a term from February 25, 2013 until the end of her current term on Council. Question being taken, the motion was carried. 17.3 Committee of the Whole: Amendment to Council Resolution of October 29, 2012 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, ha�ing met on February 25, 2013, Council amends Section 2 of the Councif resolution of October 29, 2012 pertaining to recommended changes to agencies, boards and commissions by adding: Council has the autharity fo re-appoint a member who has served for a period of six or more years on an agency, board or commission, if not doing so poses a potential negative impact to either operations or a specific project of the said agency, board or commission. Questian being taken, the motion was carried, 16.1 Presentation: Introduction Business Case Methodology- Public Private Par�nerships (Forwarded from �eb 21, 2013) Mr. Woods explained that the City has formally begun the process to evaluate the P3 option to pursue the safe, cfean drinking water program, adding that this is a significant investment of over$200,000,000. He explained that the P3 mode{ offers a range of options and approaches and noted that not all projects benefit from a P3 approach, Referring to the submitted presentation, Ms. Joanne Mullin from Price Waterhouse Cooper provided a teach-in on the P3 model to members of Common Council. Ms. Mullin provided information related to the public private partnersF�ip procurement method, business case and value for money methodology. Upon conclusion of the submitted presentation, Ms. Mu{lin responded fo questions from Common Council. 18. Adjournment On motion of Councillor Norton Seconded by Councillor Farren RES�LVED tha#the Gommon Cauncil meeting of February 25, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:55 p.m. Mayor 1 maire Assistant Common Clerlc 1 greffier communal adjoint 8 ; ,._ 1`�IJ��L��J_!r�, r��i..� �a..�u�l�lJ_��1_�l1�T �a.�' CJ��T�a._��J � � ;o'� C:i� M & c - #Zai3-32 February 27, 2013 City oP Saint John His Worship Mayor Mel Norton and Members of Cornrnon Council Your Worship and Councillors: SUBJECT: Amendment to Terms and Conditions with Potcntial Shannex Development- Gorman Arena Property BACKGROUND: At its meeting held on February 11, 2013, Common Council adopted the following resolution: "1. Cornmon Council deem the property identified as civic number 80 University Avenue, bearing SNB Parcel Identifier Number 42036, excluding the immediate area including and surrounding the Charles Gorman Arena, as illustrated an thc plan submitted with the report to Cornrnittee of the Whole dated January 29, 2013 to be surplus to the City's needs (the "Subject Lands"); 2. The City consent to the application by Shanncx RCL Limited for an amendmcnt to the Municipal Plan and a rezoning of the Subject Lands, on the express condition that the City is not explicitly or implicitly obligated to approve any such amendment to the Municipal P1an or thc rezoning; 3. The City grant to Shannex RCL Limited,by its authorized representative or agents, a right of access to the Subject Lands for the pu.rpose of carrying out such inspections, surveys, testing's and environmental audits as Shannex RCL Limitcd shall deern necessary, on the terms and conditions set out in the Early Access Agreement submitted with the report to Committee of the Whole dated January 29, 2013; 4. The Mayor and Common Clcrk be authorized to execute the said Early Access Agreernent on the City's behalf" It has since been brought to staff's attention that Shannex wishcs to have the above noted processes fall under a different corporation they use for their land acquisitions/approval processes. This corporation is SHX Developments Limited. The following resolution was drafted by the Legal Department and amends the 9 Gorman Arena Property - 2 - Februaty 27, 2013 above noted February 11, 2013 resolution to reflect the proper corporation with whom the City will be contracting. RECOMMENDATION: That the Common Counci] resolution adopted February 11, 2013 rcgarding the potentia] sale of a portion of City owned property, located at civic #8Q University Avenue (known as Gorman Arena sitc}, be amended by deleting aIl references to "Shannex RCL Limited" and replacing them with "SIIX Developments Limited" with the rest of the resolution remaining the same. Respectfully submitted, ,�) � ,� �� C`r'reg Yeo az�s � ommissioner o inance and Administrative Services �� a ick Woods Managcr Attachment CL/c 10 � � �`��, r;� ��r±��_I`V�.�'��T � ��!�� . � � � �l''��`a��,�� :o� M&C-2013-030 � February 22, 2013 City of Saint john His Worship Mayor Mel Norton and Members of Common Council Your Worsl�ip and Cauncillors: SUBJECT: Proposed Public Hearing Date 835 Loch Lomond Road and 4207-4211 Loch Lomond Road BACKGROUND: As provided in Common Council's resoluiion of August 3, 2004, this report indicates the rezoning and Section 39 amend�nent applicaEions rcceived and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's offce and will form part of the documentation presentcd at ihe gublic hearings. The following applications have been rcccived. Name of I,ocation Esisting Proposed Reason Applicant Zone 7,one Chris Scholten S35 Loch Lomond "B-2" Scction 39 To permit a Road convenience store,gas bar, car wash and restaurant John Charles 4207-4211 Loch `B-2"& `B-2"& 'fo permit ex- Kilpatrick- I.onnond Road "RS-l" Sec.39 pansion of the Kilpatrick cxisting building House inc. for a liquor store and to recognize an existing parking area RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Sec�ion 39 amendment applications of Chris Scholtcn(835 Loch Lomond Road}and John Charles Kilpatrick—Kilpatrick House Inc. (4207-4211 Loch Lomond Road} for 11 � M&C—2013—030 -2- February 22,2013 Tuesday,Apri12,2013 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, � �� - � _ Amy Poffenro trick Woods, CGA Acting Commissioner City Manager 12 BY-LAW NUMBER C.P. 110- A.RRETE N° C.P. 110- A LAW TO AMEND ARRETE MODIFIANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil Jobn in Common Council convened, as communal, The City of Saint John a follows: decxete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint 3ohn enacted ozt the nineteenth day of of Saint John, decret� le dix-neuf (19) December, A.D. 2005,is amended by: d�cembre 2005, est modifi�par: 1 Amending SchedUle "A", the 1 La modification de 1'annexe «A», Zoning Map of The City of Saint Johxt, by Plan de zonage de The City of 5aint John, re-zoni.ng a parcel of land having an area of permettant de modifier la d�signation pour approxi.mately 35 hectares, located adjacent une parcelle de terrain d'une superficie to 460 Latimore Lake Road, also identified d'environ 35 hectares, etant adjacente � as being a portion of PID Nos. 55214332, celle situ�e au 460, chemin Latimore Lake, 00334599 and 00333419, from "RF" Rural et formant une partie des NID 55214332, to "PQ" Pits and Quarries 00334599 et 00333419, de zone rurale «RF» �zone de cazxieres «PQ » - all as shown on the plan attached hereto -toutes Ies modifications sont indiqu�es sur and fornung part of this by-law. le plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corpoxate a fait apposer son sceau comrnunal sur le Common Seal of the said City to be aff'ixed present arret� le 2013, to this by-law the * day of *, A.D. 2013 avec les signatures suivantes : and signed by: Mayor/Maire Common C1erk/Greffi�r�comrnunale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisi�me lecture - 13 PKOPOSED ZQNING BY-I,AW PROJET DE MODIFICA'1'ION DE L'ARRETE AMENDMENT SUR LE 70NAGE RE: LANDS ADJACENT TO 460 LATIMORE OBJET: PROPRIET�ADJACENTE A CELLE I,AKE ROAD STTUFE AU 460,CHEMIN LATIMORE LAK�: 1'ublic Notice is hereby given that the Common Par les pr�sentes, un avis public est donne par Council of The City of Saint John intends to lequel le conseil communal de The City of Saint consider amending The City of Saint John Zoning John indiyue son intention d'etudier la modification By-law at its regular meeting to be held in the suivante a 1'arrete sur le zonage de The City of Counci] Chamber on Monday, March 4, 2013 at Saint John, lors de la r�union ordinaire qui se 7:00 p.m.,by: ticndra dans la salle du conseil le lundi 4 mars 2013a19h : Rezoning a parcel of land having an area of Rezonage d'une parccl�e de terrain d'une approximately 35 hectares, located adjaccnt to 460 superficie d'cnviron 35 hectares, etant adjacente a Latimore Lake Road, also identified as being a celle situ�e au 460, chemin Latimore Lake, et portion of PID Nos. 55214332, 00334599 and formant une partie des NIC) 55214332, 00334599 00333419, from "1tF" Rural to "PQ" Pits and et 00333419, de zone rurale «RF» a zone de Qaarries, as illustrated below. carrieres «PQ», comme le montre Ia carte ci- dessous. {INSERT MAP} {]NSERER LA CARTE) 1tEASON FOR CHANGE: RAISON DF,LA MODIFiCATIQN: To permit a gz-avel pit. Permettre 1'exploilation d'une carriere. The proposcd amcndment may be inspected by any Toute personne interessee peut cxaminer le projet interested person at the of�ce of the Common de modification au bureau de la greffiere Clerk, or in the ofFice of Planning and communale ou au bureau de I'urbanisme et du Dcvclopmcnt, Cit}� Hall, 15 Market Square, Saint aeveloppement a l'hotel de ville situe au 15, John,N.B. between the hours of 8:30 a.m. and 4:30 Market Square, � Saint John, au Nouveau- p.m., Monday through �riday, inclusive, holzdays Brunswick., entre S h 30 et 16 la 30 du lundi au excepted. vendredi, sau.f les jours f�ri�s. Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de to the undersigned at City Hall. modification par �crit a 1'attention du soussignc a 1'hotel de ville. If you require French services for a Common Si vous exigez des services fran�ais pour une Council meeting, please contact the office of the rcunion de Conseil Communal, s'il vous plait Common Clerk. contacter le bureau de la greffi�re communale. Elizabeth Gormlcy,Common Clerk Elizabcth Gormley, Greffiere communale 658-28G2 658-2862 14 � N � � � � ' � . � � Q � . 15 • • ' � - • � � � � • � • � • [aussi disponible en fran�ais) Type of Applicatian ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar/Compatible Use [�"' Zoning By-law Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change/Re-establishment of ❑ Zoning Confirmation�.etter ❑ �.etter for Liquor Licensing Non-Conforming Use Contat#lnformation Name of Applicant � " �'4 d� � 1 Mailing Address of Applicant(with Postal Code) yl r s , ��. � Home Telephone Number �3�., � "L 5 � _ Work Telephane Number�� t7" � U � � Falc Number ��C °° �. (� `�. �i _ E-mail '�`�11.1�1 U.l,! �Lh,_T G�Ys� �(��,'�''�k�� f�J-f' , C� Name of Property Owner(if different from applicant) �1 �� ,L � N l� S I J C , Mailing Address(with Pastal Code) % �� ''� � Property Information 5 ��l t'r'3 � �- �[ i� / r, - �3 �+5' tii �t 33 � ' I��i�ns�. Location �� c U�L M r `� r U � "� 1�'�'��'^� �� =� � Civic# Street PID Existing Use of Property 1I If.�(�� Utr � Proposed Use of Property� ' 1^ Existing Plan Designation of Propetry .,5� r�Proposed Plan Designation of Property v1"U't.. Existing Zoning of Property 4� N Proposed Zoning of Property� Description of Applicatian Describe what you propose to do{attach additional pages if necessary). � �y�-��, �,Q, �'`' "T V� ' ^ � I� a �- , vZ ✓� le I + � a .h 1� �S� .� � �� i`� N�TE:If the applicant is NQ�'the ow r,the Owner's signature or authorization(in writing)to submit this application is required. ° Signature of Applicant Signature of Owner � Date �_�� '� i _ Date For Office Use Only Reviewed by Date Deve]opment Officer Tnformation Accompanying Application: ❑ Letter of Intent ❑ 3'entative Su6division Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Draw�ngs ❑ Fee ❑ Other �I � Q�d � °�. � P.O.Box 19715aint John,N8 Canada E2L 4L1 www.saintjohn.ca C.P.I971 Sai n.N.-6.Canada E2L 4L1 a 1AN '�122013 S T �OE�N �qw ciry atselm b4n 16 ��' O �F SAI��S January 22, 2013 City of Saint John Growth &Development Services P.O. Box 1971 Saint 3ohn,NB E2L 4Li Re: Rezoning Application-Lands Adjacent to 460 Latimore L�ke Road The attached plan outlines the area to be rezoned and shows the acccss location for the operation. The inf�rmation and drawings provided with the application were prepared for the earlier rezoning application for the site which occurred before additional lands were secured. At that timc P1anSJ was yet to be adopted, but the Growth Strategy had dcsignated this area as an area that could be used for aggregate extraction purposes. This was reflected through the Rural Resource designation adopted by the Municipal Plan. �'. Sincerely, "' ,'. �` •; , � � #�� - ; . , �..�-.-.. - ,�,. , Steve Langille 17 . � . , .�• k�u •1 � ` ��!�, � � � ��, r� f .'s?��l �� ` � �� ` � � t� ` x. � � � \ �. i. "i' s�\tii �``'�" .^ �•� \� � �,.. .�— . � ti � � �� -��,'''�:.��.`±�i�',., �� , � y.�,r,�- � \ ` ��.;r'� \� �".,-:'� � \ � �` .� ,, � `�^ .�. '�:.''• � � � . � +•`Y. �j ` �� 4� .at \ � ` r r -X:'�•x ' �y` ` � ��f :�`�c—�, � }��. �• � ! `� , `` •` 1 -- ,� . �� . _ � = �, � , ,� �� y} � . �`� ��'��; ��y� �� '� � � � ,'�� '/ 1 ` ��} ,� �!' 1 �4 , ... \.`+ � � �� i � � �'1 � � � y� •.� ��{�� t��+,��✓ � \ \ � �` � ; , � � .��,� � �� , `'. � � � �., -.` , `��- . i' � � � � �: �� :� � ,�, � � ,� ��.� �.. � * "� '��\ � . " py� , � y 1 `l � � � ``� � � ; ;t + ` ti ��' �y � � '� �ti ',t ` v �., � � `\, ''� `` 1 � / \ \ \ /f � \ h ! � ti �� , � `i f`K4 � � � � t � �� '� �` � \ � � tiy� �� 1 �, � `-� ,` �.�: � ` � ; � � - �,. `, � � � �. '�. � . �'_. � , � ; �, � ._ , �� . _ - � � :, � 4r 1- `�,^ '.,� � r�. ♦ ` \ \ `i � . ii � �� w: � �`, �\ *�� r .'a �.�`'• .1�'•. � ``` `�, _ - � ��, .� �� +y\ � ; �� i� � ,,'� ` \\ s\ _ � `: �1 _�,.:'�.� .:� �� ;`�� '... 1 �� r' , \ �.� a.� \` \ � R� � r'.,� � �. �� r\ ,�. \ � � ` � � �` ti �.,\ � �, ,,,`� , �� i \ � �� .\ '� i � �C`� ,!' f � � � •, i � � � ' ' � , �:�°�.` � Copyright 2011 The City of Saiirt John.A!I rights reserved.UUed Jan 23 2013 90:Q4:1 B AM.� � , i �'� (A. � �' �' �, .� i� � � G� � r � �� 18 GEN IVAR Fundy Bay Sand & Gra�el Inc. Rezoning Technical Report May 24, 2011 SJ1Q02D www.genivar.com 19 `� GENNAR Table of Contents 1 Intraduction ................................................................................................ 1 2 Site Area and Adjacent Development......................................................... 2 3 Extraction Plan and Mitigation Measures................................................... 4 3.1 Production /Extraction Levels between Existing and Proposed Pit..............4 3.2 Access-�-�.....................................................................................................4 3.3 Method of Excavation................................................................................... 4 3.4 Vegetated Buffers...............��----................__._...............................................4 4 Requested Appro�als....................................... ....... 5 ................................... 5 Supporting Arguments................................................................................ fi 5.1 Crushed Rock Tender Prices.......................................................................6 5.2 Surrounding Pit and Quarry Operations ....................................................... 8 5.3 PIanSJ ..................��--•--.....................------..................................................... 8 6 Conclusion ................................................................................................. 1 Appendices Appendix A - Existing Topographic Plan Appendix B - Past-Extraction Elevations Appendix C - Development Concept Appendix D - Letter Regarding Access Municipal Approvals May 24,2011 Technical Report Fundy Bay Sand&Gra�el Inc. 20 P�ge i � GENIVAR 1 Entroduction Fundy Bay Sand &Gravel Inc. is requesting a rezoning for two properties (PIDs 00334599, 04333419) located off Latimare Lake Road. These properties are presently owned by 515129 NB Inc., however Fundy Bay Sand 8 Gravel has leased the rights to extract materiafs from the prope�ties_ In order ta facilitate the use of this land for a pit, our client nesds to rezane a portion of the properties from the RF(Rural)Zone and RS-9 M (One and Two Family Mobile Hame Suburban Residential)Zone to the PQ {Pits and Quarri�s)Zone. Typically, the biggest issues associated with pits and quarries relates to the naise, dust and traffic that can impact adjacent properties. The Zoning By-law establishes a number of standards with the intent of mitigating or com- pletely eliminating these issues. Based on the direction Qf our client we have prepared an extraction plan (Appenclix 8)that meets the requirements of the Zoning By-law and will minimize adverse impacts on existing residents. Given the relatively undeveloped nature of the area, additional measures to be under- taken by our client and restrictions on future residential development in this area, we are of the apinion that the proposed pit operation meets the intent of the Zoning By- faw and Municipal Plan and should therefore be approved. 7he subsequent sections of this report will describe the site, adjacent development, the extraction plan, relevant Zoning By-law standards and provide additional rationale as to why the project should be approved. Municipal Approvals May 24,2011 Technical Report Fundy Bay Sand&Gravel f nc. Page 1 21 � GENNAR 2 Site Area and Adjacent Development The site is located off Latimore Lake Road aRd behind Lackie Road. For the most part there is little to no develapment surrounding the subject properties_ Illustrated in Fig- ure 2.1 are#he distances of the proposed extraction area from the surrounding resi- dential land uses and Latimore Lake Road.The shortest distance between the pro- posed exca�ation site and surrounding residenfial land uses is nearfy 240 m (7$7 ft). This is a notably greater distance when compared to the 950 m (492 ft)setback re- quired in the Zoning By-law. It is also important to note that the 240 m {787 ft) buffer is compflsed of predominantly undisturbed woods,which will work effectively in mitigat- ing noise and dust. Flgure 2.7:Site Location �y•. - - ir.• i: - . ,,, ' :. ' �t_:.:,,;a ;.�' � ,j,� -'t�; . �.a �, _ �j• . ,y;,• ,� • , � .• ��'��•y! =y� !� �ti �=�'�,� ` ��j!L' , r•�.°p .. ` � q • f'� _ ' ,-, *`1`f��yr�; `I 1''f' � ` '� �� ••: ,� ''� t I '•♦1��+ t �Y �. r � � �-� . ��id�. `��(r! 4 / ~ - \� 'rn c.��' , � . •.\• r. .1 . 't _ . . � .�c" �. . . � ' .1/� .,��'.1 r �-'1! � I -1 � t:�.�- Aree�to�be -:�.,' 'Rezoned � ..,a .�.�� - � ��, •� •!� � '� 1 wt ' , �� ` ;;r • ' `� � \ / .. p � - 1F:xi:;�i�u �it (� V� � �,' �� ' � . � lQ ± . Municipal Approvals � •'' � � �� May 24,2011 s�.� �;< < � � ��'��;�`J� . Source: GeorvB nnap viewer�h��.�llqeonb.snb.calgeanbl� Technical Report Fundy Bay Sand&Gravel Inc. Page 2 22 � GENIVAR Figure 22, illustrates the surraunding land uses and the area ta be rezoned.The ma- jority of properties abutting the proposed site are zonec!Rural while a few are zoned Rural Residential.West of the subject site is an active pit and quarry, which is cur- rently owned and operated by our clie�Ys father.As outlined in Section 3 of this re- port, our client will reduce the extraction activity of the existing operation as he begins extraction on the propased site.The end result will be no net increase in extraction ac- tiviky. For instance, if he is extracting 10 acres on the proposed site, his extraction ac- tivity on the existing site wiil reduce by 10 acres during the same timeframe.Addition- ally, our client has indicated that he will limit the extraction to 10 acre area at any one time. This would result in a relatively small active excavation area when compared to other operations.We understand that a similar restriction has been put in place on a pit located on Red H�ad Road. Neighbouring the existing pit operated by our client's father are remnants of an old pit that no longer appears aperational. Given the relatively rural and undeveloped nature of this area and the fact that a pit presently exists within close proximity,there is sufficient evidence to suggest a pit or quarry can exist wiEh little to no impact on adjacent land uses. Ftgure 2.2:Proposed Pit Site and Surraunding Land Uses 7R � � �_ �� , .d` �� rz� '�� f�' , �� , ;' , .� " '-- ` _,,� '' � — - - " t ,\ ` � � 1 \ .. ` I \ „ � , � \ - �. _ ) II- Af^9(0 D1! -- -� neZO��e� ' � lA I , A f � \ + '� � � �, . l �p�6• ` . co'�co � � �.C��„ '� _ �� • � 'R�" � , � MunicipaJ Approvals '•, , . SURROUNDING LANQ U5E&- LEGEND � May 2�4,2011 H�' Residantial W Rursl � Inat�tutlonel Technical Report � Pits end Quarries w� Pprk '^� Area fo he Rezoned —�'� " Fundy Bay Sand&Gravel Source:GeoNB Map Uewer{httpylaeonb.snb.calaeonbll,Cily of Saint John Zoning Map Inc. Page 3 23 � GENI�AR 3 Extraction Plan and Mitigation Measures Our client's analysis has shown that the properties feature a sizeable amount of qual- ity aggregate. The intent of the proposed rezoning is to allow our client to extract the quality gravel for sale.As part of our applicatian we have prepared a topographic plan showing the existing ele�ations (Appendix A), along with the post extraction elevations (Appendix B). Appendix C provides the development concept of the proposed pit, highlighting the buffer areas, toe of slope and area to be excavated_ !n total, our client has the potential to extract approximately 1,299,360 m3 of quality aggregate from the site. Though the exact timeframe for extraction is presently un- known, our client understands the requirements of fhe City of Saint John and will be required to apply for a pit and quarry permit on an annual basis. The following subsec- tions will outline the various measures that will be taken by our ciient to rr2inimize po- tential land use con�lic#s. 3.1 Production/Extraction Levels between Existing and Proposed Pit Ta help mitigate traffic, noise, and dust levels our client would maintain his current production level but divide it between the[wo pits_This will result in no net increase in extraction activity in the area.Additionally, this wil!no#create any increase of heavy truck traffic along Latimare Lake Road_ 3.2 Access To limit the number of road accesses on Latimore Laice Road, the propossd pit wauld obtain road access through the existing pit lacated an PID OD334565. Our client has afready received a letter of consent from the property{PID 00333385)owner between the existing pit and the proposed pit to allow pit traffic to cross over her property{Ap- pendix D). Pit and Quarry regula#ions require that the first 3�m (9$.4 ft)of any access road be paved. Presently, 400 m {1,312 ft)of the existing haul road is currently paved and our client is prepared to pave another 400 m (1,312 ft}to help further mitigate dust levels_ The 800 m {2,624 ft) of paved road will significantfy reduce any potential impact of dust on Latimore Lake road and the residential praperties accessing it. 3.3 Method of Excavation �ur client intends to start excavating at the furthest point(south western corner)from residential development and finishing at the closest(narth eastern corner). This will al- low the existing hill and subsequent slope to act as a buffer between the excavation and residential developrnent furEher northeast. !t is alsa important to note that the pro- posed pit will be limited to gravel excavation and will not include any quarrying or blasting to help mitigate noise and dust levels. 3.4 Vegetated Buffers Another important detail i�the overall extraction plan is that our client intends on leav- ing a significant portions of the properties undisturbed. The large undisturbed portions of the properties feature mature vegetation and will act as a vegetated buffer around the proposed pit which will help mitigate noise and dust levels. Municipal Approvals May 24,2011 7echnical Report Fundy Bay Sand&Gravel Inc. Page 4 24 �" GENNAR 4 Requested Approvals En order to proceed with the proposed pit, our client will need to amend the City's Zon- ing map. Presently the site is zoned RF{Rural)and P5-1 M (One and Two Family Mo- bile Home Suburban Residents). In order to develap a pit the site needs to be rezoned Pits and Quarries (PQ).The policies outlined in the Municipal Plan and standards from the Zoning By-law are intended to limit the development of pits and quarries based on locafion, specifically its proximity to adjacent land uses and significant envi- ronmental areas.As previously discussed, the property is primarily surrounded by ru- ral zoned land. The following is a breakdown o€the variaus setbacic requirements as provided from the City's Zoning By-law compared to the proposed site plan: : , . . - :. . • . : . Control � Requirement Pr�vitle� !- �ont�rman�e Setback from Rasidentialll� Zoned property or Pxisting 150 m 238 m Yes dwellings at the time �f a hcati��r� Se±baLk from Other ZonES 30 m 30 m Yes Setback fr�m Publi�Rua� 30 m 483 m Yes Setbatk from Frope�ty 30 m 30 m Yes Line of Excavation �ite As is shown in the above table, the proposed pit operafion will meet all of the required setbacks and in two instances substantially exceed the required setbacks. Municipal Approvals May 24,2011 Technical Report Fundy Bay 5and&Gra�e! Inc. Page 5 25 � GENNAR 5 Supporting Arguments 5.1 Crushed Rock Tender Prices Based on discussions with our client, the market for crushed rock in Saint John has become increasingly competitive in recent years due to an increase in bidders. This competition has been directly reflected in the price of gravel as shaw� in the table and graph below. This data shows that the increased competition has had an impact on the price of the materiaf, which results in savings for the City ancf construction industry in Saint John.Table 5.1 provides the comparison of various bids while Figure 5.1 graphically shows the changes in price. , . - . > Tender{Year) #ot Bidders Companies � �rice 1 Yonne 2805 1 Com an B $10.59 2006 2 Com an A $8.00 Com an B $10_39 2007 Z Compan A $8.50 Com an B $7.19 ��8 2 Com an A $8_50 Com an B $8.49 2009 2 Company A $7.19 Com an B $7.98 Com an A $7.20 2070 3 Com any B $8.19 Company C $8.75 Flgure 5.1:Grushed Rodc Winning Prices(20Q5—2070) 532.�0 __ _, 510.00 ---------_........__.�_ �_._.� �___ .—_. � 58.40 � $6A0 �Winning Bid $4.OQ $2.U0 $Q.QO ---� 2DQ5(18id) 2006(2 B�ds� 200T(2 Bfdsy 2008(2 Bids)2009{2 BYds}2�16(3 Bids� Based on geotechnical testing, the aggregate in the proposed pit is predaminantly high quality gravel that can be crushed into a variety of products that could be used Municipal Approvals both for municipal and private projects. Tables 5.2 and Figure 5.2 illustrate the rise in costs for City T'ender Gravel whife Table 5.3 and Figure 5.3 provide the tendar prices May 2q,2011 for Crushed Gravel from 2005 to 2010.These are the same products our client would be looking to extract from the proposed pit. Technical Report Fundy Bay Sand&Gra�e! I nc_ Page 6 26 � G�ENNAR . . . - . . . - . . Tender(Year) I.ocation #of Biddera Companies i Price 1 Tonne �-- 2�� East 1 Company R $2.50 West U - - 2006 East 1 Com an D $3.00 West 0 - - East 1 Company D $3.25 2007 West 0 - _ 2�� East 1 Company D $3_75 West 0 - - East 1 Company Q $4.00 2009 West 1 Company A $7.95 2010 East Q - - West 0 - - Figure 5.2:City Tender Gravael Prices{EasR Saint John) 54.56 ----- --- - .__ _� __.�..�..�----------- ----- 54.00 --- 53_50 � S 3.00 I $2.Sd 52.DD _—--.. ?Vyinnmg eid 51.50 S1A0 I $0.50 <, SR.UO --. -, 1405�1 Bid} 20D6(1 Bidf 2007(1 Bids] 20D811&ds} 200sJ(18�d�E ZQ1Q�Q�ids1 . � � • • � . . � c� a Tender(Ysar} Location #of Bldde�s Gompanles Price►Tonne 20�$ East 1 Cam an D $4_45 West 0 - _ 2fl0s East 1 Com any D $5.00 West 1 Com an A $8_00 2Q07 East 1 Com an D $5.25 West 1 Com an A $8_00 2008 East 1 Com an D $5.50 Municipa!Approvals West 1 Com an A $9.00 20D8 East 9 Company D $6.50 May 24,2011 West 1 Com an A $7_95 East p Technlcal Report 2010 y�est 0 - - - Fundy Bay Sand&Gra�el I nc. Page 7 27 � GENNAR Figure 5.8:Crushed Grerrel Tender Prices{Eastem Saint John) _ _. - - _. - , 57.00 _,. ..... _. 56.00 Ss.00 - .__ $4.00 53-00 ■Winn�n�B�d S 2.00 5i.00 ' $b.0� 2005(!BrdJ d006(18+d) zpQ7[]Bidb}2pq${i sidsl 3�il Bfds]2010{0 Bids� As is shown in the previous tabfes and figures, very few companies have bid on mu- nicipa!gravel tenders over the last five years and last year there were no bids for these tenders. From 2D05 to 2409 only one firm bid and won these tenders in eastem Saint John. Our cfient believes greater competition within the market will help the City reduce costs for this specific type of product. 5.2 5urrounding Pit and Quarry Operations Within the surrounding area of the proposed pit are four other pits.The existing pit presently operated by our clienYs father is active; however,two pits further east of the si�e have significantly reduced their production while the pit to the west of the site has been inactive for approximately f�fiteen to twenty years.As previously discussed the proposed pit would not involve any additiona!accesses to Latimore Lake Road and our client will decrease production from his existing pit to a feveE where there is no net increase in extraction activity between the existing and proposed pits. 5.3 PlanSJ The City of Saint John is currently in the middle af preparing a new Municipa!Plan. Part of this process involved the creation of the recently approved Growkh Strategy. The Growth Strategy is intended to he�p direct growth wifhin the city for the next 25 years.An area identified as the Primary Development Area is intended for most em- ployment growth and approximately 95%of all new residential development.Areas within the Primary Development Area intended for employment gmwth are ident�ed as Places to Work&Shop while areas intended for residential clevelopment are identi- fied as Places to Live. The rrEajority of these areas are in and around Uptown,the Uni- versity of New Brunswick,the North End, the West End, Fairville Boulevard, and around the intersectien of Westmorland Road and McAllister Drive. Shown below in Figure 5.1 is the Eocation of our clienYs property in relation to the Growth Strategy.The proposed pit falls within the"Green Lands"designation as does Municipa!Approvals the properties surrounding the site.The Growth Strategy indicates that there should be little to no residentia!development within these areas.They are intended to be un- May 24,20'!1 developed with limited land uses such as parks or resource extraction areas. Included within the"Green Lands" is the recently developed subdivision off Estate Drive which Technicar Report indicates this subdivision ar any other residential area will not be expanding. Fundy Say Sand 8�Gravel Inc_ Page B 28 � GENNAR Figure 5.1: Growth Strategy MappEng , =toreet FflllaJ Lakewaod . '"'}-�'� r ,l � , �"� 4 l ' �1 � .,! 1'--- ,` ✓•• � _ .� _ ... � 1 �, �...•-y �. ° � �� , �. � �, �, � � i_ 2 � �� ,,� � 1 �� r�. � -� , �" - �� , Approximate Location �,,�,� ' �. of proposed Pit; � � � � i �' , � ` �L � ) ' � � Green Lands ❑ Suburban Opportunity Areas Aveas uf Stability or ❑ white lands Minor Change -Subur6an Municipal Approvals May 24,2011 Technical Report Fundy Bay Sand&Gravel Inc. Page 9 29 � GENI�AR s co�,��s�on The pre�ious sections have outlined how the propased development meets the intent af the Municipal Plan and Zaning By-law. We are of the opinion that the proposed re- zoning be approve for the following reasons: {1) The proposed development is consistent with the recently adopted Growth Strategy and the surrounding area is not intended for any additional residential growth in the near future. (2) The minimum setback requirements have been met and in many cases ex- ceeded. (3} Our client has taken additional measures ta mitigate potential impacts on sur- rounding land uses and Latimore Lake Road through: (a) Maintaining a significant amount of mature trees to help further mitigate noise and dust. (b) Proposing to extract material starting from the point furthest away from existing residential development which will create an additianal buffer. (c) Reducing the amount of activity on the existing pit and quarry so that there is na net increase in excavation activity and truck traffic_ (d) Utilizing the access from the existing pit to reduce disturbance on Lati- more Lake Road. (e) Paving an additional 400 m of the access road to help further mitigate dust. (� Utilizing techniques that involve no blasting or quarrying. A9unicipal Approvals May 24,2011 Technical Report Fundy Bay Sand 8�Gravel Inc. 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' `s • ��,,s �,� . �` � �y �� ' .--�.s a.• 'iL�. .��.:.� �� ,�.� 32 � GENI�AR Appendix B Post-Extraction Ele�ations 33 `. 1 R��P�.PN ,.E , _�"S1l . � ��EF,C �� .�7a c>rnxa�u • ., ' � ,l2' pr �. +�roEVrc mm�ai � , { � � � i��'�, • �uro�p#�.IM�TW[-. �.na�TET�S� .' � � � �aE• .. 19' .. n, f _Y_,-_�---�..�_tl-___.. _��–"_ _._ a+ -�1�_�.�.._ r� ' unar,+eo.wu- +[`c v zu'c _' ,, ^ .., '_^.,._ i LEO£KD a I ___'_`__'__ � •: O _________�_______ - �o ocenwa , Wm�w�e urz vr�e--�� O' _____' _____'_____"___'__.`____'____ _____�.________ + -------------- 1 — —,. ------------------------- ��.�...�—...__�_ _� P�� +,x_..._�— —� �: ��_�,� o��,�' � „r . .. °Omu�.�� t�ff «� , I- ��o.w�� -------- �� ' , ' � ne o�� . �'" a°°�-------- w . ..w�o%a.+,:auc _ � �' �j "c"�rc e°"""'.; - - _ �n om�iw w�w swo� _ no oovsGa � �F vuc am wt.wv�w m� ~ _ 8 8 `a � �.� ara avr 0 s oor.au� cu � � � � d • . 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Jy � ' �,.: . _ - . _ ' —� , _ � �„.. ?.,:_ Proposed�-� �_ _ Excavation Area � ��, � � ' ► .� ' . jl ,S' '.L" .,��'. 1!. � `'G'��' — , �_.� Toe��of=Slope� '� � , � ,� r � � �; . � . � . � � � � , , _ � �� $ � �4 � �� , _ . . . . ��: . � � . � , Existing Pit . �� . � `� �:�, s, �. � �, , � � '' . ,` �� '`' Q,� , , �` .�4, \� •�.A� �: � i1 } � �' - � �( ��''�'� ' �Yr. . - - ��i - . �y . 36,�� ,],�, � el r , � I ��'�' f:�� j� �,}� ' � �f� '4 , •��- ' ' ��r°��' � - . _ , ?� = _ , . �.T�+�._ '11'2; :. 4��J`:`��7__°a � GENIU�I.R Appendix D Letter Regarding Access 37 s��s,Za�o I lhanae Ars�au[t give 3teph�I,ang�e P�on to use the cel of land at th� �ack of mY P�P�Y��af 600 Latimore Iaks Ro�d far his .He wiil Iease this partion�or a ten year perioa, In the eveirt Haat I chaose�o sell my PI'aPe�tY locat�ed at600 Latimore Lake Road Sbephen Langi-lle wilt have first opporhmity tn pu�a4e this p�r+ce1 of land. 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I�C'. � 1 � . ��' � ��5��l�.� �l C�� c.�� '�� °c`!� ��c�c��.�5` 40 }�1 E�C'� �G �� ` ��y�� -!c� �� .�� - } . � .�, � � .� C�:�Gr,tic� �'eci�� .t�- ��c�� s� t'c�t�r�Cr��r� 1 f= � � . � (�� t�� ` �� .�-l��c� � �t,'� ��.��c'�j � � �� C% . :'l Cti.,. �.� � ��.' �� f �� r .-��j�7 �/"�SE'��1d7C �7�' G�f�AC.� �, L� �,(�'' �� r{''��--� e � � � � J � �L�L�_r7�l��rs c� �r 5 �� /)�l��7�S ��(��}��`. (,�� C� ,� r ' f '� f �'C: � C�CdCf"I(,� + � ' E _l. C°'�� ,- �lL�� _�`u.�.� � � n � :c �� c��C l � : � � � � '�1 ,��r f��.. � - � �- � �� y� ��/ 41 940 Latianflre Lake Rd Saint Jo�n,N.B. E2N 1 Yl February 25,2013 �� & ��'�'�� l .�� a �EB 2 6 2013 y City of Saint Jahn. Planning&Developiment �,�. � P.O. Box 1971 �' Saint John,N.B. C�F SAx�� S� E2L 4L1 Sabject: Rezoning of PID's 55214332,003�4594, & 00333419 adjacent to 4b0 Latimore Lake Road. Ta whom it may concern: I live at 940 Latimore Lake road and have iived at this address since 1974. Over the past 39 years I have seen this area slowly develop into a nice area to raise your children, and enjoy the ability to live in a rural setting and still be close to the city. During#hese 39 years I continue to stn�ggle vv�th the growth of gravel pits in aur area. It is apparent that the City of Saint John cannot ensure fhese"pit aperators"meet the requireme�ts that are set out when they are given permission to have a pit. Trucks continue to pass our ho�se on a regular basis without having their loa.d of gravel, sand etc covered. On many occasions large roc.ks fall off these truucks and are on the road for several hours before being removed. I don't know if the city or the pit operator remaves these rocks,but it is very dangerous for t�ose of us that drive on tliis road (Lafiimore Lake Road). This campany has a gravel pit at 460 Latimore Lake Road#Ilat was rezoned to "PQ"Pits and Quarries in 2001. The front portion of this site,where they had operational infrastructure stili has not bee� rehabilitated in accordance with the standard of the"PQ"Pits and Quarries zone, or the original rehabilitation plan dated,March 2004. As a tax payer,I think�that if a company does not camply with the rules for past rezoning apptications,I don't believe they will compIy with those that are associated with this particular application. 42 1 There are curren�ly toa many trucks travelling tl�is road now, too much dust, and not enaugh or any inspections being done by the city to ensure that these operators are v4 orking within the law. As you are well aware of, we have no water or sewerage provided by the city. Both of these services could be in jeopardy d��e to water run off as a result of aggregate being removec�. I tlzink that we currently bave too many"gravel pits"in this area now and our roads are being damaged by the heavy traffic. I wonld like to see this applicatian for rezouing from"RF"to"PQ" be denied_ Yaurs truly, �� -�/ James Humby 43 2 4cean View Cemetery Inc. 71.5 Latimore Lake Road Saint John,NB E2N IX8 Phone:506-696 3565 Fax:SQ6-G96-9221 February 25, 2Q 13 City of Saint John i'O 147 i Saint John,NB �2L 4L1 Attention: Mayor and Council Planning Advisory Committee Re: Proposed Rezoning—Latiinore Lake Road PID 55214332, 0033�Sy9 and,00333419 To Whom It May Cnncern: We have been informed ofihe proposed�aning application for land adjacent to 460 Latimore Lake Road which wouid change it from Rural to Aits and Quarries. With the increasing development in the City of Saint John,we recognize the need for supportive materiais in the form of sand and gravel that is extracted from surrounding Iands. Develapment provides a strong ta�c base which aiiows the city to improve and expar�d on the services it provides to its taxpayers. We also recognize that in some cases, extens�ve rezoning can create hardships for the families who have built their homes in areas that were originally zonec�either as residential or ruraZ communities. As we understanc!it, this seerns to be the case for the famil�es who reside in the La#imore Lake area. Their concerns regarding the erosian of land,pollutioz�of the water table,excessive noise and damage to the roadway seems relevant in this situation. Ocean View Memorial Gardens lias been operating the cemetery located at 715 Lafimore I,ake Road since ]955. The cemetery property�s park-like in nattare.Many famil�es come to the cemetery on a daily basis,taking time to sit on the benches,walk the gr�unds or watch the geese and ducks in our pond. T"he overall serenity ofthe property is an essential part of our service#o our fam�Iies. N�e malce a concerted effort to ensure that any deliveries by heavy vehacles do not occur w�en famii�es are in the cemetery to intcr their�oved ones.This proposed by-law �hange would extend the existing c�uarry to an area beyond a buffer zone across tiie road fiom the cem�tery One cancem �s the dwsturbance caused by ongoing work in tha#area during norma� bus�ness haurs;the noise and dust ftorn quarry aperations and the increased heavy traffic would be a distract�on f�r the fam�lies seeking some yuiet time wrth their loved ones. In speak�ng v��th area residents,the�• have ex�Ore�sed anxiety�ver this propased rezoning. It seems that many residents have experienced problems with bott, se�tac systems and wells. These concerns should be thoroughly investigated by the city before any rezoning is grdnt�d The roads in the area are�n appalling condition,with numerous holes and deep tire gr�oves.When there is a heav�rainfall ihe sides of the road wash away in places and the tire graoves are filled with water creating a driving hazard.Regardless of whether the issues are caused by heatiy truck traffic and improper water diversiot�or neg�ected road maintenance, it seerns that there are e�tensive repa�rs needed in the area bef�re allowing any increased heaw ec�uipment traffc. We have heard from reside�ts that rehabzl�tation of depleted pit operations have nat been undertaken in the area as they have been grarited exemption fro�m this process. if this is true, it is certainly not encouraging to residents in the area and is a contributing�actor to their negative feelings 44 toward anv new business ventures which may produce sirnilar results. It wouZd also impact future home constructinn in the area. Having had our cemetery scrut�nized by the Department of Health,and then by misinformed Provincial MLA's creating unwarranted stress tc��ur families, we do have some hesitation with regatd to approval of an expanded pit which may negatively impact the natural water flo� in the area.We would also expect that e�tensive monitoring woufd be buiit in to arry proposed zoning change to guarantee pre�entian of any enviro�mental issues. We respectfully requ�s#that you consider any poss�ble impaet on the community before}ou make your decisian regar�ing the rezoning. Sincerely Yours, Tony Buckley ��` Manager 45 �,� • � Chown. Jeanne From: External - Planning Sent: February-28-13 12:21 PM To: Tibbits, Kelly; Chown, Jeanne Cc: Evans, Richard Subject: FW:Zoning of Land next to 46Q Latimore Lake Rd.to Pits and Quarries From: Terry Gray mailto: ra .ter 3 mail.com Sent: February-28-13 12:13 �M To: External - Planni�g Subject: Zoning of i.and next to 4fiQ Latimore Lake Rd. to Pits and Quarries To Mayor Norton and Council We would like to vaice our opposition against the Zoning of Land next to 460 Latimore Lake Rd. to Pits and Quarrics. At the present time there are 2 Pits that arc presently operating on our road,one is owned by Fundy Bay Holdings and the other one I believe is owned LeFarge. Thomas Construction had a pit and instead of rehabilitating it. It has been turned into a Dump for construction Debris. In the past I havc had to replace or repair 4 Windshields , we wouId ask that you not grant this Zoning and let us keep our quality of life. Sincerely; Terrance & Gail Gray 146 Mayor and Council City of Saint]ohn Feb 12/13 Page 1 of 2 North Star Holdings Ltd. Box 4531 Rothesay, NB E2E 5X2 506.652.990$ February 12/13 Mayor & Council City of Saint )ohn Your Worship and Council Members I would like to register my full support for the Fundy Bay Sand and Gravel application to open another pit in the Latimore Lake area. Our company has severa! projects in the area, which could be serviced by this expansion in a more eeonomic and environmentally friendly manner. We have 8 developed lots in Latimore Lake almost adjacent to the property which require gravel for septic systerns and backfill. We have 17 developed lots in Lakewood which require backfill material We have ].91 developed lots in Forest Hills which require material for backfill and parking lot preparation. We have 52 approved lats on Heatherway which require material for developing the roads and services plus backfill of homes. These projects will require thousands of loads of gravel by the time afl the homes are built. Would the environment benefit if we truck the material from Quispamsis, adding approximately 40 kilometers round trip per load? The City of Saint ]ohn may also benefit economically by allowing another source of competitive gravel products for any future capital proje�ts it may have in the area. Thank you for the opportunity to express my opinion. 47 file://C:lUsers1jt23151AppDatalLocallMicrosoftlWindowslTemporary Internet FileslCant... 20/02/2013 Mayor arrd Council City of Saint John Feb 12/13 Page 2 of 2 Sincerely R.E. {Bob) Darling 48 file://C:lUsers1jt23151AppDatalLocaZlMicrosoftlWindowslTemporary Internet FileslCont... 20/02/2013 � �� Planning P.O. Box 1971 506 658-2800 Advisory CommitCee Saint John New Brunswick Canada E2L 4L1 , , -._.... �'ebruary 21, 2013 �. :o. �:. 90Ar�� <'` � �yN u0Y� � Your Worship and Councillors: City of Saint ]ohn SUBJECT: Rezoning and Variance Lands Adjacent to 450 Latimore Lake Road On Februar}'4, 2013 Common Council rcfcrred the abovc matter to thc Planning A.d�-isory Committee for a report and recommendation. The Committee considered the attached report at its February ]9, 2�13 meeling. Stcvc Langille of�'undy Bay I Ioldings Ltd ��as in attendance. IIe advised the Cornmittce he was in favour of the staff recommendation w�ith the exception of ihe hours of operation for 460 Latimore Lake Road. He requested that the existin� gra��el pit aperation, subject to thc Scction 101 1�grccmcnt, bc permitted to continue to operate on Saturdays from 7�OOAM to S:OOPM. �taff advised thcy had no concerns with this change io t.he recommendatio.r� as ii is cansisteni wiih the "PQ" Pits & Quarries zone, and is a reduction from what is normally permitted. Odette McGrath, an arca resident, appeared before the Committee and expressed concern with the impacts from the existing operation at 460 Latimore Lake Road that have not been addressed. Noise, dust, mildcw on homes, lack of rchabilitation in the gravel pit and the environrnental health issues fram the operation werc identified as key� concerns. Ms. McGrath also expressed concern for the broader community from the heavy truck traffic, pot h.oles in t.he sireeis, risks to children in the area, and their location, as it is downwind from the operations. The Committee asked Ms. McGrath if she felt that the conditions that were being proposed would create a better environment for her and her family. R'Is. 1�1cGrath reiterated her concerns with the conditions not being enforced by-the City in the past and wanted to understand why this time wauld bc different. Shc also ad��ised the Committee that lhe conditians wi11 not limit the truck traffic or take all of thc dust away. 49 _2_ Tim McGrath, an area resident, appcarcd before ihe C�mmit�ee and expressed concerns with the lack of sidcwalks in the area to protect residents from the truck traffic. IIe also expressed concerns thaE ihe City has not enforced existing conditions with the operation at 460 Latimore Lake Road and that this would only increase thc problerns�vith dust, noise and traffic they havc had to live with. Mr. McGrath also asked why once a pit has been e�austcd, is the "PQ" ione not lifted ta prevent the operator from re-opening in the future. He also expressed concern with the driveway-through thc existing pit as ii is not setback and adjacent to the property line. Richard Hachcy, an arca resident, appeared before the Committcc and advised that thcrc are area rumours concerning other neighbours that have indicated if this application is approved,they will proceed with thcir application far"PQ"Pits and Quarries zone, Michelle Duffield, and area resident, appeared betore the Committee and expressed concerns with the impact this pit has on the children in the Community Centre. The heavy truck traffic, noise and dust are key concerns that are , in her opinion, driving residcnts out of this community. Sylvia Matison, an area resident, appeared bcfore the Cammittee and expressed concerns with the potentially negative cffect the operations will have on the serics of lakes in this area. Ms. Mattson informed ihe Committee about her community stev�•ardship activities which include cleaning the road of dust and dcbris from the trucks, removing garbage and maintaining the area `honey-holc', where children and visitors can stop and relax. She advised that she does everything she can to kcep herself and her ne.ighbours safe and she asked that Fundy Bay Holdings Ltd. staff should work toward the same. Ms. Mattson also advised the Committee of the wildlife she has seen in this area and expressed concern that the pit operation would have a negative effcct on this in the future. Steve Langille then addressed the Committee again and reiterated the conditions that hc would be bound by should he receive the approval. He aiso advised the Committee that this area of the City has long becn an aggregate resource area and that his pit does not have all 175 acres activcly excavated. He also discussed the on-going rehabilitation of the site and what they have done to invest in the property and improve the site for the comrnunity. He also spoke of his fleet's safety record and.advised the Committee thal ii is excellent. Mr. La.ngille thcn also addressed the neighbours directly and iheir concerns about area wildiife and he advised that he is looking forward to the day when his pit is uscd as a model for operations and rehabilitation. In response ta questions from the Committee, staff reviewed the proposed Section 101 condiiions and elahorated on what each onc would mean and how it would irnprove the existing operation, particularly the requirements for rehabilitation specif cations and timelines, a.nd the limitatian to ihe size of the operation going forward. The Committee then asked the applicant several questions rcgarding the management of the operation, the existing rehabilitation and planned rehabilitation, and what his plans for the ��ure of the operation are. 0 -3- In addition to the five mcmbcrs of the comrxrunity that spoke in opposition to thc application, therc werc 11 letters ihat were submitted in opposition to the application. A petition was also submitted to staff by Odette McGrath at the Pianning Advisory Cornmittee meeting. After considering thc report, leiters, commcnts made by the applicant and.the concerns expressed by area residents, the Cornmitiee recommended appro��al of the rezoning of the property, �•ith a clzange to condition k in the Section 101 propased conditions, as set out below. The Planning�ldvisory Committee also granted a variance to permit the applicant to build thc required access raad into the site to be rezoned within the 30 rr►etre sctback area from the property line. The location is to bc identified on.the site plan, required to be submitted for approval by thc Developmeni Officer priar to issuance of an excavation permit. 1tECOMMENDATIQN: ]. Thai Cominon Council rezone a parcel of land with an area of approximately 35 hectares, located adjacent to 460 Latimore I.ake Road, also identified as a por�ion of PID's 55214332, 00334599 and 00333419, from ��RF" Rural to "PQ" Pits and Quarries. 2. That, pursuant io ihe provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approxirnately 35 hectares, located adjacent to 460 Latimore Lake Road (PID 003345b5), also identified as a partion of PID's 55214332, 00334599 and 00333�19 for a gravel pit be subject to the following conditions: a. The use of the subject site shall bc limited to the excavation of aggregate material and will not include blasiing. Site development shall be u.ndertaken in accordance wiih the detailed site plan, completed by a profcssional engineer and approved by the Development Officer prior to issuance af an excavation permit. b. Extracted aggregafe material from the srtc shall be processed using#he i'acilities on PID 00334565 and all trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. c, The disturbed area af the siie is restricted to a maacimum of 5 hectares (approximately 12.5 acres} at all times. All other areas of the site, with the exception of the access driveway, shall remain undisturbed (including retention of existing tree covcr) or shall be fully tehabilitated (including re-vegetation of the excavaied area} in accordance with the detailcd site plan approved by the Development Officer prior to issuance of an excavation permit. d. All access to the site shall be from the existing drivcway and internal haul road locaied on 460 Latimore Lake Road (PID 00334565), in accordance with the detailed site plan. 51 _4_ e. A �vater supply must be maintained on the site and be used to Iimit the amount of dust raiscd, wiih the method for dust rnanagement to be identified as a note on the site plan, approvcd by the Development Officer priar to issuance of an excavation permit. f. Any equipment used on the site must be equipped with fully functional naise-suppressing mufflcrs to the satisfaction of the Building Inspector. g. In addition to the requirements contained in Section 680(10){d) of the `Goning Bylaw, .no part of the excavatian area shall be excavated to an elevation lower than approximately 120 metres (395 fcet) above sea le��el, in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. h. I'hc haurs of operation shall be limited to Monday to I'riday from 7:OOAM to 6:OOPM. i. A detailed stortnwater drainage pian and design report must be submitted by the applicant's enginecring consu.ltant for review and appro�•al by the Chief City �ngincer,prior to the issuance of an excavation permit. 3. '1'hat Common Council authorize the preparation and execution of an agreement between the City of Saint John and Jerome Langille, owner of the property at 460 Latimore Lake Road (PID 00334565), pursuant to Section 101 o.[�the Community�'lanning Act, setting out the follovving additional requirements with respeci to the existing gravel pit operation thereon, generally described on Schedule A of this report: a. The owner shall rehabilitate approximately 9.5 hectares (24 acres) of exhausted open pit area to begin in 2013 and bc completed by�the end of the growing scason in 2015. The phasing plan an.d rehabilitation plan details for the proposed rehabilitation shall be completed by a qualified professional enginecr and the �nal plans, as approved by the Development Officer, shall be inclue�ed as an appendix to the Section 101 Agreement. b. The owner sha11 agree to an on-site inspection in the spring of 2013 by Building lnspectian, to confirm that the approximately 6.5 hectare (16 acre) arca in the front of the property, idenliFied as rehabilitated by the applicant, has been rehabilitated to the "PQ"Pits and Quarries starldard, it�ihere are notable deficiencies, the owner agrees to include this area as part of the area to be rehabilitated in 2U13 and shall be included in the phasing plan and rehabilitation plan dctails for the site. 52 -S- c. The owner sha11 restrict the future disturbed arcas of thc sitc to the remaining active excavation areas which, aftcr lands to bc rehabilitated ha��e been removed, is approximately 10 hcctares (25 acres). To permit operational flexibility, an additional 2 hectares (5 acres) will be permitted to be acti�-e excavation area, for a totai of 12 hectares {30 acres). All other areas of the sitc, except for the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rchabilitated (including re-vegetation of the excati•ated area) in accordance with the standards of the "PQ" Pits and Quarries zone. The existing disturbed area of the site shall be identified in in the sitc plan for this operation and attached as an appcndix to the Section 101 Agreement. d. The owner shall ha�-e a qualified professional engineer complete a drainage plan that is consistent with the rehabilitation plan that achieves on-site containment of stormwatcr and prevents runoff onto adjacent properties. 7'his plan is to be submitted to the Chief City Engineer for revicw and approval and shall be included as an appendix to the Scction 101 Agreement. e. The owner shall extend the existing dust-frec hard surfacc approximately 500 metres from whcre it currently ends at the entrance to the existing excavatcd arca of the gravel pit, to the edge of ihe proposed area to bc rehabilitated. This shall be ideniiiied on the rehabilitation plan, included as an appendix to #he Section 101 Agreement. f. The owner shall plant a mix of trees along both sidcs of the internal haul road from the entrance gate to the on-site shnp, a disiance that is approximately 160 metres. The spacing and iree size specifications are to be includcd as part of the rehabilitation plan as accompanying landscape details, to be approved by the Development Officer and included as an appendix to this agreement. g. The o�vner shall rehabilitate the rcquired 30 metre buffer areas that have been disturbcd to-date in both acEive excavation sites, as per the rchabilitation plan ta be sub.mitted Iox approval by the Development Officer and included as an appendix to this agreement. h. The owner shall relocate the on-site crusher, currently locatec�behind the existing main building, to a location south of the proposed rehabilitation area, as identified on the rehabiliiaiion plan to be submitted for approval by the Development Officer and included as an appcndix to this agreement. i. The owner shall maintain the limited processing infrastructurc, currenily located in the active excavation area in the larger pit, as identified on the rehabilitation plan to be submitted for approval b}�the Development Officer and included as an appendix to this agreement, 53 -6- j. The owner shall remove the parts vehicle dcbris, and other storagc that is not permitted by !he "PQ" Pits and Quarries zone, located in the front of thc property. This must be compleied, as per the Unsightly Premiscs and Dangerous Buildings and Structures Bylaw,to the satisfaction of the Buiiding Inspector in 2013. k. The hours of operation shall be limited to Monday to Friday from 7;OOAM to 6:OOPM and Saturday from 7:OOAM to S:OOPM. 1. The security requirement for Fundy Bay Holdings Ltd. will be re- evaluated, to ensure it is adequate to re.habilitate this site. This calculation and evaluation will be co.mpleted by]3uilding Inspection and any cequired inerease or decrease in the required security will be addressed and finalized,to the satisfaction of the BuiIding Inspector, prior to finalizing the Section 101 Agrccment. m. "I1�e Section l O1 Agreemcnt shall be null and void if the proposed rezoning of the subject site does not receive third and final reading within six months of receiving first and sccond reading. 4. That Common Counci! withhold third reading of the rezoning until the recommended Section 101 Agreemeni between Jerome Langille and the City of Saint John has been draftcd, finalized and executed by both parties. Respectfully- subm' e , o an , Chair SF Project No. l3-020 54 �� .�� _ ; _i:: ��. , ;� �.N ��t�� bATE: FEBRUARY 15,2013 TO: PLANNING ADVISORY CQNIlviIT°TEE FR�M: CO1VIlVlUNITY PLANNING&DEVEI,OPMENT SERVICE GROWTH&DEVELOPMENT�ERVICES FOR: MEETING OF FEBRUAR.Y 19,2013 PREPARED$Y: REVIEWED BY: . w. � � �; � � Stace3� o ,MCIP,RPF Marlc Reade,P.Eng. MCIP,RPP Planner Senior Planner SUBJECT: Name of Appli�ant: Fundy Bay Sand&Gravel Inc. Name o�4wner: 515129 NB Inc. I,ocation: Lands adjacent to 460 Latimore Lake Road(east side) PID: Portion of PID's: 5521�332,00334599,00333419 Municipal Plan: Rural Resource designation Zoning: Existing: "RF„Rura1 Proposed: "PQ"Pits and Quarries Propasal: To rezone the property to permit the establishment of an open-pit aggregate operatian to e�rtract sand and gravel. Type of Application: Rezoriirig and Variance �� ;+�✓'' ��. ��.�' �': ��,P�� SA:N'i'J3HN P.O.Box 1971 5aint John,NB Canac� E2L4�1 v+►ww�sairi3�ohn.ca C.1?3971 Saint�rt�r�,N:B.Car�ar �L�L� � 55 Fundy Ba�•Sand&Gra�•e!Inc. page 2 Lands Adjacer�t to 450 Latisr►ore I,ake Road February 15,2013 JURYSbICTION OF COMMITTEE: The Communtty PlcnaningAct au�la.orizes the Plaaining Advisory Comtnittee ta give its views to Common Council concerning proposed atuendments to thc Zoning$y-law. Cotnrnon Council wzll consider the Committee's reconamendation at a public hearing on Monday March 4,2Q13. The Cornmunity P7anning Act authorizes the Planni.ng Advisary�Corz�mittee to gi�snt reasonable �•ariaxtces from the reqeurements of the Zoning]3y-law. The Committee can impose conditions. ...�,�� . Q��.�. STAFF RECOM�ENDATIUN TO COMMITTEE: 1. That Common Council rezone a pazcel ofland with an area of approximately 35 hectares,loca#ed adj�cent to 460 Latimore Lake Raad, also identified as a portion of PTD's 55214332,00334599 and 00333419, &om�RF"�.ural ta "PQ"Pits and Quarries. 2. That,pursuant to the provisions o�Section 39 of tlie Community Planntng Act,the use of�parcel of land with an area of approxirnately 3� hecta,res, located adjacent to 4�0 Latimore Lake Road (PID 00334565},also identified as a portiou afPID's 55214332, 00334599 and 00333419 for a gravel pit be subject to the following conditions: a. "�'he use of the subject site shall be limited to the excav�.tion,of aggregate mal.erial and u-iIl nat include blasting. Site development shall be undertaken in accordance with the detailed sitc p�an,completed by a professional enginccr and approved by the Developrnent Officer prior to issuance of an exca�ation permit. b. Extraoted aggregate material from the site shall be processe�l usizxg the facilities on PID Q0334565 and all trucks and equipment,not being utiliLed as part of the active exca��ation of the site� shall not bc stored on the site. c. The disturbed area of the site is restricted tn a maximum of 5 hectares (approxi�mately 12.5 acres)at all times. All other areas of the site,witli the exception af Ihe access driveway, sha11 remain u.ndis#urbed(including retentian of e�cisting tree cover) or shall be full}'rehabilitated(including re-vegeta,tion of the excav'ated area)in aecordance with t�e deta�iled site plan approved b5•the Development Officer prior to issuance af an excavation permit. d. All access to the site shall be from the e3usting driti•eway and ix�tenual haul road located on 460 Latimore Lake Road(P� 00334565), in a�ccordance with the detailed site plan. e. A water supply rnust be rxxai.ntained on the site and be used ta Iimit thc amount of dust raised, with the method for dttst management ta be identified as a note on the sitc plan, approved by the Development Offic�r priar to issuance of an excavation perrnit. f Any equipment used on#he site nnust be equipped ti�ith fully fimctio�na�l noise-suppressing mufflers to the satisfaction of the Building Inspector. 56 Funds-Bay Sand 8t Gr�vel Inc. Page 3 Lands Adjacent to 4G0 Latimore Lake Road �ebrusiy 15,2013 g. In addition to the requirements contained in Section 680(10}(d)of the Zoaing B}law,no part of the exc�vation area shall be excavated to an ele�ation lotver thatt approximately 120 rnetres(395 feet)ebove sea level,in accordance�with the detailed site plan appro�ed by the Development Officer priar to issuance of an excavation permi�. h. The hours of operatian shall be limited to Nlonday to Friday firotn 7:OUAM to 6:OOPM. i. A detailed stormwater drainage plan and design repc�rt must be subm�itted by the applicanY s engineering consulta.nt for re�zew and approval by the Chief Ci#y Engineer, prior to the issuance of an excati•ation permit. 3. "Ti�at Common Counc�l authorize the pregaration and exccution of an agreeznent betvveen.the City af S�ini John and Jerome Langille, ovtimer of the properiy at 450 Latimore Lake Road(PID 003345G5},pursuant to Sectian ]01 of tUe Conununity Planning Act,setting out the ft�llawing addi�ional rcquircmen#s with respect to the existing gravel pit operatian thereon, �enerally descritbed on Schedule A af this repart: a. The owtaer shall rehabilitate approxunately 9.5 hectares (24 acres) of exhaus#ed open pit area to begin in 2013 and be completed by the end of the gr�wing season in 2qI5.The phasing plan and rehabilitation plan details�ar the pr�posed rehabili#ation sha11 he completed by a qualified professional engineer and the final plans,as approved by the De�•elapment Officer, shall be included as a�a appendix to the Section 10I Agreement. b. The or�vner shall agree to au on-site inspection in the spri.ng of 2013 by Building Tnspectian,to confirm that the approximately 6.5 hectare(16 acre)area in the front of the property, identiCed as z�ehabilitated by the applicant,has heen reha.bilitated to the"PQ" Pits and Quarries standard.If there azc notablc deficicncics,the owner agrees to inelude this are�as part of the area to be rehabilitated in 2013 and shall be included in the phasing pIan atxd xehabilitation plan details for the site. c, The owner shall restrict the future disturbed areas af ths site ta the remaining active excavatian areas which, after lands to be re�abii�tated have been removed,is approximat�ly 10 hectares(25 acres).To permit operational#lexibility, an additional2 hectares (5 acres)wiIl be permitted ta be active e�c�.vation area, for a total of 12 hectares (30 acres).AlI other areas of the site,except for the access driveway, shall remain undisturbed{including retention vf existing tre�e cover}or shall be fuliy rehabilitated (incl�tli.ng re-vege�atiom of the excavated area)in accordance with the standards of the "PQ"Pits and Quarries zone, The existing disturbed area of the site shall be identificd in in the site plan for this oper�ztion and attached as an appendix to the Section lUl Agreement. d. The awner shall have a qualified professianal engineer coxnplete a drainage plan that is cvnsistent with the rehabilitation plan that achieves on-si�e conts�inment of stormwater and prevents runoff onto adjacent properties. This pl$n is ta�ae submitted to the Chief City Engineer for review and appror•al and shall be included as an append�to the Sectian i01 Agreemen�. e. The owner shall extend the existing dust-free hard s�ace approximatel.y 500 metres from where it currently ends at the er►trance to the existirng excavated area of fihe gravel 57 Fund�•Bay 5ana&Gra�•el Inc. Page 4 L,ands Adjaccnt to 46Q I.atimore Lake Road Februery 15,20I3 pit,to the edge of the proposed area to�e rehabi�itated.This shall be identified on the rehabilite,tion plan,�ciuded as an appendix to the Section 101 Agreement. f, The owner shall plant a mix of trees along boih sides of the inkermal haul road from the entrance gate to the on-si.te shop, a distance that is approxirnately 160 metre.5, 7'he spacing and tree size specifications are to be sncluded as paR of the rehabilitatian plan as accampanying landscape d�.�tails,to be appro�ed b}�the]�evelopm�nt Officer and included as an appendix to this agreement. g. The ownez shall rehabilitate the reqnixed 30 metre buffer area�s that have been disturbed to-date in both active excavation sites, as per the rehabilitatian plan to b�submitted far approval by the Development Officer and included as an appendi�r to this agreement. h. The owner shall relocate the on-site c�usher, currently located behind t}ae e�sting main building,to a location sauth of the proposed rehabilitation arerY, as identified o�the reha,bilitation plan to be submitted for approval by the Development Qfficex and included as an apperrdix to this agreez�acnt. i. Tl�e owner shall maintain the limited processing infr�structu�re,cutrently loca#ed in the active excavation area in the 1a�rger pit,as identified on the rehabilitation plan ta be submitted for approval by the Development Officer ax�d includcd as an appendix to this agreement. j, The awner shall remove the parts vehicle debris,and other storage that is not perrnitted by the"PQ"Pi#s 2uad Quarries zone, located in the frant of the�roperty, This must be completed,as per the Unsightly Premises and Dangerous Huildings at3d Structures Bylaw,ta the satisfaction of thc Building Ixi,spectar in 2013. k. The hours of aperation s3�al1 be limited ta Monday to Friday from 7:OOAM to 6:OOPM. 1, The securi#y requirement for Fundy Bay Holdings Ltd.w�ill be re-evaluated,to ensure it is adequate to rehabilitate this site. This calculation and evalua,tion wi1L be completed by Building i�spec�oa and any required increase or decrease in the required security will be addressed and finaiized,to the satisfaction of the Building Inspector, prior to finali2ing the Section 101 Agreement. m, The Section 101 Agreement sha11 be null and void if the pmposed rezoning af the subject site does not recei��e thiTd�tif�f3T1�[ea(�117g v�,'it]1ii1 51X mOntllS Qf r�CeiV1IIg fii5t ana second reading. 4. That Common Council witbhold third reading of the rezoning until�e recommencled Section 101 Agreernent betwcen Ierome Langille and the City oF Saint John has been drafted,finalized and exeeuted by both parties, 5. That the Pianning Ad�visory Committee grant a variance ta permit the applicant to build the required access road into the site ta be rezoned within the 30 metre setba�k area from the property line. The location is to be identified on the site plan,requirecl ta be submitted for approval by the Development Officer prior to issuance�f au excavation permit. 58 FundS Bay-Sand&Gravel Inc. Page 5 Lands Adjacent to 460 Latimore I,atce Road February 15,2D 13 INPUT FROM�TAER SOUYtCES: Bell Aliant has been advis�d of this applica�ian. Inf�astructure Developmen�has pzovided the followi.ng comments: • There is no municipai water and sanitary infr�st�chue available. Should any e�ttension of infrastrueture be required,it would be the full responsibility and cost of the owner to praperly design a.nd consttuct; � Priox to release of an exca�c•ation perxnit, a detailed storm water inauagernent plan and a design brief must be submitted by the owner's engineering consaltant ta fihe City for review and approval; � The owner is responsible for obtaining all necessary perauts; ■ It should be�aoted that with fihe nature of the proposed business for ttus site,it is the owner's responsibility to maintai.n the existing public str�et surface free from any foreign matter t�a.t may result from the transporting of the product fror.a the site;and n 'The propflsed use of the e�cisting access servicing the 46Q Latiu�ore Lake Road pit aperation to access the proposed pit operation is supparted. 5hould dixect access to Latimore Lake Road be required,the owner's engineering consultant must submit a detailed platy imdicating thc�rade, size and location of any propased access to Latimare Lalce Road to the City for review�nd approval. It is assumed that lazge vehicles would uhlize this site and precaution.s must be taken to ensure suitable entry/cxit lacations with required site distances far the propossd use are pzovided. The owner's traffic engineering consultant must ensure that proper site distances are available for any proposcd new direct accass to Latimore Lake Road. Inspectxon& Enforcement Service has provided the followiu�g comments with respect ta the proposed pit and the existing pit, at�60 Latimore Lake Road,for which the access is rec�uired: Proposed Crravel Pi.t: • The proposal places 1he excava�ion area a significant distance from the residential dwellings on Lackie Road. Hovr�evez,it also places the site upv�znd of the Estate Drive and Kimberly Street subdivisian to the north-east of thc proposed site. � Should this rezoning application be approved,the following cc�nditions are recommended: o No aggregate processing be permitted on the proposed site; all aggrega#e processing shou.ld be requued to take place using the existing Fundy Bay Sand&Gravel Inc. facilities at 460 Lat�mnre La,k�Road. o All equipmez�t used as part of the agg�regate exfractio�,operation on the proposed site be equipped vvith fiilly funcrional noise-supgressing rnu�lers at all times. a A water supply must be maintained on-site and be used to limzt the�mo;u►t af dust zaised during operations. o The operati.on should be required to shut dov�-n if v�rind velociti�s exceed a set speed. o No blasting is to be permitt�d vn this site. o The worl�ng face of the site must be closely iimited to minimize dust being raised. 59 Fundy Ba�-Sand&Gravel inc. Page b Lands Adjacent ta q60 Latimore X.a1�e Raad February 15,2U13 o Hours of aperation should be rsduced below those permitted by the Pits and Quarries zone standard ta limit intrusion on neighbours early mnznings and supper hour. F.�istin�gravel pit at 460 Latitnare Lake Road: ■ The gravel pit at 460 Latimore Lake Road was rezoned to"PQ"Pits and Quarries in 2001 and ia subject to the standards of this zone. �� The office,workshop, scale house, and equipment storage area ha��e been relocated on the site, appxaximately 180 metres &am i:he entrance,in compliar�ce with the"PQ"Pits and Quames zone standards. Howe�•er,the front portion of thc sate,where thits operational infrastructare was previausly Iocated,does not appear to have been rehabilitated in accordance with the standards of t�te"PQ"Pits and Quarries zane,or the original rehabilitation plan,dated March 2fl00. � The excavatiom area on this site,has also inttvded into the required 30 ntetre setback in large areas of the site. Maritirnes &Northeast Pipeline,Enbridge Gas, and Brumswick Pipeline have advised that this applicatian daes nat directly affec#any of their infrastructure. Urban Environment Services has adr•ised that this proposal has no impact on current recreati.an facilities or programs in the area. N.B. De�artment of Enviraament has provided the following co�nments: • The following comments do not relieve t]ae proponent fronn compliance with applicable pro�-incial and federal Acts and Regulations. � If thc operator is just rcmoving aggregate there is no Approval to Operate zequired. If there are plans ta blast, crush or wash, an application form requesting Appraval df a Source should be submitted to the Department of Environment and Loca1 Governrnent for review. • The owner opsrator sha11 ensure that odor,ciust,ie fi�gitive particulate matter,noise, or site run- off being released or discharged from a facility does not cause adverse impacts t�any off-s[te receptor. The department has in the past received complaints regarding site rur�-aff and air quality related concerns. � Please find atta,ched a copy of the Department of Environmetat and Local Government's draft Sand&Gravel Pits En�►�ironmental Cruidelines as well as the link to the Department°s Acts and Regulations www.�av.nb.ca/ju�stice Rogcrs has been advised of this applicataon. Saint John Emergy has been advised of this application. Saint John Fire Department has bcez►advised of�his applicatinn. 60 Fundy B�y Sand&Gravel Inc. p�� Lands Adja�ent to 4b0 Latimare�.ake Road February 15,2f113 BACKGRUUND: C?n Febnaa�y 13,2001,the�'lanning Advisory Committee approved, far a temporary period of one�ear, the use of the front portion of PID 00333419 as the means of access from Latimor�Lake Raad tp a temparary woodcutting operation an the"RF"Rural zoned portion of the James E. Boyle property(PID 04333419 aud�0334599,now awned by 515129 N.B, Tnc. and subject ta this applicattian for rezoning}, T�e Committee's approval was required because the portion of the Boyle prope7rty that abuts Latimore Lake Road is zoned"RS-1M" One atid Two Family ancl Mobil�Home Suburban Residential, which does not permit�woodlot or woodlot access. On May 24,2005 Common Council deni�d an application tu rezone the sub3ect site, Iands adjacenC to 460 Latimore Lake Raad being portians ofPID Numbers 00333385, 00334599 and 00333414,£�rana "RF"Rural"to"PQ"Pits and Quarries to permit a gra�el pit.The Planning Advisory Committee had also recommended denial of the application on May 17,2005. On July l$,20l l, Gonunon Council�gain denied the sazne rezoning application as the one made in the spring of 2005;to rezone a portion of PIDs OQ333385,00334599 and 00333414,from"RF"Rura1"to "PQ"Pits and Quarries to permit a gravel pit. The Planning Advisory Committee had reco�rnended appro�-al of the application on June 21,2011, AN'AY,'YSrS: Sitc and Surrounding Area The subject site is approximately 35 hectares (86 acres)o£lan.d con�prising portions of PID� 55214332, 00934594, and 00333419 in the�ti�mnre Lake Road area of the Cit�. The portioxas af these properties that make up the subject site are Iocated about half way�etween the northerly and southerly ends of the three pr�perties. The subject site is partiall�forested with elevations ranging from a low of approximately 115 metres above sea level to a high of appraxim�tely 150 metres abo��e sea level. This axea of the City is primarily n�ral in nature with linear residential develapment a1on�Latimore Lake Road, and some additional residential development an short cul-de-sacs and sfireets.North of the proposed�rave[pit is Lackie Road,the Latimore Lake Community Centre, and Ocea.n�zew Cemctery, North-east of the site is the rural subdivision lrnown as Latimore Lake Estates,and north of this is a mobile home paz�C. DirectlS west of the subject site is the existing Fundy Bay Sand&Gravel Inc.pit operation�t 460 Latirnor�Lake Road, owned by Fundy Ba�Holdings Ltd, Sonth of the suhject site is rural, undeveloped lands. This area of t}xe City has long been recognized as containing quality aggregate anc�ot er the ycars a number of permanent and temporary gravel pits have been in operation.Today,ti�ere are two large-scale acfii�e gravel pit operations within 2 kilometres of the proposa!and one inactive temporary excavat�on area. There remai.n a mumber of smaller pre«ousty exca.vated areas in this area as well. The close proximity betv�een residential propertS ownezs and aggregate opera.tors in this area htts created long standing conflicts betti een the two,with r,omplai�s relKting to noise, dust and truuck traf�ic fram residential owners. 61 Fundy Say Sand&Gra�-el Inc. p�g Lands Adjacer►t to 460 Latimore L�ke Raad February 15, 2Q13 Proposal This application differs from the previous t�va a�piications, in 2005 and 20I 1,in that all thzee PIDs subject to the rezoning are now owned by S l 5129 NB Inc. The proposal itse�,to rezone approxYrnately 35 hectares of the approximate►y 81 hectates that make up these three properties,from"RF"Rural to "FQ"Pits arxd Quarries to permit a gravel pit operatian,remains the same. T'he agplicant has entered into an agreement v�zth the landowner to lease the rights ta extract aggregate from the sutbject site. The applicant aper�tes the a.ggregate operation at 460 Latirnore Lake Road�nd has proposed ta utilize the existing interzxal haul road and driveway to remove aggr�gate from the subject site. As part�f this application,the owner has agai.0 agr�eti to enter into a.Section 101 Agreement with respect ta the p�aperty at�60 Latimore Lake Road. The Tech�ical Rcport,prepared h3• Genivar for the applicant in May 2011 for the pre�-ious application, indicates the applicant intended to hegin extraction at the southwest corner of the subje�t site and finish at the northeast carner of the site. The proposed phasing plan for extraction and required rehabilitation ofthis site�vili be detailed on the site plan that is required Lo be submitted for review and approval by the Building Inspector as part of the application for an excavation permit.As such,the exact phasing plan for aggregate remaval and subsequent pragressive rehabilitation of exhausted areas ou the subject site is not available at#his time. The operation will be limited ta gra�rel excavation and will not include blasting and the disturbed area o�the si#e is proposed�o be limited to 5 hectares, as per thc z�ecammended condition. Municipal�'lan 7 kte subjeat site is lacated outside of the Primary Development�lrea iri the Rural flrea of the City. The Iand is designated Rural Resource in the Municipal Plaxi,which is a designation that is iniended to facilitate zesource related activities,w�ere appropriate,such as forestry operati�ns, agriculture, fisheries, ar�d extraction acti�-ihes, including pits and quarries. The Pl�n states that extractive industries for,m an important camponent of the economic aetivities in the region and it is the ixrtent of the City to support and encowage their continued operation.However,the PIan also recagnizes that pit and quazry operatians are not campatible with residential land uses and as such,the Rura1 Resource designation seeks to intentionally limit proposats for ne�v residential devclapment through compatibility requirements,minymum lot size a�ad existing public raad access. In terms of assessing proposals to rezone land to permit new pits and/or quarriea,poliey L[J-4b in the Plan provides guidance in tenms of the criteria far assessment of such proposals. The following details the listed criteria from Policy LU-96 {in italics) and a�a assessment of how this proposal is compliant with each criterion: a. Carrepatabiliry with andivr minimul impact on existing adjacent land uses; The pr�posed gravel pit is in a location that exceeds the required setback standards for this use, with t}�e exception£or the requested drit eway setback. Thc applicant has agreed ta enter into a Sectian 1Q1 Agreetncnt for tb.e adjacent operation at 460 Latirnore L,ake Raad and proposed a nuxnber of conditions tha.t will reduce the impact of this histaric opezation. 62 Fundy-Bay 5and&Gravel Inc, page 9 Lands Adja�cent to 460 Latimore Lake Raad Februar}� 15,2013 b, An approprrate lacation arrd acceptable hours n,f aperation; The applicant has praposed to�xmit the hours of operatian for botb.the existing pit at 460 Latimore Lake Road and the proposed gravel pit to Monday to Friday from 7:OOAM to 6:OOPM. TlZis will ensute area residents will not be disturbed on weekends,or early morr�ings and into their supper hours through the week, c. A stormwater management plan; This is a rec�uirement prior to an excavation permit far tlae p�roposed gravel pit The applicant has also agreed#o provide a starmwater management plan for the existing gravel pit at 460 Latimore Lake Road as part of the Section l 0I Agreement,to ensure stormwater is managed appro�riately on site. d, Incarporation ofsite develapraen�measures which will assist in the control ofsmoke, dust, odour, toxic materials, vibrution and noise; These meas�res are required urider the"PQ"Pits an�d Q�rries zone and wiU be requ.ired to be detvled on tlxe site development plan,prior to issuance of an exca��atiozt permit.The owncr has also agreed#a incorpor�te measrires in the Section 101 Agreement for the p�uperly at 46Q Latimore Lake Rnad including relocating the crusher. e. Compliance wi�h requfred setbacl� yara� and separation distances fror►z existing roads or uses•, The proposal excceds the separarion d.isi.ance setbaeks required in the"PQ"Pits at�d Quarries zone with the exception of the driveway. Given that the driveway is located�p�roximately l.$ kilometres from Latimore Lake Road in an isolated locatiox�, staff have no objection to this variance. f. The provision of visual screening, 'The site will be required to adhere to the 30 metre setback�xf the"PQ"Pits and Quarries zone, with the exception of the driveway entrance, should this be approved.The limitation on the size of tl�e operation will ensure progressive rehabilitation will take place. g. Accepiable lac�tion fnr buildings and eguipment; The proposed gavel pit will utilize thc cxisting infi�astructure of 460 Latimore Lake Road,wh�ich in rec:ent s�ears has been relor.ated on the site to reduce the impact to neighbouring property o�wx�ers. It is also prQposed,th��ugh the Section 1Q1 Agreement,that the an-site crusher will be relocated further back from Latimore Lake Road. h. Inclusion of necessary safety and protective measures; The�it operator is required to adhere to the VVorkplace Safety Standards, as per the Qccupational Healih ar�d Safety Act, for the safe operation of a gravel pit af tlus nature. The City,under the"PQ"Pits and Quarries zone standards requires the gravel pit to be safely main.tained, includiug required fencing and access gates to restrict access ta the site at all iimes. These measures are enforceable and will be detailed as part af the site plan for the proposed g�avel pit. 63 Fundy Bay Sand&Gravel Inc. P$ge ld Lands Adjacent to a60 Latimore Lake Road February 15,�.013 i. Acceptabde loca�ion of entrances arrd exits, and the desig»ation of acceptable hauling routes. The proposed pit u►ill utilize the existing internal haui road and drivewap of the pit at 460 Latimore Lake Road. The applicant is proposing,through the Section 101 Agreement,to cxtend the dust-free,hard surface by approximately 5(?0 metres,which will create a dust-free hard surfar,e that is appxaximately 800 metres from Latimore Lake Road. j. Demonstrated compliance with signage and landscapirigprnvisions. The new pit will be required to adhere to signagc requirements and rehabilitation requirements. k. Measus-es to ensure future rehabrlitatian of the site. The applicant will be required to post a securit}-to ensure the City is protectecl agailast default of th�ir rehabilita,tion requirements far the property. The se�urity requirement for the�xist�rg operation at 460 Latimore Lake Raad will alsa be reviewed through the Section 1�1 Agr�ement. Zoning Bylaw Priar to the issuance of an exca�-ation permit,the conditions ciescribed in section 68U(10)(d}rnust be addressed to thhe satasfaction of the Bui3ding Inspector. Criven that this proposal requires the use of the existing internal haul road and dri�eway of 460 Latimore Lake Road,tl�e applicant has agrccd to cnter into a Section 101 Agreement to address identified issues with this site that will ensure on-going compliance with the"PQ"Pits ar3d Quarries zone standards. The proposed variance to pez�mit the driveway to encroach into the required 30 metre setback from adjacent praperty can be supported given the isolated location and limited impact this proposes. Section 101 Agreement: 464 Latinaore Lake Road Thc proposal to rezox�e�a�nds adjacent to 460 Latimore Lake Road is dependent on securing access thraugh the exisi;ing gravel pit operation at 460 Latimore Lake Road. 'The Section 39 condilions#hat will be recommentled for t}ae rezoning hov�ever cannot be extended to this neighbouring property, as it is not part of the propert}•to be rezoned. In this circumsta.nce,there are some historic concerns with the existix�g operation at 460 Latimore Lake Road and in order to be in a position to recornmend proceeding with the rezaning of the subject lands, staff spoke with the applicant to secure a cammitrncnt from thc property owner for improvements to the existing operation at 464 Lafiimore Lake Road. Such. improvements are proposed to be formalized in a Seotion 1Q1 Agreement,under the Community Plann�ng Act. It should be noted tha.t agre�ment fram the praperty owner as to the conditions in the Section 101 Agreement is required. Candationa cannot be imposed. 64 Fund) Bay Sand&Gravel Inc. Page 11 Lands Adjacent to 460 Latimdre talce Road February 15,2013 Background.• The e�sting gravel pit Iaca#ed at 460 Latimore Lake Road has been in operation since approximately 1978,ar about 35 years. In 2001,the City, with#he owner's consent,willfully rezoned the property ta "PQ"Pits and Quarries.At the same time, se�-eral variances wer�e also granted in order to `grand�'ather' this aperation.The vaziamces included a reduced setback fxom the residentially zon,ed n�eighbaurs and permissian for their existing excavated aze�s that went to the property line. In exchange for these variances,Tund��Bay Hoidings Ltd.was required to submit and adhere ta a proposed rehabilitation plan for the site,with particular emph�asis on improvements to the front portion of the sit�in closest proximi`ty to the adjaeent residential land uses anc�Latimare Lake Road. This was submitted iin March of 2000 and accepted by�he Gity as part of the rezoning application in 2001. However,there were no tiznelines attached to the implementation of this rehabilitation plan and no landscape specifications to guide the zehabilitation investments. As such, enfarcement has been challenging.This has crea.ted an unfort�nate situation for neighbouring residents,whose expectatians for rehabilitation ha��e not been met,lesding tn long-standing concerns regarding ttxe izng�ct of the existing gravel pit.To date,there are no outstanding Notices of Violations on record with tlie Building Inspection Dcpartment. The original relaabilitation plan from March 2�04 identif ed the following: 1. Relocate the scale,scale house,and equipment storage area fram the front of the property ta an area closer to th�excavation face o�'the site and re-vegetate I replant the front af the propertS to screen the operation from Latiixiore Lake Road. 2. Relocate the crusher!stockpiles site at the frant of the property to the rear of the scale,scale house and equipment stora.ge area and re-vegetate 1 replant the site. 3. Build a landscaped berrn on the eas#side of the property,near the front of the site to screen.the property fram the adjacent residential property. 4. South of the landscaped berm,the required 3Q metre buffer from the edge af the property must be created and planted with evergr�en to create an acceptable screen(pinelspruce identified). S. On the west side, across from 1.he proposed landscaped berm,tbere is an area idcntified to be filled hov�ever na specificativxis were listed. 2005 Rezonrng Application: In 2005,the operator applied to rezone the subje�t site(lands adjacent to 460 Latiunore Lake Road}to "PQ"Pits and Quarries. As v�iih the applicatiqn today,the owner required t�e use of the existing internal haul route and driveway at h60 Latimore Lake Road to ex�ract the aggTegatc. Recognizing that the applicant had not yet completed the required site rehabilitation identified on the plan from 20Q0,staff recommended the Cit}-entet into a Section �Ol Agreement to require the necessary upgrades to the existing gra�el pit as part Qf ihe rezoning approval. The owner agread to the Sect'tan 101 Agreement deta.iling the follawing imprrovements to 4b0 Latimore Lake Roa�: 1. Paving of the entrance#o a minimum depth af 60 metres(2DQ feet)from Latimare Lalce Road; 2. Relocation of the scales/scale hc�use to a locatian on the propei-ty that is approximately 18Q to 210 metres(500—700 feet) from Latimore Lake Road; 3, Construction of a landscaped berm between a portion of the�aul road and the Laclde Road area; 65 Fundy Bay Sand 8c Gra�•el Inc. page 12 Lands Adjacent to 46Q Latimore Lake Road Februe�ry 15,2013 4. Placement a�approxi�mately 29 acres af the cxisting"PQ"Pits and Quarries zoned area into a "do not disturb"condition so that there is no change in the size(ie nurnber of acres) of permitted e�cavation area a��ailable to Fundy Bay Sand&Gravel/Fundy Bay Holdings.This"set aside" azea would be located immediately to the west af the area to be rezoned. The rezoning application was denied by Cammon Counci.l.and as such,the Section 101 Agreement was not executed. Howe��er,the applicant proceeded wi�th implementing all of the origi n�a1 rehabilitation requi.rements from the 2001 plan atid some of the canc�i,tions that would have been included in the Section 101 Agreement from the 2005 application to rezone adjacent lands. This included adding a dust- free hard surface appro�cirnately 300 Fnetres from the entrance into the site,relocating the scale and scale house approximately 1$p m.etres from Latimore Lalce Ro�d,cdnstruction of the landscaped berm be�twecn thc haul roaci and Lackie Road azea,and applying grass seed to some of th�areas whate 1:he builditags used to be located. 'i'i1e applicant also pi�ted some additional trees at the edge of the site adjacent to Latimore Lake Road to increasc the vegetative screen from the road. In 2011,the operator applied once again to zezone the subject site(lands adjacent to 460 Latimnre Lake Road)and once again,agreed to enter into a Section 1Q1 Agreement that would require the following addihonal improveznents to the site at 4d0 I.�timore Lake Road,should t.h�e application be approved: 1. Pat-e az�additiona140Q metres(1,312 feet)of the access raad from 4b0 Latimore Lake Road that would be utilized by the proposed pit on the subject site. 2. Reduce the ext�action activity of the existing apez�ation as e�traction begins on the proposed site. "The end result will be no inCxease in extraction activity. For instance,if he is extracting 10 acres on the proposed site,his extrackion activity on the existing site witl reduce by 1Q aeres during the sam�timeframe.,, The rezaning applicafion was denied again by Common Council atxd as such,fihe Section 101 Agreement was not executed. Thc application before the Committee today is the tllird time tlus operator has applied for this proposcd rezaning and has again agreed to enl:er into a Section 1�1 Agreement that will require additional upgrades to the existing site at 460 Latimore Laike Raad,beyond what was originally p�ropnsed. Staff and the applicant have met and reviewed the history on the file,the original zehabilitation plan, compliance with fhe"PQ"Pits and Quarries zonc, and the preriousiy proposed Section l0i Agreement conditions. The proposed condi#ions to be ancladed i.n the Section 101 Agreement are considered to be fair,xeasonable, and enfarceable as they will ultimately require timelines, specifications and standards, aiad an approgriate security attached to all rehabilitation and exca�atian work goix�g forward. 'f his will provide cleaz direction for the operator,the s�nraunding community and the Gity with respect to the expectations fox future rehabilitation and excavation on this site.The details af the Secfion 101 condi�ians are provided in the recommendataons seetian of this report. 66 Fundy Bay Sand&Gra�el inc. P�ge 13 Lands Adjaccntto 460 Lati�ore Lake Road �ebruary 15,Z013 CONCLUS��N: The praposed site for the rezoning to"PQ"Pits and Qaarries is cnnsistent with the intended land uses far Rura1 Resource Areas. The site is located an appropriate distance from the adjacent lands vt*ith an acceptable minar variance being requested for the driveway entrance location. The applicant will be required to subrnit the appmpriate site plan,rehabilitation plan, and drainage p1an,�s required by the "PQ"Pits and Quarries zone,prior to recei��ing an exca�ation penrnit.The additional recommcnded Section 39 condition that would Iimit the acti�e exca�•ation area af the site at all times to 5 hectares wi11 ensure the scale of the opera�ion is limited and provides the City and the surrounding neighbourhoocl w�tri the ability#o ensure progressive rehabilitation takes p��ce. The use of the existing gra�el pit operation at 4�0 I.atirnore Lake Road to support the proposed gtavel. pit on the adjacent lands provides the City with thc opporlunity to negotiate upgrades to this Iarge, �a.istoric operation that are consistent wi�th the"PQ"Pits and Quarries zone. �,xtensive discnssions with the app�icant,whom is the nexi generation of operators at this site,have resultcd in a list of conditions that would bring ixnprovemen�fis to the operatian, including certainty with respect ta the rehabilitation specifications and the tixneline�or the work to be comgleted. The ca�nditians provide the opportunity to reduce noise and dust, provide visual improvements tv the fxa�t of the site,adjacent to Lat�ore Lake Road, and address the on-site drainage concerns. Withholdin,g#hird reading of ttie rezaning will pro�ide the applicant and the City the necessary time to prepare the details associated with the Sectian 101 Agreement and work through the on-site znspection recorn�mendations. It is recommended that this applica.tion be approved,with the recommended conditions. SF Project No. 13-020 67 PLANN3NG AND �EVELOPMENT 1 URB��IISME ET D�VELOPPEMENT zz.� , �t�-� ,a � r,,,,,, � �"''�. N.�g �+ � � r 4�` �� 5.70 R�'` ��3-� t ►. ��r�� x� � � � i � � � + ~ + �r, • � � � 1 r, � � � � : � � � � � { � � �+ '� �► R . � � � � � � � . � � f � �� . r � � + �. . , ♦ * � , � , � �y � � . ± :��.� . • �� . ♦ � -.�► , * . � • . � p � .�' � �' �� • � �J� , Part of PID(s}/NIP(s}: Subject Si�elsite en question: � 55214332, 00334599, and 00333419 Location: Lands adjacent ta 460 Latimore Lake Rd Date: February 1, f�vrier 2013 Scale/�chelle: Not to scalelPas � I'�chelle 68 . �Vl� ., " " "— " � � I � �7 1 � �1� . �, . ' ,' .f. .� • !�•��'Ft'�.��'�� ` ` •'in � . 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'♦ J� � '1 � R! � ry . . ti �'�- •,., J� � i� r ::,.,:,�, .'t, � .�- ,'�� ,,,� � j �� ', , � f f -., .� � _ �, ' �� .� - - �� L '' • � . e4.l��'' • ' � �� f:. ,. � �„�F '� � , ' .�� -. , ,a _.�_ �j_ • �r � r�i Y',�� +t , �,�, �. � • � � � . .. .:_� � d . _, J . ,• � f .:1�• ' tr �• ' � _� Y ��r ,•� '` �'' ' . i"r' j. l.`� , ., ' . .r! ; J s � ' ;��,— - , y .�. I_ .� , 5' •' . . � �� :: '� ��,� �. � � � � � • • � �i1�i',� � �.F '��' � ' � r •� �k1' . � �'�i - � '• -' - _ �' � � , . �=° �� * SCHEDULE A � a Proposed Section 101 Conditions: . , ; � " ' � `��? 1 ^ � � `" �''� � 460 Latimore Lake Rd � .-. ` � �� '- 1' �I 46D Latimore Lake Rd_ . - 1 ... Study Area � ,� � y �Proposed Area to be Rehabilitated(a) �, ` x , � Proposed Area to be Re••iewed for Rehab Standard(b) c ' �Future Excavated Area(c) � � Proposed Roads �.� - �� Future Asphalt Road(e) �� Exisiing Asphalt Road(e} .� � � �Exisiing Asphalt Road-to be tree line(fl " S _ ,r�. �;��!<<` Exisiing Haul Road Zone � �30m buffer(g) ' �j, ` , = � , Machinery � � Existing Crusher Location(h) � Potential Crusher Location{h) ' f. � Exisiing Processing InfrasVucture(i) r Y� . . i ti '� •_. .. � y ` � , ... �•. �• .. �4' �'. ,�•: - ��+, ;_ w N ; � �.� i��r_ ' �+ '-'�` � S F � 0 5u 54a ano � � � ,' �4 `, •� , '_- ,� � �.pcnabtlbylhG:a16alntJahn ,� CaN pretly�p py 7%a C�of Seinl bhn � - 1 • ��2��, '.Fohruey2o19TheCi;.e�$glNJahr B80 PITS AND C�UpRRIE3 P�QZ (1) Uses Any land, buf[ding or str�ciure may be used for the purposes�f, and for Ro oth�r purpose than (a} The�ollowing usea: - pit - yuarry - the excavation of sand,gravel, clay, shale, limestone, or other deposits; - the removal af topsail; (b) As a second�ry use, screening af aggregates, crushing and washing of aggregates,storage of aggregates,topsoil and overburden, the parking and storage of trucks and heavy equipment, a caretake�'s residence, offices, buildings, and weigh scales. (c) Subject to Section 3(b),an accessory building,structure or use incidental to a use, buifding or structure perrnitted in this section. (�) Prohibition of Excavation (a) Any exca�ation af material identified in sltuations in subsection{i} if it is underkaken for the purposes of sale or other commercial use, is prohibited un#il an excavation perrnit has been obtained. (3} Zone Standards SuSject to (c)(iii)the minimum distances stipufated herein must be maintained between any excavation upon land wit� respect to wh€ch an exca�atfan permit has been issued and the following situations: 5ituations Minimum �111fnimum Minimum Distance From Dist�nce D[stance From a Quarry From a Pit Cri,isher {i) Residentially Zoned property�r existing 200 m 150m 2Q0 m dwellings at the time of the applictinn to re-zone far pft ar quarry (ii}Other Zones 50 m 30 m �p m (iii)Pu61ic water supply 6QOrn 150 m 150 m (iv) Public road 30 m 30 m 30 m (v) Properly line of excavatfon site 3Q m 3fl m 30 m 123 74 680 PQ ZONE (3) (a) No building, structure or storage or repair area in r,onnection with the excevation may be loc�ted within 30 metres in the case of e gravel pit, or 50 metres in the case of a quarry, oi`a public street or an adjacent zone other than an"I-'i" Light Indus#rial, 'I-2" Heavy InduS#rial or"P-Q" Pits and Quarries Zone (b) Noiwithstanding sub�ar�grah 2{a)(iv), tha#na excavation take place within seven and one-half(7.5)metres at fihe ground line of the legs of a power transmissiqn line tower, with a slope of not less than one and one-half(1%:)metres hor¢ontal ta one (1)metre vertical away there from_ {c) Acoess (i) Every private access shal! be lacated a minimum of 3�metr�s from the prop�rty lines o#the pit or quarry; (ii} Every private access shall be paved#or the first 30 metres from its Enterssctian witF�a public street; {iii) Where one or more residential dwellings exist wil�in 150 metres of the private a�cess,that portivn of the private access must be paved unless; - the dwelling or dwellings are owned by the awner of the pit or quarry served by the said private access or; - there exists either a natural treed screen having a minimum depth of 3U mefres and a minimum height of 4 metres,a natural topographic feature a minimum af� metres in height, ar a man made landscaped berm having a minimum height of 4 metres, located befinreen the said private access and the said residential dwelling ar dwellings extending 25 m further on either side. (irr) Every private access created subsequent to the coming into force of this section and which has a Isngth greater than 50 metres shall be constructer.l in a curved fashian so as to prevent direct visibility of the ecavation site and operation from the publiG street at its intersectian with the private aocass; {v) Every private access to a pit or quarry shall have a gate at the s�tranco, within 20m of the pubfic road.The gate shall be locked when the pit or quarry is not actively in operation. (d} Hours of Qaeration Excavation of land and related ac#ivities involving the t�se of heavy equipment and crusY�ing equipment, ahall or�ly be carriad on betaveen the hours Qf 7�QQ o'clack in the forenoon and 8:00 o'clock in the�ftemoon of each day, except on holici�ys as defined in the Provincial Irrterpretation Act when no excava#ion of land is permitteti. 124 75 680 PQ ZONE (3) (e) ScreenEna A h�eed buffer, at a minimum of 30 metres in depth and a minimum of d metres in height ar a#opograhic feature a minimum of 4 metres in height, shall surround the excavation site with the exception of an area for an approvetl access. If trees do not exist in quantities to adequately screen the vtsibility of the operation fram a pubfic road or adjacant residential properties, the appl�cant shall construct a treed and landscaped berm 4 metres in height to�isualfy scresn the excavation s�te and associated acti�ities. The loc�#ion of buffers, existing or prapased, shall be identfi�d on the appiicants site plan(s}and the treed buffeKs)shall be in place prior to the start of excavation of the aggr�gate resource.Onsite material may be used for constructing bu�fers anrf berms. (t} Site Rehabilitatio� T�e land with respect ta which an excavation permit has been issued shall be rehabilitated in a presgressirre manner in accordance with subsection (11)hereof. (4) Excavation Permit Apolication A person seeking to obtain an excavation permit shal! be the owner ar agent af the land proposed ta be excavated and shaU make app[icatior� in writing ta the Building lnspector in a form prescribed by the Building inspector, and such appiication signed by the applicant, shall, (a) record the name and address of the applicant and the location of the proposed excavation; (b) contain a statement indicating the purpose of the work to be carried qn and the portion of Eand where excavafion will commence or is in progress,the order of sequence for exca�ating the balance of the land�nd the intended use of the land after excavation has ceased; {c) cantain a statement af the estirnated vplume of material in cubi�me#res proposed to be exca�ated during the term of the excavation permit; (d) include the awners express cansent to the entry upon the land which is the subject of the app[icafian by the City af Saint John and anyone authorized by it including its servants,agen#s,employees and workmen,vohether by fnot or by�ehicle tagethsr with the equipment to be used for the purpose of rehabilitating that land in accordance with fhe provisions of this By-law in the event the owner has failed to do so wlfihin the time limits sfiipulated herein; (e} state the estimated dates of commencement and duratiQn of the excavatian; (fl indir.�te the prob�ble maximum depths and maximum slopes of the proposed exc�va�on ai the end of the term of the permit for which the application is made; 125 76 $6� PQ ZONE {4} (g) indicate the ultimate depth, eievations and grades of the excavation shall be subject to any a�aplicable requirements of the Building Inspector for future strseis and water and sewer lines; (h) set out the eantrols and methods to be employed in prev�nting the emission of smoke, dust,afours,toxic materials, vibrations and noise; (i) all blast+ng to be monitored to ensure comqliance by a professional engineer; (ii) all blasting ta be designed, loat�ed, supervised and inifiated by a Category I blaster as r.ertified under tfie °Apprentipeship and Occupational Certification ACY; (iii) all blasting operations to conform ta the latest version of the"General Regulatian—Occupatinnal Health and 5afe#y Ac["with particuEar attention ta Parts;"XII-Explosi�es"and"XN-Pits and Quarries°. {i) include ane or more plans drawn to a scafe of not less thah 1 to 1pQQ by a professiona! engineer, [andscape srch�fect, fand use planner and or, surveyor.These plan{s)shall shaw the phased develnpment of a}�it or quarry for a period af 1-5 years and shall indicate; (ij the baundaries of khe property with respect to which the application is made, and its rela6on to existing strests 2�nd other�roperties; �ii} �xisting topography at na more than 2 metre�ntour intervals, or spot elevations or cross sections wlth a vettical scale of 1 to 10Q, or a combinafion thereof,where 2 metre contour intervals are nat available; (iii) location vf existing natural watercourses and dralnage areas as at the seasanal spring peak flow periad; (iv) iocatian of existing pawer transmission line towers and other structures; (v) an outline of the area to be exca�ated; (vi) the location of praposed wafer courses and drainage, including lakes, ponds and re#ention areas; (vii) the proposed Ivcation otany buildings,scale fi�ause, equipment,equipment storage area and equipment repair sheds or areas; (�iii) the lacation af protectiva fencing if required by the Building Inspector; (oc} the location of entr�nces and exits to the site of the proposed excavatiort and gates (if any); (x} fihe location af tra�ic routes to and from the area to be excavateci; 126 77 �g0 PQ ZONE (4) (i} {xi) the location and size of signs erected or proppsed to be erected within the site of the proposed excavation and gates�'rf any); �xii) the depth of the existing water table; {xiii) the method of acnieving a closed loop drainage system ak the excavation area. If a closed laop system cannot be achieved, iilustrate on site plans and have evldence that the Provinclal or Federal approval authoriiy, has appro�ed an altemative dralnage system; {xiv) the location of an existing or proposed water source for use in dust c�ntro! measures subject to subparagraph(10)(e}; (xv) the location of storage area(s}for hazardous materiais as defined by the Provincial Hazardous Materials Act; (xvi) ths location of storage areas for explastve rnaterials; (xvii} the lacation of praposed treed berms and natural treed buffers to be retained for sc�eening; (xviii) the lo�ation af stprage areas for topsail and overburden to be used in rehabilitation. {j) Where the appfication is for an excavation permit relating to a pit or quarry proposed to be opened subsequent to the coming into forca of this sub-paragraph,a statement fram a professional engineer or hydrologist identifying the depth of the existing water table at the location of the proposed excavation as well as his opinion respecting effect if any,of the proposed excavation upon that water fiable level on adjaoent properties not awned by the applEcant; {k) W�ere ar� application for an excavation permit relating to an existing pit or quarry site proposes to increase the depth of excavation on that site, a statement from a prafessional engineer or hydrologist identi�ying the depth of the existing w�ter table at the Ic�cation of the praposed excavation as well as his opinion respectirtg effect, if any,of the proposed excavation upon that water table level; (I} An application for an excavation permit shall be acoornpanied by one or more plsns, ather than those mentioned in paragraph�80(4)(i)drawn ta a scale by the professionals mentioned in that paragraph, indicati�g#he proposed methad of�ehabflitation af the excavation area a000rding to the pro�isfons of this By-law,and setting aut; {i) the proposeti grading at not more than 2 metre oontour int�rvals or by cross- sectfons wlth a horizontal scale of 1 to 1000 and a vertica!scale of 1 ta 100 or any combination of these including the slopes for the end of the term for which the permit 9s being sought; 127 78 680 PQ ZONE (4) (I} {ii} the location,quantity and type of trees, planti�g, hydro-seeding,or other ground cover materials to be used including the type artd depth of soii to be used on the berms for the purposes of estabEishing vegetation; (lil) detalls of all items and #satunes pertaining fio improvement and preserva#ion of the land, Including any retaining walls; (iv) the estimated dates of c;o�tmencement and completian of such rehabilitafion, the portion of land on which i#wil!oomrr�ence and the order and the tima schedule fi�r rehabilitatien of the balance of the site. (m) Each application for an excavation psrmit shall be accorripanied by a fee.of$'{,104. (5) Excava#ion Permit Subject to subsection(7)the Building Inspector shall issue an exc.av�tion permit where, (a) an application under this Section has been received and; (b) the applicarrt has depasited with the Building Inspector security in ac�ordance with subsecHon (9), sa#isfa�tory to the Building lnspector and; (c) the proposed�excavation and rehabilitation of#he land for whi�h an excavatfon permit has been saught have been approved by the Development Officer as conforming with all requirements of#his By-law; anci (d) the fee set out in subseciion (4)has been paid. (6) (a} An excauation permit is valid from the date qf its issuance �ntil the earlier of: (i} December 31�'of tlie same year;or {ii) The date pf the registration in the Saint Jahn County Registry Qffice af a Deed conveying titie to the land in question from the applicant. (b) I n the event an excavation permit terminates due to the conveyan�e of the land in question,the Building Inspector shall issue,without fee, a new excav�tion perm9t for the remainder of the calendar year if the new owner delivers to the Building Inspector: (i) sscurity in accordance with the requirernents of subsection (9); and (ii) �written statement that in consideration of#he Buildfig Inspecto�'s issuing an exC�v�tiprt perm�t ti�e new owner consents to the entry upon the land in question by the City of Saint John and anyone authorized by it, Ir'icluding its servants,agents, smployees and v�ror�cmen,whether by foot�r by vehicle together with the equipment to Iae used for thc:purpose of reh�bilitating that land i� accordanoe with the provisions of this section in the even#the own�r has failed to do so within the tlme limit stipufated herein. 128 79 680 PQ ZONE (7} An excavatian permit shall, (a� be in the farm prescribed by the Building Inspector; (b) be signad by the Building Inspector; (c) indicate the purpose of the work to ba cacried an; (d) set aut any cantrols or measure�which in the opinion of the @uilding Inspector shall be employed in the operation, including any oonditians which may have been imposed by Common Council upon the re-zaning of the site. (8) No permit may he issued ur�der subsection(6) if, (a) the propased work would; (i) create a hazard ta human life; (ii) �ndanger adjain�ng properly, or (iii) adversely a�fect a public sewer, water main�watercourse or street; or (iv} not meet the condltlans af use set out in the zanes which permit the excavation use. (b) the land af the site is subject#a geolagical instability or flaod h�zards to the extent that, in the opinion of the Building lnspector, no reasonable amount of corrective work could eliminat�ar sufficientEy reduce the instability or hazard. (9) No exq�ation permit may be issued under subsection (6)until the applicant has deposited a sum of money or an Irrevocable Standby Letter of Credit issued by a chartered Canadian �inancial institution in favour of the City, in an amount deteRnined by the Building Enspectar t� be adequate to cover the estimated cost of rehabilitation of the Isnd of the site in accordance with the terms and time limits stipulated herein. {10) Permit Cqnditi�ns A permit under subsection(5) Is subject to the foqowing terms and conditions: (a) Sloae of Workinq Face (i) The slope oi the worki�g fiace of the exeavation,ather th�n in a quarry, must not ba steeper than one and one-quarter(1'/4) metres horizontal to ane(7) metre ver#ical for the full depth of the excavation; {ii) Subject to paragraph ('IU){b)quarries are permitted to have a�ertical working i�ce; �29 80 $8� PQ ZONE (10) (a) (iii) Any land which extends, projects ar juts over or beyond the top,working face of the excavation shall be knocked down and left in such condition at the end of ea�h woricing shift so as to prevent the danger of 2�f�ll by natura!or ather causes; {iv) WE�ere an occasional ope►atirrg condition resufts in a working face having� slope steeperthan the one and one-yuarter(1'/dy metre horizontal ta one (1) metre ve�tical prescrfbed under subparagraph (i}, the owner of the land being excavated shakl bring or have the slope brought to at least that prescribec!within forty-eight(48)hours after notice to tha�effect from the Building Inspector. {b) Pratection at Vertical Slopes Wher�e the slape of the working fac�of a quarry is steeper than 'f:1 {vertical:horizontal) and#he vertical height of the working#ace is greate�than 3 metres a combination af boulders and signage spaced alang the perimeter of the sltspe will 6e required. The houlders s�all be no smaller than 1 metre in size and spaced at rnaximum interv�ls of 2 metres. Signage warnfrtg of the danger shall be placed at 15 metre intervals. Fencing may be requir�d for all or a pofion pf the site i�in the opinion of the Buifding inspector there fs a greater chance that pubGc safaty is at risk_ (c} Access Every private access serving a new or existing pit or quarry Sh�ll be maintained in a reasonably dust free c�ndition!�y paving,watering, or use of calcium chloride and areas that are pavecf shall remain in a reasonably dust-free condition. (d) YVater Table No excavation shall take pface in a pit or quarry su as to lower the water table dn land adjacent to that for which an excavation permit has been issued.The ultimate depth of #he exc�v�tion must be able ka sustain the int�nded long term uses of the land as indicated. (e) Water Source Every new or expanding pit or quarry mu�t have an available natural ar man made so�rce o#water on s[te, sufficient to meet the requirements of the Pra�incial Clean Environment Act, beinre excavation can take place. (f} Site Qrainaqe All pits or quarries sh�ll opera#e with a closed loop drainage system allowing no water to leave the un-rehabilit�ted partion of the excavatian area,or in ac�ordance wi#h a dralnage plan appro�ed 6y�tte ProvirtciaE Depattment o#the Environment and Federal Department of Fisheries and pceans. 130 81 �� PQ ZOItilE (1U) (S) Pro�ertv Lines The owner shall have the property lines staked or marked as requirec€by the Building Inspector.The ow�er shall, if requested by the �uilding Inspector, provide one or mane referenca ber�chmarks. (h) Tonsoil Remoyal Topsoil stripped from the site shall be stockpiled on site in sufFicient quanfities for use es an organic material tp provide ior the complets re-vegetatipn of tfie disturbed areas of the site not including access roads. Rer�noval of topsoil shaEl not�xiand beyond the excavation area as approved for the current year of the p�rmit. (i) Cfear Cuttin� Cle�r cutting of trees or other existing vegetation is npt permitted to exfiend any further than the excav�tiar� area far the cument year of the permit and access road as illustrated on the site plan. (1'f) Si�e Rehabilitatfon (aj The awner of the ia�d must�ommence the rehat�ilit�tion of the excavation area not later than s�x months after the earlier of any one o'f the follawing situations arising: (i) tt�e excavation ar any portion thereof has reached its maximum allowable depth as well the minimum setback requirements set out in the subsections(3)and (10}, or (ii) the abandonment o#the pit o�quarry.A pit or quarry is hereby deemed to have been abar�doned when iwefve (12) months pass following the date an excavation permit�or the land was last valid; (iii) the section of the excavation sife is not required for other purposes related to the operation; (iv} the obligaiion to commence rehabilitation hereunder arises as pften as any of the situations identified in paragraph (a)occur with respect to the I�nd for whlch an excavat�an permit has been issued. (b) �very�ortion of the excavafion area disturbed for the purposss of excavatian or associated acti�ities,with the exception of the access raad, shal! be cleared of debris, sloped in ac�ordance with this By-law,and vegatation established in accordance wlth the City's specifications for hydro-seeding. (c) In the case of a gravel pit,the slope of the working f�ce af the expvation must be rehabiC'itafed so that it is not steeper than three{3}metres horizontal to ons(1)metre vertfc$I for�ny portion of the depth of the excavation and be hydro-seeded. 131 82 sso PQ ZONE (11) (d) In the r.ase of a quarry the working face of the excavation must be rehabilitaked so that it is stepped uv�th a vertical rise of not greater than 10 metres meeting� horizontal plateau of nof less than 3 metres in width.The horizontal plateaus shall have vegetation establisMed wfiere possible in the opinion of the Bu"slding Inspector.A consistent sl�pe of no less than (2) metres harizontal to(1) metre�ertical also permitted. (e) The top of the rehabilitafed slope of an excavation mus#not be (ocated within the �pplicable minimum set back requirements as set out in Section {3}. (f} When any ane of the situations described in paragraph{a)arises, aU equipment, buildings, and structures upon the land ta which the excavation permit applies, and associated directly or tndirectly with excavatian otherthan fenoes required under subparagrap�68�('�Oxb) sitall be remowed and all sto�kpiles,sand, gravel, stone� rock, clay or similar material shail be removed or utilized in the rehabilitation of the land. {g} Adequate measures shall be taken to prevent surfaee water from damaging the face of the exC�vabion or fill by the provision af berms, swales or other measures vuhich satisfactorily resofve the problem. (h} Where a holder of an excav��ian permit fails to rehabilitate the excavation area in ths manner and wikhin the time limits required �ereby,the Council may cause fhe required work to be done and to be paid�or from the security deposit. (i) The rehabilita�ion required hereby must be cornpleted not later than 12 months following the deadline for the commencemsnt of rehabilitation established herein. (j} Rehabilitation of the portions identi�ed in subsection (11)(a)must be oampleted no later th�n one year following its' commencement_ (12) Enforcement ln the e�ent of a contravention or failure#o Comply with any provision of this section the Building Inspector may suspend or in the case of a continued violation, revoke the excavation perrnit, in writing,to be delivered by hand or by registered mail to the owner,and may, if the candltbns leading to the suspens[on are subsequently corrected, reinstate the suspended permit or issue a permit 9f the condiifans are corr�ected and�II the requirements for ihe issuanoe of a permfit have been sa6sfactarily met. Council may cause any work to t�e dane and ta be paid for from the security deposit. 132 83 � �=ebruary G, 2013 To Planning t.dvisoring C�r�trnittee, Cit��of Saintloh��: W� are wri�ind �o o�pose tf�e rezo:�ino lanc� ��ijacent tc 46J Latim:jre Lake Raad. In the past<<�� :ave�tac� drainage issues on our land caused by�h��se pits. 4�J�_re ca��:erned aboat the wat�r cc��ditions on our�an�l, mor��flooding and in our neiahbc,rhaaa becaus��hese grav�l ;aiis. We�[sa F�ave a gre�t conce:n with our :oad conaitions because of the large trucks t�at travel on our road. 3af��ty for o�r childrQn that are��Gi��ir��f„r sc:tcol buses. �Je also have cancern a5out the larg�taxes we are paying cn nur homes anly to havz these gruvel pits in our cornmunity depreciatin�o�r home�value. The dust particfes in our community due �o�he gravel pits alsa poses�,�,:{I::i� 15SU@5 i�f'Ctir; re:;idents in our comm��ni�y. P!o siGewalks, RO bU5 S�NIC�, �_. a�.;,x�it�r�f li,`;:. W hy do we pay taxes...... i f�ope you vr�lf take these issues int� cansideration before yoti aNprove this rezoning. :'h�.r�'r y�ru Debbi� �Ceyes ��`�t�%I:f�i1;,�. ,r�y�' ��:��, Jo2y Z�Iwa��d ,�=% '�. .�.: �'� ,"i' ��0 `': 6�0 Latimore Lake Rd �-' � .Ci �!"i �`�Q ^yi 506-693-2399 �p'' �� ;'/ r•%.�, �.�J`' �-�� 84 ! � /� �� J.�� .�� ,,� �3/.� ��-� !�' .�"r: �.: � —�� y�r� .,r� .�-m- .,�-�e��; � �--� ��:.��+--��==� .� �=��'�.c.-�, nl��, � ,�/�'J � J �j r - �/y�fJ�,� � �/. �. p�` �'� � •„`�.!'/t-T%i�� _r� � f J�.c�/�� .� f�!.^�4'1r��ia�'i r '��'i'� V�� `C.. G G�;�� '�-p .�(}"'� _� - , 1 [i'L��-�11-.Q_. /fiiyr,.�� ,��>�(... . �, � ��,,, ��/�,` r ,� _ IJ � l'vJ!%'� �,��rs��'fii�:�C �(�/� �� ''�' ' � ��, '� �'�+�� D'�� ./�`��`,�f.t1C�i �7.u�=�-° �J't ��.d-i::iC^ G� C�C:��riH'� V l �G-� C l � /� �� . :./-J �.�L-- � 'r � /`�� •��*L ��A� �. ��,�:i� ;�C.u' .� �'4.��- �ci ��.2 .Lr`�-'�'7�-� .��''`�- -��=-�,-� ,�� --�=� Z�'� .c,�,-a-�.� � .�,� � � ��f� �I�y G L�`�� f��! ' �� 1,..2 �i., f � � � •- � ��1`�- ;�/1�G� ��t.�� .;.:? -:�-� �f/�� i�.�'- ✓��1 %r-� /I"L�'�'� �.;t.�?Z:.��Z. �� 4.�.�v .,�'G�'t- ��E�✓!l�(rFi'�- .�'2��'l`!?��• 4 :� .,�� 'yV�---� ��/ �//J�a � � � �' �j% q//I-/J��{n^'' �/y�,,(-y�f�Yg //,��/J��-r ��~ �C/��J� '� �v/T� L/i�� ./V ✓v �_ _'j/A �! _ Vl"� V`� �c�/� �/ L �/y�',��,fA � ' y�A -,G/� Y � / Il��•`�'-'�4G'�i✓L�' . � c,� ' I `�`��r,J/i!.� � '�/ �t�l��-.'�''� Q.li�� 'G-- 1 � '�� /'� i�� s' /�• �'I-,. T Y� �, �•. �� a � �r Cf��,��'��;.�� 31�: � , ,: :�� r��a � 3 '�Li3 j',g-/,;�"7� ��,�i n /{/'.r� • " r� � ..� �� ' � t Z. �;�; G � � . .�� .�.� ,t lr, . t� h ■ ~'�; U�}�' . ��u,7��r�/GC/vr++f''✓'�.�� :��-� !'�, ,��-�� 85 �._`! i7�uglus/�,h�rlpne ►'ax�'�� 4� _i�ac:�ie �.c�. ,�,� :.,;�t�c�;,,V, � v- ,j � �air_t ,�ohn3 N�� j��' �'�� ,�� {� E2rl '_�� ,�� ^�, ��E' ! '� "�,i'. `"' � 1�eljr��ar� 14, 2G 1� �'� ;, a `� �� ;V;, ��1�� -.�t_�.�' To ?nembexs o�-P.�.C, Ivlayor, ar�� ouncii. Gilce again we are writitig in respons° to a re�uest for rezoning by Funciy Bay �and & Gravel. This particular request is to rezone a parc�l of Ian�;, ap�roximately SCO metres fram our home to est��'ish a new gravel pit. �� has beea 2� years fox us t�zat these reauesf� have been co�ning and our position has not changed. Vile urge you �:�er�:�ers of �,ommon �o��zcil an4 the plannirg Advisory Committee to r�ject t:1�s yet another �equest to in:iringe o:� tr,:s residentia� area. As residents �f Lack�e ;�d. we 'r�ave put up with the present and pasf Gra�iel Pits over the years and do not feel we shoL�ld ��ave to endure any ne�v onPs along with the a�ditional noxse, dus�, roaG cond:tions, truck traf'iic, and lack of appi�e:,iation in the value of�ur hom?s th��t goes �long with it. `�1�: nave hear� of pro�nise� ever the years to camply with regulations suc�1 as �uffe� �ones, leveling and regreenir�g of °��sti�g ��ts �u* 1 gu��ss these pro:nises ��ust have �Pen �e;�endant on tr��ir rPyues�s ��ng granted since ve:y iirile has been don� in �lA way ��rer�a�i!itat;on. 86 This part�cular pie�e of ;��perty aw�xed by r��y Gxa.�df�ther was :;ol�. �a ��he �aresent ownel's fat;�er wi�h ��e ��ope �i� would stay out of th� g�-av°� com�any's hands f�r this very reason. A�air. wc s�rcr�gly argP yoa t� �ej;ct th�s xf.c�!uest fcr the sake of the resi�ents cf Lac'�ie Road and La�imc�re La��e �na th�ir ho�e a��d right �o live li� a peace�ul, �:lea�� nd �ez.utifiil env�ronm�n�. �incerely �o��s, Douglas Farfztt - 54 year �esident of Lackie Rd. Chaxl�ne Parfitt 33 year xesider��; of Lacicie Rd. $7 �� - �,j�, �,✓/i, February 16J 2013 {�. �•� �7 ��1 ?lanning Advisory Committee —� �� `� } � i:�;:• *a �; ��'' � Mayorand Council � i�• x.l�' City af Saint Jahn �� SC3� , ,. ��:�1�� To whom it may concern; W�are writing you ta appase the application for rezoning Land Adjacent ta 460 Latimore Lake Road.We have been residents of 5aint John all nur IEVes and residents of Latimore Lalca since 1970, When we�rst moved ir r�is area,i�was a very quiet and s�:fc area to raise our children.Our surrounciing area was f ��'s�f trees which�ave us a peaceful and beautiful quality of life.We li�ed in S�irtt John, but felt the presence of a Country surrounding. It was beautiful! 7his certainly has changed aver the fast 25 yea�SE Our quiet surroundings became noisy,our cEean air and a��r homes became dusty ancf dirty,when at ti�ttes we cnuEd not open our windows,and our roads were bombarded with heavy truck traffie,causing us to fear for our children`s safety while waiting for their school buses.We had no sidewallc5 for their safety! We took a big lass to our Quality of life, as well as loss to the value of our home ,AlI due to the gravel pits in our community. Over the last few years,the noise,dust and truck traffic has eased ofF some.We would like to see this cantinu�.We wauld also like to see rehabilitation in the gravel pits that are present now.We don't �nderstand how a gravel pit operator owning 175 acres af praperty, licensed by the City o#Saint John, has gotten away without having to rehabilitate. We would like to see our roads taken care off, as welf as sidewalks put in for the safety of the children irr our carnmunity.Our rnads were supposed to be repaved bac[c in the early 2p00.Why was this never taken care afF?Our vehicles are taking� beating due to th� pot holds caused 6y the heavy truck traffic from the gra�el pits in our area.Who and what bylaws are ': place to protect the tax paying residents in our community? In stating all these racts to y,�u,we hope you r,viil understand our concerns, and why we need you to say no to this appficati�n. Tini and Odeite i�IcGrat�: 3��ackie �aad SaintJqhn, f-•..�. 88 � ,�% Lor,kh�rt', Lynda From: Calvin Currie <cafvincu aC�nb.symp�tiCO.ca> Se�c: February-17-1� 2:18�?:'�i To: Externa! - Planning S:r�je=;:: Gravel�it f?:, Mle and my �amily live on �sta�e Dri�e �.-: Latimore LG::�a. �Je are very concerned agGin a�o�;�t:ie proposal for the Gravel Pi�. o��here, First of all our c,uality of life as tive knova it will change,with all the noise,ciust and the Big Dump Trucks coming and going. We have to kias and they both go to schoo] and hav�ta catch the bus at the Traifer Park and .l::yre is r_o sidewalks on our street. b`�/� have our own `Nells aut here and if this gravel pit goes ahead what will happened to our wa�er supp!,. 1"he rnads out he�e are already in terrib�e shap� we have ta d��ive in tf�e middle of the road or we are driving o� an an�le because the raads are so worn out from all the weight of the Dump Trucks comin�and going. Just t�::e a driv� out an our ro�ds and yau can swe for yourselves. Its unreal and v�ry scary. Our property�alue wi[I go dawn and who would want tv r�iave in�o the neighbourhood with the gravel ��i far our bac:<yard. I wouldn't and ! don't. Cf tF�e gravel pit goes thr�ugh we wilk not stay here but who would want to buy our house for us to mo�►e? Pfease da not approve �his new proposal because if yo�a do our c{uaiiiy oY life far me and my family will be over. Ypu would nat want this is your backyar�s would you and neither would the Man who wants to put this here because he don't even live in Saintlohn. Piease don't let Chis expansion go through. Rhonda Cu�r+� ��E,�f�j�.� �/,. �� : s1. ,; �1�� , r; i' ,� !s :�r g �c;1.� � F.-� 1 �� ' � � �:, . �; �L� � �i}�1 .�t�. ,`.=1�� L�+�i' 1 89 � Latimore Lake&Area Community Association 615 Latimore Lal.e Road E2FJ iX4 Fefrua ry17 f 2013 (Sd6}696-810$ Pfanning Acivisory Comrraittee � �� 1�f�� ity of Saint John ti�t ��,�� ,'4- r f�s. P.Q. Box 197� �:� �t� t�� F�� ;' ',.,.^ ,�,. 5air�t John, N.B, � �: c�.,.; � E2L 4l1 '��, `�1 .l> .�.:t - �;, „ : "{.�,S�i�� To whom it may�oncerr;; I am wr�ting you on behalf of the Latimore Lake and Area Community Associatlan Inc.to oppnse the applica#ion for the Proposed Rezoning to permit a Gravel Pit Lands Adjatent to 460 Latimare Lake Road. We do not believe the heavy truck traffic du�to the excavation from a Gravel Pit would be beneficial or safe for the residents and children within our cammunity. We have run a Summer Prngrarn here @ our Cornmunity Center since the year 2QQ0, and feel having another Grave] Pit wauld create an unsafe environment for the chiEdren attending our programsl Thank you, Chairperson Odette McGrath Latimore Lake&Area Comrnu:�ity Assaciation Ir.c. 90 / ��f -� -�`�. �h, U��1�l+' t�: � ._. � :``' �fi /f4 �[� 7 ' 'f '"J 7 � ��:.�� 8 �.�� '� � ,� .:� `�A ��,. �.{s;�ii'!i_.4 i•� �']��c•1�!� i�v'i�- L �'4 +'�IfY ry � F,`� J �'�_1 L._ ��i� �!1��.:'��.I G i�i'.,I y�l.i��;,:�c�L.I!l',J�lii'(21t�i:1�� i�: �`i'4i)O��'�)Z°..Ls�l:l:la i0 �I:i'Ct1i�:? 1i:f;il��P1L iJi1�1`_�.Fl :!lS�i:�.C�',�� t� �� ;J��:��Y1�:�li u2nli 1�ON�l �I,!�i� is :o ac:r-iy�; �hsti' �.j��;:. a ,ic�ai_.�e 1!1.��1C�y o�•�:! �I�,:,�;i.�e.l.t�a��, isi��t��!�� •_i_•��o7�r��^c� tio <<�►�'iC'LOL';.�� :o��gr;�.vct pis,s f�-an��°1►�� .cljc��y�y�`40 4u`[i Lftiztr!O!'�, L�_�:: lt.t*.�. 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Su �llry'.a�:i!'"' il�S`:I�' 1.11 �II:II:'\' �)I:!CI',� .�S'Qnf_i L�!1',ill:il. : � � I � �I' � � ; �! a 'ii ✓ -,r �'�' :'i�CdtLYi ��.1: i1J� l•l•If�ll\ It%.21. �, ?:�I:��r'S�.Ctl�;ll"i.GL'.I�:eCt��.'J'Zls:l(!—�.f:ttl(`VI.,W��'l�, �i!lii l�:tl`Illl!�Ct', �.,��Lt:��Of��:�. � �'Oi1�l: l�t:l'�C'i;�:Y��:i�; i:�:S'."Irt�18.,H(:lsil:wh �t�G�'8 Ct.:iaC95 :+`.1�tE51�ft��_�� !.'�il:lJl�yS�'t`;1 ��F'VSL ba:rie,.,;;,re�r;��l.:(� ��r�;(i�,rly ;�;i�a;�v:�!�.n.��C�. �1�e�i11',1'�.'. 11.1�'j�;•±'�10SE(� �iie'.i3�;�: !S �.�il'�'.P,��' �,7�'�Sl(�C(:11.I'�i'G:".C:td'AS�t� lVt��r•Ql:iii 1Ci a:ii�t�:�.�� t:E: l:hC�YJi'�l r�l't:;1C Stl!`.�� dII�L'�tl2C� Cf�yR��:C`d��1fr�ll!il��i:5 �U:I!lll.t,�!'pl;; "i'ji1S Sll%'i�.3 I!.S l'.i�Vut1011 Ss �1i��1P.1.'�'s1L iiiC'S1�1!: � yi� ! ' ° :•�" •�y� �,• � l c�s� a� � ,,�: _,�:��u�e _tIf on �_... '!''� �•�;�.are, I ;�.�i�yr��, II�.;L ti) �'y!��[if ��l'.I'l:'L4illil'�T� i�� !�.':'Iyi��! �,'['i1��L'1.��IC. �111Ct',!'i;�i�e Jae .�; Jo�r:.r�.,i��.oc,t'e J� �4C��G4�� C Al�!1'�fG�lii� a1�1y 92 � •� ' . • I �•i • • • � .; .S. ' . . • .,. :.•.^'r�'• .' :r, -- -�� . ._ . - T /�• �! , , ' •.' . �' .. ', �.t�•�!�.' ,' - .t . ' 2 ' �:. . . .��.1 ��r • �• ,.�:� �,�� . .�� / JL.'T_ �k �' .j 3�. :tt� , . ' .,�.- � �� •: .`� �',�, '. .�. •. ' ' �. '�. :�i+ � :::-;' , .: ._ �1 � _ � . ' • - , ti� ,'.' , �t�:. .. ' . ' , . _ � ��I � .f ,'_ � �y , ;�_ �� . . � . ',,• .•� `.� �r:' �s. . ; . .. . � . , ' . :�'.� !.,� '� ' ^ � � .. : . - ' �� i� - s. � . _ .+. . X`_ �� + M` � y .ti..R��,�tr.�� M ±y.l�_��,�":-:• � . d, _'i - 93 i :� �=ebrcaary f�/2013 PEanning Advisory Commit�ee 1�� % �'��t,{,� :,�y ��.�i. City O Saint John � r!�.. � �>. P.O. Bo.•:1971 �.� Q_�� } $ ;-,�.- l —, Saint John, Cd.B. �, �� ,. �,;�. -.;1 �J EZL4L1 rsf'�S�!i'��c ° am writing you to oppose the Application for Rezoning La nd hdjacent to 46D Latimore Lake Road. ! have been a resid�nt in Latimore L.ake since 1977,and wauld like to see the City af Saint John give us a brea::from 4nother pit in this community!We have had to put up r�ith heavy truck traffic,dust, noise, and bad road canditions for some time. My car boCtams out on our roads due to the dips on them, not to -��ention having to drive and swerve an the opposite side of the road because of the pot holesl I have had rr�y windshield hit by flying rocks from gravel trucks and cannot believe the speed sorne of the gravel trucics get away wlth on our road. I am aiso very concerned with the new Plan 5aint Jahn using our area as a resource area.We have lived here and wovk here in 5aint John as well as pay aur taxes, so in saying ihat, I can only hope that yau will respecf us and not aliow anather gravel pit in our communiCy,especially when the clty cannat regulate its bylaws! How does a man tivho runs a gravel p'.t in aur community since 1975,who has stated in the Kings County papers in 2008,when running for council,that he moved his family ta Hampton becaus�of the 1�eautiful surroundings a�d the quality of life in Hampton,and states he aoesn't want to see the town grow at the expense of the environment, not understand the residents'cdncerns with his p9t at 46� Latimore Lake Road,that he has stated has been depleted far years now, and fias gotten away with not having to rehabilitate its property, have the nerve to go after a new rezanin�for another gravel pit on his neigt�bours property,and state in our Saint John telegraph journal,that there is a propaganda against him because our community wants nothing mvre than to not want anather gravel pit in our community because it takes away our clean air,�reen environment,and our quality of life. 1 hope you will respect the resident's wisheswho live,work,and pay ourtaxes to this city,and please say no to this application. Thank you, Michelle Duffield 94 , �� l��ckhart, Lynda S':'�m: Margaret M�Kinnon <rnarmtkinnan@hotmail_com> Scnt; February-18-13 3:35 PM 'icW: External - Planning Su'r:j�ct: Grav�l pitt WE DOfJT WAiJT ANOTNER GRr'�V�L PITT HERE, Y HA`J�a!LEZGY AND r=Zi�EE ri"HARD TQ BREATFiE'r!�3 i'ri';t:� E7kJ5T, I ��READY=�:CCU;dT�;t PROBL.EM b'1►ITM BIG TRUCEC Dc2IVTi+!G OVER T!-tE YELLOW LINE�y LATih;ORE l.f',K� 6t0AD, I D03+[T WAi�ITTO W:'�SH UUR HOP-iE ANQ 7RllCli BECe4USE �;=?HE DA�'.i(DUSl'FLYING A�OU�Va BECAUSE OF TMIS GR.��VEL PI7T, IT IS NOl"H::.t':LTHY IN ANY r1REA, WE ARE AGAI;dSrTH15 GR4V;L PITf COMING NEAR OUft h�OMEI!!!!! 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Y 5 � � � � s +S � .•Dw�o� . _ ,.� �'�.f ' ' "•''i,. !'` r � - � •<� 1�'= ., ;► ,. : e 1 �.�, � -- ... - � • e1 r: '� � �c _�.1 j ry � ��;� z» .' r . . • r�sa;, -�" ��■�. �,�r� . .,>. , . .. `�� _� _ � . ► / ,/� � c�_-.�!'`4��/.�41 L.1�:��IJ/�i�� ft--� e`i(��f� � : - ,. •�- t� 1 • ` ? ..Z.._.�•.. 1 �..�• ,tl. .- t � Y -`i!f�1� ;��r�� .t��c., ,� ,�i��i�l� �1�►�� , � '��/Y�� 1�� `?c1�:� �;��,�►��S ��'�"��;� U'� ��v-' ./i..�JC'�r� �; �� «. :�.,. r ,� �� =t'�' �`�� f�'I//'��J�� / n..iG� � i��.7- Qf�� (,i��'* t!��/� 4��,�j� . � • • � �`%�;.� � �� :.1i4.1�" ,. , �. �.�J��r',�'�-��r- - � %��-JL '-'^- �'!� �'�� ;�',�`:�j . . . �``�' .-.�� . v � �j�' i��;-:C��'f 115 �`,F`�y iit��r'� LI� iJ ,sa� �� '�1~ t�`� De�r Planning Advisory Coinmittee Members, k-�,'� �� ,�., F�g ! f, ��,g � Re: l�roposed Rezoning far Gravel Pit t�, Lands Adjacent to 460 Latirnore Lake Road +";. �ti.� I ar►y writin to ou in concern of the ur sed rezonin of a roximatel 85 Acres af� � '� S� 9 Y p f� 9 PP Y A Il� b�longing to the Boyles. We live on Estate Drive; aur houses will be the closest(7B5 feet)to the"new"gravel pit site if fhe application for rez�ning is appra�ed.The"new"gravel pit will end up depreciating the value of our home(the average house in our new subdivision starts around�175 000}, Our quality nf life will be changed due to the increased dust in Ehe air, noise pollution, and heavy tuck traffic on the Latimore Lake Road. 7his means that during the s�mmertime we will not be able to have our windows apen.We will be forced to ciean aur ventilation unit more often and my wife's asthma will be worsen due to the increased dust. Studies have show that rock dust can cause bronchitis, asthma, and chronic Qbstructive pulmonary disease also known as (COPD). I worl:in heavy constructionlindustry; it's dusty, dirty, and noisy a!I day.When 1 come hnme in the eveninglweekend ! don't want to have fo put up with noise, vibratinns and dust of crushers anci heavy machinery working till dusk. We have lived i� Saint John for over eight years.When we firsk moved to the city we lived uptovsrn,where it was dusty, dirty, and noisy. When we decicfed ta build our house inside the city limits we chose this area due to the accessibility to the amenities and #he peace a�d quite.We knew three years ago that there were three gravel pits in the area we were planning am m�ving to and acceptec! it due tn the distance they were from our lot. Nowever, if there would have been a gravel pit 785 feet frorr� our new house,we would have looked elsewhere to build. The subdivisian we li�e in +s to expand to 150 homes or more. The expanded grave! pit would also affect the decision of patentlal new home buyefs to be reluctant to build in this area.We pay just as much in taxes as peopfe who live in the city core do if not more(an average$2700+a year)and they would not want this in there back yard. The heavy truck traific wi[I be increased on our road, and the quality of the road will also suffer. The Latimore Lake Road is already in poar condition due to ail the h��vy truck traffic it has e�dured over the past years. ln addition, one would nat feel as safe walking on the side of the road (due to the lack af siciewalks)with children or pets wifh these trucks constantly hauling,anc! spewing t�fack diesel fumes; nevertheless the increased chances' of debris damage to our vehiCles due to these trucks. What wiH this do to our water table?We aq have wells in the area since there is no city water available to us; this purposed gravel pft is up hill from us. Everyane knows that water flaws downhill... Th�water on aur p�operty is good water.We da nat need a water soffener,or charcoal filtration to remo�e foul taste and adour. One drop of oil can render 25 litres of water unfit for human consumption, All E�eavy macfi�inery leak oii at one time or another,this gra�el pit is purposeci to have gaod useable gravel for the next 15+y��rs... ':'ao.�ld yau want your water table contaminated by pekroleum products? 116 We the comrnunity could end up being in the same predicameni as people, the Penqbsquis area who have had there water tables contaminated due to industry. In furthermore the"new" gravel pit will be zoned Pits and Quarry, this would also give the owner a chance to blast rock ii need be_ 7his would he a serious safety concem for us living near by. Studies have shawn that blasting can cause demage to water tables, render water undrinlcable or e�en worse callapse water tabfes and have our wells dry up. We were informed by comm�nity members that blaStfng has happened in the past dn the old gravel pit site_ Siltation is another issue which can arise frnm the gravel pit being this ciose to our homes. We all have a septic fiefd on our propert9es since we have no sewage hoak up from the city. The cost tn replace a septic feld can cost anywhere from $5000 and up. 1n conclusion, we would like of the Planning Advisory Commiftee to respect our views on this purposed"new" grave! pit application.We the community fee!that the health �rtd well being of the community would be better off not having anather, gravel pit in aur back yard d�e to the cancerns that were raised above. Regards, Jonathan Gammon Shannon Goodine 117 We the undersigned wish to oppose the rezoning application of Fundy Bay Sand And Gra�el For a gravel pi� on lands adjacent to 460 Latimore l.ake Rd. Name Address Signature % � _ , - - - _�`...,�:.---- - ----�-; =,' ;" ' 7'- , ` , : < ,- , - . . , _ . , , , ... .. , . . �. �• .. .�: �-..- .i � �T �, . , . .. �. ��+-..� +�-_.�� _. . - _ -. , _ - ' . _ .- � �� r �,// .. - . . i-}.�� .,�-. - _ - _ ;. ,. ��_. r. .�.5'-. . � ��---�--+:-�•-,.� -_ _- " ,.--.�r,.;�,. .. . _ �+-r-� it-) . . _ ; .. '_.;:, . ,r-, .. .- . - :�. . , . �' " --' ._, . -�f __.- i ... ` . . � .r,,�., .. .... .�, � � ; ;_��1 ��,. ri... - _�._ �'~�� q� � f__ l - �1! � . � - - � � � 118 �;�z�,� � � �``��`��?�` .� ��t� �> The City of Saint)ohn February 25, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Safe,Clean Drinking Water Impact on Water Rates In light of the recent water line breaks, boil water orders and the looming $200 plus million bill for a new treatment plant for safe, clean drinking water. I would move the following motion: That staff provide the following information to Council on; if the City of Saint John does or does not, by itself or through the P3 option, build the proposed treatment plant for safe, clean drinking water will this ensure that our residents will have safe, clean water. Or will our residents still be faced with boil water orders because of the age of the pipes carrying the water to residents' homes? And if the age and quality of the pipes carrying the water needs to be replaced how much of it has to be done, at what cost and how long will it take to fix all these old pipes? Also,with the City paying their share of the price tag of the treatment plant, how much more will residents have to pay for the water if we have to fix all this piping? We already have the highest water rate,with the new treatment plant and pipes that have to be replaced,what is the final bill to the residents thought to be? Respectfully Submitted, (Received via email) Bill Farren Councillor-Ward 1 City of Saint John l�' — SAIIrI`F JdHN P.�.Box 1971 Saint John,NB Canada E2L 4L1 I wvwv,saintjohn.ca I C.P. 1971 Saint John,fV.-B. Canada E2L 4L� —�� 119 �;�z�,� � � �``��`��?�` .� ��t� �> The City of Saint)ohn February 27, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Outstanding Motions Background: Council has recently set our strategic priorities, initiated True Growth 2.0-the Renaissance Plan and completed a Quality of Work Life Study. It is important to further our Council's mandate of change that Council's directions to our talented staff align with our priorities and True Growth 2.0. This will assist in the focus and productivity of our staff and focus their energies on Council's priorities. Motion: Invite a proposal from Christopher Boudreau with respect to facilitating an open Committee of the Whole session(s) of Council for the purpose of reviewing the outstanding motions of Council with the goal of consolidating, reducing and prioritizing the same alignment with 1) our strategic priorities; 2)True Growth 2.0; and 3)the recently completed Quality of Work Life Study Respectfully Submitted, (Received via email) Shelley Rinehart Deputy Mayor City of Saint John lr _ SAIIrI`F JdHN P.�.Box 1971 Saint John,NB Canada E2L 4L1 I wvwv,saintjohn.ca I C.P. 1971 Saint John,fV.-B. Canada E2L 4L1 —�� 120 �� '�' � "1~ 1 � � � �� "'� �� t1 �� t" � � :.:�M&C 2013-31 ,� ��- � 't'�� y !' � February 23, 2013 � s; G� � �� r� `4 ��";� � 5..._, :#' L r. �. His Worship Mel Norton And Members of Common Council T6.�f".rt?r�f�au�t loFica: Your Worship and Councillors: SUBJECT HVAC Systems Maintenance Services—Recommendation for Award of Standing Offer Agreement(2012-085004P) BACKGROUND The heating, ventilation, and air conditioning �HVAC) systems within City-owned facilities consist of a significant inventory of over I50 major pieces of equipment which include packaged rooftop units, split-system air conditioners, heat pumps, exhaust and make-up air fans, dehumidifiers, unit heaters, radiant tube heaters, heat recovery ventilators, and vehicle exhaust systems. Eleven (11) facilities have fuel-fired or electric boilers that supply domestic hot water and/or supply the hot water heating system. Approximately 20 facilities are supplied with naturaf gas ta fuel HVAC equipment. This HVAC equipment inventory does not include buildings operated by Commissions nor water and wastewater treatment/distribution facilities currently operated by Saint John Water. Although it is difficult to put a hard number on the totaf value of this equipment due to the associated anciflary systems, it is estimated that the total HVAC equipment replacement cost is over $10M. In order to protect these assets, and ensure City-owned facilities are adequately provided with acceptable interior environmental conditions,the City of Saint John has developed and impfemented a camprehensive annual preventative maintenan�e program, which includes regular inspection and maintenance of HVAC equipment. The annual preventative maintenance program is managed and coordinated by personnel of the Facility Management Division, and work is completed by local service providers who have secured standing offer agreements for these services through the public procurement pracess aver the last number of years. The term of the s#anding offer agreements have historically been between two and four years in length. Thrs report provides our recommendarion for the award of a standing offer agreement for HVAC Systems Maintenance 5ervices to Direct Energy Business Services for a term of two (2J years ar an average estimated annua!cost of$76,850.00. An option to extend the contract for one (1) additional year beyond the original two (2) year term is provided in the agreement. Exercising this option is at the sole discretion of the City of Saint John following the end of the originaf two (2)yearterm. ANALYSIS AND FINANCIAL CONSIDERATIOLVS Due to the expiration of the most recent standing offer agreement for HVAC Systems Maintenance Services as welf as agreement extension options, a Request for Proposal (RFP) was issued to salicit proposals from the marketplace for suitable service-providers. 121 Report to Common Council Page Z of 4 HVAC System Maintenance Services Recommendation for Award ef Standing Offer Agreement[2012-085004P) Seven (7) responses were recei�ed as follows: ! �' ,e. � 1 1 1 � Advanced Energy Management Limited Moncton, NB ; f Black and MacDonald Limited Moncton, NB 1, �. � Carmichael Engineering Limited Fredericton, NB �j F Controls and Equipment Saint John, NB � � Direct Energy Business Services Dieppe, NB �� McNamara Refrigeration Woodmans Point, NB � Trane Atlantic Saint John, NB *Most componies operate out of a remote offce and have mointenance personnel who reside loca!!y A proposal evaluation committee, consisting of representatives from the Facifity Management Divisian and Materiais Management reviewed the submission against the following evaluation criteria: • Campany background and relevant service experience • Proposed project personnel qualifications/certifications • Quality and completeness of submission °� Proponent availability • Scope of services ■ Quality management ■ Vafue-added service afferings • Financial proposaf In accordance with the City of Saint John's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the evaluation team members. Upon completion of the technical proposa! reviews, the separately-sealed financial proposals were opened and evaluated. The financiaJ proposals were evaluated based on the sum of the folfowing three proposed fees for each proponent: 1J Pro�osed lump sum annual fee for inspectian and preventative maintenance services; 2) Proposed hourly rates for "demand maintenance" services (i.e. call up) multiplied by an estimated number of hours per annum (provided in the RFP}; and 3) Estimated annual cost of materials for "demand maintenance" services (provided in the RFP} plus propased mark-up. The scope of preventative maintenance services varies depending on the type of HVAC equipment, but includes maintenance such as lubrication, cleaning, adjustment, tightening, and replacement of filters. The e5#imated number of hours per annum and estimated annual cost of materials was based on prior years, and was used for comparative purposes only during the evaluation of financial proposals. 122 Report to Common Council Page 3 of 4 HVAC Systemn Maintenance Services Recommendat�on for Award of Standing Offer Agreement(2012-085004P] The seven (7)financial proposals are summarized as follows,which formed the basis of the financial evafuation: . � � � o � � � � � , � : � � ' t�irect tnergy Busmess Services �15,860.00 �24,990.00 $36,OOQ.OQ $76,550.00 ' Controls and Equipment $19,741.50 $24,140.04 $34,5fl0.00 $78,381.50 � McNamara Refrigeration $19,710.00 $22,320.Q0 $40,500.00 $82,530.00 � Black and MacDonald Limited $19,777.20 $30,340.00 $36,a00.00 $86,1l7.20 1 Advanced Energy Management Limited $28,210.Q0 $24,140.00 $36,000.00 $88,35U.00 � Carmichael Engineering Limited $35,041.78 $54,526.00 $38,400.00 $I27,967.78 T Trane Atlantic $40,539.00 n/a¢ n/a4 n/a4 z tump sum fee proposa!for annua!inspection and preventative maintenonce � Z Estimate of demond maintenonce(labour}based on proposed hourly rates and estimate of annua!lobour hours faverage over two yearsJ 3 Es[imate of demand maintenance(materials)based on estimate of annuo!materio!cost plus proposed mark-up(average over two years) ° Did not provide proposed hourly rates nor percentage mark-up on materials,thus,toto!onnuo!costr were not calcuJated As can be seen, the total fee proposal submitted by Direct Energy Business Services represents the estimated lowest average annual cost amongst the seven (7) proponents. Based upon the technical and financial submissions, the e�aluation committee unanimously agreed that the proposal from Direct Energy Business Services represents the lowest cost solution to the City of Saint John that meets the scope o'f work and requirements outlined in the RFP. Funding for the costs associated with this standing offer agreement for HVAC System Maintenance Services have been pro�ided in various 2013 departmental operating budgets. INPUT FROM OTHER SOURCES Representatives from Facility Management, Materials Management, Finance, and Legal Services have reviewed this report and are satisfied with the recommendations as they pertain to their respective areas of service. Materials Management has facilitated the RFP process, which is in accordance with tF�e City's Procurement Policy. RECOMMENDATION Your City Manager recommends: 1) That Common Councii award RFP No. 2012-085404P: HVAC System Maintenance Services to Direct Energy Business Services for estimated average proposecf annual cost of$76,85Q.00 plus HST at the proposed lump sum costs, hourly rates, and percentage mark-up on materiafs; 2) That the option for an extension of one (1) year beyond the original two (2) year term be included in the agreement—to be exercised at the sole discretion of the City of Saint John, upon mutual agreement with Direct Energy Business Services; and 3) That the Mayor and Common Clerk be authorized to execute the necessary documents for standing offer agreement. 123 Report to Common Council Page 4 of 4 HVAC System Maintenance Services Recommendation for Award of Standing OfFer Agreement(2012-085004P) Respectfully submitted, .�� Trevor Gamblin, M.Sc.E, P.Eng. Manager, Faciiity Management GregoryJ.Yeomans, CGA, MBA Commissioner, Finance and Administrative Services . .�1 � a rick Woods, CGA Manager 124 Planning P.O. Box 1971 506 658-2800 Advisory Com�nittee Saint John New Brunswick Can.ada E2L 4L1 February 20, 20l 3 �, :.;.. a� ��. �(�. coA�N r �1i a4N 1 Your Worship and Councillors: City of Saint 1ohn SUBJECT: Street Vesting Peel Plaza Thc Planning Advisory Commiitee considered the attached report at its February 19, 2013 meeEing. Gerald Maffisson, on behalf of the City, appcared before the Committee in support of the applicatian anc! staff recommendation. There were no other presentations concerning this application, and no letters from surroundin�property owners were received. After considcring the mattcr, the Committee resolved to adopt the staff recommendation, �vhich is set-out below for your convenience. Thc Committee also granted the necessary variances and street name relating to this application. RECOMMENDATION: "��hat Common Council asscnt to the attached photo-reduced City of Saint John, Peel Plaza, Subdivision plan that would vest approximately 891 square metres of laz�d as part of the Peel Plaza public street right-of way. Respectfully s b 'tted, d" Morgan 'ga Chair MO Project No. 13-021 125 � 1. r .,v� 1/� �^. _ ' � �•�u The City of Saint)obn DATE: FEBRUARY 1 S, 2013 TO: PLANNING ADVISORY COMMITTEE FR�M: COMMUNJTY PLANNING &DEVELOPMENT SERVICE � GROWTH & DEVELOPMENT SERVICES FOR: MEETING OF FEBRUARY i 9, 24l 3 PREPARED BY: REVIEWED BY: � � �'� . i�%� � / .,�� Mark O'Hcarn � Mark Rcade, P. Eng., MCIP, RPP Planning Officer Senior Planner SUBJECT: Name of Applicant: City of Saint John Name of Owner: City of Saint John Locatron: Pcel Pl.aza PID: 55208326, 04037457, 55204846, 00037499, 000374$1 & 55208318 Municipal Plan: Primary Centre 7onzng: `B-3" Central Business Proposal: To vest a street as public. Type of Application: Subdivision and Variances that would: (a) Reduce the rninimum public street right-of-way width standard of 20 metres to a varying width of approximately 10 to 16.9 metres; and �.�;�, .� _ � SAINT JOHN P.O.Box 1971 Saint John,NB Canada F.21,4��www saintjohn.ca I C.P 3 971 Sair�t John,N.-B.Ca�ada E2L 4L7 �� City of Saint John Page 2 Peel Plaza February 15, 2013 {b) Reduce the minimum asphalt surface width standard of I 1 rnetres to approximately 7 to 13 metres. JURISDICTiQN OF COMMITTEE: The Community Planning Act autharizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets. The Act also authorizes the Committee to �-ant reasonable variances from the requirements of the Subdivision By-law. The Co�nmiriee can impose conditions. Thc Subdivision By-law authorizes the Committee to approve the names of new streets in a subdivision. STAFF RECOMMENDATION TO COMMITTEE: l. That Common Gouncil assent to the attached photo-reduccd City of Saint John, Peel Plaza, Subdivision plan that would vest approximately 891 square metres of land as part of the Peel Plaza public street right-of-way. 2. That the Planning Advisory Committee grant the following va�iances from the requirements of the Subdivision By-law for Peel Plaza (proposed street) that would: (a) Reduce the ininimum pubtic street riglit-of-way width standard of 20 metres to a varying width of approximately 10 to 16.9 metres; and (b) Rcducc the minimum asphait surface width standard of 11 metres to approximately 7 to 13 inetres. 3. That the Planning Advisory Cammittec approve the street name Peel Plaza. SACKGROUND: On January 27, 2009 the Planning Advisory Committee considered a Municipal Plan amendment and rezoning application with respect to the Peel Plaza project, which involves a new Saint John Police Force headquarters, a new Provincaal justice facility, a shared public plaza, and a new nearby parking garage. On February 16, 2009 Common Council amended the Municipal Plan and rezoned the subject area as requested. A number of Section 39 conditions were imposcd to ensure that the site was properly developed. On November 3, 2009 the Committee considercd a variance applicafion with respect to reduced on-site parking for the development, and a reduced rear yard setback for the justice facility. Both of these variances were granted. With regards to ti�e parking��riance, it was accepted by the Cornmittee that City of Saint John Page 3 Peel Plaza February 15,2013 parking would be provided by a parking garage to be constructcd at 75 Carleton Street by the Saint John Parking Commission. A condition was imposed stipulating this arrangement. On July 27, 2010 the Coxnmittee considered a fiirtner variance application with respect to reduced on- site parking for the proposed policc headquarters and the existing Saint�ohn Arts Centre. As with the variance for the justice facility, these parking variances were also granted by PAC on the same condition that parking was to be provided by the anticipated parking garage at Carleton Street. A variance was also granted to alIow for two accesses for the poiice headquarters, which would no longcr be necessary with the strcet vesting of Peel Plaza. On September 21, 2010 PAC considered a Section 39 amendment and variance dpplication with regards to tl�e development of the parking garage. That application involved the consideration of revised site and elevation plans, and the consideration of reduced setbacks for the structure and certain reduced standards with respect to parking stalls and aisles within the structure. These variances were granted by the Committee, and on Septernber 27, 2010 Commoa Council granted the requested Section 39 amendments. INPUT FROM OTHER SOURCES: Bell Aliant, Rogers and Saint J`ohn Energy have bccn advised of this application. Geographic Information Systems (GIS) has indicated that Common Council has officially renamed both Pccl Street and Hazezi Avenue to Peel Plaza. Infi-astructure lleveloprr�ent has indicated that Peel Plaza is a short street that is anticipated to cxpericncc rclatively law txaffic. The design of tl�is strcet was incorporated into the averall design of the Peel Plaza project, and its standards are reflective of the existing adjoining public streets (i.e., formerly Peel Street and I�azen Avcnue). Therefore, the proposed public street vesting and requested variances are supported. Furihennore, this street has been const►-acied in accordance with the plans for the Peel P�a�a development. Inspection & Enforcement Service has no conceins with regards to this maiter. Maritimes & Northeast Pipelit�e, Enbridge Gas, and Brunswick Pipeline have no concerns with this application. Saint John Fire Department has been advised of this proposal. Saint John Police Force has been advised of this matter. Saint John Transit has no concerns with rcgards to this application. 128 City of Saint John Pa e 4 g 1'eel PIaza February 15, 2013 ANALYSIS: The Planning Advisory Committee has favourably considered four applications since 2009 conceining the Peel Plaza project(see Background). The site plan for this deveioprnent has always included a public street adjacent to thc police headquarters that connects Union Street and Carleton Street (see attached 2Q08 Peel Plaza Site Plan). Necessary approvals have been granted by the City(Planning Advisory Comrnittee and Cornmon Council} to allow the Peel Piaza development to proceed, except for a fonnal recommendation concerning the vesting of the public street through the site. As the project nears completion, the proponent has submitted the attached subdivision plan that would vest approximately 891 square metres of land as part of the proposed Peel Plaza public street right-of-way. Related to this street vesting is thc consideration for the�olIowing two variances from the requirements of the Subditi-ision By-Iaw by the Planning Advisory Committee: ■ A reduction to the minimum public street right-of-way width standard of 20 metres to a varying width of approximatcly 10 to 16.9 metres; and ■ A reduction to the minimum asphalt surface width standard of 11 metres to approximately 7 to I 3 in etres. Peel Plaza (p�•oposed street}has been constructed with an asphalt surface and cancrete curbing and sidewalk. According to Infrasti�acture Development (Engineering) this work was undertaken in accordance with City approved plans for the Pcel P1aza project. With respect to the requested variances, fllcy havc indicatcd ihat Peel Plaza is a short street that is anticipated to experience relatively low traffie, and its canstruction standards are reflective of the existing adjoining public streets {i.e., formerly Peel Street and Hazen Avenue).' Therefore, Infrastructure Development supports the proposed public strcct vesting and requested variances. The proposed Peel I'laza strect��esting and requestcd vaniances are recommended for approval. Thc recornmendation also includes the Committee's approval of the proposed street name. Wi#h respect to this matter, i# should be mentioned that Com�non Council has already officially renamed Hazen Street and Pee� Street to Peel P1aza. This change will be rcflected with the registration of this subdivision plan, MO Project t�Io.i3-021 � According to the submitted subdivision plan,prepared by Hughes Surveys&Consultants Inc.,the right-of-way width of Peel Street and IIazen Avenue is 18.29 metres,and the width 9f�e asphalt surface for both these existing streets is 7.5 metres. 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I �� r � � I I Ir I \ �\'�`�i ¢ I � � '��I 'r___-^_-I � �_/ \�\ i I � I x � I z — ��_ -^.�_'��. ,__—_!'_!�._.�Irl� L__ I I I r � I I p � — !\� --`-- � �..MC.. UNION ST�REET lINION BTREET � —.---�7 ,;--_�.... i r—`� SAINT JOHN .. _—�- -----� � _. �_—__—------- —-------- -- i ----—- :uUna GAMES ` -�-��" �� .W COURTS I "`_'_' ..._'_" Cil�hNll I I � I P.CUATICGfNfqE HLL LOYALI6T I � � r ---�, J � W -__ �' PRCOERTIE9 I �'IX.l�f I w ---� NESYBAI.��wsv,cK � � i r ' � y � � r• •. r___ � rkac sR�t au�re-�I �n\ , ----"" z � �� aM�tlNG BulO��rro I ��'--i I z -'� SIFE PLAN E �� I a � G�AGE I— �__I I I � ____y_' � � ��F° ,\ U II _—__�.... __ I I BsowwEK I I � " � �I` �___' "'a^.. � �' � � � �\ i I I r *u'Y' OES10N � = �DEVELOPMENT I � iwsoz-rs.gw DD.A-00� L_ � �../L/a s 133 - Planning P.O. Box 197i 506 658-�SOp Advisoty Committee Saint John New Brunswick Canada E2L 4L1 � o: :�- .. February 20, 2013 �� FOAi�'•r~ � .4PpU,y N City of Saint John His Worship Mayor Mel Norlon and 1�lcmbers of Common Council: SUBJECT: Planning Advisory Committee�xecutive for 2013 The Planning 11d�isory Committee's Rules of Procedure provide for the election of an execUtive on a ycarly basis. At its February 19, 2013 meeting, the Cornmiitee elected the following individuais a.s mernbe.rs of the executive for 2013: Chair- Morgan Lanigan Vice Chair- Andrew Miller Third Executi�-e Member - Michael Whelton RECOMMF.NDATION: That this repart be received and filed. Respectfully S mitted Morga L igan, Chair 134 :r February 22, 2013 RECEIVcU COMMON CLERK'S QF�!CE Mel K. Norton, Mayor City of Saint 7ohn FEB 17 2013 � City Hall PO Box 1971 E2L 4L1 C�TY OF Sl�1NT�31'?i.;��l--- Dear Mr. Norton and Council, The New Brunswick Crafts Council is pleased to announce the hosting of its sixth annual "Goblet Grab" on Friday, May 3rd, 2013 from 7:00-9:00 pm at Handworks Gallery in Saint John. The Goblet Grab is an event growing in popularity, and we hope that you will be able to participate. The event is made possible by members of the Crafts Council who donate over 100 handmade fine craft wine goblets, each of which is taken home by an event ticket holder. To get a goblet, you have to grab! An evening of grabbing, trading, music, raffles, and wine; it is a unique opportunity to support community organizations, champion local artists and fine craft, as well as take away a one-of-a-kind fine craft object. We would like to invite the city of Saint John to take advantage of an opportunity to help support arts and culture in New Brunswick by sponsoring this exciting event. Your sponsorship will contribute directly to the health of the craft industry and be recognized as a champion of New Brunswick artists. Funds raised will support the New Brunswick Crafts Foundation Scholarship and Awards program for New Brunswick Artisans. Please find enclosed the following information for your perusal: - Description of Goblet Grab Fundraiser - Further information on the New Brunswick Crafts Council - Sponsorship Benefits list Any contribution to the Crafts Council or to arts and culture in New Brunswick is appreciated, but we do hope that you will join us in partnership as a supporting sponsor of this exciting event. It is with respect that we ask for your contribution. I will look forward to hearing your thoughts and would be pleased to answer any questions you may have. I may be reached at (506) 450 8989 or by email at natalie.landry�a�nbcraftscouncil.ca Many thanks, --� � � Natalie Landry Executive Director The New Brunswick Crafts Council is a non for profit organization committed to promoting and advancing provincial fine craft and its makers. It has been in existence for more than 65 years. Today, the mission of the NBCC is to promote excellence in New Brunswick Fine Crafts. 135 N � 'W' B � UNSW� CK L � � � 1 � � , C�UNCIL ♦ C�INSEIL �� rAR�'ISANAT I}U NOUVEAU-BRL V�WI�K About the 6th Annual Goblet Grab Friday, May 3, 2012 7:00-9:OOpm at Handworks Gallery, 12 King Street, Saint John, NB Description of the Event: Each year the Council asks its members to create wonderful drinking vessels that are both unique and reflective of the media in which they work. For some craftspeople the making of goblets is part of their trade, others must adapt their practice to meet the challenge of making a goblet. The result is a collection of beautiful and innovative goblets indicative of New Brunswick's talent. The Goblets will be displayed throughout uptown Saint John in advance of the event. On the night of the Grab ticket holders will play a sort of"musical goblets" and grab for the goblet of their choice. With that goblet comes a free glass of wine, a night socializing, trading, and support of our local artists. This event, originated by the Ontario Craft Council, is a lively, fun and affordable fundraiser that provides ticket holders with an item of fine craft to take home. This year Handworks Gallery will be hosting our very first grab in Saint John. This venue will offer a perfect setting for viewing the goblets, hosting our guests, and serving food and drink. The event is open to the public, and there will be raffles, music and more. Tickets to participate in the Goblet Grab event are $50.00. For those who do not wish to participate in the Grab admission is$20.00 at the door. Everyone is welcome. Our Goals: - To collect, by donation, 100 fine craft goblets - To collect, by donation, 15 raffle items - To secure Gift in Kind Sponsorships from local businesses for event requirements (e.g. posters, catering, etc.) - To sell 100 event tickets, and send each event ticket holder home with a one of a kind piece of hand made New Brunswick Craft - To raise $5000.00 for the New Brunswick Craft Foundation for the Scholarship and Awards Program - To promote fine craft and contribute to the vibrant arts and cultural scene in Fredericton 136 N � W $ R U N S W I C K For more information contact C � � � � � Natalie Landry, Executive Director natalie.landrvC�nbcraftscouncil.ca COUNCIL � C4NSEIL (506) 4508989 `�� D'ARTISANAT �' New Brunswick Crafts Council DU NOUVEAU-BRU:�SWICK P•O. Box 1231, 732 Charlotte St. Fredericton, NB E36 5C8 Sponsorship Benefits The 6th annual Goblet Grab A Fundraiser for Fine Craft Organized by the New Brunswick Crafts Council The New Brunswick Crafts Council is pleased to announce the 6`h annual Goblet Grab fundraiser,to be held on Friday, May 3rd, 2013 at Handworks Gallery in Saint John. Presenting Sponsor-$1500 contribution - 6 Event tickets (each including Entrance, Goblet, Glass of Wine -$300 Value) - Logo placement 0 on ail advertising materials related to the fundraiser, including posters and postcards 0 on New Brunswick Crafts Council Website, www.nbcraftscouncil.ca o in NBCC quarterly Newsletter, distributed to over 220 members o in all advertising related to the fundraiser via newspaper and radio,facebook and more - Opportunity to speak (remarks on behalf of Presenting Sponsor) at Event - Cards/literature placed at the event (supplied by sponsor} - Logo advertise at the event - Free Associate membership to NBCC for 2013 Supporting Sponsor-$1000 contribution - 4 Event Tickets (each including Entrance, Goblet, Glass of Wine - $200 Value) - Logo placement 0 on all advertising materials related to the fundraiser, including posters and postcards 0 on New Brunswick Crafts Council Website, www.nbcraftscouncil.ca o in NBCC quarterly Newsletter, distributed to over 220 members o in all promotional material and social media - Cards/literature placed at the event(supplied by sponsor) - Logo advertised at the event - Free Associate membership to NBCC for 2013 Sponsor-$500 contribution - 2 Event Tickets (each including Entrance, Goblet, Glass of Wine-$100 value) - Logo placement 0 on all advertising materials related to the fundraiser, including posters and postcards 0 on New Brunswick Crafts Council Website, www.nbcraftscouncil.ca o in NBCC quarterly Newsletter, distributed to over 220 members o in all promotional material and social media - Cards/literature placed at the event (supplied by sponsor) - Logo advertised at the event - Free Associate membership to NBCC for 2013 In-Kind - contribution - Logo placement on all advertising materials related to the fundraiser, including posters,tickets, postcards 137 1�� RECEIVED T�,F COMMON CLERK'S QFFICE , C O U N C'. Saint John Chapter 1 Bayard Drive-Saint John, NB E2L 3L5 FEB 17 2013 � (506)633 0398 (506)650 9466 � CITY OF S�fl�Ei'�f'�.'P� 27 February 2013 � Ma��or and Council of the Cit�� of Saint John Cit�� of Saint John, NB gtl, floor City Hall Saint John, NB Your Worship and Councillors: � �� L We want to appear before you at��our Monday March�'1, 2013 Council Meeting. At this meeting we want to explain our concerns regarding the potential federal funding for work on the City's water facilities through a P3. We represent the Saint John C1lapter of the Council of Canadians. Our chapter is part of the Common Causes assembly. Common Causes is an assembly of social movements dedicated to defending democrac��, the environrrient, and human rights. Founded in 1985, the Council of Canadians is Canada's largest citizens' organization, with meinbers and chapters across the country. We work to protect Canadian independence by promotizzg progressive policies on fair trade, clean water, energy� securit��, puUlic health care, and other issues of social �nd economic concern to Canadians. Respectfull�� submitted, Leticia Adair Chapter Contact ladair@nb.aibn.com 138 � '[he Clry of Saint)ohn February 27, 2013 Deputy Mayor Shelley Rinehart and Members of Common Council Deputy Mayor and Councillors: SUBJECT: Motion re: Mayors' Governance Task Force Report I have attached the True Growth 2.0 Mayors' Governance Task Force Report. I would like to thank Daryl Wilson and his team for preparing the report. I would request that Council adopt the recommendations outline in the report as per the following motion. Motion: That Council adopt the recommendations outlined in the attached Report and extend its sincere thanks to the Chair, Daryl Wilson, and each of the individuals who assisted in preparing the Report. Respectfully, Mayor Mel Norton Attached: True Growth 2.0 Mayors' Governance Task Force Report /�- _ 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 "�--� 139 R� � T �,. �� - � �, �'' . ,��'� ` � '��e'`A�;�` "° i f ';'� ' x ;� � c �� .� �. 1�If,jY .i�. '.�� ' - ��y t , � 1 ,,. R� "� T�; f� �` �`�'z V ,I�l'�� ' � = "-y ,'- ��'�^ �' �� .�� - _ `�i:'.�, � .�•. �, 4 �4,; _ � � �t� `� '� - - � � 1 \ f �` ~�°� c � �� , „ �� • �" � �'` �' /��'�,�• ; �uc..: �. '-" '!�� _ .� � �, . Tr u e G ro wt h 2 . 0 Mayors' Governa nce Task Force Report January 31, 2013 '�--° 6rand Bay-Westfield . Quispamsis . Rothesay • St.Martins � Saint John 140 r ; f ::� �+a'�11.�.. _.._ + :��I! ._...�' ,� 1 � ' .�--c / u.... I'�I' j�•• .�� !r!' ��.,.��"�� - '. .� . . .._ ��a_,se= �.�'_s._ : .�. ..:�aiii �.a.. �'�'�J � � ��, �Ya�,�.4,� � 1w ... o � ' ��.T;�--� � ,�-� � . . TABLE OF CONTENTS Introductory comments ..................................................... 3 Focusingon Results ............................................................ 4 Accountability Framework Focused on Achieving Results ........................................... 5 The Mayors' True Growth LeadershipCouncil ............................................................. 7 Implementation Steps ....................................................... 8 '_�—"' Grand Bay-Westfield • Quispamsis • Rothesay • St.Marti�s • Saint John 141 2 Report from The Mayors' True Growth 2.0 Governance Task January 31, 2013 community wants to achieve?We are suggesting there are four areas that need immediate attention. With these ar- To the Mayors of Grand Bay-Westfield, Quispamsis, Rothe- eas identified, future strategies and activities to increase say,Saint John and St. Martins economic development in our region will be focused on the right things. "Charting our Renaissance — True Growth 2.0" recom- mended the creation of a Task Force with a mandate to do The second mandate is related to the structure, composi- four things: tion and appointment process of the Board of Directors of Enterprise Saint John. We saw this in the broader context 1. Develop the components of a balanced economic as being related to the governance changes that should be and community development scorecard for the made to achieve the results which our community desires. region, which would be used to set goals and By focusing on results first and then determining the struc- measure progress and success over a defined pe- ture necessary to achieve the desired results, your task riod of time. force has gone beyond suggesting changes for only Enter- prise Saint John. We will present an Accountability Frame- 2. Review Enterprise Saint John's current board struc- work that, while concentrating on clear lines of responsi- ture, composition and appointing process to ensure bility, will also provide for partnering, collaboration and it is reflective of the renewed role and mandate. input with other economic and community development agencies in the region, the community at large and our 3. Recommend the Terms of Reference and member- political representatives at the federal and provincial level. ship for the Mayor's True Growth Leadership Coun- This will enable a focused energy from the community on cil and priority goals. 4. Develop the review, refresh and renewal process The third mandate, related to the terms of reference and and schedule of True Grourth. membership for the Mayors' True Growth Leadership Council, is set out in a separate section of the report. You appointed the undersigned to the Task Force in late December 2012. We have completed our work and are The fourth mandate made reference to a plan being devel- pleased to provide you with our report. oped to ensure that the True Growth initiative would con- tinue to be reviewed, refreshed and renewed. It is our opinion that the Accountability Framework which we set Introductorv comments out in this report will ensure that this happens. At the outset an important observation must be made.The fact that each of you and your respective municipalities are working together for the betterment of the Greater Saint John region has been inspiring to us, and for others we have talked to, in fulfilling our mandate. It is this envi- � ronment of working together that has created the founda- ;, - �'� - � �`��- � i- 4 +�. =.s ` , S.� ,,�!`! tion on which we have been able to develop our sugges- � -4 �..� :: a _ , tions and recommendations. li�� 4 , _ 4 , �' ��',`��, We believe the first two items set out in our mandate are -� � �� - _ fundamental to the future economic growth of our region. � � _ � � The first one,which is related to the balanced scorecard, is focused on results. What is it that the Greater Saint John ��--" Grand Bay-Westfield • Quispamsis • Rothesay • St.Martins • Saint John 142 3 Focusing on Results on data from Stats Canada and others by survey. In the most recent publication the City of Saint John ranked 78tn out of 103 cities. We believe our ranking can improve sub- To be successful in focusing on the achievement of results stantially by understanding the reasons behind the low there are two key criteria. In the first instance the desired scores on various indicators and taking appropriate action. results must be meaningful and secondly they must be For instance, increasing the confidence level of our busi- measurable.We have identified three indicators that meet ness community would result in a higher placement. An these criteria. A fourth indicator, focusing on innovation, increase in business confidence will also be a critical factor research and related entrepreneurship would be very in the region creating more jobs. meaningful but we have not identified an acceptable measure. The four indicators which we have identified are 3. Si�nificant imqrovement in the Consumer Confi- as follows: dence Index The Consumer Confidence Index (CCI) is published on a 1. Job growth quarterly basis by Consumer Research Associates (CRA). The CCI for a municipality or province is determined by 2. Higher positioning on the Survey of Canada's survey. On a quarterly basis since the middle of May 2010, Top Entrepreneurial Cities the CCI for Saint John has been below the provincial aver- age. An understanding of the components of the CCI and 3. Signifitant improvement in the Consumer where we are receiving low scores will the first step in tak- Confidence Index for our region ing corrective action. 4. Increased innovation, research and related 4. Increased Innovation, research and related entre- entrepreneurship preneurship Your task force believes that Research and Development (including product development) as well as the creation of 1. Job Growth new startup companies are very important to the future economic growth of our region. So too will be the identifi- As a region there are many things we would like to see cation and implementation of new innovative practices from an economic view point. We want more businesses, ,Nithin existing companies.We have not able to identify, at we want population growth, we want our respective mu- this time, a meaningful measure that could adequately nicipal tax bases to increase, and we want more personal capture the level of innovative activity in our region. Meas- disposable income. We believe that central to all these ures such as the amount of spending in Research and De- objectives is the creation of more jobs. This can be more velopment, and the number of registered patents have jobs created by existing companies or by attracting new some relevance to measuring the level of innovative activ- industry and companies to our region.lob growth will also ity but such measures as these are not readily available at attract and retain the talent and intellectual capital which the municipal level. True Growth 2.0 recognized Informa- every healthy economy is based on. tion and Communications Technology (ICT) as a priority Statistics Canada provides two measures that could be growth sector. Your task force believes that there would used to track job growth; the monthly Participation/ be value for the Employment Rate or the Unemployment Rate. board of Enterprise Saint John to set as 3 w r 2. Hisher positionin� on the Survev of Canada's Top a priority the iden- '' � �1 � tification of a rele- � � ; � Entreqreneurial Cities vant measure for -- On an annual basis the Canadian Federation of Independ- innovation. ' - ent Business (CFIB) ranks Canada's Top Entrepreneurial +C� Cities in a publication called Communities in Boom. They T � ��.. do this by looking at 14 different indicators, some based � -� -��i;L , /�—"" Grend Bay-Westfield • Quispamsis • Rothesay . St.Martins • Saint John 143 4 Accountability Framework 3. Hold the Board of Enterprise Saint John accountable for results by receiving a mid-year update on per- Focused on Achieving Results formance and by an annual report received within 45 days of year-end. To be successful in achieving results there must be ac- countability.At one level there is a body that sets expecta- 4. Prepare an annual report within 60 days of year end tions and at the next level is the group that works towards that will be given to the five municipalities and par- fulfilling those expectations. The expectations must be ticipating Corporations. clear and measurable and be communicated at the begin- ning of the accountability period. 5. Invite individuals to serve on the True Growth Advi- sory Council. We present an accountability framework on Schedule A which meets the requirements of achieving targeted re- 6. The ROC Chair will be responsible for setting the sults and good accountability. dates of the biannual meetings of the Mayors'True Growth Leadership Council. The rationale behind the various components and how each would work is as follows: The Board of Enterprise Saint John ReAional Oversi�ht Committee(ROC) Composition of Board The Board will consist of il members who meet the re- Composition of ROC quirements of the "Position Description"for a board mem- Currently there are five municipalities that are allocating ber. The Position Description for a board member is at- taxpayer funds for the purpose of improving the economy tached as Schedule B. of the Greater Saint John region. Your task force believes there are private sector individuals and corporations who Responsibilities of the eoard are willing to financially support True Growth if it is fo- 1. The eoard will be accountable to the ROC for meet- cused on achieving measurable results. These supporting ing established targeted results within the set time individuals and/or corporations should have representa- frames. tion on ROC. We suggest two members. If more than two 2.The Board will participate in and approve a Strategic private sector parties financially support the initiative, Plan for Enterprise Saint John (the"Strategic Plan") they will decide among themselves the two representa- tives that will serve on ROC together with the five Mayors. 2a.The Strategic Plan will focus on what has to be done to achieve the results desired by ROCresponsibilities: the ROC 1. Appoint il members to the Enterprise Saint lohn i. The Economic Development Goals Board of Directors and the Priority Growth Sectors set out in True Growth 2.0 will provide la. When appointing board members the ROC invaluable input for establishing the must be focused on appointing the best Strategic Plan. candidates possible that meet the require- ments of the Position Description at 2b. It will identify the risks that might stand in Schedule B. the way of achieving the goals set in the Strategic Plan, and 2. In consultation with the Board of Enterprise Saint 2c. It will include strategies and actions to John set targets and time frames for the four indi- eliminate or mitigate the identified risks. cators. 3.The Board will hold the CEO of Enterprise Saint John responsible for achieving targeted results/outcomes. ,—�—�" Grand Bay-Westfield • Quispamsis • Rothesay . St.Martins • Saint John 144 5 4. The Board will have a Nominating Committee to 4. The CEO will chair the monthly meetings of the Eco- identify new board members to fill board vacancies nomic Development Partners Committee. and to identify invitees to the True Growth Advisory Council. 5. The CEO, along with the Chair, will have meetings with local MPs and MLAs, at least on a quarterly 5. The Board will report to the ROC on the status of basis. targeted results at mid-year and within 45 days of year-end. Economic Develoqment Partners Committee 6. The Chair, with the CEO, will have meetings with Composition local MP's and MLA's,at least on a quarterly basis. Economic development partners will include: 1) Board Chairs and CEOs of: � : a) Discover Saint John �'`� b) Enterprise Saint John , "'"�.-=:, c) Health&Life Science New Brunswick � , , �' d) Invest NB ; � : � � �s� -� ;�__ ��i,IIV��,I,�l . e)Saint John Airport � � �'�� -� �, f)Saint John Board of Trade � � � II�' �__. �r�„ x� ' �' g)Saint John Industrial Parks y �',4.��,� �'. �� , , � �,.'!� _� ' t -- ir�� i h)Saint John Port Authority � � i) Uptown Saint John � � - --. � � j)Saint John Waterfront Development 2) City, Town and Village Manager/Administrator for Grand-Bay Westfield, Quispamsis, Rothesay,Saint John,St. Enterprise Saint John Mana�ement Martins Composition 3) Executive Director– Department of Economic Develop- Consists of the CEO and staff ment(Saint John Region) Responslbility of Enterprise CEO and staff 4) Regional Manager–ACOA 1.To fulfill the expectations set by the Board of Direc- tors. Other economic development partners will be identified going forward. 2. To work with the Economic Development Partners to achieve the targeted results set by the ROC and Responsi611ity of Economic Development Partners the goals in the Strategic Plan approved by the En- To work with Enterprise Saint lohn in achieving the tar- terprise Saint John board. This will involve open geted results set by the ROC. This will involve open com- communications, sharing of information and em- munications,sharing of information and emphasizing team phasizing team work. work. 3. To collaborate with Economic Development Part- To meet monthly with the Chair and CEO of Enterprise ners on specific projects. One such project will be Saint lohn and work towards common messaging and working towards having consistent messaging and branding for the community and amongst other Economic branding for the community and amongst Economic Development Partners. Development Partners. ,_�—"�' Grend Bay-Westfield • Quispamsis • Rothesay • St.Martins • Saint John 145 6 The True Growth Advisorv Group The Mayors' True Growth CompositionofAdvisoryGroup Leadership Council The Advisors will be individuals who have had an accom- plished and recognized career in business, politics, or com- Composition munity development and who would have difficulty meet- Mayors, Councilors, local MP's, MLA's, business leaders, ing the time requirements of being a member of the Board Chair and board members of Enterprise Saint John, leaders of Directors. from the social, economic, cultural, labor and education sectors. Responsibilities of Advisors The Advisors will be available to provide advice to the ROC The composition is to include representatives from all the and the Board of Enterprise Saint John and be available to sectors in our community that have an interest or role to assist the Board of Enterprise Saint John in any way to play in economic development. achieve the targeted results established by the ROC and the Strategic Plan. Responsibility Meet twice a year to provide input, guidance and support for True Growth initiatives Format • Chair of ROC will oversee the logistics and invita- tions r • The sessions will be led by a facilitator ^`� '�� - • The facilitator will summarize the results as fol- V` a � ti . � �'� '� , '�WS. �� ' � °" :�� y��,,,J' • Issues that are relevant to ROC in its ca- � �:-.; �`=�' �C� ,�, � ��,�, � � �( pacity of establishing targeted results and ��;'�, , � � being responsible for oversight .�p` ,. #..;�� y ��y •- '�r�� '�;, � Issues that are relevant to the Board of '� . Directors of Enterprise Saint John in their '��,;�_, role of developing the Strategic Plans to -�`` �� achieve the targeted results. ,�—�° Grand Bay-Westfield • Quispamsis . Rothesay • St.Martins • Saint John 146 � Impiementation Steps • To ensure an orderly rotation of board members the initial appointments should be as follows; As we concluded our work we identified two steps that . three members should be appointed for 1 need to be taken to enable the implementation of our gov- ernance model. year, 1. The appointment of the initial Board of Directors ' four members appointed for two years,and of Enterprise Saint John • four members appointed for three years. To assist ROC in making the initial appointments to the 2. Make appropriate amendments to the Enterprise Board of Directors, ROC should appoint a Nominating Saint John Letters Patent Committee of business leaders. This Committee will iden- tify fourteen or fifteen candidates who meet the require- The appointment process for new board members will be ments of the Position Description for a Board Member set different than what is currently provided in the Enterprise out at Schedule B. From this list ROC will select the first Saint John Letters Patent. Legal advice should be sought to eleven board members. We offer the following sugges- recommend amendments that should be made to facili- tions in making these original appointments. tate the im lementation of the new a p ppointment process and to provide advice on any other legal matters arising � Some of the new board members should be exist- from the new governance model. ing members of the Board of Enterprise Saint John. This will ensure there is continuity and contribute We suggest that changes to the Letters Patent and any to a smoother transition. other necessary changes be made to enable the ROC to appoint the new board members by April 1,2013. • The term of a board appointment will be three years and a member will be eligible to serve for This concludes our work. We appreciate the opportunity you have given us to work on this important project and two terms. hope that the implementation of our recommendations will lead to positive economic results for the Greater Saint John Region. Respectfully Submitted by ��,�.�...��----�,,,,�,.�,,�.�, � � Roxanne Fairweather Eric Savoie Larry Hachey Carolyn Van der Veen � �� .� 1��.� � �, � _°"_'- �1 :;� �` ��. Tom Gribbons Bill Teed Tony Gogan Daryl Wilson,Chair '�--" Grand Bay-Westfield • Quispamsis • Rothesay • St.Martins • Saint John 147 8 Saint John Community Schedule A True Growth Economic Development Accountability Framework Regional OvQrsight Committee(ROC) Municipal Mayors 8 ..�� Corporate Funders True Growth Advisory Council Enterprise SJ 8oard of Directors (11 directors) Ent�rprise SJ Economic Development CEO Partners Committee ECONOMIC DEVELOPMENT PARTNERS WILL INCLUDE: 1)Board Chairs antl CEOs of a)Discover Saint John b)Enterprise Saint John Enterprise SJ c)Health 8 Life Science New Brunswick Staff a)Invest NB e)Saint John Airport �Saint John 8oard of Trade g)Saint John Industrial Parks h)Saint John PoR Authoriry f)Uptown Saint John j)Saint John Waterfront Development 2)City,Town antl Village Manager/AtlminisVator tor Grand-Bay Westfield,Ouispamsis,Rothesay,Saint John,St.Martins 3)Executive Director—DepaRment af Economic Development (Saint John Region) 4)Regional Manager—ACOA Other economic development partners wilf be identified going forward. ,�—"° Grand Bay-Westfield • Quispamsis • Rothesay . St.Martins � Saint John 148 9 Schedule B Position Description For Board Member Enterprise Saint John To serve as a Board Member of Enterprise Saint John will be of interest to highly motivated people who are passion- ate about the economic potential of the Greater Saint John region and who are committed to devote time and en- ergy to making a positive contribution. Responsibilitv of a Board Member • Focus the efforts of Enterprise Saint John on achieving the measurable objectives set by the Regional Over- sight Committee • Participate in and approve Enterprise Saint lohn's Strategic Plan and Risk Assessment • True Growth 2.0 will be a key reference document particularly as it relates to"5 Critical Economic Development Goals"and"6 Priority Growth Sectors". In future years the Strategic Plan may include new growth sectors and require modification to existing sectors as outlined in the True Growth 2.0 document. • Collaboration among all our key community stakeholders will be a critical success factor.The Strate- gic Plan should include strategies and actions to engage the Region's Economic Development Part- ners so that they all make positive contributions towards achieving the measurable objectives for the Region. • Receive timely(monthly or quarterly) reporting from management on progress made in relation to goals set in the Strategic Plan and Risk Assessment • Provide a mid-year update to the Regional Oversight Committee on progress on the measurable objectives • Provide an Annual Accountability Report to the Regional Oversight Committees within 45 days of year-end with a focus on reporting the progress made towards achieving the measurable objectives. • Select, hire and evaluate the CEO � Ensure there are succession plans for the CEO and other critical position within Enterprise Saint John • Support an effective and efficient board meeting process � Ensure Board Members have appropriate skills and experience • Recommend new Board Members to the Regional Oversight Committee when vacancies occur • Recommend new True Growth Advisory Council members to the Regional Oversight Committee � Ensure new Board Members are given an Orientation session '—r--° Grend Bay-Westfield • Quispamsis • Rothesay . St.Martins • Saint John 149 10 Back�round Knowledae and Experience Requirements • A good understanding/experience of the global economic challenges,trends and opportunities • A good understanding of the competitive environment that currently exists between cities and provinces for economic development • A good understanding of the current weaknesses and opportunities that exist in our local economic envi- ronment � Be recognized as a successful business, educational,or community leader in our Region,or if new to our community be seen to bring a valuable and different perspective • A good business acumen • A proven track record of success • Experience serving on boards Personal Reauirements • Must be results orientated • Must be able to function in a board environment � Independent thinking skills � Value the opinions of others and works with others in reaching innovative decisions • Must have good communications and relationship skills • Must be prepared to actively participate,with a sense of urgency, in fulfilling the responsibilities of the Board • Must be committed to maintaining confidentiality of information received at the Board level Time Commitment • Total time commitment could be 50 hours per year consisting of: � 11 to 12 Board Meetings per year • Committee work • Opportunities to promote the region to new industries,entrepreneurs or developers and to close prospective deals ,—�—"' Grand Bay-Westfield • Quispamsis • Rothesay • St.Martins � Saint John 150 11 �/�—..0 ��_�.� Grand Bay-Westf'ield • Quispamsis • Rothesay • St.Martins • Saint John 151 �. � � � �.� �r � co � n� � N ca � � � � L .�� . _� �'�k��`>:;;�c r� r� / r 5��'Y' 1�� M & C2013 -33 � � ��; � � �'� �i � �L�.'7^ r ;,,;:k��. �"�r � February 26, 2013 The Citti�of saint)ohn His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Services—Millidge Avenue and Area Sanitary Sewer Installations BACKGROUND The approved 2013 Water & Sewer Utility Capital Program includes a project for the construction of new sanitary sewers and services in the Millidge Avenue area as recommended in the Beach Crescent & Meadowbank Drainage Basin Study to alleviate flooding from the sewer system. This phase of the project will include work on Kennebecasis Drive and Meadowbank Avenue near Millidge Avenue and also on Millidge Avenue from Meadowbank Avenue to Daniel Avenue. A Request for Proposal (RFP) was advertised to engage an Engineering firm to carry out the following services for the above noted project: ♦ Part A— Site Surveys, Preliminary Investigation and Data Collection ♦ Part B —Preliminary Design, Cost Estimates and Design Report ♦ Part C—Conduct Public Consultation Process ♦ Part D—Detailed Design ♦ Part E — Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings ♦ Part F—Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 152 � M & C2013 -33 February 26, 2013 Page 2 ANALYSIS With a comprehensive ternls of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed on February 14, 2013 with responses received from the following ten consulting engineering companies: � Brunswick Engineering & Consulting Inc., Saint John, NB • CBCL Limited, Saint John, NB • Crandall Engineering Ltd., Saint John, NB • Dillon Consulting Limited, Saint John, NB � exp Services Inc., Saint John,NB • Hatch Mott MacDonald, Rothesay, NB � GEMTEC Liinited, Saint John, NB • GENIVAR Inc., Saint John, NB • Opus International Consultants (Canada) Limited, Fredericton,NB • Stantec Consulting Ltd., Saint John, NB A Review Co�nmittee consisting of staff from Materials Management, Saint John Water and Transportation & Environment was fonned to evaluate submissions. Each member coinpleted an independent review of the submissions and a joint discussion was held to develop the final ranking of subinissions. The Review Committee came to a conclusion on their recoinmendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing, Engineering, and Operations to ensure a thorough review of the various submissions. The work contemplated is very significant and vital to the City's sewer system. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. The Committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 1. Quality a�zd Completeness — Does the proposal address all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Coi�sultant's Expe�^ience — Has the consultant demonstrated a level of expertise with the requirements of this project? 153 M & C2013 -33 February 26, 2013 Page 3 3. Experieiice of Enzployees/Sub-consultants—Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 4. Methodology — Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Value Added — What additional information, technology, process or options has the consultant included in his proposal? Is there value added to the consultant's response for this additional information? 6. Cost — Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration, the Review Cominittee selected the submission of Crandall Engineering Ltd. as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience,personnel, technical proposal and cost. The submission from Crandall Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost-effective bid for the project. Crandall Engineering's proposal scored the highest overall, offering the best overall solution for the City. While their proposal not only scored the highest technically, their financial proposal represents the lowest cost solution to the City of Saint John. The abo��e process is in accordance with the City's Procurement Policy and Materials Management supports the recommendation being put forth. FINANCIAL IMPLICATIONS The proposed cost of work from Crandall Engineering Ltd. to provide engineering design and construction management services for this project is $362,673.50 including HST. This cost is based on an estimated 46 week construction manageinent period (two contracts, each with a 23 week construction period running concurrently). An amount of $3,000,000 is included in the 2013 Water & Sewer Utility Capital Program for engineering design, construction management, and construction for this project. 154 M & C2013 -33 February 26, 2013 Page 4 Engineering fees to cover the costs of design and construction management generally do not exceed 15-20% of the total o��erall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 12.1% of the total overall project cost, which is considered appropriate for this type of work and size of project. POLICY-ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request For Proposal at the rates submitted and accepted in the consultants proposal not to exceed the Recommended Minimum Hourly Rates as contained in The Association of Consulting Engineering Companies - New Brunswick fee guideline. The Construction Manageinent component of this project fee is based on an estimated 46 week construction period (two separate contracts - each with a 23-week construction period). The final fee will be calculated based on the actual construction management period. RECOMMENDATION It is recommended that the proposal from Crandall Engineering Ltd. for engineering design and construction management ser��ices for the Millidge Avenue and Area Sanitary Sewer Installations project in the amount of$362,673.50 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, , ' �l/L��-, l� � � �'�.�.- �� r� -r.,� � � Susan Steven-Power, P.Eng. Brian Keenan, P.Eng. Municipal Engineer Engineering Manager ��- � �� Wm. Edwards, P.Eng. J. Patrick Woods, CGA � � Commissioner City Manager Transportation & Environment 155 REPORT TO C�MMON COUNCIL 1 March 2013 ---- �. ;o� � � His Worship Mel Norton and Members of Common Council city of Saint John Your Worship and Councillors: SUBJECT: Advisory Services—Partnerships NB The City of Saint John is preparing a business case submission to P3 Canada in support of the Safe Clean Drinking Water project. This is a multi-faceted initiative that requires expertise in communications, engineering, legal services, financial analysis, procurement etc. Partnerships NB has extensive experience in the development and delivery of P3 projects and is prepared to provide assistance to the City in preparing our subinission and moving the project forward to the decision making stage. An outline of the various seivices they can provide is attached. Their experience and expertise will help to ensure that our proposal is sound and fully meets the requirements of P3 Canada. Recommendation Resolved that Common Council authorize the City Manager to engage Partnerships New Brunswick as required to provide advisory services related to the scope, business case development and procurement process for the P3 Canada Water submission. Respectfully submitted, � � trick Woods, CGA CITY MANAGER 156 � -�� L � ' �". �.._.... �1>. .. ,a .�w Brunswick __ . _ Partnerships New Brunswick Mandate The Mandate of Partnerships New Brunswick is to support ciients in delivering projects as P3 projects: � Evaluation of proposed projects as a candidates for implementation as P3 projects; • Planning and managing the procurement process leading to project implementation, including such areas as project scope, risk transfer, request for qualifications, request for proposals, contract documentation, negotiation and finalization, as well as contract administration assessment and project outcome evaluation; • Specific areas of responsibility may vary on projects subject to agreement between the office and client department. Partnerships NB serves as the provincial contact with P3 Canada and liaises with P3 Canada on all matters relating to P3 projects within the Province. Partnerships NB also monitors federal funding programs in regard to P3 projects and advise New Brunswick Government Departments of possible opportunities. Partnerships NB will from time to time liaise with other provincial P3 offices working where feasible to develop a common approach on such matters as risk transfer. Partnerships NB is responsible for delivery of New Brunswick Highway Corporation (NBHC) and New Brunswick Department of Transportation (NBDOT) P3 projects. Partnerships NB is mandated to provide services to all Departments and Agencies of the Province, other levels of governments such as municipalities and as well as other jurisdictions. Partnerships NB maintains a close relationship with the Department of Finance regarding the development and implementation of P3 projects Services Partnerships NB can provide the following services to its clients: • The provision of services to clients in regard to the development and implementation of P3 projects including, o assessment of projects to determine suitability for implementation as P3 projects, including preliminary screening, detailed assessments, and VFM analyses, o market sounding, o preparation of business case (VFM) for potential projects, o retention of technical, legal and financial advisors, o coordination of reference case development, o documentation, 157 o project outcome evaluations, including retrospective business analyses and lessons-learned reviews, • The provision of management services in regard to the development and implementation of P3 projects, o management of the procurement process, and o management of project implementation and operations, • The provision of advice to client departments in regard to the development and implementation of P3 projects including, o advice on risk transfer, project scope, definition of project requirements, o advice on developing project agreements, o procurement process for P3 projects, o development and preparation of RFEOIs, RFQs and RFPs, o qualifications and proposal evaluation, o assistance and advice regarding the management of the implementation and operation of P3 projects, Clients continue to be responsible for the delivery of their respective mandates and retain ownership of their projects. Accordingly, unless specifically agreed between the client and Partnerships NB, clients would be responsible for: • Identifying projects as potential P3 candidates; • Establishing all project technical requirements; • Project management during procurement; • Project management during implementation and ongoing operations; � Obtaining budget approvals Areas of responsibility may vary from project to project subject to agreement between the client and Partnerships NB. 158 ,� �} � � REP4RT T� COMMON C�UNCIL •�� 1 March 2013 �. :R; � His Worship Mel Norton and Mcmbers of Common Council city oF sa�t �ohn Your Worship and Councillors: SUBJECT: Adjudication Services—LTD Claims The City of Saint John has now removed long-term disability bcnefits from the pension plan and arranged for an insured plan from Great West Life. Responsibility for payment of disability pensions awarded under the now repealed City of Saint John Pension Act (identified as the "LTD pension benefit" in thc MOU rcgarding conversion) is the responsibility of the City and new claims arising after January 1 st, 2013 will be subrnitted to Great West Life for consideration. There are however cases whcre individuals had initiated a claim with the pcnsion board prior to conversion or where a serious health situation was likely to give rise to such a claim. Great West has advised that their coverage does not extend to these cases. There is therefore a nccd for the City to have a process in place to assess claims for benefits arising out of pre-existing conditions at time of conversion. The pension board had a contract for adjudication advisory services with LifeMark/Centric Health. A proposal was requested from Lifemark/Centric to now provide the same serviccs to the City given their familiarity with our benefit provisions, docurnentation and workplace. This would allow us to process the remaining claims on the same basis as previously provided in a seamless and timely manner. Recommendation Resolved that Common Council engage Centric Health Rehabilitation Inc to provide long-term disability claims adjudication advisary services to the City of Saint John as per their proposal of February 27, 2013 and that the Mayor and Common Clerk be authorized to sign thc agreement. l�.cspectfully submitted, . J:,,�atrick Woods, CGA CITY MAIYAGER 159 LifeMARx ,C�entric ��.�I� H E A L T 8 � Yaur r'.nr�OurFocus. February 27,2013 Mr. Patrick Woods City Manager City of Saint lohn 8"' Floor City Ha!! Saint John, NB Subjett: Adjud+cation Services for the City of Sa+nt John � Dear Mr.Waocls: Thank you for the opportunity to pro�ide you with a proposal to provide adjudicatian services to the City of Saint John. As one of Canada's largest health management and cQnsulting companies,Centric Health's(Centric) mission is to deliver the highest standard in disability/claims management,adjudication, medical assessment, rehabilitation,education and wellness services. We are able to deliver the full scope of service offerings under ane umbrella,with a depth of experience and resources which are unparaifeled. As you are aware,we have been providing similar services to the Saint John Pension Board for a number of years. Given the recent changes to the Pension Plan,we understand that our histori�al role will now be managed by the City of Saint 1ohn. Given our experience and understanding of your needs,we are well positioned to immediately and seamlessly integrate the required services. Specifically,we understand our rale is to act as the Claims Administrator to the City of Saint John and provide the following primary functions: � Conduct a re�iew of any disability applications referred by the City of Saint John. Foilowing re�iew of the application and any pertinent information,Centric will prepare a written First Recommendation as to whether the Claimant does or does not meet the definition of"totally and permanently disabled"as defined by the City of Saint John. Any recommendation which finds a Claimant to be totaily and permanentfy disabled will be supported by: o Written certifi�ation by a New Brunswick licensed medical doctor. o Satisfaction by Centric that the Claimant meets the City of Saint John's definition of totally and permanently disabled. • As required,Centric will seek further information from the Claimant,the employer of the Claimant,treating medical practitioners and/or arrange for independent medical examination or other assessments and evaluations, in order to rnake a recommendation to the City of Saint John. • Centric will send the First Recommendation directly to the Claimant. The Claimant will have 30 days upon receipt of the First Recommendation to advise Centric in writing that: Mau Bell Arena, 1221 Barpkv�rail SE,Calgary,AS T2E 6S2 "I b A�r:°1.888.569.8138 t;�%:403.569.Oi96 centrichealth.ca LifeMARK ;�. �entric�� r_ �.- H E A L T H ' ��';ztrCrare.OurFocus. o the Claimant agrees with the First Recommendatian;or o the Claimant does not agree with the First Recommendatian. • If the Claimant advises Centric that they disagree with the First Recommendation, the Claimant shall request a Claims Administrator Review to take place. • If the Claimant advises Centric that they agree with the First Recommendation,or if 30 days have passed since the First Recommendation was provided to the Claimant,and the Claimant has not responded,Centric shall submit the First Recommendation and a copy of any communication from the Claimant to the City of Saint John for decision. • The City of Saint John will review the First Recommendation and any written communication from the Claimant to Centric and will render a decisian: o to grant or continue the disability benefit; o to refuse or cease a disability benefit;or o to seek further information (this decision will result in a Claims Administrator Review]. Claims Administrator Review(conducted by Centricy • Claimants who have requested for a Claims Administrator Review must do so�n writing and within thirty(30) cafendar days of the receipt of the First Recommendation.The Claimant must also indicate the specific reasons for requesting the Claims Administratar Review and may also provide,at that time,any new information to Centric{such as medicaf reports,employment information, etc) intended to support the Claimant's position � if a Claims Administrator Review is initiated as a result of the City of Saint John's decision to seek further information,the Claimant may provide any new information to Centric to suppart the ClaimanYs position. • Centric will review all information and prepare a written Final Recommendatian as to whether the Claimant is"totally and permanently disabled"as defined by the City af Saint John. Any recommendation which finds a Claimant to be totally and permanently disabled will be supported by: o Written certification by a New Brunswick licensed medical doctor. 0 5atisfaction by Centric that the Claimant meets the City of Saint John's definition of to#afly and permanently disabled. • Centric will send the Final Recommendation to the Claimant. • The Claimant will have 30 days upon receipt of the First Recommendation to advise Centric in writing that: o the Claimant agrees with the Final Recommendation;or o the Claimant does not agree with the Final Recommendation. • If the Claimant advises Centric that they disagree with the Final Recommendation, the Claimant shall reques#a Final Review to take place(previously a Board Review). Max BeD Arena, 1221 Barlg��rail SE,Calgary,AB T2E 6S2 l i��l:1.888.569.8138 fa�:40�.569.0196 cen�ichealth.ca L1f�MARK „�Centric �!��. H E A L T H � Your��arr�.Our,Focus. • If the Claimant advises Centric that they agree with the Final Recommendation,or if 30 days have passed since the Final Recommendation was provided to the Claimant,and the Claimant has not responded, Centric shall submit the Finaf Recommendation and a copy of any cammunication from the Claimant to the City of Saint John for decision. • The City of Saint John will review the Final Recommendation and any written communication from the Claimant to Centric and wilf render a decisian: o to grant or continue the disability benefit; o to refuse or cease a disability benefit;or o to seek further information(If the City of Saint John decides to seek further informatian,the City of Saint John shall specify the information sought, and Centric shall initiate a second and final Claims Administrator Re�iew). The general role anc!processes identified abo�e are based on our historical functions as the Claims Administrator for the Saint John Pension Board. In light of the recent Pension Reform and changes in how disabilities are being handled, Centric remains committed to working closely with the City of Saint John and amending the approach and/or our role as the need may exist. Our assaciated fee for providing adjudication, case management and medicai assessment coordination is proposed at$135/hour. Physician related reviews as it relates to these services will be billed at$350/hour. We will continue to track and invaice our time in six {6}minute increments,with no monthly minimum fee imposed. Associated out-of-pocket expenses for items such as pastage,courier fees,completion of physician statements, external medical cansultations,etc.will be billed back ta the City of Saint John at our cost, without mark-up. We are confident in our abilities to provide the expertise and solutions that your organization requires. We look forward tQ the opportunity of expanding our relationship ta the City of Saint John and are fully committed to earning your business. Please do not hesitate ta contact me if you have any questions and/or wish to discuss this proposal in greater detail. I can be reached directly at: 1-888-569-0196(toll-free)or via email at linc�sev.n�@centrichealth.ca. Respectfully Submitted, ..� l l�� / ._. `Lindsey Ng Max Bell Arena, 1221 Bar14��,rai1 SE,Galgary,AB T2E 652 I L tel:1.888.569.Bi38 fax:403_569.Q1,96 centrichealth.ca �.�i � +1,.f �. l. � � �� i��. �� March 1,2013 �� • � ;�� His Worship Mayor Mcl Norton and �� Membcrs of Common Council Your Worship and Councillors, Subject: APC -Land Transaction At its rneeting on February 25, 2013, Common Council resolved to "purchase lands bearing Service New Brunswick PIDs 337386, 370429, 55192207, 434225 together with approxi�nately 3 acres of PID 434191 and 10 acres (appraximately) of PIDs 434217 and 434209 ..." At thc same meeting, Council resolved to enter into an Option Agreement with Atlantic Potash (APC) "generally in the form as attached." The Option Agreement purports to grant an Option to APC over the above noted FIDs. ln preparing the land transaction, the City SoZicitor's Office discovered that the 100 acres more or less contemplated in the map attached d.oes not include the entire PID 434225. In fact, it would seem that the parties only intended for the City to acquire that portion of said PID lying South of the railway spur identif ed on the attached SNB map as PID 55114219. Recommendation That Common Council amend the resolution adopted at its meeting February 25,2013 pertaining to APC Lands Transaction by deleting "4342�5" and replacing with "that portion of PID 434225 ]ying South of the railway spur identified as PID SS 114219." And further that the Oprion Agrcement attached to the report dated February 21, 2013 bc amcnded to reflect the above noted. Respectfully submitted, �,� 1 � J. Patrick Woods, CGA y Manager 163 Page 2 Servlce New Brunswick Service Nouvesu-Brunawick y�1 � � � . T. �� . � . � �a°'' l �ytiy2 ab.�y ; SS �, Sslj f��;i, F 551 ��QO �r-,��d jp' . 9�06 . 4i� ' � i .� .2� �`, /� S �� • � 1Na . •�� , � �f S p ' s'sj � � . ,, ;. 1d �� . . 6iS0, � �\`„\ ! :�`rS s�� FN - S �' �.�.J� f �s �� s�� •.�!I o}� ryo0y rr . s �� o �- '` �yb o ��' h� y�i ti � yy � � b�° � y�y0 / yqtin yt �5 A6948 � 1 ��1g °e ` a / � �� . / �613y� pa 00439225 Y� p d� 55153�56 # �lb��o3 Ss�v 5514G930 5 551�421g 6� � J S� O? a0 J 0 3 22 �� SS2� gOS9 �." � ° i ' o �� ' °_ ��--- a , , ; / 606A / �.y0 , � 5 � � ss . � � 3B6 .�a ,� . / 0��3� �Aa / � � � .��, .�� / /�,c "(; / � '6� /, 1 O��aAC,4� �`✓ � f � Map Scala!�chelle cartographique 1 : 4223 Whiie fhis map may not be free from error or omission,care has been taken to ensure the hest poss(ble quallty.This map Is a grephlcal representation of property boundariss which approximates the size,configuration and location of propertles.It Is not a survey and is not intended to be used far legal descriptions or fo calculate exact dimensions or area. M@me si cette carte�'est peut-�tre pas libre de toute erreur ou omiss�on,toutes les pr�cauifons ont Bt�prises pour en assurer le meillsure qualit8 possibie.Cette carte est une repr8sentstion graphique approximative des terrains(limites,dlmensions, configuration et emplaoement).Elle rt'a aucun caract�re officiel et ne doit done pas servir�ia r&daction de!a description offfcielle d'un terraln ni au calcul de ses dimensions exactes ou de sa superficie. 164