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2014-02-03_Agenda Packet--Dossier de l'ordre du jour CityofSaintJohn CommonCouncilMeeting AGENDA Monday,February3,2014 6:00pm CouncilChamber PleaseuseChipmanHillentrance S'ilvousplaîtutiliserl'entréeChipmanHill SivousavezbesoindesservicesenfrancaispouruneréuniondeConseilcommunal,veuillezcontacterle bureaudugreffiercommunalau658-2862. Pages 1.CalltoOrder-Prayer 2.ApprovalofMinutes 2.1MinutesofDecember17,20132 - 3 2.2MinutesofJanuary20,20144 - 8 3.ApprovalofAgenda 4.DisclosuresofConflictofInterest 5.ConsentAgenda 5.1StaffingRequest-FinanceDepartment(RecommendationinReport)9 - 10 5.2ElevatedCarbonMonoxide(CO)LevelsatGormanArena-Update11 - 12 (Recommendation:ReceiveforInformation) 5.3ProposedPublicHearingDate-362CharlotteStreetWest,1942Manawagonish13 - 14 Road,811GrandviewAvenue/220ChamplainDrive&229-231Churchill Boulevard(RecommendationinReport) 5.42014ServiceContractbetweenAccu-LinkandtheCityofSaintJohn15 - 21 (RecommendationinReport) 5.5CityofSaintJohnLettertotheGovernmentofNewBrunswickEncouragingthe22 - 30 RighttoVoteforPermenantResidentsintheMunicipalElections (Recommendation:ReceiveforInformation) 1 5.6The City of Saint John and the World Energy Cities Partnership31 - 38 (Recommendation: Receive for Information) 5.7City of Saint John Retirees Association Letter Re RCMP (Recommendation:39 - 39 Receive for Information) 5.8Canadian Cancer Society Daffodil Campaign (Recommendation: Refer to40 - 40 Common Clerk) 5.9K Winchester Letter Santa Claus Parade (Recommendation: Refer to Uptown41 - 41 SJ) 6.Members Comments 7.Proclamation 7.1Heart Month - February 201442 - 42 7.2Heritage Week and Heritage Day - February 10-17, 2014 and February 17,43 - 43 2014 7.3White Cane Week - February 2-8, 201444 - 44 8.Delegations / Presentations 9.Public Hearings 9.1M&C 2014-011 Proposed Heritage Conservation Areas By-Law Amendment45 - 55 100 Watson Street and 183 Duke Street West 9.1.1Proposed Heritage Conservation Areas By-Law Amendment - 10056 - 58 Watson Street and 183 Duke Street West 10.Consideration of By-laws 11.Submissions by Council Members 11.1Update from Police Commission on Policing Costs (Councillor Reardon)59 - 59 11.2Update on New City Hall (Councillor MacKenzie)60 - 60 12.Business Matters - Municipal Officers 12.1Process to Obtain RCMP Services61 - 65 12.2City of Saint John 2014 Pre-Budget Submission to the Government of New66 - 68 Brunswick 12.3The City of Saint John's Parameters of Participation in the Living SJ Initiative69 - 71 12.4ZoneSJ Request for Special Council Meeting72 - 73 2 12.5Requested Amendment to Section 39 Condition- Land fronting on Old Lake74 - 79 Trail 12.5.1Section 39 Amendment 72-74 Old Lake Trail80 - 92 13.Committee Reports 13.1Planning Advisory Committee - PAC Executive for 201493 - 93 13.2Planning Advisory Committee: Proposed Subdivision 345 Boars Head Road94 - 109 (Cambridge Estates) 13.3Planning Advisory Committee: Proposed Subdivision 65 and 125 Kirkpatrick110 - 119 Lane (File: 2740 Golden Grove Rd) 13.4Planning Advisory Committee: Subdivision Application 1965 Sandy Point Road120 - 132 14.Consideration of Issues Separated from Consent Agenda 15.General Correspondence 15.1Duke and Cricket Cove Letter - National Sweater Day133 - 133 15.2New Brunswick Museum Request to Present to Council134 - 134 16.Supplemental Agenda 17.Committee of the Whole 18.Adjournment 3 City of Saint John Common Council Meeting Monday February 3, 2014 Committee of the Whole 1. Call to Order Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: th 4:00 p.m. 8 Floor Boardroom City Hall 1.1 Process to Obtain RCMP Services 1.2 Fluoridation of Water - 2014 Operating Budget 1.3 Labour Matter 10.2(4)(j) 1.4 Financial Matter 10.2(4)(c) 1.5 Financial Matter 10.2(4)(c) 1 The City of Saint John Séance du conseil communal Le lundi 3 février 2014 18 h Salle du conseil Comité plénier 1. Ouverture de la séance Si vous avez besoin des services en français pour une réunion de Conseil Communal, veuillez contacter le bureau de la greffière communale au 658-2862. Chacun des points suivants, en totalité ou en partie, peut faire l'objet d'une discussion en privé en vertu des dispositions prévues à l'article 10 de la Loi sur les municipalités. Le conseil/comité prendra une ou des décisions à cet égard au cours de la séance publique : 16 h Salle de conférence, 8e étage, hôtel de ville 1.1Processus visant à obtenir des services policiers de la part de la GRC 1.2Fluoration de l'eau Budget de fonctionnement de 2014 1.3Question relative au personnel alinéa 10.2(4)j) 1.4Question financière alinéa 10.2(4)c) 1.5Question financière alinéa 10.2(4)c) Séance ordinaire 1. Ouverture de la séance, suivie de la prière 2. Approbation du procès-verbal 2.1 Procès-verbal du 17 décembre 2013 2.2 Procès-verbal du 20 janvier 2014 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'intérêts 5. Questions soumises à l'approbation du conseil 5.1 Demande de dotation en personnel Service des finances (recommandation figurant au rapport) 5.2 Niveaux élevés d'oxyde de carbone à l'aréna Gorman Mise à jour (recommandation : accepter à titre informatif) 5.3 Date proposée pour les audiences publiques visant le 362, rue Charlotte Ouest, le 1942, chemin Manawagonish, le 811, avenue Grandview/220, promenade Champlain et les 229-231, boulevard Churchill (recommandation figurant au rapport) 5.4 Contrat de services en 2014 conclu entre Accu-Link et The City of Saint John (recommandation figurant au rapport) 5.5 Lettre de The City of Saint John adressée au gouvernement du Nouveau- Brunswick afin d'encourager l'octroi du droit de vote aux élections municipales aux résidents permanents (recommandation : accepter à titre informatif) 5.6 The City of Saint John et World Energy Cities Partnership (partenariat mondial énergie cités) (recommandation : accepter à titre informatif) 5.7 Lettre de l'Association des retraités de Saint John au sujet de la GRC (recommandation : accepter à titre informatif) 5.8 Campagne de jonquilles de la Société canadienne du cancer (recommandation : transmettre au greffier communal) 5.9 Lettre de K. Winchester concernant le défilé du père Noël (recommandation : transmettre à Uptown Saint John) 6. Commentaires présentés par les membres 7. Proclamation 7.1 Février 2014 7.2 Semaine du patrimoine et Fête du patrimoine Du 10 au 17 février 2014 et le 17 février 2014 7.3 Semaine de la canne blanche du 2 au 8 février 2014 8. Délégations et présentations 9. Audiences publiques à 18 h 30 9.1 M/C 2014-011 : Projet de modification de l'Arrêté concernant les aires de conservation du patrimoine de Saint John 100, rue Watson et 183, rue Duke Ouest 9.1.1 Projet de modification de l'Arrêté concernant les aires de conservation du patrimoine de Saint John 100, rue Watson et 183, rue Duke Ouest 10. Étude des arrêtés municipaux 11. Interventions des membres du conseil 11.1 Mise à jour du Bureau des commissaires de police au sujet des coûts des services de police (conseillère Reardon) 11.2 Le point sur le nouvel hôtel de ville (conseiller MacKenzie) 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Processus visant à obtenir des services policiers de la part de la GRC 12.2 Proposition prébudgétaire 2014 de The City of Saint John présenté au gouvernement du Nouveau-Brunswick 12.3 Critères de participation de The City of Saint John à l'initiative Vivre SJ 12.4 Demande de ZoneSJ pour la tenue d'une séance extraordinaire du conseil 12.5 Modification demandée aux conditions imposées par l'article 39 relativement au terrain qui donne sur le sentier Old Lake 12.5.1 Modification de l'article 39 visant les 71-74, sentier Old Lake 13. Rapports déposés par les comités 13.1 Comité consultatif d'urbanisme : Direction du CCU pour 2014 13.2 Comité consultatif d'urbanisme : Projet de lotissement visant le 345, chemin Boars Head (lotissement Cambridge Estates) 13.3 Comité consultatif d'urbanisme : Projet de lotissement aux 65 et 125, allée Kirkpatrick (Dossier : 2740, chemin Golden Grove) 13.4 Comité consultatif d'urbanisme : Demande d'aménagement de lotissement au 1965, chemin Sandy Point 14. Étude des sujets écartés des questions soumises à l'approbation du conseil 15. Correspondance générale 15.1 Lettre de Duke et Cricket Cove Journée nationale de la p'tite laine 15.2 Demande du Musée du Nouveau-Brunswick en vue de faire une présentation devant le conseil 16. Ordre du jour supplémentaire 17. Comité plénier 18. Levée de la séance 98- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 17, 2013/LE 17 DECEMBRE 2013 COMMON COUNCIL SPECIAL MEETING THE CITY OF SAINT JOHN CITY HALL DECEMBER 17, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; K. Rice, Deputy Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Hamilton, Commissioner of Growth and Community Development Services; N. Jacobsen, Commissioner of Strategic Services; A. Poffenroth, Deputy Commissioner of Building and Inspection Services; K. Clifford, Fire Chief; Sgt. R. Caswell, Police Dept.; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk 1. Call to Order Prayer Mayor Norton called the meeting to order and Deputy Mayor Rinehart said the opening prayer. 2. Procedure Waived On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the By-Law Number M-5, A By-Law Respecting the Procedures of the Common Council of the City of Saint John, section 12.7 Speaking time limitation, be waived for the special meeting. Question being taken, the motion was carried. 3. City Manager: 2014 General Fund Operating Budget Report The City Manager presented the 2014 General Operating Budget for the General Operating Fund, stating that overall the budget embraces the priorities of Council, roads, recreation, water and quality of life. Mr. Woods advised that the largest cost pressure area would be arbitrated wage settlement, because the ability to pay is not a consideration in arbitration awards. Council members provided their individual input on the proposed budget. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the 2014 Operating Budget for the General Operating Fund be referred to the City Manager for further review and update and referred back to Council on Monday December 23, 2013. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the December 23, 2013 Regular Session of Common Council commence at 5:00 p.m. in Council Chambers. Question being taken, the motion was carried. 4. Adjournment On motion of Councillor Norton Seconded by Councillor Strowbridge RESOLVED that the Common Council meeting of December 17, 2013 be adjourned. 2 97- COMMON COUNCIL/CONSEIL COMMUNAL DECEMBER 17, 2013/LE 17 DECEMBER 2013 Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 9:00 p.m. Mayor / maire Common Clerk / greffier communal 3 97- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 20, 2014/LE 20 JANVIER 2014 COMMON COUNCIL MEETING THE CITY OF SAINT JOHN CITY HALL JANUARY 20, 2014 - 6:00 P.M. Present: Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; M. Tompkins, Solicitor; C. Graham, Comptroller; K. Rice, Deputy Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner of Building and Inspection Services; K. Clifford, Fire Chief; J. Taylor, Common Clerk; R. Evans, Administrative Assistant. Regrets: Mel Norton, Mayor 1. Call To Order Prayer Deputy Mayor Rinehart called the meeting to order and Rev. Don Shepherd offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of January 6, 2014 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the minutes of the meeting of Common Council, held on January 6, 2014, be approved with the following amendment to item 11.1: Councillor McAlary raised a point of order on three legal concerns: can Council address this topic as there is a Police Commission in place; would Council be penalized by the Labour Board due to current labour negotiations and are the Mayor and Councillor Norton in conflict of interest due to being members of the Board of Police Commissioners. Question being taken, the motion was carried with Councillors Farren and Norton voting nay. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of items 17.1 Committee of the Whole: Saint John City Market Head Tower Water Damage, Closure, and Capital Renewal; and item 17.2 Purchase of Griffin Lands in McAllister Industrial Park (Councillor Fullerton). Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That the letter from the Hon. Trevor Holder, MLA, regarding Heritage Week 2014 be referred to the Common Clerk to prepare the proclamation. 5.2 That the letter from the Heart and Stroke Foundation of New Brunswick, regarding Heart Month be referred to the Common Clerk to prepare the proclamation. 5.3 Refer to Item 14.1 5.4 That as recommended by the City Manager in the submitted report M & C 2014 05: Arena Advertising to Benefit P.R.O. Kids, Common Council amend the resolution 4 97- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 20, 2014/LE 20 JANVIER 2014 adopted in open session of October 28, 2013, granting permission to PR sell advertising, Board and Wall, within local City rinks excluding the Lord Beaverbrook rink and Harbour Station provided this activity takes place at no cost to the City of Saint , by adding the following: 1) The aforesaid permission is to be operative for the period of five years commencing October 28, 2013 with a possibility of one extension for a further five years conditional upon the results of an assessment of the program during the initial five year period: and 2) Further be resolved that the City Manager be authorized: installation of advertising, in collaboration with the PRO Kids staff; and 3) ng and receivables associated with the aforesaid advertising, to the benefit of PRO Kids. 5.5 That as recommended by the City Manager in the submitted report M & C 2014 1: Merchant Agreement Addendum- Chase Paymentech Solutions & American Express Card Agreement: 1) The City of Saint John enter into a Merchant Agreement Addendum: Additional Location/Services with Chase Paymentech Solutions for the processing of payment card transactions at the Growth & Community Development Services Office located in City Hall, a copy of which Agreement was attached to M& C 2004-1 and also enter into an associated AMEX/JCB Card Acceptance Agreement for the same location; and 2) The Mayor and Common Clerk be authorized to execute the necessary documents 5.6 Refer to Item 14.2 5.7 That as recommended by the City Manager in the submitted report Amendment to December 9, 2013 Minutes, Council adopt the following resolution: minutes of the open session Common Council meeting of December 9, 2013, which rd minutes were approved by Common Council at their meeting of the 23 day of December 2013, incorrectly recorded Common decision respecting Item 12.3 of the December 9, 2013 agen& C 2013-273 Proposed Operating Budget WHEREAS Common Council wishes to confirm the resolution which is actually adopted at its meeting of December 9, 2013 respecting the aforesaid Item 12.3; NOW THEREFORE BE IT RESOLVED that the resolution adopted by Common Council at its meeting of December 9, 2013 respecting agenda 12.3 for the meeting, namely - hereby confirmed to read as follows: RESOLVED that as recommended by the City Manager in the submitted report M&C 2013-273: Proposed Operating Budget Water and Sewerage Utility Fund 2014, Common Council adopt the following resolutions: 1. The estimated revenue for the Water and Sewerage Utility for the year 2014 in 2. The estimate of expenses of the Water and Sewerage Utility for the year 2014 in the amount of $39,097,0 Option 2 with fluoride); and 3. The By-Law entitled A By-Law to Amend a By-Law Respecting Water & Sewerage 4. That the City Manager be directed to schedule a meeting in early 2014 to provide interested parties an opportunity to present additional information to Common Council on fluoride treatment. 5 97- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 20, 2014/LE 20 JANVIER 2014 AND FURTHER BE IT RESOLVED that the Common clerk be directed to place a notation in the minutes of the Common Council meeting of December 9, 2013 giving notice of this resolution. 5.8 That the Fluoridation be referred to the Common Clerk to schedule. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.3 Exhibition Park - Request to Present and 5.6 Town of Rothesay - Ad Hoc Committee - Rail Crossing at Kennebecasis Park, which have been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations/Presentations 9. Public Hearings 10. Consideration of By-laws 10.1 Third Reading Business Improvement Levy ByLaw On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the By- Amend By-Law Number BIA-2 Business Improvement Levy By-by applying a levy of 16 cents for each one hundred dollars of assessed value for 2014, be read. Question being taken, the motion was carried. The By--Law Number BIA-2 Business Improvement Levy By- On motion of Councillor Farren Seconded By Councillor McAlary RESOLVED that the By- Amend By-Law Number BIA-2 Business Improvement Levy By-by applying a levy of 16 cents for each one hundred dollars of assessed value for 2014, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by--Law Number BIA-2 Business Improvement Levy By- 11. Submissions by Council Members 11.1 Water Run Off of City Property (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that item 11.1 Water Run Off of City Property (Councillor Farren) be referred to the City Manager for a report. The City Manager commented that he has reviewed the background information on this that he would report back to Council on the matter. 6 97- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 20, 2014/LE 20 JANVIER 2014 Ms. Tompkins added that there is a concern about the ownership of the property being referred to in this motion. Question being taken, the motion was carried. 11.2 Adopt-a-Hydrant (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Merrithew RESOLVED that item 11.2 Adopt-a-Hydrant (Councillor Norton) be referred to the City Manager to consider the concept of Adopt-a- Hydrant program for supporting a safer community and more efficient fire hydrant clearing process, while using www.adoptahydrant.org as a possible model for the City of Saint John. Question being taken, the motion was carried with Councillor McAlary voting nay. 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Unoccupied, Dilapidated and Dangerous Building at 168 Main St On motion of Councillor MacKenzie Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M & C 2014 006: Demolition of Vacant, Unoccupied, Dilapidated and Dangerous Building at 168 Main Street, Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 168 Main Street (PID #378653), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 Exhibition Park - Request to Present On motion of Councillor Lowe Seconded by Councillor McAlary RESOLVED that Council meet with Paul Gilbride of the Exhibition Association and Bill MacMackin to review the possibility of the Field House Operation at Exhibition Park. Question being taken, the motion was carried. 14.2 Town of Rothesay - Ad Hoc Committee - Rail Crossing at Kennebecasis Park On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as requested by the Rothesay Town Council in the submitted letter, Common Council appoint Gerry Lowe to the Ad Hoc Committee regarding Rail Crossing at Kennebecasis Park. Question being taken, the motion was carried. 15. General Correspondence 15.1 New Brunswick Dental Society: Presentation related to Fluoridation of Municipal Water Supplies On motion of Councillor McAlary Seconded by Councillor Farren 7 97- COMMON COUNCIL/CONSEIL COMMUNAL JANUARY 20, 2014/LE 20 JANVIER 2014 RESOLVED that the letter from the New Brunswick Dental Society regarding a presentation related to the fluoridation of municipal water supplies be referred to the Common Clerk for scheduling. The City Manager stated that the intent is to have one meeting with both the proponents and opponents to fluoridation at the same meeting, not as a roundtable discussion but as Council presentations. Question being taken, the motion was carried with Councillor Merrithew voting nay. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Committee of the Whole: Saint John City Market Head Tower Water Damage, Closure, and Capital Renewal On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole Common having met on January 20, 2014, Council approve: 1. That the City terminate the tenancies of Prude Inc., Seniors Citizens Services Inc. and the Human Development Council in the City Market Head Tower, and that the Mayor and Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 17.2 Committee of the Whole: Purchase of Griffin Lands in McAllister Industrial Park (Councillor Fullerton) On motion of Councillor Merrithew Seconded by Councillor Lowe RESOLVED that as recommended by the Committee of the Whole Common having met on January 20, 2014, Common Council direct the Common Clerk to advise Janice and Dennis Griffin that the City is not interested in purchasing their 25 acres of land in the McAllister Industrial park area. Councillor McAlary stated that she cannot support this motion because the Griffins have not submitted a formal letter to the Council agenda with their proposal. Question being taken, the motion was carried with Councillors McAlary, Norton and Strowbridge voting nay. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the Common Council meeting of January 20, 2014 be adjourned. Question being taken, the motion was carried. The Deputy Mayor declared the meeting adjourned at 6:25 p.m. Deputy Mayor / mairesse suppléante Common Clerk / greffier communal 8 9 10 M&C201410 January27,2014 HisWorshipMelNorton AndMembersofCommonCouncil YourWorshipandCouncillors: SUBJECT:ElevatedCarbonMonoxide(CO)LevelsatGormanArenaUpdate BACKGROUND Councilmayrecallanincidentinearly2013inwhichtheCharlesGormanArenawasevacuatedafterapatron complainedofheadachesanddizziness.AportableCOunitatthearenameasuredlevelsashighas67ppm, inexcessoftheThresholdLimitValue(TLV)of25ppm(theaveragesafelevelofexposureforaworkerfor8 hrs/day,40hrsperweek).Theremainingprogrammingatthearenawascancelledforthatevening.With operationssuspendedallentrance/exitandoverheaddoorswereopenedandCOlevelsquicklydroppedto normallevels. ANALYSIS AninternalAccidentInvestigationteamledbyPeterMorgan,theManagerofSafetyandPolicy,began meetingonFebruary19,2013.TheteamconsistedofstafffromHumanResources,SaintJohnFire,Fleet Management,FacilitiesManagementandParks&PublicSpaces. AsaresultontheAccidentInvestigation,anumberofactionswererecommended.Thefollowingisa summaryoftherecommendationsandactionstakentodate: 1.InstallcentralizedCOdetectionsystemsinallCityofSaintJohnArenas. Thesesystemsarenowinstalledutilizingtheexistingammoniadetectioncircuitrywithadualstage alarmandstrobelights.ThefirststagewillinformtherinkattendantofrisingCOlevelsand correctiveactioncanbetaken.ThesecondstagewillalarmthroughtotheSaintJohnFire DepartmentwhentheTLVhasbeenreached.Asystemofregulartesting,maintenance,and calibrationofthisunithasbeendeveloped. 2.DevelopaStandardOperatingProcedure(SOP)aroundmanagementofCOemissionsincluding evacuationandutilizationofSJFDservices. Thishasbeencompletedandimplementedintothe2013ArenaOrientationandRefresherTraining program.AllArenaAttendantshavebeentrainedonthisprocedure. 3.Implementasystem(e.g.Tagsystem)toalertArenaAttendantstothedateoflastcalibrationof theicemachineinuseatthefacility. ThissystemisbeingdevelopedbyFleetServices. 11 ReporttoCommonCouncilPage2of2 CarbonMonoxideIncidentatGormanArena M&C201410 4.FleetServicesshallimplementanicemachinemaintenancelogbooktobekeptwiththeice machineattheassignedarena. ThissystemisbeingdevelopedbyFleetServices. 5.InvestigatecurrentperformanceofemissioncontrolonalledgingequipmentusedinCityofSaint JohnArenas,andenhanceasappropriate. AllpropanepowerediceedgingequipmentwasreplacedwithelectricunitsinNovemberof2013. 6.Replacealliceresurfacingequipmentaccordingtoagingpoliciesandbestpracticesrecommended byFleetServices. TheinvestigationdeterminedtheelevatedCOemissionswerereleasedbyaniceresurfacing machinethathadlongexceededitsrecommendedservicelife.Despiteahistoryofdiligent preventativemaintenance,theemissioncontrolsystemofthisparticularmachinefailedwithout warning,significantlyincreasingthelevelsofcarbonmonoxidereleasedintoanenclosedspace. Twonewpropaneoperatediceresurfacingmachineswerepurchasedinthesummerof2013andare currentlyinuseattheCharlesGormanArenaandHiltonBelyeaArena.Thesenewmachinesare equippedwithcurrentemissioncontroltechnologies. Evenpriortothisincidentthe/z·äx­arenaoperationsfollowedallapplicableoccupationalhealthandsafety legislationandbestpractices.Withtheseadditionalmeasuresinplacethesafetyofourstaffandallarena patronsareenhancedevenfurther.Thisincidentexposedsomeunexpectedvulnerabilitiesanditis­·EEx­ intenttosharetheselessonswithourcolleaguesinotherfacilitiestoreducethechanceofasimilarincident occurring. RECOMMENDATION Itisrecommendedthatthisreportbereceivedandfiled. Respectfullysubmitted, MichaelHugenholtz,P.Eng.RayWalsh,BPEMBA DeputyCommissioner,OperationsManager ParksandPublicSpacesParksandPublicSpaces Wm.Edwards,P.Eng.PatrickWoods,CGA Commissioner,CityManager TransportationandEnvironmentalServices 12 REPORT TO COMMON COUNCIL M & C 2014 007 January 24, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECTProposed Public Hearing Date 362 Charlotte Street West, 1942 : Manawagonish Road, 811 Grandview Avenue/220 Champlain Drive & 229-231 Churchill Boulevard BACKGROUND : , this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Fulton Surveys 362 Charlotte Street - R-2 To permit an (2004) Ltd. West existing two- (for Verla Hayes) family dwelling Daniel Lee 1942 Manawagonish - To permit a new Houghton Road building for a (TerraEX) depot Ronald W. 811 Grandview Avenue/ - - To permit two Larsen 220 Champlain Drive apartments and a rooming house in the existing building Raydor 1988 229-231 Churchill - Sec. 39 To amend or Ltd. Boulevard Amendment delete the condi- tions concerning the operation of facilities with a liquor licence 13 M & C 2014 007 - 2 - January 24, 2014 RECOMMENDATION : That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Fulton Surveys (2004) Ltd. (362 Charlotte Street West), Daniel Lee Houghton (1942 Manawagonish Road), Ronald W. Larsen (811 Grandview Avenue/ 220 Champlain Drive), and Raydor 1988 Ltd. (229-231 Churchill Boulevard) for Monday, March 3, 2014 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jacqueline Hamilton, MCIP, RPP Commissioner Growth and Community Development Services J. Patrick Woods, CGA City Manager 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 January 20, 2014. Hi to Common Council, f of the people of Saint John due to the fact of the Saint John Santa Claus Parade. We used to have M.R.A and Sears Stores, now we have notPascal Emerson and other stores that use to support us. I believe the fight for this. I would love to come before council to discuss this. My name is Kevin Winchester. Mel Norton and Council, before the next Saint John Santa Clause P.S Please think for a possible way. Everyone else in New Bruns Hamilton, Woodstock, Moncton, Norton and Sussex. Thank you, and hope to hear from you. Sorry for my writing, Kevin Winchester 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 January 28, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Update from Police Commission on Policing Costs Background: I am requesting that Council (open session) receive an update this evening from the Police Commission respecting the background of policing costs in Saint John as well as a brief overview of services provided. Motion: That the Saint John Common Council request an update from the Police Commission respecting the background of Policing costs in Saint John and an overview of services provided. Respectfully Submitted, (Received via email) Donna Reardon Councillor - Ward 3 City of Saint John 59 W“Ò©ä r Iz­ ‘š©­wz¦ a䚩 bš©·š“ “7 /šÒ“-zŒ ’;’,;©­ {Ò,†;-·t …¦7·; š“ b;Þ /z·ä IŒŒ L ޚҌ7 ­‰ ·w; /z·ä a“m;© ·š ¦©šÝz7; “ Ò¦7·; ·š /šÒ“-zŒ š“ ·w; ¦©šm©;­­ šE Ez“7z“m  “;Þ Œš-·zš“ Eš© /z·ä IŒŒu aš·zš“t w· ·w; /z·ä a“m;© ,; 7z©;-·;7 ·š ¦©šÝz7; “ Ò¦7·; ·š /šÒ“-zŒ š“ ·w; ¦©šm©;­­ šE Ez“7z“m  “;Þ Œš-·zš“ Eš© /z·ä IŒŒu w;­¦;-·EҌŒä {Ò,’z··;7r ›©;-;zÝ;7 Ýz ;’zŒœ /šÒ“-zŒŒš© a-Y;“éz; 60 61 62 63 64 65 66 67 68 69 70 71 REPORT TO COMMON COUNCIL M & C 2014 009 January 28, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECTZoneSJ Request for Special Council Meeting : BACKGROUND : The Growth & Community Development Service publicly released the draft zoning by-law for the City of Saint John on October 15, 2013. In order to share the significant updates contained in this by-law with the community and solicit feedback on the draft, an extensive public engagement period was undertaken. This public engagement period included four public open houses, multiple industry focused review sessions, working sessions with the Planning Advisory Committee and Common Council, a peer review by an industrial land use expert, and a feedback program to ensure all ZoneSJ submissions, land specific or general, were considered and addressed through a formal response. This detailed review period has also highlighted recommendations for housekeeping amendments to the Future Land Use Map in PlanSJ, to ensure consistency and clear alignment between our Municipal Plan and the zoning by-law. The ZoneSJ team has considered all of the input received during this review period and have revised some of the proposed community development standards in the draft zoning by-law. The ZoneSJ team is now requesting the opportunity to review the results of the public engagement period, and the resulting recommendations for change to the final draft of the zoning by-law and the recommended amendments to the Municipal Plan. This session would also cover the next steps in the ZoneSJ program which include the document being sent for translation on Monday March 3, 2014. 72 M & C 2014 009 - 2 - January 28, 2014 RECOMMENDATION : That Common Council secure Monday February 24, 2014 as a Special Meeting of Council to receive a detailed overview of the ZoneSJ Report on Public Feedback and next steps in the ZoneSJ program. Respectfully submitted, Stacey Forfar, MCIP, RPP Deputy Commissioner, Community Planning & Enrichment Jacqueline Hamilton, MURP, MCIP, RPP Commissioner, Growth & Community Development Services J. Patrick Woods, CGA City Manager SF 73 City Solicitors Office Bureau de l'avocat municipal January 29, 2014 Common Council of The City of Saint John Your Worship and Councillors: Re: Requested Amendment to Section 39 Condition Land fronting on Old Lake Trail Background Common Council at its open session meeting on December 9, 2013, held a public hearing to deal with the request for amendment of a section 39 condition imposed upon the rezoning of land and fronting on the Old Lake Trail. The requested amendment, if granted, would operate to remove the condition prohibiting the construction of semi-detached dwellings and replace it with the condition allowing for the construction of not more than five such dwellings. In the course of the December 9, 2013 public hearing the applicant advised Common Council that the amendment being sought was being changed from a condition restricting the number of semi-detached dwellings to five, to a condition restricting the number of such dwellings to two. Council referred the matter to PAC, s views on the two semi-detached applica issue from a legal perspective in whether a change in the amendment being sought, i.e. from a condition restricting the number of semi-detached dwelling units to five, to one restricting the number of such units to two, triggers the need for a new public notice to be advertised. This correspondence has been prepared in response to that referral. Analysis and Opinion The initial application for amendment to the Common Council imposed section 39 condition prohibiting semi-detached dwelling units was referred to the PAC by Common Council on October 28, 2013. That matter was 74 Common Council 2 January 29, 2014 considered by the PAC at its November 19, 2013 meeting and a November 15, 2013 staff report dealing with the application was submitted Type of AProposal the following language subject properties in order to allow the applicant to construct five semi- considered the staff report and after h representative, three residents speaking in opposition to the request and considering letters submitted, resolved to recommend to Council that the requested amendment be denied. Notice of the public hearing to be held by Common Council on December 9, 2013 was published in a local newspaper as required by the provisions of the Community Planning Act That notice under the heading Reason for C prohibit the construction of semi- applicant advised Common Council at the December 9, 2013 public hearing that the requested amendment was now to replace the condition prohibiting semi-detached dwelling units with one permitting not five but two such units. Common Council referred this change to the PAC for the you for the February 1 and recommendation in this regard, expressing t proposed amendment be denied. Subsection 39(1) of the Act provides as follows: (3)Subject to this section, where a person applies to the council to 39 have an area of land re-zoned to permit the carrying out of a specific proposal, the council may ()by resolution, a (i)set out the proposal, (ii)impose reasonable terms and conditions concerning (A)uses of the land, buildings and structures, (B)site layout and design, including parking areas, landscaping, and entry and exit ways, 75 Common Council 3 January 29, 2014 (C)external design, appearance and spacing of buildings and structures, and (D)other matters that it considers relevant to the situation, (iii)prescribe time limits within which any part of the proposal mentioned in subparagraph (i) or terms and conditions imposed under subparagraph (ii) shall be carried out, and (iv)provide that on the re-zoning thereof the land therein and any building or structure thereon shall not be developed or used except in accordance with the proposal set out, terms and conditions imposed and time limits prescribed pursuant to this paragraph; or ()enter into an agreement with such person, respecting matters that b may be contained in a resolution pursuant to paragraph () and such a additional matters as the parties may agree, to assure that on the re- zoning thereof the land therein and any building or structure thereon shall be developed and used in accordance with the terms of the agreement. Section 39(3) of the Act is also relevant for our present purposes and it states: (3)Where the council varies the resolution or agreement entered into 39 under subsection (1) or enters into a new agreement, the council shall give notice of the variation of the resolution or agreement or of the new agreement in accordance with section 68 which shall apply with the necessary modifications and the variation of the resolution or agreement or the new agreement shall not become effective until a certified copy of it and, if necessary, a certified copy of the by-law amending or replacing the by-law referred to in subsection (2) are filed in the registry office. The requirements of section 68 of the Act relevant to the circumstances at hand are set out here in their entirety: (1)With respect to a by-law under this Act other than a by-law 68 mentioned in paragraph 67(1)(), the council shall a ()by resolution, fix a day and place for the consideration of objections to a the proposed by-law, and ()subject to subsection (7), b (i)if a daily newspaper is circulated in the municipality, publish twice a notice in the form described in subsection (2) of its intention of 76 Common Council 4 January 29, 2014 considering the enacting of the by-law, the first of such notices to be published not less than twenty-one and not more than thirty days before the day fixed pursuant to paragraph (), and the second not less than a four days and not more than seven days before such day, or (ii)if a weekly newspaper is circulated in the municipality, publish twice a notice in the form described in subsection (2) of its intention of considering the enacting of the by-law, the first of such notices to be published not less than twenty-one and not more than thirty days before the day fixed pursuant to paragraph (), and the second not less than a four days and not more than eleven days before such day. (2)A notice under paragraph (1)() 68b ()shall set forth a description of the area affected by the by-law, which a shall where feasible, in the case of a zoning by-law or zoning provisions in a rural plan under subsection 27.2(1), refer to street names and civic numbers; ()shall state a place where and the hours during which the by-law may b be inspected by an interested person, and the time and place set by the council for the consideration of written objections to the by-law; ()shall set forth the person to whom written objections may be sent; and c ()may, in the case of an amendment or repeal, state briefly the reasons d for it or an explanation thereof. (3)Where a notice has been published under paragraph (1)() in 68b respect of a proposed by-law, the council shall ()make suitable provision for inspection of the by-law by the public at a the time and place set out in the notice, and ()before enacting the by-law, hear and consider written objections to it. b (4)Any person who wishes to speak for or against written objections is 68 entitled to be heard at the time and place fixed pursuant to subsection (1) for consideration of such objections. (5)Where, subsequent to the publishing of a notice under paragraph 68 (1)(), the council substantially amends the proposed by-law, the b provisions of this section apply to the amendment. mutatis mutandis The purpose of the aforesaid provisions is clearly twofold: first to give notice to those potentially affected by a proposed by-law that Common Council is intending to consider it , and secondly to give notice of the 77 Common Council 5 January 29, 2014 opportunity to make representation to Common Council in that regard prior enact the proposed by-law. Section 68 operates to create a scheme whereby each time a municipal council intends to consider adopting a by-law (including a by-law amending a by-law) which deals with land use regulation, public notice must be provided in advance of that consideration. Although a section 39 term or condition imposed by resolution of council or by agreement is obviously not a by-law, the legislature has expressly stated its intention that s considering a change to such a term or condition associated with a zoning by-law amendment: section 39(3) stipulates that the provision of section term or condition imposed by section 39 resolution or agreement. The public notice requirements were undoubtedly met in my view with December 9, 2013 meetin that meeting requires consideration of the application of 68(5) of the Act set out earlier in this correspondence. That provision requires publication of a new notice if e proposed by-law, or by necessary modification, the proposed change to a term or condition under section 39. The term used in section 68(5) is not defined in the Act and the meaning or application of section 68(5) has not been judicially considered in any reported decision. In fact, a search of the LexisNexis data base of Canadian statutes reveals that the term does not appear in any other statute or regulation in Canada. The appropriate approach to the interpretation of this provision engages the so-called modern approach to statutory interpretation which was early Rizzo & Rizzo Shoes Ltd. expressed by the Supreme Court of Canada in (RE) [1998] S.J.C. No. 2 in the following language: entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the 78 Common Council 6 January 29, 2014 This approach has been adopted repeatedly by the Supreme Court of Amaratunga v. Canada as recently for example as in the 2013 decision of Northwest Atlantic Fisheries Organization [2013] S.C.J. No. 66 . and understood in light of the intention of the legislature respecting notice requirements, which intention is described earlier herein, and also the purpose to be served by establishing such requirements, which purpose has also been previously identified in this correspondence. Such an approach leads, in my view, to the conclusion th must be understood as referring to an amendment which could reasonably be seen as altering the pool or scope of persons potentially affected by the proposed change advertised, i.e. a different or larger group of persons. In the case at hand there is nothing on the face of the change nor in the matter, that would suggest a larger or different group would be potentially affected by the change. In other words, there is no evidence to suggest that a person might not have objected to the change of condition allowing for the construction of up to five semi-detached dwelling units, but would on the other hand have objected to a change of condition allowing for the construction of just two semi-detached dwelling units. As a result, it is my view that the notice requirements of section 68 of the Act have been satisfied in this case and that no further notice is required to be published in order for Council to dispose of conditions so as to restrict construction to two semi-detached dwelling units. Respectfully Submitted, John L. Nugent City Solicitor 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134