2019-07-08_Agenda Packet--Dossier de l'ordre du jourHr
City of Saint John
Common Council Meeting
AGENDA
Monday, July 8, 2019
6:00 pm
8th Floor Common Council Chamber (Ludlow Room), City Hall
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of June 17, 2019 5-23
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Fundy Regional Service Commission - Audited Financial Statements for the 24-61
Year Ended 31 December 2018 (Recommendation: Receive for Information)
5.2 Saint John Board of Police Commissioners - 2018 Operating Budget - 62-69
December Year End (Unaudited) Financial Results (Recommendation: Receive
for Information)
5.3 M.E. Carpenter Letter: Safe Pedestrian Access (Recommendation: Receive for 70-70
Information)
5.4 M.E. Carpenter Letter: Saint John Transit Evaluation (Recommendation: 71-71
Receive for Information)
5.5 Proposal for Cured -in -Place Point Repair Liners (Recommendation in Report) 72-74
5.6 Online Payment Solution (Recommendation: Receive for Information) 75-76
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5.7 Succeed and Stay Project - Research (Recommendation in Report)
77-85
5.8 Licence Agreement for Moonlight Bazaar on City Property (Recommendation in
86-93
Report)
5.9 Sale of Portion of Land at Mispec Beach to the Province (Recommendation in
94-102
Report)
5.10 Naval Memorial - Harbour Passage - Licence Agreement with United Services
103-118
Institute of New Brunswick ("RUSI") (Recommendation in Report)
6.
Members Comments
7.
Proclamation
7.1 Hepatitis Awareness Day -July 28, 2019
119-119
8.
Delegations / Presentations
9.
Public Hearings - 6:30 p.m.
9.1 Proposed Zoning Bylaw Amendment - 0 Heather Way with Planning Advisory
120-172
Committee report recommending Rezoning / Staff Presentation
9.1.1 Zoning Bylaw Amendment (1st and 2nd Reading)
173-186
9.2 Proposed Zoning Bylaw Amendment - 646-648 Westmorland Road with
187-225
Planning Advisory Committee report recommending Rezoning / Staff
Presentation
9.2.1 Zoning Bylaw Amendment (1st and 2nd Reading)
226-233
10.
Consideration of By-laws
10.1 ByLaw respecting Code of Conduct for Elected Members of The City of Saint
234-249
John (3rd Reading)
10.2 Public Presentation - Proposed Municipal Plan Amendment re: Policies related
250-307
to Green Energy Development
11.
Submissions by Council Members
12.
Business Matters - Municipal Officers
12.1 General Fund Debt Management Policy FAS -006
308-337
12.2 2019-2020 Arena Rental Fees and Ice Allocation Policy
338-379
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12.3 South Bay Wellfield Performance
380-425
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 Ticket Purchase Request - New Brunswick Afrofest
426-427
16.
Supplemental Agenda
17.
Committee of the Whole
17.1 Motion on Sustainability Report
428-428
17.2 Recommended Appointments to Committees
429-430
17.3 South Bay Wellfield Resolution
431
-431
17.4 Pension Plan Analysis Project
432-432
18.
Adjournment
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City of Saint John
Common Council Meeting
Monday, July 8, 2019
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais pour une r6union 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 68(1) of the Local Governance Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:00 p.m., 8" Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Legal Matter 68(1)(f)
1.3 Financial Matter 68(1)(c,j)
1.4 Employment Matter 68(1)(b,g,j)
1.5 Financial Matter 68(1)(c)
1.6 Nominating Committee 68(1)(b)
1.7 Financial Matter 68(1)(c)
1.8 Financial Matter 68(1)(c)
Ville de Saint John
Seance du conseil communal
Lundi 8 juillet 2019
18h
Salle du conseil communal (salle Ludlow), an 8e etage de 1'h6tel de ville
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h, Salle de conf6rence, 8e kage, h6tel de ville
1.1 Approbation duproces-verbal 68(1)
1.2 Question juridique 68(1)(f)
1.3 Question financiere 68(1)(c,j)
1.4 Question relative a 1'emploi 68(l)(b,gj)
1.5 Question financiere 68(1)(c)
1.6 Comite des mises en candidature 68(1)(b)
1.7 Question financiere 68(1)(c)
1.8 Question financiere 68(1)(c)
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proces-verbal de la reunion du 17 juin 2019
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 1'approbation du conseil
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5.1 Commission des services r&gionaux de Fundy — Etats financiers audit&s
pour l' ann&e termin&e le 31 d&cembre 2018 (Recommandation : reception
a titre d'information)
5.2 Bureau des commissaires de la Police de Saint John — Budget de
fonctionnement de 2018 — R&sultats financiers de 1' exercice se terminant
en decembre (non audit&) (Recommandation : reception a titre
d'information)
5.3 M.E. Carpenter: Acc&s s&curitaire des pi&tons (Recommandation
reception a titre d'information)
5.4 M.E. Carpenter: Evaluation du transport public de Saint John
(Recommandation : reception a titre d'information)
5.5 Proposition pour le chemisage (Recommandation dans le rapport)
5.6 Solution de paiement en ligne (Recommandation : r&ception a titre
d'information)
5.7 Projet « Succeed and Stay » — Recherche (Recommandation dans le
rapport)
5.8 Contrat de licence pour le Moonlight Bazaar sur une propri&t& municipale
(Recommandation dans le rapport)
5.9 Vente d'une partie du terrain de Mispec Beach a la province
(Recommandation dans le rapport)
5.10 Monument comm&moratif de la Marine —passage du port — Contrat de
licence avec le United Services Institute of New Brunswick (« RUSI »)
(Recommandation dans le rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Journ&e de la sensibilisation a 1'h6patite — 28 juillet 2019
8. D616gations et pr6sentations
9. Audiences publiques — 18 h 30
9.1 Modification propos&e au reglement de zonage — O Heather Way avec le
rapport du Comit& consultatif de la planification recommandant une
modification de zonage / une pr&sentation faite par le personnel
9.1.1 Modification au reglement de zonage (1" et 2e lectures)
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9.2 Modification proposee au reglement de zonage — -648-648,
chemin Westmorland avec le rapport du Comite consultatif de la
planification recommandant une modification de zonage / une presentation
faite par le personnel
9.2.1 Modification au reglement de zonage (lTe et 2e lectures)
10. Etude des arret6s municipaux
10.1 Reglement respectant le Code de conduite des membres elus de la Ville de
Saint John (3e lecture)
10.2 Presentation publique — Modification proposee au plan municipal
politiques lilies au d6veloppement de 1' 6nergie verte
11. Interventions des membres du conseil
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 General Fund Debt Management Police FAS -006
12.2 Arena Rental Fees and Ice Allocation Policy 2019-2020
12.3 Rendement des champs de captage de South Bay (le rapport sera publie le
8 juillet)
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau
15. Correspondance g6n6rale
15.1 Demande d'achat de billets — Festival africain du Nouveau -Brunswick
16. Ordre du jour suppl6mentaire
17. Comit6 pl6nier
17.1 Rapport de viabilite de la ville de Saint John
18. Lev6e de la s6ance
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
JUNE 17, 2019 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Donna Reardon
Councillor Ward 3 David Hickey
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Fire Chief K. Clifford
Police Chief B. Connell
Commissioner Growth and Community Development J. Hamilton
Commissioner of Finance and Treasurer K. Fudge
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner of Saint John Water B. McGovern
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
1. Call to Order
2. Approval of Minutes
2.1 Minutes of June 3, 2019
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the minutes of the meeting of Common Council held on June 3, 2019, be
approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the agenda of this meeting be approved with the addition of items:
17.1. Canada Games Aquatic Centre Interim Financing Request
17.2 Intergovernmental Affairs and Strategic Communications Position
17.3 Cherry Brook Zoo
17.4 Sea Street Estates Subdivision Lawsuit, and to move ahead on the agenda item:
12.5 Ice Strategy Plan B Implementation.
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4. Disclosures of Conflict of Interest
S. Consent Agenda
5.1 Refer to Item 14.1
5.2 Refer to Item 14.2
5.3 Refer to Item 14.3
5.4 That as recommended by the City Manager in the submitted report M&C 2019-
142: Tenders for Sodium Hypochlorite NaOCI — 2019-681003T, the tender for the
establishment of a supply agreement for 12% Sodium Hypochlorite chemical used to
treat the City's potable water supply be awarded to the lowest bidder, Lavo Inc.
5.5 That the submitted report M&C 2019-147: 2019 Lifeguard Service Agreement
Extension Options, be received for information.
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June 17, 2019 / le 17 juin 2019
5.6 That as recommended by the City Manager in the submitted report M&C 2019-
152: Contract No. 2019-16 Asphalt Resurfacing 2019 - Program Adjustment, Common
Council approve an increase to the Contract award amount to Galbraith Construction
Ltd. for Contract 2019-16: Asphalt Resurfacing 2019 from $5,886,959.54 to
$7,034,967.17.
5.7 That as recommended by the City Manager in the submitted report M&C2019-
144: Street Name Change, Common Council amend the list of Official Street Names and
approve the following changes:
1. Remove the name "rue Reserve Street"; and
2. Add the name "voie G. Arrowsmith Way".
5.8 That as recommended by the City Manager in the submitted report M&C 2019-
141: Proposed Public Hearing Date —149 Broad Street, 81 Bayside Drive and rescheduled
hearing for 49 Noel Drive, Common Council schedule the public hearing for the rezoning
applications of Jeremy Wayte (Lang Lee) (149 Broad Street), City of Saint John (Everett
Erb) (81 Bayside Drive) for Monday July 29, 2019 at 6:30 p.m. in the Ludlow Room, and
refer the applications to the Planning Advisory Committee for a report and
recommendation; and,
That Common Council reschedule the public hearing for the Section 59 amendment for
Village View Suites (Steve Brittain) (49 Noel Drive) for Monday, July 29, 2019 at 6:30
p.m. in the Ludlow Room and in acknowledgement of the error, refund to the applicant
the full Section 59 amendment application fee in the amount of $2,500.
5.9 That as recommended by the City Manager in the submitted report M&C 2018-
209: Agreement with NB Power for Back-up Fire Protection Services at the Point Lepreau
Generating Station, Common Council authorize the Mayor and Common Clerk to
execute the submitted agreement with NB Power for the purpose of adding an extra six
months to the recently expired agreement to provide back-up fire protection services at
the Point LePreau Generating Station.
5.10 That as recommended by the City Manager in the submitted report M&C 2019-
149: Cleanup of Unsightly Properties at Various Locations, 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 cleanup of the following unsightly properties:
1. 17 Delhi Street, PID# 00014597;
2. 19 Delhi Street, PID# 00014589;
3. 21 Delhi Street, PID# 00014571;
4. 59 Morrison Road, PID# 00327932;
5. 105 Winslow Street, PID# 00363473;
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
6. 665 Loch Lomond Road, PID# 55102917; and
7. 669 Loch Lomond Road, PID# 55102925.
5.11 That as recommended by the City Manager in the submitted report M&C 2019-
155: Green Municipal Project Loan and Grant Agreement — Canada Games Aquatic
Center Energy Efficiency Retrofit, Common Council approve the following:
That the New Brunswick Municipal Finance Corporation issue a debenture to the City of
Saint John in the amount of $1,428,000 for a ten year term.
5.12 That as recommended by the City Manager in the submitted report M&C 2019-
153: Summer Arena Bulk Rental License Amendment #3, Common Council authorize the
Mayor and Common Clerk to execute the License Amendment #3 between the City of
Saint John and 707990 N.B. Inc. as attached to M&C 2019-153.
5.13 That as recommended by the City Manager in the submitted report M&C 2019-
32: RFP City of Saint John Benefit Administration, the City remain with the current
carriers for employee benefits: Manulife Financial for Extended Health and Dental,
Managed Health Care Services Inc. for Prescription Drugs and A.I.G. for Travel Insurance
and Accidental Death and Dismemberment Insurance; and that the Mayor and Common
Clerk be authorized to execute contracts with Manulife Financial, Managed Health Care
Services Inc., Blue Cross and AIG in the form submitted.
5.14 That as recommended by the City Manager in the submitted report M&C 2019-
148: Mobile Device Governance Policy Statement, Common Council approve the Mobile
Device Governance Policy Statement, which is incorporated in the draft of the full
Mobile Device Governance Policy.
5.15 Refer to Item 14.4.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted with the exception of Items 5.1, 5.2, 5.3, and 5.15 which have been
identified for debate.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
Council members commented on various community events.
7. Proclamations
8. Delegations/Presentations
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
8.1 Train Whistles at Douglas Avenue and Bentley Street Crossings
Mr. P. Brown, President -Saint John County Condominium Corporation # 16, advised
Council that the use of train whistles at the Douglas Avenue and Bentley Street crossings
is very disruptive to the residents' quality of life.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the issue of train whistles at the Douglas Avenue, Bentley Street
crossings be referred to the City Manager.
MOTION CARRIED.
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that the report on Train Whistles at Douglas Avenue and Bentley Street be
received for information.
MOTION CARRIED.
9. Public Hearings 6:30 PM
10. Consideration of By-laws
10.1 Council Code of Conduct Bylaw LG -5 (111 and 2nd Reading)
Responding to a question, the Clerk advised that the administration of the bylaw
provides some remedial actions for contravention.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number LG- 5, A By -Law respecting the
Code of Conduct for Elected Members of The City of Saint John", be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number LG -5, A By -Law
respecting the Code of Conduct for Elected Members of The City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number LG- 5, A By -Law respecting the
Code of Conduct for Elected Members of The City of Saint John", be read a second time.
MOTION CARRIED.
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
Read a second time by title, the by-law entitled, "By -Law Number LG -5, A By -Law
respecting the Code of Conduct for Elected Members of The City of Saint John."
10.2 Municipal Plan Amendment, Zoning Bylaw Amendment with Section 59
Conditions -40, 85-89 and 310 Retail Drive Ord Reading)
Moved by Councillor Merrithew, seconded by Councillor Strowbridge:
RESOLVED that the by-law entitled, "By -Law Number C.P. 106-18 A Law to Amend the
Municipal Plan By -Law" amending Subsection 2.3.2 of the Municipal Plan relating to
Employment Areas within the City Structure; and amending Policy LU -61 and adding a
new Policy LU -61.1, with respect to residential and mixed-use development within
Regional Retail Centres, be read.
MOTION CARRIED.
In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By -
Law Number C.P. 106-18 A Law to Amend the Municipal Plan By -Law" instead of being
read in its entirety was read in summary as follows:
"The Municipal Plan By -Law of The City of Saint John enacted on the 30th day of January,
A.D., 2012 is amended by:
a) amending Subsection 2.3.2 of the Municipal Plan relating to Employment
Areas within the City Structure;
b) amending Policy LU -61 and adding a new Policy LU -61.1, with respect to
residential and mixed-use development within Regional Retail Centres."
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number C.P. 106-18 A Law to Amend the
Municipal Plan By -Law" amending Subsection 2.3.2 of the Municipal Plan relating to
Employment Areas within the City Structure; and amending Policy LU -61 and adding a
new Policy LU -61.1, with respect to residential and mixed-use development within
Regional Retail Centres, be read a third time, enacted, and the Corporate Common Seal
affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 106-18 A Law to
Amend the Municipal Plan By -Law."
(Councillor Sullivan withdrew from the meeting)
Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-74 A Law to Amend the
Zoning By -Law of The City of Saint John", be amended by adding "Regional Commercial
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Residential Zone (CR -R)" to Section 2.2; adding "Regional Commercial Residential Zone
(CR -R)" as Section 11.12; adding 11.12(1) Permitted Uses; adding 11.12(2) Conditional
Uses; adding 11.12(3) Conditions of Use; adding 11.12(4) Zone Standards; amending
Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land
having an area of approximately 3.99 hectares, located at 310 Retail Drive, also
identified as being PID Number 55230544, from Regional Commercial (CR) to Regional
Commercial Residential (CR -R); amending Schedule "A", the Zoning Map of The City of
Saint John, by re -zoning a parcel of land having an area of approximately 0.36 hectares,
located at 40 Retail Drive, also identified as being PID Number 55196166, from Regional
Commercial (CR) to Regional Commercial Residential (CR -R); amending Schedule "A",
the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of
approximately 0.26 hectares, located at 85-89 Retail Drive, also identified as being PID
Number 55122212, from Mini -Home Park Residential (RP) to Regional Commercial
Residential (CR -R), be read.
IL [0000114L1:k]k]11191
(Councillor Sullivan re-entered the meeting)
In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By -
Law Number C.P. 111-74 A Law to Amend the Zoning By -Law of The City of Saint John"
instead of being read in its entirety was read in summary as follows:
"The Zoning By -Law of The City of Saint John enacted on the fifteenth day of December,
A.D., 2014 is amended by:
• Adding "Regional Commercial Residential Zone (CR -R)" to Section 2.2
• Adding "Regional Commercial Residential Zone (CR -R)" as Section 11.12
• Adding 11.12(1) Permitted Uses
• Adding 11.12(2) Conditional Uses
• Adding 11.12(3) Conditions of Use
• Adding 11.12(4) Zone Standards
• Rezoning a parcel of land having an area of approximately 3.99 hectares, located
at 310 Retail Drive, also identified as PID No. 55230544, from Regional
Commercial (CR) to a new zone that would permit residential land uses in
addition to those uses currently permitted in the Regional Commercial (CR) zone.
• Rezoning a parcel of land having an area of approximately 0.36 hectares, located
at 40 Retail Drive, also identified as PID No. 55196166, from Regional
Commercial (CR) to a new zone that would permit residential land uses in
addition to those uses currently permitted in the Regional Commercial (CR) zone.
• Rezoning a parcel of land having an area of approximately 0.26 hectares, located
at 85-89 Retail Drive, also identified as PID No. 55122212, from Mini -Home Park
VA
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
Residential (RP) to a new zone that would permit residential land uses in
addition to those uses currently permitted in the Regional Commercial (CR) zone.
• Amending Section 11 by adding the Regional Commercial Residential (CR -R) zone
to Table 11.1."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that Common Council authorize the Mayor and Common Clerk to execute an
amending agreement pursuant to the provisions of Section 59 of the Community
Planning Act (SNB 2017, c.19), which would amend the agreement dated the 16th day of
September 2006 between East Point Inc. as developer, and the City of Saint John,
respecting portions of the property identified in the said agreement and which
agreement was made pursuant to the provisions of Section 39 of the Community
Planning Act in effect at that time (RSNB 1973 as amended);
AND FURTHER BE IT RESOLVED that Common Council hereby imposes pursuant to the
provisions of Section 59 of the Community Planning Act the following conditions upon
the use of a portion of the Property identified in said agreement having an area of 13.15
hectares, located at 11, 15 and 41 Fashion Drive, 11,10,36,40 and 44 East Point Way and
40 Retail Drive, 85-89 Retail Drive and 310 Retail Drive, also identified as PIDs 55186001,
55195317, 55230445, 55230544, 55122212 and 55196166:
a) namely that its use be restricted a development of a shopping centre which may
incorporate residential development subject to the provisions of the Regional
Commercial Residential (CR -R) zone, with the total of floor area of development in this
area limited to 58,064 square metres (625,000 square feet) which may include up to 200
dwelling units on PID numbers 55230544, 55196166 and 55122212;
b) Any improvements or signalization to existing driveways along Retail Drive be
supported by a traffic impact study completed by the developer and approved by the
City with the improvements completed at the developer's expense.
c) Any additional driveway access to Westmorland Road is prohibited.
d) For the proposed development site involving 200 residential units, the developer's
engineering consultant provided a theoretical peak domestic sewage flow rate for the
proposed development. Where necessary the City calculated the theoretical peak
domestic sewage flow rates for all properties on the contributing East Point
development site. Using the provided and calculated theoretical flow rates it indicates a
potential capacity constraint downstream from the proposed development on Retail
Drive, within a section of approximately 45 m of existing 200 mm sanitary sewer main,
infrastructure that was previously installed by the developer. In order to determine if
there is a capacity constraint, the developer may, prior to undertaking any downstream
improvements, perform flow monitoring (wet & dry weather monitoring) on the
wastewater system, under the direction of the City, to determine actual measurements
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
in the system and confirm capacity. Upon review of the submitted flow monitoring
results, should the City confirm sufficient capacity exists, the identified downstream
infrastructure upgrade will not be required by the developer. Should the flow
monitoring determine there is a capacity constraint as the City's initial review indicated,
the developer shall be required, at the developer's expense to undertake the
engineering review to determine the nature of the constraint and provide the analysis
to the City for review. Should system improvements be required, the full design and
construction of these improvements shall be subject to the approval by the City and
shall be the full cost responsibility of the developer. If any of the required work and
infrastructure improvements can be phased to accommodate the proposed
development, this will be supported by the City.
IL [0000114L1:k]k]11191
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-74 A Law to Amend the
Zoning By -Law of The City of Saint John", be amended by adding "Regional Commercial
Residential Zone (CR -R)" to Section 2.2; adding "Regional Commercial Residential Zone
(CR -R)" as Section 11.12; adding 11.12(1) Permitted Uses; adding 11.12(2) Conditional
Uses; adding 11.12(3) Conditions of Use; adding 11.12(4) Zone Standards; amending
Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land
having an area of approximately 3.99 hectares, located at 310 Retail Drive, also
identified as being PID Number 55230544, from Regional Commercial (CR) to Regional
Commercial Residential (CR -R); amending Schedule "A", the Zoning Map of The City of
Saint John, by re -zoning a parcel of land having an area of approximately 0.36 hectares,
located at 40 Retail Drive, also identified as being PID Number 55196166, from Regional
Commercial (CR) to Regional Commercial Residential (CR -R); amending Schedule "A",
the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of
approximately 0.26 hectares, located at 85-89 Retail Drive, also identified as being PID
Number 55122212, from Mini -Home Park Residential (RP) to Regional Commercial
Residential (CR -R), be read a third time, enacted, and the corporate Common Seal
affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-74 A Law to
Amend the Zoning By -Law of The City of Saint John.
10.3 Municipal Plan Amendment, Zoning ByLaw Amendment with Section 59
Conditions and Supplementary Report —1007-1019 Millidge Avenue (3rd
Readingl
Moved by Councillor MacKenzie, seconded by Councillor Merrithew:
RESOLVED that the staff report entitled M&C 2019-1461007-1009 Millidge Avenue -
01
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
Supplementary Report be received for information.
MOTION CARRIED.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 106-19 A Law to Amend the
Municipal Plan By -Law", amending Schedule A — City Structure, by redesignating a parcel
of land with an area of approximately 7242 square metres, located at 1007-1019
Millidge Avenue, also identified as PID Numbers 00048397 and 00048389, from Stable
Area and Park and Natural Area to Employment Area classification; and amending
Schedule B — Future Land Use, by redesignating the same parcel of land from Stable
Residential and Park and Natural Area to Stable Commercial classification, be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 106-19 A Law to Amend the Municipal Plan
By -Law", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 106-19 A Law to Amend the
Municipal Plan By -Law", amending Schedule A — City Structure, by redesignating a parcel
of land with an area of approximately 7242 square metres, located at 1007-1019
Millidge Avenue, also identified as PID Numbers 00048397 and 00048389, from Stable
Area and Park and Natural Area to Employment Area classification; and amending
Schedule B — Future Land Use, by redesignating the same parcel of land from Stable
Residential and Park and Natural Area to Stable Commercial classification, be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 106-19 A Law to
Amend the Municipal Plan By -Law."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-75 A Law to Amend the
Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 7242
square metres, located at 1007-1019 Millidge Avenue, also identified as PID Numbers
00048389 & 00048397 from Two—unit Residential (R2) to Corridor Commercial (CC), be
read.
MOTION CARRIED.
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
The by-law entitled, "By -Law Number C.P. 111-75 A Law to Amend the Zoning By -Law of
The City of Saint John", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that Common Council hereby imposes pursuant to the provisions of Section
59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the
development and use of the parcel of land having an area of approximately 7242 square
metres, located at 1007-1019 Millidge Avenue, also identified as PID Numbers
00048397, and 00048389, and that the subject lands be restricted to the following
purposes identified in the Corridor Commercial (CC) Zone of the City's Zoning By-law:
a. That the use of the lot be limited to the following uses as defined by the Zoning By-
law:
• Recreational Vehicle Sales and Service, Large;
• Recreational Vehicle Sales and Service, Small;
• Service and Repair, Household;
• The existing use described in Schedule E: Exceptions, of each lot respectively,
identified therein as being located in the CC zone.
That Common Council pursuant to the provisions of Section 59 of the Community
Planning Act (SNB 2017, c. 19), hereby imposes the following conditions upon the
Property having an area of 7242 square metres, located at 1007-1019 Millidge Avenue,
also identified as PID Numbers 00048397, and 00048389, the following conditions upon
the development and use of the land:
a. A treed landscaped buffer be provided along the south east and south west
property lines (adjacent to PIDs 00048371 and 55153043), in accordance with a
landscaping plan, subject to the approval of the Development Officer prior to the
issuance of a Building Permit. Trees provided in the buffer are to be at least a
minimum height of 2.0 metres at the time of planting and be maintained for the
life of the development.
b. (i) The plans submitted with the required building permit application shall
illustrate that all electrical panels shall be installed and all dangerous or
hazardous chemicals shall be stored at least 2.0 metres above the floor of the
proposed building;
(ii) Once installed, each electrical panel shall be maintained at a location which is
at least 2.0 metres above the floor of the building in which it is located; and
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
(iii) All hazardous or dangerous chemicals shall be stored at all times at one or
more locations which are a minimum of 2.0 metres above the floor of the
building in which they are stored.
IL [0000114L1:k]k]11191
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-75 A Law to Amend the
Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 7242
square metres, located at 1007-1019 Millidge Avenue, also identified as PID Number
00048389 & 00048397 from Two—unit Residential (R2) to Corridor Commercial (CC), be
read a third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-75 A Law to
Amend the Zoning By -Law of The City of Saint John."
10.4 Zoning ByLaw Amendment with Section 59 Conditions — 1003 Latimore Lake
Road Ord Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-76 A Law to Amend the
Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of
The City of Saint John, by re -zoning a parcel of land having an area of approximately 13
hectares, located at 1003 Latimore Lake Road, also identified as being portions of PID
Numbers 00033124 and 00333757, from Rural (RU) to Pits & Quarries (PQ), be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 111-76 A Law to Amend the Zoning By -Law of
The City of Saint John", was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that, pursuant to the provisions of Section 59 of the Community Planning Act,
the use of the parcel of land with an area of 13 hectares, located at 1003 Latimore Lake
Road, also identified as a portion of PID Number 00331124 and a portion of PID Number
00333757, be subject to the following conditions:
a. Site development not be undertaken except in accordance with a detailed site
plan, which includes a phasing plan and method of excavation.
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
b. All access to the site be limited to the existing driveway access located at 1003
Latimore Lake Road (PID No. 00329409). No access to the site is to be permitted
through Pipeline Road East or at any other location.
c. In addition to a 30 metre treed buffer separating the subject property from
municipally -owned land to the north, a berm be constructed to provide further
separation from the municipal water transmission main.
MOTION CARRIED.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-76 A Law to Amend the
Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of
The City of Saint John, by re -zoning a parcel of land having an area of approximately 13
hectares, located at 1003 Latimore Lake Road, also identified as being portions of PID
Numbers 00033124 and 00333757, from Rural (RU) to Pits & Quarries (PQ), be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-76 A Law to
Amend the Zoning By -Law of The City of Saint John".
11. Submissions by Council Members
12. Business Matters- Municipal Officers
12.1 Continuous Improvement Initiative Updates (verbal
S. Rackley -Roach, Director Continuous Improvement introduced the newest initiatives.
City Staff Drinking Water Initiative — N. Jacobsen Deputy City Manager - City staff have
adopted a new reliance on drinking city water not bottled water, while adhering to
Occupational Health and Safety guidelines. There will be water filling stations available.
Passports to Parks 4 parks in 4 days — L. Caissie Communications - Since the program's
2012 inception, the program events featuring music, entertainment, BBQs, active
games, and adventures will continue this year:
• Rockwood Park - June 29
• Station One Skate Park -July 1
• Little River Reservoir - July 13
• Dominion Park Beach - July 20
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
Enhancements to One Stop Shop — Commissioner J. Hamilton — Presented the
enhancements to the program including Rapid Labs Solutions, and Seamless Engineering
Approvals.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that Common Council Continuous Improvement Initiative Updates (verbal) be
received for information.
IL [0000114L1:k]k]11191
12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 22 McLaughlin
Road (PID 333930)
Referring to the submitted report entitled Demolition of Vacant, Dilapidated and
Dangerous Building at 22 McLaughlin Road (PID 333930) C. Lowe provided a visual
presentation of the building conditions.
The Mayor read the cautionary statement as follows:
"The information which has been provided in the Council Kit includes the report of the
Building Inspector stating that the building located at 22 McLaughlin Road (PID 333930)
is a hazard to the safety of the public by virtue of its being, amongst other things,
dilapidated or structurally unsound. Is there present an owner, including anyone
holding any encumbrance upon this property, who wishes to present evidence to the
contrary, i.e. that the building is structurally sound and not dilapidated?"
No one came forward to present evidence.
Moved by Councillor Hickey, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report entitled
M&C 2019-150: Demolition of Vacant, Dilapidated and Dangerous Building at 22
McLaughlin Road (PID 333930), Common Council approve the following:
RESOLVED that the building located at 22 McLaughlin Road, PID# 333930, is to be
demolished as it has become a hazard to the safety of the public by reason of
dilapidation; and
BE IT FURTHER RESOLVED that the building is to be demolished as it has become a
hazard to the safety of the public by reason of unsoundness of structural strength; and
BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and
designated under the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law are hereby authorized to arrange for the demolition, in accordance
with the applicable City purchasing policies.
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
MOTION CARRIED.
12.3 Central Peninsula Plan and Associated Capital Proiects Update
Referring to the submitted report, entitled M&C 2019-154: Central Peninsula Plan and
Associated Capital Projects Update, J. Brown provided a review of the plan highlights.
Moved by Councillor Reardon, seconded by Councillor Hickey:
RESOLVED that as recommended by the City Manager in the submitted report entitled
M&C2019-154: Central Peninsula Plan and Associated Capital Projects Update, Common
Council:
1. Receive and file the submitted report and project update for the Central Peninsula
Plan; and,
2. Approve the allocation of the $500,000 Neighborhood Plan Capital Fund as outlined
in the report.
MOTION CARRIED.
12.4 City of Saint John Climate Change Adaptation Plan Presentation
Referring to the submitted report entitled City of Saint John Climate Change Adaptation
Plan Presentation Executive, Director ACAP Saint John Graeme Stewart -Robertson and
Asset Manager S. Yammine commented that adaptation plans for three urban
neighbourhoods and the city as a whole are being developed. Other municipal climate
analyses undertaken were presented. Education and community engagement events
were described. A final plan is intended for submission to Council in March 2020.
Moved by Councillor Norton, seconded by Councillor Hickey:
RESOLVED that the submitted report entitled M&C 2019-143: City of Saint John Climate
Change Adaptation Plan Presentation, be received for information.
MOTION CARRIED.
12.5 Ice Strategy Plan B Implementation
Referring to the submitted report entitled Ice Strategy Plan B Implementation Deputy
Commissioner T. O'Reilly provided the options, stating that Option 2 Recreation Card
and Non -Resident User Fees Implementation is being recommended.
Responding to questions the Deputy Commissioner stated that:
• the City of Saint John taxpayers subsidize non-resident users $375,000 in
operating costs annually to use the City's rinks;
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
• the City examined the measures introduced by the City of Fredericton, Town of
Sussex, Nanaimo and other municipalities for cost recovery for the use of the
rink facilities by non-resident users;
• the timeline for implementation for the 2019-2020 recreation season and
enforcement methods;
• arena sustainability measures;
• Play SJ promotes a regional approach to arenas.
Councillor Merrithew raised a point of order to the Chair to keep the speakers
comments to 3 minutes in accordance with the Procedural Bylaw.
Moved by Councillor Merrithew, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report entitled
M&C2019-151: Ice Strategy Plan B Implementation, Common Council:
1) Support any potential future motions brought before the Regional Service
Commission that seek consensus on a new Regional Arena Funding Formula that
would respect the intent behind the following principles:
a) The applicable cumulative operating cost deficit of all regional arenas shall be
redistributed among taxpayers of the respective municipalities and LSDs based
on proportion of usage in the respective jurisdictions;
b) Operating cost deficits determined not to be applicable shall not be included in
the funding formula and shall remain the responsibility of the host municipality;
and,
c) Following commitment to the above-mentioned principles, the established
Working Group identifies, using external consulting services if necessary, the
applicable operating cost deficits and usage data that would be subsequently
recommended to the Commission to be included in the Funding Formula.
2) Endorse the "Recreation Card & Non -Resident User Fee" Plan B option and approve
a Non -Resident User Fee of $200.00 + HST for the year 2019-2020 and $350.00 +
HST for the 2020-2021 as presented in M&C 2019 —151.
MOTION CARRIED with Deputy Mayor McAlary and Councillors MacKenzie and
Armstrong voting nay.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
14.1 Hockey New Brunswick - Request to Present to Council
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
16
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
RESOLVED that that request to present to Council from Chris Green, Chair ROC4/HNB be
received for information.
MOTION CARRIED.
14.2 C. Osborne Letter King St. West - Removal of Heritage Conservation Area
14.3 C. Osborne Letter - Report recommending Denial of Heritage Designation of 152
Wntcnn CtrPPt
Commissioner Hamilton responded to questions stating that the Heritage Bylaw will be
reviewed this summer. Interested parties will have an opportunity to present in the
review process.
Moved by Councillor Reardon, seconded by Councillor Hickey:
RESOLVED that the items 14.2 and 14.3 be referred to staff and the Heritage
Development Board for a policy to consider adding or removing heritage properties to a
register.
MOTION CARRIED.
14.4 Glen Falls Flooding
Monica Boudreault commented on the pro -active inspection process of the detention
pond. The visual inspection is conducted yearly. Every second year GPS points to assess
sediment are taken.
Moved by Councillor Hickey, seconded by Deputy Mayor McAlary:
RESOLVED that the report entitled M&C2019-145: Glen Falls Flooding be received for
information.
MOTION CARRIED.
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
17.1 Cherry Brook Zoo Letter of Intent
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole, having met on June
17th, 2019, Common Council approve:
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
That a Letter of Intent be executed with Cherry Brook Zoo (the "Zoo") confirming the
parties' agree to enter into good faith negotiations for a long-term lease of the site of
the Zoo, identified on a survey plan dated the 7th day of November, 1977 and titled
"Plan to Accompany Lease, City of Saint John to Cherry Brook Zoo of Saint John Inc."
prepared by Dobbin Surveys Ltd.;
That the Letter of Intent shall provide:
(a) the negotiations aforesaid shall be pursued upon the condition that the Zoo is able to
continue its operations, generally as they currently exist, without requiring or
requesting any funding from The City of Saint John (the "City");
(b) one pre -condition to a long-term lease shall be the Zoo's providing the City with
information which results in the City's determining, in its sole discretion, that the Zoo
will be able to operate during the term of such a lease in a financially sustainable
manner without any financial support from the City; and
(c) except with respect to pursuing negotiations in good faith, the Letter of Intent
neither creates nor gives rise to any obligations or rights and shall not be construed by
any third party, as doing so; and,
That the City Solicitor be directed to prepare the aforesaid Letter of Intent and the
Mayor and Common Clerk be authorized to execute it.
MOTION CARRIED.
17.2 Intergovernmental Affairs and Strategic Communications Position
Moved by Councillor Reardon, seconded by Councillor Hickey:
RESOLVED that as recommended by the Committee of the Whole, having met on June
17th, 2019, Common Council approve the Contract Position of "Director of Government
Relations and Strategic Communications" be staffed for a one year term, renewable at
the discretion of the City Manager; and further that Common Council approve a
maximum of $150,000 be allocated from the Restructuring Reserve Fund to support the
Government Relations and Strategic Communications function over a 12 month period
commencing in July 2019.
MOTION CARRIED.
17.3 Canada Games Aquatic Centre Interim Financing Request
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole, having met on June
17th 2019, Common Council authorize the Commissioner of Finance to provide interim
financing to the Canada Games Aquatic Centre of $75,000 for the 2019 estimated
operational shortfall during the period of June 2019 until the funding is provided by the
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COMMON COUNCIL/ CONSEIL COMMUNAL
June 17, 2019 / le 17 juin 2019
Regional Facilities Commission budget in 2021 at the interest rate received by the City of
Saint John in the operating bank account (prime less 1.75%).
MOTION CARRIED with Councillor Casey voting nay.
17.4 Sea Street Estates Subdivision Lawsuit
Moved by Councillor Norton, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole, having met on June
17th, 2019, Common Council advise the plaintiffs that the City of Saint John is not yet in
a position to accept the settlement and direct the City Manager to continue to obtain
the information and agreements to enable Council to accept the proposed agreement.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that the meeting of Common Council held on June 17, 2019, be adjourned.
IL [000011GL1:k]k]11191
The Mayor declared the meeting adjourned at 9:54 p.m.
19
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Fundy Regional
Service Commission
_._... .
vlft Commission de Services
Regionaux de Fundy
June 18, 2019
City of Saint John
8`h Floor, City Hall
PO Box 1971
Saint John NB
E21-41-1
PO Box3032, Grand Bay -Westfield NB E5K 4V3
T. r6 r. r
hotline@fundyrecycles.com
Reference: Audited Financial Statements for the Year Ended 31 December 2018
Dear Mayor and Council:
Pursuant to the requirements of Section 29(1) of the Regional Service Delivery Act, I am pleased
to submit to you the Financial Statements of the Fundy Regional Service Commission for the
year ended 31 December, 2018. The Fundy Regional Service Commission reviewed and adopted
the Financial Statements at the May 27, 2019 meeting.
If you should have any further questions, please do not hesitate to contact me.
Regards,
Marc MacLeod
Executive Director
End: Audited Financial Statements of the Fundy Regional Service Commission for the Year
Ended 31 December, 2018
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Fundy Regional Service Commission
Financial Statements
Year Ended December 31, 2018
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Index to the Financial Statements
Year Ended December 31, 2018
Contents
Independent Auditors' Report
Financial Statements
Paae
1-2
Consolidated Statement of Operations
3
Consolidated Statement of Remeasurement Gains and Losses
4
Consolidated Statement of Financial Position
5
Consolidated Statement of Changes in Net Assets
6
Consolidated Statement of Cash Flows
7
Notes to the Consolidated Financial Statements
8-35
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INDEPENDENT AUDITOR'S REPORT
To the Members of Fundy Regional Service Commission
Opinion
• ,� . i/,/ 1, % ��
We have audited the financial statements of Fundy Regional Service Commission (the Company), which comprise
the statement of financial position as at December 31, 2018, and the statements of operations, changes in net debt
and cash flows for the year then ended, and notes to the financial statements, including a summary of significant
accounting policies.
In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of
the Company as at December 31, 2018, and the results of its operations and its cash flows for the year then ended in
accordance with Canadian public sector accounting standards.
Basis for Opinion
We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities
under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial
Statements section of our report. We are independent of the Company in accordance with the ethical requirements
that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical
responsibilities in accordance with those requirements. We believe that the audit evidence we have obtained is
sufficient and appropriate to provide a basis for our opinion.
Responsibilities of Management and Those Charged with Governance for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial statements in accordance with
Canadian public sector accounting standards, and for such internal control as management determines is necessary to
enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is responsible for assessing the Company's ability to continue as a
going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of
accounting unless management either intends to liquidate the Company or to cease operations, or has no realistic
alternative but to do so.
Those charged with governance are responsible for overseeing the Company's financial reporting process.
Auditor's Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from
material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion.
Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with
Canadian generally accepted auditing standards will always detect a material misstatement when it exists.
Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they
could reasonably be expected to influence the economic decisions of users taken on the basis of these financial
statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise
professional judgment and maintain professional skepticism throughout the audit. We also:
(continues)
39 Canterbury Street, Saint John, NB, Canada E21- 2C6 Ph:) 636-9220 Fax: (506) 634-8208 Email: tsdsj@tsdca.com
565 Priestman Street, Suite 102, Fredericton, NB, Canada E3B 5X8 h:(506)45&8727 Fax: (506) 450-3777 Email: tsdfr@tsdca.com
Independent Auditor's Report to the Members of Fundy Regional Service Commission (continued)
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error,
design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and
appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from
fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions,
misrepresentations, or the override of internal control.
. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the
Company's internal control.
. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management.
. Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on
the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast
significant doubt on the Company's ability to continue as a going concern. If we conclude that a material
uncertainty exists, we are required to draw attention in our auditor's report to the related disclosures in the
financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on
the audit evidence obtained up to the date of our auditor's report. However, future events or conditions may
cause the Company to cease to continue as a going concern.
. Evaluate the overall presentation, structure and content of the financial statements, including the disclosures,
and whether the financial statements represent the underlying transactions and events in a manner that achieves
fair presentation.
We communicate with those charged with governance regarding, among other matters, the planned scope and timing
of the audit and significant audit findings, including any significant deficiencies in internal control that we identify
during our audit.
Saint John, New Brunswick
May 27, 2019 CHARTERED PROFESSIONAL ACCOUNTANTS
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Fundy Regional Service Commission
Consolidated Statement of Operations
Year Ended December 31, 2018
Revenue
Member charges
Sales of services
Government transfers
Interest
Gain on sale of investments
Expenditures
Cooperative and regional planning services
Local planning services
Solid waste services
Generation facility
Loss on disposal of tangible capital assets
Annual operating surplus (deficit)
Accumulated operating surplus
Beginning of year
As previously reported
Adjustment of prior years (Note 17)
As restated
End of year
See accompanying notes to the consolidated financial statements
3
(Restated)
2018 2017
{ Unaudited )
8,546,638
7,920,341
Budget
(Note 24)
Actual
Actual
237,560
244,491
196,037
$ 2,358,206 $
2,632,028 $
2,389,519
5,478,194
5,655,577
5,364,145
-
175,302
103,570
-
72,049
49,602
-
11,682
13,505
7,836,400
8,546,638
7,920,341
70,772
42,847
58,946
237,560
244,491
196,037
7,832,476
7,762,571
7,465,718
337,099
263,068
579,665
-
49,872
86,999
8,477,907 8,362,849 8,387,365
$ (641,507) 183,789 (467,024)
20,456,026 20,656,666
(2,756,589) (2,490,205)
17,699,437 18,166,461
$ 17,883,226 $ 17,699,437
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Consolidated Statement of Remeasurement Gains and Losses
Year Ended December 31, 2018
Unrealized gains (losses) attributable to:
Portfolio investments
Amounts reclassified to the statement of operations
Realized losses (gains) on portfolio investments
Net remeasurement gains (losses) for the year
Accumulated remeasurement gains (losses)
Beginning of year
End of year
See accompanying notes to the consolidated financial statements
4
(Restated)
2018 2017
$ (82,887) $ 31,698
(11,682) (13,505)
(94, 569) 18,193
115,027 96,834
$ 20,458 $ 115,027
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Fundy Regional Service Commission
Consolidated Statement of Financial Position
(Restated)
As at December 31, 2018
2018
2017
Financial assets
Cash (Note 3)
$
446,478
$ 752,558
Receivables
General (Note 4)
711,083
504,865
Due from federal government and its agencies (Note 5)
242,730
105,868
Due from Province of New Brunswick (Note 6)
62,788
99,981
Portfolio investments (Note 7)
2,005,254
2,050,820
3,468,333
3,514,092
Liabilities
Bank Indebtedness (Note 8)
$
2,507,589
$ 7,761
Accounts payable and accrued liabilities
892,457
763,719
Customer security deposits
99,666
99,266
Deferred revenue
15,942
29,395
Long term debt (Note 9)
108,000
214,000
Closure and post -closure liability (Note 10)
1,412,307
1,289,432
5,035,961
2,403,573
NET ASSETS (DEBT)
(1,567,628)
1,110,519
Non -Financial Assets
Tangible capital assets (Note 19)
63,885,539
59,727,864
Accumulated amortization (Note 19)
(44,553,294)
(43,097,804)
19, 332, 245
16, 630, 060
Deferred financing charges
300
898
Inventory of supplies
73,292
56,898
Prepaid expenses
65,475
16,089
19,471,312
16,703,945
ACCUMULATED SURPLUS
$
17,903,684
$ 17,814,464
Accumulated surplus is comprised of:
Accumulated operating surplus (Page 2)
$
17,883,226
$ 17,699,437
Accumulated remeasurement gains (Page 3)
20,458
115,027
$
17,903,684
$ 17,814,464
Commitments (Note 25)
See accompanying notes to the consolidated financial statements
On behalf of the Commission
Approved by:
Commissioner' ° '' ` "'
Commissioner f, w
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k1
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Fundy Regional Service Commission
Consolidated Statement of Changes in Net Assets
Year Ended December 31, 2018
Annual operating surplus (deficit)
Add (deduct) :
Acquisition of tangible capital assets
Proceeds on disposal of tangible capital assets
Amortization of tangible capital assets
Amortization of deferred financing charges
(Gain) loss on sale of tangible capital assets
Acquisition of inventories
Consumption of inventories
Increase in prepaid assets
Net remeasurement gains (losses)
Increase (decrease) in net assets
Net Assets
Beginning of the year
(Restated)
2018 2017
$ 183,789 $ (467,024)
(4,594,356)
(1,745,856)
15,000
4,778
1,827,298
2,173,762
598
1,662
49,872
86,999
(16,393)
-
-
17,070
(49,386)
(16,089)
(2,583,578)
55,302
(94,569) 18,193
(2,678,147) 73,495
1,110,519 1,037,024
End of the year $ (1,567,628) $ 1,110,519
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Fundy Regional Service Commission
Consolidated Statement of Cash Flows
Year Ended December 31, 2018
Increase (decrease) in cash and cash equivalents
Operating transactions
Annual operating surplus (deficit)
Loss (gain) on disposal of tangible capital assets
Loss (gain) on sale of investments
Amortization of tangible capital assets
Amortization of deferred financing charges
Receivable - General
Receivable - Federal Government and its agencies
Receivable - Province of New Brunswick
Accounts payable and accrued liabilities
Customer security deposits
Deferred revenue
Closure and post -closure liability
Inventory of supplies
Prepaid expenses
Capital transactions
Acquisition of tangible capital assets
Proceeds on sale of tangible capital assets
Financing transactions
Issue of bank indebtedness
Repayment of long term debt
Investing transactions
Proceeds on sale of investments
Purchase of investments
Net (decrease) increase in cash and cash equivalents
Cash and cash equivalents
Beginning of year
(Restated)
2018 2017
$ 183,789 $
(467,024)
49,872
86,999
(11,682)
(13,505)
1,827,298
2,173,762
598
1,662
(206,218)
125,665
(136,862)
(21,736)
37,193
-
128,738
235,265
400
(517)
(13,453)
-
122,875
112,750
(16,393)
17,070
(49,386)
(16,089)
1,916,769
2,234,302
(4,594,356) (1,745,856)
15,000 4,778
(4,579,356) (1,741,078)
2,499,828
(4,108)
(106,000)
(498,000)
2,393,828
(502,108)
383,212 487,557
(420,533) (705,499)
(37,321) (217,942)
(306,080) (226,826)
752,558 979,384
End of year $ 446,478 $ 752,558
accountants
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
1. Purpose of the Organization
The Fundy Regional Service Commission was established under the Regional Service Delivery Act and New Brunswick
Regulation 2012-91 including limits of its regional boundaries .
Section 38 of the Regional Service Delivery Act came into force on January 1, 2013 which dissolved the former Fundy
Region Solid Waste Commission and by Ministerial Order under section 41 transferred all assets, liabilities, rights,
obligations, powers and responsibilities of the former regional solid waste commission to the regional service commission.
Section 45 of the Regional Service Delivery Act came into force on January 1,2013 which dissolved the former District
Planning Commissions established under the Community Planning Act and by Ministerial Order under section 48
transferred all assets, liabilities, rights, obligations, powers and responsibilities of the former rural district planning
commission to the regional service commission.
The business and affairs of the Commission is directed and controlled by a board of directors in accordance with Regional
Service Delivery Act. The Board is comprised of (a) the mayors of each municicality or rural community and (b) where a
member of the Commission is a local service district; at large representative chosen by and in accordance with New
Brunswick Regulation 2012-109.
The Commission's mandate is as follows:
(a) To provide solid waste disposal services to municipalities and local service districts.
(b) To provide land use planning services to all local service districts and any municipality that wants to receive the
service.
(c) To develop regional planning strategies that foster sustainable development practices, encourage a coordinated
development between communities that influence and guide the placement of important infrastructure while
serving as a tool for better protection, management and harmonization of urban and rural landscapes and
resources.
(d) The Commission will be a source for communities to plan, coordinate and pool resources on a regional basis to
enable a more effective response to emergencies.
(e) The Commission will be the entity through which municiplities and local service districts identify the needs, scope
and financing of recreational facilities. In addition, it will provide services consisting of development of
agreements and assistance with securing provincial funding on a fully regional or sub -regional basis.
2. Summary of significant accounting policies
The consolidated financial statements of the Commission are the representations of management prepared in accordance
with Canadian generally accepted accounting principles for local governments, as recommended by the Public Sector
Accounting Board ( PSAB ) of the Chartered Professional Accountants of Canada.
The focus of Public Sector Accounting ( PSA ) financial statements is on the financial position of the Commission and the
changes thereto. The consolidated Statement of Financial Position includes all of the assets and liabilities of the
Commission.
No other entities have been included in these consolidated financial statements.
Significant aspects of the accounting policies adopted by the Commission are as follows:
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
2. Summary of significant accounting policies (continued)
Reporting entity
The consolidated financial statements reflect the assets, liabilities, revenues, expenditures and changes in net debt
and cash flows of the reporting entity. The reporting entity is comprised of all organizations and enterprises
accountable for the administration of their affairs and resources to the Commission and which are owned or controlled
by the Commission.
Interdepartmental and organizational transactions and balances are eliminated.
Budget
The budget figures contained in these financial statements were approved by the Commission on October 16, 2017.
Revenue recognition
(a) Solid waste tipping fees are recorded when waste is delivered to the landfill facility and collection is reasonably
assured.
(b) Sales of recyclable materials are recorded when bales are ready for shipment from the recycling facility, realizable
value is determinable and collection is reasonably assured
(c) Cooperative and regional planning service member charges are recorded when services are provided and
collection is reasonably assured.
(d) Local planning service member charges are recorded when services are provided and collection is reasonably
assured.
(e) Investment and other income are recorded on the accrual basis.
Expenditure recognition
Expenditures are recorded on the accrual basis. Outstanding commitments for goods and services relating to the
current year are accrued at the balance sheet date.
Solid waste landfill closure and post -closure liability
The Commission follows the CPA Canada PSA 3270 standards to account for and report the liability for closure and
post -closure care of a solid waste landfill site. Closure activities include final cover and vegetation, drainage control
features, and facilities for leachate monitoring, water quality monitoring and monitoring / recovery of gas. Post -closure
care activities include all activities related to monitoring the site once it can no longer accept waste including
acquisition of additional land for buffer zones, treatment and monitoring of leachate, monitoring ground and surface
water, gas monitoring and recovery, and on-going maintenance of control systems, drainage systems and final cover.
The liability is recognized as the landfill site's capacity is used. Usage is measured on a volumetric basis.
Use of estimates
The preparation of the consolidated financial statements in conformity with Canadian generally accepted accounting
principles requires management to make estimates that affect the reported amount of assets and liabilities and
disclosure of contingent assets and liabilities at the date of the consolidated financial statements and the reported
amount of revenues and expenses during the reporting period. Significant estimates include allowance for doubtful
accounts, useful life and residual value of tangible capital assets, future landfill closure/post-closure costs and the
assumptions used to calculate the current year closure/post-closure liability. These estimates are reviewed
periodically, and as adjustments become necessary, they are reported in earnings in the period in which they become
known. Actual results may differ from those estimates.
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
2. Summary of significant accounting policies (continued)
Financial instruments
The Commission follows the provisions of CPA Canada PS 3450 standards.
Measurement of financial instruments
The commission initially measures its financial assets and liabilities at fair value, except for certain non -arm's
length transactions.
The commission subsequently measures all its financial assets and financial liabilities at amortized cost, except
for investments in equity instruments that are quoted in an active market, which are measured at fair value.
Changes in fair value of these portfolio investments are recognized in remeasurement gains and losses.
Financial assets measured at amortized cost include cash, fixed income and pooled investment fund portfolio
investments, trade receivables, accrued investment income, due from the federal goverment and its agencies and
due from the Province of New Brunswick.
Financial liabilities measured at amortized cost include bank indebtedness, accounts payable and accrued
liabilities, security deposits, deferred revenue and long term debt.
Impairment
Financial assets measured at cost are tested for impairment when there are indicators of impairment. The
amount of the write-down is recognized in operations. The previously recognized impairment loss may be
reversed to the extent of the improvement, directly or by adjusting the allowance account, provided it is no greater
than the amount that would have been reported at the date of the reversal had the impairment not been
recognized previously. The amount of the reversal is recognized in operations.
Transaction costs
The commission recognizes its transaction costs in operations in the period incurred. However, financial
instruments that will not be subsequently measured at fair value are adjusted by the transaction costs that are
directly attributable to their origination, issuance or assumption.
Cash and cash equivalents
Cash and cash equivalents include cash on hand, balances with banks, short term deposits with original maturities of
three months or less and bank overdrafts. Bank borrowings are considered to be financing activities.
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
2. Summary of significant accounting policies (continued)
Tangible capital assets
The Commission follows the provisions of CPA Canada PSA 3150 standards: Tangible Capital Assets. Tangible
capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction,
development or betterment of the asset. Donated or contributed tangible capital assets are recorded at their fair
market value at the date of construction or contribution. The capitalization threshold is $ 10,000. Amortization shall
begin in July of the year in which the costs were incurred and no amortization is recorded in the year of disposal with
the exception of containment cells which are amortized over the actual usage period. Assets under construction are
not amortized until the asset is available for productive use.The cost of the tangible capital asset is amortized over the
estimated useful life as follows:
Contributed goods and services
With the exception of tangible capital assets which are recognized at their fair market value, the value of contributed
goods and services are not recognized in the financial statements.
Inventory of supplies
Inventory is valued at the lower of cost and net replacement cost with cost being determined on the average cost
basis.
Post -employment benefits and compensated absences
The Commission follows the provisions of CPA Canada PS 3250 and PS 3255 standards in its financial statement
presentation and disclosure.
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Amortization
Estimated
Asset type
basis
useful life
Landfill site and roadways
Volume usage of the landfill
landfill life
Buildings
Volume usage of the landfill
landfill life
Buildings (compost and MRF facilities foundation)
Volume usage of the landfill
landfill life
Buildings (compost and MRF facilities frame and covering)
Straight-line
20 years
Gas generation system
Straight-line
9 years
Containment cells
Straight-line
3-5 years
Vehicles
Straight-line
5 - 10 years
Heavy equipment
Straight-line
5 - 20 years
Equipment
Straight-line
5 - 10 years
Furniture and fixtures
Straight-line
10 years
Contributed goods and services
With the exception of tangible capital assets which are recognized at their fair market value, the value of contributed
goods and services are not recognized in the financial statements.
Inventory of supplies
Inventory is valued at the lower of cost and net replacement cost with cost being determined on the average cost
basis.
Post -employment benefits and compensated absences
The Commission follows the provisions of CPA Canada PS 3250 and PS 3255 standards in its financial statement
presentation and disclosure.
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
2. Summary of significant accounting policies (continued)
Segmented information
The Commission provides waste disposal, local planning and cooperative and regional planning services for the
geographic area of Region 9. For management reporting purposes, the Commission's operations and activities are
organized and reported by function. This presentation was created for the purpose of recording specific activities to
attain certain objectives in accordance with special regulations, restrictions or limitations. Services are provided by
departments as follows:
Solid Waste Services
This department provides solid waste disposal services to the Municipalities and Local Service Districts. This
includes the operation of various recycling programs, the handling of hazardous waste and public education
programs.
Generation Facility
This department utilizes landfill gases to generate electricity. Solid Waste Services uses the electricity generated
and any excess production is purchased by Saint John Energy.
Local Planning Services
This department provides land use planning services to all local service districts and any municipality that does
not currently have the service. This service includes the development of rural plans, the administration and
enforcement of the plans, the issuance of building permits, conducting building inspections, and the approval of
subdivisions, etc. The Commission encourages local service districts to develop common integrated plans, where
possible and appropriate.
Cooperative and Regional Planning Services
Regional Planning
The Commission is responsible for the development of a Regional Plan, the aim of which would be to better
coordinate and manage development and land use within the region. More specifically, the Regional Plan will
focus on strategies that focus sustainable development practices, that encourage coordinated development
between communities, that influence and guide the location of significant infrastructure (e.g., major roadways,
facilities, trails), and that enhance coordination of commercial/industrial development. The Regional Plan will also
serve as an important tool in better managing, protecting and harmonizing urban and rural landscapes and
resources.
Regional Policing Collaboration
The Commission will serve as a forum through which the effectiveness and efficiency of policing services is
reviewed and evaluated on a regional basis. In addition, the Commission will identify issues of common concern
within the region and provide direction on priorities for policing services. The Commission will identify ways in
which police forces within a region can work together to share costs, reduce duplication and generally build
stronger linkages with one another
Regional Emergency Measures Planning
The Commission will serve as a forum through which Municipalities and Local Service Districts will plan,
coordinate and pool resources on a regional basis in order to enable more effective responses to emergency
situations. This will involve working closely with the New Brunswick Emergency Measures Organization (NB
EMO) to develop regional emergency protocols (specifying mutual assistance agreements between communities),
providing assistance in developing and maintaining local emergency measures plans, and facilitating training
initiatives for regional and inter -regional emergency responses.
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
Segmented information (continued)
13
Regional Sport, Recreational, and Cultural Infrastructure Planning and Cost-Sharinq
The Commission is responsible for facilitating the planning and cost-sharing of major sport, recreational and
cultural facilities within the region.
The Commission is the entity through which Municipalities and Local Service Districts come together to identify
and reach consensus on the need, the scope and the financing required for such new facilities (could include the
expansion/renovation of existing facilities). Such agreements could be developed by the Commission on a fully
regional or on a sub -regional basis and would cover both initial capital and ongoing operational costs. In order to
secure provincial funding, the project proponents will be required to obtain support from those communities
expected to benefit from the facilities.
The commission is required to meet any provincial or other established standards associated with the services
3. Cash 2018 2017
Restricted - Capital Reserve Fund $ 76,212 $ 143
Restricted - Closure and Post -closure liability 74,189 79,943
Unrestricted 296,077 672,472
4. Receivables
Trade
Accrued investment income - Reserve Fund
Accrued investment income - Closure and Post -closure liability
5. Due from federal government and its agencies
Canada Revenue Agency ( HST refund )
Canada Border Services Agency
Canada Revenue Agency ( HST refund )
6. Due from Province of New Brunswick
Environment & Local Government - solid waste tipping fees
Environmental Trust Fund
Other
Wel
$ 446,478 $ 752,558
2018 2017
$ 703,109 $ 499,969
640 -
7,334 4,896
$ 711,083 $ 504,865
2018 2017
$ 238,880 $ 105,868
3,850 -
$ 242,730 $ 105,868
2018 2017
$ 61,581 $ 61,753
781 35,348
426 2,880
$ 62,788 $ 99,981
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
7. Portfolio investments
Restricted - Reserve fund
Restricted - Closure and Post -closure liability
Unrestricted
These investments are comprised as follows:
2018 2017
$ 529,092 $ 512,211
1,476,162 1,528,678
- 9,931
$ 2,005,254 $ 2,050,820
2018 2017
Book Value Fair Value Book Value Fair Value
Reserve fund
Pooled investment funds $ 529,092 $ 529,092 $ 522,141 $ 522,141
Closure and Post -closure liability
Canadian fixed income 931,694 931,694 907,951 907,951
Canadian common shares 524,011 544,468 505,700 620,727
$ 1,984,797 $ 2,005,254 $ 1,935,792 $ 2,050,819
Fair values for Canadian common shares have been determined based on quoted market rates provided by the
investment management firm. The fair market values of Canadian fixed income investments and pooled
investment funds approximate their book values.
8. Bank Indebtedness
Bank demand loan, prime rate interest, unsecured
Visa facility, $ 25,000 limit at standard visa terms
2018 2017
$ 2,500,000 $ -
7,589 7,761
$ 2,507,589 $ 7,761
The Commission has a $ 1,000,000 revolving line of credit facility at prime rate of interest which remains unutilized at
yearend.
9. Long-term debt 2018 2017
New Brunswick Municipal Finance Corporation Debentures:
Solid Waste Services
BK42, 1.15% - 2.35%, due May 15, 2019, OIC #02-0069
Approval of the Municipal Capital Borrowing Board has been obtained for long-term debt.
Principal payments required during the next five years are as follows:
2019 $ 108,000
108,000 214,000
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40 Ilf i
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
10. Solid waste landfill closure and post -closure liability
Paragraphs 19(12), 19(13) and 19(14) of Regulation 2012-109 for the Regional Service Delivery Act require the
Commission to establish, manage and annually contribute to a special account that is designated by the commission for the
payment of closure and post -closure expenses of the solid waste landfill site. The amounts required for these expenses
and for the annual contribution shall be determined in accordance with the recommendations of the Public Sector
Accounting Board respecting " solid waste landfill closure and post -closure liability" in the CICA public sector accounting
handbook.
Closure activities include all activities related to closing the landfill site such as final cover/vegetation and completing
facilities for drainage control, leachate monitoring, water quality monitoring and monitoring/recovery of gas.
Post -closure care activities include all activities related to monitoring the landfill site once it can no longer accept waste.
These include acquisition of additional land for buffer zones, monitoring and treatment of leachate, monitoring ground water
and surface water, monitoring and recovery of gas and ongoing maintenance of various control systems, drainage systems
and final cover.
The liability is recognized as the landfill site's capacity is used. Usage is measured on a volumetric basis.
An engineering study was last completed in 2015 and calculated that the footprint at the end of the landfill's useful life would
be contain approximately 5,050,500 cubic meters of waste equating to approximately 3,444,000 metric tonnes. Closure
and post -closure care annual costs were estimated to be $ 270,000 (2009 dollars) increased for inflation to $ 313,004 (2015
dollars).The Commission has partially installed a gas collection and monitoring system as part of the future closure process.
Incurring these costs prior to the actual closure date is expected to reduce the liability for future closure and post -closure
costs.
Key recognition and measurement assumptions are as follows:
Year landfill opened
Expected final year of operation
Compaction ratio in metric tonnes per cubic meter
Total estimated capacity (metric tonnes)
Estimated cumulative capacity utilized to end of year (metric tonnes)
Annual metric tonnes landfilled
Estimated capacity remaining at end of year (metric tonnes)
Estimated years of closure and post -closure care
Inflation rate
Discount rate for future cash flows
Net present value of annual closure and post -closure care costs
Estimated funding balance for closure and post -closure care required at end of
operations (future value in 2048 dollars) $
Estimated future cash outflows associated with closure and post -closure activities
discounted at a rate of 4.5% resulting in a total estimated net present value
expenditure of: $
2018 2017
1997
1997
2048
2048
0.7
0.7
3,449,434
3,450,936
1,439,434
1,373,936
65,497
60,916
2,010,000
2,077,000
30
30
2.00%
2.00%
4.50%
4.50%
332,162 $
325,649
12,675,752 $ 12,675,752
3,384,426 $ 3,238,685
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
10. Solid waste landfill closure and post -closure liability (continued)
The solid waste landfill closure and post -closure liability has been calculated as follows:
Total discounted future cash flows associated with closure and post -closure
activities
Multiplied by cumulative capacity used (metric tonnes)
Divided by total estimated capacity (metric tonnes)
Less; expenditures previously recognized
Increase to recognized liability
Statement of Revenue and Expenditure
Revenue
Transfer from Solid Waste Operating Fund
Realized gains on disposal of investments
Unrealized gains on portfolio investments
Investment income
Expenditures
Unrealized losses on portfolio investments
Investment management fees
Annual Surplus (deficit)
Special account balance
Beginning of year
End of year
16
2018 2017
$ 3,384,426 $
3,238,685
1,439,434
1,373,936
3,449,434
3,450,936
1,412,307
1,289,432
1,289,432
1,176,682
$ 122,875 $ 112,750
$ - $ 212,950
11,682 13,505
- 18,193
49,027 37,912
60,709 282,560
94,569 -
24,725 14,529
119,294 14,529
(58,585) 268,031
1,615,061 1,347,030
$ 1,556,476 $ 1,615,061
The Commission has designated specific investments and accrued investment income to settle closure and post -closure
care liabilities as follows:
2018 2017
Cash held in investment accounts $ 74,189 $ 79,943
Portfolio investments
Canadian fixed income 931,694 907,951
Canadian common shares 544,468 620,727
Accrued investment income 7,334 4,896
Accrued investment management fees (4,800) -
$ 1,552,885 $ 1,613,517
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
11. Measurement uncertainty
The Commission estimated the future costs of closing the landfill site and monitoring the site for a period of thirty years after
closing based on assumptions about future events. The landfill closure and post -closure liability recorded in the financial
statements will require adjustment if the following significant assumptions change:
(1) A costing study determines that future annual closure and post -closure cost estimates differ from current
expectations.
(2) The estimated 2% rate of inflation or 4.5% discount rate differs.
(3) The total capacity and estimated life of the landfill has been determined based on average annual tonnes
landfilled and compaction ratios. Annual volumetric usage is impacted by factors such as population change,
increased waste diversion and technological innovation which may significantly impact the life of the landfill.
12. Contingencies
In the normal course of operations, the Commission becomes involved in various claims and legal proceedings. While the
final outcome with respect to claims and legal proceedings pending at December 31, 2018 cannot be predicted with
certainty, it is the opinion of management that resolution of these matters will not have a material adverse effect as the
Commission maintains insurance coverage in amounts considered appropriate.
13. Short-term borrowings compliance
Interim capital borrowing
The Commission has outstanding ministerial authority for short-term capital borrowings as follows;
Approval # Amount Term and purpose
18-0031 $3,620,000 not to exceed 4 years; Environmental Health Services(General)
Operating borrowing
As prescribed in the Regional Service Delivery Act Regulation 2012-109, borrowing for operating expenses is limited to 5%
of the Commission's operating budget for that service and borrowing for operating expenses of a solid waste management
service is limited to 25% of the operating budget for that service.
In 2018, the Commission has complied with these restrictions.
Inter -fund borrowing
The Municipal Financial Reporting Manual requires that short-term inter -fund borrowings be repaid in the next year unless
the borrowing is for a capital project. Interfund borrowing is in compliance with the requirements.
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Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
14. Surplus / deficit reconciliation
Net financial assets
Adjustments:
Unrealized loss (gain) on portfolio investments
Temporary financing of capital expenditures with working capital
Bankloan
Long term debt
Inventory of supplies
Prepaid expenses
Current net assets
Composition of current net assets
2016 Solid Waste Fund Surplus
2016 Cooperative & Regional Planning Fund Surplus
2016 Local Planning Fund Surplus
2017 Solid Waste Fund Surplus
2017 Cooperative & Regional Planning Fund Surplus
2017 Local Planning Fund Surplus
2018 Solid Waste Fund Surplus
2018 Cooperative & Regional Planning Fund Surplus
2018 Local Planning Fund Surplus
2018 Generation Facility Fund Surplus
Reserve Fund balances
15. Financial instruments
2018 2017
$ (1,567,628) $ 1,110,519
(20,458)
(115,027)
69,808
12,410
2,500,000
-
108,000
214,000
73,292
56,898
65,475
16,089
$ 1,228,489 $
1,282,479
$
388,174
12,410
93,273
239,534
239,534
6,988
6,988
29,746
29,746
292,028
27,926
24,320
2,003
605,944
512,354
$ 1,228,489 $
1,282,479
The Commission is exposed to various risks through its financial instruments and has a comprehensive risk management
framework to monitor, evaluate and manage these risks. The following analysis provides information about risk exposure
and concentration of risks at December 31, 2018
Credit risk
Credit risk arises from the risk that one party to a financial instrument will cause a financial loss for the other party by
failing to discharge its obligations. The Commission is exposed to credit risk from customers. In order to reduce its risk,
the Commission reviews new customers' credit history before extending credit, collects security deposits or bank
letters of credit, conducts regular reviews of its existing customers' credit performance and reviews overdue invoices
with customers. The Canadian government sector accounted for 100% of member charge revenue. In addition, 80.3%
of Canadian source industrial, commercial, institutional, construction and demolition tipping fees are generated from
three major customers. The remaining sales are represented by a significant number of diverse customers.
Overdue by Overdue by Overdue by
Aging of overdue trade receivables (not impaired) 1 month 2 months Over 2 months
Government $ 134,102 $ 1,534 $ 781
Non-government 126,425 39,788 17,559
$ 260,527 $ 41,322 $ 18,340
teed 1 ders C � � �dvior,Yll
S'llYr"h dr'w
44 ountants
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
15. Financial instruments (continued)
Aging of overdue trade receivables (impaired)
Canadian customers
Non-government $ - $ - $ -
Impairment is determined based on aging, collection history and customer communications.
Market risk
Market risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate due to changes in
market prices. Market risk comprises three types of risk: currency risk, interest rate risk and other price risk. The
Commission has portfolio investments, held as equity instruments, debt instruments and pooled investment funds,
totalling $ 2,005,254 representing only domestic sources. These investments are subject to fluctuations in stock market
prices whether caused by factors specific to the individual financial instrument or its issuer, or factors affecting all
similar financial instruments traded in the market.
The Commission does not have a formally documented investment policy. The fund manager must maintain
reasonable sector and securities diversification within the investment portfolio.
Investment allocation by asset class is as follows:
Canadian pooled investment funds
Canadian fixed income
Canadian equity
Investment allocation by sector is as follows:
Canadian pooled investment funds
High interest savings accounts
Canadian fixed income
Federal and Provincial
Municipal
Corporate
Canadian equity
Energy
Materials
Industrials
Consumer discretionary
Consumer staples
Financials
Information technology
Telecommunications services
26.4%
46.5%
27.1%
100.0%
26.4%
28.6%
1.0%
16.8%
6.9%
1.8%
0.7%
3.8%
0.8%
10.4%
1.1%
1.7%
100.0%
teedsaundeirs
4511
19
20
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
15. Financial instruments (continued)
Interest rate risk
Interest rate risk is the risk that the fair value or future cash flows of a financial instrument will fluctuate due to changes
in market interest rates. Cash balances earn interest at floating interest rates and fixed income portfolio investments
bear interest at fixed interest rates. Long term debt of $ 106,000 bears interest at a fixed rate until paid off in 2019.
Bank indebtedness totalling $ 2,500,000 bears interest at a floating rate until it is refinanced with long term debt in
2019. Due to the short debt refinancing time period and professional management of the investment portfolio , the
commission believes that interest rate risk is low.
Currency risk
Currency risk arises from the risk that the fair value of future cash flows of a financial instrument will fluctuate due to
changes in foreign exchange rates. The Commission does have any sales or receivables denominated in foreign
currencies.
The commission is exposed to currency risk from Canadian supplier purchases of goods sourced directly or indirectly
from foreign manufacturers (i.e. heavy equipment purchased for landfill operations originates primarily from the USA)
Liquidity risk
Liquidity risk is the risk that an entity will encounter difficulty meeting its obligations associated with financial liabilities.
The Commission has significant working capital held in accounts receivable from customers but management believes
that cash flow will be sufficient to settle financial liabilities as required. If liquidity difficulties arise, the Commission has
the ability to borrow for operating and capital purposes.
16. Post -employment benefits and compensated absences
The commission sponsors a defined contribution pension plan for its unionized workforce whereby the employer obligation
is limited to a matching contribution of up to 5% of regular and overtime pay. For employees with full-time status of 10 years
or more, the employer will contribute up to 6% matching. The expense recognized in the 2018 financial statements totals $
76,418. There were no significant changes to the pension plan during the year.
The Commission contributes to RRSP benefit plans for its full-time management workforce. The Commission matches
employee contributions to a specified percentage of earnings. The expense recognized in the 2018 financial statements
totals $ 37,170.
The Commission provides sick leave time for full-time employees. An employee can take a leave with pay for an amount of
time equal to the accumulated sick leave. Unused sick leave benefit are paid out to the unionized employees on the last pay
period of the year. Accordingly, there is no liability at yearend.
teed saunders account'''ants
46 doyle & advisors
21
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
17. Adjustment of prior years
2018 2017
The accumulated surplus balance has been restated for the following:
Reclassify unrealized gains to the Consolidated Statement of Remeasurement
Gains and Losses $ (115,027) $ (96,834)
Record inventory of chemical supplies 56,898 73,968
Tangible capital assets disposals in previous years not accounted for (1,600,571) (1,521,811)
Accounting errors in calculation of amortization expense (1,097,889) (945,528)
$ (2,756,589) $ (2,490,205)
The following consolidated statement of financial position accounts have increased (decreased) by:
Inventory of supplies $ 56,898
Tangible capital assets $ (2,044,370)
Accumulated amortization $ (942,652)
The following consolidated statement of operations accounts have increased (decreased) by:
Landfill expenses
Leachate & siltation management $ 11,988
Amortization of tangible capital assets $ 152,360
Loss on disposal of tangible capital assets $ 78,764
18. Comparative figures
Certain of the 2017 comparative amounts have been reclassified to conform with the financial statement presentation adopted for
the current year
47 l advisors
22
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
19. Schedule of Tangible Capital Assets
Infrastructure
COST
Balance, beginning of year
Add:
Net additions during the year
Less:
Disposals during the year
Balance, end of year
ACCUMULATED AMORTIZATION
Balance, beginning of year
Add:
Amortization during the year
Less:
Accumulated amortization on disposals
Balance, end of year
NET BOOK VALUE
Consists of:
Solid Waste assets
Electrical Generation assets
Landfill Assets (Restated)
Heavy Furniture Site & Containment Under 2018 2017
Land Buildings Vehicles Equipment Equipment & Fixtures Roadways Cells Construction Total Total
$ 1,173,460 $ 7,372,923 $ 187,502 $ 7,858,826 $ 5,001,355 $ 42,475 $ 11,251,000 $ 26,250,629 $ 589,694 $ 59,727,864 $ 58,429,166
83,374 12,645 - 279,584 18,509 -
- (306,750) - (129,931) - -
475,752 4,314,186 (589,694) 4,594,356 1,745,856
(436,681) (447,158)
1,256,834 7,078,818 187,502 8,008,479 5,019,864 42,475 11,726,752 30,564,815 - 63,885,539 59,727,864
3,153,021 86,370 5,750,517 4,007,024
175,500 20,535 339,249 249,492
(253,047) - (118,761) -
42,475 4,490,549 25,567,848 - 43,097,804 41,304,483
230,173 812,349 -
1,827,298
(371,808)
2,173,762
(380,441)
- 3,075,474
106,905
5,971,005
4,256,516
42,475 4,720,722
26,380,197
- 44,553,294
43,097,804
$ 1,256,834 $ 4,003,344 $
80,597
$ 2,037,474
$ 763,348 $
- $ 7,006,030
$ 4,184,618 $
- $ 19,332,245 $
16,630,060
$ 1,256,834 $ 4,003,344 $ 80,597 $ 1,927,703 $ 763,348 $ - $ 7,006,030 $ 4,184,618 $ - $ 19,222,474 $ 16,475,637
- - - 109,771 - - - - - 109,771 154,423
$ 1,256,834 $ 4,003,344 $ 80,597 $ 2,037,474 $ 763,348 $ - $ 7,006,030 $ 4,184,618 $ - $ 19,332,245 $ 16,630,060
23
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
20. Schedule of Segment Disclosure
2,884,865
Cooperative &
2,944,119
Goods and services
3,134,918
(Restated)
3,173,074
Solid Waste
Regional Planning
Local Planning
Generation
2018
2017
- - - 2,416
Services
Services
Services
Facility
Consolidated
Consolidated
Revenues
Member charges
2,429,377
$ 58,364
$ 144,287 $
-
$ 2,632,028
$ 2,389,519
Sales of services
5,531,736
-
-
123,841
5,655,577
5,364,145
Government transfers
134,052
-
41,250
-
175,302
103,570
Transfers from own and other funds
-
-
Other revenues
-
-
-
-
-
-
Interest
71,456
-
593
-
72,049
49,602
Gain on sale of investments
11,682
-
-
-
11,682
13,505
Gain on disposal of tangible capital assets
-
-
-
-
-
-
8,178,303
58,364
186,130
123,841
8,546,638
7,920,341
Expenses
Salaries and benefits
2,884,865
19,682 176,261 109,606 3,190,414
2,944,119
Goods and services
3,134,918
23,166 68,229 66,536 3,292,849
3,173,074
Amortization
1,740,373
- - 86,925 1,827,298
2,173,762
Interest
2,416
- - - 2,416
9,411
Loss on disposal of tangible capital assets
49,872
- - - 49,872
86,999
7,812,444 42,848 244,490 263,067 8,362,849 8,387,365
Surplus (deficit) for the year $ 365,859 $ 15,516 $ (58,360) $ (139,226) $ 183,789 $ (467,024)
24
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
21. Reconciliation of Annual Surplus Cooperative
$ 2,149,107 $
15,516 $
(58,953) $
(52,301) $
Local
(86,925) $
Local
& Regional
Local
Generation
Generation
Solid Waste
Planning
Solid Waste
Planning
Solid Waste Planning
Planning
Facility Solid Waste
Facility
Capital
Capital
Operating
Operating
Operating Operating
Operating
Operating Capital
Capital
Reserve
Reserve
Reserve
Reserve
Fund Fund
Fund
Fund Fund
Fund
Fund
Fund
Fund
Fund Total
2018 annual surplus (deficit)
$ 2,149,107 $
15,516 $
(58,953) $
(52,301) $
(1,790,245) $
(86,925) $
6,997 $
593 $ - $ - $ 183,789
Adjustments to annual surplus (deficit) for funding requirements
Second previous year's surplus (deficit)
388,174
12,410
93,273
493,857
Transfers between funds
Transfer from local planning operating fund to the local planning capital fund
(10,000)
10,000 -
Transfer from solid waste operating fund to the solid waste capital reserve fund
(65,000)
65,000
Transfer from solid waste operating fund to the solid waste operating reserve fund
(11,000)
11,000 -
Transfer from solid waste operating fund to the generation facility operating fund
(100,099)
100,099
-
Transfer from solid waste operating fund to the solid waste capital fund
(1,978,753)
1,978,753
Transfer from generation facility operating fund to the generation facility capital fund
(45,795)
45,795
Transfer from solid waste operating fund to the solid waste capital fund
(106,000)
106,000
-
Loss (gain) on disposal of tangible capital assets
49,872
-
49,872
Proceeds from disposal of tangible capital assets
15,000
15,000
Amortization of deferred financing charge
599
599
Amortization of tangible capital assets
1,740,373
86,925
1,827,298
Total adjustments to annual surplus (deficit)
(1,857,079)
12,410
83,273
54,304
3,874,998
132,720
65,000
- 11,000 10,000 2,386,626
2018 annual fund surplus (deficit) per PNB requirements
$ 292,028 $
27,926 $
24,320 $
2,003 $
2,084,753 $
45,795 $
71,997 $
593 $ 11,000 $ 10,000 $ 2,570,415
50
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
22. Statement of Reserves
Solid Local Solid Local
Waste Planning Waste Planning
Capital Capital Operating Operating 2018 2017
Reserve Reserve Reserve Reserve Total Total
25
Assets
Cash
$ 55,212 $
- $
11,000 $ 10,000 $ 76,212 $
143
Investments
488,543
40,549
- - 529,092
512,211
Accrued investment income
596
44
- 640
-
40,000
$ 544,351 $
40,593 $
11,000 $ 10,000 $ 605,944 $
512,354
Accumulated Surplus
$ 544,351 $
40,593 $
11,000 $ 10,000 $ 605,944 $
512,354
Revenue
Transfer from Solid Waste Operating Fund $
65,000 $
- $
11,000 $
-
$ 76,000
$ 672,626
Transfer from Local Planning Operating Fund
10,000
10,000
40,000
Investment income
6,997
593
-
-
7,590
3,531
71,997
593
11,000
10,000
93,590
716,157
Expenditures
Transfer to Solid Waste Capital Fund
-
1,151,420
Annual Surplus (deficit)
71,997
593
11,000
10,000
93,590
(435,263)
Accumulated Surplus
Beginning of year
472,354
40,000
-
-
512,354
947,617
End of year $
544,351 $
40,593 $
11,000 $
10,000
$ 605,944
$ 512,354
Reserve fund investments are held as pooled investment funds
51 Boyle accountants
lnanta
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
22. Statement of Reserves( continued)
Commission resolutions regarding transfers to and from reserves:
December 10, 2018
8.b) Year End Motions
Motion: To approve transfer of $25,000 from the Solid Waste Services Operating Fund to the Solid Waste Services
Capital Reserve Fund as per the 2017 budget in accordance with the Project No. 27900 — Canada -New Brunswick
Building Canada Fund (BCF)- Communities Component agreement.
This motion is a requirement of the BCF agreement which funded the construction of the Material Recovery Facility
(MRF). The agreement requires the deposit for 10 successive years without a withdrawal.
Moved: Director Baxter
Seconded: Director Chatterton
Vote: Motion Carried
Motion: To approve transfer of $10,000 from the Local Planning Services Operating Fund to the Local Planning
Services Operating Reserve Fund.
Local Planning has a projected surplus at year end. There is indication that there will be a legal challenge made on a
PRAC decision in 2018 and the money would be set targeted for any legal costs in 2019 that exceeded the annual
budget. By transferring to the Operating Reserve, it will make the money available in 2019, mitigating impact on that
budget as opposed to carrying surplus into 2020.
Moved: Director Bedford
Seconded: Director Rathbum
Vote: Motion Carried
Motion: To approve transfer of $40,000 from the Solid Waste Services Operating Fund to the Solid Waste Services
Capital Reserve Fund.
There were two capital expenses from the operating budget that were not executed in 2018 that were in the capital
plan. One dumpster ($10k) for the public drop off and landfill gas system engineering and drilling ($30k of $75k) were
not fully executed due to supply issues and spring flooding. The capital reserve allows money to be spent on capital
projects only and is expected to be spent on the same projects.
Moved: Director Baxter
Seconded: Director Bedford
Vote: Motion Carried
Motion: To approve transfer of $11,000 from the Solid Waste Services Operating Fund to the Solid Waste Services
Operating Reserve Fund.
Paving ($11k) repairs to the entrance were not completed in 2018 due to vendor issues. Planning to spend the same
money on this project in 2019 by transferring to the operating reserve so as not to be applied to the 2019 operations
budget.
Moved: Director Chatterton
Second Director Rathbum
Vote: Motion Carried
Marc cL d Date
Executive rector
Fundy Regional Service Commission
26
teed r a ao air y
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
23. Operating Budget to PSA Budget
Revenue
Member charges
Sales of services
Transfers from own and other funds
Surplus of second previous year
Expenditures
Governance
Administration
Regional planning
Regional sport, recreation & culture infrastructure planning & cost-
sharing
Other Services Provided to All Members
Planning and building inspection services
Operations - Solid Waste Service
Financial Services
- Interest
- Other Financing Charges
- Transfer to the Capital Fund - Debt Repayment
- Transfer to the Capital Fund - Asset Acquisition
- Transfer to the Capital Reserve
- Transfer to the Generation Facility Operating Fund
Closure & Post -closure expense
Surplus ( Deficit)
27
Cooperative
Corporate & Regional Local Generation
Services Planning Planning Solid Waste Facility
Budget Budget Budget Budget Budget Subtotal Amortization Transfers Total
$ - $
58,363 $
144,287
$ 2,155,556 $
- $
2,358,206 $ - $
- $
2,358,206
-
-
-
5,328,194
150,000
5,478,194 -
-
5,478,194
253,859
-
-
-
100,099
353,958 -
(353,958)
-
-
12,409
93,273
331,176
436,858 -
(436,858)
-
253,859
70,772
237,560
7,814,926
250,099
8,627,216 -
(790,816)
7,836,400
68,800
68,800 -
-
68,800
185,059
50,772
49,027
1,122,609
5,700
1,413,167 -
(253,859)
1,159,308
3,000
3,000 -
-
3,000
7,000
7,000 -
-
7,000
10,000
10,000
10,000
186,033
186,033 -
-
186,033
4,740,562
244,399
4,984,961 1,833,649
52,480
6,871,090
52,480
52,480
- (52,480) -
- 2,500 24,544
27,044
- - 27,044
1,094,000
1,094,000
(1,094, 000)
510,000
510,000
- (510,000) -
25,000
25,000
- (25,000) -
100,099
100,099
(100,099)
145,632
145,632
- - 145,632
253,859 70,772 237,560 7,814,926
250,099 8,627,216
1,833,649 (1,982,958) 8,477,907
$ - $ - $ - $ - $ - $ - $ (1,833,649) $ 1,192,142 $ (641,507)
53
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
24. Revenue and Expense Support
Revenue .
Member charges
Cooperative and regional planning services
Local planning services
Solid waste tipping fees
Total member charges
Sales of services
Solid waste services
Tipping fees from other sources
Industrial, commercial, institutional
Construction and demolition
Special waste
Recycling
Fibre
Refundable Products
Metals
Paints
Plastics
Other
Other operational revenue
Organics
Compost
Other
Electrical generation
Total sales of services
Government transfers
Environmental Trust Fund
Regional Recreation Development
Province of New Brunswick - Employment assistance
Total government transfers
6'51!
(Restated)
2018 2017
( Unaudited )
Budget Actual Actual
$ 58,363 $ 58,364 $ 40,929
144,287 144,287 85,807
2,155,556 2,429,377 2,262,783
$ 2,358,206 $ 2,632,028 $ 2,389,519
4,648,444
4,642,765
4,401,592
168,000
153,450
143,994
30,000
80,188
137,853
230,000
121,705
239,623
-
11,632
5,248
-
31,408
21,380
3,600
7,137
8,623
-
12,107
13,234
8,750
130,312
77,553
204,400
186,712
194,508
5,000
5,883
1,709
30,000
148,437
13,938
150,000
123,841
104,890
$ 5,478,194 $
5,655,577 $
5,364,145
$ - $ 125,944 $ 76,070
- 41,250 27,500
- 8,108 -
$ - $ 175,302 $ 103,570
anteed S DInfS a c ant
doyle & advisors
Fundy Regional Service Commission
No"tes to the Consolidated Financial Statements
December 31, 2018
24. Revenue and Expense Support (continued)
Expenditures
Corporate Services
Governance
Board Members
Honorariums
Travel
Training and development
Insurance
Total Governance
Administration
Executive Director's Office
Salaries and benefits
Travel
Training and development
Human Resources
Financial Management
Salaries and benefits
Training and development
External audit fees
Other Administrative Services
Advertising and public relations
Legal services
Office equipment and supplies
Printing and copying
Telecommunications
Other
Total Administration
Total Corporate Services Expenditures
Allocated to:
Cooperative and Regional Planning Services
Local Planning Services
Solid Waste Services
6191
(Restated)
2018 2017
( Unaudited )
Budget Actual Actual
$ 46,400 $
42,363 $
42,389
9,400
3,847
4,333
13,000
11,500
11,214
68,800
57,710
57,936
4,000
1,727
7,722
51,594
50,003
49,064
5,000
2,407
4,676
2,500
939
2,339
-
25,424
10,321
71,176
48,404
80,615
2,500
244
1,815
22,000
18,514
25,000
1,000
1,586
1,904
5,000
7,375
2,000
9,589
5,330
5,254
9,700
4,995
21,666
4,000
1,727
7,722
1,000
60
365
185,059 167,008 212,741
$ 253,859 $ 224,718 $ 270,677
$ 50,772 $ 40,113 $ 52,071
10,894 10,578 11,291
192,193 174,027 207,315
$ 253,859 $ 224,718 $ 270,677
tee nd r � �� , w accountants
turi
advisors
30
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
24. Revenue and Expense Support (continued) (Restated)
2018 2017
Expenditures
Cooperative and Regional Planning Services
Allocation from Corporate Services
Regional Planning
Administration
Regional Sport, Recreation and Culture: Infrastructure
Planning and Cost -Sharing
Administration
Other Services Provided to All Members
Economic Development
Total Cooperative and Regional Planning Services Expenditures
Expenditures
Local Planning Services
Administration
Allocation from Corporate Services
Other Administrative Services
Advertising and public relations
Liability insurance
Professional services
Office building
Office equipment and supplies
Printing and copying
Telecommunications
Other
Total Administration
67�
{ Unaudited )
Budget Actual Actual
$ 50,772 $ 40,113 $ 52,071
3,000 - -
7,000 - 6,875
10,000 2,734 -
$ 70,772 $ 42,847 $ 58,946
$ 10,894 $ 10,578 $ 11,291
3,000
1,840
105
5,000
5,000
5,000
12,500
3,844
69
5,888
4,539
3,804
820
347
3,249
900
-
486
8,400
3,546
3,307
1,625
607
891
49,027
30,301
28,202
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
24. Revenue and Expense Support (continued)
Planning and Building Inspection Services
Planning Services
Salaries and benefits
Travel
Training and development
Maps and reference material
GIS operating and planet
Advertising
Planning committees
Other
Inspection Services
Salaries and benefits
Travel
Training and development
Maps and reference material
GIS operating and planet
Total Planning and Building Inspection Services
Fiscal Services
Other Financing Charges
Banking service charge
Total Local Planning Expenditures
31
102,533
101,273
(Restated)
2018
7,200
2017
( Unaudited )
889
1,043
Budget
Actual
Actual
50,000
91,512
56,278
4,500
3,691
2,891
2,500
1,590
2,020
1,000
-
-
750
370
493
2,000
-
-
8,000
3,938
57
300
-
-
69,050
101,101
61,739
102,533
101,273
94,946
8,200
7,200
7,125
4,000
889
1,043
1,500
81
130
750
670
548
116,983
110,113
103,792
186,033 211,214 165,531
2,500 2,976 2,304
$ 237,560 $ 244,491 $ 196,037
" ed � tiers alo ,wu�i^.u�mru�llra it rssi,aH�
57 IU ,�,A accountants
Boyle& advisors
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
24. Revenue and Expense Support (continued)
Expenditures
Solid waste services
Administration
Allocation from Corporate Services
Director's Office
Salaries and benefits
Travel
Training and development
Other Administrative Services
Advertising
Liability insurance
Professional services
Legal services
Office building
Office equipment and supplies
Printing and copying
Telecommunications
Crane Mountain Enhancement Inc (Note 25)
Host Community Enhancement Fund (Note 25)
Public education
Personnel
Advertising, tours and promotional
Other administrative
Amortization
Total Administration
611:3
32
(Restated)
2018 2017
( Unaudited )
Budget Actual Actual
$ 192,193 $
174,027 $
207,315
176,273
172,456
165,725
11,000
3,849
10,259
3,000
3,426
2,658
-
261
416
161,500
124,093
124,339
114,000
72,193
112,949
5,000
9,247
28,982
19,950
12,066
14,612
28,775
18,141
22,690
3,300
3,015
2,479
12,500
9,627
9,992
24,209
24,209
23,969
88,247
89,147
87,373
142,987
138,475
132,202
98,475
207,751
122,536
21,200
25,030
17,464
20,000
25,571
18,341
1,122,609
1,112,584
1,104,301
tee e r V O Vo!Ifd G1V IYiV�Y
�I mll m n�� accountants
doyIVI& advisors
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
24. Revenue and Expense Support (continued)
33
(Restated)
2018 2017
( Unaudited }
Budget
Actual
Actual
Solid waste services
Operations
Station and buildings
Repairs and maintenance
7,000
-
94
Electricity
9,000
8,427
7,095
Property taxes
244,650
232,695
232,695
Environmental health and safety
103,958
92,757
79,388
Amortization
30,000
37,853
26,387
Machinery and equipment
Fuel
169,290
176,475
166,347
Repairs and maintenance
130,160
101,370
104,285
Amortization
200,000
160,549
245,508
Landfill operations
Personnel
735,663
761,694
659,929
Site and road maintenance
47,300
41,919
51,500
Monitoring
58,100
55,124
56,479
Site security and safety
12,700
8,660
10,013
Special waste handling
15,648
9,386
7,177
Cell cover material
130,500
127,091
85,044
Leachate & siltation management
685,273
884,963
666,944
Safety equipment and supplies
32,474
21,486
36,587
Interest
49,150
-
1,767
Amortization
1,050,000
1,025,544
1,084,793
Scale house
Personnel
158,758
167,157
150,451
Supplies
22,400
15,596
14,842
Amortization
25,000
38,607
21,200
Waste diversion
Personnel - Recycling facility
455,142
468,428
409,945
Personnel - Depot collection
382,638
410,933
429,798
Recycling facility
160,350
151,976
131,222
Depot collection program
347,403
263,126
243,674
Amortization - Recycling facility
55,000
62,356
57,974
Amortization - Depot collection program
85,000
95,887
92,616
Composting program
Personnel
264,133
257,132
302,608
Processing
425,522
370,151
375,024
Cart and bin purchases
125,000
117,144
109,755
Interest
3,330
2,416
7,644
Amortization
281,649
294,006
318,700
'll mm� lam
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59
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accountantsl & advisors
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
24. Revenue and Expense Support (continued)
Hazardous household waste
Collection
Disposal
Other
Total solid waste operations
Fiscal Services
Other Financing Charges
Debenture issue costs
Banking service charge
Other Fiscal Services
Closure & post -closure expense
Investment management fees
Total fiscal services
Total Solid Waste Expenditures
Generation Facility
Other Administrative Services
Professional services
Office building
Office equipment and supplies
Total Administration
Operations
Personnel
Salaries and benefits
Travel
Other
Machinery and equipment
Fuel
Repairs and maintenance
Amortization
Total Operations
Total Generation Facility Expenditures
34
(Restated)
2018 2017
( Unaudited )
Budget Actual Actual
8,000
4,582
6,505
25,000
25,366
27,991
4,500
745
1,079
6,539,691
6,491,601
6,223,060
13,448
598
1,662
11,096
10,188
9,416
145,632
122,875
112,750
-
24,725
14,529
170,176
158,386
138,357
$ 7,832,476
$ 7,762,571 $
7,465,718
$ 2,000
$ 3,499 $
2,464
3,200
3,024
2,648
500
-
-
5,700
6,523
5,112
101,699
109,606
121,681
5,000
-
-
4,300
-
-
25,400
6,322
6,802
108,000
53,692
137,827
87,000
86,925
308,243
331,399
256,545
574,553
$ 337,099
$ 263,068 $
579,665
ted under m
60
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Boyle
a co,uroitants
8& advisors
35
Fundy Regional Service Commission
Notes to the Consolidated Financial Statements
December 31, 2018
25. Commitments
Crane Mountain Enhancement Inc
The Commission has committed to provide $ 20,000 annually (adjusted for 1/2 of the annual inflation rate) to Crane Mountain
Enhancement Inc (CMEI) to fund monitoring and educational expenditures for the time period that solid waste facilities are operated at
the site. The annual payment is reduced accordingly if the cash or near cash assets of CMEI exceed $ 60,000.
Monitoring and education funds transferred
Host Community Enhancement Fund
2018 2017
$ 24,209 $ 23,969
As required by New Brunswick Order in Council 2005-112, the Commission allocates a dedicated portion of tipping fees to the Host
Community Enhancement Fund for special projects designed to enhance the facility and/or the host community for the time period that
solid waste facilities are operated at the site. For 2000 and subsequent years, the Commission has committed to provide $ 75,000
annually (adjusted for 1/2 of the annual inflation rate). The Fund is administered by Crane Mountain Enhancement Inc (formerly Fundy
Future Environment and Benefits Council) and the Commission. The eligible funding recipients, project descriptions and funding
amounts are as follows:
Funding Recipient Project Description 2018 2017
Church Of The Resurrection
Friends of Blueberry Hill
Friends of Blueberry Hill
Grand Bay Home and School
Grand Bay Legion Branch #22
Grand Bay Primary
Grand Bay -Westfield Scouts
Grand Bay -Westfield Senior Art Group
Grand Bay -Westfield Volunteer Firefighters
Grand Bay -Westfield Volunteer Firefighters
Honour Our Veterans
Honour Our Veterans
Ketepec Scouts
Martinon Community Centre
Martinon Community Centre
Morna Heights Home and School
Morna Heights Home and School
Morna Heights School
Over 50 Activity Group
RV Community Centre
RV Community Centre
RV Community Centre
RV Volunteer Hunter Education
Stonehammer UNESCO Geopark
Westfield Elementary School
Westfield Elementary School
3 on 3 Summer Basketball
Play park
Maintenance & upgrades to trail system
Tree planting
Greenhouse, seeds & compost
Kitchen
Outdoor classroom
Stoves and cookware
Workshops & exhibitions
Gym equipment
Barbeque
Veteran banners
Sign brackets
Snowshoes and supplies
Insulation
Kitchen appliances & dishes
Books for library
Library storage and seating
i -pads
Tables, chairs, bridge books & playing cards
Refrigeration equipment
Eavestrough
Repair wall leaks
Sponsor young hunters
Concrete Stamps
Playground equipment
Library revitalization
Basketball supplies
$ 11,500 $
10,428
2,168
2,700
3,300
3,422
3,019
9,122
10,501
11,200
1,439
845
415
212
5,110
1,610
299
3,311
4,180
3,716
1,721
861
1,431
2,115
2,168
2,395
3,422
32,484
9,122
19,119
400
400
7,600
8,533
10,964
299
$ 89,147 $ 87,373
e , p�Nims riders � accountants a'0.r�n^tlsa� cou�nt�nt porta $a k s �Ywu s
61 wn IU
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�II� Alu )lI i
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
ONE Peel Plaza, E2L OEI
PO Box 1971
Saint John, New Brunswick
Canada E21, 4LI
Bureau des Commissaires du
Service de Police de Saint John
C.P. 1971
Saint John Nouveau -Brunswick
Canada E2L 4L
EDWARD KEYES
Chair/ Pr6sident
JEFF MCALOON
Vice Chair/Vice Pr6sident
DOUGLAS JONES
Secretary/Secr6taire
BRIAN BOUDREAU
Commissioner/Commissaire
DON DARLING
Commissioner/Commissaire
GARY SULLIVAN
Commissioner/Commissaire
MAIKE WHITE
Commissioner/Commissaire
MICHAEL COSTELLO
Commissioner/Commissaire
BRUCE CONNELL
Chief of Police/
Chef de Police
DAPHNE WAYE
Executive Administrator/
Secrdtaire Administrative
Telephone/77616phone:
(506) 648-3324
E-mail/Courriel:
P' I�azommisslonsara„�h„n
Q�
SAINT JOHN
Explore our past/
Expiorez notre pass6
Discover your future/
Ddcouvrez votre avenir
June 11, 2019
Mayor Don Darling and Members of
Common Council
Your Worship and Councillors:
Re: 2018 Operating Budget — December Year -End (Unaudited)
Financial Results
The Saint John Board of Police Commissioners, at its meeting on
Tuesday, June 11, 2019 accepted and approved the attached
(unaudited) Financial Report of the Saint John Police Force's Operating
Budget as of December 31, 2018.
On behalf of the Saint John Board of Police Commissioners, I am
pleased to provide a copy of this report to Common Council in
accordance with Section 7(3) of the New Brunswick Police Act.
Respectful
Edward Keyes, Chair
Saint John Board of Police Commissioners
EK/dew
Attachment
�, I
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
COMMITTEE OF THE WHOLE
June 11, 2019
Mr. Edward Keyes, Chair and
Members of the Board of Police Commission
Chair Keyes and Members
SUBJECT
2018 Operating Budget — December Year -End (Unaudited) Financial Results
BACKGROUND
The purpose of this report is to provide the Board with an update on the
(unaudited) year-end financial position of the Saint John Police Force's Operating
Budget as of December 31, 2018.
FINANCIAL HIGHLIGHTS
For the period ended as at December 31, 2018, the net operating expenses for
the Saint John Police Force were under budget by $278,188 or 1.10%.
There are seven key areas that contributed to this budget variance.
1. Revenue surpassed the annual target by $275,378.
2. Salaries and Wages were under budget by $636,894.
3. Overtime costs exceeded budget by $305,112.
4. Extra -Duty overtime expense was $101,160 and is 100% recoverable.
5. Court Time and Other Personnel costs were over budget by $117,743.
6. Fringe Benefits were under by $53,423.
7. Good and Services were over budget by $163,492.
W
Chair Keyes and
Members of the Board of Police Commission
June 11, 2019
Page 2
Subject: 2018 Operating Budget December Year End (Unaudited) Financial Results
Budget Analysis
REVENUE OFF -SETS
The $275,378 in additional revenue was generated from extra -duty assignments,
cost recovery opportunities through investigative joint operations, and funding from
the Public Safety to defray the expense to conduct Standard Field Sobriety and
Drug Recognition Expert training.
SALARIES AND WAGES
Salaries were under budget by $636,894 and this relates to vacancies that
occurred during the year and these savings will be used to cover the increase in
overtime and court time expense.
OVERTIME
Saint John Police Association (SJPA)
The overtime costs were over budget by $305,112. The Patrol Division accounted
for $271,274 and the Criminal Investigation Division was over budget by $26,215.
The overtime expense for Extra -Duty was $101,160 and this amount is 100%
covered from billings to third parties for paid overtime assignments.
OTHER PERSONNEL COSTS
Court Time - Saint John Police Association (SJPA)
The cost for court time exceeded budget by $113,014.
GOODS & SERVICES
The various Goods and Services accounts were over budget by $163,492.
Chair Keyes and
Members of the Board of Police Commission
June 11, 2019
Page 3
Subject: 2018 Operating Budget — December Year End (Unaudited) Financial Results
RECOMMENDATION
• It is recommended that the Board accept and approve this (unaudited)
Financial Report for the period ended as at December 31, 2018 and
forward a copy to Common Council as required under Section 7 (3) of the
New Brunswick Police Act.
Attached reports and documents:
• Consolidated Statement of Operations — December 31, 2018
• Budget Variance Analysis — December 31, 2018
Respectfully submitted,
Marven Corscadden, CPA, CGA
DIRECTOR HR & FINANCE
ce Connell
CHIEF OF POLICE
SAINT JOHN POLICE FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended December 31, 2018
Budget
Expenses
Variance
Current Variance
Timin Actual
$25,689,293
$25,686,483
$2,810
-
$2,810
Expense Cate,,gory ,,
Variance
Explanation of Variance
Salaries & Wages
$636,894
• Salaries: Non -Union under budget by
$120.
• Salaries: Local 486 under budget by
$69k.
• SJPA Police Officer wages under
budget by $449k.
Overtime
($406,272)
i
. Overtime: SJPA-Patrol: Over budget by
($271 k).
• Overtime-SJPA-Criminal
Investigations: Over budget by ($16k).
• Extra -Duty Overtime - Over by ($101 k)
and this expense is 100% recovered with
earned revenue as all hours paid are
invoiced to 3`d parties for Extra—Duty
assignments.
Other Personnel Costs
($117,743)
Court Time: Over budget by ($116k).
...............................................................................................................................
Fringe Benefits
...................................................
$53,423
.............................. __. .................................................. ............. ......................................................................................................................
Benefits: The rate for police officers is at
28.6% and 24.8% for civilian employees.
This rate now includes the employer
portion the Long -Term Disability (LTD)
program and the Shared Risk Pension
plan. 1t also includes El, CPP, WCB and
employee group benefit costs.
General Services
($128,922)
. Telephone: Under budget by $27k.
• Radios: Over by ($189k) — Savings from
other areas of the operating budget were
used to make a one-time pay down on the
capital expense for Police Trunk Mobile
Radios.
• Employer r Training: ~Under b $22k.
C��
Saint John Police Force — December 31, 2018
Budget Variance Analysis
..�x_lp .......... ......................... . ................. .
.�nse Catejl�.
Variance
. . . . ................... .... .
Explanation of Variance
. ... . . . . . .............. . . . . . . . . ............ . . . .... ....
Insurance
($69,649)
Deductible Account: Over budget by
($72k) and this is a direct charge back
to Police via the City's insurance
department for 3rdpartycivil claims
(damages) against Police.
Professional Services
($91,806)
Legal: Over budget by ($28k).
• Other Professional Services: Over
budget by ($67k).
Other Purchased Services
($43,348)
................. ........_.m
Other Purchased Services: Over
...... . ........ ..................... . . . . . . . . . . ....... . ....... .. .
. . ................. . . . . . ............................................. .
budget by ($43k).
. ............................ . . . . . ............................
Repair & Maintenance
$2,420
. . ..................................
No significant variance at the end of
. . ................ ............... . ........ . . . ......................... . .
.
2018.
. ..................................... ...... . . . . . . - . . . . . ............................... . . . . ......................... . .. —
Rentals
$76,131
* Equipment Rentals: Over budget by
($26k).
0 Vehicle Rentals: Over budget by ($22k),
• Building Occupancy Charge for One
. .. . .................................................................. . . . . . . ............
.
Peel Plaza- Under budget by $123k.
. ............................................................................................
Purchased Goods
($28,311)
Special Investigative Operations: Over
budget by ($31k) and this was recovered
from CSINB when conducting several
.......................... . . . . . . . . . .. . . . . . . . . ........................ . .....
joint operations in 2018.
. ............. . . . . . . . . . . . . . . . . . . ................................... . ..... - __ . . ..................................
Government Services
($58)
No significant variance at the end of
. ........................... . . . ..............................
2018.
Internal Services
. ..... . ..................
($583)
.. ................................................................ . .. . . . . . . . . . ...................... . .. . . . . . ............... .
0 Fleet Maintenance - $38k - The cost
for maintenance was under budget.
0 Fleet Fuel - ($32k) - The fuel costs
. . ..................... .......... .......................................
were over budget at year-end.
. .........
21 P a lgie
Saint John Police Force — December 31, 2018
Budget Variance Analysis
Expense riance Cateor Variance Ex lanation of Va
��,.�, . ..
.......
Asset Purchases $120,635 • Vehicle Purchases — $164k — This
specific budget account was under
budget at end of the year and these
savings were used to off -set other
I
expenses in the operating budget.
i
• Other Assets — ($45k) — Twelve (12)
additional portable radios were
purchased to provide every officer with
their own unit to enhance safety.
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C:1']
To: Mayor and Council of the City of Saint John I JUN 2 7 2019
Re: Safe Pedestrian Access
Your Worship and Council,
Safe Pedestrian Access remains a foreign concept for the decision makers of this city. Something is
wrong when painting a crosswalk at a dangerous pedestrian barrier constitutes a liability and the only
solution is a one hundred thousand {$100,000.} dollar fix.
By law, pedestrians have the right of way at any intersection, marked or not. A crosswalk is just a visual
reminder to motorists to obey the rules of the road, so how is a crosswalk a liability?
The elusive Move SJ is purportedly responsible for pedestrians yet their documented priorities read
more like something from a lobbyist group for cyclists and the high maintenance recreational trail of
Harbour Passage than a bona fide, pedestrian inclusive, transportation plan.
Move SJ's failure to attend the 2017 municipally hosted Growth and Community Development three day
South End Summit speaks volumes as to the true agenda of this publically funded entity.
Safe Pedestrian Access is a priority of the citizens who live in Saint John and must be treated as such by
our decision makers, wherever they reside.
Respectfully,
Mary Ellen Carpe r
41 Crown St. #207
Saint John, NB. E2L OE2
(506) 899-0519
Me]
To: Mayor and Council of the City of Saint John
Re: Bus Drivers
Your Worship and Council,
r:
V ,Ca
JIUN2D'19
Bus drivers are the face of Saint John Transit. These dedicated professionals interact daily with the
public and are to be commended for the safe courteous service they provide.
According to Right to Information and Protection of Privacy Act, Saint John Transit, a publically funded
entity whose primary purpose is to directly service the public, has no customer service policy except for
the limited information printed on transfers and monthly passes.
Interpretation of "continuous travel" and "travel in the same direction" differs drastically from driver to
driver. This is not surprising considering the inefficient, back -tracking, overlapping route redundancy of
SJ Transit's current system.
Inquiries concerning these inconsistencies are directed to the Transit office where responses range from
nonsensical to outright lies. Saint John Transit's failure to provide customer service clarification too
often results in unpleasant passenger confrontation yet it is unfair to blame the drivers for just following
orders.
A professional evaluation of Saint John Transit by experts from outside the Greater Saint John area is
overdue.
Respectfully,
(A
Mary len Carpe tern
41 Crown St. #207
Saint John, NB. E2L OE2
(506) 899-0519
71
1 41
COUNCIL REPORT
M&C No.
2019-163
Report Date
July 02, 2018
Meeting Date
July 08, 2018
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposal for Cured -in -Place Point Repair Liners
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jason Leclerc
Brent McGovern
John Collin
RECOMMENDATION
It is recommended that the standing offer agreement for the supply and installation
of Cured -in -Place Point Repair Liners and associated work be awarded to Industrial
Hydro -Vac NB Limited for 2019 with an option to extend for years two through five.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval for the award of the supply
and installation of cured -in-place point repair liners and associated work to support
advancement of the City's sewer maintenance program. During inspections of the
sewer collection systems, defects are identified that can be repaired with cost
effective trenchless technologies.
This inititive was approved as part of the 2019 budget process for the 2019 Water
and Sewerage Utility Fund.
Advancing this sewer maintenance program supports the sustainable management
of sanitary sewer infrastructure by extending the useful life of the sewer assets at
the lowest possible cost while also minimizing disruptions to motorists and
businesses.
PREVIOUS RESOLUTION
Not applicable
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STRATEGIC ALIGNMENT
Valued Service Delivery — Saint John invests in sustainable City services and
municipal infrastructure. The award of the standing offer agreement for Cured -in-
place Point Repair Liners and associated work supports Council's Priorities and in
this case reinforces the customer -focused services by exploring service
improvements through innovation and technology.
REPORT
In 2018, as part of the sewer asset management and maintenance program, a
standing offer agreement was issued for CCTV Video inspection and associated
works in order to greatly improve the accuracy and completeness of the asset
management data as well as to provide ongoing inspection of the sewer collection
system. The inspection program has provided Saint John Water with an improved
understanding of asset conditions. It has also provided Saint John Water an
opportunity to implement the latest technology in trenchless repairs or Cured -in -
Place Point Repair Liners.
As part of the CCTV Video Inspection program, the City now inspect 65,OOOm every
year in order to complete a system wide inspection every 10 years. As part of these
inspections, multiple defects are discovered that are suitable for sewer
rehabiliatiation by trenchless technology.
The advantages of trenchless technologies like Cured -in -Place Point Repair Liners
are that the repair has a reduced cost over traditional construction methods as it
avoids the traditional approach of street excavation, limited disruptions to the
public and they enable Saint John Water to extend the life of the asset at the lowest
possible cost. Cured -in -Place Point Repair Liners also allow for the prevention of
serious sudden sewer failures or backups which limits the City's liability while at the
same time improving the level of service.
SERVICE AND FINANCIAL OUTCOMES
Saint John Water will be the primary user of the Supply Agreement but other
departments like Transportation and Environment Services will also benefit from
this standing offer to complete Cured -in -Place Point Repair liners for the storm
sewer infrastructure.
The total estimated cost of this one year standing offer agreement will be
approximately $75,000 plus HST, which will be managed within the 2019 approved
budgets.
rX
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the Request for Proposal (RFP) process to solicit
proposals for Cured -in -Place Point Repair Liners.
As such the RFP closed on Thursday, May 16, 2019 with the following companies
responding by submitting proposals:
➢ AVL Construction Group Inc. — Drummond, NB
➢ Eastern Trenchless Limited — Fredericton, NB
➢ Services Infraspec Inc. — Laval, QC
➢ Industrial Hydrovac NB Ltd. — Saint John, NB
A review committee, consisting of staff from Materials Management and Saint John
Water reviewed the submission for completeness and compliance with the RFP
requirements and selection criteria consisting of the following:
1. Quality and Completeness
2. Proponent's Experience
3. Experience and Qualification of Key Personnel
4. Equipment
5. Cost
The submission from Eastern Trenchless Limited was rejected as non-compliant due
to an unapproved alternate repair liner product being submitted which does not
meet the requirements of the RFP.
The proposal submitted by Industrial Hydro -Vac NB Limited was ranked highest by
the evaluation committee and met all the requirements set forth in the RFP at the
lowest cost.
The above process is in accordance with the City's Procurement Policy and
Materials Management support the recommendation being put forth.
ATTACHMENTS
No Attachments
rL!
1 41
COUNCIL REPORT
M&C No.
2019-169
Report Date
July 02, 2019
Meeting Date
July 08, 2019
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Online Payment Solution
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Sarah Ranson
Anne Drew
Stephanie Rackley -Roach
Kevin Fudge
John Collin
RECOMMENDATION
The City Manager recommends that this report be received and filed.
EXECUTIVE SUMMARY
City and Saint John Parking Commission staff are ready to launch the online
payment tool, Paymentus, for parking tickets. Paymentus conforms to industry
security regulations for credit card payment processing. The Information
Technology and Finance teams have completed the necessary actions to secure
and test the online payment tool.
PREVIOUS RESOLUTION
N/A
REPORT
At the January 28 2019 Council Meeting, Council was advised that City staff were
investigating another online payment solution to replace Click2Gov. The new
payment solution was to be in place by the end of the second quarter of 2019.
The purpose of this report is to introduce the new payment method.
Paymentus is a paperless electronic payment solution that the City has been
using since May 2017 for monthly parking payments. Paymentus is Payment
Card Industry (PCI) Certified, which requires adherence to all of the PCI DSS data
security standards. The PCI Security Standards Council is a global forum for the
ongoing development, enhancement, storage, dissemination and
01
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implementation of security standards for account data protection. It also
provides critical tools needed for implementation of the standards.
The City currently has an agreement with Paymentus for service for the monthly
parking customers. This agreement was approved by Common Council in 2017.
Other Canadian Paymentus customers include Saint John Energy, Halifax
Regional Municipality, City of Charlottetown, Gazifere Quebec, City of Ottawa,
City of Guelph, and BC Hydro.
As part of the City's due diligence to protect our customers, the City worked with
cybersecurity experts to complete vulnerability scanning and remediation efforts
on the City's technical infrastructure to provide a secure link to the Paymentus
tool to complete payment transactions. Users are advised they are leaving the
City's website and of the URL for Paymentus, a PCI compliant tool for making
secure on-line payments.
The Paymentus payment method will be launched July 15 2019. At this time, the
link on the City's website to the online payment function for parking tickets will
be published.
STRATEGIC ALIGNMENT
As outlined in Council Priorities, the City supports valued customer service
delivery. Adopting this payment method for parking tickets provides citizens the
ability to make online payments securely.
SERVICE AND FINANCIAL OUTCOMES
Paymentus does not have a reoccurring monthly cost to make secure online
payment of parking tickets available through the City's website given the current
agreement with the vendor. There was a nominal one-time fee for set-up which
was off -set by costs associated with the previous payment solution.
While the City was working to implement a new online payment solution for
parking tickets, call volume for phone payments increased significantly. As
customers migrate back to the self-service option for paying parking tickets, staff
time will be saved.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Solicitor's Office, Finance Service, Information Technology Service, and
the Saint John Parking Commission have worked together on implementing this
payment solution for parking tickets.
ATTACHMENTS
None.
01.1
1 41
COUNCIL REPORT
M&C No.
19-173
Report Date
July 02, 2019
Meeting Date
July 08, 2019
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Succeed and Stay Project - Research
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
David Dobbelsteyn
Jacqueline Hamilton/Phil
Ouellette
John Collin
RECOMMENDATION
RESOLVED that the City enter into an agreement with the University of New
Brunswick for the Succeed and Stay Project.
EXECUTIVE SUMMARY
With the release of the City's new Population Growth Framework in 2018, the
City has been on a trajectory towards growing our population base.
To enable the delivery of the Framework, the City entered into an agreement
with the Atlantic Canada Opportunities Agency and the Government of New
Brunswick called the Succeed and Stay Project in 2019.
A major part of Succeed and Stay is research based, and staff are recommending
that the City retain the professional research services of Dr. Mikael Hellstrom to
assist the City with research on why some immigrants integrate into Saint John
and some leave.
The agreement with UNB is relatively simple, though staff from both UNB and
the City are recommending a signed agreement in order to provide clarity on
intellectual property.
Staff is recommending that the Mayor and Common Clerk be authorized to
execute the attached agreement with UNB (Attachment A).
rrA
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PREVIOUS RESOLUTION
February 11, 2018:
Succeed and Stay Project
RESOLVED that pursuant to applications for funding made by The City of Saint
John (the "City") to the Atlantic Canada Opportunities Agency ("ACOA") and to
the Province of New Brunswick (the "Province"), Common Council approves a
funding agreement with each of ACOA and the Province,
STRATEGIC ALIGNMENT
The Succeed and Stay Project aligns with Council's priorities of:
Growth and Prosperity:
• We grow in a smart way and attract talent, innovation and
opportunities so all residents can thrive
• Promote Saint John as a community to live, work and play to grow
the residential tax base
Valued Service Delivery:
Explore service improvements through innovation, technology
and developing partnerships with other organizations.
The Roadmap for Smart Growth:
• Action # 15
The Population Growth Framework:
• Actions: 4, 16, & 17
REPORT
The Population Growth Framework is our City's new strategy to achieve
population growth. The Vision of the Framework is that Saint John will become
the most welcoming community in Atlantic Canada. In doing so, we hope to have
even more people move here and call Saint John home.
In order to more quickly drive this growth agenda, Council entered into
agreements with ACOA and GNB earlier this year called Succeed and Stay.
Part of this project is specific research that seeks to identify variables and
determinants that contribute to the long-term retention of immigrants, and the
long-term success and integration of immigrants in Saint John - in other words,
why do newcomer's Succeed and Stay in Saint John?
N-11
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The City has created an advisory committee for this research project made of up
stakeholders with academic expertise in this area, including UNB Saint John,
EDGSJ, the Human Development Council and representatives of the Local
Immigration Partnership.
City staff have also assembled a multi -disciplinary team to lead the research
project and are recommending that the City enter into an agreement with UNB
for the research services of Dr. Mikael Hellstrom as outlined in the attached
Succeed and Stay Research Project agreement with UNB.
As the City's research project with UNB involves intellectual property, and the
City's agreements with ACOA and GNB have specific requirements on intellectual
property, staff recommend an agreement with UNB to clearly define the
parameters of intellectual property ownership.
SERVICE AND FINANCIAL OUTCOMES
Funding for the agreement with UNB is fully covered through the existing
Succeed and Stay agreements with ACOA and GNB.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input has been received from Growth and Community Development Services,
Human Resources, Materials Management, Finance, Asset Management, IT, and
the Legal Department. Input has also been received from ACOA and the Succeed
and Stay Advisory Committee.
ATTACHMENTS
Attachment A: UNB Succeed and Stay Research Project Proposal
Wel
UNIVERSITY OF NEW BRUNSWICK
June 14, 2019
The City of Saint John
PO Box 1971
Saint John, NB
Canada
E2L 41-1
Attention-. David Dobbelsteyn, Population Growth Manager I Directeur de la croissaince
d6mographiique
Further to your discussion with Dr. Joanna Everitt, Director, Urban and Community
Studies Institute, University of New Brunswick, we are pleased to submit herewith our proposal
to carryout the work described below. If the Terms of Reference for the work as set out herein
are acceptable to you, please confirm by signing and returning one copy of this letter which will
then become the Agreement between The City of Saint John (the "Client") and the University of
New Brunswick (the "University").
We appreciate the opportunity to work with you and look forward to the successful
completion of the work,
Terms of Reference:
The Work shall consist of determining specific factors and determinants that contribute
to the successful integration of immigrants in Saint John concomitant with long term
retention (>5 years); and, to gather rigorous data on services that newcomers to Saint
John use, and to inform efforts to increase newcomer attraction and retention in Saint
John, all as further described in the attached Statement of Work (Phase 1) (Appendix A),
which forms a part of this Agreement.
Z Unless otherwise agreed,the Work wiIII begin on June 17, 2019 and shall end on Augus,
30, 20M
The University will conduct the work for a lump sum fee of nine thousand, three hundred
& seventy five Canadian dollars ($9375.00CAD)
I I IN I'; I I IT I I I III I Ii I III I I ii I M I
5 (a) Client and University may disclose Information, marked "Confidential", one to the
other to facilitate this work. Unless already known or public, such information
shall not be disclosed to any third Party without the express written authorization
of the issuing party. This Article survives termination of this Agreement.
110 %30X 4400 F0 I15050
�i,ukleiI NB So�w Joho, NF3
Canada IF., 3B 5A3 Canad,) E211 415
(,,,f I V ' n
R�.-mrn 215, 3 BFdIley Dnve
FrI-idowion NG E3B 5A3
506 453 4614,
5136 453 3522
E-1191
(b) Except with the prior written consent of the Client and subject to the
confidentiality requirements, no reports or papers on the work, either oral or
written, shall be published by the University until twelve (1 2) months after the
Client has received the final report. Requests for earlier publication shall be
made to the Client, with draft copies, not less than 90 days before proposed
publication.
(c) Background Intellectual property owned, independently conceived, reduced to
practice, or writing by the University prior to entering into the Agreement with no
facilities, contribution, involvement or support by the Client, as to its conception,
shall remain the sole and exclusive property of the University, and the Client shall
have no title or claim to such intellectual property.
(d) Background Intellectual property owned, independently conceived, reduced to
practice, or writing by the Client prior to entering into the Agreement with no
facilities, contribution, involvement or support by the University, as to its
conception, shall remain the sole and exclusive property of the Client, and the
University shall have no title or claim to such intellectual property.
(e) Foreground Intellectual property, meaning all information of a scientific, technical,
or artistic nature, first conceived, developed, or reduced to practice for the Client
(Article 1), shall be owned by the Client, subject to the payment by the Client to
the University of the full amount due under the provisions of this Agreement. The
Client grants the University a non-exclusive, unrestricted royalty -free license,
subject to confidentiality requirements, to use the foreground intellectual property
for non-commercial purposes.
(f) Where a graduate student is employed in the work, the graduate student will own
the copyright to the thesis developed in conjunction with this project. The
graduate student will not be delayed in any way by the requirements of this
agreement in writing and presenting his or her thesis to meet the usual academic
requirements for graduation.
6. (a) Client shall indemnify University against all costs, suits, or claims resulting from
the use by Client or its customers or licensees of any deliverable or project
results developed by University under this Agreement.
(b) University shall indemnify Client against all costs, suits or claims on account of
injuries to persons participating in the Project or damage to University property
during the performance of this Agreement.
(a) The University will render its professional services to the Client with that degree
of care, diligence and skill consistent with accepted norms of sound practice.
(b) The University does not purport to be knowledgeable in the application of the
results of the work to the various scientific, industrial, commercial or regulatory
disciplines, beyond the services described in Article 1.
(c) The Client will make available to the University all relevant materials, information
or data pertinent to the work which is required by the University, in timely
E -11I
manner. The University shall be entitled to rely upon the accuracy and
completeness of such information and data and shall not be responsible to the
Client for the consequences of any error or omission contained therein.
8. (a) Changes in the scope of the work will oMy be implemented upon written
authorization from the Client. Fees for changes shall be as agreed upon by the
parties or shall be in accordance with, the schedule in Article 3.
(b) Termination of the work may be by either party upon two (2) weeks notice to the
other. Payment in this event shall be for the work completed and/or committed at
termination as a proportion of the total work authorized,
9. This Agreement shalll be governed by the laws of the Province of New Brunswick and
shall be subject to the jurisdiction of the Courts of New Brunswick.
I - I I - ^♦
- day of '2019
The City of Saint John
Jonathan Taylor, Common Clerk
E:3►
Dr. °Xbanna Everitt
Kelly Ashfield, P.Eng,
Executive Director,
allffij-- �-CLRP-54e-?.ML R-Rldrp-'51�
Appendix A
Statement of Work
Succeed and Stay Research Project
E:ic3
June 12, 2019
Succeed and Stay Research Project
Staternient of Work — Co-lnvestlgator
5,cope of Work
The City of Saint John has assembled a diverse research team for the Succeed and Stay
Research Project. The City is requesting that Mikael Hellstrom, Ph,D. of the Urban and
Community Studies Institute of the University of New Brunswick (U NB) be assigned as
co -investigator of the project.
Project Objecfive;,s
To determine specific factors and determinants that contribute to the successful
integration of immigrants in Saint John concomitant with long term retention (>5
years); and,
To gather rigorous data on services that newcomers, to Saint John use, and to inform
efforts to, increase newcomer attraction and retention in Saint John.
SUpervision
The person with primary responsibility for the overall management of the performance
of the research project is the Population Growth Manager. The City has also chosen
Duyen Nguyen, PhD, as the Principal Investigator of the project with responsibility for
technical supervision of the project.
Co investigator Responsibiktaes:
Assist the Principal Investigator in all facets of the research project and to specifically,
* Identify the determinants as to why Newcomers Succeed and Stay in Saint
John, and seek to find commonalities between them;
* Conduct up to 50 semi -structured interviews (or until data saturation) with
Newcomers to Saint John.
* Conduct background literature review, assist with overall research design and
implementation, draft items for data collection tools, co -present to advisory
committees, draft and assist with ethics applications;
* Assist with participant engagement and recruitment;
* Assist the research team in publishing reports on their findings;
* Publish a comprehensive report on why, some newcomers succeed and stay,
and others do not.
* This report will offer a detailed analysis of factors that are predictors of
a potential new resident succeeding and staying in Saint John and
discuss themes that would have policy implications.
* This report is due before the end of 2019
The Succeed and Stay research project will formally begin on June 17, 2019 and will be
substantially completed by December 31, 2019, with follow up work and secondary
reports to conclude by April 30, 2020
Con')persation og, stics
Compensation
=- kip
The City of Saint John will provide $9375 to UNB for the research services of Dr.
Hellstrom for a period of 10 weeks at 35, hrs, per week, beginning on June 17", 2019
Period 2
U N B In conjunction with the Hu m a n Development Cou ncil (HDC) will apply to M ITACs
for $33,333 (8 Months), in postdoctoral funding for Dr. Hellstrom through their
accelerate program. If the application is successful, the City will provide $16,666 to
HDC to cover their half of the costs owing to MITACS.
If the MITACS application is unsuccessful, the City will provide $16,666 to, UNB for the
service°s of Dr. Hellstrom for a period of 17 weeks (4 Months) at 35 hrs. per week,
beginning on Sept 2, 2019.
Logistics
For the duration of this period, Dir. Helistrom will not be an employee of the City of
Saint John, but will be seconded to the research team;
The City will provide Dr. Hellstrorn with the use of an office; laptop; office phone;
network, printing, internet access, parking and work related mileage costs;
The City will cover other costs of the research project, including necessary supplies,
or compensation for research participants
P('), BOX 1971 CA 1971
Saint John, NO saint, lc')hn' N - E,
Canada EA 40 Canada EA 411
EMEMEMM
1 41
COUNCIL REPORT
M&C No.
2019-164
Report Date
June 28, 2019
Meeting Date
July 08, 2019
Service Area
Finance and Administrative
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Licence Agreement for Moonlight Bazaar on City Property
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
1. That the City enter into a Licence agreement with Five & Dime Inc. hereby
called the "Organizer" for $1.00 to grant its agents, employees, partners
and contractors access to and use the City owned property, identified as
PID No. 8979 for the Moonlight Bazaar event, including the painting of a
mural on the City retaining wall, and further removal of same, subject to
the following terms and conditions:
a. the Licence shall commence on July 15, 2019 and conclude at 11:59
pm (local time) on July 21, 2019;
b. that Five & Dime Inc. shall, at no expense to the Licensor, obtain and
maintain in full force and effect during the entire term of this Licence,
a Commercial General Liability Insurance policy with policy limits of
not less than five million dollars ($5,000,000.00) inclusive per
occurrence for bodily injury and property damage; which policy shall
name the City as an additional insured and shall contain a cross -
liability clause and host liquor liability coverage;
c. proof of insurance stated in (b) above is due on or before close of
business July 12, 2019;
d. all damages, cost, claims, demands, actions, suits or other proceedings
by whomsoever claimed, made, brought or prosecuted in any manner
and whether in respect of property owned by others or in the Licensee
does hereby indemnify and save harmless the Licensor from respect of
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damage sustained by others based upon or arising out of or in
connection with the use of the Licensed Area;
e. the Organizer is responsible for security of the area and their property;
f. that the organizing committee has made satisfactory arrangements
with the Saint John Parking Commission for the temporary relocation
of the necessary parking spaces for the users of the parking lot for the
length of time as noted above in (a);
g. the provision of washroom facilities will be the responsibility of the
Organizer;
h. the site is to be thoroughly cleaned to the satisfaction of the City of
Saint John representatives when the event has concluded;
i. that Five & Dime Inc. or its representatives be authorized to make
application for any permit that is required in conjunction with the
Moonlight Bazaar event; and
j. that the proponent provide $1,000.00 to the City to be used for future
maintenance of the art work, as the City deems appropriate.
2. That the Mayor and Common Clerk be authorized to execute the Licence
Agreement.
EXECUTIVE SUMMARY
The organizing committee for the Moonlight Bazaar event, being Five & Dime
Inc. is requesting to use the City's property, which is a commercial parking lot for
part of its event this year. The event would occur on Saturday, July 20th with the
organizers requiring access and use of a portion of the site during the week
leading into the day of the event. This additional lead time is requested to allow
an artist access to the parking lot in order to paint a mural on the retaining wall
that forms part of this property. Attached is the proposed site layout for this
event.
The terms and conditions contained in the recommendation of this report will be
included in a Licence agreement that will provide Five & Dime Inc. and their
agents the access they requested and also protect the City against any
unforeseen circumstances.
PREVIOUS RESOLUTION
Common Council, at its meeting of June 3, 2019 approved a recommendation
from the Chief of Police to allow the temporary closure of public streets, being
portions of Canterbury and Grannan Streets, along with the consumption of
E:Yl
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alcoholic beverages in public places in conjunction with the Moonlight Bazaar
event.
STRATEGIC ALIGNMENT
Providing for entrepreneur opportunities and special events in the City's Uptown
Core aid in creating a livable community that is vibrant and diverse, while
providing an integrated approach to economic development.
REPORT
Further to the comments contained in the Executive Summary.
The Moonlight Bazaar event has been a huge success for the past two (2) years it
has operated in the vicinity of Grannan and Canterbury Streets. It continues to
grow and evolve and as a result, the organizing committee has approached the
City to use the City owned parking lot for this year's event. The City lot would be
occupied for the use of a beer tent along with a number of other vendor's. An
artist would also be on-site during the week leading into the day of the event to
paint a mural on the City's retaining wall which forms part of the property. The
City's Arts and Culture coordinator and the City's Heritage Officer have reviewed
the organizer's plan for this mural and are supportive. The paints to be used are
not corrosive in any way to the concrete retaining wall and the design of the
mural would be tasteful. The event organizer expects the mural to have a life
span of ten years or more and is prepared to provide up to $1,000.00 towards
any necessary maintenance to the mural. The City at any time in the future may,
if it considers it necessary, to remove and or paint over the mural.
Various City departments and agencies have been advised and are supportive of
the event and the temporary use of the parking lot. The terms and conditions as
set out in the recommendation contained in this report will facilitate the
proposal/event and protect the interests of the City of Saint John.
SERVICE AND FINANCIAL OUTCOMES
The various City Departments involved with this proposal are supportive of this
event and will coordinate their respective responsibilities for the use of this site
to ensure this event is a success.
There are no financial costs to the City associated with this project other than
providing the site, while the tourism benefits and Uptown added vibrancy to the
City highlighting this event is significant.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Risk Management, Saint John Parking Commission, Growth and Community
Development Services, Transportation and Environment Services were all
E:1:3
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advised of this proposal and their input has been provided into this report where
applicable. This report has been forwarded to the City Solicitor's office for
review of the terms and conditions.
ATTACHMENT
1. Location Map;
2. Site Map with Letter of Request.
E.IUO
Moonlight Bazaar Event: City Parking Lot
Printed: 0612611910:38:58 AM
.e
Moonlight Bazaar/Art Installation in Canterbury
Parking Lot
The Moonlight Bazaar is an urban event that was created in 2017 in Uptown
Saint John. The Bazaar brings together music, food, art, and creative
performances Into one unique experience. Fortune telling, video projections,
food stalls, local beer & spirits, and fine art & craft items are a few of the
core features that bring the experience of the Bazaar to life.
In addition to the experiential components of the event, there are various
interventions to the physical space that inspire new enhancements that
Improve the experience and/or aesthetics of the event area. Sod is
temporarily laid on a portion of one street, for example, with string lights
strung above, providing a soft, relaxing environment that contrasts sharply
with the surrounding context of brick and asphalt.
In this spirit, for this year's Moonlight Bazaar, the Event Team is seeking
permission to introduce a high-quality, permanent art installation on the
retaining wall located on the eastern portion of the parking lot at the corner
of Princess Street and Canterbury Street. The piece would be Installed over
the course of the week leading up to the Bazaar and remain indefinitely on
the wall until the City either wishes to remove it or the lot gets developed.
The event team is also planning to locate three or four vendors In the parking
lot during the Bazaar, Including a Moosehead beer tent. The other vendors
will be selling either food, clothing, or arts & craft items.
The paint used for the installation will not need maintenance for at least 10
years. The Moonlight Team Is dedicated to contributing $1000 toward a
legacy fund that can be put toward the future maintenance of the art piece.
Finally, the Event Team will be providing insurance for the artist for the week
he will be installation the artwork, and the City will be named as co-insured
on the coverage Plan.
Don't hesitate to contact me if you have any questions or concerns with the
above.
Jody Kliffer
Events and Experiences Lead
jody@civilized.life
(506)898-0020
021
Site Plan
Elm = Fenced Entry/Exit
points
Location of 6
porta potties
Location of
Generator
Location of Event
Headquarters
1 41
COUNCIL REPORT
M&C No. 2019-160
Report Date
June 20, 2019
Meeting Date
July 08, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Sale of Portion of Land at Mispec Beach to the Province
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Curtis Langille
K. Fudge/1. Fagan
John Collin
RECOMMENDATION
That Common Council enter into the Corporate Agreement of Purchase and Sale with
Her Majesty The Queen in Right of the Province of New Brunswick, as represented
herein by the Minister of Transportation and Infrastructure, attached hereto M & C #
2019-160, and further directs the Mayor and Common Clerk to execute any document
necessary to effect the transfer.
EXECUTIVE SUMMARY
The Department of Transportation and Infrastructure (DTI) is planning to replace a
culvert on Red Head Road, near Mispec Park Beach. The existing culvert is in poor
condition and is in danger of failing. There is also significant erosion around the pipe,
resulting in a temporary detour already in place. DTI are planning to do the work this
summer.
To properly complete the work, the Department needs to construct a dissipation pool at
the outlet end of the culvert. This would necessitate the purchase of approximately 104
mZ from the City of Saint John. A survey plan showing the area they require is attached
with the area colored in blue. The purchase price would be $1.00 with all costs to be
paid by the Province.
As the construction season has already commenced, DTI are requesting early access to
the City parcel to conduct the work, prior to the completion of the Land transfer, which
forms part of the attached agreement.
PREVIOUS RESOLUTION
N/A
0L!
-2 -
STRATEGIC ALIGNMENT
Staff aims to provide open, transparent and consistent internal process to facilitate
investment and development, while maintaining City standards that align with the City's
economic health priorities.
REPORT
The Department of Transportation and Infrastructure (DTI) is planning to replace a
culvert on Red Head Road, near Mispec Park Beach. The culvert currently in place, a
2000mm corrugated steel pipe, is in poor condition and is in danger of failing. There is
also significant erosion around the pipe. DTI are planning to replace it with a 2400mm
concrete pipe and are hoping to do the work this summer. A temporary detour is
already in place.
To properly complete the work, the Department needs to construct a dissipation pool at
the outlet end of the culvert. This would necessitate the purchase of approximately 104
mZ from the City of Saint John. A survey plan showing the area they require is attached
with the area colored in blue. The purchase price would be $1.00 with all costs to be
paid by the Province.
The small parcel of land requested by the Province is outside of the developed portion
of the Mispec Park but forms part of its peripheral lands. This transfer of land will have
no impact on the continued operation of the Park.
As the construction season has already commenced, DTI are requesting early access to
the City parcel to conduct the work, prior to the Land transfer being completed.
SERVICE AND FINANCIAL OUTCOMES
The transfer of the small parcel of land to the Province would allow the infrastructure to
be replaced and would not detract from the ongoing use of the Mispec Beach. All costs
associated with this land transaction will be the responsibility of the Province.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A number of City departments were solicited for their comments on whether the City
should sell this small parcel; including, Infrastructure Development, Transportation and
Environment Services, Growth and Community Development Services and Leisure
Services. There were no concerns by staff about its disposal. The City's Solicitor's office
was forwarded the attached agreement of Purchase and Sale.
ATTACHMENTS
1. Location Map; and
2. Agreement of Purchase and Sale
OR
CORPORA TEAGREEMENT OF
PURCHASE & SALE
"MI—MoJom
THIS AGREEMENT made the day of I 2019.
BETWEEN:
SIGNING OFFICERS:
CITY OF SAINT JOHN
...............................................................................................................................................................................
COMPANY NAME NAME
TITLE
i
TITLE
CIVIC ADDRESS
71-S-370
P11633IG25254
15 MARKET SQUARE, PO BOX 1971, SAINT JOHN, NEW BRUNSWICK E2L 4L1
.......................................................................................I...........�.........._..............�.............._..................._..�,,.............,®_,....,.................................................................................._.............................................................._...................................._.,
MAILING ADDRESS
hereinafter referred to as the "Vendor", OF THE FIRST PART;
HER MAJESTY THE UEEN in Right of the Province of New Brunswick, as
represented herein by the Minister of Transportation and Infrastructure,
hereinafter referred to as the "Purchaser", OF THE SECOND PART.
WITNESSETH that in consideration of the mutual covenants and agreements
herein contained and subject to the terms and conditions hereinafter set
out, the parties agree as follows:
MA
E
1. The Vendor hereby agrees to sell to the Purchaser, and the Purchaser
hereby agrees to purchase from the Vendor, at the purchase price, all
that/those certain lot(s), piece(s) and parcel(s) of land situate, lying and
being in the City of Saint John in the County of Saint John
and the Province of New Brunswick, containing 0.0104 hectares more or less,
and being more particularly shown as Parcel(s) No. 19-1 on Pian(s)
No. 11-4-0014 hereinafter referred to as the "said land"".
2. The Purchaser shall at his/her expense prepare the deed/release
(including survey plan, if necessary) for the transfer of the "said land"
and shall deliver a deed or compensation release document to the Vendor in
accordance with Section 3 hereof. If a notice of expropriation is filed
prior to the settlement date, the compensation release document will stand
in place of a deed.
3. This transaction of purchase and sale shall take place on the
settlement date hereinafter described, which settlement date shall be the
date upon which the Purchaser delivers to the Vendor a deed/release for the
"said land". The Vendor shall on the settlement date execute and deliver the
said deed/release to the Purchaser and the Purchaser shall upon receipt of
the said deed/release duly executed by the Vendor pay to the Vendor the
purchase price hereinafter described.
4. The purchase price for the "said land" shall be in the sum of one
dollar ($1.00) subject to the adjustments outlined in Section 7 hereof.
5. The Vendor shall not be bound to produce any Abstract of Title, or any
documents, copies of documents, or other evidence of title except such as
are in his possession or control.
6. The Purchaser may search the title to the "said land" at his own
expense and may at any time prior to the settlement date make written
objection to the Vendor regarding the title to the "said land". In the
event the Vendor is unable or unwilling to remove or otherwise deal with the
objection to the satisfaction of the Purchaser, the Purchaser may at his
discretion cancel this Agreement.
01:3
19
7. All adjustments of rents and taxes shall be made to the settlement
date. The Purchaser reserves the right to deduct from the purchase price,
hereinbefore stipulated, an amount equal to the taxes, under the Real
Property Tax Act, outstanding on the "said land" at the settlement date and
to pay the amount so deducted in satisfaction of those outstanding taxes.
8. In the event the Purchaser has not delivered to the Vendor a
deed/release pursuant to paragraph 3 hereof within one year after the date
of execution of this agreement then this agreement shall be null and void.
9. The Vendor represents that the following are all of the mortgages and
encumbrances against the "said land" (if none, write Not Applicable (N/A)):
N/A
10. The following terms and conditions (if any) form a part of this
agreement; (if none, write Not Applicable (N/A)):
-I__ hereb rovide,,, permission .....for DTI, their..��nnnnnnn.,�,�,nnn�............................,�..,o
y p p workmen or contractors to enter
upon the parcel identified in the Purchase and Sale Agreement to begin
construction once Common Council has resolved to approve the transaction.
11. The Vendor agrees not to cut or remove any trees within the boundaries
of the "said land" unless specified in section 10 of this agreement. If any
cutting and or removal of said trees occurs pursuant to the date of signing
this agreement, this agreement will become null and void.
06%]
4
12. The Vendor states to the best of his/her knowledge that there are no
underground fuel tank(s) storage container(s) or contamination within the
boundaries of the "said land".
13. The offer and agreement are subject to the approval of the Deputy
Minister of Transportation and Infrastructure.
This agreement shall enure to the benefit of and be binding upon the heirs,
executors, administrators, successors and assigns of the Vendor and on the
successors and assigns of the Purchaser.
`[9h7
5
IN WITNESS WHEREOF the Vendor has hereunto set its Corporate Seal attested
by the hands of its duly authorized officer(s) this
of
2029.
day
IN WITNESS WHEREOF the Purchaser has set his/her hand the day and year first
above written.
SIGNED AND EXECUTED )
IN THE PRESENCE OF )
}
}
WITNESS )
HER MAJESTY THE QUEEN in right
of the Province of New Brunswick
_.____............ ___...... _ _ ____... _ ____........ ___......... _
PURCHASER
DEPUTY MINISTER OF TRANSPORTATION
AND INFRASTRUCTURE
PLAN OF SURVEY
PLAN D'ARPENTAGE
RED HEAD ROAD
aD MM MM CMYM M. 3 (suo)
POM orPArAm K
�
a son a"
or 0. 04
.IId.IIY a NO,NF.U....I A M M
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102
COUNCIL REPORT
M&C No.
2019-174
Report Date
July 04, 2019
Meeting Date
July 09, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Naval Memorial — Harbour Passage - Licence Agreement with United
Services Institute of New Brunswick ("RUSI")
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
John L. Nugent
John L. Nugent
John Collin
RECOMMENDATION
That Common Council approve the proposed Licence Agreement between the City
and Royal United Services Institute of New Brunswick Inc. ("RUSI") as attached to
M&C 2019-174 and authorize its execution by the Mayor and Common Clerk once
confirmation has been received that RUSI has been duly incorporated.
EXECUTIVE SUMMARY
The establishment of a Naval Memorial in Saint John first arose as an idea
introduced several years ago by HMCS Brunswicker (the primary Royal Canadian
Reserve unit in New Brunswick).
As a Canadian Armed Forces unit under the Department of National Defence,
HMCS Brunswicker is not permitted to undertake fundraising campaigns and
therefore sought an appropriate partner to assist in this regard.
The Royal United Services Institute of New Brunswick (RUSI-NB), a non-
governmental organization of former and serving members of the military, was
identified as the appropriate partner. RUSI-NB is an affiliated member of the
Conference of Defence Associations. RUSI-NB also has charitable status from
Canada Revenue Agency.
Underthe leadership of HMCS Brunswicker and the Royal United Services Institute
of New Brunswick, together with the active support of a Citizens Committee, the
Saint John Naval Memorial will become the first and only physical monument that
will recognize the rich Naval history of our city and province, while also
`NQ
-2 -
remembering and honouring the men and women who lost their lives at sea
during war and peacetime.
The Saint John Naval Memorial will become the first and only monument site in
New Brunswick to pay homage to the significant service and sacrifice of the men
and women of the Royal Canadian Navy, and their comrades in the other branches
of the military. It will also recognize the contributions individuals and
organizations made to help them serve in the cause of peace and freedom over
the last two centuries.
PREVIOUS RESOLUTION
"8.2 HMCS Brunswicker Naval Memorial Presentation
Referring to the submitted report entitled HMCS Brunswicker Naval Memorial
Presentation, D.M. Brown Commanding Officer HMCS Brunswicker, Senator Noel
Kinsella Honorary Captain HMCS Brunswicker, requested that Common Council
approve a license to place the memorial of City land. The sod turning is planned
for May 5t", 2019, the anniversary of the Battle of the Atlantic.
The City Solicitor advised that a licensing agreement would be required.
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that HMCS Brunswicker request to locate a Naval Memorial on City
owned land on Harbour Passage be referred to the City Manager for
implementation.
MOTION CARRIED."
STRATEGIC ALIGNMENT
The project facilitated by the proposed licence contributes to the cultural
vibrancy of our community and does so in a fiscally responsible manner.
REPORT
RUSI is a currently unincorporated group that represents members and former
members of the various branches of the Canadian Armed Forces. It has
undertaken the project of establishing a memorial to commemorate those who
lost their lives or were injured in their service to the Canadian Navy.
Saint John has been selected by RUSI as the most appropriate location for such a
memorial given the City's historic and continuing affiliation with the Canadian
Navy and the sea.
`[9LI
-3 -
The proposal of RUSI is to erect a granite monument of a character and quality
consistent with the conceptual rendering which is attached to the proposed
Licence Agreement as Schedule "B-1". Additionally, improvements to the
pedestrian walkways surrounding the memorial itself will be undertaken by RUSI
at its sole cost, and they are also depicted in the architectural renderings attached
to the proposed Licence Agreement as Schedule "B-2".
The responsibility for erecting the naval memorial, establishing the improvements
to the surrounding walkways as well as the ongoing maintenance, repair and/or
removal of the memorial will rest solely with RUSI.
As alluded to in the recommendation, RUSI does not currently exist as a legal
entity with the result that it cannot be the recipient of a licence until it gains
corporate status. RUSI has retained a solicitor to effect incorporation and it is
anticipated that confirmation of incorporation will be confirmed within the next
few weeks. It is that circumstance which explains the recommendation's
establishing as a condition precedent to the City's executing the proposed Licence
that RUSI be incorporated.
RUSI's plan with respect to fundraising for the project has been described by its
officials as one which will first undertake a capital fundraising campaign followed
by a campaign to establish an endowment to provide for the ongoing
maintenance, repair and/or removal of the memorial as circumstances dictate.
RUSI officials advise that it is anticipated the naval memorial and associated
improvements will be completed prior to the full funding of an endowment to
support ongoing maintenance, repair and/or removal. RUSI has entered into an
agreement with the Greater Saint John Community Foundation to have the latter
administer the contributions which are anticipated to be made to an endowment
fund. Officials of the City's Parks and City Landscape Maintenance Group advise
that anticipated costs of the work required to maintain and repair the naval
memorial would currently be in the order of $2,000.00 per annum. The proposed
Licence Agreement obliges RUSI to use its best efforts to deposit with the Greater
Saint John Community Foundation sufficient funds to generate an annual income
of that amount adjusted annually for inflation. It need be noted that if the
fundraising efforts were to fall short with respect to an endowment, then the City
would effectively become responsible for the maintenance, repair and/or
removal, if necessary of the project as part of Harbour Passage.
The proposed Licence Agreement identifies a term that continues so long as the
City holds a freehold or leasehold title to the site. Currently the City enjoys a lesae
from the Province of New Brunswick to an area which includes the site. That lease
expires in January 2023 and does not contain an option for the City to renew the
lease. Consequently, such renewal will be necessary to be negotiated to facilitate
the continued operation of Harbour Passage at this location. RUSI is aware of this
fact and its officials advise that they are confident that the Province will provide
`Wee
assurance for the long-term placement of the memorial. The proposed Licence
Agreement does however provide RUSI with the option to surrender its licence
prior to undertaking any work which would be anticipated thereby, upon giving
thirty (30) days' written notice to the City.
The annual fee for the proposed Licence Agreement is a nominal one dollar
($1.00).
SERVICE AND FINANCIAL OUTCOMES
See "report" treatment of this matter.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Officials of the City's Parks and City Landscape Maintenance Group have been
involved from the outset of discussions with RUSI officials and the proposed
Licence Agreement reflects their advice.
ATTACHMENT(S)
Proposed Licence Agreement between the City and Royal United Services Institute
of New Brunswick Inc.
`191-1
THIS LICENCE AGREEMENT made in duplicate this day of _, 2019.
BY AND BETWEEN:
THE ROYAL UNITED SERVICES INSTITUTE OF NEW
BRUNSWICK INC., [a non-profit company to be
created] (hereinafter called "RUSI")
OF THE FIRST PART
- and -
THE CITY OF SAINT JOHN, having its City Hall at 15
Market Square, Saint John, New Brunswick, a body
corporate by Royal Charter, confirmed and amended by
Acts of the Legislative Assembly of the Province of New
Brunswick (hereinafter called the "City")
OF THE SECOND PART
WHEREAS the City has established a linear park which skirts a portion of the eastern shore of
Saint John Harbour, which park is known as Harbour Passage; and
WHEREAS the portion of Harbour Passage which is the subject of this Licence is leased by the
City from the Province of New Brunswick; and
WHEREAS RUSI proposes to erect on the portion of the said Harbour Passage referred to in
the immediately preceding recital a Naval Memorial with associated landscaping and
improvements commemorating those who were killed or injured in the service of the Royal
Canadian Navy; and
WHEREAS the City is pleased to support the proposal aforesaid;
NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration of these
premises and other good and valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, the City and RUSI hereby agree as follows:
1. Interpretation.
a. Headings: The division of this Agreement into Sections, the insertion of headings,
and the provision of any table of contents are for convenience of reference only and
shall not affect the construction or interpretation of this Agreement;
b. Number and Gender: Unless the context requires otherwise, words importing the
singular include the plural and vice versa and words importing gender include all
genders;
li[lrl
Licence Agreement
The City of Saint John and The Royal United Services institute of New Brunswick Inc.
Page 2 of 9
c. Currency: All references to money shall refer to Canadian funds;
d. Computation of Time Periods: Except as expressly set out in this Agreement, the
computation of any period of time referred to in this Agreement shall exclude the first
day and include the last day of such period. If the time limited for the performance or
completion of any matter under this Agreement expires or falls on a day that is not a
Business Day, the time so limited shall extend to the next following Business Day.
"Business Day", as used in this agreement, means any day other than a Saturday,
Sunday, statutory holiday or civic holiday in the Province of New Brunswick. Time
shall be of the essence of this Agreement;
e. Relationship: The City and RUSI acknowledge and agree that the relationship
between them is solely that of independent contractors, and nothing herein shall be
construed to constitute the parties as employer/employee, partners, joint ventures,
co-owners, or otherwise as participants in a joint or common undertaking. Neither
party, nor its employees, agents or representatives shall have any right, power or
authority to act or create any obligation, express or implied, on behalf of the other;
f. Governing Law: This Licence shall be governed by and construed in accordance
with the laws of the Province of New Brunswick and the laws of Canada applicable in
that Province and shall be treated, in all respects, as a contract;
g. Registration: RUSI agrees that it shall not register this Agreement or any notice or
reference in respect of this Agreement against the title to the City's Property.
2. (1) The City hereby grants to RUSI, subject to the terms and conditions set out herein, a
licence (the "Licence"), by its officers, servants, agents, contractors and workers to
enter upon the lands shown shaded in grey on the survey plan attached hereto and
forming a part hereof as Schedule "A" (the "Site"), which Site is subject to a right of
passage in the general public, for the purposes of:
a. Installing, erecting, constructing, maintaining and repairing, replacing, altering
and removing the Naval Memorial and associated landscaping and
improvements (collectively, the "Project") shown conceptually on Schedules "6-
1" and "B-2" attached hereto and a part hereof; as well as
b. Installing maintaining, operating, repairing, replacing, altering and removing
cables, conduits, utilities and other subsurface infrastructure, all as may be
reasonably necessary to achieve the performance of the work described in
paragraph (a).
(2) The Licensee shall exercise the Licence hereby granted in a manner so as to disrupt
as little as reasonably possible the general public right of passage over and upon the
Site.
li[@I:]
Licence Agreement
The City of Saint John and The Royal United Services Institute of New Brunswick Inc.
Page 3 of 9
3. Applicable Laws. RUSI agrees that all work performed under or pursuant to the
Licence shall comply with all federal, provincial and municipal laws, statutes, regulations,
orders, ordinances, by-laws, rules, plans, policies and decrees (the "Applicable
Laws"). Without limiting the generality of the foregoing, RUST, at its sole cost and
expense, shall (a) obtain and maintain any and all permits that are required by
Applicable Laws at any time with respect to any such work and (b) provide copies of any
such permits to the City upon request.
4. No Warranty. The City makes no warranty or representation that the City's Property is
suitable for RUSI's use, and RUSI acknowledges and agrees that it has satisfied itself in
all respects with respect thereto.
5. Repairs and Maintenance. Nothing herein shall obligate the City to perform any work,
repair, renovation, maintenance on or of the Project. RUSI shall be responsible for all
costs incurred by it in connection with the Licence and the exercise of the rights
hereunder including, without limitation, the cost of any utilities required in connection
with the operation, disconnection and reconnection of the Project. Without limiting the
generality of the foregoing, it is expressly agreed and understood that the City shall not
provide the service of snow or ice control to the Site.
6. Endowment.
a. RUSI shall use its best efforts to establish an endowment as part of the Common
Fund of the Greater Saint John Community Foundation Inc., which endowment
shall generate an annual income of $2,000.00;
b. It is expressly agreed and understood that the amount identified in paragraph (a)
shall be adjusted annually on the anniversary date of the Licence based upon the
percentage change to the previous 12 months Consumer Price Index (CPI) for
New Brunswick, as determined by Statistics Canada.
7. Ownership. For certainty, ownership of and responsibility for the Naval Memorial, shall
remain with RUSI.
B. Term.
a. Subject to paragraphs 8(d), (e), the term of the Licence shall commence on the
Effective Date and continue so long as the City holds the leasehold or freehold
title to the Site;
b. In the event of breach or noncompliance by RUSI of any provision hereof, an
officer of the City shall deliver written notice thereof to RUSI;
c. Upon receipt of a notice pursuant to paragraph b, RUSI shall remedy the default
or noncompliance performance within twenty business days, unless an extension
thereof is given in writing on behalf of the City;
`tole.]
Licence Agreement
The City of Saint John and The Royal United Services Institute of New Brunswick Inc.
Page 4 of 9
d. In the event that any breach or noncompliance has not been remedied by RUSI
pursuant to the provisions of paragraph c., the City may: (i) terminate the Licence
by written notice to RUSI, effective the date identified in the said notice, without
any liability or responsibility to RUSI or right in RUSI to claim compensation or
recovery of any nature from the City; or (ii) arrange to remedy the breach of non-
compliance and in such event, RUSI shall reimburse the City the cost of such
remediation with reimbursement to be made not later than fifteen (15) business
days following notice of such cost being provided to the Licensee pursuant to s.
16 hereof;
e. RUSI may surrender the Licence prior to the commencement of any work
anticipated to be required to execute the Project, and without penalty or
compensation due the City, by giving one (1) month's prior written notice thereof
to the City;
RUSI expressly agrees and understands that in the event this Licence is
terminated by the City, the City may use some or all of the amount deposited with
the Greater Saint John Community Foundation pursuant to section 6 hereof, to
remove the Project or any portion thereof. Furthermore, RUSI expressly agrees
and understands that a written request from the City to the Greater Saint John
Community Foundation which states that the request is being made pursuant to
this paragraph, shall be sufficient without more, and hereby authorizes the
Greater Saint John Community Foundation to deliver to the City the amount
requested.
9. Licence Fee. RUSI shall pay to the City a licence fee (the "Licence Fee") without
deduction, abatement or set-off, of $1.00 per year beginning on the date of the execution
of the Agreement by the parties and thereafter on January 151 in each successive
calendar year.
10. RUSI's Covenants. RUSI represents, warrants, covenants and agrees as follows:
a. RUSI shall repair any damage caused to the City's Property by the exercise of
rights granted hereunder;
b. No construction lien or related notice or certificate of action shall be registered
against title to the City's Property as a result of the activities being undertaken by
or on behalf of RUSI or those for whom RUSI is responsible and if so registered,
shall, upon RUSI becoming aware of same, be forthwith vacated, discharged and
released from title at the sole cost and expense of RUSI;
c. Prior to commencement by or on behalf of RUSO of the work anticipated to be
undertaken pursuant to the Licence, and thereafter is often as the schedule of
such work is adjusted, or as repairs/maintenance or new work occurs, RUSI shall
deliver to the City a written schedule identifying by day, month and year the
activities comprising such work or repairs/maintenance;
lisK
Licence Agreement
The City of Saint John and The Royal United Services Institute of New Brunswick Inc.
Page 5 of 9
d. Upon completion of its execution of the Project, RUSI shall provide to the City
with as -built drawings showing the location of all underground cabling and wiring.
RUSI shall revise and update such as -built drawings as required from time to
time upon making any changes or alterations.
e. RUSI shall at all times and at
monument thereon in a condition
purpose as described herein.
11. Insurance and Indemnity.
its sole expense maintain the site and the
befitting the solemn nature of its intended
a. RUSI shall maintain an insurance policy, including public liability insurance
coverage naming the City as an additional insured, in an amount not less than
Two Million Dollars ($2,000,000.00) per occurrence or such greater amount as is
prudent in the circumstances as reasonably determined by RUSI;
b. RUSI shall indemnify and save harmless the City against any and all losses,
claims, actions, damages, liabilities and expenses in connection with personal
injury or death, property damage or any other loss or injury whatsoever arising
out of or as a result of:
Any breach, violation or non-performance of the terms, covenants and
obligations on the part of RUSI set out in this Licence Agreement; and
ii. RUSI's use of the City's Property pursuant to this Licence Agreement;
c. The City shall not be liable or responsible in any way for any injury to any person
or for any loss or damage to any property at any time in or upon the City's
Property, howsoever the same shall be caused (unless caused or contributed to
by the negligence or willful misconduct of the City or those for whom it may be
responsible at law);
d. Notwithstanding anything to the contrary contained herein, neither the City nor
RUSI shall be liable to the other party for indirect, special or consequential
damages (including but not limited to any loss of profits, loss of business
revenue, failure to realize expected savings or any other commercial or economic
loss) as a result of or arising out of this Licence Agreement.
12. Assignment. RUSI shall not assign this Licence Agreement (in whole or in part) or
sublicense or otherwise transfer or assign any of its rights hereunder without the prior
written consent of the City, which consent may not be unreasonably or arbitrarily
withheld.
13. Successors and Assigns. This Licence Agreement and everything contained herein
shall enure to the benefit of and be binding upon each of the parties hereto and their
respective successors and permitted assigns.
111
Licence Agreement
The City of Saint John and The Royal United Services institute of New Brunswick Inc.
Page 6 of 9
14. Entire Agreement. This Agreement continues the entire agreement between the
parties pertaining to the subject matter of this Licence Agreement and supersedes all
prior agreements, understandings, negotiations and discussions, whether oral or written.
There are no conditions, warranties, representations or other agreements between the
parties in connection with the subject matter of this Licence Agreement (whether oral or
written, express or implied, statutory or otherwise) except as specifically set out in this
Licence Agreement
15. Notices. Any notice, certificate, consent, determination or other communication
required or permitted to be given or made under this Agreement shall be in writing and
shall be effectively given and made if (i) delivered personally, (ii) sent by prepaid courier
service or mail, or (iii) sent prepaid by fax, in each cased to the applicable address set
out in Section 16 hereto.
16. Notice hereunder shall be adequately given if delivered by hand or prepaid registered
mail:
a. In the case of the City to:
Common Clerk
City of the City of Saint John
8' Floor City Hail
15 Market Square
Saint John, NS E21- 1 E8
Fax: (506) 674-4214
b. In the case of RUSI to:
Lt (ret) Bernard J. Cormier
Secretary
Royal United Services Institute of New Brunswick
83 Sewell Street
Saint John, NB E21- 3A3
H: 506-642-5815
C: 506-651-3414
cormier53@gmaii.com
ism
Licence Agreement
The City of Saint John and The Royal United Services Institute of New Brunswick Inc.
Page 7 of 9
THIS LICENCE AGREEMENT shall enure to the benefit of and be binding upon the parties
hereto, their successors and permitted assigns respectively.
SIGNED, SEALED & DELIVERED } THE CITY OF SAINT JOHN
In the presence of: }
........ _....... ...........................................................
Mayor
Common Clerk
Common Council Resolution:
, 2019
THE ROYAL UNITED SERVICES INSTITUTE OF
OF NEW BRUNSWICK INC.
Per:
[ONE OR TWO SIGNATORIES? CORPORATE SEAL?]
II§K3
Licence Agreement
The City of Saint John and The Royal United Services Institute of New Brunswick Inc.
Page 8 of 9
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
I, Jonathan Taylor, of the Town of Quispamsis, in the County of Kings and Province of
New Brunswick, MAKE OATH AND SAY:
1. THAT I am the Common Clerk of The City of Saint John and have custody of the
Common Seal hereof.
2. THAT the seal to the foregoing instrument affixed is the Common Seal of The City of
Saint John and that it was so affixed by Order of the Common Council of the said City.
3. THAT the signature "Don Darling" to the said instrument is the signature of W. Donald
Darling, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own
signature.
4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of
Saint John.
SWORN TO BEFORE ME }
at the City of Saint John, in the }
County of Saint John and }
Province of New Brunswick }
this day of , 2019 }
}
Jonathan Taylor
............................. _.__...... )
)
Commissioner of Oaths )
Being a Solicitor )
Licence Agreement
The City of Saint John and The Royal United Services Institute of New Brunswick Inc.
Page 9 of 9
NOTE: This Affidavit is for one signatory and a corporate seal. May need to be changed
if there are two signatories and/or the corporation does not have a corporate seal.
PROVINCE OF NEW BRUNSWICK
COUNTY OF
I, , Deponent, of , in the County of and
Province of New Brunswick, MAKE OATH AND SAY:
1. That I am the of The Royal United Services Institute of New
Brunswick Inc. (the "Corporation"), the Licensee named in the foregoing instrument and am
duly authorized to make this affidavit;
2. THAT the corporate seal affixed to the within instrument is the corporate seal of the
Corporation and was thereto affixed by order of the Board of Directors of the Corporation to and
for the uses and purposes therein expressed and contained;
3. THAT the name "..�_._. " subscribed to in the within instrument is the signature of
me, the said , and was thereto subscribed by order of the Board of Directors of the
Corporation to and for the uses and purposes therein expressed and contained;
4. THAT the President is the duly authorized officer of the Corporation to execute the within
instrument.
SWORN TO before me at
in the County of
and Province of
New Brunswick, this day of
_.., 2019
Commissioner of Oaths
Being a Solicitor
Deponent
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PROCLAMATION
WHEREAS. Horizon Health Network Public Health and community
partners in the City of Saint John, County of St. John,
Province of New Brunswick is concerned about the health
of its citizens; and
WHEREAS. it is estimated that between 500,000 and 600,000 people in
Canada are living with hepatitis B and C and are at risk of
developing cirrhosis, liver failure, liver cancer and non -liver
related manifestations; and
WHEREAS. Hepatitis C is the most commonly reported blood borne
infection in NB; and
WHEREAS. there are vaccines available for Hepatitis A and B;
emerging Hepatitis C treatment therapies can cure nearly
95% of cases; and
WHEREAS. World Hepatitis Day provides an opportunity to reach out to
millions of Canadians and encourage hepatitis testing,
provide treatment and care for those affected while paving
the way towards elimination of hepatitis as a public health
concern in Canada by 2030.
NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim
July 28, 2019, as Hepatitis Awareness Day, in the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
`§&61
i .II 'I . i I"...I' it �'II
June 20, 2019
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Rezoning Application
0 Heather Way
On May 20, 2019 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 18, 2019 meeting.
The City of Saint John
Mr. Andrew Toole, representing Dunnett's Landscaping Ltd., appeared before the
Committee and was in agreement with the Staff recommendation. Mr. Toole
noted that this applicant has no connection to the previous applications on the
site and that this was a new concept. Mr. Toole also advised that the proposed
11 buildings would be the maximum and a commitment to build phases 1 and 2
at this point at a rate of 1 building per year and that future phases may be subject
to change of building type (townhouse, rowhouse) — all of which will depend on
market factors.
Mr. Toole also went through a number of concerns raised in letters of objection
received to the Committee. He advised that while the focus of the development
would be market rentals, there would be student and affordable housing through
programs with the Province. Mr. Toole also addressed concerns in the letter
from Meghan and Steve Craig regarding drainage, traffic concerns on Heather
Way, distances of buildings from properties on Boyaner Crescent and timing of
the project.
Mr. Toole also addressed a request in the letter of support provided by Jill Good
that a treed buffer for properties along Hedley Street be provided, and agreed
with this suggestion. Staff and the applicant worked to craft an additional
condition to this affect, which was adopted as part of the Committee
recommendation.
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Committee members questioned material currently stored on the site and the use
of the storm water modeling for future phases as well as erosion and sediment
control. Landscaping materials stored on site will be used as part of the
construction of the development.
Brian Irving, of Develop Saint John, spoke in support of the application noting
that a recent market study from Turner Drake showed a significant decline in
vacancy rates across Saint John (approximately 3.7%, which is considered low)
and that for East Saint John vacancy rates for new builds (building built in the last
ten years) was virtually zero percent. Given these factors, Develop Saint John
supports the project, as it will bring much needed accommodation to the eastern
portions of Saint John where demand is significant.
Meghan Craig of Boyaner Crescent appeared before the Committee to speak
against the proposal. She acknowledged the responses to her letter of objection
provided by Mr. Toole and repeated her concern for potential drainage impacts to
her and neighbouring properties as well as traffic concerns on Heather Way,
particular in winter when only one lane is cleared.
In response to questions from the Committee, Staff and Mr. Toole explained that
during the construction process, interim measures to contain water drainage are
required and inspected by the City. Mr. Toole went on to explain the obligation of
professional engineers in designing these systems and how any issues would be
dealt with.
Upon considering the Staff report, comments from the application, letters of
support and opposition and comments from the area resident, the Committee
adopted an amended Staff recommendation which incorporates an additional
tree buffer for properties along Hedley Street as suggested in a letter of support
and accepted by the applicant. The amended recommendation is provided
below for Common Council's consideration.
RECOMMENDATION:
1. That Common Council rezone land with an area of approximately 55,603
square metres located at 0 Heather Way, also identified as PID No.
55208300 from Two -Unit Residential (R2) to Mid -Rise Residential (RM).
2. That Common Council pursuant to the provisions of Section 59 of the
Community Planning Act (SNB 2017, c. 19), here imposes the following
conditions upon the Property having an area of 55,603 square metres,
located at 0 Heather Way, also identified as PID No. 55208300, the
following conditions upon the development and use of the land:
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a. A treed buffer and berm must be constructed along the property
line shared with dwellings on Boyaner Crescent. Hedge height is
to be at least 1 metre and must be shown on a landscaping plan,
submitted as part of any building permit for buildings which share
a property line with dwellings on Boyaner Crescent. The
landscaping plan is subject to the approval of the Development
Officer prior to the issuance of a Building Permit. All landscaping
for this berm must be maintained for the life of the development.
b. To promote interconnectivity to the future adjacent undeveloped
lands, the cul-de-sac is to be designed to City Standards in a
manner to ensure that the road can be turning into a through road
to the adjacent lands. The design of this cul-de-sac and future
changes are subject to approval by the Chief City Engineer or
his/her designate.
c. The site shall not be developed except in accordance with a
detailed site plan and detailed building elevation plans, prepared
by the developer and subject to the approval of the Development
Officer. These plans will indicate the location, design and exterior
finish of all buildings, the location and treatment of parking areas,
driveways, landscaped areas and other site features, and the
approved site plan and building elevation plans must be attached
to any application for a building permit for the development.
d. An Engineered Storm Drainage Submission be submitted for the
full building out of the development with the Building Permit for
"Phase One" (as indicated on the tentative plan provided) of the
development. "Phase One" shall comprise the full inclusive build
out of the proposed underground infrastructure and street
construction necessary to support "Phase one" of the
development.
e. Detailed engineering drawings and design brief (including plan
and profile) of all proposed infrastructure (water, sanitary, storm
and street) and connections to existing infrastructure must be
submitted by the owner/developer's engineering consultant for
review and acceptance by the City.
f. A final engineered water and sewer analysis (domestic demands,
fire flows, peak flows, etc.) and servicing proposal will need to be
submitted to the City by the owner/developer's engineering
consultant for review and acceptance by the City in order to
determine/confirm the impact this development will have on the
existing municipal water and sewer infrastructure. Prior to any
proposed development beyond Phase 2 (as indicated on the
tentative plan provided), a flow monitoring program would need to
be completed by the City in order to re-evaluate the existing
downstream sewer capacities. The developer/owner's
engineering consultant will need to submit the subsequent
Phase(s), including sewer demands for evaluation and
acceptance by the City prior to proceeding.
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g. A treed buffer at least 5 metres in width must be planted along the
property line shared with dwellings on Hedly Street. Trees must
be a minimum height of 2 metres at time of planting and the tree
buffer must be shown on a landscaping plan, submitted as part of
any building permit for buildings, which share a property line with
dwellings on Hedly Street. The landscaping plan is subject tto the
approval of the Development Officer prior to the issuance of a
Building Permit. All tree planting is to be maintained for the life of
the development
Respectfully submitted,
.0
Eric Falkjar
Chair
Attachments
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The City of Sint john
Date: June 14, 2019
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, June 18, 2019
SUBJECT
Applicant:
Owners:
Location:
.s
Plan Designation
Existing Zoning:
Proposed Zoning:
Application Type:
Jurisdiction:
Don -More Surveys & Engineering Ltd.
Dunnett's Landscaping Ltd.
0 Heather Way
55208300
Stable Residential
Two -Unit Residential (R2)
Mid -Rise Residential (RM)
Rezoning
The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Zoning By-law. Common Council
will consider the Committee recommendation at a public hearing
on Monday, July 8, 2019. Committee may impose conditions.
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SUMMARY
The applicant is seeking to rezone the parcel from Two -Unit Residential (R2) to Mid -Rise
Residential (RM) to facilitate a series of multi -residential buildings, with access to a new public
street. Construction of this project will be phased over a long period, beginning with phases oe
and two within the next year.
RECOMMENDATION
That Common Council rezone land with an area of approximately 55,603 square metres
located at 0 Heather Way, also identified as PID No. 55208300 from Two -Unit
Residential (R2) to Mid -Rise Residential (RM).
2. That Common Council pursuant to the provisions of Section 59 of the Community
Planning Act (SNB 2017, c. 19), here imposes the following conditions upon the Property
having an area of 55,603 square metres, located at 0 Heather Way, also identified as
PI D No. 55208300, the following conditions upon the development and use of the land:
a. A treed buffer and berm must be constructed along the property line shared with
dwellings on Boyaner Crescent. Hedge height is to be at least 1 metre and must
be shown on a landscaping plan, submitted as part of any building permit for
buildings which share a property line with dwellings on Boyaner Crescent. The
landscaping plan is subject to the approval of the Development Officer prior to
the issuance of a Building Permit. All landscaping for this berm must be
maintained for the life of the development.
b. To promote interconnectivity to the future adjacent undeveloped lands, the cul-
de-sac is to be designed to City Standards in a manner to ensure that the road
can be turning into a through road to the adjacent lands. The design of this cul-
de-sac and future changes are subject to approval by the Chief City Engineer or
his/her designate.
c. The site shall not be developed except in accordance with a detailed site plan
and detailed building elevation plans, prepared by the developer and subject to
the approval of the Development Officer. These plans will indicate the location,
design and exterior finish of all buildings, the location and treatment of parking
areas, driveways, landscaped areas and other site features, and the approved
site plan and building elevation plans must be attached to any application for a
building permit for the development.
d. An Engineered Storm Drainage Submission be submitted for the full building out
of the development with the Building Permit for "Phase One" (as indicated on the
tentative plan provided) of the development. "Phase One" shall comprise the full
inclusive build out of the proposed underground infrastructure and street
construction necessary to support "Phase one" of the development.
e. Detailed engineering drawings and design brief (including plan and profile) of all
proposed infrastructure (water, sanitary, storm and street) and connections to
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existing infrastructure must be submitted by the owner/developer's engineering
consultant for review and acceptance by the City.
A final engineered water and sewer analysis (domestic demands, fire flows, peak
flows, etc.) and servicing proposal will need to be submitted to the City by the
owner/developer's engineering consultant for review and acceptance by the City
in order to determine/confirm the impact this development will have on the
existing municipal water and sewer infrastructure. Prior to any proposed
development beyond Phase 2 (as indicated on the tentative plan provided), a
flow monitoring program would need to be completed by the City in order to re-
evaluate the existing downstream sewer capacities. The developer/owner's
engineering consultant will need to submit the subsequent Phase(s), including
sewer demands for evaluation and acceptance by the City prior to proceeding.
DECISION HISTORY
In 2008, Common Council approved a rezoning of the subject site (as part of a broader
application for lands on both sides of Heather Way) to One and Two Family Residential (R-2)
Zone. An application to Common Council in 2011 was made to rezone an adjacent site (across
Heather Way) to facilitate a manufactured home development. Common Council denied that
application, leaving the zoning on the property as R-2.
ANALYSIS
Proposal
The applicant is proposing to rezone the subject parcel from Two -Unit Residential (R2) to Mid -
rise Residential (RM) to facilitate the construct a series of multi -residential buildings over time
and accessed from a new public street. The initial concept proposes 11 buildings, which would
each contain 24 dwelling units. The applicant is persuing potential affordable housing funding
through the Province and given the location near New Brunswick Community College (NBCC),
is hoping to help fill the need for future student housing (along with typical market needs).
The applicant has indicated that future phases (beyond Phases 1 and 2) of the development
may be subject to change (potentially to other forms like Townhouses) depending uptake of
these units. The review of this application has be based on full build out as apartment buildings
and represents the upper limit of likely development on the site based on the submitted
proposal.
Site and Neighbourhood
The subject site is located in the eastern portion of the City just above the intersection of
Grandview Avenue and Heather Way. This parcel is one of a few remaining parcels in this area
of the city which have not yet developed. The site is served by transit and is in close proximity
to N BCC.
The surrounding development is a mixture of vacant lands and low density residential
development along Boyaner Crescent and Hedley Streets. Adjacent multi -residential
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development, also zoned RM, is located further to the north along Heather Way. Adjacent lands
across Heather Way are also currently undeveloped — representing future development
opportunities.
Municipal Plan and Rezoning
Municipal Plan
The subject site is designated Stable Residential in the Municipal Plan. This designation
applies to existing neighbourhoods, which have the potential to accommodate additional
development at a scale and density that are consistent with the surrounding area. These
neighbourhoods may also not be fully built -out, offering other opportunities for additional
development. Policies LU -86 through LU -88 support intensification of Stable Residential areas.
Policy LU -88 provides criteria to consider for proposed developments in the Stable Residential
areas. The applicant has provided their own evaluation of policy LU -88 with the application
materials (Submission 3). The staff review of this application against policy LU -88 is below:
Policy LU -88 Staff evaluation
Ensure that significant new development and redevelopment in areas designated Stable
Residential shall generally be permitted only through a rezoning process where compliance is
demonstrated with the following requirements:
a) The proposed land use is desirable
This neighbourhood still has sites, which
and contributes positively to the
provide opportunity for strategic densification
neighbourhood;
in an area with existing municipal services.
This positively contributes to the
neighbourhood by better utilizing an under
used piece of road infrastructure through
increased development. The applicant will is
also seeking to provide affordable housing
(through Provincial grants) and cater to
housing for students given the proximity to
N BCC.
b) The proposal is compatible with
The RM Zone is utilized throughout the
surrounding land uses;
neighbourhood as new development has
occurred. The Zone allows for the integration
of other Residential uses, particularly low-
density residential development. The types
of development allowed in this zone (multi -
residential, townhouse, low density forms) fit
in well with existing development and work to
complete this neighbourhood.
c) The development is in a location
The proposal is located in an area where all
where all necessary water and
municipal services are readily available;
wastewater services, parks and
however, modeling has noted that there are
recreation services, schools, public
downstream sewer capacity limitations. Only
transit and other community and
phases 1 and 2 can proceed until upgrades
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protective services can readily and
adequately be provided;
d) Site design features that address
such matters as safe access,
buffering, and landscaping, site
grading and stormwater management
are incorporated;
e) A high quality exterior building design
is provided that is consistent with the
Urban Design Principles in the
Municipal Plan; and
f) The proposal is on a property
identified as a Corridor on the City
structure map (Schedule A) or does
not detract from the City's intention to
direct the majority of new residential
development to the Primary Centres,
Local Centres, and Intensification
Areas.
are made. Proposed conditions facilitate
phases 1 and 2 and provide a way forward on
future phases.
A landscaped buffer between the low density
residential area on Boyaner Crescent has
been proposed. Stormwater management
will be required in accordance with the
Drainage By-law. Site grading will be
addressed at the permitting stage.
The applicant has provided photographic
examples to some building projects as
reference to design/materials, to be used for
this project. The applicant also referenced
projects they have done on Noel Avenue
(Submission 2) as other examples — all
examples show high quality finishes and
designs.
The site is not located along a Corridor, but
does not detract from intensifying Primary
Centres, Local Centres or Intensification
Areas as this is a logical extension and
attempt to complete an established (but
incomplete) neighbourhood and provide
housing to support nearby educational sites
(NBCC). Heather Way was designed to act
as a collector for the neighbourhood and has
more than sufficient capacity to handle the
proposal.
Urban Design Principles
Policy UD -9 provides guidance for new developments, which are in various designations of the
plan. This policy provides broad design policy for all parts of the City; such as incorporating
natural features and topography, providing landscaping to buffer adjacent sites, and
encouraging active pedestrian -oriented uses to help animate the public realm.
The applicant will be providing a linear amenity space around the site connected to a central
park space with benches, which will help provide passive recreation opportunities and meet the
amenity space requirements of the Zoning By-law. Building layout (based on the concept plan)
provide generous front yard spaces for landscaping and all buildings will be oriented to either
Heather Way or the future Public Street. The applicant has undertaken similar development
along the extension of Noel Drive and provided photos of examples of how the buildings will be
designed — which will use high quality materials and design to include private amenity space for
future residents. This, combined with zoning regulations of the RM zone will work to provide a
high quality public realm and building design.
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For sites in Stable Areas, such as this (Stable Residential), policy UD -9 (a) (i) states that "new
development will designed to respect and reinforce the physical character of the neighbourhood
as set out in Policy UD -10".
Policy UD -10 gives eight criteria to consider when reviewing redevelopment applications in the
Stable Areas:
Ensure that new development and redevelopment in Stable Areas is designed to respect and
reinforce the physical character and uses of the surrounding neighbourhood, having regard
for:
a) The local pattern of lots, streets and
The proposed lot pattern of this street is
blocks
consistent with other cul-de-sacs in the area.
It should be noted that this street will be
designed to be able to be connected to future
development on adjacent lands and so may
become a through street in time.
b) The size and configuration of lots;
The size and configuration of lots is
consistent with other multi -residential lots in
the adjacent area.
c) Nearby building types;
Heather Way has a variety of different types
of multi -residential development — the
proposed 3 storey buildings will integrate well
with this mixture.
d) Height, scale and massing of nearby
Most residential development in the
buildings;
surrounding area is at least 2 stories; the
proposed 3 storey multi -residential
development will integrate well. The building
lots are situated significantly far away from
adjacent low density residential development;
therefore limiting the impacts of massing to
those homes.
e) The setback of buildings from the
Setbacks of the buildings will be consistent
street;
with those of the RM Zone.
f) The pattern of rear and side yard
The concept plan shows that generally the
setbacks;
rear and side yards are landscaped or
provide parking — this is consistent with multi -
residential development and should limit
impacts to other buildings as the
development proceeds.
g) Sensitive integration with and
There are no nearby registered heritage
enhancement of adjacent heritage
properties.
properties; and
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h) Building materials which contribute to I Based on the examples provided by the
the successful integration of the applicant; the building materials and design
development into its context. will be of a high quality to positively enhance
the neighbourhood context. A condition has
also been added to facilitate review of the
building design at the permitting phase.
Rezoning
The proposed rezoning with this application would take the site to the Mid -Rise Residential (RM)
Zone. This zone allows a mixture of residential uses from One -unit, Two -unit to townhouses
and multi -residential dwellings. The zone allows for development that is a minimum of two
stories and no greater than 14 metres if side yards increase beyond the minimum (otherwise 11
metres is the maximum height).
The RM zone occurs throughout this neighbourhood along Hickey Road and Heather Way,
where medium density type developments (apartments, row and townhouses) have been built.
These sites are along major roadways and edges of the community to provide direct access
onto the major road and position medium density development along the major transit routes.
This project will fulfill this planning concept by locating density along a cul-de-sac adjacent to
transit stops along Heather Way. The cul-de-sac will be a distance that is easily walkable
allowing future residents access to transit stops that access NBCC, shopping and other transit
interchanges. The cul-de-sac will be designed in a manner to ensure that should adjacent
future development lands are built out, that the road connection can be made to enhance
community connectivity. A traffic impact study was not required given that Heather Way is a
major arterial road with sufficient capacity to handle this proposed development.
Municipal Services
As part of the review of this application, The City has used models that were created to help
facilitate the analysis of development proposals in relation to sewer and water capacity. The
applicant has worked with the City to provide necessary data to run models of this area. The
applicant is aware that capacity is only available for Phases 1 and 2, and there are proposed
conditions to limit build out to those phases. The City will undertake future monitoring to
analysis modeling data for later phases, and will work with the applicant on timing of future
municipal upgrades and build out of later phases.
This process is part of steps taken by Growth and Community Development Services to
enhance Customer Service to applicants on proposed developments. This allows the City to
work with applicants to understand downstream capacity issues and together on timing of future
build out of large development proposals.
Variances
A review of the proposal has not shown any variances would be required at this stage. During
the review of future permit applications, the Development Officer will process any variances as
required.
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Future Subdivision
A public street is proposed which requires a future subdivision to create this right-of-way. This
will cause the need for Land for Public Purposes. Given the subject site is not located along
any identified future public trails, it is likely that cash in lieu of land versus land would be
pursued. The proposed park space provided by the applicant will be a private amenity space
provided to residents of the development. Assent to the public road will occur at the subdivision
stage.
Conclusion
Staff support this proposal as it achieves the intent of the Municipal Development Plan. This
proposal provides an opportunity to introduce elements of a complete community for the
surrounding neighbourhood and represents a highest and best use of Municipal infrastructure.
The site is in proximity to all services to allow people to live, work and play.
ALTERNATIVES AND OTHER CONSIDERATIONS
No alternatives considered.
ENGAGEMENT
Proponent
The applicants were encouraged to conduct their own public engagement of nearby residents,
as part of an initial pre -application. The applicant has reached out to landowners along Boyaner
Crescent via letters and provided information on the development.
Public
In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to
landowners within 100 metres of the subject property on June 5, 2019. The public hearing for
the rezoning was advertised on the City's website on June 17, 2019.
SIGNATURES AND CONTACT
Prepared and reviewed by:
Kenneth Melanson, BA, RPP, MCIP
Manager, Community Planning
Approved:
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
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Don -More Surveys & Engineering Ltd. 0 Heather Way June 14, 2019
Contact: Kenneth Melanson
Phone: (506) 721-8694
E-mail: Ken. MelansonCa)-saintiohn.ca
Project: 19-84
APPENDIX
Map 1: Site Location
Map 2: Municipal Plan
Map 3: Zoning
Map 4: Aerial Photography
Map 5: Site Photography
Submission 1: Site and phasing plan
Submission 2: Applicant examples of exterior design/finishes
Submission 3: Staff photos of Noel Drive as examples of exterior design/finishes
Submission 4: Applicant Planning Analysis
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Date, June -06-19
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Duninett's Landscaping Ltd.- 0 Heather Way
Section 59 Conditions
The City of Saint John re 40
135 Date, June -06-19
0 50 m
�Map 4 - Aerial Photography
The City of Saint John �
136 date: June -06-19
IDuninett's Landscaping Ltd. Heather er n 75m ez.k
View of Heather Way (looking towards Boyaner Cres)
Site - looking toward Grandview Ave
Site seen from Heather Way
Site - looking toward Boyaner Cres dwellings
The City of Saint John
Map 5 - Site
Date, June 13, 2019
Photography
137
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Submission 2 — Applicant examples of exterior design/finishes
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Submission 3 — Examples of architectural style/materials for future buildings — Noel
Avenue (photos taken by staff)
MIE11
Submission 4
May 2, 2019
Kenneth Melanson, BA, RPP, MCIP
Manager of Community Planning
Growth & Community Development Services — City of Saint John
VIA E -Mail: ken.melanson sain�ca
Re: Planning Review
ON4 - MqAs
,x.
ENGINEERING �LTD.
This proposed development is located adjacent to Heather Way in east Saint John. The
development will involve the construction of a new street accessed from Heather Way, and
eleven building lots. Each lot will contain a twenty-four unit, three story apartment building and
associated site features. Photos of a similar project completed in another part of the City are
included with this package.
A site plan has been included which shows the layout of the new street and lots. It also shows
the site relative to the surrounding land uses. The surrounding neighbourhood is a wide range
of residential uses ranging from single family homes to high rise apartments. This
development is a medium density development, and is consistent with existing uses in the
area. Figure 1 below shows a current zoning map of the area and we can see that uses in the
area range from R1 to RH.
We are working with Saint John Water to fully understand the availability of water and sanitary
services to support this development. Preliminary discussions indicate adequate water and
sewer capacity. Detailed design will address this is greater detail.
Saint John Transit currently services this area and has indicated a willingness to add a bus
stop at the intersection of the new street and Heater Way as development progresses.
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 2N5 F 506.433.6868 infoa-dmse.ca
,,, .
SURVEYS
ENGINEERING �LTD.
Figure 1: Current Zoning Map
Stormwater management will be part of the detailed design for each site. Each site will be
designed in such a way that stormwater is stored on the site reducing peak flows to pre -
development levels.
A berm topped with a vegetated hedge will be installed between this development and the
adjacent development to the north. This will provide buffering and screening between the
existing single family homes and the new multi -family development.
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 2N5 F 506.433.6868 infoa-dmse.ca
,,, .
SURVEYS
ENGINEERING �LTD.
This development is located off Heather Way which is a major arterial street in the City.
Existing services exist in this area and this development can be considered as infill for this
existing area.
The buildings will be constructed of a high quality exterior facade. Photos of a similar project
are included with this package.
Municipal Plan
This area is designated as Stable Residential and is located within the Primary Development
Area in the municipal plan. See figure 2.
Figure 2: Municipal Plan
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 2N5 F 506.433.6868 infoa-dmse.ca
,,, .
SURVEYS
ENGINEERING �LTD.
The Municipal Plan contains three policy statements related to this type of development:
Policy LU -86. Create the Stable Residential designation on the Future Land Use map
(Schedule 8). Within the Stable Residential designation, housing of almost every form
and density may be found and both the existing neighbourhood context and
compatibility with the Municipal Plan goals will determine suitability of new proposals.
Other compatible uses that may be found in the Stable Residential designation
include convenience stores, home occupations, parks, and community facilities which
are permitted in the designation without amendment to the Municipal Plan.
Policy LU -87. Intend that the areas designated Stable Residential will evolve over time
from a land use and built -form perspective but that new and redeveloped land uses
are to reinforce the predominant community character and make a positive
contribution to the neighbourhood.
Policy LU -88. Ensure that significant new development and redevelopment in areas
designated Stable Residential shall generally be permitted only through a rezoning
process where compliance is demonstrated with the following requirements.-
a.
equirements.a. The proposed land use is desirable and contributes positively to the neighbourhood;
b. The proposal is compatible with surrounding land uses,-
c.
ses,c. The development is in a location where all necessary water and wastewater services,
parks and recreation services, schools, public transit and other community facilities
and protective services can readily and adequately be provided;
d. Site design features that address such matters as safe access, buffering and
landscaping, site grading and stormwater management are incorporated;
e. A high quality exterior building design is provided that is consistent with the Urban
Design Principles in the Municipal Plan, and
f. The proposal is on a property identified as a Corridor on the City Structure map
(Schedule A) or does not detract from the City's intention to direct the majority of new
residential development to the Primary Centres, Local Centres, and Intensification
Areas.
This development is consistent with the existing uses in the area, meets the context of the
municipal plan and fits into plan policy LU -88. The proposed development is consistent with
existing uses and zoning in the area and will provide a positive benefit to this part of the City.
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 2N5 F 506.433.6868 infoa-dmse.ca
`[E:3
From: onestop
To: Melanson. Ken
Cc: Buraess. Aimee
Subject: FW: PID No. 55208300 - Rezoning Application 0 Heather Way
Date: June 17, 2019 12:47:28 PM
Paula Hawkins
One Stop Development Shop
Permitting & Inspection Services
loth floor —City Hall
Saint John, NB E21_41_1
(506)658-2911
Daula.hawkinsrEDsaintiohn.ca
on estop CcD sa i ntio h n.ca
From: Megan Craig [maiIto:Newyrsbaby@hotmaii.com]
Sent: June -17-19 12:41 PM
To: onestop
Subject: PID No. 55208300 - Rezoning Application 0 Heather Way
Good Afternoon.,
I an -i writing regarding the proposed Rezoning Application. for 0 Heatherway 111)
# 55208300.
As a resident of Boyan.er Crescent for the last 6 years, (n-iy husband's parents lived
in the hone since it was built in. 1977, we bought the horne in. August 2013). 1 arn
greatly concerned about this proposal for the following reasons:
1. Any clj'g/bujlcl con-ics with it the concerns of water run. off. 'the properties
on. Boyaner Crescent that will be affected are on. a slope and son -le already
have water issues. As an. insurance broker I know all too well about clients
who never had water issues, that now have issues clue to new con.structiOn.s.
2. The resale values inour neighborhood will definitely not benefit fron-1 this
build.
3. Currently the hon-ics on. nay side of Boyaner Crescent have the benefit of
privacy in. our back yards, I have to assun-ic that '1 'l buildings that are 3
storeys high will affect that privacy.
4. The increased traffic on. I leatherway with only one exit will affect everyone
in my neighborhood, especially in. the winter when. only one lane is plowed
each way on. I leatherway. If all of these units are occupied, there is a
potential of hundreds more vehicles commuting daily.
Along with my concerns, I have the following questions:
1. 1 low far away from my property line will these units and parking areas be?
2. Will these buildings be subsidized or market value rentals?
3. What is the timing for the build, the first letter indicated there would be 8
buildings, when. it was proposed to council they showed 'I'l buildings.
4. Is there any chance there will be more then. or less then. '1 'l bujildjings?
5. Currently there are some trees along our property lines, will more trees be
planted to give us added privacy and security?
6. 1 assume that it would be a requirement for there to be fire hydrants installed
for these buildings, is that correct?
T If this proposal is approved and we have water issues, what responsibility do
the builders have? Is there a time limit for this?
I would honestly be surprised if the owners were able to have enough interest M
this area to occupy all of these units. I feel like '1 'l buildings in. this area is
Megan & Steve Craig
256 Boyaner Crescent
Saint John, NB
E2J 4C7
From: onestop
To: Melanson. Ken
Cc: Buraess. Aimee
Subject: FW: Rezoning Application - 0 Heather Way
Date: June 17, 2019 8:44:53 AM
Paula Hawkins
One Stop development Shop
Permitting & Inspection Services
10th floor —City Hall
Saint John, NB E21_41_1
(506)658-2911
oaula.hawkinslaDsaintiohn.ca
on estop lcDsaintiohn.ca
From: Spiros Nicoles[mailto:spiros.nicoles@gmail.com]
Sent: June -16-19 2:43 PM
To: onestop
Subject: Rezoning Application - 0 Heather Way
To whom it may concern:
I am writing in regards to the rezoning application (PID No. 55208300), which is requesting to
have 11 apartment complexes built off of Heatherway.
I personally do not agree to this proposal. I believe having over 200 plus tenants in one area,
with the only entrance/exit to the area being on Heatherway will cause a lot of traffic and
congestion, especially during school season. Traffic already gets backed up during school
season especially since NBCC is within this area, and this will only make matters extremely
worst.
I also believe that building these complexes in this area takes away from our residential
environment. There are a lot of homes in and off of Heatherway and we all take pride of our
home and property. Having apartment buildings built in a "housing" style area, will create a
revolving door of tenants, and we really do not know what type of people will be living there.
These tenants will not own property or homes in the area and therefore can bring or attract
unwanted individuals who have little care for other people's properties. This issue exist in
other parts of the city, including East Saint John, where apartment complexes mixed with
home neighborhoods have brought unwanted problems to the home owners.
Previously, someone wanted to build a trailer park in this area (I'm not sure if this is the same
builder). The neighborhood spoke against the trailer park and that plan was put to rest, and
now you are suggesting a switch to apartment buildings. Going from trailer park to apartment
buildings does not fix our neighborhood concerns, nor does it respect the concerns we had.
This proposal creates the same problems and/or concerns we previously had. The only thing
that is happening here is that you are changing the style, but ignoring all of our concerns from
before.
151
What is even more concerning is that only people on Boyaner Cres received letters in regards
to this proposal, No one else close to this area off of Heatherway received letters or were
asked for their input on this matter, like they were last time when the trailer park was
proposed.
Everyone in the area, from Boyaner and Wyatt Crescent, for example will be impacted by this
and everyone should be notified and asked for an opinion.
If you want to build actual houses/homes, to keep the same style of neighborhood we have had
since the Heatherway area was first developed decades ago, then by all means go ahead, but
creating complexes that congest our area, and allow the potential for revolving door tenants,
without anyone knowing what type of individuals will be living there, well there is no need for
this. We want to keep the same style development in this area as we always had, meaning no
apartment complexes or trailer parks.
Also, the proposed two rows of trees between the new property and Boyaner Cres, in theory
may be great, but does not separate the two areas or create privacy.
I hope you consider my suggestion before making a final decision.
Thank you for your time.
Spiros Nicoles
`M
Jill Good June 17, 2019
23 Falcon Crescent
Saint John, NB
EVOCS
Jillian oodl4t�maLcom,
Planning Advisory Committee,
Having grown up and lived in the area my entire life there was no other choice when it came time for my
husband and I' to purchase our home 10 years ago, at 23 Falcon Crescent, which is in close proximity to
this proposed development.
We are in favour of the proposed development as outlined in the report at 0 Heather Way, and are
happy to see the area developed. We ask that the owner consider the following:
1) We would ask that the Planning Advisory Committee notes that while the subject site is
currently surrounded by undeveloped lands that represent future development opportunities, it
is important to note that it is also in very close proximity is a large subdivision and high school.
All of which are serviced by municipal sewer and water infrastructure. Please ensure that the
proper drawings and studies are conducted prior to construction of Phase 1 to guarantee that
there are no impact to existing homeowners in the area.
2) My grandmother lives at 20 Jimegal lane highlighted on the map below:
MV
The previous owner cleared the land of most of the trees. We ask that the new owner consider
leaving the trees that remain at the back of the subject site along Hedley Street & Jimegal Lane
properties (shown with a green line) and provide the same treed buffer and berm that is
proposed for along Boyaner Crescent in 2 a of the recommendations outlined in the report.
3) We would like the owner to know that there is currently neighbourhood interest in revitalizing
the existing playground on Boyaner Crescent which is only 285 meters from the subject site.
While the report indicates that they looking to attract students that attend NBCC given the close
proximity, we feel that long term tenants are what will ensure success and allow for the full
build out of the proposed development. To attract long term, quality tenants investments into
recreational amenities such as the Boyaner Crescent playground are important to attracting
families and growing the City of Saint John.
Residents from Falcon Crescent and Boyaner Crescent have met with Parks & Recreation staff
and are in preliminary discussions on revitalizing the playground area and its equipment.
Given the proposed developments very close proximity to the existing Boyaner Crescent
Playground and that the residents of the new development would greatly benefit from the use
of the neighbouring playground, we ask that the owner consider directly investing into the
Boyaner Crescent Playground. We would love to work with the new owner on making the area
an even more attractive place for families to live and grow.
Thank you so much for investing in this area and consider my letter.
M1511
June 18/2019
Dear Planning Advisory Committee,
Regarding the proposed rezoning of 0 Heatherway. We are not in favour of the rezoning of this area for
the following reasons. I live at 10 Jimegal Lane, and my mother lives at 20 Jimegal Lane which is directly
adjacent to the land in the proposal. We have lived in this area for approximately 35 years.
• 1 feel that my current property value would be negatively impacted by the construction of
multiple 3 story apartment buildings within sight of my home. Both my home and my mother's
home will have a full view of the back of these buildings which are at a higher elevation than
ours and therefore will stand out on the skyline which currently is a forest view.
• The developers plan to rent apartments to students from NBCC is also concerning to us. This
does not seem to be a solid business plan on their part to rely on possible student rental
income to sustain and upkeep properties of this type and we are concerned that they will fall
into disrepair over a shorter period of time.
• The rental to students means that there will be a constant change of residents in the area that
may have no vested interest in contributing to the community at large.
• We are also concerned that the construction may affect the water supply in the area of homes
that are on wells and springs.
In closing if this proposal were to be approved, we ask that the developer maintains the tree line at the
back of the property adjacent to Flecknell Ave, Hedley St, and Jimegal Lane and also installs and
maintains the same landscaped buffer proposed for the property adjacent to Boyaner Crescent.
Sincerely;
David and Patricia Flecknell
10 Jimegal Lane,
Saint John, NB
Mavis Flecknell
20 Jimegal Lane,
Saint John, NB
Growth & Community Planning, Team
0 Heather Way
156
•
Proposal
158
SAINT JOHN
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Landscaped act as along properties
lands.Boyaner Crescent.
Cul-de-sac — future connectivity to underdevelopeiV
plans,* Site details
! ■
waterPhase 1 & 2 limits on development — future
development will require monitoring, upgrades.
* Storm !' ! g e plan.
12
167
Public Engagement
Public Engagement
Staff Recommendation
Public Engagement
PAC Recommendation
�U��%
, CIVICADDRESS: 'Heather Way Plo#: 55208300
HERITAGE AREA: Y NSIFICATION AREA: Y N
/ FLOOD RISK AREA: Y/ � PROVED GRADING PLAN: Y N
APPLICATION ATE RECEIVED:
�l
RECEIVED BY:
t
APPLICANT EMAIL PHONE
I i Don -More Surveys & Engineering Ltd. On Behalf of Dunnett's Landscaping Ltd. at@dmse.ca 506.636:2136
MAI U NG ADDRESS POSTAL CODE
4-60 Maple Avenue, Sussex, NB E4E 2N5
1y
CONTRACTOR EMAIL PHONE
MAILING ADDRESS POSTAL CODE
�e
OWNER ' EMAIL PHONE
DU In Ltd. dUMettSlandSCa In mall.COm
Landscaping P 9@�
/r
� NG ADDRESSandSCa
POST AL CODE -.
101 Cedarwood Dr. Saint John, NB E21K 5P5
PRESENT USE: Vacant Land PROPOSED USE: New development
INTERIORRENOVATION[Z]NEW CONSTRUCTION ARIANCE HERITAGE DEVELOPMENT
QSTREETEXCAVATION
EXTERIOR �ACCESSORYBLDG LANNINGLETfER �HERITAGESIGN
DRIVEWAY CULVERT
OADDITION POOL ACAPPLICATiON DRAINAGE HERITAGE INFILL
RDECK DEMOLITION UNCILAPP WATER & SEWERAGE E]HERITAGEDEMO
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[] CHANGE OF USE SIGN SUBDIVISION MOTHER OTHER
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DMINIMUMSTANDARDS OTHER OTHER
1 �1'
R a-zonin to RM zone to support 3 story apartment buildings. See attached site plan and details.
Dan c4tS I
QI consent to the City of Saint John sending to me commercial electronic messages, from time to time, ding City initiatives and incentives.
General Collection Statement
/Itis information is being collected to order for the Ctry of Saint John to deliver an existing
programservice; the collection is limned to that which is necessary to deliver tire program
service. Unlcss required to do to by lam, the City of Smnt John will not share your personal
mformarion with any third parry- wnhoul your express consent
lb, legal a"tha.ri Jar call,, ung tlrrs uj rmalon rs h.r he f ound rn the Muntcipalincs At and
the Right to Information and Protection of privacy Act. For further information or questions
regarding thio snllet Iran of personal information. please contact the Act. ess K Privacv Oricer:
try Hall Building
Nth Moor - 15 ,Llarket Square
Saint John,, NBL21, 1 E
(506, 658-2862
Mal tl Sib Wb
173
e hereby apply for the permits) or approval(s), indicated
above for the work described on plans, submissions and
forms herewith submitted. This application includes ail
relevant documentation necessary for the applied for
permit(s) or approval(s). I agree to comply with the
plans, specifications and further agree to comply with all
relevant City By-laws and conditions imposed.
By submitting a complete permit application, the applicant
grants permission to City inspectors to enter the land,
building or premises at at/ reasonable times for the purposes
ob6pnducting inspection(s) associated with the permit.
5/9/2019
Customer Copy
City of Saint John
ONE STOP DEVELOPMENT SHOP
15 Market Sq 10th Floor
506-658-2911
onestop@saintjohn.ca
Term ID: 001
Sale - Approved
Date
05/09/19 Time 14:39:13
Method of Payment
Visa
Entry Method
Manual
Customer Name
Dunnits Landscaping
Account#
XXXXXXXXXXXX8024
Order ID PA190084
Order Description: 0 Heatherway ZONE
Approval Code 465895
Amount $2,500.00
Thank you for your business!
Customer Copy
https:llsecu re.payme ntech. comlmanagerlreceiptAction.do?subaction=generateRece ipt&tra nsType=n ewOrder&receiptType=B
174
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175
Site Plan
Dunnett's
Landscaping Ltd.
Heather Way, Saint John,
Saint John County, NB
176
Site Plan
Dunnett's
Landscaping Ltd.
Heather Way, Saint John,
Saint John County, NB
sd.• isao
177
Site Context Plan
Dunnett's
Landscaping Ltd.
Heather Way, Saint John,
Saint John County, NB
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LandLandscapingPla
Dunnett';
Landscaping Ltd.
Heather Way, Saint John,
Saint John County, NS
IWO
40 SURVEYS &
ENGINEERING LTD.
May 2, 2019
Kenneth Melanson, BA, RPP, MCIP
Manager of Community Planning
Growth & Community Development Services — City of Saint John
VIA E -Mail: n. I n i tioh .c
Re: Planning Review
This proposed development is located adjacent to Heather Way in east Saint John. The
development will involve the construction of a new street accessed from Heather Way, and
eleven building lots. Each lot will contain a twenty-four unit, three story apartment building and
associated site features. Photos of a similar project completed in another part of the City are
included with this package.
A site plan has been included which shows the layout of the new street and lots. It also shows
the site relative to the surrounding land uses. The surrounding neighbourhood is a wide range
of residential uses ranging from single family homes to high rise apartments. This
development is a medium density development, and is consistent with existing uses in the
area. Figure 1 below shows a current zoning map of the area and we can see that uses in the
area range from R1 to RH.
We are working with Saint John Water to fully understand the availability of water and sanitary
services to support this development. Preliminary discussions indicate adequate water and
sewer capacity. Detailed design will address this is greater detail.
Saint John Transit currently services this area and has indicated a willingness to add a bus
stop at the intersection of the new street and Heater Way as development progresses.
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 21\15 F 506.433.6868 info _ dmse.ca
ii F-1191
Figure 1: Current Zoning Map
Stormwater management will be part of the detailed design for each site. Each site will be
designed in such a way that stormwater is stored on the site reducing peak flows to pre -
development levels.
A berm topped with a vegetated hedge will be installed between this development and the
adjacent development to the north. This will provide buffering and screening between the
existing single family homes and the new multi -family development.
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 2N5 F 506.433.6868 info(c dmse.ca
0 -04000- i'
41 SURVEYS&'
ENGINEERING LTD.
This development is located off Heather Way which is a major arterial street in the City.
Existing services exist in this area and this development can be considered as infill for this
existing area.
The buildings will be constructed of a high quality exterior facade. Photos of a similar project
are included with this package.
Municipal Plan
This area is designated as Stable Residential and is located within the Primary Development
Area in the municipal plan. See figure 2.
Figure 2: Municipal Plan
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 2N5 F 506.433.6868 info __dmse.ca
IWO
40 SURVEYS 8"
ENGINEERING
The Municipal Plan contains three policy statements related to this type of development:
Policy LU -86: Create the Stable Residential designation on the Future Land Use map
(Schedule 8). Within the Stable Residential designation, housing of almost every form
and density may be found and both the existing neighbourhood context and
compatibility with the Municipal Plan goals will determine suitability of new proposals.
Other compatible uses that may be found in the Stable Residential designation
include convenience stores, home occupations, parks, and community facilities which
are permitted in the designation without amendment to the Municipal Plan.
Policy LU -87: Intend that the areas designated Stable Residential will evolve over time
from a land use and built -form perspective but that new and redeveloped land uses
are to reinforce the predominant community character and make a positive
contribution to the neighbourhood.
Policy LU -88: Ensure that significant new development and redevelopment in areas
designated Stable Residential shall generally be permitted only through a rezoning
process where compliance is demonstrated with the following requirements:
a. The proposed land use is desirable and contributes positively to the neighbourhood;
b. The proposal is compatible with surrounding land uses,
c. The development is in a location where all necessary water and wastewater services,
parks and recreation services, schools, public transit and other community facilities
and protective services can readily and adequately be provided;
d. Site design features that address such matters as safe access, buffering and
landscaping, site grading and stormwater management are incorporated;
e. A high quality exterior building design is provided that is consistent with the Urban
Design Principles in the Municipal Plan; and
f. The proposal is on a property identified as a Corridor on the City Structure map
(Schedule A) or does not detract from the City's intention to direct the majority of new
residential development to the Primary Centres, Local Centres, and Intensification
Areas.
This development is consistent with the existing uses in the area, meets the context of the
municipal plan and fits into plan policy LU -88. The proposed development is consistent with
existing uses and zoning in the area and will provide a positive benefit to this part of the City.
60 Maple Avenue, Suite 4, T 506.433.4427 www.dmse.ca
Sussex, NB E4E 2N5 F 506.433.6868 info0dmse.ca
`E:191
PROPOSED ZONING BY-LAW
AMENDMENT
RE: 0 HEATHER WAY
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The City of Saint John Zoning
By-law at its regular meeting to be held in the
Ludlow Room, City Hall, on Monday, July 8,
2019 at 6:30 p.m., by:
Rezoning a parcel of land having an area of
approximately 55,603 square metres, located at 0
Heather Way, also identified as PID No. 55208300,
from Two -Unit Residential (R2)_ to Mid -Rise
Residential (RM), as illustrated below.
PROJET DE MODIFICATION DE
L'ARRETE DE ZONAGE
OBJET: 0, VOIE HEATHER
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'6tudier la
modification suivante a 1'Arr&6 de zonage de The
City of Saint John, lors de la reunion ordinaire qui
se tiendra dans la salle Ludlow, a Ph6tel de ville, le
lundi, 8 juillet 2019 a 18 h 30:
Rezonage d'une parcel le de terrain d'une superficie
d'environ 55,603 metres carr6s, situ6e au 0 Voie
Heather, et portant le NID 55208300, de zone
residentielle bifamiliale (R2) a zone residentielle
— Immeubles d'habitation de hauteur
moyenne (RM) comme le montre la carte ci-
dessous.
REASON FOR CHANGE:
To construct a number of multi -residential
buildings in phases, with access off a new public
street.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Growth and Community
Development Services, City Hall, 15 Market
Square, Saint John, N.B. between the hours of 8:30
a.m. and 4:30 p.m., Monday through Friday,
inclusive, holidays excepted.
ilE:1!
RAISON DE LA MODIFICATION:
Construire un certain nombre d'immeubles
multir6sidentiels en plusieurs phases, avec acc6s
par une nouvelle rue publique.
Toute personne int6ress6e peut examiner le projet
de modification au bureau du greffier communal ou
au bureau du service de la croissance et du
d6veloppement communautaire a I'h6te1 de ville
situ6 au 15, Market Square, a Saint John, au
Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les jours f6ri6s.
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 6crit a I'attention du soussign6 a
1'h6tel de ville.
If you require French services for a Common Si vous avez besoin des services en frangais pour
Council meeting, please contact the office of the une r6union de Conseil Communal, veuillez
Common Clerk. contacter le bureau du greffier communal.
Jonathan Taylor, Common Clerk
658-2862
iF-117
Jonathan Taylor, Greffier communal
658-2862
BY-LAW NUMBER C.P.111-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By-law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area of
approximately 55,603 square metres,
located at 0 Heather Way, also identified as
PID No. 55208300 from Two -Unit
Residential (R2) to Mid -Rise Residential
(RM)
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2019
and signed by:
Mayor/Maire
ARRETE No C.P. 111-
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete de zonage de The City of
Saint John, decrete le quinze (15) decembre
2014, est modifie par:
1 La modification de ]'annexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 55,603 metres carres, situee a 0
Voie Heather et portant le NID 55208300,
de zone residentielle bifamiliale (R2) zone
residentielle — Immeubles d'habitation de
hauteur moyenne (RM)
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le * 2019,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading -
Premiere lecture -
Second Reading -
Deuxieme lecture -
Third Reading -
Troisieme lecture
iDN
June 20, 2019
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Rezoning Application
646-648 Westmorland Road
On May 20, 2019 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 18, 2019 meeting.
The City of Saint John.
Mr. Brandon Bates of Toss Solutions, representing St. Mary's & St.
Bartholomew's Church, appeared before the Committee and was in agreement
with the Staff recommendation. Mr. Bates provided details on the history of the
former rectory building and how it was purchased back by the Church and would
be used to support the East Side Food Bank.
Mr. Harold McInnis with the East Side Food Bank and Rev. Greg McMullen
(Rector) of Saint Mary's and Saint Bartholomew's Church also provided details
on the need for the East Side Food Bank to relocate from it's current location and
desire by the church to expand community based programs.
Committee members questioned the presenters on how clients of Food Bank
travelled to the facility. The Committee also had questions on dealing with waste
and composting. The presenter group explained that most users of the food
bank drive and some use transit. Rev. McMullen also detailed conversations
with Saint John Transit about potential relocation of transit to stop in front of the
church to help support the food bank and expanded community programs. He
advised Committee these talks are still ongoing. The presenters advised that
currently there is no composting available for commercial pick up.
No members of the public appeared before the Committee to support or object to
the proposal.
Page 1 of 3
187
St. Mary's & St. Bartholomew's. 646-648 Westmorland Rd June 20, 2019
Upon considering the Staff report, comments from the applicant and letters of
opposition, the Committee voted in support of the Staff recommendation
RECOMMENDATION:
That Common Council rezone a parcel of land having an area of
approximately 1,000 square metres, located at 648 Westmorland Road
also identified as PID No. 55161897 from Two -Unit Residential (R2) to
Neighbourhood Community Facility (CFN).
2. That Common Council rescind the Section 39 conditions imposed on the
August 19, 2002 rezoning of the property located at 646-648
Westmorland Road also identified as PID No. 00303545.
3. That Common Council hereby imposes pursuant to the provisions of
Section 59 of the Community Planning Act (SNB 2017, c.19) the following
conditions upon the development and use of the parcel of land having an
area of approximately 19,352 square metres, located at 646-648
Westmorland Road also identified as PID No. 00303545:
a. The use of the site is limited to senior citizens' apartment
development, parking area, and access for the adjacent place of
worship and food bank.
b. The developer must pave all new parking areas, loading areas,
manoeuvring areas, and driveways with asphalt and enclose them
with cast -in-place concrete curbs to protect landscaped areas and
facilitate proper drainage.
c. Adequate site drainage facilities (including catch basins) must be
provided by the developer in accordance with a detailed drainage
plan, prepared by the developer and subject to the approval of the
Chief City Engineer or his designate.
d. All utilities, including power and telephone, must be provided
underground.
e. The portion of the rezoned area abutting the lots fronting on
Longview Court must consist of a landscaped planting strip with a
minimum width of 3 metres (10 feet), and shall include a
continuous row of deciduous and/or coniferous trees and a
continuous board -on -board fence with a minimum height of 1.5
metres (5 feet).
Page 2 of 3
188
St. Mary's & St. Bartholomew's. 646-648 Westmorland Rd June 20, 2019
f. All other disturbed areas of the site not occupied by buildings,
driveways, walkways, parking, or loading areas must be
landscaped by the developer.
g. The site shall not be developed except in accordance with a
detailed site plan and building elevation plans, prepared by the
developer and subject to the approval of the Development Officer,
indicating the location of all buildings, parking areas, driveways,
loading areas, signs, exterior lighting, landscaped areas and other
site features, including those listed above. The approved site plan
must be attached to the application for building permit for the
development.
h. All site improvements shown on the approved site and drainage
plans must be completed within one year of building permit
approval.
Respectfully submitted,
-C
Eric Falkjar
Chair
Attachments
Page 3 of 3
189
The City of Sint. John
Date: June 14, 2019
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, June 18, 2019
SUBJECT
Applicant:
Owner:
Location:
Plan Designation:
Existing Zoning:
Proposed Zoning:
Application Type:
Jurisdiction:
St. Mary's & St. Bartholomew's Church
Corporation of the Anglican Parish of Cold Brook — St. Mary
646-648 Westmorland Road
00303545 and 55161897
Stable Residential
Two -Unit Residential (R2)
Neighbourhood Community Facility (CFN)
Rezoning & Section 59 Amendment
The Community Planning Act authorizes the Planning Advisory
Committee to give its views to Common Council concerning
proposed amendments to the Zoning By-law and Section 59
(previously Section 39) Amendments. Common Council will
consider the Committee recommendation at a public hearing on
Monday, July 8, 2019. Committee may impose conditions.
Page 1 of 7
190
St. Mary's 648 Westmorland Road June 14, 2019
SUMMARY
The applicant is seeking a rezoning of the property located at 648 Westmorland Road from
Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN). This will accommodate
the operation of the East Side Food Bank, with plans for future expansion. In addition, the
applicant is requesting an amendment to an existing condition on the neighbouring site (PID
00303545) where existing conditions restrict the use to a seniors' residence. This amendment is
being requested to allow the use of the aforementioned site as an access and parking area for
648 Westmorland Road.
RECOMMENDATION
That Common Council rezone a parcel of land having an area of approximately 1,000
square metres, located at 648 Westmorland Road also identified as PID No. 55161897
from Two -Unit Residential (R2) to Neighbourhood Community Facility (CFN).
2. That Common Council rescind the Section 39 conditions imposed on the August 19,
2002 rezoning of the property located at 646-648 Westmorland Road also identified as
PID No. 00303545.
3. That Common Council hereby imposes pursuant to the provisions of Section 59 of the
Community Planning Act (SNB 2017, c.19) the following conditions upon the
development and use of the parcel of land having an area of approximately 19,352
square metres, located at 646-648 Westmorland Road also identified as PID No.
00303545:
a. The use of the site is limited to senior citizens' apartment development, parking
area, and access for the adjacent place of worship and food bank.
b. The developer must pave all new parking areas, loading areas, manoeuvring
areas, and driveways with asphalt and enclose them with cast -in-place concrete
curbs to protect landscaped areas and facilitate proper drainage.
c. Adequate site drainage facilities (including catch basins) must be provided by the
developer in accordance with a detailed drainage plan, prepared by the
developer and subject to the approval of the Chief City Engineer or his designate.
d. All utilities, including power and telephone, must be provided underground.
e. The portion of the rezoned area abutting the lots fronting on Longview Court
must consist of a landscaped planting strip with a minimum width of 3 metres (10
feet), and shall include a continuous row of deciduous and/or coniferous trees
and a continuous board -on -board fence with a minimum height of 1.5 metres (5
feet).
Page 2 of 7
191
St. Mary's 648 Westmorland Road June 14, 2019
f. All other disturbed areas of the site not occupied by buildings, driveways,
walkways, parking, or loading areas must be landscaped by the developer.
g. The site shall not be developed except in accordance with a detailed site plan
and building elevation plans, prepared by the developer and subject to the
approval of the Development Officer, indicating the location of all buildings,
parking areas, driveways, loading areas, signs, exterior lighting, landscaped
areas and other site features, including those listed above. The approved site
plan must be attached to the application for building permit for the development.
h. All site improvements shown on the approved site and drainage plans must be
completed within one year of building permit approval.
DECISION HISTORY
On April 22, 2003, Common Council rezoned this parcel (PID 55161897) from "IL-1"
Neighbourhood Institutional to "R-2" One and Two Family Residential in order to recognize the
long -existing residential use of the former church rectory, which was no longer being used in
conjunction with the nearby church.
On August 19, 2002, Common Council rezoned PID 00303545 (the property to the east) from
"IL-1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential in order to permit
a senior citizens' apartment development. The rezoning was subject to a number of Section 39
(now Section 59) conditions dealing with site development requirements including paving,
curbing, site drainage, underground utilities, landscaping, and site plan approval. The Planning
Advisory Committee had recommended the proposed rezoning, including the Section 39
conditions, at its July 30, 2002 meeting. At the same time the Committee granted several
variances from the requirements of the Zoning By-law and Subdivision By-law in order to permit
the creation of separate lots for the former rectory, the seniors' apartment development site and
the adjacent St. Mary & St. Bartholomew Anglican Church (646 Westmorland Road), and to
permit an addition to the rear of the rectory.
ANALYSIS
Proposal
The applicant is proposing to rezone 648 Westmorland Road from Two -Unit Residential (R2) to
Neighbourhood Community Facility (CFN). The proposal would allow for the use of the property
as a food bank and expansion to the building. An amendment to the Section 59 conditions on
the adjacent site (PID 00303545) that restrict the use to solely a seniors' residence is also being
sought to allow access and parking for the Place of Worship and proposed Food Bank.
Page 3 of 7
192
St. Mary's 648 Westmorland Road June 14, 2019
As the use of this property is restricted through the existing Section 39 conditions to a senior
citizens' apartment development an amendment to this condition, in addition to a future seniors
residence is required to allow for access and parking for the food bank site and church.
Site and Neighbourhood
The subject site is a 1,000 square meter lot located in the east of Saint John. The area is
characterized by other Two -Unit Residential & Mid -Rise Residential developments as well as
City owned community facilities on adjacent lots. The site is located in the Forest Hills
community, and is located within a Stable Residential area.
The site currently has a dwelling owned by the Anglican Church and was previously used as a
parish rectory structure. There are plans to expand the building to accommodate the needs of
the proposed tenants, as well as future planned uses permitted by the by-law. These future
uses include community cooking classes, a clothing depot, a small laundry facility, reading
programs in collaboration with the library, among others.
Both lots (PID 00303545 and 55161897) are owned by the Corporation of the Anglican Parish of
Cold Brook - Saint Mary, as well as the adjacent lot where the Saint Mary's and St.
Bartholomew's Church and corresponding parking lot operate. This parking lot extends onto PID
00303545. Though the zoning of the lot does not permit the exclusive use of the land as a
parking lot or access road, as the applicant plans to develop PID 00303545, and therefore Staff
does not believe this to be detrimental to the surrounding community, as the parking would be
secondary to the Place of Worship use.
Municipal Plan
The Municipal Plan, through its policies, supports the applicant's rezoning application and the
Section 59 amendment. Policies CF -40 and LU -126 support the reuse of religious facilities for
other community uses and collaboration between social agencies. The site is in close proximity
to one of the City's district recreational hubs, adding to the social benefits of the area.
The rezoning would allow the church to provide other secondary uses in accordance with a
Place of Worship, including cooking classes, a clothing depot, a laundry facility, reading
programs, among other community outreach services, therefore, meeting the intent of the
Policies CF -40 and LU -126 of the Plan.
Rezoning and Section 59 Amendment
The site containing the former rectory, while it fronts on Westmorland Road, has driveway
access through the adjacent parcel (PID 00303545) which is also where parking for the
proposed food bank will be provided. As these parcels and the adjacent parcel containing the
place of worship are all under same ownership (Anglican Church), no issues with the parking
and access arrangement are anticipated.
Page 4 of 7
193
St. Mary's 648 Westmorland Road June 14, 2019
The use of this adjacent parcel is subject to conditions imposed by Common Council in 2002 in
conjunction with a rezoning application for the site to permit a seniors' housing development.
These conditions outline various standards related to site development standards and also
restrict the use of the parcel to the proposed seniors' housing development. Staff recommend
the conditions be amended to provide for the parking and access to the church and food bank
as additional uses of the site.
Conclusion
Approval of the Rezoning of the site to allow for the relocated and expanded food bank is
recommended on the basis that the rezoning will be beneficial to the surrounding community,
and fits within the surrounding community context. This is an ideal location for the non-profit
operation as it is a cost effective and an accessible area. The amending of the Section 59
condition on the adjacent site is also recommended to accommodate the operations of the
Place of Worship and Food Bank while allowing for the development of the seniors facility in the
future.
ALTERNATIVES AND OTHER CONSIDERATIONS
No alternatives were considered.
ENGAGEMENT
Public
In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to
landowners within 100 metres of the subject property on June 7, 2019. The Public Hearing for
the rezoning was advertised on the City's website beginning on June 17th, 2019.
SIGNATURES AND CONTACT
Prepared:
Corey Cooper, MPlan
Planner
Page 5 of 7
194
St. Mary's 648 Westmorland Road June 14, 2019
Reviewed:
Kenneth Melanson, BA, RPP, MCIP
Manager, Community Planning
Contact:
Cooper, Corey
Phone:
(506) 632-6846
E-mail:
corey.cooper@saintjohn.ca
Project:
19-0085
Approved:
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
Page 6 of 7
195
St. Mary's 648 Westmorland Road June 14, 2019
APPENDIX
Map 1: Site Location
Map 2: Municipal Plan
Map 3: Zoning
Map 4: Aerial Photography
Map 5: Site Photography
Submission 1: Site Plan
Submission 2: Floor Plan
Submission 3: Rendering
Page 7 of 7
196
Map 1 - Site The City of Saint John �
p
Date, June -05-19 j `Pa
Corporation f the Anglican Parish f l r W t. r -'W46-648 tm rl n
The City of Saint John
Map 2 - Future Land Use Date, June -05-19
198
Corporation of the Anglican Parish of Coldbrook - St. Mary - 646-648 Westmorland Road
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The City of Saint John 40�V
� Map f, , 3 - Zoning Date, June -05-19
199
Corporation of the Anglican Parish of Coldbrook - St. Mary - 646-648 Westmorland Road
The City of Saint JohnMap 4 - Aerial Photography
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To whom this may concern:
I am sorry to inform you that me and my family is not in favor of converting the said residential
house into a food bank. This may change the peaceful sorroundings that we have right now and
security of my family as well.
Thank you.
Truly yours,
Bella Buban
Toni Belle Buban
Karlo Antonio Buban
W916.1
LONGVIEW PARK HOMEOWNERS INC
Planning Advisory Committee
City of Saint John, Growth & Development Services
June 17, 2019
Dear Sir/Madam:
In response to the letter from the Community Planning and Development regarding the
Rezoning -648 Westmorland Road the homeowners of Longview Court have a question and
concerns.
How much green space is planned along the proposed parking space and the Longview
Court property?
There is a concern that the extended parking lot will provide the public with open access to the
Longview Court Property. Also, there will be a significant increase in walking traffic from the
Golden Grove Road neighborhoods through the area behind our property. We request that the
church erect and maintain a metal chain link fence the full length of the property boarder.
A food bank will generate large amounts of food waste/garbage that will be a draw for rats and
other rodents. This has become an issue for homeowners in other areas of the east end of Saint
John. We suggest the garbage area be at street side of building to be as far away as possible
from residential homes.
The Longview Court community is home to a number of seniors and young families. We
understand the need for a Food Bank in the East Saint John area but are concerned about the
impact this plan will have on our safety and well-being.
We appreciate your consideration of our concerns and hope to have a satisfactory resolve.
Sincerely,
Lloyd Teakles, President
Longview Court Homeowners Inc.
Lial-lohi 5C ,,,,,, alll.co
1-506-633-8512
PA to]
Growth & Community Planning, Team
Gro,wth & Community Devetopment Services
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213
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View from Church Lot
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Municipal Plan
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includingsecondary uses in accordance with a Place of Worship,
! depot,! laundry
facility, programs, among other community
outreach services meeting the intent of the Policies CF -
11 221
Public Engagement
Staff Recommendation
Public Engagement
PAC Recommendation
(oussi disponible en frongais)
Type of Application
E] Municipal Plan Amendment
I Zoning By-law Amendment
I Amendment to Section 39 Conditions
El Zoning Confirmation Letter
Contact Information
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Existing Plan Designation of Property Proposed Plan Designation of Property
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Description of Application
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P.O.Box 1971 Saint John, N8 Canada
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E] Amendment By-law Amendment / Rezoning with Municipal Plan
Amendment
[t� Zoning By-law Amendment / Rezoning
❑ Amendment to Section 39 Conditions
❑ Variance, Conditional Use, Similar / Compatible Use, Temporary
Use, Change / Re-establishment of Non -Conforming Use
❑ Zoning Confirmation Letter, Letter for Liquor Licensing
❑ Development Officer of Exemption 1 Approval
❑ Subdivision:
Serviced
❑ Unservieed
Copies of By-laws:
Subdivision
Zoning
Municipal Plan (Electronic Format)
Municipal Plan (Hard Copy)
$3,500
$2,500
$2,500
$250
$100
$10
$250, plus $50 per lot
$1,200, plus $100 per lot
$15
$30
$30
$75
Type de service
❑ Modification de Parrete do zonage / rezonage avec modification de
plan municipal
❑ Modification de 1'arrdW de zonage / rezonage
❑ Modification de conditions regies par Particle 39
Derogation, Usage conditionnel, Usage comparable / compatible,
❑ Usage temporaire, Remplacement / retablissement d'un usage non-
conforme
❑ Lettre de confirmation de zonage, Lettre pour permis d'alcool
❑ Exemption ou approbation de Pagent d'amdnagement
❑ Lotisscment:
Avec services
Sans services
❑ Copies des arreWs :
Lotissement
Zonage
Plan municipal (format dlectronique)
Plan municipal (papier)
3500$
2500$
2500$
250$
100$
10$
250 $, plus 50 $ pour
chaque terrain
1 200 $, plus 100 $ pour
chaque terrain
15$
30$
30$
75S
P.O. Box 1971 Saint John, N8 Canada E21.4r1 w ..saintjohn..ca C.P. 1971 Saint John.. N, a, Canada E21.41.1
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FIRE HYDRANT
LIGHT STANDARD
L.S.
U.P.
UTILITY POLE
B.H.
BORE HOLE LOCATIONS
DATUM POINT/ BENCH
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NEW GRADE ELEVATION
EXISTING GRADE
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PROPERTY LINE
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STORM LINE
— w —
WATER LINE
S —
SANITARY LINE
F —
FIRE PROTECTION
WATER LINE
P —
POWER LINE
GAS —
GAS LINE
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FLOW DIRECTION
(DRAINAGE)
X X —
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LIMITS OF EASEMENTS
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LIMITS OF CONTRACT
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BY-LAW NUMBER C.P. 111-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By-law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area of
approximately 1,000 square metres, located
at 648 Westmorland Road, also identified
as PID No. 55208300 from Two -Unit
Residential (R2) to Neighbourhood
Community Facility (CFN)
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2019
and signed by:
Mayor/Maire
ARRETE No C.P. 111-
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
ddcrdtd ce qui suit :
Uarr&6 de zonage de The City of
Saint John, ddcr6t6 le quinze (15) ddcembre
2014, est modifid par:
1 La modification de Pannexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la ddsignation pour
une parcelle de terrain d'une superficie
d'environ 1,000 metres carrels, situde a 648
chemin Westmorland et portant le NID
55161897, de zone rdsidentielle bifamiliale
(R2) A zone d'installations communautaires
de quartier (CFN)
- toutes les modifications sont indiqudes sur
le plan ci joint et font partie du prelsent
arretd.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arretd le * 2019,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading - Premiere lecture
Second Reading - Deuxieme lecture
Third Reading - Troisielme lecture
P4dc3
A BYLAW RESPECTING THE CODE OF
CONDUCT FOR ELECTED MEMBERS OF
THE CITY OF SAINT JOHN
BYLAW NUMBER LG -S
RECITALS
WHEREAS the Local Governance Act,
authorizes and requires local
governments to establish a Code of
Conduct Bylaw; and
AND WHEREAS as stipulated in New
Brunswick Regulation 2018-64, the
Code of Conduct Bylaw must include
the following mandatory provisions:
ARRETE RELATIF AU CODE DE
DEONTOLOGIE POUR LES MEMBRES
FLUS DE THE CITY OF SAINT JOHN
ARRETE NUMERO LG -S
PREAMBULE
ATTENDU QUE, la Loi sur la
gouvernance locale autorise et exige
que les gouvernements locaux
prennent un Arrete relatif au code de
deontologie;
ET ATTENDU QUE, comme le stipule le
Reglement du Nouveau -
Brunswick 2018-64, I'Arrete relatif au
code de deontologie doit inclure les
dispositions imperatives suivantes :
(a) the values to which Members of a) les valeurs auxquelles sont tenus
Council are expected to adhere; d'adh6rer les membres du conseil;
(b) the behaviour by the Members of
Council toward other Members
of Council, officers, employees
and residents of the local
government, including provisions
respecting bullying,
discrimination and harassment by
Members of Council,
(c) the use of local government
property, resources and services
by Members of Council; and
(d) the use of communication tools
and social media by Members of
Council; and
AND WHEREAS a Code of Conduct
ensures that Members of Council share
b) le comportement des membres du
conseil a 1'endroit aussi bien des autres
membres que des fonctionnaires, des
employes et des residents du
gouvernement local, notamment en ce
qui a trait a l'intimidation, a la
discrimination et au harcelement;
c) l'utilisation que peuvent faire les
membres du conseil des biens, des
ressources et des services du
gouvernement local;
d) l'utilisation que peuvent faire les
membres du conseil des moyens de
communication et des mddias sociaux;
ET ATTENDU QUE, un code de
d6ontologie assure que les membres
du conseil partagent une base et une
1
WE11
a common basis and understanding for
acceptable conduct extending beyond
the legislative provisions governing the
conduct of Members of Council, as set
out in the Local Governance Act; and
AND WHEREAS as Members of Council,
we recognize that our actions have an
impact on the lives of all residents and
property owners in the community;
and
AND WHEREAS the establishment of a
Code of Conduct Bylaw is consistent
with the principles of transparent and
accountable government;
NOW THEREFORE the Common Council
of the City of Saint John adopts certain
rules in the form of a Code of Conduct
Bylaw that further underscores the
requirement that elected officials be
independent, impartial, and duly
responsible in serving their
constituents.
APPLICATION
1. This Code of Conduct Bylaw applies
to all Members of Common
Council, including the Mayor and
Deputy Mayor.
VALUES OF MEMBERS OF COUNCIL
comprehension communes de ce qui
est considers une conduite acceptable
qui va au -dela des dispositions
legislatives qui gouvernent la conduite
des membres du conseil,
conformement a la Loi sur la
gouvernance locale;
ET ATTENDU QUE, en tant que membre
du conseil, nous reconnaissons que nos
actions ont un impact sur la vie de tous
les residents et proprietaires dans la
communaute;
ET ATTENDU QUE, I'instauration d'un
Arrete relatif au code de deontologie
est en harmonie avec les principes d'un
gouvernement transparent et
responsable;
A CES CAUSES, le conseil communal de
The City of Saint John adopte certaines
regles sous la forme d'un Arrete relatif
au code de deontologie qui confirme le
besoin que les representants elus
soient independants, impartiaux et
pleinement responsables alors qu'ils
servent leurs electeurs.
APPLICATION
1. Le present Arrete relatif au code de
deontologie s'applique a tous les
membres du conseil communal,
incluant le maire et le maire
suppleant.
VALEURS DES MEMBRES DU CONSEIL
2. The values of Members of Council 2. Les valeurs des membres du
include: conseil incluent :
(a) Honesty
Members of Council shall be truthful
and open in their roles as Council
a) Honnetete
Les membres du conseil sont sinceres
et transparents dans leur role comme
P�
Members and as members of the City membres du conseil et comme
they serve. membres de la municipalite qu'ils
(b) Respect
Members of Council shall treat every
person, including other Members of
Council, City employees and the public
with dignity and respect.
(c) Transparency and Accountability
Members of Council shall endeavor to
conduct and convey Council business
and all their duties in an open and
transparent manner, other than those
discussions that are authorized to be
dealt with in a confidential manner in
closed session, so that stakeholders
can view the process and rationale
used to reach decisions and the
reasons for taking certain actions.
(d) Confidentiality
Members of Council shall refrain from
disclosing or releasing any confidential
information acquired by virtue of their
office except when required by law or
authorized by Council to do so.
Members shall not take advantage of
or obtain private benefit from
information that is obtained in the
course of or as a result of their official
duties or position that is not in the
public domain.
(e) Leadership and the Public Interest
Members of Council shall serve their
constituents in a conscientious and
diligent manner and act in the best
interests of the City. Members of
Council are expected to perform their
duties in a manner that will bear close
servent.
b) Respect
Les membres du conseil traitent toute
personne, incluant les autres membres
du conseil, les employes de la
municipalite et le public avec dignite et
respect.
C) Transparence et imputabilite
Les membres du conseil doivent
s'efforcer de mener les affaires du
conseil et toutes leurs fonctions d'une
maniere ouverte et transparente, sauf
ces discussions qui peuvent etre tenues
de maniere confidentielle a huis clos,
afin que les parties prenantes puissent
comprendre le processus suivi et les
motifs utilises pour prendre une
decision et les raisons pour agir d'une
certaine fa�on.
d) Confidentialite
Les membres du conseil s'abstiennent
de divulguer ou de diffuser toute
information confidentielle acquise dans
le cadre de leurs fonctions sauf lorsque
requis par la loi ou autorise par le
conseil d'agir de la sorte. Les membres
ne devraient pas tirer parti ou tirer
personnellement profit de
('information qui nest pas du domaine
public qui est obtenue dans le cours ou
du fait de leurs taches officielles ou de
leur poste.
e) Leadership et interet public
Les membres du conseil servent leurs
electeurs d'une maniere
consciencieuse et avec diligence et
agissent dans I'interet superieur de la
municipalite. On s'attend a ce que les
membres du conseil s'acquittent de
3
184ci-1
public scrutiny and shall not provide
the potential or opportunity for
personal benefit, wrongdoing or
unethical conduct.
(f) Responsibility
Members of Council shall act
responsibly and in accordance with the
Acts of the Parliament of Canada and
the Legislature of New Brunswick,
including the Local Governance Act.
This duty includes disclosing actual or
potential conflicts of interest, either
financial or otherwise relating to their
responsibilities as Members of Council.
Each Member of Council is individually
responsible for preventing potential
and actual conflicts of interest.
leurs taches d'une maniere qui puisse
soutenir un examen rigoureux du
public et ne donnent pas lieu a des
avantages personnels reels ou per�us,
des actes reprehensibles ou un
comportement contraire a 1'ethique.
f) Responsabilite
Les membres du conseil agissent d'une
maniere responsable et conformement
aux lois du Parlement du Canada et de
la Legislature du Nouveau -Brunswick,
dont la Loi sur la gouvernance locale.
Cette obligation inclut la divulgation de
conflits d'interets actuels ou potentiels,
qu'ils soient financiers ou autrement
lies a leurs responsabilites comme
membres du conseil. Chaque membre
du conseil est responsable
individuellement de prevenir les
conflits d'interets potentiels et actuels.
BEHAVIOUR OF MEMBERS OF COMPORTEMENT DES MEMBRES DU
COUNCIL CONSEIL
3.1 Members of Council shall conduct
themselves in a professional manner
with dignity and make every effort to
participate diligently in the meetings of
Council, committees of Council and
other bodies to which they are
appointed.
3.2 Members of Council shall perform
their official duties in accordance with
the following general principles:
(a) Be honest and open with Council
Members, local government staff,
and the general public;
3.1 Les membres du conseil se
comportent de maniere
profession nelle, avec dignite, et font
tout en leur possible pour participer
avec diligence aux reunions du conseil,
aux comites du conseil et autres
instances auxquels ils sont nommes.
3.2 Les membres du conseil
s'acquittent de leurs fonctions
officielles conformement aux principes
generaux suivants :
a) En etant honnetes et ouverts avec
les membres du conseil, le
personnel du gouvernement local et
le grand public;
C!
P49YA
(b) Make decisions that are in the best
interest of the City as a whole;
(c) Make decisions based on careful
and objective consideration and
review of the facts;
(d) Ensure that objectivity, impartiality
and transparency are emphasized
in decision-making;
(e) Be accountable for the decisions
made by the Council;
(f) Demonstrate a high level of
integrity and professionalism when
representing the local government
and in dealing with members of the
broader community;
(g) Ensure that all duties are
performed in compliance with
federal and provincial laws, as well
as bylaws, policies and procedures
adopted by the City.
3.3 Members of Council shall at all
times serve and be seen to serve their
constituents in a conscientious and
diligent manner.
3.4 Members of Council shall conduct
their dealings with each other in a way
that maintains public confidence in the
office to which they have been elected,
are open and honest, focus on issues
rather than personalities, avoid
aggressive, offensive or abusive
conduct.
b) En prenant des decisions dans
I'interet superieur de la municipalite
en general;
c) En prenant des decisions fondees
sur un examen attentif et objectif
des faits;
d) En assurant que I'objectivite,
I'impartialite et la transparence sont
mises en valeur lors du processus
decisionnel;
e) En etant responsables des decisions
prises par le conseil;
f) En demontrant un haut niveau
d'integrite et de profession naIisme
Iorsqu'iIs representent le
gouvernement local et lorsqu'ils
font affaire avec les membres de la
communaute en general;
g) En s'assurant que toutes les taches
sont accomplies en respectant les
lois federales et provinciales, ainsi
que les arretes, les politiques et les
procedures adoptes par la
municipalite.
3.3 En tout temps, les membres du
conseil servent et sont consideres
comme servant leurs electeurs d'une
maniere consciencieuse et avec
diligence.
3.4 Lors d'echanges entre eux, les
membres du conseil se comportent
d'une maniere qui maintient la
confiance du public dans la fonction
pour laquelle ils ont ete elus, ils sont
ouverts et honnetes, se concentrent
sur les enjeux plutot que les
personnalites, ils evitent un
P4c1:3
3.5 Members of Council shall treat
members of the public, other Council
Members, local government staff or
individuals providing services on a
casual or contractual basis with dignity,
understanding and respect.
3.6 Members of Council shall promote
the governance framework to ensure
their work environment is free from
discrimination, bullying, offensive
and/or derogatory language, and
harassment and that they are in
compliance with the local
government's policies and procedures,
where applicable.
3.7 Without limiting the generality of
the foregoing, Members of Council
shall not:
(a) Make inappropriate comments or
gestures to or about an individual
where such conduct is known or
ought reasonably to be known to
be offensive to the person(s) to
whom they are directed or about;
(b) Display materials or transmit
communications that are
inappropriate, offensive, insulting
or derogatory;
(c) Make threats or engage in any
abusive activity or course of
conduct toward others, including
bullying;
(d) Vandalize the personal property
comportement agressif, offensif ou
abusif.
3.5 Les membres du conseil traitent les
citoyens, les autres membres du
conseil, le personnel du gouvernement
local ou les individus qui offrent des
services sur une base occasionnelle ou
contractuelle avec dignite, en faisant
preuve de comprehension et avec
respect.
3.6 Les membres du conseil font la
promotion du cadre de gouvernance
pour garantir que leur environnement
de travail est exempt de
discrimination, d'intimidation, de
langage offensant ou degradant et de
harcelement, et qu'ils respectent les
politiques et procedures du
gouvernement local, le cas echeant.
3.7 Sans limiter la portee generale de
ce qui precede, les membres du
conseil :
a) Ne font pas de commentaires ou
de gestes inappropries a un
individu ou a I'egard de celui-ci,
alors qu'on sait ou qu'on devrait
savoir qu'un tel comportement est
offensant pour la personne visee;
b) Ne montrent pas de materiel ou
ne transmettent pas de messages
qui sont inappropries, offensants,
insultants ou degradants;
c) Ne font pas de menaces ou ne se
livrent pas a aucune activite ou
n'adoptent pas une attitude
abusive envers les autres, y
compris ('intimidation;
d) Ne vandalisent pas la propriete
f�491%7
of others;
(e) Commit assault of any kind,
including making unwanted
physical contact, including
touching, patting or pinching;
(f) Refuse to converse or interact
with anyone based on any ground
listed in the Human Rights Act.
CONFLICTS OF INTEREST
4.1 Members of Council have a
statutory duty to comply with the
Conflict of Interest provisions set out in
Part 8 of the Local Governance Act.
4.2 Members of Council are to be free
from undue influence and not act or
appear to act in order to gain financial
or other benefits for themselves,
family, friends or associates, business
or otherwise.
4.3 It is the individual responsibility of
each Member of Council to seek
independent legal advice, at the
Member's sole expense, with respect
to any situation that may result in a
pecuniary or other conflict of interest.
RESPECTING ROLES AND
RESPONSIBILITIES
5.1 Decision-making authority lies with
Council, and not any individual
Member. No Member shall, unless
authorized by Council, attempt to bind
the City of Saint John or give direction
to employees, agents, contractors,
d'autrui;
e) Ne commettent pas d'agression
d'aucun type, incluant les contacts
physiques non desires, comme
toucher, caresser ou pincer;
f) Ne refusent pas de converser ou
d'interagir avec quiconque pour
quelconque motif enonce dans la
Loi sur les droits de la personne.
CONFLITS WINTERETS
4.1 Les membres du conseil ont une
obligation legale de se conformer aux
dispositions relatives au conflit
d'interets enoncees dans la partie 8 de
la Loi sur la gouvernance locale.
4.2 Les membres du conseil doivent
etre libres de toute influence indue et
ne doivent pas agir ou paraitre agir de
maniere a obtenir un benefice financier
ou tout autre avantage, pour eux, leur
famille, leurs amis, leurs associes, une
entreprise ou autrement;
4.3 Chaque membre du conseil est
personnellement responsable d'obtenir
un avis legal independant, a ses
propres frais, concernant toute
situation qui pourrait se solder par un
interet pecuniaire ou autre type de
conflit d'interets.
CONCERNANT LES ROLES ET
RESPONSABILITES
5.1 Le pouvoir decisionnel revient au
conseil et non pas a aucun membre
individuellement. A moins d'etre
autorise par le conseil, aucun membre
ne tente de lier The City of Saint John
ou de Bonner des instructions aux
FA
PZIIK
consultants or other service providers employes, agents, entrepreneurs,
or prospective vendors to the City. consultants ou autres fournisseurs de
services ou fournisseurs potentiels de
la municipalite.
5.2 Members of Council shall
accurately communicate the decisions
of Council, even if they disagree with
Council's decision, such that respect
for the decision-making process of
Council is fostered.
5.2 Les membres du conseil
communiquent avec precision les
decisions du conseil, meme s'ils sont en
desaccord avec celles-ci, et ce, afin que
le respect du processus decisionnel du
conseil soit favorise.
5.3 Members of Council shall ensure 5.3 Les membres du conseil s'assurent
they:
(a) Focus on their governance role of
providing leadership for the
community in an open,
accountable and transparent
manner, establishing strategic
direction and providing oversight of
the local government;
(b) Respect the role of the local
government's staff, which is to
provide day-to-day administration
of the local government, provide
advice and analyses, implement
Council decisions, and carry out
their responsibilities as required
under the Local Governance Act,
and any other relevant federal and
/or provincial legislation,
regulations or bylaws of the local
government;
(c) Respect the role of Council as a
whole being the decision-making
body for the local government.
Only Council as a whole and no
single Member including the Mayor
has the authority to direct staff,
a) Qu'ils se concentrent sur leur role
de gouvernance de faire preuve de
leadership pour la communaute,
d'une maniere ouverte,
responsable et transparente, en
etablissant une direction
strategique et en exer�ant un role
de surveillance du gouvernement
local;
b) Qu'ils respectent le role du
personnel du gouvernement local
qui est de veiller a I'administration
quotidienne du gouvernement
local, d'offrir des conseils et des
analyses, de mettre en ceuvre les
decisions du conseil et de
s'acquitter de Ieurs responsabilites
comme 1'exige la Loi sur la
gouvernance locale, et toute autre
legislation federale ou provinciale,
reglement ou arrete du
gouvernement local;
c) Qu'ils respectent le role du conseil
dans son ensemble comme
l'organe decisionnel du
gouvernement local. Seulement le
conseil dans son ensemble et
aucun membre individuellement,
approve budgets,
policy,
committee processes
and other
matters, unless
specifically
authorized by Council.
(d) Council as a whole has the
authority to approve budgets, and
policy statements, including
structures and procedures for
committees. Authority to act on
behalf of Council, including through
a committee, can only be delegated
by Council.
GIFTS AND BENEFITS
6.1 In accordance with subsections
96 (a), and (b) of the Local Governance
Act, a Member of Council shall not:
(a)
03
accept any fees, gifts, gratuities
or other benefit that could
reasonably be seen to influence
any decision made by him / her in
the carrying out of his / her
functions as a Member of
Council; or
for his or her personal gain, or for
the personal gain of a family
associate, make use of his or her
position or of any information
that is obtained in his or her
position and is not available to
the public.
incluant le maire, n'a I'autorite de
Bonner des directives au
personnel, d'approuver Ie budget,
une politique, des processus d'un
comite et d'autres affaires, a
moins d'etre specifiquement
autorise par Ie conseil.
d) Le conseil dans son ensemble a
I'autorite d'approuver le budget et
des enonces de politique, incluant
les structures et les procedures
associees aux comites. Seul le
conseil peut deleguer I'autorite
d'agir en son nom, y compris par le
biais d'un comite.
CADEAUX ET AVANTAGES
6.1 Conformement aux
paragraphes 96 a) et b) de la Loi sur la
gouvernance locale, un membre du
conseil :
a) N'accepte aucun honoraire,
cadeau, don en argent, ou tout
autre avantage qui pourrait
raisonnablement etre considers
comme pouvant influer sur toute
decision qu'il ou qu'elle prend
comme membre du conseil dans
1'exercice de ses fonctions; ou
b) N'utilise pas son poste ou toute
information obtenue dans le cadre
de son poste qui nest pas mise a
la disposition du public, pour son
avantage personnel ou pour celui
d'un membre de sa proche famille.
6.2 Members of Council are not 6.2 Les membres du conseil ne sont pas
X
Pzya
precluded from accepting:
(a) Compensation or benefit
authorized by Council;
(b) Rewards, gifts or benefits not
connected with the performance or
duties of office;
(c) Services provided without
compensation by persons
volunteering their time;
(d) Food, lodging, transportation and
entertainment provided by other
levels of governments or by other
local governments, boards and
commissions;
(e) Reasonable quantities of food and
beverages consumed at banquets,
receptions, ceremonies and similar
events;
(f) Token gifts such as souvenirs and
commemorative gifts that are given
in recognition of service for
attending an event;
(g) Gifts received as an incident of
protocol or social obligation that
normally and reasonably
accompany the responsibility of
office.
USE OF LOCAL GOVERNMENT
PROPERTY, RESOURCES AND SERVICES
BY MEMBERS OF COUNCIL
empeches d'accepter :
a) Une remuneration ou un avantage
autorise par le conseil;
b) Des recompenses, cadeaux ou
avantages qui ne sont pas lies a la
performance ou a leurs fonctions;
c) Les services fournis sans
remuneration par des personnes
qui donnent de leur temps;
d) De la nourriture, de
I'hebergement, du transport ou du
divertissement offert par d'autres
niveaux de gouvernement ou par
d'autres gouvernements Iocaux,
conseils d'administration et
commissions;
e) Des quantites raisonnables de
nourriture et de boissons
consommees lors de banquets,
receptions, ceremonies et autres
evenements similaires;
f) Des cadeaux symboliques comme
des souvenirs et des cadeaux
commemoratifs qui sont donnes
en guise de remerciement pour
avoir participe a un evenement;
g) Des cadeaux rebus dans le cadre
normal et raisonnable du
protocole ou d'une obligation
sociale lige a leurs fonctions;
UTILISATION PAR LES MEMBRES DU
CONSEIL DES BIENS, RESSOURCES ET
SERVICES DU GOUVERNEMENT LOCAL
7.1 No Member of Council shall make 7.1 Aucun membre du conseil n'utilise
10
P►z191
use of, or permit the use of any City
premises (land, facilities, equipment,
supplies, etc.), staff or other resources
(computers, networks, websites, social
media) other than for carrying out the
business of the local government.
7.2 Members of Council shall avoid
waste and extravagance in the
provision or use of the City's resources
or property belonging to the City.
7.3 No Member of Council shall use the
facilities, equipment, supplies, services
or other resources of the City for any
election campaign or campaign -related
activities. No Member of Council shall
undertake campaign -related activities
on City property. No Member of
Council shall use the services of
persons during working hours in which
those persons receive any
compensation from the City.
USE OF COMMUNICATION TOOLS AND
SOCIAL MEDIA
8.1 Members of Council shall use
communication tools, such as
newsletters, websites and social media
in a responsible and respectful
manner.
8.2 Members of Council must not claim
to speak on behalf of Council unless
authorized to do so.
8.3 Unless Council directs otherwise,
the Mayor is Council's official
ou ne permet ('utilisation de toute
propriete de la municipalite (terrain,
installations, equipement, materiel,
etc.), du personnel ou d'autres
ressources (ordinateurs, reseaux, sites
Web, medias sociaux) a des fins autres
que pour mener les affaires du
gouvernement local.
7.2 Les membres du conseil evitent le
gaspillage et les extravagances dans la
fourniture ou ('utilisation de ressources
de la municipalite ou de biens lui
appartenant.
7.3 Aucun membre du conseil n'utilise
les installations, 1'equipement, le
materiel, les services ou autres
ressources de la municipalite pour
toute campagne electorale ou activites
reliees a la campagne. Aucun membre
du conseil n'entreprend d'activites
reliees a une campagne sur une
propriete municipale. Aucun membre
du conseil n'utilise les services de
personnes au cours des heures de
travail ou ces personnes re�oivent une
remuneration de la municipalite.
UTILISATION DES OUTILS DE
COMMUNICATION ET DES MEDIAS
SOCIAUX
8.1 Les membres du conseil utilisent les
outils de communication, comme les
bulletins d'information, les sites Web
et les medias sociaux d'une maniere
responsable et respectueuse.
8.2 Les membres du conseil ne peuvent
pretendre parler au nom du conseil a
moins d'en etre autorises.
8.3 A moins que le conseil decide
autrement, le maire est le porte-parole
11
QzE11
spokesperson and in the absence of
the Mayor, it is the Deputy Mayor. All
inquiries from the media regarding the
official Council position on an issue
shall be referred to Council's official
spokesperson.
8.4 A Member of Council who is
authorized to act as Council's official
spokesperson must ensure that their
comments accurately reflect the
official position and will of Council as a
whole, even if the Member of Council
personally disagrees with Council's
position.
8.5 Members of Council must keep in
mind they are always representative of
the City of Saint John, including when
engaging in social media activities, and
Members of Council are encouraged to
identify when views expressed are
theirs alone and not official City of
Saint John communication.
8.6 Members of Council shall not use
communication tools and social media
to engage in criticism of other
Members of Council, the City staff or
the general public.
8.7 Members of Council shall not
engage in or encourage bullying,
flaming, or shaming of any other social
media users. These types of
interactions on social media misplace
the focus of interaction on attacking
individuals rather than engaging in
constructive discussion or debate. This
manner of communication is
inconsistent with the Code of Conduct
and unbecoming of the office that
officiel du conseil et en I'absence du
maire, cela revient au maire suppleant.
Toutes les demandes des medias
concernant la position du conseil sur
un enjeu sont transmises au porte-
parole officiel du conseil.
8.4 Un membre du conseil qui est
autorise a agir comme porte-parole
officiel du conseil doit s'assurer que ses
commentaires refletent exactement la
position officielle et la volonte du
conseil dans son ensemble, et ce,
meme si le membre du conseil est
personnellement en desaccord avec la
position du conseil.
8.5 Les membres du conseil doivent
garder a 1'esprit qu'ils sont toujours des
representants de The City of Saint
John, y compris Iorsqu'ils participent a
des activites Iiees aux medias sociaux,
et Iorsque des points de vue sont
exprimes, les membres du conseil sont
encourages de specifier que ce sont les
Ieurs et non pas une communication
officielle de The City of Saint John.
8.6 Les membres du conseil n'utilisent
pas les outils de communication et les
medias sociaux pour critiquer d'autres
membres du conseil, du personnel de
The City ou le grand public.
8.7 Les membres du conseil
n'intimident pas, n'injurient pas ou
n'humilient pas d'autres utilisateurs de
medias sociaux ni n'encouragent de
telles actions. Ce genre d'interactions
dans les medias sociaux deplace
l'objectif d'interagir en attaquant des
individus plutot qu'en favorisant une
discussion constructive ou un debat
constructif. Cette fa�on de
communiquer est incompatible avec le
12
Members hold.
8.8 No Member of Council shall make a
statement with the intent to mislead
Council or members of the public.
8.9 No Member of Council shall make a
statement when they know the
statement is false.
CONDUCT AT MEETINGS
9.1 Members of Council shall conduct
themselves in accordance with the
provisions set out in the City's
Procedural Bylaw, in particular
Section 12 Rules of Conduct.
9.2 Members of Council may not
impugn or malign a debate or decision
or otherwise erode the authority of
Council. Members of Council have the
right to express disagreement with
positions put forward by other
Members provided such disagreement
remains focused on the issue. Once
Council has adopted a resolution,
Members of Council are expected to
support the resolution and the work
associated with carrying out this
resolution.
HANDLING OF CONFIDENTIAL
INFORMATION
10.1 Members of Council shall refrain
from disclosing or releasing any
confidential information to any
code de deontologie et entache la
dignite des fonctions qu'exercent les
membres.
8.8 Aucun membre du conseil ne fait
de declaration avec ('intention de
tromper le conseil ou les membres du
public.
8.9 Aucun membre du conseil ne fait
de declaration lorsqu'il sait que celle-ci
est fausse.
COMPORTEMENT LORS DES
REUNIONS
9.1 Les membres du conseil se
comportent conformement aux
dispositions enoncees dans I'Arrete sur
les procedures de The City,
particulierement I'article 12 Regles de
procedures.
9.2 Les membres du conseil ne
contestent pas ou ne denigrent pas un
debat ou une decision ou ne mine pas
I'autorite du conseil. Les membres du
conseil ont le droit d'exprimer leur
desaccord avec les positions
presentees par d'autres membres a
condition que le desaccord demeure
concentre sur la question. Une fois que
le conseil a adopte une resolution, on
s'attend a ce que les membres du
conseil appuient la resolution et le
travail associe a I'application de cette
resolution.
TRAITEMENT WINFORMATIONS
CONFIDENTIELLES
10.1 Les membres du conseil
s'abstiennent de divulguer ou de
diffuser toute information
13
member of the public, or in any way
divulge any confidential information,
including personal information or any
aspect of deliberation obtained
through their holding office, in either
oral or written form, in accordance
with the Right to Information and
Protection of Privacy Act.
10.2 Members of Council shall keep
confidential those matters that are
discussed in a meeting that is
authorized under the Local Governance
Act to be closed to the public.
10.3 Members of Council shall not use
confidential information, including
information that they might have
knowledge of by virtue of their position
that is not in the public domain,
including emails or correspondence
from other Members of Council, or
third parties, for personal or private
gain, or for the gain of relatives or any
person or corporation or cause
detrimental to the City, Council, local
board or others.
confidentielle a tout membre du
public, ou ne divulgue de quelque que
fa�on que ce soit toute information
confidentielle, incluant de ('information
personnelle ou tout element de
deliberation obtenu dans le cadre de
leurs fonctions, que ce soit
verbalement ou par ecrit,
conformement a la Loi sur le droit a
('information et la protection de la vie
privee.
10.2 Les membres du conseil gardent
confidentielles les questions qui sont
traitees dans une reunion qui peut etre
tenue a huis clos en vertu de la Loi sur
la gouvernance locale.
10.3 Les membres du conseil n'utilisent
pas d'informations confidentielles, y
compris ('information qu'ils pourraient
connaitre en raison de leur fonction,
qui nest pas du domaine public, y
compris les courriels ou la
correspondance provenant d'autres
membres du conseil, ou de tierces
parties, pour un avantage personnel ou
prive, ou pour I'avantage d'un membre
de leur famille ou de toute personne,
societe ou cause qui pourrait nuire a la
municipalite, une commission locale ou
autres.
10.4 The obligations identified in
10.4 Les obligations indiquees a la
section 10.3 above constitute
section 10.3 ci-dessus constituent des
continuing obligations that apply
obligations continues qui sont
following service on Council by any
applicables apres qu'un membre du
Members of Council.
conseil ait servi au conseil.
REMEDIAL ACTION IF MESURES CORRECTIVES EN CAS
CONTRAVENTION OCCURS D'INFRACTION
11.1 Should a Member of Council 11.1 Si un membre du conseil enfreint
14
breach any of the principles outlined in
this Code of Conduct Bylaws, the
possible courses of action that are
available to Council include but are not
limited to:
(a) Reprimand;
un principe enonce dans le present
Arrete relatif au code de deontologie,
les mesures envisageables par le
conseil incluent, mais sans s'y limiter :
a) Une reprimande;
(b) Expulsion of Member from a b) L'expulsion d'un membre d'une
meeting of Council or Council reunion du conseil ou d'un comite
committee; du conseil;
(c) An apology by the Member of
Council to the impacted
individual(s), Council and or the
general public;
(d) Removal of the Member from the
Council Committee and/or
bodies;
(e) The Offences and Penalties
contained in the Local
Governance Act that apply to
Members of Council who violate
the Disclosure of Conflict of
Interest provisions of the Act;
c) La presentation d'excuses par le
membre du conseil a I'individu ou
aux individus concernes, au conseil
ou au grand public;
d) Le retrait du membre du comite du
conseil ou d'une instance du
conseil;
e) Les infractions et peines prevues
dans la Loi sur la gouvernance
locale qui s'appliquent aux
membres du conseil qui
contreviennent aux dispositions de
divulgation de conflit d'interets de
la Loi;
(f) Other penalties and sanctions f)
contained in relevant federal or
provincial legislation.
IN WITNESS WHEREOF The City of Saint
John has caused the Corporate
Common Seal of the said City to be
affixed to this bylaw the day
A.D. 2019 and signed
by:
Les autres peines et sanctions
prevues dans la legislation federale
ou provinciale applicable.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur
le present arrete le 2019,
avec les signatures suivantes :
15
Mayor/Maire
Common Clerk /Greffier communal
First Reading -June 17, 2019
Second Reading -June 17, 2019
Third Reading -
Premiere lecture - le 17 juin 2019
Deuxieme lecture - le 17 juin 2019
Troisieme lecture -
i[:
PROPOSED MUNICIPAL PLAN
PROJET DE MODIFICATION DU PLAN
AMENDMENT
MUNICIPAL
RE: POLICIES RELATED TO GREEN
OBJET: POLITIQUES RELATIVES AU
ENERGY DEVELOPMENT
DEVELOPPEMENT DES ENERGIES
VERTES
Public Notice is hereby given that the Common
Le public est avis6 que le conseil communal de The
Council of The City of Saint John intends to
City of Saint John a Pintention d'examiner une
consider an amendment to the Municipal
modification a son Plan municipal, y compris aux
Development Plan which would include
politiques du Plan municipal, et notamment aux
amendments to the Municipal Plan policies
sections 2.4 Secteurs ruraux, 2.5 Terrains communs
including amending Sections 2.4 The Rural Areas,
au principal secteur de d6veloppement et aux
2.5 Lands Common to the Primary Development
secteurs ruraux et 7.8 Efficacit& 6nerg6tique et aux
Area and The Rural Areas, 7.8 Energy Efficiency
sous -sections 3.6.1 Secteur de ressources rurales et
and subsections 3.6.1 Rural Resource and 3.7.1
3.7.1 Designations communes d'utilisation des sols,
Parks and Natural Areas in addition to other
en plus de modifications a d'autres sous -sections et
relevant subsections and policies in order to
politiques pertinentes, en vue de permettre les
facilitate Green Energy Developments.
am6nagements d'energie verte, Tors de la r6union
ordinaire qui se tiendra dans la Salle Ludlow, a
A public presentation of the proposed amendment
Ph6tel de ville, le lundi, 8 juillet 2019 a 18 h 30.
will take place at a regular meeting of Common
Council on Monday, July 8, 2019 in the Ludlow
Room, 8`" floor of City Hall.
REASON FOR CHANGE:
RAISON DE LA MODIFICATION:
To facilitate the ability to construct green energy
Afln de permettre la construction de projets
projects involving wind and solar in limited
d'6nergie verte visant 1'6nergie 6olienne et solaire
designations in the Municipal Plan.
dans certaines d6signations du Plan municipal.
Written objections to the proposed amendment may
Veuillez faire part au conseil par 6crit de vos
be made to the Council, in care of the undersigned,
objections au projet de modification au plus tard le
by August 7, 2019. Enquiries may be made at the
7 aout 2019 a i'attention du soussign6. Pour toute
office of the Common Clerk or Growth and
demande de renseignements, veuillez communiquer
Community Development Services, City Hall, 15
avec le bureau du greffier communal ou le bureau
Market Square, Saint John, N.B. between the hours
de service de la croissance et du d6veloppement
of 8:30 a.m. and 4:30 p.m., Monday through
communautaire a 1'h6tel de ville au 15, Market
Friday, inclusive, holidays excepted.
Square, Saint John, N. -B., entre 8 h 30 et 16 h 30
du lundi au vendredi, sauf les jours f6ri6s.
Jonathan Taylor, Common Clerk
Jonathan Taylor, Greffiere communale
658-2862
6582862
K91191
ADDRESS: A PID"" KJp
AGE AREA Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA Y / N APPROVED GRADING PIAN: Y / N
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1:11 consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives.
General Collection Statement
This information is being colt�cted in order for the City of Saint John to deliver an existing
program /service; the collection is limited to that which is necessary to deliver the program
service. Unless required to do so by law, the City of Saint John will not share your personal
information with any third party without your express consent.
The legal authority for collecting this information is to befound in the Municipalities Act and
the Right to Information and Protecdon of Privacy Act. For further information or questions
regarding the collection of personal information, please contact the Access & Privacy macer:
City Nall Building
8th Floor- IS Market Square
Saint John, NB £2L I £8
ctlmmoncCer ai+zty hp rt,ca
(306) 638-2862
�erayas.rm
11, the undersigned hereby apply for the permit(s) or approval( ...d
s), indicated
above for the work described on plans, submissions and forms herewith
submitted. This application includes all relevant documentatic necessary for
the applied for permitjs) or approvaljs). i agree to comply with the plans,
specifications and further agree to comply with all relevant City By-laws and
conditions imposed.
251
_s'( .lrlrtn
Applicant Name ---�'�
Applicant Signature
Date
TYPE OF APPLICATION
Land for Public Purposes
Release
Service Fee: $300
Section 39 Amendment
Service Fee: $2,500
Non -Conforming Use
Service Fee: $200
Zoning By-law Amendment
Service Fee: $2,500
F] Satisfactory Servicing
Service Fee: $200
Zoning By-law Amendment with
a Municipal Plan Amendment
Service Fee: $3,500
DETAILED DESCRIPTION OF APPLICATION
Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested.
Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a
preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop
Development Shop at (506) 65&2911 for further information.
t Q crCc r" ms wrvAn ' 4
Oe -1 LO
c r -
IENCUMBRANCES I
Describe any easements, restrictive covenants, and other encumbrances affecting the land.
AUTHORIZATION
As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the
authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with
the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and
to provide any additional information that will be necessaryfor this application.
r
Registered Owner or
Date.
,74 Lne
Additional Registered Owner
Date
The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in
support of this application will become part of the public record.
PM
LOCATION
CIVIC ADDRESS:
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HERITAGE AREA Y J N INTENSIFICATION AREA:
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DATE RECEIVED:
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RECEIVED BY:
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1:1I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives.
General Collection Statement
This information is being collected in order jar the City of Saint John to deliver an existing
program /service; the collection is limited to that which is necessary to deliver the program,,
service. Unless required to do so by Jaw, the City of Saint John will not share your personal
information with any third party without your express consent.
The legal authorityfor collecting this information is to be found in the Municipalities Act and
the Right to Information and Protection of Privacy Act. For further information or questions
regarding the collection of personal information, please contact the Access & Privacy Officer.
City Halt Building
8th Floor -15 Market Square
Saint John, NB E21. JE8
CQfflM2ad1rA@MMUakXA
(506) 658-2862
ixapasw foes
Me undersigned, hereby appy for the (s) or approvol(s►, indicated
above for the work described on plans, submissions and forms herewith
submitted. This appixation includes ail relevant documentation necessary for
the applied for permil(s) or approvol(s). 1 agree to comply with the plans,
specifications and further agree to comply with oil relevant City By-laws and
Conditions imposed.
Applicant Name
d
Applicant Sgna ure
NX
Date
TYPE OF APPLICATION
Land for Public Purposes
Release
Service Fee: $300
Section 39 Amendment
Service Fee: $2,500
Non -Conforming Use
Service Fee: $200
F] Zoning By-law Amendment
Service Fee: $2,500
F] Satisfactory Servicing
Service Fee: $200
Zoning By-law Amendment with
a Municipal Plan Amendment
Service Fee: $3,500
DETAILED DESCRIPTION OF APPLICATION
Where applicable, indicate the changes to existing Section 39 conditions, zoning, or Municipal Plan designation being requested.
Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a
preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop
Development Shop at (506) 658-2911 for further information.
(%LU!tK OrYWndrime4 pr"j 70' c
-j6r, a vejAA c, tSLr-n -fc,- 8n c
l ENCUMBRANCES I
Describe any easements, restrictive covenants, and other encumbrances affecting the land.
AUTHORIZATION
As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the
authorized agent thereof, and 1 have examined the contents of this application and hereby certify that the information submitted with
the application is correct insofar as 1 have knowledge of these facts, and I hereby authorize the applicant to represent this matter and
to provide any additional information that will be necessary for this application.
Registered Owner or Authoriz d gent
Lzo.e W f
Date
Additional Registered Owner
Date
The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in
support of this application will become part of the public record.
Ne"I
DILI ON
CONSUI ""FING
D4 VE LO P SA � N "I" J 0 1-i� N
Green Energy Development
Municipal Policy & Regulatory Amendments
March 2019-19-9084
K&I
May 28, 2019
Develop Saint John
15 Market Square
PO Box 1971
Saint John, NB
E21- 41-1
Attention: Brian Irving
Re: Green Energy Development — Municipal Policy & Regulatory Amendments
Dillon Consulting Limited (Dillon) is pleased to provide the following professional planning
report to Develop Saint John (Develop SJ) for "Green Energy Development — Municipal Policy &
Regulatory Amendments".
The information presented herein is intended to provide Develop SJ with a jurisdictional
review of municipal policies for green energy (wind and solar) developments and a large cross
section of available development control tools (zoning provisions). Furthermore, this report
provides options and professional planning recommendations, which will be able to assist
Develop SJ and the City of Saint John in developing appropriate provisions that avoid negative
environmental impacts and encourage future development within the City.
The following technical report is presented in four (4) main components, as follows:
• Policy Framework Review;
• Jurisdictional Best Practice Review;
• Options & Recommendations; and
• Policy and Regulatory Amendments.
If you have any questions regarding the report, please do not hesitate to contact the
undersigned at (506) 633-5000 or csimic@dillon.ca.
Sincerely,
DILLON CONSULTING LIMITED
Colin Simic, MPI.
Planner
Our file: 19-9084
PIRV
TaWe of Contents ��
'Table of
ts
ISI
...... ... ...... .. ... .... . .
1.1 Methodology.......................................................................................................................2
2. i� Ac 3
2.1 Saint John Municipal Plan (2011) Review............................................................................. 3
2.1.1 Saint John Land Designations Best Suited for Green Energy Development ........................... 7
2.2 Saint John Zoning By-law (2014) Review.............................................................................. 8
10 Allu uffl«uoN' e sl° til acqJce Revuew
4X Options & lReconiinriendations
4.1 Green Energy Municipal Policies (Municipal Plan).............................................................. 12
4.1.1 Municipal Policy Framework.............................................................................................. 13
4.1.2 Application Requirements (Criteria) & Associated Documentation ..................................... 14
4.1.3 Decommissioning..............................................................................................................15
4.1.4 Health and Safety.............................................................................................................. 16
4.1.5 Regulatory Monitoring and Policy Review.......................................................................... 17
4.1.6 Public Consultation, Education and Communication.......................................................... 18
4.2 Green Energy Requirements & Standards (Zoning By-law) ................................................. 19
4.2.1 Regulatory Approaches...................................................................................................... 19
4.2.2 Zones for Permitted Use.................................................................................................... 24
4.2.3 Separation Distances and Setbacks.................................................................................... 25
4.2.4 Application Process........................................................................................................... 28
C Pio;josed Aii,ril,ilmdmeii1its
5.1 Municipal Plan Amendments............................................................................................. 29
5.2 Zoning By-law Amendments.............................................................................................. 31
5.2.1 Amended or New Definitions............................................................................................. 31
5.2.2 Other Zone Description..................................................................................................... 32
5.2.3 Green Energy Zone (Context, Permitted Uses, Conditions of Use, & Zone Standards) ........ 32
Develop), Saint �,,oi"n
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6.0 Closiaria
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Figure 1:City ofSaint John's Municipal Plan Policy — Energy Efficiency 7fA............................. ]
Figure Z:Municipal Plan ' Rural AreakdDesicrpdons........................................................................... 4
Figure 3:Municipal Plan - Employment Area Description ...................................................................... 5
Figure 4:Municipal Plan - Industrial Area(s)Descriptions ..................................................................... G
Tables
Table 1:Regulatory Approaches for Green Energy Developments ...................................................... lO
Table 3:Municipal Plan - Policy framework analysis ........................................................................... 13
Table 3:Municipal Plan ' Application policy analysis ........................................................................... 14
Table 4/Municipal Plan - Decommissioning policy analysis ................................................................. 16
Table S:Municipal Plan ' Health and safety policy analysis ................................................................. 17
Table [iMunicipal Plan - Monitoring policy analysis .------------------------..ID
Table 7: Regulatory Approached taken by Municipalities on Wind Energy Development . ................... 23
Tab|eftZoningBy'law—Zones for Permitted Use Analysis ................................................................. 24
Table 9:Zoning By-law - Setbacks and Separation Distance Analysis ................................................... 27
Table 10: Zoning By-law - Application Requirement Analysis .............................................................. J8
A Application & Criteria Requirements:
R(?fer�:�nces
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Executive Summary
Green Energy development is becoming increasingly desirable, as the energy industry continues to trend
toward renewable energy sources. Currently, the City of Saint John does not have policy provisions to
allow for this type of development. The current Municipal Plan, PIanSJ is silent on wind or solar
development; however, touches upon exploring opportunities for alternative energy development
within certain chapters. The Province of New Brunswick is actively promoting and advocating for green
energy development at small, medium and large scales and has issued policy papers and amended
legislation to this effect. Locally, Saint John Energy is actively pursuing green energy development as an
energy source and has recently issued a Request for Proposals for a 20 to 20MW wind farm.
The purpose of this study was to amend the City of Saint John Municipal Plan and Zoning By-law to allow
for and apply standards and conditions on wind and solar energy development in the City. Specifically, a
jurisdictional best practice review of land use treatments for wind and solar development was
completed. The municipalities ranged in size and scale; however, each had land use considerations that
would apply to the Saint John context.
The proposed policy and regulatory framework to allow wind and solar energy development in the City
of Saint John includes significant amendments to the Municipal Plan. Particularly, this includes
amendments to the Land Use chapter to allow for green energy development projects within the Heavy
Industrial, Rural Resource, and Parks and Natural Areas future land use designations. These would be
subject to environmental approvals and the required federal and provincial approvals process. Green
Energy development would be focused on lands outside of the Primary Development Area and focused
on areas that are stable, generally inaccessible, and not prime for other types of land use development.
Additionally, standards and conditions are applied to regulate and manage green energy developments
in the City, through amendments to the Zoning By-law, including the introduction of a new zone, Green
Energy Zone, which applies standards and conditions of development pertaining to setbacks, access,
operations, access, screening, and height. The standards also outline a development permit process and
site rehabilitation requirements.
This study is intended to be used to inform an upcoming Municipal Plan amendment and Zoning By-law
text amendment to facilitate future and anticipated green energy development within the City of Saint
John.
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1.0 Introductiorl
Green energy development has been commonly accepted as an important social, environmental, and
economic opportunity for communities and an important technology to deploy in the carbon
constrained era associated with global climate change. Currently, policy within Saint John's Municipal
Plan is silent on green energy, effectively making no allowances for these types of developments within
the City's boundaries. Recognizing Saint John's vast land holdings (especially of rural land), it is
understandable that there may be demand for renewable (green) energy development of these lands in
the near future. Furthermore, wind and solar development represents an important opportunity for
both economic and environmental improvement. The implementation of green energy regulations is
needed as the City grows into the future.
The Province has advocated for the development of renewable energy sources in Our Action Plan to be
Self-sufficient in New Brunswick (2007), through renewable portfolio standards and through investments
in such alternative energy sources, such as biomass and tidal, with a renewed emphasis on wind power
due to the relative maturity of technologies. In addition to these portfolio developments, the Province
has recently amended the Local Governance Act (2017) to encourage such developments within
municipalities and by local governments. Alongside the Province, there is strong support for the
advancement of wind power projects in many communities across Atlantic Canada, as more green
energy developments are forming each year.
Although a strong case and community support for green energy exists today, there are still associated
issues and concerns being raised by the public with these types of developments. Most of the issues
associated with green energy (wind and solar) developments include the following:
• Noise (audible and infrasound);
• Environmental effects to birds and bats;
• Property values;
• Effects on agricultural and forestry practices;
• Visual effects (visual landscape and lighting);
• Setback distances;
• Interference with telecommunications; and
• Shadow flicker, ice throw and other health and safety concerns.
To address these issues, Atlantic Canadian communities have become more interested in researched
guidance to develop local zoning standards that are based on best practices to allow for green energy
developments that maintain the public's welfare and safety, avoid or mitigate negative environmental
effects, avoid nuisance effects, and promote sustainable development objectives.
K091
To address these potential aforementioned issues within the boundaries of the City of Saint John,
Develop Saint John (Develop SJ) has retained Dillon Consulting Limited (Dillon) to provide a technical
review of the City's Municipal Plan and Zoning By-law, as it relates to land use and development controls
associated with green energy developments. The intentions of this report are to provide professional
planning policy and regulatory amendments to assist the City of Saint John to safely permit and
encourage green energy developments, while creating development certainty for Develop SJ to promote
and market development options to energy proponents.
The issue is somewhat pressing, as Saint John Energy, one of the Province's few municipal utilities has
released an RFP for a 20MW to 40MW wind farm in the City's Spruce Lake Industrial Park. Although this
proposed project is in development stages, the scope of this project is not limited to that project's
boundaries.
1A Methodology
The information presented herein is intended to provide the City with a jurisdictional review of zoning
provisions in their planning framework for green energy (wind and solar) developments with a large
cross section of available development control tools. Furthermore, this report will provide options and
professional planning recommendations, which will be able to assist Develop S1 in guiding the City of
Saint John in developing appropriate provisions that avoid negative environmental impacts and allow
future alternative energy development within the City's land management framework. The following
technical report is presented in four (4) main components, as follows:
• Policy Framework Review
An overview of the City of Saint John's Municipal Plan and Zoning By-law has been undertaken
to identify any prohibitive language that would prohibit this type of development and identify
designations that would be best suited to adopt green energy provisions.
• Jurisdictional Best Practice Review
A brief jurisdictional best practice review of ten (10) communities in Atlantic Canada has been
undertaken to identify local policy and regulatory approaches to green energy developments. In
addition, zoning standards will be reviewed and identified to understand the most suitable fit for
the City of Saint John.
0 Policy& Regulatory Options & Recommendations:
Five (5) of the ten (10) communities will be further reviewed to develop options and
recommendations on planning approaches and mechanisms to permit green energy
developments within the City of Saint John, all while maintaining the public's welfare and safety
and mitigating negative effects to the natural environment.
Pk-
2
+ Policy and Regulatory Amendments
Policy and regulatory amendments to the City's Municipal Plan and Zoning By-law will be
developed based on options and recommendations developed and approved by Develop SJ.
Specific resolutions and regulatory approaches have been identified, which will allow the City to
review and consider permitting green energy development through an existing land designation
and existing zone or by the creation of a new zone.
2.0 Policya
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The City of Saint John's Municipal Plan (2011) briefly addresses "Energy". More specifically, energy
related policies can only be found under Chapter 7: Natural Environment & Energy' of the Municipal
Plan, which provides a very small focus on alternative (green) energy development. Energy related
policies within the City's Municipal Plan can be found in 'Section 7.8 - Energy Efficiency', which states the
following:
7.8 Energy Efficiency
fI I., 4"q us a wce , oErrwore d iewkn In mw dctl ra' eu ergy effi sency i@"ou coy Vias rrlafle
sigttfli.n'ti0'o mvekstf'4'd'ents, tn9 ra;dl: ce Is O"1W rgxg lr%c: ond haa4'iid developed an(J 6s us i
nolta:r& ativ , rV &.Y Km"6 sThl[k a:r; Ut Irt°fi4m"e Me M tlSu alb 4:"664 igy 4.")"a.s rkIlxl e,P',oPGDG1YV]Offltat
firurrupbrdnt The 01u V ioute rds cct c.ccltpwlewM i:,r rrrgrcgx,4,° loo gelop,Iuc: eftcaUorii ru€I,d amomess
�efr>rts po eu"ucelaw",'+E,e eoe€ca;gs"ou;, 4et ouolgol¢turuelr�p:„l,celrtr„ effrsiemcv away<ra& wrers-
Policy NE37 ('ontmoe to larll,rucwe the e, epgy Off4cierta..y of frlua w:ng'ep s elwce, deirvel�v 1rcllWmgn,
faelpMes, ecmpwruent, fpeaetstreet f 9p�as sl ;y l"tiw,ss wevienit rflp'afa6E7"l the fFklwr xiptctl
Bi ne rgy C ffddee cy Poggm n
[re6icy OVp'::,7Ewc Explore errcf etraveca¢sag„e the afevelopruuoe nt rs6,cf LI.>e of �uPt�*r�66at1�e s,,o�ren�y c�aaarce� r ��uaal�a
as solar, va0d. g: geotP"acxro"nMA, Ibionllass and etuerj"yr recovery,
C'c icy CVE-39 Etrromageexcelieewecex lug e:bre�gy egficpetw cylio vewdevejowk ent&,id w Ie;400f"ittlrrg,aprf
ex€swigg dervetop wseotie
Pot ivy, NE 401 & pep ort pWAc ed4llcauwCiw'0 and a twG,m 4'Aau'the flask', of cal4efl'd ative e4rer&y ststwrces ai3O
energy effc4 eixv Qrwkkd"x't'ur;'',s
PrrAicy NE -41 Work cvah reeevew"lt a erc es to leve op and Ru apulevne i a slr En w"gv and Glyeeaoprtrrar„e
Gas Emissions IPlan fi!,tr the. f."ity
Figure 1: City of Saint John's Municipal Pian Pok Energy Efficiency (Section 7.8)
i,y7 ,aeo p 4t iYehn000
SC I I..ILOTSi
262
The City has provided its intentions under Section 7.8 to "continue to engage in public education and
awareness efforts to encourage citizens to implement energy efficiency measures". This report is a small
step in providing awareness into best practice research on developing green energy (specifically wind
and solar) policy and zoning provisions.
Although the City of Saint John has provided encouragement to explore the development and use of
alternative (green) energy, the City's Municipal Plan has provided no direction to where these uses may
be permitted under a specific existing or future land designation.
The City is a large municipality which is comprised of over 300 square kilometers of land. Council has
identified that urban development is most appropriately located within the boundaries of the Primary
Development Area (PDA). The Municipal Plan carefully manages land uses beyond the PDA in the Rural
Areas to preserve the environmental features and functions of these lands, protect the rural character
of these areas, and facilitate the continued use of these lands for rural resource use, where appropriate
and permitted. The City of Saint John's Municipal Plan identifies that developments of a larger stature
associated with land use impacts (smell, noise, visual impact, etc.), such as large facilities (i.e. large scale
alternative energy facilities), shall be located outside of the primary development land designations.
Lands outside the Primary Development Area are generally described as Rural Areas. These lands are
typically described through three sub -categories:
Rural Resource Areas are Ifariuraaarllly umnid,veir:ipetl lands wth t 1 poteu";tial frau- rural
resm.urce ac'tivi'ty sr$cl"n as pits aNd ('iE1fr I`Ne.n and/or forestry uses. Neresourc,,e Ales
may be pernnitted in Ri iral Resource All provided the proposal meets the cr itt!Irir:.a
ouutlirued In 'this:, Land ttse Chapter of the & uarulc:'iil)M Ran, aarwi the rellevaant piovismns
of tlwa:.,, Zoning Bylaw.
Rural Settlement Areas are the t;ll lunstlnic caamrun uurMes of Mauutirerwn to
Ketepec:. Lorner;,°ille an ...Tread w eH i...al i New. minor, low density residential
deveivapniient that is ca nipatibr e with a nvaaf ffsastyle and wIth the exit >tiIn cornrnu_urO y
chaali urwiH he perinitted in these I wai Settlenient Areas to support theiir
cCSIfl0ral,aed vitality and to maxii"r iz, exIkstlln, 4iv to-ients m cr,rD"nUa1lunit'tyinflY'asfifuctu_are
l"<'rtawucleat Me proposal nileets tiara' crit:el:11I ¢.Hired in 0 -le Land User ChDapteit of the
MuunicipM Ran -
Rural Industrial Areas have existing inclurstriral uses, such as G anal"ort LNG and
Gtaleson Cove Generating Stadion. New w iyival Iru ui AiIeas may be pell in
select circu ria star -ices provided the prollposa� ineets the criteria outlined lin the (Land
Use Chapter of the Iwluuuu cipaal Plaa a itesicfenbal uses wiii not be perms [tr:,sl.
Figure : In un°nicipA rel n"a - Rural Area(s) Descriptions
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263
[;po., cy, Ir' ;„7im y^weirk R ev(y%.va1'@(
The Rural Resource Area land designation identified within the City's Municipal Plan provides that lands
are intended to facilitate resource related activities, where appropriate. They provide examples, such as
forestry operations, agriculture, fisheries, and extraction activities, including pits and quarries, but do
not mention the use of alternative (green) energy developments or facilities. There is no prohibitive
language within this section of the Municipal Plan in which deters alternative (green) energy
developments. However, there is no language that clearly allows for this type of use. Furthermore, one
of the City's Future Land Use Goals is to limit new developments within the City's Rural Land
Designations:
"Provide for limited new development in the City's Rural Areas, preserving the balance
of these lands for the conservation of natural areas, limited residential infill and
appropriate resource use.”
(Future Land Use Goals, Municipal Plan, pg. 50)
It is our understanding that alternative (green) energy developments could be considered within Rural
Resource land designation, provided that alternative (green) energy developments are identified as
"appropriate" for these areas and an amendment is made to the Municipal Plan.
Lands designated Rural Settlement Areas, should not be considered for alternative (green) energy use,
as these lands contain greater risks of land use impacts associated with these facilities. Lands designated
Rural Industrial within the Municipal Plan currently are no longer existent, as this land designation has
been repealed by City Council (2014) and currently provide no direction on where these types of uses
would be appropriate. It is not recommended to pursue alternative (green) energy development within
this land designation.
In addition to'Rural Areas', 'Employment Areas' also encourage and allow for larger developments and
facilities. Lands designated for employment supply well located, high quality employment lands to
accommodate the needs of business and industry. Employment Areas are defined within the City's
Municipal Plan as:
Employment Areas are rr.;oniprised of exwsting 4uwlustrOl Parks, other exi.sung,
mdurstrW areas, B.usune s C;entres.. anf.l two aarerjs of prrmarOy rrndeveioped Pands
Wentified for new induisbu W and, employinient uses 411 Sprii,iice Lite @iMau tna[ Pairs
and M cAlll ter lihrd ustri;M (Park. Employrnent Aireas wplll generally not Alco resOen'to
ruses: thiese areas are generaally ari,gle rmrlpo e w0 ustOl or park uses,
haat aappr pruate in proxwn� ty to resideraiar ruses- Devepopnient wpll occw at lr)wel.
derisities as these. fuses generally re,rpruire more land.
Figure 1: Municipal Plan ., Emp byment Area Description
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264
Industrial areas comprise a large proportion of the employment areas, and are established within the
Municipal Plan through two industrial designations: the Light Industrial designation and the Heavy
Industrial designation. New industrial land uses are generally not appropriate inside of the Primary
Development Area. Many large-scale, industrial facilities (i.e. alternative energy developments or
facilities), are best suited to their isolated locations outside of the Primary Development Area and may
or may not be serviced with municipal servicing. The following industrial land designations are described
as follows through Policy:
Heavy Industrial Areas
Policy LU -76 Greirate the Heavy hiduustriai land use des�gnation on the Fuitirre Land Use maiaji)
Q chaadiOe B). Fire Heavy lr0 ustrllai cdesignatioui il:s intended to aa-ail.u,monodate
mduisthal operations which may have a significant d i.niinental effec,,t on Mile safety,
use arrienity, aim" enjcynnerit of adjacent or nearh'ysites dale to appeaGPance,. norse,
dour, eniission of i::ointalr'Oiiants. 'lire or explo sbi e hazards, or dairY erop s goods_
Uses in the Heavy industrial trial esi Rmfion II"Ogay iitillli e the City rrwall`.�&: it and wastewater
ysterl"II& 20.14, i;_P 106-8
Light Industrial Areas
COUnd shall-_
Flohcy LL11-81 Uteate the Light h)du.istrial Ilan(f Use des,,ignat.ion on the 1`uuture I...and Use rna p
(Schecdaiie Ed).. The I[.Jg1rt Ilndu.ustroai dewsi natilon is uaeir�ded to aC:e:r9riviri.id`Iate^ irur:6 caries
Yddiich genera�iy do not create i'ill,.iisairces, such as nose_ U'iiE'a"w`y tmck traffic, smoke,
durst, heat prartiicwatr:; niattw, or highiiL visible, outdoor storage, whic.i*i extend beyond
time property iine F'xai.iipes ofsuch industries inciulde, but are not iimited to, light
manuufaacWhirig and a-acs:.�eimWy, warehouisiiing, wh�O,saki , distribution, reseaar�ch
eve9d'Dprnent: a0vities, eqfli:imerit: of vehicle servrcing, sales or renta - Uses m the
Light hi duistriai designation will he connected tu:a the C,it: 's water and wastewater
syste r ns.
Figui°e 4a Mur lcipai Plan - dndustrial Ai°ea(s) 1'.aescripr ons
Upon review of Employment Areas designated heavy and light industrial, it is recommended that lands
designated 'Heavy Industrial', may be able to permit alternative (green) energy developments and/or
facilities, provided that an amendment is made within the Municipal Plan.
In addition to Rural and Employment Areas, there are areas that are common to both the Primary
Development Area (PDA) and Rural Areas; these include 'Parks and Natural areas'. These lands are
intended to form a system of natural areas to help conserve natural ecosystems and include lands
designated as park, lands identified as being environmentally sensitive or significant, lands located
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adjacent to watercourses and lands within the City's protected watersheds, coastlines, and estuarine
areas.
The Parks and Natural Areas states that these areas are
':..generally not appropriate for any form of development, including resource use".
(Park and Natural Areas, Municipal Plan, Pg.96)
The intent of this area is to protect and preserve the natural area. Provided that alternative energy
developments and/or facilities (wind and solar) are not an environmental threat or risk to these areas
within the City, which could be determined through a required Provincial Environment Impact
Assessment (EIA), alternative energy uses could be permitted provided that the proponent meets all
federal and provincial standards and the City deems the use appropriate for these lands.
2.1.1 Saint John Land Designations Best Suited for Green 1'-inerg,y I evello,f ineiint
Through our brief review of the City's Municipal Plan (2011), we have identified no prohibitive language,
which would prevent green energy developments from occurring within the near future. Furthermore,
no specific land use objectives or energy related objectives are affected by the development of
alternative (green) energy uses. However, there is indication of limiting use in many areas and lands
designated around the City, more specifically resource uses which could include alternative (green)
energy.
The City has provided their intentions to explore and encourage the development of alternative (green)
energy and at this time has provided no restrictions through municipal planning policies. Provided that
alternative energy proposals meet all provincial environmental standards and the City of Saint John
deems this use 'appropriate', it is recommended that the following designations are best suited for
alternative (green) energy developments and should be considered individually and collectively to
permit this type of use:
• Rural Resource Areas;
• Heavy Industrial Areas; and
• Parks And Natural Areas
D e v mp Sa Yate rCeraV�
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Saint John oniii g. -law (2010Review,
After reviewing the City's Zoning By-law, we have identified that the By-law is silent on "green or
alternative energy", more specifically wind energy. The City's Zoning By-law does speak briefly to "Solar
Collectors" under Section 8: General Provisions: Other Standards (8.1: Building and Structure
Projections), which permits solar collectors in any yard. From this regulatory provision, we understand
that solar energy is permitted on any property at a consumer or residential scale. However, there is no
mention of small or large green energy (solar and wind) developments at a commercial scale mentioned
within the City's Zoning By-law. Furthermore, there are no definitions in place within the City's Zoning
By-law that would provide further direction on defining such developments.
With no prohibitions or direction provided through developed definitions identified within the City's
Zoning By-law, a regulatory approach and design standards must be developed to best accommodate
the City's needs in protecting the public and natural environment's welfare and encouraging future
development.
The following sections of this report will explore best practices on regulatory approaches and design
standards from a handful of communities across Atlantic Canada who have implemented policy and
zoning provisions to allow for green energy developments (specifically wind and solar).
KIM
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3.0 Jurisdictional Practice
Planning is regulated under the Community Planning Act (2017) and the Local Governance Act (2017)
which are administered by the New Brunswick Department of Environment and the New Brunswick
Department of Local Government. The Local Governance Act provides the legislative framework for
municipal powers and responsibilities. It outlines administrative, financial, and operational
responsibilities. The Community Planning Act establishes the overall planning framework in the
province, identifying planning jurisdictions, planning responsibilities and powers, and processes for
adoption of planning policy, by-laws and regulations.
Municipal Plan approaches to green energy are limited in New Brunswick. For example, some identify
the desirability of renewable (green) energy by making reference to goals around energy efficiency, such
as the City of Saint John and the City of Miramichi. Most municipalities that have provided municipal
policy for green energy developments and facilities have enabled wind turbines and solar farms in
resource, rural, agriculture or conservation type zones and subject to terms and conditions. In addition
to communities in New Brunswick, many communities in Nova Scotia have also developed policy and
regulatory provisions for green energy and energy efficiency.
There are fairly significant variations among New Brunswick and Nova Scotia municipalities in their
policy and regulatory responses to wind and solar energy in terms of the planning mechanisms used. A
review of ten (10) municipalities between New Brunswick and Nova Scotia for green energy (specifically
wind and solar) policy and zoning regulations was completed (Table 1). Three (3) cities in New Brunswick
were reviewed (Fredericton, Moncton and Miramichi), which provided little information on policy and
regulatory approaches for allowing green energy development. In fact, of the three reviewed, only the
City of Miramichi allowed for as -of -right wind turbines or generators, provided zoning conditions were
met within their zoning By-law. Neither the City of Moncton, nor the City of Fredericton provided
information on permitting green energy development through their Municipal Plans or Zoning By-laws.
Seven (7) municipalities within Nova Scotia were also reviewed. These municipalities provided more in-
depth policy and regulatory provisions to allow and permit green energy developments. Municipalities
in Nova Scotia provide a variety of regulatory approaches, as some municipalities permitted wind and
solar farm developments through:
• As -of -right process;
• Development Agreement process;
• Restricted Overlay (Development Scheme) process;
• Site Plan Approval process; or
• By-law, separate from the municipalities Zoning By-law.
D e v,G io pOry �!in,t jun h � i
IIIIIIA� a�vaiream
Below are a number of municipalities within New Brunswick and Nova Scotia that provide a response
and approach to permit green energy developments:
REGULATORY APPROACHES FOR GREEN ENERGY IDE EI..OP E;NT'S
.. ,.
Wind Turbine Solar
Municipality
Mini/Micro Scale
Small Scale
Large Scale
Small to Large
(^ 0 - 25 KW)
(^ 0 —100 KW)
(100 KW or greater)
Scale
Halifax Regional
Municipality, (NS)*
AOR
AOR/RO
AORJRO
N%A
Annapolis County (NS)
AOR
AOR
AOR
N/A
Town of Truro (NS)*
N/A
N/A
DA
N/A
County of Cumberland
(NS)*
AOR/CU
AOR/RO
AOR/RO
AOR
Town of Bridgewater (NS)
AOR
AOR/CU
NP
N/A
East Hants (NS)*
AOR/CU
AOR/CU
SPA
N/A
County of Colchester (NS)*
N/A
BL
BL
N/A
City of Fredericton (NB)
N/A
N/A
N/A
N/A
City of Moncton (NB)
N/A
N/A
N/A
N/A
City of Miramichi (NB)
AOR/CU
AOR/CU
AOR/CU
N/A
DA —
Development CU — Conditional Use BL — By-law AOR — As of Right
Agreement
Legend
NP — Not SPA —Site Plan N/A — No
RO- Restricted Overlay
Permitted Approval Information
Municipalities of Interest =
� am(i L:eguwrory �kpproa nes 'ror k3reen tnergy ueveiop4"nents.
To better understand the benefits and challenges of each regulatory approach, municipal policies and
associated zoning standards, the following five (5) municipalities (identified by a star in Table 1) were
reviewed further to identify options and recommendations for green energy policy and zoning
provisions for the City of Saint John:
1. Halifax Regional Municipality (HRM), NS
2. Township of Truro, NS
3. County of Cumberland, NS
4. East Hants, NS
5. County of Colchester, NS
K136.1
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4.0 Options & Recommendations
The following section outlines options available to regulate green (wind and solar) energy
developments. In light of the policy framework and jurisdictional review presented in this report, it
should be clear that there is no consensus on many aspects of green energy development. Some
controversy remains around some impacts of large energy developments (for example the question of a
safe distance from wind -turbines for protection against noise impacts, or even the simpler question of
how many birds and bats are killed by wind turbines). These controversies will likely continue into the
future, at least until more research has been produced around the topic and its impacts, and as wind
developments become more familiar, apparent and normalized. It should be recognized that the
assertive development of green energy potential is in accord with broader New Brunswick, Atlantic
Canadian, national and global concern and commitments regarding environmental protection and
particularly global climate change. Renewable (green) energy has been generally accepted as one of the
most promising and important energy technologies, the rapid timely growth of which is deemed critical
in addressing these significant global and regional challenges.
Communities want to ensure that their interests and their properties are protected. Developers want
clarity in what they can and cannot do and they too have an interest in ensuring that communities are
protected and satisfied so as to prevent a backlash to this fairly young industry. Local governments need
to carefully balance the need to protect the character, health and safety within communities against the
desire for flexibility, respecting the strong desire to support alternative renewable energy options, the
advantages associated with economic opportunities and from the industry. Each community therefore
needs to consider its interests, values and its own unique socio-political circumstances in moving
forward on wind energy legislation.
To establish effective and appropriate approaches to municipal policy and regulation of green energy
developments within Saint John, this report and especially the planning tools and options presented in
this section are meant to frame and inform (with the best information available) past approaches taken
by communities that could be adapted by the City.
The following section is broken down into two major categories, which provide options and
recommendations for further consideration:
1. Green Energy Municipal Policies (Municipal Plan Implementation)
2. Green Energy Requirements & Standards (Zoning By-law Implementation)
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41 Green Eriergy Municipal Policies..� unki al Plain). _mm..... ....
The following describes common municipal policies used by municipalities to address the various
impacts associated with larger scaled green energy developments. Some municipalities have provisions
to address a major issue directly (e.g. noise by-laws), while others have a framework that addresses
several issues simultaneously (e.g. setback distances, accounting for noise, blade throw, ice throw, etc.).
Depending on what type of planning policy mechanism is used (e.g., permitted use vs. development
agreement) the approaches described below may be more prescriptive (e.g., by-laws) or discretionary
(e.g., directions or requirements for inclusion in development application).To provide an in-depth
understanding into what type of municipal policies are used by other municipalities, the following
sections have been reviewed and provide options and recommendations on municipal policy for
alternative (green) energy developments and facilities:
• Municipal Policy Framework
• Application Requirements (Criteria) & Associated Documentation;
• Decommissioning;
• Health & Safety;
• Regulatory Monitoring & Policy Review; and
• Public Consultation & Engagement.
D e via p 5 a vvt Jo�'e n'p
271
Options & .1..3
.1.1 Municipal Policv Framework
cork
After reviewing the City of Saint John's Municipal Plan and Zoning By-law and undertaking a
jurisdictional best practice review of municipalities across Atlantic Canada, there are many policy
framework approaches that can be developed to allow for alterative (green) energy development. The
following Policy Framework options have been reviewed and a recommendation developed:
Muurilciur�ality Framework
1' escriiob'on
Model
Reco rorirriended
Halifax Regional As -of - Municipal Planning Policy permits renewable energy uses
Municipality ZrN within specific zones under general standards, conditional
(HRM), NS
oning ver ay
standards, or both.
Development
The process results in a legal agreement of the range of
Truro, NS
Agreement
conditions that the developer is required to meet.
Cumberland, NS
Zoning Overlay
Municipal Planning Policy permits uses within specific zones
under general standards, conditional standards, or both.
The site plan approval process involves the review of
Site Plan
East Hants, NS
Approval
detailed drawings which illustrate the physical arrangement
of property improvements
Colchester, NS
Separate By-
A separate By-law permits development and is not
law
associated with legislative planning requirements.
Table 2i Municipal
al Plbm ...Policy fraririework. analysis.
RECOMMENDATION
After considering all the different policy frameworks provided by other municipalities, it is
recommended that a policy framework, similarly outlined by the Halifax Regional Municipality, NS, be
developed to provide policy within the Rural Resource, Heavy Industrial and Parks and Natural area
designations to allow for green energy development uses. Developing a prescriptive approach will
provide an efficient less expensive approach to processing and regulating green energy developments.
Furthermore, both Council and the general public will be able to provide feedback on the proposal
during the provincially required Environmental Impact Assessment process and throughout the local
planning process.
It is recommended that an As -of -right regulatory approach be considered by local council and City Staff,
which would permit renewable (green) energy uses as -of -right, provided they meet both the general
and conditional standards of their appropriate zones. This policy framework was recommended because
it would provide the greatest options for future development, while still protecting the social and
environmental welfare of the City of Saint Johne
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4..1.2 Application Requirements auirements (Criteria) & Associated Dcurnerltation
There is no clear example of a specified or formal application process for larger green energy
developments. Each municipality has its own process to ensure that specific documentation and criteria
have been met at all levels of government for the project at hand. One of the most comprehensive
examples of an application process in Atlantic Canada is in Cumberland County, Nova Scotia.
Cumberland's application process requires a tentative site plan showing all buildings, boundaries and
natural features, and alterations of site and environment for 1 km in addition to meeting the
requirements for the zone where the facility is located. Prior to construction the municipality also
requires a final site plan, decommissioning plan, copies of documentation of approvals from Transport
Canada and Nav Canada, copies of all environmental assessment documentation required underthe
Canadian Environmental Assessment Act and any approvals or certificates required under the Nova
Scotia Environment Act and regulations. Furthermore, the municipality requires emergency response
plans for site safety and adequate emergency service personnel training, and a professional engineer's
design and approval of turbine base.
Another example of a comprehensive process is the Town of Truro. This Town requires a scaled plan
with height and design configuration, including colour and lighting; location of proposed site and
setbacks, topography, location and proximity to roadways and proposed access to site, distance to
residential areas and other structures, existing and proposed vegetation, fencing and other security
measures; written confirmation that turbine(s) will not affect telecommunications and radar; written
confirmation that turbine(s) have been reviewed or will not require approvals from Transport Canada;
graphic representation indicating visual impact of wind turbine on surrounding properties and from
various vantage points throughout town; non-refundable processing fee plus advertising deposit; and
any other information requested.
Halifax Regional
Municipality (HRM), NS
Truro, NS
Cumberland, NS f
V f
V
East Hants, NS V f
Colchester, NS V f f
'rable I Municilaal plan - Application policy analysis.
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Municipality (HRM), NS
Truro, NS
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Colchester, NS V f f
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RECOMMENDATION
it is recommended that application and associated documentation policies, similarly outlined by the
by other municipalities, it is recommended that policies specific to visual impact, site plan
requirements, security and environmental approvals should be required by the City of Saint John.
Please see Appendix A for example schedules developed by the Municipality of East Hants, Nova Scotiis,
4.13 Deco rm°mrrmissioniirig
While it is important to make provisions and plans for decommissioning of turbines before they are
erected, municipalities face a significant challenge in enforcing requirements for decommissioning.
Regardless of the challenges with enforcement, municipalities that have provisions for renewable
energy development often include requirements regarding decommissioning. Municipalities vary in the
detail they require from developers for decommissioning of turbine(s); some only require a date by
which inactive turbines will be decommissioned. In some cases, the proponent of a green energy
development will submit a status report to council within 3 months of a development not producing
power which will identify the reason for the shut down and estimated timeframe to return to
operational status. If the development is not operational within 1 year or longer, at the discretion of
council, decommissioning of the development will commence according to management plan.
IPluocim°rolpamtd
Policy
Flolilcy Model
'Room°urmdlle
Recommended
Halifax Regional
Municipality (HRM),
-
-
NS
Truro, NS
Policy G-42: ij "decommissioned turbines shall be removed
within two years of the cease of operation;"
Policy 4-57: "Council shall, through the Land Use By-law,
Cumberland, NS
f
establish requirements for the information to be provided and
process to be followed for permitting, maintenance, and
decommissioning of wind turbines."
East Hants, NS
-
-
"A copy of the applicant's Decommission Plan, which must
identify the following:
1. any above ground components of the Wind Power
Colchester, NS
✓
Project to be removed from the site along with any site
remediation, excluding roads, required to return the
site to a natural state;
11. confirmation that Decommissioning will commence
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.. ended
within one (1) year after the Owner or Operator has
surrendered the License or the Owner or Operator's
License has been terminated;
III. confirmation that Decommissioning will be completed
within twelve (12) months after commencement; and
IV. a cost estimate for carrying the Decommission Plan
through to completion, prepared by an engineer who
is licensed to practice in the Province of Nova Scotia or
by another professional individual who has been
deemed appropriate by the Development Officer to
prepare the requisite cost estimate."
Table m I^ unicipal Plan .. Dea.omrrmissioning policy analysis.
. . ... _ ....., _................... .._...... ..... ...... ,_.... ..... _._ _............... ... - ....................,o„...... ....
RECOMMENDATION
Three (3) of the five (5) municipalities of interest provided municipal policy on decommissioning wind
turbines. It is recommended that decommissioning policies, similarly outlined by the Municipality of
Colchester, NS, be developed to provide local council and City Staff with more control on
decommissioning green energy development and facilities after their business life -span has ended. After
considering all the different policies provided by other municipalities, it is recommended that policies
specific to a decommissioning plan be developed, which outlines rernediation requirements, a time-
line to remove all -above ground components, and a cost estimate to carry out the decommissioning
plan, should be required by the City of Saint John.
Health and Safety
When developing municipal policy, health and safety is one of the most influential elements which assist
in forming specific planning policies. For example, setbacks are the most common mechanisms used to
protect the community against most of the associated issues (noise, visual impact, etc.) with green
energy developments. In addition to municipal requirements set out in policy, other information or
requirements are required by the Provincial Government for green energy developments, such as large
scale wind turbines'
The following health and safety policy -based approaches used by municipalities to protect their
community have been identified below in Table 5. Separation distances and setbacks, which are also
aligned within health and safety policies have been identified under section 4.3) Green Energy Zoning
Standards of this report, due to the quantity of unique conditions and regulatory mechanisms that can
be imposed.
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It is recommended that Health and Safety policies, similarly outlined by the Town of Truro, NS, be
developed to provide residents of Saint John with the greatest welfare. After considering all the
different policies provided by the other municipalities of interest, it is recommended that policies
specific to an in-depth review to height, shadow flicker, noise, access, setback distances, and other
requirements be developed by the City of Saint John and required for all small and large scale green
energy developments.
A.5 Regulatory l 'ionitor'ing aind Policy review
Just as wind technology is changing, Municipal By-laws will also continue to change and adapt in
response to technology changes and physical impacts associated with green energy developments. To
address this notion, many municipalities have taken it upon themselves to review and regulate green
energy developments within a shorter time -frame than the five (5) —year requirement, as stated within
the Community Planning Act (2017). Undertaking a review every year or couple of years has allowed
these municipalities to understand new pressures with green energy developments or facilities and
provide an in-depth review and monitoring approach to their development.
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labie S. Municipal Plan Ilealth and safety policy
analysis.
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RECOMMENDATION
.............m
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It is recommended that Health and Safety policies, similarly outlined by the Town of Truro, NS, be
developed to provide residents of Saint John with the greatest welfare. After considering all the
different policies provided by the other municipalities of interest, it is recommended that policies
specific to an in-depth review to height, shadow flicker, noise, access, setback distances, and other
requirements be developed by the City of Saint John and required for all small and large scale green
energy developments.
A.5 Regulatory l 'ionitor'ing aind Policy review
Just as wind technology is changing, Municipal By-laws will also continue to change and adapt in
response to technology changes and physical impacts associated with green energy developments. To
address this notion, many municipalities have taken it upon themselves to review and regulate green
energy developments within a shorter time -frame than the five (5) —year requirement, as stated within
the Community Planning Act (2017). Undertaking a review every year or couple of years has allowed
these municipalities to understand new pressures with green energy developments or facilities and
provide an in-depth review and monitoring approach to their development.
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Monitoring frolic IA(W ��l
Mur°m6cll�uality lV:�.uuu�n°u�ple
Policy Recornmended
Halifax Regional
Municipality (HRM), NS
Truro, NS -
Policy 4-53: "Council may consider amending the Wind
Turbine Restricted Overlay to add locations where a local
Cumberland, NS V/ tourism plan concludes that small- and large-scale wind
turbines are not compatible with the goals of the
tourism plan."
AR39. "Council shall periodically review the policies
East Hants, NS 6/ regulating the use of micro, small-scale and large-scale f
wind turbines”
"A Licence issued under this By-law will be in effect for
twenty-five (25) years unless otherwise cancelled or
Colchester, NS V suspended. If a License is not renewed pursuant to this
By-law before the License expires, a License shall
automatically terminate at the end of the twenty-five
(25) year period of the License."
TaWe 6. hftinicipall PiIan - Mor:iitorhm g i.whcy analysis.
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_
Three (3) of the five (5) municipalities of interest provided municipal policy on monitoring wind turbine
developments. It is recommended that monitoring policies, similarly outlined by the Municipality of
East Hants, NS, be developed to ensure green energy developments are reviewed periodically under no
specific timeline but on a case-by-case basis, A Municipal Plan is to be reviewed every five (5) years, as
per the Community Planning Act, which will be the longest period of time between each policy and
provisional review of green energy facilities.
4.1,6 Public Corisultabori, Education and Coir mu.unicatiiori
Community engagement, education, and consultation processes have been an integral part of nearly all
of the above mentioned municipalities of interest. Often, the developer is proactive in beginning this
engagement process early on, so as to address any concerns directly, rather than dealing with resistance
once construction has begun. Organized opposition to wind development is not common, but
individuals, who often live near the intended site, tend to have concerns or comments that need to be
responded by the developer directly. The policy stage, at which municipalities establish their by-laws
and procedures around wind power development, is also an important stage to engage in more specific
communications around wind energy.
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By working with the public early during the planning phase of green energy developments and gathering
local wind energy champions, project developers can gain a sense of history in the community while
completing requirements set out within the Community Planning Act (2017). This is important in certain
instances, as some communities may have resentment from previous wind developments within the
community or Province. Such historical issues have posed challenges to developers who were not
prepared for community opposition. It should also be noted that Provincial EIA projects require public
consultation as part of the overall EIA process, including the requirements for First Nation consultation.
The Department of Environment should be contacted for further details on these requirements.
�.... _..__......... ...-._...-.......
RECOMMENDATION
It is recommended that a discretionary approach be developed, which provides a decision-making
process that involves local council and the community, It should be noted that other forms of
energy developments before the proponent may apply to the City of Saint John for a Building and
Development Permit.
Greeiun EnergyRequiiirenients & Strichrnin .l
The following section describes common regulatory approaches and zoning standards used by
municipalities to address the various impacts associated with larger scale green energy developments.
The following sections have been reviewed to provide options and recommendations on the following
elements to provide regulatory provisions for alternative (green) energy developments and facilities:
• Regulatory Approaches
• Zones of Permitted Use
• Separation Distances and Setbacks; and
• Application Requirements/Criteria
m2.1 Regulatory Approaches
There are a variety of planning mechanisms and tools used by municipalities for regulating green energy
developments. Broadly speaking, these range from fairly prescriptive (e.g., permitted or conditional
uses) to highly discretionary (e.g., rezoning, development schemes, and development agreements). On
the prescriptive side of the development spectrum, applications for permitted uses are simply judged
against a standard checklist of regulations. The application process is fairly simple and quick, but there is
little flexibility in the evaluation system. At the discretionary end of the spectrum, applications are
considered on a case by case basis and their suitability is determined through a consultative decision-
making process that involves local council or commission and potentially the community, but it is a
longer and more expensive process. The pros and cons of various mechanisms are further described on
the following pages (Table 7).
Regulatory
Approach
ttescriphioin
Strengths
Chafleirnges
• Certainty to developers
Under typical planning legislation,
• Enables development of
• Generic approach that
a Zoning By-law enables local
wind industry.
can exclude areas
governments to identify uses of
• By using a set of
from development,
land that are permitted within
predetermined criteria it
which on a case by -
certain zones subject to
ensures that projects will
case basis may be
Permitted Uses
suitable.
(As -of -Right)
compliance with a set of
be evaluated against a
• Difficult to articulate
prescribed standards. These
consistent set of standards
standards may also be conditional
. Approvals can be obtained
quantitative
Example:
based on the type of use, building
within a relatively short
regulations (ex: visual
Halifax Regional
or structure. Using this standard
period of time.
impacts are more
Municipality, NS
planning mechanism, a wind or
• Typically a less expensive
difficult to manage
(Zoning Overlay)
solar development can be
approval process
through zoning
identified as a permitted or
• Permitted Use standards
standards)
conditional use in a zone and
can be varied, either by
No input from
therefore be permitted 'as -of-
Committee or
Municipal Council
right' when it complies with
Development Officer
. No public input on
prescribed standards.
p
through the Zoning By-law
application/proposal
Under typical planning legislation,
, Establishes locational
• Need for clear and
a Zoning By law enables local
criteria
concise criteria for
governments to identify uses of
0 Enables flexibility in
mutual understanding
land that are permitted within
certain zones subject to
designing adequate
of the assessment and
compliance with a set of
conditions relevant to
potential conditions
Conditional Uses
prescribed standards. In addition
the site
imposed.
to this, a use permitted in a zone
* Provides certainty to
Terms and conditions
Example:
can also be made subject to terms
developers
imposed are limited to
Cumberland, NS
and conditions as imposed by a
• Enables development of
health, safety and
Planning Advisory Committee or
wind industry.
well-being and
Commission. These conditions
• Approvals can be obtained
protection of
must be related to health, safety,
within a relatively short
properties within zone
wellbeing and protection of
period of time.
or abutting zones.
properties within zone or abutting
• Typically a less expensive
• No ability to enforce
approval process
decommissioning
zones.
requirements
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Appr°o cli
Description
Strengths
Challenges
The Municipality of Colchester has
developed a'WindTurbine
Development By-law' that allows
wind energy on all lands within
• Process allows all lands to
. Less direct control
the municipality, provided all
be considered for
provided toCouncil
Council
regulations are met. This By-law
development
• No opportunity to
Wind Turbine
does not fall under or abide by the
• The onus is more clearly on
vary conditions or
Development
Provincial Planning Regulations, as
the developer
requirements within
By-law)
outlined in the Municipal
• Public input, monitoring,
the By-law.
Government Act (NS). Therefore,
and decommission
• Could be perceived as
all regulations must be met with
planning is required
a challenge the
Example:
no option for variance. This By-law
. Approval process more
development
Colchester, NS
is permitted through General-
streamlined
• Not associated with
Bylaw development provisions
• Allows for more detailed
Municipal Policy or
within the MGA (section 172). This
requirements
Zoning By-law
process is applicable through
regulations
section 10 of the Local
Governance Act within N B.
The Development Scheme is a tool
• Creates greater
provided within typical planning
• Development scheme
uncertainty for
legislation. A Development
developers as the
Scheme is a tool that carries out
could be used to identify
decision is subject to
or amplifies any project, providing
the conditions that can be
Council/approval
imposed and the scope of
Development
it is not inconsistent with a
assessment, which
• Development
Scheme
municipal plan. In this case, a use
provides clarity for the
planning staff must
(Restricted
such as a wind or solar farm could
developer.
have the appropriate
Overlay Zone)
be permitted subject to the
• This process is site specific,
skill set to make an
statements, drawings and details
informed decision on
included in the scheme. Council is
and thus, can take into
the development
Example:
the ultimate authority in
account site specific factors
agreement
Cumberland, NS
determining conformance with
• Public input into the
requirements.
the scheme. The Municipality of
development scheme is
• Process is a lengthier
Cumberland has developed a
required
and at times onerous
restricted overlay map, which
• More direct control
process, and requires
identifies areas that are not
provided to
amore significant
permitted for wind or solar energyCouncil%Commission
investment of
development.
resources
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Options & R ccr' rtn" r&da L. ot"'s 2.2
ltegulatorV
/ ppIIY°oach
Description
Strengt1isChallenges
Development agreements allow
• Can be used to supplement
•
Presupposes or
specific development standards to
permitted uses or
requires the
be negotiated in addition to those
conditional uses
willingness of the
Development
required by the existing regulatory
• The onus is more clearly on
developer to use the
Agreement
framework (zoning by-law,
the developer to identify
agreement.
subdivision plan etc.). The process
and assess impacts
� Development
Example:
results in a legal agreement of the
The process is site specific,
planning staff must
Truro, NS
range of conditions that the
and thus, can take into
have the appropriate
developer is required to meet. The
account site specific factors
skill set to make an
agreement is registered against
such as environmental
informed decision on
the property and runs with the
impacts and development
the development
land until it is discharged.
obstacles.
agreement
requirements.
The site plan approval process
involves the review of detailed
drawings which illustrate the
physical arrangement of property
improvements such as buildings,
driveways, parking areas,
landscaping, fences, light fixtures,
• Runs with the title of
waste collection areas, drains and
land
• No public involvement
Site Plan Approval
municipal services. Municipal staff
• Stream -lined process
• No Council
and commenting agencies review
• Places trust into
Involvement
Example:
the drawings to ensure they
Municipal Staff
• Less control than
East Hants, NS
comply with development
• Site Specific Controls
Development
standards, regulations and
• Provides more certainty
Agreements
policies. The site plan approval
to developers
• Invested power to
process promotes functional and
. No Council/PAC during
Development Officer
attractive development, while
approval process
minimizing adverse impacts on
surrounding land uses. Conditions
will be imposed to ensure that
development proceeds in
accordance with the approved
drawings.
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R'tpprator
Descraiphon
Strengths
Challenges
• The process is site specific
• Need for clear and
which allows the
concise criteria for
municipality to use the
assessment
Another tool available under
process to establish
• Creates greater
typical planning legislation is using
locational criteria without
uncertainty for
a rezoning or the creation of an
having to predetermine the
developers as the
Integrated Development Zone to
location on the ground.
decision is subject to
enable any given proposal.
• Provides a process through
Councilor
which the local
Commission approval
Rezoning or
In either case, when a proposal is
government can require
• There is greater
Integrated
made to establish a wind turbine
further study of the
potential (or
Development
or a wind turbine farm, the zoning
potential impacts of wind
perception thereof)
Zones
by-law could be amended to
turbine development
that projects will not
enable the proposed use. Once
• The onus is more clearly on
be treated evenly as
the change to the zoning by-law is
the developer
agreements are
approved, the development can
• Provides a process through
project specific
proceed as a permitted use,
which the local
The process is a
however it may be subject to
government can enforce
lengthier and at times
terms and conditions or an
decommissioning and
onerous process
agreement as established under
require financial bonds.
. Could be perceived as
planning legislation.
• Public input into the
a challenge to the
development is required
development
• More direct control
provided to the Council
�aaie i� migwiaaory Approacnea taKen oy munici paomes on wirro anergy uevOopment.
John.After considering all different regulatory approaches, it is recommended that a discretionary approach,
which provides local council and community with an opportunity for feedback on a proposal, should be
considered by the City of Saint approach to processing and regulating green energy developments. It is recommended that a Rezoning
;i(green) energy uses as -of -right,
provided they meet both the general and conditional standards of its appropriate zone. The rezoning
approach would require text amendments to the zoning by-law to allow for specific zoning standards and
conditions. It is anticipated that the new zoning standards and conditions would be developed in a new
zone entirely.
Devc.ao�p
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4.22 Zones for, perrnitted Use
Table 8 below identifies which lands and which zones green energy developments are permitted:
Municipality
Permitted Zones
Permitted I.ise
Approach
pec;orrmmended
The Township of Truro has established that wind energy development may be
permitted in the following zones: Commercial Zone; Industrial Zone; Community Use
Truro, NS Zone; Rural Residential (118) Zone; Watershed Residential (119) Zone; or
Environmental Management Zone excluding the Floodway (E3) Overlay or the
Floodway Fringe (E4) Overlay where the underlying Zone is a Residential Zone other
than the Rural Residential (R8) or Watershed Residential (119) Zone.
Cumberland, The Municipality of Cumberland has permitted small land large-scale wind turbines
NS in all zones, but shall prohibit small- and large-scale wind turbines on lands covered
by the Wind Turbine Restricted Overlay.
The municipality of East Hants has permitted wind energy developments within the
East Hants, N5 Wind Energy (WE) Designation and implementing zone, which is used to regulate
wind energy development in the region of East Hants.
Colchester, NS The Municipality of Colchester enables wind energy developments in all lands of the
municipality, provided that it meets all regulatory provisions of the By-law.
Table Ifm Zoning By-law„ Zones for Permitted Use Analysis
RECOMMENDATION
TCS70FUM P
wind or solar energy development would need to meet all municipal policies and zoning standards
within their identified land designations and zone in order to obtain a development permit for
alternative (green) energy use,
31 LJL .,
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4.2.3 Separation Distances aind Setbacks
Separation distances are determined by such considerations as noise, blade and ice throw, and
proximity to inhabited structures. Separation distances can be defined at the federal, provincial and
municipal level. For example, some distances will be defined by federal agencies concerned with
aeronautical safety, protection of fish habitat, navigable waters, species at risk, and migratory birds.
A setback describes the distance between a property line and a building. Separation distance would be
used to describe the distance required to separate structures in other circumstances (separation based
on noise levels, other structures, safety concerns, etc.). Due to the fact that the majority of the literature
reviewed and the municipal by-laws surveyed used the term setback to describe both the technical
definition and all other separation considerations, this report predominately uses the term setback to
describe both mechanisms.
Some municipalities only have setbacks for regulating the placement of turbines in relationship to
closest receptors or dwellings while other municipalities have a series of setbacks for dwellings on and
off site, roads, property lines, other turbine developments, and special zones. An established setback
from a neighbouring dwelling will protect residents within the dwelling from the unwanted impacts of
wind turbines (e.g. noise) while an established setback from the property line will protect neighbouring
properties in their entirety — thus for example, allowing neighbouring properties full liberty in building
new structures anywhere on their site without having to worry about impacts of the wind turbines on
any such new structures.
In some cases, the development of setbacks from either dwellings or property lines will greatly affect
the ability of proponents to build wind turbines. In Nova Scotia, the County of Pictou changed its draft
setback criteria from originally having setbacks for property lines to setbacks for dwellings since the lot
sizes in the county were of the size which would severely restrict wind turbine development if based
solely on property lines. The change to setbacks for dwellings allowed for greater opportunity for
development of wind turbines. Similarly, the Municipality of Cumberland measures setbacks from "an
existing building intended for human occupation on a neighbouring property," not from property lines.
This is to avoid problems associated with narrow properties (common in NB); putting the separation
where it is needed and not inadvertently restricting development on neighbouring properties through a
reverse application of setbacks.
Table 9 below identifies examples of setbacks used by the municipalities of interest for large scale wind
turbines and offers a recommended approach for zoning standards set forth by the City of Saint John:
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Setback Approach
Description
Examples
Setback a
Setback
The minimum
ll ecomrne ded
minimum
• HRM - Urban Zone (Medium Facilities) - set back a
• Set back a minimum
from
minimum distance of 250 metres (820 feet) from
distance of 1000
Scale Wind Turbine
any habitable building on an adjacent property.
metres (3281 feet)
whichever is larger.
• HRM — Rural Wind Zone (Large Facilities) — set
from any habitable
property
back a minimum distance of 1000 metres (3281
building on an
feet) from any habitable building on an adjacent
adjacent property;
(1.1) times the Wind
property;
• Reduction of the
• Cumberland — 600 metres or 3 times the height of
1,000 metres
Setback a
the turbine, whichever is larger
minimum Setback
minimum
Setbacks to
• Colchester - The minimum Setback for the
to a minimum
distance from
dwellings on
location of a Large Scale Wind Turbine from an
Setback of 700
any habitable
neighbouring
existing Dwelling on a neighbouring property is
metres, with written
building on an
1,000 metres,
permission from all
property
adjacent
• Colchester - an applicant may request a reduction
landowners who
property.
of the 1,000 metres minimum Setback provided
own parcels of land
285
by clause 5.2 of this By-law, to a minimum
that share a
Setback of 700 metres, with written permission
common boundary
from all landowners who own parcels of land that
with any parcels of
share a common boundary with any parcels of
land which form
land which form part of the Wind Power Project,
part of the Wind
in a form approved by the Development Officer
Power Project.
from time to time.
• Truro —10 times tower height of wind turbine
Setback a
minimum
Setbacks to distance from
• Cumberland —1.25 times the height of the
• Setback a minimum
dwellings on any habitable
turbine
of 1.25 times the
site building on the
• Truro — 3 times the total height of the wind
height of the
subject
turbine
turbine
property.
• HRM — Urban & Rural Wind Zone- a minimum
26
distance of 1.0 times the tower height from any
Setback a
adjacent property boundary.
The minimum
Setbacks
minimum
• Cumberland —1.1 times the height of the turbine,
Setback for a Large
from
distance from
or height of the turbine plus 7.5 metres,
Scale Wind Turbine
property
any adjacent
whichever is larger.
from an External
lines
property
• East Hants - A large scale wind turbine shall be
Property Line is one
boundary.
located not less than 4 times the height of the
(1.1) times the Wind
Turbine Height.
turbine, measured from grade to the highest
point of the rotors arc, from adjoining property
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26
Type of Setback Approach
i�esctil��twc)n Examples
Setback Fiec ornniectded
lines;
• East Hants - setback at minimum 1.5 times the
height of the turbine from publicly owned lands if
the publicly owned lands are determined to be
culturally insignificant.
• Colchester - The minimum Setback for a Large
Scale Wind Turbine from an External Property
Line and public roads is one (1) times the Wind
Turbine Height.
• Colchester - The minimum Setback for the
location of a Small Scale Wind Turbine from an
External Property Line is two (2) times the Wind
Turbine Height.
• Truro— 3 times the total height of wind turbine
• Cumberland— 1.1 times the height of the turbine, • Setback a minimum
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286
Setback a
or height of the turbine plus 7.5 metres,
of 1.1 times the
Setbacks
minimum
whichever is larger.
height of the
from roads
distance from
Colchester - The minimum Setback for a Large
turbine, or height of
public
Scale Wind Turbine from an External Property
the turbine plus 7.5
roads/streets
Line and public roads is one (1) times the Wind
metres, whichever
Turbine Height.
is larger.
Setbacks for
Setback a
Setback a minimum
multiple
minimum
•
HRM -Urban Zone a minimum distance between
distance between
turbines on a
distance
turbines equal to the height of the tallest tower.
turbines equal to
site
between
the height of the
turbines
tallest tower
Setback a
•
Cumberland - Four (4) times the height of the
Setbacks for
minimum
proposed wind turbine or four (4) times the
• Setback a minimum
multiple
distance
height of the wind turbine external to the wind
distance of 4 times
wind
between
turbines on
turbines on
energy project, whichever is larger.
the height of the
multiple
•
multiple
Truro— the minimum separation distances
proposed wind
between turbines shall be 5 times the rotary
turbine.
properties
properties
(wind farm)
diameter
Setback from
Setback from
Natural Gas
• Setback a minimum
natural gas •
Cumberland— 85 metres
pipeline
of 85 metres
pipeline
right-of-way
Tabie Zoning By-law - Setbacks
and Separation Distance Analysis
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286
4.2.4 A l�hcat� c)n Process
The application process, whether for a permitted use, rezoning or development agreement, will require
proponents to describe certain aspects of the proposed development. The following table (Table 10)
lists elements that the City of Saint John may wish to include in the requirements in its application
process.The following information was generated by compiling requirements from other application
processes from the five (5) identified municipalities of interest.
_.r' i, rfly"'.prlj'�... pt lica ion
'Content o ' evg'l....:�.
Project definition including installed turbine(s) capacity, targeted long term production
levels, scale elevations or photos of turbines showing total height, tower height, rotor
diameter and colour;
Site plan showing all buildings, boundaries and natural features and alterations of site;
Turbine manufacturer's specifications and professional engineer's design and approval
of turbine base,-
Analysis
ase;Analysis of visual impact including the cumulative impact of other wind turbines and
impact of overhead transmission lines, mitigation measures for shadow or reflection of
light onto adjacent sensitive land uses;
Analysis of noise impact including a map indicating all lands and sensitive receptors
impacted and estimated noise levels at property lines and receptors;
Impacts to the local road system including required approaches from public roads;
Study to determine impact and mitigation for identified natural heritage features;
Copies of completed forms from Transport Canada and Nav Canada for turbines taller
than 30 m and 30.5 m respectively;
Evidence of notification to DND and Nav Canada if within a 10 km radius of airfield;
Copies of all documentation required for Canadian Environmental Assessment Act and
New Brunswick Environmental Impact Assessment Act if applicable;
Evidence of notification to DND, Nav Canada, Natural Resources Canada or other
applicable agencies regarding potential radio, telecommunications, radar and seism
acoustic interference if applicable;
Evidence and results of public consultation if conducted;
When placed on agricultural land, evidence of the continued use of prime agricultural
land for farm use;
Emergency response plans for site safety; and
Decommissioning and reclamation plan.
Table 10: Zoning ley®lama - Appilc;aiion Requa rement Analysis
RIMA
Recommended
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5.0 Proposed Amendments
The following section describes proposed policy and regulatory amendments for the City of Saint John to
address the various impacts associated with larger and small scale green energy developments. The
following sections have been reviewed to provide recommendations on the following Bylaws for
alternative (green) energy developments and facilities:
• Municipal Plan Policy Amendments; and
• Zoning By-law Amendments
The proposed Municipal Plan amendments are provided below, in green holies for additions and K
,4W,etlire for deletions.
Lands outside the Primary Development Area are generally described as Rural Areas and are not
provided with municipal water and wastewater services. The Rural Areas will support limited
growth and development which will be carefully controlled through Municipal Plan policy in order
to encourage most development to take place within the Primary Development Area. Rural Areas
include three sub -categories described as Rural Resource Areas.
Rural Resource Areas are primarily undeveloped lands with the potential for rural resource activity
such as pits and quarries, afi r-forest ry uses, ond allernative energy developmentr' ,SaA:'h (is a a'v°W
a nd solar. New resource uses may be permitted in Rural Resource Areas provided the proposal
meets the criteria outlined in the Land Use Chapter of the Municipal Plan, and the relevant
provisions of the Zoning Bylaw.
t. Lands Common to the Primary Development Areg
• the Rural&rer?s
Park and Natural Areas are currently in a primarily natural state or would benefit from re -
naturalization and are not appropriate locations for development. Park and Natural Areas include
wooded lands, lake shores, rivers, coastlines, and important geology and habitat. Through specific
policies in Chapters 3 and 7, such as the provision of wildlife corridors, protection of
environmentally sensitive/ significant areas, and guidelines for watersheds, riparian, coastal and
s c, ar'?, G;Whf ra
W:1:j
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29
F1 o p o s d 1Oo ah aY,-ii �i e n t J, 30
estuarine areas, the lands are intended to form a system of natural areas to conserve ecosystems.
Due to the large f.�rovision of Park and Natural Areas in largely inac 'e sibsareas of the city, Green
Energy Developments, t:aments, ras defined within the t;itys 76ning By- .law, ore appropriate, saga �ra:tt�aa
required provincial randfeoeraal approvals.
Rural Resource
The majority of lands within the City's Rural Areas are located in the Rural Resource Area
designation. These lands are intended to facilitate resource related activities, where appropriate,
such as forestry operations, wind awarad.solor energy development, agriculture, fisheries, and
extraction activities, including pits and quarries. Limited residential and other land uses may be
contemplated.
Policy LU -95
Create the Rural Resource Area designation on the Future Land Use map (Schedule B). Council
intends that land within the Rural Resource Area designation shall generally remain in their natural
state, or subject to regulation and required approvals, be used for appropriate resource uses,
including forestry operations, wind and .aaaw for energy rlaaaaelolwuaraent�, agriculture uses, including
livestock operations and the fishery, and extraction activities, including pits and quarries.
Parks a rl Areas
Policy LU -110
Create the Park and Natural Areas designation on the Future Land Use map (Schedule B). Council
intends that the Park and Natural Areas designation will permit a range of conservation and
appropriate recreational land uses permitted in the City's major regional and community parks,
environmentally sensitive or significant areas, lands that are located adjacent to watercourses,
lands adjacent to the City's coast lines, estuarine areas, significant archaeological and geological
sites, historic sites, designated heritage places and cemeteries. Council may permit commercial
recreation uses in the Park and Natural Area designation subject to appropriate standards in the
Zoning Bylaw. k'°rawaim-111 may krrini
t aaatnal rarurt aka°als°ar rwrwrury rlaawrelralaraaarrat in the Park and Natural
Areas designation outside of the tarlrn ary Development velrapment Area .sub,j art to frederal and provincial
rnviro nment�ral rayytaa,°rawaralr and conditions and standards in the Zoning 5ylrawra.
D„ v a f, t a `r t f o,r Y"m
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5.2 Zoining By-law Amendments
. . ........... . . . ............ . . . . . .......... . . .......... ..
The proposed Zoning By-law amendments are provided below, in green italics for additions and f -ed
,Af
& 44et*eugh for deletions.
.2.t. Amended or New Definitions
The following is a list of definitions that will need to be created or amended to support regulatory
provisions for the proposed Green Energy Zone:
"Blade Clearance" fneans the distonce from grade tro the bottorr) qJ the 9"otor5 arc,
"Greeri Fnergy Development" rneans a project that accornmodatres, renewableresouice-relalred
activities, SJ,JCrJJ ris u wind energy development or solar energy developtnent
"Habit"abhe Building" meons a dwelling unifr I hospital, hoteI, rnotel, nursing horrie or o1her building where
a person lives or whis,h contains overnight OCCOMIModations,
Wkro Scate Wind Turbine (lit MI-1)"means o Windl-urbine providing on-5ite power to a home or,
business, with a power geru"Yation copacity of 10 kilowatts or less,
"Nacelle" MEWi'75 o corn ponent of o wind turi)ine that houses its generating cornponents including, kra.at
not hry7iied to, the generator, drive train, i1no broke asserribly,
"Other Zone" means any zone denoted in this By-law as: Park (P), Environmental Protection (EP),
Integrated Development (ID), Future Development (FD), Rural (RU), Green Energy (GE), or a Special
Zone.
""Rotor's Are"6a eaarl kthe citsurnferentiol path troveled by the wind tutbines blade,
"Solar Energy Development" nieans a project in which one or moresolor collect-or(s) will be instrrjfled,
"'Solar rollsctor" mearis a single device 1hut coflocts andlor concentrates solar radiation frorn tlwar Sun.
These dswiCe5 are primarily used for active solar, heating and allowfs-)r the heriting of woter for, personal
use, Without restricting Me generolity qf this definition, as solar crslle�,.tor may include evocuoted tubes,
flat plate collerss)r , concen trot ing niirror5, and building- integrated phatovoltoic materials but glares nol
include ivindows or greenhouses,
"Solar, Collector System" means as struc I ure or, array of structures, and ancillary equipment, designed to
collect solar radiation and convert it to useable forrns of energy, Without restricting the generr,71ity of this
deinition, solar collector Sy5fs
.1 2ms may include evacuated tubec, II(Itr plate collectors, roncen trating
mirrors, and building -integrated photovoltaic materials but does riot include windows or greenhouses.
,�evd�bp S,,,a'rajohn
P40-191
Proposed Arrwndh i,, � e rf� t s 32
""T( ? mporary Test'' t F acifity " r Pre a ns t e i np ora ry rn eas urc,m e n 1, to ale rs or iris tru m e n ts f6r, t h e as s ess rn e n t of
potential wind energy resource,
"Turbine He�rjht` means the nieasurernent of o wind turbine (torn grade to the highest point of the
rotor's ar,r.
"Large Scale Wind'Turbine (I.WT)" meons a Wind I-urbo7e providing pow(,,,r to the local Utility grid, with a
rninimum power generation capacity of 100 kilowatte, and a maximum height of'200 metres,
SmaliScale Wind Turbine rpM(T)" n7eans o Mlind Turbine providing on Sit(? POWPr to as horne or busines,;,
with 0 POWer'generation copocity between 12 and 99 kilowotts, inchjsive, and a maximurn height of 1,25
rnetres, which rnoy also be used forne trne trin g,
"Wind rnergy Development" merins a projectin which one or rnors^ wind turbine(s) will be instcjlled�
in Farm" means a nurnber, of wiryd turbines that arespaced over, o large aiva and are connected t(,,P
the local utility grid,
"Wind Test t"ower"" rneans a ternporary lower and mer.honical device used to rneasure wind dynamks
Farr 1,,)otential wind turbine locations,
"Wind Furbine" mean a mechanical structure des�gned to converl. wind into eiectrical power,
"Wirad l'urbine Separation Distance"rneG?75 the horizontal di5tarrue measuredfrom the CIORSt external
jace of the b(75e of the wind turbine tower to any specIfied,feature or ohject,
5 2.2 Other Zone Description
On page 204 of the City's Zoning By-law, Table 14-1 shall identify the following permitted uses under the
general list of uses allowed in the Other Zones:
Use
Zoine Perrrftted
Wind Energy Developments GrPen Energy
Solar Eneig),,, Developments Green Energy
5.23 Green Energy Zone(Context, Peninitted Uses, Canditions of Use, & Zone Standards)
......... . . . ------
The City of Saint John is to amend their existing Zoning By-law to create Section 14.10, which provides
context and direction on permitted uses, conditions and zoning standards for the newly proposed Green
Energy (GE) Zone. The following Zoning By-law amendments have been developed for the City's
consideration:
De�e�op Sa�rfl(j0un
P40.2
P}brasei,A, a 11 rf E ti;, n d d r 4 i i.,4'� i s 33
MUNICIPAL PLAN CONTEXT
The Green Energy (GE) zone accommodates
renewable resource -related activities, such as wind
and solar energy developments. Green energy
operations are not considered permanent uses and
these properties are intended to be rezoned back to
an appropriate zone once a green energy
development is no longer feasible and rehabilitated.
The Green Energy (GE) zone is intended for land
outside of the Primary Development Area that is
designated Rural Resource; Heavy Industrial; or
Parks and Natural Areas.
14.10(1) PERMITTED USES
Any land, building, or structure may be used for the purposes of, and for no other purpose than, the
following:
Wind Energy Developments; and
Solar Energy Developments; and
The above main uses may also include any of the following as an accessory or secondary use:
• Caretaker Dwelling;
• Office and Storage Buildings; and
• Parking;
14.10(2) GENERAL
a) Nothing in this Bylaw shall exempt developers from obtaining all necessary federal and
provincial approvals from agencies, such as, but not limited to, Department of Environment,
Department of Energy and Resource Development, Department of National Defense, Transport
Canada, NAV Canada, and Saint John Energy.
b) An accessory or secondary use permitted in subsection 14.10(1) shall be subject to the
following:
i. The building shall have a minimum ground floor area of 65 square metres;
ii. The building shall be placed on a lot so that its length is parallel to the street; and
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iii. If not placed on a permanent foundation, the building shall have skirting of an opaque
material installed around its perimeter between the building and ground.
c) Wind Turbines exceeding 6 metres (20 feet) shall not be mounted on or attached to any other
structure.
14.10(3) ZONE STANDARDS: SETBACKS
Green Energy Developments, as permitted under section 14.10(1), shall have the minimum separation
distances, as outlined below:
a) Subject to paragraph 14.10(8)(b), the minimum distances stipulated herein shall be maintained
between any Green Energy Development upon land with respect to which a development
permit has been issued:
Minimum Separation Distance
Solar Collector Small Wind Turbine Large Wind Turbine
Systei I (SWT) I (LWT}
Habitable building(s) external
i. to the project (adjacent 100 metres 750 metres
properties)
Habitable building(s) internal 1.25 times the Turbine
to the project (on site) 20 Metres Height
Property lines external to the 20 Metres 2 times the Turbine
energy project Height
1000 metres
1.25 times the Turbine
Height
1 times the Turbine
Height
b) Subject to Paragraph 14.10(8), the Applicant is to provide documentation that all setback and
separation distance regulations, stipulated by the Provincial and Federal Government, have
been satisfied.
c) If a Wind Energy Development is expanded, the expansion shall not be located any closer to new
habitable buildings that were permitted under subsection (a).
d) There is no limit on the number of Small or Large -Scale Wind Turbines permitted on a site,
provided all of the turbines meet setback and separation distance requirements.
14.10(4) ZONE STANDARDS: ACCESS
a) A Green Energy Development shall be protected from unauthorized access by:
L having a security fence, which shall have a minimum height of 1.8 metres and a lockable
gate; or
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P40.191
ii. having any ladder or permanent tower access located no closer to the ground than 3.7
metres; or
iii. for monopole designs with internal access only, a lockable door.
14.10(5) ZONE STANDARDS: SCREENING
a) A buffer(s) shall be in place prior to the start of a Solar Energy Development. On-site material
may be used for constructing buffers and berms, provided that the treed and/or landscaped
berm is 4 metres in height to visually screen the site and associated activities. If trees do not
exist in quantities to adequately screen the visibility of the operation from a public street or
adjacent residential properties, the applicant shall construct a treed and landscaped berm 4
metres in height to visually screen the site and associated activities.
b) The location of buffers, present or proposed, shall be identified on the applicant's site plan(s).
14.10(6) ZONE STANDARDS: HEIGHT
a) Notwithstanding other provision herein, a Small -Scale Wind Turbine shall have a maximum
Turbine Height of 125 metres.
b) Notwithstanding other provision herein, a Large -Scale Wind Turbine shall have a maximum
Turbine Height of 200 metres.
c) The minimum ground clearance for a Rotor Blade shall be 7.5 metres.
14.10(7) CONDITIONS OF USE & OPERATION
A development permit under subsection 14.10(9) is subject to the following terms and conditions:
a) Appearance
A Green Energy Development shall have a non -reflective matte finish.
b) Lettering and Signage
i. A Wind Turbine shall not contain any commercial advertising;
ii. The Nacelle of a Wind Turbine may display the name or logo of the manufacturer of the
Wind Turbine or the name or the logo of the Owner or Operator of the Wind Turbine,
which shall not exceed 5% of the total surface area of the wind turbine; and
iii. Site signs will be limited to those which identify the Green Energy Development, those
which locate access points and those which provide safety and educational information.
c) Lighting
A Wind Turbine shall not have artificial lighting, except for lighting that is required by
Transport Canada or other Provincial or Federal regulatory authorities.
d) Temporary Test Tower Facilities
Temporary Test Tower Facilities may remain erected for a maximum of two (2) years
after the issuance of a development permit, after which time any such Temporary Test
KRZ,11
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Tower Facilities must be dismantled unless an Owner and/or Operator satisfies that the
Temporary Test Tower Facilities continue to be necessary.
e) Outdoor Storage
Outdoor storage shall be considered an accessory use to a Green Energy Development,
and any such outdoor storage occurring after the completion of installation or
construction of the Project shall be screened from the view from adjacent Dwellings and
public roadways.
f) Requirements of the Applicant During the Construction Phase
Within two (2) months of the installation of a Wind Turbine or the completion of a
phase in a multi -phased Wind Power Project, the applicant will submit a Location
Certificate prepared by a surveyor who is licensed to practice in the Province of New
Brunswick or a drawing prepared by an engineer who is licensed to practice in the
Province of New Brunswick which confirms that the location of the installed Green
Energy Development and is in compliance with the minimum Setbacks as required in
this By-law.
14.10(8) DEVELOPMENT PERMIT APPLICATION
A person seeking to obtain a development permit shall be the owner or agent of the land proposed to
be developed and shall make application in writing to the Development Officer and such application
signed by the applicant shall contain:
a) A site plan, drawn to scale by an engineer or surveyor who is licensed to practice in the Province
of New Brunswick, showing the proposed location of the Wind Turbines, Solar Collector
Systems, and accessory components of the Green Energy Power Project.
b) A plan, drawn to scale by an engineer or surveyor who is licensed to practice in the Province of
New Brunswick, showing the location of adjacent structures and land parcels and identifying all
dwellings, structures, public and private roads and right-of-ways within two (2) kilometres of any
proposed Green Energy Development. The plan must also demonstrate compliance with the
required minimum setbacks, where applicable, for the entire Green Energy Project. The plan
must also include tables which provide the distance, in metres, from each Wind Turbine or Solar
Collector System to external property lines and dwellings.
c) The results of a Wind Turbine Noise Modelling Study, if undertaken, or an equivalent study,
which demonstrates that the Wind Power Project will have an Ambient Degradation Noise
Standard.
d) If applicable, a copy of an Environmental Assessment and notice of the issuance of any Federal
and/or Provincial approvals, along with any changes, comments or conditions imposed by
Federal and/or Provincial regulatory authorities.
e) A certified copy of the complete manufacturer's specifications for all proposed Wind Turbines
and Solar Collector(s).
00
f ON"t JJ I'M
f) A copy of the applicant's Decommissioning Plan, which must identify the following:
any above ground components of a Wind or Solar Energy Development to be removed
from the site along with any site remediation, excluding roads, required to return the
site to a natural state;
ii. confirmation that Decommissioning will commence within one (1) year after the Owner
or Operator has surrendered the License or the Owner or Operator's License has been
terminated;
iii. confirmation that Decommissioning will be completed within twelve (12) months after
commencement; and
iv. a cost estimate for carrying the Decommission Plan through to completion, prepared by
an engineer who is licensed to practice in the Province of New Brunswick or by another
professional individual who has been deemed appropriate to prepare the requisite cost
estimate.
g) Written acknowledgement from the landowner(s) of the parcel(s) of land which form part of the
proposed Green Energy Development that the Municipality shall not be liable for any costs, fees
or expenses of any kind which may be incurred by the landowner in relation to the
Decommissioning of the Green Energy Development in the event that the Decommission Plan is
not completed to the landowner's satisfaction or in accordance with any agreement that may
have been entered into between the landowner and the applicant.
h) If applicable, confirmation that the applicant has given notice to, and has received approval
from, any Federal or Provincial regulatory authorities including but not limited to the
Department of National Defense, Natural Resources Canada, Transportation Canada, NAV
Canada and any other applicable department or agency with respect to any potential radio,
telecommunications, radar and seismoacoustic interference that may result from the proposed
Green Energy Development. Copies of all such approvals must be obtained and provided to the
Development Officer before an application will be considered complete.
i) If any other information that may be requested by the Development Officer to ensure
compliance with the requirements of this By-law, including any other information that the
Development Officer deems necessary as a result of any community meetings.
P40.1.1
„,,,
tali t..1 A,3
tON� tAIIN�,
14.10(9) Development Permit
a) Subject to paragraph 14.10(9)(c), the Development Officer may issue a development permit
where:
An application under this section has been received; and
The proposed site rehabilitation of the land for which a development permit has been
sought has been approved by the Development Officer as conforming with all
requirements of this By-law.
b) A development permit shall:
L Be in the form prescribed by the Development Officer;
ii. Be signed by the Development Officer;
iii. Indicate the purpose of the work to be carried on; and
iv. Set out any controls or measures, which in the opinion of the Development Officer, shall
be employed in the operation, including any conditions that may have been imposed by
Council upon the rezoning of the site.
c) No development permit may be issued under paragraph (b) if:
L The proposed work would:
A. Create a hazard to human life;
B. Endanger adjoining property;
C. Adversely affect a municipal sanitary sewer, municipal water main,
watercourse, or street; or
D. Not meet the conditions of use set out in the GE Zone.
14.10(10) DECOMMISSIONING & SITE REHABILITIATION
a) The land with respect to which a development permit has been issued shall be rehabilitated in a
progressive manner in accordance with subsection 14.10(8)(f).
In accordance with the decommissioning plan, in accordance with subsection
14.10(8)(f), all above ground components of the Green Energy Development(s),
including all buildings and storage facilities, Solar Collector Systems, Wind Turbines,
wind testing facilities and above ground accessory infrastructure (such as overhead
transmission lines and substation) shalt be removed from the site and the applicable
surface site areas, except for roads, shall be restored to a reasonable natural state
within 18 months of the time at which the Green Energy Development cease to produce
power continuously for a period of 6 months or, in a case where construction of the
Green Energy Development is not completed, the time at which the development of the
Green Energy Development ceases.
14.7(11) Enforcement
a) A development permit shall expire within the following time periods from the date issued if the
development has not commenced:
Two years for Green Energy Developments
b) In the event of a contravention or failure to comply with any provision of this section, the
Development Officer may suspend, or in the case of a continued violation, revoke, the
VTi1I
Pn,q",irt,sed, Arrwndrn,,'�,nts 39
development permit, in writing, to be delivered by hand or by registered mail to the owner, and
may, if the conditions leading to the suspension are subsequently corrected, reinstate the
suspended development permit or issue a development permit if the conditions are corrected
and all the requirements for the issuance of a development permit have been satisfactorily met.
5.2.4 General P1 rovisioris. Uses Perrnitted in lAuffiple Zones Amendment
The City of Saint John is to amend Section 9.19 of their existing Zoning By-law to permit the use of a
Temporary Test Tower Facility in all zones:
9.19 Uses Permitted in Zones
Notwithstanding anything else in this By-law:
(a) The following uses shall be permitted in all zones:
(i) [Repealed: 2016, C.P. 111-35]
(ii) Lane, Street, or Highway;
(iii) Minor Utility Service Building or Structure;
(iv) Pipeline;
(v) Railroad;
(vi) Stormwater Management Pond; [2016, C.P. 111-35]
(vii) Telecommunication Tower; 9F
(viii) Temporary Parking Lots and Snow Lots authorized by The City of Saint John; or
(xi) 'I"PfrporaryT(-.,5t Focility
P061-11
6.0 Closure
This study outlines a clear, process and recommended amendments to the City of Saint John's Municipal
Plan and Zoning By-law, to create a permissive land use framework, and proactive regulations to
manage this type of development within municipal boundaries. It is anticipated that this study will
inform a future Municipal Plan Amendment and Zoning By-law text amendment application by Develop
Saint John.
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References
' (https://www2.gnb.ca/content/dam/gnb/Departments/env/pdf/EIA-ElE/SectorGuidelines/WindTurbines.pdo
f tew.,.Aop Sa�nt jpc�,hm,
MIN
000
BY-LAW NUMBER C.P. 106 -XX
A LAW TO AMEND THE
MUNICIPAL PLAN BY-LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
ARRkTE N° C.P. 106 -XX
ARRL'TE MODIFIANT L'ARRkA
RELATIF AU PLAN MUNICIPAL
Le conseil communal de The City
of Saint John, etant reuni, edicte cc qui
suit :
The Municipal Plan By-law of The L'Arr&6 concemant le plan
City of Saint John enacted on the 30th day municipal de The City of Saint John, edicte
of January, A.D. 2012 is amended by: le 30 janvier 2012, est ainsi modific :
1) Deleting a portion of Section 7.8
Energy Efficiency and replacing it
with the following:
"Policy NE -38
Explore and encourage the
development and use of alternative
energy sources, such as solar,
wind, geothermal, biomass, and
energy recovery. These
developments shall occur in the
appropriate Green Energy zone,
and will be accommodated in Rural
Resource and Parks and Natural
Areas "
2) Deleting a portion of Section 2.4
The Rural Areas and replacing it
with the following:
"Lands outside the Primary
Development Area are generally
described as Rural Areas and are
not provided with municipal water
and wastewater services. The Rural
Areas will support limited growth
and development which will be
carefully controlled through
Municipal Plan policy in order to
encourage most development to
take place within the Primary
Development Arca. Rural Areas
include three sub -categories
described as Rural Resource Areas.
Rural Resource Areas are
primarily undeveloped lands with
the potential for rural resource
activity such as pits and quarries,
forestry uses, and alternative
energy development, such as wind
and solar. New resource uses may
be permitted in Rural Resource
Areas provided the proposal meets
the criteria outlined in the Land
Use Chapter of the Municipal Plan,
and relevant provisions of the
Zoning Bylaw."
1919191
1) Le Plan municipal est modific par
suppression, a la section 7.8
Efficacite energetique, de la
politique NE -38 et son
remplacement par cc qui suit
<< Politiquc NE -38
Etudier et encourager le
developpement et l'utilisation de
sources d'dnergie de remplacement
telles que I'energie solaire,
colienne, gcothermique, de
biomasse, et la recuperation
d'dnergie. Ccs amcnagements
auront lieu dans les zones d'dnergie
verte qui convienncnt et scront
accueillis dans les secteurs de
ressources rurales et les pares et
aires naturelles. »
2) Le Plan municipal cst modific par
suppression d'une partie de la
section 2.4 Secteurs ruraux et son
remplacement par cc qui suit:
u Les terrains situcs hors du
principal secteur de dcvcloppement
sont gcncralement considcrbs
comme des secteurs ruraux et ne
repoivent pas les services
municipaux d'alimentation en eau
et d'dvacuation des eaux usccs. Les
secteurs ruraux aecucillcront une
croissance et un dcvcloppement
limitcs, qui scront soigneusement
contr6les grace a des politiques du
plan municipal qui encourageront
la majeure partic du
developpement a se diriger vers le
principal secteur de
dcvcloppement. Les secteurs
ruraux comprennent trois sous -
categories appcices secteurs de
ressources rurales.
Les secteurs de ressources
rurales sont surtout des terrains
non amenages qui peuvent se preter
3) Deleting a portion of Section 2.5
Lands Common to the Primary
Development Area and the Rural
Areas and replacing it with the
following:
"The Parks and Natural Areas and
the Federal Transportation
categories apply to lands within the
PDA and to the Rural Areas.
Parks and Natural Areas are
currently in a primarily natural
state or would benefit from re -
naturalization and are not
appropriate locations for
development. Park and Natural
Areas include wooded lands, lake
shores, rivers, coastlines, and
important geology and habitat.
Through specific policies in
Chapters 3 and 7, such as the
provision of wildlife corridors,
protection of environmentally
scnsitive(significant areas, and
guidelines for watersheds, riparian,
coastal and estuarine areas, the
lands are intended to form a system
of natural areas to conserve
ecosystems. Due to the large
provision of Park and Natural
Areas in largely inaccessible areas
of the city, Green Energy
Developments, as defined within
the City's Zoning By-law, are
appropriate, subject to required
provincial and federal approvals."
4) Deleting a portion of Section 3.6.1.
Rural Resource Area and replacing
it with the following:
"The majority of lands within the
City's Rural Areas are located in
the Rural Resource Area
designation. These lands are
intended to facilitate resource
related activities, where
appropriate, such as forestry
operations, wind and solar energy
development, agriculture, fisheries,
and extraction activities, including
pits and quarries. Limited
residential and other land uses may
be contemplated."
Policy LU -95
Create the Rural Resource Area
designation on the Future Land
Use map (Schedule B). Council
191911
A une exploitation de ressources
rurales comme les carridres et
ballasti6res, les utilisation
foresti6res et le d6veloppement des
Energies de remplacement, teller
que 1'energie eolienne et solaire.
De nouvelles utilisations lides a
1'exploitation de ressources
peuvent Etre autoris6es dans les
secteurs de ressources rurales,
pourvu que la proposition
satisfasse aux crit6res formul6s
dans le chapitre sur ]'utilisation des
sols du plan municipal et les
dispositions pertinentes de I'arrete
de zonage.
3) Le Plan municipal est modific par
suppression d'une partie de la
section 2.5 Terrains eommuns au
principal secteur de d6veloppement
ct aux secteurs ruraux et son
remplacement par cc qui suit
« Les cat6gories des pares et aires
naturelles et des secteurs do
transport f6d6ral s'appliquent aux
terrains dans le principal secteur de
d6veloppement aussi bien qu'a
ceux des secteurs ruraux.
Les pares et aires naturelles cont
actuellement dans un Etat
essentiellement naturcl ou
beneficieraient d'une
renaturalisation ct ne sont pas des
endroits propices au
d6veloppement. Les pares et aires
naturelles comprenncnt des terrains
boisds, des rives de Lacs, des
rivi6res, des c6tcs ainsi que des
sites g6ologiques et des habitats
importants. Grace a des politiques
particulidres 6nonc6cs aux
chapitres 3 et 7, notammcnt
I'amenagement de corridors
fauniques, la protection do secteurs
6cosensibles ou dcologiquement
importants ct des directives
eonccmant les bassins
hydrographiques et les zones
riveraines, c6ti6res et estuariennes,
it est pr6vu que ces terrains
formeront un syst&me d'aires
naturelles afin de conserver les
6cosystdmcs. En raison de la
grande quantitd de parts et aires
naturelles dans des secteurs de la
municipalit6 qui sont, en grande
panic, inaccessibles, les
amenagements d'6nergie verte, au
sens de cc terme d6fini dans
intends that land within the Rural
Resource Area designation shall
generally remain in their natural
state, or subject to regulation and
required approvals, be used for
appropriate resource uses,
including forestry operations, wind
and solar energy development,
agriculture uses, including
livestock operations and the
fishery, and extraction activities,
including pits and quarries.
Provide that wind and solar energy
developments may be located in
the Rural Resource Area
designation provided that the land
is rezoned to the Green Energy
Zone. The Green Energy Zone
defines the specific performance
standards for their operation, and
the rehabilitation of operative and
inoperative wind and solar energy
developments. In considering
applications to rezone a property to
the Green Energy Zone, Council
shall ensure the proposed use can
demonstrate compliance with all of
the zone provisions, including:
a) The proposal is in conformity
with the goals, policies and
intent of the Municipal Plan
and the requirements of all
City bylaws;
b) Compatibility with and/or
minimal impact on existing
adjacent land uses;
c) Submission of measures to
mitigate storm water drainage,
noise, and other impacts.
d) Where appropriate, the
provision of visual screening
for solar energy developments;
e) Measures to ensure
decommissioning and
rehabilitation of the site;
f) All application policies from
Section I-2
I'arretd de zonage de la
municipalite, seront permis, sous
reserve des approbations
provinciales et federales requises. »
4) Le Plan municipal est modific par
suppression d'une pantie de la sous -
section 3.6.1 Seeteur de ressources
rurales et son remplacement par cc
qui suit:
u La plupart des terrains dans les
secteurs ruraux de la municipalite
se trouvent A des endroits designes
comme secteurs de ressources
rurales. Leur raison d'etre est de
faciliter, aux endroits appropries,
les activites liees aux ressources,
par exemple les operations
foresticres, les pares eoliens et
solaires, l'agricultire, la peche et
les activites d'extraction, y compris
les carricres et les ballasticres. Des
utilisations residentielles limitees et
d'autres utilisations des sols
pourront etre envisagees. »
Politique LU -95
Etablir la designation de secteur do
ressources rurales sur la carte
d'utilisation future des sols
(annexe B). L'intention du conseil
est que les terrains ayant la
designation de secteur de
ressources rurales demcurent
gcncralement A Icur &at naturel ou
que, sous reserve des rcglements et
des approbations requises, elles
servcnt a des utilisations
approprices lives aux ressources, y
compris les operations foresticres,
les pares eoliens et solaires, des
utilisations agricoles — y compris
les fermes d'Oevage — et la pcchc,
et des activites d'extraction — y
compris les carricres ct les
ballasticres.
1919191
Prevoir que les pares eoliens et
5) Deleting a portion of Section 3.7.1.
solaires peuvent etre exploitcs dans
Parks and Natural Areas and
la designation de secteur do
replacing it with the following:
ressources rurales, pourvu que les
terrains soicnt rezones zone
"Policy LU -110
d'energie verte. La zone d'dnergie
verte prescrit Ics normes
Create the Park and Natural Areas
specifiques de rendement de leur
designation on the Future Land
exploitation et la remise en etat des
Use map (Schedule B). Council
pares eoliens et solaires exploitcs
intends that the Park and Natural
ou non. Lorsqu' it dtudie les
Areas designation will permit a
demandes visant A rezoner une
range of conservation and
propridtd en zone d'dnergie verte,
1919191
appropriate recreational land uses
permitted in the City's major
regional and community parks,
environmentally sensitive or
significant areas, lands that are
located adjacent to watercourses,
lands adjacent to the City's coast
lines, estuarine areas, significant
archaeological and geological sites,
historic sites, designated heritage
places and cemeteries. Council
may permit commercial recreation
uses in the Park and Natural Area
designation subject to appropriate
standards in the Zoning Bylaw.
Council may permit wind and solar
energy development in the Park
and Natural Areas designation
outside of the Primary
Development Area, subject to
federal and provincial
environmental approvals and
conditions and standards in the
Zoning By-law.
When reviewing an application for
re -zoning, refer back to Policy LU -
95"
19191.1
le conseil s'assurera qu'il pourra
etre ddmontrd que 1'utilisation
proposec respecte toutes les
dispositions applicables A la zone,
y compris les suivantes :
a) la proposition est conforme aux
objectify, aux politiques et a
1'intention du plan municipal
ainsi qu'aux exigences de tous
les arr6t6s municipaux;
b) la compatibilit6 avec les
utilisations actuelles des sols
adjacents et une incidence
minimalc sur cellos-ci;
c) la presentation de mesures
visant A attenuer les effets,
notamment au niveau du
drainage des caux pluviales et
du bruit;
d) la ou ils convierment, la
presence d'dcrans visuels pour
dissimuler les pares solaires;
c) Ics mesures pour assurer la
d6saffectation et la remise en
etat du site;
f) 1'ensemble des mesures de
mise en oeuvre prevues A la
politiquc I-2. »
5) Le Plan municipal est modifid par
suppression de la politiquc LU- l 10
A la sous -section 3.7.1
Designations communes
d'utilisation des sols et son
remplacement par cc qui suit
a Politique LU -1 10
Etablir la designation de pares et
aires naturelles sur la carte
d'utilisation future des sols
(annexe B). L'intention du conseil
est que la designation do pares et
aires naturelles permette diverses
utilisations des sols A des fins de
conservation et de loisirs
appropriees qui sont permises dans
les grands pares r6gionaux et
communautaires de la municipalit&,
les zones ecosensibles ou
6cologiquement importantes, les
terrains en bordure des tours d'eau,
les terres coti&res de la
municipalit6, les terrains
estuariens, les sites archdologiques
et g6ologiques importants, les lieux
Tint&& historique, les lieux du
patrimoine d6sign6s et les
cimetieres. Le conseil peut
permenre des utilisations
commerciales r6creatives dans les
- all as shown on the plans attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2019
and signed by:
secteurs designs comme pares et
aires naturellcs, sous reserve de
1'adoption de normes appropriees
dans I'arrete de zonage. Il peut
aussi permettre I'amenagement de
pares eoliens ct solaires dans les
secteurs designs comme pares et
aires naturclles qui se trouvcnt a
1'exterieur du principal secteur de
developpement, sous reserve de
l'obtention des autorisations
environnementales federales et
provinciales et de la eonformite
aux conditions et aux normes
prescrites par I'arrete de zonage.
Au moment de 1'examen d'une
demande de rezonage, se reporter a
la politique LU -95. »
- toutes les modifications sont indiquecs sur
les plans ci joints qui font partie du present
arrcte.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arretc le 2019, avec les
signatures suivantes:
Common Clerk/Greffier communal
First Reading - Premiere lecture
Second Reading - Deuxiemc lecture
Third Reading - Troisiemc lecture
K191FA
1 41
FINANCE COMMITTEE REPORT
M&C No.
2019-167
Report Date
July 08, 2019
Meeting Date
July 08, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: General Fund Debt Management Policy FAS -006
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head+Jcci
ty Manager
Kevin Fudge
Kevin Fudge
hnCollin
RECOMMENDATION
Be it resolved that:
1. Finance Committee recommends that Common Council approve the
General Fund Debt Management Policy FAS -006;
EXECUTIVE SUMMARY
It is recommended that Common Council approve the Debt Management Policy.
Debt Management Policies are best practice for fostering a fiscally responsible
City and a key instrument in the development of a robust Long Term Financial
Plan.
PREVIOUS RESOLUTION
N/A
REPORT
The City's ability to finance infrastructure depends upon operating budget
capacity, debt capacity and access to government grants. Relying on debt
capacity can affect the City's sustainability based on its ability to afford principal
and interest payments. The City must manage debt to ensure it is able to meet
its financial and service objectives.
[OU]
-2 -
Financial policies provide the "rules" that shape financial decisions. When
policies are effective they can enhance the financial health of governments. By
contrast, weak policies can create fiscal instability. Financial policies provide the
"rules" that shape financial decisions. When policies are effective they can
enhance the financial health of governments. By contrast, weak policies can
create fiscal instability. The Debt Management Policy establishes objectives,
guidelines, targets and appropriate controls for the use and issuance of debt for
the City. It is considered a best practice policy in promoting fiscal responsibility
and the broader implications of issuing debt, as well as an important governance
document to support the development of a long term financial plan.
The objectives of the Debt Management Policy is to:
1. Ensure the City obtains long term debt only when necessary, balancing
financing needs and taxpayer affordability;
2. Ensure the City manages its debt such that future financial flexibility is
maintained;
3. Ensure the City strategically obtains debt based on sound long term
financial planning and targets.
The proposed Debt Management Policy includes conditions for the issuance of
debt that will protect the City's financial health:
1. Debt is issued both prudently and cost effectively according to the Long
Term Financial Plan;
2. Debt is issued solely for the purpose of financing the projects approved in
the Capital Budget and the Capital Investment Plan (CIP);
3. Debt is not used to fund operating or maintenance costs or be used as a
tool to balance the operating budget;
4. The City shall promote a balanced debt management approach between
maintaining an affordable debt level, maintaining infrastructure and
accommodating growth;
5. Debt is structured to fairly distribute costs over time, taking into
consideration inter -generational equity.
DEBT LIMITS AND DEBT TARGETS FOR 2030
The Debt Management Policy includes debt limits prescribed by Provincial
Legislation, debt limits, and debt targets to improve the City's financial health.
The City shall only take on additional debt when existing debt is within the
following legislative and policy debt limits:
EcZi16-1
-3 -
Local Governance Act Legislative Limits
• A local government shall not, in any one year, borrow for its current
operations any money in excess of the sum represented by 4% of the budget
of that local government for that year or $15K, whichever is greater,
• A local government shall not, in anyone year, borrow for capital expenditures
any money in excess of the sum represented by 2% of the assessed value of
real property in that local government,
• The total amount of money borrowed by a local government for capital
expenditures shall not exceed 6% of the assessed value of real property in the
local government.
City General Fund Debt Management Limits and Targets
• General Fund Debt per Capita shall not exceed $1600;
• The General Fund Debt Service Ratio shall not exceed 12%;
• The City's General Fund Debt as a percentage of Operating Budget shall not
exceed 70%;
• The City's Target General Fund Debt per Capita Ratio shall be $1175 by the
year 2030;
• The City's Target General Fund Debt Service Ratio shall be 9% by the year
2030;
• The City's Target General Fund Debt as a percentage of Operating Budget is
50% by 2030;
REDUCTION OF THE CITY'S RELIANCE ON DEBT
The Debt Management Policy supports reducing the City's reliance on long term
debt to fund Capital Expenditures by promoting the gradual increase in funding
of pay-as-you-go for capital over time. As described in the policy, Pay-as-you-go
capital funding is best suited for the following reasons:
• To Fund Asset Renewal Projects;
• To Fund Assets with a Useful Life of less than 10 Years;
• Situations where additional debt could adversely impact the City's Financial
Health;
• Situations where market conditions favour the use of cash rather than debt
(for example, escalating interest rates)
The Policy will also allow the City Treasurer to utilize reserve funds as a source of
funds for the internal financing of capital projects (rather than new debt).
Effective cash management can be a strong tool in reducing long term debt.
19lito]
-4 -
CONCLUSION
The Debt Management Policy is the 6t" Financial Policy recommended by the
Finance Committee. The Suite of Financial Policies will serve as pillars to
improving the City's long term fiscal health. The Long Term Financial Plan debt
covenants and targets overarching goal is to manage existing and future debt
levels to minimize the impact of debt servicing costs on taxpayers and to create a
balance between the use of debt and a pay-as-you-go approach. The Policy
incorporates debt limits to ensure that debt obligations will not threaten the
long-term financial stability of the City and place undue financial burden on
taxpayers.
SERVICE AND FINANCIAL OUTCOMES
This report and recommendation are in alignment with best practices and will
support future strong fiscal management.
Chc k here to enter text,
ATTACHMENTS: FAS 006 Debt Management Policy
311
Q"). -
SAINT JOHN
Title: Debt Management
Subject: General Fund Debt Management Policy
Category: Finance and Administrative Services
Policy No.: FAS -006
M&C Report No.:
Effective Date:
Next Review Date:
Area(s) this policy applies to: Cross Corporate
Office Responsible for review of this Policy:
Finance and Administrative Services
Related Instruments:
Policy Sponsors:
FAS -001 Asset Management Policy
Commissioner of Finance and Administrative Services
FAS -002 Investment Management Policy
FAS -003 Reserves Policy
FAS -004 Operating Budget Policy
FAS -005 Capital Budget Policy
Document Pages:
This document consists of 7 pages.
Revision History:
Common Clerk's Annotation for Official Record
Date of Passage of Current Framework:
I certify that this Policy was adopted by Common Council as indicated
above.
Common Clerk Date
Date Created:
Common Council Approval Date:
Contact:
Finance and Administrative Services
City of Saint John
Debt Management
TABLE OF CONTENTS
1.
POLICY STATEMENT...................................................................................................... 3
2.
DEFINITIONS...................................................................................................................3
3.
ACCEPTABLE PURPOSES FOR DEBT
............................................................................... 4
4.
DEBT LIMITS................................................................................................................... 5
5.
DEBT ISSUANCE.............................................................................................................. 6
6.
INTERNAL BORROWING................................................................................................. 6
7.
PAY AS YOU GO.............................................................................................................. 6
8.
REPORTING.....................................................................................................................7
9.
RESPONSIBILITIES..........................................................................................................7
0
313
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City of Saint John
Debt Management
SAINTJOH
1. POLICY STATEMENT
1.1. The Debt Management Policy does not apply to Saint John Water;
1.2. The Debt Management Policy is established to ensure that all debt is issued
prudently and cost effectively in accordance with the Long Term Financial Plan;
1.3. The Debt Management policy objectives are as follows:
• The City obtains debt financing only when necessary;
• The City manages debt such that future financial flexibility is maintained;
• The City strategically issues debt based on sound financial planning.
1.4. The Capital Investment Plan (CIP) is essential to intelligent planning of debt
issuance by prioritizing potential capital investment and potential sources of
financing.
1.5. All City debt issuance and management procedures will comply with the following
legislation where applicable:
• Province of New Brunswick Local Governance Act
• Province of New Brunswick Municipal Capital Borrowing Act
• Province of New Brunswick Municipal Debentures Act
• Province of New Brunswick Control of Municipalities Act
• Province of New Brunswick Financial Corporation Act
2. DEFINITIONS
Sustainability — means meeting the needs of the present without compromising
the ability of future generations to meet their own needs.
Long Term Debt — means financing with a term over 10-30 years with municipal
bonds through the Municipal Finance Corporation or capital leasing as defined by
the Public Sector Accounting Standards.
Inter -Generational Equity — means distributing the costs associated with capital
investments across the generations which will be enjoying the benefits of the
capital assets built today.
Debt Term — the period of time during which debt payments are made. At the end
of the debt term, the loan is paid in full.
Internal Financing — means financing for capital purchases from reserve funds as
permitted in FAS -003 Reserves Policy.
314
3
City of Saint John
Debt Management
0
Pay -As -You Go Financing — means the use of operating funds for capital purchases
as opposed to using debt or reserves.
3. ACCEPTABLE CONDITIONS FOR USE OF DEBT
3.1. The City will issue long-term debt solely for the purpose of financing the projects
approved in the Capital Budget and the Capital Investment Plan (CIP);
3.2. Long term debt shall not be used to fund operating or maintenance costs or used
as a tool to balance the operating budget;
3.3. The Long Term Debt amortization period shall not exceed the life of the asset it is
financing;
3.4. The City shall promote a balanced approach between maintaining an affordable
debt level, maintaining infrastructure and accommodating growth by:
• Utilizing this Policy in conjunction with the Asset Management Plan, FAS -
005 Capital Budget Policy, FAS -004 Operating Budget Policy and FAS -003
Reserves Policy.
• Integrating debt issuance with the Capital Budgeting process to determine
the necessity, priority, and viability of the capital project.
• Considering the Long Term Financial Plan, and analyzing the tolerance or
capacity to absorb and manage new debt given future priorities.
3.5. Debt will be structured to fairly distribute the costs over time, taking into
consideration inter -generational equity.
3.6. The City may also issue debt on behalf of an Agency, Board or Commissions (ABC)
under its control pursuant to Generally Accepted Accounting Principles to further
the public purposes of the City. The City shall take appropriate steps to confirm
the financial feasibility of the project, the financial solvency of the ABC, and that
the issuance of such debt is consistent with the policies set forth herein;
3.7. This Policy does not apply for the use of Short Term debt instruments.
315
4
City of Saint John
Debt Management
SAINTJOH
4. DEBT LIMITS AND DEBT CAPACITY
4.1. The New Brunswick Local Governance Act stipulates that:
• A local government shall not, in any one year, borrow for its current operations any
money in excess of the sum represented by 4% of the budget of that local
government for that year or $15K, whichever is greater.
• A local government shall not, in any one year, borrow for capital expenditures any
money in excess of the sum represented by 2% of the assessed value of real property
in that local government.
• The total amount of money borrowed by a local government for capital expenditures
shall not exceed 6% of the assessed value of real property in the local government.
4.2. The City's capacity to issue debt is directly related to Taxpayer's ability to service the
payments required on the debt. Three key performance indicators will be benchmarked
and measured and the following debt limits shall be applicable:
• Debt per Capita: This measurement can provide elected officials with a trend of
overall debt outstanding by measuring how much debt the City has per citizen.
General Fund Debt per Capita shall not exceed $1600;
• Debt Service Ratio: This measurement allows elected officials to be aware of the
amount of the current year's annual operating budget which is devoted to servicing
debt. The General Fund Debt Service Ratio shall not exceed 12%.-
Total
2%;
Total Debt Outstanding as a Percentage of Operating Budget: This measurement
identifies the percentage of annual operating revenues that would be required to
extinguish the City's outstanding debt. The General Fund Total Debt Outstanding as
a Percentage of Operating Budget shall not exceed 70%;
4.3. Additional debt is only permissible when existing debt is within these limits, the limits will
be reviewed and updated on an annual basis;
4.4. The City's General Fund target Debt Per Capita is $1175 by 2030, the City's Debt Service
Ratio Target is 9% by the year 2030 and the City's General Fund Target Debt Outstanding
as a Percentage of Operating Budget is 50% by 2030.
4.5. Long Term Debt Term shall be in accordance with the Debt Management Plan.
316
5
City of Saint John
Debt Management
SAINTJOH
S. DEBT ISSUANCE
5.1. A resolution of Council is required for all new debt issues.
5.2. The debt issuance process generally follows the steps below:
• Notice of motion: Council gives notice of intent to borrow after 30 days
from the day of Council resolution;
• After expiration of 30 days, Council authorizes staff to issue and sell to the
New Brunswick Municipal Finance Corporation debentures at such terms
and conditions recommended by the Corporation;
• Application form filled out and submitted to the New Brunswick Municipal
Finance Corporation;
• New Brunswick Municipal Finance Corporation advises the City of the actual
bond issue; and
• Staff reports back to Council regarding terms of the issue, coupon rate,
price, average yield and settlement date.
5.3. Debt is structured to fairly distribute the costs over time, taking into consideration
intergenerational equity;
6. INTERNAL FINANCING
6.1. The City may use reserves as a source of funds for the internal financing of capital
projects as approved by Council. Any borrowing from reserve funds shall comply
with Policy FAS -003 Reserves Policy.
7. PAY-AS-YOU-GO FINANCING
7.1. The City will seek to gradually increase pay-as-you-go as an option for financing
capital over time. Factors which favor pay -go financing include:
• Asset Renewal Projects;
• Assets with a useful life that is less than 10 years — for example, IT
equipment and road maintenance;
• Situations where additional debt could adversely impact the City's financial
health;
• Situations where market conditions favour the use of cash rather than debt
(for example, escalating interest rates)
317
6
City of Saint John
Debt Management
SAINTJOH
8. REPORTING
8.1. The total debt outstanding, and total annual debt service payments will be
reported in the annual consolidated financial Statements;
8.2. Key performance indicators for debt will be measured and tracked in the City's
Annual Financial Health Report Card;
8.3. Long-term debt will be forecasted over the long term in a Debt Management Plan
based on the Capital Investment Plan as part of the City's Long -Term Financial
Plan.
9. ROLES AND RESPONSIBILTIES
9.1 Council shall:
9.1.1 Approve the Debt Management Policy;
9.1.2 Approve new debt issues; and
9.1.3 Approve budgets sufficient to provide for the timely payment of principal
and interest on all debt.
9.2 Finance Committee shall:
9.2.1 Review borrowing requirements for alignment with the Long Term Financial
Plan; and
9.2.2 Recommend to Council the approval of new debt issues.
9.3 The Finance Commissioner shall:
9.3.1 Review the policy annually in consideration to meeting the City's debt
management goals and submit required changes to the Finance Committee
for recommendation to Common Council consideration and approval.
9.3.2 Assume primary responsibility for the debt management process;
9.3.3 Determine the City's available debt capacity and alignment with Long Term
Financial Plan;
9.3.4 Provide for the issuance of debt at appropriate intervals and in reasonable
amounts as required to fund approved capital expenditures;
9.3.5 Submit to Finance Committee and Council, all recommendations to issue
debt; and
9.3.6 Ensure compliance with the principles and mandatory requirements
contained in this policy.
318
July 81h , 2019
319
G"ll �L�I�I
Ci I'll" y o f S a iIIrm J o II Ilan D e IIb
$241M
$209M $207M
$231M
20.1.5 20.1.6 2017 20.1.8
IIIIIIIII G e in e it s in d 0 Sahnt JoIan in Water iSaire tJoIan ire Firainslt
rkhng Coirnir6ssloin IIIIIIIIIII Otheir
320
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C i I: o. i Ilam.: J o IIS Ilam D e II I:
$40M
Increase
2015.. 2016..
111111111 Sahnt J Ian irn Water
321
2017
2018..
9AIhu'I' 7Q3HN
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
Reserves Saved
Reserve
El Reserve ® Interest Saved
322
Interest Saved
9AIhu'I' 7Q3HN
Sa li int J o Ian in
it Il Government
: irovhnce of IIS II':i
$0
$5,000
Deb I'll" IIp e Ilr C a IIp i ta
$10,000
�111111111 Debt Iper Capta
323
$15,000 $20,000 $25,000
$125,000,000
$120,000,000
$115,000,000
$110,000,000
$105,000,000
$100,000,000
$95,000,000
General Fund Debt Balance
2012 2013 2014 2015 2016 2017 2018
324
t
06,551,000
9AIhu'I' 7Q3HN
Reduce , Balance
! , over 10 Years ! ,
Debt.....Management.....Poli.cy.............................................................
..........................................................................................................................................................................................................................................................�
325
Active Managementto
reduce
Must consider Reserve
Strategy, r • f f
Strategy • •Infrastructure
Deficit • •
Illi.......................................................................................................................................................................................................................................................................
Capital Budget Policy
Operating & Capital Reserves Policy
......................................................................................................................................................................................................................................................................................................
9AIhu'I' 7Q3HN
Debt Management Policy: Why it is needed
Saint John Water
Objectives of Debt Management Policy
Acceptable Conditions for Use of Debt
Debt Limits in Local Government Act
Debt Policy Limits
MIIr.!Uric- Outstanding General Fund Debt Balance at Year End per Capita
$1,900
$1,800
$1,700
$1,600
$1,500
$1,400
$1,300
$1,200
$1,100
$1,000
Debt Per Capita
2014 Actual 2015 Actual 2016 Actual 2017 Actual 2018 Actual
Trend
t Positive
Trend —
decrease
in debt
per capita
Policy Cap
$1,600
Policy T rget
$1,175 by
2030
14
332
9AIhu'I' 7Q3HN
Metric: Perc[ie OperatingBudget t[mt fundsDebt
12.00%
10.00%
8.00%
6.00%
4.00%
2.00%
0.00%
Debt Service Ratio
2014 Actual 2015 Actual 2016 Actual 2017 Actual 2018 Budget 2019 Budget
Ili iirr. Ilam
y Little change
from 2018 to
2019
Doli p
12%
I)olicy Target
9% by 2030
15
333
9AIhu'I' 7Q3HN
Metric: Percentage u l Budget Requitinguis[�I
I'l-,[ie
ill V : : riii debill-,
85.00
80.00%
75.00
70.00
65.00
��iaumuuonionunuuuoumi ism„m�
�Nl�ll�i
60.00o
16
Total Debt/Budget Ratio
Trend
t Positive
Trend —
decrease
Debt/Budget
Ratio
2014 2015 2016 2017 2018
M Total Debt/Budget Ratio
334
i oli p
70%
I)olicy Target
50% by 2030
9AIhu'I' 7Q3HN
What do we need to do to Accomplish this
Recommendation
19
337
9AIhu'I' 7Q3HN
1 41
COUNCIL REPORT
M&C No.
M&C 2019-166
Report Date
July 03, 2019
Meeting Date
July 08, 2019
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2019-2020 Arena Rental Fees and Ice Allocation Policy
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tim O'Reilly
Michael Hugenholtz
John Collin
RECOMMENDATIONS
Your City Manager recommends Common Council:
1) Endorse the changes proposed in M&C 2019 - 166 to how the City charges
fees for rental of ice at the four City -operated arenas,
2) Endorse a continued investment of additional City taxpayer contribution to
reduce the cost of youth access to ice at the City's four City -operated arenas,
3) Approve the arena hourly rental rates at the four City -operated arenas for
one year starting October 11, 2019 as proposed in M&C 2019- 166, and
4) Approve the updated City of Saint John Ice Allocation Policy as attached to
M&C 2019 - 166.
PREVIOUS RESOLUTIONS
Common Council approves the hourly rental rates charged at the City's four City -
operated arenas.
On June 17, 2019 Common Council approved a Non -Resident User of $200.00 +
HST for the 2019-2020 season and $350.00 + HST for the 2020-2021 season.
REPORT
City of Saint John Operating Budget Policy
The City adopted an Operating Budget Policy in 2018, which includes direction
on how user fees should be set. The policy describes that fees should be set
relative to the cost to deliver the service. The policy also describes that fees that
recover only a portion of full cost recovery may be justified where public benefit
Kit1:3
is demonstrated above the benefits received by individual(s) who made use of
the facility or service.
Public Benefit of Arenas
Arenas, as in the case of various recreation services and facilities, provide many
benefits to the broader community. Reductions in social and health care
burdens, fostering youth leaders, stimulating the economy through positively
influencing where citizens choose to live, and supporting sports tourism are a
few examples why Saint John and many other communities choose to invest
taxpayer funds to build, operate, maintain, and replace arenas and other
recreation facilities. Arena fees approved by Council have traditionally been
below full cost recovery and annual operating and capital budgets have included
City taxpayer investment in recreation facilities based on provision of these
public benefits.
User Types
Staff are defining various types of users of City arenas in the following table. The
purpose is to assist in clarifying if different cost recovery targets and arena rental
rates are justified based on differences in level of public benefit received
between these types.
User Type
Description
Youth
Associations that offer service for a majority of
Recreational
participants that are 18 years old or younger, do not
regulate membership, are non-profit, are guided by
constitutions and by-laws, have auditable financial
statements, are affiliated with a Sport Governing Body,
have an elected board of directors, and provide
consistent programming of at least 20 weeks annually.
Youth tournaments and schools that are part of the
Anglophone or Francophone School Districts are also
included in this category.
Youth General
Associations that offer service for a majority of
participants that are 18 years old or younger that do not
fit into the "Youth Recreational" category. Organizations
in this category include those that provide enhanced skill
development training, with sometimes rotating short-
term participants, where seeking Recreation Cards from
such participants would not be practical.
Adults
Offer service for those who have a majority of
participants between 19 and 64 years of age.
Seniors
Offer service for those who have a majority of
participants 65 years of age or older.
[ticle.]
-3 -
Historic Cost Recovery
To provide some context for Council, the figure below shows the approximate
current cost recovery percentages for these different User Types:
�.-a., ..
a-r�1�r�e�x.�:��rr• ►��r���{cs�rjrn���rs�r+�rr• � � �. �xnr�r:�
MW Saint John Taxpayers* M Arena Users
*PLUS, 100% of Capital Costs.
The Youth Recreational user type have a lower recovery percentage, because
associations in this category have benefited from the Youth Ice Sports Subsidy.
The Seniors user type have a lower recovery percentage, because associations in
this category have benefited from a lower hourly day time rate and because one
of the two senior organizations has historically donated funds in lieu of paying
revenues to the City to offset arena costs.
Data in this figure and the other two similar ones in this report made use of an
assumed normalized operating budget, such as the removal of costs allocated to
uses other than ice such as lacrosse.
Cost Recovery from Non -Residents
As shown in the preceding figure, City taxpayer subsidization provides most of
the remaining funding as the fees have traditionally not fully covered costs.
As reported previously, non-residents account for approximately 1/3 of the use
of City arenas. The City's continued efforts toward a regional approach to arena
management is aiming to avoid having City taxpayers shoulder the cost of this
19M
-4 -
non -resident use while remaining receptive to investing in other arenas in the
region where City residents enjoy use of those facilities.
At their June 17, 2019 meeting, Common Council approved implementation of a
Recreation Card & Non -Resident User Fee Program, while remaining open to a
regionally collaborative solution. Either outcome aims to align City taxpayer
investment with City use of arenas and allows arena rates to continue to be set
below full cost recovery.
Updating Arena Rental Rates
City staff are recommending in this report updated arena rental rates and new
user type categories. Several factors contributed to staff's final
recommendations, including:
• Contributing to the City's Financial Sustainability,
• Accounting for the City's general 3% annual escalation in costs,
• Being guided by the approved City Operating Budget Policy,
• Feedback received by Ice Associations,
• Transparency and Equality,
• Efforts to Simplify the City's Rate Structure,
• Supply and Demand,
• Competition, and
• Avoiding, at this time, user fee contributions to capital costs related to
arena upgrades or replacement.
The next several sections of this report detail some of these factors.
Contributing to the City's Financial Sustainability
The City is facing financial challenges. City staff's recommended arena rates for
2019-2020 were partly guided by the goal of reducing the operating cost deficit
that is shouldered by City taxpayers.
Reflecting the City's Annual Cost Escalation
The City's costs to provide services generally increase approximately 3%
annually. As a minimum, all rental rates should increase by at least 3%
accordingly.
Feedback from Ice Assocations
City staff has engaged the various Ice Associations that use City arenas. While
appreciating the need for the City to review its arena rates, these stakeholders
have asked staff to consider phasing -in any new or increased fees.
KMII
-5 -
Proposed Replacement of Youth Ice Sports Subsidy with New Youth
Recreational Rate
Since approximately 2003, the City has had in place a Youth Ice Sports Subsidy
that defined a set amount of funding that would be distributed among the
associations based on number of Saint John residents in each association, up to a
cap of 50% of their invoice. Each association's share of the subsidy is deducted
from their invoice. For 2019, this subsidy was approximately $168,000.00
($173,000.00 less approximately $5,000.00 to traditionally offset high school
hockey at the LBR). Youth associations that received a share of the subsidy in
the 2018-2019 paid an "effective" hourly rate, on average, of $111.11/ hour +
HST. One of the reasons for the subsidy was to better control the amount of
additional youth subsidization over a previous system that provided lower youth
hourly rates. At the time, the City did not control the amount of ice booked by
these youth associations and, therefore, could not control the potential for lost
revenue by otherwise booking ice to adults at a higher rental rate. Several issues
and opportunities have presented themselves in the subsequent 15+ years:
• With a plan to reduce City taxpayer subsidization of non-resident use of
City arenas (either through a cooperative solution or otherwise), the
need to provide an additional subsidy based on residency is redundant,
• The City does not have any control over ensuring the Subsidy is directed
to City residents as intended,
• The "effective" hourly rate that each association pays can be very
different based on the residency rate and 50% cap provision,
• Ice Associations do not know their final cost for the season until they
become aware of their share of the Subsidy part way through the
season,
• The true youth investment level provided by the City can be lost by not
communicating this through the hourly rate structure, and
• The City now has an Ice Allocation Policy (since 2013) that can manage
the amount of ice provided to youth and other user types, thereby
controlling revenue opportunities.
City staff are proposing a new Youth Recreational Prime Time hourly rate be
approved that replaces the Youth Ice Sports Subsidy. This same rate would also
be used in the place of previous "Schoolboy", "Birthday Party" and "Youth
Tournament" rates to create equity and simplify the City's rate structure. The
recommended new rate accounts for both the additional level of subsidization
provided via the Subsidy and future cost recovery percentage targets relative to
this user category.
City staff propose to eliminate the approximately $5000.00 provided to offset
high school hockey at the Lord Beaverbrook Rink. The Board of the LBR can
choose to offer Youth rates if it wishes.
19M%,
-6 -
Common Council would need to resolve to maintain an enhanced level of
taxpayer subsidization of youth ice sports, whether that be through maintaining
the current Youth Ice Sports Subsidy or through rolling that investment into a
reduced revenue budget resulting from a new lower "Youth Recreational" rate.
Elimination of Senior Rate
City staff suggest no rates should be lower than rates available to our youth. City
staff recommend elimination of a Senior's rate that was lower than rates
available to youth. Users from this category can still take advantage of the lower
Pre Prime rate (that overlaps when the current Seniors rate is applicable) that is
available to any group.
Rate Arrangements to be Approved by Council
Over many years, if not decades, different arrangements have been put in place
with specific groups renting ice from the City that has decreased rental revenues
and increased taxpayer subsidization by at least $25,000.00 annually. City staff
are not aware in most of these cases where Common Council has specifically
approved these arrangements. For that reason, staff intend to end these
arrangements and they would be reinstated only with confirmation of Council
approval; staff would detail the business case in such cases. As it stands, staff is
aware of one agreement that remains in place and one exception is being
recommended to be maintained at least through the 2019-2020 season:
• The City's current mass May -August 2019 summer ice rental agreement,
and
• The current arrangement with Anglophone School District -South for their
free daytime class skates. Review of this arrangement will be completed
with a larger assessment of the collaboration between the City and
District on recreational facilities and functions. The "School Boy" rate, as
previously mentioned, would be incorporated into the new Youth
Recreational Prime Rate available to both schools and other Youth
Recreational user types.
Matching Rates to Demand
Ice access at some times during the week or year are in greater demand than
other times. The City's current arena rate structure responds to fluctuations in
demand to some degree by having a higher prime rate in high demand times and
various lower non -prime rates for low demand times. In the 2018-2019 season,
Council supported a reduction in one non -prime rate (weekdays, 8 AM —4 PM)
from $100.88/ hour + HST to $86.96/ hour + HST to spur demand in this
historically low -demand period. Staff recommend this lower rate be maintained
for this period of time, adjusted for 3% cost escalation.
19M191
-7 -
Demand during periods such as March Break, Christmas Break, and statutory
holidays can be greater, yet the City has not charged prime time rates for these
periods. Labour costs are greater on statutory holidays. Staff are recommending
prime time rates be charged for these periods of time.
HST in Advertised Hourly Rates
It is unclear why, but both the City of Saint John and other arenas in the region
publicize arena rental rates inclusive of HST. These taxes are not revenues that
the City uses to offset cost of service delivery, so including HST in advertised
rates does not accurately reflect cost -recovery. Changes in HST policy can also
impact the City's revenue projections when rates approved that are inclusive of
HST are not adjusted; such was the case in 2016 when the HST was raised from
13% to 15%. Staff are recommending Council approve future rates that are
exclusive of HST.
Regional and Atlantic Canada Rate Comparison
Presented in the table immediately below are prime rates and some youth rates
charged in different communities compared to the rates Saint John charged at its
four City -operated arenas in the 2018-2019 season to allow staff and Council to
understand how changes to Saint John's rates compare. Staff are also showing
in a second table how Saint John's Prime Rate compares to rates in other parts of
Atlantic Canada.
Arena
Saint
LBR
Rothesay
Quispamsis
QPIex
River Valley
Rothesay
John
John
Arena
Memorial
Community
Netherwood
$252.17******
$188.00
$191.30*******
$200.00*
$180.00***
Centre
School
Prime
$179.96
$191.30
$152.17
$165.22
$187.82
$170.43
$165.22
Rate
Youth
$111.11
**
$108.70
$113.04
N/A
$117.39
N/A
Rate
* "Effective" average hourly rate paid by youth associations after dispursement of Youth Ice
Sports Subsidy
** City of Saint John Youth Ice Sports Subsidy provides 50% of cost to rent the LBR by high school
hockey teams on Wednesday evening games.
*** All rates shown are from 2018-2019, except QPlex that is current, and are exclusive of HST
Location
Saint
Moncton
Fredericton
Charlotte -town
Halifax
Bathurst
John
Prime Rate
$179.96
$252.17******
$188.00
$191.30*******
$200.00*
$180.00***
$276.52*****
$136.53********
$240.00**
$190.00****
All rates shown are from 2018-2019 and are exclusive of HST unless otherwise noted
*LeBrun Centre
**BMO Centre and RBC Centre
***KC Irving Centre- Prime time
**** KC Irving Centre Gentlemen's Hockey
*****Avenir Centre, 2019-2020 rates
******2019-2020 Superior Propane Centre, Kay Arena
******* East Link Centre Charlottetown
******** North Star Arena
Investment in Arena Improvements or Replacements
As previously discussed with Council, the City's four City -operated arenas are
reaching the end of their useful life, with decisions required in the near future on
the City's long term arena supply plan. It is currently estimated the four City -
operated arenas and the LBR have a combined infrastructure deficit of $9
million. PlaySJ recommends investigating replacing the aging civic arenas with
multiplex options. A condition assessment of the LBR was completed in 2018
with an assessment of the four City -operated arenas planned for 2019; data
from this work will assist in clarifying future investment decisions. A confirmed
regional approach to managing the City's arenas, and potentially arenas in
neighbouring communities, will impact the City's long-term arena supply plan.
The City's Long Term Financial Plan, when completed, would be a very important
factor in deciding on the future arena plan. Given the work required before a
future arena plan can be finalized and given the request from Ice Associations for
a phased -in approach to arena fee increases, staff are recommending arena
rates for 2019-2020 not include a Capital cost recovery component.
2019-2020 Recommended Rates
The following table includes the hourly arena rental rates that City staff are
recommending Common Council approve for its four City -operated arenas
starting October 11, 2019. The 2018-2019 rates are also shown to the left to
compare the rate categories and proposed change in rates.
Categories
Approved
2018-2019
Hourly Rate
Recommended
2019-2020
Hourly Rate
Early Morning
$76.56
$79.00
Pre Prime
$86.96
$90.00
Prime Time
-Youth
Recreational
-Youth
Tournament
-School Hockey
*$84.77
$115.00
**$90.48
Prime Time
$179.96
$186.0
Post Prime
$148.15
$153.0
Seniors
$52.70
****N/A
*Previous Youth Tournament rate
**Previous School/Birthday
***Previous Effective Average Rate with Youth Ice Sports Subsidy
****Seniors rate is proposed to be eliminated. Previous rate was applicable Monday — Friday, 8
AM - 4 PM. Seniors can use Pre Prime Rate for same period of time.
• All rates shown are exclusive of HST
• Early Morning applicable Monday— Friday until 8 AM
19M lei
-9-
• Pre Prime applicable Monday — Friday, 8 AM - 4 PM
• Prime Time applicable Monday— Friday starting at 4 PM, and all day
Saturdays, Sundays, Christmas Break, March Break, Statutory Holidays
until 10 PM
• Post Prime applicable every day starting at 10 PM
The following table is very similar to a previous table presented in this report.
However, this table shows the proposed City of Saint John 2019-2020 general
Prime Rate and Prime Rate available for organizations in the "Youth
Recreational" category in comparison to other arena rates in the region. The
other rates shown are from the 2018-2019 season; to be conservative, staff did
not make any assumptions on changes in hourly rates for the upcoming season
at these other regional arenas.
Arena
Saint
LBR
Rothesay
Quispamsis
QPlex
River Valley
Rothesay
John
Arena
Memorial
Community
Netherwood
Centre
School
Prime
$186.00
$191.30
$152.17
$165.22
$187.82
$170.43
$165.22
Rate
Youth
$115.00
**
$108.70
$113.04
N/A
$117.39
N/A
Rate
*City of Saint John rates shown are proposed for the 2019-2020 season. All other comparative
rates are from 2018-2019 season, except QPlex is current rates. All rates are exclusive of HST.
**LBR Board may choose to charge a lower youth rate in lieu of the City offsetting some fees
through the Youth Ice Sports Subsidy
Updating the City's Ice Allocation Policy
City staff have proposed changes to the City's Ice Allocation Policy. The revised
policy is attached to this report. The more significant proposed changes to the
policy are highlighted as follows:
• Aligning youth ice allocation benchmarks with recent performance.
These changes allow youth organizations similar priority access to ice as
in recent years, but lowers a benchmark that was never reached. This
places better controls on maintaining revenue opportunities with the
elimination of the Youth Ice Sports Subsidy,
• Stricter cancellation rule. The current policy allows ice renters to cancel
ice bookings up to 5 days in advance without penalty. This was changed
from 3 days the year previous, which resulted in fewer cancellations. The
proposed policy does not allow "mass renters" to cancel ice after the end
of September. This recommendation was proposed by Ice Associations.
Cancellations account for approximately $30,000.00 in lost revenues
annually.
• Unpaid Non -Resident User Fees and penalty to Ice Associations.
Associations that knowingly allow players that are non-residents to
participate in seasonal ice without purchasing a recreation card will be
fined $300.00 for each participant upon discovery after the end of
January. The fine will go on the seasonal ice invoice. In the event that the
19M 1.1
-10 -
non -compliant player purchases a recreation card, the fine will be
reduced to $100.00. Staff intend to notify associations in December
when instances are discovered to provide time for non-residents to
purchase a card or the associations to take correction action before the
end of January.
• Introduction of further policies related to the Recreation Card Program.
(Note: further policy changes may be recommended in the coming
months).
• Requirement that youth organizations have insurance that includes Limit
and Conditional Coverage for Physical and Sexual Abuse.
STRATEGIC ALIGNMENT
This report aligns with Common Council's priorities of investing in recreation,
Financial Sustainability, and Continuous Improvement.
This report aligns with the City's Sustainability Plans and approved Operating
Budget Policy.
SERVICE AND FINANCIAL OUTCOMES
An approximate $92,000.00 increase in net revenues over 2018-2019 revenues
would be expected if Council supports the 2019-2020 rates and rate
management changes recommended by staff in this report. This projection
assumes no change in demand; some related policies are expected to cause a
decrease in demand whereas others are expected to cause an increase in
demand. $30,000.00 of this net increase is attributable to preventing cancelled
bookings.
The recommended 2020 General Fund Revenue budgets for the four arenas
would actually decrease by a combined $116,000.00 even though net revenues
would increase by an estimated $92,000.00. The $173,000.00 Youth Ice Sports
Subsidy is listed as a cost in the General Fund Operating Budget; this cost would
be eliminated in the 2020 operating budget, offsetting the new lower Youth
Recreational Prime Rate that would result in lower revenues. The City has
received on average $35,000.00 below budgeted revenues over the last 5 years.
The projected gross revenues from the Non -Resident User Fees communicated
at the June 17, 2019 Council meeting would reduce from $152,000.00 to
$139,000.00 as a result of not requiring Recreation Cards from those in the
Youth General category. These revised revenues would be listed on a new
budget line in the 2020 General Fund Revenue Budget, to be offset by the cost to
implement the program, budgeted in the 2020 General Fund Operating Budget.
Staff are also confirming a revised implementation cost that is expected to be
lower than the previously communicated $70,000.00, resulting in a similar net
revenue projection similar to the $82,000.00 estimate previously communicated.
19M VA
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The following two tables show the projected cost recovery percentages expected
to be achieved from each User Type in the 2019-2020 season, based on the same
assumptions as described in the previous paragraph and an assumed 3% increase
in operations & maintenance costs.
The first table is to show the direct impact on rate and rate policy changes
between the 2018-2019 and the 2019-2020 seasons. No change in recovery
percentage is expected from the Youth Recreational user type over the previous
season. However a 5%, 3% and 14% recovery increase is expected from the
Youth Instructional, Adult, and Seniors categories, respectively.
assuming no Non -Resident User Fee
YOUTH RECREATIONAL YOUTH INSTRUCTIONAL ADULTS SENIORS
mM Saint John Taxpayers* 0 Arena Users
*PLUS, 100% of Capital Costs.
The second table is to show the cumulative impacts of the rate and rate policy
changes as well as the implementation of the Non -Resident User Fee. As
consistent with the report presented at your June 17, 2019 meeting, the data in
this table assumes a 25% reduction in Non -Resident users.
Non-ResidentProjected Arena Operating Cost -Recovery Breakdown
with
YOUTH RECREATIONAL YOUTH INSTRUCTIONAL ADULTS SENIORS
MM Saint John Taxpayers* 0 Arena Users
*PLUS, 100% of Capital Costs.
EcM1E:3
-12 -
The Adult user type has a higher percentage of non-resident users than the
Youth Recrearional and Senior types, which caused a greater increase in User
cost -recovery rates when accounting for the Non -Resident User Fees. It is
anticipated users from the Youth Instructional category will not be required to
obtain a Recreation Card and therefore the cost recovery percentage does not
change.
Even with the proposed rate structure, the City would continue to invest in
recreational opportunities for citizens, particularly youth. The City continues to
support the PRO Kids service for families who need assistance in paying the cost
of their child's participation in sport and other activities.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A Task Force of City staff from Parks & Recreation, Finance, and Continuous
Improvement have contributed to this report.
Engagement with Ice Associations that use City arenas has continued, including
group meetings in November 2018, May 2019, and June 2019, in addition to
other communications. The input provided by these Ice Associations has been
imbedded throughout this report. City staff intend to continue to engage these
valuable stakeholders.
ATTACHMENT
Staff Presentation to Common Council
Updated Ice Allocation Policy for approval by Common Council
19M Loll
0
- '. - - • •liq'• •
July I
2019 ( i) "SAINT JOHN
350
Factors Impacting Staff Recommendations
USER CHARGES AND FEES
1'. The Frity wi'll seek: to batance the reed forit lce and the, abIlity to rause fees, charges,
and taxes to upparPt those services, is fee,'Witt , wsessed irefa ve to the. cost of
:, Seirvlce areas should assess, the co,st of activities supported by us,er fees on an annual
b�asls to He n tify th e, ii m pact of iInfIati o n and othe, r- co,st Increa ses,;
0
demonstrated;
0
4. eir °ii e areas should develop cost recovery oIIicle that will be used as a basis fo,r
setting, the, chairges, or fees, as well as ffie service cost: recovery goals, based on
quantitative targets �percenta e recovery targets) n Iho,w the charges, and fees will Ib.
Ie Ied and collected;
352��"'�°
SAINT JOHN
UserTypes
Ice Association Feedback
Changes in Policy
Youth Ice Sports Subsidy
New Youth Prime Rate to Replace Youth Subsidy
***$111.11
*Previous Youth Tournament rate
**Previous School/Birthday
***Previous Effective Average Rate with Youth Ice Sports Subsidy
****Seniors rate is proposed to be eliminated. Previous rate was applicable Monday— Friday, 8 AM - 4 PM. Seniors can use Pre Prime Rate for same
period of time.
All rates shown are exclusive of HST
Early Morning applicable Monday— Friday until 8 AM
Pre Prime applicable Monday — Friday, 8 AM - 4 PM
Prime Time applicable Monday— Friday starting at 4 PM, and all day Saturdays, Sundays, Christmas Break, March Break, Statutory Holidays until 10 PM
Post Prime applicable every day starting at 10 PM
358
SAINT JOHN
Cost Recovery in 2018-2019 season
12%
33%
48% 45%
CMI]
(P'l-
SAINT JOHN
New Cost Recovery with Proposed Rate and Policy
Changes and Non -Resident User Fees
37%
53%
64%
25%
Rothesay Arena
$108.70
$152.17
Quispamsis Memorial
$113.04
$165.22
Rothesay Netherwood
$165.22
Grand Bay -Westfield
$117.39
$170.43
QPlex
$187.82
Saint John's four arenas
$115.00
$186.00
Fredericton
$188.00
LBR
$191.30
Halifax
$200.00 or $240.00
Moncton
$252.17 or $276.52
ON WRITE ne
All rates exclusive of HST 362
:G..3 -
SAINT JOHN
Changes to Ice Allocation Policy
Financial Implications
Staff Recommendations
ICE TIME ALLOCATION AND
MANAGEMENT POLICY
City of Saint John
Parks and Recreation
City of Saint John
Contents
Ice Allocation Policy
1.
Authority.....................................................................................................................................3
2.
Responsibility.............................................................................................................................3
3.
Guiding Principles......................................................................................................................3
4.
Annual Review............................................................................................................................3
5.
Operational..................................................................................................................................3
6.
Rights Reserved..........................................................................................................................4
7.
Client Priority..............................................................................................................................4
8.
Gender Equity.............................................................................................................................5
9.
Residency Requirement..............................................................................................................5
10.
Standard of Play......................................................................................................................5
11.
Tournaments and Special Events............................................................................................7
12.
User Cancellations.....................................................................................................................7
13.
City Cancellations...................................................................................................................7
14.
Breach of Contract..................................................................................................................8
15.
Exclusivity..............................................................................................................................8
16.
New Users or Programs..........................................................................................................8
17.
Opening Arenas Outside of Standard Hours of Operation......................................................8
18.
Arena User Conduct & Responsibilities.................................................................................8
19.
General Administration...........................................................................................................9
20.
Administration of Fees............................................................................................................9
21.
Deadlines for Ice Time Requests and Confirmation.............................................................10
22.
Payment Terms.......................................................................................................................10
23.
Group Representation...........................................................................................................10
24.
Indemnification and Insurance Requirements.......................................................................11
25.
Arena Code of Conduct........................................................................................................
11
26.
Arena Additional Fees.....................................................................................13
2
CITY OF SAINT JOHN
ICE TIME ALLOCATION POLICY
It shall be the policy of the City of Saint John to confer upon the Parks & Recreation Department as the
authority and responsibility for implementation of the policies as outlined herein.
2. Responsibility
It shall be the policy of the City of Saint John to manage, allocate and distribute ice times for City owned
and operated arenas. Allocation of ice time shall reflect and take account of the population, registration,
utilization, and participation patterns of the community in addition to applying provincial or federal
directives as may be required.
3. Guiding Principles
It shall be the policy of the City of Saint John that the following principles are considered and referenced
in the development and updating of the Ice Allocation Policy.
Optimize Usage of Ice: The Ice Allocation Policy shall ensure the effective management of total
available ice time within the jurisdiction of the City of Saint John.
Access and Equality: The policy shall ensure fair and equitable access to ice in terms of allocation as
well as in the application of fees and charges.
Youth Sport Development: Children and youth are a priority target and special consideration is given to
accommodating children and youth activities and sport development.
Diversity: The Policy shall provide options for a wide array of users and programs, current and emerging.
Partnership: The Policy shall recognize the importance of partnerships with minor sport and community
associations in the delivery of rink based activities.
Financial Sustainability: The Policy shall provide a transparent framework for fiscally responsible ice
facility operations.
1
It shall be the policy of the City of Saint John that an annual review and update of the Ice Allocation
Policy be conducted by the Deputy Commissioner and Staff of the Parks & Recreation Department , City
of Saint John.
5. Operational
It shall be the policy of the City of Saint John to update or amend any portion of this policy, operational
and managerial documents as may be required to ensure policy principles are being met. Changes or
amendments made to this Policy will be fairly applied.
Eci1.1:3
City of Saint John
Ice Allocation Policy
6. Rights Reserved
It shall be the policy of the City of Saint John to distribute ice time in an open and fair manner that best
reflect the needs of the community while reserving the right to assign and reassign ice as may be required.
It shall be the policy of the City of Saint John to allocate ice according to the following priorities.
Seasonal ice is considered October- March yearly.
1. City of Saint John programs and special events.
• Programs provided at low or no cost for recreational skating opportunities and are made
available by City of Saint John Parks & Recreation Department.
2. Youth Tournament play (refer to Section 13).
3. Youth Recreational Seasonal Requests
Associations that offer service for the majority of those 18 years or younger, do not regulate
membership, are non-profit, are guided by constitutions and by-laws, have auditable financial
statements, are affiliated with a Sport Governing Body, have an elected board of directors, and
provide consistent programming of at least 20 weeks annually.
4. Youth General Seasonal Requests
Associations that offer service for the majority of those 18 years or younger that do not fit into the
"Youth Recreational" category. Organizations in this category include those that provide enhanced
skill development training, with sometimes rotating short-term participants, where seeking
Recreation Cards from such participants would not be practical.
5. New Brunswick Department of Education and School Districts Seasonal Requests
• A publicly funded school recognized by the province of New Brunswick as an education
institution located in the city of Saint John.
• Membership in the group will be made up predominately of City of Saint John residents
6. Adult' Associations, Organizations and Groups Seasonal Requests
• Purpose of the Association, Organization, or Group is to involve individuals in recreation and
sport.
• Membership in the group will be made up predominately of City of Saint John residents.
Membership lists from the previous year will be used to determine priority.
I "Adult' means a person over the age of 19 years and includes sports or activities where the majority of participants
are greater than 19 years of age.
4
Ec%�'7
City of Saint John
Ice Allocation Policy
7. Youth Recreational/General, School and Adults requests that are less than 15 hours for the season
8. Commercial and Occasional Users
• For profit organizations or individuals that use ice time with the intent of generating positive
net income.
8. Gender Equity
It shall be the policy of the City of Saint John to undertake all reasonable efforts to provide equal access
opportunities to ice time for applicant groups representing both genders.
The City of Saint John recognizes the tax -based contributions provided by its residents toward the
development (capital) and operation of recreational facilities. The City of Saint John also recognizes that
residents will always receive priority over non-residents. Therefore, it shall be the policy of the City of
Saint John to allocate ice time based on resident rate with the organizations/teams with higher residency
rates taking priority. The City will accommodate the regular use of ice by non-residents after resident
demand is satisfied and under special circumstances such as reciprocal agreements.
It shall be the policy of the City of Saint John that all applicant groups will submit to Parks & Recreation
membership lists, (current year) including participant's telephone numbers and addresses for review by
November 30. If residency information is never submitted, in addition to not being eligible for priority
bookings the following year, it will be assumed that 100% of the applicant group is nonresident. All
information received will solely be used for the purposes of address verification and will not be sold or
shared with any third parties. Once residency is confirmed all documents will be shredded. It is illegal for
any person to falsely represent themselves. Any documents submitted under false pretenses, forged or
misrepresented (in whole or part) will be considered void.
Associations, Leagues and teams that book ice with the City of Saint John must allow their participants at
the point of registration the opportunity to either accept or deny the sharing of their personal information
with the City of Saint John for resident verification purposes. In order for associations, leagues and teams
to share roster information all registrants must have informed consent. Associations, league and team
failure to allow this option at registration are asserting that all participants are non-residents and they will
need to purchase Recreation Cards
10. Standard of Play
It shall be the policy of the City of Saint John to maintain a standard of play time for various sports in
determination of minimum benchmarks for allocation requirements. The number of weekly hours
allocated to any user group will be based on justified need with youth recreational programs receiving the
largest block of ice time but not exceeding a start time of 9pm at all four city arenas on a daily basis to
allow adult user groups reasonable ice time hours weekly.
The standard of play is as follows:
19YAN
City of Saint John
Youth Teain Ice Sports (Ilocke ingettq/Slec"ge, etc.)
�y/R
I
.Age Group
Non Competitive
I Irs/Week
1Teern ::::::: 15 players::::::: I Irs/Week
............... I.,.,.,.,.,.,.,.,.,.,.,.,.,., .................
Under 6 years
I.,.,.,.,.,.,.,.,.,.,.,.,.,., ............... I.,.,.,.,.,.,.,.,.,.,.,.,.,., .................
I Team
I.,.,.,.,.,.,.,.,.,.,.,.,.,., ...............
I Hour
8 years & under
I Teatn
I 11OUr
10 years & under
I Team
=1 Hour
13 years & under
I Teatn
I 11OUr
15 years & under
I Team
= I Hour
18 years & under
I Teatn :::::::
1.5 11OUrs
Sheating Prograin Fortnula
Level
Minimum Participants::::::::
I Irs/Week
11OUrs/Week
Instructional Learn to Skate
Participants/55 I hour
Instructional Figure Skating
Participan ts/24 >Q 2
Competitive Figure Skating
Participants/15 = 2.5 hour
Competitive Synchronized Skating
Participants/24 1.5 hour
Instructional Power Skating
Participants/40 x I hour
Competitive Speed Skating
Participants/15 x I hour
Adult Ice Sport5 Pgrains
Level
Adult Ice Sports (Various Sports)
Ice Allocation Policy
Competitive
1Testn ::::::: 17 players:::::::
I Irs/Week
I Team
I hours
I Teatn
I hours
I Team
= I hours
I Teatn
2 hours
I Team
=2 hours
I Teatn :::::
2.5 hours
I Team :::::::: 12 players or 12 Participants
Hours/Week
I Team = I hour
It shall be the policy of the City of Saint John to make reasonable efforts to meet the minimum number of
hours; however the City assumes no obligation to meet the standards. Where possible additional needs
from applicant groups will be satisfied pending ice availability and overall demand.
I
371
City of Saint John
City of Saint John Prime and Non -Prime Ice Hours
Ice Allocation Policy
11. Toumaments and Special Events
It shall be the policy of the City of Saint John to achieve a balance between recreational and special
events use during the regular ice season therefore a maximum of 2 weekend tournaments or special events
per month will be scheduled between October and March inclusive. Tournaments shall not be placed on
back to back weekends and best efforts will be made not to monopolize all arenas during the tournaments.
Tournaments are not permitted to start any earlier then 7:30am to allow staffs time to prepare the arena.
Notwithstanding, additional weekend events may be considered if an applicant group can demonstrate to
the satisfaction of the Deputy Commissioner of Parks & Public Spaces the written agreement of user
groups affected by a proposed event.
It shall be the policy of the City of Saint John to effectively manage ice booking with the objective of
minimizing administrative, revenue and operational impacts. Therefore, cancellations will not be
permitted after last Friday in September for any seasonal booked ice times (including tournament).
Cancelation deadline for spring ice: March 18. Cancelation deadline for summer ice August 18.
It shall be the policy of the City of Saint John to reserve the right to postpone or reschedule any permitted
ice time booking due to unscheduled circumstances such as an emergency shutdown or facility
maintenance or repair. The City shall make all reasonable efforts to provide affected groups with
alternative ice times if bookings cannot be coordinated, the affected user shall receive a full refund. The
City of Saint John reserves the right to cancel the offering of Summer Ice if sufficient interest is not show
to justify operational costs, by the application deadline.
It shall be the policy of the City of Saint John to not cancel or postpone commercially advertised
instructional programs and leisure skate times, with the exception of the following:
• Significant and high profile special events as determined by Common Council
• Low Registration in instructional programs
• Unscheduled emergency shut down situations
7
19YA
Prime Time
Early Morning
Pre Prime
Post Prime
Weekdays
4 pm to 10 pm
prior to 8 am
8am-4pm
I Opm-12midnight
Weekend and
7 am to 10 pm
n/a
n/a
I Opm- 12midnight
Holidays
11. Toumaments and Special Events
It shall be the policy of the City of Saint John to achieve a balance between recreational and special
events use during the regular ice season therefore a maximum of 2 weekend tournaments or special events
per month will be scheduled between October and March inclusive. Tournaments shall not be placed on
back to back weekends and best efforts will be made not to monopolize all arenas during the tournaments.
Tournaments are not permitted to start any earlier then 7:30am to allow staffs time to prepare the arena.
Notwithstanding, additional weekend events may be considered if an applicant group can demonstrate to
the satisfaction of the Deputy Commissioner of Parks & Public Spaces the written agreement of user
groups affected by a proposed event.
It shall be the policy of the City of Saint John to effectively manage ice booking with the objective of
minimizing administrative, revenue and operational impacts. Therefore, cancellations will not be
permitted after last Friday in September for any seasonal booked ice times (including tournament).
Cancelation deadline for spring ice: March 18. Cancelation deadline for summer ice August 18.
It shall be the policy of the City of Saint John to reserve the right to postpone or reschedule any permitted
ice time booking due to unscheduled circumstances such as an emergency shutdown or facility
maintenance or repair. The City shall make all reasonable efforts to provide affected groups with
alternative ice times if bookings cannot be coordinated, the affected user shall receive a full refund. The
City of Saint John reserves the right to cancel the offering of Summer Ice if sufficient interest is not show
to justify operational costs, by the application deadline.
It shall be the policy of the City of Saint John to not cancel or postpone commercially advertised
instructional programs and leisure skate times, with the exception of the following:
• Significant and high profile special events as determined by Common Council
• Low Registration in instructional programs
• Unscheduled emergency shut down situations
7
19YA
City of Saint John Ice Allocation Policy
14. Breach of Contract
It shall be the policy of the City of Saint John to reserve the right to cancel a contract or portion of a
contract without notice where in the opinion of the Deputy Commissioner of Parks and Recreation
Department the facilities are not being used for the contracted purpose or the user is violating the Arena
Code of Conduct.
The contract holder affected will receive a full refund/credit for unused bookings.
15. Exclusivity
It shall be the policy of the City of Saint John to retain the right to exclusively offer instructional
programs and leisure skate services at its arenas. Instructional programs and ice services proposed by any
applicant are subject to review and approval by Parks & Recreation Department. Duplication of programs
and services may be restricted.
i6 or Progran-a
It shall be the policy of the City of Saint John to reasonably accommodate new users or programs to
provide for unmet or emerging community needs while also meeting other criteria outlined in this policy.
It shall be the policy of the City of Saint John to recognize new organizations or emerging sports and
allocate ice time to enable it to establish its programs and services. The City will use unallocated ice first
to meet the needs of a new applicant but reserves the right to reasonably reallocate hours from existing
users, if warranted for a period not exceeding one year.
It shall be the policy of the City of Saint John to consider opening arenas outside of standard hours of
operation and charge fees that cover all hourly rates as well as full operational costs, pending the
availability of staff.
It shall be the policy of the City of Saint John to require all applicant groups to agree to abide by the
Arena Code of Conduct as well as all additional rules and regulations that may be attached to a rental
agreement or posted within the arena being rented. In the case of a conflict between rules or regulations
the more stringent rules shall apply.
It shall be the policy of the City of Saint John to require that all users vacate the dressing rooms within 30
minutes of the conclusion of their rental period.
It shall be the policy of the City of Saint John to authorize the Arena Manager or designate supervisor as
the responsible party for the assignment of dressing rooms. Dressing Room keys will only be issued to
managers or coaches.
0
19YW
City of Saint John Ice Allocation Policy
It shall be the policy of the City of Saint John to not accept responsibility for any lost, stolen, or
misplaced personal items or equipment of users or applicant groups including but not limited to, items left
unattended in the locker rooms or main arena.
It shall be the policy of the City of Saint John that all applicant groups and users assume full and
exclusive responsibility for all damages or losses to property, fixtures, and equipment belonging to the
City if caused by the applicant group or its respective members, staff, agents, or guests participating in or
observing events during the term covered by the rental agreement. The applicant group will notify the
Arena Manager or designate immediately of any vandalism, damages or losses to city property, fixtures
and equipment.
It shall be the policy of the City of Saint John that all applicant groups and users are prohibited from
bringing alcoholic beverages into City arenas.
It shall be the policy of the City of Saint John that all application groups and users uphold the provincial
legislation regarding the Smoke Free Places Act which prohibits smoking/vaping in all enclosed public
places.
It shall be the policy of the City of Saint John to reserve the right to eject any person and/or the
organization from the facility for noncompliance at the sole and absolute discretion of the City's Arena
Manager or designate supervisor in charge.
19. General Administration
It shall be the policy of the City of Saint John to require all applicants groups and users to submit requests
for booking and cancellations on City -approved application forms. The City of Saint John reserves the
right to reject applications and requests from clients who submit forms which are incomplete, contain
falsified information, or are submitted after published deadlines.
20. Administration of Fees
It shall be the policy of the City of Saint John assign upon the Deputy Commissioner of Parks &
Recreation Department the authority and responsibility for:
a) Establishing procedures and guidelines for managing rental agreements and fees within the
framework of this policy.
b) Maintaining liaison with other Government agencies, including the Greater Saint John Regional
Facilities Commission, the Lord Beaverbrook Rink, and other user groups and organizations
concerned with rental agreements and fees for arenas within Greater Saint John.
c) Implementing a fee policy that is consistent with the market value and pursuing cost recovery of
the arena rental service being offered within Greater Saint John.
d) Implementing the rental agreement and fee policy and procedures, including properly collecting
fees.
E
EcYAL!
City of Saint John
Ice Allocation Policy
When requesting and allocation ice time requests the following time frames are mandatory
Season
Dates
Application Due Date
Contract Emailed
Signed Contract
At Time of First Rental
Last day in April
Not accepted
Summer
Returned
Spring
Apr 1 to Apr 30
1st Friday in February
3' Friday in February
1st Friday in March
Summer
Sept 1 to Early
Last Friday in June
2nd Friday in June
Last Friday in June
Oct
Fall/Winter
2nd Friday in Oct
1st Friday in August
3' Friday in August
2nd Friday in
to March 31
September
Contracts that are not signed and returned by the specified date will be considered null and void and the
associated ice time will go back for sale. Contract cancellations will be subject to cancellation
administration charges (see section 14) after signing date. Arena bookings for each season will not be
issued until all accounts are paid in full from the previous year.
22. Payment Terms
See below chart for seasonal payment terms. Delinquent accounts will be subject to stricter payment
guidelines. Late payments will be subject to additional charges (see attached fees).
In an effort to minimize administrative time, multiple invoices will not be issued to the same account
holder. This generates numerous staff hours to verify multiple invoices for payment, updating and issuing.
Season
50% Payment
Full Payment
Post Dated Cheques
Spring
At Time of First Rental
Last day in April
Not accepted
Summer
Second Friday in
September
Second Friday in
October
In total Sept 30
Fall/Winter
Last day in November
Last Day in March
Novl, Dec 1, Jan 1, Feb 1,
Mar 1,
4ff R. 4
In order for the City of Saint John to effectively serve their customers, all groups are asked to elect no
more than two representatives to serve as liaison between Parks and Recreation Department and their
group. All communications between the group and Parks and Public Spaces should, at all times, be
channelled through each group's representatives.
10
19YU
City of Saint John Ice Allocation Policy
The user must, at all times during which it is allocated ice time in City of Saint John Arenas, keep in force
and in effect a Comprehensive General Liability insurance policy. A copy of the insurance certificate
must be presented to the City of Saint John before time of first booking with the following requirements
being met:
a) Minimum limits of two million ($2,000,000)
b) The City of Saint John added as "Additional Insured"
c) A cross liability clause
d) For organizations/group dealing with youth 18yrs and under, Limit and Conditional Coverage for
Physical and Sexual Abuse is required.
e) The insurers will give thirty (30) days' notice of cancellation of this policy to the City of Saint
John.
If any group does not have the required insurance coverage, it can be purchased through the City
of Saint John's insurance carrier for a nominal rate. For example a hockey team can purchase the
appropriate coverage for $150.00 per season.
SAINT 101 -IN ARENA CODE OF CONDUCT
In an effort to ensure all activities in City of Saint John arenas are desirable and fulfilling
experiences for all involved, the City of Saint John has an `Arena Code of Conduct' policy.
The City of Saint John also supports the individual `Code of Conduct' policies of organizations
and associations who use City of Saint Johnfacilities.
The City of Saint John is committed to providing an environment in which all individuals are
treated with courtesy and respect. As such, all arena users shall conduct themselves in a manner
consistent with good sportsmanship and behaviour that is appropriate, fair, and mutually
respectful. Harassment and discrimination are never acceptable and will not be tolerated.
11
19YU
City of Saint John
Ice Allocation Policy
If at any time an arena user feels harassed, they should report this concern to a game official, city
staff, league official, or school official.
Please note the following:
1. Any person whose conduct is not conducive to maintaining a positive environment
during the event will be given a verbal warning to improve their behaviour or may be
asked to leave, dependent upon the severity of their behaviour. This action can be taken by
a game official, city staff, league official, or school official. City Staff need to be informed
whenever a verbal warning has been issued. Physical abuse violations will result in an
immediate dismissal, with follow-up investigation.
2. If the person continues to be disruptive, it is at the discretion of the game official, city
staff, league official, or school official to ask the individual to leave the building, or to
directly contact the Saint John Police Force to escort the person from the facility (any
citizen has the right to call Police if they feel threatened, at any time).
* If multiple league/team participants are receiving warnings regarding their behaviour, they will
be treated as one and the league/team designate will be contacted. If the behaviours do not
improve, ice time may be reduced/taken away. This will be at the discretion of Parks and
Recreation staff, upon investigation. Examples of unacceptable behaviour include the
consumption of alcohol/drugs , smoking/vaping and verbal/physical abuse.
12
KYrN
City of Saint John
Ice Allocation Policy
Charge
Fee
NSF
$25
Late payment fee
$50— Team
( payments not paid on time)
$200 — League
Mass Cancellations.
$500 — Team (arena user)
If groups cancels the allotment of
$1000 — League (arena user)
hours below, the fee will apply:
$1000 — Tournament (arena user)
• Teams= 10 hours
• Leagues = 20 hours
• Tournaments = 20 hours
Non Compliance
$50 per week, to a maximum of
(request for residency information)
$200 if they never submit, plus will not be
eligible for priority bookings the following
year.
Delinquent Account
• 25% of invoice is due prior to first
booking;
(applied to accounts that were
• 25% due within first quarter of
delinquent the year previous)
season,
• 25% due halfway through season,
• 25% (remainder) due three quarters
of the way through season.
Facility Clean Up
$50 first time offense
$100 any recurring offenses
Recreation Card Non Resident
$200
Recreation Card Non -Compliant
$300
Association/Team
Associations, Leagues and team that
knowingly allow players that are non-
residents to participate in seasonal ice
without purchasing a recreation card will be
fined $300 for each participant upon
discovery. The fine will go on the seasonal
13
KfE:j
City of Saint John
Ice Allocation Policy
14
Iftell
ice invoice. In the event that the non-
compliant player purchases a recreation
card, the fine will be reduced to $100.00.
Void Key Deposit Return
$100; repeated infractions may result in loss
of key privileges.
14
Iftell
COUNCIL REPORT
M&C No.
2019-168
Report Date
July 08, 2019
Meeting Date
July 08, 2019
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. South Bay Wellfield Performance
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
J. Brent McGovern
J. Brent McGovern
I John Collin
RECOMMENDATION
Whereas, in preparation for carrying out the Safe, Clean Drinking Water Project
(SCDWP), the City of Saint John explored potential sources of safe, clean drinking
water; and
Whereas, in 2012, the South Bay Aquifer was identified as a potential source of
groundwater; and
Whereas the City engaged engineering consultants to carry out due diligence, to
verify the quality and quantity of water in the South Bay Aquifer; and
Whereas the City's engineering consultants advised that the South Bay Aquifer
could supply a sufficient quantity of safe, clean drinking water to service West
Saint John; and
Whereas, in reliance upon that advice, the City arranged, as part of the SCDWP, to
supply drinking water to West Saint John from three wells that draw water from
the South Bay Aquifer; and
Whereas, in 2018, following the implementation of that decision, the City was
advised by the same engineering consultants that, contrary to prior advice, the
South Bay Aquifer cannot supply an adequate quantity of water for West Saint
John without well water levels falling below sea level, and below the minimum
prescribed level set out in the Approval to Operate granted by the New Brunswick
Department of the Environment and Local Government for the West Wells; and
Ec1:ii1
-2 -
Whereas, in order to address the long-term risk of saltwater intrusion into the
South Bay Aquifer, and in order to ensure compliance with the Approval to
Operate, it is necessary to reduce the quantity of water drawn by the City from
the South Bay Aquifer; and
Whereas the City has identified an interim solution, that involves supplying areas
of West Saint John with safe, clean drinking water from the Loch Lomond Drinking
Water Treatment Facility;
Now therefore be it resolved that the City implement the interim solution
described in M&C No. 2019-168 of supplying water from the Loch Lomond
Drinking Water Treatment Facility to Lower West, Milford, Randolph, Fundy
Heights, Duck Cove and Sand Cove neighbourhoods, as shown in a yellow colour
on the plan titled West Side Water Servicing Adjustments in Appendix 1 while it
develops a long-term solution to ensure a long-term sustainable supply of safe,
clean drinking water for West Saint John.
EXECUTIVE SUMMARY
As part of the Safe Clean Drinking Water Project, the City began servicing
residents of West Saint John entirely with water from the South Bay Wellfield. The
City made this decision having relied on the advice of BGC Engineering Inc. that
the South Bay Wells could sustainably supply enough water to service West Saint
John. We now know that the wells cannot supply all of water demand of West
Saint John without their water levels dropping below sea level, contrary to what
the engineering firm originally advised. This forces the City to reconsider the
manner in which it will service West Saint John with water, and consequently
causes the City to incur additional costs to ensure the delivery of water to West
Saint John.
This report is intended to advise on how West Saint John will be serviced in the
near future along with the relevant considerations, and to explain
communications materials that have been prepared along with the different
means of communicating the planned upcoming water source change for some of
West Saint John.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Saint John invests in sustainable City services and municipal infrastructure.
K-15
-3 -
REPORT
Background
Prior to incorporating the Wellfield into the Safe, Clean Drinking Water Project
(SCDWP), the Project included a 90 megalitre per day (MLD) water treatment
plant (WTP), a significant pumping station and transmission main improvements.
The WTP was being designed to service both east and west customers. Water was
going to be supplied to the west along the Reversing Falls Bridge, pumped at a
new pumping station located on Fallsview Drive all the way to the Spruce Lake
Pump Station, then supplied to West Saint John similar to how it was supplied
prior to the Project.
In 2014 and 2015, BGC Engineering Inc., pursuant to an engineering agreement
with the City, advised the City that sufficient quantities of good quality water
could be sourced from three wells in the South Bay Wellfield to meet the City's
average daily demand on the west side. This recommendation came during and
after the engineering firm pumped the wells for a period of 12 months; a period
greatly exceeding industry standards for assessing sustainable yield and also after
two additional third -party consultants independently reviewed the data and
recommendations.
In reliance on this advice, the City decided, as part of the SCDWP, to service the
water needs of West Saint John entirely from the west wells.
In the fall of 2018, as part of its contract for on-going monitoring and reporting on
the wellfield, the engineering firm alerted the City that the water level in the wells
had dropped below sea level, putting them at risk of salt water intrusion. Note
that in addition to the risk posed by saltwater intrusion there are also specific
water level requirements in the City's Approval to Operate and operating the
wells continuously below sea level would be a violation of the Approval to
Operate as issued by the New Brunswick Department of Environment and Local
Government (NBDELG).
After being alerted by the engineering firm that the water level in the wells had
dropped below sea level, staff at Saint John Water promptly engaged the services
of independent leading experts to analyze the data and explore solutions to
reducing water demand so as to allow the wells to recover above sea level.
The City has engaged the services of S.S. Papadopulos & Associates Inc. (SSPA) as
an independent hydrogeological consultant, to assist the City in understanding the
sustainable yield of the wells in the South Bay Wellfield, and the reasons why the
wellfield yield is materially less than that identified in the engineering firm's
original analysis in 2014 - 2015. The City has also retained the services of CBCL
Limited to provide advice as it relates to assessing options to service West Saint
John and to consider impacts on changing the water source.
191.1%
-4 -
Water Quality and Water Levels
Saint John Water continues to serve customers across the City with safe, clean,
drinking water quality that exceeds the New Brunswick and the Canadian
guidelines for drinking water quality. Regular testing of the water supplies from
both the South Bay Wellfield and the Loch Lomond Drinking Water Treatment
Facility (LLDWTF) confirms that Saint John has two excellent sources of high-
quality drinking water. Water quality results are available on the City's website.
Water levels within the wells are lower than required by the engineering firm in
2014/2105. Water levels should be one -metre above sea level or greater;
however instead the levels are measuring closer to one -metre below sea level.
Ongoing data monitoring reconfirms that there has been stabilization in the
wellfield groundwater levels and the water levels are remaining at approximately
1 metre below sea level. It should be noted that large industry is served water
from Spruce Lake.
While there is no immediate concern for water quality or quantity, there is the
risk of a longer-term salt water intrusion impact if water levels are not given an
opportunity to recharge back above sea level.
Water levels are continuously monitored at 14 locations. Three of the locations
are the three active drinking water wells and the remaining locations are
monitoring wells that radiate outward from the drinking wells toward the coast
lines. The continuous monitoring provides ongoing feedback on the water levels
within the wellfield. In addition, there is also conductivity monitoring (which is
used to indicate if there is the presence of salt water intrusion) at the three
drinking wells and at the two monitoring wells closest to the coast line. One coast
line monitoring well is located near Highway 1 and the other is located near Bay
Street.
While the water levels in the production wells are below sea level, there is no
evidence of the intrusion of brackish water from South Bay or salt water from the
Bay of Fundy, which would not be expected immediately given the process of
saltwater or brackish water intrusion is a gradual process that can take years.
However the water levels cannot stay below sea level long-term and therefore the
situation needs to be dealt with proactively through a reduction in the water
demand on the wells.
Regulatory Requirement
From a Regulator perspective, the City of Saint John has numerous requirements
it is to adhere to and the City has been able to meet all requirements except one
key requirement, that being the water level in each South Bay production well is
not to drop below +1m above mean sea level (amsl) more than 100 days/year
with a maximum 20 consecutive days.
191:X3
-5 -
Given the City is unable to meet this requirement by serving the citizens of West
Saint John with water from the South Bay Wellfield, the City is no longer in
compliance with its Approval to Operate and as such is required to return the well
water elevations to compliance. Therefore a solution is needed in the near term
to address the risk and to return to regulatory compliance while considering the
longer-term options.
Servicing West Saint John
As requested by the City, CBCL Limited have been providing support to develop
servicing options for West Saint John to ensure safe, clean and reliable water is
available to all customers. CBCL have worked closely with Saint John Water staff
to assess servicing options that could be implemented in relatively short order to
reduce the water demand on the wellfield so as to reduce the risk of salt water
intrusion and return to compliance with the Approval to Operate. Therefore an
interim solution is needed while considering the longer-term options. After
analyses and careful consideration by both CBCL and Saint John Water the
recommendation is to proceed with an interim servicing option of delivering
water from the new Loch Lomond Drinking Water Treatment Facility to Lower
West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove
neighbourhoods as shown in a shaded yellow colour on the plan titled West Side
Water Servicing Adjustments in Appendix 1.
This will ensure the water demand on the wellfield is reduced so as to allow the
water levels to recharge improving the sustainability of the wellfield, and
returning the City to compliance with its Approval to Operate. Careful
consideration and engineering analysis has gone into identifying the so called
boundary line in West Saint John between the two serviced zones. The decisions
were based upon the following considerations:
1. Sufficient water demand reduction to allow the water level in the
wells to rise above sea level;
2. Ability of the LLDWTF to accommodate some additional demand;
3. Maintaining similar service pressures in the water systems;
4. Redundancy of supply;
5. Fire flows and storage;
6. Water quality; and
7. Use of existing infrastructure.
Drinking water from the LLDWTF will flow from the Facility via a large existing
water transmission main to the Reversing Falls Bridge. Water will cross the Bridge
on a pipe that was structurally relined in 2013 and an interim booster pump
station will be constructed on City owned property on Fallsview Drive in the
coming months. The design and construction of a permanent booster station
would take approximately 2 — 3 years and be of far greater cost. The interim
booster pump station allows for the prompt construction of the pump station and
Ec�:il
-6 -
thus the prompt reduction of water demand while the Province clarifies how and
when the Reversing Falls Bridge will be refurbished or reconstructed.
The New Brunswick Department of Transportation and Infrastructure (NBDTI) do
not have clear plans for the future of the Reversing Falls Bridge however it is
understood that at some point in the future they will either be undertaking a
significant rehabilitation or replacing the bridge. It will be important for staff to
continue to have an open dialogue and be engaged as a stakeholder in any plans
or work as it relates to the Bridge. It is also very important that there be some
clarity on the Province's plans (work to be undertaken and timelines) before the
City decides on any significant long-term investments and servicing options so as
to make best use of ratepayer dollars.
The Lancaster Water Storage Reservoir will store water from the LLDWTF to
increase the security of supply by providing fire flows, and storage in the event of
a minor pipe break or fire. The water from the LLDWTF and the water from the
South Bay Wellfield will be separated by normally closed valves. In the event of an
emergency (for example a watermain break on the Reversing Falls Bridge) where
water cannot be supplied from the LLDWTF for a long duration, the normally
closed valves would be manually opened and the entire west would be once again
served from the South Bay Wellfield until such time as repairs are completed.
Water system pressures in the yellow shaded area identified in the map in
Appendix 1 will remain the same as they are today and as they were before
switching to the groundwater system.
By proceeding forward with the interim servicing option, the City will reduce the
demand on the South Bay Wellfield such that it is within the sustainable yield.
Implementing the interim servicing plan will also address the issue of the water
level being below sea level which will return the City to compliance with the
Approval to Operate. The interim option will allow for long-term options to be
further analyzed as NBDTI determines plans for the Reversing Falls Bridge.
Loch Lomond Drinking Water Treatment Facility
The LLDWTF was designed to provide an average day demand (ADD) of 50 MLD
and a maximum day demand (MDD) of 75 MLD. Since commissioning of the new
treatment facility it has been delivering approximately 35MLD to meet the
potable water customer demand. Once the areas of Lower West, Milford,
Randolph, Fundy Heights, Duck Cove and Sand Cove are switched, the average
daily demand on the treatment facility will increase to approximately 43MLD.
Based upon the data and current demand levels, the east system and the LLDWTF
can accommodate the new water demands from the west system under the
interim servicing option.
191:161
-7 -
Transition Risk Assessment & Mitigating Actions
Given that the interim servicing option involves a transition from groundwater
(naturally non -corrosive) to surface water (naturally corrosive) from the LLDWTF
and the unexpected issues which materialized following the 2017 switch, the City
has asked CBCL to identify any risks which could be associated with the
anticipated transition.
Although both supplies presently meet all Guidelines for Canadian Drinking Water
Quality, both health -based and aesthetic, the change in mineral content and
hardness between the two supplies may be noticeable across a range of aesthetic
measures.
Water Distribution System
Both water systems contain chlorinated water having similar pH and treated with
orthophosphate for corrosion control. Despite this, however, based upon prior
experience, CBCL has reported that the proposed changes do present possible
risks for example with respect to corrosion, corrosion product stability (scale).
The extensive amount of cleaning and lining of watermains that has been done on
the west water system has a significant positive impact on reducing the risk,
however some unlined cast iron watermains remain in service. Beyond what has
already been done as part of the SCDWP the City is working to inform itself of the
risks by having CBCL and researchers at Dalhousie University perform studies.
Premise Plumbing
It is important to note that the proposed transition as part of the interim servicing
option would be a reverse scenario to the switch in 2017. Moreover, there are
other important mitigating (positive) factors in the current scenario that were not
present in the 2017 switch; namely that both supplies are currently treated with
orthophosphate, and both have similar pH values at or above 7.5. To inform the
risk profile associated with premise plumbing, two programs have been initiated.
One involving field -located standardized copper pipe corrosion racks and the
other involving lab -scale dump fill testing.
Two pipe racks — as shown in the photograph below are now installed — one west
and one east. Each rack system is set up with an automatic irrigation timer and
each is programmed to mimic three 8 hour stagnation periods each day on
harvested copper pipe and new copper pipe. Each 8 hour stagnation period is
followed by a 2 minute flushing cycle to remove the stagnated water and bring in
fresh new water. Samples of the stagnated water are regularly collected and
analyzed for a number of parameters (for example copper and pH).
Ec1:i.1
Figure 1. Pipe Rack
The lab -scale dump fill testing being completed at Dalhousie University will
continue over the next month or two and this will also help to inform the risks
prior to a change in water source.
Mitigating Actions
In advance of the transition of the neighbourhoods of Lower West, Milford,
Randolph, Fundy Heights, Duck Cove and Sand Cove to water from the LLDWTF it
is being recommended by CBCL to gradually adjust upward the pH of the water
from the LLDWTF over a period of several weeks prior to changing west customers
from the South Bay groundwater supply to the surface water from the LLDWTF. It
is noted by CBCL that "The current difference in pH between the systems is,
however, seen as similar and compatible between the two systems even without
adjustment."
It is further recommended by CBCL that as an added degree of conservatism to
increase treatment of the drinking water with orthophosphate for a period of
several months after the transition occurs and ongoing monitoring data is
collected to guide operational decisions.
Communications
The following communications documents have been prepared to communicate
the upcoming change in water servicing to the public.
• South Bay Wellfield: Service Adjustment Questions and Answers July 2019
• West Water News (mailed July 8th, 2019 and will be arriving in mail boxes
on July 9th and 10th)
• Timeline: South Bay Wellfield
• Infographics for:
o West Side Water Servicing Adjustments (version 1);
o West Side Water Servicing Adjustments (version 2); and
o Current Wellfield Water Level.
The documents are attached in Appendix 2 and are all available on the City's
website at www.saintiohn.ca/westsidewater.
-9 -
Furthermore, to assist customers, the GIS team of the City has developed a
mapping application (an app) that will allow citizens to search by civic address and
it will inform them as to what water source they will be on after the switch.
A short informative video has also been prepared to allow citizens to be informed
of what will be happening and where to get additional information.
In addition to the various communications materials noted above, staff have
planned a series of drop-in open houses should citizens have questions. The open
houses will be as noted below.
Wednesday, July 10
Carleton Community Centre gymnasium
2PM — 4PM 16PM — 8PM
Thursday, July 11
Denis Morris Community Centre
2PM — 4PM 16PM — 8PM
Monday, July 15
Hillcrest Baptist Church gymnasium
2PM — 4PM 16PM — 8PM
The City will continue to provide Saint John Water customers with information
and updates through the website, direct mail, customer service and other forums.
Timeline
The interim servicing option requires the construction of an interim water
pumping station on Fallsview Drive which involves the procurement of a package
pump station and associated civil works.
A public call for proposals was issued June 25, 2019 for a package pump station
that includes the provision of all labour, materials and equipment required to
provide a complete package pumping system housed in a portable prefabricated
building. The call for proposals will close on July 11, 2019 and staff plans to bring a
report to Council on July 29, 2019 to award the packaged pump station.
A civil works tender package will be issued in July and staff plans to also bring a
report to Council on July 29, 2019 to award the civil works. Work is scheduled to
be completed in November 2019 with commissioning of the new pumping station
shortly thereafter in mid to late fall 2019.
Once the new pumping station is commissioned water will then begin to flow
from the LLDWTF to the neighbourhoods of Lower West, Milford, Randolph,
Fundy Heights, Duck Cove and Sand Cove.
191:1:3
-10 -
SERVICE AND FINANCIAL OUTCOMES
The full cost of needing to switch customers in West Saint John to the LLDWTF is
still being determined.
The design and construction of an interim booster pump station at Fallsview Drive
will cost approximately $575k which would be offset against other 2019 approved
capital projects that have come in under budget or from projects that have had
additional funding awarded under the Clean Water Wastewater Fund. This offset
would be in accordance with the approved Capital Budget Policy.
Please note the interim station is being designed to allow for the reuse of items
(pumps and associated components) in a possible permanent future pumping
station so as to make best use of ratepayer dollars.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff continues to keep both the New Brunswick Department of Health (NBDOH)
and the New Brunswick Department of Environment and Local Government
(NBDELG) up-to-date with the performance of the South Bay Wellfield.
Please note that both the NBDELG and NBDOH are supportive of the interim
servicing option as recommended in this report.
ATTACHMENTS
Appendix 1 - West Side Water Servicing Adjustments
Appendix 2 —Communications Documents
Appendix 3 - PowerPoint — South Bay Wellfield Performance - July 8, 2019
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Clients passant a Peau
de surface trait6e
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U)ch Lc)mc)nd Drinking
Water"rreatment Facility
Installatic.)n de traitement
de l"eau pc.)table de
Lc.)ch Lc.)mc.)nd
Customers on treated
Water flows
surface water
from facility
Clients sur Peau de
Nbit deau a partir
surface trait6e
de ('installation
Saint John
has taken
to ensure
has a reliable supply of safe, clean drinking water.
2012
City explores potential
sources of safe, clean
drinking water for City
of Saint John.
South Bay selected as a
target area to supply
municipal groundwater
City releases RFP for
exploration and
development of a
groundwater system.
January 2014 - January 2015
Engineering company undertakes a
year-long pumping test. This far
exceeds industry standards.
November 2014 - March 2015
Engineering company advises City
that the South Bay wellfield can
provide at least 12.5 MVd
(megalitres per day) of safe, clean
drinking water and recommends it as
the water source for west Saint John.
January -April 2013
City reviews proposals
and selects reputable
engineering company
to explore
groundwater option.
°���JJ»lllll�������111 P,iiii��l�lllllllll�l�1111111°'o
March 2015
September 2017
South Bay Wellfield
begins to service west
Saint John.
Two independent peer
reviewers agree with
engineers' conclusion
that South Bay wellfield
can produce at least
12.5M Vd.
392
January 2019 - June 2019
City develops solution to
reduce demand on the
City announces that parts of
west Saint John will receive
safe, clean drinking water
from Loch Lomond Drinking
WaterTreatment Facility.
October 2018
Engineering firm informs City that well water
levels are below sea level. Action is needed to
ensure long-term reliable supply of water.
November - December 2018
City hires independent experts to analyze
data and explore solutions.
JULY 8 2019
Saint John Water constantly monitors the water level and quality of water coming from the three wells at the South Bay
Wellfield.
When measuring the water level within the wells, results should show a stable state at one -metre above sea level or
greater. However, water levels within the wellfield are measuring closer to one -metre below sea level, which is lower
than what the consultant engineer firm who studied and recommended the wellfield required in 2014/2015. This change
in the water level affects the sustainability of the wellfield and could impact the quality of the water.
While the water level does not have an immediate impact to water quality or quantity, it is prudent of the City to take
proactive steps now to reduce demand on the wellfield and protect the ground water supply for the long term.
It will be some time before it is known why the water levels are lower than what the consultant engineer firm had
required. The engineering firm worked with test wells that were pumped and monitored far longer than industry
standards require, and the data was reviewed by two additional third -party consultants before the City decided to
proceed with a wellfield on the west side.
Saint John Water is now working with a nationally recognized and leading hydrogeologist to understand why the water
elevations are lower than projected.
11 1110111111
No. There is no immediate impact to the quantity available to serve residents on the west side and there has not been a
change to the quality of the drinking water. While it remains an excellent source of safe, high-quality drinking water, the
City will be taking action to reduce the long-term demand on the wellfield.
The South Bay Wellfield, like most other areas across Saint John, is not far from the ocean. If demand on the wellfield is
not reduced, and water levels within the three wells do not have the chance to replenish above sea level, salt water
from the Bay of Fundy or brackish water from the South Bay may move towards the wellfield as water continues to be
drawn.
The City is not willing to take that risk. If salt water were to enter the drinking water source, the change in water quality
would be irreversible and the water would no longer be drinkable without additional treatment.
The drinking water quality has improved dramatically since the switch to the wellfield in 2017, and proactive steps are
being taken so that it remains an excellent water source for years to come.
The City has been working with the engineers who were contracted to design the wellfield, as well as expert
hydrogeologists, to understand why the wellfield is not performing as the design engineers had stated. Without delay,
the City is taking the responsible approach to reduce and stabilize the demand on the wellfield and ensure that it
continues to deliver safe, clean drinking water for years to come.
With two excellent water sources now available to the City, engineers have determined that the best course of action at
this time is to switch some areas of the west side to water from the new Loch Lomond Drinking Water Treatment
Facility. By doing this, the City can continue, without service interruption, to provide customers with safe, high-quality
water, and begin to reduce the demand on the wellfield in 2019.
w +- K- �. w w w w w1 7111111"i
Areas that will be served with water from the Loch Lomond Drinking Water Treatment Facility include the lower west
side, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods. For a map of exact locations,
searchable by civic addresses, visit the City's website.
MOZ11I
y...111MINIMI! III! 1111 1:1 ., • K Md �• , • ,I
The City is preparing over the coming months and at this point is planning to make the switch during the fall of 2019.
The City will work to minimize any impacts to customers. Water service is not expected to be impacted by the change.
The City will notify homeowners and businesses through direct mail to highlight areas where the water supply is
changing.
., w w w . ,; . , , , ., . - w - K w ., ,
Lomond
Very little new infrastructure or construction is required to make the switch as most of the water mains are already in
place from previous years. The City will need to complete the design and construction of a water pumping station to
help move the water west. This work is already underway and is scheduled to be complete in the fall of 2019.
After the switch occurs, the City may need to look at constructing some additional infrastructure to ensure the long-
term reliability of the transmission system as water will now need to travel west through a large water main under the
Reversing Falls Bridge.
Both sources provide high-quality drinking water that exceeds the New Brunswick and Canadian Drinking Water Quality
Guidelines. If you are interested in the changes in water quality parameters, please click on the following link to see a
comparison between the two water qualities.
Given e previous switch in water source,.aof ,m well water to fully treated lake wat-M
from the Loch Lomond
The City has been working with a number of experts, including CBCL Engineering Limited and researchers at Dalhousie
University, to understand potential impacts of switching to fully -treated lake water. This includes any impacts to
infrastructure and plumbing systems. Based on these results and industry best practice, before making the switch, the
City will take reasonable steps to reduce the impact, if any, associated with the switch from ground water to surface
water.
The change in water supply will result in moving from a hard, unfiltered groundwater source to softer, filtered lake
water. Both water sources are treated with chlorine and orthophosphate (see additional information regarding
orthophosphate below). Both sources meet all Guidelines for Canadian Drinking Water Quality.
06%191
Will people who installed a water softener need it if their water source is changing from the South Bay Wellfield to
the Loch r' r • Drinking Water Treatment Facility?
We know that some people on the west side chose to have a water softener installed after the switch to hard water
from the South Bay Wellfield. With the upcoming change for some west side residents to the Loch Lomond drinking
water supply, water hardness will likely not be a concern as the water contains a lower mineral content (hardness).
The decision to keep or uninstall a water softener is a personal choice, and there are a few things to consider while
making it.
There is a chance that the water source could change again, either temporarily or for a longer period of time, once the
City determines the long-term solution for managing demand on the wellfield. If the transmission system for getting
water from east to west was ever compromised, the City has the option to put customers back on the west system
temporarily to ensure a continuous supply of water which would mean a transition back to the higher hardness
groundwater.
For those who wish to keep it for these reasons, they will not need to use it while on the Loch Lomond drinking water
supply. Decommissioning it from use will reduce ongoing operating costs, including electricity and salt purchases. Those
on a rental program with a local company may also want to consider these reoccurring costs in their decision.
However, without the immediate need for the softener, some residents may choose to uninstall and remove it from
their property altogether and if doing so we encourage owners to contact a plumber. Unfortunately, there is little the
City can do to facilitate this decision for residents as Saint John Water is not in the water softener business, this is
instead a personal choice that will need to be made by each person who owns one. There are local businesses that sell
softeners, and demand for the equipment exists in the greater Saint John Region. There may be an opportunity to sell
the water softeners privately should an owner decide to remove it completely.
Local businesses that sell water softeners may also have advice on available options.
I
Yes, water from the Loch Lomond Drinking Water Treatment Facility is treated with orthophosphate. Orthophosphate is
commonly used in water treatment for corrosion and scale stabilization control. Its use is well established and applied to
surface drinking water treatment in other local municipalities like Moncton and Halifax. Phosphates are part of our
normal daily diet as they are found in many common foods such as cheese and baking products.
Using existing water mains and a new water pumping station, the Loch Lomond Drinking Water Treatment Facility can
serve a number of areas in West Saint John. Some additional water infrastructure may be needed in the future to ensure
reliable water transmission.
Serving all west side customers with water from the Loch Lomond Drinking Water Treatment Facility isn't feasible
without extensive new water infrastructure.
The Loch Lomond Drinking Water Treatment Facility was designed to provide an average day demand of 50 megalitres
per day (MLD) and a maximum day demand of 75 MLD. Since commissioning the new treatment facility, it has been
delivering approximately 35 MLD. Once the areas of Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand
Cove are switched, the demand on the treatment facility will increase to approximately 43 MLD.
1 .119111 111 1- - - ,, MME . w w
Full costs are still being determined. The City is taking steps to seek compensation from the engineering firm for its
wrong advice that the wellfield could serve west Saint John.
ON
be w•ing the consultin g engineers accountable?
The City is working with leading experts to review why the wellfield is not performing as expected. Once the City
determines the reason for the discrepancy between the design and the performance, the City will take the necessary
steps to seek compensation from any responsible party.
The City will continue to provide Saint John Water customers with information and updates through the website, direct
mail, the customer service phone line and other forums.
Find out more about water quality parameters online at www.saintiohn.ca/westsidewater.
061.11
4INT I(7
Six public information sessions will be held to
provide Saint john Water customers wi t h
information on the upcoming water servicing
adjustments.
The City will begin wo,rl, to transition sorne areas
of the west side from the South Bay WeHfield as
their primary drinking water source and begin
serving thern with water from the new Loch
Lomond Drinking Water Treatnient Facility. This
transition is scheduled to occur in mid to late fall
of 2019, and is not expected to cause any
disruptions to either drinking water service.
T'he west side neighbourhoods that will be
switched to drinking water from the new facility
include:
Lower West Milford I Randolph
Fundy Heights I Duck Cove I Sand Cove
The Open blouses will be drop-in format. Staff
frorn Saint John Water and CBCI. Ltd. will be on.
hand to explain the inforination 1.)resented and
answer any questions.
join us at one of the following events:
Wednesday, July 10
(],arleton Cominunity Centre
120 Market Place West
2 p. ill , - 4 p. in. I 6 p . in. - 8 p. rn.
Thursday, July 11
Denis Morris Cotimiunity Clentre
330 (.3rcerilriead, [Wad
2 1), in. --- 4 1). in, I 6 p, ni, 8 [),, ria,
Monday, July 15
[lillcrest Baptist Church
476 1,&rlcaster Avenue
2
psis. 4 p. til . 1i 6 p. rn. 8 p. ni
www.saititj
Six s6ances d'information publiqUeS seront tel-ILICS
afin de fournir aux clients de Saint John Water des
renseignernents sur les modifications au service
d'alirrientation en eau 5 venir.
La Ville commencers zi faire la tra.risition darns
quelques rr Bions du West Side qui soot servies par
le champ de captage coninie source pririlaire d'eau
potable et cornmencera a les servir avec de Veau
provenant de la nouvelle installation de traitement
de 1eau potable de Loch Lornond. Cette transition
est I)r(,VLIC,! Se produire a I'automne de 2019 et lie
devrait causer auctine interrelation aux deux
services deau potable.
Les quartiers du West Side qui changeront pour
Veau potable provenant de la nouvelle installation
comprennent ;
Lower West Milford I Randolph
Fundy Heights I Duck Cove I and Cove
Les seances seront de type oponctuel,>. Le personnel
de Saint john Water et CBCL, Ltd. sera sur place pour
expliquer les renseignernents fournis et r�pondre
aux questions.
Joignez-vows A nous lors, d'un des 6v6nements
suivants :
Le mercredi 10 juillet
Carleton Cotnin till i ty ("entre
12011 Market Place West
14 h 0 0 2t 16 h 0 0 1 18 ll () 0 � 2 0 h 0 0
Le jeudi 11 juillet
Denis Morris Coninlunity Centre
330, Me, Greenhea(l
14 h 0 0 A 16 h 1, 8 h 10 0 0 h OO
Le lundl 15 Juillet,
1-fillcrest Bal" )tIst Church
476, avenue Lancaster
1, 4, h 00 A 16 Il 0 01 1 18 h 00 4,2 0 h (YO
O"'Al k -TT JOHiN
"i N N
South Bay We
• Regularly monitor water quality and water levels in wellfield
— Water quality has dramatically improved since transition in 2017
— Water levels in drinking water wells are 1 metre below sea level;
required level is one -metre above sea level to avoid the risk of salt
water intrusion
— No immediate impact to water quality or quantity
— South Bay Wellfield drinkin°gfwater remains an excellent source of
high qualitydrinking water, % eclingoinational a
guidelines
— Prudent for City to take 6U
sustainability of wells
403
Pre -pumping water IIIc e
Current water IIevel
Return water levels in the wellfield to above sea level
Need to reduce the water demand on the wells
City has two main excellent sources of drinking water
now available
— South Bay Wellfield
Loch Lomond Drinking
In the interim, move so
allow servicing from
atment Facility
r Treatment Facility
0
0
a
ra 406
mi
.. . .. ......
Some of the
key considerations in
identifying areas west that
would be
switched to
the new Loch Lomond
Drinking Water Treatment
Facility.
1. Sufficient water demand reduction to allow the water level in the
wells to rise above sea level;
2. Ability of the LLDWTF to accommodate additional demand;
3. Maintaining similar service pressures in the water systems;
9
Redundancy of supply;
Fire flows and storage;
Water quality; and
Use of existing infrastr
lk,111104
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"Ali llolll f�Ajf, IS
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P N I N S, U LA O"I'AMPLAIN
Loch Larnand
DrInking Water
0 V, OP, W,
FUNDY Troxonant Facilky
sft�,,lwrll covl,'
wsus,rsio� t, MAl"p,
40A I VIE, WIWI k" RAP 4)1(c O'JVWt)',V
HAROCRAR,
N]"alkir, watof Caslwr4,r5 c'm ro,pare'd Cwtomors mavinq
Sup plywell" wmndwmcn aVvrllr "o Ovamd %Q04,4 -1v Water
C,otonqofon Watef flow�
t fea tedvw face watelf 'nowsup tarn ra< il it w
• Both the NBDELG and NBDOH are supportive of the interim
servicing solution
• Continue to work collaboratively with the NBDELG and NBDOH
as we construct the interim pumping station and prepare for
the transition
• Very little new infrastructure or construction required at this
time to allow the interim servicing adjustment to proceed.
— Water mains already in place
— Design and construction of interim water pumping station to
promptly allow for reduction in water demand on wellfield
— In future City may need to construct additional infrastructure
for long term transmissio' f °system reliability
• Citizens should not experi
servicing during the swig,,,,;;
• Once construction of the pump station is completed and
the facility commissioned the switch can occur
• Timing is currently scheduled for mid to late fall 2019
• Over the coming months preparations will continue
• Water service should not be impacted by the change
City will notify prior to
• In 2012 City explores the potential for groundwater (both east and
west) as means to optimize the SCDWP
• South Bay area identified as having potential for a high quality/high
yield aquifer in fall 2012, and the option was pursued by the City
• Late 2012 City releases RFP for exploration and development of a
groundwater system
f"r i ,Z°ioa
• Early 2013 City retains reputa ,fie engineering firm eve�o
groundwater exploration rogr �fj
The City of Saint John drilled"'
aquifer in the summer of 201 / 2
• January 2014 —January 2015 Engineering firm undertakes a year-long
pumping test. This far exceeds industry standards
• November 2014 — March 2015 Engineering firm advises City there was
enough water to service West Saint John and recommends it as a water
source for West Saint John
• Two external independent reviewers agree with engineering firm's
conclusion that South Bay Aquifer can meet the water demands ofWest
Saint John 1
• City relied on this advice and
forward with the SCDWP sco
source of West Saint John dri''`«'�%
• t meet West
The engineering firm was wrong — the wells can
side demand without water levels dropping below sea level
X01"2011TVA
• City hired industry experts to analyze data and explore solutions
• City in working with its experts has developed a plan to reduce the
demand on the wellfield
• Terminating its contract with the engineering firm which had an on-
going contract for monitoring and reporting on the wellfield
• Seeking compensation from the engineering firm for its wrong advice
and the additional costs to address the issue
f
Started dispute resolution proav,
If the engineering firm does n
arbitration
• Drinking water will continue to be high quality
•
City engaged Industry Experts — CBCL andw
uo
Dalhousie University
foo � ��w xury i¢, .mod°mrW�,
u,16iuM1lrF"1r„i�r t'�I keV¢IMI,°r.+;F,Atgi,�r e7u(�eLA V°t Ml l+w', �I?e%F r/aw¢Yro�N,J��YP
• CBCL advised that based upon prior experience the
planned change in water service does present possible
risks
• Mitigating positive factors in current scenario; both COCLU MI'TEa
supplies are treated with
similar pH values at or abo
City is working to furthe
CBCL and Dalho
0
• pH of water from the Loch Lomond Drinking Water
Treatment Facility will be further adjusted upward gradually
over a period of weeks.
• Increase treatment with orthophosphate for a period of
months after the transition while ongoing monitoring of in-
field rlatn tn cmirlA r1Aricinnr,
• Communications documents
—South Bay Wellfield - Q & A
— West Water News
—Timeline: South Bay Wellfield
— Infographics titled:
Current Wellfield Wat
West Side Water S
C
. .. .. .....
E3080A T, FU, [(,4
f 11111
J U h4lj q
Lt Lorriond Drinking ester Treatment Facility treated surface water system
U Anal}�.;rnv� r t�a�
„1�n1,J�shra�
�.,w,Av,hn
lJnt 4. F;�rar' 9m�,%L By b,h
South Bair W Nlti lPgroundwater system
Afl ,
Ury of aint Jolhn, f'r ov,n w e�, fav ✓ f rj q,,,; ;, Pr nvnn, v of I' io^va S c of a, F si, H E RE, t i�a`I rii' , ME T Uf,4
/SU
U
e6 3aeebb
U
VRM
U ✓
Wednesday July 10, 2019
Carleton Community Centre gymnasium
2pm — 4pm I 6pm — 8pm
Thursday July 11, 2019
Denis Morris Community Centre
2pm — 4pm I 6pm — 8pm
Monday July 15, 2019
Hillcrest Baptist Church gy
2pm-4pm
• Water quality exceeds national and provincial guidelines;
significant improvement
• There's enough of water to meet current demand
• An early adjustment is necessary to ensure the wellfield
can sustainably supply the customer base it is serving
• City is being proactive and preventative with interim
actions while developing a long-term plan
• City is taking appropriate/r, l�iegal actio/,n to, erg
; ,�
��"�, dri
ratep y a ers are p rotected%,%
iii/�
Now therefore be it resolved that the City implement the interim
solution described in M&C No. 2019-168 of supplying water from the
Loch Lomond Drinking Water Treatment Facility to Lower West,
Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove
neighbourhoods, as shown in a yellow colour on the plan titled West
Side Water Servicing Adjustments in Appendix 1 while it develops a
Innis-term rnhitinn to PnriirP a Innis-term riirtainahIP riinnly of cafe
www. sa i nt
westsidewater
f
O'Connor, Colleen
From:
Uchenna Udeh <nbaauche@gmail.com>
Sent:
June -06-19 12:23 PM
To:
O'Connor, Colleen
Subject:
Re: connecting you
Follow Up Flag: Follow up
Flag Status: Flagged
Hello Colleen,
Following up on the official email I sent you and what Jennifer had stated, I will please like to ask how we may
be able invite the Mayor and MP to attend this event.
We believe that their presence there will send out a strong message to the city.
We would also like to know if they may be interested in buying a VIP table. $35 per person, This will be a
good way to have the city listed as one of our sponsors.
Please let me know.
Look forward to hearing from you soon.
Thank you,
Uchenna Mildred Udeh
Leader & Representative
New Brunswick African Association Inc
Saint John Division
Tel: 5066035343
Email: NBAAuchekgmail.com
http://www.nbaa.ca/
On Thu, Jun 6, 2019 at 12:18 PM Uchenna Udeh <nbqauche@gmAfl.com> wrote:
Dear Colleen,
My name is Uchenna Mildred Udeh and I am the Saint John leader & representative for the New
Brunswick African Association.
We are writing to you because we believe that you, through your position at the City of Saint John
Office, share our belief on the importance of increasing the social, economic, cultural integration
and development of the African/multicultural community in New Brunswick.
The vision of the New Brunswick African Association is to become a leading community organization
that is proactive and innovative in planning, developing, and delivering programs that will meet the
needs of the African community in New Brunswick.
Our reason for approaching you is that we are seeking partnerships with like-minded organizations
in the area, for the first ever pre-Afrofest celebration in Saint John on Saturday July 27th 2019 at the
Kent theater. The New Brunswick Afrofest is the biggest African festival in Atlantic Canada. A
partnership with NB Afro Fest demonstrates your commitment to prosperity in our region and
11 PU
showcases your company as a solution to the challenges of diversity and inclusion in the province.
Last years' 3rd annual NB Afrofest in Dieppe/Moncton was a great success. More than 1000 people
joined us from different communities across Canada to celebrate our diversity and cultures. Artists
from here and other Canadian cities such as Montreal, Ottawa and Toronto came to Dieppe to
perform and showcase their talent giving the crowd a taste of the African culture and heritage. This
year, as we prepare for the 4th annual celebration in October, we would like to start the celebrations
here in Saint John.
Our work is guided by a commitment to the following core values:
-Partnership and capacity building.
-Foster a united African voice in the Canadian public arena.
-Trusting each other and providing a foundation of working with integrity.
-Maintaining a transparent and accountable governance process.
-Commitment to inclusiveness, fairness, equity, collaboration and teamwork.
-Respect and value diversity.
-Inspiring and motivating others.
The benefits for your business of signing up as a partner with the New Brunswick African
Association, would be that we would:
-You will be front and center throughout event, gaining further exposure with local businesses and
partner organizations.
-More closely associate your brand with diversity and inclusion
-Develop an association with community partners
-Showcase your product/brand to a desirable target audience
-Demonstrate and/or use the services/products of your organization at the event
-Have your team join our volunteer team or have a booth during the event
We look forward to hearing from you and learning about the prospective contributions through the
partnership of your organization, that would make this event a success.
Thank You.
Thank you,
Uchenna Mildred Udeh
Leader & Representative
New Brunswick African Association Inc
Saint John Division
Tei: 5066035343
Email: NBAAucheAgmail.com
11!tp.,//www.nbaa.ca/
On Thu, Jun 6, 2019 at 12:14 PM Uchenna. Udeh <nbaaucheiA&Lail.com> wrote:
Hello Jennifer, Thank you for the connection.
Hello Collen, I will send you a separate email for further discussion. Thank you!
2
427
July 8, 2019
Deputy Mayor and Councillors
Subject: Sustainability Report Motions
The Committee of the Whole, having met on July 8th, 2019, adopted the following
resolution:
RESOLVED that Common Council formally request to the Government of New
Brunswick the public release of the Saint John Sustainability Report; after which
Common Council will determine its position on the aforementioned report.
- and -
RESOLVED that Common Council formally request that all parties publically release all
analysis, information and products associated with the work and deliberations of the
Joint Sustainability Working Group.
Sincerely,
Don Darling
Mayor
(P* -
SAINT JOHN
P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1
July 8, 2019
Deputy Mayor and Councillors
Subject: Recommended Appointments to Committees
The Committee of the Whole, having met on July 8th, 2019, adopted the following
resolution:
RESOLVED that the Committee of the Whole recommends that Common Council
make the following appointments to committees:
Community Grants Evaluation — to appoint Amit Tamarak for a three year term from July 8,
2019 to July 8, 2022.
Fort LaTour Development Authority — to appoint Jane Fullerton for a three year term from
August 23, 2019 to August 23, 2022.
Growth Committee — to appoint Councillor David Hickey from July 8, 2019 to the end of his
current term on Council.
PRO Kids — to re -appoint Devin Burnham for a three year term from August 23, 2019 to
August 23, 2022.
Saint John Community Arts Board — to appoint Lisa Hrabluk, Joanna Killen, Suping Shi, and
Trina Thorpe each for a three year term from July 8, 2019 to July 8, 2022.
Saint John Energy — to re -appoint Bill Edwards for a three year term from July 8, 2019 to July
8, 2022; and to re -appoint Stephen MacMackin for a three year term from September 4,
2019 to September 4, 2022.
Saint John Free Public Library — to appoint Mohamed Bagha for a three year term from
August 23, 2019 to August 23, 2022.
GO -
SAINT JOHN
P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1
CP,&01
Saint John Substandard Properties Appeal Committee — to appoint Don Cullinan for a three
year term from July 8, 2019 to July 8, 2022.
Sincerely,
r
Don Darling
Mayor
SAINTJOHN PO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1771 Saint John, .-B. Canada E2L 4L1
1119191
July 8, 2019
Deputy Mayor and Councillors
Subject: South Bay Wellfield
RESOLVED that as recommended by Committee of the Whole, having met on June
24th, 2019:
1. Pursuant to its contractual obligations, The City of Saint John provide 30 days'
notice to BGC Engineering Inc. of termination of its contract with the City relating
to the Hydrogeological Assessment of the South Bay Wellfield; and further,
2. That the City of Saint John initiate the Dispute Resolution Process leading to
arbitration under the contract between the City and BGC Engineering Inc. relating
to the Hydrogeological Assessment of the South Bay Wellfield.
3. That the City of Saint John retain Torys LLP for legal services required in relation
to the South Bay Wellfield for an amount not to exceed $275,000 plus HST and
disbursements.
Sincerely,
r
Don Darling
Mayor
GO -
SAINT JOHN
P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1
C19lil
July 8, 2019
Deputy Mayor and Councillors
Subject: Pension Plan Analysis Project
The Committee of the Whole, having met on July 8th, 2019, adopted the following
resolution:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2019-172 Pension Plan Affordability Analysis Project, the Committee of the Whole
recommends that Common Council approve a maximum of $70,000 be allocated
from the Restructuring Reserve Fund to support the Pension Plan Affordability
Analysis Project.
Sincerely,
Don Darling
Mayor
GO -
SAINT JOHN
P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1
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