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2010-01-18_Agenda Packet--Dossier de l'ordre du jour1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Nominating Committee 10.2(4)(b) 1.2 Employment Matter 10.2(4)(j) 1. Call to Order Prayer 5:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of December 21, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Teed Letter: Government Support for Digby Ferry (Recommendation: Receive for Information) 5.2 Teed Letter: Harbour Clean -up Cost Share (Recommendation: Receive for Information) 5.3 Terms of Reference Saint John 225 (Recommendation in Report) 5.4 Tender for Supply and Installation AS400 Host System (Recommendation in Report) 5.5 Destination Marketing Organization (Recommendation in Report) 5.6 Westfield Road Reconstruction Project 1900 Westfield Road PID 00296426 (Recommendation in Report) 5.7 Appointment of By -law Enforcement Officers (Recommendation in Report) 5.8 Sauerteig Letter: Non Compliance of Brunswick Pipeline Co. with Certificate GC -110 of National Energy Board (Recommendation: Receive for Information) 5.9 Provincial Tourism Guide 2010 (Recommendation in Report) 5.10 Renewal Lease of Land Rogers Wireless (Recommendation in Report) 5.11 Proposed Public Hearing Date 130 Gault Rd and 33 Smythe St (Recommendation in Report) 5.12 Retirement on the Order of Council Applicant #4250 (Recommendation in Report) 6. Members Comments City of Saint John Common Council Meeting Monday, January 18, 2010 Committee of the Whole Regular Meeting 7. Proclamation 7.1 Heart and Stroke Month 8. Delegations Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -Law Amendment 34 -36 Jean St 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2(a) Proposed Zoning By -Law Amendment 172 -176 Beacon St 9.2(b) Planning Advisory Committee Recommending Rezoning 9.3 Business Improvement Area (BIA) By -Law Amendment BIA Levy 9.4(a) Proposed Amendment to Section 39 Conditions 40 Mountain View Dr 9.4(b) Planning Advisory Committee Recommending Section 39 Amendments 9.4(c) Letter of Opposition 9.4(d) Letter of Support 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Traffic Signaling Device Sandy Point Road (Deputy Mayor Chase) 11.2 Police Commission 2011 Budget (Councillor Titus) 11.3 Fire Department 2011 Budget (Councillor Titus) 11.4 Vacant Property 130 -134 Milford Road (Councillor McGuire) 11.5 Brunswick Pipeline and Milford Community (Councillor McGuire) 11.6 Crescent Valley Neighbourhood Renewal Plan (Councillor McGuire) 11.7 Hiring Freeze (Councillor Higgins) 11.8 Heritage Preservation Designation (Councillor Higgins) 11.9 Industrial and Business Parks Renewable Energy (Councillor Higgins) 12. Business Matters Municipal Officers 12.1(a) Acting City Manager: 2010 General Fund Operating Budget 12.1(b) Acting City Manager: Proposed 2010 Operating and Capital Budgets Saint John Water and Sewerage Utility Fund 12.2 Acting City Manager: Exemption Permit Program Analysis 12.3 Acting City Manager: Contract No. 2009 -11: Ocean Westway Water Transmission Main 12.4 Acting City Manager: Municipal Plan Public Launch 12.5 City Solicitor: Harbour Cleanup Project 13. Committee Reports 13.1 Planning Advisory Committee: Street Vesting 2050, 2250 -2290 2285 Westfield Rd 13.2 Planning Advisory Committee: 600, 621 646 Fairville Blvd Subdivision Assent 13.3 Saint John Board of Police Commissioners: New Executive Officers 2010 13.4 Mispec Park Recreation Committee Inc.: 2009 Income Statement and 2010 Proposed Operating Budget 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 2 The City of Saint John Seance du conseil communal Le mardi 18 janvier 20100 Comite plenier 1. Ouverture de la seance 17 h Salle de conference, 8 etage, hotel de ville 1.1 Comite des candidatures alinea 10.2(4)b) 1.2 Question relative a 1'emploi alinea 10.2(4)j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h 30 Salle du conseil 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 21 decembre 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a l'approbation du conseil 5.1 Lettre revue de M. Teed au sujet du soutien du gouvernement concernant le service du transbordeur assurant la navette entre Digby et Saint John recommandation accepter a titre informatif) 5.2 Lettre revue de M. Teed au sujet du partage des coiits concernant le nettoyage du port recommandation accepter a titre informatif) 5.3 Comite de Saint John 225 recommandation figurant au rapport) 5.4 Soumission relative a la fourniture eta 1'installation du systeme hote AS400 recommandation figurant au rapport) 5.5 Organisation de marketing de destinations recommandation figurant au rapport) 5.6 Projet de refection du chemin Westfield concernant un terrain situe au 1900, chemin Westfield portant le NID 00296426 (recommandation figurant au rapport) 5.7 Nomination des agents d'execution des arretes municipaux recommandation figurant au rapport) 5.8 Lettre revue de Sauerteig au sujet de la non conformite de Brunswick Pipeline Co. au certificat GC -110 de 1'Office national de 1'energie recommandation accepter a titre informatif) 5.9 Guide touristique provincial de 2010 recommandation figurant au rapport) 5.10 Reconduction du bail de bien -fonds Rogers Wireless Inc. recommandation figurant au rapport) 3 19 h 5.11 Date proposee pour la tenue dune audience publique concernant le 130, chemin Gault et le 33, rue Smythe (recommandation figurant au rapport) 5.12 Retraite Decret en conseil requerant n° 4250 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois du caeur 8. Delegations et presentations 9. Audiences publiques 9.la) Projet de modification de 1'Arrete de zonage visant les 34 -36, rue Jean 9. 1b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage 9.2a) Projet de modification de 1'Arrete de zonage visant les 172 -176, rue Beacon 9.2b) Comite consultatif d'urbanisme recommandant le rezonage 9.3 Modification de 1'arrete concernant la zone d'amelioration des affaires Taxe relative a la zone d'amelioration des affaires 9.4a) Projet de modification des conditions imposees par Particle 39 relativement au 40, promenade Mountain View 9.4b) Comite consultatif d'urbanisme recommandant la modification de Particle 39 9.4c) Lettre d'opposition 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Dispositif pour feux de circulation chemin Sandy Point (maire suppleant Chase) 11.2 Budget 2011 du Bureau des commissaires de la police (conseiller Titus) 11.3 Budget 2011 du service d'incendie (conseiller Titus) 11.4 Lot vacant situe aux 130 -134, chemin Milford (conseiller McGuire) 11.5 Brunswick Pipeline et Centre communautaire de Milford (conseiller McGuire) 11.6 Plan de renouvellement du quartier Crescent Valley (conseiller McGuire) 11.7 Gel des embauches (conseillere Higgins) 11.8 Designation de sauvegarde du patrimoine (conseillere Higgins) 11.9 Pares industriels et commerciaux/Energie renouvelable (conseillere Higgins) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 (a) Directeur general par interim Budgets de depense et d'immobilisation de 2010. 12.1(b) Directeur general par interim Budgets de depense et d'immobilisation de 2010 proposes relatifs au fonds du reseau d'aqueduc et d'egouts de Saint John 12.2 Directeur general par interim Programme d'exemption de permis Analyse 12.3 Directeur general par interim Contrat n° 2009 -11 concernant la conduite d'eau principale de la voie Ouest Ocean 12.4 Directeur general par interim Lancement public du plan municipal 12.5 Avocat municipal Projet de nettoyage du port 13. Rapports deposes par les comites 4 13.1 Comite consultatif d'urbanisme Inclusion dune rue 2050, 2250 -2290 et 2285, chemin Westfield 13.2 Comite consultatif d'urbanisme Consentement de lotissement concernant les 600, 621 et 646, boulevard Fairville 13.3 Bureau des commissaires de la police de Saint John Nouveaux agents administratifs en 2010 13.4 Mispec Park Recreation Committee Inc. Etat des resultats pour 2009 et budget d'exploitation propose pour 2010 14. Etude des sujets ecartes des questions soumises a l'approbation du conseil 15. Correspondance generale 16. Levee de la seance 5 tit CM ovf Saint 'k� January 15, 2010 His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of January 18th, 2010 contains the following items on the agenda: 1.0 Nominating Committee 10.2(4)(b);1.2 Committee of Council 10.2(4)(b); 1.3 Employment Matter 10.2(4)(,j) Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of council, or committee of council, to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion (b) "personal information" (j) "labour and employment matters, including the negotiating of collective agreements" Jonathan Taylor Assistant Common CI)erk SAINT O J N P.C). 1 9771 Saint �ohn, N.B Canada E?L 4L'T vwow'.: aintiol' nza 6 C 19.'11 irnt ah,h,n, ',4 Canada E2L 4L. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, McGuire, Mott, Snook, Sullivan, and Titus and P. Woods, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; B. Hanley, Police Inspector; G. Green, District Fire Chief; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 21 DECEMBRE 2009, A 18 H 30 Sont presents Ivan Court, maire 1. Call To Order Prayer 2. Approval of Minutes 2. Approbation du proces- verbal le maire suppleant Chase et les conseillers Court, Farren, Killen, McGuire, Mott, Snook, Sullivan et Titus 1. Ouverture de la seance, suivie de la priere et P. Woods, directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; B. Hanley, inspecteur de police; G. Green, chef du service d'incendie du district; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. Mayor Court called the meeting to order and Deacon Bob Freill offered the opening prayer. La seance est ouverte par le maire Court, et le diacre Bob Freil recite la priere d'ouverture. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on November 23, 2009 be approved. Question being taken, the motion was carried. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 23 novembre 2009 soit approuve. A I'issue du vote la nronosition est adontee Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of items: 13.1 Committee of the Whole Recommended Appointments to Committees; 13.2 Committee of the Whole Harbour Clean up Land Acquisition; 13.3 Committee of the Whole Settlement Proposal Keith Rowe Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points suivants 13.1 Comite plenier Recommandations de nominations pour sieger aux comites; 13.2 Comite plenier Acquisition fonciere dans le cadre du nettoyage du port; 13.3 Comite plenier proposition de reglement de Keith Rowe. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from the Saint John Community Arts Board dated December 15, 2009, requesting that Council appoint board members, be referred to the Nominating Committee. 5.2 That the R. Teed letter dated December 7 2009, regarding the relocation of the West Side Food Bank to Carleton Community Centre, be received for information. 5.3 That the E. Teed letter dated December 14 2009, regarding the recognition of public service, be received for information. 5.4 That the G. Douthwright letter dated December 15, 2009, regarding the Winter Parking Ban, be received for information. 5.5 That as recommended by the Acting City Manager, Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Glaspy Bros. Ltd. (34 -36 Jean Street and 172 -176 Beacon Street) and North Star Holdings Ltd. (40 Mountain View Drive) for Monday, January 18 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.6 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 -410: Tender for Lighting Skate Park, the tender submitted by O'Brien Electric Co. Ltd., in the amount of $44,900.00 plus tax, for the fabrication, supply and installation of new lighting in the Skate Park, Station Street, be accepted. 5.7 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 -405: Route 1 and Highway 7 Interchange Improvement, the City of Saint John inform NB Transportation to proceed with the acquisition of PID number 55166748 by expropriation. 5.8 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 -400: Sea Street Storm System Improvements Phase 1, contract number 2009 -30 be awarded to the low tenderer, Brad Gould Trucking Excavating Ltd., at the tendered price of $111,390.88 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5 A That ac rarnmmanrlarl by tha Artinn ('.itv NAananar ('.ni inril raraiva fnr entitled M &C 2009 -411: Renewal of Water Supply Agreement Musquash Watershed, Common Council authorize the extension of the agreement to draw water from the Musquash Watershed in accordance with the submitted documentation and that the Mayor and Common Clerk sign the appropriate documents to effect said agreement. 5.11 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 -414: Watermain Cleaning Lining Phase 6, the scope of Contract 2009 -15 be increased by an amount of $400,000 to include the additional 1.4km of watermain cleaning lining. 5.12 That as recommended by the Acting City Manager, Council receive for information the submitted report entitled M &C 2009 -403: Braemar Drive and Parkhill Drive Sanitary Sewer and Watermain Renewal, Storm Sewer Extension, and Street Reconstruction. 5.13 That as recommended by the Acting City Manager, Council receive for information the submitted report entitled M &C 2009 -380: Brunswick Drive and Paul Harris Street Watermain and Storm Sewer Installation and Street Reconstruction. 5.14 That as recommended by the Acting City Manager in the submitted report entitled M &C 2009 -415: Westfield Road Reconstruction Project SJ Marina and Hoyt Postponing Closing Dates, Common Council agrees to postpone the closing date of the two following Agreements of Purchase and Sale: A) Vendor: Saint John Marina Ltd. Purchaser: The City of Saint John Premises: Freehold interest in a portion of PID number 00290197 Comprising 832 square metres in total Purchase Price:$6,658.00 HST if applicable; And B) Vendor: Betty F. Hoyt and Brent E. Hoyt Purchaser: The City of Saint John Premises: Freehold interest in PID number 55184824 Comprising 2449 square metres Freehold interest in a portion of PID number 55013833 and PID number 55013858 Comprising 1453 square metres in total Purchase Price: $12,000.00 HST if applicable, to "on or before 28 February, 2010 subject to obtaining the assent of the Planning Advisory Committee and Common Council to vest the lands to be acquired as Public Street; and further that the Mayor and Common Clerk be authorized to sign all necessary documentation. 5.15 That as recommended by the Acting City Manager in the submitted report entitled Westside PACT Consultation on Future Uses, Common Council advise the Westside PACT that the City will consult with them on the future use of the lower floor facilities in the Carleton Community Centre in the event that either the Horizon Health Network or the Westside Food Bank ceases operations. 5.16 That as recommended by the Acting City Manager, Common Council engage the services of Luedey Consultants to assist in the transition of the City of Saint John's Benefits Plan to new carriers to a maximum of $10,000 plus expenses and HST and further that the Mayor and Common Clerk be authorized to sign the submitted agreement on behalf of the City. 5.17 That as recommended by the City Solicitor, the City consents to the Declaration of Woodhollow Development Ltd pursuant to the Condominium Property Act for Woodhollow Park Subdivision, PID number 55189278 and that the Mayor and Common Clerk execute the "Consent of Encumbrancers" submitted with the said Declaration. 5.18 That as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to sign the submitted Secondment Agreement between the flanarfmanf of Tni iricm anr1 Parkc anr1 Tha ('.ifv of Inhn ralafarl fn fha carnnrlmant RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a ('approbation du conseil 5.1 Que la lettre de demande regue du Conseil des arts communautaires de Saint John datee du 15 decembre 2009 concernant la nomination de membres au conseil soit transmise au Comite des candidatures. 5.2 Que la lettre de R. Teed datee du 7 decembre 2009 concernant le demenagement de la banque d'alimentation West Side au centre communautaire de Carleton, soit acceptee a titre informatif. 5.3 Que la lettre de E. Teed datee du 14 decembre 2009 concernant la reconnaissance des services publics soit acceptee a titre informatif. 5.4 Que la lettre de G. Douthwright datee du 15 decembre 2009 concernant ('interdiction de stationnement en hiver soit acceptee a titre informatif. 5.5 Que, comme le recommande le directeur general par interim, le conseil communal prevoie ('audience publique relativement aux demandes de rezonage et de modification des conditions prevues a ('article 39 de Glaspy Bros. Ltd. (34 -36, rue Jean et 172 -176, rue Beacon) et de North Star Holdings Ltd. (40, promenade Mountain View), le lundi 18 janvier 2010 a 19 h, dans la salle du conseil, et que les demandes soient soumises au Comite consultatif d'urbanisme aux fins de presentation d'un rapport et de recommandations. 5.6 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 -410 relativement a la soumission concernant I'eclairage du planchodrome, la soumission presentee par O'Brien Electric Co. Ltd. au montant de 44 900 taxes en sus, pour la fabrication, I'approvisionnement et ('installation de nouveaux systemes d'eclairage au planchodrome, situe sur la rue Station, soit acceptee. 5.7 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 405 relativement a ('amelioration de I'echangeur entre la route 1 et ('autoroute 7, The City of Saint John informe le ministere des Transports du Nouveau Brunswick de proceder a ('acquisition du bien -fonds portant le NID 55166748 par expropriation. 5.8 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 400 relativement aux travaux de modernisation du systeme d'egouts pluviaux de la rue Sea Phase I, contrat n° 2009 -30, soit accorde au soumissionnaire le moins disant, Brad Gould Trucking Excavating Ltd., au prix offert de 111 390,88 etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.9 Que, comme le recommande le directeur general par interim, le conseil accepte a titre informatif le rapport presente intitule M/C 2009 -406 relativement a la phase 1 du coin Simms boulevard Fairville de la rue Catherwood a ('entree du centre commercial Lancaster. 5.10 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 -411 relativement a la reconduction de la convention d'approvisionnement en eau relative au bassin versant Musquash, le conseil communal autorise la prorogation de la convention d'approvisionnement en eau potable puisee dans le bassin versant Musquash conformement aux documents presentes et que le maire et la greffiere communale signent les documents pertinents afin de mettre en vigueur ladite convention. 5.11 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 414 relativement a la phase 6 du nettoyage de la conduite crpnI I nrinrinalP Pf chi nrnnrammP rip rPVPfPmPnf infPripi it Ia nn rtPP chi rnnfraf n 7nna- a titre informatif le rapport presente intitule M/C 2009 -403 relativement au renouvellement de la conduite d'eau principale et de I'egout sanitaire, au prolongement du reseau d'egout eta la refection des promenades Braemar et Parkhill. 5.13 Que, comme le recommande le directeur general par interim, le conseil accepte a titre informatif le rapport presente intitule M/C 2009 -380 relativement a ('installation de la conduite d'eau principale et des egouts pluviaux eta la refection de la promenade Brunswick et de la rue Paul Harris. 5.14 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule M/C 2009 415 relativement au report des dates de cloture du projet de refection du chemin Westfield de Saint John Marina Ltd. et de Hoyt, le conseil communal accepte de reporter la date des deux conventions d'achat -vente suivantes A) Fournisseur Saint John Marina Ltd. Acheteur The City of Saint John Lieu Interet franc dune parcelle de terrain portant le NID 00290197 Superficie de plus ou moins 832 metres carres en tout Prix d'achat 6 658 (TVH en sus, le cas echeant) Et B) Fournisseur Betty F. Hoyt et Brent E. Hoyt Acheteur The City of Saint John Lieux Interet franc du terrain portant le NID 55184824 Superficie de plus ou moins 2 449 metres carres Interet franc dune parcelle de terrain portant les NID 55013833 et 55013858 Superficie de plus ou moins 1 453 metres carres en tout Prix d'achat 12 000 (TVH en sus, le cas echeant) au plus tard le 28 fevrier 2010, sous reserve de I'obtention du consentement du Comite consultatif d'urbanisme et du conseil communal pour que les terres a acquerir deviennent une rue publique, et que le maire et la greffiere communale soient autorises a signer la documentation necessaire. 5.15 Que, comme le recommande le directeur general par interim dans le rapport soumis relativement a la consultation concernant les utilisations futures de Westside PACT, le conseil communal informe Westside PACT que la Ville la consultera a propos de ('utilisation future des installations de I'etage inferieur du centre communautaire de Carleton au cas ou le Reseau de sante Horizon ou la banque d'alimentation Westside cesserait ses activites. 5.16 Que, comme le recommande le directeur general par interim, le conseil communal retienne les services de Luedey Consultants pour prendre part a la transition du regime de prestations de The City of Saint John vers de nouveaux prestataires jusqu'a un maximum de 10 000 debours et TVH en sus et, qu'en outre, le maire et la greffiere communale soient autorises a signer ('entente presentee au nom de The City of Saint John. 5.17 Que, comme le recommande I'avocat municipal, The City of Saint John consente a la declaration de Woodhollow Development Ltd. concernant le lotissement du parc Woodhollow portant le NID 55189278, en vertu de la Loi surles condominiums, et que le maire et la greffiere communale signent le consentement des engagements joint a ladite declaration. 5.18 Que, comme le recommande le directeur general par interim, le maire et la greffiere communale soient autorises a signer ('entente de detachement soumise, conclue entre le ministere du Tourisme et des Pares et The City of Saint John, relativement au detachement de M Caitlin Griffiths. Proposition du conseiller Titus Appuyee par le conseiller Mott RESOLU que la recommandation formulee pour chacune des questions soumises a ('approbation du conseil soit adoptee. Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 10. Consideration of By -laws 10.1 Third Reading By -Law Relating to the Market in The City of Saint John On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number C -1 A By -Law Relating to the Market in The City of Saint John amending Section 5(2) by adding the following immediately after subsection 5(2)p: 5(2)q (1) Stall D, be read. Question being taken, the motion was carried. The by -law entitled "By -Law Number C -1 A By -Law Relating to the Market in The City of Saint John," was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number C -1 A By -Law Relating to the Market in The City of Saint John amending Section 5(2) by adding the following immediately after subsection 5(2)p: 5(2)q (1) Stall D, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C -1 A By -Law Relating to the Market in The City of Saint John." 10. Etude des arretes municipaux 10.1 Troisieme lecture de I'Arrete concernant le marche de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule Arrete n° C -1 concernant le marche de The City of Saint John modifiant le paragraphe 5(2) par I'ajout de ce qui suit immediatement apres I'alinea 5(2)p) 5(2)q)(1) etal D fasse I'objet dune lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule Arrete n° C -1A concernant le marche de The City of Saint John est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule Arrete n° C -1 concernant le marche de The City of Saint John modifiant le paragraphe 5(2) par I'ajout de ce qui suit immediatement apres I'alinea 5(2)p) 5(2)q)(1) etal D fasse I'objet dune troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. 10.2(b) Section 39 Conditions On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -129, A Law to Amend the Zoning By -Law of The City of Saint John," by re- zoning a parcel of land located at 251 Loch Lomond Road having an area of approximately 2130 square metres, also identified as PID numbers 00313882 and 55099634, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -129, A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Tius Seconded by Councillor Farren RESOLVED that, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,130 square metres located at 251 Loch Lomond Road, also identified as PID numbers 00313882 and 55099634, be subject to the following condition: a. The use of the property is restricted to a group care facility for up to 12 senior citizens only. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -129, A Law to Amend the Zoning By -Law of The City of Saint John," by re- zoning a parcel of land located at 251 Loch Lomond Road having an area of approximately 2130 square metres, also identified as PID numbers 00313882 and 55099634, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -129, A Law to Amend the Zoning By -Law of The City of Saint John." 10.2a) Troisieme lecture du projet de modification de I'Arrete de zonage visant le 251, chemin Loch Lomond 10.2b) Conditions imposees par ('article 39 Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule Arrete n° C.P. 110- 129 modifiant ('Arrete de zonage de The City of Saint John modifiant le zonage dune parcelle de terrain situee au 251, chemin Loch Lomond, dune superficie d'environ de 2 130 metres carres et portant les NID 00313882 et 55099634, afin de la faire passer de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone de quartier a vocation collective IL -1 fasse ('objet dune lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule «Arrete n° C.P. 110 -129 modifiant ('Arrete de zonage de The City of Saint John est lu integralement. Proposition du conseiller Titus Arm! ivaa nar la rmncaillar Farren a. L'utilisation de la propriete est limitee a un etablissement de soins pouvant accueillir jusqu'a 12 personnes agees seulement. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule Arrete n° C.P. 110- 129 modifiant I'Arrete de zonage de The City of Saint John modifiant le zonage dune parcelle de terrain situee au 251, chemin Loch Lomond, dune superficie d'environ de 2 130 metres carres et portant les NID 00313882 et 55099634, afin de la faire passer de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone de quartier vocation collective IL -1 fasse I'objet dune troisieme lecture, que ledit wrote soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete n° C.P. 110 -129 modifiant I'Arrete de zonage de The City of Saint John 10.3(a) Third Reading Municipal Plan and Rezoning Amendments 72 Broad Street 10.3(b) Section 39 Conditions On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number C.P. 105 -29 A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398, from Medium Density Residential to Approved Commercial Development classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 105 -29 A Law to Amend the Municipal Plan By- Law," was read in its entirety. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 105 -29 A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398, from Medium Density Residential to Approved Commercial Development classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 105 -29 A Law to Amend the Municipal Plan By- Law." A Councillor raised concerns regarding the section 39 conditions for the property, noting that improvements should be made to the building's facade and its parking area. Responding to a question, the Commissioner of Planning and Development stated that Council could choose not to adopt a resolution for the section 39 conditions and refer the matter to staff. On motion of Councillor Snook Seconded by Councillor McGuire R VFl that tha rnnrlitinnc fnr tha Question being taken, the motion was carried. The Mayor noted that Council will be reconsidering the proposed Section 39 conditions and the third reading of "By -Law Number C.P. 110 -130 A Law to Amend the Zoning By- Law of The City of Saint John" for the property located at 72 Broad Street at its next meeting. 10.3a) Troisieme lecture des modifications relatives au plan municipal et au rezonage visant le 72, rue Broad 10.3b) Conditions imposees par ('article 39 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule Arrete n C.P. 105- 29 modifiant ('Arrete relatif au plan municipal modifiant les annexes 2 -A et 2 -C, plan d'amenagement futur des terres, afin de faire passer la classification dune parcelle de terrain dune superficie d'environ de 400 metres carres situee au 72, rue Broad et portant le NID 00000398, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, fasse ('objet dune lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule «Arrete n° C.P. 105 -29 modifiant ('Arrete relatif au plan municipal est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que I'arrete intitule Arrete n C.P. 105- 29 modifiant ('Arrete relatif au plan municipal modifiant les annexes 2 -A et 2 -C, plan d'amenagement futur des terres, afin de faire passer la classification dune parcelle de terrain dune superficie d'environ de 400 metres carres situee au 72, rue Broad et portant le NID 00000398, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, fasse ('objet dune troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule Arrete n° 105 -29 modifiant ('Arrete relatif au plan municipal Un conseiller souleve des preoccupations relatives aux conditions imposees par ('article 39 concernant la propriete et indique que les ameliorations devraient etre apportees a la facade du batiment eta son aire de stationnement. En reponse a une question, le commissaire a I'urbanisme et au developpement indique que le conseil pourrait decider de ne pas adopter une resolution a regard des conditions imposees en vertu de ('article 39 et de soumettre la question au personnel. Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que les conditions imposees par ('article 39 a regard de la propriete situee au 72, rue Broad soient transmises au directeur general par interim aux fins de revision pour inclure les ameliorations a apporter a la facade du batiment ainsi qu'a faire de stationnement. A ('issue du vote, la proposition est adoptee. Le maire fait savoir que le conseil reexaminera le projet concernant les conditions imposees par ('article 39 et la troisieme lecture de I'« Arrete n° C.P. 110 -130 modifiant ('Arrete de zonage de The City of Saint John pour la propriete situee au 72, rue Broad a la prochaine reunion. The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 470 square metres, located at 54 Catherwood Street, also identified as PID number 00035303, from "R -2" One and Two Family Residential to "R -4" Four Family Residential with one letter of objection being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its December 15, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 54 Catherwood Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 470 square metres, located at 54 Catherwood Street, also identified as PID number 00035303, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a first time. Councillor McGuire stated that he does not support the motion as the staff report recommended denying the rezoning. voting nay. voting nay. Question being taken, the motion was carried with Councillor McGuire Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Mott RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 470 square metres, located at 54 Catherwood Street, also identified as PID number 00035303, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a second time. Question being taken, the motion was carried with Councillor McGuire Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage visant le 54, rue Catherwood 9.1b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain dune superficie d'environ 470 metres carres situee au 54, rue Catherwood et portant le NID 00035303 afin de faire passer la classification s'y rapportant de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone residentielle habitations de quatre logements R -4 et qu'une lettre d'objection a ete regue. sous reserve des conditions imposees par ('article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John modifiant ('annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee au 54, rue Catherwood, dune superficie d'environ de 470 metres carres et portant le NID 00035303, afin de la faire passer de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone residentielle habitations de quatre logements R -4 fasse ('objet dune premiere lecture. Le conseiller McGuire n'appuie pas la proposition, car, d'apres lui, le rapport du personnel recommande de refuser la demande de rezonage. A ('issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. Premiere lecture par titre de I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller Mott RESOLU que I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John modifiant ('annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee au 54, rue Catherwood, dune superficie d'environ de 470 metres carres et portant le NID 00035303, afin de la faire passer de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone residentielle habitations de quatre logements R -4 fasse ('objet dune deuxieme lecture. A ('issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. Deuxieme lecture par titre de I'arrete intitule Arrete modifiant ('Arrete de zonage de The City of Saint John 9.2(a) Proposed Zoning By -Law Amendment 40 Forest City Street 9.2(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1830 square metres, located at 40 Forest City Street, also identified as PID numbers 55117824 and 55154579, from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its December 15, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 40 Forest City Street as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with Rick Ti irnar of Hi inhac i irvavc R ('.nnci iltantc annaarinn nn hahalf of tha annlirant inrliratinn RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1830 square metres, located at 40 Forest City Street, also identified as PID numbers 55117824 and 55154579, from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1830 square metres, located at 40 Forest City Street, also identified as PID numbers 55117824 and 55154579, from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2a) Projet de modification de I'Arrete de zonage visant le 40, rue Forest City 9.2b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain dune superficie d'environ 1 830 metres carres situee au 40, rue Forest City et portant les NID 55117824 et 55154579, afin de faire passer la classification s'y rapportant de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone d'edifices a logements multiples de trois etages RM -1 et qu'aucune objection n'a ete regue a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 15 decembre 2009, a laquelle le Comite a decide de recommander ('approbation de la demande de rezonage dune parcelle de terrain situee au 40, rue Forest City, telle qu'eIIe est decrite ci- dessus. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Rick Turner, de Hughes Surveys Consultants, au nom du demandeur, indique qu'il est d'accord avec le rapport et la recommandation du personnel. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John modifiant a ('annexe A plan de zonage de The City of Saint John, le zonage dune parcelle de terrain situee au 40, rue Forest City, dune superficie d'environ 1 830 metres carres et portant les NID 55117824 et 55154579, pour faire passer la classification s'y rapportant de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone d'edifices a logements multiples de trois etages RM -1 fasse ('objet dune premiere lecture. A ('issue du vote, la proposition est adoptee. PramiAra lard ira nar fifra rip I'arrafa infiti 114, a Arrafa mnrlifiant I'Arrafa rip 7nnana rip Tha RESOLU que I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John modifiant a I'annexe A plan de zonage de The City of Saint John, le zonage dune parcelle de terrain situee au 40, rue Forest City, d'une superficie d'environ 1 830 metres carres et portant les NID 55117824 et 55154579, pour faire passer la classification s'y rapportant de zone residentielle habitations unifamiliales et bifamiliales R -2 a zone d'edifices a logements multiples de trois etages RM -1 fasse I'objet dune deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule Arrete modifiant I'Arrete de zonage de The City of Saint John 8. Delegations /Presentations 8.1 Stonehammer UNESCO Geopark Application Referring to a submitted presentation, Bill Merrifield, Chair of Stonehammer UNESCO Geopark Steering Committee, and Dr. Andy Miller of the New Brunswick Museum updated Council with respect to the steering committee's recent UNESCO Stonehammer Geopark application. Referring to a submitted Memorandum of Understanding (MOU), Mr. Merrifield requested that Council execute the MOU between The City of Saint John and the Saint John Waterfront Development Corporation. Responding to a question from Council, the Acting City Manager stated that he is recommending that the Council proceed with the MOU between The City of Saint John and Saint John Waterfront Development Corporation as it relates to the Stonehammer Geopark Project on the proviso that the City Solicitor is satisfied with the language contained in the MOU. The City Solicitor stated that his department has examined the MOU and he recommended that the MOU be amended so that it expressly includes the following provisions: 1) That executing the MOU does not restrict or impair in any fashion The City of Saint John's right to manage and control property owned by The City of Saint John. 2) That executing the MOU does not oblige The City of Saint John to make or incur either expenditures or financial responsibilities. 3) That should City owned property be withdrawn by The City of Saint John, or be removed from the designation, there is no financial penalty to be paid. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that Council suspend the requirements of section 10.7 of the Procedural By -law respecting finalization of matters presented by a delegation. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that Council approve the submitted Memorandum of Understanding (MOU) between The City of Saint John and Saint John Waterfront Development Corporation respecting the Stonehammer Geopark Project with the proviso that the MOU be amended so that it expressly includes the following provisions: 1) That executing the MOU does not restrict or impair in any fashion The City of Saint John's right to manage and control property owned by The City of Saint John. removed from the designation, there is no financial penalty to be paid. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Demande de Stonehammer Geoparc de I'UNESCO Faisant reference a une presentation anterieure, Bill Merrifield, president du Comite directeur de Stonehammer pour un geoparc de I'UNESCO, et Andy Miller, du Musee du Nouveau Brunswick, informent le conseil de la recente demande du Comite directeur de Stonehammer concernant un geoparc de I'UNESCO. Faisant reference a un protocole d'entente anterieur, M. Merrifield demande au conseil de signer le protocole d'entente conclu entre The City of Saint John et Saint John Waterfront Development Corporation. En reponse a une question du conseil, le directeur general par interim recommande au conseil de signer le protocole d'entente conclu entre The City of Saint John et Saint John Waterfront Development Corporation relatif au projet de geoparc de Stonehammer a condition que I'avocat municipal soit satisfait de la formulation du protocole d'entente. L'avocat municipal fait savoir que son service a examine le protocole d'entente et qu'il recommande de le modifier afin qu'il comprenne expressement les dispositions suivantes 1) que la signature du protocole d'entente ne limite pas ou ne compromette pas de quelque fagon que ce soit le droit de The City of Saint John de gerer et de reglementer la propriete appartenant a The City of Saint John; 2) que la signature du protocole d'entente n'oblige pas The City of Saint John a prendre ou a assumer des responsabilites au chapitre des depenses et des finances; 3) qu'il n'y ait aucune penalite financiere a payer si la propriete appartenant a la Ville est retiree par The City of Saint John ou supprimee de la designation. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que le conseil suspende les exigences de ('article 10.7 de I'Arrete procedural relativement a la conclusion des activites presentees par une delegation. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que le conseil approuve le protocole d'entente anterieur conclu entre The City of Saint John et Saint John Waterfront Development Corporation relatif au projet de geoparc de Stonehammer a condition que le protocole d'entente soit modifie afin qu'il comprenne expressement les dispositions suivantes 1) que la signature du protocole d'entente ne limite pas ou ne compromette pas de quelque fagon que ce soit le droit de The City of Saint John de gerer et de reglementer la propriete appartenant a The City of Saint John; 2) que la signature du protocole d'entente n'oblige pas The City of Saint John a prendre ou a assumer des responsabilites au chapitre des depenses et des finances; 3) qu'il n'y ait aucune penalite financiere a payer si la propriete appartenant a la Ville est retiree par The City of Saint John ou supprimee de la designation. A ('issue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.1 Chip -Seal Program (Deputy Mayor Chase) Acting City Manager to submit a report to Council by January 31, 2010, which outlines a standard for the use of chip seal, and further, the report shall explore additional opportunities for which chip -seal could be used in the municipality beyond the roads currently classified as rural. voting nay. Question being taken, the motion was carried with Councillor McGuire 11. Interventions des membres du conseil 11.1 Programme de pose d'enduit superficiel (maire suppleant Chase) Proposition du maire suppleant Chase Appuyee par le conseiller Titus RESOLU que le conseil etudie la pertinence de poser de I'enduit superficiel comme revetement routier acceptable des routes rurales et charge le directeur general par interim de soumettre un rapport au conseil d'ici au 31 janvier 2010, Iequel definit une norme en matiere d'utilisation de I'enduit superficiel, et ce rapport devra examiner des possibilites supplementaires ou I'enduit superficiel pourrait etre utilise dans la municipalite au -dela des routes actuellement classees comme etant rurales. A ('issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 11.2 2009 Update Independent External Review of Crane Mountain Landfill (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the submitted report from Councillor Titus entitled 2009 Update Independent External Review of Crane Mountain Landfill be received for information. Question being taken, the motion was carried. 11.2 Mise a jour 2009 Examen externe et independant du site d'enfouissement de la montagne Crane (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport soumis par le conseiller Titus relatif a la mise a jour 2009 de ('examen externe et independent du site d'enfouissement de la montagne Crane soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 11.3 Transit Vision 2040 Draft Municipal Council Resolution (Councillor Titus) WHEREAS public transit provides essential mobility to residents within Canada's urban areas; AND WHEREAS public transit strengthens economic competitiveness by making effective and efficient use of roadway capacity and offering people a transportation choice other than the automobile; AND WHEREAS public transit reduces greenhouse gas emissions and air pollution; AND WHEREAS transit infrastructure investment needs for Canadian transit systems in the period 2008 -2012 stand at approximately $41 billion; AND WHEREAS municipalities have inadequate revenue tools to finance the full cost of transit infrastructure and operations; AND WHEREAS, in response to these challenges, the Canadian Urban Transit Association (CUTA) has in broad consultation with many stakeholders across Canada developed Transit Vision 2040, consisting of the following six themes: 11 Pi it +inn trancit at Hip rantra of nnmmi initiac thrni inh ctrnnnar nrniarnmant with the changing face of Canadian communities. 3) Focusing on customers and accelerating the delivery of flexible, integrated transit services that meet the needs of an increasingly diverse and discriminating clientele. 4) Greening transit to further reduce the industry's ecological footprint, improve energy efficiency and limit greenhouse gas emissions. 5) Ensuring financial health through enhanced transit infrastructure and operating investments by all orders of government, more progressive approaches to generating revenue, and new efficiencies in service delivery. 6) Strengthening knowledge and practice so that Canada's transit industry can more effectively respond to future opportunities and challenges. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council: 1) Endorse Transit Vision 2040, as developed by the Canadian Transit Association (CUTA), including its 6 themes and strategic directions; and 2) Seek to align the future vision of public transit services with Transit Vision 2040 and endeavour to reach or exceed performance targets outlined in the Vision. Question being taken, the motion was carried. 11.3 Vision du transport 2040 Ebauche de resolution du conseil communal (conseiller Titus) ATTENDU que le transport en commun offre une mobilite essentielle aux residents dans les milieux urbains du Canada; ET ATTENDU que le transport en commun renforce la competitivite economique en utilisant de fagon efficace et efficiente la capacite routiere et en offrant aux gens un choix de transport different de ('automobile; ET ATTENDU que le transport en commun reduit les emissions de gaz a effet de serre et Ia pollution de fair; ET ATTENDU que les besoins d'investissement en matiere d'infrastructure de transport pour les reseaux de transport canadiens durant Ia periode 2008 -2012 s'elevent quelque 41 milliards de dollars; ET ATTENDU que les municipalites disposent d'outils de production de revenus inadequats pour financer le coCit de ('infrastructure et des operations de transport; ET ATTENDU que, en reponse a ces difficultes, ('Association canadienne du transport urbain (ACTU) a, en consultation large avec de nombreux intervenants partout au Canada, elabore Ia Vision du transport 2040 composee des six themes suivants 1) Offrir le transport au centre des collectivites grace a des cadres decisionnels et strategiques gouvernementaux plus efficaces eta une meilleure planification et conception communautaires. 2) Revolutionner le service grace au developpement eta ('innovation pour que les reseaux de transport puissent encourager et desservir les demandes croissantes tout en suivant le rythme de ('evolution des collectivites canadiennes. 3) Mettre ('accent sur les clients et accelerer la prestation des services de transport flexibles et integres qui repondent aux besoins dune clientele de plus en plus variee et exigeante. 4) Rendre le transport plus ecologique afin de reduire davantage I'empreinte ecologique de I'industrie, d'ameliorer I'efficacite energetique et de limiter les emissions de gaz a effet de serre. 5) Assurer la sante financiere par I'entremise d'investissements rehausses des operations et de ('infrastructure de transport par tous les ordres de gouvernement, d'approches plus progressives pour generer des recettes et dune efficacite amelioree liee a la prestation des services. 6) Renforcer les connaissances et les pratiques afin que I'industrie du transport du Canada puisse mieux repondre aux defis et aux possibilites futurs. Proposition du conseiller Titus du transport urbain (ACTU), y compris ses six themes et ses orientations strategiques; 2) cherche a aligner la vision future des services de transport en commun sur la Vision du transport 2040 et ('initiative pour atteindre ou depasser les objectifs de rendement definis dans la Vision. A ('issue du vote, la proposition est adoptee. On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that item 11.8 Westgate Park Flooding Challenge (Councillor McGuire) be moved forward on the agenda. Question being taken, the motion was carried 11.4 Flooding Westgate Subdivision and Downsview Drive area (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that the submission from Councillor Farren entitled Flooding Westgate Subdivision and Downsview Drive Area be referred to the Acting City Manager for a report by January 4, 2010. Question being taken, the motion was carried. Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que le point 11.8 Probleme d'inondations dans le parc Westgate (conseiller McGuire) soit avance dans I'ordre du jour. A ('issue du vote, la proposition est adoptee. 11.4 Inondation Zone du lotissement Westgate et de la promenade Downsview (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Titus RESOLU que la soumission presentee par le conseiller Farren relativement aux inondations de la zone du lotissement Westgate et de la promenade Downsview soit transmise au directeur general par interim aux fins de redaction d'un rapport au plus tard le 4 janvier 2010. A ('issue du vote, la proposition est adoptee. 11.8 Westgate Park Flooding Challenge (Councillor McGuire) Responding to a question from Council, Mr. Groody stated that a study has been undertaken on drainage issues in the Westgate Park area, noting that the extent of any remediation work required for this area will not be known until the study is completed. He stated that funds are available in the 2010 operating budget to handle relatively minor work projects with respect to flooding and drainage. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submission from Councillor McGuire, entitled Westgate Flooding Challenge, be received for information. Question being taken, the motion was carried. 11.8 Probleme d'inondations dans le parc Westgate (conseiller McGuire) Pn rannnca a I Ina ni lactinn rill rnncail M (=rnnrly PYnIICII IP ni I'I it 4kf1 !rip a PtP PntrPnricP drainage. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la soumission presentee par le conseiller McGuire relativement au probleme d'inondations dans le parc Westgate soit acceptee a titre informatif. A l'issue du vote, la proposition est adoptee. 11.5 Letter of Support for the Nature Trust of New Brunswick to Restore the Henderson Brook and Blueberry Hill Wetland (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Killen RESOLVED that the Mayor provide a letter of in- kind support in the way of consultation and advisory for the restoration of the Henderson Brook and Blueberry Hill Wetland to the Nature Trust of New Brunswick. Question being taken, the motion was carried. 11.5 Lettre d'appui a la Fondation pour la protection des sites naturels du Nouveau Brunswick pour la restauration du ruisseau Henderson et des terres humides de Blueberry Hill (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Killen RESOLU que le maire fournisse une lettre d'appui en nature sous la forme de consultations et de conseils pour la restauration du ruisseau Henderson et des terres humides de Blueberry Hill a la Fondation pour la protection des sites naturels du Nouveau Brunswick. A l'issue du vote, la proposition est adoptee. 11.6 Ward Meetings for Spring 2010 (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Killen RESOLVED that the Acting City Manager be directed to secure appropriate venues and undertake the scheduling and advertisement of Ward meetings for the spring of 2010, and further, that a report be submitted to Council outlining the structure of the meetings. Question being taken, the motion was carried. 11.6 Reunions de quartier pour le printemps 2010 (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Killen RESOLU que le directeur general par interim soit charge de fermer les sites appropries et d'entreprendre ('organisation et la publication d'avis des reunions de quartier prevues au printemps 2010, et, qu'en outre, un rapport soulignant la structure des reunions soit soumis au conseil. A l'issue du vote, la proposition est adoptee. Councillor Farren proposed a motion which was not seconded whereby the requirement of water meters being installed for residents would be placed on hold. 11.7 Report de ('installation de compteurs d'eau (conseiller Farren) Le conseiller Farren presente une proposition qui nest pas appuyee, ce qui fait en sorte que ('exigence en matiere de ('installation des compteurs d'eau pour les residents a ete mise en attente. 11.9 Safe Passage: Westfield Road (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the Acting City Manager begin discussions with officials from Saint John Energy with the goal of improving the lighting on the Westfield Road, and further, that a report be submitted to Council by January 31s 2010. Question being taken, the motion was carried. 11.9 Passage securitaire chemin Westfield (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le directeur general par interim amorce des discussions avec des representants de Saint John Energy en vue d'ameliorer I'eclairage du chemin Westfield et, qu'en outre, un rapport soit soumis au conseil au plus tard le 31 janvier 2010. A ('issue du vote, la proposition est adoptee. 11.10 Martinon Green Space Development (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submitted report from Councillor McGuire entitled Martinon Green Space Development be received for information. Question being taken, the motion was carried. 11.10 Amenagement de I'espace vert Martinon (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le rapport soumis par le conseiller McGuire relativement a I'amenagement de I'espace vert Martinon soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 11.11 Affordable Housing (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the Mayor, the Acting City Manager and Councillor McGuire be directed to contact the Minister of Social Development to discuss the needs of Saint John and the potential positive opportunities for the City with respect to affordable housing, and further, that a meeting be scheduled in January 2010 regarding this file. Question being taken, the motion was carried. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le maire, le directeur general par interim et le conseiller McGuire soient charges de communiquer avec le ministre du Developpement social pour discuter des besoins de Saint John et des possibilites positives potentielles pour la Ville a regard des logements abordables et, qu'en outre, une reunion soit prevue en janvier 2010 concernant ladite question. A I'issue du vote, la proposition est adoptee. 11.12 Carleton Community Centre Cheerleading Program (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Titus RESOLVED that the Acting City Manager, during budget deliberations, be directed to explore the possible sources of funding in the amount of $10,000 for the on -going success of the Carleton Community Centre's Cheerleading program. Question being taken, the motion was carried. 11.12 Programme de stimulation de foule (meneuses de claque) au centre communautaire de Carleton (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Titus RESOLU que le directeur general par interim, au cours des deliberations budgetaires, soit charge d'examiner les sources possibles de financement s'elevant a 10 000 pour la reussite continue du programme de stimulation de foule (meneuses de claque) au centre communautaire de Carleton. A I'issue du vote, la proposition est adoptee. 11.13 Market Place Community Green Space (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Titus RESOLVED that the report from Councillor Snook entitled Market Place Community Green Space be referred to the Acting City Manager for consideration during budget deliberations. Question being taken, the motion was carried. 11.13 Espace vert communautaire sur la place Market (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Titus RESOLU que le rapport presente par le conseiller Snook relativement a I'espace vert communautaire sur la place Market soit transmis au directeur general par interim aux fins d'etude au cours des deliberations budgetaires. A I'issue du vote, la proposition est adoptee. 11.14 Taylor Avenue Field Neighbourhood Green Space Crescent Valley (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submitted report from Councillor McGuire entitled Taylor Avenue Field Neighbourhood Green Space ('.racranf Vallav ha raraivarl fnr infnrmatinn (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le rapport soumis par le conseiller McGuire relativement a I'espace vert de quartier a Crescent Valley du terrain de I'avenue Taylor soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 12. Business Matters Municipal Officers 12.1 Commissioner of Finance: Authority to Expend Funds Whereas the 2010 Operating and Capital Budgets for The City of Saint John have not yet been approved by Common Council; and Whereas expenditures will be required in the normal course of the Municipality's continuing operation prior to the approval of the 2010 Operating and Capital Budgets On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that: A) The Acting City Manager is hereby authorized to approve expenditures not exceeding $25,000 where provision for such expenditures would normally be contained in the Municipality's Operating or Capital Budget; and B) The Treasurer is hereby authorized to make payments: i) as required to meet the City's pre- existing or continuing obligations; ii) to boards, commissions or other organizations to which the City has pre- existing or continuing obligations or which in the Treasurer's opinion are necessary to ensure the continued fiscally prudent and efficient day to day operations of such boards, commissions or organizations; during the period concluding with the Council's approval of the 2010 Operating and Capital Budgets. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Commissaire aux finances Autorisation de depense de fonds Attendu que les budgets de depense et d'immobilisations 2010 de The City of Saint John n'ont pas encore ete approuves par le conseil communal; Attendu que des depenses seront requises dans le cours normal des operations continues de la municipalite avant ('approbation des budgets de depense et d'immobilisations 2010. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que A) le directeur general par interim soit, par les presentes, autorise a approuver les depenses ne depassant pas 25 000 lorsqu'une telle disposition existe normalement dans le budget de fonctionnement ou le budget d'investissements de la municipalite; B) le tresorier soit, par les presentes, autorise a effectuer les paiements i) au besoin pour remplir les obligations anterieures ou continues de la Ville; ii) aux conseils, aux commissions ou a d'autres organisations envers lesquels la Ville a des obligations anterieures ou continues ou qui sont, selon le tresorier, necessaires pour assurer les activites quotidiennes sures et efficaces sur le plan financier de ces conseils, commissions ou organisations, pendant la periode se 12.2 Acting City Manager: Short Term Lease with Fortis Properties Corporation Brunswick Square Pedway On motion of Councillor Titus Seconded by Councillor Court RESOLVED that The City of Saint John enter into a lease with Fortis Properties Limited for Unit R2 in Brunswick Square upon such terms conditions contained in the "Short Term Lease" submitted with M &C 2009 -409 and that the Mayor and Common Clerk be authorized to execute the Lease. Question being taken, the motion was carried. 12.2 Directeur general par interim Bail a court terme avec Fortis Properties Corporation passerelle du Brunswick Square Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que The City of Saint John conclue un bail avec Fortis Properties Limited pour I'unite R2 du Brunswick Square selon les conditions comprises dans le bail a court terme soumis avec le rapport M/C 2009- 409, et que le maire et la greffiere communale soient autorises a signer ledit bail. A I'issue du vote, la proposition est adoptee. 12.3 Acting City Manager: Engineering Design and Construction Management Services: Phinney Hill and Dever Road Water Transmission Main Installations and the District Metering Program On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the proposal of CBCL Limited Consulting Engineers and Crandall Engineering Ltd for engineering design and construction management services for the Phinney Hill and Dever Road water transmission main installations and the District Metering Program be accepted, and further, that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. Question being taken, the motion was carried. 12.3 Directeur general par interim Elaboration des services de gestion de la conception et de la construction Installation de la conduite d'eau principale de Phinney Hill et du chemin Dever et programme de comptage de district Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la proposition presentee par CBCL Limited Consulting Engineers et Crandall Engineering Ltd., relativement a ('elaboration des services de gestion de la conception et de la construction de ('installation de la conduite d'eau principale de Phinney Hill et du chemin Dever et du programme de comptage de district, soit acceptee et, qu'en outre, le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. A ('issue du vote, la proposition est adoptee. 12.4 Common Clerk: Requests to Make Presentations to Council On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that requests for presentations over which Council has no legislative and /or policy jurisdiction be added to Council's consent agenda with a recommendation to receive for information, with the understanding that Council may make an alternate decision. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que les demandes de presentation oil le conseil n'a aucune competence legislative ou strategique soient ajoutees aux questions soumises a ('approbation du conseil avec une recommandation visant a les accepter a titre informatif, sous reserve que le conseil puisse prendre une autre decision. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Committee of the Whole: Recommended Appointment to Committees On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the Committee of the Whole, having met on December 21, 2009, Council makes the following appointments to committees: Saint John 225 Committee: To appoint the following individuals until a final report from this committee is submitted to Council: Peter Buckland, Christiane Vaillancourt, David Adams, Kate Barnett, Tzigane Caddell, Cynthia Goodwin, Christine Comeau, Janet Scott, lan Stead, Michael Wennberg, and the following City of Saint John Staff members as non voting, ex officio participants: Scott Brittain, Bernard Cormier, Nancy Moar, Greg Yeomans and Pat Woods. Municipal Plan Citizens' Advisory Committee: To appoint Councillors Killen and McGuire until the end of their terms on Council, and the following individuals for a three year term ending December 21, 2012 or until the Municipal Plan process is complete: Mokhtaria Benhatchi, Shawn Peterson, Derek Mitchell, Dave Drinnan, Barry Harbinson, Anne McShane, Jennifer Nicholls, Sara Mudge and Mary Lou Price. Enterprise Saint John: to appoint Tim Vickers for a three year term from December 21, 2009 to December 21, 2012. Heritage Development Board: to appoint Jennifer Butler and Murray Littlejohn for a three year term from December 21, 2009 to December 21, 2012. Saint John Substandard Appeals Committee: to appoint Cheryl Johnson as Vice Chair until the end of her current term, and to appoint Stephen Horgan for a two year term from December 21, 2009 to December 21, 2011. voting nay. Question being taken, the motion was carried with Deputy Mayor Chase 13. Rapports deposes par les comites 13.1 Comite plenier Recommandation de nomination pour sieger aux comites Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le comite plenier, s'etant reuni le 21 decembre 2009, le conseil approuve les nominations suivantes pour sieger aux comites Comite de Saint John 225 Que les personnes suivantes soient nommees jusqu'a ce qu'un rapport final du comite soit soumis au conseil Peter Buckland, Christiane Vaillancourt, David Adams, Kate Barnett, Tzigane Caddell, Cynthia Goodwin, Christine Comeau, Janet Scott, lan Stead, Michael Wennberg et les membres du personnel suivants de The City of Saint John a titre de membres d'office sans droit de vote Scott Brittain, Bernard Cormier, Nancy Moar, Greg Yeomans et Pat Woods. Comite consultatif de citoyens du plan municipal Que soient nommes les conseillers Killen et McGuire jusqu'a ('expiration de leur mandat au sein du conseil et les personnes suivantes pour un mandat de trois ans se terminant le 21 decembre 2012 ou Enterprise Saint John Que Tim Vickers soit nomme pour un mandat de trois ans allant du 21 decembre 2009 au 21 decembre 2012. Conseil d'amenagement du patrimoine Que Jennifer Butler et Murray Littlejohn soient nommes pour un mandat de trois ans allant du 21 decembre 2009 au 21 decembre 2012. Comite d'appel sur les residences non conformes aux normes de Saint John Que Cheryl Johnson soit nommee a titre de vice- presidente jusqu'a la fin de son mandat actuel et que Stephen Horgan soit nomme pour un mandat de deux ans allant du 21 decembre 2009 au 21 decembre 2011. A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. 13.2 Committee of the Whole: Harbour Clean up Land Acquisition On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the Committee of the Whole, having met on December 21, 2009, Council approve the following: 1. That The City of Saint John enter into the Memorandum of Agreement with J.D. Irving, Limited et al to acquire the necessary real property rights in and through lands designated: i) Universal Sales, Limited (USL) PID 00018994, PID 00019042, and a portion of Marsh Creek, and, ii) J.D. Irving, Limited (JDI) Thorne Ave. PID 55190821 and PID 55164149, and, iii) Voyageur Properties Limited (VPL) PID 00419101, and, iv) J.D. Irving, Limited (JDI) Red Head Rd., North Site PID 55114284, and, v) J.D. Irving, Limited Red Head Rd., South Site PID 55114300, for the sum of $196,687.00 with Option 1, or $197,917.00 with Option 2, and upon the terms and conditions contained in the said Memorandum of Agreement; and, 2 That: i) The City of Saint John pursuant to Section 187(6) of the Municipalities Act (a) authorize the publication of a notice of its intention to consider the passing of a by -law to stop up and close that portion of Marsh Street comprising approximately 1,558 square metres shown cross hatched in red on sketch 3b submitted; and (b) fixing a time and place for the consideration of objections to the proposed by -law. In the event that the aforesaid portion of Marsh Street is stopped up and closed the City convey same to Universal Sales Limited for the sum of $37,532.00 (HST if applicable), subject to the reservation of a municipal services easement; and, ii) Provided Universal Sales Limited has acquired the lands outlined in yellow on Sketch 6 of the Memorandum of Agreement and its cost conveyed same to the City; the City pursuant to Section 187(6) of the Municipalities Act (a) authorizes the publication of a notice of its intention to consider the passing of a by -law to stop up and close Kimball Street and any other street that may be the subject of this paragraph; and (b) fixing a time and place for the consideration of objections to the proposed by -law. In the event that Kimball Street is stopped up and closed, the City will convey same to Universal Sales Limited. Compensation will be fair market value at the time of closing. 3. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Question being taken, the motion was carried. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le comite plenier, s'etant reuni le 21 decembre 2009, le conseil approuve ce qui suit 1. que The City of Saint John conclue un protocole d'entente avec J.D. Irving, Limited et coll. pour acquerir les droits de biens immobiliers necessaires par le bien -fonds designe i) Universal Sales, Limited (USL) NID 00018994, NID 00019042 et une partie du ruisseau Marsh; ii) J.D. Irving, Limited (JDI) avenue Thorne NID 55190821 et NID 55164149; iii) Voyageur Properties Limited (VPL) NID 00419101; iv) J.D. Irving, Limited (JDI) chemin Red Head, site nord NID 55114284; v) J.D. Irving, Limited chemin Red Head, site sud NID 55114300; pour la somme de 196 687 avec I'option 1 ou de 197 917 avec I'option 2, conformement a la forme et aux conditions stipulees dans ledit protocole d'entente. 2. Que i) The City of Saint John, en vertu du paragraphe 187(6) de la Loi sur les municipalites, a) autorise la publication d'un avis indiquant son intention d'adopter un arrete visant a fermer eta barrer un tron9on de la rue Marsh dune superficie d'environ 1 558 metres carres, le tout indique par des hachures en rouge sur le schema 3b, et b) choisisse une heure et un endroit pour entendre les oppositions au projet d'arrete. Au cas ou la partie susmentionnee de la rue Marsh serait fermee et barree, la Ville indemnisera en consequence Universal Sales Limited pour la somme de 37 532 (TVH en sus, le cas echeant), sous reserve de la reservation dune servitude de services municipaux; ii) pourvu qu'Universal Sales Limited ait acquis les terrains soulignes en jaune dans le schema 6 du protocole d'entente et les coCits cedes a la Ville; The City of Saint John, en vertu du paragraphe 187(6) de la Loi sur les municipalites, a) autorise la publication d'un avis indiquant son intention d'adopter un arrete visant a fermer et a barrer un tron9on de la rue Kimball et toute autre rue assujettie au present paragraphe, et b) choisisse une heure et un endroit pour entendre les oppositions au projet d'arrete. Au cas ou la rue Kimball serait fermee et barree, la Ville indemnisera en consequence Universal Sales Limited. L'indemnisation sera selon la valeur marchande equitable au moment de la fermeture; 3. le maire et la greffiere communale soient autorises a signer la documentation requise. A I'issue du vote, la proposition est adoptee. 13.3 Committee of the Whole: Settlement Proposal Keith Rowe On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that a payment of $85,000 be made to Mr. Keith Rowe as full and final settlement of Grievance number 03 -10 -06 challenging the termination of Mr. Rowe's employment with The City of Saint John in exchange for a withdrawal of Grievance number 03 -10 -06 and Mr. Rowe's signing of a comprehensive release respecting any and all claims that he now has or may have in the future respecting his past employment with The City of Saint John. Question being taken, the motion was carried. 13.3 Comite plenier Proposition de reglement de Keith Rowe Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU qu'un paiement au montant de 85 000 coif affarfi is a M Kaifh Rnwa an fanf ni is ranlamanf infanral of final rli i nriaf (1-CA A I'issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a ('approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment 16. Levee de la seance The Mayor declared the meeting adjourned at 8:30 p.m. Le maire declare que la seance est levee a 20 h 30. Mayor maire Common Clerk /greffiere communale Eric L. Teed, 0.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672-6856 Non-Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E2L 2C6 Common Council Telephone 506-632-0096 City of Saint John City Hall, 8Th Floor January 11th, 2010 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Your Worship and Councillors, Re: Government Support for the Digby Ferry The position of business and industry voices urging the Saint John, Digby Nova Scotia Ferry's continues operating, should be supported by the City for two reasons, first it will maintain a number of business's and employment and second it will assist in lowering atmosperic pollution caused by motor vehicles if they are required to travel across the Nova Scotia Border past Sackville in order to get to Saint John en route to the US border. it also encourages travel to Saint John from Nova Scotia, which helps the economy. City Council has indicated 200,000 people come to Saint John per year on the Digby Ferry. The "Digby Boat", as it was called some years ago has provided employment for a number of persons in Saint John. In my younger years I worked longshore an the "Digby Boat" and have many fond memories. I urge the City Council to see the wisdom of urging continuity for the Digby Ferry operation continuing by the senior Governments. 33 Yo,urs ic 'Teed> Eric L. Teed, 0.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672-6856 Non-Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E2L 2C6 Common Council Telephone 506-632-0096 City of Saint John City Hall, 8th Floor January 4 2010 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Your Worship and Councillors, Re: Harbour Clean Up Costs Share There is pressure for Saint John to contribute substantial funds for so called Harbour Cleanup. I suggest this is a misdirected policy by the Harbour Board Authorities. First the greater portion of the Harbour is pollution brought down the river from as far up as Fredericton. When this polluted fresh water hits the sea water in the harbour it drops the pollution. The City should not be responsible for this. Second the central peninsula of the City does not have the population of several years ago and less pollution is created by population entering the Harbour from this area. If there is pollution of that type then Saint John City should only be responsible for a share calculated on what used to happen with what is happening. Third the Harbour Board itself is responsible for the dredging now required as it unwittingly changed the water flow past Partridge Island so the dirt laden river water now goes out past Partridge Island before it mixes with the Bay of Fundy salt water and deposits the pollution from up river into the outer Harbour in a manner which is filling in where ships are to come. Possibly the Engineers need to reconsider their comments considering what has transpired because of the action of others, not the City. It is suggested more investigation be made so a re adjustment of the Harbour Board demands can be effected and the City not be expected to pay what is now asked. 34 Yours truly, Eric Teed e2 January 15, 2009 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: Terms of Reference Saint John 225 Committee Common Council has established the Saint John 225 Committee to assist the City with the administration of a series of arts, culture and heritage programs in celebration of Saint John's 225 Anniversary. Further, Common Council has appointed the membership of the Saint John 225 Committee. Attached, please find Terms of Reference for the Saint John 225 Committee (the "Terms of Reference") which have been developed by City staff in consultation with the Saint John 225 Committee. RECOMMENDATION: RESOLVED that Common Council hereby adopts the attached Terms of Reference for the Saint John 225 Committee. ectfully iiitted, LLjPatrick Woods, CGA ACTING CITY MANAGER Enc. 1 0 R T 0 IC 01 MON CO U 35 I I, 114% The City of Saint John Saint John 225 Committee Terms of Reference Whereas Common Council has established a committee to be called the Saint John 225 Committee (the "Committee"), and Whereas Common Council has appointed the members of the Committee, and Whereas Common Council deems it desirable that terms of reference be established for the Committee which set out the role, responsibilities and authority of the Committee as follows: PART I: ROLE and RESPONSIBILITIES Common Council on the recommendation of the Saint John Community Arts Board has established the Committee for the purpose of the Committee providing assistance to The City of Saint John (the "City") in the administration of the project known as "Saint John: The Original City/La ville originale" (the "Project") which Project is described in the City's successful application for funding through the "Cultural Capitals of Canada Program" of the Department of Canadian Heritage ("DCH"). More specifically, Common Council has delegated to the Committee the administrative powers and duties to organize, plan, develop and implement the Project as well as those related arts, culture and heritage programs which have received, or may hereafter receive, Common Council approval (and DCH approval, as required) and which are funded by the City, the Province of New Brunswick (the "Province"), DCH and private sponsors (such Project and all of its component programs and events, collectively referred to as the "Saint John 225 Programs"). The Committee shall: a. Subject to the consideration and approval of the Commissioner of Finance or his designate, supervise budgeted expenditures associated with the Saint John 225 Programs; b. Supervise the Saint John 225 General Manager's (the "General Manager") discharging of her duties and responsibilities, as set out in the job description for that position; c. Provide, with the assistance of the City's Cultural Affairs Officer and the General Manager, monthly updates to the City Manager and to Common Council respecting the progress made in the planning, development and implementation of the Saint John 225 Programs. 36 PART H: EXECUTIVE COMMITTEE 2 a. There shall be a Saint John 225 Executive Committee (the "Executive Committee") which shall be comprised of the Chairman of the Committee, the General Manager (who shall be a non-voting member of the Executive Committee) and the Commissioner of Finance, or his designate, (who shall be a non-voting member of the Executive Committee) together with four (4) other members of the Committee, three (3) of whom shall be the Chair of the Communications and Public Relations Sub-Committee, the Chair of the Programming Sub-Committee and the Chair of the Passage in Time Sub-Committee, respectively, and the fourth being designated by resolution of Common Council from amongst the members of Common Council currently serving on the Committee. The Chairman of the Committee shall also be Chairman of the Executive Committee. The Secretary referred to in Part 111(h) below shall be entitled to attend any Executive Committee meeting to take minutes, but shall not be a voting member thereof. b. The Chairman or any two (2) voting members of the Executive Committee may summon a meeting of the Executive Committee by giving as much advance notice via electronic mail as the circumstances permit (but not less than two (2) hours notice) specifying the purpose for which the meeting is called. Such notice requirement may reasonably be dispensed with in extraordinary emergency situations by decision of the Chairman, or any two (2) voting members of the Executive Committee, as the case may be. c. A quorum of the Executive Committee shall always consist of three (3) voting members thereof. At any meeting of the Executive Committee where the Executive Committee intends to consider an expenditure of funds in accordance with the "Schedule of Authorizations" set out in Part 1V hereof, there shall be no quorum of the Executive Committee unless the Commissioner of Finance or his designate is in attendance at such meeting or, if not in attendance, has provided to the Executive Committee written confirmation of the Commissioner of Finance's approval of such expenditure. The Commissioner of Finance or his designate shall be in attendance at such meeting for the sole purpose of offering advice to the Executive Committee as to whether the expenditure(s) being considered will be met with his approval. d. The Executive Committee is authorized to make programming decisions that would normally fall within the jurisdiction of the Committee in circumstances deemed by the Chairman to require urgent/expedited attention. The Executive Committee shall not have authority to stand in 37 3 the place of the Committee respecting decisions involving the expenditure of funds under the "Schedule of Authorizations" set out in Part IV hereof. e. The Chairman of the Executive Committee may stipulate in the electronic mail notice referred to in Part II(b) that a meeting of the Executive Committee be held by telephone instead of in person. PART III: MEETINGS and SUB-COMMITTEES a. The Committee shall have at least one (1) meeting per month throughout 2010. b. The Committee shall meet, as required, in 2011 in order to finalize the business and activities of the Committee. c. The Chairman or any two (2) members of the Committee may summon a special meeting of the Committee by giving at least one (1) day's notice in writing to each member of the Committee via electronic mail specifying the purpose for which the meeting is called. d. No business will be transacted at any special or regular meeting of the Committee unless at least a majority of appointed Committee members with authority to vote are present. e. All decisions and proceedings of the Committee will be the result of motions duly made, seconded, and voted upon by the Committee. All such decisions and motions shall be recorded in the minutes, as reviewed and signed by both the Secretary and Chairman. g. The Committee is authorized to establish sub-committees for the purpose of executing specific Saint John 225 Programs in a manner consistent with the various commitments made by the City, as described in Part I above. Except where the Committee determines otherwise in accordance with the provisions of section 10 of the Municipalities Act, all meetings of the Committee will be open to the public and no person will be excluded therefrom except for improper conduct. h. The Cultural Affairs Officer of the City of Saint John shall serve in the capacity as Secretary to the Committee and the Executive Committee and, with the assistance of the General Manager, shall prepare all minutes of meetings and reports to Common Council. The General Manager shall prepare all minutes of Committee and Executive Committee meetings at which the Secretary is not in attendance. 38 PART IV: EXPENDITURES All expenditures made in relation to Saint John 225 Programs shall be made in accordance with the Saint John 225 budget, as approved by Common Council and DCH, and in a manner consistent with the conditions described above in Part I hereof. Common Council hereby approves and establishes the following "Schedule of Authorizations" respecting the expenditure of funds for Saint John 225: a. Budgeted Expenditures: Item/Amount Approval of any budgeted expenditure in an amount of $2,500 or less Approval of any budgeted expenditure in an amount more than $2,500 but less than $5,000 Approval of any budgeted expenditure in an amount more than $5,000 but less than $25,000 Approval of any budgeted expenditure in an amount more than $25,000 b. Non-Budgeted Expenditures: Item/Amount Approval of any expenditure in an amount up to $25,000 which is not a budgeted expenditure but which may be permitted within the flexibility of the terms and conditions of the Contribution Agreement between the City and DCH Approval of any expenditure in an amount more than $25,000 which is not a budgeted expenditure but which may 4 39 Process By decision of the General Manager By recommendation of the Committee or the Executive Committee (as the case may be) subject to the consideration and approval of the Commissioner of Finance or his designate. By recommendation of the Committee subject to the consideration and approval of the Commissioner of Finance or his designate. By recommendation of the Committee subject to the approval of the City's Common Council by resolution. Process The same processes apply as those identified above in Part IV(a). By recommendation of the Committee subject to the approval of the City's Common Council by resolution. Note: A budgeted expenditure cannot by split between two or more invoices so as to bring such budgeted expenditure within the scope of any approval level set out in the Schedule of Authorizations). be permitted within the flexibility of the terms and conditions of the Contribution Agreement between the City and DCH Approval of any non-budgeted expenditure which is not permitted within the flexibility of the terms and conditions of the Contribution Agreement between the City and DCH PART V: MEMBER REMUNERATION PART VI: INSURANCE 5 By recommendation of the Committee or Executive Committee (as the case may be) subject to the approval of Common Council and the Minister responsible for DCH. Any monies in addition to the $1,495,000 budgeted for the Saint John 225 Programs, which may be offered by private sponsors or from any other source, shall first be approved by Common Council and, once approved, shall also require Common Council's increasing of the Saint John 225 Programs budget accordingly. For certainty, expenditures under such increased Saint John 225 Programs budget are governed by Part IV(a). Members of the Committee, the Executive Committee (with the exception of the General Manager) or any sub-committee established in accordance with Part III(f) above will serve without remuneration but will be reimbursed for reasonable and authorized expenses, as determined by the Commissioner of Finance. Members of the Committee shall have the benefit of the same liability protections and indemnifications as are provided, or have been arranged for, by the City, for members of the City's agencies, boards and commissions. 40 REPORT TO COMMON COUNCIT, 18 January 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councilors: SUBJECT: Tender for AS400 Host System BACKGROUND: Tenders have been received for the supply and installation of a new AS400 8203 Model E4A Host System complete with the peripheral equipment necessary to meet the City's specific needs. This unit will replace existing equipment used in conjunction with the City's Management Information System. ANALYSIS: One company submitted a bid in response to the City's call for public tenders. A summary of the bid is enclosed for your review. FINANCIAL IMPLICATIONS: The total cost to purchase the new AS400 8203 Model E4A and the necessary peripheral equipment will be $31,500.00 plus tax. This is a planned expenditure and as such funds were included in the 2009 Capital Budget. RECOMMENDATION: It is recommended that the tender from Anisoft Group Inc. for the supply and installation of the new AS400 8203Model E4A host system and associated peripherals in the amount of $31,500.00 (plus tax), be accepted. 41 City of Saint John Respectfully submitted, Ian MacKinnon, Manager Information Technology atrick Woods CGA Acting City Manager 42 REPORT TO COMMON COUNCIL January 18, 2010 M &C- 2010 -09 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Destination Marketing Organization BACKGROUND At the October 13, 2009 meeting of Common Council approval was given to proceed with the establishment of a destination marketing organization (DMO) for the City. Since that time Council has appointed the initial Board of Directors for the organization and this group have commenced meeting to put together plans for moving forward. The first step for the group is to formally establish the organization through incorporation. This process has been initiated and it is anticipated that the legal work associated with this will be completed by mid February. The costs associated with the incorporation are being paid for by the Hotel Association. Work is also proceeding on development of the Funding Agreement between the DMO and the City. It is anticipated that this Agreement will be brought to Common Council for approval by mid to late February. The other significant focus for the start-up of this organization is the hiring of an Executive Director. This is a key leadership role and the Board has recognized the importance of making every effort possible to attract the best possible candidate for the position. The purpose of this report is to recommend approval of the engagement of a recruiting firm to assist in the Board in the recruitment process for the Executive Director's position. ANALYSIS The hiring of an Executive Director for the DMO is very time sensitive as it is this position that will drive the strategic planning and operational oversight for the organization. To facilitate this process staff, on behalf of the DMO Board, approached 43 IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i;y°' ot Sala hokum. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Knightsbridge Robertson Surrette (KRS) for a proposal to carry out the search for the Executive Director's position. The City has used KRS on several occasions for the recruitment of senior staff and has found them to be very professional and thorough in their approach. The Board has reviewed the proposal and have met with a representative from the firm. They are satisfied with the scope of work and approach and have begun the recruitment process. The Board does not yet have legal status and accordingly they are not in a position to formally engage KRS. Until the legal status is finalized, the Board is functioning as a Committee of Common Council. As such Council's approval is needed to enter into the agreement with KRS. FINANCIAL IMPLICATIONS: The funds to pay for the costs associated with engaging KRS will be drawn from monies set aside in the 2010 Operating Budget to fund the Destination Marketing Organization. Given that the Executive Director's position is currently vacant this expenditure will be largely off set through savings in salaries and benefits. RECOMMENDATION: That on recommendation of the Destination Marketing Organization's interim Board Common Council approve the engagement of Knightsbridge Robertson Surrette for the recruitment of an Executive Director for the organization as outlined in the submitted proposal. Respectfully submitted, IC Li- Andrew P. Beckett M.A., C.A. Deputy City Manager Programs Priorities trick Woods C.G.A Ac'tfng City Manager 44 Dear Andrew, htsb n ge nSmx e Private Confidential December 21, 2009 Andrew Beckett Deputy City Manager City of Saint John 15 Market Square C.P.1971 Saint John, New Brunswick E2L 4L1 Re: Proposal for the Executive Search for the Executive Director Saint John Destination Marketing Organization I am very pleased to have the opportunity to work with the City of Saint John and Saint John Destination Marketing Organization's Board of Directors on the recruitment of the first Executive Director. Below are the details related to our fee structure for the recruitment of the Executive Director, Saint John Destination Marketing Organization. Professional Fees Our fees are non contingent and normally calculated as 28% of the successful candidate's first year total anticipated cash compensation, including salary and guaranteed /estimated performance bonuses, if any. Please note our fees apply even If an internal candidate is chosen or an external candidate is referred by you, our client. The fee is billed in three installments. The first installment is sent out at the outset of the assignment, with the remaining invoices being sent at one -month intervals. Any adjustment to the total fee will be included on a final installment. Invoices are payable in 30 days. �fi ,A 1111 rr r 4111�++r 11111111111111 1 45 enna.stu B3J 3T2 tet:902.424.1144 Fax: 902.425.11 Anna Stuart Partner 902.424.1144 surrette. Should any candidate referred to you by Knightsbridge Robertson Surrette be hired by your company or any affiliate company within the next twelve months, a placement fee would be owing to our firm. This fee would apply regardless of the position for which the candidate is hired. Consulting Fees Occasionally during the search process we are called upon to do additional consulting such as onboarding, coaching etc. If utilized, these services would be billed on a per diem rate, based on the consulting service provided. Expenses We will invoice monthly for search support expenses such as long distance telephone, faxes, postage, couriers and on -line research. We have found that our clients prefer to have a confirmed amount for these expenses. For a search of this scope and complexity, expenses will be 6% of the professional fee. These expenses are billed in three installments together with the professional fee. While directly related to your assignment, these costs are allocated to each assignment In total and we do not typically account for or itemize them separately. Should the assignment be completed during the first 30 days, we will adjust the expense percentage to reflect that. Advertising is an option that will ensure we thoroughly cover the designated market. We have the capability of drafting, laying out and placing ads within major print media and Internet recruiting sites in Canada. At the outset of the search, we will prepare a draft advertisement and recommended advertisement placement program for discussion and approval. Should advertising be decided upon, we would bill on a cost only basis. We will also bill you for meals, catering and travel expenses incurred by us or by candidates whom we reimburse. Prior to any major expenses being incurred we will obtain your approval. All expenses will be billed at our cost with no mark -up and will be detailed in our monthly billing letters. 1l i 1OII [fJrr l 1111111 IIn�1ll Ii�u �y 474Y�796G1� rr�� /��llly t�f Pi (((irrrrrrrrrrrrrrrr I 1X1111 J .1 5 !WI �auu�aiwnw 46 Professional Fees Summary Professional Fees 28% of first year's total cash compensation Search Support Expenses 6% of professional fee Recruitment Advertising Charged at cost Research Included in fee Referencing and Background Verification Included in fee Expenses Charged at cost (i.e. travel, catering, video conferencing) Administrative Mark -up on Expenses None Please note: This fee structure will be in effect for 12 months from the proposal date unless otherwise negotiated. Guarantees Knightsbridge Robertson Surrette holds out three guarantees relative to its recruiting business. First, whenever we take on an assignment, we guarantee to stay on the assignment until the position is filled. Second, we warrant that the individuals we recruit for you will stay on the job for a minimum of one year. We utilize (and encourage all clients to utilize) rigorous Interviewing and selection techniques. While these methods reduce the risk of a hiring mistake, occasionally an employee does not work out as planned or decides to leave the organization voluntarily. Should the individual leave your employ for performance reasons during the first year, we will replace that individual at no additional fee provided the second search is undertaken with 6 months of departure. Please note this excludes unforeseen changes In business climate which may result in a change in ownership or a reduction in workforce. The only charges you would incur for the new search would be direct expenses. Third, Knightsbridge Robertson Surrette commits not to actively recruit from within client organizations where we have a working relationship, 1 1 n11111UO11i 47 Search Cancellation You may discontinue an assignment by written notification at any time. In the unlikely event that this occurs, you will be billed for: expenses incurred to date; expenses committed with your approval that cannot be cancelled; and payment for the prorated portion of the remaining professional fees. If a cancellation occurs in the first 60 days, 1/3 of the professional fee is owed to Knightsbridge Robertson Surrette. If a cancellation occurs after 60 days (and before 90 days), 2/3 of the professional fee Is owed to Knightsbridge Robertson Surrette. If a cancellation occurs after 90 days, all professional fees have been earned and are payable in full. Search Postponement A search may be postponed by written notification but can only remain postponed for a maximum of 90 days following the beginning of the search. If a search is not reinstated prior to this 90 day period, the search will be considered cancelled. If a postponement occurs in the first 60 days, 1/3 of the professional fee is owed to Knightsbridge Robertson Surrette. If a postponement occurs after 60 (and before 90 days), 2/3 of the professional fee is owed to Knightsbridge Robertson Surrette. If a postponement occurs after 90 days, all professional fees have been earned and are payable in full, Privacy and Confidentiality At Knightsbridge Robertson Surrette, we have always respected the privacy and confidentiality of the personal information provided to us In context with our executive search assignments. This has been fundamental value in building trust with our candidates and clients. Any access to information request, arising from individuals whose information we have provided you with, should be referred back to our office, 111111111 1 11111111 ttl 111111 r, f 48 Andrew, thank you very much for the opportunity to work on this search. If you are in agreement with the terms and conditions outlined in this proposal, please indicate this by signing in the space provided below and return a copy to us. This is a very exciting assignment and we look forward to working with you and the Saint John Destination Marketing Organization through to a successful conclusion. Please let me know if you require further information. Regards, G F/ Anna Stuart Partner I hereby indicate my acceptance of the terms and conditions outlined in this proposal. Andrew Beckett Date Deputy City Manager, City of Saint John ��f111�11�i li I III 01(1��1� 1� "�I'111i1�i l6 49 0 REPORT TO COMMON COUNCIL M C 2010 -208 January 14, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project 1900 Westfield Road PID 00296426 BACKGROUND: On May 25, 2009 Common Council approved the funding and implementation of Phase A of the Westfield Road Reconstruction Project. The Westfield Road Reconstruction Project is a multi-phase reconstruction to occur over several years. Municipal Operations plans to complete Phase A by September 30, 2010. Phase A covers a distance of approximately 1.7 kilometers between the intersection of the Acamac Backland Road and civic 2300 Westfield Road. The phase affects nine (9) parcels of land. Real Estate Services has contacted all owners, negotiations have been completed with four (4) owners, and are ongoing with another four (4). It is anticipated that these negotiations and subsequent transfers will be completed in a timely manner. Staff has been unable to make significant headway with the owner of PID 00296426, Voyageur Properties Limited. This property is located about 400 metres in a northwardly direction from the intersection of the Acamac Backland Road. Staff first met with a representative of the owner on August 25, 2009, notwithstanding a number of subsequent efforts, staff is no farther ahead than on August 25 past. If Phase A is to be constructed and completed as proposed by September 30, 2010, the City must acquire both freehold and easement interests in PID 50 1,101111111111111 City of Saint John 111111111,1111111,111,1111,1)11, Report to Common Council Page 2 January 14, 2010 00296426. The freehold acquisition will permit improvements to the road and its embankment, and sidewalk construction. The easement acquisition will pelluit replacement and enhancement of an existing culvert. The freehold and easement requirements of the City are depicted on a sketch dated July 10, 2009 by Terrain Group Inc. titled "Sketch Showing Property to be Acquired by The City of Saint John 1900 Westfield Road". A copy of this sketch is attached to this letter. Staff herein seeks authority to begin proceedings under the Expropriation Act but will continue to pursue, if possible, a negotiated acquisition. RECOMMENDATION The City Solicitor or his designate be authorized to commence and proceed with the expropriation process to acquire an easement for municipal services and land for road construction required to permit the reconstruction and operation of Westfield Road in, through, over and from land designated by PID 00296426 as generally shown on the sketch dated July 10, 2009 prepared by Terrain Group Inc. and attached to the report to Mayor and Council dated January 14, 2010, M C 2010- 208; and 2. The Mayor and Common Clerk be authorized to execute the Notice of Intention to Expropriate and such other documentation as may be necessary; and 3. The City Manager be directed to pursue negotiations to acquire by agreement the easement and lands required in, through, over and from PID 00296426. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments PW/p That: 51 trick Woods, C.G.A. Acting City Manager Planning and Development Real Estate Services Description of Plan: Westfield Rd Reconstruction Project Phase A area location N PID: 296426 Address: 1900 Westfield Rd. PAN: 01510472 Date: January 15, 2010 52 Planning and Development Real Estate Services N Description of Plan: Subject Site PID: 296426 PAN: 01510472 Address: 1900 Westfield Rd. Date: January 15, 2010 53 JAMES JOHNSON NANCY JOHNSON P10 269702 KEVIN MALONEY PATRIZIA ROCCA De. 254245 3± f o WESTFIELD ROAD 20.117 VIDE SAINT JOHN RIVER MUNIOPAL (ASDEMT tiL� I` k 14.1' 23 321 1 24 222 1 13# LAND TO BE ACQUIRED BY THE CITY OF SAINT JOHN 403m SKETCH SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF SAINT JOHN 1900 WESTFIELD ROAD terrain THE SCIENCE OF PRACTICAL SOLUTIONS DRAW SSA FIELI:t CHECKED: JOB No.506053 CAD:506053 -571 ZOTE 13011INIT OF VOYAGEUR PROPERTIES LIMITED PUM 25 F22 PIO 296126 T TY ATE: JULY 10. 2009 I SCALE:1:500 Terrain Group Inc. 580 Main St., Suite B130 Saint John, New Brunswick Canada E2K 1J5 tet. 506- 634 -8719 fax. 506 -693 -8016 www. terraingro up. cam RT M &C2010 -11 January 12, 2010 T His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: Appointment of Trevor Watson, Joseph Frigault, Mark Seeley and Noel Thorne of the Municipal Operations and Engineering Department as By -law Enforcement Officers and to have Designation /Authorization to lay information in the Provincial Court of New Brunswick for violations of "a Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City BACKGROUND It is necessary to designate appropriate individuals from the City of Saint John Municipal Operations Engineering Department to commence in the name of the municipality, proceedings for breach of By -laws, namely the "Law Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said City RECOMMENDATIONS ON COUNCIL RESOLVED, that as recommended by the Acting City Manager, the following resolution be adopted: 1. 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, including "A Law Relating to the Public Streets in the City Of Saint .John and to Prevent Certain Nuisances in the Said City", and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS, paragraph 14(1) of the Police Act, S.N.B. 1977, c. P -9.2, and amendments thereto, provides that a council may appoint persons as By- law Enforcement Officers for a municipality; SAINT OHN A LIVEABLE WINTER CITY 55 The Cy of SLnbr pc %um� By -law Enforcement Officer and Designation /Authorization to lay information January 12`", 2010 Report to Common Council, M C 2010 11 Page 2 AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: Respectfully submitted, J. Patrick Woods, CGA Acting City Manager NOW THEREFORE BE IT RESOLVED, that each of Trevor Watson, Joseph Frigault, Mark Seeley and Noel Thorne, is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of "A Law Relating to the Public. Streets in the Cite' of Saint John and to Prevent Certain Nuisances in the Said City and these appointments shall continue until they cease to be employees of the Municipal Operations Engineering Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first AND BE IT FURTHER RESOLVED, that each of Trevor Watson, Joseph Frigault, Mark Seeley and Noel Thorne, is hereby designated and authorized to lay an information in the Provincial Court of the Province of New Brunswick with respect to violations to `A Lcnw Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said C'itl' and these designations and authorizations shall continue until they cease to be employees of the Municipal Operations Engineering Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. J.M. Paul Groody, P. Eng. Commissioner Municipal Operations and Engineering SAINT OHN A LIVEABLE WINTER CITY 56 HORST SAUERTEIG e N,F; i i. oone (500)658-1326, 4211,:111'11.1011b SlI110:1111:0 January 4, 2010 To the Common Council of the City of Saint John Re.: My letter of October 4, 2009 about the non-compliance of the Brunswick Pipeline Co. (BPLC) with parts of Condition 18 and 21(a) of Certificate GC-110 of the National Energy Board (NEB) to construct and operate the BPLC Your Worship the Mayor and Councillors, Three months ago I wrote the above letter and was consequently advised by the Assistant Common Clerk that my letter was referred to the Acting City Manager (ACM) and the Police Commission. I found it strange that the Fire Chief was left out but at the time assumed that it was the ACM's responsibility to get the Fire Chief involved. Because a NEB facilitator had arranged an Alternative Dispute Resolution (ADR) meeting in Saint John about the above items for the end of November 2009 between the BPLC and a group of concerned citizens, I was anxious for Common Council's reaction to my letter and if we, the concerned citizens' group, could perhaps count on Council's support for our demand to have the preparedness for pipeline incidents and the protection of the public resolved without further delay. I therefore contacted the ACM during November 2009 twice by voice-mail and twice by e-mail, asking for an update on my letter and gave the date of the meeting to emphasize the urgency of a reply. I received no reply, and this is the reason I write you again. I am still waiting for a reply to my January 12, 2009 letter to Common Council (copy attached) about the BPLC's Emergency Procedures Manual, and my October 4, 2009 letter is basically about the same subject. To date the BPLC's Emergency Response Plan (ERP) still is not based on conditions specific to Saint John; there is still no final, all-inclusive and tested ERP in place; the BPLC still claims that the local First Responders are responsible for responding to pipeline incidents and their aftermath (and Saint John taxpayers will pay for it?); and there still exists no workable solution to alert the public in case of a pipeline emergency (such an alert has to be given within minutes of the incident). I suggest that Common Council should take an interest in this matter, which concerns the safety of the public, and should also establish what the responsibilities of the ACM are, what action, follow-up reports and timely feed-back to the letter writer(s) are required when letters have been referred by Common Council. The ADR meeting took place on November 27, 2009, and I take the liberty to copy you my letter to the NEB consequent to the meeting. It is quite long, and I apologize for this, but it outlines the existing problems and might therefore be informative. Respectfully, Attached: Copy of Common Clerk's letter of Feb. 9/09 Copy of my letter to NEB of January 4/10 57 The City of Saint John SAINT JOHN February 9, 2009 Horst Sauerteig 88 Bedell Avenue Saint John, N.B. E2K 2C4 Dear Sir: At a meeting of the Common Council, held on January 12, 2009 the following resolution was adopted, namely:- 'RESOLVED that the follow-up letter from Horst Sauerteig regarding Brunswick Pipeline's Emergency Procedures Manual be referred to the City Manager." Sincerely, Elizabeth Gormley Common Clerk 58 P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N.-B, Canada E2L 4L1 HORST SAUERTEIG 88 Bedell Saint John_ N 11 .1:2K 2C 4.. phone 150(-0, 658- j320. ,a patik•e File OF-Fac-G-E236-01 01 January 4, 2010 To the National Energy Board (NEB) Att.: The Acting Secretary of the Board Re.: Necessary changes to the Emergency Response Plan (ERP) of the Brunswick Pipeline Co. (BPLC) left unresolved after the November 27, 2009 Follow-up ADR Meeting in Saint John Dear Sir or Madam, 1.a) On May 14, 2009 an ADR meeting took place in Saint John attended by NEB staff, representatives of the BPLC and the Maritimes&Northeast Pipeline (M&NP) and of a group of concerned citizens of Saint John. The Agenda for this meeting was: The Final Draft of BPLC's ERP, NEB's letter of April 24, 2002 including the PRC 2006-01 change, o The BPLC's booklet informing the residents of the EPZ, and O The daily patrolling of the urban Right of Way (RoW) Please be referred to my Memo of June 12, 2009 about this meeting. I attached a copy of it to my letter of July 26, 2009 to the NEB. b) The above four items were re-visited during a Follow-up Meeting on November 27, 2009 in Saint John which was attended by Ms. Lorna Patterson and Mr, Shane Robertson from the NEB, Ms, Stephanie More and Mr. Andrew Langille from M&NP, Ms. Susan Layton and Mr. Rob Belliveau from BPLC and Leland and Janice Thomas, Joan Pearce, Tom Inkpen, David Thompson and myself for the concerned citizens group. At both meetings the time for discussing the above 4 points was limited to only a few hours due to other commitments by the BPLC and/or M&NP representatives. 2.a) In this November 27/09 meeting BPLC's "DRAFT FOR ADR" was explained by Mr. Langille but, as already stated above, there was not enough time to go into a detailed discussion of this 3 cm thick volume, and in several instances the discussion about a contentious item was not brought to a conclusion because, the facilitator told us, such unresolved items would eventually be submitted to the NEB for a final decision. I write this letter as an input into this NEB decision making process. b) Whereas the DRAFT is an improvement over the ERP of our May 14, 2009 meeting, the November 27/09 meeting revealed that the DRAFT requires further rigorous and extensive redacting before a final ERP becomes a useful tool to prepare for and to respond to any local pipeline emergency. I also want to go on record of not agreeing with creating different urban and rural emergency response documents, because in both areas the BPLC (or the M&NP) can not respond to emergencies for lack of manpower. 59 60 2 c) CESA, the Canadian Energy Pipeline Association, defines the requirements of an ERP very well: "The purpose of an emergency procedural manual or emergency response plan (ERP) is to ensure a quick, effective response to emergencies in order to protect the public from fatalities and irreversible health effects as well as limit facility damage and reduce impact to the environment. An ERP addresses worst-case ernereencv scenarios. potential hazards to the Public. and systems reauired for adeauate response". 3.a) In order to be effective the response has to be within minutes of a pipeline incident if a high pressure natural gas pipeline is involved (Ref. #1). The ERP needs to be redacted to reflect forcefully his urgency. It must be more clearly written to establish definite roles and must have clear instructions which everybody involved in an emergency understands and is able to follow in order to have an effective response to such an emergency. b) To meet the requirements of 3.a) an ERP: 1. must be well organized to ensure instant access to critical information; 2. must identify response organizations and command structures; 3. must identify the responsibility of the pipeline company and coordinate it with the responsibilities of the local First Responders (FRs) and the local authorities; 4. must clearly establish the roles of the company and each of the FRs, define the extent and the limits of responsibility for each of them, document such agreed upon arrangements in a written form and make them part of the ERP; 5. must increase public confidence in the ability of the pipeline company to handle emergencies. c) I submit that the DRAFT FOR ADR in its present form does not meet the above 5 conditions and is of little help to the FRs. It does not define their roles as the responders in Saint John and does not delineate and set limits of responsibility for each FR. 4.) The way a pipeline emergency will in all probability play out is that: 911 gets a call of an incident (the BPLC is not in the phone book). 911 notifies the local Police- and the Fire Departments, the local BPLC and, in order to get everybody involved, the M&NP in Fredericton. o A patrol car will probably be first at the site. If the smell of gas is in the air the officer will test the gas/air mixture if it is in the explosive range. Therefore Police Officers have to have a gas detection devise in their patrol cars and must have received instructions on how to usc them and what to do as the result. Firefighters will be next on site and will respond to the emergency with their equipment in a professional way. The Fire Chief or his Deputy will be the Emergency Response Site Commander. He will also co-ordinate with the police the sealing off of the emergency site and direct other emergency measures. o In case of a rapid pressure drop in the pipeline SCANA in Houston will have the valves at the Valve Stations closed automatically. If this does not happen within minutes, or if the emergency is a slow leak undetected by SCANA, the Fire Chief or his Deputy is authorized to contact SCANA and request closure of the valves. This is a judgement call, as is the decision to eventually close the valves manually, and this has to be extensively documented in the ERP. j Eventually one of the 5 local technicians will show up (there is one on duty 24/7). He will answer technical questions pertaining to the pipeline installation which the Fire Chief or his Deputy might have. In case of a gas leak at one of the Valve Stations this technician might try to repair the damage, hopefully assisted by at second technician arriving later. They can contact the M&NP's official on duty in Fredericton for instructions if needed but it might take up to 60 minutes before the first technician arrives at the site. This delay is not considered in the DRAFT but this problem has to be resolved and its solution included in the final ERP, because a gas leak is the most prevalent of all pipeline emergencies and can affect a large area of the EPZ. 5.a) Whereas the above response describes a realistic scenario, the "DRAFT FOR ADR" still shows on page 1 of 02/03 a "Field Emergency Response Team Structure" (FERT)/ URBAN in which the Area Manager in Fredericton is Operations Section Chief and leader of PERT in Saint John It shows 6 'leaders', but only 5 technicians are located in Saint John, with one of them on duty 24/7, and the 'leaders' have no personnel to lead because the required manpower does not exist. The whole scheme is unreal. This 02/03 PERT chart assigns the Fredericton Area Manager to "manage on-site responses" in Saint John and assigns a technician to "direct public protection activity" and to "ensure evacuation/ isolation/ security to be carried out by FRs". Those assignments are incorrect and misleading and do not reflect the actual response to a local pipeline emergency. b) In reality the well trained commanders of the various FRs will be responsible for these activities. Where in the DRAFT the Area Manager in Fredericton still "assigns resources" and "oversees the field response" (01/04 page 1) and "assists" the Fire Chief or his Deputy in directing the FR forces, it is in reality the Fire Chief or his Deputy who command these FRs as the responders in Saint John. They do not need the interference of a BPLC technician or the Area Manager in Fredericton who "oversees" their response to an emergency. This only adds more stress to a stressful situation. It is essential for an effective and efficient response in Saint John to have a realistic designation of the duties and responsibilities of the true responders clearly and in detail documented in the ERP. 6.) An actual response in Saint John will solely be an FR operation and, I repeat, this must be clearly expressed in the ERP. Properly documented agreements between the BPLC and the FRs must become part of the ERP, and instructions about the alerting, informing and the eventual evacuation of the affected public, which are all missing in the DRAFT, must be a part of the ERP. The excuse from the BPLC for not producing a chart showing the roles of the various FRs in an emergency is the rather illogical claim that the response to an emergency is the problem of the local FRs. I do not agree. A Field Emer- gency Response Structure Chart in the ERP must assign and define the roles of the various FRs but, 1 submit, both the OPR-99 and the letter of April 24/02 assign the primary responsibility for the preparedness and implementation of the response to an emergency to the BPLC, being a company under the jurisdiction of the NEB. I offer below statements which confirm that this responsibility lies with the BPLC: a) The NEB's letter of April 24, 2002 about "Security and Emergency Preparedness and Response Programs", which the NEB in its Certificate GC-110 Condition 18 requires the BPLC to refer to, states on page 1/10 under "2.0 Emergency 61 4 Preparedness and Response Program": "The NEB expects companies (i.e. the BPLC) to develop and implement an ERP for all aspects of their operations" in order "to minimize the effects of incidents and emergencies that have the potential to impact the health and safety of the public" (page I 10); and the alerting, directing and eventual evacuating of endangered persons in the EPZ is an important part of this ERP. If the BPLC wants the FRs to perform these operations, it has to conclude with each of them an agreement and specify their extent and limits, and attach these documents the ERP, but this does not change the BPLC's primary responsibility for 'developing and implementing' a response. b) On page 3/10 the April24/02 letter in its 2" stipulates under 2.2.2 Emergency that: "Companies must ensure that all persons and parties that may be involved in responding to an emergency are knowledgeable of company facilities, the hazardous products involved and emergency procedures to be followed in the event of an incident or emergency". It confirms that 'companies', i.e. the BPLC, are held responsible for (must ensure) the emergency preparedness and response, and not the FRs. Similar assignments of the 'companies' responsibility can be found on most pages of the April 24/02 letter (Ref. #2). This identification of responsibility has to be reflected in the ERP. c) The NEB Emergency Management Program of March 17, 2006 states clearly and unambiguous on page 1 under "Overview" that "NEB-regulated companies have the 'primary responsibility' for ensuring safety and environmental protection because they are the owners, designers, builders and operators of the facilities" and it continues: "All companies under the Board's jurisdiction are responsible for developing and maintaining an Emergency Response and Preparedness Program genetically referred as "Emergency Management Program" for all aspects of their operations. In the event an emergency occurs, the regulated company is responsible for responding to the emergency and coordinating emergency response activities". The ERP has to reflect this assignment. d) The BPLC in its Application to the NEB of May 2006 on pages 51 and 52 advised the NEB that they would "adopt and augment as necessary M&NP policies, programs and manuals". The M&NP operates the Saint John Lateral pipeline for nearly 10 years and must have developed, implemented and updated programs similar to those described above in a) and b), including an effective alerting system, lest they have been totally irresponsible. It should be comparatively easy to 'adopt and augment' those programs, if they exist. Otherwise the NEB has a duty to cause this dangerous deficiency to be rectified. Since the M&NP will also operate the Brunswick Pipeline I consider this to be of importance. Please be also referred to my letter of July 9, 2009 to the NEB. e) The BPLC knew or ought to have known that in the City of Saint John at the present time no alarming or alerting system exists which could be of use in a pipeline emergency. This was a known fact before the decision was taken, against the written protest of 15,000 citizens, to rout the pipeline through the city. It would have been prudent to have appropriate plans in place instead of now trying to transfer the responsibility for the implementation of an alerting system to the EMO or one of the FRs. Please be referred to (Ref. #2 which explains that it is the 'company's' and not the FRs duty to 'implement' a program of preparing for and responding to a pipeline emergency which, I repeat, includes the alerting etc. of the public in the 800m EPZ. f) For lack of time the question of a 'legal' obligation by the local FRs to respond to a pipeline emergency in the city, which the pipeline representatives claimed does exist, was only briefly considered in the November 27/09 meeting. But in addition to the above 62 5 evidence in a) and b), Regulation 84-7 under the New Brunswick Emergency Measures Act subsection 2(2)(d) (Ref. #3) decrees that the NB EMO "shall plan civil emergency measures in respect to matters that are not the responsibility of any department or agency of the Government of New Brunswick or the Government of Canada". Whereas the BPLC operates under the jurisdiction and is the responsibility of the NEB, an agency of the Government of Canada, I argue that according to Subsection 2(2)(d) the emergency measures of the BPLC are ultimately the responsibility of the NEB, and that its April 24/02 letter and its Emergency Management Program of March 17/06 both confirm this, and that these documents establish that preparation for and response to emergencies involving the pipelines of both the BPLC and the M&NP are not the responsibility of the EMO or any other local FR but lie with one or the other or both of these two companies; and that the April 24/02 letter establishes that they may conclude agreements or contracts with the FRs for services for which they lack the necessary manpower and/or equipment. 7.a) A lot of time was spent discussing the definition of "full-scale" relative to an Emergency Response Exercise, which is required by Condition 21(a) of BPLC's Certificate GC-110. In the Draft on 0 1 /10 page 2 an attempt has been made to exchange a "full-scale exercise" with a "theme exercise", and the BPLC argued in the meeting that in a full-scale exercise not all aspects of a potential emergency need to be tested; and this was their excuse for not including the alerting, contacting and eventually (mock) evacuating the population during this exercise. 1 disagree. I argue that Condition 21(a) has a list of 6 elements to be tested which together amount to a "full-scale" exercise, and that this includes alerting etc. because it is part of "emergency response procedures", one of the six elements, and that it was not tested. Whereas the purpose of this emergency exercise is to demonstrate to the NEB as well as to the population in the EPZ that with the start of the operation of this new pipeline a fully functioning ERP is in place and has been successfully tested, I submit that the exercise has failed to achieve this criterion. For more details please be referred to my letter to the NEB of August 10, 2009. b) The April 24/09 letter on page 8/10 under "3.6 Emergency Response Exercises" in the 2" last specifies that "A full-scale exercise involving all agencies identified in companies' liaison programs should be held at least every three years". "Liaison programs" as such are missing in the DRAFT FOR ADR, but they are obviously identical with the above mentioned (and also missing) contracts or agreements between the BPLC and the 'identified agencies', i.e. the various FRs. Please note that "all agencies", Le. all FRs must be involved in a "full-scale" mock exercise, and that the BPLC should "ensure that the exercise simulates... worst-case gas release scenarios". But the chosen scenario was an emergency site located off an isolated street, a full rupture of the pipe but no ignition, a gas plume which was blown in an uninhabited area, and no medical attention for the severely injured workers because no emergency health unit or ambulance were included in the exercise. All of this shows that this was no worst-case scenario. Matter of fact, this exercise was absolutely worthless as a mock field exercise. c) Whereas the M&NP will operate the Brunswick Pipeline in addition to the Saint John Lateral, and whereas the April 24/09 letter applies to both pipelines, and whereas the M&NP in the 10 years it operates the Saint John Lateral has never conducted a full-scale worst-case mock emergency exercise in the City of Saint John, and whereas the BPLC has failed to conduct an exercise as stipulated Condition 21(a) in Certificate 63 8 drive-bys only 1 full RoW patrol resulting ini 0 patrols per week? Why is 'daily' applied only to the days Monday to Friday? If the patrolling was not to be done every day, was he original 'daily' only used to placate the public? Why are the drive-bys only during working hours? Have potential perpetrators confirmed that they will also strictly adhere to these hours? Why does the BPLC with these 8 drive-bys per week inspect a total of only 4 km of the urban RoW (my letter to the NEB of March 19, 2008, with copy to Mr. Leadley) and neglect the bulk of it, 85%, which needs equal attention? o Do these drive-bys inspect the entire ±15% of the rural RoW which can possibly be monitored from a municipal street, or is the drive-by a 'taking a quick glimpse on the way home' when 'observers' happens to cross a RoW, to get 8 drive-bys? Are records being kept about these patrols, and who will have access to them? An "expert's opinion" was given by the BPLC's representative as the reason for defaulting on the many earlier undertakings to "patrol the urban RoW on foot or by vehicle on a daily basis". Was the original plan of daily patrols along the urban RoW not based on experts' opinions? Does this change indicate that it was the BPLC's intent during the November 2006 hearing to use the sworn testimony of its Expert Panel 4 about patrolling solely to have its Application to the NEB of May 2006 approved and than default on the patrolling commitment? What is the criterion for changing back to daily patrols 'along' the urban RoW? Is a 365 days/year patrol only being considered after sabotage or vandalism took place (repeatedly?) resulting in the loss of life, limb or property to citizens? Has the BPLC investigated the possibility of implementing other security measures different from those presented at the November 27/09 ADR meeting which would be as effective as those "daily patrols of the urban RoW on foot and/or by vehicle", such as those circulated in the May 14/09 ADR meeting? 11.) I apologize for the length of this letter. Please take it as an indication of the importance which the Saint John public, which I represent as a member of the Brunswick Pipeline Saint John Community Liaison Committee, places upon the development and the full implementation of a realistic and effective Emergency Response Program as required in the NEB's Certificate GC-110 in Conditions 18 and 21(a). Respectfully, Original Signed By, H. SAUERTEIG (H.Sauerteig) cc. BPLC Saint John Common Council 7 Attached: Ref. #1 Notes on gas pipeline incidents Ref. #2 Request in Condition 18 to refer to April 24/02 letter Ref. #3 Regulation 84-7, pages 1 and 2 64 Notes on gas pipeline incidents With the exception of an undetected gas leak described below as incident 2 a) and b) a pipeline incident lasts approximately 15 minutes after SCANA in Houston has been notified and is able to close the valves. But the results of an incident are in most instances secondary fires or explosions, injuries and possibly fatalities, and damages to or loss of houses and infrastructure. DESCRIPTION OF DIFFERENT PIPELINE INCIDENTS 1.) Mechanical or electrical incidents at the above-ground installations caused by: a) Deficient maintenance b) Vandalism 2.) Pinhole leak in Pipe resulting in: a) Effects on vegetation b) Gas spreading under asphalt paving or frozen ground and i) seeping into sewer lines and man-holes ii) seeping into basements of nearby houses 3.) Damage to the pipe (accidental or by design) resulting in: a) Hole in pipe b) Rupture of pipe THE NOVEMBER 2006 HEARING RECORD: Please note that the number below in brackets refer to the Hearing Record. The names of persons refer to members of BPLC's Witness Panel #4 (except as noted) giving sworn testimony in their field of expertise. (14533) Mr. Whalen: What I was discussing yesterday was an acknowledgement that an Emergency Response Plan (ERP) has no direct relationship with the failure mechanism of a pipeline. It certainly has limited effect on the impact of an incident within the first few minutes. (14534) Mr. Whalen: The benefit of an ERP is to deal with the consequences, and part of that is education: An ongoing education program for first responders, an ongoing education program for those within an emergency planning zone. An accurate database of peoples within those zones. Working with first responders on evacuation if necessary and prudent, as well as road blocks. (14535) Mr. Whalen: So how can an ERP reduce the impact? It's really dealing with the consequences and has limited impact on the first five minutes. THE RESULTS OF A PIPELINE INCIDENT REFERENCE# by Horst Sauerteig Fire Ball: If a massive gas release via a big hole or a rupture is ignited immediately. In case of a rupture 1,000,000 lbs of methane gas will be released in the first three minutes. (13897) 65 2 Vapour Cloud: Can go out 500 to 600 m without ignition. (14375) At wind speeds of 5.2 m/second the gas cloud can reach 900 m in 3 minutes.(Reply Evidence Oct. 20/06 Attachment 11 page 3) Flash Fire: Delayed ignition of a Vapour Cloud where ignition occurs at an ignition point which is not necessary at the location of the jet or the release point. The ignition travels out from the ignition point in various directions, not necessarily in all directions homogeneously. It is not necessarily as concentrated or as large as the fire ball mass of vapour gas that ignites. (13917). It is likely to last much less than one second. (12469) Jet Fire: A flash fire eventually burns back to a jet fire which can still have fatal results. At a distance of 572 m the thermal radiation of a jet fire is 50 kw/m where a 20 second exposure will result in a 100% mortality. (14066/14070) Explosion: Is the result of a rupture or otherwise a critical mass and mixture of gas, ignition, and for certain scenarios confinement. A vapour cloud of 5% to 15% diluted gas ignited in an enclosed space will cause damage up to 800 m. (15386) THE FIRST FEW MINUTES OF AN INCIDENT (14191/193) Dr. Bercha: For the early ignition scenario there is very little that can be done in the immediate impact zone because the largest impact occurs in the first few minutes of the gas release. The primary purpose of Emergency Response is to take care of any secondary fires and to maintain safety for the individuals after the initial impact has occurred. There are many cases, probably 50% of the cases, where there will be no ignition. This is a totally different picture. They would try to keep people in the safest possible condition without igniting the vapour cloud. (14197) Mr. Drake: The key is to get the valves closed quickly to minimize the amount of gas that has to be dissipated. That time is measured in minutes... the fire is starting to come down very quickly once the valves are closed. (14198) Mr. Ruffman (Not a BPLC witness): We've had testimony here that, that estimated time to be able to close the block valves from a signal sent by Houston would be in the order of 15 minutes or indeed, was it more? (14199) Mr. Whalen: 1 believe that the timefrarne would be somewhere in the order of 5 to 10 minutes. (14205) ....Once the password is initiated into the SCADA system, which might take another 30 seconds to a minute, than the scan on the satellite is 30 seconds and then, the closure time of the actuator is (another) 30 second. (14212) Dr. Bercha: You are still running at about 1,000 kg a second and we've actually assumed that closing happens around 10 minutes in the modelling. 66 to refer to NM's letter of April 24, 2002 The Request in Condition 18 of Certificate GC-110 by Borst Sauerteig Condition 18 requires the Brunswick Pipeline Co. (BPLC) to refer to the April 24/02 letter when preparing an Emergency Procedure Manual (EPM) for the Brunswick pipeline. An EPM is one of 8 "expected elements" listed on page I of this letter which the NEB expects companies under its jurisdiction to included in their Emergency and Preparedness and Response (EPR) programs to fully comply with Section 32 of the Onshore Pipeline Regulations 1999 (OPR-99). What information an EPM should include 'at a minimum' is listed under "3.2 Emergency Procedures Manual" on page 5/10 of the April 24/02 letter. The list contains 22 topics which all must be part of what the BPLC calls its ERP in order to comply with Condition 18, lest the BPLC shows reason why they are not in its ERP (page 4/10). At the bottom of this list of topics (on page 5/10) the NEB issues some very useful suggestions on how the Manual, i.e. the ERP, should be arranged to facilitate its use. I suggest that the BPLC should also adopt these suggestions. Some of these 22 topics refer to other 'expected elements' of the April 24/02 letter, and it therefore seems logical to assume that the reference in Condition 18 actually refers not only to the ERM but to the total of the April 24/02 letter. It would take too long to examine all 22 topics on how other elements are involved and how each is reflected in the BPLC' s ERP, but I will examine a few below to demonstrate that the BPLC, when composing its ERP, did not always consider these topics and all their requirements. "Directions for Use of Manual". The ERP and the Draft for ADR on 01/01 page 1 say that "this Field Emergency Response Plan is a guide for Brunswick Pipeline field personnel...", but because the BPLC has only a total of 5 field personnel it cannot conduct a response to an emergency. The local First Responders (FRs) will take over this role as detailed in "3.3 Liaison", and the ERP has to be changed accordingly. "Description of Initial Responses to Incident The DRAFT for ADR on pages 02/02 and 02/03 show the Structure of a Field Emergency Response Team (FERT) respectively for RURAL and URBAN responses to emergencies but because the BPLC does not have the field personnel for these assignments, the charts have to be redrawn to reflect the real situation both in the rural and the urban areas of the pipeline route. Part of the response to an incident call is the alerting of that part of the public which might be endangered by this incident, but detailed information about this important aspect or about available instructions as detailed in "3.4 Continuing Education Program" are missing in the ERP. "Emergency Preparedness and Response Policy": In this topic, in my opinion, the BPLC is to articulate its corporate philosophy on how it will implement the April 24/02 letter. The BPLC has to state clearly and unambiguously that the company will contract out most if not all of the response activities because it does not have enough employees for this task; and it has to confu in that despite most if not all of the response activities have been contracted out the BPLC, as required by the April 24/02 letter, has to accept the ultimate responsibility for preparing for and responding to a pipeline emergency. "Description of General and Site Specific Emergency Response Procedures": The procedures for a General Emergency Response are contained in the ERP, but in order to be site specific, it must include detailed information about installations within the EPZ which, when left unattended, could cause a chain reaction of additional emergencies, and how to protect them. Furthermore reference on how the public will be instructed prior to an incident should also be contained in the ERP, and how in such a part of the city which is affected by an emergency they will be alerted, how they are to react to the different emergencies, how they will be kept informed and how, when and to which place they eventually will have to evacuate when ordered by which method and by whom. If this is dealt with in a separate document, such information must be attached to the ERP. These few examples demonstrate that for a complete ERP the BPLC has to consider each of the above mentioned 22 topics as well as the other 'elements' of the April 24/02 letter, and has to verify that their requirements are reflected in the ERP, that all possibilities of each particular topic have been addressed and that they reflect the real situation in Saint John (and in the rural areas as well). The April 24/02 letter shows that the NEB holds the companies, i.e. the BPLC, responsible for the "Security and Emergency Preparedness and Response Programs". This is stated on every one of its pages as demonstrated below: Pg. 1 3 To fully comply with OPR-99 a company's EPR... Pg. 2 3 All companies under NEB jurisdiction ensure their programs meet OPR-99 Pg. 1/10 4 The NEB expects companies to develop and implement EPR programs... Pg. 2/10 2 Companies must ensure that...emergency procedures be followed..... Pg. 3/10 2 Companies must ....have applicable procedures in place to deal with. Pg. 4/10 last Companies must be able to demonstrate... Pg. 5/10 2 last Companies are required....to establish and maintain liaison. Pg. 6/10 1 Companies are required to develop continuing education programs... Pg. 7/10 1 Companies should ...ensure that all persons...can be contacted when req. Pg. 8/10: Companies are responsible for Emergency Training and Response Exercises. Pg. 9/10 4 Companies are required to develop and implement safety programs.... Pg. 10/10 2 Companies should prepare ...detailed records of all activities re. the EPR. Proposed Regulatory Change 2006-01 Pg. 1 3 Companies shall ...address the risk of the facility....being protected. Pg. 2: Companies should consider the listed elements within their Security Mgmt. Progr. 1 apologize for the paucity of the references. I only want to demonstrate that the NEB in its April 24/02 letter holds the companies under its jurisdiction responsible for the development, implementation and maintenance of the EPR for their respective pipelines. If FRs are to be actively involved, this must be documented in legally correct and detailed written agreements, contracts or memoranda of understanding, as the case may be, which than have to be attached to and become part of the ERP. 68 E-7,1 NEW BRUNSWICK REGULATION 84-7 under the EMERGENCY MEASURES ACT (0.C. 84-29) Filed January 23, 1984 Under section 25 of the Emergency Measures Act, the Lieutenant-Governor in Council makes the following Regulation: 1 This Regulation may be cited as the Emergency Plan- ning for the Continuity of the Government of New Bruns- wick Regulation Emergency Measures Act. 2(1) The New Brunswick Emergency Measures Organi- zation is responsible for stimulating and coordinating emergency preparedness planning for emergencies and di- sasters during peacetime and war. 2(2) The New Brunswick Emergency Measures Organi- zation shall: (a) develop, in conjunction with provincial depart- ments and federal and municipal authorities, a program to ensure the continuity of government in an emer- gency; (b) co-ordinate civil emergency preparedness plan- ning and training by departments and agencies of the Government of New Brunswick; (c) co-ordinate civil emergency preparedness organi- zation, planning, and training by municipalities and groups of municipalities; Emergency Measures Act 69 REFERENCE 3 REGLEMENT DU NOUVEAU-BRUNSWICK 84-7 etabli en vertu de la LOI SUR LES MESURES D'URGENCE (D.C. 84-29) 84-7 Depose le 23 janvier 1984 En vertu de rarticle 25 de la Loi sur les mesures d'ur- gence, le lieutenant-gouverneur en conseil etablit le regle- ment suivant 1 Le present reglement peut etre cite sous le titre Re- glement sur la planification des ,nesures d'urgence pour assurer la permanence du Gouvernement du Nouveau- Brunswick Lai ,cur les mesures d'urgence. 2(1) 11 incombe A l' Organisation des mesures d'urgence de stimuler et de coordonner la planification des mesures d'urgence pour les situations d'urgence et dans les cas de desastres en temps de paix et de guerre. 2(2) L' Organisation des mesures d'urgence du Nouveau-Brunswick a) met sur pied, de concert avec les ministeres pro- vinciaux et les autorites municipales et federales, un programme visant A assurer la permanence du gouver- nement dans une situation d' urgence; b) coordonne la planification des inesures d'urgence civiles et l'entrainement auxquels procedent les minis- teres et organismes du gouvernement du Nouveau- Brunswick; c) coordonne Vorganisation et la planification des mesures d'urgence civiles et I'entrainement auxquels procedent les municipalites et groupes de municipali- tes; S4-7 Li sur les mesures d'urgetwe (d) plan civil emergency preparedness measures in respect to matters that are not the responsibility of any department or agency of the Government of New Brunswick or the Government of Canada; (e) within the guidelines agreed upon with the federal authorities, liaise with and plan for joint operations with adjacent states and provinces for civil emergency preparedness measures of mutual concern; (f) establish guidelines for training and exercises to be carried out by the provincial departments, agencies, and municipalities; and (g) co-ordinate provincial operations during a de- clared disaster. 2004-133 3 The Ministers of all departments and agencies of the Government of the Province of New Brunswick shall en- sure that the necessary planning is carried out within their departments and agencies co-ordinated as necessary with the planning of the federal and municipal levels of gov- ernment. 4(1) The following departments and agencies of the Government of New Brunswick shall have designated planning responsibilities: Communications New Brunswick Department of Agriculture and Aquaculture Department of Education Department of Energy Department of Environment Department of Finance Department of Fisheries Department of Health Department of Local Government Department of Natural Resources Department of Post-Secondary Education, Training Labour Department of Public Safety Department of Social Development Department of Supply and Services Department of Tourism and Parks and 2 70 E-7.1 d) planifie des mesures d'urgence civiles pour les secteurs qui ne relevent d'aucun ministere ou orga- nisme du gouvernement du Nouveau-Brunswick ou du Canada; e) dans les limites des lignes directrices convenues avec les autorites federales, reste en liaison et planifie des operations conjointes avec les Etats et provinces li- mitrophes pour les mesures d'urgence civiles (Pinter& cot f) etablit des lignes directrices relativement aux seances de formation et d'exercices que doivent orga- niser les ministeres, organismes et municipalites de la province; et g) coordonne les operations provinciales en cas de proclamation d'un desastre. 2004-133 3 Les ministres responsables des ministeres et organis- mes du gouvernement du Nouveau-Brunswick doivent veiller a ce que la planification nocessaire soit effectude au sein de Ieurs ministeres et organismes et coordormee, au besoin, avec celle des paliers municipaux et federal d' administration publique. 4(1) Les ministeres et organismes du gouvernement du Nouveau-Brunswick enumeres ci-dessous ont des respon- sabilites designees en matiere de planification le Cabinet du procureur general Communications Nouveau-Brunswick l'Exploitant du reseau du Nouveau-Brunswick le ministere de I'Approvisionnement et des Services le ministere du Developpement social le ministere de l'Education le ministere de l'Energie le ministere de l'Environnement le ministere des Finances le ministere des Gouvemements locaux le ministere des Ressources naturelles le ministere de la Sante" le ministere de la Securite publique le ministere des Transports le ministere du Tourisme et des Parcs RE OPEN SESSION M C 2010 07 January 18, 2010 ORT TO COMMON COUNCIL His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: 2010 Provincial Tourism Guide BACKGROUND: The provincial department of Tourism Parks annually publishes the Experience New Brunswick Official Vacation Planner. This guide is the primary fulfillment piece that Tourism Parks sends in response to visitor requests for information on New Brunswick from their toll-free number and web site. The guide is also distributed through the provincial and municipal Visitor Information Centres and can also be downloaded from their web site. The Province publishes separate French and English versions of the guide and in previous years approximately 550,000 guides were printed and distributed. The cost of the production of this Guide is off-set through advertising sales. Hawk communications is responsible for the sales of advertisements and as in previous year's the City has been approached to purchased space in the Guide. ANALYSIS: As in previous years staff is recommending that we purchase space in the Visitor Guide. The City will be purchasing three pages in the Guide and have preferred placement being the inside back cover gatefold ad which is prime advertising space. The total cost associated with this space is $45,556 plus HST. In previous year's the City has offset the costs associated with this purchase by forming an "Attractions Partnership" with several of our industry partners including the New Brunswick Museum, The Fundy Trail, Parks Canada, Uptown Saint John, Brunswick Square and Market Square. These partnerships are being secured for this year as well and it is anticipated that revenues will be approximately $30,000. 71 City of Saint John 111.111111,11 FINANCIAL IMPLICATIONS: This is a planned expenditure and monies are available in the 2010 Operating Budget for the planned Destination Marketing Organization (formerly Tourism Saint John) to cover this cost. RECOMMENDATION: That Common Council approve payment of $45,556 plus HST to Hawk communications for the placement of the inside back-cover gatefold ad in the 2010 Experience New Brunswick Official Vacation Planner. Respectfully submitted, An P. Beckett M.A., C.A. Deputy City Manager J. Varick Woods C.G.A. City Manager 72 REPORT TO COMMON COUNCIL M C 2010 -01 January 7, 2010 His Worship Mayor Ivan Court Members of Common Council Your Worship and Councillors: SUBJECT: Renewal of Lease of Land, Rogers Wireless Spruce Lake PID #286559 BACKGROUND: The City of Saint John entered into a lease with Rogers Wireless Inc., now Rogers Communications Inc. for an eight acre site with a right -of -way for servicing the parcel of land, pursuant to a resolution of Common Council, adopted March 13, 2006. The subject parcel is bound by the Saint John Throughway (Route 1) to the north, and the Lorneville "Heavy Industrial Site" to the south. A portion of PID 286559, one kilometre east of the subject site, was previously conveyed to Aliant Telecom for a freestanding telecommunication relay tower. Other encumbrances over the parcel include an NB Power right -of -way and Maritimes Northeast's natural gas pipeline. The existing term ends December 31, 2010. The lease provides for renewal by the lessee, provided the lessee is not in default. The lessee is not in default. The lessee has given notice of its intention to renew the lease for a further five (5) year term. The Lessee and City staff have agreed upon the appraised market value of the site and in accordance with the lease the annual rent required commencing in 2011 will be Three Thousand Two Hundred Dollars ($3,200.00). All other terms and conditions of the existing lease remain unchanged. The following recommendation will confirm the rent for the five (5) year extension of the lease with Rogers Communications Inc, commencing 2011. 73 r 10:2:::, r r 9 ��EM City of Saint John illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllliiiiiiiiiiiiiiiiiiiiiiiiii Report to Common Council Page 2 January 7, 2010 RECOMMENDATION: 1. That the rent for the five (5) year term from January 1, 2011 to December 31, 2015 under the lease between The City of Saint John and Rogers Wireless Inc. (now Rogers Communications Inc.) dated May 3, 2006 shall be $3,200.00 per year (plus H.S.T. if applicable) and all remaining terms and conditions remain unchanged; and 2. that the Mayor and common Clerk be authorized to execute the renewal documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development atrick Woods, C.G.A. Acting City Manager CL /c Attachment 74 1 1_ RO TowER 4 sin PROPOSED POSED SF'N.._ ACCTS SPRUCE AXE HER I Sri THE QLEEN r si s ,d WT r< rt �aa f> tt wra R 1.1F Ng VPIE PROPOSED SITE AND CC S1 iuATEC TtE EAU SIX OF KNOELL KW,' NO M a KCV1E c Cc SRM7 47,7-774, 1&4 SH OF SW 49: Cd :e4AS 4141N, Praohcz d;f azg moiseat SCALE t .01 col gerno-nmixtc: Rogers Wireless Pcrtnership ROGERS "%43+477$ JOE 661477 WRUCE E SAINT MiN V 25) Q ROGERS` December 15, 2009 THE CITY OF SAINT JOHN C/O Mr. Curtis Langille, Planning and Development 15 Market Square, 10 floor P.O. Box 1971 Saint John (NB) E2L 4L1 Attention: Mr. J. Patrick Woods, Acting City Manager Ms. E. Gormley, Common Clerk RE: Notice of Lease Agreement Renewal Rogers Site SPRUCE LAKE CITY (A325) Located at; PID 286559, Spruce Lake (Saint John) NB Dear Sir, We wish to inform you that the current term of the Lease Agreement (the Lease) made on May 3`', 2006 between The City of Saint John (Lessor) and Rogers Wireless Inc., now Rogers Communications Inc. (Lessee), will end on December 31,, 2010. 1. As per clause 5 a) of the Lease, the Lessee exercises its option to renew for a 5 year term further, commencing January 1 2011. 2. As agreed between Mr. Brian Irving and Ms Walker on April 24 2009, and as per clause 5 a) of the Lease, the Lessor and Lessee agree that the appraised market value of the demised premises be Thirty Two Thousand Dollars ($32,000) and the new rent shall be Three Thousand Two Hundred Dollars ($3,200) per year, commencing January 1 2011. Save and except the terms and conditions provided in this letter, all other terms and conditions of the Lease Agreement continue in full force and effect and without any change. Yours truly, Roger: C• m untcations Inc. Pie e Auger, B.B.A., C. App. nager, Real Estate, Eastern Canada I have the authority to bind Rogers Wireless Inc. now Rogers Communications Inc. The City of Saint John agrees to the terms and conditions contained in this letter Dated this day of 2009. The City of Saint John Mayor Common Clerk Common Council Resolution 76 ROGERS COMMIUNICATIONS INC. Services immobiliers Est du Canada Real Estate Services Eastem Canada BOO, rue de la Gauchetiore ouest, bureau 4000 Montreal, Quebec NSA 1K3 Telephone/Telephone 514 -340 -7400 ThIEcopieur /Fax 514345 -6696 BY EMAIL BY MAIL M &C -2010 -013 January 13, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 130 Gault Road and 33 Smythe Street BACKGROUND: As provided in Common Council's resolution of August 3, rezoning and Section 39 amendment applications received appropriate public hearing date. The full applications are available in the Common Clerk's documentation presented at the public hearings. The following applications have been received. Name of Applicant Galbraith Construc- tion Ltd. Location Existing Zone 13() Gault Road ADI Limited (for 33 Smythe Street "ID" N.B. Department of Social Development) 77 2004, this report indicates the and recommends an office and will form part of the Proposed Reason Zone "TH" Section 39 Amendment To permit a revised town- house proposal To permit exterior renova- tions of the Harbourside Apartments Tower Report to Common Council Page 2. RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Section 39 applications of Galbraith Construction Ltd. (130 Gault Road) and ADI Limited (33 Smythe Street) for Monday, February 15, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA Acting City Manager KF /r 78 January 6 2010 Mayor Ivan Court and Members of Common Council Subject: RETIREMENT ON THE ORDER OF COUNCIL RECOMMENDATION: Res ectfully submitted, EPORT TO CO Ni v N CO UN CI Woods ACTING CITY MANAGER 79 This is to advise that the Board of Trustees of the City of Saint John have advised the City that after having followed all appropriate processes the following resolution was adopted. City of Saint John RESOLVED that the recommendation of LifeMark regarding Disability Pension under the Heart and Lung Act Applicant 4250, which states that: "based on our review of all the medical and vocational evidence available, it is our professional opinion that: The member is unfit to carry on his employment within the Saint John Fire Department as a result of affects of a myocardial infarction. This impairment fails within the prescribed conditions of Section 1 of the Heart and Lung Act" be accepted. In calculation of the employee's entitlement, a portion comes directly from the pension fund provided that he meets the necessary criteria. The portion of his entitlement from the Pension Plan is governed by Section 12(1) of the Plan which states "A member is eligible for a reduced pension if: a. He has not reached the age of 65 b. His age plus years of service is not 85 or greater c. He is within 10 years of normal retirement on the order of Council (in other words he is less than 55 years old and Council approves his retirement). This particular employee has 25.99 years of service but has not reached the age of 55. In other words, in order for the Pension Plan to pay its portion of his entitlement Council is required to adopt the following resolution. Be it resolved that employee #4250 be retired on the Order of Council as per Section 12(1)(d) of the City of Saint John Pension Act. NEFFEITIRMITEIF sm1(11soau 111111111111111111.1111111111 '111111 11111M 111111111 1 1 1 7 4q 1 ,1 ,A AAAAAAA,A, ,,n" 11 1 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCLAMATION WHEREAS: the effects of heart disease and stroke are responsible for widespread suffering and create serious hardship in our community; and WHEREAS: the Heart and Stroke Foundation of New Brunswick is taking positive action to reduce disability and death from heart and stroke disease through: 1. a planned, priority research program 2. an accelerated public and professional heart health promotion program; and WHEREAS: the Heart and Stroke Foundation of New Brunswick's Annual Person-to-Person Campaign is being conducted during the month of February 2010. NOW THEREFORE: 1, Mayor Ivan Court, of Saint John do hereby proclaim the month of February 2010 as Heart Month in Saint John and urge all citizens to cooperate in the Heart Fund Drive and all civic, social and fraternal organizations and business establishments to give this campaign the greatest possible support. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 80 www.saintjohn.ca 111111 1,1 4 111 11111 1 11 1111111111111111111111H AA,11111,1,111,1,111,1111111111,1,1111111,1,111,11,1,0111111111111111 omiliii11(1111111111111111111111111i1111 C.P. 1971 Saint John, N.-B. Canada E2L 4L1 Application for a Zoning By -law Amendment Demande de modification a 1'arrete sur le zonage Applicant Related Information Renseignements sur le demandenr Name of Applicant Nom du demandeur Address Adresse S cr. .AS P{ N Q -f 81 Lb. Mailing Address of applicant Addresse postale du demandeur S M Mn•TElt A4E n1 v w y w P uK. J Postal Code Code postal E s N G32. Telephone Number Numero de t&phone Q- c 6 3 z 45'44 Home Domicile 5 pM s work Travail CELL 6`17275 S Fax limber Noma de teieoopieur .5P0-16. Name of Property Owner (if diffezent) Nom du prvprietaire (si different) 2 i L \tat. �IZ 1J T+; it rt �swC Postal Code Code postal w, F. Property Information Renseignements sur la propriety 4lousti ooW BoSS Location Emplacement 4- _�Gw a T. 1-111". 5 5". 0 9 0 Civic it/ No de voirie Street Rne pID NIP Lot Area Superficie du lot 43 t Street Frontage Facade sur rue Bo 3 Existing Use of Property Utilisation actuclle de la propriete v R r aq M �7 anp ar M€ a r �4 L(), 4 Municipal Plan land Use Designation Designation de utilization des terns sur le plan municipal LOW t k\S cTy 5 i DE N t l A L Amendment Requested Modification demandee Presrai Zoning Zonage actuel N O Change Zoning to Modification du zonage and/or ou El Text Amendment (indicate particulars) Modification due texte (indiquez les details) T t ��t+i ]y1,e% 4 T; -r0 Development Proposal Proposition d'amenagement Description of Proposal Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plea must show the dimensions of the property, the location of all buildngs, driveways, parking areas, landscaping and signs. It is important that the distance between the properly boundary and buildings we shown. 1 i ill 1:a 1h1S`Ya'�ti+)14 1)c.10{ Signature of Applicant 1 Signature do de S400 Application Fee Enclosed/ Ci -joint les frais de demande de 400 S If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature due peopri a (s'0 y a lien) Date: Vous devez fournir un plan du site a Pechelle ill ustrant vote proposition. Vous pouv,ez egalement fournir des photographies, des plans de bailment, des dessins de plan d'elMvatian et toute autre forme de renseignement Le plan dolt indiquer les dimensions de la prvpriit& !'emplacement de la totalite des bailments, des allies, des acres de stationnement des amenagements paysagers et des panneaux de signalisation. IT est important d'indiquer la distance enire les limiter de la propriete et les bailments. provide reasons why these amendments should be approved Fournir tout autre renseignemem conarmmt votre proposition qui pouaait etre approavdes. I AirF rwt A, 9. •vR ow�t�sNP is orze c -rte r lJ a 0. (le OSNIAL &lao Ca +.4,.. aza=;) 2 s ATE R, (•Sw F- lAx£4 Qts.sco va Provide any other information about your proposal that would be helpful. Fourmr tout mire seaseignement ooh votre proposition qui pomrait etre utile. Date Si vous n'etes pas le proprietaire du terrain en question, veuillez obtenir la signature du propriitaire darts la parfie ci- dessous. La signature du propridtaire autorisant le traitement de la presente demmxk pour que cette derriere soit examinee par le Conseil communal. r�h�h t C A 82 Tools Orsriew Gee Per fik 2mn in o ek Zean cut 4 Zoom be* ti) Point Select :J Box select amter Seleetion X Clear Selection WhMh Map Locator Mac Map layers r.%! Cadestrel Topegreohk Legend Options selection Summery 4 pap Zoom Factor 2 '.III�I 21.7am Ica; s, 4 Jew( !%So mefric t Z00'd Le6T Ze9 905 Houle 0 Search Menu ,i f ME RI tei I 1/ Alf 8411 Ler RA0 003;70 55 I 0/01 r 'Fl J 'c'i c Lor 1 P.io. SSoZo943 A z7. 7o mt r !Help Proaleen Report /0.3, doc 4009 -7 .54-da. I A 3 4 /f17 c+*oTK ts.25 ox, d I ►►nS or$ i OEPrH 2�•�orr. P l pA0. ;e■e•aj guuaa■r4 C4 c This map is a graphical representation of property boundaries which approxlmaas the spa, aeolguraeon and location Or [removes. It is net a boundary survey and is not intended to be used For legal descriptions Or to calculate emd aimeeions er area. Let: 45- 17-17.3N Laee.c 68-02 6468.$ -06.55W some: m 25386 .v: 738$116.428 I C 1 Property found PIC n(17tROSS PAN ;41797 owner G1aspy Bros. General cmnpaclied Ltd. Location 34 lean Street r 3 S"IYNO I SS do2id T/T: Z T 600 Z -0 T -AON Tools a. canter 0 Zaem in blares Out ,J Q. Zoom Saes V Point Select Bo= Select Can Saleetion pair Selection la Refresh Map Lealttor Map Map Layers Cadastral Topopraphk Tol lapend Options a Selection Summary Map Zoom Factor 2 1 4 31 1 £00'd rarao t �M This map II* graphical representation of property boundaries which approximates dr. WC, aonegurapon and loarbon of propmlles. R Is not s boundary survey and Is not Intended to be used rer legal dceriptions or to calculate abet dlmenclons or Brea, Lit.: 45- 17- 16.16N tow a 66-02 -1146W se: 1202 1 Property Found P10 55020903 PAN 1541202. LEST 3C9 909 Mane w r tT4 Starch Nano Owner Waspy Bros. General Contracting Ltd. locetlen 34. lean Street TF 04 Pt d_ 00 3/06 Cr 15.35 2a. 24 1. Help Problem Report (3 pi ti'vescs..ISO4 1 -a x: 2536362.023 r :7365380.759 1 forig N r 4 S'IVHO I SS3,302id XVW3H ',I:3 T 6003-0T -AON For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account 71206 Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Reference: 34 -36 Jean Street Proposed Zoning ByLaw Amendment Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): Tuesday, December 22, 2009 Tuesday, January 12, 2010 SJTJ Independent Placement SJTJ Classifieds Sub- Headline (if applicable): Text: City of Saint John INTERNAL INSERTION ORDER Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: General Notice Tender Proposal Public Notice INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 85 PROPOSED ZONING BY -LAW AMENDMENT RE: 34 -36 JEAN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 18, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as PID Nos. 00318055 and 55020903, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. REASON FOR CHANGE: To recognize an existing four family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 86 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 34 -36, RUE JEAN Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante it I'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 18 janvier 2010 a 19 h Rezonage dune parcelle de terrain d'une superficie d'environ 850 metres canes, situee au 34 -36, rue Jean, et portant les NID 00318055 et 55020903, de zone residentielle habitations unifamiliales et bifamiliales «R -2» a zone residentielle habitations de quatre logements «R -4». RAISON DE LA MODIFICATION: Reconnaitre l'utilisation perrnise d'un edifice a quatre logements existant. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a I'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a ]'attention du soussigne I'hotel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 N ,,i AT ION I O,'; Off' SAINT JO 4 I1'JFt3RMA.TI(JN THE CITY OF SAINT JOHN. PUBLIC NOTICE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 18, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as PID Nos. 00318055 and 55020903, from "R -2" One and Two Family Residential to "R-4" Four Family Residential. REASON FOR CHANGE: To recognize an existing four family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 AVIS PUBLIC IR() DE IVI(M11 Ti 0 'A k 4 "r" E SUR LE A(' F C B 1E 34-36, RUE JEAN Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a l'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 18 janvier 2010 a 19 h Rezonage d'une parcelle de terrain d'une superficie d'environ 850 metres canes, situee au 34 -36, rue Jean, et portant les NID 00318055 et 55020903, de zone residentielle habitations unifamiliales et bifamiliales «R -2» a zone residentielle habitations de quatre logements «R-4». RAISON DE LA MODIFICATION: Reconnaitre l'utilisation permise d'un edifice a quatre logements existant. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a l'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a l'attention du soussigne l'hotel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 87 BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 850 square metres, located at 34-36 Jean Street, also identified as ND numbers 00318055 and 55020903, from "R-2 One and Two Family Residential to R-4" Four Family Residential all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Coinmon Seal of the said City to be affixed to this by-law the day of A.D. 2010 and signed by: First Reading Second Reading Third Reading Mayor/Maire ARRETE N C.P. 110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit L'arrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifte par 1 La modification de l'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier Ea designation pour une parcelle de terrain d'une superficie d'environ 850 metres carres, situee au 34- 36, rue Jean, et portant les NID 00318055 et 55020903, de zone residentielle habitations unifamiliales et bifamiliales «R-2> a zone residentielle habitations de quatre logements «R-4» toutes les modifications sont indiquees sur le plan ci-joint et font partie du present an EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes Common Clerk/Greffiere communale Premiere lecture Deuxieme lecture Troisieme lecture January 12, 2010 Your Worship and Councillors: SUBJECT: Rezoning Application 34 -36 Jean Street On December 21, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 12, 2010 meeting. Mr. Larry Glaspy, President of Glaspy Bros Ltd., appeared to speak in support of the application and indicated that he was in agreement with the recommendation set out in the attached report. No one appeared to speak in support of or in opposition to the application, and no letters were received by the Committee. The Committee discussed the possibility that the subject site, which is made up of two separate lots, could be sold individually. As this would result in the parking area being separated from the four unit dwelling, the Committee recommended a Section 39 condition to prevent the use of the subject lots for anything other than that currently proposed. Mr. Glaspy indicated that he was not opposed to the recommended condition. After considering the attached report and the recommended Section 39 condition, the Committee adopted the recommendation as set out below. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as being PID Numbers 00318055 and 55020903, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as being PID Numbers 00318055 and 55020903, be limited to a four unit dwelling and associated parking and amenity spaces. Respectfully submitted, Carl Killen Chairman 89 SH Project No. 09 --451 90 DATE: JANUARY 8, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 12, 2010 Jody Kliffer Planner SUBJECT: Name of Applicant: Glaspy Bros Ltd. Name of Owner: Glaspy Bros Ltd. Location: 34 -36 Jean Street PID: 00318055 55020903 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential Proposal: To rezone an existing four -unit dwelling. Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, January 18, 2010. 91 Glaspy Bros Ltd. 34 -36 Jean Street STAFF RECOMMENDATION TO COMMITTEE: INPUT FROM OTHER SOURCES: Maritimes Northeast Pipeline has no concerns with this application. ANALYSIS: Site and Neighbourhood History of the Use of the Property Proposal 92 Page 2 January 8, 2009 That Common Council rezone a parcel of land with an area of approximately 850 square metres, located at 34 -36 Jean Street, also identified as being PID Numbers 00318055 55020903, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. Municipal Operations and Engineering has no concern with this application as there appears to be no planned changes to the site. Buildings and Inspection Services has noted that a change of use permit should be obtained, which will allow the Building and Inspection Services office to inspect the property for life safety issues at that time. The subject site is located on Jean Street, between Graham Street and Courtenay Avenue, in East Saint John. This is a residential area largely populated by one and two unit dwellings, although this area of the East Side is interspersed with the occasional three and four -unit dwelling. Many of the dwellings located in the vicinity of the subject site were constructed in the 1940s, however, Service New Brunswick records indicate that the subject dwelling was constructed in 1928. The two -story building at 34 -36 Jean Street contains four rental units. The adjacent driveway and approximate 135 square metre parking area can comfortably satisfy the five parking spaces required by the Zoning By -law. The site and building appear fairly well maintained. Properties in the vicinity of the subject site contain similar buildings, predominantly one or two unit dwellings. The Planning and Development Department's files do not contain any information to indicate when the building on the site became a four family dwelling. It appears likely that the subject building has been used as a four -unit rental dwelling for a number of years. According to the present owner, the building has been in the family for a number of years and has been used as a four family unit since it was built. The present owner is in the process of selling the property and, as a result of a recent request for confirmation of the zoning, the conflict between the use and the present zoning came to light. The Glaspy Bros Ltd. 34 -36 Jean Street Proposed Rezoning CONCLUSION: JK Project No. 09-451 93 Page 3 January 8, 2009 present owner has now submitted an application to rezone the site from the present "R -2" One and Two Family Residential zone to the "R -4" Four Family Residential zone, which recognizes the existing use as a four- family dwelling. While most of the houses in the neighbourhood are either one family or two family dwellings, there are a few multi -unit dwellings. The legal status of these multi -unit dwellings, which are also mostly zoned "R -2" One and Two Family Residential, is probably the same as the subject. None of these dwellings appear particularly out of place in the overall neighbourhood context. The existence of a four -unit dwelling, which has apparently existed for several years, with no record of any formal complaints, suggests that the use of the property has not caused any major land use conflicts in the neighbourhood. The existing use of the building appears to fit in with the overall neighbourhood. Approval of the proposed rezoning can be recommended on the basis that the four -unit dwelling has existed for some time with few or no apparent problems and with no known complaints. Additionally, the use of the property is similar to several properties in this area of the East Side of Saint John and the building and property are large enough to accommodate the four -unit dwelling. Approval for the rezoning of the property at 34 -36 Jean Street from "R -2" One and Two Family Residential to "R -4" Four Family Residential is recommended. x PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT Subject Site /site en question: Location: 34 -36 Jean Street Date: December 17 2009 Scale /ochelle: Not to scale /Pas a rechelle 94 PID(s) /NIP(s): 00318055 55020903 21-1 in !1 t ior IUD. 5510 z o 9A3 4 f Sir e -Pii.A 1 r 1 Application for a Zoning By -law Amendment Demande de modification a Partite sur le zonage Applicant Related information Renseignements sur le demandear Name of Applicant 1 Nom do demandeur 5 4 �o h Mail. g Address of applicant Addresse postale do demand= m` E. tV nuw PA K. tA Telephone Nmnber Nmneto de telephone 212 4-544 Home Domicile 5 kV1 Work Travail CELL 7- 2? 55 Fax Nmnber Natneav de teiecopieur SA .n E. Name of Property Owner (if different) Nom do praprietaire (si different) Address Adresse Property Information Renseignements sur la propriete v,t.ta se' s SS a2 i3� 00344143 Location Emplacement 1 17 4 -r AN. co '-r S So 7;7 iS 5 4 5 Civic No de voirie Street Rue PID 1 NIP I 22_1.. k Lot Area 1 Superfic ie du lot ti z z.Z. i Street Frontage Facade mime *Z..4- w," 0s- 22i...0- k Ex g Use of Property Utilisation actuelle de la propriete C K tit ∎tz1 k.'2 -Ks vt F a1 1 u ►1. a t r4 C, Municipal Plan land Use Damon Designation de utilization des tares sur le plan nnmicipal LAW Dl~rVS n "P l~S 1/41:5G 4.37 I P`L- Amendment Requested Modification demandee Present Zoning Zonage acme' Change Zoning to Modification du zonage a andlor au Te t Amendmem (indicate particulars) Modification due torte (indiquez les details) 4CA tS Z. Zi z P.,ao \-V1/44, �fl� �R �P�v.�M£•� U 7 1t10t- p,vlc, �.r F 3U��t�, a� �s �a Ow e 1 t E LP, s P ,.s P? et Pt 1 LA/ l9 5 3 (L. 0 to WW. SE c &e...S. USE o c -T-R‘ 96 Postal Code Code postal E r*t bV L Postal Code 1 Code postal r• T� Development Proposal Proposition d'amenagement Description of Proposal 1 Description de la proposition You must provide a scaled site plan that illustrates your proposal You may also provide photographs, building plan elevation drawings acrd aryother form ofinformation. The plan must show the dimensions of the property, the location of all buildngs, driveways, parkng areas, landscaping and signs It is important that the distance between the property boundary and buildings are shown. Provide reasons why these amendments should be approved. Fournir tout autre reoseigaement concern= votre proposition qui powmii etre awrouvees. 1NSt T�cas R��r6R °QfRC'� \\SC \\.3 C 4aR R Z a �4N (Is\ r1 s 11e. ck L sis,ou+.Q 2 V., S< 1 2 YgaoL T ova �eFakc ��aKS is ae- kk-t. t,Jni- oa4.) 2.) 01 1 2 [>J k wEQ��s tt5� a o oa T see k?n ai €a t U w»“ S Provid+e any other information about yaw proposal that would be helpful. Fournir out antic renseignement concern= votre proposition qui ponurait eve uNe. Signature of Applicant 1 Signature du demand= 0 $400 Application Fee Enclosed 1 Ci joint les frail de demande de 400 If yrnu are not the owner of the land in question please have the owner sign below The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature dire proptietain (s'd y a lieu) Vous devez fournir un plan chi site a !'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de beiiment, des dessins de plan d'elevvatian et route mare forme de renseignemeni Le plan dolt indiquer les dimensions de la propriete, ?emplacement de la totalire des bailments des allies, des aires de stationnement; des amEnagements paysagers et des panneaur de signaluation. Il est important d:indiquer la distance entre les limites de la propriete et les bailments Date Si vows n'etes pas le proprietaire du terrain en question, veuillez obienir la signature du propri @faire dans la partie ci-dessous. La signature du proprietaire autorisant le traitemeent de la presente demande pour que cette derriere soil exmainee par le Conseil communal. 97 Tools Overview t,' Canter z Zoom In `-C ZOOM M it i ZOOM bOz Pont Select J CI' Box Sweet Cantor Selection 5 1 4 agar Sele lion Refresh Map Locator Map Mot) Layers Colostral Topoprephit Legend Optic is a Seim:bon Summary Hap Zoom Factor Nome This mop a pmphIcal representation Of property bourdanei votich ap _..:..._.b -i the size, confi9uretion arid location or properties. a ID not a CounCia Y survey and Is not Intended to be used for level des r ptions Or to {al k Wato vxart dw+ons4ns ar area. r: 2 Lat.: 45 17 01.09N u60'44 60'44 66 sear i 147 x: 2536 rs36697.6 5 7364917.166 I Cant 1 Property found P10 55f72Th66 PAN t WIR75 Owner Glaspy Bros. General ContJa'Ctine Ltd. r f7 .cJ t'o 1. _00 ao 9- aailm 27, 4 3,n ujiarik E.41 J —1'— 1 1 l P�V rb. 9 tA S5Ot786 L, 0o3#4i4 _1 T LJ -530 2.7 641 5 r rrd 4w.•a 1 D� �cr MC‘ t t t_ ?00'd L66T 389 909 Seardt Menu A C W Help Af roIt atmfn id e�l uWo:�u�mm ��iT t.oCation 172 Beacon Street b6 -7 1C.1-41 004 41-72-1714174 %S1VN0ISS3d0u XY14 9T :ZT 6003- 0T -A0N T0O1s Overview 1 o r Zaem Q in J `-t Zoom Out J Q Zoom Deal Point Select .1 M Boa Select Canter Selection X dear Selection la Refresh Map LOator Map !Yla Layers Cadastral E Topographic Legend i a Selection Summary This map Is a graphical representatlon of property boundaries Much approximates the sae, configuration and location or properties. II is net a boundary Map survey and Is not Intended tc be used for legal drgriplians or m maculate seas dimdlslons a area. IT 52W seal= 1147 x 2536798.773 r 7 364979.788 Zoom Factor 2 w 45 1 7-03.1N B6-01 -51. 4 OA 500`d LE6T ZE9 90S Nome Search Menu help Problem Repots 1 Property found Pto 40344143 PAN 1560675 Owner Glaspy Bros. General Contracting Lid, Location 172 Beacon Street z �5pf�iOx d lnnQtNS 44 roh� 19J m DE N 2.1. X03 �1r �9 T '2 7 4'74 r YNOJSS3302id XYWSU 9T ZT 600Z —OT —AON 900'd 7V.L01 Tools a Center fi Zoom in Zoom out J Q Zoom ens J t Point Select "1 C2 lore Select C enter selection G ear Selection Refresh map Locator Meta Map layers Cadastrel Topographic iE Legend Options a Selection Summary a Map Zoom Factor 2 900'd 45-17-02.55N tone. 66- 01-55.5W sc.kg 1147 1 Property found PLO 557.55 8 PAN 1 i fnP75 Owner Glaspy Bros. General Contracting Ltd. LE6T EE9 909 Home Search Menu Mete r FilYNOISSUOIld 10114311 Problem Report This irwp rs o graphical representation or property boundaries Wrilcb approximates the arse, configuration ord lomt'On of prtrperpea. It is note beundwy survey and Is not intended to be used for iagat desaapponr. or to olcufate =act dimensions or area. cA I �tCYti 8 r.. ApQ( d,w.«.stoa s eGPSH 63 a6 x 2536712.387 r. 7354962767 1 Location 172 Beacon Sheet GT:7T Fnn7- cat -nnla 1 i72 n 0-T7g ct For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account 71206) Contact: Elizabeth Gormley Phone: (506) 658 -2862 Special Instructions if any): Reference: 172 -176 Beacon Street Newspaper SJTJ Independent Placement SJTJ Classifieds Sub Headline (if applicable): Text: City of Saint John INTERNAL INSERTION ORDER Fax: (506) 67442111 Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): Tuesday, December 22, 2009 Tuesday, January 12, 2010 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: General Notice Tender Proposal Public Notice INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 101 PROPOSED ZONING BY -LAW AMENDMENT RE: 172 -176 BEACON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 18, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 690 square metres, located at 172 -176 Beacon Street, also identified as PID Nos. 55027858, 00344143 and 55027866, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. REASON FOR CHANGE: To recognize an existing three family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. 658 -2862 102 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 172 -176, RUE BEACON Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'arrete sur le nonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la saile du conseil le lundi 18 janvier 2010 a 19 h Rezonage dune parceile de terrain d'une superficie d'environ 690 metres canes, situee au 172 -176, rue Beacon, et portant les NID 55027858, 00344143 et 55027866, de zone residentielle habitations unifamiliales et bifamiliales «R -2» a zone residentielle habitations de quatre logements «R -4» RAISON DE LA MODIFICATION: Reconnaitre ('utilisation pennise d'un edifice a trois logements existant. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a ('hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a ('attention du soussigne l'hotel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere communale 658 -2862 THE CITY OF SAINT ,J N INFORMATION THE C OF SAINT JOH1V. PUBLIC NOTICE R01 I :I (NIN(:; -L. A NIENE \TENT RF: 172-176 BEAC )N S 'RELI Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 18, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 690 square metres, located at 172 -176 Beacon Street, also identified as PID Nos. 55027858, 00344143 and 55027866, from "R -2" One and Two Family Residential to "R-4" Four Family Residential. REASON FOR CHANGE: To recognize an existing three family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N,B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 103 AVIS PUBLIC PRO 11 DE MODIF1 t A SUR I Y(IIN A I BJET: 172 -7, RUE lEAC N� Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 18 janvier 2010 a 19 h Rezonage d'une parcelle de terrain d'une superficie d'environ 690 metres canes, situee au 172 -176, rue Beacon, et portant les NID 55027858, 00344143 et 55027866, de zone residentielle habitations unifamiliales et bifamiliales «R -2» a zone residentielle habitations de quatre logements «R-4» RAISON DE LA MODIFICATION: Reconnaitre l'utilisation permise d'un edifice a trois logements existant. Toute personne interessee peat examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a l'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a l'attention du soussigne a ]'hotel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 2884637 cohr BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 690 square metres, located at 172-176 Beacon Street, also identified as PID numbers 55027858, 00344143 and 55027866, from "R-2" One and Two Family Residential to "R-4" Four Family Residential all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of A.D. 2010 and signed by: First Reading Second Reading Third Reading Mayor/Maire ARRETE N C.P. 110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du consei] communal, The City of Saint John a decrete ce qui suit L'arrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifte par 1 La modification de l'annexe «A», Plan de zonage de The City of Saint John, pemiettant de modifier la designation pour une parcelle de terrain dune superficie d'environ 690 metres carres, situ& au 172- 176, rue Beacon. et portant les NID 55027858, 00344143 et 55027866, de zone residentielle habitations unifamiliales et bifamiliales «R-2» a zone residentielle habitations de quatre logements «R-4» toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes Common Clerk/Greffiere communale Premiere lecture Deuxieme lecture Troisieme lecture January 12, 2010 Your Worship and Councillors: SUBJECT: Rezoning Application 172 -176 Beacon Street On December 21, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 12, 2010 meeting. Mr. Larry Glaspy, President of Glaspy Bros Ltd., appeared to speak on behalf of the application and indicated that he was in agreement with the recommendation set out in the attached report. No one appeared to speak in support of or in opposition to the application, and no letters were received by the Committee. After considering the attached report and Mr. Glaspy's presentation, the Committee adopted the recommendation as set out below. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 690 square metres, located at 172 -176 Beacon Street, also identified as being PID Numbers 55027866, 00344143, and 55027858, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. Respectfully submitted, Carl Killen Chairman SH Project No. 09-453 That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 690 square metres, located at 172 -176 Beacon Street, also identified as being PID Numbers 55027866, 00344143, and 55027858, be subject to the condition that the use of the property is limited to a maximum of three dwelling units. 105 DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: JURISDICTION OF COMMITTEE: JANUARY 8, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF JANUARY 12, 2010 Rezoning Jody Kliffer Planner Glaspy Bros. Ltd. Glaspy Bros. Ltd. 172 176 Beacon Street 55027866, 00344143 55027858 Low Density Residential Existing: "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential To rezone an existing three -unit dwelling. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, January 18, 2010. 106 Glaspy Bros. Ltd. 172, 174, 176 Beacon Street STAFF RECOMMENDATION TO COMMITTEE: Page 2 January 8, 2010 1. That Common Council rezone a parcel of land with an area of approximately 690 square metres, located at 172 176 Beacon Street, also identified as being PID Numbers 55027866, 00344143, 55027858, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 690 square metres, located at 172, 174 176 Beacon Street, also identified as being PID Numbers 55027866, 00344143, 55027858, be subject to the condition that the use of the property is limited to a maximum of three dwelling units. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no concern with this application as there appears to be no planned changes to the site. Buildings and Inspection Services has noted that a change of use permit should be obtained, which will allow the Building and Inspection Services office to inspect the property for life safety issues at that time. Maritimes Northeast Pipeline has no concerns with this application. ANALYSIS: Site and Neighbourhood The subject site is located on Beacon Street, between Alma Street East and Belmont Street, in East Saint John. This is a residential area largely populated by one and two unit dwellings, although interspersed with a variety of buildings that contain a greater number of units. The site is situated in an older neighbourhood with many buildings, including the subject dwelling, pre- dating the War. The subject site appears typical of several others in the immediate neighbourhood, being a three -level structure with a driveway to the side. The building contains three dwelling units, one on each level. The driveway extends for approximately 24 metres (79 feet) from the curb to the side of the house, providing ample space for the required parking space. The site and building appear fairly well maintained. Properties in the vicinity of the subject site contain similar buildings, predominantly one or two unit dwellings. History of the Use of the Property The Planning and Development Department's files do not contain any information to indicate when the building on the site became a three family dwelling. It appears likely that the subject building has been used as a three -unit rental dwelling for a number of years. According to the present owner, the building has been in the family for a number of years and has been used as a three family unit since it was built. 107 Glaspy Bros. Ltd. 172, 174, 176 Beacon Street Proposal The present owner is in the process of selling the property and, as a result of a recent request for confirmation of the zoning, the conflict between the use and the present zoning came to light. The present owner has now submitted an application to rezone the site from the present "R -2" One and Two Family Residential zone to a zone that recognizes the existing use as a three family dwelling. The City's Zoning By -law does not have an "R -3" zone category; therefore an "R -4" Four Family Residential zoning is being proposed. However, Common Council may limit the use to a three family dwelling as a condition of the rezoning pursuant to Section 39 of the Coinnni»itt' Planning Act, if it decides to approve the application. Proposed Rezoning As noted above, the subject neighbourhood contains several buildings that appear similar to the subject property. While most of the houses in the neighbourhood are either one family or two family dwellings, there are several multi -unit dwellings. These three family dwellings represent approximately one -third of all the dwellings on the street. The legal status of these multi -unit dwellings, which are also mostly zoned "R -2" One and Two Family Residential, is probably the same as the subject. None of these dwellings appear particularly out of place in the overall neighbourhood context. The existence of the third unit, apparently for several years, with no record of any formal complaints, suggests that the use of the property has not caused any major land use conflicts in the neighbourhood. CONCLUSION: Page 3 January 8, 2010 The existing use of the building appears to fit in with the overall neighbourhood. Approval of the proposed rezoning can be recommended on the basis that the third unit has existed for some time with few or no apparent problems and with no known complaints. Additionally, the use of the property is similar to several properties in this area of the East Side of Saint John and the building and property are large enough to accommodate the third unit. While rezoning to "R -4" Four Family Residential is being recommended, it is also recommended that the use be limited to a maximum of three units. JR Project No. 09 -453 108 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT Subject Site /site en question: Location: 172, 174, 176 Beacon Street Date: December 17 2009 Scale /echelle: Not to scale /Pas a I'echelle 109 PID(s) /NIP(s): 55027866, 00344143, 55027858 110V- 10-2009 12:15 REM X PRO SIQ 3$ S 3 1143 Ct.ofc itt 506 632 1937 OAP Cn rd.. 10.+411.14 %wit 7:24 i e 9.3 Text: City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 De Common Clerk's Office (Account 71206)1 Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: (506) 5''d''4 421 4 Special Instructions (if any): Public hearing Business Improvement Area Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): Tuesday, December 15th, 2009 SJTJ Independent Placement Date(s): Tuesday, December 22nd, 2009 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: General Notice Tender Proposal Public Notice Sub- Headline (if applicable): INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 BUSINESS IMPROVEMENT LEVY Public Notice is hereby given that the Common Council of The City of Saint John has been requested by the Board of Directors of Uptown Saint John Inc. and intends to consider approving a budget for the designated Business Improvement Area, at its regular meeting to be held in the Council Chamber on Monday, January 18 2010 at 7:00 p.m. The proposed budget for the Business Improvement Area is as follows: REVENUE BIA Levy Employment Grants Bad Debts Recovered Capital Interest Waterfront Dev. Events Co-operative Marketing Campaigns Miscellaneous Revenue Total Revenue EXPENDITURES Urban Design Planning Waterfront Development Marketing Environment Events Communications Annual Meeting and Awards Program Delivery Operations Non-Recoverable Total Expenditures $297,046.72 3,000.00 2,000.00 15,000.00 5,000.00 25,000.00 2.000.00 $349,046.72 $18,000.00 15,000.00 55,500.00 6,000.00 18,000.00 5,500.00 6,000.00 0 222,500.00 2.546.72 $349,046.72 The proposed levy to be imposed on non- residential property within the designated business improvement area is 16 cents per $100.00 of assessment for 2010. Pursuant to the Business Improvement Areas Act the said proposed budget shall not be approved if objections in writing are filed with the undersigned not later than January 6th, 2010 jointly or independently by one-third or more of all non- residential users or by non-residential users who would together be liable to pay one-third or more 112 TAXE SUR L'AlVIELIORATION DES AFFAIRES Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John, a la demande du conseil d'adtninistration de Uptown Saint John Inc., indique son intention d'approuver un budget pour la zone d'amelioration des affaires designee lors de la reunion ordinaire qui se tiendra le lundi 18 janvier 2010 a 19 h. Le budget propose pour la zone d'amelioration des affaires se repartit comme suit RECETTES Taxe sur la zone d'amelioration des affaires 297 046.72$ Subventions A l'emploi 3 000.00 Recouvrement de mauvaises creances 2 000.00 Participation au capital visant 15 000.00 l'amenagement riverain Evenements 5 000.00 Campagnes de mercatique symbiotique 25 000.00 Recettes diverses 2 000.00 Recettes totales 349,046.72$ DEFENSES Conception et planification urbaine Amenagement riverain Marketing Environnement Evenements Communications Assembles annuelle et prix Realisation de programmes Exploitation Depenses non recouvrables Depenses totales 18 000.00$ 15 000.00 55 500.00 6 000.00 18 000.00 5 500.00 6 000.00 0 222 500.00 2 546.72 349,046.72$ La taxe prevue sur les biens-fonds non residentiels situes dans la zone d'amelioration des affaires designee sera de 0,16 par tranche de 100 devaluation our Pan 2010. En vertu de la Loi sur les zones d'amelioration des affaires, le budget prevu ne doit pas etre approuve si des objections par ecrit sont deposees au soussigne au plus lard le 6 janvier 2010, conjointement ou independamment, par un tiers ou plus de tous les utilisateurs non residentiels ou par un groupe d'utilisateurs non residentiels qui of the amount to be raised by a levy. seraient responsables de payer un tiers ou plus du montant a prelever au moyen d'une taxe. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere eommunale 658-2862 658-2862 113 INFORMATIONm I Ft THE CITY OF SAINT JOHN '`.'ir4flo" 1 IE CITY OF SAINT 40,11-11\1 PUBLIC NOTICE 131 SINES'S I "Ik 11 N Public Notice is hereby gh en that the Common Council of The City of Saint John has been requested by the Board of Directors of Uptown Saint John Inc. and intends to consider approving a budget for the designated Business Improvement Area, at its regular meeting to be held in the Council Chamber on Monday, January I8th, 2010 al 7:00 p.m. The proposed budget for the Business improvement Area is as follows: 1ffVEN(TE BIA Levy 5297,046.72 Employment Grants 3,000.00 Bad Debts Recovered 2,000.00 Capital Interest Waterfront Dev. 15,000.00 Events 5,000.00 Co-operative Marketing Campaigns 25,000.00 Miscellaneous Revenue 2000.00 Total Realltle 5349,046.72 EXPENDITURES Urban Design and Planning Waterfront Development Marketing Environment Events Communications Annual Meeting and Awards Program Delivery Operations Non-Recoverable Total Expenditures The proposed levy to be imposed on non- residential properly within the designated business improvement area is 16 cents per 5100.00 of assessment for 2010. Pursuant to the Business Improvement Areas Act the said proposed budget shall not be approved if objections in writing are filed with the undersigned not later than January 6th, 2010 jointly or independently by one-third or more of all non users or by non- residential users who would together be liable to pay one-third or more of the amount to be raised by a levy. Elizabeth Gormley, Common Clerk 658-2862 518.000.00 15,000.00 55,500.00 6.000.00 18,000.00 5.500.00 6,000.00 0 222,500.00 51 5349,046.72 P.O. BOX C.I. 1971 SAINT JOHN NB (N.z111 EZI1 41.,,1 tvirtv..stiinly1,11111.1Lti 114 AVIS PUBLIC 1 1 %XI.. si :R 1: k"‘Ill..,1.11)111 1 111111IN 11[1:S A FM RS Par les presentes. un avis public est donne par lequel le conseil coininunal de The City of Saint John. a la demande du conseil d'administration de Uptown Saint John Inc.. indique son intention d'approuver un budget pour la zone &amelioration des affaires designee lors de la reunion ordinaire qui se tiendra lc lundi 18 janvier 2010 i 19 h. Le budget propose pour la zone d'amelioration des affaires se repartit comme suit RECETTES Taxe sur la zone &amelioration des airaires 297 046.725 Subventions a I'emploi 3 000.00 Recouvrement de mauvaises creances 2 000.00 Participation au capital visant 15 000.00 I:amenagement riverain Evenements 5 000.00 Campagnes de mercatique symbiotique 25 000.00 Recettes diverses 2 000.00 Recettes lotales 349.046.725 DEPENSE$ Conception et planification urbaine 18 000.005 Amenagement riverain 15 000.00 Marketing 55 500.00 Environnement 6 000.00 Evenernents 18 000.00 Communications 5 500.00 Assemblee annuelle et prix 6000.00 Realisation de programmes 0 Exploitation 222 500.00 Depenses non recouvrables 254A,72 Defenses totales 349,046.725 La (axe prevue sur les biens-fonds non residentiels situes dans la zone d'amelioration des affaires designee sera de 0.165 par tranche de 100 5 devaluation pour l'an 2010, En vertu de la Lai sur les zones d'amelioration des affaires, le budget prevu ne doit pas etre approtive si des objections par eerie sont deposees au soussigne au plus lard le 6 janvier 2010, conjointement ou independamment, par un tiers ou plus de bus les utilisaleurs non residentiels ou par un groupc d'utilisateurs non residentiels qui seraient respousables de payer un tiers ou plus du montant a prelever au moyen dune taxe. Elizabeth Gormley, Greffiere communale 58-2862 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de l'entente relative a 1 Applicant Related Information Renseignements sur le demandeur Name of Applicant Nom du demandeur 17' J Mailing Address of Applicant Adresse postale du demandeur Telephone Number Numbro de telephone: Home Domicile 2 7 l Work travail F Fax Number Numbro de telecopieur /5 Name of Property Owner (if different) Nom du proprietaire (si different) Postal Code Code postal Existing Resolution Resolution actuelle Date of Resolution to be Amended Date de la resolution a modifier S sc p 411 bed' 20 0 S Location Emplacement -TD Moon Ittln Vi P_tO Dr. (2%,�, 7" Location Civic No. No de voirie S treet Rue PZp NIP Applicant's Interest in Property Intel de demandeurs dan la propriete Cam' F/c What is your Proposal? En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin enti&rement cote illustrant votre proposition. (Decrire la proposition en detail) t er, P, f y-� �c C•` Th.- /(i d Postal Code Code postal A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John. Ci-joint des frais de 300 sous forme de cheque ou de mandat -poste Iibelle a l'ordre de The City of Saint John. Signature of Applicant Signature du demandeur ,/122 Date t Signature of the owner must be included. Lasignature due proprietaire doit etre incluse. Signature of Owner (if applicable) signature du proprietaire (s'iI y a lieu) Date 115 2 ACV 4.41. 0 tt ,(77- 'tt. 1 4 4.1 4/ 1 0 1 I t•Z2‘' if' e'.61 I I 4 4 1 447(r t0t .1 o i 1 i 10 l _1 Silverstone I Street .0 1...e.' r"... 1 I if Si' 1 r irtraj i;,,., r N" 1 L.... t".: 1---t 1 1 v., '1 r 1 r 1 i 11 r 1 1 .1 4 C L. 10tot 'S. 00 .0 Ass 0 Myles Drive it 1.4 Ir 54. it to s 1 poll l eult6 ai 1! 0 00 3 t sla 1, Casey Crescent 61;viin L 11114 .1 t-t4=111 ;I t t Iiit 10.1 t Alp IPTIt it 0 rest :ondominiums Forest H is Con °minium For City of Saint John use only: Budget N. ber: 110 0801 442 2010 Dena, rr ent: Common Clerk's Office (Account 71206) Contact: Elizabeth Gormley Phone: (506) 658 2862 Fax: (506) 674 -4214 Special Instructions (if any): Reference: Proposed Section 39 endment 40 Mountain View Drive (Check as applicable) (SJTJ= Saint John Telegraph Journal) Section Headline: General Notice Tender Proposal Public Notice Sub Headline (if applicable): Text: Newspaper City of Saint John INTE AL INSERTION ORDER Insertion Dates Tuesday Dec 22nd, 2009 Tuesday Jan 12` 2010 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 119 PROPOSED SECTION 39 AMENDMENT RE: 40 MOUNTAIN VIEW DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, January 18, 2010 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the September 15, 2008 rezoning of the property located at 40 Mountain View Drive, also identified as PID Nos. 00313429 and 00426452, to permit a revised proposal. [INSERT MAP] REASON FOR CHANGE: To permit the maximum number of buildings in the "RM -2" High Rise Multiple Residential portion of the site to be increased from three to four, with no increase in the total number of dwelling units. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 120 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET 40, PROMENADE MOUNTAIN VIEW Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 18 janvier 2010 a 19 h en apportant les modifications suivantes Modification des conditions imposees en vertu de l'article 39, le 15 septembre 2008, relativement au rezonage de la propriete situee au 40, promenade Mountain View, et portant les NID 00313429 et 00426452, pour permettre la presentation dune proposition revisee. [INSERER LA CARTE] RAISON DE LA MODIFICATION Permettre que le nombre maximal de batiments dans la partie du site etant une zone de tours d'habitations a logements multiples «RM -2» soit augmente de trois (3) a quatre (4), le nombre total d'unites d'habitation demeurant le meme. Toute personne interessee peut examiner la modification propos& au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a ('hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feries. Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussigne a Motel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 121 E SMNT JOH INFORMATION THE CITY OF SAINT JOHN PUBLIC NOTICE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal al its regular meeting to he held in the Council Chamber on Monday, January 18, 2010 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the September 15. 2008 rezoning of the property located at 40 Mountain View Drive. also identified as PID Nos 00313429 and 00426452. to permit a revised proposal. REASON FOR CHANGE: To permit the maximum number of buildings in the R91 -2" High Rise Multiple Residential portion of the site to be increased from three to four. with no increase in the total number of dwelling units. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Dcvelopmat. City Hall, 15 Markel Square, Saint John, N.B. hcn4ccn the hours of 8:30 a.m and 4:30 p.m Monday through Friday. inclusive, holidays excepted. Written objections w the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 122 AVIS PUBLIC 1,j1 1 1 111. N i i A DE 111 11.1 .111 1 "1 'll 'hDE Par les presentes, un avis public esi donne par lequel le conseil communal de The City of Saint John mdiquc son intention d'exammer one proposition lors de la reunion ordinaire qui se uendra dans la salle du conned le !midi 18 jaurier 2010 w 19 h en apporlant les modifications suivantcs Modification des conditions imposees en vertu de ]'article 39, le 15 seplemhre 2008, relativemenl au rezonage de la propnete situee au Oil, promenade Mountain View, el ponant les NM D 00313429 et 00426452, pour permeltre la presentation dune proposition reviser. RAISON DE LA MODIFICATION Pcrmcttre que le nomhre maximal de batiments dans la panic du site elan( une zone de tours d'habitations a togcments multiples ■RM -2» soil augmente de trois f; i a quatre (4), le 'timbre total d'unites d'habitation dcmeurant le meme. Toule personne interessec peut examiner la modification proposee au bureau du greffier communal ou au bureau de I'urhanisme et du dereloppement a I'h$tel de ville au 15, Market Square, Sam( John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi. sauf les jours fenes. Veuillez faire part de vas objections au projcl de modification par ecnl a l'altention du soussigne a ]'hole] de ville. Elizabeth Gormley. Grefliere communale 658-2862 C h NJ' 0111 w a„ Ell d :It I1.11.1 January 12, 2010 Your Worship and Councillors: SUBJECT: Proposed Section 39 Amendment and Subdivision 40 Mountain View Drive On December 21, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its January 12, 2010 meeting. Mr. Scott Darling, representing North Star Holdings Inc., appeared to speak on behalf of the application and indicated that he was in agreement with the recommendations set out in the attached report. Mr. Darling indicated that, aside from the proposed change in the number of buildings, the original intent of the development remained the same. He also indicated that the developer would find a new name for Cooper Court as recommended. Norm Murray of 144 Carlile Crescent and Sharon Fournier of 2 Westbrook Avenue spoke in opposition to several aspects of the overall development, including the number of proposed dwelling units, drainage concerns, and the lack of connectivity in the street network. The Chairman advised that these issues were not part of the current application, as the Section 39 amendment only proposed a change in the total number of buildings on the site. In response to Ms. Fournier's concern regarding the lack of street connectivity, staff indicated that the proposed street configuration conformed to the Section 39 conditions previously imposed upon the site as well as the consensus reached by the developer and the surrounding ratepayer's associations. Mr. Don Watson appeared on behalf of the ratepayer's associations in the area, and indicated that the requested change in the number of buildings was not a concern provided that the proposed streets were not connected to Westbrook Avenue or Garnett Road and provided that all other Section 39 conditions were met by the developer. The Committee also received the attached five letters regarding the application. After considering the attached report and presentations, and following considerable discussion regarding the limited nature of the current application, the Committee adopted the recommendation as set out below. The Committee also denied the proposed name Cooper Court as recommended. 123 RECOMMENDATION: A. That Common Council amend the Section 39 conditions imposed on the September 15, 2008 rezoning of the property located at 40 Mountain View Drive, also identified as PID Nos. 00313429 and 00426452, to read as follows: 1. The development and use of the parcel of land rezoned to "RM -2" High Rise Multiple Residential, located on the north side of proposed Cooper Court (to be renamed), with an area of approximately 2.4 hectares, being proposed Lot 08 -1, also identified as being portions of PID Nos. 313429 and 426452, is subject to the following terms and conditions: a) The use of Lot 08 -1 is limited to a maximum of four separate buildings containing a total maximum of 167 dwelling units and maximum height of four storeys, together with associated amenity areas and parking facilities; b) The developer must design and implement a detailed site drainage plan/brief, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled; c) The developer must complete an engineering water and sewer analysis in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed current capacity of existing systems; d) The developer must provide a traffic study demonstrating that the existing street network can accommodate the volume of traffic anticipated as a result of the development, or appropriate infrastructure improvements be implemented at the expense of the developer to the satisfaction of the Chief City Engineer or his designate; e) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; f) The developer must provide all utilities underground on the site g) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways and parking areas; h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, 124 loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; i) The approved plans mentioned in conditions (b) and (h) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation; J All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site and the landscaping must be completed within one year of building permit approval; k) All vehicular access to Lot 08 -01 shall be oriented exclusively toward Mountain View Drive and not toward Garnett Road. The development and use of the parcel of land rezoned to "R -2" One and Two Family Residential, located on the south side of proposed Cooper Court (to be renamed), with an area of approximately 3.2 hectares, also identified as being portions of PID Nos. 313429 and 426452, is subject to the following terms and conditions: a) The developer and subsequent lot owners of Lots 3 -B, 4 -B, 5 -B and 6- B must provide and maintain landscaping and /or wood fencing along the rear lot lines of proposed Lots 3 -B, 4 -B, 5 -B and 6 -B where they abut the lots at 9 and 12 Westbrook Avenue, except that, if fencing is provided, such fencing will be located on the Westbrook Avenue properties and the property- owners of the lots at 9 and 12 Westbrook Avenue (Lots 6 and 9) will be responsible for all maintenance and future capital costs of the fence following installation by the developer; b) The developer and subsequent lot owners of Lots 1 -B, 2 -B and 3 -B must provide and maintain an earthen berm, together with landscaping on top of the berm resulting in a total combined height of 1.8 metres (6 feet) minimum, along the southern boundary of the three lots, from Mountain View Drive to the southwestern corner of the lot at 9 Westbrook Avenue; c) The facilities required in conditions (a) and (b) above shall be completed and maintained in accordance with detailed plans to be prepared by the proponent and subject to the approval of the Development Officer, and all work must be completed within one year of the approval of a building permit for the applicable lots. B. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Forest Hills Estates Subdivision Phase 4, located at 40 Mountain View Drive (PID Nos. 00313429 and 00426452), with respect to the vesting of the proposed public 125 C. That Common Council authorize the preparation and execution of one or more City /developer subdivision agreements to ensure the provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Respectfully submitted, Carl Killen Chairman SH -4- streets, Land for Public Purposes (LPP) dedication and to any required municipal services or public utility easements. Project No. 10 -01 126 DATE: JANUARY 8, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 12, 2010 SUBJECT: Name of Applicant: North Star Holdings Ltd. Name of Owner: North Star Holdings Ltd. Location: 40 Mountain View Drive PID: 00313429 and 00426452 Municipal Plan: Low Density Residential Zoning: "RM -2" High Rise Multiple Residential and "R -2" One and Two Family Residential. Proposal: Sarah Herring, MCIP, RPP Planner To permit the maximum number of buildings in the "RM -2" High Rise Multiple Residential portion of the site to be increased from three to four, with no increase in the total number of dwelling units and to approve the proposed subdivision plan. Type of Application: Section 39 Amendment and Subdivision. 127 North Star Holdings Ltd. 4() Mountain View Drive JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee's recommendation at a Public Hearing on Monday, January 18, 2010. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City /Developer Subdivision Agreements. STAFF RECOMMENDATION TO COMMITTEE: Page 2 January 8, 2010 A. That Common Council amend the Section 39 conditions imposed on the September 15, 2008 rezoning of the property located at 40 Mountain View Drive, also identified as PID Nos. 00313429 and 00426452, to read as follows: 1. The development and use of the parcel of land rezoned to "RM -2" High Rise Multiple Residential, located on the north side of proposed Cooper Court (to be renamed), with an area of approximately 2.4 hectares, being proposed Lot 08 -1, also identified as being portions of PID Nos. 313429 and 426452, is subject to the following terms and conditions: a) The use of Lot 08 -1 is limited to a maximum of four separate buildings containing a total maximum of 167 dwelling units and maximum height of four storeys, together with associated amenity areas and parking facilities; b) The developer must design and implement a detailed site drainage plan/brief, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled; c) The developer must complete an engineering water and sewer analysis in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed current capacity of existing systems; d) The developer must provide a traffic study demonstrating that the existing street network can accommodate the volume of traffic anticipated as a result of the development, or appropriate infrastructure improvements be implemented at the expense of the developer to the satisfaction of the Chief City Engineer or his designate; e) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; 128 North Star Holdings Ltd. 40 Mountain View Drive f) The developer must provide all utilities underground on the site g) Page 3 January 8, 2010 The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways and parking areas; h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; i) The approved plans mentioned in conditions (b) and (h) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation; j All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site and the landscaping must be completed within one year of building permit approval; k) All vehicular access to Lot 08 -01 shall be oriented exclusively toward Mountain View Drive and not toward Garnett Road. The development and use of the parcel of land rezoned to "R -2" One and Two Family Residential, located on the south side of proposed Cooper Court (to be renamed), with an area of approximately 3.2 hectares, also identified as being portions of PID Nos. 313429 and 426452, is subject to the following terms and conditions: a) The developer and subsequent lot owners of Lots 3 -B, 4 -B, 5 -B and 6 -B must provide and maintain landscaping and /or wood fencing along the rear lot lines of proposed Lots 3 -B, 4 -B, 5 -B and 6 -B where they abut the lots at 9 and 12 Westbrook Avenue, except that, if fencing is provided, such fencing will be located on the Westbrook Avenue properties and the property owners of the lots at 9 and 12 Westbrook Avenue (Lots 6 and 9) will be responsible for all maintenance and future capital costs of the fence following installation by the developer; b) The developer and subsequent lot owners of Lots 1 -B, 2 -B and 3 -B must provide and maintain an earthen berm, together with landscaping on top of the berm resulting in a total combined height of 1.8 metres (6 feet) minimum, along the southern boundary of the three lots, from Mountain View Drive to the southwestern corner of the lot at 9 Westbrook Avenue; c) The facilities required in conditions (a) and (b) above shall be completed and maintained in accordance with detailed plans to be prepared by the proponent and subject to the approval of the Development Officer, and all work must be completed within one year of the approval of a building permit for the applicable lots. 129 North Star Holdings Ltd. 40 Mountain View Drive B. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Forest Hills Estates Subdivision Phase 4, located at 40 Mountain View Drive (PID Nos. 00313429 and 00426452), with respect to the vesting of the proposed public streets, Land for Public Purposes (LPP) dedication and to any required municipal services or public utility easements. C. That Common Council authorize the preparation and execution of one or more City /developer subdivision agreements to ensure the provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. D. That the Planning Advisory Committee NOT approve the name Cooper Court. BACKGROUND: Page 4 January 8, 2010 On July 29, 2008 the Planning Advisory Committee considered an application to undertake a residential subdivision development consisting of two family dwellings and multiple -unit condominium apartment buildings at 40 Mountain View Drive. This proposal required a rezoning from "RS -2" One and Two Family Suburban Residential to "RM -2" High Rise Multiple Residential and "R -2" One and Two Family Residential as well as approval of a dwelling group as a conditional use, subdivision and variances to increase the maximum permitted number of driveways onto the proposed Colter Street'. Staff recommended approval of the proposed development with a number of conditions. The Planning Advisory Committee recommended approval of the rezoning with the conditions recommended by staff, but also included recommendations that all vehicular access to proposed Lot 08- 1 be oriented exclusively toward Mountain View Drive rather than Garnett Road and that Third Reading be withheld until such time as a traffic study was completed Due to concerns regarding the proposed streets and connection of the development to Westbrook Avenue and Garnett Road, the Committee recommended that Council not approve the proposed Forest Hills Estates Subdivision, Phase 4 Subdivision Plan. At the same meeting, the Committee approved the name Colter Street, imposed no additional terms or conditions upon the development of a dwelling group on the subject site and granted the requested variance to permit proposed Lot 08 -1 to have three driveways onto the proposed Colter Street. At the Public Hearing of August 5, 2008 Common Council tabled the proposed rezoning until August 18, 2008 so that staff could arrange a meeting between the applicant, North Star Holdings Ltd. represented by Bob Darling, and the two ratepayer's associations in the surrounding area. Staff facilitated a meeting with the ratepayer's associations and the developer on August 12, 2008 and a draft consensus emerged at the conclusion of the meeting. After meeting with their membership on August 14, 2008, the ratepayer's associations provided the Commissioner of Planning and Development with written acknowledgement of their agreement with the following consensus position: It should be noted that Colter Street on the 2008 plan is now proposed to be named Cooper Street on the present proposal. However, the name Colter Street will be retained for another street in the development. 130 North Star Holdings Ltd. 4() Mountain View Drive Page 5 January 8, 2010 A revised developer proposal will be provided showing the following: No change to any of the zoning lines. No connection front the proposed Colter Street to Garnett Road. No connection jronl Westbrook Avenue to Mountain Z Tell' Drive. No connectlon Drive to Colter Street. In place of the extension of Westbrook Avenue, a new street will extend from Colter Street south and then west to Aountain View Drive. The land fronting on this street will he rezoned to R2 with this proposal by the parties acknowledge the developer 's intent to seek rezoning of this property to accommodate future townhouse development. Colter Street will extend east from Mountain T iew Drive and terminate in a cul de sac east of the proposed development. All other elements of the proposal are to be carried forny'ard from the proposal originally submitted rezoning including the specific construction proposed. The developer will provide the following buffering and landscaping: Appropriate landscaping and or wood fencing will be provided adjacent to lots 6 and 9 Westbrook Avenue (civic nos. 9 and 12). If fencing is provided, it will be located 011 the Westbrook Avenue properties and those property owners will be responsible for all maintenance and future capital costs. The southern boundary of the subject property from Mountain View Drive to the southwestern corner of the property' at 9 Westbrook Avenue (abutting the northern boundary of Scottish Enterprises Limited and Loch Lomond Holdings Limited) will he landscaped with an earthen berm and landscaping on top of the berm. All landscaping and buffering plans shall be subject to the approval 01 the Development Officer of the City of Saint.Iohn. The parties acknowledge that the City of Saint John has not formally reviewed this revised proposal and it has not been referred to other agencies for comment. City staff will provide a pr( recommendation to Council 011 the revised proposal after° concluding this review which may or may not support the revised application. A subsequent report from the Commissioner of Planning and Development to Common Council noted that staff had not had adequate time to refer the revised proposal to Municipal Operations and Engineering. The report also noted that Planning staff were concerned with the lack of street connectivity proposed as a result of the above -noted consensus, but were prepared to recommend that the proposed by -laws be given First and Second Reading provided that a further report was provided to Council at the time of Third Reading including comments from Municipal Operations and Engineering and any necessary revisions to the recommended Section 39 Conditions to reflect the amended development proposal. Further, the Commissioner's report also recommended that Council not require the traffic study be completed prior to consideration of Third Reading (as had been recommended by the Planning Advisory Committee) given that the revised proposal accessed the development only via Mountain View Drive and not via any local street. At their meeting of August 18, 2008 Common Council gave First and Second Reading to the proposed rezoning of 40 Mountain View Drive from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -2" High Rise Multiple Residential. 131 North Star Holdings Ltd. 4() Mountain View Drive Page 6 January 8, 2010 The promised follow -up report was submitted to Common Council by the Commissioner of Planning and Development on September 11, 2008. The report noted the following necessary minor revisions to the proposed plan: a) The new street, extending from Colter Street south and then west to Mountain View Drive, cannot be named Westbrook Avenue. A new, distinct street name will be necessary. The alignment of the intersection of this new street with Mountain View Drive should also be adjusted slightly so that it is at a right angle, similar to the Mountain View Drive Colter Street intersection. b) Additional municipal services easements should be provided from the end of the Colter Street cul -de -sac towards Lot 72 -4 (as shown); from between Lot 2 -C and Lot 1 -C to Myles Drive, and from Lot 2 -C to Garnett Road. c) From the municipal services easements proposed between Lot 4 -B and Lot 3 -B, the mains should be connected with the existing Westbrook Avenue. The report also recommended that Third Reading be given to the proposed rezoning subject to the following Section 39 conditions: 1. The development and use of the parcel of land rezoned to "RM -2" High Rise Multiple Residential, located on the north side of proposed Colter Street, with an area of approximately 2.4 hectares, being proposed Lot 08 -1, also identified as being portions of PID Nos. 313429 and 426452, is subject to the following terms and conditions: a) The use of Lot 08 -1 is limited to a maximum of three separate buildings containing a total maximum of 168 dwelling units and maximum height of four storeys, together with associated amenity areas and parking facilities; b) The developer must design and implement a detailed site drainage plan/brief, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled; c) The developer must complete an engineering water and sewer analysis in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed current capacity of existing systems; d) The developer must provide a traffic study demonstrating that the existing street network can accommodate the volume of traffic anticipated as a result of the development, or appropriate infrastructure improvements be implemented at the expense of the developer to the satisfaction of the Chief City Engineer or his designate; e) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; f) The developer must provide all utilities underground on the site 132 North Star Holdings Ltd. 4() Mountain View Drive 2. g) Page 7 January 8, 2010 The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways and parking areas; h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; i) The approved plans mentioned in conditions (b) and (h) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation; j All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site and the landscaping must be completed within one year of building permit approval; k) All vehicular access to Lot 08 -01 shall be oriented exclusively toward Mountain View Drive and not toward Garnett Road. The development and use of the parcel of land rezoned to "R -2" One and Two Family Residential, located on the south side of proposed Colter Street, with an area of approximately 3.2 hectares, also identified as being portions of PID Nos. 313429 and 426452, is subject to the following terms and conditions: a) The developer and subsequent lot owners of Lots 3 -B, 4 -B, 5 -B and 6 -B must provide and maintain landscaping and /or wood fencing along the rear lot lines of proposed Lots 3 -B, 4 -B, 5 -B and 6 -B where they abut the lots at 9 and 12 Westbrook Avenue, except that, if fencing is provided, such fencing will be located on the Westbrook Avenue properties and the property- owners of Lots 6 and 9 [i.e. the lots at 9 and 12 Westbrook Avenue] will be responsible for all maintenance and future capital costs of the fence following installation by the developer; b) The developer and subsequent lot owners of Lots 1 -B, 2 -B and 3 -B must provide and maintain an earthen berm, together with landscaping on top of the berm resulting in a total combined height of 1.8 metres (6 feet) minimum, along the southern boundary of the three lots, from Mountain View Drive to the southwestern corner of the lot at 9 Westbrook Avenue; c) The facilities required in conditions (a) and (b) above shall be completed and maintained in accordance with detailed plans to be prepared by the proponent and subject to the approval of the Development Officer, and all work must be completed within one year of the approval of a building permit for the applicable lots. On September 15, 2008 Common Council gave Third Reading to the proposed rezoning at 40 Mountain View Drive, with a number of the Section 39 conditions recommended in the aforementioned September 11, 2008 report. Regrettably, the second section of these recommendations governing the use and 133 North Star Holdings Ltd. 4() Mountain View Drive Page 8 January 8, 2010 development of the "R -2" One and Two Family Residential section of the proposal was accidentally not included in the minutes of the meeting and as a result was not registered with the rezoning on September 29, 2008. The recommendation in this report includes all of the conditions that were intended to be included in the original resolution. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the same comments as were given for the original application in 2008: Detailed engineering drawings must be submitted to the City. The water requirements for this proposed development will have to be fed from the existing Cottage Hill Zone. Capacity and fire flow requirements will have to be verified once a detailed submission is provided by the developer's engineering consultant. Currently the City is reviewing this system and will be able to provide more information once it is determined by the developer what the requirements will be for this development. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from this proposed development. Once this information is provided, the City can confirm if the capacity is available. Water connections for this proposed development would be from the 250mm diameter high pressure water main on Mountain View Drive. Any new water mains installed must be interconnected with existing to make sure that there are no dead -ended water mains. The developer must provide a site drainage plan indicating how storm water collection and disposal will be handled. An engineering water and sewer analysis must be completed in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. Upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must be submitted prior to determining this. Currently there are other significant developments proposed in this area and all are adding to the existing water and sewer system and subsequent capacity issues. The current Cottage Hill Zone (water) requires some upgrades and is currently being studied by a consultant retained by the City. Until completion of the study, it is uncertain as to what required upgrades are necessary and how it may impact this subdivision. Additionally, wastewater flows generated by this development would need to be reviewed to determine if the existing station(s) to determine if the existing pumping station(s) is capable of handling the additional capacity that this type of development would generate. As well, sewer system upgrades in this area may be required. This would have to be identified and if upgrades are required to handle the capacities generated, this must be completed prior to the addition of any flows. The City is 134 North Star Holdings Ltd. 4() Mountain View Drive Enbridge Gas NB has been advised of this application. ANALYSIS: Subiect Site and Neighbourhood Proposal 135 Page 9 January 8, 2010 currently reviewing these systems but will require detailed engineering plans to determine how and where sewage is to be collected and transported. All grades for water and sewer systems must be verified by the developer's engineering consultant. Buildings and Inspection Services has no concerns at this point. Saint John Fire Department has been advised of this application. Saint John Transit presently offers service along Mountain View Drive. Leisure Services has been advised of this application. Saint John Energy has overhead facilities on Mountain View Drive that can be used to extend overhead or underground facilities to service the proposed development. Aliant has been advised of this application. Rogers has been advised of this application. Maritimes Northeast Pipeline advises that the proposed development will not be near Maritimes and Northeast or Brunswick Pipeline facilities. The subject site consists of two large undeveloped parcels of land on the east side of Mountain View Drive in the Forest Hills area of East Saint John. The site has a total area of approximately 5.6 hectares (13.8 acres) and extends from Mountain View Drive easterly to Garnett Road. To the south of the site are the Highmeadow Park and Silver Falls residential areas, consisting of townhouses and single family dwellings, respectively. The land to the north of the site, extending approximately kilometre to the original section of Forest Hills subdivision, is undeveloped and designated for future residential development. The land on the west side of Mountain View Drive opposite the subject site includes newer homes on Carlile Crescent and Casey Crescent, as well as the recently developed Canada Revenue offices at the intersection of Mountain View and McAllister Drives. As noted in the Background Section of this report, the subject site was rezoned from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential and "RM -2" High Rise Multiple Residential in the fall of 2008 to permit a proposed development consisting of two family dwellings and multiple residential buildings. Approval of a dwelling group with no additional terms and conditions and a variance for three driveways onto the proposed Colter Street were also approved. The North Star Holdings Ltd. 4() Mountain View Drive Page 1() January 8, 2010 subdivision associated with the proposed development was not approved at that time however, due to revisions necessary to comply with the imposed Section 39 conditions. The current application seeks to amend the Section 39 conditions imposed on the September 15, 2008 rezoning and gain approval for the attached revised subdivision plan. Condition la) of the September 15, 2008 rezoning limits the use and development of Lot 08 -1 on the subject site (zoned "RM -2" High Rise Multiple Residential) to a maximum of three separate buildings containing a total maximum of 168 dwelling units and maximum height of four storeys, together with associated amenity areas and parking facilities. The developer now intends to develop a total of four buildings, with two of these buildings containing 56 dwelling units as originally proposed, one building containing 31 dwelling units, and one building containing 23 dwelling units. The proposed substitution of two smaller buildings for one larger building would result in a net decrease of one unit from the previously approved 168 units. In addition to the requested Section 39 amendment, the proposed development also requires that: Common Council assent to the subdivision plan with respect to the proposed streets, Land for Public Purposes (LPP) dedication, and any required municipal services easements and public utility easements; Common Council authorize a City /developer subdivision agreement to ensure provision of the required street and servicing work; and Planning Advisory Committee approval of the proposed street name Cooper Court (Committee approval was already given to the name Colter Street during the original application in 2008). Proposed Section 39 Amendment Approval has already been given for the subject site to contain three four storey multiple residential buildings with a total of 168 dwelling units. As noted, the developer now intends to divide one of the proposed 56 dwelling unit buildings into two smaller buildings, one containing 31 dwelling units and the other containing 23 dwelling units. The proposed buildings would be designed and constructed as shown on the attached building elevations in keeping with the previously proposed 56 unit buildings. The parking and amenity areas required for the proposed 168 unit development have also been approved, subject to a detailed site plan prepared by the developer for the approval of the Development Officer. The attached site plan shows a revised site and parking layout in response to the proposed change in building configurations. This revised layout satisfies the requirements of the Zoning By -law in terms of minimum parking and amenity space, and also alleviates previously noted staff concerns regarding the monotony of three large, similar buildings with three long, uninterrupted rows of parking. Proposed Subdivision As noted in the Background section of this report, the consensus reached by the neighbouring ratepayer's associations and the developer, as well as the Section 39 conditions adopted by Common Council restrict the orientation of all vehicular traffic to Lot 08 -1 (the proposed site of the multiple residential buildings) to Mountain View Drive and not Garnett Road. The attached subdivision plan 136 North Star Holdings Ltd. 4() Mountain View Drive Page 11 January 8, 2010 satisfies this requirement as there is no connection between the proposed Colter Street and Cooper Court and the existing Garnett Road or Myles Drive. The revised plan also satisfies the revisions noted by the Commissioner of Planning and Development in his report to Common Council of September 11, 2008. Specifically, the alignment of the Colter Street Mountain View Drive intersection has been realigned to a right angle, additional municipal services easements have been provided from the end of the proposed Cooper Court cul -de -sac to Myles Drive and Garnett Road, and the mains on Colter Street have been connected with those on Westbrook Avenue. As noted, the proposed name "Colter Street" has already been approved by the Planning Advisory Committee. The proposed name "Cooper Court" has been reviewed by staff and is considered to be too similar in sound and spelling to existing street names in the region. Therefore, the proposed street name cannot be approved. The developer has been notified of this and will propose another street name which will be brought back to the Committee at a later date. The proposed streets must be constructed with an asphalt surface, concrete sidewalk and curbing, and underground public utilities and full municipal servicing (water, sewer and storm). The developer is also required to verify that the existing municipal services can accommodate the proposed development and detailed plans in this respect must be submitted for the approval of the Chief City Engineer. The proposed Land for Public Purposes includes a 2,740 square metre parcel on the south side of Cooper Court (to be renamed), as well as a series of one -metre -wide strips along Mountain View Drive. The large parcel will provide a buffer between the existing lots on Westbrook Avenue and the proposed multiple residential buildings, while the one -metre strips will prevent individual properties from having direct driveway access onto Mountain View Drive. The total dedication of approximately 2979 square metres (0.74 acres) with the current phase of development, in addition to the LPP already dedicated during Phases 1 through 3 of the Forest Hills Estates subdivision satisfies the Subdivision By -law's LPP requirement with approximately 690 square metres (7,427 square feet) credit for future phases of development. CONCLUSION: The proposed amendment to permit four multiple -unit buildings with the same total number of dwelling units (and thus parking spaces and required amenity space) as previously proposed in three multiple -unit buildings is not expected to have any greater impact that the previously approved proposal and may, in fact, provide a greater degree of visual interest on the subject site. The proposed subdivision plan satisfies the requirements of the Subdivision By -law, the previously imposed Section 39 conditions and the terms of the consensus reached by the developer and the surrounding ratepayer's associations with regard to street connectivity and servicing. As a result, the requested amendment and subdivision are supported subject to the conditions noted in the staff recommendation. The required approvals are also detailed in the recommendations to the Committee and Common Council. SH Project No. 111 -111 137 1 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT .i .1 .1 _I I I I .1 1 4 1 s A. Wen lake Rd R 2 l.. 1. J j- Subject Site /site en question: Location: 40, promenade Mountain View Drive Date: December 22 decembre 2009 Scale /echelle: Not to scale /Pas a Pechelle Lynn Av. R -2 138 i PID(s) /NIP(s): 00313429 00426452 s,�„4t *�4► I SPverstone Street Myles Drive 4 6£L iE 4i pvo8 lewoo PE B s 91'J a, +IV1D PE it kw"; t T r rs Casey Crescent If k WAN WG ■11 3 a, 2 /I O 70 ?5/ Forest Condominiums a ifesty e of convenience. 3 If FIT ley t lb 41 1:41t to 3 du Si t 1 ,r ►q 11 t 'St 1. r tusas�� /aso� f 1 '^uv Ma. ,r1 t+roiunoyY 142 y w �1 L 14LQ sa!dpl .04.11$ 1 4 •1 t1 4 A 0 J "7 4.1 0 Z s Ci s e 0 Planning Advisory Committee City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Dear Sir /Madame: RE: Proposed Section 39 Amenc an tvi5ion Proposal 40 Currently there is an existing 15" Storm Sewer which ends near the west side of our property, then crosses the corner of our property by ditch, and flows across the area proposed for semi detached dwellings by way of a natural drainage course to a culvert on Mountain View Drive. The surface drainage of our lot, as well as our footing drain flows to this swale. When this drainage course is disturbed by the construction of the proposed dwellings, an alternate method of controlling surface water as well as the storm sewer must be constructed. (See sketch attached). The revised Subdivision Tentative Plan does not provide for any municipal services easements from the west end of Westbrook Avenue to allow for construction and maintenance of a storm water design to address the handling of the existing system. We would like to be assured, any easements required as part of the necessary storm water system will be addressed prior to this application or the Final Subdivision Plan approval. Sincerely yours, A2licaiefe John D. McAuley /De h L. McAuley JDM:dlm Attachment 12 Westbrook Avenue Saint John, NB E2J 3B2 Tel: (506) 696 -6161 January 1, 2010 Mountain Drive 144 w c d lip Myles Drive 9171. wawa Herrin, Sarah From: Sharon Fournier [sharonl @nbnet.nb.ca] Sent: Tuesday, January 12, 2010 6:16 AM To: Herring, Sarah Subject: 40 Mountainview Drive To whom it may concern: Planning Advisory Committee Common Council Regarding the proposed devlopment of 40 Mountain View Drive. Please consider my comments to the best of you ability. Thank you, Sharon and Larry Fournier 2 Westbrook Ave Saint John, NB E2J 3B2 sharonl nbnet.nb.ca 1 146 We reside at 2 Westbrook Avenue and would like to take this opportunity to express our concerns regarding the proposed development. We are very concerned about the possibility of this large development causing reduced water pressure to our home, We lost some water pressure when the new City Works Department went in on McAllister Drive. Are there any guarantees that this will not cause flooding to our basement? We have never had any problems but given the lay of the land and seeing the large streams of water flowing through the woods and down McAllister Drive we are concerned. Connectivity is an obvious problem. Why is it so important for these 2 neighbours to be separated? Please look at a map of our city and tell me how you think I will walk to the mall from my home. Currently we walk the paths through the woods. The same way residents have been doing since the 1970's. Many students from Simonds Hlgh School cut through our neighborhood to get to the mall and to Forest Hills. If you live in the proposed condos of the new development how will you walk to Simonds Hlgh, or the Vine, or catch the Champlain Express bus and Loch Lomond Bus'. The bus stop for these superior routes is at the corner of Silverstone Street and Loch Lomond Road. Please get out a map and take a good look. Better yet come by to the neighbor and walk for yourself. If my sister lives in Forest Hills and I live at 2 Westbrook Ave how would you suggest I walk or bicycle to her home. On November 24th I had to call 911 for my husband and it was a 10 to 15 minute wait. I want my neighborhood to be as accessible as possible. I don't want to be fenced off like a gated community. 101- 09 -'10 10:34 FROM Full Gospel Assembly 506- 633 4958 January 8, 2008 Planning Advisory Committee City of Saint John, Planning and Development PO Box 1971 Saint John, NB E2L 41.1 Gentlemen: a. b. c. d. e. f. Sincerely Yoy Norman W, murravdwc .roeers.com 696-2338 147 T -395 P002 003 F -185 JAI L SAI Subject: Pronosed Section 39 Amendment and Revised Subdivision Pron so140 Mountain View Drive Project 10 -001 As a neighbor at 144 Carlile Crescent, i strongly opose the approval of this subdivision, Here are my reasons. 1, As a resident of Carlile Crescent, here are the facts, I trust that you will see the magnitude of this project in comparison of what originally put in place. a. Carlile Casey Crescents contain 78 homes, proposed development contains 168 homes b. Carlile Casey Crescents operate with approximately 142 cars, proposed development contains 255 parking spaces c. Physically, the proposed development is about 70% of the size of Carlile Casey Crescents, yet the proposed development is planned for 215% of the number of dwellings in Carlile Casey. 2. When we built in this area, almost 5 years ago, we did so because of the single family environment. If I had known that we would be living in a rezoned RM -2 High Rise, I would have chosen a different area. 3. I look at the properties in the remaining and surrounding area zoned as R -2, It looks like we could be inundated with a major amount of growth, Will we as neighbours have to defend our position each time this occurs? 4. The city is in no way prepared for the amount of traffic and population that could spring from this proposed development, and further development would only make matters worse. I cite the following. Mountain View Drive was never intended to be a major area of subdivisions and that is why the road has only been paved to a minimum standard. There are NO sidewalks. There are NO curbs. Storm drains have never been installed, and the open ditches are a hazard to both pedestrians and automobiles. In fact, I predict that spring drainage this year, even before expansion of the proposed property, will probably cause a complete break through of water at the rear of my home and therefore flood the city's garage lot, which is directly behind my home. Are you ready for this? There are NO traffic lights at the Mountain View and McAllister intersection. If residents are endangering their lives at this point and are waiting in line, can you imagine an additional 168 families (255 cars) trying to do the same? (This is only the tip of the iceberg if further development takes place.) Has the city done any type of to determine if 168 new dwellings in this area are needed and certainly marketable? I am, in no way opposed to improved housing in the SaintJohn area, but in this particular case I see the element of greed in the eyes of both the developer and the city just how many homes can you get in how little of a space. To maintain my theory and opposition to the proposed plan and yet provide some support for the developer, I have taken the time to sketch and attach an alternative plan, containing 68 garden homes, similar to the Casey Crescent development. This 1 feel would be in more keeping to the area in general. 01-n-'10 10:34 FROM-Full Gospel Assembly 506-633-4958 T-395 P003/003 P-185 148 Herrin, Sarah From: External Planning Sent: Monday, January 11, 2010 8:57 AM To: Herring, Sarah Subject: FW: Your meeting with North Star Holdings Ltd. on January 12, 2010 From bonner@consultant.com [mailto:bonner @consultant.comj Sent: Sunday, January 10, 2010 6:15 PM To: External Planning Subject: Your meeting with North Star Holdings Ltd. on January 12, 2010 I am a member of the Myles Subdivision Ratepayers Assoc and was just reviewing the proposed amendment by North Star. I do have some concerns and would appreciate those being addressed at the meeting that myself and other members will be attending. I am curious if the proposed buildings will be used for low income housing subsidized by the Provincial Government? Are the Darlings receiving grant money from the Provincial Government and then taking the money the city has offered them? Also, if this is the case have the citizens who purchased homes from Darling across the street been advised of this. There is no mention as to the type of rental being built, whether they will be under his management or put up for sale and whether or not they will be low income housing, being subsidized. Again as I assumed the last time we dealt with him, he was not building condos, he was building apartments and this appears correct. Darling needs to clarify what he is building....condos (politically correct word) for sale or apartments for rent. What about the water supply? Will this and other proposed construction not affect the water supply for this area? Maybe we should not be allowing this development, but more business development which creates jobs and less strain on the water supply. It also appears the public access area is being reduced by 1000 square metres. Why would this be allowed or even considered? There is no mention of Silverstone St. staying closed as it was suppose to be. Also, it was brought to my attention a resident on Westbrook was offered $20,000. for a right of way and I am curious why this was needed? They do not live far from the end of Silverstone St. I asked Ken Forrest about this but I got an email from him stating it was not the city's concern. It was between Darling and the resident. HUH? If these units are to be apartments to be rented and not condos to be sold there is a chance traffic woes will be even greater due to a larger number of people living in these units. McAllister is already congested at suppertime now so what happens with this construction of apartments. Also were the residents of Mountain Road notified as we know this road will be used as a short cut to Mountain View? Again, I still think there are questions that need to be answered and I will await the replies at the meeting on January 12, 2010. Respectfully, Darlene T. Bonner 8 Silverstone St. 1 149 January 10, 2010, To the Planning Advisory Committee: Re: Proposed Section 39 Amendment Revised Subdivision Proposal 40 Mountain View Drive We have lived at 14 Silverstone Street since 1992. During the summer of 2008 we went through the original rezoning of 40 Mountain View Drive. At the end of the process when third reading was given we still had some concerns but we were very pleased that the end result was that Westbrook Avenue, Myles Drive and Garnett Road would remain closed to through traffic from the new development. With the proposed amendment we do still have a concern with regards to our existing water and sewerage infrastructure. Most of the homes in our area are over fifty years old. The new development is going to be connected to our existing lines. When this is complete will we have problems in our area with water quality, water pressure or sewerage problems? Currently after a heavy rain the back part of our property collects a lot of water from the neighboring properties, is this situation going to get worse with this new development? We understand that the developer must complete an engineering water and sewer analysis. We hope that at the end of this process measures are taken so that our existing lines will not be adversely affected. We are wondering about the wording in the amendment. During the original rezoning, the development was always referred to as being condominiums but in the letter we received regarding this amendment it states "mix of two family dwellings and apartment buildings Are these building now rental properties? In closing we appreciate the time that you've taken to read our letter. We are not opposed to the City of Saint John wanting development in our city. We just want to insure that our existing subdivision is not affected in a negative way by the new construction. Sincerely yours, Robert and Nicole Knox 14 Silverstone Street Saint John, NB 150 From: Barrie &/or Peggy Rigby [mailto:brigby@nbnet.nb.ca] Sent: Tuesday, January 12, 2010 7:25 PM To: External Common Clerk Subject: Re: Proposed Section 39 Amendment re 40 Mountain View Drive Elizabeth Gormley, Common Clerk of the City of Saint John, City Hall January 12, 2010 Dear Ms. Gormley: With respect to this development, I have 4 concerns: 1. When checking re the construction on the other side of Mountain View Drive, I was told by the planning department that construction on the side concerning this amendment would require the addition of a new water tower to maintain water pressure. I believe that the beginning of excavation for that tower began opposite Taylor College but has gone no further. 2. Mountain View Drive between Mountain Road and McAllister Drive needs to be upgraded to full street status with sidewalks as part of any further construction of housing. 3. Lights are required now at the intersection of Mountain View Drive and McAllister Drive as it is very difficult now at busy times to turn left from Mountain View Drive onto McAllister Drive. I realize it is close to the lights at the intersection of McAllister Drive and Loch Lomond Road but having on-demand lights that turn green when traffic warrants it for the turn indicated above would make the intersection much safer. When the building indicated in the amendment is completed such lights would need to be normal and not on-demand. 4. If traffic from these buildings is to be routed onto Mountain View Drive, it should be regulated by a 4-way stop intersection or on-demand lights. Yours sincerely, Barrie Rigby, a Forest Hills resident at 2450 Candace St. SAINT JOHN, NB E2J 2Z7 633-0547 151 I am completely in favour of the revisions that have been done in relation to this new housing development. This revision will keep the neighbourhood streets from becoming a short cut for traffic wariting to avoid the traffic lights. This development can only but help to increase the value of our property and make it a better place to live and therefore am in complete fovour of it being given approval. However! There is one matter that I feel must given immodiate attention and that is the placirig of a set of traffic Iights at the intersection of Mountain View Drive and McAllister Drive, Please do not wait until someone is killed at this intersection! Of all the traffic lights that have been placed around the city in the last couple of years this intersection has been completely ignored. have not personally seen any bad accidents at this intersection but I have seen several close calls and I have had one myself. There is a lot more traffic on this road now with the building of the subdivision that I live in as well as the new government call center and as well as the workers and trucks from this new development when it starts. Please have the city take immediate action on this issue before someone is killed or seriously injured. would appreciate very much some feed back on this issue. Yours truly, Paul Pare 135 Carlile Crescent 2 152 The City of Saint John Mayor and Council January13, 2010 Re: Traffic Signaling Device Sandy Point Road Citizens of this area have recently contacted me to request action on a traffic signaling device for the Foster Thurston and Sandy Point Road Intersection (near the Cherry Brook Zoo). was reminded that this was an ssue raised at a town hall meeting. The intersection experences heavy traffic to ard from the hospital and University and is further complicated by a rock outcrop which reduces sight lines for vehicles entering that intersection Motion: Refer to the City Manager for a recommendation on traffic signaling Stephen Chase (received by e-mail) Deputy Mayor SAINT JOHN PO. Box l97 Saint John NB Canada E2L 4L1 www.saintjohn.ca 153 C.P. 1971 Saint John, N.-B. Canada E2L 4L1 The City of Saint John January 14, 2010 Your Worship and members of Council Re: Police Commission 2011 Budget During our budget deliberations (2010), the Acting City Manager directed our attention to the costs associated with the Fire Service and the need to review and control (a spending cap of 1% for the 201 1 budget was proposed). With this background, 1 propose the following motion: The Police Commission be directed to submit recommendations to Council on or before June 7, 2010 with options /consequences for such a reduction in 2011. Respectfully submitted, Chris Titus Councillor —City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada F2L 4L1 I vnwtiusaintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 154 The City of Saint John Januaryl4, 2010 Your Worship and members of Council Re: Fire Department 2011 Budget During our budget deliberations (2010), the Acting City Manager directed our attention to the costs associated with the Fire Service and the need to review and control (a spending cap of I% for the 2011 budget was proposed). With this background, 1 propose the following motion: The Fire Chief be directed to submit recommendations to Council on or before June 7, 2010 with options /consequences for such a reduction in 2011. Respectfully submitted, Chris Titus Councillor —City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 vw w.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 155 The City of Saint John January 18, 2010 Vour Worship Mayor Ivan Court Members ofCommon Council: Issue: Vacant Property 130-134 Milford Road Context: This property is an urban eyesore. Motion: That the Acting City Manager report back to Council in twa weeks' time regarding the removal of the vacant property Iocated at 130-134 MiI'forcl Road. Respectfully submitted, Peter McGuire Councillor —City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21 4L1 156 oa��nhn.ca [.R 197l Saint John N.-B. Canada E2L 4L1 The City of Sahit John January 18, 2010 Your Worship Mayor Ivan Court Members of Common Coundl: Issue: Brunswick Pipeline and Milford Community Context: A note of thanks to one of our most dedicated corporate citizens Brunswick Pipeline. Working in partnership with the citizens of Milford they recently donated 27 acres of iand to be used primarily by those living in this area for parkland enhancement. This partnership wili now expand to The City of Saint John as key City staff will assist in this parkland resource development. Motion: That this report be received and filed. Res ully submitted, 'Peter McGuire Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint lohn, NB Canada E2L 4L1 157 C.P. 1971 Saint John, N.-B. Canada E2L 4L1 The City of Saint John January 18, 2010 Your Worship Mayor Ivan Court Members of Common Council: Issue: Crescent VaIIey Neighbourhood Renewal PIan Context: In an extremely positive direction the Province of New Brunswick began a consultation process to provide internal and external supports to initiate a neighbourhood renewal plan for Crescent It should be stressed this is a neighbourhood with tremendous 'smart' growth potential. Although living with various challenges, within the last several years 'hope' has been restored to many of its citizens. The City of Saint John has played a significant role in the restoration of this growing culture of'hope.' It will be critical that the Province of New Brunswick works in close association with The City of Saint John to build and implement this comprehensive citizen-driven renewal plan. Motion: That the Acting City Manager establish a dialogue meeting for Mayor and Council with key Provincial officials who have been charged with the implementation of the Crescent Valley Neighbourhood Renewal PIan. A report back to Council in two weeks regarding this meeting is requested. Respectfully submitted, Peter McGuire Councillor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintiohn.ca 158 C.R 1971 Saint John, N.-B. Canada E2L 4L1 The city of Saint John January 18, 2010 Mayor Court and Common Council Re: Hiring Freeze Since we do not yet know the full impact of the pension obligations on the finances of the City of Saint John, 1 feel compelled to make the following motion: That The City of Saint John immediately impose a hiring freeze until we know our most prudent means forward to address our pension deficit. Respectfully Submitted (received by e-mail) Councillor Patty lliggins SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 p saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 41.1 159 The City of Saint John January 18, 2 010 Mayor Court and Common Council Re: Heritage Preservation Designation Respectfully Submitted (received by e- snail) Councillor Patty Higgins SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N. B. Canada E2L 4L1 As circumstances exist at present, 1 feel compelled to make the following motions: 1) That the City of Saint John Immediately take the necessary steps to establish Heritage Preservation designation for our buildings deserving of this status in the North of Union area 2) That the Loyalist House on the South of Union be given this same status as a Heritage Preservation site 3) That consultation begin with all owners of properties qualified for Heritage Preservation in the North of Union area regarding this positive initiative 160 The City of Saint John January 18, 2010 Mayor Court and Common Council, Re: Industrial and Business Parks Renewable Energy Whereas it is desirable to have a healthy, vibrant City as well as a healthy, sustainable economy And Industrial emissions from fossil fuels are a health hazard to our Citizenry through toxins in our air, water, and soil And Industrial emissions from fossil fuels have a negative impact on our built structures, which hold. Investment, are an economic driver, and source of great pride And The consensus amongst the vast majority is that the benefits of renewable energy far outweigh the negatives of dirty power sources, now and in the future And The Province of New Brunswick plans to sell NB Power to Quebec Hydro, resulting in huge, stable power cost savings to local Industries And Responsible economic development will help alleviate future "danger pay insurance payment increases being imposed on our people through no fault of their own. As we are aware, this scenario is about to play out, in the near future, on an unsuspecting segment of our demographic And Many highly- desirable corporations, such as Interface and Google, who understand the connections between Corporate Social Responsibility and profits, are looking to gain the benefits of a small footprint through renewable energy. This despite being power intensive industries SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 f www.saintyohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 161 And Costs for non- renewabies will rise significantly in the not- too- distant future, heavily burdening, possibly nearly crippling, those communities most heavily dependent And The level of awareness and insight among our young people has never been as high as it is now, and to their credit most seem impervious to spin These are the people we must endeavour to retain and attract. And Great expectations exist as to the future of our neighbourhoods, our Waterfront, and our City This is coupled with the untenable knowledge from peer- reviewed Studies indicating that, second only to New Orleans, The Bay of Fundy is the area most susceptible to sea -level rise, due to Climate Change, in North America. And To be ahead of the curve is a much more exciting place to be. I ask Council to consider the following motion: That The City of Saint John designate and market our Industriall and Business Parks as operating exclusively through our abundant renewable energy capabilities, thereby building an unparalleled cluster of modern knowledge industrial business opportunities in a healthy, attractive, progressive City of the 21st century. Respectfully Submitted (received by e -mail) Councillor Patty Higgins 162 January 18, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, o c4 mc EiN Re: 2010 GENERAL FUND OPERATING BUDGET INTRODUCTION: A municipal budget is meant to be a plan of action expressed in numbers. It defines the commitments and priorities of the elected Council for their community. The purpose of this report is to lay out the plan of action inherent in the attached budget documentation for 2010 and to highlight some of the issues and challenges facing the community in the months and years ahead. The framework for the 2010 budget is built around Council's stated priorities for the community and a need to strategically position the City for the future. The additional emphasis given to specific programs and services and the prioritized capital investments contained in the budget reflect these two objectives. Preparation of the budget included consideration of the results of the community survey, the points raised during the ward meetings, the input from the staff survey, and the specific council referrals during the past year Three common themes readily emerge namely; the need for improved roads, solutions to the drainage problems experienced across the community, and a desire for better recreation services. These priorities are addressed in the context of Council's expressed objective of maintaining or reducing the property tax rate during their term of office. Short-term objectives cannot be allowed to compromise the Tong -term financial position or strategic interests of the City. Positioning for the future requires a multi -year time frame as part of our financial planning and a Tong -term perspective when considering the merit of individual capital investments. This approach will help to avoid an unsustainable debt burden, prevent tax rate shock and ensure that sufficient flexibility exists in the future to respond to new challenges and take advantage of emerging opportunities. Page 1of11 163 vvvvv I II Il 11 Sound debt management, affordable wage and benefit costs, a new community plan, a focused intergovernmental relations program, a stable and sustainable tax rate and a move to a service -based budgeting approach are elements that will contribute to this objective. BUDGET IN BRIEF: The proposed 2010 General Fund operating budget totals $134,203,729 which represents a $7.3M or 5.72 percent increase over 2009. These program expenditures are funded from property taxes (78%), transfers from the Province of New Brunswick (14.5 and Non -tax revenues from fees, fines, service charges etc. (7.5 It is important to note that as the provincial transfer payments have remained at the same level for several years, the City must of necessity rely more and more on property tax revenues to fund needed services and inflationary cost increases. The proposed budget provides increased resources for contracted asphalt repairs as part of a three year program to increase funding from $2.0M per year to $3.0M per year and also includes an additional $250,000 for ongoing asphalt maintenance work. The asphalt budgets will continue to increase in future years. An amount of $756,500 is included to fund the development of a new community plan for the City. This is a legacy project that will directly influence the character and development of the community for decades to come. The Leisure services budget will increase by almost 5.0% and will allow for additional funding for neighbourhood centres, a new focus on developing green spaces and trails within the City, a larger commitment to the Pro -kids program and additional staffing for recreation programs. Programs beyond traditional municipal services are important to the overall development of the community and funds have therefore been included to; assist the Arts and Culture Board ($80,000) fund the 225 Original City project ($150,000) host the 2010 Jeux de l'Acadie ($20,000) maintain the Neighbourhood Development Program ($150,000) provide assistance to Non Profit Housing projects ($25,000) support the UNBSJ capital campaign ($200,000) assist development of the Loch Lomond Community Centre ($45,000) sustain a number of festivals (Jazz and Blues /Salty Jam $20,000, Festival de la Baie Francaise $5,000, Fundy Bay Festival $7,500, South End Days $1,000) contribute to Saint John Theater Arts ($10,000) operate the Cherry Brook Zoo ($60,000) The municipal tax rate remains at $1.785 per $100 of assessment. The rate suggested in the Provincial Government's so- called accountability mechanism is simply unattainable. Fixed costs for such items as rent for City Hall, common area charges for Market Square, charges for property assessments etc. have increased by over $1.65M alone. Contracted wage increases will absorb an additional $2.0M while pension funding obligations will take up another $563,000. CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET Page 2 of 11 164 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l 11' COUNCIL PRIORITIES: CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET The number of personnel employed by the City is a key factor in our cost of operations as well as our ability to provide quality services. The Establishment for 2010 is proposed to increase by 3 positions over 2009 from 680 to 683 (Appendix C). In one instance a contract position will be converted to a full time position at a lesser overall cost to the City and in two other instances casual administrative positions that have been in place for some time are being recognized as permanent positions. The City is also making a transition to a service based budgeting approach during 2010. A service based approach better links the resources and level of effort committed to a particular service with the outcomes actually achieved. Once fully implemented, Council will be able to make better expenditure decisions based on desired service outcomes. The attached budget documents are presented in the traditional departmental format. Detailed service based information including service delivery plans and budget allocations have been prepared for all city services and this new format will be presented to Common Council in early February to allow for a comprehensive review. Common Council has agreed upon a series of explicit priorities for the community. Some will require multi -year commitments in the capital budget (wastewater treatment) and others can be addressed more rapidly in the annual operating budgets (volunteer recognition). Included within the various departmental and service budgets is provision for a number of these initiatives. The 2010 budget is directed at making progress on four particular priorities; a new community plan, road resurfacing, improving recreation services and storm water management. Community plan development of the new community plan is a key priority that will have significant implications for the nature, location and pattern of future development in our community for years to come. This is the first year of a two year planning exercise that will involve extensive community consultation. The budget includes $756K in new funding to engage the required expertise, open a store front office, conduct the required research and undertake the community consultations. A growth strategy for the community and sub -plans for the Sandy Point Road and Fairville Blvd areas will be completed by year end. Roads street maintenance has been identified as an area of concern by the community. Council has adopted a policy goal for improving road conditions based on a target Pavement Condition Index (PCI) of 70. The policy anticipates increased efforts in localized repair, preventative maintenance and major rehabilitation or reconstruction. The budget to purchase asphalt for localized repair (safety) has been increased from $455K to $700K with a two year goal of reaching $1.0M. The budget for maintenance resurfacing asphalt purchases currently at $2.1M is being increased by $330,000 to $2.43M. This is the first step in a three year plan to achieve a funding goal of $3.1M annually by 2012. Additional funding is included in the capital budget for major street reconstruction projects. Recreation periods of restraint have meant that the resources committed to recreation and parks programs and facilities have diminished noticeably in the past decade. Council is committed to re- Page 3 of 11 165 mmmmuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu11MB POSITIONING FOR THE FUTURE: CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET investing in both infrastructure needs and improved programming. In 2010 it is anticipated that Leisure services will complete a strategic plan to guide future investments, the summer playground programs will be enhanced with particular attention given to the priority neighbourhoods, two special recognition events will be held for our community partners and volunteers, funding for Pro -kids will be increased to increase opportunities for youth to participate in activities of their choice, scheduling and maintenance of sport and recreation facilities will be revised, targeted improvements to green space including tree planting and initiation of a City wide trail network will begin. The capital budget will also include provision for renovations to the Carleton and North End Community Centre as well as improvements to Rockwood Park and Shamrock Park. Storm Water Management changing weather patterns, aging infrastructure and increased development have each contributed to a series of neighbourhood flooding issues. These floods impair property values, increase insurance claims, destroy personal belongings and impair citizen's quality of life. Council has directed that action be taken to find solutions to these flooding `hot spots'. Developing effective solutions requires careful analysis to avoid worsening a situation or just moving the problem downstream. The 2010 operating budget provides $3.4M for the ongoing storm water maintenance program across the City and the capital budget provides funding for 14 projects in the areas most affected. Departmental Initiatives in addition to meeting their day to day service objectives each departmental budget includes initiatives that will either contribute to or accomplish one or more of the full range of Council identified priorities. A brief listing is set out in the attached budget summary (Appendix 1). It is anticipated that a mid -year report card will be issued on progress and a similar report outlining achievements at year end. The policy decisions and administrative actions taken today can and will impact the future operations of the City. This budget contemplates a number of specific actions that will help to ensure that the City will have the resources to grow and prosper in the future without imposing an undue tax burden on the homeowners and businesses in our community. Spending caps the 2010 operational funding requests from the Fire and Police departments exceeded 44.4 million dollars compared to $42.2 million in 2009. Arbitrated /negotiated wage increases account for the vast majority of the additional budget requests. The rate of increase is simply unsustainable over the long -term and will compromise our ability to provide other need services if left unchecked. In fact, the rate of growth in both departments has far outstripped the rate of inflation since 2002. New approaches to service delivery must be identified and implemented. The 2010 budget reduces the fire and police departmental requests by $296,000 and $249,000 respectively for the coming year and calls for spending caps of 1% to be imposed in each of 2011 and 2012. This approach will provide each department with certainty as to future funding levels and a 12 month window to develop business plans Page 4 of 11 166 CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET to allow them to operate within these funding levels. Even at these funding levels, fully one third of the 2010 operating budget will be applied to fire and police services. The current rate of attrition /retirement in both areas should preclude the need for layoffs during this period. Given that both the Fire and Police departments will begin new rounds of collective bargaining in 2010 there is a real opportunity for the representatives of Locals 771 and 61 to demonstrate leadership in addressing the financial challenges. The cost of supporting the public transit system has also grown considerably in recent years. The 2010 budget provides an additional $994,000 in funding to subsidize operations and support new capital debt retirement. In addition, the budget contemplates a successful appeal of the property assessment on the newly constructed Transit facility. The need for public transit is real and the merit of the program is beyond question, however, the level of service provided must be commensurate with our ability to pay. It is proposed that the level of funding support in 2011 and 2012 also be capped at a 1% annual increase from the 2010 level. This will provide an opportunity for the Transit Commission to carefully evaluate routes, rates etc. during the coming year in order to adjust to the specified funding limits. Pension Reform the City as the plan sponsor has undertaken a structural review of the pension plan with Morneau Sobeco and has begun a consultation process with the beneficiaries of the plan and the Pension Board with the support of the AON consulting group. The City as the plan sponsor has a legal obligation to make the required plan contributions. The fact remains that the plan is seriously underfunded and the long -term funding requirements of the current plan cannot be met by the City without a substantial tax hike. The City has benefited from a supplementary contribution of 2 percent of salary from all employees for the past 3 years. This arrangement concludes in May 2010. The 2010 budget includes an additional $563,000 to offset the return to normal contribution levels. Based on the best current information it is estimated that the City's contribution to the pension plan would have to increase by another $10 -11M in 2010 in order to fund the going concern deficit under the current plan provisions. The 2010 budget is predicated on obtaining a one year deferral for this supplementary funding while the reform process is underway. The pension funding mechanism is complex and involves not only funding levels but also a series of long -term actuarial assumptions, investment policies, provincial and federal statutory requirements and benefit levels. The outcome of these discussions is uncertain at the moment. Simply put it would be premature to force a contribution of such a large sum to the plan, based on the current plan provisions, when the reform process should actually result in a substantially smaller amount being paid into the fund. The ability to secure a one year deferral is critical to the overall 2010 budget process. The alternative is an approximate 18 cent tax hike or a $10 -11 million reduction in services. Neither option is realistic and the severity of both consequences underscores the need for definitive action in reforming the pension Page 5 of 11 167 n1111iiiiiiiiiiii111111111111111111111111111111111111111111111111 CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET plan. That said the outcome of the pension reform discussions cannot be left to proceed indefinitely. In order for a deferral request to be given serious consideration by the regulatory authorities, it will be necessary to table a reform package with the Provincial legislature this fall. Both the pension reform process and securing the needed deferral will require the active political support of the local MLAs. Debt Management the proposed budget includes $13.1 million in annual payments to retire the City's debt obligations. The current level of debt is well within established guidelines however the current level of capital expenditure is such that it could drive these costs up significantly in future years. Money spent on debt is not available for programs and services. The 2010 plan includes the development of a revised multi -year debt management policy to determine our borrowing capacity in the next decade. This in turn will establish our ability to make needed capital investments. The demand for investments will always outstrip our ability to pay and it will be necessary to prioritize these expenditures in order to provide the greatest value to the community. Service Based Budget our citizens and ratepayer have repeatedly expressed their desire to have municipal services delivered in a more effective and efficient manner. The City has adopted an Accountability Framework that aims to create a strong focus on results. It will establish clear outcomes for all services and focus on continuous improvement and measuring and reporting on actual results. Service based budgeting is an essential component to the development and implementation of an effective accountability framework. It is an integrated annual performance plan and annual budget that shows the relationship between funding levels and expected results on a service by service basis. Performance Management inherent throughout the various program budgets is a commitment to introduce a corporate wide performance assessment system. From a human resource perspective, performance reviews will be instituted for all managers and employees during the course of 2010. From an operational perspective performance objectives and targets will be set for the key service areas and a measurement and reporting system implemented. The purpose is twofold; first to identify gaps or needed improvements in order to address them on a timely basis, second to ensure that the services we offer and the individual efforts of our employees are aligned with the City's strategic goals, objectives and priorities. Reorganization in order for the City, as a public service organization, to function efficiently and effectively we need to have a clear sense of common purpose, be properly structured and well organized and be adequately resourced with the right people with the right skill sets. The City has in the last two years developed a vision statement, established long -term goals and priorities and Common Council has since identified a series of specific actions that are to be undertaken as part of its mandate. What must be done is clear. How we are organized in order to achieve these priorities and meet our service objectives must be revisited. A number of actions are planned for the coming year to better position the City to become a high performance organization with a commitment to service excellence. The budget impact in 2010 will be insignificant however the way we do business will change as roles, responsibilities and reporting relationships are adjusted. Page 6 of 11 168 CITIZENS AND CITY HALL: CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET Intergovernmental Relations the City is in many ways not the master of its own destiny. The City derives its legislative authority from the Province, is dependent on the Province for annual funding support, must accommodate new policing or work place standards set by the Province and must adjust its capital spending priorities to align with ever changing federal /provincial infrastructure initiatives to highlight but a few areas where the relationship with the Province is critical. The City will be proactive in its approach to ensure that the needs and interests of the City of Saint John are well communicated and adequately addressed by the other levels of government. Economic Development the City invests heavily in a range of economic development initiatives. Operating funds for Enterprise Saint John, the Trade and Convention Centre, the new Destination Marketing Organization, the Waterfront Development Committee, the Regional Facilities Commission, and Saint John Industrial Parks are all part of this commitment. Enterprise Saint John is committed to developing a new multi -year strategic plan. A new municipal plan will also contribute a comprehensive policy framework to support 'good' development practices. Other City departments also have a direct responsibility to facilitate economic development activity through sound policy development and active support of various development initiatives. The City will develop a more coordinated and responsive approach to support major development projects by working with and through the various agencies already in place. Revenue Generation the City depends on property taxes as its one key source of revenue and a transfer payment from the Province as its second most important source. The limited range of revenue sources and the fact that we are vulnerable to changes in provincial policies or funding allotments makes the need for identifying and generating alternative sources of revenue a priority. A Council committee is working with the Commissioner of Finance to develop viable alternatives. This is a longer term initiative that may result in the need for changes in provincial legislation and /or forward thinking policy decisions on the part of Council. The need for new, reliable revenue sources also underscores the importance of generating new investment in the community in order to generate new wealth. The City operates to provide services to its citizens. Citizens should have a good understanding of what is being done, why it is being done and how much it is costing them. They must also have an opportunity to interact with their elected representatives and the people who administer and deliver the various services they rely upon. It is equally important that the leadership in the organization be aware of and fully understands the needs and priorities of the community. A number of initiatives that will provide opportunities for better communication between the citizens and city hall are planned for the coming year. Community Survey the City will again conduct a formal Citizen Survey at mid -year to help determine needs and priorities and to assist in assessing how well our services respond to community expectations. Page 7 of 11 169 I10000lllllllul CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET Ward Meetings meetings in each of the four wards will be scheduled for April /May to permit citizens to raise their ideas /issues /concerns directly with their ward Councillors. Senior staff will be available at these meetings to respond to immediate concerns and to take note of the various matters that are brought forward. Enhanced External Communication —the City now has a fully staffed communication unit in place. Much of the effort of this unit to date has centered on staffing, developing internal practices and procedures and providing tactical communications support to various services and events. In the coming year a greater emphasis will be placed on direct citizen /stakeholder communication. This will involve the introduction of at least three direct mailings to Citizens /Ratepayers to provide greater details on the City's Programs and Services and stronger strategic messaging on the role that the City plays in moving our community forward. New Website more and more citizens and businesses are relying on the internet as not only a source of information but also a means of transacting business. The City will be completely revamping its website to make it more informative, more interactive, more functional and more user friendly. The new website is targeted to be online by June of 2010. Customer Service the feedback we receive from citizens clearly underscores the need to improve our ability to respond to their inquiries and requests for service. This is not simply a matter of improving the way we answer telephone calls. Our Citizens want to see results from their requests. The challenge is that the City has multiple departments, operates from multiple locations, and offers dozens of programs and services making the tracking of frontline service delivery an ongoing challenge. A new customer service model will be introduced in 2010 that will ensure that requests for service are easily directed to the area of our organization where responsibility for action resides and are responded to in a timely manner. ISSUES AND UNCERTAINTY: The City operates in a dynamic political, social and economic environment. As much as plans and priorities can be laid out at the beginning of a year, rapidly changing events beyond the control of the community and just as likely new opportunities will arise that may necessitate changes in direction. Some of the more significant issues on the horizon that Council should be aware are set out below. Collective Bargaining the City will begin the collective bargaining process with three locals (CUPE Local 61, CUPE Local 18, IAFF 771) that together represent approximately 600 employees. The results of these negotiations will impact our cost structure, our ability to provide quality services, our effectiveness and our efficiency as an organization. Finding a satisfactory resolve that balances the best interests of the community with the economic interests of the respective employee groups will be a challenge. Pension Reform as noted earlier in this report the need for meaningful pension reform is absolutely essential. What form that takes is not as important as that it eliminate the financial burden on the plan sponsor i.e. the City. This is a complex issue and there are a multitude of parties that are or will be Page 8 of 11 170 hl li'� li!! ii'6ati I� involved in the reform process (employees, retirees, Pension Board, Council, MLAs, actuaries, provincial officials) and their obligations and interests are not the same. Concrete action is required and success will depend largely on determined leadership, cooperation and compromise. Provincial Funding Support the City must of necessity rely on funding support for both day to day operations and major projects. The City's ability to pursue certain capital projects will depend heavily on the Province's ability and willingness to support the various initiatives that are presented. A coordinated approach to seeking funds will be essential for success. Provincial Election a provincial election is scheduled for the fall of 2010. Regardless of the outcome, new priorities, changing policies, and new initiatives can be expected to result. These changes may present timely opportunities or new challenges for the City before the end of the year. Common Council will have a key role to play in advancing the communities interests as the election process unfolds. Human Resources the City currently employs approximately 800 people (including police). A recent review has indicated that over 125 employees will be eligible to retire within the next three years. On the one hand this presents an enormous challenge in that a range of experience and corporate knowledge will leave the organization. On the other hand, it will offer the City a real opportunity to attract new talent with different skill sets to the organization that will help us to better respond to the needs and issues of the future. A greater emphasis on human resource matters will be a necessity in the future. CONCLUSION: The 2010 budget represents a deliberate effort to address Council's identified priorities while acting in a fiscally responsible manner. The budget attempts to balance the need for investments in social, cultural, and development initiatives with the need for quality and reliable recreation, road, fire and police services. A stable tax rate, controlling future expenditure commitments, sound debt management, forward looking land use planning, and supporting good economic development are ingredients in building a positive future for our community. RECOMMENDATIONS: CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET It is recommended that Common Council approve the 2010 Operating Budget for the General Operating Fund and adopt the following resolutions; WHEREAS the base 2010 property tax rate for the City of Saint John calculated under Section 5:01(2) of the Property Tax Act is $1.7308 and, WHEREAS the 2010 revenue requirement of the City of Saint John is greater than the amount generated by this rate; Page 9 of11 171 1%1INNNnnnouuuuuuuuuuivauI NNNNNNNNUauuuuNN11, THEREFORE BE IT RESOLVED: CITY OF SAINT JOHN 2010 GENERAL FUND OPERATING BUDGET 1. That the sum of $134,203,729 be the total Operating Fund Budget of the City of Saint John for 2010 as detailed in the attached Appendix A, and, 2. That the Warrant for the City of Saint John for the year 2010 be approved in the amount of $104,621,717 and; 3. That the tax rate for the City of Saint John be $1.7850 in accordance with Subsection 5.01(3)(b) of the Real Property Tax Act, and; 4. That Common Council orders and directs the levying by the Minister of Local Government of said amount on real property liable to taxation under the Assessment Act within the City of Saint John. 5. That Common Council authorizes the Commissioner of Finance to disburse, at a time acceptable to him, to the named Commissions, Agencies and Committees, the approved funds as contained in Appendix B, and; 6. That Common Council approves the 2010 Establishment of Permanent Positions as detailed in Appendix C, and; 7. That Common Council repeals the Policy directions for 2010 and beyond adopted on January 19, 2009 and; 8. That the budget submissions from City Administration and City funded Agencies, Boards and Commissions for 2011 and 2012 shall not exceed 104% of the immediately preceding year with the exception of the Fire Department, the Saint John Board of Police Commissioners and the Saint John Transit Commission whose budget submissions for 2011 and 2012 shall not exceed 101% of the immediately preceding year, and; 9. That the Commissioner of Finance be directed to prepare a Debt Management Policy for the City of Saint John for consideration by Common Council. ully sub fitted, L 1 atrick Woods, CGA ACTING CITY MANAGER ATTACHMENTS Page 10 of 11 172 1 2010 General Fund Operating Budget Summary APPENDIX 1 Framework Priorities and Positioning Focus will be on implementing Council priorities and positioning the City for longer term achievement. Concentration on municipal plan, road maintenance, storm drainage, recreation services Key Drivers Tax Rate a stable or declining tax rate is the long -term objective Wage Costs approximately $69M of the budget is for wage and benefit costs the size and cost of our workforce must be controlled and it must deployed so as to achieve maximum results Debt Management we must manage our debt or it will manage us the level of capital investment must be both strategic and commensurate with our ability to absorb the related multi -year debt retirement costs Economic Development fostering good growth will contribute to community wealth, additional investment, increased tax base and new employment Human Resources —our services are provided by people, good services require good people we need a highly motivated, energized, productive workforce with strong leadership. The collective bargaining process must result in a tangible contribution to these outcomes. Pension Funding the City has a legal obligation to fund the pension plan, the current model is not sustainable and reform is necessary Budget Highlights Tax rate of $1.785 per $100 assessment Gross budget $134,203,729 (5.72% increase over 2009) Establishment of 683 permanent positions (3 over 2009) Initiating a service based budget model Service objectives and performance indicators set for each service Organizational restructuring to take place during 2010 Funding to initiate comprehensive community planning process Collective bargaining to begin with three locals Fire, Police, Outside Workers Anticipates a one year deferral of pension obligations while reforms are established Increased emphasis on asphalt maintenance, storm drainage and snow removal Planning and Development Community Planning Service Municipal Plan with completion of Growth Management Strategy Action Plan to implement recommendations from Ircha Report Assess move to monthly meetings for PAC and HDB Development Policies completed for —Sandy Point Rd., Fairville Blvd. Development Advisory and Approval Service Revamp of Development Incentive Programs Infill, Heritage, Upper Floors Planning Application Fees will be revised to better reflect costs 1 173 2 Leisure Services Neighbourhood Improvement Support and Social Development Service Completion of Recreation Infrastructure, Programming and Facilities Study Increase in number of playground programs Initiate two special recognition events for community partners Expand partnership with Pro Kids Maintain commitment to priority neighbourhood grant program Sport and Recreation Facilities Service Enhanced scheduling and maintenance of facilities Gap analysis to be conducted on sport and recreation infrastructure needs Review scheduling guidelines and fee structure to maximize usage Parks and City Landscape Service Develop partnership agreements for shared green space (Dist. 8) Tree Planting City reforestation plan with community support Trails Master Plan completed for City wide network Park Development Rockwood, Rainbow, Market Place West Municipal Operations Increased funding for asphalt and road repairs Purchase of land for snow dump west Increased focus on accessibility Additional funding for rental of snow removal equipment Funding for traffic control barriers during flood events Begin contract negotiations with Local 18 Provide additional support for development review /approval process Building and Inspection Services Bylaw Enforcement Service Conduct 1100 enforcement inspections (Dangerous and Unsightly, Minimum Standards) Inspection and Enforcement Service Advocate with PNB for legislative changes to more effectively address derelict buildings Asset Management Service Energy Management initiatives will reduce costs by an additional $250,000 Barrier Free Audits of City owned facilities with necessary improvements Upgrading of existing recreational facilities (capital) Fire Services Contract negotiations to begin with IAFF Local 771 Absorbed levy for the Presumptive Cancer Legislation Further develop community and industrial partnerships Review of service fees will be undertaken Fire Prevention Service Create more robust capacity in fire inspection to address derelict buildings Technical Rescue Service Extension of internal training programs including confined space rescue 2 174 Police Crime Reduction Service Continued implementation of Intelligence Led Policing initiative Maintaining Community Policing programs in four priority neighbourhoods Law Enforcement Service Automatic Vehicle Locators installed in patrol units Use of CCTV for investigative and surveillance purposes Negotiation of new collective agreement with CUPE Local 61 Finance Department Development of a multi -year debt management plan Revenue generation initiative to continue Support for Pension Reform process Initiate Tangible Capital Asset Reporting Implementation of Public Sector Accounting Standards Economic Development Economic Development Service Tourism Implementation of DMO public /private partnership Industrial Parks Capital investments to ensure available inventory of sites Waterfront Development Pugsley Park, Harbour Passage Enterprise SJ Workforce development program, Strategic Plan Administrative Service Implementation of new customer service response system Finalize pension reform model Initiate coordinated intergovernmental relations program Develop plan to respond to Access to Information Legislation —2011 New Human Resource policy framework to be introduced Roll out new City Website Grant Support 225 Celebrations Year Long Hosting Acadian Games June Francophonie Celebration March Neighbourhood Development Program UNBSJ Capital Campaign Arts and Culture Board THE CITY OF SAINT JOHN 2010 BUDGET SUMMARY TAX RATE 1.7850 176 APPENDIX A 2010 2009 PROPOSED BUDGET BUDGET CHANGE TOTAL EXPENDITURES 126,939,949 134,203,729 5.72% LESS: NON -TAX REVENUE 9,133,592 10,082,189 10.39% 117,806,357 124,121,540 5.36% UNCONDITIONAL GRANT 19,499,823 19,499,823 0.00% NET BUDGET 98,306,534 104,621,717 TAX DENOMINATOR $5,507,368,788 $5,861,160,628 6.42% 1.7850 0.00% CITY OF SAINT JOHN 2010 BUDGET PROJECTIONS EXPENDITURES DEPARTMENT /SERVICE Page 2 of 9 2009 2010 BUDGET BUDGET Percent MAYOR'S OFFICE 220,196 220,200 0.0% COUNCIL 564,917 565,000 0.0% LEGISLATIVE SERVICE 785,113 785,200 0.0% CITY MANAGER 536,310 717,824 33.8% CORPORATE PLANNING 717,306 536,965 -25.1% COMMUNICATIONS 538,557 527,989 -2.0% COMMON CLERK 827,770 826,711 -0.1% FINANCE 1,719,170 1,711,504 -0.4% LEGAL 757,232 791,307 4.5% GENERAL ADMINISTRATIVE SERVICE 5,096,345 5,112,300 0.3% MATERIALS MANAGEMENT 1,035,017 1,237,788 19.6% HUMAN RESOURCES 1,413,659 1,456,474 3.0% INFORMATION TECHNOLOGY 1,938,963 1,958,191 1.0% FLEET SERVICES 737,858 769,775 4.3% ADMINISTRATIVE SUPPORT SERVICE 5,125,497 5,422,228 5.8% FIRE SERVICE 20,352,440 21,268,240 4.5% EMERGENCY MANAGEMENT SERVICE 308,936 320,000 3.6% BUILDING INSPECTION SERVICES 1,540,570 1,645,521 6.8% FACILITY MANAGEMENT 1,027,788 1,023,785 -0.4% CARPENTRY SHOP 493,830 480,813 -2.6% CITY MARKET 894,000 899,881 0.7% CITY HALL BUILDING 1,480,015 1,573,460 6.3% BUILDINGS AND INSPECTION SERVICE 5,436,203 5,623,460 3.4% 177 CITY OF SAINT JOHN 2010 BUDGET PROJECTIONS EXPENDITURES MUNICIPAL OPERATIONS ADMIN 1,654,393 0 100.0% INFRASTRUCTURE MANAGEMENT (Development) 302,543 235,277 -22.2% ENGINEERING GROWTH Municipal Engineering 435,551 599,260 37.6% TRAFFIC ENG SYSTEMS Pedestrian Traffic 1,323,542 1,567,918 18.5% SNOW CONTROL STREETS 5,023,890 4,186,250 -16.7% SNOW CONTROL SIDEWALKS 666,170 919,743 38.1% SIDEWALK MAINTENANCE 843,498 STORM DRAINAGE Stormwater Maintenance 2,231,942 3,333,881 49.4% STREET CLEANING (Included in Clean Saint John) 0 1,836,291 CLEAN SAINT JOHN -Solid Waste 5,269,163 4,233,745 -19.7% STREET SERVICES Surface Maintenance 5,389,054 5,653,137 4.9% MUNICIPAL OPERATIONS 22,296,248 23,409,000 5.0% COMMUNITY PLANNING 1,107,040 1,235,712 11.6% REAL ESTATE 409,805 405,983 -0.9% G I S 293,714 292,332 -0.5% MUNICIPAL PLAN 150,000 756,500 404.3% HERITAGE 231,746 224,953 -2.9% PLANNING ADVISORY COMMITTEE 12,720 0 100.0% ENVIRONMENT COMMITTEE 4,520 4,520 0.0% PLANNING AND DEVELOPMENT SERVICE 2,209,545 2,920,000 32.2% ADMINISTRATION -Sport Admin 817,335 100.0% FACILITIES Neighbourhood Improvement 1,355,165 1,343,292 -0.9% ARENAS -Rec Maintenance 1,170,642 2,865,761 144.8% SPORT ADMIN 237,642 LANDSCAPE -Parks Open Space 1,859,748 2,194,493 18.0% WEST DISTRICT 320,232 0 100.0% CENTRAL DISTRICT 557,797 0 100.0% EAST DISTRICT 381,282 0 100.0% PRO KIDS 78,170 78,321 0.2% ROCKWOOD PARK 178,391 CONTRACTED SERVICES 140,000 117,500 -16.1% SUBSIDIES: FACILITY USAGE 192,361 192,361 0.0% RECREATION COMMUNITY GROUPS 36,000 36,000 0.0% LEISURE SERVICE 6,908,732 7,243,761 4.8% 178 Page 3 of 9 2009 2010 BUDGET BUDGET Percent CITY OF SAINT JOHN 2010 BUDGET PROJECTIONS EXPENDITURES Page 4 of 9 ECONOMIC DEVELOPMENT SERVICE REGIONAL ECONOMIC DEVELOPMENT (Enterprise) SAINT JOHN DEVELOPMENT CORPORATION WATERFRONT DEVELOPMENT PARTNERSHIP SAINT JOHN INDUSTRIAL PARKS LTD MARKET SQUARE COMMON AREA COSTS SAINT JOHN TRADE CONVENTION CENTRE HARBOUR STATION TOURISM PROMOTION SERVICE 2009 2010 BUDGET BUDGET Percent SERVICES DELIVERED BY OTHERS POLICE PROTECTIVE SERVICE 21,935,041 22,672,700 3.4% POLICE PSCC 2,165,982 2,231,000 3.0% 427,319 432,750 1.3% 175,000 175,000 0.0% 105,000 105,000 0.0% 315,000 322,875 2.5% 1,992,535 1,992,360 0.0% 560,728 565,818 0.9% 375,966 387,033 2.9% 1,000,706 1,000,706 0.0% 4,952,254 4,981,542 0.6% ARTS AND CULTURE IMPERIAL THEATRE 311,499 313,869 0.8% SAINT JOHN ARTS CENTRE 35,237 104,159 195.6% ARTS AND CULTURE BOARD 80,000 80,000 0.0% SYMPHONY 5,000 NB ARTS BOARD (Public Art Reserve) 25,000 40,000 60.0% OPERA NEW NRUNSWICK 3,000 CULTURAL AFFAIRS OFFICE 106,758 110,000 3.0% COMMITMENT TO CULTURAL CAPITALS 75,000 150,000 100.0% IMPERIAL THEATRE CAPITAL CAMPAIGN 25,000 25,000 0.0% SAINT JOHN THEATRE ARTS 10,000 10,000 0.0% 668,494 841,028 25.8% RECREATION /LEISURE SERVICE LORD BEAVERBROOK AQUATIC CENTRE SAINT JOHN HORTICULTURAL ASSOCIATION LOCH LOMOND COMMUNITY CENTRE CHERRY BROOK ZOO 179 140,700 145,000 3.1% 212,615 228,135 7.3% 40,000 40,000 0.0% 45,000 50,000 60,000 20.0% 443,315 518,135 16.9% CITY OF SAINT JOHN 2010 BUDGET PROJECTIONS EXPENDITURES SERVICES DELIVERED BY OTHERS SPECIAL EVENTS: MANAGEMENT SERVICE LOYALIST HERITAGE FESTIVAL JAZZ AND BLUES FESTIVAL SALTYJAM FESTIVAL de la BAIE FRANCAIS OTHER Mindcare NB Fundy Bay Festival Pavilion Cup New Year Canada Day Celebrations Senior's Resource Centre South End Days Boys Girls Club Remembrance Day Ceremony Women's Wellness Twin City Meetings International Police Conference 225 Events 2010 Canadian Masters Curling Championship International Francophone Day Festivities Olympic Torch Acadian Games 180 2009 2010 BUDGET BUDGET Percent 3,000 15,000 5,000 60,000 10,000 25,000 118,000 20,000 5,000 45,000 5,000 7,500 5,000 15,000 3,000 1,000 1,000 2,000 2,500 5,500 10,000 15,000 1,500 2,500 20,000 166,500 Page 5 of 9 100.0% 33.3% 0.0% -25.0% 100.0% 20.0% 41.1% CITY OF SAINT JOHN 2010 BUDGET PROJECTIONS EXPENDITURES SOCIAL DEVELOPMENT SUPPORT SERVICE LIBRARY 409,190 433,233 5.9% UNBSJ CAPITAL CAMPAIGN 200,000 200,000 0.0% SENIOR CITIZENS CENTER plus rent) 31,000 31,000 0.0% HUMAN DEVELOP COUNCIL( plus rent) 48,000 48,000 0.0% P.R.U.D.E. free rent) 22,000 22,000 0.0% ABILITY ADVISORY COMMITTEE 3,000 3,000 0.0% SEAFARER'S MISSION 1,500 1,500 0.0% YOUTH COMMITTEE 1,500 100.0% NEIGHBOURHOOD DEVELOPMENT 150,000 150,000 0.0% KEY INDUSTRIES 30,000 30,000 0.0% NON PROFIT HOUSING ASSISTANCE PROGRAM 25,000 25,000 0.0% NB HISTORICAL SOCIETY 14,000 ST. JOSEPH HOSPITAL FOUNDATION 25,000 THE ST. JOHN RIVER SOCIETY 5,000 HOSPICE (No 2010 request) 10,000 0 100.0% 931,190 987,733 6.1% PUBLIC TRANSIT SERVICE SAINT JOHN TRANSIT OPERATING SAINT JOHN TRANSIT DEBT OTHER WATER SUPPLY HYDRANTS 2,250,000 2,300,000 2.2% STREET LIGHTING 1,000,000 1,000,000 0.0% PROPERTY ASSESSMENT 1,101,474 1,172,232 6.4% LIABILITY INSURANCE 670,000 737,000 10.0% PARKING ADMINISTATION SUPPORT 478,654 527,817 10.3% ANIMAL PEST CONTROL 143,850 163,000 13.3% 5,643,978 5,900,049 4.5% SERVICES DELIVERED BY OTHERS 181 2009 2010 BUDGET BUDGET Percent 4,242,921 4,451,050 4.9% 774,529 1,559,439 101.3% 5,017,450 6,010,489 19.8% 41,875,704 44,309,176 Page 6 of 9 5.8% CITY OF SAINT JOHN 2010 BUDGET PROJECTIONS EXPENDITURES FUNDING OF THE GOING CONCERN PENSION LIABILITY FUNDING CHARGE 2004, 2005, 2006 1,838,384 1,765,250 -4.0% CURRENT YEAR SPECIAL PAYMENT 3,237,000 3,257,750 0.6% ADDITIONAL EMPLOYEE CONTRIBUTIONS (915,000) (300,000) -67.2% NET COST TO CITY SPECIAL PAYMENT 2,322,000 2,957,750 27.4% NET IMPACT PENSION FUNDING 4,160,384 4,723,000 13.5% FISCAL CHARGES DEBT PAYMENTS 12,315,802 13,067,364 6.1% CAPITAL FROM OPERATING 0 2nd PREVIOUS YEAR DEFICIT 69,000 100.0% FISCAL CHARGES 12,384,802 13,067,364 5.5% TOTAL EXPENDITURES 126,939,949 134,203,729 5.7% 182 Page 7 of 9 2009 2010 BUDGET BUDGET Percent CITY OF SAINT JOHN Page 8 of 9 2010 OPERATING BUDGET 2009 2010 NON -TAX REVENUE BUDGET BUDGET CHANGE SALE OF GOODS AND SERVICES FIRE SERVICE HAZMAT FUNDING 70,000 70,000 0.00% POINT LEPREAU 40,000 40,000 0.00% CLEARANCE LETTERS 4,000 4,000 0.00% MASS DECON 0 80,000 POLICE SERVICE LODGE PRISONERS 3,000 3,000 0.00% ACCIDENT REPORTS 11,000 11,000 0.00% TAXI LICENCES 50,000 80,000 60.00% OTHER 35,000 56,000 60.00% LEISURE SERVICE SPORTS FIELDS 54,000 54,000 0.00% SENIORS PROGRAMS 4,000 4,000 0.00% CARLETON COMMUNITY CENTER 7,500 7,500 0.00% NORTH END COMMUNITY CENTER 4,000 4,000 0.00% ROCKWOOD PARK 4,300 2,300 -46.51% ADMINISTRATION 40,000 40,000 0.00% PRO KIDS 18,000 18,000 0.00% GOLF COURSE 30,000 30,000 0.00% HURLEY ARENA 187,000 196,350 5.00% GORMAN ARENA 156,000 163,800 5.00% BELYEA ARENA 140,000 147,000 5.00% PETER MURRAY ARENA 135,000 141,750 5.00% EMERGENCY DISPATCH SERVICE 425,230 436,925 2.75% ADMINISTRATIVE SERVICES SAINT JOHN NON PROFIT HOUSING 46,000 46,000 0.00% SAINT JOHN TRANSIT 45,000 45,000 0.00% SAINT JOHN PENSION PLAN 200,000 150,000 25.00% INDUSTRIAL PARKS 7,500 SAINT JOHN WATER 1,596,000 1,611,000 0.94% OTHER TOURISM PARTNERSHIP 75,500 75,500 0.00% PLANNING DEPT SERVICES 25,000 37,500 50.00% GIS SALES 25,000 25,000 0.00% SALE OF USED EQUIPMENT 5,000 5,000 0.00% GARBAGE COLLECTION 5,000 5,000 0.00% TRANSPORTATION TENDERS 500 500 0.00% 183 CITY OF SAINT JOHN 2010 OPERATING BUDGET 2009 2010 NON -TAX REVENUE BUDGET BUDGET OTHER REVENUE FROM OWN SOURCES Page 9 of 9 CHANGE LICENSES AND PERMITS BUILDING PERMITS 1,560,000 1,400,000 10.26% PLUMBING PERMITS 100,000 96,500 -3.50% DEMOLITION PERMITS 5,300 13,500 154.72% MOBILE HOME PERMITS 1,250 1,250 0.00% GRAVEL PIT PERMITS 22,000 22,000 0.00% EXCAVATION PERMITS 0 0 BUSINESS LICENCES 500 500 0.00% REZONING APPLICATIONS 20,000 40,000 100.00% OTHER LICENCES PERMITS 12,000 15,000 25.00% GAS PIPELINE LICENCE 16,500 16,500 0.00% FINES AND PARKING MARKET SQUARE PARKING 1,037,012 1,135,201 9.47% PARKING METERS 852,500 1,007,500 18.18% METER VIOLATIONS 275,000 340,000 23.64% METER SUMMONSES 56,000 66,000 17.86% TRAFFIC BY LAW FINES 285,000 320,000 12.28% TRAFFIC BY LAW SUMMONSES 35,000 40,000 14.29% RENTALS MARKET RENTALS 485,000 485,625 0.13% LAND AND BUILDINGS 146,500 146,500 0.00% CITY HALL 58,000 58,000 0.00% SHORT TERM INTEREST 250,000 200,000 20.00% CONDITIONAL GRANTS FROM GOVERNMENT PROVINCIAL HIGHWAY MAINTENANCE 300,000 300,000 0.00% OTHER REVENUE MISCELLANEOUS 175,000 398,000 127.43% SURPLUS 2ND PREVIOUS YEAR 0 382,488 TOTAL NON TAX REVENUE 9,133,592 10,082,189 10.39% 184 City of Saint John Schedule of Third Party Payments 2010 Authority to Disburse: Commissioner of Finance Saint John Board of Police Commission PSCC Saint John Transit Commission Saint John Transit (long term debt repayments) Saint John Regional Facilities Commission which includes: Imperial Theatre Saint John Aquatic Centre Saint John Arts Centre Saint John Trade and Convention Harbour Station Destination Marketing (Formerly Tourism Department Budget)- REVIEW Imperial Theatre (capital campaign) Saint John Development Corporation Saint John Public Library Parking Administration Animal Pest Control Lord Beaverbrook Rink Saint John Horticultural Association Saint John Industrial Parks Cherry Brook Zoo South End Days Boys Girls Club 2010 Canadian Masters Curling Championship Arts and Cultural Board NB Arts Board (Public Art Reserve) Cultural Capital Neighbourhood Development Symphony Opera NB New Brunswick Historical Society Loyalist House Jazz and Blues Festival SaltyJam Festival de la Baie Francais Fundy Bay Festival Mind Care NB -Three Street Hockey Championship Women's Wellness Saint Joseph's Hospital Foundation Loch Lomond Community Centre The Pavilion Cup Challenge New Year's and Canada Day Celebrations (Market Square) Senior Resource Center Remembrance Day Ceremony Ability Advisory Committee Seafarer's Mission Twin City Meetings The St. John River Society International Police Conference 225 Events International Francophone Day Festivities Human Development Council (Also rent $8,000) University of New Brunswick Key Industries Non Profit Housing Assistance Program Market Square Common Area Costs Regional Economic Development (Enterprise Saint John) Waterfront Development Partnership Acadian Games Senior Citizens (Also rent $30,000) Saint John Theatre 185 APPENDIX B Operating Amount 22,672,700 2,231,000 4,45 1 ,050 1,559,439 313,869 228,135 104,159 565,818 387,033 1,000,706 25,000 175,000 433,233 527,817 163,000 145,000 40,000 322,875 60,000 1,000 1,000 1,500 80,000 40,000 150,000 150,000 5,000 3,000 14,000 20,000 5,000 7,500 5,000 2,500 25,000 45,000 5,000 15,000 3,000 2,000 3,000 1,500 5,500 5,000 10,000 15,000 2,500 40,000 200,000 30,000 25,000 1,992,360 432,750 105,000 20,000 1,000 10,000 38,884,944 Department Solicitor Common Clerk City Manager Corporate Planning Communications Finance Human Resources Information Technology Materials Fleet Management Leisure Services 1 Tourism Municipal Operations 1 Saint John Water Fire EMO Buildings Inspections Planning Dev. 2009 Proposed Current 2010 Proposed Establishment Management Non Inside Outside Fire Proposed Union Workers Workers 5 1 0 0 0 j 6 3 1 4 0 0 8 3 1 0 0 0 I 4 2 0 1 0 0 I 3 2 0 1 0 0 I 3 4 0 22 0 0 1 26 4 6 2 0 0 1 12 1 0 17 0 0 18 3 0 11 37 0 51 6 0 10 33 1 0 0 0 1 0 1 0 10 0 12 124 0 14 0 17 88 0 11 0 3 0 162 1 0 0 0 0 7 0 20 13 0 186 APPENDIX C 49 Current 6 8 4 4 3 25 11 16 51 49 1 1 146 146 119 119.5 176 176 1 1 40 39.5 12 0 8 0 10 20 20 88 9 129 295 1 162 1 683 1 88 8 127 295 1 162 680 Changes Proposed for 2010: 2010 Proposed Establishment 1. Add one manager position in Leisure Services to be focused on Community/Neighbourhood Development and delete one vacant Coordinator position (Local 486). 2. Add one Superintendent position (Management) in Leisure Services to focus on Parks and Open Space and eliminate one General Foreman position (Local 18). 3. Add a reception position (non- union) in Human Resources to fill on -going office administration support role that has been filled through use of casual staff for past several years. 4. Move one Project Coordinator position (Local 486) from Corporate Planning to Information Technology to focus on business process reviews. 5. Add one PC Specialist position (Local 486) in Information Technology. This will eliminate the need to engage a third party provider for support work associated with our desktop computers. This change will result in lower costs for the service. 6. Add one administrative support position (local 486) in Finance. This position will be funded on a 50 -50 basis with the Saint John Parking Commission and will be working in the Parking Commission Office to provide on -going administrative support for on -street and off -street parking. 187 REPORT TO COMMON COUNCIL January 18th, 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: PROPOSED 2010 OPERATING AND CAPITAL BUDGETS SAINT TOHN WATER AND SEWERAGE UTILITY FUND INTRODUCTION '11 1 ,1 1 i 1 1 1 1 1 1 '1 j 1 1 1 11j 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1:1 1:1 1 1 1 1 1 1 1py li i i I I I I I I I I II I 1 1 1 1 1 1 1 1, 1 1 1 1 ,1 1 1 1 1 1 1 1 ,1 1 ',1 1, 1 1 1 (1 1 1 iiiiiii1 1 1 1 1 ,1 1 1 11 1 1 ,1, I, 1 1 1 1 1 1 1 1 1;1, 1 1 1, 1 1, 1 1: Saint John Water provides three essential user-pay services for the Saint John community: drinking water, industrial water and wastewater. These services are funded by ratepayers of the utility in accordance with the provisions of the New Brunswick Municipalities Act. 189(1) Where under this Act a municipality provides (a) water, or (b) a sanitary sewerage system, the municipality shall construct, operate and maintain such service or utility on a user-charge basis, which may be established on an amortized or any other basis as to the municipality shall seem fit, and may establish a separate or joint rate therefor. Budgets for water and wastewater services must also be balanced; revenues from rates and other charges have to equal the cost of operating the utility. 189(4) When operating a service or utility under this section, a municipality or commission shall make such charges to the user of the service or utility as to produce (a) an annually balanced budget, or (b) a triennially balanced budget. Purpose of Report This report proposes the 2010 Operating and Capital Budgets for Saint John Water (Water and Sewerage Utility Fund), with projections to 2012 and makes recommendations on user rates for 2010. PROPOSED 2010 OPERATING BUDGET OUR BUSINESS !S YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 188 The City of Saint l ohn 111'1111111111.11111111101111111111.1111111,11,111111111111111111111111111111111,111,11111111 111, PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7TH, 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 2 The proposed Operating Budget (plan) for 2010 is attached as Appendix "A" EXPENDITURE BUDGET Total proposed expenditures are $33,793,000, an overall 1.7% increase from 2009. Operating Expenses Operating costs are projected to increase by 3.9% to $19,355,000 to cover delivery of the three utility services with general increases for goods and services, funding of pension obligations, and contracted wage settlements. Functional areas have been reconfigured to reflect the new service-based structure. Utility Operating Program Infrastructure Development Drinking Water Service Watershed Management Water Treatment Water Pumping Storage Water Transmission Distribution Customer Metering Industrial Water Service Watershed Management (Ind) Water Pumping Transmission (Ind) Customer Metering (Ind) Wastewater Service Wastewater Pumping Wastewater Collection Wastewater Treatment Municipal Engineering Other Internal Charges Net Pension Costs Total Operating Expenses TABLE 1: OPERATING EXPENSES SUMMARY 189 2010 454,000 2011 222,000 229,000 2,105,000 2,183,000 921,000 956,000 4,159,000 4,300,000 615,000 637,000 425,000 440,000 766,000 795,000 90,000 93,000 1,977,000 2,050,000 2,162,000 2,232,000 3,265,000 3,382,000 1,276,000 1,322,000 491,000 508,000 427,000 440,000 $19,355,000 $20,037,000 OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 470,000 2012 486,000 237,000 2,261,000 991,000 4,444,000 658,000 455,000 824,000 97,000 2,123,000 2,304,000 3,500,000 1,369,000 523,000 453,000 $20,725,000 Fiscal Charges Fiscal charges would decrease by about 1% to $14,438,000 due to lower than anticipated borrowing costs. A planned increase in "Capital from Operating" to $6,900,000 would be deferred until major Harbour Clean-Up and the Safe, Clean Drinking Water projects are completed. This is being done to moderate needed rate increases. Fiscal Charges Item Debt Servicing Capital from Operating Total Fiscal Charges PROPOSED 2010 OPERATING AND CAPITAL BUDGETS SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) Expenditure Category Total Operating Expenses Total Fiscal Charges REVENUE BUDGET Revenue Item Total Expenditures Fire Protection Levy (General Fund) Storm Sewer Levy (General Fund) Flat Rate Residential Customers Other Revenues Metered Accounts Total Revenues TABLE 2: FISCAL CHARGES SUMMARY 2010 8,833,000 5,605,000 $14,438,000 Total Utility Expenditures Total utility expenses would see an overall increase of 1.7% to $33,795,000. Increasing fiscal charges will significantly impact future budgets. TABLE 3: TOTAL UTILITY EXPENDITURES SUMMARY 2010 19,355,000 14,438,000 $33,793,000 TABLE 4: PROPOSED REVENUE SUMMARY 2010 2,300,000 970,000 14,310,000 225,000 15,988,000 $33,793,000 OUR BUSINESS is YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 190 2011 2012 11,048,000 5,605,000 $16,653,000 JANUARY 7TH, 2009 PAGE 3 13,046,000 5,605,000 $18,651,000 2011 2012 20,037,000 20,725,000 16,653,000 18,651,000 $36,690,000 $39,376,000 As "revenues in" must cover "expenditures out", total budgeted revenues for 2010 are projected at $33,793,000; an increase of $575,265 (or 1.7%) over 2009. 2011 2,460,000 1,000,000 15,717,000 225,000 17,288,000 $36,690,000 2012 2,640,000 1,040,000 16,996,500 225,000 18,474,500 $39,376,000 PROPOSED 2010 OPERATNG AND CAPITAL BUDGETS JANUARY 7TH %OU9 SAINT JOHN WATER (WATER AND SEWEIAGE UTILITY FIJND) PAGE 4 PLANNED OPERATING HIGHLIGHTS 2010 The underlying obiocbvn of all utility operating progrons is delivery of safe, reliable and good quality services to the community at the best possible cost to ratepayers. In formulating the 2010 budget plan, three limits on operating expenditures were considered: one with no increase (0%), another at 2.5% and a third scenario at a 4.5% increase. Notwithstanding improvement being made and good tender prices from time to time, costs of operation continue to rise. Increases incorporated into all budget scenarios include: Fleet usage charges 5% Insurance costs -18Y6 Unionized wage adjustments 3.25% Holding the budget line would have consequences for delivery of services and the 2.5% increase would not be a viable option; therefore the following operating budget highlights are based upon the 4.5% scenario. Drinking Water Service Unidirectional Flushing (UDF) Unidirectional flushing mcdeadfirnUnplans and carries out fire hydrant flushing to clean water mains; an essential component of watermain preventive maintenance. Since its introduction in 2005, well over half of the water system has been flushed through the UDF program; including all of the west side and, added in 2009 Lakewood Heights, Champlain Heights, Cottage Hill, Forest Hills, Silver Falls and Glen Falls. The program wilI continue in these areas and $48 would be invested iooplanned expansion into Old East Saint John, part of the South Central Peninsula and the Grandview Industrial Park. The goal is to fully implement 8DP across Saint John by 2012. The key benefits of UDF are effective and efficient water use. Data collected exposes problems areas (e.g. broken vaives, undersized mains) and supports upgrade planning. Reduced Chlorination Costs A lower tender price, coupled with reduced consumption as a result of the cleaning and lining program (cast iron mains), less flushing and chlorination management improvements at Latimer Lake, has made a $15,000 reduction in chlorine costs possible. Water Facility Improvement Studies Complete the ARC flash study that began in 2009 and support operational issues that arise during the year, a cost of $10,000. Water Facility Improvements Approximately $22,000 required for laboratory testing and data collection related to the new water treatment facility and $25,000 is included to refurbish Spruce Lake pump/motor #2 and University Avenue pump (both pressing operational needs). OUR BUSINESS n YOUR WATER /Voron EAU, C'EST NOTRE AFFAIRE 191 PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7TH, 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 5 Facility Operations and Maintenance Life-cycle maintenance plans for water treatment, storage and pumping facilities will take hold in 2010. $48,000 will enable follow-up on the ARC flash (electrical safety) study, as well as safety issues identified through a comprehensive safety audit that was recently completed in partnership between Saint John Water and WorkSafeNB. Watersheds Aerial photography of watersheds lands is planned ($10,000 or 50% of the cost with the Industrial Water Service); technology that provides baseline information for watershed management and a record of significant activity in those typically remote areas. Automatic Meter Reading (AMR) A proven automated system needs to be identified and developed to support existing and future universal metering. AMR also provides useful system management and administration data $12,000 for system testing. Fleet and Other Equipment Assets Work processes, manning and equipment needs of "dig crews" has been reviewed, including measures to improve work site safety. The goal has been optimization of the productive capacity of these maintenance and repair crews. To that end, $29,700 is for an additional tandem dump truck to provide support and reduce time spent awaiting materials/removing materials. A facilities management vehicle is also added ($8,700) to support the staff member's responsibility for facilities across the City. Enhanced security features at treatment facilities, control and metering of all water flushings, and purchase of a Spectrum Analyzer for the SCADA system ($45,000). Safe, Clean Drinking Water Provision has been made ($10,000) to equip the Programme Management Office for Safe, Clean Drinking Water. Professional Development Monies allocated ($11,800) to supplement professional development; support for the 2010 MPWWA Conference and ACWWA Conference both of which will be held in Saint John in 2010. The ACWWA conference will draw approximately 400 water and wastewater professionals to the City. Energy Efficiency An amount of $10,000 is provided for the continued implementation of recommendations of an energy efficiency study undertaken in 2008. Industrial Water Service Watersheds Aerial photography of watersheds lands is planned ($10,000 or 50% of the cost with the Drinking Water Service); technology that provides baseline information for watershed management and a record of significant activity in those typically remote areas. Musquash Access Road and Pipeline ROWs Repairs to the access road leading to the Musquash Pumping Station and brush cutting and clearance along pipeline rights-of-way ($24,000). OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 192 Wastewater Service PROPOSED 2010 OPERATING AND CAPITAL BUDGETS SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) JANUARY 7TH, 2009 PAGE 6 Harbour Clean Construction of the new 35,000 m per day Eastern Wastewater Treatment Facility (EWWTF) will continue through 2010, with several other major projects either in progress or getting underway. Wastewater Facility Operations and Maintenance Life-cycle maintenance plans for wastewater treatment and pumping facilities will come together in 2010. Monies ($10,000 in each of two line items) have been included for ARC flash safety improvements. Sewer Use By $40,000 is provided for contracted services related to the Sewer Use By-Law. Based on a Model By-Law developed by the CCME, the new by-law will set standards for discharges, with a "phasing in" period to give businesses time to adapt and change inappropriate waste discharge practices. Sewer Maintenance Program The ongoing inspection and maintenance of sanitary sewers is vital to service reliability. Similar to storm sewers, a dedicated sewer maintenance team will provide a much needed service capability. Approximately $60,000 is provided for purchase of video inspection equipment complete with monitor, hard drive, software and variable sets of wheels to access larger pipes and the purchase of special cleaning nozzles for the vacuum/flusher unit. Auxiliary Power Generator $55,000 is provided for a trailer mounted generator to support wastewater pumping stations, as recommended in a Harbour Clean-Up value engineering review. Electricity There is a $20,000 increase for electricity costs relating to the new Monte Cristo WW lift station, as well as an additional $37,000 to cover electricity costs related to construction of the Eastern Wastewater Treatment Facility and the operation of existing treatment plants. Wastewater Model $21,800 is included for SewerGEMS wastewater modelling software. The City currently relies on consulting firms to carry out system analysis using a USEPA Storm Water Management Model (SWMM) to run wastewater scenarios. Since 2008, Saint John Water has had a WaterGEMS water model which has provided both operations and engineering with invaluable analytical capability, the ability to assess development requests/opportunities and run fire flow scenarios as well as water system simulations without having to interfere with operation of the live system. A similar technology for wastewater will provide efficiencies; as databases can share information and integrate directly with the geographic information system (GIS) system. This will provide the ability to assess sewer (combined and sanitary) system responses to rainfall events thus the capability of modeling overflows and infrastructure improvements to reduce or eliminate the overflows. It will also provide the ability to model the wastewater quality of combined sewage as well as the total volume of sewer overflows. OUR BUSINESS IS YOUR WATER VOTRE EAU, C NOTRE AFFAIRE 193 PROPOSED 2010 OPERATING AND CAPITAL BUDGETS SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) JANUARY 7TH, 200e PAGE 7 Emergency Response As with the drinking water service, emergency response funding for the wastewater service is at an unrealistic level. Added funding is provided (about $10,000 for overtime and related fringe benefit costs) to cover emergency response throughout the year. Saint John Water must respond to breaks and other emergency circumstances. Facilities Management Responsibilities for management of facilities; $24,000 included to cover the full year salary. Various Purchased Services $10L000 is provided for needed road repairs at the Lancaster Lagoon, $10,000 for landscaping at various facilities, and $10,000 for repairs and rnaintenance of equipment. EN/W7]Flob Equipment $20,000 is included for Eastern W\iV Treatment Facility lab equipment. Energy Efficiency An amount of $10,000 is provided for the continued implementation of recommendations of an energy efficiency study undertaken in 2008. Fleet Assets At $14,008 is provided for addition of a video truck to accompany vacuum/flusher unit, and another $14,000 for additional 1-ton truck in wastewater collection area to enhance efficiency of crews in transportation between job sites. General Across All Services The single largest expense for the utility that covers all services is the general government payment to the General Fund: $1,610,000 across all budgets for each of the three services. PROPOSED 2010 WATER AND SEWERAGE RATES Revenues from utility rates must cover expenditures. Concurrent with budget proposals each year are recommendations on service rates to cover the cost of operations and service delivery, as well as fiscal charges. The Water Sewerage requires that all water supplied to a property that is used for any purpose other than three or less dwelling units shall be paid for on the basis of quantities measured by a water meter. Residential customers (three or less units) pay for service at a flat rate regardless of the amount of water consumed. METERED RATES The cost-of-service charge for users consists of a fixed and variable portion; the recognized industry standard. OUR BUSINESS m YOUR WATER /Voruo EAU, c 194 PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7rH,2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 8 Fixed (Service) Component Some utility costs (customer costsj are incurred irrespective of the arnount of water used. These are typically recovered through a fixed service charge based on meter size, designed to take care of the cost of servicing the customer or having the customer connected to the system. Service charges for 2010 are proposed to remain at 3009 rates as shown below in Table 5. TABLE S: SERVICE CHARGE COMPONENT Meter Size 2009 Bi-Monthly 2010 Bi-Monthly 160000 36.06 I9mm 44.14 25ozoo 60.28 38mm 79.27 5Onzm 158.12 75mzou 328.58 1O0mm 571,42 15Oozm 898.04 200mm 1,290.40 250onm op 1,747.66 36.06 44.14 60.28 79.27 158.12 328.58 571.42 898.04 1,290.40 1,747.66 It is planned to review these charges in 2010 and introduce appropriate service charges in 2011 for meter sizes greater than 250mm. Volumetric Component Utilities also incur costs associated with meeting average and above average usage. Often categorized as base and extra-capacity costs, these result from the customers' demand for water; recovered through a consumption charge that varies with use. The more water used, the more the customer pays. OUR BUSINESS aYoox WATER /Vornn EAU, cExrmoruuuxmuuo 195 Blocks 1s 2nd 3rd RESIDENTIAL FLAT RATE PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7", 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) The volumetric rate component (water consumed) for metered customers would change in 2010 as shown in Table 6. TABLE 6: BLOCK RATES FOR METERED ICI CUSTOMERS Usage Range (m Assumed Water Applicable Period Consumption (m s uitable System of Charg 2009 2010 196 Rate per cubic metre) Projected 2011 0 to 100 0.9370 0.9754 1.0729 101 to 250,000 0.5967 0.6212 0.6833 Over 250,000 0.2106 0.2192 0.2412 OUR BUSINESS IS YOUR WATER VOTRE EAU, C`EST NOTRE AFFAIRE PAGE 9 2012 1.1588 0.7379 0.2605 The residential (flat) rate would rise by $34 to $864 in 2010 (or 4.1%); a water charge of $389.19 and a sanitary sewer charge of $474.81 (122% of water charge). Projections to 2012 are also provided in Table 7. TABLE 7: RESIDENTIAL RATES FOR WATER AND SEWERAGE SERVICES 2010 PROJECTED TO 2012 Rate for Water and Sewerage Services Actual Proposed Projected 2009 2010 2011 2012 2007-2008 283 1 1 2009 300 $830 2010 2012 318 $864 $950 $1026 Cost of water and sewer services per $2.77 $2.72 $2.99 $3.23 1,000 litres of water (1 m Utility services are provided on a cost-recovery basis; revenues cover the cost of operations and service delivery, including debt charges. The challenge is to set user rates that equitably distribute costs across customer groups; such that those who utilize services pay their fair share of overall costs, without cross-subsidization. PROPOSED 2018 OPERATING AND CAPITAL BUDGETS JANUARY 7", 2009 SAINT JOHN WATER (WATERAND SEWERAGE UTILITY FUND PAGE 10 PROPOSED CAPITAL BUDGET Planned Capital investments reflect Council's priority commitments and focus on the core service responsibilities of Saint John Water: drinking water safety, wastewater treatment, and sustainable renewal of infrastructure assets. High public expectations and rigorous regulatory standards make responsibility for these services very demanding. The recommended 2010 Capital Budget, summarized in Table 8, totais $44345,000t just over $25.6 million from other government partners and just over $18.6 million from ratepayers. Projects listed in Appendix "Di" address the pressing water and environmental (wastewater) needs of the community; each is a necessary improvement. Category TABLE 8: PROPOSED 2010 CAPITAL PROG M SUMMARY Projects 197 Other Share Utility Share Total Cost OUR BUSINESS m YOUR WATER /VnrRn EAU, r'Eyrmnznaxnmmn Infrastructure Renewal Sanitary 8 $0 $1,705,000 $1,705,000 lo�amtructmra8eoevval-\�atnr 14 $O $4295,UO0| $4,295,000 Wastewater Treatment 5 $9759,333 $5,055`687 $14,815,000 (Drinking) Water Service Needs 8 $15,843,333 $7,036,667 $22,880\000 Watershed Protection 3 $0 $550,000 $550 2010 Totals 38 $25,602,666 $18,642,334 $44,245,000 Wastewater Treatment Harbour Clean-IJp coristruction will be substant in 2010. in addition to the ongoing construction ofthe EWWTF will be several lift station and sewer main projects that are fully cost shared and funded over the last couple of programs, ao well uoiu2U1O. Safe, Clean Drinking Water Significant for safe clean drinking water are the six infrastructure projects totalling $Z3.99S million, budgeted ovec3OO9aod3OlD.Tbexekroe transmission main works will be constructecl in 2010, with an essentia completion date of March 31st, 2011. Other work related to Council's priority and the community's priority will be the establishment of a dedicated programme management team in 2010 and preparation of detailed plans for remaining projects. Infrastructure Assets Public utility assets are conservatively valued at over $1/2 billion; sustaining these over time and assuring service reliability isu central obligation. Budget proposals incorporate a substantial "pay as you go" pledge for infrastructure renewal of $5,605,000. It is proposed to maintain this level of funding and defer a recommended increase to $6,900,000 for at least another three years. PROPOSED 2010 OPERATING AND CAPTAL BUDGETS JANUARY 7m. %0O9 SA!NT JOHN WATER (WATER AND SEWERAGE UTIUTY FUND) PAGE 11 THREE ESSENTIAL SERVICES Saint John Water provides services that profoundly impact people and the community; they are essential to health, the environment, fire protection, development and the economy. These services are infrastructure-based, much of it underground and out of sight The proficient operation and maintenance of facilities, and the life cycle management and timely renewal of tangible assets, are integral to cost-effective service delivery over the long term. Drinking Water Service People must have water to live good health depends on consuming adequate quantities of safe, clean drinking water. That water must be delivered, at the best cost possible, to Saint John homes, institutions and businesses in a state that is clear, colourless, odourless and free of disease-causing micro-organisms (pathogens) or harmful chemicals. The Drinking Water Service is a public service that provides quality drinking water to all users within the community. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. The service is regulated by the Water Quality Regulation Clean Environment Act and Potable Water Regulation Clean Water Act of the Province of New Brunswick. The City of Saint John is issued an Approval to Operate by the Minister of Environment for the operation of Drinking Water Distribution and Treatment Facilities. Drinking water quality must be assured through a series of protective barriers: 1. Source (Watershed) Protecti on 2. Drinking Water Treatment 3. Operations and Maintenance (including staff training and development) 4. Monitoring and Alarms 5. Distribution System 6. Emergency Response Drinking water facilities and infrastructure assets include: Latimer Lake watershed: 2 km lake 0.84 km (42%) City land 0.85 km (42.5%) Loch Lomond watershed: 104 km lake 9.9 km (9.5%) City land 43.8 km (42.1%) Spruce Lake watershed: 20.4 km lake surface and City land 18.9 km (92.6%) Watershed dams (potable): 9 serving, in whole or in part, the potable water system 8 in the East and 1 in the West (2 other dams West serve only the industrial service) Wells: 2 (facilities at Ocean Drive Seaward Crescent serve Harbourview Subdivision) OUR BUSINESS IS YOUR WATER VOTR EAU, C'ES NOTRE AFFAIR 198 PROPOSED %b10 OPERATING AND CAPITAL BUDGETS JANUARY 7`,znue SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 12 Raw water intakes: 2 at Latimer Lake serve the potable system and one at Spruce Lake serves both the potable system and the West industrial system Drinking water treatment: 2 disinfection facilities; one East at Latimer Lake and the other West at Spruce Lake provide chlorination and fluoridation Water storage reservoirs: 7 (Spruce Lake, Churchill Heights, Lancaster, Lakewood Heights, Cottage Hill, Rockwood Park, Millidgevilie) Water pumping stations: 11 (Lakewood Heights, Champlain Heights, Park Street, Somerset Street, Golden Grove, Highland Road, University Avenue, Westmorland Road, Spruce Lake, Thomas Avenue, Gault Road) Transmission mains: 115.3 kilornetres, including 7 major jor transmission control headers Water distribution mains: 386.0 kilometres Valves: 6,377 (blow-off, gate, pressure reducing, normally closed, air and butterfly vaives, and flushings on the transmission and distribution sys Fire hydrants: 2,063 Other: countless related pieces of equipment and minor facilities Industrial Water Service Industrial water supports the economy and provides for the sustainable growth and development of the community. The Industrial Water Service is a public service that provides industry with water to carry out their processes. The service includes the supply of water, coarse screening, operation and maintenance of related infrastructure, administration ofthe service, and billing and collection of water volumes used. Water from Latimer Lake through a dedicated intake is directed or "spilied" via a flume to a natural watercourse (East spillage system) which carries the water overland to replenish the Little River watercourse from which mainly Irving Paper (and from time to time the Irving Oil Refinery) draws water for industrial purposes. The West Coleson Cove industrial system serves the NB Power Coleson Cove Generating Station. It draws water directly from Spruce Lake through a separate intake and coarse screen, and conveys that water to the facility through a dedicated 4.9 kilometre pipeline. The West IPP industrial system draws water from Spruce Lake through a shared intake and coarse screens (with the municipal potable and delivers water through a dedicated 8.5 kilometre pipeline to Irving industrial facilities near Reversing Falls. Also part of the industrial water service are the inter-basin water transfers from the Musquash watershed (370 km via the East Musquash pumping station, a 4.5 kilometre pipeline to Menzies Lake and then overland by natural watercourse to Spruce Lake. Other related facilities and infrastructure support, in whole or in part, the industrial water service, including 11 watershed dams (industrial) 8 on the East systems and 3 in the West. Nine of these dams also serve the drinking water service. OUR BUSINESS m YOUR WATER /Voron EAU, CEST NOTRE AFFAIRE 199 Wastewater Service PROPOSED 2010 OPEIATING AND CAP[TAL BUDGETS JANUARY 7T 2009 SAiNT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 13 Municipal wastewater effluents are a serious source of water pollution in Canada. Flows contain grit, debris, suspended solids, disease-causing pathogens, decaying organic wastes, nutrients, and up to 208 identified chemicals. A Canada-wide Strategyfor the Management uy Municipal Vkaxtnw/uterEfflu«nts basbenodevalopadbyCaoadiu000virouzaootomtuisteno. The strategy endorsed by the Province of New Brunswick, sets out a harmonized regulatory framework for discharges from municipaI wastewater treatment facilities and provides an agreed-upon path forward for achieving regulatory clarity. The performance standards set out will increase protection for human health and the environment. A vital precursor to meeting our obligations is first achieving full treatment of collected sanitary sewage flows. Reducing the poilution caused by munici wastewater effluents requires interventions ranging from source control to treatment to end of pipe diffusion. Saint John is on a clear path to achieving full treatment of its collected wastewater flows. The WastewaterService is a public service that provides for the coUect and treatrnent of wastewater for the community. Domestic wastewater is collected from residential and commercial sources and conveyed to treatment plants through an extensive network of collection mains and pumping stations. Wastewater is treated to meet standards set out in the Approvals to Operate issued by the Minister of Environment to protect both the environment and public health prior to it being returned to waterways. The service is currently structured around seven treatment faciiities four m jor sewage schemes (Hazen Creek, Marsh Creek, Milli and Lan and three minor schemes (Monte Cristo, Marna and Greenwood). Harbour will reorganize the wastewater service into three major schemes (Lancaster, Millidgeville and Eastern). The new Eastern Wastewater Treatment Facility (35 m per day), under construction, will cover the catchment areas presently serviced by the Hazen Creek (to be decommissioned) and Marsh Creek (to be decommissioned) plants, as well as substantial flows from currently untreated areas. The Monte Cristo rotating biological contactor (Class U plant will also be eliminated and customers tied into the Lancaster system with a wastewater pumping station that is currently under construction. The completion of this station will transition the service from three minor schemes to two minor schemes. The modern, recently u WWTP is a 10,000 m per day activated sludge facility (Class 111) and the Lancaster WVVTP is a 23,000 m per day aerated lagoon (Class 11). Other wastewater facilities and infrastructure assets include: Wastewater pumping (lift) stations: 40 (increased to 62 with Harbour Ciean-Up) Sanitary sewer collection mains: 227 kilometres (to increase with Harbour CIean-Up) Combined sewer collection mains: 150 kilometres OuR BUSINESS IS YOUR WATER VOTRE EAU, c'Eormnzunu,monu PROPOSED 2nzu OPERATING AND CAPITAL BUDGETS Other: thousands of manholes, and other related equi ent and minor facilities MUNICIPAL WASTEWATER EFFLUENTS JANUARY 7" PAGE 14 Sewers can be seriously misused; from cooking fats flushed down drains to heavy commercial/industrial effluents dumped irresponsibly. Fats solidify and clog up mains, cutting off norma sanitary flows. Vile commercial/industrial effluents can seriously upset biological processes at treatment plants, and compromise the City's ability to meet ecological obligations and Approvals to Operate. Controls on what goes into the sewer system are necessary; to prevent consequences that are detrimental to service reliability, public health and safety, wastewater infrastructure and the environment. Even small discharges of some toxic wastes, when combined, can be harmful to workers, cause damage to municipal infrastructure, interfere with or totally compromise treatment processes, cause pollutants to contaminate the environment, and render treated sludge (bio-solids) unusable or not recyclable. Regulation of municipal wastewater effluents has undergone extensive change since the Water Sewerage By-Law was first drafted in 1967, including a Canada-wide Strategy for the Management ofMunicipa/ N/aa&rwmtnr/fflu«ots io2OO9.CmrreotdcMdeucicxoccdtobn rectified. A new Sewer Use By would establish rigorous standards for discharges, with a "phasing in" period to give businesses time to adapt their waste management practices. SAFE, CLEAN DRINKING WATER Water makes up most of the weight of the human body; without it, we would die in a few days. A mere 2% drop in the body's water supply can trigger signs of dehydration. Water is important to the brain and to the mechanics of the human body They don't work properly without it. In fact, all cell and organ functions depend on water for their functioning. Water serves as a lubricant; it forrns the base for saliva and the fluids that surround the joints. Water regulates body temperature and the human metabolism, and helps to alleviate constipation by moving food through the intestinal tract. Water also plays a key role in the prevention ofdisease.D eight glasses of wate daily can decrease the risk of colon, bladder and other cancers. It can aid in the prevention and cure of many diseases, ailments and disorders that affect our bodies. As water is an important component to human physiology, its quality is as important as the quantity consumed. Drinking water should always be clean and free of contaminants to ensure proper heaith and weHness. Saint John has good surface water sources: the Spruce Lake watershed, suppiemented by the Musquash system, in the West; and the Latimer Lake Loch Lomond system to the East. Surface water supplies such as these, however, require treatment (filtration) to assure quality. Cu "treatment" consists of coarse screening (remove sticks and eels) and OUR BUSINESS m YOUR WATER /VuruuuA o C'EST NOTRE AFFAIRE 201 PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY ?`E 1 ,%809 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 15 disinfectiori with chlorine; fundamentally niocethe1930s.P|oorideisa|soaddcd for dental health reasons. Advances in scence and ever stricter drinking water regulations bavecbaogcdtbc primary focus of the water system to public health and drinking water quality. National standards for potable water are based on recognized and emerging concerns regarding unfiltered drinking water. With current facilities, drinking water quality cannot be assured; there is a clear and unacceptable risk to public health and the well-being of citizens. Providing safe, clean drinking water at the tap also involves reliable, uncontaminated delivery; through a properly sized and configured distribution system that efficiently services community demand. Our very old water system needs modernization and some critical infrastructure components replaced. The Action Plan for Safe, Clean Drinking Water provides an integrated focus for improving drinking water standards and water use effici for many generations into the future. INFRASTRUCTURE ASSETS Saint John has some ofthe oldest utility infrastructure in the country. As important as the high profile wastewater and water upgrades taking place and sustained investment is needed to overcome a serious "infrastructure deficit" and to prevent further deterioration of tangible water and wastewater assets. This is a challenge for municipalities across the country; described by FCM as a "crisis". Important to the commitment to infrastructure renewal is a policy of "pay asyou go in the operating budget. Debt financing for renewal-type (re)construction is patently unwise. Good Asset Managementl helps set aside the right amounts for the right things at the right time. Asset management is a systematic way of doing business over time: it determines asset value, manages infrastructure life cycles, understands long-term value and affordability, analyzes risk, measures asset performance, coordinates with operational plans, and integrates technical and financial considerations. Its underlying objective is to ensure long, cost-effective service life of infrastructure; to optimize return on investment. USER RATES FOR SERVICES The user-base ofwater and wastewater services consists of: Residentia! water customers: 16,850 Residential sewer customers: 16,585 lndustrial, commercial and institutional (ICI) metered accounts: 2,930 Municipal Infrastructure Asset Management, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, InfraGuide, November 2003 OUR BUSINES m YOUR WATER /vuTuu EAU, x'EoTworusxnemnm PROP0SED 2010 OPERATJNG AND CAPITAL BUDGETS JANUARY 7r", a0V9 SANT JOHN WATER (WATER AND SEWERAGE UrILrrY FUNO) PAGE 16 City of Saint John: hydrants and firefighting flows; storm drainage component of combined sewers (that carry both sanitary and storm water flows). Utility services, so much a part of everyday life, remain reasonably priced. User rates reflect the cost of service delivery and the investment being made to upgrade facilities and maximize the service life of infrastructure assets. How valuable are these services when compared to what people pay for TV, telephone, internet, fuel oil, electricity, bottled water? Council has been able to significantly moderate user-rates as a result of its success in securing financial support for wastewater improvements (Harbour Clean-Up) and drinking water upgrades. Continued diligence will be important as the community sees these initiatives through to completion. Pricing of water and wastewater services must generate revenues sufficient to cover the ftill cost of thei delivery operations and maintenance, regulation, capital construction and associated debt charges, environmental protection and emergency services. User-rates need to reflect the value of services and distribute costs fairly and equitably among the diverse customers of the utility. Users in Saint John range from households to large industrial enterprises that consume very large volumes ofwater. Comprehensive rate studies (2002 and 2000 have helped refine pricing policies. Two things are fundamental to proper cost allocation and, hence, fair and equitable user-rates: sound principles upon which to base the system of charges and a logical approach for the structure and the calculation ofrates. Ten Principles for User Char= Ten (10) prin lesfhruser charges, refioedtbrooghtbc Acdon{lon/hrSrfeChyonDrin6/no Water, have been adopted by Common Council: 1. Equity: Fairness and User Pay Most critical; that reasonably reflect actual cost of providing services to customers. Fairness and user pay are basic to water rates. 2. Revenue Adequacy A statutory requirernent; recovery of utility costs from rates and other charges to meet service, operating and fixcal obligations of the utility. Over and above legal requirements, must assure customers that financiai risk is minimized. 3. Legality Financing and cost recovery methods must reflect legislative authority; be permissible under Provincial statutes, with all charges legally justified. 4. Water Use Efficiency Inefficiency wastes water, money and progress; rates should promote water use efficiency. Sizing and, therefore, cost of facilities are largely dependent on how well water is used. Equitable pricing, with measurement to inform and empower users, is the single most effective means of encoura ing efficient use. 5. Water Source Sustu6nobi/dv Security of supply is essential for service and the very sustainability of the community. Climate change impacts the resilience and adequacy of water resources; wasteful practices are becoming a greater threat than ever. Pricing policy is integral to assuring source capacity and controlling per capita consumption. OUR BUSJNESS is YOUR WATER VOTRE EAU, cEormnTasAFmuua PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7Th, 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 17 6. Technical/Administrative Feasibility The structure of water rates should be easy to understand and practical to apply without undue administrative burden. 7 Affordability Conservation and fairness of charges are critical to keeping water affordable. Customers billed on actual volumes used have an opportunity to manage usage and control expenses. A well designed rate structure, coupled with a program to replace leaking fixtures, can help people (industry) use metering to their advantage. Public Acceptance Customers need to understand the "why, how and what" of water and sewer charges. 9. Same Service, Same Price Users receiv the sarne level of service should be treated equally within the rate structure. Advantages of a common municipal system are shared. l0. Sustainable Development An equitable structure of rates supports growth compatible with the capacity of resources to support that growth. In geueru|, the cost of capacity added to serve new groups of users should be borne by those new users; existing customers should not be expected to subsidize new developments. If costs of new development are too high, the development is not viable; it should not be subsidized. Structure and Calculati on of Rates The 2008 study provided aozode for the rate structure and recommended water and sewer Fixed charges by meter size Two-part rates a fixed plus a volumetric component Declining 3-biock rates (DBRJ structure Watershed costs identified separately, recognized in both potable and raw water rates Flat rate consumption component; 300 m in 2009 to 318 m in 2010 Sewer surcharge; as percentage of water cost to reflect true cost of wastewater service i3y-Law rates set by Council through the Water aodSnwerngeBy-Lavv Contribution to sustainability; capital investment to renew aging infrastructure Miscellaneous charges for various services to ensure cost recovery. Outstanding Water Rate Issues Council has long sought to have all customers pay for utility services at rates established through the 13y-Law. Long-standing rates agreement with Irving Oil Limited (1OT) for its original refinery connection (covering some 20% of its consumption) and with Irving Pulp and Paper (1PP) (for 95% of its water) remain to be resolved, The City and IOL are going to binding arbitration on the issue. IOL pays fully at By-Law rates for the remaining 80% of its refinery water. The matter with IPP could still be addressed through negotiation. There are notable differences in the circumstances ofthese users. OUR BUSINESS is Youn WATER VOTRE EAU, E'EST NOTRE AFFAIRE PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7TH, 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 18 CAPACITY TO DELIVER PROJECTS AND MANAGE CAPITAL PROGRAMS The capacity of engineering resources to manage expectations and the large number of necessary projects is a major concern, especially for Safe, Clean Drinking Water. These people plan the work, guide consultants, and protect the public investments being made. The demands on them are intense and cannot be sustained at current human resource levels. Needed engineering professionals must be engaged, with personnel costs charged directly to related Capital programs. RECOMMENDATIONS It is recommended that Common Council adopt the following resolutions: I. RESOLVED that the estimated revenue for the Water and Sewerage Utility for the year 2010 in the amount of $33,793,000 be adopted (Appendix "A"); 2. RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 2010 in the amount of $33,793,000 be approved (Appendix "B"); 3. RESOLVED that the By-Law entitled A By-Law to Amend a By-Law Respecting Water Sewerage (Appendix "C") be given first and second reading; and 4. RESOLVED that the Capital Budget for 2010 in the amount of $44,245,000, as set out in the attached schedule of projects (Appendix "DI"), be approved. Respectfully submitted, .M. Paul Gro y, P. Eng. Gregory J. Yeomans, CGA, MBA Commissioner, for Saint John Water Commissioner of Finance atrick Woods, FCA Acting City Manager OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 205 REVENUES TOTAL REVENUES PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7TH, 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 19 SAINT JOHN WATER REVENUE BUDGET 2010 2010 Proposed 2011 Outlook 2012 Outlook Fire Protection Levy (General Fund) 2,300,000 2,460,000 2,640,000 Storm Sewer Levy (General Fund) 970,000 1,000,000 1,040,000 Flat Rate Residential Customers 14,310,000 15,717,000 16,996,500 Other Revenues 225,000 225,000 225,000 Metered Accounts 15,988,000 17,288,000 18,474,500 $33,793,000 $36,690,000 $39,376,000 OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 206 APPENDIX "A" FISCAL CHARGES Debt Servicing Capital From Operating Total Fiscal Charges TOTAL EXPENDITURES PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 20 SAINT JOHN WATER EXPENDITURE BUDGET 2010 2010 Proposed 2011 Outlook 2012 Outlook OPERATING EXPENSES Infrastructure Development 454,000 470,000 486,000 Drinking Water Service Watershed Management 220,000 229,000 237,000 Water Treatment 2,105,000 2,183,000 2,261,000 Water Pumping Storage 921,000 956,000 991,000 Water Trans Distribution 4,159,000 4,300,000 4,444,000 Customer Metering 615,000 637,000 658,000 Industrial Water Service Watershed Management (Ind) 425,000 440,000 455,000 Water Pumping Trans (Ind) 766,000 795,000 824,000 Customer Metering (Ind) 90,000 93,000 97,000 Wastewater Service Wastewater Pumping 1,977,000 2,050,000 2,123,000 Wastewater Collection 2,162,000 2,232,000 2,304,000 Wastewater Treatment 3,265,000 3,382,000 3,500,000 Municipal Engineering 1,276,000 1,322,000 1,369,000 Other Internal Charges 491,000 508,000 523,000 Net Pension Costs 427,000 440,000 453,000 Total Operating Expenses $19,355,000 $20,037,000 $20,725,000 8,833,000 11,048,000 13,046,000 5,605,000 5,605,000 5,605,000 $14,438,000 $16,653,000 $18,651,000 OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 207 APPENDIX "B" 000 $36,690,000 $39,376,000 PROPOSED 2010 CHANGES BY-LAW NUMBER M-16, A BY-LAW RESPECTING WATER AND SEWERAGE (WATER AND SEWERAGE UTILITY FUND) A BY-LAW TO AMEND PROPOSED 2010 OPERATING AND CAPITAL BUDGETS SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND A BY-LAW RESPECTING WATER AND SEWERAGE Be it enacted by Common Council of the City of Saint John, as follows: A by-law of the City of Saint John entitled "A By-law Respecting Water and Sewerage" enacted on the 7th day of June, A.D. 2004,15 hereby amended as follows: 1. Schedules "A" and "B" are repealed and the following are substituted therefor. Mayor or the member of the Council who presided at the meeting at which it was enacted; and/ Common Clerk First Reading Second Reading Third Reading Premiere lecture OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 208 UN ARRETE POUR MODIFIER JANUARY 7 1.4 2009 PAGE 21 APPENDIX "C" ARRETE CONCERNANT LES RESEAUX D'EAU ET DTGOUTS Le conseil communal de The City of Saint John edicte Par les presentes, l'arrete de The City of Saint John intitule Arrete concernant les reseaux d'eau et d'egouts edicte le 7 juin 2004, est modifie comme suit: 1. Les annexes A et B» sont abrogees et sont remplacees par celles qui figurent aux presentes. Maire ou membre du conseil qui presidait la reunion a laquelle l'arrete a ete edicte Greffiere communale Deuxieme lecture Troisieme lecture PROPOSED 2010 OPERATING AND CAPITAL BUDGETS JANUARY 7TH, 2009 SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 22 A BY-LAW RESPECTING WATER AND SEWERAGE SCHEDULE "A" ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS ANNEXE A» Effective January 1st, 2010 En vigueur le 1 er janvier 2010 Flat rate customers Tarif forfaitaire pour les clients Flat rate customers Yearly $389.19 Water charge Tarif forfaitaire pour Tarif 389,19 les clients annuel Redevance sur l'eau OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 209 Meter Size 15mm 20nrim 25mm 4Omm 50mm 75mm 100mm 150mm 200mm 250mm 8e. up PROPOSED 2010 OPERATING AND CAPITAL BUDGETS SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND) PAGE 23 A BY-LAW RESPECTING WATER AND SEWERAGE Monthly (by m 3 Consumption (m Rate (VW) For the first 50 0.9754 For the next 124,950 0.6212 For all in excess of 125,000 0.2192 Spillage 0.1100 Effective January 1, 2010 METERED CUSTOMERS WATER SERVICE CHARGE Yearly METERED CUSTOMERS CONSUMPTION CHARGE 216.36 264.84 361.68 475.56 948.72 1,971.48 3,428.52 5,388.24 7,742.40 10,485.96 OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE 210 Spillage Monthly Bi- hly 18.03 36.06 22.07 44.14 30.14 60.28 39.63 79.26 79.06 158.12 164.29 328.58 285.71 571.42 449.02 898.04 645.20 1,290.40 873.83 1,747.66 Consumption (m For the first 100 For the next 249,900 For all in excess of 250,000 SCHEDULE "B" Bi-Monthly (by m 3 JANUARY 7", 2009 Rate ($/m 0.9754 0.6212 0.2192 0.1100 Renversement PROPOSED 2010 OPERATING AND CAPITAL BUDGETS SAINT JOHN WATER (WATER AND SEWERAGE UTILITY FUND ARRETE CONCERNANT LES RESEAUX D'EAU ET D Dimension du compteur 15mm 20mm 25mm 40mm 50mm 7Smm 100mm 1SOmm 200mm 250mm et plus Consommation (m Pour les 50 premiers m Pour les 124 950 m suivants Pour toute consommation au-dela de 125 000 m Mensuel (par m 3 En vigueur l er janvier 2010j CLIENTS AVEC COMPTEUR TAR1F DES SERVICES D'EAU Tarif annuel Tarif mensuel 216.36 264.84 361.68 475.56 948.72 1,971.48 3,428.52 5,388.24 7,742.40 10,485.96 Frais 0,1100 211 Renversement 18.03 22.07 30.14 39.63 79.06 164.29 285.71 449.02 645.20 873.83 0,9754 Pour les 100 premiers m 0,6212 Pour les 249 900 M suivants 0,2192 Pour toute consommation au-dela de 250 000 OUR BUSINESS IS YOUR WATER VOTRE EAU, C'EST NOTRE AFFAIRE ANNEXE B» JANUARY 7TH, 2009 PAGE 24 Tarif bimensuel 36.06 44.14 60.28 79.26 158.12 328.58 571.42 898.04 1,290.40 1,747.66 CLIENTS AVEC COMPTEUR FRAIS DE CONSOMMATION MENSUEL ET B1MESTRIEL Bimestrial (par m Consommation (m Frais ($/m 0,9754 0,6212 0,2192 0,1100 TI CITY OF SAINT „JOHN D6-Jan-113 MUNICIPAL OPERATIONS ENGINEERING CAPITAL PROGRAM SUMMARY W &.S UTILITY FUND Appendix "01" Proposed Prom Summary For 2010 No. of Other Utility Projects Share Share Category Infrastructure Renewal Sanitary Infrastructure Renewal Water Safe, Clean Drinking Water Wastewater Treatment Watershed Protection Wastewater Treatment 37.7% 8 14 5 8 3 $0 $0 $9,759,333 815,843,333 $0 $550,000 $550,000 1 4 h TOTALS: 38 $25,602,666 $18,642,334 $44,245,000 Summary of Caoltal Costs (Utility Share) Watershed Protection 3.0% 212 Infrastructure Renewal Sanitary 9.1% Safe, Clean Drinking Water 27.1% $1,705,000 $4,295,000 $5,055,667 $7,036,667 Total $1,705,000 $4,295,000 $14,815,000 $22,880,000 Infrastructure Renewal Water 23.0% age 1 of THE CITY OF SAINT JOHN 1UNICIPAL OPERATIONS ENGINEERIN G PROPOSED W S FUND PRC$GRAI'd MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Adelaide Street Bleury Street Creighton Avenue Dever Road e v. Hillcrest Drive Wastewater Pumping Facilities Wastewater Pumping Facilities This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Infrastructure Renewal Sanitary Location Description Share Share Between Victoria Street and Renew approx. 125m of 300mm sanitary sewer, Newman's Brook including design and construction management services. Design in 2010 for construction in 2011. Beaverbrook Avenue Visart Street to Pugsley Avenue Installation of approx. 880m of T.C. sani 213 TOTAL: Other Utility 0 130,000 0 400,000 sewer, b in er c17 2 09 m design and construction management services. Pre-approved by Council D Molson Avenue to Sand Cove Structural cleaning and lining of 430th of 0 275,000 Road existing 200 min sanitary sewer, including design and construction management services. 1.-■•••■•■■ Civic 1464 to lift station location Renew approx. 55m of 200mm sanitary sewer 0 75,00' due to heavy root infiltration, including design and construction management services. Design in 2010 for construction in 2011. Dever Road area near ballfields Renewal of 45m of existing 200mm sanitary 0 45,000 sewer and design of over flow structure off Dever Road, including construction management services. Manawagonish Road to Fenton Renew approx. 560m of 200mrn and 300mm Drive T.C. sanitary sewer, including design and construction management services. Design in 2010 for construction in 2011. Lorneville Wastewater Pumping Renew existing bar screen at wastewater Facility pumping facility, including design and construction management services. Design in 2010 for construction in 2011. Marsh Creek WWTP Renewal of a section of forcemain, including design and consrtuction management services. Design in 2010 for construction in 2011. t• Va. •va a. v vaVIV. 0 350,000 0 180,000 0 250,000 AL) $i.705.000 f 7 Page 2 o TIIE CJTY OF SAINT J 0 N MUNICIPAL OPERATIONS 4K ENGINEERING PROPOSED W S FUND PROGRAM 06-Jan-10 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C. PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Adelaide Street Cottage Hill Zone Cottage Hill Zone Hillcrest Drive Lancaster Avenue Main Street West Market Place Spruce Lake Water Transmission Tunnels at Airport Spruce Lake Industrial Park Sustainable Energy Management Water Storage Reservoir Rehabilitation Infrastructure Renewal Water Location Description Between. Victoria Street and Newman's Brook Renew approx. 125m of 250mm C.I. watermain, including design and construction management services. Design in 2010 for construction in 2011. Champlain Heights pump station to Cottage Hill tank Champlain Heights pump station to Cottage Hill tank Manawagonish Road to Fenton Drive Prince Street to Church Aver= (RDH) King Street West to St. John Street At water treatment plant Water Tower Road and King William Road Lancaster Lagoon Cottage Hill Latin Lake This Is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Replacement of the portion of the existing 300min watermain that presently traverses the, Sliver Fallsreservoir including design and construction management services. Design in 2010 for constmction in 2011. Detailed design of Champlain Heights pump house upgrades Renew approx. 520m of 200mm C.I. watermain, including design and construction management services. Design in 2010 for construction in 2011. Design for cleaning and lining of approx. 1300m of existing 600mm watermain proposed as part of the reconfiguration of the water distribution system, including design services Supplemental funding for renewal of approx. 625m of 150mm and 200mm C.T. with new 300mm watermain, including construction management services Pump and back-up power replacement, including design and construction management services. Pre-approved by Council October 13, 2009 M&C 2009-337 Supplemental funding to Isolate 900mm dia. transmission main, install 167m of 250mm dia. Distribution main from King William Road to Lomeville Road, connect 300mm dia. Main at Water Tower Road Replacement of four motors/PLC optimization of four discharge valves and VFD upgrade Rehabilitation and re-coating of existing water storage reservoir to meet required safety regulations, including design and construction management services Inspect condition of water transmission tunnels at airport and design for necessary upgrades 214 Other Utility Share Share 0 120,000 0 165,000 0 40,000 0 410,000 0 70,000 0 95,000 0 1,300,000 0 130,000 0 160,000 0 275,000 100,000 age .3 o:'1;7/:, TIIE CITY OF SAINT 0 FIN MUNICIPAL OPERATIONS ENGINEERING PROPOSED W S FUND PROGRAM MOH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-P PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Watennain Cleaning and Lining "Watermain Flushing Removal Woodward Avenue Infrastructure Renewal Water Location Description Other Utility Share Share Various locations Cleaning and lining of existing unlined C.I. 0 1,170,000 watermains to improve pressure, water quality, and fire flows in the area Various locations Removal of existing watermain flushing cross- 0 100,000 connections between the water distribution and sanitary collection systems; installation of new fire hydrants for future flushing requirements. This project is in compliance with the provincially issued Certificate of Approval to Operate. Near Cedar Point Trailer Park Supplemental funding for renew P.R.V. 0 160,000 components and chamber, including design and construction management services. Page :4 J31 7, 215 This is a tentative program listing of proposed capita! projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. TOTAL: V/ S4.295.000 xiuNicip SAINT JOHN 4 IONS ENGINEERING PROPOSED W S FUND PROGRAM 444444..4 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-* PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Dever Road District Metering Program Harbourview Subdivision Phinney Hill Transmission Mains Reversing Falls Bridge Safe, Clean Drinking Water Location Description Other Utility Share Share Manchester Avenue to Church Avenue, including ,Church Avenue to Main Street West and Main Street West from Church Avenue to Charles Street West and Milford/Randolph Water Distribution System Phinney Hill to Lakewood Heights pump station 216 This Is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Cleaning and lining or renewal of approx. 1800m of existing 600mm Transmission Main and installation of a 300mm dia. Watermain to Milford. Remove old 100 min. saddle, etc. from 600 min main and install BV including construction management services. Project funded by the Canada-New Brunswick InfraStinenire.Stlinultis Fund Agreement. 190m new 500nun watermains proposed as part of the reconfiguration of the water distribution system, including design and construction management services. Project funded by the Canada-New Brunswick Infrastructure Stimulus Fund Agreement. 2,393,000 1,197,000 Installation of flow meters on watermains 400,000 200,000 within the distribution system and the creation of a program to monitor and audit the water usage in each district. Phase 2 of 2 including design and construction management services. Project funded by the Canada-New Brunswick Infrastructure Stimulus Fund Agreement. Well houses at Ocean Drive and Supple,meiital funding for upgrades to well 0 175,000 Seaward Crescent -houses and installation of chlorine boosters, including design and construction management services. Installation of approximately 3200m of 4,433,000 2,217,000 1200mm watermain including construction management services. Project funded by the Canada-New Brunswick Infrastructure Stimulus Fund Agreement. Reversing Falls Bridge Renew existing 475mm watermain with two 2,533,333 1,266,667 TOTAL: 59.759.333 S5.055.667 Page o THE C1TY OF SAINT 301N O6-, an-1O MUNICIPAL OPERATIONS ENGINEERING an.-1°. PROPOSED W 5 FUND PROGRAM 201 MOH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Crown Street Crown Street Gilbert Street Long Wharf MacLaren Boulevard Sandy Point Road Thorne Avenue Haymarket Square Water Street Wastewater Treatment Location Description Elliot Row to Dunlop Lane (off street right of within an easement Near Britain Street Allison-Gfounds Area Long Wharf Area North of Flemming Court; MacLaren Boulevard to Sandy Point Road through easement behind Hazen White School Rothesay Avenue Rothesay Avenue Egbert Street/Kimball Street/ Seaton Street/Frederick Street area Water Street area 217 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Construction of collector system, easement/land acquisition, including design and construction management services. Other Utility Share Share 1,770,000 885,000 2,880,000 1,440,000 Construction of Lift Station #8 and Forcemain/Collector system, including construction management services Construction of Lift Station #6 and Forcemain/Collector System, including construction management services Construction of Lift Station #10, 10A and 5,200,000 Forcemain/Collector System, including construction management services. Project to be funded under G.T.F. (2010), with utility contribution. Install approx. 810m of new 200mm;300mm, 343,333 171,667 and 375mm sanitary sewer, easement acquisition, including design and construction management services Construction of Lift Station #5A and 710,000 355,000 forcemain/collector system, including construction management services. Construction of Collector system, easement 2,060,000 1,030,000 land acquisition, including construction management services Construction of Lift Station #9 and 2,250,000 1,125,000 forcemain/collector system, including construction management services V. 630,000 315,000 1,715,000 TOTAL: $15.843.333 $7.036,667 Page A iNT 343 EERIN" TY OF EN‘3. THE ir,./„,,RATI ON S MUNJCJPAL Orr-d- FUND PRO GRAM v&SF ‘.W OPO SE PR MDH: MUNICIPAL DESIGNATED HIGHWAYS PAH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-" PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Watershed Protection Location Description This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Other Utility Share Share Watersheds Loch Lomond Watershed Land acquisition for watershed protection (as 0 200,000 required) Watersheds Robertson Lake Design for structural rehabilitation of dam, 0 150,000 Watersheds Various locations Construction of facilities to protect watersheds 0 200,000 from runoff from highway hazards, including design and construction management services .=-i-• Page7x) 218 p50,000 TOTAL: 06-Jari-10 T E CITY OF SAINT JOHN IVIUNICIPAL OPE, RATIONS ENGINEERING CAPITAL PROGRAM SUMMARY 5 uTiLl FU ND Appendix "D2" Infrastructure Renewal Sanitary 7 Infrastructure Renewal Water 9 Safe, Clean Drinking Water 2 Wastewater Treatment 4 Watershed Protection 4 Category Wastewater Treatment 30.9% Proposed Program Summary For 2011 No. of Other Utility Projects Share Share JYJ y, Watershed Protection 9.4% Summary of Capital Costs (Utility Share). 219 Total $0 $2,425,000 $2,425,000 $0 $3,175,000 $3,175,000 513,067,000 $3,933,000 $17,000,000 $9,880,000 $4,940,000 $14,820,000 $0 $1,500,000 $1,500,000 TOTALS: 26 $22,947,000 $15,973,000 Safe, Clean Drinking Water 24.6% Infrastructure Renewal Sanitary 15.2% $38,920,000 111111111.111WEL Infrastructure Re new al Water 19.9% THE CITY OF SAINT JOHN 06 MUNICIPAL OPERATIONS ENGINEERING tr( PROPOSED W s FUND pitOGRAM MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-*": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Combined Sewer Separation Strategy North King Street West Loch Lomond Road Rothesay Road I Milford Sanitary System Saint John West Sanitary Sewer Infiltration Study Infrastructure Renewal Sanitary Other Location Description Utility Share Share North End A strategy prioritizing the separation of combined sanitary and storm sewers for the north side and giving an estimate for budget purposes. One of the deliverables would be maps showing all existing sewers (storm, sanitary and combined) with proposed new sewers for separation. Renew approx. 260m of 300mm T.C, with new 200mm sanitary-sewer Renewal of approx. 175m of 250mm and 300mm T.C. (1925) sanitary sewer in conjunction with road realignment as part of the One-mile Interchange construction, including construction management services. Will seek to tender as part of D.O.T. contract. Milford Road to River Hill Drive Renew approx. 175m of 200mm sanitary sewer and easement acquisition to address sanitary backup issues, including design and construction management services Installation of new sanitary sewer and two wastewater pumping stations, including design and construction management services Improvements to the sanitary system in the area to correct ground water storm flow infiltration based on the previous study, including design services Market Place to Watson Street Russell Street to Westmorland Road Fulton Lane to Railroad Overpass Milford Dominion Park area Sustainable Energy Pumping stations, Management Lancaster,Market Place, Simpson Drive, Westgate Drive, Churchill Bly'd and Kennebecasis Drive 220 This Is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Screw pump replacement, HVAC and high efficiency pump upgrades TOTAL: 0 400,000 0 190,000 170,000 0 200,000 0 1,140,000 0 100,000 0 225,000 to $2.425.000 Page 2 oft..? TIIE CITY OF SAINT JOHN 1362-Jan1-1° MUNICIPAL PR OPED 4 s OPE RI U A7 I' I FUND N&D PENNEERING O PROGRAM MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Cottage Hill Zone Champlain. Heights pump station to Cottage Hill tank Frederick Street Rothesay Avenue to end King Street West Market Place to Watson Street Lancaster Avenue Main Prince Street to Church Avenue Street West Loch Lomond Road Loch Lomond Road Seaton Street Watermain Cleaning and Lining West Raw Water Transmission Main Infrastructure Renewal Water Location Description Other Utility Share Share Russell Street to Westmorland Road Russell Street to Westmorland Road Rothesay Avenue to end Various locations Spruce Lake to Irving Pulp and Paper 'Page 3 of 221 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Design services for new transmission main required to support increased water demand .from growth Renew approx. 170m of 150ram C.I. with new 200mm watermain, including design and construction management services Renew approx. 320m of 150nim with new 250mm watermain Clean and line approx. 1300m of existing 600raist watermain proposed as part of the reconfiguration of the water distribution system, including construction management services Renewal. of approx. 255m of 250mm, 300mm, and 400mm C.I. watermain in:conjunction with road realignment as part of the One-mile Interchange construction, including design services. Will seek to tender as part of D.O.T. contract. Installation of 600mm transmission main in conjunction with road realignment as part of the One-mile Interchange construction, including design services. Will seek to tender as part of D.O.T. contract. Renew approx. 120m of 150mm C.T. with new 200mm watermain, including design and c9n1tru ction management services Cleaning and lining of existing unlined C.T. watermains to improve pressure, water quality, and fire flows in the area Inspect west raw water 1500mm dia. Transmission main including raw water intake at Spruce Lake during UT shut down. Phase 2 of 2, including design and construction management services. 1y TOTAL: 0 170,000 0 130,000 0 250,000 0 630,000 0 300,000 0 300,000 0 95,000 0 1,000,000 0 300,000 p3.175.000 TIIE CIT,‘,1,)(701k}'SSFAI JINN4sLTDE3pN°RclioiNNEEIIING PROPOSE OPERATIONS GRAritli L) MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Safe, Clean Drinking Water ',F. y Y. Water Treatment Safe, Clean Drinking Water This Is a tentative program listing of proposed capital projects. This lIst has not been approved by Common Council. Priority assignments are subject to change at any time. Location Description Other Utility Share Share To be determined Specific projects to be idenified in conjunction with updated Action Plan for Safe, Clean Drinking Water New Water Treatment Facility Design for new Water Treatment Facility to treat potable water-supply for City in accordance with theaction plan for Safe, Clean Drinldng Water. Project to be funded under G.T.F (2011). 222 TOTAL: 7,867,000 3,933,000 5,200,000 0 613.067.000 53.933.000 Page 4 DI'S, THE CITY OF SAINT JOHN 06- jan.10 UNICIll'AL OPERATIONS ENGINEERING PROPOSED W S FUND PROGRAM 201 MDH: MUNICIPAL DESIGNATED HIGHWAYS P-i; PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Riverview Drive Mill Street Wastewater Treatment 223 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Description er Utility Share Share Dominion Park Dominion Park/Pleasant Point Construction of Lift Stations #32 at Pleasant 1,960,000 980,000 Pleasant Point area Point #33 at Dominion Park, and Forcemaiu/Collector Systems, including construction management services lndiantown Highland Road; Robertson Construction of Lift Stations #21 and 21A at 1,960,000 980,000 Square; Rowart Highland Road, #23 at Robertson Square, #24 at Rowan Place, and Forcernain/Collector Systems, including construction management i servces Riverview Drive/Mill Street area Construction of Lift Stations #28 at Riverview 3,270,000 1,635,000 Drive, #30 at Riverview Avenue West, #31 at Mill Street, and Forcemain/Collector Systems, including construction management services Spar Cove Road At Bridge Street Design and construction of Lift Station #22, 2,690,000 1,345,000 including design and construction management -services TOTAL: $9.880.000 S4.940.000 Page 4:)1`E,RATIONs ENGINEERIN G OPOSED ciry)( OF SAINT JOHN 7 0 6 1"1-1 PR N1C1PAL W s FUND PROGRAM MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Watersheds Watersheds Watersheds Watersheds Location Robertson Lake Various locations Watershed Protection Hunter Lake; Latimer Lake South; McBrien Lae; Terre° Lake; Taylor Lake Loch Lomond Watershed Description Design for structure rehabilitation, including design services Land acquisition for watershed protection (as required) Construction of upgrade to theRobertson Lake Dam spillway, add 1.2 m of free board ar,d provide a long term vegetation management plan for the earth embankments including construction management services. Construction of facilities to protect watersheds from runoff from highway hazards, including design and construction management services P' 224 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. TOTAL: Other Utility Share Share 0 100,000 0 200,000 0 1,000,000 200,000 §2 S1.500.000 TIIE CITY OF SAINT JOHN UNICIPAL OPERATIONS ENGINEERING CAPITAL PROGRAM SUMMARY W S UTILITY FUND Appendix "D3" Category Infrastructure Renewal Sanitary 10 $0 Infrastructure Renewal Water 9 $0 Safe, Clean Drinking Water 1 $9,333,000 Wastewater Treatment Watershed Protection Wastewater Treatment 4.2% Safe, Clean Drinking Water 39.3% Proposed Proeram, Summary For 2012 1111 NMI 111:11 TOTALS: Watershed Protection 9.3% No. of Other Utility Total Projects Share Share 1 3 225 $0 $0 $9,333,000 $11,867,000 Summary of Capital Costs (Utility Share) $2,160,000 $2,160,000 $3,440,000 $3,440,000 $4,667,000 $14,000,000 $500,000 $500,000 $1,100,000 $1,100,000 $21,200,000 Infrastructure Renewal Sanitary 18.2% infrastructure Renewal Water 29.0% 1111 11 11 Page HE CITY OF AINT JOHN UNICIPAL OPERATIONS ENGINEERING PROPOSED W S FUND PROGRAM 06-Jan-I0 2012 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RCM: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-*': PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Allison Street Chesley Drive Combined Sewer Separation Reduction Strategy South Jack's Field Jean. Street Main Street 4 a u e Milford Road Paddock Street Russell Hill Road Saint Clair Avenue Infrastructure Renewal Sanitary Location Milford Road to Francis Street (PDH #100) Bentley Street to Reversing Falls Bridge South End Gooderich Street to Wright Street, including James Fan Court to Autumn Street Loch Lomond Road to Courtenay Avenue Renew approx. 210m of 200mm T.C. (1926 1941) sanitary sewer, including design and construciion management services Renew approx. 85m of 600mm T.C. (1926) with new 375mm sanitary sewer, easement acquisition, including design and construction management services Renew approx. 115nt of 200mm and 180m of 300mm sanitary sewer, easement acquisition, including design and construction management services Waterloo Street to Coburg Street Renew approx. 240m of 225mra, 300mm, and 375mm T.C. sanitary sewers, including design and construction management services Install approx. 290 m of new 200 mm sanitary sewer, including design and construction management services Renew approx. 210m of 2.00mm sanitary sewer, including design and construction management services Through site of old Forum Civic #10I to end of road Balmoral Crescent to Green Head Road Balmoral Crescent to Greenhead Road Description Renewapprox. 105ra of 300nam T.C. sanitary sewer, including design and construction management services Renew approx. 120m of 300ram sanitary sewer, including design and construction management services A strategy prioritizing the separation of combined sanitary and storm sewers for the Southend and providing an estimate for budget purposes. One of the deliverables would be maps showing all existing sewers (storm, sanitary and combined) with proposed new sewers for separation. Renew approx. 175m of 300mm T.C. and line approx. 85m of 300mm and 375mm sanitary sewer; easement acquisition, including design and construction management services 226 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. TOTAL: Other Utility Share Share 0 100,000 0 135,000 0 400,000 0 385,000 0 170,000 0 120,000 0 200,000 0 220,000 0 240,000 0 190,000 ,$2.160.000 v 4:-.)F SAINT j°61-1.4EERING irkiE EN MUNICIPAL OPEIIA TI FUND PROGRAM uNIC--- vv& s M 0SED pROP MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RON: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-'": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Other Utility Project Location Description Share Share Allison Street Milford Road to Francis Street .4 Chesley Drive Jean Street Loch Loinond Road to Courtenay Avenue Milford Road Newman Street Paddock Street Russell Hill Road Saint Clair Avenue Watermain Cleaning and Lining Infrastructure Renewal Water (PDH #100) Bentley Street to Reversing Falls Bridge Civic #101 to end of road Albert Street to Rotary Court Waterloo Street to Coburg Street Balmoral Crescent to Green Head Road Balmoral Crescent to Greenhead Road e 41, 1., NY nr Various locations 227 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Renew approx. 105m of 150mm C.I. with new 200mm watermain, including design and construction management services Renew approx. 625m of.200mm and 300mm C.I. with new 300mm watermain, including design and construction management services Renew approx. 240m of 150mm and 200mm (1926 1935Y withnew 200mra watermain, including design and construction management services Renew approx. 25m of 150mm C.I. and PVC with new 200mm watermain, including design and construction management services Install approx. 155m of new 200mm watermain to eliminate two dead ends and improve water quality in the area, including design and construction management services Renew approx. 200m of 200nun watermain (1949), including design and construction management services Install approx. 410 m of new 200 min watermain to eliminate long services from behind properties, including design and constniction management services Renew approx. 210m of 150mm with new 200mm, and install approx. 200m of new 200rinn watermain to eliminate dead end, easement acquisition, including design and construction management services Cleaning and lining of existing unlined CI, watermains to improve pressure, water quality, and fire flows in the area TOTAL: 0 95,000 0 620,000 0, 190,000 0 20,000 0 160,obt, 0 165,000 0 325,000 365,000 0 1,500,000 la.440.000 age 30BN TI1F, CI muNi ERA F GINEERING pCRP0APL OPERATIONS W UN PROGRAM Project MDH: MUNICIPAL DESIGNATED HIGHWAYS PON: PROVINCIALLY DESIGNATED HIGHWAYS RDFi: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking Water Safe,, Clean Drinking Water Location To be determined This Is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Description 111141,141,41■414i,ao 228 Specific projects to be identified in conjunction. 9,333,000 4,667,000 with updated Action Plan for Safe, Clean Drinking Water TOTAL: Other U tilit y Share Share $9.333.000 t.6B7.000 Page 4f THE CITY OF SAINT JOHN MUNICIPAL OPERATIONS ENGINEERING PROPOSED W S FUND PROGRAM MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-*": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Wastewater Treatment Millidgeville Wastewater Facilities Treatment Facility Wastewater Treatment This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. ,kAl 4. 4 I I4U A 44 A MAME Project Location Description Other Utility Share Share Installation of new backup electrical system at 0 500,000 the treatment facility, including design and construction management services 229 TOTAL: pl .$500.000 age 6,o NICIPAL ()PERATIONS ENGINEERING 1 THE CITY OF SAINT JOHN mu PROPOSED W S FUND PROGRAM 2012 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-*": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Watersheds Location Watersheds Loch Lomond Watershed Watersheds Various locations Watershed Protection Hunter Lake; Latimer Lake South; McErien Lake; Terreo Lake; Taylor Lake 230 This Is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Description Structure rehabilitation in accordance with previous design, including construction management services Land acquisition for watershed protection (as Construction of facilities to protect watersheds from runoff from highway hazards, including design and construction Management services required) TOTAL: Other Utility Share Share 0 700,000 0. 200,000 0 200,000 El L1.100.000 THE CITY 0 F SAINT JOHN UNICIPAL OPERATIONS ENGINEERING CAPITAL PROGRAM SUMMARY W S UTJLITY FUND Appendix "D4" 116-Jan-10 Wald. Proposed Program Summary For 2013 Category No. of Other LJtilltr Total Projects Share Share I nfrastructure Renewal Sanitary Infrastructure Renewal Water Safe, Clean Drinking Water Wastewater Treatment Watershed Protection 8 1 1 3 TOTALS: 21 $30,667,000 $21,733,000 $52,400,000 Summary of Canital Costs (Utility Share Watershed Protection Wastewater Treatment 3.7% 0.0% Safe, Clean Drinking Water 70.6% 8 $0 231 $0 $30,667,000 $0 SO $3,225,000 $2,375,000 $15,333,000 $0 $800,000 Infrastructure Renewal Sanitary 14.8% $3,225,000 $2,375,000 $46,000,000 $0 $800,000 Infrastructure Renewal Water 10.9% age ef,,Zi'!, THE CITY OF SAINT 301-IN MUNICIPAL OPERATIONS 4S., ENGINEERING PROPOSED W S FUND PROGRAM MDH: MUNICIPAL. DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS 1 41. !MAW, 11 ilual Project Location Other Utility Description Autumn Street Broad Street Celebration Street Combined Sewer Separation Strategy West Seely Street Thombrough Street Wastewater Treatment Facilities Local -1, V• n Winona Avenue Infrastructure Renewal Sanitary Wright Street to Glenburn Court (including Glenburn Court to dead end) Between Charlotte Street and Sydney Street Stanley Street to end West side Gooderieh Street to Spruce Street Between Cranston Avenue and civic #75 Greenwood Subdivision Wastewater Treatment Facility Gooderich Street to end 232 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Renew approx. 120m of existing 200mm, 300mm, and 375mm T.C. with new 200rnm, and install approx. 50m of new 200mm sanitary sewer, including design and construction management services Renew approx. 85m of deteriorated 375mm T.C. and 450inm sanitary sewer, including design and construction management services Renew 100 m of 300 mm sanitary sewer, including design and construction management services A strategy prioritizing the separation of combined sanitary and storm sewers for the Westsidc and providing an estimate for budget purposes. One of the deliverables would be maps showing all existing sewers (storm, sanitary and combined) with proposed new sewers for separation. Renew I7Om of 225nun T.C. (1878) with new 200mm sanitary sewer, including design and construction management services Renew 70 m of 200 mm sanitary sewer, including design and construction management services. Install 2 sanitary lift stations and approx. 3500m of asiociated sanitary collector sewer forcernain system to eliminate the existing wastewater treatment facility, including design and construction management services Renew approx. 31m of 225mm conc. (1958) with new 200mm sanitary sewer, including design and construction management services TOTAL: Share Share 0 170,000 0 80,000 0 95,000 0 400,000 0 140,000 0 90,000 0 2,220,000 0 30,000 §s, 11.225.000 TfiEnCpIETRv-iLAOTFIDS.NAsIN&T'r E3pNORGIO-11-N cipAL IG N RA EER M IN' G PROPOSED FUND w S ti MDH; MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Infrastructure Renewal Water Location Autumn Street Wright Street to Glenburn Court Renew approx. 170m of existing 150mm C.I. (including Glenburn Court to with new 200mmwatermain, including design dead end) and construction management services Broad Street Between Charlotte Street and Renew approx. 60m of 150min with 200mm Sydney Street waterrnain, incIuding constriction management services Celebration Street Stanley Street to end Renew 100 m of 300 mm watermain, including desiga construction management services Seely Street Gooderich Street to Spruce Renew approx. 170m of 150min C.I. with new Street 200mm watermain, including design and construction management services Sustainable Energy Musquash water pumping Motor replacement and pump station HVAC Management station and various pump stations upgrades Thornbrough Street Between Cranston Avenue and Renew 70 m of 200 ram watermain, including civic #75 design and construction management services, Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. Lining watermains to improve pressure, water quality, and fire flows in the area Winona Avenue Gooderieb Street to end Renew approx. 55m of 25mm copper (1958) with new 50mm water service, including design and construction management services 233 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Description TOTAL: Other Utility Share Share 0 170,000 0 55,000 0 95,000 0 140,000 0 325,0' 0 100,000 0 1,460,000 0 30,000 t_g .2.375.000 THE CITY OF SAINT 301IN UNICIPAL OPERATIONS I.,?NGINEERING PROPOSED W S FUND PROGRAM 06-Jan-11) 2013 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RON: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C=*: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking To be determined Water Safe. Clean Drinking Water Project Location Description Specific projects to be identified in conjunction 30,667,000 15,333,000 with updated Action Plan for Safe, Clean Drinking Water Page 40 234 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Other Utility Share Share TOTAL: p30.667.000 111.333.000 TIIE CITY OF SA NT JOHN UNIcipAL opERATI()N s I rGIN I PROPOSED W S FUND PROGRAM 201 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C-": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Wastewater Treatment Wastewater Treatment Location Description Various Treatment Facilities Final Commissioning of new Wastewater 0 0 Page .5 235 This is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. TOTAL: Other Utility Share Share ILI5* ofiN OF SAINT OILl ENGINEERING C G. I T ,t) go ND OP FU IPA_ 0 s NIC,L ED W MU ,Os PROr MOH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS w&s: WATER AND SEWER RELATED PROJECTS C- PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Watersheds Watersheds Watersheds Watershed Protection Location Loch Lomond Watershed Land acquisition for watershed protection (as 0 200,000 required) N y To Be Determined Various locations 236 This Is a tentative program listing of proposed capital projects. This list has not been approved by Common Council. Priority assignments are subject to change at any time. Description •761 Other utility Share Share Structural rehabilitation of dams, including 0 400,000 design and construction management services Construction of facilities to protect watersheds 0 200,000 from runoff from highway hazards, including design and construction management services TOTAL: la $800.000 R il °p M C2010 -02 December 30, 2009 His Worship Mayor Ivan Court And Members of Common Council 237 Your Worship and Members of Council, SUBJECT: Exemption Permit Program Analysis BACKGROUND SAINT JOHN A LIVEABLE WINTER CITY c During the December 7, 2009 Common Council Meeting, Council referred a motion to the City Manager for staff to investigate the merits of and report back to Council concerning; an exemption permit program allowing residents without access to off street parking to apply for a registered tag that will allow them on- street parking during the winter ban when there is no snow or when ploughing has been completed. Further, the permit program will include a notification protocol so that Operations can require compliance with the ban in anticipation of an upcoming storm." Council approved the Winter Management Plan for Streets and Sidewalks (M C 2009- 352) on October 26, 2009 and subsequently enacted an amendment to the Traffic By -law on November 9, 2009 bringing the `Winter Street Parking Restrictions' into effect from November 15 to April 15 (between 00:01 and 07:00) of each year. Saint John, like many other municipalities across Canada and North America, has implemented the parking restrictions in their efforts to provide the most effective and efficient snow clearing and removal operation possible and to ensure the safety of all citizens. The Saint John Parking Commission has the authority under the traffic bylaw to issue tickets and the Saint John Police has the authority to ticket and tow vehicles if necessary. This Winter Street Parking Restriction supersedes all other aspects of the Traffic By -law such as alternate side parking when in effect. Within the Plan, four areas (Old North End, South Central Peninsula, Lower West and the Mount Pleasant/Wright Street) were identified as not having enough available off street parking for residents living in multi- family residential and apartment buildings. A number of streets are identified in Schedule 1 10 1 II 11111111 of wlitria. ')rmV mm °m. Exemption Permit Program Analysis December 30` 2009 Report to Common Council, M C 2010 02 Page 2 `R' of the Traffic By -law as being excluded from the Winter Street Parking Restrictions. These streets allow for citizens who do not have access to off street parking, an on street parking solution that is deemed to be relatively close to their homes and to minimize personal inconvenience. While the majority Saint John citizens agree with and understand the need for an increased service level with respect to snow clearing and removal to fulfill the foremost priority of `public safety first', there are concerns regarding the Winter Street Parking Restrictions. ANALYSIS The City currently has a Residential Parking Permit Program and declared temporary overnight parking ban process in place in the South Central Peninsula due to the unique parking limitations in this area. South Central Peninsula residents are permitted to park on the street until a snow ban is called by Municipal Operations and that ban normally takes place the evening after a major storm. At present, the overnight Parking Bans, in the South Central Peninsula, are implemented and communicated through the local media, as required by the Saint John Traffic By -law, to citizens at a cost of $30,250 in 2008 and $72,000 in 2009. The Saint John Parking Commission allows citizens to utilize their parking lots during this ban. The newly introduced overnight winter parking policy covers all other parts of the City where overnight on -street parking has been banned except in areas where there are exemptions such as parts of the North End and Lower West Side. In these areas a Residential Parking Permit Program does not currently exist. Five Canadian municipalities (Halifax, Montreal, Ottawa, Toronto and Kingston) with residential permitting programs were examined and all of these municipalities restrict overnight parking on -street during the winter months to facilitate snow clearing and removal operations. None of them have permit programs which exempt citizens from their winter parking restriction programs. The City of Saint John has adopted a different approach by allowing certain streets in high density population areas to be excluded from the Winter Street Parking Restrictions identified in Schedule `R' of the Traffic By -law amendment. By doing so, permits do not need to be issued for these exempted areas. Current Situation It is important to recognize at the outset that complete push back and further snow removal can take place over a number of days after a storm ends depending on the severity of the storm event. Clean up operations are also carried out at night during the days and weeks after a storm. In some cases, snow clearing and removal operations from one storm may not be completed when another storm event occurs. SAINT JOHN A LIVEABLE WINTER CITY 238 Exemption Permit Program Analysis December 30` 2009 Report to Common Council, M C 2010 02 Page 3 Between November 15 and April 15 Municipal Operations spends on average sixty to seventy five percent of their operational time on snow clearing and removal operations and one hundred percent of that time during and after snow events. On street parking can significantly impact both the effectiveness and efficiency of these operations. The majority of Saint John citizens have made the effort required to ensure the Winter Management Plan for Streets and Sidewalks can be managed in a successful manner. It was noted that a number of citizens continued to park on the street during the first 2 winter storm events. However, the number of infractions continues to decrease as citizens become more familiar with the new requirements. The City received approximately 67 citizen concerns surrounding the Winter Street Parking Restrictions that requested a response from the City. They are summarized as follows; 1. 29 (43 calls were related to citizens possessing too many cars with not enough space to park them off the street or expressed personal inconvenience with having to walk too far to their home from an exempted street or having to block their cars within their own driveway. 2. 13 (19 calls were from tenants whose landlords were not providing available off street parking for them forcing tenants to use exempted on street parking or have no place to park off street at all. Some landlords had issues with not having a driveway large enough for the tenants but live near an exempted street. 3. 12 (18 calls were with requests for information about snow clearing routes and priorities, driveways blocked by snow, questions about alternate side parking or not having any notice. 4. 10 (15 calls were related to the lack of a driveway, their driveway is too small or there were property line issues with neighbours. 5. 3 (5 calls were requests to remove or lessen the effects of curbs and sidewalks blocking access to their existing driveways. The City completed nineteen second evaluations concerning lack of availability for off street parking based on the citizens described circumstances. The City was able to reconcile two requests for curb removal since the curbs should not have been installed during construction. Eleven of the other requests did not warrant additional action since some people actually had driveways or some simply had multiple vehicles. In other instances, some citizens are not fully utilizing their available off street parking on exempted streets by parking their other vehicles on the street taking available spaces away from those citizens who truly need them. During the first two storm events, many cars were parked along the exempted sections of Douglas Avenue while long empty driveways or driveways with one car parked in them were observed. SAINT JOHN A LIVEABLE WINTER CITY 239 Exemption Permit Program Analysis December 30 2009 Report to Common Council, M C 2010 02 Page 4 One issue was resolved by providing a City ROW at the end of Pokiok Road that is not used as a ROW by the general public on a daily basis. Six particular situations were reviewed and it has been determined that there is a requirement for on street parking due to a real lack of available off street parking. It is recommended that the Traffic By -law be amended to add; 1. A section of McKeil Street between Morris and Connors Streets (Mc Kiel is already listed in Schedule H for Alternate Side Parking), 2. All of First Street North (First Street is already listed in Schedule 1-1 for Alternate Side Parking), 3. Heatherway from Hickey Road to the dead end (ROW space is clearly paved and painted for perpendicular parking on one side of this section of Heather Way), 4. Mount Pleasant Avenue, Civic #86 to #96, is recommended to be exempt for one year only to allow for construction of off street parking. It is also recommended that adding Mount Pleasant Avenue, North Side of street, from Burpee Avenue to Parks Street to Schedule B (No Parking Anytime). Parking restriction signage will need to be installed, 5. Spruce Street from Wright Street to Seely Street and adding the same section of Spruce to Schedule H (Alternate Side Parking); and 6. Topeka from Edith Avenue to Park Avenue and adding the same section of Topeka to Schedule 11 (Alternate Side Parking). There are other site specific evaluations ongoing at the time of this Report. The most common complaint with respect to the Winter Street Parking Restrictions was the lack of timely communication. Since Council approved the Saint John Traffic By -law amendment on November 9, 2009, five Ward Meetings were held, between November 15 and 26, 2009, to communicate the Winter Management Plan for Streets and Sidewalks. Maps for all street and sidewalk priorities and streets excluded from the Winter Street Parking Restriction were provided for the four areas. The Plan was translated and placed on the City website. Courtesy tickets were developed, translated and placed on vehicles by City staff between November 15 and December 4, 2009 as notification to citizens that they were illegally parked. Household notifications were also developed, translated and hand delivered to homes in Saint John over a number of weeks. Various media advisories, print media, local radio and television interviews were completed to enhance communication to the public. Staff recognize that even more communication will be an essential element in resolving the issues that have been identified in the problem areas. This will also be important at the beginning of next season to avoid similar complaints. SAINT JOHN A LIVEABLE WINTER CITY 240 Exemption Permit Program Analysis December 30 2009 Report to Common Council, M C 2010 02 Page 5 Saint John Parkins? Commission The following is the approach to administering the Overnight Winter Parking Restrictions to date by the Saint John Parking Commission (SJPC). Like Municipal Operations, the SJPC has been reviewing all comments received by our department from citizens throughout various parts of the City, including a large number of complaints from citizens claiming that they were unaware of the winter ban that went into effect on November 15, 2009. The majority of the people advised that they would make arrangements for some form of off street parking now that they know the ban is in effect. A number of people have advised our office that they have made arrangements to park off -street in their own yards, in neighbour's yards or in some cases on city-owned property. Other citizens who called about vehicles parked on the street in their areas stated they were happy that there was finally a winter ban on parking to clean the streets properly. The SJPC referred a number of people to the Traffic Engineer in Municipal Operations to review the parking requirement in a particular area or street and determine if any requested changes to the parking requirement in that area were valid. Parking violations were not issued for overnight winter parking until after December 4, 2009, and since that time, By -law enforcement has been carried out throughout the City based on the criteria outlined below: Problem streets as identified by Municipal Operations; Areas that we have received complaints from citizens and/or elected officials concerning illegally parked vehicles; Randomly selected areas throughout the City to ensure compliance with the new winter parking restrictions. The present program was introduced very quickly in the fall of this year and staff agree that changes are required to update the Traffic By -law to deal with specific parking situations in the City. As public awareness of the new parking regulations has increased and enforcement activities carried out, it appears that most people are now parking off street and the number of infractions continues to decline after each storm event. Staff of the Parking Commission have also exercised considerable discretion during the initial introduction of the program to ensure that citizens are given an opportunity to raise any legitimate concerns about their particular situation. Exemption Program The introduction of a an exemption permit program with broad application across the City raises several concerns; SAINT JOHN A LIVEABLE WINTER CITY 241 Exemption Permit Program Analysis December 30 2009 Report to Common Council, M C 2010 02 Page 6 Timine Snow clearing and removal operations are conducted throughout the entire City and may not be visible in all areas of the City at all times. Clean up operations continue for several days after each storm. A permitting program may conflict with clean-up operations for those times when mild weather is prevalent. Criteria Establishment of criteria for residents to qualify for a parking permit. (i.e. No parking available off street, in a yard or next door, the number of vehicles able to be accommodated at a particular address, who in the family or rental unit has the right to apply for a pass, number of passes per household, etc) Communication Notification to the public before and after each snow event may confuse citizens as to when snow clearing and removal operations are completed. Likewise, some citizens may argue that they did not receive adequate or timely communication. Administration Citizens would be required to prove that they do not have access to off street parking. This would require staff resources to receive, investigate and determine the validity of the claim prior to approval of an exemption permit. Enforcement procedures would have to be modified to accommodate the permits and additional administration would be required as individuals relocated, sold vehicles etc. Cost Impacts The City would incur direct costs for administration of the program and indirect costs related to reduced productivity if ploughing were necessary around exempted vehicles. Enforcement Rules, fines and enforcement procedures would have to be developed for infractions, misuse of permits etc. Staff are concerned that implementing a formal exemption permit program may not only introduce an administrative burden but may also undermine the results of the program before it has had a chance to be fully adopted and accepted by the community. As noted previously, a number of the complaints received to date related primarily to personal inconvenience whereas those with merit can be readily be corrected with amendments to the bylaw. The number of complaints and infractions has already reduced as residents become more accustomed to this new approach and see the benefits of improved snow removal operations. The greater good of the community must not be compromised in order to accommodate the personal inconvenience of a few. Staff will continue to monitor the program during this winter season and will propose improvements as necessary prior to the next winter season. Alternate Approach SAINT _JOHN A LIVEABLE WINTER CITY 242 Exemption Permit Program Analysis December 30 2009 Report to Common Council, M C 2010 02 Page 7 There is a possible solution when an on -street parking shortage truly exists for a particular street in the city. At the present time, Common Council has passed a winter parking bylaw wherein most streets in the City fall under the guidelines of the City Traffic Bylaw with some exceptions. The majority of the exempted streets fall under the category of alternate side parking whether it is in the North End or Lower West Side. It is suggested that consideration be given to expanding the number of exempted streets under the bylaw through a request from citizens for an evaluation process conducted by the Traffic Engineer. If after a review by the Traffic Engineer the request to change parking regulations on a particular street was found to have merit, a bylaw amendment would be submitted to Common Council for approval. Such a procedure could be applied in any area of the City except the South Central Peninsula which already has its own program and would be consistent with the current alternate side parking that is currently in place for exempted streets. This approach would avoid the administrative burden of a full permit program yet provide sufficient flexibility to address those situations where the parking restrictions are truly problematic. Policy Consideration One reason underlying some of the concerns raised by residents is the lack of available parking for multi -unit structures. In the future, Council and the Planning Advisory Committee must be very aware and proactive to ensure that all new multi family and apartment development proposals have sufficient off street parking included. RECOMMENDATION It is recommended that Common Council follow the current structure of the Winter Management Plan for Streets and Sidewalks and that any requests for on street parking be evaluated by the Municipal Operations and Engineering Traffic Engineer and, based on merit, be resolved through amendments to Schedule `R' of the Traffic By -law. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering 243 SAINT JOHN A LIVEABLE WINTER CITY J trick Woods, CGA Acting City Manager E CRT M &C2010 -12 January 12, 2010 His Worship Mayor Ivan Court Members of Common Council TENDER RESULTS C 0 244 Ocean Westway Transmission Main (Pipeline Road West) Beaverbrook Avenue Transmission Main Reversing Falls Bridge Transmission Mains Phinney Hill Transmission Main Dever Road Water Transmission District Metering Program Tenders closed on December 23, 2009 with the following results: The Engineer's estimate for the work was $6,215,276.85. Co NCI1 Your Worship and Members of Council, SUBJECT: Contract No. 2009 -11: Ocean Westway Water Transmission Main BACKGROUND The Action Plan for Safe, Clean Drinking Water includes six projects under the 2009 /2010 Water Sewerage Utility Fund Capital Program that received funding approval under the Canada -New Brunswick Infrastructure Stimulus Fund program as follows: The purpose of this report is to recommend award of the contract for the construction of the Ocean Westway Water Transmission Main project that is approved in the 2009 Water Sewerage Utility Fund Capital program. The work consists generally of the supply of all necessary labour, material, and equipment for the installation of 3481m of 600mm water transmission main, 2158m of 200mm and 231m of 150mm diameter distribution water main along Ocean Westway from Spruce Lake to Gault Road and the upper portion of Gault Road. 1. Fairville Construction Ltd., Saint John, NB 4,407,536.75 2. Gulf Operators Ltd., Saint John, NB 4,977,578.98 3. ACL Construction Limited, Halifax, NS 5,252,081.80 4. Galbraith Construction Ltd., Saint John, NB 5,627,405.65 The Chyr of :Saint fro l n, M &C 2010 12 January 12, 2010 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders 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 2009 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 on this project that will be performed by City forces and others. The analysis concludes that a total amount of $5,700,000 was provided in the budget and that the projected completion cost of the project included in the contract is estimated to be approximately $4,700,000, including the City's eligible H.S.T. rebate, a $1,000,000 positive difference. Staff have been in contact with the Regional Development Corporation (delivery agent for the Stimulus Fund Agreement on behalf of the Government of Canada and Province of New Brunswick) and they have advised that the scope of the approved project cannot be increased to take advantage of the surplus funding and that the surplus funding cannot be utilized to offset a funding shortfall that may be incurred on any of the remaining five stimulus projects that are to be tendered. POLICY TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2009 -11: Ocean Westway Water Transmission Main, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $4,407,536.75 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations Engineering 245 J. Patrick Woods, CGA Acting City Manager M C 2010 08 January 18, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Plan Public Launch BACKGROUND: On November 9, 2009 Council approved the work plan and the consultant contract with Urban Strategies and ADI to advance the work of the Municipal Plan. During the past two months, the groundwork has been laid for a January public launch of the Municipal Plan. This start -up work has included: Recruitment of ten citizen volunteers to participate on a Citizen Advisory Committee to champion and act as community ambassadors for the Plan. Council appointed members to the Citizen Advisory Committee on December 21st Discussions with community leaders, groups and numerous media interviews; Development of a project brand, website and communication materials to heighten public awareness of the Plan; Preparations for the opening of the Municipal Plan Storefront in Brunswick Square to strengthen public involvement in the Municipal Plan; and Commencement of the technical studies. The Municinal Plan Public Launch This memo highlights for Council plans for the upcoming public launch of the Municipal Plan. There are three main goals for the launch of the Municipal Plan: 1. Build public awareness of the Municipal Plan process; 2. introduce members of the project team and Citizen Advisory Committee and 3. create excitement about the Municipal Plan and inspire the community to take part in the upcoming process as it unfolds over the course of the next two years. The Public Launch will feature the following activities during the week of January 25th: The first meeting of the Municipal Plan Citizen Advisory Committee; 246 Report to Common Council Page 2 A day long City bus tour on Tuesday, January 26th to introduce the project team and the Committee to some of the planning considerations for the City; Interviews with 40 stakeholder groups in the community to identify what they hope to achieve through the process; An official opening of the Project Storefront in Brunswick Square on Wednesday November 27 at noon featuring the unveiling of the project brand; A Public Launch event which will take place on Wednesday January 27 from 5:00 -9:00 p.m. at Market Square Atrium. Presentations will begin at 7:00 p.m. highlighting the process to unfold over the course of the next two years and will feature welcoming remarks by the Mayor and presentations from Saint Johners who will share their hopes for the City and the upcoming Municipal Plan. The format of the event will be a "meet and greet" open house to enable participants to talk with the project team, see project panels, and take part in interactive activities. A series of panels presented in both official languages will describe what is in a Municipal Plan: how the process will unfold; introduce the key players, including the members of the Citizen's Advisory Committee; explain how this project builds on other City initiatives such as "Our Saint John and how the public can get involved. Activities will be centred on key questions around the community's hopes for the City and for the project. A kid's activity will enable children to draw their ideal future city. During the event, the public will be also invited to visit the Project Storefront located in Brunswick Square. The first edition of the project newsletter will be a take away for the public to access more information on the project. A feedback form will allow people to reflect and provide written comments on some of the key questions and sign up for regular updates on the project by email. The event is being widely promoted through a number of ways: Every resident and business in the City will receive a Municipal Plan "under construction" postcard invitation to the event by mail; Posters will be on display at community centres throughout the City; An email notice will be sent to some of the City's key community networks; Media briefings and public service announcements; A newspaper advertisement in the local paper; and The event poster will be posted on the main page of the City's website What hannens next? Following the event, the information presented at the launch including the feedback received will be posted on the City's website. It will provide a foundation for a public workshop to be held in the spring on the principles and opportunities for the Municipal Plan. All project information including the panels will be available for viewing at the Municipal Plan Project Storefront in Brunswick Square. The Storefront will be open during regular office hours 8:30 a.m. 4:30 p.m. with staff on hand during the following 247 Report to Common Council Page 3 peak times: Monday Friday and the first and third Saturdays of the month from10:00 a.m. 2:00 p.m. The project panels will also be available at three community centres throughout the City (coming soon at Forest Glen, North end and Carleton Community Centres). The team will be moving forward with the research and technical studies to support the Plan. Common Council is encouraged to take part in the activities planned for the Municipal Plan launch week especially the bus tour, the official opening of the storefront and the main public launch events. Invitations to these events will be extended to the Mayor and Councillors. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.P.A. Acting City Manager 248 Saint John's Munidpal P UNDER CONSTRUCTION! nnir9 January 27,2010 n Amu SAINT er le 27 intjuhn ca Pre Launch ground work Public Launch Goals Launch Week Jan 25 -29 Next Steps For m ore Informati Jacqueline ueline Hamilto City of aepa meet f Saint John planning phone. 658 _2835 .ca. eb: www.saint1ohn ca Email: plan sa►ntiohn. ate, The City of Saint John SAINT JOHN January 15, 2010 Common Council of The City of Saint John Your Worship and Councillors: Re: Harbour Cleanup Project City Solicitors Office Bureau de l'avocat municipal Common Council meeting on December 21, 2009, adopted a resolution, in part, to enter into a Memorandum of Understanding with J.D. Irving, Limited et al to acquire various property interests in connection with the Harbour Cleanup Project. The Memorandum of Understanding has attached to it a Table, three (3) Exhibits and several Sketches. The Sketches prepared by either Hughes Surveys Consultants or Crandall Engineering. A question has arisen in respect of certain of the attachments given that several different versions of certain attachments were made before agreement was finally reached. The attachments to this correspondence are the most recent versions and have been verified by staff. In the case of the Table, by staff from Real Estate Services; the Exhibits, by staff from my office; and the Sketches, by staff from Engineering. It is requested that these attachments be appended to the Memorandum of Understanding in substitution for the attachments which were before Common Council on December 31, 2009. If that is done then the Memorandum of Understanding with these attachments will be executed by the parties. 12 P©. Box 1971 Saint John, NB Canada E2L 4L1 255 www.saintjohn.ca C.P. 1971 Saint John, N. -B.. Canada E2L 4L1 Common Council January 15, 2010 Re: Harbour Cleanup Project If you are prepared to address this concem the following would be an appropriate resolution: RESOLVED that the Table, Exhibits and Sketches accompanying correspondence dated January 15, 2009 from the City Solicitor to Common Council, be substituted for the Table, Exhibits and Sketches attached to the Memorandum of Understanding presented to Common Council on December 21, 2009; the content of the Memorandum of Understanding itself being unchanged. Respectfully Submitted, ,I John/L. Nugent City Solicitor Attachments 256 City Solicitor Page 2 Location Bayside Dr (Voyageur) Land at CRW (N.B. Power) Thorne Ave (old Kents) Option 1( creek bed) Option 1( upland)) Option 1 total 1 1 Option 2 creek bed) 1 Option 2 upland)) Option 2 total USL North Red Head South Red Head Total to Irving (Option 1) prior to Marsh St Purchase Total to Irving Option 2) prior to Marsh St Purchase Value of Marsh St 1 1 Memorandum of Understanding Table 1 Area M2 per M2 Price PID (portions) 371 1 $2.16 1 $800.001 419101 55021653, 55042675, $0.00 348060 n/a 741 $3.781 3022 $47.29 3763 741 $3.781 3048 $47.291 3789 1 $2,801.001 $142,903.00 $145,704,001 $2,801.001 $144,132.001 $146,933.001 18994, 19042, Marsh 796 $45.17 $35,954,00 Creek 232 $33.64 $7,804.00 191 $33.64 $6,425.00 1 1 1 $196,687.00 $197,917.00 15581 $24.091 $37,532,00 257 55190821 55164149 55190821 55164149 55114284 55114300 m "111,"VV1n101110 17_55 AY 14 1Id 794117 NNINCIN Jirr 1 L-1:737711111 11, 1o;na w 115,,,0.1„ "'m 11111111111111� 1 glum 00000 0 0r 1 wm1 11� 1111111 ��111 11111111111111111111 111111111 11111111111 111111 yl111nn nlllllnl r 1 mmm w1Ih Iu1li1IJ'Iw,''ul, 11111 IYi IWM i.�I 1111 A IIII11I mmul 11,11:::::::::::::::::"1,111,1,1,1,1,111,1, III III II p M I p I�II Id V m W m p N11 I'��II Vu I v ,1� 1111iiiiiw Vti 11111 pl VP 11 III 000000500 nm 1111111111111111111 "i 11 111111 111 11V IIIIIIIII y' N �1,�1�� 00 m VII '10 ill I, 4 puumouuu ppul r" 111!IVVV111 1' w 1m�iM l IA Ouuuu1111111 1 II liiiiiiiiiiiiiu1111 II M'nl, pu 'u iw�l M 1� i1 ,I1 VON p u o�uuu ulm l� 1 l l 11111111110011110 ��oiuu ,;hp II' 111 wr1 1 v uw I VV1,1111111111111,51V 11111 11 "Vwp uI it J 0 1 C �f GRANT OF EASEMENT This Indenture made this day of 2009. BY AND BETWEEN: 639882.vI [Insert appropriate recitals]; 259 PID [insert rim! Exhibit 1 to the Memorandum of Agreement between the City of Saint John, on the one hand, and Voyageur Properties Limited, Bayside Realties Limited, J. b. Irving, Limited, and Universal Sales, Limited, on the other hand, dated [Name of appropriate grantor], having its registered office at 300 Union Street, Saint John, New Brunswick, E2L 4Z2, a body corporate under the Laws of the Province of New Brunswick, hereinafter called the "Grantor" and OF THE FIRST PART THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E2L 4L1, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Grantee" OF THE SECOND PART AND WHEREAS the Grantee has approved the acquisition of the herein described easement in a resolution adopted at a meeting of the Common Council of The City of Saint John held [appropriate date], 2009; NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of One Dollar ($1.00) of lawful money of Canada, the receipt whereof is hereby acknowledged, the Grantor has given and granted and by these presents does give and grant unto the Grantee, its successors and assigns, an easement and rights at the cost, risk and expense of the Grantee by its officers, servants, agents, contractors and workers at any time to enter upon the hereinafter described lands with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereof, promptly restoring as far as is practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the owner of the hereinafter described lands, being the lands subject to the easement, including heirs, executors, administrators, successors and assigns of such owner from erecting or locating on the lands subject to the easement, any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle, provided that upon completion of the installation of the municipal works or other work the Grantee shall reinstate any portion of the lands subject to the easement disturbed by excavation to the same or better condition existing prior to the installation or work. TO HAVE AND TO HOLD the same unto and to the use of the Grantee, its successors and assigns, FOREVER, upon and subject to the terms and conditions hereinafter expressed and contained. The lands, subject to the hereinabove granted easement, are described as: "[Insert appropriate descriptionr The Grantor shall have the right to use the hereinbefore described lands for any lawful purpose, subject to the restrictions hereinbefore set forth. THIS INDENTURE shall enure to the benefit of and be binding upon the parties, thereto, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed the day and year first above written. SIGNED, SEALED DELIVERED) In the presence of: [name of Grantor] Per: President And: Assistant Secretary THE CITY OF S T JOIIN Mayor Common Clerk Common Council Resolution: [Insert date] 2009 639882,111 260 —2— I PIDs Burdened: dated PIDs Benefited: Recitals: 641776.v1 and part. Exhibit 2 to the Memorandum of Agreement between the City of Saint John, on the one hand, and Voyageur Properties Limited, Bayside Realties Limited, J. D. Irving, Limited, and Universal Sales, Limited, on the other hand, THIS HEAVY HAUL ROAD EASEMENT AND RIGHT -OF -WAY AGREEMENT (this "agreement made this day of 20 BY AND BETWEEN: The City of Saint John, having its City Hall at 15 Market Square, Saint John, NB, a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "grantor" of the first part; Bayside Realties Limited, having its registered office at 300 Union Street, Saint John, NB, a body corporate under the laws of the Province of New Brunswick, and Voyageur Properties Limited, having its registered office at 300 Union Street, Saint John, NB, a body corporate under the laws of the Province of New Brunswick, hereinafter called the "grantees" of the second (a) The grantor is the owner of the lands and premises described in Schedule "A" hereto annexed (the "grantor's land (b) The grantees are the owners of the lands and premises described in Schedule "B" hereto annexed (the "grantees' land (c) The grantees and other corporations within the Irving Group of Companies have utilized a roadway (the "heavy haul road through the former Saint John Shipyard Facility for the purpose of transporting oversized or heavy machinery and equipment to points in East Saint John. (d) The grantees have requested the grantor to grant an easement and right-of-way over that portion of the grantor's land which is utilized as the heavy haul road and which is identified as [a plan of the area which is the subject of this easement and right of is to be prepared by a New Brunswick Land Surveyor], a copy of which is attached hereto as Schedule "C" (the "easement parcel NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the grantees to the grantor, the receipt whereof is hereby acknowledged, the grantor has granted and conveyed and does hereby grant and convey unto the grantees, their successors and assigns, an exclusive, free and uninterrupted easement and right -of -way, in perpetuity, over, along and through the easement parcel for the purpose of ingress, egress and regress for persons and vehicles of every nature and kind including 261 vehicles transporting oversized or heavy machinery and equipment, over, along and through the easement parcel for the use of the grantees upon the following terms and conditions:- 1. The rights and privileges granted hereby to the grantees extend to and may be exercised by the officers, employees, agents, contractors, subcontractors, invitees and licensees of the grantees. 2. The grantees are responsible for all costs associated with the rights and privileges granted hereby other than the requirements of the grantor as set forth in paragraph 8 hereof. 3. The grantees shall and may peaceably hold and enjoy the rights and privileges granted hereby without hindrance or interruption on the part of the grantor or any person or entity claiming by, through or under the grantor. 4. The grantees shall be entitled to register this agreement in the Registry/Land Titles Office located at Saint John, NB and may 641776.v1 (i) 262 -2- mortgage, charge, finance, grant a security interest in, or the like, this easement and right of-way or the rights and privileges granted hereby without the consent of or notice to the grantor; (ii) assign, transfer, convey, mortgage, charge, license, or the like, this easement and right -of -way or the rights and privileges granted hereby, to one or more parties, at any time or from time to time, so that one or more parties may use the heavy haul road in common with other users of the heavy haul road, in whole or in part, without the consent of or notice to the grantor. 5. The grantor and the grantees acknowledge and declare that the rights and privileges granted hereby are and shall be deemed to be an appurtenance to the grantees' land. 6. The grantees shall comply with all applicable laws, regulations, orders and directives of government and governmental authorities in connection with the operation of the heavy haul road over, along and through the easement parcel. 7. The grantees covenant and agree that they shall exercise the rights hereby granted so as to cause the least interference reasonably possible with the grantor's use and enjoyment of the grantor's land. 8. The grantor may construct, maintain and utilize the sanitary pipeline and forcemain under the easement parcel provided that they are capable of sustaining loads of at least seventy metric tonnes per axle (70mt/axle) with axle spacing of fourteen hundred millimetres (1400mm) and the grantor may construct, maintain and utilize future installations of like infrastructure provided that they are capable of sustaining the loads and weights set forth herein. 9. The grantee may install other underground infrastructure such as but not limited to water or sewerage lines, on the easement parcel provided that such infrastructure is constructed, maintained and utilized so that the same is capable of sustaining loads of at least seventy metric tonnes per axle (70 mt/axle) with spacing of fourteen hundred millimetres (1400 mm). 641776.vl If to the grantor: If to the grantees: with a copy similarly delivered to: -3— 10. All notices required or permitted to be given hereunder shall be delivered personally (including by personal courier or delivery service) or sent by facsimile or by registered or certified mail (return receipt requested), postage prepaid, to the parties at the following address (or such other addresses as shall be specified by like notice): The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB, E2L 4L1 Attention: Facsimile: Bayside Realties Limited 300 Union Street 8 Floor P. O. Box 5777 Saint John, NB, E2L 4M3 Attention: The President Facsimile: 506- 632 -6451 Voyageur Properties Limited 300 Union Street 8 Floor P. O. Box 5777 Saint John, NB, E2L 4M3 Attention: The President Facsimile: 506- 632 -6451 Bayside Realties Limited 300 Union Street 12 Floor P. O. Box 5888 Saint John, NB, E2L 4L4 Attention: The Secretary Facsimile: 506- 658 -0517 Voyageur Properties Limited 300 Union Street 12 Floor P. O. Box 5888 Saint John, NB, E2L 4L4 Attention: The Secretary Facsimile: 506 -658 -0517 11. (a) Each of the parties shall, from time to time, do all such acts and things and execute and deliver, from time to time, all such further documents and assurances as might be reasonably necessary to carry out and give effect to the terms of this agreement, except to the extent that doing any such acts and things and executing and delivering any such further documents would impose any liability or obligation on a party beyond the liabilities and obligations set forth in this agreement. 263 (b) The provisions of paragraph 10(a) shall include reformatting of this easement in order to comply with the registration requirements of the Land Titles Act of New Brunswick if such is required. 12. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of 641776.vI 264 —4-- Per: Per: Per: Per: Per: The City of Saint John Mayor Common Clerk Common Council Resolution: Bayside Realties Limited President Assistant Secretary Voyageur Properties Limited President 641776.v1 265 —5-- Per: Assistant Secretary 641776.0 SCHEDULE "A" 266 641776.v1 SCHEDULE "B" 267 641776,v1 SCHEDULE "C" 268 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Elizabeth Gormley, of the City of Saint John, in the County of Saint John, in the Province of New Brunswick, MAKE OATH AND SAY as follows:- I. THAT I am the Common Clerk of The City of Saint John (the "City a body corporate, having its City Hall in the City of Saint John, in the County of Saint John, in the Province of New Brunswick. 2. THAT the Mayor and the Common Clerk of the City are authorized to execute documents in the name and on behalf of the City. 3. THAT the seal affixed to the foregoing indenture is the seal of the City and was so affixed by authority of the Council thereof. 4. That the signature "Ivan Court" to the foregoing instrument is the signature of Ivan Court, the Mayor of the City, and the signature "Elizabeth Gormley" is in the proper handwriting of me, this deponent. 5. That the said signatures were subscribed to the said instrument and the seal affixed thereto for the purpose of execution on behalf of the City. SWORN to at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of 20 before me: 641776.v1 Commissioner of Oaths Being a Solicitor 269 Elizabeth Gormley PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Bruce A. Drost, of the Town of Rothesay, in the County of Kings, in the Province of New Brunswick, MAKE OATH AND SAY as follows:- 1. THAT I am the Assistant Secretary of Bayside Realties Limited, (the "Corporation a body corporate, having its registered office in the City of Saint John, in the County of Saint John, in the Province of New Brunswick. 2. THAT the President and the Assistant Corporation of the Corporation are authorized to execute documents in the name and on behalf of the Corporation. 3. THAT the seal affixed to the foregoing indenture is the corporate seal of the Corporation and was so affixed by authority of the directors thereof. 4. That the signature "J. D. Irving" to the foregoing instrument is the signature of James D. Irving, the President of the Corporation, and the signature "Bruce A. Drost" is in the proper handwriting of me, this deponent. 5. That the said signatures were subscribed to the said instrument and the corporate seal affixed thereto for the purpose of execution on behalf of the Corporation. SWORN to at the City of Saint John, in the County of Saint John, in the Province of ew Brunswick, this day of 20 before me: 641776.v1 Commissioner of Oaths Being a Solicitor 270 Bruce A. Drost PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Bruce A. Drost, of the Town of Rothesay, in the County of Kings, in the Province of New Brunswick, MAKE OATH AND SAY as follows:- 1. THAT I am the Assistant Secretary of Voyageur Properties Limited, (the "Corporation a body corporate, having its registered office in the City of Saint John, in the County of Saint John, in the Province of New Brunswick. 2. THAT the President and the Assistant Corporation of the Corporation are authorized to execute documents in the name and on behalf of the Corporation. 3. THAT the seal affixed to the foregoing indenture is the corporate seal of the Corporation and was so affixed by authority of the directors thereof. 4. That the signature "J. D. Irving" to the foregoing instrument is the signature of James D. Irving, the President of the Corporation, and the signature "Bruce A. Drost" is in the proper handwriting of me, this deponent. 5. That the said signatures were subscribed to the said instrument and the corporate seal affixed thereto for the purpose of execution on behalf of the Corporation. SWORN to at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of before me: 641776.v1 20 Commissioner of Oaths Being a Solicitor 271 Bruce A. Drost PIDs Burdened: PIDs Benefited: THIS RAIL SPUR EASEMENT AND RIGHT -OF -WAY AGREEMENT (this "agreement made this BY AND BETWEEN: Recitals: 637482.v2 day of 20 The City of Saint John, having its City Hall at 15 Market Square, Saint John, NB, a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the 'grantor" of the first part; and Atlantic Wallboard Limited, in its capacity as the General Partner of and on behalf of Atlantic Wallboard Limited Partnership, having its registered office at 300 Union Street, Saint John, NB, a body corporate under the laws of the Province of New Brunswick, hereinafter called the "grantee" of the second part. (a) The grantor is the owner of the lands and premises described in Schedule "A" hereto annexed (the "grantor's land (b) The grantee is the owner of the lands and premises described in Schedule "B" hereto annexed (the "grantee's land (c) The grantee has requested the grantor to grant a rail spur easement and right -of -way over that portion of the grantor's land which is identified as [a plan of the area which is the subject of this easement and right-of-way is to be prepared by a New Brunswick Land Surveyor], a copy of which is attached hereto as Schedule "C" (the "easement parcel NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by the grantee to the grantor, the receipt whereof is hereby acknowledged, the grantor has granted and conveyed and does hereby grant and convey unto the grantee, its successors and assigns, an exclusive, free and uninterrupted easement and right -of -way, in perpetuity, over, along and through the easement parcel for the purpose of constructing, maintaining, repairing, replacing and operating a railway spur line (the "spur line for the use of the grantee upon the following terms and conditions:- 1. The rights and privileges granted hereby to the grantee extend to and may be exercised by the officers, employees, agents, contractors, subcontractors, invitees and licensees of the grantee. 272 Exhibit 3 to the Memorandum of Agreement between the City of Saint John, on the one hand, and Voyageur Properties Limited, Bayside Realties Limited, J. D. Irving, Limited, and Universal Sales, Limited, on the other hand, dated 2. The grantee is responsible for all costs associated with the rights and privileges granted hereby. 3. The grantee shall and may peaceably hold and enjoy the rights and privileges granted hereby without hindrance or interruption on the part of the grantor or any person or entity claiming by, through or under the grantor. 4. The grantee shall be entitled to register this agreement in the Registry/Land Titles Office located at Saint John, NB and may mortgage, charge, finance, grant a security interest in, or the like, this easement and right -of -way or the rights and privileges granted hereby without the consent of or notice to the grantor; (ii) assign, transfer, convey, mortgage, charge, or the like, this easement and right -of -way or the rights and privileges granted hereby, to one or more parties, at any time or from time to time, so that one or more parties may use the spur line in common with other users of the spur line, in whole or in part, without the consent of or notice to the grantor. 5. The grantor and the grantee acknowledge and declare that the rights and privileges granted hereby are and shall be deemed to be an appurtenance to the grantee's land. 6. The grantee shall comply with all applicable laws, regulations, orders and directives of government and governmental authorities in connection with the construction and operation of the spur line over, along and through the easement parcel. 7. The grantee covenants and agrees that it shall exercise the rights hereby granted so as to cause the least interference reasonably possible with the grantor's use and enjoyment of the grantor's land. 637482.v2 (i 273 —2— 8. The grantor may construct, maintain and utilize sanitary pipelines and forcemains under the easement parcel provided that the installation of such infrastructure does not interfere with the use of this easement and right -of -way by the grantee and the grantor covenants and agrees that it wilI not erect or locate any buildings, structures or other obstacles on the surface of the easement parcel. 9. All notices required or permitted to be given hereunder shall be delivered personally (including by personal courier or delivery service) or sent by facsimile or by registered or certified mail (return receipt requested), postage prepaid, to the parties at the following address (or such other addresses as shall be specified by like notice): 637481v2 If to the grantor: If to the grantee: with a copy similarly delivered to: 3_ The City of Saint John 15 Market Square P.O. Box 1971 Saint John, NB, E2L 4L1 Attention: Facsimile: Atlantic Wallboard Limited, in its capacity as the General Partner of and on behalf of Atlantic Wallboard Limited Partnership 300 Union Street 8 Floor P. O, Box 5777 Saint John, NB, E2L 4M3 Attention: The President Facsimile: 506 -632 -6451 Atlantic Wallboard Limited, in its capacity as the General Partner of and on behalf of Atlantic Wallboard Limited Partnership 300 Union Street 12th Floor P. O. Box 5888 Saint John, NB, E2L 4L4 Attention: The Secretary Facsimile: 506-658-0517 10. (a) Each of the parties shall, from time to time, do all such acts and things and execute and deliver, from time to time, all such further documents and assurances as might be reasonably necessary to carry out and give effect to the teens of this agreement, except to the extent that doing any such acts and things and executing and delivering any such further documents would impose any liability or obligation on a party beyond the liabilities and obligations set forth in this agreement. (b) The provisions of paragraph 9(a) shall include reformatting of this easement in order to comply with the registration requirements of the Land Titles Act of New Brunswick if such is required. II. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns. 274 -4— IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of 537482.v2 275 Per: Per: Per: Per: The City of Saint John Mayor Common Clerk Common Council Resolution: Atlantic Wallboard Limited, in its capacity as the General Partner of and on behalf of Atlantic Wallboard Limited Partnership President Assistant Secretary 637482.v2 SCHEDULE "A" 276 637482.v2 SCHEDULE "B" 277 637482.v2 SCHEDULE "C" 278 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Elizabeth Gormley, of the City of Saint John, in the County of Saint John, in the Province of New Brunswick, MAKE OATH AND SAY as follows:- 1. THAT I am the Common CIerk of The City of Saint John (the "City a body corporate, having its City Hall in the City of Saint John, in the County of Saint John, in the Province of New Brunswick. 2. THAT the Mayor and the Common Clerk of the City are authorized to execute documents in the name and on behalf of the City. 3. THAT the seal affixed to the foregoing indenture is the seal of the City and was so affixed by authority of the Council thereof. 4. That the signature "Ivan Court" to the foregoing instrument is the signature of Ivan Court, the Mayor of the City, and the signature "Elizabeth Gormley" is in the proper handwriting of me, this deponent. 5. That the said signatures were subscribed to the said instrument and the seal affixed thereto for the purpose of execution on behalf of the City. SWORN to at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of 20 before me: 637482.v2 Commissioner of Oaths Being a Solicitor 279 Elizabeth Gormley PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Bruce A. Drost, of the Town of Rothesay, in the County of Kings, in the Province of New Brunswick, MAKE OATH AND SAY as follows:- 1. THAT I am the Assistant Secretary of Atlantic Wallboard Limited, in its capacity as the General Partner of and on behalf of Atlantic Wallboard Limited Partnership, (the "Corporation a body corporate, having its registered office in the City of Saint John, in the County of Saint John, in the Province of New Brunswick. 2. THAT the President and the Assistant Corporation of the Corporation are authorized to execute documents in the name and on behalf of the Corporation. 3. 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The applicant, Paul Wilson (Real Estate Officer for the City of Saint John), appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this matter, and no letters were received from area residents. After considering the matter, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. RECOMMENDATION: 1. That Common Council assent to the submitted Saint John Marina Betty Hoyt and Brent Hoyt tentative subdivision plans that would vest a total area of approximately 4441 square metres (47,804 square feet) of land from portions of 2050, 2250 -2290 2285 Westfield Road, also identified as being portions of PID Nos. 00290197, 55013833, 55013858 55184824, as part of the Westfield Road public street right -of -way. Respectfully submitted, Carl Killen Chairman MO Project No. 1()-(H)4 That Common Council assent to any necessary municipal services or public utility easements with respect to the Westfield Road Reconstruction Project. 289 DATE: JANUARY 8, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 12, 2010 SUBJECT: Name of Applicant: Mark O'Hearn Planning Officer City of Saint John (Real Estate Services Planning and Development) Name of Owner: Saint John Marina Ltd. Betty Hoyt and Brent Hoyt Location: 2050, 2250 -2290 2285 Westfield Road PID: 00290197, 55013833, 55013858 55184824 (portions thereof) Municipal Plan: Low Density Residential Zoning: "B -2" General Business "RS -2" One and Two Family Suburban Residential Proposal: To widen the Westfield Road public street right -of -way by vesting portions of abutting properties. Type of Application: Subdivision JURISDICTION OF COMMITTEE: The Coinnni»itt' Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the assent of public streets and municipal services and public utility easements. 290 Saint John Marina Betty Hoyt and Brent Hoyt Subdivisions 2050, 2250- 2290 2285 Westfield Road STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to the submitted Saint John Marina Betty Hoyt and Brent Hoyt tentative subdivision plans that would vest a total area of approximately 4441 square metres (47,804 square feet) of land from portions of 2050, 2250 -2290 2285 Westfield Road, also identified as being portions of PID Nos. 00290197, 55013833, 55013858 55184824, as part of the Westfield Road public street right -of -way. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering supports the proposed widening of the Westfield Road. Saint John Energy has been advised of this application. Aliant has been advised of this matter. Maritimes Northeast Pipeline has no concerns with regards to the proposed street widening. ANALYSIS: Page 2 January 8, 2010 That Common Council assent to any necessary municipal services or public utility easements with respect to the Westfield Road Reconstruction Project. The subject area is situated along the Westfield Road in the Ketepec /Belmont area overlooking Grand Bay (see attached location map). The subject area involves two sites: Saint John Marina property at 2050 Westfield Road (PID No. 00290197) and three properties owned by Betty Hoyt and Brent Hoyt at 2250 -2290 2285 Westfield Road (PID Nos. 55013833, 55013858 55184824). The property at 2050 Westfield Road has been developed as a marina. A dwelling exists at 2250 Westfield Road. The other two Hoyt properties (2290 2285 Westfield Road) are undeveloped. Common Council approved as part of the 2009 and 2010 General Fund Capital Programs the Westfield Road Reconstruction Project. This will include street widening, improvements to street grades and embankments, and the inclusion of a sidewalk and bicycle lane. The improvements will also include the replacement of a large culvert that crosses beneath the Westfield Road at the bottom of a deep ravine in the vicinity of 2250 Westfield Road. A significantly larger culvert will be installed along both sides of the road. This will affect the mentioned Betty Hoyt and Brent Hoyt properties. Similarly, another culvert replacement is planned in the vicinity of the Saint John Marina property. The necessary lands have been identified on the submitted tentative subdivision plans prepared by Terrain Group Inc. (see attachments). Negotiations with the affected property owners have concluded, and Common Council has approved the purchasing arrangements. The areas proposed to be vested do not interfere with the development of the subject properties, or result in any Zoning or Subdivision By- law deficiencies. Municipal Operations and Engineering is supportive of this application. 291 Saint John Marina Betty Hoyt and Brent Hoyt Subdivisions 2050, 2250- 2290 2285 Westfield Road Page 3 January 8, 2010 The Coinnni»itt' Plcuming Act requires that the Planning Advisory Committee provide a recommendation concerning the assent of public streets (or portions thereof). The purpose of this report is to seek this recommendation from the Committee. Also recommended is the assent for any necessary municipal services or public utility easements for the overall project. Given the nature of this application no neighbourhood notification was provided. However, public engagement with local residents has been undertaken by Engineering concerning the overall street reconstruction project. MO Project No. 1()-(H)4 292 X PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT Subject Site /site en question: Location: 2050, 2250 -2290 2285, chemin Westfield Road Date: December 30 decembre 2009 Scale /echelle: Not to scale /Pas a I'echelle 293 PID(s) /NIP(s): 00290197 55013833 55013858 55184824 I R ON II 1141, Watti Fi I 1 l 11, 1 .4 its 1 littettl;itiir,14 A ltt E 1 1 01 1 1.. sen_T. 6 t i li t V l a Ati A A A 1 t 7 1; 1 1t 'al 0 'it. Opt,. ii; t et .i.s, a _L t A VII% t 1% t retS "61 liettlitte i t 1 AI VOlittit i vlhi.At\ t 294 1 1 Utt 4111 i i WESTFIE ROAD FR S BE IMES BETS HOYT AND BST Et1VE HOYT 1 10 •ypyYE 2032 PACE 252 y�p7T: 101..03 -31 Rfd''� yENi: D OWNER'S %NATU MTV cBABcEs HOYT. won EuGE ttDYS SAINT ANN MAINE ft, ono BRENTFE GENE MOYT k ESTATE of i S i t. ,a IIIONNEL. g,NU,TANT-- Oft OBT sEc4sDS' s+�' AAE T�iEGw _Ny D15YN 515 No YADE Z A Di A RELA •110 g�piG i1E DOJ D t1T N Wa ItE O1lA TO COypiNOS SET DL W D pE+f1 1 is T L OF cES wAs 04 L pCA1jN LEGEND swam- i Teo 0' -,awl aw+ 7,07::: „Ka 1 ,1\ a.b F „xQF, b 5 sn raaaa^: °nc uo T,E .,E a'cm+� prgi.4. .a a� *i"u"'° 's.% uw qv'm aP'� 1' to 1 �I T PI yE RDAD. "rwaa Pi OF ANT JD+* ANT Ci1R dryNi y'wCN D6 NEM p ro 7 R C tRFlpW jC'G 1973. EcWMTM G m 7FiE CD1N�+1 X15 e terrair NIGH$ Y4- "G44EO S i- p: S PLAN -'ME PA T NU OWE. YFAH AN 'F4 NT E PROFESajffff ALa L$, E59 PP E CO SO S BY THE MS PIA dF ITS WARRAfarf T�NTAr IVF 1HE BEST HEIE� TM"T :i t i le7 .L .t.i..2 5 TO01 9::: AD?Ea S taM� pc.. Oa a yY, rural tc ma +a mum aortal aacloa l aarefj pip ina J°N' 115 1. SaiNCE 296 CI y RI 41 0! id! Rix ij 61.0 Ps! ki 1111 b January 13, 2010 Your Worship and Councillors: SUBJECT: 600, 621 646 Fairville Boulevard Subdivision Assent The Committee considered the attached report at its January 12, 2010 meeting. Paul Wilson appeared on behalf of the City of Saint John, the applicant. Mr. Wilson spoke favourably of the application. No one appeared to speak in opposition to the application and no letters were received. After considering the matter, the Committee adopted the recommendation in the attached report. RECOMMENDATION: That Common Council assent to the submitted subdivision plan, Counsel Lancaster Limited Subdivision, prepared by Terrain Group, with respect to the vesting of the indicated parcels of land for street purposes as well as the vesting of any required public utility easements. Respectfully submitted, Carl Killen Chairman JK Project No. 09 -461 297 DATE: JANUARY 8, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 12, 2010 SUBJECT: Name of Applicant: City of Saint John Name of Owner: Counsel Fairville Limited Location: 600, 621 646 Fairville Boulevard PID: 34132, 34140, 55115208, 32771 55056832 Municipal Plan: District Centre Zoning: "B -2" General Business, "I -1" Light Industrial and "SC" Shopping Centre Proposal: Jody Kliffer Planner To vest portions of the above -noted properties for street purposes and create public utility easements in conjunction with the reconstruction of Fairville Boulevard Type of Application: Subdivision Assent and Variances to permit: a) the minimum front yard setback for the property at 621 Fairville Boulevard (Lancaster Mall) to be reduced from 15 metres (49.2 feet) to 13.1 metres (42.9 feet); 298 City of Saint John Page 2 600, 621 646 Fairville Boulevard December 11, 2009 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the vesting of public streets and street widening. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to the submitted subdivision plan, Counsel Lancaster Limited Subdivision, prepared by Terrain Group, with respect to the vesting of the indicated parcels of land for street purposes as well as the vesting of any required public utility easements. 2. That the Planning Advisory Committee grant variances to permit the property at 621 Fairville Boulevard to have a reduced front yard setback of 13.1 metres (42.9 feet) from the new limits of the Fairville Boulevard right -of -way, and a maximum lot occupancy of approximately 31 percent. BACKGROUND: On February 12, 2008, the Committee granted variances to permit the construction of a new freestanding building on the Lancaster Mall property having a minimum side yard of 3 metres (9.8 feet), and to permit the overall mall development to have a maximum lot occupancy of 30 percent of the lot area. The Zoning By -law normally requires a minimum side yard of 15 metres (49.2 feet) and maximum lot occupancy of 25 percent in the "SC" Shopping Centre zone. These variances were granted in conjunction with the recent mall redevelopment, which includes an expanded Zellers store and a new freestanding Shoppers Drug Mart. INPUT FROM OTHER SOURCES: b) the maximum lot occupancy for the property at 621 Fairville Boulevard (Lancaster Mall) to be increased from approximately 30 percent to approximately 31 percent. Municipal Operations and Engineering supports the proposed street vesting. ANALYSIS: The subject properties are located along both sides of Fairville Boulevard, between Catherwood Street and Simms Corner. This area is part of a larger commercial corridor dominated by the Lancaster Mall. 299 City of Saint John Page 3 600, 621 646 Fairville Boulevard December 11, 20u09 The City of Saint John is currently reconstructing Fairville Boulevard in this area, including the relocation of the connection from Harding Street so that it lines up with the main entrance to the mall. The attached subdivision plan illustrates the additional land that is required in order to accommodate the reconstructed streets. The properties that are affected by the proposed street widening /relocation are all owned by Counsel Fairville Limited and are illustrated on the attached area map. The properties on the northwest side of Fairville Boulevard are currently vacant, while the large property on the southeast side contains the existing mall. In addition to the acquisitions shown on the submitted plan, the City will be conveying to Counsel a portion of the land that previously accommodated the connection from Harding Street. This latter parcel will be consolidated with Counsel's existing holdings at 646 Fairville Boulevard for future commercial development. The City proposes that the various parcels illustrated on the attached subdivision plan would vest in the City as part of the public street right -of -way. The parcels include a 42- square -metre (452- square -foot) portion of 646 Fairville Boulevard, a 678 square -metre (7,298- square -foot) portion and a 169- square- metre (1,819- square -foot) portion of 600 Fairville Boulevard, and a 1976- square -metre (21,269- square- foot) portion of the Lancaster Mall property (621 Fairville Boulevard). Public utility easements will also be created on both sides of Fairville Boulevard. The vesting of land for public street purposes requires the assent of Common Council and a recommendation from the Planning Advisory Committee. The vesting of public utility easements also requires Council's assent. Approval of the proposal is recommended. The widening of the street right -of -way will reduce the depth and area of the individual properties by a small amount. As a result, variances will be required with respect to the resulting reduced front yard setback and increased lot occupancy of the mall property. The setback of the mall building will be reduced at one corner of the Superstore to 13.1 metres (42.9 feet), whereas the Zoning By -law requires a minimum setback of 14 metres (49.2 feet). The lot occupancy will be increased slightly, from the present occupancy of approximately 30 percent to approximately 31 percent of the lot area. These variances are minor in nature and can, therefore, be recommended. Due to the technical nature of this proposal, the usual notice to surrounding property- owners has not been given. JK/r Project No. 09 -461 300 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT 4 IL 2 10 /1311 TYI6 MBjp 4WSi/ lain w_ 4 1M Subject Site /site en question: Location: 600, 621 646, boulevard Fairville Boulevard Date: December 3 decembre 2009 Scale /echelle: Not to scale /Pas A I'echelle 301 PID(s) /NIP(s): 00034132 00034140 55115208 00032771 55056832 111 I 1 302 .i it ILL 111'1! \tt i gliis r fi, itied 141. Oitigt Om t 9 VWRslb W O 1 30411 rr r 3 3.0 WIDE PUBLIC UTILITY EASEMENT (P.U.E) 1 331'2 i 33'4$43 170.2@9 3.0 1MDE PUBLIC UTILITY EASEMENT (P.U.E) 218'1x10' 387 12* L ;19 RD 2' FA1RVtLIE BOULEVARD WOIN YARES 7` 5.513 21411`27. 19:03'39. 7 0 fAIRALLE UtAITED COUNSEL IOWA GERALD R. po.N 1F,n5, LILY mo ,ors a z 0 O Q 000 OW 21, 208 Mc- rr C3 Wee 1s 108.382 g CONCRET WALL 0.4M VIDE 35.194 214'03'194 33.325 u LANCASTER MALL 213'31'27' 331T9 %41 32.242 r L CORPORAL /TOL gip, �C �RPGRA�ION GROUP t 1PE CllRP• 400. vat I Po 21,2 F PAD souav 9 7 1'0 4238'41 7 8.320 cs f LANCASTER UNIIIED COUIASE iffsrei)Oga *rAek6 Sffir-Gk 1 3.0 WIDE PUBUC UTILITY EASEMENT (P.U.E) C5 +�wrr� SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau- Brunswick Canada E2L 4L1 CHRISTOPHER WALDSCHUTZ Chair/ President DAVID EMERSON Vice Chair/Vice President MARY EILEEN FLANAGAN Secretary /Secretaire MAYOR IVAN COURT Commissioner/ Commissaire DONALD F. CULLINAN Commissioner /Commissaire PETER MCGUIRE Commissioner /Commissaire CHARLENE IHAYES Commissioner /Commissaire WILLIAM G. REID Chief of Police/Chef de Police SHARON R1GBY Executive Administrator/ Secretaire Administrative Telephone/Telephone: (506) 674 -4142 Fax/Telecopieur: (506) 648 -3304 E mail/Courriel: Dolicecommission asaintluhn. ca SAINT JOHN Explore our pass/ Explorez noire passe Discover your future/ Decouvrez votre avenir January 12, 2010 Memo To: His Worship Mayor Ivan Court And Members of Common Council Subject: New Executive Officers, Saint John Board of Police Commissioners Your Worship and Councillors: The Saint John Board of Police Commissioners, at its meeting on January 5, 2010, elected the following Commissioners to serve as the Executive body for the year 2010. They are as follows: Christopher Waldschutz Chairman David Emerson Vice Chairman Mary- Eileen Flanagan Secretary Respectfully submitted, konon Sharon Rigby BA, MCBA Executive Assistant Saint John Board of Police Commissioners cc: Dept of Public Safety, Policing Services CAPB (Canadian Association of Police Boards) New Brunswick Police Commission PE R CRE EE Mayor and Council City of Saint John Re: Mispec Park January 13, 2010 As per our contractual agreement, we hereby submit our Income Statement for the 2009 year. We have included a proposed budget for operatation of the Park for the 2010 season. We have several concerns that need to be addressed; the first is about the condition of the deck on the front of canteen, it needs to be replaced. There are 2 decks in the ballfield area. One has been replaced and the second one is in poor condition and needs repair or replacement. Thirdly, the wooden rails between the road and the ballfield area have rotted. Also, we have a continuing problem with the erosion of the ground between the parking lot and the beach. Due to our severe winter weather we have damage to the 3 sets of stairs from the parking lot to the beach. Lastly, the steel structure support system on the playground equipment needs to be examined closely to ensure that it is safe. We have discussed the above noted concerns with City staff and agree that these items have to be repaired or replaced to ensure the safety of the public, before we resume operation of the park for the 2010 season. It should be noted that the Federal Government has reduced our student subsidy from 3 to 2 students last year, thus increasing our operation costs and the Provincial Government Seed program has reduced our student subsidy from 10 weeks to eight weeks per student. 3266 RED 0 A ROAD, P, 0. BOX 2414, SAINT JOAN, N.D. PHONE 506- 633 -1 330 F3A5X 506- 633 -1620 �ll'''lll k b u, We look forward to hearing from the Mayor and Council in the very near future in regard to this matter. Should you have any questions or concerns please feel free to contact me at the phone number listed below. Yours Tru ly, Chair man Mispec Park Recreation Committee Inc. 506.633.0178 306 REVENUES: City of Saint John Grants Canteen Revenue Canada Day Revenue (Net) HST Rebate Total Revenues: OPERATING EXPENSES: MISPEC PARK RECREATION COMMITTEE INC INCOME STATEMENT January 1, 2009 to December 31, 2009 Salaries $17,072.18 less reimbursements: 13.883.04 Net salary cost: Canteen Expenses (Food Casual Labour sub-contracts Equip Supplies(Cant $582.14+Maint $1,164.73)= Miscellaneous Expenses Volunteer Gas Total Expenses NET INCOME: Bank Balance brought forward January 1. 2009 BANK BALANCE AT December 31. 2009 307 $29,450.00 $17,996.15 753.50 808.50 S 3,189.14 9,863.07 17,807.58 1,746.87 10,696.72 1,060.61 E9008.15 $44.363.99 $4,644.16 9.770.73 $14.414.89 Projected Revenue Total Revenue Projected Deficit RE 1 TI 2010 Mis opose I cc ark Operating Provincial federal Government Student Work Programs Canteen dget $14,000.00 16,000.00 $30,000.00 Projected Expenses Salaries (a) Full Time $22,000.00 (b) Part Time 5,000.00 (c) Contributions (salary) 2,000.00 Insurance 4,000.00 Canteen Stock 9,500.00 Canteen Equipment 1,000.00 Garbage Removal 2,000.00 New Garbage Bins 750.00 Cleaning Supplies 500.00 Maintenance Equipment 2,000.00 Maintenance Supplies 750.00 Fertilizer, mulch, topsoil 750.00 Misc. Expenses: safety courses, canteen telephone, flowers 500.00 Repairs to: stairs and railings. 3,000.00 Repairs to: picnic tables, benches, picnic shelters 1,000.00 Sub contracts 5,000.00 WHSCC 400.00 Volunteer Expenses 1,200.00 Total Expenses $61,350.00 $31,350.00 Note: Cost of Hydro, electrical hook up and plumbing to be absorbed by the City of Saint John 3266 RED HEAD ROAD, P. 0. BOX 2414, SAINT JOHN, N.B. E2L 3119 PHONE 506 633 1330 F3114 506-633- 1620 0000100