2017-04-03_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, April 3, 2017
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser I'entree Chipman Hill
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 March 20, 2017 1 - 10
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Saint John Parking Commission: Authorization of David Macdonald Canadian
Corps of Commissionaires to Lay Information in Provincial Court
(Recommendation in Report)
5.2 S. Stashick: Support for MoveSJ (Recommendation: Receive for Information) 12-12
5.3 C & M Osbome: Demolition of Jelly Bean Houses on Wellington Row 13-15
(Recommendation: Receive for Information)
5.4 Citizen Petition - Historic Jelly Bean Houses (Recommendation: Receive for 16-21
Information)
5.5 Town of Rothesay: Municipal Support to establish a Foreign Trade Zone (FTZ) in 22-22
Greater Saint John (Recommendation: Receive for Information)
5.6 The Hearts of Healthcare Team - Request for Sponsorship (Recommendation: 23-23
Receive for Information)
1 Poeta Sy: (L
5.7
FCM Legal Defense Fund (Recommendation: Refer to City Manager)
24-26
5.8
Contract No. 2017-08: Clyde Street Sanitary Sewer Installation
27-29
(Recommendation in Report)
5.9
Agreement with J. D. Irving, Limited - Fence Construction on a Municipal
30-35
Services Easement (PID # 55151245) (Recommendation in Report)
5.10
Engineering Services - West Side Sanitary Sewer and Storm Water Model
36-39
Development (Recommendation in Report)
5.11
Proposed Public Hearing Date - 307 Westmorland Road and 126-132 Station
40-42
Street and 39 Sewell Street (Recommendation in Report)
5.12
Public Information Session: Curve Avenue - Water, Sanitary, Storm and Street
43-45
Reconstruction (Recommendation: Receive for Information)
5.13 Public Information Session: Pokiok Road and McLellan Street - Water, Sanitary, 46-48
Storm and Street Reconstruction (Recommendation: Receive for Information)
5.14 Contract No. 2017-09: Fallsview Drive - Water Service Extension 49-51
(Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 Canadian Oncology Nursing Day - April 4, 2017 52-52
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
10. Consideration of By-laws
10.1 Supplementary Report Proposed Amendments to the Saint John Heritage 53-95
Conservation Areas Bylaw (3rd Reading)
11. Submissions by Council Members
11.1 Video of Open Council Meetings (Councillor Sullivan) 96-96
12. Business Matters - Municipal Officers
12.1 Zoning By -Law Text Amendments related to Medical Marijuana Production 97-101
Facilities
12.2 2017 Roadway Construction Projects 102-111
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
K
15. General Correspondence
15.1 Portage Atlantic Treatment Center - Request to Present 112-112
16. Supplemental Agenda
17. Committee of the Whole
17.1 Settlement Recommendation Employee No. 9372 113-113
18. Adjournment
K3
City of Saint John
Common Council Meeting
Monday, April 3, 2017
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 10.(2)(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
5:00 p.m., 8th Floor Boardroom, City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Personnel Matter 10.2(4)0)
C!
Ville de Saint John
Seance du conseil communal
Le fundi 3 avril 2017
18 h, Salle du conseil
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous avez besoin des services en fran�ais pour une r6union de Conseil Communal,
veuillez contacter le bureau de la greffiere communale au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en
prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le
conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique
17 h — Salle de conf6rence, 8e 6tage, h6tel de ville
1.1 Approbation du proces-verbal — paragraphe 10.2(4)
1.2 Question relative au personnel — alinea 10.2(4)j)
S6ance ordinaire
1. Ouverture de la s6ance
2. Adoption du proces-verbal
2.1 Proces-verbal du 20 mars 2017
3. Adoption de Pordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Commission sur le stationnement de Saint John : autorisation de
David Macdonald, membre du Corps canadien des commissaires,
concernant le dep6t des sommations a la Cour provinciale
(recommandation figurant au rapport)
5.2 S. Stashick : soutien d'EnMouvementSJ (recommandation : accepter a
titre informatif)
5.3 C & M Osborne: d6molition de maisons « Jelly Bean » dans le rang
Wellington (recommandation : accepter a titre informatif)
5.4 Petition des citoyens — Maisons « Jelly Bean » patrimoniales
(recommandation : accepter a titre informatif)
5.5 Ville de Rothesay : soutien de la municipalit& pour 1'&tablissement d'une
zone franche (FZ) dans la r6gion du Grand Saint John (recommandation
accepter a titre informatif)
5.6 Equipe The Hearts of Healthcare — Demande de commandite
(recommandation : accepter a titre informatif)
5.7 Fonds de d&fense juridique de la F&d&ration canadienne des municipalit&s
(FCM) (recommandation : transmettre au directeur g&n&ral)
5.8 Contrat ri 2017-08 : Installation des &gouts sanitaires de la rue Clyde
(recommandation figurant au rapport)
5.9 Entente avec J.D. Irving, Limited — Construction d'une cl6ture sur une
servitude pour services municipaux (NID 55151245) (recommandation
figurant au rapport)
5.10 Services d'ing&nierie — Elaboration d'un mod&le pour les &gouts sanitaires
et les eaux pluviales du quartier West Side (recommandation figurant au
rapport)
5.11 Date pr&vue d'une audience publique relativement au 307,
chemin Westmorland, au 126-132, rue Station et au 39, rue Sewell
(recommandation figurant au rapport)
5.12 S&ance d'information publique : Avenue Currie — Conduite d'eau, &gouts
sanitaires et pluviaux, et travaux de r6fection de la rue (recommandation
accepter a titre informatif)
5.13 S&ance d'information publique : chemin Pokiok et rue McLellan —
Conduite d'eau, &gouts sanitaires et pluviaux, et travaux de r6fection des
rues (recommandation : accepter a titre informatif)
5.14 Contrat ri 2017-09 : promenade Fallsview — Prolongement du service
d'eau (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
7.1 Journ&e annuelle des soins infirmiers en oncologie du Canada —
4 avril 2017
8. D616gations et pr6sentations
9. Audiences publiques —18 h 30
10. Etude des arret6s municipaux
10.1 Rapport complementaire : Projet de modification de 1'Arrete concernant
les aires de conservation du patrimoine de Saint John (troisieme lecture)
11. Interventions des membres du conseil
11.1 Video des seances publiques du conseil (conseiller Sullivan)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Modifications au texte de 1'Arrete de zonage relatif aux installations de
production de marijuana therapeutique
12.2 Projets de construction d'une route pour 2017
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a Papprobation du conseil
15. Correspondance generale
15.1 Centre de traitement de Portage Atlantique — Demande visant a se
presenter levant le conseil
16. Ordre du jour supplementaire
17. Comite plenier
17.1 Procedure de reglement recommandee concernant le numero d' employe
9372
18. Levee de la seance
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MARCH 20, 2017 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor D. Darling
Deputy Mayor S. McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 John MacKenzie
Councillor Ward 2 Sean Casey
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Regrets: Councillor Ward 4 Ray Strowbridge
Also
Present: City Manager J. Trail
Deputy City Manager, N. Jacobsen
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner Growth and Community Development J. Hamilton
Commissioner Finance and Administrative Services K. Fudge
Commissioner Saint John Water B. McGovern
Common Clerk J. Taylor
Administrative Officer R. Evans
1. Call to Order
The Mayor called the meeting to order.
2. Approval of Minutes
2.1 Minutes of March 6, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the minutes of the meeting of Common Council, held on March 6,
2017 be approved.
MOTION CARRIED.
3. Approval of Agenda
17.1 Insurance Services; 17.2 Saint John Energy Optimization; 17.3 Letter of
Support for Extended Hours at Local Bars; and 17.4 Letter of Support to ACOA for
Funding for Market Square Boardwalk Stage.
4. Disclosures of Conflict of Interest
(Councillor Armstrong entered the meeting.)
S. Consent Agenda
5.1 That the submitted report M&C2017-067: Public Information Session:
Morna Heights and Greenwood Subdivision - Wastewater Treatment Facilities
Upgrades, be received for information.
5.2 Refer to Item 14.1
5.3 That as recommended by the City Manager in the submitted report M&C
2017-064: Designation of Inspection Officer, Common Council adopt the
following:
RESOLVED that:
1. WHEREAS the Common Council of The City of Saint John has enacted certain
by-laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c.
C-12, and amendments thereto, (the "Community Planning Act") including the
Saint John Building By-law, By-law Number C.P. 102 and amendments thereto,
and it may from time to time be necessary to make inspections for the
administration of this By-laws;
AND WHEREAS subsection 92(1) of the Community Planning Act provides that a
council may authorize persons to enter at all reasonable times upon any property
within its jurisdiction for the purpose of making any inspection that is necessary
for the administration of a by-law:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett, who is a City
Inspector, is hereby authorized to enter at all reasonable times upon any
property within the territorial boundaries of the City of Saint John for the
purpose of making any inspection that is necessary for the
administration of the Saint John Building By-law, effective immediately,
and this authorization shall continue until he ceases to be an employee
of the Growth and Community Development Services department of The
City of Saint John or until rescinded by Common Council, whichever
comes first.
2. WHEREAS the Common Council of The City of Saint John has enacted certain
by-laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c.
C-12, and amendments thereto, (the "Community Planning Act") including the
Saint John Building By-law, By-law Number C.P. 102, and amendments thereto,
and it may from time to time be necessary to make orders for the administration
of these By-laws;
WHEREAS subsection 93(1) of the Communitv Plannina Act provides that a council
remove the contravention, or the doing of anything required to restore the land,
building or structure to its condition immediately prior to the undertaking of such
development:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett who is a City
Inspector, is hereby authorized to, when a development is undertaken in
contravention of the Community Planning Act, the Saint John Building
By-law or the terms and conditions imposed on the development, order
the cessation of the development, alteration of such development so as
to remove the contravention, or the doing of anything required to
restore the land, building or structure to its condition immediately prior
to the undertaking of such development, effective immediately, and this
authorization shall continue until he ceases to be an employee of the
Growth and Community Development Services department of The City of
Saint John or until rescinded by Common Council, whichever comes first.
3. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By-
law, By-law number M-14, provides that Common Council may for the purposes
of the administration and enforcement of the said by-law, appoint inspection
officers who may exercise such powers and perform such duties as may be set
out in the said by-law and/or the Residential Properties Maintenance and
Occupancy Code Approval Regulation — Municipalities Act and/or the
Municipalities Act:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett is hereby
appointed as an inspection officer with respect to the enforcement of
the Saint John Minimum Property Standards By-law which received first
and second reading by Common Council on August 18, 2008 and third
reading on September 2, 2008, being enacted upon approval by the
Minister of Local Government, and/or the Residential Properties
Maintenance and Occupancy Code Approval Regulation — Municipalities
Act and/or the Municipalities Act, and this appointment shall continue
until he ceases to be an employee of the Growth & Community
Development Services department of the City of Saint John or until it is
rescinded by Common Council, whichever comes first.
4. WHEREAS the Common Council of The City of Saint John has enacted certain
by-laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22,
and amendments thereto, (the "Municipalities Act") including the Saint John
Unsightly Premises and Dangerous Buildings and Structures By- law, By-law
Number M- 30 and amendments thereto, and it may from time to time be
necessary to make inspections for the administration of the By-law;
AND WHEREAS subsection 102.1(1) of the Municipalities Act provides that a
council may authorize officers to enter at all reasonable times upon any property
within its jurisdiction for the purpose of making any inspection that is necessary
for the administration the By-law:
NOW THEREFORE BE IT RESOLVED, that Gary Bennett, City
Inspector, is hereby appointed as an inspection officer and
authorized to enter at all reasonable times upon any property
within the territorial boundaries of the City of Saint John for the
purpose of making any inspection that is necessary for the
administration of the Saint John Unsiahtly Premises and
Municipalities Act, effective immediately, and this authorization
shall continue until he ceases to be an employee of the Growth
and Community Development Services department of The City
of Saint John or until rescinded by Common Council, whichever
comes first.
5.4 That as recommended by the City Manager in the submitted report M&C
2017-058: Spring 2017 Debenture Application:
Whereas occasion having arisen in the public interest for the following public civic
works and needed civic improvements, that is to say:
[e1;1►1;1CL1Nto] ►U7
Protective Services $ 500,000
Transportation Services $ 3,700,000
Economic Development $ 300,000
Parks and Recreation $ 500,000
$ 5,000,000
TOTAL $ 5,000,000
1. Therefore resolved that debentures be issued under provisions of the Acts
of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto
to the amount of five million dollars ($5,000,000).
2. Commissioner of Finance be authorized to issue and to sell to the New
Brunswick Municipal Finance Corporation (the "Corporation") a City of
Saint John bond or debenture in the principal amount of five million
dollars ($5,000,000) at such terms and conditions as are recommended by
the Corporation.
3. Commissioner of Finance be authorized to pay principal and interest
charges on the above bond or debenture to the Corporation.
4. And further that the Commissioner of Finance be hereby authorized to
receive an offer in connection with the foregoing debenture at a price not
less than $98 per $100 of debenture, at interest rates not to exceed an
average of 4.50% and at a term not to exceed 15 years for the issue
related to the General Fund.
5. And further that the Commissioner of Finance report to Common Council
the exact values for price per $100 of debenture, interest rate and term in
years, together with the date of the issue.
5.5 That pursuant to Section 14 of the Police Act of the Province of New
Brunswick, the Common Council of the City of Saint John does hereby appoint the
following member of the Canadian Corps of Commissionaires as By -Law
Enforcement Officer with the responsibility and authority to enforce provisions of
the Parking Meter By -Law and the provisions of Section 5. Section 5.1. Section 7.
ceases to be a member of the Canadian Corps of Commissionaires or until the
appointment is rescinded by Common Council, whichever comes first.
5.6 That the Letter from Port City Water Partners re Upcoming Public
Information Sessions be received for information.
5.7 That as recommended by the City Manager in the submitted report M&C
2017-062: Museum of New York Department of Rights and Reproduction,
Common Council approve the terms of the Permission for Use agreement for the
reproduction of the image of Mayor Gabriel Ludlow for use in a commemorative
booklet for Canada 150 and that the Mayor and Common Clerk be authorized to
execute the Permission for Use agreement.
5.8 That the ARCf request for the City to remove Statues from Harbour Passage
be referred to the City Manager.
5.9 Refer to Item 14.2.
5.10 That as recommended by the City Manager in the submitted report M&C
2017-060: Easement Acquisition — Portion of Civic #491 City Line, Common
Council adopt the following resolution:
1. That the City acquire an Easement for Municipal Services in a 45.40 sq. m
+/- portion of said PID # 389353, for $883.00 upon the terms and
conditions set out in the Agreement of Purchase and Sale attached to
M&C 2017-60; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out for each consent agenda item
respectively, be adopted with the exception of items 5.2 and 5.9 which were
identified for debate.
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6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 Purple Day — March 26, 2017
The Mayor proclaimed March 26, 2017 as Purple Day in the City of Saint John.
8. Delegations/Presentations
9. Public Hearings 6:30 PM
10. Consideration of By-laws
10.1 Proposed Zoning By -Law Amendment —139 Bav Crescent Drive (3rd
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 1,468 square metres, located at 139 Bay Crescent Drive, also
identified as PID Number 00024364, from Rural Settlement Residential (RS) to
Utility Service (US), be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 111-39, 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 Armstrong:
RESOLVED that the bylaw entitled, "By -Law Number C.P. 111-139, 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 1,468 square metres, located at 139 Bay Crescent Drive, also
identified as PID Number 00024364, from Rural Settlement Residential (RS) to
Utility Service (US), be read a third time, enacted and the Corporate Common Seal
affixed thereto.
LTA 100000114Y1:k]k]11191
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-39, A
Law to Amend the Zoning By-law of the City of Saint John".
10.2 Weight Restrictions By -Law Amendment and Agreement (1St and 2nd
Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a
By -Law Respecting Weight Restrictions within The City of Saint John enacted
under the Authority of Section 262(1) of the Motor Vehicle Act, amending
Schedule A Connection Routes, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "By -Law Number MV -17 A Law to
Amend a By -Law Respecting Weight Restrictions within The City of Saint John
enacted under the Authority of Section 262(1) of the Motor Vehicle Act".
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number MV -17 A Law to Amend a
By -Law Respecting Weight Restrictions within The City of Saint John enacted
under the Authority of Section 262(1) of the Motor Vehicle Act, amending
Schedule A Connection Routes, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "By -Law Number MV -17 A Law to
Amend a By -Law Respecting Weight Restrictions within The City of Saint John
enacted under the Authority of Section 262(1) of the Motor Vehicle Act".
11. Submissions by Council Members
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-069: Central Peninsula Neighbourhood Plan Consultant Award,
Common Council:
1. Award planning and urban design consulting services for the Central
Peninsula Neighbourhood Plan to Urban Strategies Inc. at a cost of
$173,840.00 plus applicable taxes; and
2. That the Mayor and Common Clerk be authorized to execute the
consulting agreement.
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12.2 City of Saint John Transportation Strategic Plan Phase 2 Consulting and
Engineering Services
Don Drackley, IBI Group, and Peter Allaby, Crandall Engineering, reviewed the
submitted presentation.
Some Council members expressed concern with providing further funding to the
project at this time.
The City Manager advised that this study was approved in the City's 2017 budget
and that he recommends a tabling motion to allow staff to report back explaining
why stage 2 of this project is necessary.
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that the submitted report M&C 2017-055: City of Saint John
Transportation Strategic Plan Phase 2 Consulting and Engineering Services, be
tabled pending a report from the City Manager.
MOTION CARRIED with Deputy Mayor McAlary and Councillor Norton voting nay.
12.3 Engineering Inspection Services 2017
Responding to a question, the City Manager explained that this matter falls under
the Procurement Act, which defines a local company as a company within the
local province and not municipally located, so preference cannot be given to a
company for being local to Saint John.
Brian Keenan explained that the City often engages companies on a rotational
basis and that a company can refuse if they do not have staff available at the
time.
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-057: Engineering Inspection Services 2017, Common Council authorize
staff to establish supply agreements with the seven consulting firms noted in the
report, at the hourly rates provided in this report totaling $435,000 plus HST for
the provision of engineering inspection services for 2017 Capital Program
projects.
MOTION CARRIED.
14.1 Materials Testing and Construction Inspection Services for 2017 and 2018
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-056: Materials Testing and Construction Inspection Services for 2017
and 2018, the proposal from Stantec Consulting Ltd., for Material Testing and
Construction Inspection Services for 2017 and 2018 in the amount of $725,801.35
including HST be accepted and that the Mayor and Common Clerk be authorized
to execute the appropriate documentation in that regard.
MOTION CARRIED with Councillors Armstrong, Lowe, and Merrithew voting nay.
14.2 Long Term Disability Group Insurance Policy, Great West Life Assurance
Company
Moved by Councillor Sullivan, seconded by Councillor Merrithew:
RESOLVED that as recommended by the City Manager in the submitted report
M&C 2017-061: Long Term Disability Group Insurance Policy, Great West Life
Assurance Company, the Mayor and Common Clerk be authorized to execute the
Long Term Disability ("LTD") Insurance Policy with Great West Life Assurance
Company for unionized employees of The City of Saint John and the Saint John
Police Commission, further identified by Policy No. 165993GHA, for the period
between January 1st, 2013 and December 31st, 2014, and the amended Policy,
which took effect on January 1st, 2015 (collectively, the "Policy").
MOTION CARRIED.
15. General Correspondence
15.1 NB Power - Licence Renewal Process re Point Lepreau Nuclear Generating
Station
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that Common Council send a letter of support to the CNSC and that
the Mayor and/or Fire Chief provide a verbal submission at the upcoming hearing
for license renewal for Point Lepreau.
MOTION CARRIED.
15.2 Saint John Labour Community Services Worker Appeal Services May Day
Fundraiser Dinner- May 1, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that Common Council purchase a table in the amount of $700 for the
Saint John Labour Community Services Worker Appeal Services May Day
Fundraiser Dinner event.
MOTION CARRIED.
16. Supplemental Agenda
16.1 Provincial Funding for West Side Splash Pad
MOTION CARRIED with Councillors Casey and Merrithew voting nay.
16.2 Duke of Edinburgh Awards
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that Common Council present the Duke of Edinburgh awards at the
April 3rd meeting.
MOTION CARRIED.
17. Committee of the Whole
17.1 Insurance Services
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that as recommended by the Committee of the Whole, having met on
March 20th, 2017, Common Council adopt the following:
1. That the official Agent of Record be changed to JM & CW Hope Grant Ltd.
Effective April 1, 2017;
2. Issue payment to BFL Canada in the amount of $798,285 for insurance
premiums; and,
3. The Agency Fee of $25,400 be split between Hub International Atlantic Limited
and JM & CW Hope Grant Ltd. in the amount of $6,350 payable to Hub
International Atlantic Limited and $19,050 payable to JM & CW Hope Grant Ltd.
MOTION CARRIED.
17.2 Saint John Energy Optimization
Moved by Councillor Sullivan, seconded by Councillor Armstrong:
RESOLVED that as recommended by the Committee of the Whole, having met on
March 20th, 2017, Common Council adopt the following resolution:
RESOLVED that:
The Power Commission of The City of Saint John, doing business as Saint John
Energy (SJE) be requested to undertake due diligence inquiries on behalf of the
City with respect to potential initiatives for revenue generation associated with
electric power, which might come to its attention from time to time, with such
due diligence to proceed with the assistance of such municipal officers and
employees as the City sees fit; and further SJE report to the City in a timely
manner as material information respecting such potential initiatives or the results
of the aforesaid inquiries is available.
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17.3 Letter of Support for Extended Hours for Local Bars
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that as recommended by the Committee of the Whole, having met on
March 20th. 2017, Common Council authorize the Citv to provide a letter of
MOTION CARRIED.
17.4 Letter of Support for ACOA Funding for New Boardwalk Stage
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that as recommended by the Committee of the Whole, having met on
March 20th, 2017, Council send a letter of support for the application by North
Market Wharf Cultural Association to ACOA for funding for a new stage at the
boardwalk.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Sullivan, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on March 20, 2017 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:15 p.m.
Mayor/ maire
Common Clerk / greffier communal
sur
Commission
r. +i
March 20, 2017
Jonathan Taylor
Common Clerk
City of Saint John
8th Floor, City Hall
Saint John, NB
Dear Mr. Taylor,
RE: Authorization of David Macdonald
Canadian Corps of Commissionaires
To lav information in Provincial Court
11th Floor, City Hall, 11 i6me Etage, HBtel de Ville
P.O. Box 1971 / C.P. 1971
Saint John, N.BJN.-B. F2L 41-1
Tel/ T6I: (506) 658-2897
Fax / Te16copieur: (506) 649-7938
E-mail / Courriel: parking@saintjohn.ca
We are requesting that the following resolution be presented to Common Council
for approval:
"Resolved that David MacDonald is hereby designated and
authorized to lay informations in the Provincial Court of the
Province of New Brunswick for breach of the Saint John Parking
Meter By -Law and the Saint John Traffic By-Law.as By -Law,
And further that this authorization shall continue until such time as
the appointee ceases to be a member of the Canadian Corps of
Commissionaires or until the authorization is rescinded by Common
Council, whichever comes first."
"Yours truly,
Marc Dionne
Operations Manager
Saint John Parking Commission
11
www.saIntjohn.ca
An Open Letter to Saint John Common Council re: MoveSJ
Saint John City Council
15 Market Square
Saint John, NB E21_41_1
Dear Mayor and Council:
I am writing to express my support for the continuation of the MoveSJ process, and ask that you vote to
complete the initiative as quickly as reasonably possible. I understand that some of you have heard from
residents who feel differently; I and many like me believe that completing a Strategic Transportation
Plan for our city is an essential step toward developing a sustainable, liveable community that is well-
positioned for economic success.
Many of you referred to the consultants working on this initiative as architects in last week's meeting.
This is an apt choice of words, since this process is very much like building a house — one for you and
your 67,000 extended family members, as well as the many, many others that will come along in the
next 25 years. If you decide not to continue MoveSJ, it will be like deciding to build that house without
an architect's design. I'm sure you all know some horror stories about people who have attempted
construction without the guidance of an experienced expert.
Some of you expressed concern about the order of the various activities planned for each remaining
phase of MoveSJ. You seemed to want to reorder some of those activities, based on complaints from
your constituents. I am also your constituent, and after reviewing the Phase 1 presentation, I believe the
idea of creating a robust Demand Forecasting Model before proceeding to the decision-making phase
makes perfect sense. The same as it makes sense to generate a materials list and get estimates from
contractors before the first foundation block is laid or first nail driven.
Some of you shared your deep distress for the cost of the MoveSJ initiative. Would you invest in shingles
before you knew the dimensions your roof? Would you buy gallons of paint, before you knew the square
footage of your walls? Your staff all expressed their support for MoveSJ because they know the
importance of having a solid, actionable roadmap to follow before spending a cent of your Capital
Budget. I believe this investment in MoveSJ will save all of us a lot of money, many times over, by
avoiding poor transportation decisions over the next generation of this city.
When the benefits vastly outweigh the risks, it's pretty easy to make a good decision. Completing
MoveSJ is a good decision. Please do what's best for all of us and support this critical initiative.
Sincerely;
Sara Stashick
1-155 King St. East
Saint John, NB E2L 1G9
12
Formai Letter to Common Council
City of Saint John
15 Market Square
PO Box 1971
Saint John, NB
E21_41_1
Demolition by Neglect
March 23rd, 2017
An open Letter to Mayor and Council Regarding the 'Jelly Bean Houses' of Wellington Row.
Today, members of the Osborne family write to you to express our thoughts regarding the recent
announcement to demolish the well-known "Jelly Bean Houses" of Wellington Row in the city's uptown.
Many people, my family included were not aware of the pending demolition until a recent news story.
We write this letter to implore you to reconsider and offer these buildings up for private sale to any
party interested in their refurbishment or preservation of their facades. We understand organizations
had previously been given consideration, but we find this to be lacking. The properties were purchased
by the city while still inhabited and their current state is a direct result of the lack of action. We ask the
current Mayor and Council to have vision, be leaders and ACT, because Action Changes Things!
Significance — These structures are a fine example of some of the designs found in Pre -Great Fire Saint
John, and blend well into the streetscape next to Loyalist House and Stone Church. These properties
avoided the Great Fire of 1877, and this year marks the 140th anniversary of that great disaster. Their
ornamentation is that of a bygone era, when true craftsmen lived and worked in our fair city. Our brick
buildings in the uptown garner much attention, but there are far fewer early pre -fire wooden structures
left that represent this period so well and in such a prominent location near a well-known tourist
attraction. These structures were built by 1st and 2nd generation Saint Johner's and are in a prime
location across from the Loyalist House to further tell the story of the development of our city. Walls a
little further down Wellington Row and one can then interpret to visitor and locals alike the other
building techniques of the 191h Century. On this corner alone we have structures of such diverse design,
construction and heritage, that it should be top of the list for preservation.
St. John's Newfoundland is well-known for its colourful yet less architecturally decorative structures,
structures which are used extensively in promoting tourism and resettlement. As each year passes with
fewer and fewer heritage structures, what will keep the tourists and cruise ship passengers coming back
to Saint John? Our streetscapes have more value than many locals often given them credit for. Our city
has featured in numerous photographs, postcards, magazines and film productions for many years. If
the unique heritage buildings were all gone or heavily segmented by more plain modern structures,
would it still be so attractive for visitors, tourists and the film industry?
Dollars and Sense — My family and I do not support the expenditure of an estimated one hundred
forty-five thousand dollars to destroy the heritage of this city. Furthermore, the development that Saint
John Non -Profit Housing is proposing is far from becoming a reality, and will require even more public
funding, of which this area is already in very short supply. Offering these properties up for sale to
parties interested in refurbishing and repurposing them not only is logical, but would save the city
thousands of dollars in demolition costs. 13
The 'Too Expensive To Fix' argument, is one which has plagued our city time and again. An expression
which has little substance, given the fact that there have been at least two previous privately funded
proposals turned down by past sittings of council, both of which were recommended by City Staff.
Private funds want to do the work, but perhaps public funds are too easy to spend?
The sale of these buildings could provide a little more funding to a cash-strapped city budget. The
funds earmarked for their demolition could be instead directed to Saint John Non -Profit Housing for use
in the construction of their development elsewhere in our city. There were and I wager still are private
individuals and developers who were willing to invest private money to restore these buildings to their
former glory, so spend not our tax dollars in haste!
Connections and Questions — Many coffee-house rumors have recently raised questions which have
not been properly answered to many locals, such as to the nature of this property deal brokered with
Saint John Non -Profit Housing. Most directly a well-known Saint John Non -Profit Housing board
member is Shirley McAlary, a sitting and current voting member of common council. Therefore, does
this not raise a conflict of interest question?
Additionally, further questions have been raised by a prominent local citizen in regards to the previous
offer process, which was opened a few years ago on these properties. We are to understand that based
on what has been said and printed publicly, that due process was not given to a number of proposals
which were brought forward, and in fact some were turned away at the door. Why would a cash-
strapped city council consider spending in excess of one hundred and forty thousand dollars to clear the
way for a development which lacks proper and secured funding and does not fit ii in with the
neighbourhood or streetscape?
It is highly likely that after demolition this property will remain as a vacant property or parking lot for
an extended period of time. Is it the intent of council to create a feeling of a bombed -out or dying city
with all the vacant properties? Why also has Saint John Non -Profit Housing not been given one of the
many other vacant lots in the city on which to build? These questions and many more need answers,
clear and direct.
Finally, the lack of consideration and vision shown in a recent statement to media by our Mayor, could
be interpreted as a contempt for the heritage of our city, a city in which more than six generations of my
family have lived, worked and played. A good number of your citizens are asking for further
consideration on this issue, and all of council including the mayor has been elected to represent them
properly.
Recent Comparison — Previous councilor Bill Farren fought to have Max Kotlowski's proposal for the
then vacant Falls Restaurant properly considered. This resulted in the building receiving a full
renovation. Had he not stood against the plans to demolish that city owned structure, it would have
been demolished at great cost to the taxpayers, and we would have lost another of our local points of
interest. Further, the Boaz restaurant owners who fought against Max's proposal were already at a
point of closure, so we would have had one vacant building and one costly vacant piece of land to deal
with.
Fabric of the Area— While recent demolitions and developments in this area of the uptown have
changed the area greatly, these structures serve to represent the original feeling of the city which was
built from wood, not brick. What is proposed to replace them could not compare to their attractive
character and charm, and would make loyalist House seem even more out of place than it already does
with the towering new facades around it. Preserving this little corner of our city is a simple logical
decision, one that will have long-term benefits for fuiwe generations.
Location of Non -Profit Housing — Is this the ideal location for non-profit housing? We say'no', and for
a number of reasons. Firstly, we compare the surrounding neighbourhood uses, and it does not fit. It is
neither a business, nor a heritage structure, nor a government building. Then we look at the location of
a liquor store directly across from a proposed non-profit (low-income) housing development, which
would be backed by the Saint John Police Force and Provincial Court Buildings and we find it sends
absolutely the wrong message! Furthermore, the location directly across from one of the most visited
tourist attractions in the city does not fit. The current structures harmonize well with one another,
whether the Loyalist house, the old Synagogue or Stone Church.
Legacy of Mayor and Council — A previous council decision to purchase the properties for use in the
Peel Plaza development was the initiation of the demise of these structures, followed by a true
abandonment and lack of maintenance by the city after purchase. Followed later by a lack -luster effort
to liquidate the properties and now a short-sighted decision to demolish something that has stood the
test of time for over 150 years. Let it be known that this Mayor and Council, during the celebration of
the 1501' anniversary of Confederation of our great country, are wholly responsible for the final
destruction of such significant pre -confederation structures as these. Instead let us make it known that
these pre -confederation homes were saved on the 1501h anniversary of confederation!
Support— We fully support the construction of more Non -Profit housing in our community, but not at
the expense of some of the city's best-known heritage buildings and not in this location. We are asking
Mayor and Council to instead save our municipal funds and give Saint John Non -Profit housing one of
the already vacant lots in the city on which to build their proposed project.
Last Chance to Stay the Executioner-- We ask that Mayor and Council halt the demolition and
immediately open the properties to offers from interested parties, with the stipulation that the street -
ward facades remain intact for future generations of our locals and the many visitors to our city. What
minimal additional costs would the city incur for a stay of execution of perhaps six months? Giving time
to potential private individuals, developers and entrepreneurs to consider, plan and make offers?
A well announced public offering for sale, along with proper media coverage is requested by your
constituents, before crushing our `Jelly Beans'.
Best Regards,
Christopher & Melissa Osborne - Local Residents
480 Dwyer Rd
Saint John, NB
E2M 4T5
15
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LE� 113"
1,11"AR 2 7' 2017
We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plan to tear them down by Saint John Non -Profit Housing (SJNPH)
who have not raised the $5million they need to build an apartment complex.
We call for a Public Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste of
taxpayer money; why interested developers were excluded and not responded to.
NAME
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plan to tear them down by Saint John Non -Profit Housing (SJNPH)
who have not raised the $5milllion they need to build an apartment complex.
We call for, a Public Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste of
taxpayer money; why interested developers were excluded and not responded to.
17
A : MAYOR DARLING: RESCUE SAINT JOHN HISTORIC J:ELLYBEAN HOUSES
We support the rescue of Saint John's historic Jelllybean Houses on Wellington
Row by a developer.
We reject the plan to tear them down by Saint John Non -Profit Housing (SJNPH)
who have not raised the 5million they need to build an apartment complex.
We call for a Public Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste of
taxpayer money; why interested developers were excluded and not responded to.
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plan to tear, them down by Saint John Non -Profit Housing (SINPH)
who have not raised the 5million they need to build an apartment complex.
We call' for a Public Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste of
taxpayer money; why interested developers were excluded and not responded to.
NAME
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plain to tear them down by Saint John Non -Profit Housing (SJNPH)
who have not raised the $5million they need to build an apartment complex.
We call for a Public Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste, of
taxpayer money; why interested developers were excluded and not responded to.
NAME
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We support the rescue of Saint John's historic Jellybean Houses on Wellington
Row by a developer.
We reject the plan to tear them down by Saint John Non -Profit Housing, (SJNPH)
who have not raised the $5million they need to build an apartment complex.
We call for a Public Enquiry into why Saint John City Council did not proceed with
a developer since 2013, why they paid approx. $200,000 to buy one of the
Jellybean houses that was occupied, to tear it down, who approved this waste of
taxpayer money; why interested developers were excluded and not responded to.
NAMIE
SIGNATURE
NAME
SIGNATURE
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21
17 March 2017
To Whom It May Concern -
70 Haimpton Road
Rothesay, NB
Canada E2E 5L5
T: 506-848-6600
F:506-848-6677
Rothesay@iothesay.ca
wwwxothesay,ca
-6-S A 02-13 - IIMM i
Rothesay Council is pleased' to provide its support, along with its regional partners, to
the establ'ishment of a Foreign Trade Zone (FTZ) in the greater Saint John region.
Enterprise Saint John is the lead economic agency for the greater Saint John area,
serving the municipalities of Grand Bay -Westfield, Quispamsis, Rothesay, St. Martins
and Saint John. Its mission is to connect people, ideas and investments to turn industry
opportunities into economic growth.
Under the leadership of Enterprise Saint John, the greater Saint John region is well-
positioned to realize the benefits of this designation to promote its vision for the region
to become Canada's most connected community where industry, ideas and investments
come together to drive economic prosperity.
Rothesay Council recognizes the importance of this designation in providing a single
point of access to federal government programs, point of coordination with Provincial
and local programs and services and access to financial support for marketing efforts,
This tool will facilitate the expansion of New Brunswick based businesses- attract
foreign investment to the region; and increase import/export activity. The end result will
be enhanced economic growth, job creation and prosperity for the greater Saint John
region.
Sincerely,
Dr. Nancy Grant
Mayor
cc. Honourable Rick Doucet, Government House Leader
n ling„ htb
-ld, fif
ayo r �, 6 04 q
Mayor Gary Clark, Quispamsis
Mayor Grace Losier, Grand Bay -Westfield
Mayor Bette Ann Chatterton, St. Mai -tins
Steve Carson, Chief Executive Officer — Enterprise Saint John
Explore our past Explorez notre pass6
Discover your future D6couvrez votre ave nir
Grand Bay-Wesffield - QUlSparnSiS R1-22say - SL WFOnS - SainL John
MAR 2 2 201?
To Whom It May Concern,
Healthcare is a basic necessity of life, without it many would be found surrounded in despair and
tragedy. G- reater than 40% of the population of Guatemala faces t.he horrid reality of no access to
healthcare each day,. For them a simple common cold, easily treated, could mean tragedy, Our
mission as the Heuts of Healthcare team is to use our knowledge and training in nursing to help
heal and to help these people achieve an optimal state of health.
We are a group of five students enrolled in the Third year of the Bachelor of Nursing program at
the University of New Brunswick Saint John who have a heart for helping heal others in
impoveris,hed situations, In April of 2017 we will be travelling to Guatemala for two weeks to
provide healthcare to small, rural communes. This includes but is not limited to vaccinations,
assisting in labour and delivery, treating wounds and assessing illnesses. The care we will be
doing in Guatemala will be teaching us new ways to care for our community members in Saint
John, New Brunswick. We are very passionate about thiswork, however in order to pursue our
mission we require financial sponsors to parmerAith us on thisjoumey to save: lives.
Our financial goal is to raise $10,000 to cover travelling expenses for each team member and to
purchase medications and supplies to treat those in the communities, If preferred, your
sponsorship would be advertised. on our Facebook page, website and other social media. Also if
preferred:, you would also be listed as a sponsor advertised on all of our programs in upcoming
events, The ability of our group to continue pursuing this initiative is because of our financial
iwwiwtS Mwetedi'WE0 ir mission, Thank Wou in advance for Wour contribution to healing those
In poverty. We thank you for your time and consideration.
Katelyn Gowlett
Presideni Qf The Hearts of Healthcare Team
Telephone: (506) 609-0870
E, -Mail: unbsjnursitigtrip@gmail.com
W
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March 17, 2017
Dear Mayor and Members of Council,
.�4i �J
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For the past 20 years, FCM's Legal Defense Fund has been a critical tool in defending the national
legal interests of Canada's municipalities. When a member calls on FCM to intervene in a court
case of national importance, it's the Legal Defense Fund that makes this support possible. The
Fund has been instrumental in setting important legal precedents on a number of issues that are of
crucial importance to all municipalities. These include rights-of-way management, payments in lieu
of taxes, environmental protection as well as the constitutional ability of municipalities to exercise
their legislative powers.
After years of activity, FCM's Legal Defense Fund has been fully depleted. Now we need
municipalities like the City of Saint John to help restore the long-term health of the Fund.
A robust Legal Defense Fund is more important than ever. As courts — particularly the Supreme
Court — become more strict with regard to the number of intervening parties they will allow in any
given case, FCM is consistently recognized as the sole municipal intervener in cases with national
implications. That means the Fund is the most certain and cost-effective way of protecting
municipal legal rights in bodies such as the Courts of Appeal (provincial and federal), the Supreme
Court of Canada and administrative bodies like the CRTC. While the Fund is used specifically for
costs incurred directly by FCM, its influence in setting national legal precedents benefits every
municipality in Canada. A recapitalized Fund will enable FCM to continue its longstanding efforts to
maintain adequate municipal control over local rights-of-way and to maximize cost -recovery —
while also bringing the municipal voice to a broad range of legal issues. What's more, it will support
a growing demand for FCM to seek out proactive legal opinions on emerging policy issues, such as
marijuana legalization. This will help provide all municipalities with the best legal advice available at
a fraction of the cost, while contributing to the development of a united municipal response on
national issues.
FCM has established a long-term strategy to recapitalize the Legal Defense Fund annually —
beginning with an immediate call for contributions to cover ongoing legal costs. While support is
voluntary, we strongly encourage members to contribute. FCM's Board of Directors has established
a set contribution formula of 2 cents per capita. Enclosed is a voluntary invoice that indicates the
City of Saint John's proposed contribution for this year. This amount can be changed based on your
budgetary situation. Starting next fall, municipalities will be invited to make an annual voluntary
contribution to the long-term viability of the Fund as part of FCM's yearly membership drive.
All of us have a role to play in advancing the legal interests of Canada's municipalities. Thank you
in advance for your immediate and ongoing support of the Legal Defense Fund. For more
information, visit the membership page at fcm.ca or email info(Mcm.ca.
Sincerely,
CAA "
Clark Somerville
FCM President
0
cn
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FCM
Trail, Jeff
City of Saint John
15 Market Square
Saint John, New Brunswick /
Nouveau -Brunswick E21L 4L1
Legal Defense Fund/Fonds de d6fense
iundiaue
JXJ z I
By cheque payable to:
Federation of Canadian Municipalities
Par ch6que h l'ordre de:
Fdd6ration canadienne des municipalitds
24, rue Clarence Street
Ottawa, Ontario KIN 5P3
HST #/ No. de TVH: 11891 3938 RT0001
QST # f No. de TVQ-. 1202728231 DQ0001
Invoice / Facture
Invoice / Facture: ORD-04502-Y5HIL1
DATE: 03/01/2017
ACCOUNT/COMPTE: 91
DUE DATE/DATE 04/01/2017
LIMITE:
QT—Y—/QIE RAuT-E/TAUX JAW _TAXE
70,063.00000 $0,0230 $241.72
HSTITVH (15%):
TOTAL:
TOTAL
$1,853.17
$241.72
$1,853.17
By Electronic Funds Transfer/Par transfert
6lectronique de fonds
Royal Bank of Canada (RBC)
90 Sparks St, Ottawa, ON K1P 5T7
Transit Number/Num6ro de transit: 00006
Account Number/Nume'ro de compte: 1006603
accountsreceivable@fcm.ca/comptesrecevables@fcm.ca
25
Ref No. / No. de 91
r6fdrence :
The 2001 decision by the Supreme Court
of Canada in the Spraytech v. Hudson case,
in which FCM intervened on behalf of the
municipal sector, ushered in a new approach
to how courts should interpret the legislative
authority of municipal councils. In that case, the
Supreme Court indicated that courts should
show deference to the choices made by local
elected officials, in this case the Town of Hudson,
Quebec. The Court also indicated that municipal
legislative authority should be interpreted
broadly and that local rules could coexist with
federal regulations. Since then, FCM has
continued to play an active role, as intervener,
in a number of cases where the basic ability of
municipalities to use their legislative powers
has been at stake. Recent examples include
Rogers v. Chateauguay, Windsor v. Canadian
Transit Company (both heard by the Supreme
Court in 2016) and Hamilton v, Canada Post
(Court of Appeal for Ontario in 2016).
1 i'II�UiW 1II III
w�
IIB ISI ,
"The FCM Legal Defense Fund',
a critical role in advancing munio
constitutional and legal interests:
defended the sector's interests i
payments in lieu dispute before
Court of Canada with the federg
regarding the valuation of Halif,4
After a successful SuDreme Cot
was s
. I ........
The deregulation of the telecommunications
sector in 1993 completely changed the ROW
environment overnight. A number of new,
commercially aggressive providers sought quick
access to municipal ROWs to deploy their
networks. Through its Technical Committee on
ROWs (some 40 legal and technical experts
from across the country), FCM has coordinated
the municipal sector's response for 25 years:
development of best practices, information
sharing and active participation in a number
of legal cases. FCM was the Appellant to
the Federal Court of Appeal in the landmark
Ledcor case that established the principle that
municipalities have the right to recover all
incremental costs related to telecommunications
activity on their land. FCM also intervened in
early cases such as the Edmonton LRT tunnels
as well as recent precedent -setting cases:
next -generation access agreements (CRTC
decision in Hamilton v. Bell , the applicability of
general ROW bylaws to federal undertakings
(Court of Appeal for Ontario in Hamilton v.
Canada Post) and the use of bylaws to grant
"consent" under the Telecommunications Act
(brought by Calgary and currently before
the CRTC).
E %:Z S AR E SAY I N iG
E III ii
7►04pal jurisdiction in court is a
u , rpalities to bear on their own —
haller municipalities. That's why
tense Fund is such a critical
ported Fund is key to defending
ots of municipalities of all sizes.
antly recognized by the courts
anal represenMtEve of our
of nat►onal,rtrtance. We need
upport the'1=uhd toensure` that r%
inter}�enet�n, pe,red�„ t setirng
COUNCIL REPORT
M&C No.
2017-073
Report Date
March 21, 2017
Meeting Date
April 03, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Contract No. 2017-08: Clyde Street Sanitary Sewer Installation
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Joel Landers
Brent McGovern/
Brian Keenan
Jeff Trail
RECOMMENDATION
It is recommended that Contract No. 2017-08: Clyde Street — Sanitary Sewer
Installation be awarded to the low Tenderer, Galbraith Construction Ltd., at the
tendered price of $152,820.05 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract No.
2017-08: Clyde Street — Sanitary Sewer Installation to the low Tenderer.
PREVIOUS RESOLUTION
March 6, 2017; 2017 Water & Sewerage Utility Fund Capital Program Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
WA
-2 -
REPORT
BACKGROUND
The approved 2017 Water & Sewerage Utility Fund Capital Program includes
funding for replacement of the existing sanitary sewer on Clyde Street between
City Road and Forest Street.
TENDER RESULTS
Tenders were closed on March 21, 2017 with the following results, including
HST:
1.
Galbraith Construction Ltd., Saint John, NB
$
152,820.05
2.
Midi Construction Ltd., Saint John, NB
$
175,413.87
3.
Fairville Construction Ltd., Saint John, NB
$
176,939.00
4.
Keel Construction Ltd., Grand Bay -Westfield, NB
$
183,147.17
5.
Debly Enterprises Ltd., Saint John, NB
$
215,472.05
6.
TerraEx Inc., Saint John, NB
$
236,679.20
The Engineer's estimate for the work was $196,100.00 including HST.
ANALYSIS
The tenders were reviewed by staff and were found to be formal in all respects.
Staff is of the opinion that the low tenderer has the necessary resources and
expertise to perform the work and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2017 Water & Sewerage
Utility Fund Capital Program. Assuming award of the Contract to the low
tenderer, an analysis has been completed which includes the estimated amount
of work that will be performed by the Contractor and Others.
The analysis is as follows:
Budget $ 270,000
Project net cost $ 162,350
Variance (Surplus) $ 107,650
POLICY—TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of
Council's policy for the tendering of construction contracts, the City's General
Specifications and the specific project specifications.
4.11
-3 -
SERVICE AND FINANCIAL OUTCOMES
The sanitary sewer on Clyde street is in poor condition and requires
replacement. The renewal of the infrastructure will reduce the likelihood of
future service disruptions to the local residents and businesses due to
infrastructure failures.
This project will be completed within the original approved financial budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
Wel
COUNCIL REPORT
M&C No.
2017-81
Report Date
March 27, 2017
Meeting Date
April 03, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Agreement with J.D. Irving, Limited - Fence Construction on a
Municipal Services Easement (PID # 55151245)
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author/Dept. Head
Commissioner
City Manager
Holly Young/Jacqueline
Hamilton
Brent McGovern
Jeff Trail
RECOMMENDATION
That The City of Saint John enter into an Agreement with J.D. Irving, Limited for
the purpose of the constructing a fence on an existing municipal services
easement on PID # 55151245 upon the terms and conditions set out in the
Agreement document attached to M&C 2017-81; and
That the Mayor and Common Clerk be authorized to execute all required
documentation.
EXECUTIVE SUMMARY
J.D. Irving, Limited (Owner) has requested permission from The City of Saint John
(City) to construct an 8 foot high chain link fence on the northern boundary of
the City's easement on PID # 55151245 adjacent to Consumers Drive for the
purposes of extending their existing garden centre area. This area is being
extended on lands owned by the Owner, subject to the municipal services
easement vested in the City. The City is willing to enter into an Agreement with
the Owner to allow the chain link fencing on the City's easement. All work and
associated costs relative to the fencing shall be the responsibility of the Owner.
The purpose of this report is to obtain Common Council's approval to enter into
an Agreement with J.D. Irving, Limited.
PREVIOUS RESOLUTION
N/A
091
-2 -
STRATEGIC ALIGNMENT
This report aligns with the Growth & Prosperity Council priority.
REPORT
The City, through the terms of the Agreement, will maintain the right to enter
upon the land to perform work permitted by the vested easement.
The Agreement attached to this report sets the terms and conditions upon which
the fence will be permitted, City's right to continue to enter upon the easement,
and the Owner's obligation to remove the fence for routine work by the City or
to permit the City to remove the fence to do work in an emergency.
SERVICE AND FINANCIAL OUTCOMES
Responsibility for ownership, construction, maintenance, replacement, removal
of the fence, including costs of same will reside with the Owner (J.D. Irving,
Limited).
No financial implication to the City other than Staff time to implement this
request from J.D. Irving, Limited.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
In the preparation of this report, input was received from the City Solicitor's
Office (having prepared the attached Agreement), Saint John Water, Growth and
Community Development, and Finance and Administrative Services.
ATTACHMENTS
Agreement to Construct a Fence on a Municipal Service Easement
31
AGREEMENT
This Agreement made this 26th day of March, 2017 by and between:
J. D. IRVING, LIMITED, a body corporate, having its registered
office at 300 Union Street, PO Box 5777, Saint John, NB E2L 4M3
(hereinafter the "Owner")
-and-
THE CITY OF SAINT JOHN, a body corporate, having its City Hall
at 15 Market Square, PO Box 1971, Saint John, NB E2L 4L1
(hereinafter the "City")
RECITALS:
1. WHEREAS the Owner is the owner of lands situate in the City of Saint John, County of
Saint John and Province of New Brunswick designated Lot 00-01 on a subdivision plan filed
in the Saint John County Registry Office on August 14, 2000 as Number 11266963, further
designated by Service New Brunswick PID Number 55151245, and being civic address 85
Consumers Drive.
2. AND WHEREAS upon the filing of the said subdivision plan, a municipal services easement
(as shown on the plan) vested in favour of the City pursuant to section 4 of New Brunswick
Regulation 84-217 under the Community Planning Act (O.C. 84-760 N) (the "Municipal
Services Easement').
3. AND WHEREAS the Owner has requested permission to erect/construct an eight -foot (8')
high chain link fence (the "Fence") at or near the northern boundary line of the Municipal
Services Easement, as shown on the sketch attached hereto as "SK -2.1 ".
The City hereby permits the Owner to erect/construct the Fence as shown on SK -2.1 on the
following conditions:
1. The erection/construction, maintenance, repair and replacement of the Fence shall be at the
Owner's expense.
2. That no action on the part of the Owner and/or the City under this agreement shall be
construed as a derogation of the Municipal Services Easement held by the City.
3. The erection/construction and any replacement of the Fence is undertaken and performed
in accordance with SK -2.1 and in compliance with all provincial and municipal laws,
including but not limited to the Saint John Digline.
Oil
4. The City has the right to enter the lands subject to the Municipal Services Easement and
perform the work permitted under section 4 of New Brunswick Regulation 84-217, and the
parties agree to the following conditions:
a. for routine work, the City will advise the Owner at least one (1) week prior to the date
the City's work will commence and the Owner, at its sole cost, risk and expense,
shall remove the Fence at least three (3) days before commencement of the work.
Upon completion of the City's work, the City shall so advise the Owner and the
Owner may re -instate the Fence in accordance with this Agreement; and
b. in an emergency, determined at the discretion of the City, the City may remove the
portion of the Fence to allow the access required by the City, and the Owner, at its
expense, may re -instate the Fence in accordance with this Agreement.
C. in the event of an emergency, the City will notify the Owner of such emergency
conditions as soon as reasonably practical.
5. In the event that the City determines that the ongoing existence/location of the Fence
impairs the City's rights pursuant to Regulation 84-217 (other than as contemplated in this
agreement), the City may terminate this agreement upon three (3) months' prior written
notice to the Owner addressed to its registered office, and the Owner shall, at its cost, risk
and expense, remove the Fence. Should the Owner not remove the Fence by the date of
termination, the City may remove the Fence and dispose of same and the Owner shall have
no recourse.
6. The Owner, for itself and its successors and assigns and to the fullest extent permitted by
law, hereby releases and forever discharges the City, its employees, officers, agents,
successors and assigns from and against any and all losses, costs, claims, demands,
expenses, proceedings and actions of every nature and kind for injury or damages,
including indirect, consequential and incidental damages, to the City or its property which
are or may be in any way related to, or connected or associated with the Owner erecting or
constructing the Fence.
7. The Owner hereby indemnifies and saves harmless the City, its employees, officers,
successors and assigns, from and against any third party claim for losses, costs, claims,
demands, expenses, proceedings and actions of every nature and kind of injury or
damages, including damages, to persons or property which are directly related to the
erection/construction of the Fence, and to the extent arising as a result of the negligence or
wilful misconduct of the Owner, or those for whom the Owner is responsible.
[Signature page follows.]
091
IN WITNESS WHEREOF the Owner has caused these presents to be executed this 30
day of March, 2017.
J. D. IRVING, LIMITED
'ate Per:
ry
'9 PPP Per:
AND the City has caused these presents to be executed this day of , 2017.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
Garden Centre Fence Upgrades
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COUNCIL REPORT
M&C No.
2017-87
Report Date
March 29, 2017
Meeting Date
April 03, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Engineering Services —West Side Sanitary Sewer and Storm Water
Model Development
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Pierre LeBlanc
Brent McGovern/Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that the proposal from CBCL Limited for engineering services
for the West Side Sanitary Sewer and Storm Water Model Development project
in the amount of $663,895 including HST be accepted and that the Mayor and
Common Clerk be authorized to execute the appropriate documentation in that
regard.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award the Engineering
Services for the West Side Sanitary Sewer and Storm Water Model Development
project to CBCL Limited.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
March 06, 2017; Direct Negotiation Approved
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
01.1
-2 -
REPORT
BACKGROUND
The City of Saint John is seeking engineering consultant services to develop a
fully operational and calibrated model of the West Side Sanitary Sewer and
Storm Water collection systems. Saint John Water over the years has developed
an advanced water model and development of the sewer model continues. In
2016, the sewer model for the areas of Millidgeville and the North End was
completed. Through 2017 the water and sanitary model for the Central
Peninsula will be completed and this project before Council would allow for the
development of the West Side Sanitary Sewer and Storm Water Development
Model. Having a water and sewer model of municipal infrastructure is an
industry best practice as it provides numerous benefits as noted below.
• It serves as a key asset management tool, allowing staff to balance risk
against service standards to identify priorties, all while using real system
data.
• An important tool to identify where capital investments provide the
largest return on investment (ROI), allowing for more informed
prioritization of capital projects and the most effective use of public
funds.
• For any system growth and development, the sewer model allows staff to
quantify system impacts (storm and sanitary) and assess how system
performance will change if a project proceeds and more importantly
what key system modifications would be necessary to allow the growth
and development to proceed.
• Aids in quantifying overflows for monitoring and reporting to Regulators.
• Provides the ability to assess climate change impacts.
• Provides key information for the effective design of storm and sanitary
systems.
The overall project involves:
Developing a fully operational and calibrated model of the wastewater collection
system that conveys wastewater to the Lancaster Lagoon. The model shall be
developed and operated with Bentley SewerGems (latest version) and shall
include all necessary inputs (system elements and attributes, hydraulics and
hydrology). The consultant shall calibrate the model and confirm results with
field observations during wet weather events. The entire West side wastewater
collection system shall be integrated in the hydraulic model including all gravity
sewers, force mains and sanitary lift stations.
Developing a fully operational and calibrated model of the West side storm
water collection system. The model shall be developed and operated with
Bentley SewerGems (latest version) and shall include all necessary inputs
Kul
-3 -
(system elements and attributes). The consultant shall calibrate the model and
confirm results with field observations during wet weather events. The entire
West side storm water collection system shall be integrated in the hydraulic
model including all gravity sewers, major water courses, detention ponds and
catch basins.
PURPOSE
The purpose of this report is to make a recommendation for consulting
engineering services for this project.
ANALYSIS
On March 21, 2017 with a comprehensive and detailed scope of work document
developed by staff, a proposal for consulting engineering services was requested
from CBCL Limited. In response to this request, CBCL Limited submitted a
proposal on March 28, 2017. Staff was previously authorized to conduct direct
negotiations with this consultant for engineering services for the West Side
Sanitary Sewer and Storm Water Model Development project.
A Review Committee consisting of staff from Materials Management,
Transportation & Environment Services, and Saint John Water was formed to
evaluate the submission.
Each member completed an independent review of the submission and,
subsequently, a Review Committee meeting was held to jointly discuss the
information presented in the CBCL Limited proposal. The price contained in the
proposal was also evaluated by the Committee and staff negotiated with CBCL
Limited and settled on an acceptable consultant's fee to submit to Council for
approval.
The submission from CBCL Limited met all of the requirements of the request for
proposal in a manner acceptable to the Committee, with a cost effective bid for
the project.
POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
Notwithstanding the City's Procurement Policy for engagement of Professional
Services, Common Council has authorized staff with the approval of M&C 2017-
52 to conduct direct negotiations for the engagement of an engineering
consultant for this project. The costs incurred by the consultant will be paid in
accordance with the terms of the Request For Proposal at the rates submitted
and accepted in the consultant's proposal not to exceed the Recommended
Hourly Rates as contained in The Association of Consulting Engineering
Companies — New Brunswick fee guideline.
M-11
-4 -
SERVICE AND FINANCIAL OUTCOMES
The proposed cost of work from CBCL Limited to provide engineering services for
this project is $602,000.00 after the eligible HST rebate.
The 2017 Water & Sewerage Utility Fund Capital Program includes funding in the
amount of $520,000 for the development of the West Side Sanitary Sewer and
Storm Water Model Development. Partial funding for the project is approved
under the Clean Water Wastewater Fund (CWWF) as part of the second round of
funding announcements. The budget shortfall of $82,000 can be managed within
the overall 2017 Water & Sewerage Utility Fund Capital Program.
It is important to commence the field data collection and updating of the linear
assets for wastewater and storm sewer infrastructure in the GIS as the Clean
Water Wastewater Fund Contribution Agreement stipulates that in order for
costs to be eligible under the Clean Water Wastewater Fund program, the costs
must be incurred between April 1, 2016 and March 31, 2018. Therefore the
model must be completed before March 31, 2018 which will be challenging for a
project of this complexity that requires field collection, GIS updates (wastewater
and storm sewer) and model development and calibration.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
A Review Committee consisting of staff from Materials Management,
Engineering and Saint John Water was formed to evaluate the submission.
Materials Management facilitated the proposal review process.
ATTACHMENTS
N/a
061
COUNCIL REPORT
M&C No.
2017-83
Report Date
March 28, 2017
Meeting Date
April 03, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed Public Hearing Date — 307 Westmorland Road and 126-132
Station Street and 39 Sewell Street
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Mark Reade
Jacqueline Hamilton
m
I Jeff Trail
RECOMMENDATION
That Common Council schedule the public hearing for the rezoning application of
Krista McDevitt (307 Westmorland Road) and the Zoning By -Law Text / Mapping
Amendment application of Commercial Properties Limited (126-132 Station
Street and 39 Sewell Street) for Monday, May 1, 2017 at 6:30 p.m. in the Council
Chamber, and refer the applications to the Planning Advisory Committee for a
report and recommendation.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the rezoning and
Section 39 amendment applications received and to recommend an appropriate
public hearing date. The next available public hearing date is Monday, May 1,
2017.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all applications
for amendments to the Zoning By-law and Section 39 resolutions/
agreements and proceed to prepare the required advertisements; and
2. when applications are received a report will be prepared recommending
the appropriate resolution setting the time and place for public hearings
and be referred to the Planning Advisory Committee as required by the
Community Planning Act.
-2 -
STRATEGIC ALIGNMENT
While the holding of public hearings for proposed rezoning and Section 39
amendments is a legislative requirement of the Community Planning Act, it is
also a key component of a clear and consistent land development processes
envisioned in the One Stop Development Shop Program. These processes
provide transparency and predictability for the development community and
City residents.
On a broader note, the development approvals process works towards fulfilling
key Council priorities including:
■ ensuring Saint John has a competitive business environment for
investment,
■ supporting business retention and attraction; and
■ driving development in accordance with PlanSJ which creates the density
required for efficient infrastructure and services.
REPORT
As provided in Common Council's resolution of August 3, 2004, this report
indicates the rezoning and Section 39 amendment applications received and
recommends an appropriate public hearing date. Details of the applications are
available in the Common Clerk's office and will form part of the documentation
at the public hearings.
The following applications have been received:
Name of
Location
Existing
Proposed
Reason
Applicant
Zone
Zone
Krista McDevitt
307 Westmorland
Local
General
To rescind the
Road
Commercial
Commercial
existing Section 39
(CL)
(CG) and
conditions and
Section 39
permit a broader
Amendment
range of uses for
future reuse of the
site
Commercial
126-132 Station
Uptown
By-law text /
To remove an area
Properties
Street and 39
Commercial
mapping
of land from
Limited
Sewell Street
(CU) and
amendment
Schedule C -
Corridor
Uptown Parking
Commercial
Exemption Area to
(CC)
permit the
construction of a
parking lot
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Service.
HI
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not applicable.
ATTACHMENTS
None.
:1 PA,
COUNCIL REPORT
M&C No.
2017-072
Report Date
March 20, 2017
Meeting Date
April 03, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Public Information Session: Currie Avenue — Water, Sanitary, Storm
and Street Reconstruction
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Joel Landers
Brent McGovern /Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
The purpose of this report is to inform Council of a Public Information Session
that will be held in relation to the Currie Avenue Street Reconstruction project,
and to update Council on the status of the project.
PREVIOUS RESOLUTION
November 14, 2016 - 2017 Water & Sewerage Utility Fund Capital Program
Approved.
November 28, 2016; 2017 General Fund Capital Program Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund Capital and General Fund
(Transportation & Storm Categories) Capital Program Adjustments Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
!191
-2 -
REPORT
The approved Water & Sewerage Utility Fund and General Fund Capital
Programs include projects for the design and construction of Currie Avenue -
Watermain, Sanitary Sewer, Storm Sewer and Street Reconstruction.
Staff looks forward to the tender closing in May, 2017. Construction is expected
to begin in early summer and continue into September. This is a major project
that will impact the local area during construction. It is for this reason that staff
have decided to hold a Public Information Session to allow local residents and
business owners an opportunity to view the project design drawings, ask
questions and give their feedback.
The Public Information Session will be held at the Nick Nicolle Community Centre
at 85 Durham Street on Wednesday, April 12, 2017, from 2-4 p.m. and 6-8 p.m.
This report is being provided for the information of Council and to extend an
invitation to any Councillors who may wish to attend the Public Information
Sessions.
The Public Information Session will be advertised and a copy of the attached
notices will be delivered door to door in the project areas.
SERVICE AND FINANCIAL OUTCOMES
The municipal infrastructure on this street is in poor condition and requires
replacement. The renewal of the infrastructure will reduce the likelihood of
future service disruptions to the local residents and businesses due to
infrastructure failures. The storm water and sanitary sewer flows will also be
separated.
The approved 2017 Water & Sewerage Utility Fund and General Fund Capital
programs include funding for the design, construction and construction
management components of the project. Partial funding for the project will
come from the Clean Water Wastewater Fund.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Currie Avenue Public Information Session Notice
!El!
The City of Saint John
PUBLIC INFORMATION SESSION
CURRIE AVENUE - WATER, SANITARY, STORM AND STREET
RECONSTRUCTION
The City of Saint John will be undertaking the reconstruction of Currie Avenue
between Visart Street and Pugsley Avenue. The project includes the renewal of
the existing watermain and sanitary sewer, installation of a new storm sewer, and
road reconstruction consisting of new concrete curb, concrete sidewalk, asphalt
resurfacing, and landscaping within the construction limits.
Construction is planned to begin in early Summer and is expected to continue into
September 2017. Prior to construction, another notice will be distributed to inform
residents and business owners of the actual construction schedule. Although
there will be water interruptions and delays in traffic, it is our intent to keep these
inconveniences to a minimum.
This project is part of the City's ongoing commitment to continually improve its
infrastructure.
This project is part of the 2017 City of Saint John Water & Sewerage Utility Fund
Capital Program and the General Fund Capital Program.
Representatives from the City of Saint John will be available to answer questions
related to the project. The public is invited to attend an information session on
this project on the following date and times:
Date: Wednesday, April 12th, 2017
Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm
Location: Nick Nicolle Community Centre
85 Durham Street
For further information about this project, contact the City of Saint John
Transportation and Environment Services at (506) 658-4455.
:111
COUNCIL REPORT
M&C No.
2017-077
Report Date
March 23, 2017
Meeting Date
April 03, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Public Information Session: Pokiok Road and McLellan Street —
Water, Sanitary, Storm and Street Reconstruction
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
David Russell
Brent McGovern /Brian
Keenan
Jeff Trail
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
The purpose of this report is to inform Council of a Public Information Session
that will be held in relation to the Pokiok Road and McLellan Street — Water,
Sanitary, Storm and Street Reconstruction project, and to update Council on the
status of the project.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
November 28, 2016; 2017 General Fund Capital Program Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund Capital and General Fund
(Transportation & Storm Categories) Capital Program Adjustments Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
-2 -
REPORT
The approved Water & Sewerage Utility Fund Capital Program and General Fund
Capital Program include projects for upgrades to Pokiok Road, McLellan Street
and Belleview Avenue.
The design work for these upgrades is underway. Staff anticipates this project
will be tendererd in April, 2017 with a tender closing in May, 2017. Construction
is expected to begin in late May, 2017 and continue into November, 2017. This is
a major project that will impact the local area during construction. It is for this
reason that staff have decided to hold a Public Information Session to allow local
residents an opportunity to view the project drawings, ask questions and give
their feedback. The Public Information Session will be held at the Nick Nicolle
Community Centre at 85 Durham Street on Tuesday, April 4, 2017, from 2-4 p.m.
and 6-8 p.m. This report is being provided for the information of Council and to
extend an invitation to any Councillors who may wish to attend the Public
Information Session.
The Public Information Session will be advertised and a copy of the attached
notice will be delivered door to door in the project area.
SERVICE AND FINANCIAL OUTCOMES
The municipal infrastructure in this area is in poor condition and requires
replacement. The renewal of the infrastructure will reduce the likelihood of
future service disruptions to the local residents and businesses due to
infrastructure failures.
The approved 2017 Water & Sewerage Utility Fund and General Fund Capital
programs include funding for the design, construction and construction
management components of the project. Partial funding for this project will
come from the Clean Water Wastewater Fund.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
Public Information Session Notice
PUBLIC INFORMATION SESSION
POKIOK ROAD AND MCLELLAN STREET —WATER, SANITARY, STORM AND STREET
RECONSTRUCTION
During the 2017 construction season, the City of Saint John will be undertaking upgrades to the
water mains, sanitary and storm sewers, and roadways along Pokiok Road, McLellan Street and
a portion of Belleview Avenue. Construction is planned for the following extents:
• Pokiok Road from Spar Cove Road to the end;
• McLellan Street from Pokiok Road to Highland Road; and
• Belleview Avenue from Pokiok Road to approximately the mid -point towards Highland
Road.
The project generally includes the replacement of water mains, sanitary sewers, associated
residential services in the City right-of-way, as well as the installation of new storm sewers and
the reconstruction of the roadways. Roadway reconstruction will include the installation of
gravels, asphalt, and concrete curb and sidewalk. The proposed work also includes the
construction of a new sanitary lift station on City -owned land at the end of Pokiok Road.
At the conclusion of the work, the City of Saint John plans on converting McLellan Street to a
one-way street with allowable on -street parking. This change is being made due to the narrow
right-of-way along McLellan Street and the inability to construct a two-way street to current City
standards and dimensions.
The project is anticipated to begin in late May 2017 and is expected to be completed by the end
of November 2017.
Representatives from the City of Saint John and the project design team from CBCL Limited will
be available to answer questions related to the project.
Date: Tuesday, April 4t", 2017
Place: Nick Nicolle Community Centre, 85 Durham Street
Time: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m.
For further information about this project, contact the Consultant, CBCL Limited, at (506)
633-6650 or the City of Saint John at (506) 658-4455.
!E:3
COUNCIL REPORT
M&C No.
2017-074
Report Date
March 28, 2017
Meeting Date
April 03, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Contract No. 2017-09: Fallsview Drive — Water Service Extension
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Joel Landers
Brent McGovern/
Brian Keenan
Jeff Trail
RECOMMENDATION
It is recommended that Contract No. 2017-09: Fallsview Drive — Water Service
Extension be awarded to the low Tenderer, Midi Construction Ltd., at the
tendered price of $265,592.50 (including HST) as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to recommend that Council award Contract No.
2017-09: Fallsview Drive — Water Service Extension to the low Tenderer.
PREVIOUS RESOLUTION
March 6, 2017; Revisions to the 2017 Water & Sewerage Utility Fund Capital
Program Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
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REPORT
BACKGROUND
The approved 2017 Water & Sewerage Utility Fund Capital Program includes
funding for the extension of a water service on Fallsview Drive from Riverview
Avenue West to Bridge Road. This work is necessary to improve water quality to
the Reversing Falls Restaurant in conjunction with the water system
modifications being made as part of the Safe Clean Drinking Water Project.
TENDER RESULTS
Tenders closed on March 28, 2017 with the following results, including HST:
1.
Midi Construction Ltd., Saint John, NB
$
265,592.50
2.
Galbraith Construction Ltd., Saint John, NB
$
274,855.75
3.
Fairville Construction Ltd., Saint John, NB
$
315,031.00
4.
Keel Construction Ltd., Grand Bay -Westfield, NB
$
318,403.38
5.
Debly Enterprises Ltd., Saint John, NB
$
348,466.10
6.
TerraEx Inc., Saint John, NB
$
396,617.75
The Engineer's estimate for the work was $324,900.00, including HST.
ANALYSIS
The tenders were reviewed by staff and were found to be formal in all respects,
with the exception of a tender from Steele Trucking Ltd. The tender submitted
by Steele Trucking Ltd. did not have Section 4.2 of the tender fully completed by
the tenderer and was rejected by the Tender Opening Committee in accordance
with General Specifications Division 2 — Instructions to Tenderers and Tendering
Procedures, item 2.8.03 g. Staff is of the opinion that the low tenderer has the
necessary resources and expertise to perform the work and recommend
acceptance of their tender. Work is expected to begin in April 2017 and be
completed by May 31, 2017 in the area of the Reversing Falls Restaurant.
Staff have met with the developer of the Fallsview Restaurant to discuss the
scope of the project and to ensure we are coordinated and any impacts are
mitigated.
6119]
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FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2017 Water & Sewerage
Utility Fund Capital Program. Assuming award of the Contract to the low
tenderer, an analysis has been completed which includes the estimated amount
of work that will be performed by the Contractor and Others.
The analysis is as follows:
Budget $ 400,000
Project net cost $ 268,050
Variance (Surplus) $ 131,950
Igo] 114V=II1►19711 ilk] 1010to] 9ito] ►1.i1: e141 M 0114to] ►1111ATTO V
The recommendation in this report is made in accordance with the provisions of
Council's policy for the tendering of construction contracts, the City's General
Specifications and the specific project specifications.
SERVICE AND FINANCIAL OUTCOMES
The extension of the water service on Fallsview Drive will improve water quality
for the local business and remove the need to waste large volumes of water to
maintain water quality.
This project will be completed within the original approved financial budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
51
033333��
WHEREAS: oncology nurses are committed to providing quality
oncology care; and
WHEREAS: oncology nurses have demonstrated excellence in
patient care, teaching, research, administration, and
education in the field of oncology nursing; and
WHEREAS: oncology nurses endeavour to educate the public in
the prevention and treatment of cancer.
cf
NOW THEREFORE: I, Mayor Don Darling, of Saint
John do hereby proclaim April 4, 2017 as Canadian Oncology Nursing
Day in Saint John, New Brunswick and urge all residents of Saint John,
New Brunswick to join in. observance of and participate in activities to
recognize the special contribution oncology nurses provide to the public.
In witne:s,s whereof I have set my hand and affixed the official seal
of the Mayor of the City of Saint John.
COUNCIL REPORT
M&C No.
2017-084
Report Date
March 28 2017
Meeting Date
April 3 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Supplementary Report: Proposed amendments to the Saint John
Heritage Conservation Areas By-law
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Alice Fudge
Jacqueline Hamilton
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council approve 3rd reading of
the revised By -Law Number HC -1A Law to Amend The Saint John Heritage
Conservation Areas By-law [Appendix A].
EXECUTIVE SUMMARY
On March 6, 2017, Common Council held a public hearing and passed first and
second reading of the proposed amendments to the Saint John Heritage
Conservation Areas By-law. After a presentation by staff, three citizens spoke to
Council with comments about the proposed changes. Given the technical nature
of some of the comments, Council directed staff to provide a supplemental
report to respond to the questions raised at the meeting. This report provides a
review of the comments and the respective responses from both heritage and
legal staff. As a result of this additional review, some minor modifications were
made to the amendment and is now ready for third reading.
PREVIOUS RESOLUTION
On March 6, 2017, Common Council approved the first and second reading of
the proposed amendments to the Saint John Heritage Conservation Areas By-
law.
STRATEGIC ALIGNMENT
The proposed changes to the Saint John Heritage Conservation Areas By-law
aligns with Council's priorities to support a Vibrant, Safe City through the
Modernization of the Heritage conservation process, as well as a Valued Service
6V
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Delivery through customer -focused services and a culture of continuous
improvement.
REPORT
At the Common Council meeting of March 6, 2017, staff presented a suite of
proposed amendments to the Heritage By-law that will result in improvements
to the City's Heritage Service, particularly changes that will deliver a more
streamlined application and approval process for heritage projects. The
improvements were initiated by the Heritage Development Board and staff. The
motivations for the proposed amendments are improved clarity and efficiency,
enhanced customer -service, along with minor 'housekeeping' updates to the by-
law. At the public hearing, two citizens spoke with concerns about the proposed
amendments; and one person spoke in favour. Staff has acknowledged that the
amending By-law document which was provided with the original report
outlining the proposed amendments may have been confusing to understand.
Therefore, an unofficial consolidated version of the proposed Heritage By-law is
attached [Appendix B] which can easily be read as a complete document.
The following outlines the questions raised at the public hearing and responses
from staff:
a)
Reference to Guidelines
Concern: The references to the document The Standards and Guidelines
of the Conservation of Historic Places in Canada ("National Standards")
throughout the proposed amendment.
Response: A staff review of the references in the By-law was performed
and there were potential inconsistencies in the referencing of the
document.
Recommendation: The inconsistencies have been corrected in the
revised amending By-law [Appendix A].
b) Definitions
Concern: The removal of some definitions from the By-law, in particular
the definition of "maintenance".
Response: Some definitions were removed or changed from the previous
By-law because of either typographical errors or drafting errors.
Maintenance is made more clear in the new by-law by describing what
types of maintenance activity is or is not permitted in Section 5 (3) and
(4).
Recommendation: No change.
C) Submission Standards
Concern: Difference between issuing a heritage permit and accepting an
6'511
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application for a heritage permit.
Response: The proposed amendment is brought into the same format as
the other development by-laws: the Building By-law, Subdivision By-law,
Zoning By-law and Drainage By-law. The requirements for an application
are explicitly listed.
Recommendation: No change.
d) Precedential Value of Previous Decisions
Concern: That the Heritage Officer would not have written decisions and
as such the issuance of permits by the Heritage Officer would lose
precedential value in the case of an appeal.
Response: The roles of the Heritage Board and the Heritage Officer are
administrative and are not bound by precedent. However, the Board and
Heritage Officer should be consistent regardless of the lack of
precedential value of previous decisions.
Recommendation: No change. Staff will develop an internal workflow
procedure to document the Heritage Officer's approvals.
e) Demolition of accessory buildings in the Heritage Areas
Concern: That this provision could invite demolition of historically
valuable accessory structures in the Heritage Areas.
Response: These new provisions are an exception to avoid a conflict with
the Dangerous Buildings and Unsightly Premises By-law. This was
included to ensure that a dangerous building can be dealt with pursuant
to our current dangerous building program regardless of its location or
heritage value.
Recommendation: No change.
f) Heritage Permit Expiry
Concern: An objection to the introduction of an expiry date of two years
for Heritage Permits, considering that heritage conservation projects
often are a 'labour of love' and projects are sometimes on-going.
Response: There is an option to request an extension of one year for
Heritage Permits, similar to the provisions in the Building By-law. From an
administrative perspective, property owners may easily apply for an
updated Heritage Permit after the expiry term of three years.
Recommendation: No change.
g) By-law Provisions Outside of the Phase 1 Proposed Amendments
Concern: General concerns about the provisions of section 8 of the By -
6191
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law regarding the adoption of the standards within the Standards &
Guidelines for Conservation of Historic Places in Canada.
Response: These concerns are outside the scope of this Phase 1 Heritage
By-law amendment, and will be considered during the more extensive
Phase 2 review of the entire By-law as part of the South Central
Neighbourhood Plan.
Recommendation: No change.
SERVICE AND FINANCIAL OUTCOMES
The Heritage Development Board will shift from bi-weekly meetings to a monthly
meeting schedule in the spring, resulting in some cost savings. New revenue will
result with the inclusion of a fee for demolition permit applications.
Approximately 65 percent of heritage applications will be reviewed and
approved by the Heritage Officer, resulting in quicker turnaround times for
heritage property owners.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Legal Department has provided legal support though the amendment
process and support on concerns brought forward at the Public Hearing.
ATTACHMENTS
Appendix A — By -Law Number HC -1A Law to Amend The Saint John Heritage
Conservation Areas By-law
Appendix B — Unofficial Consolidated By -Law Number HC -1A Saint John Heritage
Conservation Areas By-law
67�
Appendix A
By -Law Number HC -1
A Law to Amend
The Saint John Heritage
Conservation Areas By-law
Be it enacted by The City of Saint John in Common Council convened, as follows:
The Saint John Heritage Conservation Areas By-law, enacted on the ninth day of October, A.D.
2007, is amended by:
1. Adding to section 1, immediately after the words, "In this By-law,", in its own paragraph, the
following words:
"accessory building means a building that is incidental, subordinate, and exclusively devoted to
the main use, building, or structure located on the same lot;".
2. Deleting from section 1 the quotation marks surrounding the word "assessed value".
3. Deleting from section 1 the words "Certificate means a Certificate of Appropriateness
provided for by the Act;".
4. Deleting from section 1 the words "Conservation Area means that conservation area
established under Section 5 of the Act and defined in Section 2 of this By-law;".
5. Deleting from section 1 the following words:
"design means general appearance of the exterior of a building or structure including size,
shape, exterior surface textures, colours, decoration features, and standards of maintenance,
qualities and types of exterior materials, landscaping, relationship of building or structure to its
site, and for the purposes of this By -Law signage located on the interior which is visible to be
read from the exterior shall be included as well as other matters relating to the nature of the
exterior appearance;".
6. Deleting from section 1, the following words:
"development means the erecting, placing, relocating, removing, renovating, preserving,
rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a
building or structure, in whole or part other than traffic control devices or statutory notices,
within a Preservation Area;"
and replacing them with the following paragraph:
"development means the erecting, placing, relocating, removing, renovating, preserving,
rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a
building or structure including, but not limited to, signs, in whole or part other than traffic
control devices or statutory notices;".
7. Adding to section 1, immediately after the words
"guidelines means prescriptive statements presented as recommended and non -recommended
actions as found in the national Standards for the Conservation of Historic Places in Canada
and/or descriptive statements as found in the City of Saint John Practical Preservation
Guidelines, that provide practical guidance in applying the Standards for Conservation, of
existing buildings,",
in their own paragraph, the following words:
"Heritage Permit means a municipal heritage permit authorized under the Heritage
Conservation Act, issued by the Board or the Heritage Officer;".
8. Removing from section 1 the following words:
"guidelines means prescriptive statements presented as recommended and non -recommended
actions as found in the national Standards for the Conservation of Historic Places in Canada
and/or descriptive statements as found in the City of Saint John Practical Preservation
Guidelines, that provide practical guidance in applying the Standards for Conservation, of
existing buildings,".
9. Adding to section 1, immediately after the words:
"heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance
or significance for past, present or future generations. The heritage value of a historic place is
embodied in its character -defining materials, forms, design, location, spatial configurations,
uses and cultural associations or meanings."
the following words, in their own paragraph:
"Heritage Conservation Act, means the Heritage Conservation Act, SNB 2010, c H-4.05."
10. Deleting from section 1 the following words:
"heritage conservation area means that heritage conservation area established under Section 5
of the Municipal Heritage Preservation Act and defined in Section 2 of this By-law."
6'1:3
and replacing it with the following words:
"heritage conservation area means a heritage conservation area established under the
Heritage Conservation Act and defined in this By-law."
11. Deleting from section 1, the following words:
"maintenance means routine, cyclical, non-destructive actions necessary to slow or prevent the
deterioration of a building, structure or historic place. It entails periodic inspection; routine,
cyclical, non-destructive cleaning; minor repair and refinishing operations; replacement of
damaged or deteriorated materials with compatible traditional materials and details of similar
profiles as the original. It does not include any alteration, design change and/or replacement
where such replacement involves a change in design or material. For the purpose of this By-law
the cleaning of a building or structure is deemed to constitute an alteration to the exterior
surface texture and is not considered maintenance."
12. Deleting from section 1, the following words:
"owner means the registered owner of a building or structure within the Heritage Conservation
Area, the lessee thereof, or a person in possession of a bona fide contract to purchase same;"
and replacing it with the following words:
"owner means the registered owner of real property;".
13. Adding the words "removal," immediately after the words "Rehabilitation means the action
or process of making possible a continuing or compatible new use for a historic place, or of an individual
component, through repair," and immediately preceding the words "alterations and/or additions,".
14. Deleting from section 1, the following paragraph:
"Standard(s) means norms for the respectful conservation of existing heritage buildings as
indicated in Section 8 of this By -Law and norms for the construction of new (infill) buildings that
are sensitive to their context as indicated in Section 9 of this By -Law."
15. Deleting from section 1, the following words:
"Standards & Guidelines for the Conservation of Historic Places in Canada means pan
Canadian document providing guidance on how to best conserve our irreplaceable built
heritage and on the limits of acceptable change to it; as first published by Parks Canada in 2003
and subsequently revised from time to time;".
and replacing it with, the following words:
6'1%]
"Standards & Guidelines for the Conservation of Historic Places in Canada means the pan
Canadian document providing guidance on how to best conserve our irreplaceable built
heritage and on the limits of acceptable change to it; as published by Parks Canada in 2010."
16. Changing the header immediately preceding section 2 to the following bolded words:
"HERITAGE CONSERVATION AREA AND APPLICATION OF BY-LAW'S
17. Deleting section 3 and replacing it with the following words:
"3 (1) This by-law shall be administered by the Board.
3 (2) The Board may designate a Heritage Officer to issue Heritage Permits."
18. Replacing the header immediately preceding section 4 to the following bolded words:
"Heritage Permit"
19. Deleting section 5 (1) and replacing it with the following words:
"5 (1) Subject to subsection (2), no person shall carry out, or cause to be carried out any
development within the Heritage Conservation Areas unless:
(a) the development meets the standards prescribed by sections 8 and 9; and
(b) a valid Heritage Permit has been issued pursuant to this By-law."
20. Adding the following words, immediately following section 5 (2):
"5 (3) Notwithstanding paragraph 5 (1)(b) a person shall be exempted from requiring a
Heritage Permit for the following developments:
(a) Ordinary maintenance or repair of building components and does not include
removal or replacement, or a change in design, materials, finishes or appearance;
(b) Painting with colours that have been previously approved in a prior Heritage
Permit for that development;
(c) Holes no larger than 6" in diameter for service entrance;
(d) Replacing flat -roof roofing material; and
(e) Landscaping including, but not limited to, walkway pavers.
5 (4) Nothing in 5 (3) exempts the following developments from requiring a Heritage Permit
Ais]
(a) Replacing gable or mansard roofing;
(b) Painting with colours dissimilar to existing colours;
(c) Adding or removing elements;
(d) Any cleaning that changes the exterior surface texture including, but not limited
to, pressure washing with abrasives including, but not limited to, water or sand; and
(e) Altering, constructing or removing fences.
21. Deleting section 6 and replacing it with the following words:
"6 (1) An application for a Heritage Permit shall be filed with the Heritage Officer.
6 (2) The Heritage Officer shall accept an application for a Heritage Permit when:
(a) The information submitted appears to be adequate to determine compliance
with the provisions of this By-law;
(b) the information submitted is correct; and
(c) the full application fee has been received by the Heritage Officer.
6 (3) An application shall be in the form prescribed by the Board and shall include, as
applicable:
(a) in the case of an existing building or structure:
(i) a site plan showing the property boundaries and location of the
proposed development;
(ii) elevation drawings, drawn to scale, to illustrate the architectural design,
dimensions, materials and colour of the proposed development;
(iii) "before and after" drawings, sketches or photographs to illustrate both
the existing situation and the proposed alteration;
(b) in the case of new (infill) development:
(i) All materials necessary to demonstrate the appropriateness of the
development within the surrounding streetscape context which may
include:
A. site plans;
AI
B. building section drawings;
C. architectural details;
D. specifications and descriptions of materials to be used;
E. elevation drawings; and
F. floor plans.
6 (4) The Board, or the Heritage Officer if so authorized, shall issue a Heritage Permit if the
proposed development meets the standards prescribed by sections 8 and 9
6 (5) The Board may refuse to issue a Heritage Permit where it considers that the
development plans and specifications submitted as part of the application are incomplete or
where such plans and specifications show that the proposed conservation or development,
with the exception of demolition, is incompatible with the standards prescribed by sections 8
and 9.
6 (6) A Heritage Permit is valid for a period of two years from the date of its issuance.
6 (7) The Board, or the Heritage Officer if so authorized, shall renew a Heritage Permit for a
period of up to one year from the original date of expiry upon request of the Heritage Permit
holder in the manner prescribed by the Board when the development meets the conditions of
this By-law.
6 (8) A Heritage Permit may be renewed no more than once.
6 (9) The Board, or the Heritage Officer if so authorized, shall notify the Heritage Permit
holder, in writing, that the Heritage Permit has been renewed.
6 (10) A Heritage Permit that has expired shall be deemed revoked."
22. Repealing section 7.
23. Deleting subsection 8 (2) and replacing it with the following words:
"8 (2) Any development on an existing building in a Heritage Conservation Area, with the
exception of new (infill) development or demolition, shall comply with the standards
prescribed by the Standards & Guidelines for the Conservation of Historic Places in Canada."
24. Deleting paragraph 10 (1) (a) and replacing it with the following words:
I'
"(a) the building or structure has been identified by the Board as incompatible with the
standards prescribed by the Standards & Guidelines for the Conservation of Historic Places in
Canada or Section 9 of this by-law, as applicable;".
25. Adding immediately after paragraph 10 (1) (a) the following words:
"(a.1) the building or structure is an accessory building and is a hazard to the safety of
the public by reason of dilapidation or unsoundness of structural strength;".
26. Delete subsection 10 (4) and replace it with the following words:
"10 (4) The Notice of the Offer to Sell mentioned at paragraph 10 (1) (b) shall:
(a) appear in the real estate section of the newspaper;
(b) be at least one column in width;
(c) have at the top of the ad a headline in 24 pt. type in capitals, indicating the name
of the Heritage Conservation Area that the property is located within;
(d) use 8 pt. type in the text of the ad;
(e) identify the property and its location;
(f) state the offering price;
(g) state the date the Offer to Sell is to begin, which date shall not be earlier than
the date such offer was filed with the Heritage Officer pursuant to subsection 2(a); and
(h) include a black and white photograph of the property, to be a minimum of the
width of the column by whatever necessary height, that clearly illustrates the character
defining elements of the property.
10(4.1) The Listing Agreement mentioned in paragraph 10 (1) (c) shall be in the form
principally used by licensed real estate agents and brokers within the City of Saint John and
shall cause the property to:
(a) be listed with a licensed real estate salesperson who is a member of the Saint
John Real Estate Board;
(b) be listed via the MULITIPLE LISTING SERVICE°;
(c) adhere to the Saint John Real Estate Board's MLS° Rules and Regulations and
its policies for the suitable presentation of the property for marketing purposes; and
M
(d) include a photograph representing a clear and accurate representation of the
property for sale and its heritage character defining elements.
10(4.2) Exclusive listings with a REALTOR ° shall not be acceptable for the purposes of
this By -Law."
27. Delete subsection 11 (3) and replace it with the following words:
"11 (3) The Board shall, upon issuing a Heritage Permit approving the demolition, removal or relocation
of a building or structure or any part thereof, under section 10, forthwith, at its own expense,
(a) cause a notice to be published
(i) on the municipal website; or
(ii) in a newspaper of general circulation in the municipality
stating that the building or structure in question has been approved for demolition, removal or
relocation, the date of issue of the Heritage Permit and outline the statutory right of appeal
which exists against the Board's decision;
(b) notify the Minister responsible for the Heritage Conservation Act that the Heritage
Permit has been issued."
28. Repeal subsection 11 (4) in the French version.
29. Repeal section 13.
30. Repeal section 14 of the French version and renumber sections 15 through 17 in the French
version as 14 through 16.
31. Delete section 16 and replace with the following words:
"16 (1) Nothing in this by-law shall be construed so as to affect the demolition of any building
pursuant to a notice issued pursuant to sections 190.01(2) or 190.041 of the Municipalities Act,
RSNB 1973, c M-22.
16 (2) Nothing in this by-law shall be construed so as to affect the demolition of any building
pursuant to 190.04(1)(b) or 190.041(3) of the Municipalities Act RSNB 1973, c M-22."
32. Add immediately after section 16 the following words, with the words in the header bolded:
"Fees
17 The application fees required under this By-law are listed in Schedule "J"."
AEII
33. Adding the attached Schedule "J" as its own page immediately after Schedule "I".
34. Deleting all instances of "certificate" and "certificate of appropriateness" and replacing
them with the words "Heritage Permit" in its singular or plural as appropriate by context.
35. Deleting all instances of "Heritage Development Board" or "Heritage Board" and replacing
them with the word "Board".
36. Replacing all references to "Secretary" and "Secretary of the Board" and replacing them
with the words "Heritage Officer".
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 I and signed by:
Mayor/Maire
Common Clerk/greffier communal
First Reading
Second Reading
Third Reading
AM
Schedule "J": Fees
The application fees referred to in this By-law are as follows:
Developments which include demolition,
$1000
removal or relocation pursuant to section
10.
All other developments
Free
C��
UNOFFICIAL CONSOLIDATION
BY-LAW NUMBER HC -1
SAINT JOHN HERITAGE CONSERVATION AREAS
BY-LAW
Thursday, 30 March 2017
The Council of The City of Saint John, under authority vested in it by the Municipal Heritage
Preservation Act, Chapter M-21.1, Acts of New Brunswick 1978, enacts as follows:
Interpretation
1. In this By-law,
accessory building means a building that is incidental, subordinate, and exclusively devoted to
the main use, building, or structure located on the same lot.
Act means the Municipal Heritage Preservation Act, 1978, Statutes of New Brunswick, Chapter
M-21.1;
alter means to change in any manner, structurally or otherwise, in whole or in part, the exterior
of a building or structure and includes to restore, rehabilitate, preserve, renovate, repair,
construct or to change in any manner the design of such building or structure;
alteration means any change set out in the definition for alter;
Appeal Board means the Planning and Assessment Appeal Board;
appurtenances includes but is not limited to additions, decks, walls, fences, light fixtures and
standards, steps, paving and signs;
archaeological resource means a place or area where the evidence of past human activity is or
was located in-situ on, below, or above the ground, or lands under water, of which the recovery
and understanding of this evidence can be achieved using archaeological methods.
assessed value means the amount of real property assessment shown on the assessment and tax
notice most recently issued for a property by the Province of New Brunswick under the
Assessment Act (Chapter A-14)
Board means the Heritage Development Board appointed pursuant to Section 8 of the Act
character -defining elements means includes but is not limited to the materials, forms, locations,
spatial configurations, uses and cultural associations or meanings that contribute to the heritage
value of a historic place, which must be retained in order to preserve its heritage value.
1
MA
UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law
contemporary materials includes, but is not limited to, angel stone, aluminium, pre -cast
concrete, mirrored glass panels and any other materials not available for buildings constructed on
or prior to 1915;
conservation means all actions or processes that are aimed at safeguarding the character -
defining elements of a cultural resource so as to retain its heritage value and extend its physical
life. This may involve "Preservation", "Rehabilitation", "Restoration", or a combination of these
actions or processes.
Council means the Mayor and Councillors of The City of Saint John;
development means the erecting, placing, relocating, removing, renovating, preserving,
rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a building
or structure including, but not limited to, signs, in whole or part other than traffic control devices
or statutory notices;
facade opening means any penetration of the solid material comprising the building facade.
This includes window openings, doors, and archways. The area devoted to facade opening is
measured on an orthographic projection from the facade elevation;
facade opening/wall ratio means the ratio between the area of the facade devoted to windows
and door openings and the area of the facade composed of opaque materials (wall);
Heritage Permit means a municipal heritage permit authorized under the Heritage Conservation
Act, issued by the Board or the Heritage Officer;
height of a building or structure means the vertical distance from the ground at the centre of
the building facade to the highest point of the coping of a flat roof between the eaves and a ridge
or to the deck line of a mansard roof or the average height between the plate and ridge of a gable,
hip, or gambrel roof and excluding such structures as elevator penthouses, chimneys, smoke
stacks and steeples;
heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance or
significance for past, present or future generations. The heritage value of a historic place is
embodied in its character -defining materials, forms, design, location, spatial configurations, uses
and cultural associations or meanings.
Heritage Conservation Act, means the Heritage Conservation Act, SNB 2010, c H-4.05.
historic place means a structure, building, group of buildings, district, landscape, archaeological
site or other place that has been formally recognized for its heritage value.
heritage conservation area means a heritage conservation area established under the Heritage
Conservation Act and defined in this By-law.
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
[:�:1
UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law
historic place means a structure, building, group of buildings, district, landscape, cultural
landscape, archaeological site or other place that has been formally recognized for its heritage
value.
intervention means any action, other than demolition or destruction, that results in a physical
change to an element of a historic place.
listing agreement means the agency agreement formed between a vendor as Principal and their
agent regarding the trade of property and includes the New Brunswick Real Estate Board's
standard listing agreement form and includes those agreements which are listed on the New
Brunswick Real Estate Board's MLS® ("MLS® LISTINGS") and, unless the context indicates
otherwise, exclusive listings.
minimal intervention means the gentlest approach with the least physical intervention, which
allows functional goals to be met.
Multiple Listing Service® means a real estate data base listing service operated by a member of
a real estate board and is a registered trade mark of the Canadian Real Estate Association.
municipality means The City of Saint John;
owner means the registered owner of real property ;
Preservation means the action or process of protecting, maintaining and/or stabilizing the
existing materials, forms and integrity of a historic place, or of an individual component, while
protecting its heritage value.
Rehabilitation means the action or process of making possible a continuing or compatible new
use for a historic place, or of an individual component, through repair, removal, alterations
and/or additions, while protecting its heritage value.
Restoration means the action or process of accurately revealing, recovering or representing the
state of a historic place, or an individual component as it appeared at a particular period in its
history, while protecting its heritage value.
sandblasting means a technique for the cleaning of buildings or structures of masonry
construction which employs abrasive particles under pressure of water or air;
setback means the distance between the street line and the front building line of a principal
building or structure projected to the sideline of the lot;
Standards & Guidelines for the Conservation of Historic Places in Canada means the pan
Canadian document providing guidance on how to best conserve our irreplaceable built heritage
and on the limits of acceptable change to it; as published by Parks Canada in 2010.
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street line means the dividing line between a lot and the right-of-way of a street, road, highway,
avenue, lane, court or private easement providing generally the primary access to and egress
from the property abutting along its length;
structural alteration means any change in the supporting members of a building, such as -a
bearing walls or partitions, columns, beams, girders, etc., which results or could result in a
change in the exterior walls or roof of such building or structure;
traditional materials includes but is not limited to wood, brick, stone, but excludes those
materials not commonly used prior to 1915;
yard means an open space on the same lot with a building, such space being unoccupied and
unobstructed from the ground upward;
yard, rear means a yard extending across the full width of the lot between the rear most building
structure and the rear lot line;
yard, front means a yard extending across the full width of the lot between the street line and
any building or structure;
yard, side means the yard between the side lot line and the parts of the building or structure
nearest thereto and extends from the street line to the rear line of said lot.
HERITAGE CONSERVATION AREA AND APPLICATION OF BY-LAW
2(1) (a) Trinity Royal Heritage Conservation Area:
That portion of The City of Saint John illustrated on the attached Schedule "A" which
forms part of this By-law, is hereby established as the Trinity Royal Heritage
Conservation Area.
(b) Quinton Farmhouse Heritage Conservation Area:
That portion of the City of Saint John being the buildings, structures and lands known as
the Quinton Farmhouse, situated at civic number 1260 Manawagonish Road, as
illustrated on Schedule "B" which forms part of this By -Law and is hereby established as
the Quinton Farmhouse Heritage Conservation Area.
(c) Orange Street Heritage Conservation Area:
That portion of The City of Saint John being the buildings, structures, and lands fronting
onto both sides of Orange Street bounded on the east by Crown Street, on the west by
Sydney Street, on the north by the rear property line of all properties facing Orange
Street, on the south by the rear property line of all properties facing Orange Street and by
all corner buildings fronting onto Carmarthen, Wentworth and Pitt Streets, having a side
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facade facing onto Orange Street and including the structures at 114 Wentworth Street
and 116 Wentworth Street, as illustrated on Schedule "C" which forms part of this By-
law, is hereby established as the Orange Street Heritage Conservation Area.
(d) Douglas Avenue Heritage Conservation Area
That portion of the City of Saint John being the buildings, structures and lands which are
illustrated and listed on Schedule "D" which forms part of this By -Law and is hereby
collectively established as the Douglas Avenue Heritage Conservation Area.
(e) Red Rose Tea Heritage Conservation Area:
That portion of the City of Saint John being the building, structure and land known as the
Red Rose Financial, situated at civic number 49 Mill Street (NBGIC numbers 38984 and
55065007), known as the Red Rose Tea Building and only that portion of the site which
the building occupies, as illustrated on Schedule "E" which forms part of this By -Law
and is hereby established as The Red Rose Tea Heritage Conservation Area.
(f) King Street East Heritage Conservation Area:
That portion of The City of Saint John being the buildings, structures and lands fronting
onto both sides of King Street East bounded on the east by Courtenay Bay, on the west by
Sydney Street, bounded on the north by the rear property line of all properties facing
King Street East, bounded on the south by the rear property line of all properties facing
onto King Street East, and by all corner properties which are facing onto Sydney Street,
Carmarthen Street, Wentworth Street, Pitt Street and Crown Streets, having a side facade
facing onto King Street East as illustrated on Schedule "F" which forms part of this By-
law, is hereby established as The King Street East Heritage Conservation Area.
(g) King Street West Heritage Conservation Area:
That portion of the City of Saint John being the buildings, structures and lands illustrated
and listed on Schedule "G" which forms part of this By -Law and is hereby established as
The King Street West Heritage Conservation Area.
205 Duke Street West
286 King Street West
287 King Street West
291 King Street West
293 King Street West
300-302 King Street West
313-315 King Street West
317 King Street West
and
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King Square West bounded by Watson Street, Duke Street West, Prince and Carleton
Kirk Place
(h) Brookville-Torryburn Heritage Conservation Area:
That portion of the City of Saint John being the buildings, structures, and lands situated at
civic numbers 1107 Rothesay Road and 1020 Rothesay Road, as illustrated on Schedule
"H" which forms part of this By -Law and is hereby established as The Brookville
Torryburn Heritage Conservation Area.
(i) Princess Street Heritage Conservation Area:
That portion of The City of Saint John being the buildings, structures, and lands fronting
onto both sides of Princess Street bounded on the west by Sydney Street, bounded on the
east by Carmarthen Street, bounded on the north by the rear property line of all properties
facing Princess Street, bounded on the south by the rear property line of all properties
facing Princess Street and by all corner properties which are facing onto Sydney Street or
Carmarthen Street, having a side facade facing onto Princess Street and shall include the
property at the north-west corner of the intersection of Sydney Street and Princess Street
as well as the property at civic address 80 Sydney Street as illustrated on Schedule "I"
which forms part of this By-law, is hereby established as The Princess Street Heritage
Conservation Area.
2 (2) This By-law shall apply to the Heritage Conservation Areas established by subsection (1)
hereof.
ADMINISTRATION
3 (1) This by-law shall be administered by the Board.
3 (2) The Board may designate a Heritage Officer to issue Heritage Permits.
GUIDANCE STANDARDS
4 (1) The Board shall acquire or compile a register of all buildings or structures in the Heritage
Conservation Areas.
4 (2) In order to provide guidance to the public on standards of design for developments in the
Heritage Conservation Areas, the Board shall maintain the file or files containing drawings,
photographs and other descriptive or pictorial items showing structures, architectural styles, and
materials appropriate to the area.
4 (3) Such registers and files shall form part of the records of the Board.
Heritage Permit
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5(l) Subject to subsection (2), no person shall carry out, or cause to be carried out any
development within the Heritage Conservation Areas unless:
(a) the development meets the standards prescribed by sections 8 and 9; and
(b) a valid Heritage Permit has been issued pursuant to this By-law.
5 (2) No development in accordance with the Heritage Permit shall be carried out until every
right of appeal under the Act has been exercised in the particular case or until the time prescribed
by the Act for the exercise of that right of appeal has expired.
5 (3) Notwithstanding paragraph 5 (1) (b) a person shall be exempted from requiring a
Heritage Permit for the following developments:
(a) ordinary maintenance or repair of building components and does not include
removal or replacement, or a change in design, materials, finishes or appearance;
(b) Painting with colours that have been previously approved in a prior Heritage
Permit for that development;
(c) Holes no larger than 6" in diameter for service entry;
(d) Replacing flat -roof roofing material; and
(e) Landscaping, including, but not limited to, walkway pavers.
5 (4) Nothing in 5(3) exempts the following developments from requiring a Heritage Permit
(a) Replacing gable or mansard roofing;
(b) Painting with colours dissimilar to existing colours;
(c) Adding or removing new elements;
(d) Any cleaning that changes the exterior surface texture including, but not limited
to, pressure washing with abrasives including, but not limited to, water or sand;
and
(e) Altering, constructing or removing fences.
Application for Heritage Permit
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6 (1) An application for a Heritage Permit shall be filed with the Heritage Officer.
6 (2) The Heritage Officer shall accept an application for a Heritage Permit when:
(a) The information submitted appears to be adequate to determine compliance with
the provisions of this By-law;
(b) the information submitted is correct; and
(c) the full application fee has been received by the Heritage Officer.
6 (3) An application shall be in the form prescribed by the Board and shall include, as
applicable:
(a) in the case of an existing building or structure:
(i) a site plan showing the property boundaries and location of the proposed
development;
(ii) elevation drawings, drawn to scale, to illustrate the architectural design,
dimensions, materials and colour of the proposed development;
(iii) "before and after" drawings, sketches or photographs to illustrate both
the existing situation and the proposed alteration;
(b) in the case of new (infill) development:
(i) All materials necessary to demonstrate the appropriateness of the
development within the surrounding streetscape context which may include:
A. site plans;
B. building section drawings;
C. architectural details;
D. specifications and descriptions of materials to be used;
E. elevation drawings; and
F. floor plans.
6 (4) The Board, or the Heritage Officer if so authorized, shall issue a Heritage Permit if the
proposed development meets the standards prescribed by sections 8 and 9_
6 (5) The Board may refuse to issue a Heritage Permit where it considers that the development
plans and specifications submitted as part of the application are incomplete or where such plans
and specifications show that the proposed conservation or development, with the exception of
demolition, is incompatible with the standards prescribed by sections 8 and 9.
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6 (6) A Heritage Permit is valid for a period of two years from the date of its issuance.
6 (7) The Board, or the Heritage Officer if so authorized, shall renew a Heritage Permit for a
period of up to one year from the original date of expiry upon request of the Heritage Permit
holder in the manner prescribed by the Board when the development meets the conditions of this
By-law.
6 (8) A Heritage Permit may be renewed no more than once.
6 (9) The Board, or the Heritage Officer if so authorized, shall notify the Heritage Permit
holder, in writing, that the Heritage Permit has been renewed.
6(10) A Heritage Permit that has expired shall be deemed revoked.
REQUIREMENT TO MEET STANDARDS
7 Repealed;
STANDARDS FOR CONSERVATION OF EXISTING BUILDINGS
8 (1) Any development on an existing building in a Heritage Conservation Area, with the
exception of new (infill) construction or demolition, shall use one or a combination of the
following three conservation treatments:
(a) Preservation of compatible historic materials, detailing and values;
(b) Rehabilitation of compatible historic character -defining elements and values; or
(c) Restoration of historic character defining elements complete with their
appropriate detailing and values to a pre -1915 appearance, when based upon sufficient
evidence.
8 (2) Any development on an existing building in a Heritage Conservation Area, with the
exception of new (infill) construction or demolition, shall comply with the standards prescribed
by the Standards & Guidelines for the Conservation of Historic Places in Canada.
STANDARDS FOR NEW (INFILL) DEVELOPMENT
9(l) Subject to Section 9.1, any development, with the exception of demolitions, within the
Heritage Conservation Areas shall comply with the following regulations:
For the purposes of Section 9 the following definitions apply:
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"neighbouring buildings or structures" means the existing buildings or structures fronting upon
the same side of the street or streets and adjacent or most proximate to the development.
"side yard ratio" means the ratio of the width of the side yard between the side lot line and the
parts of the building or structure nearest thereto, and the total width of the lot.
(a) Where the setbacks of neighbouring buildings or structures are uniform, the
setback of the development shall conform thereto.
(b) Where the setbacks of neighbouring buildings or structures are not uniform:
(i) if the setback of one of the neighbouring buildings or structures is
the same as the setback of the building or structure adjacent or most
proximate to it then the setback of the development shall conform thereto; or
(ii) if the setback of the neighbouring building or structure on either
side of the development is not the same as the setback of those buildings or
structures adjacent or most proximate to it, then the setback of the
development shall conform to that of either of the neighbouring buildings or
structures.
(iii) within the Douglas Avenue Heritage Conservation Area, the
setback for new infill development is to be in alignment with the last
building from the historic period (1853-1940) to have occupied the site.
The Board or the Heritage Officer may permit a different setback where it is
compatible with the appearance of and rhythm of the historic streetscape.
(By-law 93-241)
(c) The side yard ratio on each side of a development shall conform to the relative
side yard ratios of either of the neighbouring buildings or structures so as to maintain the
pattern of open and occupied spaces.
(d) The height of a development shall not be less than 80 percent and not more than
120 percent of the average height of existing buildings on both sides of the block within
which the development is located, regardless of age, except that:
(i) additional height at no point shall be greater than 140 percent of
the height of all buildings on both sides of the block within which the
proposed development is located, and provided that no development shall
interrupt a line starting at a point 5 feet (1.5 meters) vertically above the
curb on the opposite side of the street and projecting past the top of the roof
cornice/parapet at the otherwise maximum permitted 120 percent height
calculated for the proposed development; and
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(ii) if the proposed development is located on a corner lot, the
additional height between 120 percent and 140 percent shall not interrupt a
line as defined in (i) struck from 5 feet (1.5 meters) above the curb of either
street.
(e) The height/width ratio of the facades of a development shall not vary by more
than 10 percent from the height/width ratio of the facades of existing buildings
constructed prior to 1915 and not subsequently altered and located within the same block
as the development, fronting upon the same side of the street.
(f) Notwithstanding paragraph (e), the Board may issue a Heritage Permit for a
building or structure proposed for a parcel of land of a width greater than the average
width of building lots within the same block where such proposed building or structure is
too wide to comply with the height/width ratio set forth in paragraph (e), provided that,
the Developer shall cosmetically divide the facade of such building or structure with
pilasters or other design techniques into sections or bays which do conform to the
required height/width ratio.
(g) The allowable facade opening/wall ratio for the facade of a development shall not
vary by more than 10 percent from the facade opening/wall ratio of the facades on
existing buildings of the same type or style constructed prior to 1915 and not
subsequently altered, and located within the same block as the development, fronting
upon the same side of the street.
(h) The dimensions of the windows in a development shall not vary by more than 10
percent from the dimensions of the windows in existing buildings of the same type or
style constructed prior to 1915 and not subsequently altered, and located with the same
block as the development, fronting upon the same side of the street.
(i) The roof or roofs of a development in regard to their direction, pitch and
arrangement shall conform to those on existing buildings of the same type or style
constructed prior to 1915 and not subsequently altered, and located within the same block
as the development, fronting upon the same side of the street.
0) The size, shape and prominence of a porch, entrance projection or doorway in a
development shall be similar to those found on existing buildings of the same type or
style constructed prior to 1915 and not subsequently altered and located within the same
block as the development, fronting upon the same side of the street.
(k) A development shall use traditional detailing and traditional materials for its
exterior facades in keeping with those found on existing building or buildings of the same
type or style constructed prior to 1915 and not subsequently altered and located within
the same block as the development, fronting upon the same side of the street. The Board
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may permit the use of contemporary materials where their appearance is compatible with
the appearance of traditional materials and detailing.
When reviewing proposals to determine compatibility of contemporary materials, the
Board shall consider but not be limited to the following:
■ Proposed construction assembly detailing and the degree that proposed
matches the appearance of the original;
■ Proposed cross-sectional profiles and the degree that proposed matches
originals;
■ Proposed texture and finish and the degree that proposed matches the
original;
■ When cost is used as a factor, then long-term operating and life -cycle cost,
as well as embedded energy, landfill impact, employment generation and
spin-offs shall be used rather than short term capital cost.
9 (2) In the case where there is no existing building or structure located within the same block
as the development, the standards of this Section are deemed to relate to a building or structure
which is most proximate to the development.
9 (3) Mid -Block developments which do not front on any street or streets, are exempt from the
standards set forth in this Section.
9.1(1) Section 9 does not apply to the erection of any building or portion thereof upon one (1) or
more of the parcels of land identified by Parcel Identification (PID) Nos. 55178784, 55088595,
55184022, 55184014, 55184006, 55202923 and 00009522;
9.1(2) Any building or portion thereof erected upon one or more of the parcels of land identified
in subsection (1) shall comply with the following provisions:
(a) any front yard setback shall not be greater than three (3) metres;
(b) the side yard setback shall not be less than one (1) metre nor greater than two and
one half metres (2.5) metres;
(c) the maximum height shall not be greater than sixty (60) metres, articulated by
base, middle and top proportions as shown on the plans attached hereto as Schedule "A".
The building shall include at an elevation of fifteen (15) metres, plus or minus ten percent
(10%), an offset of a minimum of one and one half (1.5) metres from the base facade;
(d) the facades of the building along King Square South and Sydney Street shall be
articulated with three vertical sections through the use of a central recessed bay that is
sympathetic to the adjacent buildings along King Square South. The street facing facades
of the building shall be developed with horizontal architectural detail reflecting the
elevations of the cornice lines of Imperial Theatre and Admiral Beatty buildings;
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(e) window openings on the facades of the building shall be consistent with the
locations and proportions shown on the plans attached hereto as Schedule "A",-
(f)
A";
(f) the building shall have a flat roof sympathetic to the adjacent buildings along
King Square South;
(g) the building entrance on the King Square South facade shall consist of three
centrally located double doors with transom windows and incorporate a canopy as shown
on the plans attached hereto as Schedule "A";
(h) the building shall use high quality materials for the facades and the exterior
elements. High quality materials shall be used for the base levels of the building,
including but not limited to, stone, masonry, and/or metal with anodized bronze finish.
Contemporary, manufactured materials, including architectural pre -cast concrete panels,
may be used for the facades at levels above the base levels provided they have the
appearance of the materials used in the facades of the base.
Demolition, Removal or Relocation
10 (1) No building or structure within a Heritage Conservation Area, or any appurtenances
thereto, shall be demolished, removed or relocated and no Heritage Permit for such development
shall be issued until,
(a) the building or structure has been identified by the Board as incompatible with the
standards prescribed by the Standards & Guidelines for the Conservation of Historic
Places in Canada or Section 9 of this by-law, as applicable;
(a.1) the building or structure is an accessory building and is a hazard to the safety of
the public by reason of dilapidation or unsoundness of structural strength;
(b) the owner, in accordance with subsection (2), has published an offer to sell the
building or structure and the land pertaining thereto and no agreement for the sale of the
property has been signed, or
(c) the owner has, in accordance with subsection (2), listed the building or structure
and the land pertaining thereto for sale with a Multiple Listing Service® and has also
entered into a contract with a licensed real estate sales person who has an office within
the City, and no agreement for sale of the property has been signed.
10 (2) The owner, who is making an offer to sell or who has entered into a Listing Agreement
for such building or structure shall:
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(a) before publishing the offer to sell, file a copy of it with the Heritage Officer. He
shall also, at his own expense, cause a notice of the offer to sell to be published in the
Telegraph -Journal newspaper at least once a month for a period of not less than six
consecutive calendar months. The sale price in the offer to sell shall be not more that the
higher of the assessed value or the market value as determined by an independent
appraiser in accordance with this by-law, and
(b) before entering into a Multiple Listing agreement, file a copy of it with the
Heritage Officer. The multiple listing agreement shall run for not less than six
consecutive months. The sale price in the multiple listing agreement shall be not more
that the higher of the assessed value or the market value as determined by an independent
appraiser in accordance with this by-law.
10 (3) The Heritage Officer, upon receiving the Offer to Sell pursuant to subsection 2(a), or the
Listing Agreement pursuant to subsection 2(b), shall forthwith notify the Minister responsible for
the Heritaize Conservation Act.
10 (4) The Notice of the Offer to Sell mentioned at paragraph 10 (1) (b) shall:
(a) appear in the real estate section of the newspaper;
(b) be at least one column in width;
(c) have at the top of the ad a headline in 24 pt. type in capitals, indicating the name
of the Heritage Conservation Area that the property is located within;
(d) use 8 pt. type in the text of the ad;
(e) identify the property and its location;
(f) state the offering price;
(g) state the date the Offer to Sell is to begin, which date shall not be earlier than the
date such offer was filed with the Heritage Officer pursuant to subsection 2(a);
(h) include a black and white photograph of the property, to be a minimum of the
width of the column by whatever necessary height, that clearly illustrates the character
defining elements of the property; or
10 (4.1) The Listing Agreement shall be in the form principally used by licensed real estate
agents and brokers within the City of Saint John and shall cause the property to:
(a) be listed with a licensed real estate salesperson who is a member of the Saint John
Real Estate Board;
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UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law
(b) be listed via the MULTTIPLE LISTING SERVICE®;
(c) adhere to the Saint John Real Estate Board's MLS® Rules and Regulations and
its policies for the suitable presentation of the property for marketing purposes;
(d) include a photograph representing a clear and accurate representation of the
property for sale and its heritage character defining elements; and
10 (4.2) Exclusive listings with a REALTOR ® shall not be acceptable for the purposes of this
By -Law.
10 (5) The Board shall refuse to approve the notice of an offer to sell and/or a multiple listing
agreement if the sale price is greater than the higher of the assessed value of the property or the
market value as determined by an independent appraiser in accordance with this by-law.
10 (6) A Heritage Permit for demolition shall be valid for a period of not more than 180 days
from the date of issuance.
TERMS AND CONDITIONS OF HERITAGE PERMITS FOR DEMOLITION
(a) the Board may require the Notice of Offer to Sell referred to in section 10 (1)(b) and
the Listing Agreement referred to in Section 10(1)(c) to remain in effect for a period not
exceeding twelve months if it is the opinion of the Board that the nature of a property to
be sold is such that it would require a publicly advertised Offer to Sell or a Listing
Agreement of more than six months duration in order to attract potential purchasers.
(b) Where the Board makes such a determination it shall notify the owner in writing
of its decision and it shall amend any published notice to sell or the Listing Agreement
and shall pay the additional costs of the advertisement.
11 (2) The owner shall notify the Board if the property has not been sold by the end of the offer
to sell or the multiple listing agreement period, and the Board shall issue a Heritage Permit to
demolish the building or structure, subject to such terms and conditions as the Board deems
necessary for the purpose of preserving any part(s) or character defining element(s) of such
building or structure or appurtenances thereto, including entire facades which are of historic or
architectural value or interest.
11 (3) The Board shall, upon issuing a Heritage Permit approving the demolition, removal or
relocation of a building or structure or any part thereof, under section 10, forthwith, at its own
expense,
(a) cause a notice to be published
(i) on the municipal website; or
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(ii) in a newspaper of general circulation in the municipality
stating that the building or structure in question has been approved for demolition,
removal or relocation, the date of issue of the Permit and outline the statutory right of
appeal which exists against the Board's decision;
(b) notify the Minister responsible for the Heritage Conservation Act that the
Heritage Permit has been issued.
REAL AND TRUE VALUE
12 An owner who wishes to offer his property for sale, or enter into a multiple listing agreement,
for a price that is higher than the assessed value of the property shall engage an independent
appraiser who is mutually agreeable to the owner and the Board and who is a member in good
standing of the New Brunswick Association of Real Estate Appraisers to determine the market
value of the property. An appraiser with a Canadian Residential Appraiser (CRA) designation or
an Accredited Appraiser Canadian Institute (AACI) designation may determine the market value
of a residential property that has no more than four dwelling units by using the direct comparison
approach. Only an appraiser with an AACI designation may determine the market value of any
other property, including but not limited to commercial and residential property having more
than four dwelling units. The determination of the market value is to be made by making an
average of the values found by using each of the following three approaches: i) Cost Approach;
ii) Income Approach; and iii) Direct Comparison Approach. The Board and the owner agree to
be bound by the value determined by the appraiser and to equally share the cost of the appraisal.
13 Repealed;
INTERPRETATION
14 For the purposes of this by-law:
(a) a word importing the masculine gender includes a feminine gender and a word
importing a feminine gender includes the masculine gender;
(b) a word in the singular includes the plural and a word in the plural includes the
singular whenever the context of the by-law would so require.
OTHER
15 The headings used in this by-law are inserted for convenience of reference only and form
no part of the by-law.
SAFETY
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16 (1) Nothing in this by-law shall be construed so as to affect the demolition of any building
pursuant to a notice issued pursuant to sections 190.01(2) or 190.041 of the Municipalities Act,
RSNB 1973, c M-22.
16 (2) Nothing in this by-law shall be construed so as to affect the demolition of any building
pursuant to 190.04(1)(b) or 190.041(3) of the Municipalities Act RSNB 1973, c M-22.
FEES
17 The application fees required under this By-law are listed in Schedule "J".
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
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Schedule "A" Trinity Royal Heritage Conservation Area
Includes the buildings .structures and lands within the boundry indicated on this schedule..
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Schedule "A" Trinity Royal Heritage Conservation Area
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Schedule "B" Quinton Farmhouse Heritage Conservation Area
Includes the buildings, structures and land at 1260 Manawagonish Road
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available from the Clerk's Office of the City of Saint John.
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Schedule "C" Orange Street Heritage Conservation Area
Includes the buildings, structures and lands being the properties on Orange Street bounded
on the east by Crown Street, on the west by Sydney Street, on the north by the rear property
line of all properties facing Orange Street, on the south by the rear property line of all
properties facing Orange Street and by all corner buildings facing onto Carmarthen,
Wentworth and Pitt Streets with a side fa(ade facing onto Orange Street, including the two
buildings located at civic addresses 114 Wentworth Street and 116 Wentworth Street
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
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31 DOUGLAS AV
108 DOUGLAS AV
127 DOUGLAS AV
147 DOUGLAS AV
149 DOUGLAS AV
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233 DOUGLAS AV
234 DOUGLAS AV
241 DOUGLAS AV
248 DOUGLAS AV
249 DOUGLAS AV
254 DOUGLAS AV a ,
260 DOUGLAS AV
272 DOUGLAS AV
274 DOUGLAS AV
297 DOUGLAS AV
302 DOUGLAS AV
303 DOUGLAS AV '
Schedule "D" Douglas Avenue Heritage Conservation Area
Includes the buildings structures and lands as listed and illustrated on this schedule.
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
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Schedule "E" Red Rose Tea Heritage Conservation Area
Includes the building structures and land at 49 Mill Street
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
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UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
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Schedule "F" King Street East Heritage Conservation Area
Includes the buildings, structures and lauds on both sides of King Street East bounded on the west by Sydney
Street, bounded on the east by Courtney Bay, bounded on the north by the rear property line of all properties
facing King Street East, bounded on the south by the rear property line of all properties facing onto King
Street East, and by all corner properties width are facing onto Sydney Street, Carmarthen Street, Wentivorth
Street, Pitt Street and Crown Street with a side faVade facing onto King Street East
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
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Schedule "F" King Street East Heritage Conservation Area
Includes the buildings, structures and lauds on both sides of King Street East bounded on the west by Sydney
Street, bounded on the east by Courtney Bay, bounded on the north by the rear property line of all properties
facing King Street East, bounded on the south by the rear property line of all properties facing onto King
Street East, and by all corner properties width are facing onto Sydney Street, Carmarthen Street, Wentivorth
Street, Pitt Street and Crown Street with a side faVade facing onto King Street East
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
x'191
UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law
183 DUKE STW
205 DUKE STW
286 KING STW
287 KING STW
291 KING STW
293 KING STW 5
300 KING STW O
302 KING STW
313 KING STW
315 KING STW
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Schedule "G" King Street West Heritage Conservation Area
Includes the buildings, structures and lauds individually listed on this schedule as indicated on this map.
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Schedule "H" Torryburn Heritage Conservation Area
Inlcudes the buildings, structures and lands located at 1020 Rothesay Road
and 1107 Rothesay Road
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available from the Clerk's Office of the City of Saint John.
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Schedule "I" Princess Street Heritage Conservation Area
Includes the properties, structures and lands located on both sides of Princess Street bounded on the west by
Sydney Street, bounded on the east by Carmarthen Street, bounded on the north by the rear property line o_f all
properties facing Princess Street, bounded on the south by the rear property line of all properties facing
Princess Street and by all corner properties which are facing onto ,Sydney Street or Carmarthen Street, with a
side faVade facing onto Princess Street and shall include the property at the north-west corner of the
intersection of Sydniy Street and Princess Street as well as the property at civic address SO Sydney Street
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
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UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law
Schedule J: Fees
The application fees referred to in this By-law are as follows:
Developments which include
$1,000.00
demolition, removal or relocation
pursuant to section 10.
All other developments
Free
Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
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UNOFFICIAL CONSOLIDATION. Saint John Heritage Conservation Areas By-law
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Unofficial consolidation of the Saint John Heritage Conservation Areas By-law. An official version of all by-laws is
available from the Clerk's Office of the City of Saint John.
OR
Received Date
March 30, 2017
Meeting Date
April 03, 2017
Open or Closed
Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Video of Open Council and Committee Meetings
Background:
With certain thanks to Rogers and our Common Clerk, Saint John Common Council regular meetings have
been available for the public to watch for several years. With the advancement of technology, we are able to
take another step forward in allowing interested members of the public to watch our proceedings.
The motion is left purposefully broad to allow staff the opportunity to investigate different means of meeting
the policy. Once upon a time, it was Cable 10, and now we are streamed and stored online for our regular
council meetings. Moving to the future, we should be using the technology available to continue to engage
our interested citizenry. Facebook live would be an example of one of these possibilities.
Motion:
All open meetings of Saint John Common Council (Council, Committee of the Whole and Committees of SJCC)
be made available online.
Respectfully Submitted,
(Received via email)
Gary Sullivan
Councillor at Large
City of Saint John
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saint)ohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
---- — I
COUNCIL REPORT
M&C No.
2017-85
Report Date
March 27, 2017
Meeting Date
April 03, 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Zoning By -Law Text Amendments related to Medical Marijuana
Production Facilities
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
I Commissioner/Dept. Head
I City Manager
Mark Reade
I Jacqueline Hamilton
I Jeff Trail
RECOMMENDATION
That Common Council:
• Refer the proposed text amendment to the Zoning By-law to permit
Medical Marijuana Production Facilities to the Planning Advisory
Committee for a report and recommendation and set a Public Hearing
date of May 1, 2016.
• Direct Growth and Community Staff to report back to Common Council
regarding the proposed Federal Legislation and its implications for the
Zoning By-law.
EXECUTIVE SUMMARY
City Staff are proposing a text amendment to the City of Saint John Zoning By-
law to include production facilities for medical marijuana as a permitted use in
select industrial zones. These facilities are currently subject to licensing by
Health Canada and are permitted land uses in Moncton and Fredericton. This
approach would allow for the City to capitalize on the potential for a medical
marijuana production facilities to locate in Saint John given that there have
been two such facilities established in New Brunswick in recent years.
These are large-scale facilities which generally resemble a large industrial
building, such as a warehouse, where marijuana is produced, processed and
shipped for medical use in accordance with Federal Legislation. Growth and
Al
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Community Development Staff are recommending amendments to the Zoning
By-law that would follow a similar approach as that taken by Moncton and
Fredericton to permit these large-scale facilities licensed by Health Canada.
These facilities are different from the small-scale marijuana dispensaries which
have been established in Saint John and other Canadian municipalities recently.
These smaller -scale facilities involve the retail sale of marijuana and are currently
not licensed by Health Canada. Growth and Community Development Staff will
review the proposed federal marijuana legalization legislation once it is
introduced and report back to Common Council regarding the implications for the
Zoning By-law.
PREVIOUS RESOLUTION
There are no previous resolutions of Common Council related to this matter.
STRATEGIC ALIGNMENT
This matter aligns with the following Council priorities:
• Ensure Saint John has a competitive business environment for
investment.
• Support the creation and attraction of businesses that create job
opportunities.
REPORT
This report reviews the current approach to municipal zoning for both large-scale
marijuana production facilities licensed by Health Canada and the small-scale
storefront marijuana dispensaries that have been recently established in many
Canadian municipalities.
The Province of New Brunswick has identified research, production and value-
added services associated with marijuana as an area of focus in its Economic
Growth Plan. Currently under Federal law, opportunities exist for the
development of large-scale production facilities for medical marijuana with these
facilities being licensed by Health Canada. Two facilities are currently located in
New Brunswick - OrganiGram in Moncton, and Zenabis in Campbellton.
Federal licensing of these facilities is administered by Health Canada and
licensed producers can be authorized to possess, sell provide, ship, deliver,
transport, destroy, produce, export and/or import marijuana for medical
purposes.
Staff note that these large-scale facilities are different from the storefront
marijuana dispensaries that have recently been the subject of police
enforcement and media attention. While these dispensaries have recently been
qe:3
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established in Saint John and other Canadian municipalities, the operation of a
storefront cannabis retail business is contrary to federal law. Any zoning
approval for such establishments provided by municipality would not preclude
law enforcement officials from proceeding with enforcement action, including
prosecution.
With respect to the smaller -scale dispensaries, the Federal Government has
indicated it is proceeding towards the legalization of marijuana which would
allow for the production and sale of marijuana to users beyond those who utilize
it for medical purposes.
Large Scale Production Facilities
Currently large-scale production facilities for medical marijuana must obtain a
license, with the prospective licensee meeting a series of requirements through
Health Canada. These requirements include obtaining the proper security
clearances for personnel employed at the facility and meeting the physical
security requirements for the cultivation and storage areas.
In addition, prior to submitting an application to become a licensed producer of
marijuana for medical purposes, the prospective licensee must provide a written
notice to the following local authorities informing them of their intention to
submit an application:
the local police force or Royal Canadian Mounted Police
detachment responsible for providing policing services to the area
in which the proposed site is located;
the local fire authority of that area; and
the local government (municipality) of that area.
Municipalities cannot stop the licensing process, nor can they prohibit a licensed
operator from operating within their boundaries. However, licensed producers
must respect the local zoning by-law in in effect.
Current Approaches in New Brunswick
Within New Brunswick, medical marijuana production facilities are permitted
uses in the Zoning By-laws of both Moncton and Fredericton. These
municipalities define medical marijuana production facilities as facilities which
are licensed by Health Canada and this land use is listed as a permitted use in
select industrial zones. These industrial zones are generally found in established
industrial parks of both communities.
Both Moncton and Fredericton have requirements in their Zoning By-laws which
require a separation distance from residential areas and sensitive community
06%]
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uses such as schools. In addition, all functions associated with the facility are
required to occur within a completely enclosed building.
A Proposed Approach for Saint John
Growth and Community Development Staff note enquiries have been received
from the community regarding appropriately -zoned locations for the
establishment of these facilities in Saint John. Given this, combined with the fact
that such facilities have been identified by the Province as a component of its
economic growth strategy, Growth and Community Development Staff
recommend that the Saint John Zoning By-law be amended to allow for medical
marijuana production facilities. The City's role would be to mitigate possible
adverse impacts on citizens and the community through the appropriate location
of these facilities in Saint John.
A high-level outline of the proposed amendments is as follows:
• Adding the definition of a "Medical Marijuana Production Facility" to the
definitions section of the Zoning By-law and reviewing / amending other
definitions so that this facility cannot be considered an agricultural or
other use. This is similar to the approach taken by Moncton.
• Adding these facilities as a permitted use in the Medium Industrial (IM)
and Heavy Industrial (IH) zones.
• Adding specific spacing and site design conditions similar to those used
by Moncton and Fredericton.
• Other minor amendments such as adding a specific parking requirement
for this use.
Should Common Council choose to proceed with this approach, the matter could
be referred to the Planning Advisory Committee's (PAC) meeting of April 19. This
would provide the following timeline for by-law adoption:
• April 3 Common Council Refers the matter to PAC and sets a
Public Hearing date of May 1, 2017
• April 19 PAC Meeting
• May 1 Public Hearing
• May 15 Third Reading
The Zoning By -Law amendment process will include advertisements in the
Telegraph -Journal on April 6 and April 26, 2016 in accordance with the
requirements of the Community Planning Act notifying the Public of the
proposed amendment and Public Hearing date.
`tell]
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Storefront Mariivana Dispensaries
Recently storefront marijuana dispensaries have been established in Saint John.
These retail outlets have been subject to police enforcement on two separate
occasions and to the knowledge of Growth and Community Development are not
licensed by Health Canada.
Federal Law does not allow municipalities to permit medical marijuana retail
stores or clubs. Federal legislation only allows a licensed producer to ship
medical marijuana directly to a patient or a medical professional.
It is anticipated that Federal legislation will be introduced in early -to mid-April to
legalize marijuana in Canada by July 1, 2018. While some Canadian municipalities
have taken approaches to recognize dispensaries in their Zoning By-law, Saint
John has not.
Growth and Community Development Staff have undertaken a cursory review of
the approaches taken by other Canadian municipalities with respect to
incorporating dispensaries as a land use in their Zoning By-laws. Many of these
municipalities have taken the approach to generally prohibit the use given the
current Federal legislation. Staff propose to report back to Common Council
following the presentation of the proposed Federal legislation regarding the
implications of the proposed legalization legislation on the City's Zoning By -Law.
This will allow for a proactive approach to be adopted by the City prior to the
July 1, 2018 legalization date.
SERVICE AND FINANCIAL OUTCOMES
The proposed amendments to the Zoning By-law would provide an opportunity
for economic development within a growth sector established in the Province's
Economic Growth Plan. The amendments would also bring approach taken by
Saint John in zoning large-scale medical marijuana production facilities in-line
with those of Moncton and Fredericton.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Growth Committee was advised of the proposed approach and is supportive
of this proactive approach to medicinal marijuana production. In addition, the
Legal Department has reviewed the proposed approach.
Growth and Community Development Staff will consult with other service areas
including Legal, the Saint John Fire Department and the Saint John Police Force
with respect to the proposed amendments as part of the preparation of the Staff
Report to the Planning Advisory Committee.
`to]I
COUNCIL REPORT
M&C No.
2017-086
Report Date
March 28, 2017
Meeting Date
April 03, 2017
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2017 Roadway Construction Projects
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Brian Keenan
Michael Hugenholtz
m
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council receive and file this report.
EXECUTIVE SUMMARY
The City of Saint John has a number of major construction projects under both the
General Fund and Utility Fund Capital Programs that will have a significant
impact on traffic arteries. A map identifying the location of 2017 City projects is
attached. Projects that will have a more significant impact on traffic are
highlighted later in this report.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
November 28, 2016; 2017 General Fund Capital Program Approved.
March 6, 2017; 2017 Water & Sewerage Utility Fund Capital and General Fund
(Transportation & Storm Categories) Capital Program Adjustments Approved.
`[oy�
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STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
REPORT
Staff of local road authorities - New Brunswick Department of Transportation and
Infrastructure (NBDTI), Gateway Operations and the City of Saint John met on
March 21, 2017 to exchange information on planned construction projects and to
consider effects of the construction on the transportation network and traffic in the
Saint John region. Also included were local utilities Saint John Energy, Enbridge
Gas, Maritimes & Northeast Pipeline, Emera Brunswick Pipeline, Bell Aliant,
Rogers Communication, Irving Refinery, and the Safe Clean Drinking Water
Proponent - Port City Water Partners. The 2017 construction season will again
have many large projects with impacts to traffic flows. The meeting was
productive with groups sharing information on major projects that will impact
traffic flows during the 2017 construction season.
The purpose of this report is to update Council on current and planned roadway
construction and the steps being taken to help mitigate impacts on users of the
transportation network.
Route 1 and Interchanges
Work will be taking place this season by Gateway Operations on the Gilbert
Street, Mill Street, Wall Street, Lancaster Avenue and the Fairville
Boulevard/Catherwood Street overpass structures resulting in lane reductions.
Retaining wall repairs will be carried out on Lancaster Avenue and Fairville
Boulevard resulting in lane reductions. Culvert work will be taking place under
the MacKay Interchange affecting both off ramps at Rothesay Avenue Exit 129
East Bound and Exit 129 West Bound. Detours to alternate off ramps will be
necessary to accomplish this work.
NBDTI Proiects
NBDTI will be undertaking work on Route 7 near Welsford to replace a culvert
which will include a crossover style detour. Work will also be taking place on the
foundations at the Reversing Falls Bridge but should not impact traffic flow. A
deck replacement is scheduled for late fall for the Martinon overpass structure
near Grand Bay requiring a 6-8 week closure of the overpass. Asphalt
Maintenance Resurfacing will be undertaken on the twin north bound lanes of
Route 7 (north of Route 1) which will result in lane closures.
City Proiects
The attached City of Saint John Projects Map for 2017 includes projects under
several categories:
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• Asphalt Maintenance Resurfacing
• Water and Sewer Construction
• Street Reconstruction
• Safe Clean Drinking Water Project
Generally, the Asphalt Maintenance Resurfacing projects are carried out in stages:
asphalt cold milling, structure adjustments and paving. These projects are
normally of short duration with each location taking a few days to complete
depending on length of roadway to be resurfaced. The construction duration will
be longer for those locations where concrete curbs/sidewalks are included.
Water & Sewer Renewals require trench excavation in roadways and will result in
lane reductions, but there will be full road closures only in special cases where
buried infrastructure is complex and significant work is being carried out
simultaneously in various sections of the closed roadway.
Street Reconstruction projects normally involve underground infrastructure
renewals and replacement of roadway granulars in preparation for new curb,
sidewalk and asphalt installations. This type of construction work normally
requires full road closure.
The Safe Clean Drinking Water Project includes the design and construction of a
new Water Treatment Plant on the east side of Saint John, a new Wellfield on the
west side of Saint John, new transmission mains and the rehabilitation of existing
transmission mains at various locations in Saint John.
From the Projects Map, the following projects will result in significant impacts to
traffic flow:
• Loch Lomond Road Asphalt Maintenance Resurfacing (Eldersley
Avenue to Javin Hill Drive and Gibbon Avenue to Charles Street East)
- lane reductions.
• Majors Brook Drive (McAllister Drive to Consumers Drive and
Consumers Drive (Majors Brook Drive to Westmorland Road) —
Asphalt Maintenance Resurfacing — lane reductions.
• Chipman Hill (Union Street to King Street), King Street (Water Street
to Charlotte Street), Carmarthen Street (Union street to Leinster Street)
and Crown Street (Leinster Street to Queen Street) - Asphalt
Maintenance Resurfacing — lane reductions.
• Main Street West (Railway Tracks to Church Avenue) and Sand Cove
Road (Bleury Street to Driftwood Lane) - Asphalt Maintenance
Resurfacing — lane reductions.
• Fairville Boulevard (Linton Road to Emco Lane) — Storm Sewer
Upgrade — lane reductions.
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McAllister Drive (Civic 4402 McAllister Drive to Mountain View
Drive) — Watermain Upgrade — lane reductions.
• Ocean Westway (Spruce Lake to Pipeline Road West) - Safe Clean
Drinking Water Project — lane reductions.
• Hickey Road (Grandview Avenue to Loch Lomond Road) — Safe
Clean Drinking Water Project— lane reductions.
• Loch Lomond Road (Hickey Road to Bon Accord Drive) - Safe Clean
Drinking Water Project — road closures and/or lane reductions.
• Loch Lomond Road (Westmorland Road to MacDonald Street) - Safe
Clean Drinking Water Project — road closures and detours.
• Westmorland Road (Loch Lomond Road to Ellerdale Street) - Safe
Clean Drinking Water Project — road closures and detours.
• Rothesay Avenue (Thorne Avenue to McLean Street) - Safe Clean
Drinking Water Project — lane reductions.
• Bridge Road at Intersection with Fallsview Drive - Safe Clean
Drinking Water Project — lane reductions.
Traffic disruption could be subject to change depending on particular design
and/or construction circumstances. Detailed traffic control plans will be
developed with contractors and design consultants for all major construction
projects. In addition to those identified above, other planned projects shown on
the Projects Map should be less disruptive.
There will also be normal operational and maintenance activities carried out by
Saint John Water and Transportation & Environment Services crews. These are
smaller in scope and usually only disrupt traffic on a street or street sections for a
relatively short period. Staff have also communicated with other local utilities —
Enbridge Gas, Bell Aliant and Saint John Energy — to exchange information about
their work activities in order to coordinate respective programs and plans.
SERVICE AND FINANCIAL OUTCOMES
The planned roadway construction projects will result in improvements to the
municipal infrastructure.
`Wee
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Communications — Construction Information
Keeping citizens informed is a key component of a successful construction
season. Transportation & Environment Services, Engineering, SJ Water, Saint
John Police and Communications will work together with SJ Transit, SJ Parking
Commission, NBDTI, Gateway Operations, Port City Water Partners and the
various other utilities and contractors to ensure that the public is kept informed on
projects, delays and changes to traffic patterns. The various groups will also work
together to promote information regarding alternate routes and modes of
transportation.
A coordinated communications campaign is being initiated to keep the public
informed on construction progress throughout the season, along with impacts on
the highway and road networks and various forms of transportation.
The following will be utilized to communicate information to the public:
• Public information sessions for major projects where required. The Safe Clean
Drinking Water Project is an example of a recent report on the March 20, 2017
council agenda to advise of a planned Public Information Session for March
30, 2017;
• The weekly construction updates report sent to the media and posted to the
City's Website, sent via email notification, Twitter and Facebook each Friday.
A sample of the weekly update is attached for information. Further information
will be compiled as additional 2017 construction projects commence;
• "Spot" traffic advisories disseminated as required through various channels
including media, email notification, Twitter and Facebook;
• Onsite information signage where needed and;
• Working with Destination Saint John and the Visitor Information Centres to
keep visitors/tourists informed.
• Comprehensive project information posted on the City's website including a
construction map, a list of all projects and an explanation of the work to be
carried out and detailed information about large projects;
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Many construction projects and activities have begun or are planned for the 2017
construction season. Agencies are coordinating their public communications
effort and this will continue as projects progress. Despite these, the public should
expect disruption to traffic flows. Patience and understanding on the part of all
network users will be important.
ATTACHMENTS
• City of Saint John Projects Map
• City of Saint John Weekly Construction Update
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i IIEI I LY CONS I iI UPDATE
Municipal Operations and Engineering
Ingenierie et operations municipales
(506) 658-4455 Fax/Telecopieur : (506) 658-4740
uoicipaloperatieasCa?s tjohn.ca.saiutja�hzt.ca
SAINT JOHN
Construction Update / Nouvelles helbdomadaires March 23, 2017 / le 23 mars 2017
Drive with caution or use alternate route
P mice wffl be MORWring traffic
Expect traffic interruptions
CITY OF SAINT JOHN PROJECTS
Safe Clean PrInkin
r
RMUM393M
Latimore Lake Road — Hickey Road — Grandview
Avenue / Latimore Lake Road / Hickey Road
Intersection
This project involves the construction of a new,
75 million litres per day WTP on City -awned
property at the intersection of Hickey Road and
Latimore Lake Road, which will greatly improve
the quality of drinking water for Saint John
residents and businesses.
Work activities currently underway include:
• Continue installation of concrete
foundations, slabs and walls.
Component - i
WTP
uondaisex Iprau ean meant on utillisez an nu"et.
La (pumice suurreiiiern Its circulation.
R.ttendez-vouus I des Interruptions de is dreuladon.,
This project involves the construction of three (3)
separate 11,000 m3 steel water storage tanks.
Work activities currently underway include:
+ Backfill around tank foundations.
ble et salubre
II nfrastructuore Irllrnaiulire
Route du lac Latimore — chemin Hickey — avenue
Grandview / route du lac Latimore / intersection
du chemin Hickey
Le projet comprend la construction d'une usine
de traitement de 75 millions de litres d'eau par
jour sur le terrain municipal situe a l'intersection
du chemin Hickey et de la route du lac Latimore
pour nettement am6liorer la qualite de Peau
potable des residents et entreprises de Saint
John.
Activites de travail en tours :
Continuer ('installation des fondations,
dalies et murs de beton.
d6ment 2-1"se it st c e ®ea _
l'usine de traitement
Le projet consiste a construire trois (3) reservoirs
en acier de 11000 m3 chacun.
fi[ole.]
Ib EEII(I,,,'' i„wir.)xr
Municipal Operations and Engineering
Ingenierie et operations municipales
(506) 658-4455 Fax/Telecopieur : (506) 658-4740
unicipralloperationssa” tjeinn„ca MML” .c
5�
SAINT JOHN
• Continue erection of reservoir tanks.
Please observe construction signs and drive
carefully through the construction zones. Watch
out for workers and slow moving truck traffic.
Activites de travail en cours :
• Remblayage autour des fondations de
reservoirs.
• Continuer I'erection des rdservoirs.
Dans les zones de construction, respectez les
panneaux et conduisez prudemment. Attention
aux travailleurs et aux camions qui circulent
lentement.
Additional infrastructure
Infrastructure additioiniYnelle
Component ®1 Water Treatmen
916ment 1-1 Usinei
Installation of water transmission piping will
L'installation de nouveaux tuyaux de transmission
continue.
de Peau va se poursuivre.
Compone t 4-1 Water Transmission i .i _
t ®1 Leri s issi
Heightst ti
__--(Station -- Lakewood d
Nsine de traittralternent des x
Installation of culverts will continue.
L'installation des ponceaux continuera.
eld Develoent-an
Component 4-5 WellifiAm
Tr issi i i
" " champ
caplage.et tuyauteriea distribution d'eau
This project involves the construction of a new
pump station and installation of a new water
Le projet comprend la construction d'une
transmission main, which will transmit water
nouvelle station de pompage ainsi que
from the new wells to the existing Spruce Lake
('installation d'une nouvelle conduite d'eau
Pump Station. The new wellfield is located on a
principale qui amenera 1'eau des nouveaux puits
City -owned property near the intersection of
jusqu'� la station de pompage existante du lac
Gaelic Drive and Downsview Drive.
Spruce. Le nouveau champ de captage est situe
sur un terrain municipal pres de ('intersection
Work activities on this component involve
Gaelic et Downsview.
installation of new water transmission mains and
a new well site building. Construction of the
Les activites pour cet element incluent de
building will continue.
nouvelles conduites d'eau et un batiment neuf
pour le puits. La construction du batiment se
poursuit.
fisK
WEEKLY O s"rR CTIGIN iUPDATE
Municipal Operations and Engineering
Ingenierie et operations municipales
(506) 658-4455 Fax/Telecopieur : (506) 658-4740
municipaloperations@saintjohn.ca www.s jigfighg&I
fla X42T f.fl4 tRT
Ua &N a yva.w.�
I'll A,,, -. , ., , It J Y
Excavation and installation of water transmission
piping in locations along Ocean Westway and
Pipeline Road West will continue.
Residents and motorists on Ocean Westway
should expect construction activities in this area.
Please observe construction signs and drive
carefully through the construction zones. Watch
out for workers and slow moving truck traffic.
L'excavation et ('installation de la tuyauterie de
distribution d'eau dans des endroits le long de la
voie Ocean Ouest continueront.
Les residents et les automobilistes dolvent
s'attendre a des activites de construction dans
cette zone.
Dans les zones de construction, respectez les
panneaux et conduisez prudemment. Attention
aux travailleurs et aux camions qui circulent
lentement.
111
3
From: George Gould
Sent: Tuesday, March 07, 2017 3:08 PM
To: 'doin_w�larliing(ju��>��iiiri�. lr1ir�_w� �'
Subject: Presentation to City Council
Hello Don,
I had initially contacted you on Linkedln about giving a presentation to City Council
pertaining to the Portage Atlantic Treatment Center in Norton, New Brunswick.
We provide services to youth between the ages of 14-21 who are ready to address
their addiction/ mental health challenges on a voluntary basis. These services are at
no cost to New Brunswickers who are involved with the Department of Justice/Public
Safety or Mental Health/ Addictions. From these two departments, we have 42 beds,
and at this given time10 beds open. The duration of the treatment is 6 months.
The offering is Gender Separate, Bilingual and is designated as an Alternative
Education Center. The youth get work from the school that they previously attended
as not to lose their place even further in the education system. Youth have been able
to complete their high school while others wrote their GED.
As director of Client Relations, I find that using Public Information as a vehicle to get
the message across seems to only remain in the minds of those who are in need at
that given moment, so it is an ongoing initiative to get the word out.
Don, I would greatly appreciate the opportunity to present to the Council what has
been available in their backyard for over 20 years. Many youth have benefitted from
the Portage Atlantic experience. Many have come from Saint John, so some may be
familiar, after all.
It's a rewarding endeavor to help the future tax payers of our province to get their
lives back on the rails.
Sincerely,
Geordie A Gould
Director Of Client Relations
Portage Atlantic
Office 506-452-0394
Cell 506-434-4639
IiSK
April 3, 2017
Deputy Mayor and Councillors
Subject: Settlement Recommendation Employee No. 9372
The Committee of the Whole, having met on April 3, 2017, made the following
recommendation:
RESOLVED that Committee of the Whole having met on April 3, 2017 recommends to Common
Council a payment of $67,500.00 be made to a former employee of the City, previously
identified by Employee No. 9372, as a full and final settlement of the grievance challenging,
inter alfa, the termination of that former employee's employment with the City in exchange for
a withdrawal of the grievance and the aforementioned former employee's signing of a
comprehensive release respecting any and all claims that he now has or may have in the future
respecting his employment with the City.
Sincerely,
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113